Text: S.2410 — 113th Congress (2013-2014)All Bill Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Placed on Calendar Senate (06/02/2014)

Calendar No. 402

113th CONGRESS
2d Session
S. 2410

[Report No. 113–176]


To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.


IN THE SENATE OF THE UNITED STATES

June 2, 2014

Mr. Levin, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar


A BILL

To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; findings.

(a) Short title.—This Act may be cited as the “Carl Levin National Defense Authorization Act for Fiscal Year 2015”.

(b) Findings.—Congress makes the following findings:

(1) Senator Carl Levin of Michigan was elected a member of the United States Senate on November 7, 1978, for a full term beginning January 3, 1979. He has served continuously in the Senate since that date, and was appointed as a member of the Committee on Armed Services in January 1979. He has served on the Committee on Armed Services since that date, a period of nearly 36 years.

(2) A graduate of Detroit Central High School, Senator Levin went on to Swarthmore College, and graduated from Harvard Law School in 1959, gaining admittance to the Michigan bar. He served his State as assistant attorney general and general counsel of the Michigan Civil Rights Commission from 1964–1967, and later served his hometown of Detroit as a member of the Detroit City Council from 1969–1973, and as the council’s president from 1974–1977.

(3) Senator Levin first served as chairman of the Committee on Armed Services of the United States Senate for a period of the 107th Congress, and has remained chairman since the 110th Congress began in 2007. He has exercised extraordinary leadership as either the chairman or ranking minority member of the committee since the start of the 105th Congress in 1997.

(4) Each year, for the past 52 years, the Committee on Armed Services has reliably passed an annual defense authorization act, and this will be the 36th that Senator Levin has had a role in. In his capacity as member, ranking member, and chairman, he has been an advocate for a strong national defense, and has made lasting contributions to the security of our Nation.

(5) It is altogether fitting and proper that this Act, the last annual authorization act for the national defense that Senator Levin manages in and for the United States Senate as chairman of the Committee on Armed Services, be named in his honor, as provided in subsection (a).

SEC. 2. Organization of Act into divisions; table of contents.

(a) Divisions.—This Act is organized into four divisions as follows:

(1) Division A–Department of Defense Authorizations.

(2) Division B–Military Construction Authorizations.

(3) Division C–Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D–Funding Tables.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; findings.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations


Sec. 101. Authorization of appropriations.

Subtitle C—Navy Programs


Sec. 121. Airborne electronic attack capabilities.

Sec. 122. Report on test evaluation master plan for Littoral Combat Ship seaframes and mission modules.

Sec. 123. Authority to transfer certain funds for refueling of aircraft carrier and construction of amphibious ship.

Subtitle D—Air Force Programs


Sec. 131. Prohibition on retirement of MQ–1 Predator aircraft.

Sec. 132. Limitation on availability of funds for retirement of Air Force aircraft.

Sec. 133. Temporary limitation on availability of funds for transfer of Air Force C–130H and C–130J aircraft.

Sec. 134. Limitation on availability of funds for retirement of A–10 aircraft.

Sec. 135. Limitation on transfer of KC–135 tankers.

Sec. 136. Limitation on availability of funds for retirement of Airborne Warning and Control System (AWACS) aircraft.

Sec. 137. Report on status of air-launched cruise missile capabilities.

Sec. 138. Report on C–130 aircraft.

Sec. 139. Report on status of F–16 aircraft.

Sec. 140. Report on options to modernize or replace the T–1A aircraft.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of appropriations


Sec. 201. Authorization of appropriations.

Subtitle B—Program requirements, restrictions, and limitations


Sec. 211. Modification of authority for prizes for advanced technology achievements.

Sec. 212. Modification of Manufacturing Technology Program.

Sec. 213. Limitation on retirement of Joint Surveillance and Target Attack Radar Systems aircraft.

Sec. 214. Limitation on significant modifications of Army test and evaluation capabilities.

Subtitle C—Reports


Sec. 221. Study and reports on the technological superiority of the United States military.

Sec. 222. Reduction in frequency of reporting by Deputy Assistant Secretary of Defense for Systems Engineering.

Subtitle D—Other matters


Sec. 231. Pilot program on assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise.

Sec. 232. Pilot program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics.

Sec. 233. Modification to requirement for contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of appropriations


Sec. 301. Authorization of appropriations.

Subtitle B—Energy and the environment


Sec. 311. Method of funding for cooperative agreements under the Sikes Act.

Sec. 312. Environmental restoration at former Naval Air Station Chincoteague, Virginia.

Sec. 313. Limitation on availability of funds for procurement of drop-in fuels.

Sec. 314. Study on implementation of requirements for consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes.

Sec. 315. Comptroller General study of Department of Defense research and development projects and investments to increase energy security and meet energy goals requirements.

Sec. 316. Decontamination of a portion of former bombardment area on island of Culebra, Puerto Rico.

Subtitle C—Logistics and sustainment


Sec. 321. Modification of annual reporting requirement related to prepositioning of materiel and equipment.

Sec. 322. Modification of quarterly readiness reporting requirement.

Sec. 323. Elimination of authority to abolish arsenals.

Subtitle D—Reports


Sec. 331. Repeal of annual report on Department of Defense operation and financial support for military museums.

Subtitle E—Limitations and extensions of authority


Sec. 341. Limitation on MC–12 aircraft transfer to United States Special Operations Command.

Sec. 342. Limitation on establishment of regional Special Operations Forces Coordination Centers.

Subtitle F—Other matters


Sec. 351. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors.

Sec. 352. Revised policy on ground combat and camouflage utility uniforms.

Sec. 353. Southern Sea Otter Military Readiness Areas.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces


Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces


Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2015 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations


Sec. 421. Military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy


Sec. 501. Authority for three-month deferral of retirement for officers selected for selective early retirement.

Sec. 502. Repeal of limits on percentage of officers who may be recommended for discharge during a fiscal year under enhanced selective discharge authority.

Sec. 503. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning.

Sec. 504. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties.

Sec. 505. Repeal of requirement for submittal to Congress of annual reports on joint officer management and promotion policy objectives for joint officers.

Subtitle B—Reserve Component Management


Sec. 511. Retention on reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees.

Sec. 512. Database on military technician positions.

Sec. 513. Improved consistency in suicide prevention and resilience program for the reserve components of the Armed Forces.

Sec. 514. Office of Employer Support for the Guard and Reserve.

Subtitle C—General Service Authorities


Sec. 521. Enhancement of participation of mental health professionals in boards for correction of military records and boards for review of discharge or dismissal of members of the Armed Forces.

Sec. 522. Extension of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces.

Sec. 523. Sense of Senate on validated gender-neutral occupational standards for all military occupations.

Sec. 524. Comptroller General of the United States report on impact of certain mental and physical trauma on discharges from military service for misconduct.

Sec. 525. Sense of Senate on upgrade of characterization of discharge of certain Vietnam era members of the Armed Forces.

Subtitle D—Member Education and Training


Sec. 531. Enhancement of authority for members of the Armed Forces to obtain professional credentials.

Sec. 532. Authority for Joint Special Operations University to award degrees.

Sec. 533. Enhancement of information provided to members of the Armed Forces and veterans regarding use of Post-9/11 Educational Assistance and Federal financial aid through Transition Assistance Program.

Sec. 534. Duration of foreign and cultural exchange activities at military service academies.

Subtitle E—Military Justice and Legal Matters


Sec. 541. Ordering of depositions under the Uniform Code of Military Justice.

Sec. 542. Modification of Rule 513 of the Military Rules of Evidence, relating to the privilege against disclosure of communications between psychotherapists and patients.

Sec. 543. Enhancement of victims' rights to be heard through counsel in connection with prosecution of certain sex-related offenses.

Sec. 544. Eligibility of members of the reserve components of the Armed Forces for assistance of Special Victims' Counsel.

Sec. 545. Additional enhancements of military department actions on sexual assault prevention and response.

Sec. 546. Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial if requested by chief prosecutor.

Sec. 547. Modification of Department of Defense policy on retention of evidence in a sexual assault case to permit return of personal property upon completion of related proceedings.

Sec. 548. Inclusion of information on assaults in the Defense Sexual Assault Incident Database.

Sec. 549. Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system.

Sec. 550. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies.

Sec. 551. Analysis and assessment of disposition of most serious offenses identified in unrestricted reports on sexual assaults in annual reports on sexual assaults in the Armed Forces.

Sec. 552. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 553. Collaboration between the Department of Defense and the Department of Justice in efforts to prevent and respond to sexual assault.

Sec. 554. Modification of term of judges of the United States Court of Appeals for the Armed Forces.

Sec. 555. Report on review of Office of Diversity Management and Equal Opportunity role in sexual harassment cases.

Sec. 556. Repeal of obsolete requirement to develop comprehensive management plan to address deficiencies in data captured in the Defense Incident-Based Reporting System.

Subtitle F—Decorations and Award


Sec. 561. Medals for members of the Armed Forces and civilian employees of the Department of Defense who were killed or wounded in an attack by a foreign terrorist organization.

Subtitle G—Defense Dependents' Education and Military Family Readiness Matters


Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Impact aid for children with severe disabilities.

Sec. 573. Amendments to the Impact Aid Improvement Act of 2012.

Sec. 574. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School system.

Sec. 575. Inclusion of domestic dependent elementary and secondary schools among functions of Advisory Council on Dependents' Education.

Sec. 576. Department of Defense suicide prevention programs for military dependents.

Subtitle H—Other Matters


Sec. 581. Enhancement of authority to accept support for Air Force Academy athletic programs.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances


Sec. 601. Fiscal year 2015 increase in military basic pay.

Sec. 602. Inclusion of Chief of the National Guard Bureau and Senior Enlisted Advisor to the Chief of the National Guard Bureau among senior members of the Armed Forces for purposes of pay and allowances.

Sec. 603. Modification of computation of basic allowance for housing inside the United States.

Sec. 604. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Subtitle B—Bonuses and Special and Incentive Pays


Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits


Sec. 621. Inapplicability of reduced annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 who first become members prior to January 1, 2016.

Sec. 622. Modification of determination of retired pay base for officers retired in general and flag officer grades.

Sec. 623. Modification of per-fiscal year calculation of days of certain active duty or active service to reduce eligibility age for retirement for non-regular service.

Sec. 624. Earlier determination of dependent status with respect to transitional compensation for dependents of certain members separated for dependent abuse.

Sec. 625. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support.

Subtitle D—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations


Sec. 631. Procurement of brand-name and other commercial items for resale by commissary stores.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE Program


Sec. 701. Annual mental health assessments for members of the Armed Forces.

Sec. 702. Modifications of cost-sharing and other requirements for the TRICARE Pharmacy Benefits Program.

Sec. 703. Parity in provision of inpatient mental health services with other inpatient medical services.

Sec. 704. Availability of breastfeeding support, supplies, and counseling under the TRICARE program.

Sec. 705. Authority for provisional TRICARE coverage for emerging health care products and services.

Sec. 706. Report on status of reductions in TRICARE Prime service areas.

Sec. 707. Repeal of requirement for ongoing Comptroller General of the United States reviews of viability of TRICARE Standard and TRICARE Extra.

Subtitle B—Health Care Administration


Sec. 721. Department of Defense Medicare-Eligible Retiree Health Care Fund matters.

Sec. 722. Extension of authority for Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 723. Department of Defense-wide strategy for contracting for health care professionals for the Department of Defense.

Sec. 724. Program on medication management in the Department of Defense.

Subtitle C—Reports and Other Matters


Sec. 731. Report on military family planning programs of the Department of Defense.

Sec. 732. Interagency working group on the provision of mental health services to members of the National Guard and the Reserves.

Sec. 733. Report on improvements in the identification and treatment of mental health conditions and traumatic brain injury among members of the Armed Forces.

Sec. 734. Report on implementation of recommendations of Institute of Medicine on improvements to certain resilience and prevention programs of the Department of Defense.

Sec. 735. Report on Department of Defense support of members of the Armed Forces who experience traumatic injury as a result of vaccinations required by the Department.

Sec. 736. Comptroller General of the United States report on Military Health System Modernization Study of the Department of Defense.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition policy and management


Sec. 801. Open systems approach to acquisition of systems containing information technology.

Sec. 802. Recharacterization of changes to Major Automated Information System programs.

Sec. 803. Process map requirement for milestone approval of defense business system programs.

Sec. 804. Governance of Joint Information Environment.

