411 
sion whether to recommend certification of obligations 
under that section.’’. 
(b) COVERED SYSTEMS.—Subsection (c) of such sec-
tion is amended— 
(1) by striking ‘‘3542(b)(2) of title 44’’ and in-
serting ‘‘section 2222(j)(2) of title 10’’; and 
(2) by inserting ‘‘, and that is not designated 
in section 2445a of title 10, United States Code, as 
a ‘major automated information system program’ or 
an ‘other major information technology investment 
program’ ’’ before the period at the end. 
(c) UPDATED REFERENCES TO DOD ISSUANCES.— 
Subsection (d) of such section is amended— 
(1) in paragraph (1), by striking ‘‘Department 
of Defense Instruction 5000.2’’ and inserting ‘‘De-
partment of Defense Directive 5000.01’’; and 
(2) in paragraph (2), by striking ‘‘Department 
of Defense Instruction 5000.2, dated May 12, 2003’’ 
and inserting ‘‘Department of Defense Instruction 
5000.02, dated December 3, 2008’’. 
SEC. 802. ENHANCED TRANSFER OF TECHNOLOGY DEVEL-
OPED AT DEPARTMENT OF DEFENSE LAB-
ORATORIES. 
(a) DEFINITIONS.—As used in this section:
412 
(1) The term ‘‘military department’’ has the 
meaning provided in section 101 of title 10, United 
States Code. 
(2) The term ‘‘DOD laboratory’’ or ‘‘labora-
tory’’ means any facility or group of facilities that— 
(A) is owned, leased, operated, or other-
wise used by the Department of Defense; and 
(B) meets the definition of ‘‘laboratory’’ as 
provided in subsection (d)(2) of section 12 of 
the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a). 
(b) AUTHORITY.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of a military department each 
may authorize the heads of DOD laboratories to 
grant nonexclusive, exclusive, or partially exclusive 
licenses, royalty free or for royalties or for rights to 
other intellectual property, for computer software 
and its related documentation developed at a DOD 
laboratory, but only if— 
(A) the computer software and related doc-
umentation would be a trade secret under the 
meaning of section 552(b)(4) of title 5, United 
States Code, if the information had been ob-
tained from a non-Federal party;
413 
(B) the public is notified of the availability 
of the software and related documentation for 
licensing and interested parties have a fair op-
portunity to submit applications for licensing; 
(C) such licensing activities and licenses 
comply with the requirements under section 209 
of title 35, United States Code; and 
(D) the software originally was developed 
to meet the military needs of the Department 
of Defense. 
(2) PROTECTIONS
AGAINST
UNAUTHORIZED 
DISCLOSURE.—The Secretary of Defense and the 
Secretary of a military department each shall pro-
vide appropriate precautions against the unauthor-
ized disclosure of any computer software or docu-
mentation covered by paragraph (1)(A), including 
exemption from section 552 of title 5, United States 
Code, for a period of up to 5 years after the develop-
ment of the computer software by the DOD labora-
tory. 
(c) ROYALTIES.— 
(1) USE OF ROYALTIES.—Except as provided in 
paragraph (2), any royalties or other payments re-
ceived by the Department of Defense or a military 
department from licensing computer software or doc-
414 
umentation under paragraph (b)(1) shall be retained 
by the Department of Defense or the military de-
partment and shall be disposed of as follows: 
(A)(i) The Department of Defense or the 
military department shall pay each year the 
first $2,000, and thereafter at least 15 percent, 
of the royalties or other payments, to be divided 
among the employees who developed the com-
puter software. 
(ii) The Department of Defense or the 
military department may provide appropriate 
lesser incentives, from the royalties or other 
payments, to laboratory employees who are not 
developers of such computer software but who 
substantially increased the technical value of 
the software. 
(iii) The Department of Defense or the 
military department shall retain the royalties 
and other payments received until it makes pay-
ments to employees of a DOD laboratory under 
clause (i) or (ii). 
(iv) The Department of Defense or the 
military department may retain an amount rea-
sonably necessary to pay expenses incidental to 
the administration and distribution of royalties
415 
or other payments under this section by an or-
ganizational unit of the Department of Defense 
or military department other than its labora-
tories. 
(B) The balance of the royalties or other pay-
ments shall be transferred by the Department of De-
fense or the military department to its laboratories, 
with the majority share of the royalties or other pay-
ments going to the laboratory where the development 
occurred. The royalties or other payments so trans-
ferred to any DOD laboratory may be used or obli-
gated by that laboratory during the fiscal year in 
which they are received or during the 2 succeeding 
fiscal years— 
(i) to reward scientific, engineering, and 
technical employees of the DOD laboratory, in-
cluding developers of sensitive or classified tech-
nology, regardless of whether the technology 
has commercial applications; 
(ii) to further scientific exchange among 
the laboratories of the agency; 
(iii) for education and training of employ-
ees consistent with the research and develop-
ment missions and objectives of the Department 
of Defense, military department, or DOD lab-
416 
oratory, and for other activities that increase 
the potential for transfer of the technology of 
the laboratories; 
(iv) for payment of expenses incidental to 
the administration and licensing of computer 
software or other intellectual property made at 
that DOD laboratory, including the fees or 
other costs for the services of other agencies, 
persons, or organizations for intellectual prop-
erty management and licensing services; or 
(v) for scientific research and development 
consistent with the research and development 
missions and objectives of the DOD laboratory. 
(C) All royalties or other payments retained by 
the Department of Defense, military department, or 
DOD laboratory after payments have been made 
pursuant to subparagraphs (A) and (B) that are un-
obligated and unexpended at the end of the second 
fiscal year succeeding the fiscal year in which the 
royalties and other payments were received shall be 
paid into the Treasury of the United States. 
(2) EXCEPTION.—If, after payments under 
paragraph (1)(A), the balance of the royalties or 
other payments received by the Department of De-
fense or the military department in any fiscal year
417 
exceed 5 percent of the funds received for use by the 
DOD laboratory for research, development, engineer-
ing, testing, and evaluation or other related adminis-
trative, processing or value-added activities for that 
year, 75 percent of such excess shall be paid to the 
Treasury of the United States and the remaining 25 
percent may be used or obligated under paragraph 
(1)(B). Any funds not so used or obligated shall be 
paid into the Treasury of the United States. 
(3) STATUS OF PAYMENTS TO EMPLOYEES.— 
Any payment made to an employee under this sec-
tion shall be in addition to the regular pay of the 
employee and to any other awards made to the em-
ployee, and shall not affect the entitlement of the 
employee to any regular pay, annuity, or award to 
which the employee is otherwise entitled or for which 
the employee is otherwise eligible or limit the 
amount thereof except that the monetary value of an 
award for the same project or effort shall be de-
ducted from the amount otherwise available under 
this paragraph. Payments, determined under the 
terms of this paragraph and made to an employee 
developer as such, may continue after the developer 
leaves the DOD laboratory or the Department of 
Defense or military department. Payments made
418 
under this section shall not exceed $75,000 per year 
to any one person, unless the President approves a 
larger award (with the excess over $75,000 being 
treated as a Presidential award under section 4504 
of title 5, United States Code). 
(d) INFORMATION IN REPORT.—The report required 
by section 2515(d) of title 10, United States Code, shall 
include information regarding the implementation and ef-
fectiveness of this section. 
(e) EXPIRATION.—The authority provided in this sec-
tion shall expire on December 31, 2018. 
SEC. 803. EXTENSION OF LIMITATION ON AGGREGATE AN-
NUAL AMOUNT AVAILABLE FOR CONTRACT 
SERVICES. 
Section 808 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1489) is amended— 
(1) in subsections (a) and (b), by striking ‘‘fis-
cal year 2012 or 2013’’ and inserting ‘‘fiscal year 
2012, 2013, 2014 or 2015’’; 
(2) in subsection (c)— 
(A) by striking ‘‘during fiscal years 2012 
and 2013’’ in the matter preceding paragraph 
(1);
419 
(B) by striking paragraphs (1) and (2) and 
redesignating paragraphs (3), (4), and (5) as 
paragraphs (1), (2), and (3), respectively; and 
(C) in paragraph (3), as so redesignated, 
by striking ‘‘fiscal years 2012 and 2013’’ and 
inserting ‘‘fiscal years 2012, 2013, 2014, and 
2015’’; 
(3) in subsection (d)(4), by striking ‘‘fiscal year 
2012 or 2013’’ and inserting ‘‘fiscal year 2012, 
2013, 2014 or 2015’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(e) CARRYOVER
OF REDUCTIONS REQUIRED.—If 
the reductions required by subsection (c)(2) for fiscal 
years 2012 and 2013 are not implemented, the amounts 
remaining for those reductions in fiscal years 2012 and 
2013 shall be implemented in fiscal years 2014 and 2015. 
‘‘(f) ANTI-DEFICIENCY ACT VIOLATION.—Failure to 
comply with subsections (a) and (e) shall be considered 
violations of section 1341 of title 31, United States Code 
(popularly referred to as the Anti-Deficiency Act).’’.
420 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. ADDITIONAL CONTRACTOR RESPONSIBILITIES IN 
REGULATIONS 
RELATING 
TO 
DETECTION 
AND AVOIDANCE OF COUNTERFEIT ELEC-
TRONIC PARTS. 
Section 818(c)(2)(B) of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended— 
(1) in clause (i), by inserting ‘‘electronic’’ after 
‘‘avoid counterfeit’’; and 
(2) in clause (ii), by striking ‘‘were provided’’ 
and inserting the following: ‘‘were— 
‘‘(I) procured from an original 
manufacturer or its authorized dealer 
or from a trusted supplier in accord-
ance with regulations described in 
paragraph (3); or 
‘‘(II) provided’’.
421 
SEC. 812. AMENDMENTS RELATING TO DETECTION AND 
AVOIDANCE OF COUNTERFEIT ELECTRONIC 
PARTS. 
Section 818(c)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 10 
U.S.C. 2302 note) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B), at the end of clause 
(iii), by striking the period and inserting ‘‘; and’’; 
and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) the cost of counterfeit electronic parts 
and suspect counterfeit electronic parts and the 
cost of rework or corrective action that may be 
required to remedy the use or inclusion of obso-
lete parts are not allowable costs under Depart-
ment contracts, unless— 
‘‘(i) the offeror’s proposal in response 
to a Department of Defense solicitation for 
maintenance, refurbishment, or remanufac-
ture work identifies obsolete electronic 
parts and includes a plan to ensure trusted 
sources of supply for obsolete electronic
422 
parts, or to implement design modifica-
tions to eliminate obsolete electronic parts; 
‘‘(ii) the Department elects not to 
fund design modifications to eliminate ob-
solete electronic parts; and 
‘‘(iii) the contractor applies inspec-
tions and tests intended to detect counter-
feit electronic parts and suspect counterfeit 
electronic parts when purchasing electronic 
parts from other than the original manu-
facturers or their authorized dealers, pur-
suant to paragraph (3).’’. 
SEC. 813. GOVERNMENT-WIDE LIMITATIONS ON ALLOW-
ABLE COSTS FOR CONTRACTOR COMPENSA-
TION. 
(a) DEFENSE CONTRACTS.— 
(1) AMENDMENTS RELATING TO CONTRACTOR 
EMPLOYEES.—Subparagraph 
(P) 
of 
section 
2324(e)(1) of title 10, United States Code, is 
amended to read as follows: 
‘‘(P) Costs of compensation of any contractor 
employee for a fiscal year, regardless of the contract 
funding source, to the extent that such compensa-
tion exceeds $763,029 adjusted annually for the 
U.S. Bureau of Labor Statistics Employment Cost
423 
Index for total compensation for private industry 
workers, by occupational and industry group not 
seasonally adjusted, except that the Secretary of De-
fense may establish narrowly targeted exceptions for 
positions in the science, technology, engineering, 
mathematics, medical, and manufacturing fields 
upon a determination that such exceptions are need-
ed to ensure that the Department of Defense has 
continued access to needed skills and capabilities.’’. 
(2) AMENDMENTS
RELATING
TO
SENIOR
EX-
ECUTIVES
OF
CERTAIN
CONTRACTORS.—Section 
2324(e)(1) of such title is further amended by add-
ing at the end the following new subparagraph: 
‘‘(Q) Costs of compensation of senior executives 
of a covered contractor.’’. 
(3) DEFINITIONS.—Section 2324(l) of such title 
is amended— 
(A) by inserting after paragraph (4) the 
following new paragraph (5): 
‘‘(5) The term ‘senior executives’, with respect 
to a covered contractor, means the five most highly 
compensated employees of the contractor. In deter-
mining the five most highly compensated employees 
in the case of a contractor with components (such as 
subsidiaries or divisions), the determination shall be
424 
made using the five most highly compensated em-
ployees contractor-wide, not within each compo-
nent.’’; and 
(B) by inserting after paragraph (6) the 
following new paragraph (7): 
‘‘(7) The term ‘covered contractor’, with respect 
to a fiscal year, means a contractor that was award-
ed Federal contracts in an amount totaling more 
than $500,000,000 during the previous fiscal year.’’. 
(b) CIVILIAN AGENCY CONTRACTS.— 
(1) AMENDMENTS RELATING TO CONTRACTOR 
EMPLOYEES.—Paragraph (16) of section 4304(a) of 
title 41, United States Code, is amended to read as 
follows: 
‘‘(16) Costs of compensation of any contractor 
employee for a fiscal year, regardless of the contract 
funding source, to the extent that such compensa-
tion exceeds $763,029 adjusted annually for the 
U.S. Bureau of Labor Statistics Employment Cost 
Index for total compensation for private industry 
workers, by occupational and industry group not 
seasonally adjusted, except that the executive agency 
may establish narrowly targeted exceptions for posi-
tions in the science, technology, engineering, mathe-
matics, medical, and manufacturing fields upon a
425 
determination that such exceptions are needed to en-
sure that the executive agency has continued access 
to needed skills and capabilities.’’. 
(2) AMENDMENTS
RELATING
TO
SENIOR
EX-
ECUTIVES
OF
CERTAIN
CONTRACTORS.—Section 
4304(a) of such title is further amended by adding 
at the end the following new paragraph: 
‘‘(17) Costs of compensation of senior execu-
tives of a covered contractor.’’. 
(3) DEFINITIONS.—Section 4301 of such title is 
amended by striking paragraph (4) and inserting the 
following new paragraphs (4) and (5): 
‘‘(4) The term ‘senior executives’, with respect 
to a covered contractor, means the five most highly 
compensated employees of the contractor. In deter-
mining the five most highly compensated employees 
in the case of a contractor with components (such as 
subsidiaries or divisions), the determination shall be 
made using the five most highly compensated em-
ployees contractor-wide, not within each component. 
‘‘(5) The term ‘covered contractor’, with respect 
to a fiscal year, means a contractor that was award-
ed Federal contracts in an amount totaling more 
than $500,000,000 during the previous fiscal year.’’.
426 
(c) CONFORMING AMENDMENTS.—Chapter 11 of title 
41, United States Code, is amended— 
(1) by striking section 1127; and 
(2) by striking the item relating to that section 
in the table of sections at the beginning of such 
chapter. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to costs of compensa-
tion incurred under contracts entered into on or after the 
date that is 180 days after the date of the enactment of 
this Act. 
SEC. 814. INCLUSION OF ADDITIONAL COST ESTIMATE IN-
FORMATION IN CERTAIN REPORTS. 
(a) ADDITIONAL COST ESTIMATE INFORMATION RE-
QUIRED TO BE INCLUDED IN SELECTED ACQUISITION 
REPORTS.—Section 2432(c)(1) of title 10, United States 
Code, is amended— 
(1) by redesignating subparagraphs (B), (C) 
and (D) as subparagraphs (C), (D), and (F), respec-
tively; 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B): 
‘‘(B) for each major defense acquisition pro-
gram or designated major subprogram included in 
the report—
427 
‘‘(i) the Baseline Estimate (as that term is 
defined in section 2433(a)(2) of this title), 
along with the associated risk curve and sensi-
tivity of that estimate; 
‘‘(ii) the original Baseline Estimate (as 
that term is defined in section 2435(d)(1) of 
this title), along with the associated risk curve 
and sensitivity of that estimate; 
‘‘(iii) if the original Baseline Estimate was 
adjusted 
or 
revised 
pursuant 
to 
section 
2435(d)(2) of this title, such adjusted or re-
vised estimate, along with the associated risk 
curve and sensitivity of that estimate; and 
‘‘(iv) the primary risk parameters associ-
ated with the current procurement cost for the 
program (as that term is used in section 
2432(e)(4) of this title);’’; 
(3) in subparagraph (D), as so redesignated, by 
striking ‘‘and’’ at the end; and 
(4) by inserting after subparagraph (D), as so 
redesignated, the following new subparagraph (E): 
‘‘(E) estimated contract termination costs; 
and’’.
428 
(b) ADDITIONAL DUTIES OF DIRECTOR OF COST AS-
SESSMENT AND PROGRAM EVALUATION WITH RESPECT 
TO SAR.— 
(1) REVIEW
REQUIRED.—Section 2334(a) of 
title 10, United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (6); 
(B) by striking the period and inserting ‘‘; 
and’’ at the end of paragraph (7); and 
(C) by adding at the end the following new 
paragraph (8): 
‘‘(8) annually review the cost estimates and as-
sociated information required to be included, by sec-
tion 2432(c)(1)(B) of this title, in the Selected Ac-
quisition Reports required by that section.’’. 
(2) ADDITIONAL
INFORMATION
REQUIRED
IN 
ANNUAL REPORT.—Section 2334(f)(1) of such title 
is amended— 
(A) by striking ‘‘report, an assessment 
of—’’ and inserting ‘‘report—’’; 
(B) in each of subparagraphs (A), (B), and 
(C), by inserting ‘‘an assessment of’’ before the 
first word of the text; 
(C) in subparagraph (B), by striking 
‘‘and’’ at the end;
429 
(D) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(E) by adding at the end the following new 
subparagraph: 
‘‘(D) a summary of the cost estimate informa-
tion reviewed under subsection (a)(8), an identifica-
tion of any trends in that information, an aggrega-
tion of the cumulative risk of the portfolio of sys-
tems reviewed under that subsection, and rec-
ommendations for improving cost estimates on the 
basis of the review under that subsection.’’. 
SEC. 815. AMENDMENT RELATING TO COMPELLING REA-
SONS FOR WAIVING SUSPENSION OR DEBAR-
MENT. 
Section 2393(b) of title 10, United States Code, is 
amended by inserting after the first sentence the fol-
lowing: ‘‘The Secretary of Defense shall also make the de-
termination described in subsection (a)(2) available on a 
publicly accessible website.’’.
430 
SEC. 816. REQUIREMENT THAT COST OR PRICE TO THE 
FEDERAL GOVERNMENT BE GIVEN AT LEAST 
EQUAL 
IMPORTANCE 
AS 
TECHNICAL 
OR 
OTHER CRITERIA IN EVALUATING COMPETI-
TIVE PROPOSALS FOR DEFENSE CONTRACTS. 
(a) REQUIREMENT.—Subparagraph (A) of section 
2305(a)(3) of title 10, United States Code, is amended 
by striking ‘‘proposals; and’’ at the end of clause (ii) and 
all that follows through the end of the subparagraph and 
inserting the following: ‘‘proposals and that must be as-
signed importance at least equal to all evaluation factors 
other than cost or price when combined.’’. 
(b) WAIVER.—Section 2305(a)(3) of such title is fur-
ther amended by striking subparagraph (B) and inserting 
the following: 
‘‘(B) The requirement of subparagraph 
(A)(ii) relating to assigning at least equal im-
portance to evaluation factors of cost or price 
may be waived by the head of the agency.’’. 
(c) REPORT.—Section 2305(a)(3) of such title is fur-
ther amended by adding at the end the following new sub-
paragraph: 
‘‘(C) Not later than 180 days after the end 
of each fiscal year, the Secretary of Defense 
shall submit to Congress, and post on a publicly 
available website of the Department of Defense,
431 
a report containing a list of each waiver issued 
by the head of an agency under subparagraph 
(B) during the preceding fiscal year.’’. 
SEC. 817. REQUIREMENT TO BUY AMERICAN FLAGS FROM 
DOMESTIC SOURCES. 
Section 2533a(b) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) A flag of the United States of America 
(within the meaning of chapter 1 of title 4).’’. 
Subtitle C—Provisions Relating to 
Contracts in Support of Contin-
gency Operations in Iraq or Af-
ghanistan 
SEC. 821. AMENDMENTS RELATING TO PROHIBITION ON 
CONTRACTING WITH THE ENEMY. 
(a) AMENDMENTS RELATING
TO PROHIBITION.— 
Section 841(a)(1) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 126 Stat. 
1510) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘Commander of the United States Cen-
tral Command’’ and inserting ‘‘commander of a cov-
ered combatant command’’; 
(2) in subparagraph (A)—
432 
(A) by striking ‘‘Commander of the United 
States Central Command’’ and inserting ‘‘com-
mander of the covered combatant command’’; 
and 
(B) by striking ‘‘United States Central 
Command theater of operations’’ and inserting 
‘‘theater of operations of that command’’; 
(3) in subparagraph (B), by striking ‘‘United 
States Central Command theater of operations’’ and 
inserting ‘‘theater of operations of the covered com-
batant command’’; and 
(4) in subparagraph (C)— 
(A) by striking ‘‘Commander of the United 
States Central Command’’ and inserting ‘‘com-
mander of the covered combatant command’’; 
and 
(B) by striking ‘‘United States Central 
Command theater of operations’’ and inserting 
‘‘theater of operations of that command’’. 
