679 
contractor may no longer qualify as a small business 
concern for that industry; and 
‘‘(B) encourages the contractor to develop capa-
bilities and characteristics typically desired in con-
tractors 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 pro-
curement 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 
concern as defined pursuant to section 3(a) of 
the Small Business Act; and 
‘‘(B) with an estimated annual value— 
‘‘(i) that will exceed the applicable re-
ceipt-based small business size standard; or 
‘‘(ii) if the contract is in an industry 
with an employee-based size standard, that 
will exceed $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 en-
680 
tered into a contract with the Department of Defense 
that includes a contract clause described in subsection 
(a)(2).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
striking the item relating to section 2419 and insert-
ing the following: 
‘‘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).’’. 
(c) REVISIONS TO COOPERATIVE AGREEMENTS.— 
(1) FULL FUNDING ALLOWED FOR CERTAIN AS-
SISTANCE.—Section 2413(b) of such title is amend-
ed— 
(A) by striking ‘‘except that in the case’’ 
and inserting: ‘‘except that— 
‘‘(1) in the case’’;
681 
(B) by striking the period at the end and 
inserting ‘‘; 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 
businesses pursuant to section 2419(b) of this title, the 
Secretary may agree to furnish the full cost of such 
assistance.’’. 
(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 consider the forecast by the eligible entity of demand 
for procurement technical assistance, and, in the case of an 
established program under this chapter, the outlays and re-
ceipts of such program during prior years of operation.’’. 
(3) CONFORMING AMENDMENT.—Section 2413(d) 
of such title is amended by striking ‘‘and in deter-
mining 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-
682 
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 
TECHNICAL 
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 
(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—
683 
(1) by striking ‘‘and’’ at the end of subpara-
graph (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 sub-
paragraph: 
‘‘(D) a remediation plan with proposed new 
practices to better meet such goals, including 
analysis 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 
semicolon at the end the following: ‘‘, and assurances 
at a minimum that the offeror or bidder, and all sub-
contractors 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;
684 
‘‘(iv) acknowledge receipt of their sub-
contractors’ reports; 
‘‘(v) compare the performance of their sub-
contractors to subcontracting plans and goals; 
and 
‘‘(vi) discuss performance with subcontrac-
tors when necessary to ensure their subcontrac-
tors make a good faith effort to comply with 
their subcontracting 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 
subparagraph (F) of paragraph (6) the following new 
subparagraph (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-
contractors at all tiers comply with the requirements 
and goals set forth in the plan established in accord-
ance with subparagraph (D) of this paragraph, in-
cluding— 
‘‘(i) the establishment of source lists of small 
business concerns, small business concerns owned 
and controlled by veterans, small business con-
685 
cerns owned and controlled by service-disabled 
veterans, qualified HUBZone small business con-
cerns, small business concerns owned and con-
trolled by socially and economically disadvan-
taged individuals, and small business concerns 
owned and controlled by women; and 
‘‘(ii) efforts to identify and award sub-
contracts 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 
specified 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 
business concerns performing as first tier sub-
contractors or subcontractors at any tier pursu-
ant to the subcontracting plans required under 
paragraph (6)(D) in an amount equal to the dol-
lar 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 execu-
tive agencies, or to one contract with more than
686 
one executive agency, the prime contractor may 
only count first tier subcontractors that are 
small business concerns. 
‘‘(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 
subcontracting goals negotiated under paragraph 
(6)(A), or the requirement for subcontractors with fur-
ther opportunities 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 con-
tractor that is already under contract to another 
party to perform work, and a third party, hereinafter 
referred to as the subcontractor, for the subcontractor 
to perform a part, or all, of the work that the con-
tractor has undertaken.
687 
‘‘(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 Administrator of the Small Business Administra-
tion, the Secretary of Defense, and the Administrator 
of General Services shall submit to the Committee on 
Small Business and the Committee on Armed Services 
of the House of Representatives and the Committee on 
Small Business and Entrepreneurship and the Com-
mittee on Armed Services of the Senate a plan to im-
plement 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 subcontracting 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 Admin-
istration, the Secretary of Defense, and the Adminis-
688 
trator 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 Admin-
istrator of the Small Business Administration shall 
promulgate any regulations necessary, and the Fed-
eral Acquisition Regulation shall be revised, to imple-
ment this section and the amendments made by this 
section. 
(4) APPLICABILITY.—Any regulations promul-
gated pursuant to paragraph (3) shall apply to con-
tracts entered 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 
section 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.
689 
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 Uni-
form Code of Military Justice. 
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 As-
sault 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 relating 
to character and military service of the accused in rule on ini-
tial disposition of offenses. 
Sec. 1709. Prohibition of retaliation against members of the Armed Forces for re-
porting 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 com-
munications of members of the Armed Forces and prohibited re-
taliatory actions. 
Sec. 1715. Inspector General investigation of allegations of retaliatory personnel 
actions taken in response to making protected communications 
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 organi-
zational climate assessments for purposes of preventing and re-
sponding to sexual assaults. 
Sec. 1722. Advancement of submittal deadline for report of independent panel on 
assessment of military response systems to sexual assault.
690 
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 Response 
Office for Department of Defense sexual assault prevention and 
response program. 
Subtitle D—Studies, Reviews, Policies, and Reports 
Sec. 1731. Independent reviews and assessments of Uniform Code of Military Jus-
tice 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 re-
tention of and access to evidence and records relating to sexual 
assaults involving members of the Armed Forces. 
Sec. 1735. Review of the Office of Diversity Management and Equal Opportunity 
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 offenses 
for trial by court-martial. 
Sec. 1745. Inclusion and command review of information on sex-related offenses 
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 com-
pleting Standard Form 86 of the Questionnaire for National Se-
curity Positions. 
Subtitle F—Sense of Congress Provisions 
Sec. 1751. Sense of Congress on commanding officer responsibility for command 
climate free of retaliation. 
Sec. 1752. Sense of Congress on disposition of charges involving certain sexual 
misconduct offenses under the Uniform Code of Military Justice 
through courts-martial. 
Sec. 1753. Sense of Congress on the discharge in lieu of court-martial of members 
of the Armed Forces who commit sex-related offenses.
691 
Subtitle A—Reform of Uniform 
Code of Military Justice 
SEC. 1701. EXTENSION OF CRIME VICTIMS’ RIGHTS TO VIC-
TIMS OF OFFENSES UNDER THE UNIFORM 
CODE OF MILITARY JUSTICE. 
(a) VICTIMS’ RIGHTS.— 
(1) IN GENERAL.—Subchapter I of chapter 47 of 
title 10, United States Code (the Uniform Code of 
Military Justice), is amended by adding at the end 
the following 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 time-
ly notice of any of the following: 
‘‘(A) A public hearing concerning the con-
tinuation of confinement prior to trial of the ac-
cused. 
‘‘(B) A preliminary hearing under section 
832 of this title (article 32) relating to the of-
fense.
692 
‘‘(C) A court-martial relating to the offense. 
‘‘(D) A public proceeding of the service 
clemency and parole board relating to the of-
fense. 
‘‘(E) The release or escape of the accused, 
unless such notice may endanger the safety of 
any person. 
‘‘(3) The right not to be excluded from any pub-
lic hearing or proceeding described in paragraph (2) 
unless the military judge or investigating officer, as 
applicable, after receiving clear and convincing evi-
dence, 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 con-
tinuation of confinement prior to trial of the ac-
cused. 
‘‘(B) A sentencing hearing relating to the 
offense. 
‘‘(C) A public proceeding of the service 
clemency and parole board relating to the of-
fense.
693 
‘‘(5) The reasonable right to confer with the 
counsel representing the Government at any pro-
ceeding described 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 
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 de-
ceased, the military judge shall designate a legal guardian 
from among the representatives of the estate of the victim, 
a family member, 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.
694 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion (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 sec-
tions 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.— 
(1) ISSUANCE.—Not later than one year after the 
date of the enactment of this Act— 
(A) the Secretary of Defense shall rec-
ommend 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
695 
Guard when it is not operating as a service in 
the Navy) shall prescribe such regulations as 
each such Secretary considers appropriate to im-
plement such section. 
(2) MECHANISMS FOR AFFORDING RIGHTS.—The 
recommendations and regulations required by para-
graph (1) shall include the following: 
(A) Mechanisms for ensuring that victims 
are notified of, and accorded, the rights specified 
in section 806b of title 10, United States Code 
(article 6b of the Uniform Code of Military Jus-
tice), as added by subsection (a). 
(B) Mechanisms for ensuring that members 
of the Armed Forces and civilian personnel of the 
Department of Defense and the Coast Guard 
make their best efforts to ensure that victims are 
notified of, and accorded, the rights specified in 
such section. 
(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-
696 
plaints relating to the provision or violation of 
such rights. 
(E) Disciplinary sanctions for members of 
the Armed Forces and other personnel of the De-
partment of Defense and Coast Guard who will-
fully or wantonly fail to comply with require-
ments relating to such rights. 
SEC. 1702. REVISION OF ARTICLE 32 AND ARTICLE 60, UNI-
FORM 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. 
‘‘(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 
accused committed the offense. 
‘‘(B) Determining whether the convening author-
ity has court-martial jurisdiction over the offense and 
the accused.
697 
‘‘(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 cir-
cumstances 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 offi-
cer. 
‘‘(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 
Government at the preliminary hearing. 
‘‘(c) REPORT OF RESULTS.—After conducting a pre-
liminary hearing under subsection (a), the judge advocate 
or other officer conducting the preliminary hearing shall 
prepare a report that addresses the matters specified in sub-
sections (a)(2) and (f). 
‘‘(d) RIGHTS OF ACCUSED AND VICTIM.—(1) The ac-
cused shall be advised of the charges against the accused
698 
and of the accused’s right to be represented by counsel at 
the preliminary 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 prescribed 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 
purposes of the hearing, as provided for in paragraph (4) 
and subsection (a)(2). 
‘‘(3) A victim may not be required to testify at the 
preliminary hearing. A victim who declines to testify shall 
be deemed to be not available for purposes of the prelimi-
nary hearing. 
‘‘(4) The presentation of evidence and examination 
(including cross-examination) of witnesses at a preliminary 
hearing shall be limited to the matters relevant to the lim-
ited purposes of the hearing, as provided in subsection 
(a)(2). 
‘‘(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 re-
cording and shall have access to the recording as prescribed 
by the Manual for Courts-Martial.
699 
‘‘(f) EFFECT
OF EVIDENCE
OF UNCHARGED OF-
FENSE.—If evidence adduced in a preliminary hearing 
under subsection (a) indicates that the accused committed 
an uncharged 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 chap-
ter, but failure to follow the requirements does not constitute 
jurisdictional 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 mat-
ters set forth in a charge or specification being con-
sidered; and 
‘‘(2) is named in one of the specifications.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter VI of chapter 47
700 
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 LIMI-
TATIONS.—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 
successor 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 
authorized 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. 
‘‘(B) Except as provided in paragraph (4), the con-
vening authority or another person authorized to act under 
this section may approve, disapprove, commute, or suspend 
the sentence 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-
701 
mute, or suspend, in whole or in part, the sentence of the 
court-martial for an offense (other than a qualifying of-
fense), the convening authority or other person shall pro-
vide, at that same time, a written explanation of the reasons 
for such action. 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 
offense, 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 speci-
fication for a qualifying offense, to a finding of guilty 
to an offense 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 
dismiss 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
702 
explanation of the reasons for such action. The written ex-
planation shall be made a part of the record of the trial 
and action 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 
confinement 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. 
‘‘(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 con-
finement for more than six months or a sentence of dis-
missal, dishonorable discharge, or bad conduct discharge.
703 
‘‘(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 committed an offense, the convening authority or an-
other person authorized to act under this section shall have 
the authority to disapprove, commute, or suspend the ad-
judged 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 
another person authorized to act under this section shall 
have the authority to approve, disapprove, commute, or sus-
pend a sentence in whole or in part pursuant to the terms 
of the pre-trial agreement, subject to the following limita-
tions for convictions of offenses that involve a mandatory 
minimum sentence: 
‘‘(i) If a mandatory minimum sentence of a dis-
honorable discharge applies to an offense for which 
the accused has been convicted, the convening author-
ity or another person authorized to act under this sec-
tion may commute the dishonorable discharge to a 
bad conduct discharge pursuant to the terms of the 
pre-trial agreement.
704 
‘‘(ii) Except as provided in clause (i), if a man-
datory 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 ARTI-
CLE 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 inserting ‘‘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 
place it appears and inserting ‘‘or another per-
son authorized to act under this section’’; 
(C) in subsection (e)(1), by striking ‘‘or 
other person taking action under this section, in
705 
his sole discretion,’’ and inserting ‘‘or another 
person authorized to act under this section’’; and 
(D) in subsection (e)(3), by striking ‘‘or 
other person taking action under this section’’ 
and inserting ‘‘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 
Justice) is amended by adding at the end the fol-
lowing new sentence: ‘‘Paragraphs (2) and (4) of sub-
section (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 execution of any sentence or part thereof 
under this subsection.’’. 
(3) REFERENCES
TO
ARTICLE
INVESTIGA-
TION.—(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’’. 
(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
706 
of this title (article 32) (if there is such a report)’’ 
and inserting ‘‘a preliminary hearing under section 
832 of this title (article 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 inserting ‘‘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 insert-
ing ‘‘a preliminary hearing pursuant to section 832 
of this title (article 32)’’. 
(E) Section 948b(d)(1)(C) of such title is amend-
ed by striking ‘‘pretrial investigation’’ and inserting 
‘‘preliminary 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 chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice), on or after that 
effective date.
707 
(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 
Justice), on or after that effective date. 
SEC. 1703. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITA-
TIONS ON TRIAL BY COURT-MARTIAL FOR AD-
DITIONAL 
OFFENSES 
INVOLVING 
SEX-RE-
LATED 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 
assault, 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 
Act, and shall apply with respect to an offense covered by 
section 920(b) or 920b(b) of title 10, United States Code
708 
(article 120(b) or 120b(b) of the Uniform Code of Military 
Justice), that is committed on or after that date. 
SEC. 1704. DEFENSE COUNSEL INTERVIEW OF VICTIM OF AN 
ALLEGED SEX-RELATED OFFENSE IN PRES-
ENCE OF TRIAL COUNSEL, COUNSEL FOR THE 
VICTIM, OR A SEXUAL ASSAULT VICTIM ADVO-
CATE. 
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 des-
ignated by paragraph (1), the following new sub-
section (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
709 
chapter, defense counsel shall make any request to interview 
the victim 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 counsel for the victim, or a Sexual Assault Victim Advo-
cate. 
‘‘(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 OF-
FENSES 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 Mili-
tary Justice), is amended—
710 
(A) by inserting ‘‘(a)’’ before ‘‘The punish-
ment’’; and 
(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 
punishment must include, at a minimum, dismissal or dis-
honorable 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 
subsection (a) or (b) of section 920b of this title (arti-
cle 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:
711 
‘‘§ 856. Art. 56. Maximum and minimum limits’’. 
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of subchapter VIII of 
chapter 47 of such title is amended by striking 
the item relating to section 856 and inserting the 
following new item: 
‘‘856. Art 56. Maximum and minimum limits.’’. 
(b) JURISDICTION LIMITED
TO GENERAL COURTS- 
MARTIAL.—Section 818 of title 10, United States Code (ar-
ticle 18 of the Uniform Code of Military Justice), is amend-
ed— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
(2) in the third sentence, by striking ‘‘However, 
a general court-martial’’ and inserting the following: 
‘‘(b) A general court-martial’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) Consistent with sections 819, 820, and 856(b) of 
this title (articles 19, 20, and 56(b)), only general courts- 
martial have jurisdiction over an offense specified in section 
856(b)(2) of this title (article 56(b)(2)).’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 180 days after the date of the enact-
ment of this Act, and apply to offenses specified in section 
856(b)(2) of title 10, United States Code (article 56(b)(2)
712 
of the Uniform Code of Military Justice), as added by sub-
section (a)(1), committed on or after that date. 
SEC. 1706. PARTICIPATION BY VICTIM IN CLEMENCY PHASE 
OF COURTS-MARTIAL PROCESS. 
(a) VICTIM SUBMISSION OF MATTERS FOR CONSIDER-
ATION BY CONVENING AUTHORITY.—Section 860 of title 10, 
United States Code (article 60 of the Uniform Code of Mili-
tary Justice), as amended by section 1702, is further 
amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the following 
new subsection: 
‘‘(d)(1) In any case in which findings and sentence 
have been adjudged for an offense that involved a victim, 
the victim shall be provided an opportunity to submit mat-
ters for consideration by the convening authority or by an-
other person authorized to act under this section before the 
convening authority or such other person takes action under 
this section. 
‘‘(2)(A) Except as provided in subparagraph (B), the 
submission of matters under paragraph (1) shall be made 
within 10 days after the later of—
713 
‘‘(i) the date on which the victim has been given 
an authenticated record of trial in accordance with 
section 854(e) of this title (article 54(e)); and 
‘‘(ii) if applicable, the date on which the victim 
has been given the recommendation of the staff judge 
advocate or legal officer under subsection (e). 
‘‘(B) In the case of a summary court-martial, the sub-
mission of matters under paragraph (1) shall be made with-
in seven days after the date on which the sentence is an-
nounced. 
‘‘(3) If a victim shows that additional time is required 
for submission of matters under paragraph (1), the con-
vening authority or other person taking action under this 
section, for good cause, may extend the submission period 
under paragraph (2) for not more than an additional 20 
days. 
‘‘(4) A victim may waive the right under this sub-
section to make a submission to the convening authority 
or other person taking action under this section. Such a 
waiver shall be made in writing and may not be revoked. 
For the purposes of subsection (c)(2), the time within which 
a victim may make a submission under this subsection shall 
be deemed to have expired upon the submission of such 
waiver to the convening authority or such other person.