Sec. 805. Report on implementation of acquisition process for information technology systems.

Sec. 806. Revision of requirement for acquisition programs to maintain defense research facility records.

Sec. 807. Rapid acquisition and deployment procedures for United States Special Operations Command.

Sec. 808. Consideration of corrosion control in preliminary design review.

Sec. 809. Repeal of extension of Comptroller General report on inventory.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations


Sec. 821. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law.

Sec. 822. Extension and modification of contract authority for advanced component development and prototype units and modification of authority.

Sec. 823. Conditional temporary extension of comprehensive subcontracting plans.

Sec. 824. Sourcing requirements related to avoiding counterfeit electronic parts.

Sec. 825. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records.

Sec. 826. Enhancement of whistleblower protection for employees of grantees.

Sec. 827. Prohibition on reimbursement of contractors for congressional investigations and inquiries.

Sec. 828. Enhanced authority to acquire certain products and services produced in Africa.

Sec. 829. Requirement to provide photovoltaic devices from United States sources.

Subtitle C—Provisions relating to major defense acquisition programs


Sec. 841. Program manager development strategy.

Sec. 842. Tenure and accountability of program managers for program development periods.

Sec. 843. Tenure and accountability of program managers for program execution periods.

Sec. 844. Removal of requirements related to waiver of preliminary design review and post-preliminary design review before Milestone B.

Sec. 845. Comptroller General of the United States report on operational testing programs for major defense acquisition programs.

Subtitle D—Other matters


Sec. 861. Extension to United States Transportation Command of authorities relating to prohibition on contracting with the enemy.

Sec. 862. Reimbursement of Department of Defense for assistance provided to nongovernmental entertainment-oriented media producers.

Sec. 863. Three-year extension of authority for Joint Urgent Operational Needs Fund.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A—Department of Defense Management


Sec. 901. Reorganization of the Office of the Secretary of Defense and related matters.

Sec. 902. Assistant Secretary of Defense for Manpower and Reserve Affairs.

Subtitle B—Other Matters


Sec. 911. Modifications to requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters


Sec. 1001. General transfer authority.

Sec. 1002. National Sea-Based Deterrence Fund.

Sec. 1003. Sense of Senate on sequestration.

Subtitle B—Counter-Drug Activities


Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.

Sec. 1012. Extension and modification of authority for joint task forces supporting law enforcement agencies conducting activities to counter transnational organized crime to support law enforcement agencies conducting counter-terrorism activities.

Sec. 1013. Extension of authority to provide additional support for counter-drug activities of certain foreign governments.

Sec. 1014. Extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies.

Subtitle C—Naval Vessels and Shipyards


Sec. 1021. Limitation on use of funds for inactivation of U.S.S. George Washington.

Sec. 1022. Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.

Sec. 1023. Operational readiness of Littoral Combat Ships on extended deployments.

Sec. 1024. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy.

Subtitle D—Counterterrorism


Sec. 1031. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1032. Report on facilitation of transfer overseas of certain individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1033. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment.

Sec. 1034. Prohibition on transfer or release to Yemen of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Subtitle E—Miscellaneous Authorities and Limitations


Sec. 1041. Reduction in Department of Defense civilian personnel and review of certain headquarters spending.

Sec. 1042. Protection of Department of Defense installations.

Sec. 1043. Authority to accept certain voluntary legal support services.

Sec. 1044. Inclusion of Chief of the National Guard Bureau among leadership of the Department of Defense provided physical protection and personal security.

Sec. 1045. Inclusion of regional organizations in authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense.

Sec. 1046. Extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies.

Subtitle F—Studies and Reports


Sec. 1061. Reports on recommendations of the National Commission on the Structure of the Air Force.

Sec. 1062. Review of operation of certain ships during the Vietnam era.

Sec. 1063. Assessment of the operations research tools, processes, and capabilities in support of requirements analysis for major defense acquisition programs and allocation of intelligence, surveillance, and reconnaissance assets.

Sec. 1064. Review of United States military strategy and the force posture of allies and partners in the United States Pacific Command area of responsibility.

Sec. 1065. Department of Defense policies on community involvement in Department community outreach events.

Sec. 1066. Comptroller General of the United States briefing and report on management of the conventional ammunition demilitarization stockpile of the Department of Defense.

Sec. 1067. Repeal and modification of reporting requirements.

Sec. 1068. Repeal of requirement for Comptroller General of the United States annual reviews and report on pilot program on commercial fee-for-service air refueling support for the Air Force.

Subtitle G—Uniformed Services Voting

PART I—PROVISION OF VOTER ASSISTANCE TO MEMBERS OF THE ARMED FORCES


Sec. 1071. Provision of annual voter assistance.

Sec. 1072. Designation of voter assistance offices.

PART II—ELECTRONIC VOTING SYSTEMS


Sec. 1076. Repeal of electronic voting demonstration project.

Subtitle H—Other Matters


Sec. 1081. Biennial surveys of Department of Defense civilian employees on workplace and gender relations matters.

Sec. 1082. Transfer of administration of Ocean Research Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration.

Sec. 1083. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel.

Sec. 1084. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities.

Sec. 1085. Pilot program to rehabilitate and modify homes of disabled and low-income veterans.

Sec. 1086. Technical and clerical amendments.

TITLE XI—CIVILIAN PERSONNEL MATTERS


Sec. 1101. Extension and modification of experimental program for scientific and technical personnel.

Sec. 1102. Modifications of biennial strategic workforce plan relating to senior management, functional, and technical workforces of the Department of Defense.

Sec. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1104. Personnel authorities for civilian personnel for the United States Cyber Command.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and Training


Sec. 1201. Modification of Department of Defense authority for humanitarian stockpiled conventional munitions assistance programs.

Sec. 1202. Codification of recurring limitations on the use of funds for assistance for units of foreign security forces that have committed a gross violation of human rights.

Sec. 1203. Codification and enhancement of authority to build the capacity of foreign security forces.

Sec. 1204. Training of security forces and associated ministries of foreign countries to promote respect for the rule of law and human rights.

Sec. 1205. Modification and extension of Global Security Contingency Fund authority.

Sec. 1206. Use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability.

Sec. 1207. Cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations.

Sec. 1208. Extension and modification of authority for support of special operations to combat terrorism.

Sec. 1209. Assistance to foster a negotiated settlement to the conflict in Syria.

Sec. 1210. Limitations on security assistance for the Government of Burma.

Sec. 1211. Biennial report on programs carried out by the Department of Defense to provide training, equipment, or other assistance or reimbursement to foreign security forces.

Sec. 1212. Sense of the Senate on multilateral humanitarian assistance and disaster relief exercises.

Subtitle B—Matters Relating to Afghanistan, Pakistan, and Iraq


Sec. 1221. Commanders' Emergency Response Program in Afghanistan.

Sec. 1222. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1223. One-year extension of authority to use funds for reintegration activities in Afghanistan.

Sec. 1224. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1225. One-year extension of logistical support for coalition forces supporting certain United States military operations.

Sec. 1226. Prohibition on use of funds for certain programs and projects of the Department of Defense in Afghanistan that cannot be safely accessed by United States Government personnel.

Sec. 1227. Semiannual report on enhancing the strategic partnership between the United States and Afghanistan.

Sec. 1228. Report on bilateral security cooperation with Pakistan.

Sec. 1229. Surface clearance of unexploded ordnance on former United States training ranges in Afghanistan.

Sec. 1230. Afghan Special Immigrant Visa Program.

Sec. 1231. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Subtitle C—Reports


Sec. 1241. Report on impact of end of major combat operations in Afghanistan on authority to use military force.

Sec. 1242. United States strategy for enhancing security and stability in Europe.

Sec. 1243. Report on military and security developments involving the Russian Federation.

Sec. 1244. Modification of matters for discussion in annual reports of United States-China Economic and Security Review Commission.

Sec. 1245. Report on maritime security strategy and annual briefing on military to military engagement with the People’s Republic of China.

Sec. 1246. Report on military assistance to Ukraine.

Subtitle D—Other Matters


Sec. 1261. Treatment of Kurdistan Democratic Party and Patriotic Union of Kurdistan under the Immigration and Nationality Act.

Sec. 1262. Notification on potentially significant arms control noncompliance.

Sec. 1263. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense.

Sec. 1264. One-year extension of authorization for non-conventional assisted recovery capabilities.

Sec. 1265. Inter-European Air Forces Academy.

Sec. 1266. Extension of limitations on providing certain missile defense information to the Russian Federation.

Sec. 1267. Prohibition on direct or indirect use of funds to enter into contracts or agreements with Rosoboronexport.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Subtitle A—Funding allocations


Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

Subtitle B—Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program


Sec. 1311. Short title.

PART I—PROGRAM AUTHORITIES


Sec. 1321. Authority to carry out the Department of Defense Cooperative Threat Reduction Program.

Sec. 1322. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities.

Sec. 1323. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities.

Sec. 1324. Use of funds for other purposes or for increased amounts.

Sec. 1325. Use of contributions to the Department of Defense Cooperative Threat Reduction Program.

PART II—RESTRICTIONS AND LIMITATIONS


Sec. 1331. Prohibition on use of funds for specified purposes.

Sec. 1332. Requirement for on-site managers.

Sec. 1333. Limitation on use of funds until certain permits obtained.

PART III—RECURRING CERTIFICATIONS AND REPORTS


Sec. 1341. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities.

Sec. 1342. Requirement to submit summary of amounts requested by project category.

Sec. 1343. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program.

Sec. 1344. Metrics for the Department of Defense Cooperative Threat Reduction Program.

PART IV—REPEALS AND TRANSITION PROVISIONS


Sec. 1351. Repeals.

Sec. 1352. Transition provisions.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs


Sec. 1401. Working capital funds.

Sec. 1402. Chemical Agents and Munitions Destruction, Defense.

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle B—National Defense Stockpile and Related Matters


Sec. 1411. Report on development of secure supply of rare earth materials.

Subtitle C—Other Matters


Sec. 1421. Authority for transfer of funds to joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Federal Health Care Center, Illinois.

Sec. 1422. Comptroller General of the United States report on Captain James A. Lovell Federal Health Care Center, North Chicago, Illinois.

Sec. 1423. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1424. Designation and responsibilities of Senior Medical Advisor for the Armed Forces Retirement Home.

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Subtitle A—Authorization of Additional Appropriations


Sec. 1501. Purpose.

Sec. 1502. Overseas contingency operations.

Subtitle B—Financial Matters


Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Subtitle C—Limitations, Reports, and Other Matters


Sec. 1521. Plan for transition of funding of United States Special Operations Command from supplemental funding for overseas contingency operations to recurring funding for future-years defense programs.

Sec. 1522. Joint Improvised Explosive Device Defeat Fund.

Sec. 1523. Afghanistan Security Forces Fund.

Sec. 1524. Afghanistan Infrastructure Fund.

Sec. 1525. Sense of Congress regarding counter-improvised explosive devices.

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Nuclear Forces


Sec. 1601. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1602. Form of and cost estimates relating to annual reports on plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.

Sec. 1603. Reports on installation of nuclear command, control, and communications systems at the United States Strategic Command headquarters.

Sec. 1604. Reports on potential reductions to B61 life extension program.

Sec. 1605. Sense of Congress on deterrence and defense posture of the North Atlantic Treaty Organization.

Subtitle B—Missile defense programs


Sec. 1611. Homeland ballistic missile defense.

Sec. 1612. Regional ballistic missile defense.

Sec. 1613. Availability of funds for missile defense programs of Israel.

Sec. 1614. Acquisition plan for re-designed Exo-atmospheric Kill Vehicle.

Sec. 1615. Testing and assessment of missile defense systems prior to production and deployment.

Subtitle C—Space Activities


Sec. 1621. Update of National Security Space Strategy to include space control and space superiority strategy.

Sec. 1622. Allocation of funds for the Space Security and Defense Program; report on space control.

Sec. 1623. Prohibition on contracting with Russian suppliers of critical space launch supplies for the Evolved Expendable Launch Vehicle program.

Sec. 1624. Assessment of Evolved Expendable Launch Vehicle program.

Sec. 1625. Report on reliance of Evolved Expendable Launch Vehicle program on foreign manufacturers.

Sec. 1626. Availability of additional rocket cores pursuant to competitive procedures.

Sec. 1627. Competitive procedures required to launch payload for mission number five of the Operationally Responsive Space Program.