(b) 
AMENDMENTS
RELATING
TO
CONTRACT 
CLAUSE.—Section 841(b)(3) of such Act is amended— 
(1) by striking ‘‘$100,000’’ and inserting 
‘‘$50,000’’; and
433 
(2) by striking ‘‘United States Central Com-
mand theater of operations’’ and inserting ‘‘theater 
of operations of a covered combatant command’’. 
(c) AMENDMENTS RELATING TO IDENTIFICATION OF 
CONTRACTS.—Section 841(c) of such Act is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘, acting through the Com-
mander of the United States Central Com-
mand,’’; and 
(B) by striking ‘‘United States Central 
Command theater of operations’’ and inserting 
‘‘theaters of operations of covered combatant 
commands’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘Commander of the United 
States Central Command’’ and inserting ‘‘com-
mander of a covered combatant command’’; and 
(B) by striking ‘‘Commander may notify’’ 
and inserting ‘‘commander may notify’’; and 
(3) in paragraph (3), by striking ‘‘Commander 
of the United States Central Command’’ and insert-
ing ‘‘commander of a covered combatant command’’. 
(d) AMENDMENTS RELATING TO NONDELEGATION 
OF RESPONSIBILITIES.—Section 841(d)(2) of such Act is 
amended by striking ‘‘Commander of the United States
434 
Central Command’’ and inserting ‘‘commander of a cov-
ered combatant command’’. 
(e) AMENDMENTS RELATING
TO DEFINITIONS.— 
Section 841(f) of such Act is amended— 
(1) by striking the subsection heading and in-
serting ‘‘DEFINITIONS.—’’; 
(2) by striking ‘‘In this section, the term’’ and 
inserting the following: ‘‘In this section: 
‘‘(1) CONTINGENCY
OPERATION.—The term’’; 
and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) COVERED
COMBATANT
COMMAND.—The 
term ‘covered combatant command’ means the 
United States Central Command, the United States 
European Command, the United States Southern 
Command, and the United States Pacific Com-
mand.’’. 
(f) REPEAL OF SUNSET.—Subsection (g) of section 
841 of such Act is repealed. 
(g) TECHNICAL AMENDMENTS.— 
(1) CONFORMING
AMENDMENT
TO
SECTION 
HEADING.— 
(A) The heading of section 841 of such Act 
is amended by striking ‘‘IN
THE
UNITED
435 
STATES CENTRAL COMMAND THEATER OF 
OPERATIONS’’. 
(B) The item relating to section 841 in the 
table of sections at the beginning of title VIII 
and in section 2 of such Act is amended to read 
as follows: 
‘‘Sec. 841. Prohibition on contracting with the enemy.’’. 
(2) REPEAL
OF
SUPERSEDED
DEADLINES.— 
Paragraph (1) of each of subsections (a), (b), and 
(c) of section 841 of such Act is amended by strik-
ing ‘‘Not later than 30 days after the date of the en-
actment of this Act, the’’ and inserting ‘‘The’’. 
(h) EFFECTIVE DATE.—The amendments made by 
this section shall apply to contracts entered into on or 
after the date that is 90 days after the date of the enact-
ment of this Act. 
SEC. 822. COLLECTION OF DATA RELATING TO CONTRACTS 
IN IRAQ AND AFGHANISTAN. 
(a) PENALTIES.—Section 861 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 10 U.S.C. 2302 note) is amended by adding at 
the end the following new subsection: 
‘‘(e) PENALTIES FOR FAILURE TO COMPLY.—Any 
contract in Afghanistan entered into or modified after the 
date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2014 may include a clause requir-
436 
ing the imposition of a penalty on any contractor that does 
not comply with the policies or guidance issued or the reg-
ulations prescribed pursuant to subsection (c). Compliance 
with such policies, guidance, or regulations may be consid-
ered as a factor in the determination of award and incen-
tive fees.’’. 
(b) PENALTY INFORMATION COVERED IN REPORT.— 
Section 863(c) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
2302 note) is amended by adding at the end the following 
new paragraph: 
‘‘(4) Any penalties imposed on contractors for 
failing to comply with requirements under section 
861(e), including requirements to provide informa-
tion for the common databases identified under sec-
tion 861(b)(4).’’. 
Subtitle D—Other Matters 
SEC. 831. EXTENSION OF PILOT PROGRAM ON ACQUISITION 
OF 
MILITARY 
PURPOSE 
NONDEVELOP-
MENTAL ITEMS. 
Section 866(f)(1) of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4296; 10 U.S.C. 2302 note) is amend-
ed by striking ‘‘the date that is five years after the date
437 
of the enactment of this Act.’’ and inserting ‘‘December 
31, 2019.’’. 
SEC. 832. EXTENSION OF AUTHORITY TO ACQUIRE PROD-
UCTS AND SERVICES PRODUCED IN COUN-
TRIES ALONG A MAJOR ROUTE OF SUPPLY 
TO AFGHANISTAN. 
Section 801(f) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2399), as amended by section 841(a) of the National De-
fense Authorization Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 1845), is amended by striking ‘‘De-
cember 31, 2014’’ and inserting ‘‘December 31, 2015’’. 
SEC. 833. REPORT ON PROCUREMENT SUPPLY CHAIN 
VULNERABILITIES. 
(a) 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 re-
port on how sole source suppliers of components to the 
Department of Defense procurement supply chain create 
vulnerabilities to military attack, terrorism, natural dis-
aster, industrial shock, financial crisis, or geopolitical cri-
sis, such as an embargo of key raw materials or industrial 
inputs.
438 
(b) MATTERS COVERED.—The report required by 
subsection (a) shall include, at a minimum, the following: 
(1) A list of the components in the Department 
of Defense procurement supply chain for which there 
is a supplier that controls over 50 percent of the 
global market. 
(2) A list of parts of the supply chain where 
there is inadequate information to ascertain whether 
there is a single source supplier of components. 
(3) The Secretary’s recommendations on which 
single source suppliers create vulnerabilities, as well 
recommendations 
on 
how 
to 
reduce 
those 
vulnerabilities. 
(c) FORM OF REPORT.—The report required by sub-
section (a) may be classified. 
SEC. 834. STUDY ON THE IMPACT OF CONTRACTING WITH 
VETERAN-OWNED SMALL BUSINESSES. 
(a) IN GENERAL.—Not later than 180 days after the 
enactment of this Act, the Secretary of Defense, in coordi-
nation with the Administrator of the Small Business Ad-
ministration and the Secretary of Veterans Affairs, shall 
issue a report that includes— 
(1) a description of the impacts of Department 
of Defense contracting with small business concerns 
owned and controlled by veterans and small business
439 
concerns owned and controlled by service-disabled 
veterans on veteran entrepreneurship and veteran 
unemployment; 
(2) a description of the effect that increased 
economic opportunity for veterans has on issues 
such as veteran suicide and veteran homelessness; 
and 
(3) an analysis of the feasibility and expected 
impacts of the implementation within the Depart-
ment of Defense of a contracting program modeled 
on the program authorized under section 8127 of 
title 38, United States Code. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘veteran’’ has the meaning given 
the term under section 101(2) of title 38, United 
States Code; and 
(2) the terms ‘‘small business concern owned 
and controlled by veterans’’ and ‘‘small business 
concern owned and controlled by service-disabled 
veterans’’ have the meanings given such terms under 
section 3 of the Small Business Act (15 U.S.C. 
632).
440 
SEC. 835. REVISIONS TO REQUIREMENTS RELATING TO 
JUSTIFICATION AND APPROVAL OF SOLE- 
SOURCE DEFENSE CONTRACTS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall modify 
the provisions of the Department of Defense Supplement 
to the Federal Acquisition Regulation that implement sec-
tion 811 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2401) 
to clarify that the authority of the head of an agency (as 
defined in section 811(c)(2)(A) of such section) to make 
an award pursuant to such section is delegable. 
SEC. 836. IMPROVED MANAGEMENT OF DEFENSE EQUIP-
MENT AND SUPPLIES THROUGH AUTOMATED 
INFORMATION AND DATA CAPTURE TECH-
NOLOGIES. 
The Secretary of Defense shall improve the manage-
ment of defense equipment and supplies throughout their 
life cycles by adopting and implementing Item Unique 
Identification (IUID), Radio Frequency Identification 
(RFID), biometrics, and other automated information and 
data capture (AIDC) technologies for the tracking, man-
agement, and accountability for assets deployed across the 
Department of Defense.
441 
SEC. 837. REVISION OF DEFENSE SUPPLEMENT TO THE 
FEDERAL 
ACQUISITION 
REGULATION 
TO 
TAKE INTO ACCOUNT SOURCING LAWS. 
Not later than 60 days after the date of the enact-
ment of this Act, the Department of Defense Supplement 
to the Federal Acquisition Regulation shall be revised to 
implement the requirements imposed by sections 129, 
129a, 2330a, 2461, and 2463 of title 10, United States 
Code. 
SEC. 838. PROHIBITION ON PURCHASE OF MILITARY COINS 
NOT MADE IN UNITED STATES. 
None of the funds authorized to be appropriated by 
this Act may be used to purchase military coins that are 
not produced in the United States. 
SEC. 839. COMPLIANCE WITH DOMESTIC SOURCE REQUIRE-
MENTS FOR FOOTWEAR FURNISHED TO EN-
LISTED MEMBERS OF THE ARMED FORCES 
UPON 
THEIR 
INITIAL 
ENTRY 
INTO 
THE 
ARMED FORCES. 
(a) REQUIREMENT.—Section 418 of title 37, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d)(1) In the case of athletic footwear needed by 
members of the Army, Navy, Air Force, or Marine Corps 
upon their initial entry into the armed forces, the Sec-
retary of Defense shall furnish such footwear directly to
442 
the members instead of providing a cash allowance to the 
members for the purchase of such footwear. 
‘‘(2) In procuring athletic footwear to comply with 
paragraph (1), the Secretary of Defense shall comply with 
the requirements of section 2533a of title 10, without re-
gard to the applicability of any simplified acquisition 
threshold under chapter 137 of title 10 (or any other pro-
vision of law). 
‘‘(3) This subsection does not prohibit the provision 
of a cash allowance to a member described in paragraph 
(1) for the purchase of athletic footwear if such foot-
wear— 
‘‘(A) is medically required to meet unique phys-
iological needs of the member; and 
‘‘(B) cannot be met with athletic footwear that 
complies with the requirements of this subsection.’’. 
(b) CERTIFICATION.—The amendment made by sub-
section (a) shall not take effect until the Secretary of De-
fense certifies that there are at least two sources that can 
provide athletic footwear to the Department of Defense 
that is 100 percent compliant with section 2533a of title 
10, United States Code.
443 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) 
REDESIGNATION
OF
SECRETARY
AND 
OTHER STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER
STATUTORY
OFFICES.—The 
positions of the Under Secretary of the Navy, 
the four Assistant Secretaries of the Navy, and 
the General Counsel of the Department of the 
Navy are redesignated as the Under Secretary
444 
of the Navy and Marine Corps, the Assistant 
Secretaries of the Navy and Marine Corps, and 
the General Counsel of the Department of the 
Navy and Marine Corps, respectively. 
(b) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.— 
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’. 
(4) CHAPTER HEADINGS.—
445 
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of 
such title are amended by striking ‘‘Assistant
446 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘De-
partment of the Navy’’ and ‘‘Secretary of the Navy’’ 
each place they appear and inserting ‘‘Department 
of the Navy and Marine Corps’’ and ‘‘Secretary of 
the Navy and Marine Corps’’, respectively. 
(2) OTHER
REFERENCES.—Any reference in 
any law other than in title 10 or title 37, United 
States Code, or in any regulation, document, record, 
or other paper of the United States, to the Depart-
ment of the Navy shall be considered to be a ref-
erence to the Department of the Navy and Marine 
Corps. Any such reference to an office specified in
447 
subsection (a)(2) shall be considered to be a ref-
erence to that office as redesignated by that section. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
SEC. 902. REVISIONS TO COMPOSITION OF TRANSITION 
PLAN FOR DEFENSE BUSINESS ENTERPRISE 
ARCHITECTURE. 
Section 2222(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘defense busi-
ness enterprise architecture’’ and inserting ‘‘target 
defense business systems computing environment de-
scribed in subsection (d)(3)’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘existing as of September 
30, 2011 (known as ‘legacy systems’) that will 
not be part of the defense business enterprise 
architecture’’ and inserting ‘‘that will be phased 
out of the defense business systems computing 
environment within three years after review and 
certification as ‘legacy systems’ by the invest-
ment management process established under 
subsection (g)’’; and
448 
(B) by striking ‘‘that provides for reducing 
the use of those legacy systems in phases’’; and 
(3) in paragraph (3), by striking ‘‘legacy sys-
tems (referred to in subparagraph (B)) that will be 
a part of the target defense business systems com-
puting environment described in subsection (d)(3)’’ 
and inserting ‘‘existing systems that are part of the 
target defense business systems computing environ-
ment’’. 
SEC. 903. REPORT ON STRATEGIC IMPORTANCE OF UNITED 
STATES MILITARY INSTALLATION OF THE U.S. 
PACIFIC COMMAND. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of Home-
land Security, shall submit to the congressional defense 
committees a report on the strategic value of each major 
installation that supports operations in the United States 
Pacific Command. 
(b) CONTENT OF REPORT.—The report required by 
subsection (a) shall include, at a minimum, an assessment 
of the following with respect to each major installation 
covered by the report: 
(1) The strategic value of the operations of the 
installation in the Pacific Command Area of Respon-
449 
sibility, including the strategic value of the installa-
tion for the global deployment of airpower, military 
personnel, and logistical support. 
(2) The usefulness of the installation for poten-
tial future missions, including military, search and 
rescue, and humanitarian missions in a changing 
Pacific and Arctic region. 
(3) The suitability of the installation for basing 
of F–35 aircraft and other future weapons systems 
in the Pacific Command Area of Responsibility. 
(4) The suitability of the installation for mis-
sion growth, including relocation of combat-coded 
aircraft, Army units, naval vessels, and Marine 
Corps units from overseas bases. 
(5) How critical the installation is in maintain-
ing and expanding the North and Southern Pacific 
air refueling bridge. 
(6) The availability of the installation for bas-
ing remotely piloted aircraft. 
(7) The proximity of the installation to 
scoreable, instrumented training ranges, with an em-
phasis on joint-training. 
(8) The impact of urban encroachment on the 
installation and its training ranges.
450 
(c) CLASSIFIED ANNEX.—The report required by 
subsection (a) may include a classified annex if necessary 
to fully describe the matters required by subsection (b). 
SEC. 904. COMPTROLLER GENERAL REPORT ON POTENTIAL 
RELOCATION 
OF 
FEDERAL 
GOVERNMENT 
TENANTS ON ASIA-PACIFIC AND ARCTIC-ORI-
ENTED UNITED STATES MILITARY INSTALLA-
TIONS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2014, the Comptroller General of the United States shall 
submit to the appropriate committees of Congress a report 
containing the results of a review of the potential for— 
(1) effectively consolidating underused facilities 
on military installations; or 
(2) vacating costly leased space by relocating 
Federal Government agency tenants, activities, mis-
sions, and personnel onto such installations. 
(b) SPECIFIC CONSIDERATION OF ASIA-PACIFIC AND 
ARCTIC-ORIENTED INSTALLATIONS.—As a result of the 
Federal Government’s decision to emphasize Asia-Pacific 
security issues and changes in the Arctic environment, the 
Comptroller General shall specifically evaluate potential 
consolidation of Federal tenants on Asia-Pacific and Arc-
tic-oriented installations, focusing on Federal entities with 
homeland security, defense, international trade, com-
451 
merce, and other national security-related functions that 
are compatible with the missions of the military installa-
tions. 
Subtitle B—Space Activities 
SEC. 911. NATIONAL SECURITY SPACE SATELLITE REPORT-
ING POLICY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Department of Defense depends on na-
tional security space programs to support, among 
other critical capabilities— 
(A) communications; 
(B) missile warning; 
(C) position, navigation, and timing; 
(D) intelligence, surveillance, and recon-
naissance; and 
(E) environmental monitoring; and 
(2) foreign threats to national security space 
systems are increasing. 
(b) NOTIFICATION OF FOREIGN INTERFERENCE OF 
NATIONAL SECURITY SPACE.—Chapter 135 of title 10, 
United States Code, is amended by adding at the end the 
following new section:
452 
‘‘§ 2278. Notification of foreign interference of na-
tional security space 
‘‘(a) NOTICE REQUIRED.—The Secretary of Defense 
shall, with respect to each attempt by a foreign actor to 
disrupt, degrade, or destroy a United States national secu-
rity space capability, provide to the appropriate congres-
sional committees— 
‘‘(1) not later than 48 hours after the Secretary 
determines that there is reason to believe such at-
tempt occurred, notice of such attempt; and 
‘‘(2) not later than 10 days after the date on 
which the Secretary determines that there is reason 
to believe such attempt occurred, a notification de-
scribed in subsection (b) with respect to such at-
tempt. 
‘‘(b) NOTIFICATION DESCRIPTION.—A notification 
described in this subsection is a notification that in-
cludes— 
‘‘(1) the name and a brief description of the na-
tional security space capability that was impacted by 
an attempt by a foreign actor to disrupt, degrade, 
or destroy a United States national security space 
capability; 
‘‘(2) a description of such attempt, including 
the foreign actor, the date and time of such attempt,
453 
and any related capability outage and the mission 
impact of such outage; and 
‘‘(3) any other information the Secretary con-
siders relevant. 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—The term ‘appropriate congressional commit-
tees’ means— 
‘‘(1) the congressional defense committees; and 
‘‘(2) with respect to a notice or notification re-
lated to an attempt by a foreign entity to disrupt, 
degrade, or destroy a United States national security 
space capability that is intelligence-related, the Per-
manent Select Committee on Intelligence of the 
House of Representatives and the Select Committee 
on Intelligence of the Senate.’’. 
(c) TABLE OF SECTIONS AMENDMENT.—The table of 
sections at the beginning of such chapter is amended by 
adding at the end the following item: 
‘‘2278. Notification of foreign interference of national security space.’’. 
SEC. 912. NATIONAL SECURITY SPACE DEFENSE AND PRO-
TECTION. 
(a) REVIEW.—The Secretary of the Air Force shall 
enter into an arrangement with the National Research 
Council to—
454 
(1) in response to the near-term and long-term 
threats to the national security space systems of the 
United States, conduct a review of— 
(A) the range of strategic options available 
to address such threats, in terms of deterring 
hostile actions, defeating hostile actions, or sur-
viving hostile actions until such actions con-
clude; 
(B) strategies and plans to counter such 
threats, including resilience, reconstitution, 
disaggregation, and other appropriate concepts; 
and 
(C) existing and planned architectures, 
warfighter requirements, technology develop-
ment, systems, workforce, or other factors re-
lated to addressing such threats; and 
(2) identify recommend courses of action to ad-
dress such threats, including potential barriers or 
limiting factors in implementing such courses of ac-
tion. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Na-
tional Research Council shall submit to the congres-
sional defense committees, the Permanent Select
455 
Committee on Intelligence of the House of Rep-
resentatives, and the Select Committee on Intel-
ligence of the Senate a report containing the results 
of the review conducted pursuant to the arrange-
ment under subsection (a) and the recommended 
courses of action identified pursuant to such ar-
rangement. 
(2) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(c) 
SPACE
PROTECTION
STRATEGY.—Section 
911(f)(1) of the National Defense Authorization Act for 
Fiscal Year 2008 (10 U.S.C. 2271 note) is amended by 
striking ‘‘including each of the matters required by sub-
section (c).’’ and inserting the following: ‘‘including— 
‘‘(A) each of the matters required by sub-
section (c); and 
‘‘(B) a description of how the Department 
of Defense and the intelligence community plan 
to provide necessary national security capabili-
ties, through alternative space, airborne, or 
ground systems, if a foreign actor degrades, de-
nies access to, or destroys United States na-
tional security space capabilities.’’.
456 
SEC. 913. SPACE ACQUISITION STRATEGY. 
(a) STRATEGY REQUIRED.—The Under Secretary of 
Defense for Acquisition, Technology, and Logistics, in 
consultation with the Chief Information Officer of the De-
partment of Defense, shall establish a strategy to enable 
the multi-year procurement of commercial satellite serv-
ices. 
(b) BASIS.—The strategy required under subsection 
(a) shall include and be based on— 
(1) an analysis of financial or other benefits to 
acquiring satellite services through multi-year acqui-
sition approaches; 
(2) an analysis of the risks associated with such 
acquisition approaches; 
(3) an identification of methods to address 
planning, programming, budgeting, and execution 
challenges to such approaches, including methods to 
address potential termination liability or cancellation 
costs generally associated with multi-year contracts; 
(4) an identification of any changes needed in 
the requirements development and approval proc-
esses of the Department of Defense to facilitate ef-
fective and efficient implementation of such strategy, 
including an identification of any consolidation of re-
quirements for such services across the Department
457 
that may achieve increased buying power and effi-
ciency; and 
(5) an identification of any necessary changes 
to policies, procedures, regulations, or statutes. 