714 
‘‘(5) In this section, the term ‘victim’ means a person 
who has suffered a direct physical, emotional, or pecuniary 
loss as a result of a commission of an offense under this 
chapter (the Uniform Code of Military Justice) and on 
which the convening authority or other person authorized 
to take action under this section is taking action under this 
section.’’. 
(b) LIMITATIONS
ON CONSIDERATION
OF VICTIM’S 
CHARACTER.—Subsection (b) of section 860 of title 10, 
United States Code (article 60 of the Uniform Code of Mili-
tary Justice), is amended by adding at the end the following 
new paragraph: 
‘‘(5) The convening authority or other person taking 
action under this section shall not consider under this sec-
tion any submitted matters that relate to the character of 
a victim unless such matters were presented as evidence at 
trial and not excluded at trial.’’. 
(c) CONFORMING AMENDMENT.—Subsection (b)(1) of 
section 860 of title 10, United States Code (article 60 of 
the Uniform Code of Military Justice), is amended by strik-
ing ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’.
715 
SEC. 1707. REPEAL OF THE OFFENSE OF CONSENSUAL SOD-
OMY UNDER THE UNIFORM CODE OF MILI-
TARY JUSTICE. 
(a) RESTATEMENT OF ARTICLE 125 WITH CONSEN-
SUAL SODOMY OMITTED.—Section 925 of title 10, United 
States Code (article 125 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘§ 925. Art 125. Forcible sodomy; bestiality 
‘‘(a) FORCIBLE SODOMY.—Any person subject to this 
chapter who engages in unnatural carnal copulation with 
another person of the same or opposite sex by force or with-
out the consent of the other person is guilty of forcible sod-
omy and shall be punished as a court-martial may direct. 
‘‘(b) BESTIALITY.—Any person subject to this chapter 
who engages in unnatural carnal copulation with an ani-
mal is guilty of bestiality and shall be punished as a court- 
martial may direct. 
‘‘(c) SCOPE
OF OFFENSES.—Penetration, however 
slight, is sufficient to complete an offense under subsection 
(a) or (b).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter X of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), 
is amended by striking the item relating to section 925 (ar-
ticle 125) and inserting the following new item: 
‘‘925. Art 125. Forcible sodomy; bestiality.’’.
716 
SEC. 1708. MODIFICATION OF MANUAL FOR COURTS-MAR-
TIAL TO ELIMINATE FACTOR RELATING TO 
CHARACTER AND MILITARY SERVICE OF THE 
ACCUSED IN RULE ON INITIAL DISPOSITION 
OF OFFENSES. 
Not later than 180 days after the date of the enactment 
of this Act, the discussion pertaining to Rule 306 of the 
Manual for Courts-Martial (relating to policy on initial 
disposition of offenses) shall be amended to strike the char-
acter and military service of the accused from the matters 
a commander should consider in deciding how to dispose 
of an offense. 
SEC. 1709. PROHIBITION OF RETALIATION AGAINST MEM-
BERS OF THE ARMED FORCES FOR REPORT-
ING A CRIMINAL OFFENSE. 
(a) REGULATIONS
ON PROHIBITION
OF RETALIA-
TION.— 
(1) REGULATIONS REQUIRED.—The Secretary of 
Defense shall prescribe regulations, or require the Sec-
retaries of the military departments to prescribe regu-
lations, that prohibit retaliation against an alleged 
victim or other member of the Armed Forces who re-
ports a criminal offense. The regulations shall pre-
scribe that a violation of the regulations is an offense 
punishable under section 892 of title 10, United
717 
States Code (article 92 of the Uniform Code of Mili-
tary Justice). 
(2) DEADLINE.—The regulations required by this 
subsection shall be prescribed not later than 120 days 
after the date of the enactment of this Act. 
(b) RETALIATION
AND
PERSONNEL
ACTION
DE-
SCRIBED.— 
(1) RETALIATION.—For purposes of the regula-
tions required by subsection (a), the Secretary of De-
fense shall define retaliation to include, at a min-
imum— 
(A) taking or threatening to take an adverse 
personnel action, or withholding or threatening 
to withhold a favorable personnel action, with re-
spect to a member of the Armed Forces because 
the member reported a criminal offense; and 
(B) ostracism and such of acts of maltreat-
ment, as designated by the Secretary of Defense, 
committed by peers of a member of the Armed 
Forces or by other persons because the member 
reported a criminal offense. 
(2) PERSONNEL
ACTIONS.—For purposes of 
paragraph (1)(A), the Secretary of Defense shall de-
fine the personnel actions to be covered by the regula-
tions.
718 
(c) REPORT ON SEPARATE PUNITIVE ARTICLE.—Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives a report setting forth the recommendations of 
the Secretary regarding whether chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), 
should be amended to add a new punitive article to sub-
chapter X of such chapter to prohibit retaliation against 
an alleged victim or other member of the Armed Forces who 
reports 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. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Chapter 37 of title 10, United 
States Code, is amended adding at the end the fol-
lowing new section: 
‘‘§ 657. Prohibition on service in the armed forces by 
individuals convicted of certain sexual of-
fenses 
‘‘(a) PROHIBITION ON COMMISSIONING OR ENLIST-
MENT.—A person who has been convicted of an offense spec-
719 
ified in subsection (b) under Federal or State law may not 
be processed for commissioning or permitted to enlist in the 
armed forces. 
‘‘(b) COVERED OFFENSES.—An offense specified in 
this subsection is any felony offense as follows: 
‘‘(1) Rape or sexual assault. 
‘‘(2) Forcible sodomy. 
‘‘(3) Incest. 
‘‘(4) An attempt to commit an offense specified 
in paragraph (1) through (3), as punishable under 
applicable Federal or State law.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 37 of such title is 
amended by adding at the end the following new item: 
‘‘657. Prohibition on service in the armed forces by individuals convicted of cer-
tain sexual offenses.’’. 
(b) REPEAL OF SUPERSEDED PROHIBITION.—Section 
523 of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1723; 10 U.S.C. 
504 note) is repealed.
720 
SEC. 1712. ISSUANCE OF REGULATIONS APPLICABLE TO 
THE COAST GUARD REGARDING CONSIDER-
ATION 
OF 
REQUEST 
FOR 
PERMANENT 
CHANGE OF STATION OR UNIT TRANSFER BY 
VICTIM OF SEXUAL ASSAULT. 
Section 673(b) of title 10, United States Code, is 
amended by striking ‘‘The Secretaries of the military de-
partments’’ and inserting ‘‘The Secretary concerned’’. 
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 RE-
LATED OFFENSE. 
(a) IN GENERAL.—Chapter 39 of title 10, United 
States Code, is amended by inserting after section 673 the 
following new section: 
‘‘§ 674. Temporary administrative reassignment or re-
moval of a member on active duty accused 
of committing a sexual assault or related 
offense 
‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND AC-
TION.—The Secretary concerned may provide guidance, 
within guidelines provided by the Secretary of Defense, for 
commanders regarding their authority to make a timely de-
termination, and to take action, regarding whether a mem-
ber of the armed forces serving on active duty who is alleged
721 
to have committed an offense under section 920, 920a, 920b, 
920c, or 925 of this title (article 120, 120a, 120b, 120c, or 
125 of the Uniform Code of Military Justice) or an attempt 
to commit such an offense as punishable under section 880 
of this title (article 80 of the Uniform Code of Military Jus-
tice) should be temporarily reassigned or removed from a 
position of authority or from an assignment, not as a puni-
tive measure, but solely for the purpose of maintaining good 
order and discipline within the member’s unit. 
‘‘(b) TIME FOR DETERMINATION.—A determination 
described in subsection (a) may be made at any time afer 
receipt of notification of an unrestricted report of a sexual 
assault or other sex-related offense that identifies the mem-
ber as an alleged perpetrator.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 39 of such title is amended by in-
serting after the item relating to section 673 the following 
new item: 
‘‘674. Temporary administrative reassignment or removal of a member on active 
duty accused of committing a sexual assault or related offense.’’. 
(c) ADDITIONAL TRAINING REQUIREMENT FOR COM-
MANDERS.—The Secretary of Defense shall provide for the 
inclusion of information and discussion regarding the 
availability and use of the authority described by section 
674 of title 10, United States Code, as added by subsection 
(a), as part of the training for new and prospective com-
722 
manders at all levels of command required by section 585(b) 
of the National Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81; 10 U.S.C. 1561 note). 
SEC. 1714. EXPANSION AND ENHANCEMENT OF AUTHORI-
TIES RELATING TO PROTECTED COMMUNICA-
TIONS OF MEMBERS OF THE ARMED FORCES 
AND PROHIBITED RETALIATORY ACTIONS. 
(a) EXPANSION OF PROHIBITED RETALIATORY PER-
SONNEL ACTIONS.—Subsection (b) of section 1034 of title 
10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘preparing—’’ and insert-
ing ‘‘preparing or being perceived as making or 
preparing—’’; 
(B) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(C) in subparagraph (B)— 
(i) in clause (iv), by striking ‘‘or’’ at 
the end; 
(ii) by redesignating clause (v) as 
clause (vi) and, in such clause, by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iii) by inserting after clause (iv) the 
following new clause (v):
723 
‘‘(v) a court-martial proceeding; or’’; and 
(D) by adding at the end the following new 
subparagraph: 
‘‘(C) testimony, or otherwise participating in or 
assisting in an investigation or proceeding related to 
a communication under subparagraph (A) or (B), or 
filing, causing to be filed, participating in, or other-
wise assisting in an action brought under this sec-
tion.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘and’’ after ‘‘unfavorable 
action’’ and inserting a comma; and 
(B) by inserting after ‘‘any favorable ac-
tion’’ the following: ‘‘, or making or threatening 
to make a significant change in the duties or re-
sponsibilities of a member of the armed forces 
not commensurate with the member’s grade’’. 
(b) INSPECTOR GENERAL INVESTIGATIONS OF ALLE-
GATIONS.—Subsection (c) of section 1034 of title 10, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraph (4)’’; 
(2) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (4), (5), and (6), respectively;
724 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) A communication described in paragraph (2) 
shall not be excluded from the protections provided in this 
section because— 
‘‘(A) the communication was made to a person 
who participated in an activity that the member rea-
sonably believed to be covered by paragraph (2); 
‘‘(B) the communication revealed information 
that had previously been disclosed; 
‘‘(C) of the member’s motive for making the com-
munication; 
‘‘(D) the communication was not made in writ-
ing; 
‘‘(E) the communication was made while the 
member was off duty; and 
‘‘(F) the communication was made during the 
normal course of duties of the member.’’; 
(4) in paragraph (5), as redesignated by para-
graph (2) of this subsection— 
(A) by striking ‘‘paragraph (3)(A)’’ and in-
serting ‘‘paragraph (4)(A)’’; 
(B) by striking ‘‘paragraph (3)(D)’’ and in-
serting ‘‘paragraph (4)(D)’’; and
725 
(C) by striking ‘‘60 days’’ and inserting 
‘‘one year’’; and 
(5) in paragraph (6), as redesignated by para-
graph (2) of this subsection, by striking ‘‘outside the 
immediate chain of command of both the member sub-
mitting the allegation and the individual or individ-
uals alleged to have taken the retaliatory action.’’ and 
inserting the following: ‘‘one or both of the following: 
‘‘(A) Outside the immediate chain of command 
of both the member submitting the allegation and the 
individual or individuals alleged to have taken the re-
taliatory action. 
‘‘(B) At least one organization higher in the 
chain of command than the organization of the mem-
ber submitting the allegation and the individual or 
individuals alleged to have taken the retaliatory ac-
tion.’’. 
(c) INSPECTOR GENERAL INVESTIGATIONS OF UNDER-
LYING ALLEGATIONS.—Subsection (d) of section 1034 of 
title 10, United States Code, is amended by striking ‘‘sub-
paragraph (A) or (B) of subsection (c)(2)’’ and inserting 
‘‘subparagraph (A), (B), or (C) of subsection (c)(2)’’. 
(d) REPORTS ON INVESTIGATIONS.—Subsection (e) of 
section 1034 of title 10, United States Code, is amended— 
(1) in paragraph (1)—
726 
(A) by striking ‘‘subsection (c)(3)(E)’’ both 
places it appears and inserting ‘‘subsection 
(c)(4)(E)’’; 
(B) by inserting ‘‘and the Secretary of the 
military department concerned’’ after ‘‘the Sec-
retary of Defense’’; and 
(C) by striking ‘‘transmitted to the Sec-
retary’’ and inserting ‘‘transmitted to such Sec-
retaries’’; and 
(2) in paragraph (3), by inserting ‘‘and the Sec-
retary of the military department concerned’’ after 
‘‘the Secretary of Defense’’. 
(e) ACTION IN CASE OF VIOLATIONS.—Section 1034 of 
title 10, United States Code, is further amended— 
(1) by redesignating subsections (f), (g), (h), and 
(i) as subsections (g), (h), (i), and (j), respectively; 
and 
(2) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) ACTION IN CASE OF VIOLATIONS.—(1) Not later 
than 30 days after receiving a report from the Inspector 
General under subsection (e), the Secretary of Homeland 
Security or the Secretary of the military department con-
cerned, as applicable, shall determine whether there is suffi-
727 
cient basis to conclude whether a personnel action prohib-
ited by subsection (b) has occurred. 
‘‘(2) If the Secretary concerned determines under para-
graph (1) that a personnel action prohibited by subsection 
(b) has occurred, the Secretary shall— 
‘‘(A) order such action as is necessary to correct 
the record of a personnel action prohibited by sub-
section (b); and 
‘‘(B) take any appropriate disciplinary action 
against the individual who committed such prohibited 
personnel action. 
‘‘(3) If the Secretary concerned determines under para-
graph (1) that an order for corrective or disciplinary action 
is not appropriate, not later than 30 days after making 
the determination, such Secretary shall— 
‘‘(A) provide to the Secretary of Defense and the 
member or former member a notice of the determina-
tion and the reasons for not taking action; and 
‘‘(B) when appropriate, refer the report to the 
appropriate board for the correction of military 
records for further review under subsection (g).’’. 
(f) CORRECTION OF RECORDS.—Subsection (g) of sec-
tion 1034 of title 10, United States Code, as redesignated 
by subsection (e)(1) of this section, is amended in para-
graph (3)—
728 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘board elects to hold’’ and inserting 
‘‘board holds’’; and 
(2) in subparagraph (A)(ii), by striking ‘‘the 
case is unusually complex or otherwise requires’’ and 
inserting ‘‘the member or former member would ben-
efit from’’. 
SEC. 1715. INSPECTOR GENERAL INVESTIGATION OF ALLE-
GATIONS OF RETALIATORY PERSONNEL AC-
TIONS TAKEN IN RESPONSE TO MAKING PRO-
TECTED COMMUNICATIONS REGARDING SEX-
UAL ASSAULT. 
Section 1034(c)(2)(A) of title 10, United States Code, 
is amended by striking ‘‘sexual harassment or’’ and insert-
ing ‘‘rape, sexual assault, or other sexual misconduct in vio-
lation of sections 920 through 920c of this title (articles 120 
through 120c of the Uniform Code of Military Justice), sex-
ual harassment, or’’. 
SEC. 1716. DESIGNATION AND AVAILABILITY OF SPECIAL 
VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RE-
LATED OFFENSES. 
(a) DESIGNATION AND DUTIES.— 
(1) IN GENERAL.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 
1044d the following new section:
729 
‘‘§ 1044e. Special Victims’ Counsel for victims of sex- 
related offenses 
‘‘(a) DESIGNATION; PURPOSES.—The Secretary con-
cerned shall designate legal counsel (to be known as ‘Special 
Victims’ Counsel’) for the purpose of providing legal assist-
ance to an individual eligible for military legal assistance 
under section 1044 of this title who is the victim of an al-
leged sex-related offense, regardless of whether the report of 
that offense is restricted or unrestricted. 
‘‘(b) TYPES OF LEGAL ASSISTANCE AUTHORIZED.— 
The types of legal assistance authorized by subsection (a) 
include the following: 
‘‘(1) Legal consultation regarding potential 
criminal liability of the victim stemming from or in 
relation to the circumstances surrounding the alleged 
sex-related offense and the victim’s right to seek mili-
tary defense services. 
‘‘(2) Legal consultation regarding the Victim 
Witness Assistance Program, including— 
‘‘(A) the rights and benefits afforded the vic-
tim; 
‘‘(B) the role of the Victim Witness Assist-
ance Program liaison and what privileges do or 
do not exist between the victim and the liaison; 
and
730 
‘‘(C) the nature of communication made to 
the liaison in comparison to communication 
made to a Special Victims’ Counsel or a legal as-
sistance attorney under section 1044 of this title. 
‘‘(3) Legal consultation regarding the respon-
sibilities and support provided to the victim by the 
Sexual Assault Response Coordinator, a unit or in-
stallation Sexual Assault Victim Advocate, or domes-
tic abuse advocate, to include any privileges that may 
exist regarding communications between those persons 
and the victim. 
‘‘(4) Legal consultation regarding the potential 
for civil litigation against other parties (other than 
the Department of Defense). 
‘‘(5) Legal consultation regarding the military 
justice system, including (but not limited to)— 
‘‘(A) the roles and responsibilities of the 
trial counsel, the defense counsel, and investiga-
tors; 
‘‘(B) any proceedings of the military justice 
process in which the victim may observe; 
‘‘(C) the Government’s authority to compel 
cooperation and testimony; and 
‘‘(D) the victim’s responsibility to testify, 
and other duties to the court.
731 
‘‘(6) Accompanying the victim at any pro-
ceedings in connection with the reporting, military 
investigation, and military prosecution of the alleged 
sex-related offense. 