Sec. 1628. Limitation on funding for storage of Defense Meteorological Satellite Program satellites.

Sec. 1629. Plan for development of liquid rocket engine for medium or heavy lift launch vehicle; transfer of certain funds.

Sec. 1630. Study of space situational awareness architecture.

Sec. 1631. Sense of the Senate on resolution limits on commercial space imagery.

Subtitle D—Cyber warfare, cyber security, and related matters


Sec. 1641. Cyberspace mapping.

Sec. 1642. Review of cross domain solution policy and requirement for cross domain solution strategy.

Sec. 1643. Budgeting and accounting for cyber mission forces.

Sec. 1644. Requirement for strategy to develop and deploy decryption service for the Joint Information Environment.

Sec. 1645. Reporting on penetrations into networks and information systems of operationally critical contractors.

Sec. 1646. Sense of Congress on the future of the Internet and the .MIL top-level domain.

Subtitle E—Intelligence-Related matters


Sec. 1651. Extension of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.

Sec. 1652. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad.

Sec. 1653. Extension of authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad.

Sec. 1654. Personnel security and insider threat.

Sec. 1655. Migration of Distributed Common Ground System of Department of the Army to an open system architecture.

TITLE XVII—NATIONAL COMMISSION ON THE FUTURE OF THE ARMY


Sec. 1701. Short title.

Sec. 1702. Prohibition on use of fiscal year 2015 funds to reduce strengths of Army personnel.

Sec. 1703. Limitation on use of fiscal year 2015 funds for transfer or divestment of certain aircraft assigned to the Army National Guard.

Sec. 1704. National Commission on the Future of the Army.

Sec. 1705. Duties of the Commission.

Sec. 1706. Powers of the Commission.

Sec. 1707. Commission personnel matters.

Sec. 1708. Termination of the Commission.

Sec. 1709. Funding.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS


Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

TITLE XXI—ARMY MILITARY CONSTRUCTION


Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project.

Sec. 2105. Modification of authority to carry out certain fiscal year 2013 projects.

Sec. 2106. Extension of authorizations of certain fiscal year 2011 project.

Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects.

Sec. 2108. Limitation on construction of cadet barracks at United States Military Academy, New York.

Sec. 2109. Limitation on funding for family housing construction at Camp Walker, Republic of Korea.

TITLE XXII—NAVY MILITARY CONSTRUCTION


Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2012 projects.

Sec. 2206. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects.

Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION


Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Authorization of appropriations, Air Force.

Sec. 2303. Modification of authority to carry out certain fiscal year 2008 project.

Sec. 2304. Extension of authorization of certain fiscal year 2011 project.

Sec. 2305. Extension of authorizations of certain fiscal year 2012 projects.

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A—Defense agency authorizations


Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Extension of authorizations of certain fiscal year 2011 project.

Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects.

Subtitle B—Chemical demilitarization authorizations


Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide.

Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM


Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Subtitle A—Project authorizations and authorization of appropriations


Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other matters


Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects.

Sec. 2612. Modification of authority to carry out certain fiscal year 2013 project.

Sec. 2613. Extension of authorization of certain fiscal year 2011 project.

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES


Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.

Sec. 2703. HUBZones.

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing Changes


Sec. 2801. Clarification of authorized use of in-kind payments and in-kind contributions.

Sec. 2802. Residential building construction standards.

Sec. 2803. Modification of minor military construction authority for projects to correct deficiencies that are life-, health-, or safety-threatening.

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Sec. 2805. Limitation on construction projects in European Command area of responsibility.

Sec. 2806. Limitation on construction of new facilities at Guantanamo Bay, Cuba.

Subtitle B—Real Property and Facilities Administration


Sec. 2811. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions.

Sec. 2812. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations.

Subtitle C—Provisions Related to Asia-Pacific Military Realignment


Sec. 2821. Realignment of Marines Corps forces in Asia-Pacific region.

Subtitle D—Land Conveyances


Sec. 2831. Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii.

Sec. 2832. Land exchange, Arlington County, Virginia.

Sec. 2833. Transfers of administrative jurisdiction, Camp Frank D. Merrill and Lake Lanier, Georgia.

Sec. 2834. Transfer of administrative jurisdiction, Camp Gruber, Oklahoma.

Subtitle E—Other Matters


Sec. 2841. Establishment of memorial to the victims of the shooting at the Washington Navy Yard on September 16, 2013.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National security programs authorizations


Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Subtitle B—Program authorizations, restrictions, and limitations


Sec. 3111. Life-cycle cost estimates of certain atomic energy defense capital assets.

Sec. 3112. Expansion of requirement for independent cost estimates on life extension programs and new nuclear facilities.

Sec. 3113. Implementation of Phase I of Uranium Capabilities Replacement Project.

Sec. 3114. Establishment of the Advisory Board on Toxic Substances and Worker Health.

Sec. 3115. Comments of Administrator for Nuclear Security on reports of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.

Sec. 3116. Identification of amounts required for uranium technology sustainment in budget materials for fiscal year 2016.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD


Sec. 3201. Authorization.

TITLE XXXV—MARITIME ADMINISTRATION


Sec. 3501. Maritime Administration.

DIVISION D—FUNDING TABLES


Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—PROCUREMENT


Sec. 4101. Procurement.

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION


Sec. 4201. Research, development, test, and evaluation.

TITLE XLIII—OPERATION AND MAINTENANCE


Sec. 4301. Operation and maintenance.

TITLE XLIV—MILITARY PERSONNEL


Sec. 4401. Military personnel.

TITLE XLV—OTHER AUTHORIZATIONS


Sec. 4501. Other authorizations.

TITLE XLVI—MILITARY CONSTRUCTION


Sec. 4601. Military construction.

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS


Sec. 4701. Department of Energy national security programs.

SEC. 3. Congressional defense committees.

For purposes of this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

SEC. 4. Budgetary effects of this Act.

The budgetary effects of this Act, for the purposes 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, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

DIVISION ADepartment of Defense Authorizations

TITLE IProcurement

subtitle AAuthorization of Appropriations

SEC. 101. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

subtitle CNavy Programs

SEC. 121. Airborne electronic attack capabilities.

(a) In general.—The Secretary of the Navy shall take whatever steps the Secretary deems appropriate and are available to the Navy to ensure that the Navy retains the option of buying more EA–18G aircraft if further analysis of airborne electronic attack (AEA) force structure indicates the Navy should buy more EA–18G aircraft.

(b) Funding.—To the extent provided in appropriations Acts, the Secretary of the Navy may transfer from fiscal year 2014 Aircraft Procurement, Navy funds, $75,000,000 to support Navy efforts to ensure that the Navy is not prevented from deciding to buy more EA–18G aircraft by the closure of the EA–18G production line if Navy analysis indicates that buying more EA–18G aircraft is required to meet airborne electronic warfare requirements.

(c) Covered funds.—For purposes of this section, the term “fiscal year 2014 Aircraft Procurement, Navy funds” means amounts authorized to be appropriated for fiscal year 2014 by section 101 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 690) and available for Aircraft Procurement, Navy as specified in the funding table in section 4101 of that Act (127 Stat. 1093).

(d) Effect on authorization amounts.—A transfer made from one account to another under the authority 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 transferred.

(e) Construction of authority.—The transfer authority in this section is in addition to any other transfer authority provided in this Act.

(f) Briefing.—Not later than September 1, 2014, the Secretary of the Navy shall provide briefings to the congressional defense committees on—

(1) the options available to the Navy for ensuring that the Navy will not be precluded from buying more EA–18G aircraft if that is what the Navy analysis concludes should be done; and

(2) an update on the Navy’s progress in conducting its analysis of emerging requirements for airborne electronic attack.

SEC. 122. Report on test evaluation master plan for Littoral Combat Ship seaframes and mission modules.

(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the test evaluation master plan for the seaframes and mission modules for the Littoral Combat Ship program.

(b) Elements.—The report required under subsection (a) shall include the following elements:

(1) A description of the Navy's progress with respect to the test evaluation master plan.

(2) An assessment of whether or not completion of the test evaluation master plan will demonstrate operational effectiveness and operational suitability for both seaframes and each mission module.

SEC. 123. Authority to transfer certain funds for refueling of aircraft carrier and construction of amphibious ship.

(a) In general.—To the extent provided in appropriations Acts, upon a determination described in subsection (b), the Secretary of the Navy is authorized to transfer funds available in Shipbuilding and Conversion, Navy or any other Navy procurement account for either or both of the following purposes:

(1) Up to $650,000,000 to conduct a refueling and complex overhaul of the U.S.S. George Washington (CVN–73).

(2) Up to $650,000,000 for the ship construction of a San Antonio class amphibious ship.

(b) Determination.—A determination described in this subsection is a determination by the Secretary of the Navy that—

(1) unobligated balances are available in the program or programs from which funds will be transferred pursuant to subsection (a) due to slower than expected program execution; and

(2) the transfer of funds will fill a high priority military need and is in the best interest of the Department of the Navy.

(c) Contingent authorization.—The Secretary of the Navy is authorized to enter into a contract for the procurement of one San Antonio class amphibious ship beginning in fiscal year 2015, and to use incremental funding for the procurement of that ship, if additional funds are made available for such purpose in fiscal year 2015 and the Secretary determines that such procurement will fill a high priority military need and is in the best interests of the Department of the Navy.

(d) Effect on authorization amounts.—A transfer made from one account to another under the authority 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 transferred.

(e) Construction of authority.—The transfer authority under this section is in addition to any other transfer authority provided in this Act.

subtitle DAir Force Programs

SEC. 131. Prohibition on retirement of MQ–1 Predator aircraft.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Air Force may be used to retire any MQ–1 Predator aircraft.

SEC. 132. Limitation on availability of funds for retirement of Air Force aircraft.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage any aircraft of the Air Force, except for such aircraft the Secretary of the Air Force planned to retire as of April 9, 2013, until 60 days after submittal of the report as described in subsection (b) of the report required by that subsection.

(b) Report.—

(1) IN GENERAL.—The Secretary shall submit to the congressional defense committees a report on the appropriate contributions of the regular Air Force, the Air National Guard, and the Air Force Reserve to the total force structure of the Air Force.

(2) ELEMENTS.—The report shall include the following:

(A) A separate presentation of mix of forces for each mission and aircraft platform of the Air Force.

(B) An analysis and recommendations for not less than 80 percent of the missions and aircraft platforms described in subparagraph (A).

SEC. 133. Temporary limitation on availability of funds for transfer of Air Force C–130H and C–130J aircraft.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Air Force may be obligated or expended to transfer from one Department of Defense facility to another any C–130H or C–130J aircraft until 60 days after the Secretary of the Air Force submits to the congressional defense committees an assessment of the costs and benefits of the proposed transfer.

(b) Report.—The assessment referred to in subsection (a) shall include, at a minimum, the following elements:

(1) A recommended basing alignment of C–130H2, C–130H3, and C–130J aircraft.

(2) An identification of how that plan deviates from the basing plan approved by the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239).

(3) An explanation of why that plan deviates, if in any detail, from the plan approved by that Act.

(4) An assessment of the national security benefits and any other expected benefits of the proposed transfers, including benefits for the facility or facilities expected to receive the transferred aircraft.

(5) An assessment of the costs of the proposed transfers, including the impact of the proposed transfers on the facility or facilities from which the aircraft will be transferred.

(6) An analysis of the recommended basing alignment that demonstrates that the recommendation is the most effective and efficient alternative for such basing alignment.

(7) For units equipped with special capabilities, such the modular airborne firefighting system capability, an analysis of the impact of the proposed transfers on the ability to satisfy missions that utilize those capabilities.

(c) Comptroller General report.—Not later than 45 days after the Secretary of the Air Force submits the report required under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a sufficiency review of that report, including any findings and recommendations relating to such review.

SEC. 134. Limitation on availability of funds for retirement of A–10 aircraft.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Air Force may be obligated or expended to make significant changes to manning levels with respect to any A–10 aircraft squadrons, or to retire, prepare to retire, or place in storage any A–10 aircraft, except for such aircraft the Secretary of the Air Force, as of April 9, 2013, planned to retire.

(b) Rule of construction.—Nothing in this section shall be construed to limit or otherwise affect the requirement to maintain the operational capability of the A–10 aircraft.

SEC. 135. Limitation on transfer of KC–135 tankers.

The Secretary of the Air Force may not transfer KC–135 aircraft from Joint Base Pearl Harbor-Hickam until the Secretary submits a report to the congressional defense committees on the cost and benefits of such transfer compared to the costs and benefits of keeping the aircraft where they are.