(c) SUBMISSION.—Not later than 180 days after the 
date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics, in 
consultation with the Chief Information Officer of the De-
partment of Defense, shall submit to the congressional de-
fense committees the strategy required under subsection 
(a), including the elements required under subsection (b). 
SEC. 914. SPACE CONTROL MISSION REPORT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the 
space control mission of the Department of Defense. Such 
report shall include— 
(1) an identification of existing offensive and 
defensive space control systems, policies, and tech-
nical possibilities of future systems; 
(2) an identification of any gaps or risks in ex-
isting space control system architecture and possi-
bilities for improvement or mitigation of such gaps 
or risks;
458 
(3) a description of existing and future sensor 
coverage and ground processing capabilities for 
space situational awareness; 
(4) an explanation of the extent to which all rel-
evant and available information is being utilized for 
space situational awareness to detect, track, and 
identify objects in space; 
(5) a description of existing space situational 
awareness data sharing practices, including what in-
formation is being shared and what the benefits and 
risks of such sharing are to the national security of 
the United States; and 
(6) plans for the future space control mission. 
SEC. 915. RESPONSIVE LAUNCH. 
(a) FINDINGS.—Congress finds the following: 
(1) United States Strategic Command has iden-
tified three needs as a result of dramatically in-
creased demand and dependence on space capabili-
ties as follows: 
(A) To rapidly augment existing space ca-
pabilities when needed to expand operational 
capability. 
(B) To rapidly reconstitute or replenish 
critical space capabilities to preserve continuity 
of operations capability.
459 
(C) To rapidly exploit and infuse space 
technological or operational innovations to in-
crease the advantage of the United States. 
(2) Operationally responsive low cost launch 
could assist in addressing such needs of the combat-
ant commands. 
(b) STUDY.—The Department of Defense Executive 
Agent for Space shall conduct a study on responsive, low- 
cost launch efforts. Such study shall include— 
(1) a review of existing and past operationally 
responsive, low-cost launch efforts by domestic or 
foreign governments or industry; 
(2) a technology assessment of various methods 
to develop an operationally responsive, low-cost 
launch capability; and 
(3) an assessment of the viability of greater uti-
lization of innovative methods, including the use of 
secondary payload adapters on existing launch vehi-
cles. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Department of Defense 
Executive Agent for Space shall submit to the congres-
sional defense committees a report containing— 
(1) the results of the study conducted under 
subsection (b); and
460 
(2) a consolidated plan for development within 
the Department of Defense of an operationally re-
sponsive, low-cost launch capability. 
Subtitle C—Defense Intelligence 
and Intelligence-Related Activities 
SEC. 921. REVISION OF SECRETARY OF DEFENSE AUTHOR-
ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 
AS SECURITY FOR INTELLIGENCE COLLEC-
TION ACTIVITIES. 
(a) PERIOD
FOR
REQUIRED
AUDITS.—Section 
432(b)(2) of title 10, United States Code, is amended— 
(1) in the first sentence, by striking ‘‘annually’’ 
and inserting ‘‘biennially’’; and 
(2) in the second sentence, by striking ‘‘the in-
telligence committees’’ and all that follows and in-
serting ‘‘the congressional defense committees and 
the congressional intelligence committees (as defined 
in section 437(c)).’’. 
(b) REPEAL OF DESIGNATION OF DEFENSE INTEL-
LIGENCE AGENCY AS REQUIRED OVERSIGHT AUTHORITY 
WITHIN DEPARTMENT OF DEFENSE.—Section 436(4) of 
title 10, United States Code, is amended— 
(1) by striking ‘‘Defense Intelligence Agency’’ 
and inserting ‘‘Department of Defense’’; and
461 
(2) by striking ‘‘management and supervision’’ 
and inserting ‘‘oversight’’. 
(c) CONGRESSIONAL OVERSIGHT.—Section 437 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘the intel-
ligence committees’’ and inserting ‘‘congressional de-
fense committees and the congressional intelligence 
committees’’; 
(2) in subsection (b), by striking ‘‘the intel-
ligence committees’’ and inserting ‘‘congressional de-
fense committees and the congressional intelligence 
committees’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) CONGRESSIONAL INTELLIGENCE COMMITTEES 
DEFINED.—In this section, the term ‘congressional intel-
ligence committees’ has the meaning given the term in sec-
tion 3 of the National Security Act of 1947 (50 U.S.C. 
3003).’’. 
SEC. 922. DEPARTMENT OF DEFENSE INTELLIGENCE PRI-
ORITIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall— 
(1) establish a written policy governing the in-
ternal coordination and prioritization of intelligence
462 
priorities of the Office of the Secretary of Defense, 
the Joint Staff, the combatant commands, and the 
military departments to improve identification of the 
intelligence needs of the Department of Defense; 
(2) identify any significant intelligence gaps of 
the Office of the Secretary of Defense, the Joint 
Staff, the combatant commands, and the military 
departments; and 
(3) provide to the congressional defense com-
mittees, the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the Se-
lect Committee on Intelligence of the Senate a brief-
ing on the policy established under paragraph (1) 
and the gaps identified under paragraph (2). 
SEC. 923. DEFENSE CLANDESTINE SERVICE. 
(a) CERTIFICATION REQUIRED.—Not more than 50 
percent of the funds authorized to be appropriated by this 
Act or otherwise available to the Department of Defense 
for the Defense Clandestine Service for fiscal year 2014 
may be obligated or expended for the Defense Clandestine 
Service until such time as the Secretary of Defense cer-
tifies to the covered congressional committees that— 
(1) the Defense Clandestine Service is designed 
primarily to—
463 
(A) fulfill priorities of the Department of 
Defense that are unique to the Department of 
Defense or otherwise unmet; and 
(B) provide unique capabilities to the intel-
ligence community (as defined in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 
3003(4))); and 
(2) the Secretary of Defense has designed 
metrics that will be used to ensure that the Defense 
Clandestine Service is employed as described in 
paragraph (1). 
(b) ANNUAL ASSESSMENTS.—Not later than 120 
days after the date of the enactment of this Act, and annu-
ally thereafter for five years, the Secretary of Defense 
shall submit to the covered congressional committees a de-
tailed assessment of Defense Clandestine Service employ-
ment and performance based on the metrics referred to 
in subsection (a)(2). 
(c) NOTIFICATION OF FUTURE CHANGES TO DE-
SIGN.—Following the submittal of the certification re-
ferred to in subsection (a), in the event that any signifi-
cant change is made to the Defense Clandestine Service, 
the Secretary shall promptly notify the covered congres-
sional committees of the nature of such change.
464 
(d) QUARTERLY BRIEFINGS.—The Secretary of De-
fense shall quarterly provide to the covered congressional 
committees a briefing on the deployments and collection 
activities of personnel of the Defense Clandestine Service. 
(e) COVERED CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘covered congressional 
committees’’ means the congressional defense committees, 
the Permanent Select Committee on Intelligence of the 
House of Representatives, and the Select Committee on 
Intelligence of the Senate. 
SEC. 924. PROHIBITION ON NATIONAL INTELLIGENCE PRO-
GRAM CONSOLIDATION. 
(a) PROHIBITION.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense may be used during the period beginning on 
the date of the enactment of this Act and ending on De-
cember 31, 2014, to execute— 
(1) the separation of the National Intelligence 
Program budget from the Department of Defense 
budget; 
(2) the consolidation of the National Intel-
ligence Program budget within the Department of 
Defense budget; or
465 
(3) the establishment of a new appropriations 
account or appropriations account structure for the 
National Intelligence Program budget. 
(b) BRIEFING REQUIREMENT.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary of Defense and the Director of National Intelligence 
shall jointly provide to the congressional defense commit-
tees, the Permanent Select Committee on Intelligence of 
the House of Representatives, and the Select Committee 
on Intelligence of the Senate a briefing regarding any 
planning relating to the future execution of the activities 
described in subsection (a) that has occurred during the 
two-year period ending on such date and any anticipated 
future planning relating to such execution or related ef-
forts. 
(c) DEFINITIONS.—In this section: 
(1) NATIONAL INTELLIGENCE PROGRAM.—The 
term ‘‘National Intelligence Program’’ has the mean-
ing given the term in section 3 of the National Secu-
rity Act of 1947 (50 U.S.C. 3003). 
(2) NATIONAL INTELLIGENCE PROGRAM BUDG-
ET.—The term ‘‘National Intelligence Program 
budget’’ means the portions of the Department of 
Defense budget designated as part of the National 
Intelligence Program.
466 
Subtitle D—Cyberspace-Related 
Matters 
SEC. 931. MODIFICATION OF REQUIREMENT FOR INVEN-
TORY OF DEPARTMENT OF DEFENSE TAC-
TICAL DATA LINK SYSTEMS. 
Section 934(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (10 U.S.C. 2225 note; Pub-
lic Law 112–239; 126 Stat. 1885) is amended by inserting 
‘‘and an assessment of vulnerabilities to such systems in 
anti-access or area-denial environments’’ before the semi-
colon. 
SEC. 932. DEFENSE SCIENCE BOARD ASSESSMENT OF 
UNITED STATES CYBER COMMAND. 
(a) ASSESSMENT.—The Defense Science Board shall 
conduct an assessment of the organization, missions, and 
authorities of the United States Cyber Command. 
(b) ELEMENTS.—The assessment required by sub-
section (a) shall include the following: 
(1) A review of the existing organizational 
structure of the United States Cyber Command, in-
cluding— 
(A) the positive and negative impact on the 
Command resulting from a single individual si-
multaneously serving as the Commander of the
467 
United States Cyber Command and the Direc-
tor of the National Security Agency; 
(B) the oversight activities undertaken by 
the Commander and the Director with regard 
to the Command and the Agency, respectively, 
including how the respective oversight activities 
affect the ability of each entity to complete the 
respective missions of such entity; 
(C) the dependencies of the Command and 
the Agency on one another under the existing 
management structure of both entities, includ-
ing an examination of the advantages and dis-
advantages attributable to the unity of com-
mand and unity of effort resulting from a single 
individual simultaneously serving as the Com-
mander of the United States Cyber Command 
and the Director of the National Security Agen-
cy; 
(D) the ability of the existing management 
structure of the Command and the Agency to 
identify and adequately address potential con-
flicts of interest between the roles of the Com-
mander of the United States Cyber Command 
and the Director of the National Security Agen-
cy; and
468 
(E) the ability of the Department of De-
fense to train and develop, through professional 
assignment, individuals with the appropriate 
subject-matter expertise and management expe-
rience to support both the cyber operations mis-
sions of the Command and the signals intel-
ligence missions of the Agency. 
(2) A review of the missions of the Command, 
including whether the reliance of the Command on 
the Agency for critical warfighting infrastructure, 
organization, and personnel contributes to or de-
tracts from the ability of the Command to achieve 
the missions of the Command. 
(3) A review of how the Commander of the 
United States Cyber Command and the Director of 
the National Security Agency implement authorities 
where missions intersect to ensure that the activities 
of each entity are conducted only pursuant to the re-
spective authorities of each entity. 
(c) REPORT.— 
(1) REPORT REQUIRED.—Not later than 300 
days after the date of the enactment of this Act, the 
Defense Science Board shall submit to the Secretary 
of Defense, the Director of National Intelligence, the 
congressional defense committees, the Permanent
469 
Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intel-
ligence of the Senate a report containing— 
(A) the results of the assessment required 
by subsection (a); and 
(B) recommendations for improvements or 
changes to the organization, missions, or au-
thorities of the United States Cyber Command. 
(2) ADDITIONAL EVALUATION REQUIRED.—Not 
later than 60 days after the date on which the com-
mittees referred to in paragraph (1) receive the re-
port required by such paragraph, the Secretary of 
Defense and the Director of National Intelligence 
shall jointly submit to such committees an evalua-
tion of the findings and recommendations contained 
in such report. 
(3) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(d) INTELLIGENCE COMMUNITY DEFINED.—In this 
section, the term ‘‘intelligence community’’ has the mean-
ing given the term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)).
470 
SEC. 933. MISSION ANALYSIS FOR CYBER OPERATIONS OF 
DEPARTMENT OF DEFENSE. 
(a) MISSION ANALYSIS REQUIRED.—Not later than 
one year after the date of the enactment of this Act, the 
Secretary of Defense shall conduct a mission analysis of 
the cyber operations of the Department of Defense. 
(b) ELEMENTS.—The mission analysis under sub-
section (a) shall include the following: 
(1) The concept of operations and concept of 
employment for cyber operations forces. 
(2) An assessment of the manpower needs for 
cyber operations forces, including military require-
ments for both active and reserve components and 
civilian requirements. 
(3) An assessment of the mechanisms for im-
proving recruitment, retention, and management of 
cyber operations forces, including through focused 
recruiting; educational, training, or certification 
scholarships; bonuses; or the use of short-term or 
virtual deployments without the need for permanent 
relocation. 
(4) A description of the alignment of the orga-
nization and reporting chains of the Department, 
the military departments, and the combatant com-
mands.
471 
(5) An assessment of the current, as of the date 
of the analysis, and projected equipping needs of 
cyber operations forces. 
(6) An analysis of how the Secretary, for pur-
poses of cyber operations, depends upon organiza-
tions outside of the Department, including industry 
and international partners. 
(7) Methods for ensuring resilience, mission as-
surance, and continuity of operations for cyber oper-
ations. 
(8) An evaluation of the potential roles of the 
reserve components in the concept of operations and 
concept of employment for cyber operations forces 
required under paragraph (1). 
(c) REPORT REQUIRED.—Not later than 30 days 
after the completion of the mission analysis under sub-
section (a), the Secretary shall submit to the congressional 
defense committees a report containing— 
(1) the results of the mission analysis; and 
(2) recommendations for improving or changing 
the roles, organization, missions, concept of oper-
ations, or authorities related to the cyber operations 
of the Department. 
(d) NATIONAL GUARD ASSESSMENT.—Not later than 
30 days after the date on which the Secretary submits
472 
the report required under subsection (c), the Chief of the 
National Guard Bureau shall submit to the congressional 
defense committees an assessment of the role of the Na-
tional Guard in supporting the cyber operations mission 
of the Department of Defense as such mission is described 
in such report. 
(e) FORM.—The report under subsection (c) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
SEC. 934. NOTIFICATION OF INVESTIGATIONS RELATED TO 
COMPROMISE OF CRITICAL PROGRAM INFOR-
MATION. 
(a) NOTIFICATION OF INVESTIGATION INITIATION.— 
(1) NOTIFICATION.—Not later than 30 days 
after the date of the initiation of any investigation 
related to the potential compromise of Department 
of Defense critical program information related to a 
weapons system or other developmental activity, the 
Secretary of Defense shall submit to the congres-
sional defense committees a written notification of 
such investigation including the elements required 
under paragraph (2). 
(2) ELEMENTS.—The written notification re-
quired under paragraph (1) shall include, with re-
473 
spect to an investigation described in such sub-
section, the following elements: 
(A) A statement of the reason for such in-
vestigation. 
(B) An identification of each party affected 
by such investigation. 
(C) An identification of the party respon-
sible for conducting such investigation. 
(D) Any preliminary observations, find-
ings, or recommendations related to such inves-
tigation. 
(E) A timeline and methodology for con-
ducting such investigation. 
(b) NOTIFICATION OF COMPLETION OF CERTAIN IN-
VESTIGATIONS.—Not later than 30 days after the date of 
the completion of any investigation conducted or overseen 
by the Damage Assessment Management Office of the De-
partment of Defense, the Secretary of Defense shall sub-
mit to the congressional defense committees a written no-
tification of such investigation, including a summary of 
the findings and recommendations of such investigation, 
an estimate of the economic losses from the intrusion, and 
any additional actions needed to improve the protection 
of intellectual property.
474 
(c) REPORT
ON INTRUSIONS AFTER JANUARY 1, 
2000.—Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report detailing 
the known network cyber intrusions that occurred on or 
after January 1, 2000, and before August 1, 2013, and 
resulted in the compromise of critical program information 
related to a weapons system, information system develop-
ment, or another research and development initiative of 
the Department of Defense. Such report shall include a 
description of the critical program information that was 
compromised, the source of each network that was com-
promised, the systems or developmental activities that 
were compromised, an estimate of the economic losses 
from the intrusion, and the suspected origin of each cyber 
intrusion. 
SEC. 935. ADDITIONAL REQUIREMENTS RELATING TO THE 
SOFTWARE LICENSES OF THE DEPARTMENT 
OF DEFENSE. 
(a) UPDATED PLAN.— 
(1) UPDATE.—The Chief Information Officer of 
the Department of the Defense shall, in consultation 
with the chief information officers of the military de-
partments and the Defense Agencies, update the 
plan for the inventory of selected software licenses of
475 
the Department of Defense required under section 
937 of the National Defense Authorization Act for 
2013 (Public Law 112–239; 10 U.S.C. 2223 note) 
to include a plan for the inventory of all software li-
censes of the Department of Defense for which a 
military department spends more than $5,000,000 
annually on any individual title, including a compari-
son of licenses purchased with licenses installed and 
of those uninstalled and then reinstalled. 
(2) ELEMENTS.—The update required under 
paragraph (1) shall— 
(A) be done in a comprehensive and 
auditable format that is verified by an inde-
pendent third party; 
(B) include details on the process and 
business systems necessary to regularly perform 
reviews, a procedure for validating and report-
ing deregistering and registering new software, 
and a mechanism and plan to relay that infor-
mation to the enterprise provider; and 
(C) a proposed timeline for implementation 
of the updated plan in accordance with para-
graph (3). 
(3) IMPLEMENTATION.—Not later than Sep-
tember 30, 2013, the Chief Information Officer of
476 
the Department of Defense shall implement the up-
dated plan required under paragraph (1). 
(b) PERFORMANCE PLAN.—If the Chief Information 
Officer of the Department of Defense determines through 
the update required by subsection (a) that the number of 
software licenses of the Department for an individual title 
for which a military department spends greater than 
$5,000,000 annually exceeds the needs of the Department 
for such software licenses, or the inventory discloses that 
there is a discrepancy between the number of software li-
censes purchased and those in actual use, the Secretary 
of Defense shall implement a plan to bring the number 
of such software licenses into balance with the needs of 
the Department and the terms of any relevant contract. 
SEC. 936. LIMITATION ON AVAILABILITY OF FUNDS FOR 
COLLABORATIVE 
CYBERSECURITY 
ACTIVI-
TIES WITH CHINA. 
None of the funds authorized to be appropriated by 
this Act may be used for collaborative cybersecurity activi-
ties with the People’s Republic of China or any entity 
owned or controlled by China, including cybersecurity war 
games, cybersecurity working groups, the exchange of 
classified cybersecurity technologies or methods, and the 
exchange of procedures for investigating cyber intrusions.
477 
SEC. 937. SMALL BUSINESS CYBERSECURITY SOLUTIONS 
OFFICE. 
(a) ESTABLISHMENT.—The Secretary of Defense 
shall submit a report to the Congress on the feasibility 
of establishing a small business cyber technology office to 
assist small business concerns in providing cybersecurity 
solutions to the Federal Government. 
(b) DEFINITIONS.—In this section, the terms ‘‘small 
business concern’’ has the meaning given such term in sec-
tion 3 of the Small Business Act. 
SEC. 938. SMALL BUSINESS CYBER EDUCATION. 
The Secretary of Defense shall establish an outreach 
and education program to assist small businesses (as de-
fined in section 3 of the Small Business Act (15 U.S.C. 
632)) contracted by the Department of Defense to assist 
such businesses to— 
(1) understand the gravity and scope of cyber 
threats; 
(2) develop a plan to protect intellectual prop-
erty; and 
(3) develop a plan to protect the networks of 
such businesses.
478 
Subtitle E—Total Force 
Management 
SEC. 941. REQUIREMENT TO ENSURE SUFFICIENT LEVELS 
OF GOVERNMENT OVERSIGHT OF FUNCTIONS 
CLOSELY ASSOCIATED WITH INHERENTLY 
GOVERNMENTAL FUNCTIONS. 
(a) REQUIREMENT.—Section 129a of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(g) REQUIREMENT
FOR OVERSIGHT
OR APPRO-
PRIATE CORRECTIVE ACTIONS.—For purposes of sub-
section (f)(3)(B), if insufficient levels of Government over-
sight are found, the Secretary of the military department 
or head of the Defense Agency responsible shall provide 
such oversight or take appropriate corrective actions, in-
cluding potential conversion to Government performance, 
consistent with this section and sections 129 and 2463 
of this title.’’. 
(b) AMENDMENT RELATING TO REVIEW OF CERTAIN 
CONTRACTS.—Subsection (e)(2)(C) of section 2330a of 
such title is amended by adding after ‘‘governmental func-
tions’’ the following: ‘‘in which there is inadequate over-
sight of the contractor personnel performing such func-
tions’’.
479 
SEC. 942. FIVE-YEAR REQUIREMENT FOR CERTIFICATION 
OF 
APPROPRIATE 
MANPOWER 
PERFORM-
ANCE. 