‘‘(7) Legal consultation regarding eligibility and 
requirements for services available from appropriate 
agencies or offices for emotional and mental health 
counseling and other medical services; 
‘‘(8) Legal consultation and assistance— 
‘‘(A) in personal civil legal matters in ac-
cordance with section 1044 of this title; 
‘‘(B) in any proceedings of the military jus-
tice process in which a victim can participate as 
a witness or other party; 
‘‘(C) in understanding the availability of, 
and obtaining any protections offered by, civil-
ian and military protecting or restraining or-
ders; and 
‘‘(D) in understanding the eligibility and 
requirements for, and obtaining, any available 
military and veteran benefits, such as transi-
tional compensation benefits found in section 
1059 of this title and other State and Federal 
victims’ compensation programs.
732 
‘‘(9) Such other legal assistance as the Secretary 
of Defense (or, in the case of the Coast Guard, the 
Secretary of the Department in which the Coast 
Guard is operating) may authorize in the regulations 
prescribed under subsection (h). 
‘‘(c) NATURE OF RELATIONSHIP.—The relationship be-
tween a Special Victims’ Counsel and a victim in the provi-
sion of legal advice and assistance shall be the relationship 
between an attorney and client. 
‘‘(d) QUALIFICATIONS.—An individual may not be 
designated as a Special Victims’ Counsel under this section 
unless the individual— 
‘‘(1) meets the qualifications specified in section 
1044(d)(2) of this title; and 
‘‘(2) is certified as competent to be designated as 
a Special Victims’ Counsel by the Judge Advocate 
General of the armed force in which the judge advo-
cate is a member or by which the civilian attorney 
is employed. 
‘‘(e) ADMINISTRATIVE
RESPONSIBILITY.—(1) Con-
sistent with the regulations prescribed under subsection (h), 
the Judge Advocate General (as defined in section 801(1) 
of this title) under the jurisdiction of the Secretary, and 
within the Marine Corps the Staff Judge Advocate to the 
Commandant of the Marine Corps, is responsible for the
733 
establishment and supervision of individuals designated as 
Special Victims’ Counsel. 
‘‘(2) The Secretary of Defense (and, in the case of the 
Coast Guard, the Secretary of the Department in which the 
Coast Guard is operating) shall conduct a periodic evalua-
tion of the Special Victims’ Counsel programs operated 
under this section. 
‘‘(f) AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL.— 
(1) An individual eligible for military legal assistance 
under section 1044 of this title who is the victim of an al-
leged sex-related offense shall be offered the option of receiv-
ing assistance from a Special Victims’ Counsel upon report 
of an alleged sex-related offense or at the time the victim 
seeks assistance from a Sexual Assault Response Coordi-
nator, a Sexual Assault Victim Advocate, a military crimi-
nal investigator, a victim/witness liaison, a trial counsel, 
a healthcare provider, or any other personnel designated by 
the Secretary concerned for purposes of this subsection. 
‘‘(2) The assistance of a Special Victims’ Counsel 
under this subsection shall be available to an individual 
eligible for military legal assistance under section 1044 of 
this title regardless of whether the individual elects unre-
stricted or restricted reporting of the alleged sex-related of-
fense. The individual shall also be informed that the assist-
ance of a Special Victims’ Counsel may be declined, in
734 
whole or in part, but that declining such assistance does 
not preclude the individual from subsequently requesting 
the assistance of a Special Victims’ Counsel. 
‘‘(g) ALLEGED SEX-RELATED OFFENSE DEFINED.—In 
this section, the term ‘alleged sex-related offense’ means any 
allegation of— 
‘‘(1) a violation of section 920, 920a, 920b, 920c, 
or 925 of this title (article 120, 120a, 120b, 120c, or 
125 of the Uniform Code of Military Justice); or 
‘‘(2) an attempt to commit an offense specified 
in a paragraph (1) as punishable under section 880 
of this title (article 80 of the Uniform Code of Mili-
tary Justice). 
‘‘(h) REGULATIONS.—The Secretary of Defense and the 
Secretary of the Department in which the Coast Guard is 
operating shall prescribe regulations to carry out this sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1044d the 
following new item: 
‘‘1044e. Special Victims’ Counsel for victims of sex-related offenses.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) QUALIFICATIONS
OF
PERSONS
PRO-
VIDING LEGAL ASSISTANCE.—Section 1044(d)(2) 
of such title is amended by inserting before the
735 
period at the end the following: ‘‘and, for pur-
poses of service as a Special Victims’ Counsel 
under section 1044e of this title, meets the addi-
tional qualifications specified in subsection 
(d)(2) of such section.’’. 
(B) INCLUSION IN DEFINITION OF MILITARY 
LEGAL
ASSISTANCE.—Section 1044(d)(3)(B) of 
such title is amended by striking ‘‘and 1044d’’ 
and 
inserting 
‘‘1044d, 
1044e, 
and 
1565b(a)(1)(A)’’. 
(C) ACCESS
TO
LEGAL
ASSISTANCE
AND 
SERVICES.—Section 1565b(a)(1)(A) of such title 
is amended by striking ‘‘section 1044’’ and in-
serting ‘‘sections 1044 and 1044e’’. 
(4) IMPLEMENTATION.—Section 1044e of title 10, 
United States Code, as added by paragraph (1), shall 
be implemented within 180 days after the date of the 
enactment of this Act. 
(b) ENHANCED TRAINING REQUIREMENT.—The Sec-
retary of each military department, and the Secretary of 
Homeland Security with respect to the Coast Guard when 
it is not operating as a service in the Department of the 
Navy, shall implement, consistent with the guidelines pro-
vided under section 1044e of title 10, United States Code, 
as added by subsection (a), in-depth and advanced training
736 
for all military and civilian attorneys providing legal as-
sistance under section 1044 or 1044e of such title to support 
victims of alleged sex-related offenses. 
(c) SECRETARY OF DEFENSE IMPLEMENTATION RE-
PORT.— 
(1) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Secretary 
of Homeland Security with respect to the Coast 
Guard, shall submit to the Committees on Armed 
Services and Commerce, Science, and Transportation 
of the Senate and the Committees on Armed Services 
and Transportation and Infrastructure of the House 
of Representatives a report describing how the Armed 
Forces will implement the requirements of section 
1044e of title 10, United States Code, as added by 
subsection (a). 
(2) ADDITIONAL
SUBMISSION
REQUIREMENT.— 
The report required by paragraph (1) shall also be 
submitted to the independent review panel established 
by the Secretary of Defense under section 576(a)(1) of 
the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1758) and 
to the Joint Services Committee on Military Justice.
737 
Subtitle C—Amendments to Other 
Laws 
SEC. 1721. TRACKING OF COMPLIANCE OF COMMANDING 
OFFICERS IN CONDUCTING ORGANIZATIONAL 
CLIMATE ASSESSMENTS FOR PURPOSES OF 
PREVENTING AND RESPONDING TO SEXUAL 
ASSAULTS. 
Section 572 of the National Defense Authorization Act 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1753; 
10 U.S.C. 1561 note) is amended by adding at the end the 
following new subsection: 
‘‘(d) TRACKING
OF ORGANIZATIONAL CLIMATE AS-
SESSMENT COMPLIANCE.—The Secretary of Defense shall 
direct the Secretaries of the military departments to verify 
and track the compliance of commanding officers in con-
ducting organizational climate assessments, as required by 
subsection (a)(3).’’. 
SEC. 1722. ADVANCEMENT OF SUBMITTAL DEADLINE FOR 
REPORT OF INDEPENDENT PANEL ON AS-
SESSMENT OF MILITARY RESPONSE SYSTEMS 
TO SEXUAL ASSAULT. 
Section 576(c)(1)(B) of the National Defense Author-
ization Act for Fiscal Year 2013 (Public Law 112–239; 126 
Stat. 1759) is amended by striking ‘‘Eighteen months’’ and 
inserting ‘‘Twelve months’’.
738 
SEC. 1723. RETENTION OF CERTAIN FORMS IN CONNECTION 
WITH 
RESTRICTED 
REPORTS 
AND 
UNRE-
STRICTED REPORTS ON SEXUAL ASSAULT IN-
VOLVING MEMBERS 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 
incident of sexual assault involving the member, the 
Secretary of Defense shall’’ and inserting ‘‘The Sec-
retary of Defense shall’’; and 
(2) by striking ‘‘the Restricted Report’’ and in-
serting ‘‘a Restricted Report or Unrestricted Report 
on an incident of sexual assault involving a member 
of the Armed Forces’’. 
(b) CONFORMING AMENDMENT.—The heading of such 
section is amended to read as follows:
739 
‘‘SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION 
WITH 
RESTRICTED 
REPORTS 
AND 
UNRE-
STRICTED REPORTS ON SEXUAL ASSAULT IN-
VOLVING MEMBERS OF THE ARMED FORCES.’’. 
SEC. 1724. TIMELY ACCESS TO SEXUAL ASSAULT RESPONSE 
COORDINATORS BY MEMBERS OF THE NA-
TIONAL GUARD AND RESERVES. 
Section 584(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1433; 10 U.S.C. 1561 note) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) AVAILABILITY
FOR
RESERVE
COMPONENT 
MEMBERS.—The Secretary of the military department 
concerned shall ensure the timely access to a Sexual 
Assault Response Coordinator by any member of the 
National Guard or Reserve who— 
‘‘(A) is the victim of a sexual assault dur-
ing the performance of duties as a member of the 
National Guard or Reserves; or 
‘‘(B) is the victim of a sexual assault com-
mitted by a member of the National Guard or 
Reserves.’’.
740 
SEC. 1725. QUALIFICATIONS AND SELECTION OF DEPART-
MENT OF DEFENSE SEXUAL ASSAULT PRE-
VENTION AND RESPONSE PERSONNEL AND 
REQUIRED 
AVAILABILITY 
OF 
SEXUAL 
AS-
SAULT NURSE EXAMINERS. 
(a) 
QUALIFICATIONS
FOR
ASSIGNMENT.—Section 
1602(e)(2) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 10 
U.S.C. 1561 note; 124 Stat. 4431) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by striking subparagraph (A) and inserting 
the following new subparagraphs: 
‘‘(A) the qualifications necessary for a mem-
ber of the Armed Forces or a civilian employee 
of the Department of Defense to be selected for 
assignment to duty as a Sexual Assault Response 
and Prevention Program Manager, Sexual As-
sault Response Coordinator, or Sexual Assault 
Victim Advocate, whether assigned to such duty 
on a full-time or part-time basis; 
‘‘(B) consistent with section 584(c) of the 
National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 10 U.S.C. 1561 
note; 125 Stat. 1433), the training, certification, 
and status of members of the Armed Forces and
741 
civilian employees of the department assigned to 
duty as Sexual Assault Response and Prevention 
Program Managers, Sexual Assault Response Co-
ordinators, and Sexual Assault Victim Advocates 
for the Armed Forces; and’’. 
(b) AVAILABILITY OF SEXUAL ASSAULT NURSE EXAM-
INERS AT MILITARY MEDICAL TREATMENT FACILITIES.— 
(1) FACILITIES
WITH
FULL-TIME
EMERGENCY 
DEPARTMENT.—The Secretary of a military depart-
ment shall require the assignment of at least one full- 
time sexual assault nurse examiner to each military 
medical treatment facility under the jurisdiction of 
that Secretary in which an emergency department op-
erates 24 hours per day. The Secretary may assign 
additional sexual assault nurse examiners based on 
the demographics of the patients who utilize the mili-
tary medical treatment facility. 
(2) OTHER FACILITIES.—In the case of a mili-
tary medical treatment facility not covered by para-
graph (1), the Secretary of the military department 
concerned shall require that a sexual assault nurse ex-
aminer be made available to a patient of the facility, 
consistent with the Department of Justice National 
Protocol for Sexual Assault Medical Forensic Exami-
nations, Adult/Adolescent, when a determination is
742 
made regarding the patient’s need for the services of 
a sexual assault nurse examiner. 
(3) QUALIFICATIONS.—A sexual assault nurse ex-
aminer assigned under paragraph (1) or made avail-
able under paragraph (2) shall meet such training 
and certification requirements as are prescribed by 
the Secretary of Defense. 
(c) REPORT ON TRAINING, QUALIFICATIONS, AND EX-
PERIENCE
OF SEXUAL ASSAULT PREVENTION
AND RE-
SPONSE PERSONNEL.— 
(1) REPORT
REQUIRED.—The Secretary shall 
prepare a report on the review, conducted pursuant to 
the Secretary of Defense Memorandum of May 17, 
2013, of the adequacy of the training, qualifications, 
and experience of each member of the Armed Forces 
and civilian employee of the Department of Defense 
who is assigned to a position that includes responsi-
bility for sexual assault prevention and response 
within the Armed Forces for the successful discharge 
of such responsibility. 
(2) REPORT ELEMENTS.—The report shall in-
clude the following: 
(A) An assessment of the adequacy of the 
training and certifications required for members 
and employees described in paragraph (1).
743 
(B) The number of such members and em-
ployees who did not have the training, qualifica-
tions, or experience required to successfully dis-
charge their responsibility for sexual assault pre-
vention and response within the Armed Forces. 
(C) The actions taken by the Secretary of 
Defense with respect to such members and em-
ployees who were found to lack the training, 
qualifications, or experience to successfully dis-
charge such responsibility. 
(D) Such improvements as the Secretary 
considers appropriate in the process used to se-
lect and assign members and employees to posi-
tions that include responsibility for sexual as-
sault prevention and response within the Armed 
Forces in order to ensure the highest caliber can-
didates are selected and assigned to such posi-
tions. 
(3) SUBMISSION.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit the report to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives.
744 
SEC. 1726. ADDITIONAL RESPONSIBILITIES OF SEXUAL AS-
SAULT PREVENTION AND RESPONSE OFFICE 
FOR DEPARTMENT OF DEFENSE SEXUAL AS-
SAULT PREVENTION AND RESPONSE PRO-
GRAM. 
(a) ADDITIONAL DIRECTOR DUTIES.—Subsection (b) 
of section 1611 of the Ike Skelton National Defense Author-
ization Act for Fiscal Year 2011 (Public Law 111–383; 10 
U.S.C. 1561 note) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting a semicolon; and 
(3) by adding at the end the following new para-
graphs: 
‘‘(4) collect and maintain data of the military 
departments on sexual assault in accordance with 
subsection (e); 
‘‘(5) act as liaison between the Department of 
Defense and other Federal and State agencies on pro-
grams and efforts relating to sexual assault preven-
tion and response; and 
‘‘(6) oversee development of strategic program 
guidance and joint planning objectives for resources 
in support of the sexual assault prevention and re-
sponse program, and make recommendations on
745 
modifications to policy, law, and regulations needed 
to ensure the continuing availability of such re-
sources.’’. 
(b) COLLECTION AND MAINTENANCE OF DATA.—Such 
section is further amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) 
DATA
COLLECTION
AND
MAINTENANCE 
METRICS.—In carrying out the requirements of subsection 
(b)(4), the Director of the Sexual Assault Prevention and 
Response Office shall develop metrics to measure the effec-
tiveness of, and compliance with, training and awareness 
objectives of the military departments on sexual assault pre-
vention and response.’’. 
Subtitle D—Studies, Reviews, 
Policies, and Reports 
SEC. 1731. INDEPENDENT REVIEWS AND ASSESSMENTS OF 
UNIFORM CODE OF MILITARY JUSTICE AND 
JUDICIAL 
PROCEEDINGS 
OF 
SEXUAL 
AS-
SAULT CASES. 
(a) ADDITIONAL DUTIES
FOR RESPONSE SYSTEMS 
PANEL.— 
(1) ADDITIONAL ASSESSMENTS SPECIFIED.—The 
independent panel established by the Secretary of De-
fense under subsection (a)(1) of section 576 of the Na-
tional Defense Authorization Act for Fiscal Year 2013
746 
(Public Law 112–239; 126 Stat. 1758), known as the 
‘‘response systems panel’’, shall conduct the following: 
(A) An assessment of the impact, if any, 
that removing from the chain of command any 
disposition authority regarding charges preferred 
under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice), would 
have on overall reporting and prosecution of sex-
ual assault cases. 
(B) An assessment regarding whether the 
roles, responsibilities, and authorities of Special 
Victims’ Counsel to provide legal assistance 
under section 1044e of title 10, United States 
Code, as added by section 1716, to victims of al-
leged sex-related offenses should be expanded to 
include legal standing to represent the victim 
during investigative and military justice pro-
ceedings in connection with the prosecution of 
the offense. 
(C) An assessment of the feasibility and ap-
propriateness of extending to victims of crimes 
covered by chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), the 
right afforded a crime victim in civilian crimi-
nal legal proceedings under subsection (a)(4) of
747 
section 3771 of title 18, United States Code, and 
the legal standing to seek enforcement of crime 
victim rights provided by subsection (d) of such 
section. 
(D) An assessment of the means by which 
the name, if known, and other necessary identi-
fying information of an alleged offender that is 
collected as part of a restricted report of a sexual 
assault could be compiled into a protected, 
searchable database accessible only to military 
criminal investigators, Sexual Assault Response 
Coordinators, or other appropriate personnel 
only for the purposes of identifying individuals 
who are subjects of multiple accusations of sexual 
assault and encouraging victims to make an un-
restricted report of sexual assault in those cases 
in order to facilitate increased prosecutions, par-
ticularly of serial offenders. The assessment 
should include an evaluation of the appropriate 
content to be included in the database, as well as 
the best means to maintain the privacy of those 
making a restricted report. 
(E) As part of the comparison of military 
and civilian systems for the investigation, pros-
ecution, and adjudication of adult sexual assault
748 
crimes, as required by subsection (d)(1)(B) of 
section 576 of the National Defense Authoriza-
tion Act for Fiscal Year 2013, an assessment of 
the opportunities for clemency provided in the 
military and civilian systems, the appropriate-
ness of clemency proceedings in the military sys-
tem, the manner in which clemency is used in 
the military system, and whether clemency in the 
military justice system could be reserved until 
the end of the military appeals process. 