SEC. 136. Limitation on availability of funds for retirement of Airborne Warning and Control System (AWACS) aircraft.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to make significant changes to manning levels with respect to any Airborne Warning and Control Systems (AWACS) aircraft, or to retire, prepare to retire, or place in storage any AWACS aircraft.

(b) Rule of construction.—Nothing in this section shall be construed to limit or otherwise affect the requirement to maintain the operational capability of the E–3 AWACS.

SEC. 137. Report on status of air-launched cruise missile capabilities.

(a) Findings.—Congress makes the following findings:

(1) The capability provided by the nuclear-capable, air launched cruise missile (ALCM) is critical to maintaining a credible and effective air-delivery leg of the triad, preserving the ability to respond to geopolitical and technical surprise, and reassuring United States allies through credible extended deterrence.

(2) In its fiscal year 2015 budget request, the Air Force delayed development of the Long Range Standoff Weapon (LRSO), the follow-on for the ALCM, by three years.

(3) The Air Force plans to sustain the current ALCM, known as the AGM–86, until approximately 2030, with multiple service life extension programs required to preserve but not enhance existing ALCM capabilities.

(4) The AGM–86 was initially developed in the 1970s and deployed in the 1980s.

(5) The average age of the ALCM inventory is over 30 years old.

(6) The operating environment, particularly the sophistication of integrated air defenses, has evolved substantially since the ALCM’s inception.

(7) The AGM–86 is no longer in production and the inventory of spare bodies for required annual testing continues to diminish, posing serious challenges for long-term sustainment.

(b) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall submit to the congressional defense committees a report on the status of the current air-launched cruise missile and the development of the follow-on system, the long-range standoff weapon.

(2) ELEMENTS.—The report required under paragraph (1) shall include the following elements:

(A) An assessment of the current system’s effectiveness and survivability through 2030, including the impact of any degradation on the ability of the United States Strategic Command to meet deterrence requirements, such as the number of targets held at risk by the air-launched cruise missile or the burdens placed on other legs of the triad.

(B) A description of age-related failure trends, and assessment of potential age-related fleet-wide reliability and supportability problems, as well as the estimated costs for sustaining the existing system.

(C) A detailed plan, including initial cost estimates, for the development and deployment of the follow-on system that will achieve initial operational capability before 2030.

(D) An assessment of the feasibility and advisability of alternative development strategies, including initial cost estimates, that would achieve full operational capability before 2030.

(E) An assessment of current testing requirements and the availability of test bodies to sustain the current system over the long term.

(F) A description of the extent to which the airframe and other related components can be completed independent of the payload, as determined by the Nuclear Weapons Council.

(G) A statement of the risks assumed by not fielding an operational replacement for the existing air-launched cruise missile by 2030.

(3) FORM.—The report required under paragraph (1) shall be submitted in classified form, but may include an unclassified summary.

SEC. 138. Report on C–130 aircraft.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report including a complete analysis and fielding plan for C–130 aircraft.

(b) Content.—The fielding plan submitted under subsection (a) shall also include specific details of the Air Force’s plan to maintain intra-theater airlift capacity and capability within both the active and reserve components, including its modernization and recapitalization plan for C–130H and C–130J aircraft.

SEC. 139. Report on status of F–16 aircraft.

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the status and location, and any plans to change during the period of the future years defense program the status or locations, of all F–16 aircraft in the United Air Force inventory.

SEC. 140. Report on options to modernize or replace the T–1A aircraft.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on options for the modernization or replacement of the T–1A aircraft capability.

(b) Elements.—The report required under subsection (a) shall include the following elements:

(1) A description of options for—

(A) new procurement;

(B) conducting a service life extension program on existing aircraft;

(C) replacing organic aircraft with leased aircraft or services for the longer term; and

(D) replacing organic aircraft with leased aircraft or services while the Air Force executes a new procurement or service life extension program.

(2) An evaluation of the ability of each alternative to meet future training requirements.

(3) Estimates of life cycle costs.

(4) A description of potential cost savings from merging a T–1A capability replacement program with other Air Force programs, such as the Companion Trainer Program.

TITLE IIResearch, development, test, and evaluation

subtitle AAuthorization of appropriations

SEC. 201. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.

subtitle BProgram requirements, restrictions, and limitations

SEC. 211. Modification of authority for prizes for advanced technology achievements.

(a) Modification of limit on amount of awards.—Subsection (c)(1) of section 2374a of title 10, United States Code, is amended by striking “The total amount” and all that follows through the period at the end and inserting the following: “No prize competition may result in the award of a cash prize of more than $10,000,000.”.

(b) Acceptance of funds.—Such section is amended—

(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(2) by inserting after subsection (d) the following new subsection (f):

“(f) Acceptance of funds.—In addition to such sums as may be appropriated or otherwise made available to the Secretary to award prizes under this section, the Secretary may accept funds from other Federal departments and agencies, and from State and local governments, to award prizes under this section.”.

(c) Frequency of reporting.—Subsection (e) of such section is amended—

(1) in paragraph (1)—

(A) by striking “each year” and inserting “every other year”; and

(B) by striking “fiscal year” and inserting “two fiscal years”;

(2) in paragraph (2), in the matter before subparagraph (A), by striking “a fiscal year” and inserting “a period of two fiscal years”; and

(3) in the subsection heading by striking “annual” and inserting“ biennial”.

SEC. 212. Modification of Manufacturing Technology Program.

(a) Modification of Joint Defense Manufacturing Technology Panel reporting requirement.—Subsection (e)(5) of section 2521 of title 10, United States Code, is amended by striking “Assistant Secretary of Defense for Research and Engineering” and inserting “one or more individuals designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics for purposes of this paragraph”.

(b) Decreased frequency of update of five-year strategic plan.—Subsection (f)(3) of such section is amended by striking “on a biennial basis” and inserting “not less frequently than once every four years”.

SEC. 213. Limitation on retirement of Joint Surveillance and Target Attack Radar Systems aircraft.

(a) Limitation.—The Secretary of the Air Force may not make any significant changes to manning levels with respect to any operational Joint Surveillance and Target Attack Radar Systems (JSTARS) aircraft or take any action to retire or to prepare to retire such aircraft until the date that is 60 days after the date on which the Secretary submits to the congressional defense committees the report required by subsection (b).

(b) Report.—The Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following:

(1) An update on the results of the analysis of alternatives for recapitalizing the current Joint Surveillance and Target Attack Radar Systems capability.

(2) An analysis of life cycle supports costs of maintaining the current fleet of Joint Surveillance and Target Attack Radar Systems aircraft and the costs of replacing such fleet with a new aircraft and radar system employing mature technology.

(3) An assessment of the cost and schedule of developing and fielding a new aircraft and radar system employing mature technology to replace the current Joint Surveillance and Target Attack Radar Systems aircraft.

SEC. 214. Limitation on significant modifications of Army test and evaluation capabilities.

(a) In general.—The Secretary of the Army may not undertake actions which will result in a significant modification of the test and evaluation capabilities of the Army Test and Evaluation Command within the Major Range and Test Facility Base (MRTFB) until 30 days after the date on which the Secretary submits to the congressional defense committees a report setting forth the following:

(1) A business case analysis of the proposed consolidation.

(2) An estimate of the savings to be achieved or costs to be incurred through the proposed consolidation.

(3) The written assessment of the Director of the Test Resource Management Center (TRMC) of the Department of Defense of the proposed consolidation.

(b) Sunset.—The requirements in this section shall end on September 30, 2015.

subtitle CReports

SEC. 221. Study and reports on the technological superiority of the United States military.

(a) Study required.—

(1) IN GENERAL.—The Secretary of Defense shall, using the Defense Science Board or such other independent entity as the Secretary selects for purposes of this subsection, provide for a study of the technological superiority of the United States military and efforts to address challenges to the maintenance of such technological superiority.

(2) SCOPE OF STUDY.—The study required pursuant to paragraph (1) shall include the following:

(A) An assessment of current and anticipated foreign technological capabilities that will be deployed and will represent a significant challenge to deployed forces and systems of the United States military within 10 years of the date of the enactment of this Act.

(B) An assessment of current threats facing deployed forces and systems of the United States military that cannot be adequately addressed by systems currently being acquired or by current requirements in current acquisition programs.

(C) An assessment of the adequacy of current developmental programs and resources to address the threats described in subparagraph (B).

(D) An identification of authorities, policies, and procedures that could be adopted or adapted to enhance the effectiveness and efficiency of the Department of Defense in addressing challenges to the technological superiority of the United States military that are identified in the study.

(E) Such other matters relating to the technological superiority of the United States military, and current and anticipated challenges to the maintenance of such technology superiority, as the Secretary shall specify for purposes of the study.

(3) ACCESS TO INFORMATION.—The Secretary shall ensure that entity conducting the study required by paragraph (1) has appropriate access to all data, information, personnel, and records (whether classified or unclassified) necessary to conduct the study.

(4) REPORT ON STUDY.—The entity conducting the study required by paragraph (1) shall submit to the Secretary, and to Congress, a report on the study by not later than February 1, 2016.

(b) Secretary of Defense report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following:

(1) A list and description of current funded programs of the Department of Defense intended to achieve the deployment of capabilities to address challenges to the technological superiority of deployed forces and systems of the United States during the 10-year period beginning on the date of the enactment of this Act, including the funding currently programmed for such programs.

(2) A description of the processes being used by the Department to identify challenges to the technological superiority of forces and systems described in paragraph (1), including challenges not being addressed by current requirements in current acquisition programs.

(3) A description of any authorities, policies, or procedures currently under development to improve the effectiveness and efficiency of the Department in addressing challenges to the technological superiority of the United States military.

(c) Form of reports.—The reports submitted to Congress under subsections (a)(4) and (b) shall be submitted in unclassified form, but may include a classified annex.

SEC. 222. Reduction in frequency of reporting by Deputy Assistant Secretary of Defense for Systems Engineering.

(a) In general.—Section 139b(d) of title 10, United States Code, is amended—

(1) by redesignating paragraph (2) as paragraph (4);

(2) in paragraph (1), in the second sentence of the matter before subparagraph (A), by striking “Each report” and inserting the following:

“(3) CONTENTS.—Each report submitted under paragraph (1) or (2)”; and

(3) by striking paragraph (1) and inserting the following new paragraphs (1) and (2):

“(1) ANNUAL REPORT BY DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION.—Not later than March 31 of each year, the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsections (a) during the preceding year.

“(2) BIENNIAL REPORT BY DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR SYSTEMS ENGINEERING.—Not later than March 31 of every other year, the Deputy Assistant Secretary of Defense for Systems Engineering shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsection (b) during the preceding two-year period.”.

(b) Clerical amendment.—The heading for such section is amended by striking “annual report” and inserting “annual and biennial reports”.

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act and the first report submitted under paragraph (2) of section 139b(d) of such title, as added by subsection (a)(3), shall be submitted not later than March 31, 2015.

subtitle DOther matters

SEC. 231. Pilot program on assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise.

(a) Pilot program authorized.—In accordance with the provisions of this section, the Director of the Defense Advanced Research Projects Agency may carry out a pilot program to assess the feasibility and advisability of temporarily assigning covered individuals with significant technical expertise in research and development areas of critical importance to defense missions to the Agency to lead research or development projects of the Agency.

(b) Covered individuals.—For purposes of the pilot program, a covered individual is any individual who is employed by a covered entity.

(c) Covered entities.—For purposes of the pilot program, a covered entity is any non-Federal, nongovernmental entity that—

(1) is not a defense contractor; or

(2) is a nontraditional defense contractor.

(d) Assignment of covered individuals.—

(1) NUMBER OF INDIVIDUALS ASSIGNED.—Under the pilot program, the Director may assign covered individuals to the Agency as described in subsection (a), but may not have more than five covered individuals so assigned at any given time.

(2) PERIOD OF ASSIGNMENT.— (A) Except as provided in subparagraph (B), the Director may, under the pilot program, assign a covered individual described in subsection (a) to lead research and development projects of the Agency for a period of not more than two years.

(B) The Director may extend the assignment of a covered individual for an additional two years as the Director considers appropriate.

(3) APPLICATION OF CERTAIN PROVISIONS OF TITLE 5.—Except as otherwise provided in this section, the Director shall carry out the pilot program in accordance with the provisions of subchapter VI of chapter 33 of title 5, United States Code, except that, for purposes of the pilot program, the term “other organization”, as used in such subchapter, shall be deemed to include a covered entity.