Section 2330a of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (g) and (h) as 
subsections (h) and (i), respectively; and 
(2) by inserting after subsection (f) the fol-
lowing new section (g): 
‘‘(g) CERTIFICATIONS OF APPROPRIATE MANPOWER 
PERFORMANCE.—(1) Beginning in fiscal year 2014 and 
continuing through fiscal year 2018, the Secretary of De-
fense, or an official designated personally by the Sec-
retary, no later than February 1 of each reporting year, 
shall submit to the congressional defense committees the 
findings of the reviews required under subsection (e) and 
certify in writing that— 
‘‘(A) all Department of Defense contractor posi-
tions identified as being responsible for the perform-
ance of inherently governmental functions have been 
eliminated; 
‘‘(B) each Department of Defense contract that 
is a personal services contract has been entered into, 
and is being performed, in accordance with applica-
ble laws and regulations; and
480 
‘‘(C) any contract for services that includes any 
functions that are closely associated with inherently 
governmental functions or designated as critical have 
been reviewed to determine if those activities should 
be— 
‘‘(i) subject to action pursuant to section 
2463 of this title; or 
‘‘(ii) converted to an acquisition approach 
that would be more advantageous to the De-
partment of Defense. 
‘‘(2) If the certifications required in paragraph (1) 
are not submitted by the date required in a reporting year, 
the Inspector General of the Department of Defense shall 
assess the Department’s compliance with subsection (e) 
and determine why the Secretary could not make the cer-
tifications required in paragraph (1). The Inspector Gen-
eral shall submit to the congressional defense committees, 
not later than May 1 of the reporting year, a report on 
such assessment and determination. 
‘‘(3) Not later than May 1 of each reporting year, 
the Comptroller General of the United States shall submit 
to the congressional defense committees a report con-
taining the Comptroller General’s assessment of the re-
views conducted under subsection (e) and the actions 
taken to resolve the findings of the reviews.’’.
481 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2014 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $3,500,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by sub-
section (a) to transfer authorizations—
482 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the Committee on the Budget of the 
House of Representatives, as long as such statement has 
been submitted prior to the vote on passage of this Act.
483 
SEC. 1003. AUDIT OF DEPARTMENT OF DEFENSE FISCAL 
YEAR 2018 FINANCIAL STATEMENTS. 
(a) SENSE OF CONGRESS.—Congress— 
(1) reaffirms the findings of the Panel on De-
fense Financial Management and Auditability Re-
form of the Committee on Armed Services of the 
House of Representatives; 
(2) points to the Government Accountability Of-
fice’s most recent High Risk List recommendations; 
(3) is encouraged by the important progress the 
Department of Defense has made in achieving 
auditability; and 
(4) stands ready to continue helping in this ef-
fort. 
(b) SENSE OF CONGRESS ON DOD FINANCIAL MAN-
AGEMENT REFORM.—It is the sense of Congress that, in 
the aftermath of the effects of sequestration as enacted 
by the Budget Control Act of 2011 (Public Law 112–25), 
financial management reform is imperative, and the De-
partment of Defense should place continued importance 
on, and remain vigilant in, its financial management re-
form efforts. 
(c) AUDIT OF DOD FINANCIAL STATEMENTS.—In 
addition 
to 
the 
requirement 
under 
section 
1003(a)(2)(A)(ii) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C.
484 
2222 note) that the Financial Improvement and Audit 
Readiness Plan describe specific actions to be taken and 
the costs associated with ensuring that the financial state-
ments of the Department of Defense are validated as 
ready for audit by not later than September 30, 2017, 
upon the conclusion of fiscal year 2018, the Secretary of 
Defense shall ensure that a full audit is performed on the 
financial statements of the Department of Defense for 
such fiscal year. The Secretary shall submit to Congress 
the results of that audit by not later than March 31, 2019. 
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION TO SUSTAIN NUCLEAR WEAPONS MOD-
ERNIZATION. 
(a) TRANSFER AUTHORIZED.—If the amount author-
ized to be appropriated for the weapons activities of the 
National Nuclear Security Administration under section 
3101 or otherwise made available for fiscal year 2014 is 
less than $8,400,000,000 (the amount projected to be re-
quired for such activities in fiscal year 2014 as specified 
in the report under section 1251 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2549)), the Secretary of Defense may trans-
fer, from amounts authorized to be appropriated for the 
Department of Defense for fiscal year 2014 pursuant to
485 
this Act, to the Secretary of Energy an amount, not to 
exceed $150,000,000, to be available only for weapons ac-
tivities of the National Nuclear Security Administration. 
(b) NOTICE TO CONGRESS.—In the event of a trans-
fer under subsection (a), the Secretary of Defense shall 
promptly notify Congress of the transfer, and shall include 
in such notice the Department of Defense account or ac-
counts from which funds are transferred. 
(c) TRANSFER MECHANISM.—Any funds transferred 
under this section shall be transferred in accordance with 
established procedures for reprogramming under section 
1001 or successor provisions of law. 
(d) CONSTRUCTION OF AUTHORITY.—The transfer 
authority provided under subsection (a) is in addition to 
any other transfer authority provided under this Act. 
Subtitle B—Counter-Drug 
Activities 
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as most recently amended by 
section 1010 of the National Defense Authorization Act
486 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 
1907), is amended— 
(1) in subsection (a), by striking ‘‘2013’’ and 
inserting ‘‘2014’’; and 
(2) in subsection (c), by striking ‘‘2013’’ and 
inserting ‘‘2014’’. 
SEC. 1012. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 117 
Stat. 1594; 10 U.S.C. 371 note), as most recently amend-
ed by section 1011 of the National Defense Authorization 
Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 
1907) is amended by striking ‘‘2013’’ and inserting 
‘‘2014’’. 
SEC. 1013. TWO-YEAR EXTENSION OF AUTHORITY TO PRO-
VIDE ADDITIONAL SUPPORT FOR COUNTER- 
DRUG ACTIVITIES OF CERTAIN FOREIGN 
GOVERNMENTS. 
Subsection (a)(2) of section 1033 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1881), as most recently amended by 
section 1006(a) of the National Defense Authorization Act
487 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1557), is amended by striking ‘‘2013’’ and inserting 
‘‘2015’’. 
SEC. 1014. SENSE OF CONGRESS REGARDING THE NA-
TIONAL GUARD COUNTER-NARCOTIC PRO-
GRAM. 
It is the sense of Congress that— 
(1) the National Guard Counter-Narcotic Pro-
gram is a valuable tool to counter-drug operations 
across the United States, especially on the southwest 
border; 
(2) the National Guard has an important role 
in combating drug trafficking into the United 
States; and 
(3) the program should received continued 
funding. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. CLARIFICATION OF SOLE OWNERSHIP RESULT-
ING FROM SHIP DONATIONS AT NO COST TO 
THE NAVY. 
(a) CLARIFICATION
OF TRANSFER AUTHORITY.— 
Subsection (a) of section 7306 of title 10, United States 
Code, is amended to read as follows:
488 
‘‘(a) AUTHORITY TO MAKE TRANSFER.—The Sec-
retary of the Navy may convey, by donation, all right, title, 
and interest to any vessel stricken from the Naval Vessel 
Register or any captured vessel, for use as a museum or 
memorial for public display in the United States, to— 
‘‘(1) any State, the District of Columbia, any 
Commonwealth or possession of the United States, 
or any municipal corporation or political subdivision 
thereof; or 
‘‘(2) any nonprofit entity.’’. 
(b) CLARIFICATION OF LIMITATIONS ON LIABILITY 
AND RESPONSIBILITY.—Subsection (b) of such section is 
amended to read as follows: 
‘‘(b) LIMITATIONS
ON LIABILITY
AND RESPONSI-
BILITY.—(1) The United States and all departments and 
agencies thereof, and their officers and employees, shall 
not be liable at law or in equity for any injury or damage 
to any person or property occurring on a vessel donated 
under this section. 
‘‘(2) Notwithstanding any other law, the United 
States and all departments and agencies thereof, and their 
officers and employees, shall have no responsibility or obli-
gation to make, engage in, or provide funding for, any im-
provement, upgrade, modification, maintenance, preserva-
tion, or repair to a vessel donated under this section.’’.
489 
(c) CLARIFICATION THAT TRANSFERS TO BE MADE 
AT NO COST TO UNITED STATES.—Subsection (c) of such 
section is amended by inserting after ‘‘under this section’’ 
the following: ‘‘, the maintenance and preservation of that 
vessel as a museum or memorial, and the ultimate disposal 
of that vessel, including demilitarization of Munitions List 
items at the end of the useful life of the vessel as a mu-
seum or memorial,’’. 
(d) APPLICATION OF ENVIRONMENTAL LAWS; DEFI-
NITIONS.—Such section is further amended by adding at 
the end the following new subsections: 
‘‘(e) APPLICATION
OF ENVIRONMENTAL LAWS.— 
Nothing in this section shall affect the applicability of 
Federal, State, interstate, and local environmental laws 
and regulations, including the Toxic Substances Control 
Act (15 U.S.C. 2601 et seq.) and the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), to the Department of De-
fense or to a donee. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘nonprofit entity’ means any en-
tity qualifying as an exempt organization under sec-
tion 501(c)(3) of the Internal Revenue Code of 
1986.
490 
‘‘(2) The term ‘Munitions List’ means the 
United States Munitions List created and controlled 
under section 38 of the Arms Export Control Act 
(22 U.S.C. 2778). 
‘‘(3) The term ‘donee’ means any entity receiv-
ing a vessel pursuant to subsection (a).’’. 
(e) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 7306. Vessels stricken from Naval Vessel Register; 
captured vessels: conveyance by dona-
tion’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 633 of such title is amended to read as 
follows: 
‘‘7306. Vessels stricken from Naval Vessel Register; captured vessels: convey-
ance by donation.’ ’’’. 
SEC. 1022. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION 
OF 
TICONDEROGA 
CLASS 
CRUISERS OR DOCK LANDING SHIPS. 
(a) LIMITATION ON AVAILABILITY OF FUNDS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds authorized to be appro-
priated by this Act or otherwise made available for 
fiscal year 2014 for the Department of Defense may
491 
be obligated or expended to retire, prepare to retire, 
inactivate, or place in storage a cruiser or dock land-
ing ship. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), the funds referred to in such subsection may be 
obligated or expended to retire the U.S.S. Denver, 
LPD9. 
(b) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Subject to the availability of 
appropriations for such purpose, the Secretary of 
Defense may transfer amounts of authorizations 
made available to the Department of Defense for fis-
cal year 2013 specifically for the modernization of 
vessels referred to in subsection (a)(1). Amounts of 
authorizations so transferred shall be merged with 
and be available for the same purposes as the au-
thorization to which transferred. 
(2) LIMITATION.—The total amount of author-
izations that the Secretary may transfer under the 
authority of this subsection may not exceed 
$914,676,000. 
(3) ADDITIONAL AUTHORITY.—The transfer au-
thority provided by this subsection is in addition to 
the transfer authority provided under section 1001 
of this Act and under section 1001 of the National
492 
Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 1902). 
SEC. 1023. REPAIR OF VESSELS IN FOREIGN SHIPYARDS. 
(a) NONHOMEPORTED VESSELS.—Subsection (a) of 
section 7310 of title 10, United States Code, is amended— 
(1) by striking ‘‘A naval’’ and inserting ‘‘(1) A 
naval’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) For purposes of this section, a naval vessel that 
does not have a designated homeport shall be treated as 
being homeported in the United States or Guam.’’. 
(b) VOYAGE
REPAIR.—Such section is further 
amended— 
(1) in subsection (c)(3)(C), by striking ‘‘as de-
fined in Commander Military Sealift Command In-
struction 4700.15C (September 13, 2007) or Joint 
Fleet Maintenance Manual (Commander Fleet 
Forces Command Instruction 4790.3 Revision A, 
Change 7), Volume III’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) VOYAGE REPAIR DEFINED.—In this section, the 
term ‘voyage repair’ has the meaning given such term in 
Navy Instruction COMFLTFORCOMINST 4790.3B.’’.
493 
SEC. 1024. SENSE OF CONGRESS REGARDING A BALANCED 
FUTURE NAVAL FORCE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The battle force of the Navy must be suffi-
ciently sized and balanced in capability to meet cur-
rent and anticipated future national security objec-
tives. 
(2) A robust and balanced naval force is re-
quired for the Department of Defense to fully exe-
cute the President’s National Security Strategy. 
(3) To develop and sustain required capabilities 
the Navy must balance investment and maintenance 
costs across various ship types, including— 
(A) aircraft carriers; 
(B) surface combatants; 
(C) submarines; 
(D) amphibious assault ships; and 
(E) other auxiliary vessels, including sup-
port vessels operated by the Military Sealift 
Command. 
(4) Despite a Marine Corps requirement for 38 
amphibious assault ships, the Navy possesses only 
30 amphibious assault ships with an average of 22 
ships available for surge deployment.
494 
(5) The inadequate level of investment in Navy 
shipbuilding over the last 20 years has resulted in— 
(A) a fragile shipbuilding industrial base, 
both in the construction yards and secondary 
suppliers of materiel and equipment; and 
(B) increased costs per vessel stemming 
from low production volume. 
(6) The Department of Defense, Military Con-
struction and Veterans Affairs, and Full-Year Con-
tinuing Appropriations Act for Fiscal Year 2013 
provided $263,000,000 towards the advance procure-
ment of materiel and equipment required to continue 
the San Antonio LPD 17 amphibious transport dock 
class to a total of 12 ships, a key first step in rebal-
ancing the amphibious assault ship force structure. 
(b) SENSE OF CONGRESS.—It is the Sense of Con-
gress that— 
(1) the Department of Defense and the Depart-
ment of the Navy must prioritize funding towards 
increased shipbuilding rates to enable the Navy to 
meet the full-range of combatant commander re-
quests; 
(2) the Department of the Navy’s future budget 
requests and the Long Range Plan for the Construc-
tion of Naval Forces must realistically anticipate
495 
and reflect the true investment necessary to meet 
stated force structure goals; 
(3) without modification to Long Range Plan 
for the Construction of Naval Forces shipbuilding 
plan, the future of the industrial base that enables 
construction of large, combat-survivable amphibious 
assault ships is at significant risk; and 
(4) the Department of Defense and Congress 
should act expeditiously to restore the force struc-
ture and capability balance of the Navy fleet as 
quickly as possible. 
SEC. 1025. AUTHORITY FOR SHORT-TERM EXTENSION OR 
RENEWAL OF LEASES FOR VESSELS SUP-
PORTING THE TRANSIT PROTECTION SYSTEM 
ESCORT PROGRAM. 
(a) IN GENERAL.—Notwithstanding section 2401 of 
title 10, United States Code, the Secretary of the Navy 
may extend or renew the lease of not more than four 
blocking vessels supporting the Transit Protection System 
Escort Program after the date of the expiration of the 
lease of such vessels, as in effect on the date of the enact-
ment of this Act. Such an extension shall be for a term 
that is the shorter of— 
(1) the period beginning on the date of the ex-
piration of the lease in effect on the date of the en-
496 
actment of this Act and ending on the date on which 
the Secretary determines that a substitute is avail-
able for the capabilities provided by the lease, or 
that the capabilities provided by the vessel are no 
longer required; or 
(2) 180 days. 
(b) FUNDING.—Amounts authorized to be appro-
priated by section 301 and available for operation and 
maintenance, Navy, as specified in the funding tables in 
section 4301, may be available for the extension or re-
newal of a lease under subsection (a). 
(c) NOTICE TO CONGRESS.—Prior to extending or re-
newing a lease under subsection (a), the Secretary of the 
Navy shall submit to the congressional defense committees 
notification of the proposed extension or renewal. Such no-
tification shall include— 
(1) a detailed description of the term of the 
proposed contract for the extension or renewal of the 
lease and a justification for extending or renewing 
the lease rather than obtaining the capability pro-
vided for by the lease, charter, or services involved 
through purchase of the vessel; and 
(2) a plan for meeting the capability provided 
for by the lease upon the completion of the term of
497 
the lease contract, as extended or renewed under 
subsection (a). 
SEC. 1026. REPORT COMPARING COSTS OF DDG 1000 AND 
DDG 51 FLIGHT III SHIPS. 
Not later than March 15, 2014, the Secretary of the 
Navy shall submit to the congressional defense committees 
a report providing an updated comparison of the costs and 
risks of acquiring DDG 1000 and DDG 51 Flight III ves-
sels equipped for enhanced ballistic missile defense capa-
bility. The report shall include each of the following: 
(1) An updated estimate of the total cost to de-
velop, procure, operate, and support ballistic missile 
defense capable DDG 1000 destroyers equipped with 
the air and missile defense radar that would be pro-
cured in addition to the three prior-year-funded 
DDG 1000 class ships, and in lieu of Flight III 
DDG–51 destroyers. 
(2) The estimate of the Secretary of the total 
cost of the current plan to develop, procure, operate, 
and support Flight III DDG 51 destroyers. 
(3) Details on the assumed ballistic missile de-
fense requirements and construction schedules for 
both the DDG 1000 and DDG 51 Flight III de-
stroyers referred to in paragraphs (1) and (2), re-
spectively.
498 
(4) An updated comparison of the program 
risks and the resulting ship capabilities in all dimen-
sions (not just ballistic missile defense) of the op-
tions referred to in paragraphs (1) and (2). 
(5) Any other information the Secretary deter-
mines appropriate. 
SEC. 1027. SENSE OF CONGRESS ON ESTABLISHMENT OF 
AN ADVISORY BOARD ON TOXIC SUBSTANCES 
AND WORKER HEALTH. 
It is the sense of Congress that the President should 
establish an Advisory Board on Toxic Substances and 
Worker Health, as described in the report of the Comp-
troller General of the United States titled ‘‘Energy Em-
ployees Compensation: Additional Independent Oversight 
and Transparency Would Improve Program’s Credibility’’, 
numbered GAO–10–302, to— 
(1) advise the President concerning the review 
and approval of the Department of Labor site expo-
sure matrix; 
(2) conduct periodic peer reviews of, and ap-
prove, medical guidance for part E claims examiners 
with respect to the weighing of a claimant’s medical 
evidence;
499 
(3) obtain periodic expert review of evidentiary 
requirements for part B claims related to lung dis-
ease regardless of approval; 
(4) provide oversight over industrial hygienists, 
Department of Labor staff physicians, and Depart-
ment of Labor’s consulting physicians and their re-
ports to ensure quality, objectivity, and consistency; 
and 
(5) coordinate exchanges of data and findings 
with the Advisory Board on Radiation and Worker 
Health to the extent necessary (under section 3624 
the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 7384o). 
Subtitle D—Counterterrorism 
SEC. 1030. CLARIFICATION OF PROCEDURES FOR USE OF 
ALTERNATE MEMBERS ON MILITARY COM-
MISSIONS. 
(a) PRIMARY AND ALTERNATE MEMBERS.— 
(1) NUMBER OF MEMBERS.—Subsection (a) of 
section 948m of title 10, United States Code, is 
amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘at least five members’’ 
and inserting ‘‘at least five primary mem-
500 
bers and as many alternate members as 
the convening authority shall detail’’; and 
(ii) by adding at the end the following 
new sentence: ‘‘Alternate members shall be 
designated in the order in which they will 
replace an excused primary member.’’; and 
(B) in paragraph (2), by inserting ‘‘pri-
mary’’ after ‘‘the number of’’. 
(2) GENERAL RULES.—Such section is further 
amended— 
(A) by redesignating subsection (b) and (c) 
as subsections (d) and (e), respectively; and 
(B) by inserting after subsection (a) the 
following new subsections (b) and (c): 
‘‘(b) PRIMARY MEMBERS.—Primary members of a 
military commission under this chapter are voting mem-
bers. 
‘‘(c) ALTERNATE MEMBERS.—(1) A military commis-
sion may include alternate members to replace primary 
members who are excused from service on the commission. 
‘‘(2) Whenever a primary member is excused from 
service on the commission, an alternate member, if avail-
able, shall replace the excused primary member and the 
trial may proceed.’’.
501 
(3) EXCUSE OF MEMBERS.—Subsection (d) of 
such section, as redesignated by paragraph (2)(A), is 
amended— 
(A) in the matter before paragraph (1), by 
inserting ‘‘primary or alternate’’ before ‘‘mem-
ber’’; 
(B) by striking ‘‘or’’ at the end of para-
graph (2); 
(C) by striking the period at the end of 
paragraph (3) and inserting ‘‘; or’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of an alternate member, in 
order to reduce the number of alternate members re-
quired for service on the commission, as determined 
by the convening authority.’’. 
(4) ABSENT AND ADDITIONAL MEMBERS.—Sub-
section (e) of such section, as redesignated by para-
graph (2)(A), is amended— 
(A) in the first sentence— 
(i) by inserting ‘‘the number of pri-
mary members of’’ after ‘‘Whenever’’; 
(ii) by inserting ‘‘primary’’ before 
‘‘members required by’’; and
502 
(iii) by inserting ‘‘and there are no re-
maining alternate members to replace the 
excused primary members’’ after ‘‘sub-
section (a)’’; and 
(B) by adding at the end the following new 
sentence: ‘‘An alternate member who was 
present for the introduction of all evidence shall 
not be considered to be a new or additional 
member.’’. 
(b) CHALLENGES.—Section 949f of such title is 
amended— 
(1) in subsection (a), by inserting ‘‘primary or 
alternate’’ before ‘‘member’’; and 
(2) by adding at the end of subsection (b) the 
following new sentence: ‘‘Nothing in this section pro-
hibits the military judge from awarding to each 
party such additional peremptory challenges as may 
be required in the interests of justice.’’. 