(F) An assessment of whether the Depart-
ment of Defense should promulgate, and ensure 
the understanding of and compliance with, a for-
mal statement of what accountability, rights, 
and responsibilities a member of the Armed 
Forces has with regard to matters of sexual as-
sault prevention and response, as a means of ad-
dressing those issues within the Armed Forces. If 
the response systems panel recommends such a 
formal statement, the response systems panel 
shall provide key elements or principles that 
should be included in the formal statement. 
(2) SUBMISSION OF RESULTS.—The response sys-
tems panel shall include the results of the assessments 
required by paragraph (1) in the report required by
749 
subsection (c)(1) of section 576 of the National De-
fense Authorization Act for Fiscal Year 2013, as 
amended by section 1722. 
(b) ADDITIONAL DUTIES FOR JUDICIAL PROCEEDINGS 
PANEL.— 
(1) ADDITIONAL ASSESSMENTS SPECIFIED.—The 
independent panel established by the Secretary of De-
fense under subsection (a)(2) of section 576 of the Na-
tional Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 1758), known as the 
‘‘judicial proceedings panel’’, shall conduct the fol-
lowing: 
(A) An assessment of the likely consequences 
of amending the definition of rape and sexual 
assault under section 920 of title 10, United 
States Code (article 120 of the Uniform Code of 
Military Justice), to expressly cover a situation 
in which a person subject to chapter 47 of title 
10, United States Code (the Uniform Code of 
Military Justice), commits a sexual act upon an-
other person by abusing one’s position in the 
chain of command of the other person to gain ac-
cess to or coerce the other person. 
(B) An assessment of the implementation 
and effect of section 1044e of title 10, United
750 
States Code, as added by section 1716, and make 
such recommendations for modification of such 
section 1044e as the judicial proceedings panel 
considers appropriate. 
(C) An assessment of the implementation 
and effect of the mandatory minimum sentences 
established by section 856(b) of title 10, United 
States Code (article 56(b) of the Uniform Code 
of Military Justice), as added by section 1705, 
and the appropriateness of statutorily mandated 
minimum sentencing provisions for additional 
offenses under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Jus-
tice). 
(D) An assessment of the adequacy of the 
provision of compensation and restitution for 
victims of offenses under chapter 47 of title 10, 
United States Code (the Uniform Code of Mili-
tary Justice), and develop recommendations on 
expanding such compensation and restitution, 
including consideration of the options as follows: 
(i) Providing the forfeited wages of in-
carcerated members of the Armed Forces to 
victims of offenses as compensation.
751 
(ii) Including bodily harm among the 
injuries meriting compensation for redress 
under section 939 of title 10, United States 
Code (article 139 of the Uniform Code of 
Military Justice). 
(iii) Requiring restitution by members 
of the Armed Forces to victims of their of-
fenses upon the direction of a court-martial. 
(2) SUBMISSION OF RESULTS.—The judicial pro-
ceedings panel shall include the results of the assess-
ments required by paragraph (1) in one of the reports 
required by subsection (c)(2)(B) of section 576 of the 
National Defense Authorization Act for Fiscal Year 
2013. 
SEC. 1732. REVIEW AND POLICY REGARDING DEPARTMENT 
OF DEFENSE INVESTIGATIVE PRACTICES IN 
RESPONSE TO ALLEGATIONS OF UNIFORM 
CODE OF MILITARY JUSTICE VIOLATIONS. 
(a) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
conduct a review of the practices of the military criminal 
investigative organizations (Army Criminal Investigation 
Command, Naval Criminal Investigative Service, and Air 
Force Office of Special Investigation) in response to an alle-
gation that a member of the Armed Forces has committed
752 
an offense under the Uniform Code of Military Justice, in-
cluding the extent to which the military criminal investiga-
tive organizations make a recommendation regarding 
whether an allegation appears founded or unfounded. 
(b) POLICY.—After conducting the review required by 
subsection (a), the Secretary of Defense shall develop a uni-
form policy for the Armed Forces, to the extent practicable, 
regarding the use of case determinations to record the re-
sults of the investigation of an alleged violation of the Uni-
form Code of Military Justice. In developing the policy, the 
Secretary shall consider the feasibility of adopting case de-
termination methods, such as the uniform crime report, 
used by nonmilitary law enforcement agencies. 
SEC. 1733. REVIEW OF TRAINING AND EDUCATION PRO-
VIDED MEMBERS OF THE ARMED FORCES ON 
SEXUAL 
ASSAULT 
PREVENTION 
AND 
RE-
SPONSE. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall carry out a review of the adequacy of the training 
and education provided members of the Armed Forces on 
sexual assault prevention and response. 
(b) RESPONSIVE ACTION.—Upon completion of the re-
view, the Secretary of Defense shall— 
(1) identify common core elements that must be 
included in any training or education provided mem-
753 
bers of the Armed Forces on sexual assault prevention 
and response; and 
(2) recommend such other modifications of such 
training and education as the Secretary considers ap-
propriate to address any inadequacies identified dur-
ing the review. 
(c) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report 
containing the results of the review, including the common 
core elements identified in the review that will be included 
in any training or 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 RE-
LATING TO SEXUAL ASSAULTS INVOLVING 
MEMBERS OF THE ARMED FORCES. 
(a) REVIEW OF EVIDENCE AND RECORDS RETENTION 
AND ACCESS POLICY.—The Secretary of Defense shall con-
duct a review of the progress made in developing and imple-
menting the comprehensive policy on the retention of and 
access to evidence and records relating to sexual assaults 
involving members of the Armed Forces, which was required
754 
by section 586 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 
10 U.S.C. 1561 note). 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report 
containing the results of the review. In the report, the Sec-
retary shall explain how the Secretary has addressed each 
of the matters listed in paragraphs (1) through (11) of sub-
section (c) of section 586 of the National Defense Authoriza-
tion Act for Fiscal Year 2012 that, at a minimum, were 
required to be considered in the development of the policy. 
SEC. 1735. REVIEW OF THE OFFICE OF DIVERSITY MANAGE-
MENT AND EQUAL OPPORTUNITY ROLE IN 
SEXUAL HARASSMENT CASES. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of the Office of Diversity Manage-
ment and Equal Opportunity for the purposes specified in 
subsection (b). 
(b) ELEMENTS OF STUDY.—In conducting the review 
under subsection (a), the Secretary of Defense shall— 
(1) determine whether sexual harassment cases 
should be evaluated or addressed within the Office of 
Diversity Management and Equal Opportunity;
755 
(2) identify and evaluate how the Office of Di-
versity Management and Equal Opportunity works 
with the Sexual Assault Prevention and Response Of-
fice to address sexual harassment in the Armed Forces 
and the current role of the Office of Diversity Man-
agement and Equal Opportunity in sexual harass-
ment cases; 
(3) identify and evaluate the resource and per-
sonnel gaps, if any, in the Office of Diversity Man-
agement and Equal Opportunity to adequately ad-
dress sexual harassment cases; and 
(4) identify and assess the capability of the Of-
fice of Diversity Management and Equal Opportunity 
to track incidences of sexual harassment cases. 
(c) DEFINITION.—In this section, the term ‘‘sexual 
harassment’’ has the meaning given such term in Depart-
ment of Defense Directive 1350.2, Department of Defense 
Military Equal Opportunity Program.
756 
Subtitle E—Other Matters 
SEC. 1741. ENHANCED PROTECTIONS FOR PROSPECTIVE 
MEMBERS 
AND 
NEW 
MEMBERS 
OF 
THE 
ARMED FORCES DURING ENTRY-LEVEL PROC-
ESSING AND TRAINING. 
(a) DEFINING INAPPROPRIATE AND PROHIBITED RE-
LATIONSHIPS, COMMUNICATION, CONDUCT, AND CONTACT 
BETWEEN CERTAIN MEMBERS.— 
(1) POLICY REQUIRED.—The Secretary of a mili-
tary department and the Secretary of the Department 
in which the Coast Guard is operating shall maintain 
a policy that defines and prescribes, for the persons 
described in paragraph (2), what constitutes an inap-
propriate and prohibited relationship, communica-
tion, conduct, or contact, including when such an ac-
tion is consensual, between a member of the Armed 
Forces described in paragraph (2)(A) and a prospec-
tive member or member of the Armed Forces described 
in paragraph (2)(B). 
(2) COVERED MEMBERS.—The policy required by 
paragraph (1) shall apply to— 
(A) a member of the Armed Forces who ex-
ercises authority or control over, or supervises, a 
person described in subparagraph (B) during the
757 
entry-level processing or training of the person; 
and 
(B) a prospective member of the Armed 
Forces or a member of the Armed Forces under-
going entry-level processing or training. 
(3) INCLUSION
OF
CERTAIN
MEMBERS
RE-
QUIRED.—The members of the Armed Forces covered 
by paragraph (2)(A) shall include, at a minimum, 
military personnel assigned or attached to duty— 
(A) for the purpose of recruiting or assess-
ing persons for enlistment or appointment as a 
commissioned officer, warrant officer, or enlisted 
member of the Armed Forces; 
(B) at a Military Entrance Processing Sta-
tion; or 
(C) at an entry-level training facility or 
school of an Armed Force. 
(b) EFFECT OF VIOLATIONS.—A member of the Armed 
Forces who violates the policy required by subsection (a) 
shall be subject to prosecution under the Uniform Code of 
Military Justice. 
(c) PROCESSING FOR ADMINISTRATIVE SEPARATION.— 
(1) IN GENERAL.—(A) The Secretary of Defense 
and the Secretary of the Department in which the 
Coast Guard is operating shall require the processing
758 
for administrative separation of any member of the 
Armed Forces described in subsection (a)(2)(A) in re-
sponse to the first substantiated violation by the mem-
ber of the policy required by subsection (a), when the 
member is not otherwise punitively discharged or dis-
missed from the Armed Forces for that violation. 
(B) The Secretary of a military department shall 
revise regulations applicable to the Armed Forces 
under the jurisdiction of that Secretary as necessary 
to ensure compliance with the requirement under sub-
paragraph (A). 
(2) REQUIRED ELEMENTS.—(A) In imposing the 
requirement under paragraph (1), the Secretaries 
shall ensure that any separation decision regarding a 
member of the Armed Forces is based on the full facts 
of the case and that due process procedures are pro-
vided under existing law or regulations or addition-
ally prescribed, as considered necessary by the Secre-
taries, pursuant to subsection (f). 
(B) The requirement imposed by paragraph (1) 
shall not be interpreted to limit or alter the authority 
of the Secretary of a military department and the 
Secretary of the Department in which the Coast 
Guard is operating to process members of the Armed 
Forces for administrative separation—
759 
(i) for reasons other than a substantiated 
violation of the policy required by subsection (a); 
or 
(ii) under other provisions of law or regula-
tion. 
(3) SUBSTANTIATED VIOLATION.—For purposes 
of paragraph (1), a violation by a member of the 
Armed Forces described in subsection (a)(2)(A) of the 
policy required by subsection (a) shall be treated as 
substantiated if— 
(A) there has been a court-martial convic-
tion for violation of the policy, but the adjudged 
sentence does not include discharge or dismissal; 
or 
(B) a nonjudicial punishment authority 
under section 815 of title 10, United States Code 
(article 15 of the Uniform Code of Military Jus-
tice), has determined that a member has com-
mitted an offense in violation of the policy and 
imposed nonjudicial punishment upon the mem-
ber. 
(d) REPORT ON NEED FOR UCMJ PUNITIVE ARTI-
CLE.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the
760 
House of Representatives a report containing the rec-
ommendations of the Secretary regarding the need to amend 
chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice), to create an additional article 
under subchapter X of such chapter to address violations 
of the policy required by subsection (a). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘entry-level processing or train-
ing’’, with respect to a member of the Armed Forces, 
means the period beginning on the date on which the 
member became a member of the Armed Forces and 
ending on the date on which the member physically 
arrives at that member’s first duty assignment fol-
lowing completion of initial entry training (or its 
equivalent), as defined by the Secretary of the mili-
tary department concerned or the Secretary of the De-
partment in which the Coast Guard is operating. 
(2) The term ‘‘prospective member of the Armed 
Forces’’ means a person who has had a face-to-face 
meeting with a member of the Armed Forces assigned 
or attached to duty described in subsection (a)(3)(A) 
regarding becoming a member of the Armed Forces, 
regardless of whether the person eventually becomes a 
member of the Armed Forces.
761 
(f) REGULATIONS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of the Department in which the Coast 
Guard is operating shall issue such regulations as may be 
necessary to carry out this section. The Secretary of Defense 
shall ensure that, to the extent practicable, the regulations 
are uniform for each armed force under the jurisdiction of 
that Secretary. 
SEC. 1742. COMMANDING OFFICER ACTION ON REPORTS ON 
SEXUAL OFFENSES INVOLVING MEMBERS OF 
THE ARMED FORCES. 
(a) IMMEDIATE ACTION REQUIRED.—A commanding 
officer who receives a report of a sex-related offense involv-
ing a member of the Armed Forces in the chain of command 
of such officer shall act upon the report in accordance with 
subsection (b) immediately after receipt of the report by the 
commanding officer. 
(b) ACTION REQUIRED.—The action required by this 
subsection with respect to a report described in subsection 
(a) is the referral of the report to the military criminal 
investigation organization with responsibility for inves-
tigating that offense of the military department concerned 
or such other investigation service of the military depart-
ment concerned as the Secretary of the military department 
concerned may specify for purposes of this section.
762 
SEC. 1743. EIGHT-DAY INCIDENT REPORTING REQUIRE-
MENT IN RESPONSE TO UNRESTRICTED RE-
PORT OF SEXUAL ASSAULT IN WHICH THE 
VICTIM IS A MEMBER OF THE ARMED FORCES. 
(a) INCIDENT REPORTING POLICY REQUIREMENT.— 
The Secretary of Defense and the Secretary of the Depart-
ment in which the Coast Guard is operating shall establish 
and maintain a policy to require the submission by a des-
ignated person of a written incident report not later than 
eight days after an unrestricted report of sexual assault has 
been made in which a member of the Armed Forces is the 
victim. At a minimum, this incident report shall be pro-
vided to the following: 
(1) The installation commander, if such incident 
occurred on or in the vicinity of a military installa-
tion. 
(2) The first officer in the grade of 0–6, and the 
first general officer or flag officer, in the chain of 
command of the victim. 
(3) The first officer in the grade of 0–6, and the 
first general officer or flag officer, in the chain of 
command of the alleged offender if the alleged offender 
is a member of the Armed Forces. 
(b) PURPOSE OF REPORT.—The purpose of the re-
quired incident report under subsection (a) is to detail the 
actions taken or in progress to provide the necessary care
763 
and support to the victim of the assault, to refer the allega-
tion of sexual assault to the appropriate investigatory agen-
cy, and to provide initial notification of the serious incident 
when that notification has not already taken place. 
(c) ELEMENTS OF REPORT.— 
(1) IN
GENERAL.—The report of an incident 
under subsection (a) shall include, at a minimum, the 
following: 
(A) Time/Date/Location of the alleged inci-
dent. 
(B) Type of offense alleged. 
(C) Service affiliation, assigned unit, and 
location of the victim. 
(D) Service affiliation, assigned unit, and 
location of the alleged offender, including infor-
mation regarding whether the alleged offender 
has been temporarily transferred or removed 
from an assigned billet or ordered to pretrial 
confinement or otherwise restricted, if applicable. 
(E) Post-incident actions taken in connec-
tion with the incident, including the following: 
(i) Referral of the victim to a Sexual 
Assault Response Coordinator for referral to 
services available to members of the Armed
764 
Forces who are victims of sexual assault, in-
cluding the date of each such referral. 
(ii) Notification of incident to appro-
priate military criminal investigative orga-
nization, including the organization noti-
fied and date of such notification. 
(iii) Receipt and processing status of a 
request for expedited victim transfer, if ap-
plicable. 
(iv) Issuance of any military protec-
tive orders in connection with the incident. 
(2) MODIFICATION.— 
(A) IN GENERAL.—The Secretary of Defense 
may modify the elements required in a report 
under this section regarding an incident involv-
ing a member of the Armed Forces (including the 
Coast Guard when it is operating as service in 
the Department of the Navy) if the Secretary de-
termines that such modification will facilitate 
compliance with best practices for such reporting 
as identified by the Sexual Assault Prevention 
and Response Office of the Department of De-
fense. 
(B) COAST GUARD.—The Secretary of the 
Department in which the Coast Guard is oper-
765 
ating may modify the elements required in a re-
port under this section regarding an incident in-
volving a member of the Coast Guard if the Sec-
retary determines that such modification will fa-
cilitate compliance with best practices for such 
reporting as identified by the Coast Guard Office 
of Work-Life Programs. 
(d) REGULATIONS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of the Department in which the Coast 
Guard is operating shall prescribe regulations to carry out 
this section. 
SEC. 1744. REVIEW OF DECISIONS NOT TO REFER CHARGES 
OF CERTAIN SEX-RELATED OFFENSES FOR 
TRIAL BY COURT-MARTIAL. 
(a) REVIEW REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
require the Secretaries of the military departments to 
provide for review of decisions not to refer charges for 
trial by court-martial in cases where a sex-related of-
fense has been alleged by a victim of the alleged of-
fense. 
(2) SPECIFIC REVIEW REQUIREMENTS.—As part 
of a review conducted pursuant to paragraph (1), the
766 
Secretary of a military department shall require 
that— 
(A) consideration be given to the victim’s 
statement provided during the course of the 
criminal investigation regarding the alleged sex- 
related offense perpetrated against the victim; 
and 
(B) a determination be made whether the 
victim’s statement and views concerning disposi-
tion of the alleged sex-related offense were consid-
ered by the convening authority in making the 
referral decision. 