(4) PAY AND SUPERVISION.—A covered individual employed by a covered entity who is assigned to the Agency under the pilot program—

(A) may continue to receive pay and benefits from such covered entity with or without reimbursement by the Agency;

(B) is not entitled to pay from the Agency; and

(C) shall be subject to supervision by the Director in all duties performed for the Agency under the pilot program.

(e) Conflicts of interest.—

(1) PRACTICES AND PROCEDURES REQUIRED.—The Director shall develop practices and procedures to manage conflicts of interest and the appearance of conflicts of interest that could arise through assignments under the pilot program.

(2) ELEMENTS.—The practices and procedures required by paragraph (1) shall include, at a minimum, the requirement that each covered individual assigned to the Agency under the pilot program shall sign an agreement that provides for the following:

(A) The non-disclosure of any trade secrets or other nonpublic or proprietary information which is of commercial value to the covered entity from which such covered individual is assigned.

(B) The assignment of rights to intellectual property developed in the course of any research or development project under the pilot program—

(i) to the Agency and its contracting partners in accordance with applicable provisions of law regarding intellectual property rights; and

(ii) not to the covered individual or the covered entity from which such covered individual is assigned.

(C) Such additional measures as the Director considers necessary to prevent the covered individual or the employer of the covered individual from gaining unfair advantage over competitors as result of the assignment.

(f) Prohibition on charges by covered entities.—A covered entity may not charge the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the covered entity to a covered individual assigned to the Agency under the pilot program.

(g) Annual report.—Not later than the first October 31 after the first fiscal year in which the Director carries out the pilot program and each October 31 thereafter that immediately follows a fiscal year in which the Director carries out the pilot program, the Director shall submit to the congressional defense committees a report on the activities carried out under the pilot program during the most recently completed fiscal year.

(h) Termination of authority.—The authority provided in this section shall expire on September 30, 2020, except that any covered individual assigned to the Agency under the pilot program shall continue in such assignment until the terms of such assignment have been satisfied.

(i) Nontraditional defense contractor defined.—In this section, the term “nontraditional defense contractor” has the meaning given the term in section 2302 of title 10, United States Code.

SEC. 232. Pilot program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics.

(a) Pilot program.—The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of—

(1) enhancing the preparation of covered students for careers in science, technology, engineering, and mathematics; and

(2) providing assistance to the teachers of such students to enhance preparation described in paragraph (1).

(b) Covered students.—For purposes of the pilot program, covered students are dependents of members of the Armed Forces who are enrolled in an elementary or secondary school at which the Secretary determines a significant number of such dependents are enrolled.

(c) Coordination.—In carrying out the pilot program, the Secretary shall coordinate with the following:

(1) The Secretaries of the military departments.

(2) The Secretary of Education.

(3) The National Science Foundation.

(4) The heads of such other Federal, State, and local government and private sector organizations as the Secretary of Defense considers appropriate.

(d) Activities.—Activities under the pilot program may include the following:

(1) Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for covered students and their teachers.

(2) Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for covered students and their teachers.

(3) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for covered students and their teachers.

(e) Metrics.—The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the pilot program with respect to the needs of the Department of Defense.

(f) Authorities.—In carrying out the pilot program, the Secretary shall, to the maximum extent practicable, make use of the authorities under chapter 111 and sections 2601, 2605, and 2374a of title 10, United States Code, section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note), and such other authorities as the Secretary considers appropriate.

(g) Report.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on activities carried out under the pilot program.

(h) Termination.—The pilot program required by subsection (a) shall terminate on September 30, 2020.

SEC. 233. Modification to requirement for contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems.

Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended, in the matter following paragraph (2)—

(1) by striking “at least one-half” and inserting “half”; and

(2) by inserting “, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause” after “such activities”.

TITLE IIIOperation and maintenance

subtitle AAuthorization of appropriations

SEC. 301. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

subtitle BEnergy and the environment

SEC. 311. Method of funding for cooperative agreements under the Sikes Act.

(a) Method of payments under cooperative agreements.—Subsection (b) of section 103a of the Sikes Act (16 U.S.C. 670c–1) is amended—

(1) by inserting “(1)” before “Funds”; and

(2) by adding at the end the following new paragraphs:

“(2) In the case of a cooperative agreement under subsection (a)(2), such funds—

“(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and

“(B) may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.

“(3) If any funds are placed by a recipient in an interest-bearing or other investment account under paragraph (2)(B), the Secretary of Defense shall report biennially to the congressional defense committees on the disposition of such funds.”.

(b) Availability of funds; agreement under other laws.—Subsection (c) of such section is amended to read as follows:

“(c) Availability of funds; agreement under other laws.— (1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

“(2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.”.

SEC. 312. Environmental restoration at former Naval Air Station Chincoteague, Virginia.

(a) Environmental restoration project.—Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 of title 10, United States Code, at the property constituting that facility in order to provide necessary response actions for contamination from a release of a hazardous substance or a pollutant or contaminant that is attributable to the activities of the Department of Defense at the time the property was under the administrative jurisdiction of the Secretary of the Navy or used by the Navy pursuant to a permit or license issued by the National Aeronautics and Space Administration in the area formerly known as the Naval Air Station Chincoteague, Virginia (including Naval Aviation Ordnance Test Station, Virginia). Any such project may be undertaken jointly or in conjunction with an environmental restoration project of the Administrator.

(b) Interagency agreement.—The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 of title 10, United States Code, any such agreement may provide for environmental restoration projects conducted jointly or by one agency on behalf of the other or both agencies and for reimbursement of the agency conducting the project by the other agency for that portion of the project for which the reimbursing agency has authority to respond.

(c) Source of Department of Defense funds.—Pursuant to section 2703(c) of title 10, United States Code, the Secretary may use funds available in the Environmental Restoration, Formerly Used Defense Sites, account of the Department of Defense for environmental restoration projects conducted for or by the Secretary under subsection (a) and for reimbursable agreements entered into under subsection (b).

(d) No effect on compliance with environmental laws.—Nothing in this section affects or limits the application of or obligation to comply with any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et. seq) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 313. Limitation on availability of funds for procurement of drop-in fuels.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to make a bulk purchase of a drop-in fuel for operational purposes unless the cost of that drop-in fuel is cost-competitive with the cost of a traditional fuel available for the same purpose.

(b) Waiver.—

(1) IN GENERAL.—Subject to the requirements of paragraph (2), the Secretary of Defense may waive the limitation under subsection (a) with respect to a purchase.

(2) NOTICE REQUIRED.—Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees notice of the waiver. Any such notice shall include each of the following:

(A) The rationale of the Secretary for issuing the waiver.

(B) A certification that the waiver is in the national security interest of the United States.

(C) The expected cost of the purchase for which the waiver is issued.

(c) Definitions.—In this section:

(1) DROP-IN FUEL.—The term “drop-in fuel” means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment.

(2) TRADITIONAL FUEL.—The term “traditional fuel” means a liquid hydrocarbon fuel derived or refined from petroleum.

(3) OPERATIONAL PURPOSES.—The term “operational purposes” means for the purposes of conducting military operations, including training, exercises, large scale demonstrations, and moving and sustaining military forces and military platforms. The term does not include research, development, testing, evaluation, fuel certification, or other demonstrations.

SEC. 314. Study on implementation of requirements for consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes.

(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 congressional defense committees a report regarding the implementation of section 332 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4420; 10 U.S.C. 2911 note) (in this section referred to as “section 332”). The report shall describe the implementation to date of the requirements for consideration of fuel logistics support requirements in the planning, requirements development, and acquisition processes, including the following elements:

(1) A list of acquisition solicitations that incorporate analysis established and developed pursuant to section 332.

(2) An analysis of the extent to which Department of Defense planning, requirements development, and acquisition processes incorporate or rely on the fully burdened cost of energy and energy key performance parameter in relation to other metrics.

(3) An estimate of the total fuel costs avoided as a result of inclusion of the fully burdened cost of energy and energy key performance parameter in acquisitions, including an estimate of monetary savings and fuel volume savings.

(4) An analysis of the extent to which the energy security requirements of the Department of Defense are enhanced by incorporation of section 332 requirements in the acquisition process, and recommendations for further improving section 332 requirements to further enhance energy security and mission capability requirements.

(b) Energy security defined.—In this section, the term “energy security” has the meaning given the term in section 2924(3) of title 10, United States Code.

SEC. 315. Comptroller General study of Department of Defense research and development projects and investments to increase energy security and meet energy goals requirements.

(a) Study required.—

(1) IN GENERAL.—The Comptroller General of the United States shall conduct a review of Department of Defense projects, strategy, resourcing, and research, development, and investment in pursuit of increasing energy security, decreasing energy consumption and logistical burdens, reducing tactical and strategic vulnerabilities, and meeting the renewable energy goals set forth in section 2911(e) of title 10, United States Code, including by Executive Order and through related legislative mandates.

(2) SCOPE.—The review conducted under paragraph (1) shall specify—

(A) specific programs, costs, and estimated and expected savings of the programs, and the methodology and accuracy of cost savings projections, including the cost of construction, maintenance, and modernization of facilities, infrastructure, and equipment relative to the costs of using traditional energy sources; and

(B) any benefits related to increased energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption and logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces.

(b) Report.—Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the review conducted under subsection (a), including the following elements:

(1) A description of all current Department of Defense energy research, development, and investment initiatives throughout the Department of Defense, by military service, including—

(A) the use of any renewable energy source as specified in section 2911(e)(2) of title 10, United States Code;

(B) the total dollars spent to date compared to the total dollars spent to date on the lifecycle costs of conventional energy sources;

(C) the estimated total cost projected duration of each project, if implemented; and

(D) any potential benefits related to meeting Department of Defense technology development goals, increasing energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption and logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces.

(2) A description of—

(A) the estimated and expected savings or cost increases of each of the projects;

(B) the methodology and accuracy of cost savings projections, including the cost of construction, maintenance, modernization of facilities, infrastructure, and equipment relative to the costs of using traditional energy sources;

(C) any potential benefits related to meeting Department of Defense technology development goals, increasing energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption and logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces as described in paragraph (1), including a comparison of the lifecycle costs and benefits of renewable power to the lifecycle costs and benefits of conventional energy sources projected over future periods of 10, 20, and 30 years with reasonable consideration given to utility rate structures, costs associated with ancillary services, and anticipated transmission or other construction costs incurred or avoided by a particular type of energy project.

(3) An assessment of—

(A) the adequacy of the coordination by the Department of Defense among the service branches and the Department of Defense as a whole, and whether or not the Department of Defense has an effective, combat capabilities-based, and coordinated energy research, development, and investment strategy for energy projects with consideration for savings realized for dollars invested and the capitalization costs of such investments; and

(B) any potential benefits related to meeting Department of Defense technology development goals, increasing energy security, the availability of on-site renewable and hybrid energy systems when using a micro-grid, reduced energy consumption, reduced logistical burdens, reduced tactical and strategic vulnerabilities, and assured access for the Department to reliable supplies of energy required to meet all the needs and combatant capabilities of the Armed Forces.

(4) An assessment of any challenges and gaps faced by the Department of Defense between its goals and its current research, development, and investment in energy initiatives.

(5) Recommendations whether a need exists for a new energy strategy for the Department of Defense that provides the Department with assured access to reliable supplies of energy required to meet all the needs and combat capabilities of the Armed Forces.

SEC. 316. Decontamination of a portion of former bombardment area on island of Culebra, Puerto Rico.

(a) Sense of Congress.—It is the sense of Congress that certain limited portions of the former bombardment area on the Island of Culebra should be available for safe public recreational use while the remainder of the area is most advantageously reserved as habitat for endangered and threatened species.

(b) Modification of restriction on decontamination limitation.—The first sentence of section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93–166; 87 Stat. 668) shall not apply to the beaches, the campgrounds, and the Carlos Rosario Trail.

(c) Modification of deed restrictions.—Notwithstanding paragraph 9 of the quitclaim deed, the Secretary of the Army may expend funds available in the Environmental Restoration Account, Formerly Used Defense Sites, established pursuant to section 2703(a)(5) of title 10, United States Code, to decontaminate the beaches, the campgrounds, and the Carlos Rosario Trail of unexploded ordnance.

(d) Precise boundaries.—The Secretary of the Army shall determine the exact boundaries of the beaches, the campgrounds, and the Carlos Rosario Trail for purposes of this section.