(c) NUMBER OF VOTES REQUIRED.—Section 949m 
of such title is amended— 
(1) by inserting ‘‘primary’’ before ‘‘members’’ 
each place it appears; and 
(2) by adding at the end of subsection (b) the 
following new paragraph:
503 
‘‘(4) The primary members present for a vote on a 
sentence need not be the same primary members who 
voted on the conviction if the requirements of section 
948m(d) of this title are met.’’. 
SEC. 1031. MODIFICATION OF REGIONAL DEFENSE COM-
BATING TERRORISM FELLOWSHIP PROGRAM 
REPORTING REQUIREMENT. 
(a) IN GENERAL.—Section 2249c(c) of title 10, 
United States Code, is amended— 
(1) in paragraph (3), by inserting ‘‘, including 
engagement activities for program alumni,’’ after 
‘‘effectiveness of the program’’; 
(2) in paragraph (4), by inserting after ‘‘pro-
gram’’ the following: ‘‘, including a list of any un-
funded or unmet training requirements and re-
quests’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) A discussion and justification of how the 
program fits within the theater security priorities of 
each of the commanders of the geographic combat-
ant commands.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to a report sub-
504 
mitted for a fiscal year beginning after the date of the 
enactment of this Act. 
SEC. 1032. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR MODIFY FACILITIES IN THE UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense may be used during the period beginning on 
the date of the enactment of this Act and ending on De-
cember 31, 2014, to construct or modify any facility in 
the United States, its territories, or possessions to house 
any individual detained at Guantanamo for the purposes 
of detention or imprisonment in the custody or under the 
control of the Department of Defense unless authorized 
by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ has the meaning given that term in section 
1033(f)(2).
505 
SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELAT-
ING TO THE TRANSFER OF DETAINEES AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR
TO TRANS-
FER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (d), the Secretary of De-
fense may not use any amounts authorized to be ap-
propriated or otherwise available to the Department 
of Defense to transfer, during the period beginning 
on the date of the enactment of this Act and ending 
on December 31, 2014, any individual detained at 
Guantanamo to the custody or control of the individ-
ual’s country of origin, any other foreign country, or 
any other foreign entity unless the Secretary sub-
mits to Congress the certification described in sub-
section (b) not later than 30 days before the trans-
fer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction
506 
(which the Secretary shall notify Congress of 
promptly after issuance). 
(b) CERTIFICATION.—A certification described in this 
subsection is a written certification made by the Secretary 
of Defense, with the concurrence of the Secretary of State 
and in consultation with the Director of National Intel-
ligence, that— 
(1) the government of the foreign country or 
the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to 
be transferred— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
tially affect its ability to exercise control over 
the individual; 
(D) has taken or agreed to take effective 
actions to ensure that the individual cannot
507 
take action to threaten the United States, its 
citizens, or its allies in the future; 
(E) has taken or agreed to take such ac-
tions as the Secretary of Defense determines 
are necessary to ensure that the individual can-
not engage or reengage in any terrorist activity; 
and 
(F) has agreed to share with the United 
States any information that— 
(i) is related to the individual or any 
associates of the individual; and 
(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or en-
tity in relation to the Secretary’s certifications. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED 
RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in para-
graph (2) and subsection (d), the Secretary of De-
fense may not use any amounts authorized to be ap-
propriated or otherwise made available to the De-
partment of Defense to transfer any individual de-
tained at Guantanamo to the custody or control of
508 
the individual’s country of origin, any other foreign 
country, or any other foreign entity if there is a con-
firmed case of any individual who was detained at 
United States Naval Station, Guantanamo Bay, 
Cuba, at any time after September 11, 2001, who 
was transferred to such foreign country or entity 
and subsequently engaged in any terrorist activity. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance). 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN
GENERAL.—The Secretary of Defense 
may waive the applicability to a detainee transfer of 
a certification requirement specified in subparagraph 
(D) or (E) of subsection (b)(1) or the prohibition in 
subsection (c), if the Secretary certifies the rest of 
the criteria required by subsection (b) for transfers 
prohibited by subsection (c) and, with the concur-
rence of the Secretary of State and in consultation
509 
with the Director of National Intelligence, deter-
mines that— 
(A) alternative actions will be taken to ad-
dress the underlying purpose of the requirement 
or requirements to be waived; 
(B) in the case of a waiver of subpara-
graph (D) or (E) of subsection (b)(1), it is not 
possible to certify that the risks addressed in 
the paragraph to be waived have been com-
pletely eliminated, but the actions to be taken 
under subparagraph (A) will substantially miti-
gate such risks with regard to the individual to 
be transferred; 
(C) in the case of a waiver of subsection 
(c), the Secretary has considered any confirmed 
case in which an individual who was transferred 
to the country subsequently engaged in terrorist 
activity, and the actions to be taken under sub-
paragraph (A) will substantially mitigate the 
risk of recidivism with regard to the individual 
to be transferred; and 
(D) the transfer is in the national security 
interests of the United States. 
(2) REPORTS.—Whenever the Secretary makes 
a determination under paragraph (1), the Secretary
510 
shall submit to the appropriate committees of Con-
gress, not later than 30 days before the transfer of 
the individual concerned, the following: 
(A) A copy of the determination and the 
waiver concerned. 
(B) A statement of the basis for the deter-
mination, including— 
(i) an explanation why the transfer is 
in the national security interests of the 
United States; 
(ii) in the case of a waiver of subpara-
graph (D) or (E) of subsection (b)(1), an 
explanation why it is not possible to certify 
that the risks addressed in the paragraph 
to be waived have been completely elimi-
nated; and 
(iii) a classified summary of— 
(I) the individual’s record of co-
operation while in the custody of or 
under the effective control of the De-
partment of Defense; and 
(II) the agreements and mecha-
nisms in place to provide for con-
tinuing cooperation.
511 
(C) A summary of the alternative actions 
to be taken to address the underlying purpose 
of, and to mitigate the risks addressed in, the 
paragraph or subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) RECORD OF COOPERATION.—In assessing the risk 
that an individual detained at Guantanamo will engage in 
terrorist activity or other actions that could affect the se-
curity of the United States if released for the purpose of 
making a certification under subsection (b) or a waiver 
under subsection (d), the Secretary of Defense may give 
favorable consideration to any such individual— 
(1) who has substantially cooperated with 
United States intelligence and law enforcement au-
thorities, pursuant to a pre-trial agreement, while in 
the custody of or under the effective control of the 
Department of Defense; and 
(2) for whom agreements and effective mecha-
nisms are in place, to the extent relevant and nec-
essary, to provide for continued cooperation with 
United States intelligence and law enforcement au-
thorities. 
(f) DEFINITIONS.—In this section:
512 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, the Committee 
on Foreign Relations, and the Select Committee 
on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, the Committee 
on Foreign Affairs, and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives. 
(2) The term ‘‘individual detained at Guanta-
namo’’ means any individual located at United 
States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba.
513 
(3) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 1034. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
No amounts authorized to be appropriated or other-
wise made available to the Department of Defense may 
be used during the period beginning on the date of the 
enactment of this Act and ending on December 31, 2014, 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
of Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after January 20, 
2009, at United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense. 
SEC. 1035. UNCLASSIFIED SUMMARY OF INFORMATION RE-
LATING 
TO 
INDIVIDUALS 
DETAINED 
AT 
PARWAN, AFGHANISTAN. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall make pub-
514 
licly available an unclassified summary of information re-
lating to the individuals detained by the Department of 
Defense at the Detention Facility at Parwan, Afghanistan, 
pursuant to the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note) who have been 
determined to represent an enduring security threat to the 
United States. Such summary shall cover any individual 
detained at such facility as of the date of the enactment 
of this Act and any individual so detained during the two- 
year period preceding the date of the enactment of this 
Act. Such summary shall include for each such covered 
individual— 
(1) a description of the relevant organization or 
organizations with which the individual is affiliated; 
(2) whether the individual had ever been in the 
custody or under the effective control of the United 
States at any time before being detained at such fa-
cility and, if so, where the individual had been in 
such custody or under such effective control; and 
(3) whether the individual has been directly 
linked to the death of any member of the United 
States Armed Forces or any United States Govern-
ment employee.
515 
SEC. 1036. ASSESSMENT OF AFFILIATES AND ADHERENTS 
OF AL-QAEDA OUTSIDE THE UNITED STATES. 
Not later than 120 days after the date of the enact-
ment of this Act, the President, acting through the Sec-
retary of Defense, shall submit to the congressional de-
fense committees the Committee on Foreign Relations of 
the Senate, and the Committee on Foreign Affairs of the 
House of Representatives an assessment containing each 
of the following: 
(1) An identification of any group operating 
outside the United States that is an affiliate or ad-
herent of, or otherwise related to, al-Qaeda. 
(2) A summary of relevant information relating 
to each such group, including— 
(A) the extent to which members or leaders 
of the group have— 
(i) conducted or planned to conduct 
lethal or significant operations outside the 
borders of the state or states in which the 
group ordinarily operates; 
(ii) conducted fundraising or recruit-
ing outside the borders of such state or 
states; and 
(iii) have demonstrated any interest in 
conducting activities described in clauses
516 
(i) and (ii) outside the borders of such 
state or states; 
(B) the extent to which the connection of 
the group to the senior leadership of al-Qaeda 
has changed over time; and 
(C) whether the group has attacked or 
planned to purposefully attack United States 
citizens, members of Armed Forces of the 
United States, or other representatives of the 
United States, or is likely to do so in the fu-
ture. 
(3) An assessment of whether each group is 
part of or substantially supporting al-Qaeda or the 
Taliban, or constitutes an associated force that is 
engaged in hostilities against the United States or 
its coalition partners for purposes of interpreting the 
scope of section 2 of the Authorization for Use of 
Military Force (Public Law 107–40; 115 Stat. 224; 
50 U.S.C. 1541 note). 
(4) The criteria used to determine the nature 
and extent of each group’s relationship to al-Qaeda.
517 
SEC. 1037. DESIGNATION OF DEPARTMENT OF DEFENSE 
SENIOR OFFICIAL FOR FACILITATING THE 
TRANSFER OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall— 
(1) designate a senior official of the Depart-
ment of Defense as the official with principal re-
sponsibility for coordination and management of the 
transfer of individuals detained at United States 
Naval Station, Guantanamo Bay, Cuba; and 
(2) set forth the responsibilities of that senior 
official with respect to such transfers. 
SEC. 1038. RANK OF CHIEF PROSECUTOR AND CHIEF DE-
FENSE COUNSEL IN MILITARY COMMISSIONS 
ESTABLISHED 
TO 
TRY 
INDIVIDUALS 
DE-
TAINED AT GUANTANAMO. 
For purposes of any military commission established 
under chapter 47A of title 10, United States Code, to try 
an alien unprivileged enemy belligerent (as such terms are 
defined in section 948a of such title) who is detained at 
United States Naval Station, Guantanamo Bay, Cuba, the 
chief defense counsel and the chief prosecutor shall have 
the same rank.
518 
SEC. 1039. REPORT ON CAPABILITY OF YEMENI GOVERN-
MENT TO DETAIN, REHABILITATE, AND PROS-
ECUTE INDIVIDUALS DETAINED AT GUANTA-
NAMO WHO ARE TRANSFERRED TO YEMEN. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense and the Sec-
retary of State shall jointly submit to the congressional 
defense committees, the Committee on Foreign Affairs of 
the House of Representatives, and the Committee on For-
eign Relations of the Senate a report on the capability of 
the government of Yemen to detain, rehabilitate, and pros-
ecute individuals detained at Guantanamo (as such term 
is defined in section 1033(f)(2)) who are transferred to 
Yemen. Such report shall include an assessment of any 
humanitarian issues that may be encountered in transfer-
ring individuals detained at Guantanamo to Yemen. 
SEC. 1040. REPORT ON ATTACHMENT OF RIGHTS TO INDI-
VIDUALS DETAINED AT GUANTANAMO IF 
TRANSFERRED TO THE UNITED STATES. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense and the Attor-
ney General shall jointly submit to the congressional de-
fense committees, the Committee on the Judiciary of the 
House of Representatives, and the Committee on the Judi-
ciary of the Senate a report that includes each of the fol-
lowing:
519 
(1) A description of the extent to which an indi-
vidual detained at Guantanamo, if transferred to the 
United States, could become eligible, by reason of 
such transfer, for— 
(A) relief from removal from the United 
States, including pursuant to the Convention 
against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment; 
(B) any required release from immigration 
detention, including pursuant to the decision of 
the Supreme Court in Zadvydas v. Davis; 
(C) asylum or withholding of removal; or 
(D) any additional constitutional right. 
(2) For any right referred to in paragraph (1) 
for which the Secretary and Attorney General deter-
mine such an individual could become eligible if so 
transferred, a description of the reasoning behind 
such determination and an explanation of the nature 
of the right. 
SEC. 1040A. SUMMARY OF INFORMATION RELATING TO IN-
DIVIDUALS DETAINED AT GUANTANAMO WHO 
BECAME LEADERS OF FOREIGN TERRORIST 
GROUPS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense
520 
shall make publicly available a summary of information 
relating to individuals who were formerly detained at 
United States Naval Station, Guantanamo Bay, Cuba, 
who have, since being transferred or released from such 
detention, have become leaders or involved in the leader-
ship structure of a foreign terrorist group. 
(b) FORM OF SUMMARY.—The summary required 
under subsection (a) shall be in unclassified form, but may 
contain a classified annex. The Secretary of Defense shall 
submit any such classified annex to the congressional de-
fense committees. 
SEC. 1040B. PROCEDURES GOVERNING UNITED STATES 
CITIZENS 
APPREHENDED 
INSIDE 
THE 
UNITED STATES PURSUANT TO THE AUTHOR-
IZATION FOR USE OF MILITARY FORCE. 
(a) AVAILABILITY OF WRIT OF HABEAS CORPUS.— 
Nothing in the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note), or any other 
law, shall be construed to deny the availability of the writ 
of habeas corpus to any United States citizen apprehended 
inside the United States pursuant to the Authorization for 
Use of Military Force (Public Law 107–40; 50 U.S.C. 
1541 note). 
(b) 
PROCEDURES.—In 
any 
habeas 
proceeding 
brought by a United States citizen apprehended inside the
521 
United States pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note), the government shall have the burden of proving 
by clear and convincing evidence that such citizen is an 
unprivileged enemy belligerent and there shall be no pre-
sumption that any evidence presented by the government 
as justification for the apprehension and subsequent de-
tention is accurate and authentic. 
SEC. 1040C. PROHIBITION ON THE USE OF FUNDS FOR REC-
REATIONAL FACILITIES FOR INDIVIDUALS 
DETAINED AT GUANTANAMO. 
None of the funds authorized to be appropriated or 
otherwise available to the Department of Defense may be 
used to provide additional or upgraded recreational facili-
ties for individuals detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
SEC. 1040D. PROHIBITION ON TRANSFER OR RELEASE OF 
INDIVIDUALS DETAINED AT GUANTANAMO 
TO YEMEN. 
None of the amounts authorized to be available to 
the Department of Defense may be used to transfer, re-
lease, or assist in the transfer or release, during the period 
beginning on the date of enactment of this Act and ending 
on December 31, 2014, any individual detained at Guanta-
namo (as such term is defined in section 1033(f)(2)) to
522 
the custody or control of the Republic of Yemen or any 
entity within Yemen. 
Subtitle E—Sensitive Military 
Operations 
SEC. 1041. CONGRESSIONAL NOTIFICATION OF SENSITIVE 
MILITARY OPERATIONS. 
(a) NOTIFICATION REQUIRED.— 
(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 130f. Congressional notification of sensitive mili-
tary operations 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
promptly submit to the congressional defense committees 
notice in writing of any sensitive military operation fol-
lowing such operation. 
‘‘(b) PROCEDURES.—(1) The Secretary of Defense 
shall establish and submit to the congressional defense 
committees procedures for complying with the require-
ments of subsection (a) consistent with the national secu-
rity of the United States and the protection of operational 
integrity. 
‘‘(2) The congressional defense committees shall en-
sure that committee procedures designed to protect from 
unauthorized disclosure classified information relating to
523 
national security of the United States are sufficient to pro-
tect the information that is submitted to the committees 
pursuant to this section. 
‘‘(c) SENSITIVE MILITARY OPERATION DEFINED.— 
The term ‘sensitive military operation’ means a lethal op-
eration or capture operation conducted by the armed 
forces outside the United States pursuant to— 
‘‘(1) the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note); 
or 
‘‘(2) any other authority except— 
‘‘(A) a declaration of war; or 
‘‘(B) a specific statutory authorization for 
the use of force other than the authorization re-
ferred to in paragraph (1). 
‘‘(d) EXCEPTION.—The notification requirement 
under subsection (a) shall not apply with respect to a sen-
sitive military operation executed within the territory of 
Afghanistan pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to provide any new authority or 
to alter or otherwise affect the War Powers Resolution (50 
U.S.C. 1541 et seq.), the Authorization for Use of Military
524 
Force (Public Law 107–40; 50 U.S.C. 1541 note), or any 
requirement under the National Security Act of 1947 (50 
U.S.C. 3001 et seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 130e 
the following new item: 
‘‘130f. Congressional notification regarding sensitive military operations.’’. 
(b) EFFECTIVE DATE.—Section 130f of title 10, 
United States Code, as added by subsection (a), shall 
apply with respect to any sensitive military operation (as 
defined in subsection (c) of such section) executed on or 
after the date of the enactment of this Act. 
(c) DEADLINE FOR SUBMITTAL OF PROCEDURES.— 
The Secretary of Defense shall submit to the congressional 
defense committees the procedures required under section 
130f(b) of title 10, United States Code, as added by sub-
section (a), by not later than 60 days after the date of 
the enactment of this Act. 
SEC. 1042. REPORT ON PROCESS FOR DETERMINING TAR-
GETS OF LETHAL OPERATIONS. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report con-
taining an explanation of the legal and policy consider-
ations and approval processes used in determining whether
525 
an individual or group of individuals could be the target 
of a lethal operation or capture operation conducted by 
the Armed Forces of the United States outside the United 
States. 
SEC. 1043. COUNTERTERRORISM OPERATIONAL BRIEF-
INGS. 
(a) BRIEFINGS REQUIRED.—Chapter 23 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 492. Quarterly briefings: counterterrorism oper-
ations 
‘‘(a) BRIEFINGS REQUIRED.—The Secretary of De-
fense shall provide to the congressional defense commit-
tees quarterly briefings outlining Department of Defense 
counterterrorism operations and related activities. 
‘‘(b) ELEMENTS.—Each briefing under subsection 
(a) shall include each of the following: 
‘‘(1) A global update on activity within each ge-
ographic combatant command. 
‘‘(2) An overview of authorities and legal issues 
including limitations. 
‘‘(3) An outline of interagency activities and 
initiatives. 
‘‘(4) Any other matters the Secretary considers 
appropriate.’’.
526 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘492. Quarterly briefings: counterterrorism operations.’’. 
Subtitle F—Nuclear Forces 
SEC. 1051. PROHIBITION ON ELIMINATION OF THE NU-
CLEAR TRIAD. 
(a) PROHIBITION ON TRIAD REDUCTIONS.—None of 
the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2014 for the De-
partment of Defense may be obligated or expended to re-
duce, convert, or decommission any strategic delivery sys-
tem if such reduction, conversion, or decommissioning 
would eliminate a leg of the nuclear triad. 
(b) NUCLEAR TRIAD DEFINED.—The term ‘‘nuclear 
triad’’ means the nuclear deterrent capabilities of the 
United States composed of the following: 
(1) Land-based intercontinental ballistic mis-
siles. 
(2) Submarine-launched ballistic missiles and 
associated ballistic missile submarines. 
(3) Nuclear-certified strategic bombers. 
SEC. 1052. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTION OF NUCLEAR FORCES. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available
527 
for fiscal year 2014 for the Department of Defense or the 
National Nuclear Security Administration may be obli-
gated or expended to carry out reductions to the nuclear 
forces of the United States required by the New START 
Treaty until— 
(1) the Secretary of Defense submits to the ap-
propriate congressional committees the plan required 
by section 1042(a) of the National Defense Author-
ization Act of Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1575); and 
(2) the President certifies to the appropriate 
congressional committees that any further reduc-
tions to such forces that result in such forces being 
reduced below the level required by the New START 
Treaty will be carried out only pursuant to— 
(A) a treaty or international agreement 
specifically approved with the advice and con-
sent of the Senate pursuant to Article II, sec-
tion 2, clause 2 of the Constitution; or 
(B) an Act of Congress specifically author-
izing such reductions. 
(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to the following: 
(1) Reductions made to ensure the safety, secu-
rity, reliability, and credibility of the nuclear weap-
528 
ons stockpile and strategic delivery systems, includ-
ing activities related to surveillance, assessment, cer-
tification, testing, and maintenance of nuclear war-
heads and strategic delivery systems. 
(2) Nuclear warheads that are retired or await-
ing dismantlement on the date of the enactment of 
this Act. 
(3) Inspections carried out pursuant to the New 
START Treaty. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate. 
(2) The term ‘‘New START Treaty’’ means the 
Treaty between the United States of America and 
the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and entered into 
force on February 5, 2011.