(b) SEX-RELATED OFFENSE DEFINED.—In this sec-
tion, the term ‘‘sex-related offense’’ means any of the fol-
lowing: 
(1) Rape or sexual assault under subsection (a) 
or (b) of section 920 of title 10, United States Code 
(article 120 of the Uniform Code of Military Justice). 
(2) Forcible sodomy under section 925 of such 
title (article 125 of the Uniform Code of Military Jus-
tice). 
(3) An attempt to commit an offense specified in 
paragraph (1) or (2) as punishable under section 880 
of such title (article 80 of the Uniform Code of Mili-
tary Justice).
767 
(c) REVIEW OF CASES NOT REFERRED TO COURT- 
MARTIAL
FOLLOWING
STAFF
JUDGE
ADVOCATE
REC-
OMMENDATION OF REFERRAL FOR TRIAL.—In any case 
where a staff judge advocate, pursuant to section 834 of title 
10, United States Code (article 34 of the Uniform Code of 
Military Justice), recommends that charges of a sex-related 
offense be referred for trial by court-martial and the con-
vening authority decides not to refer any charges to a court- 
martial, the convening authority shall forward the case file 
to the Secretary of the military department concerned for 
review as a superior authorized to exercise general court- 
martial convening authority. 
(d) REVIEW OF CASES NOT REFERRED TO COURT- 
MARTIAL
FOLLOWING
STAFF
JUDGE
ADVOCATE
REC-
OMMENDATION NOT TO REFER FOR TRIAL.—In any case 
where a staff judge advocate, pursuant to section 834 of title 
10, United States Code (article 34 of the Uniform Code of 
Military Justice), recommends that charges of a sex-related 
offense should not be referred for trial by court-martial and 
the convening authority decides not to refer any charges to 
a court-martial, the convening authority shall forward the 
case file for review to the next superior commander author-
ized to exercise general court-martial convening authority.
768 
(e) ELEMENTS OF CASE FILE.—A case file forwarded 
to higher authority for review pursuant to subsection (c) 
or (d) shall include the following: 
(1) All charges and specifications preferred 
under section 830 of title 10, United States Code (ar-
ticle 30 of the Uniform Code of Military Justice). 
(2) All reports of investigations of such charges, 
including the military criminal investigative organi-
zation investigation report and the report prepared 
under section 832 of title 10, United States Code (ar-
ticle 32 of the Uniform Code of Military Justice), as 
amended by section 1702. 
(3) A certification that the victim of the alleged 
sex-related offense was notified of the opportunity to 
express views on the victim’s preferred disposition of 
the alleged offense for consideration by the convening 
authority. 
(4) All statements of the victim provided to the 
military criminal investigative organization and to 
the victim’s chain of command relating to the alleged 
sex-related offense and any statement provided by the 
victim to the convening authority expressing the vic-
tim’s view on the victim’s preferred disposition of the 
alleged offense.
769 
(5) The written advice of the staff judge advocate 
to the convening authority pursuant to section 834 of 
title 10, United States Code (article 34 of the Uni-
form Code of Military Justice). 
(6) A written statement explaining the reasons 
for the convening authority’s decision not to refer any 
charges for trial by court-martial. 
(7) A certification that the victim of the alleged 
sex-related offense was informed of the convening 
authority’s decision to forward the case as provided 
in subsection (c) or (d). 
(f) NOTICE ON RESULTS OR REVIEW.—The victim of 
the alleged sex-related offense shall be notified of the results 
of the review conducted under subsection (c) or (d) in the 
manner prescribed by the victims and witness assistance 
program of the Armed Force concerned. 
(g) VICTIM
ALLEGATION
OF
SEX-RELATED
OF-
FENSE.—The Secretary of Defense shall require the Secre-
taries of the military departments to develop a system to 
ensure that a victim of a possible sex-related offense under 
the Uniform Code of Military Justice is given the oppor-
tunity to state, either at the time of making an unrestricted 
report of the allegation or during the criminal investigation 
of the allegation, whether or not the victim believes that the
770 
offense alleged is a sex-related offense subject to the require-
ments of this section. 
SEC. 1745. INCLUSION AND COMMAND REVIEW OF INFOR-
MATION ON SEX-RELATED OFFENSES IN PER-
SONNEL SERVICE RECORDS OF MEMBERS OF 
THE ARMED FORCES. 
(a) INFORMATION ON REPORTS ON SEX-RELATED OF-
FENSES.— 
(1) IN GENERAL.—If a complaint of a sex-related 
offense is made against a member of the Armed Forces 
and the member is convicted by court-martial or re-
ceives non-judicial punishment or punitive adminis-
trative action for such sex-related offense, a notation 
to that effect shall be placed in the personnel service 
record of the member, regardless of the member’s 
grade. 
(2) PURPOSE.—The purpose of the inclusion of 
information in personnel service records under para-
graph (1) is to alert commanders to the members of 
their command who have received courts-martial con-
viction, non-judicial punishment, or punitive admin-
istrative action for sex-related offenses in order to re-
duce the likelihood that repeat offenses will escape the 
notice of commanders.
771 
(b) LIMITATION ON PLACEMENT.—A notation under 
subsection (a) may not be placed in the restricted section 
of the personnel service record of a member. 
(c) CONSTRUCTION.—Nothing in subsection (a) or (b) 
may be construed to prohibit or limit the capacity of a 
member of the Armed Forces to challenge or appeal the 
placement of a notation, or location of placement of a nota-
tion, in the member’s personnel service record in accordance 
with procedures otherwise applicable to such challenges or 
appeals. 
(d) COMMAND REVIEW OF HISTORY OF SEX-RELATED 
OFFENSES OF MEMBERS UPON ASSIGNMENT OR TRANSFER 
TO NEW UNIT.— 
(1) REVIEW REQUIRED.—Under uniform regula-
tions prescribed by the Secretary of Defense, the com-
manding officer of a facility, installation, or unit to 
which a member of the Armed Forces described in 
paragraph (2) is permanently assigned or transferred 
shall review the history of sex-related offenses as docu-
mented in the personnel service record of the member 
in order to familiarize such officer with such history 
of the member. 
(2) COVERED
MEMBERS.—A member of the 
Armed Forces described in this paragraph is a mem-
ber of the Armed Forces who, at the time of assign-
772 
ment or transfer as described in paragraph (1), has 
a history of one or more sex-related offenses as docu-
mented in the personnel service record of such member 
or such other records or files as the Secretary shall 
specify in the regulations prescribed under paragraph 
(1). 
SEC. 1746. PREVENTION OF SEXUAL ASSAULT AT MILITARY 
SERVICE ACADEMIES. 
The Secretary of Defense shall ensure that the United 
States Military Academy, the United States Naval Acad-
emy, and the United States Air Force Academy include a 
section in the curricula of that military service academy 
that outlines honor, respect, and character development as 
such pertain to the issue of preventing sexual assault in 
the Armed Forces. Such curricula section shall include a 
brief history of the problem of sexual assault in the Armed 
Forces, a definition of sexual assault, information relating 
to reporting a sexual assault, victims’ rights, and dismissal 
and dishonorable discharge for offenders. Training in such 
section in the curricula shall be provided within 14 days 
after the initial arrival of a new cadet or midshipman at 
that military service academy and repeated annually there-
after.
773 
SEC. 1747. REQUIRED NOTIFICATION WHENEVER MEMBERS 
OF THE ARMED FORCES ARE COMPLETING 
STANDARD FORM 86 OF THE QUESTIONNAIRE 
FOR NATIONAL SECURITY POSITIONS. 
(a) NOTIFICATION OF POLICY.—Whenever a member of 
the Armed Forces is required to complete Standard Form 
86 of the Questionnaire for National Security Positions in 
connection with an application, investigation, or reinves-
tigation for a security clearance, the member shall be noti-
fied of the policy described in subsection (b) regarding ques-
tion 21 of such form. 
(b) POLICY DESCRIBED.—The policy referred to in 
subsection (a) is the policy of instructing an individual to 
answer ‘‘no’’ to question 21 of Standard Form 86 of the 
Questionnaire for National Security Positions with respect 
to consultation with a health care professional if— 
(1) the individual is a victim of a sexual assault; 
and 
(2) the consultation occurred with respect to an 
emotional or mental health condition strictly in rela-
tion to the sexual assault.
774 
Subtitle F—Sense of Congress 
Provisions 
SEC. 1751. SENSE OF CONGRESS ON COMMANDING OFFICER 
RESPONSIBILITY FOR COMMAND CLIMATE 
FREE OF RETALIATION. 
It is the sense of Congress that— 
(1) commanding officers in the Armed Forces are 
responsible for establishing a command climate in 
which sexual assault allegations are properly man-
aged and fairly evaluated and in which a victim can 
report criminal activity, including sexual assault, 
without fear of retaliation, including ostracism and 
group pressure from other members of the command; 
(2) the failure of commanding officers to main-
tain such a command climate is an appropriate basis 
for relief from their command positions; and 
(3) senior officers should evaluate subordinate 
commanding officers on their performance in estab-
lishing a command climate as described in paragraph 
(1) during the regular periodic counseling and per-
formance appraisal process prescribed by the Armed 
Force concerned for inclusion in the systems of 
records maintained and used for assignment and pro-
motion selection boards.
775 
SEC. 1752. SENSE OF CONGRESS ON DISPOSITION OF 
CHARGES INVOLVING CERTAIN SEXUAL MIS-
CONDUCT OFFENSES UNDER THE UNIFORM 
CODE 
OF 
MILITARY 
JUSTICE 
THROUGH 
COURTS-MARTIAL. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) any charge regarding an offense specified in 
subsection (b) should be disposed of by court-martial, 
rather than by non-judicial punishment or adminis-
trative action; and 
(2) in the case of any charge regarding an of-
fense specified in subsection (b) that is disposed of by 
non-judicial punishment or administrative action, 
rather than by court-martial, the disposition author-
ity should include in the case file a justification for 
the disposition of the charge by non-judicial punish-
ment or administrative action, rather than by court- 
martial. 
(b) COVERED OFFENSES.—An offense specified in this 
subsection is any of the following offenses under chapter 47 
of title 10, United States Code (the Uniform Code of Mili-
tary Justice): 
(1) Rape or sexual assault under subsection (a) 
or (b) of section 920 of such title (article 120 of the 
Uniform Code of Military Justice).
776 
(2) Forcible sodomy under section 925 of such 
title (article 125 of the Uniform Code of Military Jus-
tice). 
(3) An attempt to commit an offense specified in 
paragraph (1) or (2), as punishable under section 880 
of such title (article 80 of the Uniform Code of Mili-
tary Justice). 
SEC. 1753. SENSE OF CONGRESS ON THE DISCHARGE IN 
LIEU OF COURT-MARTIAL OF MEMBERS OF 
THE ARMED FORCES WHO COMMIT SEX-RE-
LATED OFFENSES. 
It is the sense of Congress that— 
(1) the Armed Forces should be exceedingly spar-
ing in discharging in lieu of court-martial members 
of the Armed Forces who have committed rape, sexual 
assault, forcible sodomy, or attempts to commit such 
offenses, and should do so only when the facts of the 
case clearly warrant such discharge; 
(2) whenever possible, the victims of offenses re-
ferred to in paragraph (1) shall be consulted prior to 
the determination regarding whether to discharge the 
members who committed such offenses; 
(3) convening authorities should consider the 
views of victims of offenses referred to in paragraph 
(1) when determining whether to discharge the mem-
777 
bers who committed such offenses in lieu of trying 
such members by court-martial; and 
(4) the discharge of any member who is dis-
charged as described in paragraph (1) should be char-
acterized as Other Than Honorable. 
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2014’’. 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS REQUIRED TO BE SPECIFIED BY 
LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVII for military 
construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire 
on the later of— 
(1) October 1, 2016; or
778 
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2017. 
(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security 
Investment Program (and authorizations of appropriations 
therefor), for which appropriated funds have been obligated 
before the later of— 
(1) October 1, 2016; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2017 for military construc-
tion projects, land acquisition, family housing 
projects and facilities, or contributions to the North 
Atlantic Treaty Organization Security Investment 
Program. 
TITLE XXI—ARMY MILITARY 
CONSTRUCTION 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Authorization of appropriations, Army. 
Sec. 2104. Limitation on construction of cadet barracks at United States Mili-
tary Academy, New York. 
Sec. 2105. Additional authority to carry out certain fiscal year 2004 project. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project. 
Sec. 2107. Modification of authority to carry out certain fiscal year 2011 project. 
Sec. 2108. Extension of authorizations of certain fiscal year 2010 projects. 
Sec. 2109. Extension of authorizations of certain fiscal year 2011 projects.
779 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2103 and available for military construction 
projects inside the United States as specified in the funding 
table in section 4601, the Secretary of the Army may ac-
quire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alaska ................................
Fort Wainwright .........................................................
$103,000,000 
Colorado .............................
Fort Carson, Colorado ................................................
$242,200,000 
Florida ...............................
Eglin Air Force Base ..................................................
$4,700,000 
Georgia ..............................
Fort Gordon .................................................................
$61,000,000 
Hawaii ..............................
Fort Shafter .................................................................
$70,000,000 
Kansas ...............................
Fort Leavenworth ........................................................
$17,000,000 
Kentucky ............................
Fort Campbell, Kentucky ...........................................
$4,800,000 
Maryland ...........................
Aberdeen Proving Ground ..........................................
$21,000,000 
Fort Detrick .................................................................
$7,100,000 
Missouri .............................
Fort Leonard Wood .....................................................
$90,700,000 
North Carolina ..................
Fort Bragg ...................................................................
$5,900,000 
Texas ..................................
Fort Bliss .....................................................................
$46,800,000 
Virginia .............................
Joint Base Langley-Eustis .........................................
$50,000,000 
Washington ........................
Joint Base Lewis-McChord ........................................
$144,000,000 
Yakima .........................................................................
$9,100,00 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2103 and available for military construc-
tion projects outside the United States as specified in the 
funding table in section 4601, the Secretary of the Army 
may acquire real property and carry out the military con-
struction project for the installations or locations outside
780 
the United States, and in the amount, set forth in the fol-
lowing table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Japan .................................
Kyoga-Misaki ...............................................................
$33,000,000 
Marshall Islands ................
Kwajalein Atoll ............................................................
$63,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2103 and available for military 
family housing functions as specified in the funding table 
in section 4601, the Secretary of the Army may construct 
or acquire family housing units (including land acquisition 
and supporting facilities) at the installations or locations, 
in the number of units, and in the amounts set forth in 
the following table: 
Army: Family Housing 
Country 
Installation 
Units 
Amount 
Germany ....................
South Camp Vilseck ..
29 ................................
$16,600,000 
Wisconsin ...................
Fort McCoy ................
56 ................................
$23,000,000 
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2103 and available for military family housing 
functions as specified in the funding table in section 4601, 
the Secretary of the Army may carry out architectural and 
engineering services and construction design activities with 
respect to the construction or improvement of family hous-
ing units in an amount not to exceed $4,408,000.
781 
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2013, for military construction, 
land acquisition, and military family housing functions of 
the Department of the Army as specified in the funding 
table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized 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 2101 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under subsection (a), as specified in the fund-
ing table in section 4601. 
(2) $64,000,000 (the balance of the amount au-
thorized under section 2101(a) of the Military Con-
struction Authorization Act for Fiscal Year 2013 (di-
vision B of Public Law 112–239; 126 Stat. 2119) for 
cadet barracks increment 2 at the United States Mili-
tary Academy, New York).
782 
SEC. 2104. LIMITATION ON CONSTRUCTION OF CADET BAR-
RACKS AT UNITED STATES MILITARY ACAD-
EMY, NEW YORK. 
No amounts may be obligated or expended for the con-
struction of increment 2 of the Cadet Barracks at the 
United States Military Academy, New York, as authorized 
by section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2013 (division B of Public Law 
112–239; 126 Stat. 2119), until the Secretary of the Army 
certifies to the congressional defense committees that the 
Secretary intends to award a contract for the renovation 
of MacArthur Short Barracks at the United States Military 
Academy concurrent with assuming beneficial occupancy of 
the renovated Scott Barracks at the United States Military 
Academy. 
SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2004 PROJECT. 
(a) PROJECT AUTHORIZATION.—In connection with 
the authorization contained in the table in section 2101(a) 
of the Military Construction Authorization Act for Fiscal 
Year 2004 (division B of Public Law 108–136; 117 Stat. 
1697) for Picatinny Arsenal, New Jersey, for construction 
of a Research and Development Loading Facility, the Sec-
retary of the Army may carry out a military construction 
project in the amount of $4,500,000 to complete work on 
the facility within the initial scope of the project.
783 
(b) CONGRESSIONAL NOTIFICATION.—The Secretary of 
the Army shall provide information in accordance with sec-
tion 2851(c) of title 10, United States Code, regarding the 
project described in subsection (a). 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2010 PROJECT. 
In the case of the authorization contained in the table 
in section 2101(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2010 (division B of Public Law 
111–84; 123 Stat. 2629) for Camp Arifjan, Kuwait, for con-
struction of APS Warehouses, the Secretary of the Army 
may construct up to 74,976 square meters of hardstand 
parking, 22,741 square meters of access roads, a 6 megawatt 
power plant, and 50,724 square meters of humidity-con-
trolled warehouses. 
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2011 PROJECT. 
In the case of the authorization contained in the table 
in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2011 (division B of Public Law 
111–383; 124 Stat. 4437) for Fort Lewis, Washington, for 
construction of a Regional Logistic Support Complex at the 
installation, the Secretary of the Army may construct up 
to 98,381 square yards of Organizational Vehicle Parking.