(e) Definitions.—In this section:

(1) The term “beaches” means the portions of Carlos Rosario Beach, Flamenco Beach, and Tamarindo Beach identified in green in Figure 4 as Beach and located inside of the former bombardment area.

(2) The term “campgrounds” means the areas identified in blue in Figure 4 as Campgrounds in the former bombardment area.

(3) The term “Carlos Rosario Trail” means the trail identified in yellow in Figure 4 as the Carlos Rosario Trail and traversing the southern portion of the former bombardment area from the campground to the Carlos Rosario Beach.

(4) The term “Figure 4” means Figure 4, located on page 8 of the study.

(5) The term “former bombardment area” means that area on the Island of Culebra, Commonwealth of Puerto Rico, consisting of approximately 408 acres, conveyed to the Commonwealth by the quitclaim deed, and subject to the first sentence of section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93–166; 87 Stat. 668).

(6) The term “quitclaim deed” means the quitclaim deed from the United States of America to the Commonwealth of Puerto Rico conveying the former bombardment area, signed by the Governor of Puerto Rico on December 20, 1982.

(7) The term “study” means the “Study Relating to the Presence of Unexploded Ordnance in a Portion of the Former Naval Bombardment Area of Culebra Island, Commonwealth of Puerto Rico”, dated April 20, 2012, prepared by the United States Army for the Department of Defense pursuant to section 2815 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4464).

(8) The term “unexploded ordnance” has the meaning given the term in section 101(e)(5) of title 10, United States Code.

subtitle CLogistics and sustainment

SEC. 321. Modification of annual reporting requirement related to prepositioning of materiel and equipment.

Section 321(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 732; 10 U.S.C. 2229 note) is amended—

(1) by striking “Not later than” and inserting the following:

“(1) INITIAL REPORT.—Not later than”;

(2) by striking “, and annually thereafter”; and

(3) by adding at the end the following new paragraph:

“(2) PROGRESS REPORTS.—Not later than one year after submitting the report required under paragraph (1), and annually thereafter for two years, the Comptroller General shall submit to the congressional defense committees a report assessing the progress of the Department of Defense in implementing its strategic policy and plan for its prepositioned stocks and including any additional information related to the Department's management of its prepositioned stocks that the Comptroller General determines appropriate.”.

SEC. 322. Modification of quarterly readiness reporting requirement.

Section 482 of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by inserting “active and reserve” before “military readiness”; and

(B) by striking “subsections (b), (d), (f), (g), (h), (i), (j), and (k)” and all that follows through the period at the end and inserting “subsections (b), (d), (e), (f), and (g).”;

(2) by striking subsections (d), (e), (f), and (k);

(3) by redesignating subsections (g), (h), (i), (j), and (l) as subsections (d), (e), (f), (g), and (h), respectively;

(4) in subsection (d)(1), as redesignated by paragraph (3), by striking “National Response Plan” and inserting “National Response Framework (NRF)”;

(5) in subsection (e), as so redesignated, by adding at the end the following new paragraph:

“(3) The assessment included in the report under paragraph (1) by the Commander of the United States Strategic Command shall include a separate assessment prepared by the Commander of United States Cyber Command relating to the United States Cyber Command.”; and

(6) in subsection (g), as so redesignated—

(A) by striking subparagraph (G); and

(B) by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H), respectively.

SEC. 323. Elimination of authority to abolish arsenals.

(a) In general.—Section 4532 of title 10, United States Code, is amended—

(1) in the section heading, by striking “; abolition of”; and

(2) by amending subsection (b) to read as follows:

“(b) It shall be the objective to the Secretary of the Army, in managing the workload of the arsenals, to maintain the critical capabilities identified in the Army Organic Industrial Base Strategy Report, and ensure cost efficiency and technical competence in peacetime, while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergent requirements.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 433 of such title is amended by striking the item relating to section 4532 and inserting the following new item:


“4532. Factories and arsenals: manufacture at.”.

subtitle DReports

SEC. 331. Repeal of annual report on Department of Defense operation and financial support for military museums.

(a) In general.—Section 489 of title 10, United States Code, is repealed.

(b) Clerical amendment.—The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489.

subtitle ELimitations and extensions of authority

SEC. 341. Limitation on MC–12 aircraft transfer to United States Special Operations Command.

(a) Limitation.—Except as provided under subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense for operation and maintenance, Defense-wide, may be obligated or expended for the transfer of MC–12 aircraft from the Air Force to the United States Special Operations Command until 60 days after the delivery of the report required under subsection (b).

(b) Report required.—

(1) IN GENERAL.—Not later than March 1, 2015, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report with an analysis and justification for the transfer of MC–12 aircraft from the Air Force to the United States Special Operations Command.

(2) ELEMENTS.—The report required under paragraph (1) shall outline, at a minimum—

(A) the current platform requirements for manned intelligence, surveillance, and reconnaissance aircraft to support United States Special Operations Forces;

(B) an analysis of alternatives comparing various manned intelligence, surveillance, and reconnaissance aircraft, including U–28 aircraft, in meeting the platform requirements for manned intelligence, surveillance, and reconnaissance aircraft to support United States Special Operations Forces;

(C) an analysis of the remaining service life of the U–28 aircraft to be divested by the United States Special Operations Command and the MC–12 aircraft to be transferred from the Air Force;

(D) the future manned intelligence, surveillance, and reconnaissance platform requirements of the United States Special Operations Command for areas outside of Afghanistan, including range, payload, endurance, and other requirements, as defined by the Command's “Intelligence, Surveillance, and Reconnaissance Road Map”;

(E) an analysis of the cost to convert MC–12 aircraft to provide intelligence, surveillance, and reconnaissance capabilities equal to or better than those provided by the U–28 aircraft;

(F) a description of the engineering and integration needed to convert MC–12 aircraft to provide intelligence, surveillance, and reconnaissance capabilities equal to or better than those provided by the U–28 aircraft; and

(G) the expected annual cost to operate 16 U–28 aircraft as a government-owned, contractor operated program.

(c) Exception.—Subsection (a) does not apply to aircraft transferred from the Air Force to the United States Special Operations Command to support Aviation Foreign Internal Defense requirements.

SEC. 342. Limitation on establishment of regional Special Operations Forces Coordination Centers.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to establish Regional Special Operations Forces Coordination Centers (RSCCs).

subtitle FOther matters

SEC. 351. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors.

(a) Repeal.—Section 9513 of title 10, United States Code, is repealed.

(b) Clerical amendment.—The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513.

SEC. 352. Revised policy on ground combat and camouflage utility uniforms.

Section 352(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 742) is amended—

(1) in paragraph (4), by striking the semicolon at the end and inserting “; or”;

(2) by striking paragraph (5); and

(3) by redesignating paragraph (6) as paragraph (5).

SEC. 353. Southern Sea Otter Military Readiness Areas.

(a) Establishment of military readiness areas.—

(1) IN GENERAL.—Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section:

§ 7235. Southern Sea Otter Military Readiness Areas

“(a) In general.—The Secretary of the Navy shall establish areas, to be known as ‘Southern Sea Otter Military Readiness Areas’, for national defense purposes. Such areas shall include each of the following:

“(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:

      “N. Latitude/W. Longitude
      “33°27.8′/119°34.3′
      “33°20.5′/119°15.5′
      “33°13.5′/119°11.8′
      “33°06.5′/119°15.3′
      “33°02.8′/119°26.8′
      “33°08.8′/119°46.3′
      “33°17.2′/119°56.9′
      “33°30.9′/119°54.2′.

“(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.

“(b) Activities within military readiness areas.—

“(1) INCIDENTAL TAKINGS UNDER ENDANGERED SPECIES ACT OF 1973.—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.

“(2) INCIDENTAL TAKINGS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.

“(3) TREATMENT AS SPECIES PROPOSED TO BE LISTED.—For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of that Act (16 U.S.C. 1533).

“(c) Removal.—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas.

“(d) Revision or termination of exceptions.—The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior determines, in consultation with the Secretary of the Navy and the Marine Mammal Commission, that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.

“(e) Monitoring.—

“(1) IN GENERAL.—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service and the Marine Mammal Commission.

“(2) REPORTS.—Not later than 24 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015 and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).

“(f) Definitions.—In this section:

“(1) SOUTHERN SEA OTTER.—The term ‘southern sea otter’ means any member of the subspecies Enhydra lutris nereis.

“(2) TAKE.—The term ‘take’—

“(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall have the meaning given such term in that Act; and

“(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall have the meaning given such term in that Act.

“(3) INCIDENTAL TAKING.—The term ‘incidental taking’ means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

“(4) MILITARY READINESS ACTIVITY.—The term ‘military readiness activity’ has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note) and includes all training and operations of the armed forces that relate to combat and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.

“(5) OPTIMUM SUSTAINABLE POPULATION.—The term ‘optimum sustainable population’ means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 631 of such title is amended by adding at the end the following new item:


“7235. Southern Sea Otter Military Readiness Areas.”.

(b) Conforming amendment.—Section 1 of Public Law 99–625 (16 U.S.C. 1536 note) is repealed.

TITLE IVMilitary Personnel Authorizations

subtitle AActive Forces

SEC. 401. End strengths for active forces.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2015, as follows:

(1) The Army, 490,000.

(2) The Navy, 323,600.

(3) The Marine Corps, 184,100.

(4) The Air Force, 310,900.

subtitle BReserve Forces

SEC. 411. End strengths for Selected Reserve.

(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2015, as follows:

(1) The Army National Guard of the United States, 350,200.

(2) The Army Reserve, 202,000.

(3) The Navy Reserve, 57,300.

(4) The Marine Corps Reserve, 39,200.

(5) The Air National Guard of the United States, 105,000.

(6) The Air Force Reserve, 67,100.

(7) The Coast Guard Reserve, 9,000.

(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c) End strength increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

SEC. 412. End strengths for Reserves on active duty in support of the reserves.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 31,385.

(2) The Army Reserve, 16,261.

(3) The Navy Reserve, 9,973.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 14,704.

(6) The Air Force Reserve, 2,830.

SEC. 413. End strengths for military technicians (dual status).

The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 27,210.

(2) For the Army Reserve, 7,895.

(3) For the Air National Guard of the United States, 21,792.

(4) For the Air Force Reserve, 9,789.

SEC. 414. Fiscal year 2015 limitation on number of non-dual status technicians.

(a) Limitations.—

(1) NATIONAL GUARD.—Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2015, may not exceed the following:

(A) For the Army National Guard of the United States, 1,600.

(B) For the Air National Guard of the United States, 350.

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed 595.

(3) AIR FORCE RESERVE.—The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90.

(b) Non-dual status technicians defined.—In this section, the term “non-dual status technician” has the meaning given that term in section 10217(a) of title 10, United States Code.

SEC. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

During fiscal year 2015, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

subtitle CAuthorization of Appropriations

SEC. 421. Military personnel.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015.

TITLE VMilitary Personnel Policy

subtitle AOfficer Personnel Policy

SEC. 501. Authority for three-month deferral of retirement for officers selected for selective early retirement.

(a) Warrant officers.—Section 581(e) of title 10, United States Code, is amended—

(1) by striking “90 days” and inserting “three months”; and

(2) by inserting after the first sentence the following new sentence: “An officer recommended for early retirement under this section, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.”.

(b) Officers on the active-duty list.—Section 638(b) of such title is amended—

(1) in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: “, with such retirement under that section to be not later than the first day of the month beginning after the month in which the officer becomes qualified for retirement under that section, or on the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement, whichever is later”; and

(2) in paragraph (3)—

(A) by striking “90 days” and inserting “three months”; and

(B) by inserting after the first sentence the following new sentences: “An officer recommended for early retirement under paragraph (1)(A) or section 638a of this title, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under paragraph (1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. An officer recommended for early retirement under paragraph (2), if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.”.

SEC. 502. Repeal of limits on percentage of officers who may be recommended for discharge during a fiscal year under enhanced selective discharge authority.

Section 638a(d) of title 10, United States Code, is amended—

(1) by striking paragraph (3); and

(2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

SEC. 503. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning.

Section 5942(a) of title 10, United States Code, is amended—

(1) by inserting “(1)” after “(a)”; and

(2) by adding at the end the following new paragraph:

“(2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal.”.

SEC. 504. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties.