529 
SEC. 1053. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTION OR CONSOLIDATION OF DUAL- 
CAPABLE AIRCRAFT BASED IN EUROPE. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2014 for the Department of Defense may 
be used to reduce or consolidate the basing of dual-capable 
aircraft of the United States that are based in Europe 
until a period of 90 days has elapsed after the date on 
which the Secretary of Defense certifies to the congres-
sional defense committees that— 
(1) the Russian Federation has carried out 
similar reductions or consolidations with respect to 
dual-capable aircraft of Russia; 
(2) the Secretary has consulted with the mem-
ber states of the North Atlantic Treaty Organization 
with respect to the planned reduction or consolida-
tion of the Secretary; and 
(3) there is a consensus among such member 
states in support of such planned reduction or con-
solidation. 
(b) DUAL-CAPABLE AIRCRAFT DEFINED.—In this 
section, the term ‘‘dual-capable aircraft’’ means aircraft 
that can perform both conventional and nuclear missions.
530 
SEC. 1054. STATEMENT OF POLICY ON IMPLEMENTATION 
OF ANY AGREEMENT FOR FURTHER ARMS 
REDUCTION BELOW THE LEVELS OF THE 
NEW START TREATY; LIMITATION ON RETIRE-
MENT OR DISMANTLEMENT OF STRATEGIC 
DELIVERY SYSTEMS. 
(a) FINDING; STATEMENT OF POLICY.— 
(1) FINDING.—Congress finds that it was the 
Declaration of the United States Senate in its Reso-
lution of Advice and Consent to the New START 
Treaty that ‘‘[t]he Senate declares that further arms 
reduction agreements obligating the United States to 
reduce or limit the Armed Forces or armaments of 
the United States in any militarily significant man-
ner may be made only pursuant to the treaty-mak-
ing power of the President as set forth in Article II, 
section 2, clause 2 of the Constitution of the United 
States’’. 
(2) STATEMENT
OF
POLICY.—Congress reaf-
firms the Declaration described in paragraph (1) 
and states that any agreement for further arms re-
duction below the levels of the New START Treaty, 
including those that may seek to use the Treaty’s 
verification regime, may only be made pursuant to 
the treaty-making power of the President as set 
forth in Article II, section 2, clause 2 of the Con-
531 
stitution of the United States or by Act of Congress, 
as set forth in the Arms Control and Disarmament 
Act (22 U.S.C. 2551 et seq.). 
(b) LIMITATION.— 
(1) IN GENERAL.—None of the funds author-
ized to be appropriated by this Act or otherwise 
made available for fiscal year 2014 or any fiscal year 
thereafter for the Department of Defense may be 
obligated or expended to retire, dismantle, or deacti-
vate, or prepare to retire, dismantle, or deactivate, 
any covered strategic delivery vehicle if such action 
reduces the number of covered strategic delivery ve-
hicles to less than the 800 required to implement the 
New START Treaty. 
(2) WAIVER.—In accordance with subsection 
(c), the President may waive the limitation under 
paragraph (1) with respect to a fiscal year if the 
President submits to the appropriate congressional 
committees written notification that— 
(A) the Senate has given its advice and 
consent to ratification of a nuclear arms reduc-
tion treaty with the Russian Federation that re-
quires Russia to significantly and proportionally 
reduce its number of nonstrategic nuclear war-
heads, or an international agreement for such
532 
purpose is entered into pursuant to an Act of 
Congress as set forth in the Arms Control and 
Disarmament Act (22 U.S.C. 2551 et seq.); 
(B) such treaty or agreement has entered 
into force; and 
(C) such waiver is required during such 
fiscal year to implement such treaty or agree-
ment. 
(c) ADDITIONAL LIMITATIONS.— 
(1) CERTAIN COMPLIANCE OF NUCLEAR ARMS 
CONTROL AGREEMENTS.—If the President makes a 
waiver under subsection (b)(2), none of the funds 
authorized to be appropriated by this Act or other-
wise made available for fiscal year 2014 or any fiscal 
year thereafter for the Department of Defense may 
be obligated or expended to retire, dismantle, or de-
activate, or prepare to retire, dismantle, or deacti-
vate, any covered strategic delivery vehicle until 30 
days elapses following the date on which the Presi-
dent submits to the appropriate congressional com-
mittees and the congressional intelligence commit-
tees written certification that the Russian Federa-
tion is in compliance with its nuclear arms control 
agreements and obligations with the United States.
533 
(2) CERTAIN INTELLIGENCE.—If the President 
makes a waiver under subsection (b)(2), none of the 
funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2014 or any 
fiscal year thereafter for the Department of Defense 
may be obligated or expended to retire, dismantle, or 
deactivate, or prepare to retire, dismantle, or deacti-
vate, any covered strategic delivery vehicle in accord-
ance with a treaty or international agreement en-
tered into pursuant to an Act of Congress requiring 
such actions unless the President submits to the ap-
propriate congressional committees and the congres-
sional intelligence committees written certification 
that the intelligence community has high confidence 
judgments with respect to— 
(A) the nuclear weapons production capac-
ity of the People’s Republic of China; 
(B) the nature, number, location, and 
targetability of the nuclear weapons and stra-
tegic delivery systems of China; and 
(C) the nuclear doctrine of China. 
(d) EXCEPTION.—The limitations in subsection (b) 
and (c) shall not apply to reductions made to ensure the 
safety, security, reliability, and credibility of the nuclear 
weapons stockpile and strategic delivery systems of the
534 
United States, including activities related to surveillance, 
assessment, certification, testing, and maintenance of nu-
clear warheads and strategic delivery system. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate. 
(2) The term ‘‘congressional intelligence com-
mittees’’ means the following: 
(A) The Permanent Select Committee on 
Intelligence of the House of Representatives. 
(B) The Select Committee on Intelligence 
of the Senate. 
(3) The term ‘‘covered strategic delivery vehi-
cle’’ means the following: 
(A) B–52H bomber aircraft. 
(B) B–2 Spirit bomber aircraft. 
(C) Trident ballistic missile submarines. 
(D) Trident II D5 submarine launched 
ballistic missiles. 
(E) Minuteman III intercontinental bal-
listic missiles.
535 
(4) The term ‘‘New START Treaty’’ means the 
Treaty between the United States of America and 
the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and entered into 
force on February 5, 2011. 
SEC. 1055. SENSE OF CONGRESS ON COMPLIANCE WITH NU-
CLEAR ARMS CONTROL AGREEMENTS. 
(a) FINDINGS.—Congress finds the following: 
(1) President Obama stated in Prague in April 
2009 that ‘‘Rules must be binding. Violations must 
be punished. Words must mean something.’’. 
(2) President Obama’s Nuclear Posture Review 
of 2010 stated, ‘‘it is not enough to detect non-com-
pliance; violators must know that they will face con-
sequences when they are caught.’’. 
(3) The July 2010 Verifiability Assessment re-
leased by the Department of State on the New 
START Treaty stated, ‘‘The costs and risks of Rus-
sian cheating or breakout, on the other hand, would 
likely be very significant. In addition to the financial 
and international political costs of such an action, 
any Russian leader considering cheating or breakout 
from the New START Treaty would have to con-
sider that the United States will retain the ability to
536 
upload large numbers of additional nuclear warheads 
on both bombers and missiles under the New 
START, which would provide the ability for a timely 
and very significant U.S. response.’’. 
(4) Subsection (a) of the Resolution of Advice 
and Consent to Ratification of the New START 
Treaty of the Senate, agreed to on December 22, 
2010, listed conditions of the Senate to the ratifica-
tion of the New START Treaty that are binding 
upon the President, including the condition under 
paragraph (1)(B) of such subsection that requires 
the President to take certain actions in response to 
actions by the Russian Federation that are in viola-
tion of or inconsistent with such treaty, including to 
‘‘seek on an urgent basis a meeting with the Russian 
Federation at the highest diplomatic level with the 
objective of bringing the Russian Federation into 
full compliance with its obligations under the New 
START Treaty’’. 
(5) The Obama Administration demonstrated 
that violations of treaty obligations by other parties 
require corresponding action by the United States 
when, on November 22, 2011, the Department of 
State announced that the United States would 
‘‘cease carrying out certain obligations under the
537 
Conventional Armed Forces in Europe (CFE) Trea-
ty with regard to Russia. This announcement in the 
CFE Treaty’s implementation group comes after the 
United States and NATO Allies have tried over the 
past 4 years to find a diplomatic solution following 
Russia’s decision in 2007 to cease implementation 
with respect to all other 29 CFE States. Since then, 
Russia has refused to accept inspections and ceased 
to provide information to other CFE Treaty parties 
on its military forces as required by the Treaty.’’. 
(6) On October 17, 2012, the Chairman of the 
Committee on Armed Services of the House of Rep-
resentatives and the Chairman of the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives wrote a classified letter to the President 
stating their concerns about a major arms control 
violation by the Russian Federation. 
(7) The Chairmen followed up their classified 
letter with unclassified letters on February 14 and 
April 12, 2013—in their latest letter, the Chairmen 
stated that they expect the Administration to ‘‘di-
rectly confront the Russian violations and cir-
cumventions of this and other treaties. . .[we] fur-
ther ask, again, for your engagement in correcting 
this behavior. We also seek your commitment not to
538 
undertake further reductions to the U.S. nuclear de-
terrent or extended deterrent until this Russian be-
havior is corrected. We are in full agreement with 
your policy as you articulated it in Prague four 
years ago this month, ‘rules must be binding, Viola-
tions must be punished. Words must mean some-
thing.’ ’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should consider not seeking to 
further limit or reduce the nuclear forces of the United 
States, including by negotiation, with a foreign country 
that remains in active noncompliance with existing nuclear 
arms obligations, such as the Russian Federation. 
(c) OBLIGATIONS OF THE PRESIDENT IN THE EVENT 
OF NONCOMPLIANCE.—If the President determines that 
a foreign country is not in compliance with its obligations 
under a nuclear arms control agreement, treaty, or com-
mitment to which the United States is a party or in which 
the United States is a participating government, including 
the Missile Technology Control Regime, the President 
shall— 
(1) immediately consult with Congress regard-
ing the implications of such noncompliance for— 
(A) the viability of such agreement, treaty, 
or commitment; and
539 
(B) the national security interests of the 
United States and the allies of the United 
States; 
(2) submit to Congress a plan concerning the 
diplomatic strategy of the President to engage such 
foreign country at the highest diplomatic level with 
the objective of bringing such country into full com-
pliance with such obligations; and 
(3) at the earliest date practicable following the 
submission of the plan under paragraph (2), submit 
to Congress a report detailing— 
(A) whether adherence by the United 
States to such obligation remains in the na-
tional security interests of the United States or 
the allies of the United States; and 
(B) how the United States will redress the 
effect of such noncompliance to the national se-
curity interests of the United States or such al-
lies. 
SEC. 1056. RETENTION OF CAPABILITY TO REDEPLOY MUL-
TIPLE INDEPENDENTLY TARGETABLE RE-
ENTRY VEHICLES. 
(a) DEPLOYMENT CAPABILITY.—The Secretary of 
the Air Force shall ensure that the Air Force is capable 
of—
540 
(1) deploying multiple independently targetable 
reentry vehicles to Minuteman III intercontinental 
ballistic missiles, and any ground-based strategic de-
terrent follow-on to such missiles; and 
(2) commencing such deployment not later than 
270 days after the date on which the President de-
termines such deployment necessary. 
(b) WARHEAD CAPABILITY.—The Nuclear Weapons 
Council established by section 179 of title 10, United 
States Code, shall ensure that— 
(1) the nuclear weapons stockpile contains a 
sufficient number of nuclear warheads that are capa-
ble of being deployed as multiple independently tar-
getable reentry vehicles with respect to Minuteman 
III intercontinental ballistic missiles, and any 
ground-based strategic deterrent follow-on to such 
missiles; and 
(2) such deployment is capable of being com-
menced not later than 270 days after the date on 
which the President determines such deployment 
necessary.
541 
SEC. 1057. ASSESSMENT OF NUCLEAR WEAPONS PROGRAM 
OF THE PEOPLE’S REPUBLIC OF CHINA. 
Section 1045(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 112–239; 126 
Stat. 1933) is amended— 
(1) in paragraph (4), by striking ‘‘August 15, 
2013’’ and inserting ‘‘August 15, 2014’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(5) LIMITATION.—Of the funds authorized to 
be appropriated by the National Defense Authoriza-
tion Act for Fiscal Year 2014 or otherwise made 
available for fiscal year 2014 for the Office of the 
Secretary of Defense for travel, not more than 75 
percent may be obligated or expended until a period 
of 30 days has elapsed following the date on which 
the Secretary of Defense notifies the appropriate 
congressional committees that the Secretary has en-
tered into an agreement under paragraph (1) with a 
federally funded research and development center.’’. 
SEC. 1058. COST ESTIMATES FOR NUCLEAR WEAPONS. 
Section 1043(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1576), as amended by section 1041 of the National 
Defense Authorization Act for Fiscal Year 2013 (Public 
Law 112–239; 126 Stat. 1931), is amended—
542 
(1) in paragraph (2)(F), by inserting ‘‘per-
sonnel,’’ after ‘‘maintenance,’’; and 
(2) in paragraph (3), by inserting before the pe-
riod at the end the following: ‘‘, including how and 
which locations were counted’’. 
SEC. 1059. REPORT ON NEW START TREATY. 
Not later than January 15, 2014, the Secretary of 
Defense and the Chairman of the Joint Chiefs of Staff 
shall jointly submit to the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate a report on whether the New START Treaty 
(as defined in section 494(a)(2)(D)(ii)) of title 10, United 
States Code) is in the national security interests of the 
United States. 
Subtitle G—Miscellaneous 
Authorities and Limitations 
SEC. 1061. ENHANCEMENT OF CAPACITY OF THE UNITED 
STATES GOVERNMENT TO ANALYZE CAP-
TURED RECORDS. 
(a) IN GENERAL.—Chapter 21 of title 10, United 
States Code, is amended by inserting after section 426 the 
following new section:
543 
‘‘§ 427. Conflict Records Research Center 
‘‘(a) CENTER AUTHORIZED.—The Secretary of De-
fense may establish a center to be known as the ‘Conflict 
Records Research Center’ (in this section referred to as 
the ‘Center’). 
‘‘(b) PURPOSES.—The purposes of the Center shall 
be the following: 
‘‘(1) To establish a digital research database in-
cluding translations and to facilitate research and 
analysis of records captured from countries, organi-
zations, and individuals, now or once hostile to the 
United States, with rigid adherence to academic 
freedom and integrity. 
‘‘(2) Consistent with the protection of national 
security information, personally identifiable informa-
tion, and intelligence sources and methods, to make 
a significant portion of these records available to re-
searchers as quickly and responsibly as possible 
while taking into account the integrity of the aca-
demic process and risks to innocents or third par-
ties. 
‘‘(3) To conduct and disseminate research and 
analysis to increase the understanding of factors re-
lated to international relations, counterterrorism, 
and conventional and unconventional warfare and, 
ultimately, enhance national security.
544 
‘‘(4) To collaborate with members of academic 
and broad national security communities, both do-
mestic and international, on research, conferences, 
seminars, and other information exchanges to iden-
tify topics of importance for the leadership of the 
United States Government and the scholarly commu-
nity. 
‘‘(c) CONCURRENCE
OF
THE DIRECTOR
OF NA-
TIONAL INTELLIGENCE.—The Secretary of Defense shall 
seek the concurrence of the Director of National Intel-
ligence to the extent the efforts and activities of the Center 
involve the entities referred to in subsection (b)(4). 
‘‘(d) SUPPORT FROM OTHER UNITED STATES GOV-
ERNMENT DEPARTMENTS OR AGENCIES.—The head of 
any non-Department of Defense department or agency of 
the United States Government may— 
‘‘(1) provide to the Secretary of Defense serv-
ices, including personnel support, to support the op-
erations of the Center; and 
‘‘(2) transfer funds to the Secretary of Defense 
to support the operations of the Center. 
‘‘(e) ACCEPTANCE OF GIFTS AND DONATIONS.—(1) 
Subject to paragraph (3), the Secretary of Defense may 
accept from any source specified in paragraph (2) any gift
545 
or donation for purposes of defraying the costs or enhanc-
ing the operations of the Center. 
‘‘(2) The sources specified in this paragraph are the 
following: 
‘‘(A) The government of a State or a political 
subdivision of a State. 
‘‘(B) The government of a foreign country. 
‘‘(C) A foundation or other charitable organiza-
tion, including a foundation or charitable organiza-
tion that is organized or operates under the laws of 
a foreign country. 
‘‘(D) Any source in the private sector of the 
United States or a foreign country. 
‘‘(3) The Secretary may not accept a gift or donation 
under this subsection if acceptance of the gift or donation 
would compromise or appear to compromise— 
‘‘(A) the ability of the Department of Defense, 
any employee of the Department, or any member of 
the armed forces to carry out the responsibility or 
duty of the Department in a fair and objective man-
ner; or 
‘‘(B) the integrity of any program of the De-
partment or of any person involved in such a pro-
gram.
546 
‘‘(4) The Secretary shall provide written guidance 
setting forth the criteria to be used in determining the 
applicability of paragraph (3) to any proposed gift or do-
nation under this subsection. 
‘‘(f) CREDITING OF FUNDS TRANSFERRED OR AC-
CEPTED.—Funds transferred to or accepted by the Sec-
retary of Defense under this section shall be credited to 
appropriations available to the Department of Defense for 
the Center, and shall be available for the same purposes, 
and subject to the same conditions and limitations, as the 
appropriations with which merged. Any funds so trans-
ferred or accepted shall remain available until expended. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘captured record’ means a docu-
ment, audio file, video file, or other material cap-
tured during combat operations from countries, or-
ganizations, or individuals, now or once hostile to 
the United States. 
‘‘(2) The term ‘gift or donation’ means any gift 
or donation of funds, materials (including research 
materials), real or personal property, or services (in-
cluding lecture services and faculty services).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter I of such chapter is amend-
547 
ed by inserting after the item relating to section 426 the 
following new item: 
‘‘427. Conflict Records Research Center.’’. 
SEC. 1062. EXTENSION OF AUTHORITY TO PROVIDE MILI-
TARY TRANSPORTATION SERVICES TO CER-
TAIN OTHER AGENCIES AT THE DEPART-
MENT OF DEFENSE REIMBURSEMENT RATE. 
(a) IN GENERAL.—Section 2642(a) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘airlift’’ each place it appears 
and inserting ‘‘transportation’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘October 28, 2014’’ and 
inserting ‘‘September 30, 2019’’; 
(B) by inserting and ‘‘military transpor-
tation services provided in support of foreign 
military sales’’ after ‘‘Department of Defense’’; 
and 
(C) by striking ‘‘air industry’’ and insert-
ing ‘‘transportation industry’’. 
(b) TECHNICAL AMENDMENT.—The heading for such 
section is amended by striking ‘‘Airlift’’ and inserting 
‘‘Transportation’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 157 of such title is amended
548 
by striking the item relating to section 2642 and inserting 
the following new item: 
‘‘2642. Transportation services provided to certain other agencies: use of De-
partment of Defense reimbursement rates.’’. 
SEC. 1063. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MODIFICATION OF FORCE STRUCTURE OF 
THE ARMY. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2014 
for the Department of the Army may be used to modify 
the force structure or basing strategy of the Army until 
the Secretary of the Army— 
(1) submits to Congress the report on force 
structure required by section 1066 of the National 
Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 1943); and 
(2) provides to the congressional defense com-
mittees a briefing on the most recent force mix anal-
ysis conducted by the Secretary, including— 
(A) the assumptions and scenarios used to 
determine the type and mix of Brigade Combat 
Teams; 
(B) the rationale for the recommended 
force mix; and 
(C) the risks involved with the rec-
ommended force mix.
549 
SEC. 1064. LIMITATION ON USE OF FUNDS FOR PUBLIC-PRI-
VATE COOPERATION ACTIVITIES. 
No amounts authorized to be appropriated or other-
wise made available to the Department of Defense by this 
Act or any other Act may be obligated or expended on 
any public-private cooperation activity undertaken by a 
combatant command until the Secretary of Defense sub-
mits to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives the report on the conclusions of the De-
fense Business Board that the Secretary was directed to 
provide under the Report of the Committee on Armed 
Services to accompany H.R. 4310 of the 112th Congress 
(House Report 112–479). 
SEC. 1065. UNMANNED AIRCRAFT JOINT TRAINING AND 
USAGE PLAN. 
(a) METHODS.—The Secretary of Defense, the Sec-
retary of Homeland Security, and the Administrator of the 
Federal Aviation Administration jointly shall develop and 
implement plans and procedures to review the potential 
of joint testing and evaluation of unmanned aircraft equip-
ment and systems with other appropriate departments and 
agencies of the Federal Government that may serve the 
dual purpose of providing capabilities to the Department 
of Defense to meet the future requirements of combatant
550 
commanders and domestically to strengthen international 
border security. 
(b) REPORT.—Not later than 270 days after date of 
the enactment of this Act, the Secretary of Defense, the 
Secretary of Homeland Security, and the Administrator 
of the Federal Aviation Administration shall jointly submit 
to Congress a report on the status of the development of 
the plans and procedures required under subsection (a), 
including a cost benefit analysis of the shared expenses 
between the Department of Defense and other appropriate 
departments and agencies of the Federal Government to 
support such plans. 