784 
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2010 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2002 of 
the Military Construction Authorization Act for Fiscal Year 
2010 (division B of Public Law 111–84; 123 Stat. 2627), 
the authorizations set forth in the table in subsection (b), 
as provided in section 2101 of that Act (126 Stat. 2628) 
and extended by section 2106 of the Military Construction 
Authorization Act for Fiscal Year 2013 (division B of Pub-
lic Law 112–239; 126 Stat. 2121), shall remain in effect 
until October 1, 2014, or the date of the enactment of an 
Act authorizing funds for military construction for fiscal 
year 2015, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is 
as follows: 
Army: Extension of 2010 Project Authorizations 
State 
Installation 
or Location 
Project 
Amount 
Virginia .....................
Fort Belvoir .......
Road and Access Control Point .....
$9,500,000 
Washington ...............
Fort Lewis ..........
Fort Lewis-McChord AFB Joint 
Access ...........................................
$9,000,000 
Kuwait .......................
Camp Arifjian ...
APS Warehouses .............................
$82,000,000 
SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2011 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2002 of 
the Military Construction Authorization Act for Fiscal Year 
2011 (division B of Public Law 111–383; 124 Stat. 4436), 
the authorizations set forth in the table in subsection (b), 
as provided in section 2101 of that Act (124 Stat. 4437),
785 
shall remain in effect until October 1, 2014, or the date 
of the enactment of an Act authorizing funds for military 
construction for fiscal year 2015, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is 
as follows: 
Army: Extension of 2011 Project Authorizations 
State 
Installation or Location 
Project 
Amount 
California .......
Presidio of Monterey ...............
Advanced Individual Training 
Barracks ...................................
$63,000,000 
Georgia ...........
Fort Benning ...........................
Land Acquisition .........................
$12,200,000 
New Mexico ....
White Sands Missile Range ....
Barracks .......................................
$29,000,000 
Germany .........
Wiesbaden Air Base ................
Access Control Point ....................
$5,100,000 
TITLE XXII—NAVY MILITARY 
CONSTRUCTION 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2011 project. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2012 project. 
Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2204 and available for military construction 
projects inside the United States as specified in the funding 
table in section 4601, the Secretary of the Navy may ac-
quire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following table:
786 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
California .........................
Barstow ...........................................................................
$14,998,000 
Camp Pendleton .............................................................
$13,124,000 
Coronado .........................................................................
$8,910,000 
Point Mugu .....................................................................
$24,667,000 
Port Hueneme ................................................................
$33,600,000 
San Diego .......................................................................
$34,331,000 
Twentynine Palms .........................................................
$33,437,000 
Florida ..............................
Jacksonville .....................................................................
$20,752,000 
Key West .........................................................................
$14,001,000 
Mayport ..........................................................................
$16,093,000 
Georgia .............................
Albany .............................................................................
$16,610,000 
Savannah ........................................................................
$61,717,000 
Guam ................................
Joint Region Marianas .................................................
$318,377,000 
Hawaii .............................
Kaneohe Bay ..................................................................
$236,982,000 
Pearl City .......................................................................
$30,100,000 
Pearl Harbor ..................................................................
$57,998,000 
Illinois ..............................
Great Lakes ....................................................................
$35,851,000 
Maine ................................
Bangor ............................................................................
$13,800,000 
Kittery ............................................................................
$11,522,000 
Maryland ..........................
Fort Meade .....................................................................
$83,988,000 
Nevada ..............................
Fallon ..............................................................................
$11,334,000 
North Carolina .................
Camp Lejeune .................................................................
$77,999,000 
New River .......................................................................
$45,863,000 
Oklahoma .........................
Tinker Air Force Base ...................................................
$14,144,000 
Rhode Island ....................
Newport ...........................................................................
$12,422,000 
South Carolina ................
Charleston .......................................................................
$73,932,000 
Virginia ............................
Dam Neck .......................................................................
$10,587,000 
Norfolk .............................................................................
$3,380,000 
Quantico .........................................................................
$38,374,000 
Yorktown .........................................................................
$18,700,000 
Washington .......................
Bremerton .......................................................................
$18,189,000 
Whidbey Island ..............................................................
$117,649,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204 and available for military construc-
tion projects outside the United States as specified in the 
funding table in section 4601, the Secretary of the Navy 
may acquire real property and carry out military construc-
tion projects for the installation or location outside the 
United States, and in the amounts, set forth in the following 
table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Djibouti ..............................
Camp Lemonier .............................................................
$29,000,000 
Japan .................................
Camp Butler ...................................................................
$5,820,000
787 
Navy: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Yokosuka .........................................................................
$7,568,000 
SEC. 2202. FAMILY HOUSING. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2204 and available for 
military family housing functions as specified in the fund-
ing table in section 4601, the Secretary of the Navy may 
carry out architectural and engineering services and con-
struction design activities with respect to the construction 
or improvement of family housing units in an amount not 
to exceed $4,438,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2204 and available for 
military family housing functions as specified in the fund-
ing table in section 4601, the Secretary of the Navy may 
improve existing military family housing units in an 
amount not to exceed $68,969,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2013, for military construction, 
land acquisition, and military family housing functions of
788 
the Department of the Navy, as specified in the funding 
table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized 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 
subsection may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under subsection (a), as specified in the fund-
ing table in section 4601. 
(2) $357,877,000 (the balance of the amount au-
thorized under section 2201(a) of the Military Con-
struction Authorization Act for Fiscal Year 2012 (di-
vision 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 au-
thorized under section 2201(b) of the Military Con-
struction Authorization Act for Fiscal Year 2010 (di-
vision B of Public Law 111–84; 123 Stat. 2633) for 
ramp parking at Joint Region Marianas, Guam).
789 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2011 PROJECT. 
In the case of the authorization contained in the table 
in section 2201(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2011 (division B of Public Law 
111–383; 124 Stat. 4441) for Southwest Asia, Bahrain, for 
construction of Navy Central Command Ammunition Mag-
azines, the Secretary of the Navy may construct additional 
Type C earth covered magazines (to provide a project total 
of eighteen), ten new modular storage magazines, an inert 
storage facility, a maintenance and ground support equip-
ment facility, concrete pads for portable ready service lock-
ers, and associated supporting facilities using appropria-
tions available for the project. 
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2012 PROJECT. 
In the case of the authorization contained in the table 
in section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2012 (division B of Public Law 
112–81; 125 Stat. 1666) for Kitsap, Washington, for con-
struction of Explosives Handling Wharf No. 2, the Sec-
retary of the Navy may construct new hardened facilities 
in lieu of hardening existing structures and a new facility 
to replace the existing Coast Guard Maritime Force Protec-
tion Unit and the Naval Undersea Warfare Command
790 
unhardened facilities using appropriations available for the 
project. 
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2011 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the 
Military Construction Authorization Act for Fiscal Year 
2011 (division B of Public Law 111–383; 124 Stat. 4436), 
the authorizations set forth in the table in subsection (b), 
as provided in section 2201 of that Act (124 Stat. 4441), 
shall remain in effect until October 1, 2014, or the date 
of the enactment of an Act authorizing funds for military 
construction for fiscal year 2015, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is 
as follows: 
Navy: Extension of 2011 Project Authorizations 
State/Country 
Installation or Loca-
tion 
Project 
Amount 
Bahrain ..............................
Southwest Asia ..................
Navy Central Command 
Ammunition Magazines 
$89,280,000 
Guam ..................................
Naval Activities, Guam ....
Defense Access Roads Im-
provements .....................
$66,730,000 
TITLE XXIII—AIR FORCE 
MILITARY CONSTRUCTION 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Limitation on project authorization to carry out certain fiscal year 
2014 project. 
Sec. 2306. Modification of authority to carry out certain fiscal year 2013 project. 
Sec. 2307. Extension of authorization of certain fiscal year 2011 project.
791 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2304 and available for military construction 
projects inside the United States as specified in the funding 
table in section 4601, the Secretary of the Air Force may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Arizona ..............................................
Luke Air Force Base .................................
$26,900,000 
California .........................................
Beale Air Force Base ................................
$62,000,000 
Florida ..............................................
Tyndall Air Force Base ............................
$9,100,000 
Guam .................................................
Joint Region Marianas .............................
$176,230,000 
Hawaii ..............................................
Joint Base Pearl Harbor-Hickam ...........
$4,800,000 
Kansas ...............................................
McConnell Air Force Base ........................
$219,120,000 
Kentucky ...........................................
Fort Campbell ............................................
$8,000,000 
Mariana Islands ...............................
Saipan ........................................................
$29,300,000 
Maryland ..........................................
Fort Meade .................................................
$358,000,000 
Joint Base Andrews ..................................
$30,000,000 
Missouri ............................................
Whiteman Air Force Base ........................
$5,900,000 
New Mexico .......................................
Cannon Air Force Base ............................
$34,100,000 
Holloman Air Force Base .........................
$2,250,000 
Kirtland Air Force Base ...........................
$30,500,000 
Nevada ..............................................
Nellis Air Force Base ................................
$78,500,000 
............................................................
.....................................................................
..............................
North Dakota ....................................
Minot Air Force Base ...............................
$23,830,000 
Oklahoma ..........................................
Altus Air Force Base .................................
$30,850,000 
Tinker Air Force Base ..............................
$8,600,000 
Texas .................................................
Fort Bliss ...................................................
$3,350,000 
Utah ..................................................
Hill Air Force Base ...................................
$32,000,000 
Virginia .............................................
Joint Base Langley-Eustis .......................
$4,800,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304 and available for military construc-
tion projects outside the United States as specified in the 
funding table in section 4601, the Secretary of the Air Force
792 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following 
table: 
Air Force: Outside the United States 
Country 
Installation 
Amount 
Greenland .............................
Thule AB ....................................................
$43,904,000 
United Kingdom ..................
RAF Lakenheath .......................................
$22,047,000 
SEC. 2302. FAMILY HOUSING. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2304 and available for 
military family housing functions as specified in the fund-
ing table in section 4601, the Secretary of the Air Force 
may carry out architectural and engineering services and 
construction design activities with respect to the construc-
tion or improvement of family housing units in an amount 
not to exceed $4,267,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304 and available for 
military family housing functions as specified in the fund-
ing table in section 4601, the Secretary of the Air Force 
may improve existing military family housing units in an 
amount not to exceed $72,093,000.
793 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 
FORCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2013, for military construction, 
land acquisition, and military family housing functions of 
the Department of the Air Force, as specified in the funding 
table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized 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 2301 of this Act 
and the project described in paragraph (2) of this subsection 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under subsection (a), as specified in the fund-
ing table in section 4601. 
(2) $69,000,000 (the balance of the amount au-
thorized under section 2301(a) of the Military Con-
struction Authorization Act for Fiscal Year 2012 (di-
vision B of Public Law 112–81; 125 Stat. 1670) for 
the United States Strategic Command Headquarters 
at Offutt Air Force Base, Nebraska).
794 
SEC. 2305. LIMITATION ON PROJECT AUTHORIZATION TO 
CARRY 
OUT 
CERTAIN 
FISCAL 
YEAR 
2014 
PROJECT. 
No amounts may be obligated or expended for the con-
struction of a maintenance facility, a hazardous cargo pad, 
or an airport storage facility in the Commonwealth of the 
Northern Mariana Islands, as authorized by section 
2301(a), until the Secretary of the Air Force submits a re-
port to the congressional defense committees that provides— 
(1) a summary of alternatives considered to sup-
port divert-field operations associated with Andersen 
Air Force Base; 
(2) a description of the overall construction re-
quirements to support divert-field operations associ-
ated with Andersen Air Force Base and any other al-
ternative considered; and 
(3) a comparison of the costs and benefits of leas-
ing, as compared to purchasing real estate in fee, that 
supports the entirety of the divert-field requirement. 
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2013 PROJECT. 
The table in section 2301(b) of the Military Construc-
tion Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112–239; 126 Stat. 2126) is amended in the 
item relating to Andersen Air Force Base, Guam, for con-
795 
struction of a hangar by striking ‘‘$58,000,000’’ in the 
amount column and inserting ‘‘$128,000,000’’. 
SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN 
FISCAL YEAR 2011 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2002 of the 
Military Construction Authorization Act for Fiscal Year 
2011 (division B of Public Law 111–383; 124 Stat. 4436), 
the authorization set forth in the table in subsection (b), 
as provided in section 2301 of that Act (124 Stat. 4444), 
shall remain in effect until October 1, 2014, or the date 
of the enactment of an Act authorizing funds for military 
construction for fiscal year 2015, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is 
as follows: 
Air Force: Extension of 2011 Project Authorization 
State 
Installation or Lo-
cation 
Project 
Amount 
Bahrain ..................
Southwest Asia .............
North Apron Expansion .............
$45,000,000 
TITLE 
XXIV—DEFENSE 
AGEN-
CIES 
MILITARY 
CONSTRUC-
TION 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2402. Authorized energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construc-
tion, defense-wide.
796 
Subtitle A—Defense Agency 
Authorizations 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2403 and available for military construction 
projects inside the United States as specified in the funding 
table in section 4601, the Secretary of Defense may acquire 
real property and carry out military construction projects 
for the installations or locations inside the United States, 
and in the amounts, set forth in the following table: 
Defense Agencies: Inside the United States 
State 
Installation or Location 
Amount 
Alaska .............................................
Clear Air Force Base ...................................
$17,204,000 
Fort Greely ...................................................
$82,000,000 
California .......................................
Brawley .........................................................
$23,095,000 
Defense Distribution Depot-Tracy ..............
$37,554,000 
Miramar .......................................................
$6,000,000 
Colorado ..........................................
Fort Carson ..................................................
$22,282,000 
Florida ............................................
Hurlburt Field .............................................
$7,900,000 
Jacksonville ..................................................
$7,500,000 
Key West .......................................................
$3,600,000 
Panama City ................................................
$2,600,000 
Tyndall Air Force Base ...............................
$9,500,000 
Georgia ...........................................
Fort Benning ................................................
$43,335,000 
Fort Stewart .................................................
$44,504,000 
Hunter Army Airfield .................................
$13,500,000 
Moody Air Force Base .................................
$3,800,000 
Hawaii ...........................................
Ford Island ...................................................
$2,615,000 
Joint Base Pearl Harbor-Hickam ..............
$2,800,000 
Kentucky .........................................
Fort Campbell ..............................................
$124,211,000 
Fort Knox .....................................................
$303,023,000 
Maryland ........................................
Aberdeen Proving Ground ...........................
$210,000,000 
Bethesda Naval Hospital .............................
$66,800,000 
Massachusetts .................................
Hanscom Air Force Base ............................
$36,213,000 
New Jersey .....................................
Joint Base Mcguire-Dix-Lakehurst ............
$10,000,000 
New Mexico ....................................
Holloman Air Force Base ...........................
$81,400,000 
North Carolina ...............................
Camp Lejeune ...............................................
$43,377,000 
Fort Bragg ....................................................
$172,065,000 
North Dakota .................................
Minot Air Force Base ..................................
$6,400,000 
Oklahoma .......................................
Altus Air Force Base ...................................
$2,100,000 
Tinker Air Force Base .................................
$36,000,000 
Pennsylvania .................................
Defense Distribution Depot New Cum-
berland ......................................................
$9,000,000 
South Carolina ..............................
Beaufort ........................................................
$41,324,000
797 
Defense Agencies: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Tennessee ........................................
Arnold Air Force Base ................................
$2,200,000 
Texas ...............................................
Joint Base San Antonio ..............................
$12,600,000 
Virginia ..........................................
Dam Neck .....................................................
$11,147,000 
Defense Distribution Depot Richmond .......
$87,000,000 
Joint Expeditionary Base Little Creek - 
Story .........................................................
$30,404,000 
Pentagon .......................................................
$57,600,000 
Quantico .......................................................
$40,586,000 
Washington .....................................
Whidbey Island ............................................
$10,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2403 and available for military construc-
tion projects outside the United States as specified in the 
funding table in section 4601, the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations outside the United 
States, and in the amounts, set forth in the following table: 
Defense Agencies: Outside the United States 
Country 
Installation or Location 
Amount 
Bahrain Island ...............
Southwest Asia ............................................................
$45,400,000 
Belgium ...........................
Brussels ........................................................................
$67,613,000 
Germany .........................
Kaiserlautern Air Base ...............................................
$49,907,000 
Ramstein Air Base ......................................................
$98,762,000 
Weisbaden ....................................................................
$109,655,000 
Japan ..............................
Atsugi ...........................................................................
$4,100,000 
Iwakuni ........................................................................
$34,000,000 
Kadena Air Base .........................................................
$38,792,000 
Kyoga-Misaki ...............................................................
$15,000,000 
Torri Commo Station .................................................
$71,451,000 
Yokosuka .......................................................................
$10,600,000 
Korea ...............................
Camp Walker ...............................................................
$52,164,000 
United Kingdom .............
Royal Air Force Lakenheath ......................................
$69,638,000 
Royal Air Force Mildenhall .......................................
$84,629,000 
SEC. 
2402. 
AUTHORIZED 
ENERGY 
CONSERVATION 
PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
798 
in section 2403 and available for energy conservation 
projects inside the United States as specified in the funding 
table in section 4601, the Secretary of Defense may carry 
out energy conservation projects under chapter 173 of title 
10, United States Code, for the installations or locations 
inside the United States, and in the amounts, set forth in 
the following table: 
Energy Conservation Projects: Inside the United States 
State 
Installation or Location 
Amount 
Alabama .................................
Anniston Army Depot ......................
$2,700,000 
California ...............................
MCAS Miramar ................................
$17,968,000 
Parks DRTA .....................................
$4,150,000 
Florida ....................................
NAS Jacksonville ..............................
$2,840,000 
Hawaii ...................................
Camp Smith ......................................
$7,966,000 
Hickam ..............................................
$3,100,000 
Hickam ..............................................
$3,000,000 
Idaho .......................................
Mountain Home ................................
$2,630,000 
Kansas ....................................
Tokepka Readiness Center ................
$2,050,000 
Massachusetts .........................
Devens ................................................
$2,600,000 
New York ................................
US Military Academy ......................