Section 581(d) of title 10, United State Code, is amended—

(1) by redesignating paragraph (2) as paragraph (3);

(2) by designating the second sentence of paragraph (1) as paragraph (2); and

(3) in paragraph (2), as so designated—

(A) by striking “the list shall include each” and inserting “the list shall include—

“(A) the name of each”;

(B) by striking the period at the end and inserting “; or”; and

(C) by adding at the end the following new subparagraph:

“(B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary concerned.”.

SEC. 505. Repeal of requirement for submittal to Congress of annual reports on joint officer management and promotion policy objectives for joint officers.

(a) Repeal of annual reports.—

(1) JOINT OFFICER MANAGEMENT.—Section 667 of title 10, United States Code, is repealed.

(2) PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.—Section 662 of such title is amended —

(A) by striking “(a) Qualifications.—”; and

(B) by striking subsection (b).

(b) Clerical amendment.—The table of sections at the beginning of chapter 38 of such title is amended by striking the item relating to section 667.

subtitle BReserve Component Management

SEC. 511. Retention on reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees.

(a) Retention of first lieutenants and lieutenants (junior grade) following nonselection for promotion.—Subsection (a)(1) of section 14701 of title 10, United States Code, is amended—

(1) by inserting “(A)” after “(1)”;

(2) in subparagraph (A), as so designated—

(A) by striking “A reserve officer of” and inserting “A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under section 14504 of this title, or a reserve officer of”; and

(B) by inserting a comma after “14507 of this title”; and

(3) by adding at the end the following new subparagraph:

“(B) A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who—

“(i) is a health professions officer; or

“(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.”.

(b) Retention of health professions officers.—Such section is further amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection (b):

“(b) Continuation of health professions officers.— (1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law.

“(2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service.

“(3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law.”.

SEC. 512. Database on military technician positions.

(a) Centralized database required.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments, establish and maintain a centralized database of information on the military technician positions of the Department of Defense. The database shall contain and set forth current information on all military technician positions of the Armed Forces.

(b) Elements.—The database under subsection (a) shall include the following:

(1) An identification of each military technician position, whether dual-status or non-dual status.

(2) For each position identified pursuant to paragraph (1)—

(A) a description of the functions of such position;

(B) a statement of the military necessity for such position; and

(C) a statement whether such position—

(i) is a general administration, clerical, or office service occupation; or

(ii) is tied directly to the maintenance of military readiness.

SEC. 513. Improved consistency in suicide prevention and resilience program for the reserve components of the Armed Forces.

(a) Policy for standard suicide data collection, reporting and assessment.—To improve consistency in and oversight of the suicide prevention and resilience program for the National Guard and Reserves established pursuant to section 10219 of title 10, United States Code, the Secretary of Defense shall prescribe a policy for the development of a standard method for collecting, reporting, and assessing suicide data and suicide-attempt data involving members of the National Guard and Reserves.

(b) Consultation.—The Secretary of Defense shall develop the policy required by subsection (a) in consultation with the Secretaries of the military departments and the Chief of the National Guard Bureau.

(c) Submittal of policy.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit the policy developed under subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives.

(d) Implementation.—The Secretaries of the military departments shall implement the policy developed under subsection (a) by not later than 180 days after the date of the submittal of the policy pursuant to subsection (c).

SEC. 514. Office of Employer Support for the Guard and Reserve.

The Office of Employer Support for the Guard and Reserve (ESGR) shall, using funds available to the Office under this Act, take appropriate actions to increase the number of program support specialists in the States in order to reduce the number of unemployed and underemployed members of the National Guard and to educate employers on requirements of chapter 43 of title 38, United States Code (commonly referred to as “USERRA”).

subtitle CGeneral Service Authorities

SEC. 521. Enhancement of participation of mental health professionals in boards for correction of military records and boards for review of discharge or dismissal of members of the Armed Forces.

(a) Boards for correction of military records.—Section 1552 of title 10, United States Code, is amended—

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following new subsection (g):

“(g) Any medical advisory opinion issued to a board established under subsection (a)(1) with respect to a member or former member of the armed forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a clinical psychologist or psychiatrist if the request for correction of records concerned relates to a mental health disorder.”.

(b) Boards for review of discharge or dismissal.—

(1) REVIEW FOR CERTAIN FORMER MEMBERS WITH PTSD OR TBI.—Subsection (d)(1) of section 1553 of such title is amended by striking “physician, clinical psychologist, or psychiatrist” the second place it appears and inserting “clinical psychologist or psychiatrist, or a physician with additional training and experience specified by the Secretary concerned to provide advice on specialized medical or psychological matters relating to post-traumatic stress disorder and traumatic brain injuries”.

(2) REVIEW FOR CERTAIN FORMER MEMBERS WITH MENTAL HEALTH DIAGNOSES.—Such section is further amended by adding at the end the following new subsection:

“(e) In the case of a former member of the armed forces (other than a former member covered by subsection (d)) who was diagnosed while serving in the armed forces as experiencing a mental health disorder, a board established under this section to review the former member's discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with additional training and experience specified by the Secretary concerned to provide advice on specialized medical or psychological matters relating to mental health disorders.”.

SEC. 522. Extension of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces.

(a) Extension of program authority.—Subsection (l) of section 533 of the National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 701 prec. note) is amended—

(1) by inserting “(1)” before “No member”;

(2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking “December 31, 2015” and inserting “December 31, 2018”; and

(3) by adding at the end the following new paragraph:

“(2) A member may not be reactivated to active duty in the Armed Forces under a pilot program conducted under this section after December 31, 2021.”.

(b) Report matters.—Subsection (k) of such section is amended—

(1) in paragraph (1), by striking “and 2017” and inserting “2017, and 2019”;

(2) in paragraph (2), by striking “March 1, 2019” and inserting “March 1, 2022”; and

(3) by adding at the end the following new paragraph:

“(4) ADDITIONAL ELEMENTS FOR FINAL REPORTS.—Each final report under this subsection shall, in addition to the elements required by paragraph (3), include the following:

“(A) A description of the costs to the military department concerned of each pilot program conducted by such military department under this section

“(B) A description of the reasons why members choose to participate in the pilot programs conducted by the military department concerned.

“(C) A description of the members who did not return to the active duty in the Armed Forces at the conclusion of their inactivation from active duty under the pilot programs conducted by the military department concerned, and a statement of the reasons why.

“(D) A statement whether the military department concerned required members to perform inactive duty training as part of participation in any pilot program conducted by such military department, and if so, a description of the members so required, a statement of the reasons why, and a description of how often.”.

SEC. 523. Sense of Senate on validated gender-neutral occupational standards for all military occupations.

It is the sense of the Senate that the Secretaries of the military departments should—

(1) eliminate all unnecessary gender-based barriers to service and integrate women into occupational fields and units currently closed to them to the maximum extent possible;

(2) by not later than September 1, 2015, validate gender-neutral occupational standards for every military occupation, with such standards for each military occupation to be based solely on the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to such military occupation;

(3) ensure that such gender-neutral occupational standards enable the operational capability and combat effectiveness required for the military to meet national defense objectives;

(4) ensure that such validated gender-neutral occupational standards are considered in determining whether positions and occupations currently closed to service by women are opened;

(5) ensure that the surgeon general of the Armed Force concerned has evaluated the medical requirements and has determined that resources to meet such requirements will be adequate for female members for the military occupations or units to which they will be assigned;

(6) ensure that the Chief of Service of the Armed Force concerned has evaluated the table of equipment for the unit or position for the military occupations or units to which they will be assigned and has determined that all required equipment for female members meets required standards for wear and survivability; and

(7) by not later than January 1, 2016, open all military occupations to service by women who can meet such validated gender-neutral occupational standards for the military occupations to which they will be assigned, if determined to be in the best interests of the national defense of the United States, and ensure that all members of the Armed Forces, regardless of gender, are assigned to units on the basis of their ability to meet the occupational standards required by such assignment.

SEC. 524. Comptroller General of the United States report on impact of certain mental and physical trauma on discharges from military service for misconduct.

(a) Report required.—The Comptroller General of the United States shall submit to Congress a report on the impact of mental and physical trauma relating to Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), behavioral health matters not related to Post Traumatic Stress Disorder, and other neurological combat traumas (in this section referred to as “covered traumas”) on the discharge of members of the Armed Forces from the Armed Forces for misconduct.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) An assessment of the extent to which the Armed Forces have in place processes for the consideration of the impact of mental and physical trauma relating to covered traumas on members of the Armed Forces who are being considered for discharge from the Armed Forces for misconduct, including the compliance of the Armed Forces with such processes and mechanisms in the Department of Defense for ensuring the compliance of the Armed Forces with such processes.

(2) An assessment of the extent to which the Armed Forces provide members of the Armed Forces, including commanding officers, junior officers, and noncommissioned officers, training on the symptoms of covered traumas and the identification of the presence of such conditions in members of the Armed Forces.

(3) An assessment of the extent to which members of the Armed Forces who receive treatment for a covered trauma before discharge from the Armed Forces are later discharged from the Armed Forces for misconduct.

(4) An identification of the number of members of the Armed Forces discharged as described in paragraph (3) who are ineligible for benefits from the Department of Veterans Affairs based on characterization of discharge.

(5) An assessment of the extent to which members of the Armed Forces who accept a discharge from the Armed Forces for misconduct in lieu of trial by court-martial are counseled on the potential for ineligibility for benefits from the Department of Veterans Affairs as a result of such discharge before acceptance of such discharge.

SEC. 525. Sense of Senate on upgrade of characterization of discharge of certain Vietnam era members of the Armed Forces.

(a) Sense of Senate.—It is the sense of the Senate that, when considering a request for correction of a less-than-honorable discharge issued to a member of the Armed Forces during the Vietnam era, the Boards for Correction of Military Records—

(1) should take into account whether the veteran—

(A) served in the Republic of Vietnam during the Vietnam era; and

(B) following such service, was diagnosed with Post-Traumatic Stress Disorder as a result of such service after Post-Traumatic Stress Disorder was included in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association; and

(2) if the veteran meets the criteria specified in paragraph (1), should give all due consideration to an upgrade of characterization of discharge.

(b) Vietnam era defined.—In this section, the term “Vietnam era” has the meaning given that term in section 101(29) of title 38, United States Code.

subtitle DMember Education and Training

SEC. 531. Enhancement of authority for members of the Armed Forces to obtain professional credentials.

(a) In general.—Section 2015 of title 10, United States Code, is amended to read as follows:

§ 2015. Professional credentials: program to assist members in obtaining credentials

“(a) Program required.— (1) Subject to subsection (b), the Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials that relate to training and skills that are acquired during their service in the armed forces and translate into civilian occupations.

“(2) The program shall provide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional licenses, professional certification, and related expenses.

“(b) Limitation.—The authority under subsection (a) may not be used to pay the expenses of a member to obtain professional credentials that are a prerequisite for appointment in the armed forces.

“(c) Regulations.— (1) The Secretary of Defense and the Secretary of Homeland Security shall prescribe regulations to carry out this section.

“(2) The regulations shall apply uniformly to the armed forces to the extent practicable.

“(3) The regulations shall include the following:

“(A) Requirements for eligibility for participation in the program under this section.

“(B) A description of the professional credentials and occupations covered by the program.

“(C) Mechanisms for oversight of the payment of expenses and the provision of other benefits under the program.

“(D) Such other matters in connection with the payment of expenses and the provision of other benefits under the program as the Secretaries consider appropriate.

“(d) Expenses defined.—In this section, the term ‘expenses’ means expenses for class room instruction, hands-on training (and associated materials), manuals, study guides and materials, text books, processing fees, and test fees and related fees.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 101 of such title is amended by striking the item relating to section 2015 and inserting the following new item:


“2015. Professional credentials: program to assist members in obtaining credentials.”.

SEC. 532. Authority for Joint Special Operations University to award degrees.

(a) In general.—Chapter 108 of title 10, United States Code, is amended by inserting after section 2163 the following new section:

§ 2163a. Degree granting authority for Joint Special Operations University

“(a) Authority.—Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements.

“(b) Limitation.—A degree may not be conferred under this section unless—

“(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

“(2) the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 108 of such title is amended by inserting after the item relating to section 2163 the following new item:


“2163a. Degree granting authority for Joint Special Operations University.”.

SEC. 533. Enhancement of information provided to members of the Armed Forces and veterans regarding use of Post-9/11 Educational Assistance and Federal financial aid through Transition Assistance Program.