Subtitle H—Studies and Reports 
SEC. 1071. OVERSIGHT OF COMBAT SUPPORT AGENCIES. 
Section 193(a)(1) of title 10, United States Code, is 
amended in the matter preceding subparagraph (A) by in-
serting ‘‘and the congressional defense committees’’ after 
‘‘the Secretary of Defense’’. 
SEC. 1072. INCLUSION IN ANNUAL REPORT OF DESCRIP-
TION OF INTERAGENCY COORDINATION RE-
LATING TO HUMANITARIAN DEMINING TECH-
NOLOGY. 
Section 407(d) of title 10, United States Code, is 
amended—
551 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) a description of interagency efforts to co-
ordinate and improve research, development, test, 
and evaluation for humanitarian demining tech-
nology and mechanical clearance methods, including 
the transfer of relevant counter-improvised explosive 
device 
technology 
with 
potential 
humanitarian 
demining applications.’’. 
SEC. 1073. EXTENSION OF DEADLINE FOR COMPTROLLER 
GENERAL REPORT ON ASSIGNMENT OF CI-
VILIAN EMPLOYEES OF THE DEPARTMENT OF 
DEFENSE AS ADVISORS TO FOREIGN MIN-
ISTRIES OF DEFENSE. 
Section 1081(d) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law. 112–81; 125 
Stat. 1599; 10 U.S.C. 168 note) is amended by striking 
‘‘December 30, 2013’’ and inserting ‘‘December 30, 
2014’’.
552 
SEC. 1074. REPEAL OF REQUIREMENT FOR COMPTROLLER 
GENERAL ASSESSMENT OF DEPARTMENT OF 
DEFENSE EFFICIENCIES. 
Section 1054 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1582) is repealed. 
SEC. 1075. MATTERS FOR INCLUSION IN THE ASSESSMENT 
OF THE 2013 QUADRENNIAL DEFENSE RE-
VIEW. 
(a) IN GENERAL.—For purposes of conducting the 
assessment of the 2013 quadrennial defense review under 
section 118 of title 10, United States Code, the National 
Defense Panel established under subsection (f) of such 
section (hereinafter in this section referred to as the 
‘‘Panel’’) shall— 
(1) conduct an assessment of the recommenda-
tion included in the assessment of the 2009 quad-
rennial defense review under such section regarding 
the establishment of a standing, independent stra-
tegic review panel; 
(2) include in the report required by paragraph 
(7) of such subsection the recommendations of the 
Panel regarding the establishment of such a stand-
ing panel; and 
(3) take into consideration the Strategic 
Choices and Management Review directed by the
553 
Secretary of Defense during 2013, particularly in 
carrying out the responsibilities of the Panel under 
clauses (i), (ii), and (v) of paragraph (5) of such 
subsection. 
(b) UPDATES FROM SECRETARY OF DEFENSE.—In 
providing updates to the panel regarding the 2013 quad-
rennial defense review under paragraph (8) of such sub-
section, or providing information requested by the panel 
pursuant to paragraph (9)(A) of such subsection, the Sec-
retary of Defense or head of the department or agency, 
as appropriate, shall also provide information related to 
the Strategic Choices and Management Review. 
SEC. 1076. REVIEW AND ASSESSMENT OF UNITED STATES 
SPECIAL OPERATIONS FORCES AND UNITED 
STATES SPECIAL OPERATIONS COMMAND. 
(a) IN GENERAL.—The Secretary of Defense shall 
conduct a review of the United States Special Operations 
Forces organization, capabilities, and structure. 
(b) REPORT.—Not later than the date on which the 
budget of the President is submitted to Congress under 
section 1105(a) of title 31, United States Code, for fiscal 
year 2015, the Secretary of Defense shall submit to the 
congressional defense committees a report on the review 
conducted under subsection (a). Such report shall include 
an analysis of each of the following:
554 
(1) The organizational structure of the United 
States Special Operations Command and each subor-
dinate component, as in effect as of the date of the 
enactment of this Act. 
(2) The policy and civilian oversight structures 
for Special Operations Forces within the Depart-
ment of Defense, as in effect as of the date of the 
enactment of this Act, including the statutory struc-
tures and responsibilities of the Office of the Sec-
retary of Defense for Special Operations and Low 
Intensity Conflict within the Department. 
(3) The roles and responsibilities of United 
States Special Operations Command and Special 
Operations Forces under section 167 of title 10, 
United States Code. 
(4) Current and future special operations pecu-
liar requirements of the commanders of the geo-
graphic combatant commands, Theater Special Op-
erations Commands, and command relationships be-
tween United States Special Operations Command 
and the geographic combatant commands. 
(5) The funding authorities, uses, and oversight 
mechanisms of Major Force Program–11. 
(6) Changes to structure, authorities, oversight 
mechanisms, Major Force Program–11 funding,
555 
roles, and responsibilities assumed in the 2014 
Quadrennial Defense Review. 
(7) Any other matters the Secretary of Defense 
determines are appropriate to ensure a comprehen-
sive review and assessment. 
(c) IN GENERAL.—Not later than 60 days after the 
date on which the report required by subsection (b) is sub-
mitted, the Comptroller General of the United States shall 
submit to the congressional defense committees a review 
of the report. Such review shall include an assessment of 
United States Special Operations Forces organization, ca-
pabilities, and force structure with respect to conventional 
force structures and national military strategies. 
SEC. 1077. REPORTS ON UNMANNED AIRCRAFT SYSTEMS. 
(a) REPORT ON COLLABORATION, DEMONSTRATION, 
AND USE CASES AND DATA SHARING.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense, the Secretary of Transportation, the 
Administrator of the Federal Aviation Administration, 
and the Administrator of the National Aeronautics and 
Space Administration, on behalf of the UAS Executive 
Committee, shall submit jointly to the appropriate com-
mittees of Congress a report setting forth the following:
556 
(1) The collaboration, demonstrations, and ini-
tial fielding of unmanned aircraft systems at test 
sites within and outside of restricted airspace. 
(2) The progress being made to develop public 
and civil sense-and-avoid and command-and-control 
technology. 
(3) An assessment on the sharing of oper-
ational, programmatic, and research data relating to 
unmanned aircraft systems operations by the Fed-
eral Aviation Administration, the Department of De-
fense, and the National Aeronautics and Space Ad-
ministration to help the Federal Aviation Adminis-
tration establish civil unmanned aircraft systems 
certification standards, pilot certification and licens-
ing, and air traffic control procedures, including 
identifying the locations selected to collect, analyze, 
and store the data. 
(b) REPORT ON RESOURCE REQUIREMENTS NEEDED 
FOR UNMANNED AIRCRAFT SYSTEMS DESCRIBED IN THE 
FIVE-YEAR ROADMAP.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of De-
fense, on behalf of the UAS Executive Committee, shall 
submit to the appropriate committees of Congress a report 
setting forth the resource requirements needed to meet the 
milestones for unmanned aircraft systems integration de-
557 
scribed in the five-year roadmap under section 332(a)(5) 
of the FAA Modernization and Reform Act (Public Law 
112–95; 49 U.S.C. 40101 note). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Commerce, Science and Trans-
portation, and the Committee on Appropria-
tions of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Transportation and Infrastruc-
ture, the Committee on Science, Space, and 
Technology, and the Committee on Appropria-
tions of the House of Representatives. 
(2) The term ‘‘UAS Executive Committee’’ 
means the Department of Defense–Federal Aviation 
Administration executive committee described in sec-
tion 1036(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4596) established by the 
Secretary of Defense and the Administrator of the 
Federal Aviation Administration.
558 
SEC. 1078. ONLINE AVAILABILITY OF REPORTS SUBMITTED 
TO CONGRESS. 
(a) IN GENERAL.—Subsection (a)(1) of section 122a 
of title 10, United States Code, is amended to read as 
follows: 
‘‘(1) made available on a publicly accessible 
Internet website of the Department of Defense; 
and’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to reports sub-
mitted to Congress after the date of the enactment of this 
Act. 
SEC. 1079. PROVISION OF DEFENSE PLANNING GUIDANCE 
AND CONTINGENCY OPERATION PLAN INFOR-
MATION TO CONGRESS. 
(a) IN GENERAL.—Section 113(g) of title 10, United 
States Code is amended by adding at the end, the fol-
lowing new paragraph: 
‘‘(3) At the time of the budget submission by the 
President for a fiscal year, the Secretary of Defense shall 
submit to the congressional defense committees an annual 
report containing summaries of the guidance developed 
under paragraphs (1) and (2), as well as summaries of 
any plans developed in accordance with the guidance de-
veloped under paragraph (2). Such summaries shall be 
sufficient to allow the congressional defense committees to
559 
evaluate fully the requirements for military forces, acquisi-
tion programs, and operations and maintenance funding 
in the President’s annual budget request for the Depart-
ment of Defense.’’. 
(b) REPORT REQUIRED.—Notwithstanding the re-
quirement under paragraph (3) of section 113(g) of title 
10, United States Code, as added by subsection (a), that 
the Secretary of Defense submit reports under that para-
graph at the time of the President’s annual budget sub-
mission, the Secretary shall submit to the congressional 
defense committees the first report required under that 
paragraph by not later than 120 days after the date of 
the enactment of this Act. 
(c) LIMITATION ON OBLIGATION OF FUNDS PENDING 
REPORT.—Of the funds authorized to be appropriated by 
this Act for Operation and Maintenance, Defense-wide, for 
the office of the Secretary of Defense, not more than 75 
percent may be obligated or expended before the date that 
is 15 days after the date on which the Secretary submits 
the report described in subsection (b). 
SEC. 1080. REPORT ON UNITED STATES CITIZENS SUBJECT 
TO MILITARY DETENTION. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress an annual report on United 
States citizens subject to military detention. Such report
560 
shall include, for the period covered by the report, each 
of the following: 
(1) The name of each United States citizen 
subject to military detention during such period. 
(2) The legal justification for such detention of 
such citizen. 
(3) The steps taken to provide judicial process 
for or to release each such citizen. 
(b) FORM OF REPORT.—The report required by sub-
section (a) shall be in unclassified form but may contain 
a classified annex. 
(c) AVAILABILITY
OF REPORT.—The report sub-
mitted under subsection (a) shall be made available to all 
members of Congress. 
(d) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to authorize or express approval for sub-
jecting United States citizens to military detention. 
SEC. 1080A. REPORT ON IMPLEMENTATION OF THE REC-
OMMENDATIONS OF THE PALOMARES NU-
CLEAR WEAPONS ACCIDENT REVISED DOSE 
EVALUATION REPORT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Air Force shall sub-
mit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the imple-
561 
mentation of the recommendations of the Palomares Nu-
clear Weapons Accident Revised Dose Evaluation Report 
released in April by the Air Force in 2001. 
SEC. 1080B. REPORT ON LONG-TERM COSTS OF OPERATION 
IRAQI FREEDOM AND OPERATION ENDURING 
FREEDOM. 
(a) REPORT REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the President, 
with contributions from the Secretary of Defense, the Sec-
retary of State, and the Secretary of Veterans Affairs, 
shall submit to Congress a report containing an estimate 
of previous costs of Operation New Dawn (the successor 
contingency operation to Operation Iraqi Freedom) and 
the long-term costs of Operation Enduring Freedom for 
a scenario, determined by the President and based on cur-
rent contingency operation and withdrawal plans, that 
takes into account expected force levels and the expected 
length of time that members of the Armed Forces will be 
deployed in support of Operation Enduring Freedom. 
(b) ESTIMATES TO BE USED IN PREPARATION OF 
REPORT.—In preparing the report required by subsection 
(a), the President shall make estimates and projections 
through at least fiscal year 2023, adjust any dollar 
amounts appropriately for inflation, and take into account 
and specify each of the following:
562 
(1) The total number of members of the Armed 
Forces expected to be deployed in support of Oper-
ation Enduring Freedom, including— 
(A) the number of members of the Armed 
Forces actually deployed in Southwest Asia in 
support of Operation Enduring Freedom; 
(B) the number of members of reserve 
components of the Armed Forces called or or-
dered to active duty in the United States for 
the purpose of training for eventual deployment 
in Southwest Asia, backfilling for deployed 
troops, or supporting other Department of De-
fense missions directly or indirectly related to 
Operation Enduring Freedom; and 
(C) the break-down of deployments of 
members of the regular and reserve components 
and activation of members of the reserve com-
ponents. 
(2) The number of members of the Armed 
Forces, including members of the reserve compo-
nents, who have previously served in support of Op-
eration Iraqi Freedom, Operation New Dawn, or Op-
eration Enduring Freedom and who are expected to 
serve multiple deployments.
563 
(3) The number of contractors and private mili-
tary security firms that have been used and are ex-
pected to be used during the course of Operation 
Iraqi Freedom, Operation New Dawn, and Oper-
ation Enduring Freedom. 
(4) The number of veterans currently suffering 
and expected to suffer from post-traumatic stress 
disorder, traumatic brain injury, or other mental in-
juries. 
(5) The number of veterans currently in need of 
and expected to be in need of prosthetic care and 
treatment because of amputations incurred during 
service in support of Operation Iraqi Freedom, Op-
eration New Dawn, or Operation Enduring Free-
dom. 
(6) The current number of pending Department 
of Veterans Affairs claims from veterans of military 
service in Iraq and Afghanistan, and the total num-
ber of such veterans expected to seek disability com-
pensation from the Department of Veterans Affairs. 
(7) The total number of members of the Armed 
Forces who have been killed or wounded in Iraq or 
Afghanistan, including noncombat casualties, the 
total number of members expected to suffer injuries 
in Afghanistan, and the total number of members
564 
expected to be killed in Afghanistan, including non-
combat casualties. 
(8) The amount of funds previously appro-
priated for the Department of Defense, the Depart-
ment of State, and the Department of Veterans Af-
fairs for costs related to Operation Iraqi Freedom, 
Operation New Dawn, and Operation Enduring 
Freedom, including an account of the amount of 
funding from regular Department of Defense, De-
partment of State, and Department of Veterans Af-
fairs budgets that has gone and will go to costs asso-
ciated with such operations. 
(9) Previous, current, and future operational 
expenditures associated with Operation Enduring 
Freedom and, when applicable, Operation Iraqi 
Freedom and Operation New Dawn, including— 
(A) funding for combat operations; 
(B) deploying, transporting, feeding, and 
housing members of the Armed Forces (includ-
ing fuel costs); 
(C) activation and deployment of members 
of the reserve components of the Armed Forces; 
(D) equipping and training of Iraqi and 
Afghani forces;
565 
(E) purchasing, upgrading, and repairing 
weapons, munitions, and other equipment con-
sumed or used in Operation Iraqi Freedom, Op-
eration New Dawn, or Operation Enduring 
Freedom; and 
(F) payments to other countries for 
logistical assistance in support of such oper-
ations. 
(10) Past, current, and future costs of entering 
into contracts with private military security firms 
and other contractors for the provision of goods and 
services associated with Operation Iraqi Freedom, 
Operation New Dawn, and Operation Enduring 
Freedom. 
(11) Average annual cost for each member of 
the Armed Forces deployed in support of Operation 
Enduring Freedom, including room and board, 
equipment and body armor, transportation of troops 
and equipment (including fuel costs), and oper-
ational costs. 
(12) Current and future cost of combat-related 
special pays and benefits, including reenlistment bo-
nuses.
566 
(13) Current and future cost of calling or or-
dering members of the reserve components to active 
duty in support of Operation Enduring Freedom. 
(14) Current and future cost for reconstruction, 
embassy operations and construction, and foreign 
aid programs for Iraq and Afghanistan. 
(15) Current and future cost of bases and other 
infrastructure to support members of the Armed 
Forces serving in Afghanistan. 
(16) Current and future cost of providing 
health care for veterans who served in support of 
Operation Iraqi Freedom, Operation New Dawn, or 
Operation Enduring Freedom, including— 
(A) the cost of mental health treatment for 
veterans suffering from post-traumatic stress 
disorder and traumatic brain injury, and other 
mental problems as a result of such service; and 
(B) the cost of lifetime prosthetics care 
and treatment for veterans suffering from am-
putations as a result of such service. 
(17) Current and future cost of providing De-
partment of Veterans Affairs disability benefits for 
the lifetime of veterans who incur disabilities while 
serving in support of Operation Iraqi Freedom, Op-
567 
eration New Dawn, or Operation Enduring Free-
dom. 
(18) Current and future cost of providing sur-
vivors’ benefits to survivors of members of the 
Armed Forces killed while serving in support of Op-
eration Iraqi Freedom, Operation New Dawn, or Op-
eration Enduring Freedom. 
(19) Cost of bringing members of the Armed 
Forces and equipment back to the United States 
upon the conclusion of Operation Enduring Free-
dom, including the cost of demobilization, transpor-
tation costs (including fuel costs), providing transi-
tion services for members of the Armed Forces 
transitioning from active duty to veteran status, 
transporting equipment, weapons, and munitions 
(including fuel costs), and an estimate of the value 
of equipment that will be left behind. 
(20) Cost to restore the military and military 
equipment, including the equipment of the reserve 
components, to full strength after the conclusion of 
Operation Enduring Freedom. 
(21) Amount of money borrowed to pay for Op-
eration Iraqi Freedom, Operation New Dawn, and 
Operation Enduring Freedom, and the sources of 
that money.
568 
(22) Interest on money borrowed, including in-
terest for money already borrowed and anticipated 
interest payments on future borrowing, for Oper-
ation Iraqi Freedom, Operation New Dawn, and Op-
eration Enduring Freedom. 
Subtitle I—Other Matters 
SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10.—Title 10, United States Code, is 
amended as follows: 
(1) The table of chapters at the beginning of 
subtitle A, and at the beginning of part I of such 
subtitle, are each amended by striking the item re-
lating to chapter 24 and inserting the following: 
‘‘24. Nuclear Posture ........................................................................
491’’. 
(2) Section 122a(a) is amended by striking 
‘‘subsection (b) is’’ and inserting ‘‘subsection (b) 
is—’’. 
(3) The table of sections at the beginning of 
chapter 3 is amended by striking the item relating 
to section 130e and inserting the following new item: 
‘‘130e. Treatment under Freedom of Information Act of critical infrastructure 
security information.’’. 
(4) The table of sections at the beginning of 
chapter 9 is amended by striking the item relating 
to section 231 and inserting the following new item: 
‘‘231. Budgeting for construction of naval vessels: annual plan and certifi-
cation.’’.
569 
(5) Section 231a(a) is amended by striking 
‘‘fiscal year of Defense’’ and inserting ‘‘fiscal year, 
the Secretary of Defense’’. 
(6) Chapter 24 is amended by adding a period 
at the end of the enumerator of section 498. 
(7) Section 494(c) is amended by striking ‘‘the 
date of the enactment of this Act’’ each place it ap-
pears and inserting ‘‘December 31, 2011’’. 
(8) Section 673(a) is amended by inserting ‘‘of 
the Uniform Code of Military Justice’’ after ‘‘120c’’. 
(9) Section 1401a is amended by striking ‘‘be-
fore the enactment of the National Defense Author-
ization Act for Fiscal Year 2008’’ in subsections (d) 
and (e) and inserting ‘‘before January 28, 2008’’. 
(10) Section 2359b(k)(4)(B) is amended by 
adding a period at the end. 
(11) Section 2461(a)(5)(E)(i) is amended by 
striking ‘‘the a’’ and inserting ‘‘the’’. 
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2013.—Effective as of January 2, 2013, 
and as if included therein as enacted, the National De-
fense Authorization Act for Fiscal Year 2013 (Public Law 
112–239) is amended as follows:
570 
(1) Section 322(e)(2) (126 Stat. 1695) is 
amended by striking ‘‘Section 2366b(A)(3)(F)’’ and 
inserting ‘‘Section 2366b(a)(3)(F)’’. 
(2) Section 371(a)(1) (126 Stat. 1706) is 
amended by striking ‘‘subsections (f) and (g) as sub-
sections (g) and (h), respectively’’ and inserting 
‘‘subsection
(f) as subsection (g)’’. 
(3) Section 611(7) (126 Stat. 1776) is amended 
by striking ‘‘Section 408a(e)’’ and inserting ‘‘Section 
478a(e)’’. 
(4) Section 822(b) (126 Stat. 1830) is amended 
by striking ‘‘such Act’’ and inserting ‘‘such section’’. 
(5) Section 1031(b)(3)(B) (126 Stat.1918) is 
amended by striking the subclause (III) immediately 
below clause (iv). 
(6) Section 1031(b)(4) (126 Stat.1919) is 
amended by striking ‘‘Section 1031(b)’’ and insert-
ing ‘‘Section 1041(b)’’. 
(7) Section 1086(d)(1) (126 Stat.1969) is 
amended by striking ‘‘paragraph (1)’’ and inserting 
‘‘paragraph (2)’’. 
(8) Section 1221(a)(2) (126 Stat. 1992) is 
amended by striking ‘‘FISCAL’’ both places it ap-
pears and inserting ‘‘FISCAL’’.
572 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 
1694), is amended by striking ‘‘subsection 4703’’ and in-
serting ‘‘section 4703’’. 
(e) AMENDMENT TO TITLE 41.—Section 4712(i) is 
amended by inserting before ‘‘the enactment’’ the fol-
lowing: ‘‘that is 180 days after the date’’. 