$3,200,000 
South Carolina ......................
Shaw ..................................................
$2,500,000 
Texas .......................................
NAS Corpus Christi .........................
$2,340,000 
Sheppard ...........................................
$3,779,000 
Laughlin ............................................
$2,800,000 
Utah ........................................
Dugway Proving Ground .................
$9,966,000 
Tooele Army Depot ...........................
$5,900,000 
Tooele Army Depot ...........................
$5,500,000 
Tooele Army Depot ...........................
$4,300,000 
Virginia ..................................
NSA Hampton Roads .......................
$4,060,000 
Pentagon ............................................
$2,120,000 
Various Locations ..................
Various Locations .............................
$20,476,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2403 and available for energy conservation 
projects outside the United States as specified in the fund-
ing table in section 4601, the Secretary of Defense may 
carry out energy conservation projects under chapter 173 
of title 10, United States Code, for the installations or loca-
799 
tions outside the United States, and in the amounts, set 
forth in the following table: 
Energy Conservation Projects: Outside the United States 
Country 
Installation or Location 
Amount 
Germany .................................
Ramstein ...........................................
$2,140,000 
Greenland ...............................
Thule ..................................................
$5,175,000 
Italy ........................................
NAS Sigonella ...................................
$3,300,000 
Japan .....................................
CFA Sasebo .......................................
$14,766,000 
Yokota ................................................
$5,674,000 
Various Locations ..................
Various Locations .............................
$3,000,000 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 
AGENCIES. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2013, for military construction, 
land acquisition, and military family housing functions of 
the Department of Defense (other than the military depart-
ments), as specified in the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized 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 2401 of this Act 
and the projects described in paragraphs (2) through (11) 
of this subsection may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under subsection (a), as specified in the fund-
ing table in section 4601.
800 
(2) $190,000,000 (the balance of the amount au-
thorized under section 2401(a) for an Ambulatory 
Care Center at Fort Knox, Kentucky). 
(3) $135,000,000 (the balance of the amount au-
thorized under section 2401(a) for a Public Health 
Command, Aberdeen Proving Ground, Maryland). 
(4) $45,600,000 (the balance of the amount au-
thorized under section 2401(a) of the Military Con-
struction Authorization Act for Fiscal Year 2013 (di-
vision B of Public Law 112–239; 126 Stat. 2128) for 
NSAW Recapitalize Building #1 at Fort Meade, 
Maryland). 
(5) $20,800,000 (the balance of the amount au-
thorized under section 2401(b) of the Military Con-
struction Authorization Act for Fiscal Year 2013 (di-
vision B of Public Law 112–239; 126 Stat. 2129) for 
the Aegis Ashore Missile Defense System Complex at 
Deveselu, Romania). 
(6) $175,639,000 (the balance of the amount au-
thorized under section 2401(a) of the Military Con-
struction Authorization Act for Fiscal Year 2012 (di-
vision B of Public Law 112–81; 125 Stat. 1672) for 
a data center at Fort Meade, Maryland). 
(7) $11,500,000 (the balance of the amount au-
thorized under section 2401(a) of the Military Con-
801 
struction Authorization Act for Fiscal Year 2012 (di-
vision B of Public Law 112–81; 125 Stat. 1672) for 
an Ambulatory Care Center Phase III at Joint Base 
Andrews, Maryland). 
(8) $134,900,000 (the balance of the amount au-
thorized under section 2401(a) of the Military Con-
struction Authorization Act for Fiscal Year 2012 (di-
vision B of Public Law 112–81; 125 Stat. 1672) for 
an Ambulatory Care Center Phase III at Joint Base 
San Antonio, Texas). 
(9) $715,863,000 (the balance of the amount au-
thorized under section 2401(b) of the Military Con-
struction Authorization Act for Fiscal Year 2012 (di-
vision B of Public Law 112–81; 125 Stat. 1673) for 
a hospital at the Rhine Ordnance Barracks, Ger-
many). 
(10) $412,869,000 (the balance of the amount 
authorized under section 2401(a) of the Military Con-
struction Authorization Act for Fiscal Year 2010 (di-
vision B of Public Law 111–84; 123 Stat. 2640) for 
a hospital at Fort Bliss, Texas). 
(11) $41,913,000 (the balance of the amount au-
thorized as a Military Construction, Defense-Wide 
project by title X of the Supplemental Appropriations
802 
Act, 2009 (Public Law 111–32; 123 Stat. 1888) for 
a data center at Camp Williams, Utah). 
Subtitle B—Chemical 
Demilitarization Authorizations 
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM-
ICAL 
DEMILITARIZATION 
CONSTRUCTION, 
DEFENSE-WIDE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2013, for military construction 
and land acquisition for chemical demilitarization, as spec-
ified in the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized 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 subsection (a) and the 
project described in paragraph (2) of this subsection may 
not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under subsection (a), as specified in the fund-
ing table in section 4601. 
(2) $36,433,000 (the balance of the amount au-
thorized for ammunition demilitarization at Blue 
Grass Army Depot, Kentucky, by section 2401(a) of
803 
the Military Construction Authorization Act for Fis-
cal Year 2000 (division B of Public Law 106–65; 113 
Stat. 835), as most recently amended by section 2412 
of the Military Construction Authorization Act for 
Fiscal Year 2011 (division B Public Law 111–383; 
124 Stat. 4450). 
TITLE 
XXV—NORTH 
ATLANTIC 
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of Defense may make contributions for 
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10, 
United States Code, in an amount not to exceed the sum 
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the 
North Atlantic Treaty Organization as a result of construc-
tion previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2013, for contribu-
tions by the Secretary of Defense under section 2806 of title
804 
10, United States Code, for the share of the United States 
of the cost of projects for the North Atlantic Treaty Organi-
zation Security Investment Program authorized by section 
2501 as specified in the funding table in section 4601. 
TITLE XXVI—GUARD AND 
RESERVE FORCES FACILITIES 
Subtitle A—Project Authorizations and Authorization of Appropriations 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition 
projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Subtitle B—Other Matters 
Sec. 2611. Modification of authority to carry out certain fiscal year 2013 project. 
Sec. 2612. Extension of authorizations of certain fiscal year 2011 projects. 
Subtitle A—Project Authorizations 
and Authorization of Appropria-
tions 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON-
STRUCTION 
AND 
LAND 
ACQUISITION 
PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606 and available for 
the National Guard and Reserve as specified in the funding 
table in section 4601, the Secretary of the Army may ac-
quire real property and carry out military construction
805 
projects for the Army National Guard locations inside the 
United States, and in the amounts, set forth in the following 
table: 
Army National Guard: Inside the United States 
State 
Location 
Amount 
Alabama ............................
Decatur ..........................................................................
$4,000,000 
Arkansas ............................
Fort Chaffee ...................................................................
$21,000,000 
Florida ...............................
Pinellas Park .................................................................
$5,700,000 
Illinois ...............................
Kankakee ........................................................................
$42,000,000 
Massachusetts ....................
Camp Edwards .............................................................
$19,000,000 
Michigan ............................
Camp Grayling .............................................................
$17,000,000 
Minnesota ..........................
Stillwater .......................................................................
$17,000,000 
Mississippi ........................
Camp Shelby .................................................................
$3,000,000 
.............................................
Pascagoula .....................................................................
$4,500,000 
Missouri .............................
Macon .............................................................................
$9,100,000 
Whiteman AFB .............................................................
$5,000,000 
New York ...........................
New York .......................................................................
$31,000,000 
Ohio ...................................
Ravenna Army Ammunition Plant ............................
$5,200,000 
Pennsylvania ....................
Fort Indiantown Gap ...................................................
$40,000,000 
Puerto Rico .......................
Camp Santiago .............................................................
$5,600,000 
South Carolina .................
Greenville .......................................................................
$26,000,000 
Texas ..................................
Fort Worth .....................................................................
$14,270,000 
Wyoming ...........................
Afton ...............................................................................
$10,200,000 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 
AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606 and available for 
the National Guard and Reserve as specified in the funding 
table in section 4601, the Secretary of the Army may ac-
quire real property and carry out military construction 
projects for the Army Reserve locations inside the United 
States, and in the amounts, set forth in the following table: 
Army Reserve 
State 
Location 
Amount 
California ................................
Camp Parks ............................................................
$17,500,000 
Fort Hunter Liggett ...............................................
$16,500,000 
Maryland .................................
Bowie .......................................................................
$25,500,000 
North Carolina ........................
Fort Bragg ...............................................................
$24,500,000 
New Jersey ...............................
Joint Base McGuire-Dix-Lakehurst ......................
$36,200,000 
New York .................................
Bullville ...................................................................
$14,500,000 
Wisconsin .................................
Fort McCoy .............................................................
$23,400,000
807 
Air National Guard 
State 
Location 
Amount 
Alabama ....................................
Birmingham International Airport ....................
$8,500,000 
Indiana ......................................
Hulman Regional Airport ....................................
$7,300,000 
Maryland .................................
Fort Meade .............................................................
$4,000,000 
Martin State Airport ............................................
$8,000,000 
Montana ....................................
Great Falls International Airport .......................
$22,000,000 
New York ...................................
Fort Drum .............................................................
$4,700,000 
Ohio ...........................................
Springfield Beckley-Map ......................................
$7,200,000 
Pennsylvania ............................
Fort Indiantown Gap ...........................................
$7,700,000 
Rhode Island .............................
Quonset State Airport ..........................................
$6,000,000 
Tennessee ...................................
Mcghee-Tyson Airport ...........................................
$18,000,000 
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606 and available for 
the National Guard and Reserve as specified in the funding 
table in section 4601, the Secretary of the Air Force may 
acquire real property and carry out military construction 
projects for the Air Force Reserve locations inside the 
United States, and in the amounts, set forth in the following 
table: 
Air Force Reserve 
State 
Location 
Amount 
California .................................
March Air Force Base ...........................................
$19,900,000 
Florida ......................................
Homestead Air Reserve Base .................................
$9,800,000 
Oklahoma .................................
Tinker Air Force Base ...........................................
$12,200,000 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA-
TIONAL GUARD AND RESERVE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2013, for the costs of acquisition, 
architectural and engineering services, and construction of
808 
facilities for the Guard and Reserve Forces, and for con-
tributions therefor, under chapter 1803 of title 10, United 
States Code (including the cost of acquisition of land for 
those facilities), as specified in the funding table in section 
4601. 
(b) 
LIMITATION
ON
COMMENCING
CERTAIN 
PROJECTS.—No amounts may be obligated or expended for 
the projects associated with the 175th Network Warfare 
Squadron Facility at Fort Meade, Maryland, or the Cyber/ 
ISR Facility at Martin State Airport, Maryland, as au-
thorized by section 2604, until the date on which the Com-
mander of the United States Cyber Command certifies to 
the congressional defense committees, and provides adequate 
supporting documentation, that— 
(1) the scope of the military construction projects 
referred to in this subsection is consistent with the or-
ganizational manning construct being developed by 
the United States Cyber Command; 
(2) units operating within such facilities will be 
trained to the readiness standards set by the Armed 
Force concerned and the United States Cyber Com-
mand for the missions to which these units will be as-
signed;
809 
(3) plans for proper mitigation measures will be 
implemented to prevent inadvertent disclosure of clas-
sified information; and 
(4) rules exist or will be developed to control ac-
cess to classified systems operating pursuant to au-
thorities under title 10, United States Code, when op-
erations are conducted pursuant to authorities under 
title 32, United States Code. 
Subtitle B—Other Matters 
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2013 PROJECT. 
In the case of the authorization contained in the table 
in section 2603 of the Military Construction Authorization 
Act for Fiscal Year 2013 (division B of Public Law 112– 
239; 126 Stat. 2135) for Fort Des Moines, Iowa, for con-
struction of a Joint Reserve Center at that location, the Sec-
retary of the Navy may, instead of constructing a new facil-
ity at Camp Dodge, acquire up to approximately 20 acres 
to construct a Joint Reserve Center and associated sup-
porting facilities in the greater Des Moines, Iowa, area 
using amounts appropriated for the project pursuant to the 
authorization of appropriations in section 2606 of such Act 
(126 Stat. 2136).
810 
SEC. 2612. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2011 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the 
Military Construction Authorization Act for Fiscal Year 
2011 (division B of Public Law 111–383; 124 Stat. 4436), 
the authorizations set forth in the table in subsection (b), 
as provided in sections 2601, 2602, and 2604 of that Act 
(124 Stat. 4452, 4453, 4454), shall remain in effect until 
October 1, 2014, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 
2015, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is 
as follows: 
Extension of 2011 National Guard and Reserve Project Authorizations 
State 
Installation or Lo-
cation 
Project 
Amount 
Puerto Rice ........................
Camp Santiago ................
Multi Purpose Machine 
Gun Range ...................
$9,200,000 
Tennessee ...........................
Nashville International 
Airport ..........................
Intelligence Group and 
Remotely Piloted Air-
craft Remote Split Op-
erations Group .............
$5,500,000 
Virginia .............................
Fort Story .........................
Army Reserve Center .......
$11,000,000 
TITLE 
XXVII—BASE 
REALIGN-
MENT AND CLOSURE ACTIVI-
TIES 
Subtitle A—Authorization of Appropriations 
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure Ac-
count.
811 
Subtitle B—Other Matters 
Sec. 2711. Prohibition on conducting additional Base Realignment and Closure 
(BRAC) round. 
Sec. 2712. Elimination of quarterly certification requirement regarding avail-
ability of military health care in National Capital Region. 
Sec. 2713. Report on 2005 base closure and realignment joint basing initiative. 
Subtitle A—Authorization of 
Appropriations 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 
REALIGNMENT 
AND 
CLOSURE 
ACTIVITIES 
FUNDED THROUGH DEPARTMENT OF DE-
FENSE BASE CLOSURE ACCOUNT. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2013, for base re-
alignment and closure activities, including real property 
acquisition and military construction projects, as author-
ized by the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) and funded through the Department of 
Defense Base Closure Account established by section 2906 
of such Act (as amended by section 2711 of the Military 
Construction Authorization Act for Fiscal Year 2013 (divi-
sion B of Public Law 112–239; 126 Stat. 2140)), as speci-
fied in the funding table in section 4601.
812 
Subtitle B—Other Matters 
SEC. 2711. PROHIBITION ON CONDUCTING ADDITIONAL 
BASE REALIGNMENT AND CLOSURE (BRAC) 
ROUND. 
Nothing in this Act shall be construed to authorize an 
additional Base Realignment and Closure (BRAC) round. 
SEC. 2712. ELIMINATION OF QUARTERLY CERTIFICATION 
REQUIREMENT REGARDING AVAILABILITY OF 
MILITARY HEALTH CARE IN NATIONAL CAP-
ITAL REGION. 
Section 1674(c) of the Wounded Warrior Act (title XVI 
of Public Law 110–181; 122 Stat. 483) is amended by strik-
ing ‘‘on a quarterly basis’’. 
SEC. 2713. REPORT ON 2005 BASE CLOSURE AND REALIGN-
MENT JOINT BASING INITIATIVE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall 
submit to the congressional defense committees a report on 
the 2005 base closure and realignment joint basing initia-
tive. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following elements: 
(1) An analysis and explanation of the costs nec-
essary to implement the joint basing initiative.
813 
(2) An analysis and explanation of any savings 
achieved to date and planned in future years, includ-
ing quantifiable goals and a timeline for meeting such 
goals. 
(3) A description of implementation challenges 
and other lessons learned. 
(4) An assessment of any additional savings that 
could be achieved through more rigorous management 
and streamlined administration of joint bases. 
(5) Any other matters the Under Secretary con-
siders appropriate. 
TITLE 
XXVIII—MILITARY 
CON-
STRUCTION GENERAL PROVI-
SIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Modification and extension of authority to utilize unspecified minor 
military construction authority for laboratory revitalization 
projects. 
Sec. 2802. Repeal of separate authority to enter into limited partnerships with 
private developers of housing. 
Sec. 2803. Military construction standards to improve force protection. 
Sec. 2804. Application of cash payments received for utilities and services. 
Sec. 2805. Repeal of advance notification requirement for use of military housing 
investment authority. 
Sec. 2806. Additional element for annual report on military housing privatiza-
tion projects. 
Sec. 2807. Policies and requirements regarding overseas military construction 
and closure and realignment of United States military installa-
tions in foreign countries. 
Sec. 2808. Extension and modification of temporary, limited authority to use op-
eration and maintenance funds for construction projects in cer-
tain areas outside the United States. 
Sec. 2809. Limitation on construction projects in European Command area of re-
sponsibility.
814 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Development of master plans for major military installations. 
Sec. 2812. Authority for acceptance of funds to cover administrative expenses as-
sociated with real property leases and easements. 
Sec. 2813. Modification of authority to enter into long-term contracts for receipt 
of utility services as consideration for utility systems convey-
ances. 
Sec. 2814. Report on efficient utilization of Department of Defense real property. 
Sec. 2815. Conditions on Department of Defense expansion of Pin˜on Canyon Ma-
neuver Site, Fort Carson, Colorado. 
Subtitle C—Provisions Related to Asia-Pacific Military Realignment 
Sec. 2821.
Change from previous calendar year to previous fiscal year for period 
covered by annual report of Interagency Coordination Group of 
Inspectors General for Guam Realignment. 
Sec. 2822. Realignment of Marines Corps forces in Asia-Pacific Region. 
Subtitle D—Land Conveyances 
Sec. 2831. Real property acquisition, Naval Base Ventura County, California. 
Sec. 2832. Land conveyance, former Oxnard Air Force Base, Ventura County, 
California. 
Sec. 2833. Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii. 
Sec. 2834. Land conveyance, Philadelphia Naval Shipyard, Philadelphia, Penn-
sylvania. 
Sec. 2835. Land conveyance, Camp Williams, Utah. 