(f) COORDINATION
WITH
OTHER
AMENDMENTS 
MADE BY THIS ACT.—For purposes of applying amend-
ments made by provisions of this Act other than this sec-
tion, the amendments made by this section shall be treated 
as having been enacted immediately before any amend-
ment made by other provisions of this Act. 
SEC. 1082. TRANSPORTATION OF SUPPLIES FOR THE 
UNITED STATES BY AIRCRAFT OPERATED BY 
UNITED STATES AIR CARRIERS. 
(a) DEPARTMENT OF DEFENSE.— 
(1) IN
GENERAL.—Chapter 157 of title 10, 
United States Code, is amended by inserting after 
section 2631a the following new section: 
‘‘§ 2631b. Supplies: preference to United States air-
craft 
‘‘(a) PREFERENCE.—Only aircraft owned by the 
United States, or aircraft operated by or under the super-
vision of United States air carriers holding a certificate 
under section 41102 of title 49 and registered in the Civil
573 
Reserve Air Fleet, may be used for the transportation by 
air of supplies on behalf of any component of the Depart-
ment of Defense. However, if the President finds that the 
rates charged for the use of those aircraft is excessive or 
otherwise unreasonable, contracts for transportation may 
be made as otherwise provided by law. Charges made for 
the transportation of those supplies by those aircraft may 
not be higher than the charges made for transporting like 
goods for private persons. 
‘‘(b) OUTSIZE AND OVERSIZE CARGOES.—(1) The 
preference under subsection (a) shall not apply to outsize 
or oversize cargoes if no air carrier registered in the Civil 
Reserve Air Fleet nor any aircraft owned by the United 
States are available and capable of transporting such a 
cargo. 
‘‘(2) The Secretary of Defense shall ensure that, to 
the maximum extent practicable, outsize and oversize car-
goes are transported by aircraft owned and operated by 
the United States or by air carriers in the Civil Reserve 
Air Fleet. 
‘‘(3) Not later than March 30 of each year, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on outsize and oversize cargo flights. 
Each such report shall include, for the year covered by 
the report, each of the following:
574 
‘‘(A) The number of outsize and oversize cargo 
flights, including the number of flights and tonnage 
of each flight, flown both by aircraft owned and op-
erated by the United States and by carriers in the 
Civil Reserve Air Fleet. 
‘‘(B) For any cargo carried by aircraft that is 
neither owned and operated by the United States 
nor by an air carrier in the Civil Reserve Air Fleet, 
an explanation for the use of such a carrier.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2631a 
the following new item: 
‘‘2631b. Supplies: preference to United States aircraft.’’. 
(b) OTHER DEPARTMENTS AND AGENCIES.— 
(1) IN
GENERAL.—Chapter 401 of title 49, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 40131. Air transportation procured by the United 
States Government 
‘‘(a) GUARANTEE.—Consistent with the provisions of 
section 40118 of title 49, when the United States pro-
cures, enters into a contract or subcontract for, or other-
wise obtains for its own account, or furnishes to or for 
the account of a foreign country, organization, or person 
without provision for reimbursement, any equipment, ma-
575 
terials, or commodities, or provides financing in any way 
with Federal funds for the account of any person unless 
otherwise exempted, within or without the United States, 
or advances funds or credits, or guarantees the convert-
ibility of foreign currencies in connection with the fur-
nishing or obtaining of the equipment, materials, or com-
modities, the appropriate agencies shall take steps nec-
essary and practicable to ensure that at least 50 percent 
of the gross tonnage of the equipment, materials, or com-
modities which may be transported on fixed wing aircraft 
are transported on privately-owned commercial aircraft 
that are owned, operated, or otherwise supervised by air 
carriers holding a certificate under section 41102 of this 
title and registered in the Civil Reserve Air Fleet, to the 
extent those aircraft are appropriate and available at fair 
and reasonable rates. 
‘‘(b) EXCEPTION.— 
‘‘(1) IN GENERAL.—The requirements of this 
section shall not apply to any equipment, materials, 
or commodities transported for the use of the mili-
tary services of the United States or to respond to 
a humanitarian disaster. 
‘‘(2) HUMANITARIAN DISASTER DEFINED.—For 
purposes of this subsection, the term ‘humanitarian 
disaster’ means a man-made or natural occurrence
576 
that causes loss of life, health, property, or liveli-
hood, inflicting severe destruction and distress. 
‘‘(c) WAIVER.— 
‘‘(1) IN
GENERAL.—The President, the Sec-
retary of Transportation, or the Secretary of State, 
in coordination with the Secretary of Defense, as ap-
propriate, may issue a temporary waiver of this sec-
tion— 
‘‘(A) to respond to an emergency; or 
‘‘(B) if such a waiver is in the national in-
terests of the United States. 
‘‘(2) COMMITTEE NOTICE.—The President, the 
Secretary of Transportation, or the Secretary of 
State, as appropriate, shall notify the following Com-
mittees within 30 days of exercising a waiver under 
paragraph (1): 
‘‘(A) The Committees on Armed Services 
and Appropriations of the Senate and the 
House of Representatives. 
‘‘(B) 
The 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate. 
‘‘(C) The Committee on Transportation 
and Infrastructure of the House of Representa-
tives.
577 
‘‘(D) The Committee on Foreign Relations 
of the Senate. 
‘‘(E) The Committee on Foreign Affairs of 
the House of Representatives. 
‘‘(3) EXPIRATION AND RENEWAL OF WAIVER.— 
Any waiver issued under paragraph (1) shall expire 
not later than 180 days after the date on which it 
is issued. The President, the Secretary of Transpor-
tation, or the Secretary of State, as appropriate, 
may renew an expired or expiring waiver as long as 
the President or Secretary provides notice to the 
committees referred to in paragraph (2) in accord-
ance with that paragraph. 
‘‘(d) REGULATIONS.—Each department or agency of 
the Government shall administer its air transport oper-
ations according to regulations and guidance issued by the 
Secretary of Transportation. 
‘‘(e) ENFORCEMENT.—The Secretary of Transpor-
tation may impose on any person violating this section, 
or a regulation issued under this section, a civil penalty 
of up to $25,000 for each violation knowingly committed, 
with each day of a continuing violation following the initial 
shipment to be a separate violation.’’.
578 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘40131. Air transportation procured by the United States Government.’’. 
SEC. 1082A. TRANSPORTATION OF SUPPLIES TO MEMBERS 
OF THE ARMED FORCES FROM NONPROFIT 
ORGANIZATIONS. 
(a) IN GENERAL.—Chapter 20 of title 10, United 
States Code, is amended by inserting after section 402 the 
following new section: 
‘‘§ 403. Transportation of supplies from nonprofit or-
ganizations 
‘‘(a) AUTHORIZATION OF TRANSPORTATION.—Not-
withstanding any other provision of law, and subject to 
subsection (b), the Secretary of Defense may transport to 
any country, without charge, supplies that have been fur-
nished by a nonprofit organization and that are intended 
for distribution to members of the armed forces. Such sup-
plies may be transported only on a space available basis. 
‘‘(b) LIMITATIONS.—(1) The Secretary may not 
transport supplies under subsection (a) unless the Sec-
retary determines that— 
‘‘(A) the transportation of the supplies is con-
sistent with the policies of the United States;
579 
‘‘(B) the supplies are suitable for distribution to 
members of the armed forces and are in usable con-
dition; 
‘‘(C) there is a legitimate need for the supplies 
by the members of the armed forces for whom they 
are intended; and 
‘‘(D) adequate arrangements have been made 
for the distribution and use of the supplies. 
‘‘(2) PROCEDURES.—The Secretary shall establish 
procedures for making the determinations required under 
paragraph (1). Such procedures shall include inspection 
of supplies before acceptance for transport. 
‘‘(3) PREPARATION.—It shall be the responsibility of 
the nonprofit organization requesting the transport of sup-
plies under this section to ensure that the supplies are 
suitable for transport. 
‘‘(c) DISTRIBUTION.—Supplies transported under 
this section may be distributed by the United States Gov-
ernment or a nonprofit organization. 
‘‘(d) DEFINITION OF NONPROFIT ORGANIZATION.— 
In this section, the term ‘nonprofit organization’ means 
an organization described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 and exempt from tax under 
section 501(a) of such Code.’’.
580 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 20 of such title is amended 
by inserting after the item relating to section 402 the fol-
lowing new item: 
‘‘403. Transportation of supplies from nonprofit organizations.’’. 
SEC. 1083. REDUCTION IN COSTS TO REPORT CRITICAL 
CHANGES TO MAJOR AUTOMATED INFORMA-
TION SYSTEM PROGRAMS. 
(a) EXTENSION OF A PROGRAM DEFINED.—Section 
2445a of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(g) EXTENSION OF A PROGRAM.—In this chapter, 
the term ‘extension of a program’ means, with respect to 
a major automated information system program or other 
major information technology investment program, the 
further deployment or planned deployment to additional 
users of the system which has already been found oper-
ationally effective and suitable by an independent test 
agency or the Director of Operational Test and Evalua-
tion, beyond the scope planned in the original estimate or 
information originally submitted on the program.’’. 
(b) REPORTS ON CRITICAL CHANGES IN MAIS PRO-
GRAMS.—Subsection (d) of section 2445c of such title is 
amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraph (3)’’;
581 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) NOTIFICATION WHEN VARIANCE DUE TO 
CONGRESSIONAL
ACTION
OR
EXTENSION
OF
PRO-
GRAM.—If a senior Department of Defense official 
who, following receipt of a quarterly report described 
in paragraph (1) and making a determination de-
scribed in paragraph (3), also determines that the 
circumstances resulting in the determination de-
scribed in paragraph (3) either (A) are primarily the 
result of congressional action, or (B) are primarily 
due to an extension of a program, the official may, 
in lieu of carrying out an evaluation and submitting 
a report in accordance with paragraph (1), submit 
to the congressional defense committees, within 45 
days after receiving the quarterly report, a notifica-
tion that the official has made those determinations. 
If such a notification is submitted, the limitation in 
subsection (g)(1) does not apply with respect to that 
determination under paragraph (3).’’. 
(c) 
CONFORMING
CROSS-REFERENCE
AMEND-
MENT.—Subsection (g)(1) of such section is amended by
582 
striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection 
(d)(3)’’. 
(d) TOTAL ACQUISITION COST INFORMATION.—Title 
10, United States Code, is further amended— 
(1) in section 2445b(b)(3), by striking ‘‘devel-
opment costs’’ and inserting ‘‘total acquisition 
costs’’; and 
(2) in section 2445c— 
(A) in subparagraph (B) of subsection 
(c)(2), by striking ‘‘program development cost’’ 
and inserting ‘‘total acquisition cost’’; and 
(B) in subparagraph (C) of subsection 
(d)(3) (as redesignated by subsection (b)(2)), 
by striking ‘‘program development cost’’ and in-
serting ‘‘total acquisition cost’’. 
(e) CLARIFICATION OF CROSS-REFERENCE.—Section 
2445c(g)(2) of such title is amended by striking ‘‘in com-
pliance with the requirements of subsection (d)(2)’’ and 
inserting ‘‘under subsection (d)(1)(B)’’. 
SEC. 1084. EXTENSION OF AUTHORITY OF SECRETARY OF 
TRANSPORTATION TO ISSUE NON-PREMIUM 
AVIATION INSURANCE. 
Section 44310 of title 49, United States Code, is 
amended—
583 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The authority’’; 
(2) by striking ‘‘this chapter’’ and inserting 
‘‘any provision of this chapter other than section 
44305’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) INSURANCE OF UNITED STATES GOVERNMENT 
PROPERTY.—The authority of the Secretary of Transpor-
tation to provide insurance and reinsurance for a depart-
ment, agency, or instrumentality of the United States 
Government under section 44305 is not effective after De-
cember 31, 2018.’’. 
SEC. 1085. REVISION OF COMPENSATION OF MEMBERS OF 
THE NATIONAL COMMISSION ON THE STRUC-
TURE OF THE AIR FORCE. 
(a) REVISION.—Section 365(a) of the National De-
fense Authorization Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat.1705) is amended— 
(1) by striking ‘‘shall be compensated’’ and in-
serting ‘‘may be compensated’’; 
(2) by striking ‘‘equal to’’ and inserting ‘‘not to 
exceed’’; and 
(3) by inserting ‘‘of $155,400’’ after ‘‘annual 
rate’’.
584 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to compensation for 
a duty performed on or after April 2, 2013. 
SEC. 1086. PROTECTION OF TIER ONE TASK CRITICAL AS-
SETS FROM ELECTROMAGNETIC PULSE AND 
HIGH-POWERED MICROWAVE SYSTEMS. 
(a) CERTIFICATION
REQUIRED.—Not later than 
June 1, 2014, the Secretary of Defense, in consultation 
with the Secretary of Homeland Security and the Federal 
Energy Regulatory Commission, shall submit to the con-
gressional defense committees certification that defense 
critical assets designated as tier one task critical assets 
(hereinafter referred to as ‘‘TCAs’’) that receive power 
supply from commercial or other non-military sources are 
protected from the adverse effects of man-made or natu-
rally occurring electromagnetic pulse and high-powered 
microwave weapons. Any such assets found not to be so 
protected shall be included in the plan required under sub-
section (b). 
(b) PLAN REQUIRED.—Not later than January 1, 
2015, the Secretary of Defense, in consultation with the 
Secretary of Homeland Security and the Federal Energy 
Regulatory Commission, shall submit to the congressional 
defense committees a plan for tier one TCAs to receive 
electricity by means that are protected from the adverse
585 
effects of man-made or naturally occurring electro-
magnetic pulse and high-powered microwave weapons. The 
plan shall include the following elements: 
(1) An analysis of how the Department of De-
fense, in consultation with the Secretary of Home-
land Security and the Federal Energy Regulatory 
Commission, plans to mitigate any risks to mission 
assurance for non-certified tier one TCAs, including 
any steps that may be needed for remediation. 
(2) The development or adoption by the De-
partment, in consultation with the Secretary of 
Homeland Security and the Federal Energy Regu-
latory Commission, of a standard of resistance or 
protection against man-made and natural electro-
magnetic threats for electricity sources that supply 
electricity to tier one TCAs. 
(3) The development by the Department, in 
consultation with the Secretary of Homeland Secu-
rity and the Federal Energy Regulatory Commis-
sion, of a strategy to certify by December 31, 2015, 
that all electricity sourced to tier one TCAs is pro-
vided by facilities that meet the standard developed 
under paragraph (2). 
(c) PREPARATION OF PLAN.—In preparing the plan 
required by subsection (b), the Secretary of Defense, in
586 
consultation with the Secretary of Homeland Security and 
the Federal Energy Regulatory Commission, shall use the 
guidance and recommendations of the Commission to As-
sess the Threat to the United States from Electromagnetic 
Pulse Attack established by section 1401 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106–398; 
114 Stat. 1654A–345). 
(d) FORM OF SUBMISSION.—The plan required by 
subsection (b) shall be submitted in classified form. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘task critical asset’’ means an 
asset of such extraordinary importance to operations 
in peace, crisis, and war that its incapacitation or 
destruction would have a debilitating effect on the 
ability of the Department of Defense to fulfill its 
missions. 
(2) The term ‘‘tier one’’ with respect to a task 
critical asset means such an asset the loss, incapaci-
tation, or disruption of which could result in mission 
(or function) failure at the Department of Defense, 
military department, combatant command, sub-uni-
fied command, Defense Agency, or defense infra-
structure sector level.
587 
SEC. 1087. STRATEGY FOR FUTURE MILITARY INFORMA-
TION OPERATIONS CAPABILITIES. 
(a) STRATEGY REQUIRED.—The Secretary of De-
fense shall develop and implement a strategy for devel-
oping and sustaining military information operations ca-
pabilities for future contingencies. The Secretary shall 
submit such strategy to the congressional defense commit-
tees by not later than February 1, 2014. 
(b) CONTENTS
OF STRATEGY.—The strategy re-
quired in subsection (a) shall include each of the following: 
(1) A plan for the sustainment of existing capa-
bilities that have been developed during the ten-year 
period prior to the date of the enactment of this Act, 
including such capabilities developed using funds au-
thorized to be appropriated for overseas contingency 
operations. 
(2) A discussion of how the capabilities referred 
to in paragraph (1) are being integrated into both 
operational plans (OPLANS) and contingency plans 
(CONPLANS). 
(3) An assessment of the force structure that is 
necessary to support operational planning and po-
tential contingency operations, including the relative 
balance across the active and reserve components. 
(4) Estimates of the steady-state resources 
needed to support the force structure referred to in
588 
paragraph (3), as well as estimates for resources 
that might be needed based on selected OPLANS 
and CONPLANS. 
(5) A description of how new and emerging 
technologies can be incorporated into the projected 
force 
structure 
and 
future 
OPLANS 
and 
CONPLANS. 
(6) A description of new capabilities that may 
be needed to fill any identified gaps and programs 
that might be required to develop such capabilities. 
SEC. 1088. COMPLIANCE OF MILITARY DEPARTMENTS WITH 
MINIMUM SAFE STAFFING STANDARDS. 
In implementing the sequester required by section 
251A of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as ordered on March 1, 2013, the 
Secretary of Defense shall ensure that all military depart-
ments remain fully compliant with minimum safe staffing 
standards, as outlined in the Department of Defense Fire 
and Emergency Services Program (DoD Instruction 
6055.06).
589 
SEC. 1089. DETERMINATION AND DISCLOSURE OF TRANS-
PORTATION 
COSTS 
INCURRED 
BY 
SEC-
RETARY OF DEFENSE FOR CONGRESSIONAL 
TRIPS OUTSIDE THE UNITED STATES. 
(a) DETERMINATION AND DISCLOSURE OF COSTS BY 
SECRETARY.—In the case of a trip taken by a Member, 
officer, or employee of the House of Representatives or 
Senate in carrying out official duties outside the United 
States for which the Department of Defense provides 
transportation, the Secretary of Defense shall— 
(1) determine the cost of the transportation 
provided with respect to the Member, officer, or em-
ployee; 
(2) not later than 10 days after completion of 
the trip involved, provide a written statement of the 
cost— 
(A) to the Member, officer, or employee in-
volved; and 
(B) to the Committee on Armed Services 
of the House of Representatives (in the case of 
a trip taken by a Member, officer, or employee 
of the House) or the Committee on Armed 
Services of the Senate (in the case of a trip 
taken by a Member, officer, or employee of the 
Senate); and
590 
(3) upon providing a written statement under 
paragraph (2), make the statement available for 
viewing on the Secretary’s official public website 
until the expiration of the 4-year period which be-
gins on the final day of the trip involved. 
(b) EXCEPTIONS.— 
(1) EXCEPTIONS
DESCRIBED.—This section 
does not apply with respect to any trip for which any 
of the following applies: 
(A) The purpose of the trip is to visit one 
or more United States military installations or 
to visit United States military personnel in a 
war zone (or both). 
(B) The use of transportation provided by 
the Department of Defense is necessary to pro-
tect the safety and security of the individuals 
taking the trip. 
(2) CONSULTATION.—In determining whether 
or not a trip is described in paragraph (1), the Sec-
retary of Defense shall consult with the Speaker of 
the House of Representatives (in the case of a trip 
taken by a Member, officer, or employee of the 
House) or the Majority Leader of the Senate (in the 
case of a trip taken by a Member, officer, or em-
ployee of the Senate).
591 
(c) DEFINITIONS.—In this section: 
(1) MEMBER.—The term ‘‘Member’’, with re-
spect to the House of Representatives, includes a 
Delegate or Resident Commissioner to the Congress. 
(2) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the several States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, the 
Virgin Islands, Guam, American Samoa, and any 
other territory or possession of the United States. 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to trips taken on or after the date of the enact-
ment of this Act, except that this section does not apply 
with respect to any trip which began prior to such date. 
SEC. 1090. TRANSFER OR LOAN OF EQUIPMENT TO THE DE-
PARTMENT OF HOMELAND SECURITY RELAT-
ING TO BORDER SECURITY. 
The Secretary of Defense may coordinate with the 
Secretary of Homeland Security to identify and provide 
for the transfer or long-term loan to the Department of 
Homeland Security of equipment the Secretary of Defense 
determines to be excess and the Secretary of Homeland 
Security determines to be appropriate in order to increase 
situational awareness and achieve operational control of 
the international borders of the United States.
592 
SEC. 1091. TRANSFER TO THE DEPARTMENT OF HOMELAND 
SECURITY OF THE TETHERED AEROSTAT 
RADAR SYSTEM. 
Notwithstanding any other provision of law, not later 
than September 30, 2013, the Secretary of Defense is au-
thorized to transfer to the Secretary of Homeland Secu-
rity, and the Secretary of Homeland Security is authorized 
to accept from the Secretary of Defense, full contract own-
ership and management responsibilities for the existing 
Tethered Aerostat Radar System (TARS) program and 
contracts. Neither the Department of Defense nor the De-
partment of Homeland Security shall be required to reim-
burse the other agency for any services under the TARS 
program. 
SEC. 1092. SALE OR DONATION OF EXCESS PERSONAL 
PROPERTY FOR BORDER SECURITY ACTIVI-
TIES. 
Section 2576a of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A), by inserting ‘‘bor-
der security activities and’’ before ‘‘law enforce-
ment activities’’; and 
(B) in paragraph (2), by inserting ‘‘, the 
Secretary of Homeland Security,’’ after ‘‘Attor-
ney General’’; and