Sec. 2836. Conveyance, Air National Guard radar site, Francis Peak, Wasatch 
Mountains, Utah. 
Sec. 2837. Land conveyances, former United States Army Reserve Centers, Con-
necticut, New Hampshire, and Pennsylvania. 
Subtitle E—Other Matters 
Sec. 2841. Repeal of annual Economic Adjustment Committee reporting require-
ment. 
Sec. 2842. Establishment of military divers memorial.
815 
Subtitle A—Military Construction 
Program and Military Family 
Housing Changes 
SEC. 2801. MODIFICATION AND EXTENSION OF AUTHORITY 
TO UTILIZE UNSPECIFIED MINOR MILITARY 
CONSTRUCTION AUTHORITY FOR LABORA-
TORY REVITALIZATION PROJECTS. 
(a) MODIFICATION AND EXTENSION OF AUTHORITY.— 
Section 2805(d) of title 10, United States Code, is amend-
ed— 
(1) in paragraph (1)(A), by striking ‘‘not more 
than $2,000,000’’ and inserting ‘‘not more than 
$4,000,000, notwithstanding subsection (c)’’; 
(2) in paragraph (2), by striking the first sen-
tence and inserting the following: ‘‘For purposes of 
this subsection, an unspecified minor military con-
struction project is a military construction project 
that (notwithstanding subsection (a)) has an ap-
proved cost equal to or less than $4,000,000.’’; and 
(3) in paragraph (5), by striking ‘‘2016’’ and in-
serting ‘‘2018’’. 
(b) NO APPLICATION TO CURRENT PROJECTS.—The 
amendments made by subsection (a) do not apply to any 
laboratory revitalization project for which the design phase
816 
has been completed as of the date of the enactment of this 
Act. 
SEC. 2802. REPEAL OF SEPARATE AUTHORITY TO ENTER 
INTO LIMITED PARTNERSHIPS WITH PRIVATE 
DEVELOPERS OF HOUSING. 
(a) REPEAL.— 
(1) IN
GENERAL.—Section 2837 of title 10, 
United States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter II of chapter 169 
of such title is amended by striking the item relating 
to section 2837. 
(b) EFFECT ON EXISTING CONTRACTS.—The repeal of 
section 2837 of title 10, United States Code, shall not affect 
the validity or terms of any contract in connection with 
a limited partnership under subsection (a) or a collateral 
incentive agreement under subsection (b) of such section en-
tered into before the date of the enactment of this Act. 
(c) EFFECT ON DEFENSE HOUSING INVESTMENT AC-
COUNT.—Any unobligated amounts remaining in the De-
fense Housing Investment Account on the date of the enact-
ment of this Act shall be transferred to the Department of 
Defense Family Housing Improvement Fund. Amounts 
transferred shall be merged with amounts in such fund and
817 
shall be available for the same purposes, and subject to the 
same conditions and limitations, as amounts in such fund. 
SEC. 2803. MILITARY CONSTRUCTION STANDARDS TO IM-
PROVE FORCE PROTECTION. 
(a) CONSIDERATION OF OTHER AVAILABLE SECURITY 
OR FORCE-PROTECTION MEASURES.—Section 2859(a)(2) of 
title 10, United States Code, is amended by striking ‘‘de-
velop construction standards designed’’ and inserting ‘‘de-
velop construction standards that, taking into consideration 
other security or force-protection measures available for the 
facility or military installation concerned, are designed’’. 
(b) REPORT ON CURRENT AND ADDITIONAL SECURITY 
SYSTEMS AND TECHNOLOGIES.— 
(1) REPORT REQUIRED.—Not later than June 1, 
2014, the Secretary of Defense shall submit to the con-
gressional defense committees a report describing and 
evaluating— 
(A) current expeditionary physical barrier 
systems; and 
(B) new systems or technologies that are 
being used for, or can be adopted for use for, 
force protection, including providing blast pro-
tection for forces supporting contingency oper-
ations.
818 
(2) ELEMENTS.—The report required by this 
subsection shall include the following: 
(A) A review of current and projected 
threats in connection with force protection, a de-
scription of any recent changes to policies on 
force protection, and an assessment of current 
planning methods on force protection, including 
standoff distances and physical barriers, to pro-
vide consistent and adequate levels of force pro-
tection. 
(B) An assessment of the use of expedi-
tionary physical barrier systems to meet the 
goals of the combatant commands for force pro-
tection and force resiliency. 
(C) A description of the specifications devel-
oped by the Department of Defense to meet re-
quirements 
for 
effectiveness, 
affordability, 
lifecycle management, and reuse or disposal of 
expeditionary physical barrier systems. 
(D) A description of the process used within 
the Department to ensure appropriate consider-
ation of the decommissioning cost, environmental 
impact, and subsequent disposal of expeditionary 
physical barrier materials in the procurement 
process for such materials.
819 
(E) An assessment of the availability of new 
technologies or designs that improve the capabili-
ties or lifecycle costs of expeditionary physical 
barrier systems. 
(3) FORMS OF REPORT.—The report required by 
this subsection shall be submitted in unclassified 
form, but may include a classified annex. 
SEC. 2804. APPLICATION OF CASH PAYMENTS RECEIVED 
FOR UTILITIES AND SERVICES. 
Section 2872a(c)(2) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘under paragraph (1) shall be’’ 
and all that follows through ‘‘was paid.’’ and insert-
ing the following: ‘‘under paragraph (1) as reimburse-
ment for the cost of furnishing utilities or services 
shall— 
‘‘(A) in the case of a cost paid using funds ap-
propriated or otherwise made available before October 
1, 2014, be credited to the appropriation or working 
capital account from which the cost of furnishing util-
ities or services concerned was paid; or 
‘‘(B) in the case of a cost paid using funds ap-
propriated or otherwise made available on or after 
October 1, 2014, be credited to the appropriation or 
working capital account currently available for the
820 
purpose of furnishing utilities or services under sub-
section (a).’’; and 
(2) by striking ‘‘Amounts so credited’’ and in-
serting the following: 
‘‘(3) Amounts credited under paragraph (2)’’. 
SEC. 2805. REPEAL OF ADVANCE NOTIFICATION REQUIRE-
MENT FOR USE OF MILITARY HOUSING IN-
VESTMENT AUTHORITY. 
Section 2875 of title 10, United States Code, is amend-
ed by striking subsection (e). 
SEC. 2806. ADDITIONAL ELEMENT FOR ANNUAL REPORT ON 
MILITARY 
HOUSING 
PRIVATIZATION 
PROJECTS. 
Section 2884(c)(3) of title 10, United States Code, is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, to specifically include any unique variances asso-
ciated with litigation costs’’. 
SEC. 2807. POLICIES AND REQUIREMENTS REGARDING 
OVERSEAS MILITARY CONSTRUCTION AND 
CLOSURE AND REALIGNMENT OF UNITED 
STATES MILITARY INSTALLATIONS IN FOR-
EIGN COUNTRIES. 
(a) OVERSEAS BASE CLOSURES AND REALIGNMENTS 
AND BASING MASTER PLANS.—Section 2687a of title 10, 
United States Code, is amended to read as follows:
821 
‘‘§ 2687a. Overseas base closures and realignments 
and basing master plans 
‘‘(a) ANNUAL REPORT ON STATUS OF OVERSEAS CLO-
SURES AND REALIGNMENTS AND MASTER PLANS.—(1) At 
the same time that the budget is submitted under section 
1105(a) of title 31 for a fiscal year, the Secretary of Defense 
shall submit to the congressional defense committees and the 
Committee on Foreign Relations of the Senate and the Com-
mittee on Foreign Affairs of the House of Representatives 
a report on— 
‘‘(A) the status of overseas base closure and re-
alignment actions undertaken as part of a global de-
fense posture realignment strategy; and 
‘‘(B) the status of development and execution of 
comprehensive master plans for overseas military 
main operating bases, forward operating sites, and 
cooperative security locations. 
‘‘(2) A report under paragraph (1) shall address the 
following: 
‘‘(A) How the master plans described in para-
graph (1)(B) would support the security commitments 
undertaken by the United States pursuant to any 
international security treaty. 
‘‘(B) The impact of such plans on the current se-
curity environments in the combatant commands, in-
cluding United States participation in theater secu-
822 
rity cooperation activities and bilateral partnership, 
exchanges, and training exercises. 
‘‘(C) Any comments of the Secretary of Defense 
resulting from an interagency review of these plans 
that includes the Department of State and other Fed-
eral departments and agencies that the Secretary of 
Defense considers necessary for national security. 
‘‘(b) DEPARTMENT OF DEFENSE OVERSEAS MILITARY 
FACILITY INVESTMENT RECOVERY ACCOUNT.—(1) Except 
as provided in subsection (c), amounts paid to the United 
States, pursuant to any treaty, status of forces agreement, 
or other international agreement to which the United States 
is a party, for the residual value of real property or im-
provements to real property used by civilian or military 
personnel of the Department of Defense shall be deposited 
into the Department of Defense Overseas Military Facility 
Investment Recovery Account. 
‘‘(2) Money deposited in the Department of Defense 
Overseas Military Facility Investment Recovery Account 
shall be available to the Secretary of Defense for payment, 
as provided in appropriation Acts, of costs incurred by the 
Department of Defense in connection with— 
‘‘(A) military construction, facility maintenance 
and repair, and environmental restoration at mili-
tary installations in the United States; and
823 
‘‘(B) military construction, facility maintenance 
and repair, and compliance with applicable environ-
mental laws at military installations outside the 
United States at which the Secretary anticipates the 
United States will have an enduring presence. 
‘‘(3) Funds in the Department of Defense Overseas Fa-
cility Investment Recovery Account shall remain available 
until expended. 
‘‘(4) Not later than December 1 of each year, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report detailing all expenditures made from 
the Department of Defense Overseas Facility Investment 
Recovery Account during the preceding fiscal year. 
‘‘(c) TREATMENT OF AMOUNTS CORRESPONDING TO 
THE
VALUE
OF
PROPERTY
PURCHASED
WITH
NON-
APPROPRIATED FUNDS.—In the case of a payment referred 
to in subsection (b)(1) for the residual value of real property 
or improvements at an overseas military facility, the por-
tion of the payment that is equal to the depreciated value 
of the investment made with nonappropriated funds shall 
be deposited in the reserve account established under section 
204(b)(7)(C) of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100–526; 
10 U.S.C. 2687 note). The Secretary of Defense may use 
amounts in the account (in such an aggregate amount as
824 
is provided in advance by appropriation Acts) for the pur-
pose of acquiring, constructing, or improving commissary 
stores and nonappropriated fund instrumentalities. 
‘‘(d) OMB REVIEW OF PROPOSED OVERSEAS BASING 
SETTLEMENTS.—(1) The Secretary of Defense may not 
enter into an agreement of settlement with a host country 
regarding the release to the host country of improvements 
made by the United States to facilities at an installation 
located in the host country until 30 days after the date on 
which the Secretary submits the proposed settlement to the 
Director of the Office of Management and Budget. The pro-
hibition set forth in the preceding sentence shall apply only 
to agreements of settlement for improvements having a 
value in excess of $10,000,000. The Director shall evaluate 
the overall equity of the proposed settlement. In evaluating 
the proposed settlement, the Director shall consider such fac-
tors as the extent of the United States capital investment 
in the improvements being released to the host country, the 
depreciation of the improvements, the condition of the im-
provements, and any applicable requirements for environ-
mental remediation or restoration at the installation. 
‘‘(2) Each year, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives a report on each proposed agree-
ment of settlement that was not submitted by the Secretary
825 
to the Director of the Office of Management and Budget in 
the previous year under paragraph (1) because the value 
of the improvements to be released pursuant to the proposed 
agreement did not exceed $10,000,000. 
‘‘(e) CONGRESSIONAL OVERSIGHT OF USE OF PAY-
MENTS-IN-KIND FOR CONSTRUCTION OR OPERATIONS.—(1) 
Before concluding an agreement for acceptance of military 
construction or facility improvements as a payment-in- 
kind, the Secretary of Defense shall submit to the congres-
sional defense committees a notification on the proposed 
agreement. Any such notification shall contain the fol-
lowing: 
‘‘(A) A description of the military construction 
project or facility improvement project. 
‘‘(B) An explanation of the military requirement 
to be satisfied with the project. 
‘‘(C) A certification that the project is included 
in the current future-years defense program. 
‘‘(2) Before concluding an agreement for acceptance of 
host nation support or host nation payment of operating 
costs of United States forces as a payment-in-kind, the Sec-
retary of Defense shall submit to the congressional defense 
committees a notification on the proposed agreement. Any 
such notification shall contain the following:
826 
‘‘(A) A description of each activity to be covered 
by the payment-in-kind. 
‘‘(B) A certification that the costs to be covered 
by the payment-in-kind are included in the budget of 
one or more of the military departments or that it 
will otherwise be necessary to provide for payment of 
such costs in a budget of one or more of the military 
departments in the current or the next fiscal year. 
‘‘(3) When the Secretary of Defense submits a notifica-
tion of a proposed agreement under paragraph (1) or (2), 
the Secretary may then enter into the agreement described 
in the notification only after the end of the 30-day period 
beginning on the date on which the notification is submitted 
or, if earlier, the end of the 14-day period beginning on 
the date on which a copy of the notification is provided 
in an electronic medium pursuant to section 480 of this 
title. 
‘‘(f) AUTHORIZED USE OF PAYMENTS-IN-KIND.—(1) A 
military construction project, as defined in chapter 159 of 
this title, may be accepted as a payment-in-kind contribu-
tion pursuant to a bilateral agreement with a host country 
only if that military construction project is authorized by 
law. 
‘‘(2) Operations of United States forces may be funded 
through a payment-in-kind contribution under this section
827 
only if the costs covered by such payment are included in 
the budget justification documents for the Department of 
Defense submitted to Congress in connection with the budget 
submitted under 1105 of title 31. 
‘‘(3) If funds previously appropriated for a military 
construction project, facility improvement, or operating 
costs are subsequently addressed in an agreement for a pay-
ment-in-kind contribution, the Secretary of Defense shall re-
turn to the Treasury funds in the amount equal to the value 
of the appropriated funds. 
‘‘(4) This subsection does not apply to a military con-
struction project that— 
‘‘(A) was specified in a bilateral agreement with 
a host country that was entered into prior to the date 
of the enactment of the Military Construction Author-
ization Act for Fiscal Year 2014; 
‘‘(B) was accepted as payment-in-kind for the re-
sidual value of improvements made by the United 
States at military installations released to the host 
country under section 2921 of the Military Construc-
tion Authorization Act for Fiscal Year 1991 (division 
B of Public Law 101–510; 10 U.S.C. 2687 note) prior 
to the date of the enactment of the Military Construc-
tion Authorization Act for Fiscal Year 2014; or
828 
‘‘(C) subject to paragraph (5), will cost less than 
the cost specified in subsection (a)(2) of section 2805 
of this title for certain unspecified minor military 
construction projects. 
‘‘(5) In the case of a military construction project ex-
cluded pursuant to paragraph (4)(C) whose cost will exceed 
the cost specified in subsection (b) of section 2805 of this 
title for certain unspecified minor military construction 
projects, the congressional notification requirements and 
waiting period specified in paragraph (2) of such subsection 
shall apply. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘fair market value of the improve-
ments’ means the value of improvements determined 
by the Secretary of Defense on the basis of their high-
est use. 
‘‘(2) The term ‘improvements’ includes new con-
struction of facilities and all additions, improve-
ments, modifications, or renovations made to existing 
facilities or to real property, without regard to wheth-
er they were carried out with appropriated or non-
appropriated funds. 
‘‘(3) The term ‘nonappropriated funds’ means 
funds received from—
829 
‘‘(A) the adjustment of, or surcharge on, 
selling prices at commissary stores fixed under 
section 2685 of this title; or 
‘‘(B) a nonappropriated fund instrumen-
tality. 
‘‘(4) The term ‘nonappropriated fund instrumen-
tality’ means an instrumentality of the United States 
under the jurisdiction of the armed forces (including 
the Army and Air Force Exchange Service, the Navy 
Resale and Services Support Office, and the Marine 
Corps exchanges) which is conducted for the comfort, 
pleasure, contentment, or physical or mental improve-
ment of members of the armed forces.’’. 
(b) REPEAL OF SUPERSEDED PROVISIONS RELATED 
TO OVERSEAS BASE CLOSURES AND REALIGNMENTS .— 
(1) REPEAL; RETENTION
OF
SENSE
OF
CON-
GRESS.—Section 2921 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2687 note) is amended— 
(A) by striking ‘‘(a) SENSE
OF
CON-
GRESS.—’’; and 
(B) by striking subsections (b) through (g). 
(2) TREATMENT OF SPECIAL ACCOUNT.—The re-
peal of subsection (c) of section 2921 of the National 
Defense Authorization Act for Fiscal Year 1991 by
830 
paragraph (1)(B) shall not affect the Department of 
Defense Overseas Military Facility Investment Recov-
ery Account established by such subsection, amounts 
in such account, or the continued use of such account 
as provided in section 2687a of title 10, United States 
Code, as amended by subsection (a) of this section. 
(c) REQUIREMENTS RELATED TO PAYMENT-IN-KIND 
CONTRIBUTIONS PURSUANT TO BILATERAL AGREEMENTS 
WITH HOST COUNTRIES.—Section 2802 of title 10, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(d)(1) The requirement under subsection (a) that a 
military construction project must be authorized by law in-
cludes military construction projects funded through pay-
ment-in-kind contributions pursuant to a bilateral agree-
ment with a host country. 
‘‘(2) The Secretary of Defense or the Secretary con-
cerned shall include military construction projects covered 
under paragraph (1) in the budget justification documents 
for the Department of Defense submitted to Congress in con-
nection with the budget for a fiscal year submitted under 
1105 of title 31. 
‘‘(3) This subsection does not apply to a military con-
struction project that—