(a) Additional information required.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall enhance the higher education component of the Transition Assistance Program (TAP) of the Department of Defense by providing additional information that is more complete and accurate than the information provided as of the day before the date of the enactment of this Act to individuals who apply for educational assistance under chapter 30 or 33 of title 38, United States Code, to pursue of a program of education at an institution of higher learning.

(2) ELEMENTS.—The additional information required by paragraph (1) shall include the following:

(A) Information provided by the Secretary of Education that addresses—

(i) to the extent practicable, differences between types of institutions of higher learning in such matters as tuition and fees, admission requirements, accreditation, transferability of credits, credit for qualifying military training, time required to complete a degree, and retention and job placement rates; and

(ii) how Federal educational assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) should be used in conjunction with educational assistance provided under chapters 30 and 33 of title 38, United States Code, for pursuit of a program of education at an institution of higher learning before using private student loans whenever possible.

(B) Information from the Federal Trade Commission that addresses important questions that veterans should consider when choosing an institution of higher learning at which to pursue a program of education.

(C) Information about the Postsecondary Education Complaint System of the Department of Defense, the Department of Veterans Affairs, the Department of Education, and the Consumer Financial Protection Bureau.

(D) Information about the GI Bill Comparison Tool of the Department of Veterans Affairs.

(E) Information about each of the Principles of Excellence established by the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Education pursuant to Executive Order 13607 of April 27, 2012 (77 Fed. Reg. 25861), including how to recognize whether an educational institution may be violating any of such principles.

(F) Such other information as the Secretary of Education considers appropriate.

(3) ACCESSIBILITY.— (A) In carrying out this subsection, the Secretary of Defense shall consult with individuals who are experts on the presentation of complex information in formats and manners that are engaging to members of the Armed Forces and veterans.

(B) In carrying out this subsection and presenting information to members of the Armed Forces or veterans, the Secretary of Defense shall avoid using abstract terms and shall focus on the practical effects of relevant factors relating to attending educational institutions.

(4) CONSULTATION.—In carrying out this subsection, the Secretary of Defense shall consult with the Secretary of Veterans Affairs and the Director of the Consumer Financial Protection Bureau.

(b) Availability of higher education component online.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the higher education component of the Transition Assistance Program is available to members of the Armed Forces on an Internet website of the Department of Defense so that members have an option to complete such component electronically and remotely.

(c) Notice of availability of higher education component upon request for certificate of entitlement to Tuition Assistance.—

(1) IN GENERAL.—Whenever a member of the Armed Forces requests a certificate from the Secretary of Defense to prove entitlement to educational assistance under section 2007 of title 10, United States Code, the Secretary shall notify the member of the availability of the higher education component of the Transition Assistance Program online pursuant to subsection (b)(1).

(2) GUIDANCE.—The Secretary of Defense shall carry out this subsection with such guidance as the Secretary considers appropriate.

(d) Definitions.—In this section:

(1) The term “institution of higher learning” has the meaning given such term in section 3452 of title 38, United States Code.

(2) The term “type of institution of higher learning” means the following types of institutions of higher learning:

(A) An educational institution described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(B) An educational institution described in subsection (b) of section 102 of such Act (20 U.S.C. 1002).

(C) An educational institution described in subsection (c) of such section.

SEC. 534. Duration of foreign and cultural exchange activities at military service academies.

(a) Military Academy.—Section 4345a(a) of title 10, United States Code, is amended by striking “two weeks” and inserting “four weeks”.

(b) Naval Academy.—Section 6957b(a) of such title is amended by striking “two weeks” and inserting “four weeks”.

(c) Air Force Academy.—Section 9345a(a) of such title is amended by striking “two weeks” and inserting “four weeks”.

subtitle EMilitary Justice and Legal Matters

SEC. 541. Ordering of depositions under the Uniform Code of Military Justice.

Subsection (a) of section 849 of title 10, United States Code (article 49 of the Uniform Code of Military Justice), is amended to read as follows:

“(a) (1) At any time after charges have been signed as provided in section 830 of this title (article 30), oral or written depositions may be ordered as follows:

“(A) Before referral of such charges for trial, by the convening authority who has such charges for disposition.

“(B) After referral of such charges for trial, by the convening authority or the military judge hearing the case.

“(2) An authority authorized to order a deposition under paragraph (1) may order the deposition at the request of any party, but only if the party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of the prospective witness be taken and preserved for use at a preliminary hearing under section 832 of this title (article 32) or a court-martial.

“(3) If a deposition is to be taken before charges are referred for trial, the authority under paragraph (1)(A) may designate commissioned officers as counsel for the Government and counsel for the accused, and may authorize those officers to take the deposition of any witness.”.

SEC. 542. Modification of Rule 513 of the Military Rules of Evidence, relating to the privilege against disclosure of communications between psychotherapists and patients.

Not later than 180 days after the date of the enactment of this Act, Rule 513 of the Military Rules of Evidence shall be modified as follows:

(1) To include within the communications covered by the privilege communications with other licensed mental health professionals.

(2) To clarify or eliminate the current exception to the privilege when the admission or disclosure of a communication is constitutionally required.

(3) To require that a party seeking production or admission of records or communications protected by the privilege—

(A) show a specific factual basis demonstrating a reasonable likelihood that the records or communications would yield evidence admissible under an exception to the privilege;

(B) demonstrate by a preponderance of the evidence that the requested information meets one of the enumerated exceptions to the privilege;

(C) show that the information sought is not merely cumulative of other information available; and

(D) show that the party made reasonable efforts to obtain the same or substantially similar information through non-privileged sources.

(4) To authorize the military judge to conduct a review in camera of records or communications only when—

(A) the moving party has met its burden as established pursuant to paragraph (3); and

(B) an examination of the information is necessary to rule on the production or admissibility of protected records or communications.

(5) To require that any production or disclosure permitted by the military judge be narrowly tailored to only the specific records or communications, or portions of such records or communications, that meet the requirements for one of the enumerated exceptions to the privilege and are included in the stated purpose for which the such records or communications are sought.

SEC. 543. Enhancement of victims' rights to be heard through counsel in connection with prosecution of certain sex-related offenses.

(a) Representation by Special Victims' Counsels.—Section 1044e(b)(6) of title 10, United States Code, is amended by striking “Accompanying the victim” and inserting “Representing the victim”.

(b) Manual for Courts-Martial.—Not later than 180 days after the date of the enactment of this Act, the Manual for Courts-Martial shall be modified to provide that when a victim of an alleged sex-related offense has a right to be heard in connection with the prosecution of such offense, the victim may exercise that right through counsel, including through a Special Victims' Counsel under section 1044e of title 10, United States Code (as amended by subsection (a)).

(c) Notice to counsel on scheduling of proceedings.—Each Secretary concerned shall establish policies and procedures designed to ensure that any counsel of the victim of an alleged sex-related offense, including a Special Victims' Counsel under section 1044e of title 10, United States Code (as so amended), is provided prompt and adequate notice of the scheduling of any hearing, trial, or other proceeding in connection with the prosecution of such offense in order to permit such counsel the opportunity to prepare for such proceeding.

(d) Definitions.—In this section:

(1) The term “alleged sex-related offense” has the meaning given that term in section 1044e(g) of title 10, United States Code.

(2) The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

SEC. 544. Eligibility of members of the reserve components of the Armed Forces for assistance of Special Victims' Counsel.

Section 1044e(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) A member of a reserve component who is the victim of an alleged sex-related offense and who is not otherwise eligible for military legal assistance under section 1044 of this title shall be deemed to be eligible for the assistance of a Special Victims’ Counsel under this section.”.

SEC. 545. Additional enhancements of military department actions on sexual assault prevention and response.

(a) Additional duty of Special Victims' Counsels.—In addition to any duties authorized by section 1044e of title 10, United States Code, a Special Victims’ Counsel designated under subsection (a) of such section shall provide advice to victims of sexual assault on the advantages and disadvantages of prosecution of the offense concerned by court-martial or by a civilian court with jurisdiction over the offense before such victims express their preference as to the prosecution of the offense under subsection (b).

(b) Consultation with victims regarding preference in prosecution of certain sexual offenses.—

(1) IN GENERAL.—The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense.

(2) CONSIDERATION OF PREFERENCE.—The preference expressed by a victim under paragraph (1) with respect to the prosecution of an offense, while not binding, should be considered in the determination whether to prosecute the offense by court-martial or by a civilian court.

(3) NOTICE TO VICTIM OF LACK OF CIVILIAN CRIMINAL PROSECUTION AFTER PREFERENCE FOR SUCH PROSECUTION.—In the event a victim expresses a preference under paragraph (1) in favor of prosecution of an offense by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination.

(c) Performance appraisals of members of the Armed Forces.—

(1) APPRAISALS OF ALL MEMBERS ON COMPLIANCE WITH SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAMS.—The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned.

(2) PERFORMANCE APPRAISALS OF COMMANDING OFFICERS.—The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which—

(A) allegations of sexual assault would be properly managed and fairly evaluated; and

(B) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command.

(d) Review of command climate assessments following incidents of certain sexual offenses.—Section 1743(c)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 979; 10 U.S.C. 1561 note) is amended by inserting at the end the following new subparagraph:

“(F) A review of the most recent climate assessment conducted pursuant to section 572(a)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1754) for the command or unit of the suspect and the command or unit of the victim, and an assessment of whether another such climate assessment should be conducted.”.

(e) Confidential review of characterization of terms of discharge of victims of sexual offenses.—

(1) IN GENERAL.—The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces.

(2) CONSIDERATION OF INDIVIDUAL EXPERIENCES IN CONNECTION WITH OFFENSES.—In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the offense concerned, and to determine what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces.

(3) PRESERVATION OF CONFIDENTIALITY.—Documents considered and decisions rendered pursuant to the process required by paragraph (1) shall not be made available to the public, except with the consent of the individual concerned.

(f) Covered sexual offense defined.—In subsections (a) through (e), the term “covered sexual offense” means any of the following:

(1) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).

(2) Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice).

(3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

(g) Modification of military rules of evidence relating to admissibility of general military character toward probability of innocence.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be amended to provide that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused for an offense specified in paragraph (2).

(2) OFFENSES.—An offense specified in this paragraph is an offense as follows:

(A) An offense under sections 920 through 923a of title 10, United States Code (articles 120 through 123a of the Uniform Code of Military Justice).

(B) An offense under sections 925 through 927 of such title (articles 125 through 127 of the Uniform Code of Military Justice).

(C) An offense under sections 929 through 932 of such title (articles 129 through 132 of the Uniform Code of Military Justice).

(D) Any other offense under chapter 47 of such title (the Uniform Code of Military Justice) in which evidence of the general military character of the accused is not relevant to an element of an offense for which the accused has been charged.

(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

(F) A conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) as punishable under section 881 of such title (article 81 of the Uniform Code of Military Justice).

SEC. 546. Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial if requested by chief prosecutor.

Section 1744(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 981; 10 U.S.C. 834 note) is amended—

(1) by striking “(c)” and all that follows through “In any case where” and inserting the following:

“(c) Review of certain cases not referred to court-martial.—

“(1) CASES NOT REFERRED FOLLOWING STAFF JUDGE ADVOCATE RECOMMENDATION FOR REFERRAL FOR TRIAL.—In any case where”; and

(2) by adding at the end the following new paragraph:

“(2) CASES NOT REFERRED BY CONVENING AUTHORITY UPON REQUEST FOR REVIEW BY CHIEF PROSECUTOR.—

“(A) IN GENERAL.—In any case where a convening authority decides not to refer a charge of a sex-related offense to trial by court-martial and the chief prosecutor of the Armed Force concerned requests review of the decision, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority.

“(B) CHIEF PROSECUTOR DEFINED.—In this paragraph, the term ‘chief prosecutor’ means the chief prosecutor or equivalent position of an Armed Force, or, if an Armed Force does not have a chief prosecutor or equivalent position, such other trial counsel as shall be designated by the Judge Advocate General of that Armed Force, or in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps.”.

SEC. 547. Modification of Department of Defense policy on retention of evidence in a sexual assault case to permit return of personal property upon completion of related proceedings.

Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:

“(f) Return of personal property upon completion of related proceedings.—Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident.”.

SEC. 548. Inclusion of information on assaults in the Defense Sexual Assault Incident Database.

(a) Inclusion of information.—The Secretary of Defense shall issue policies and procedures for the inclusion of information about assaults in the Defense Sexual Assault Incident Database, or an alternate database selected by the Secretary, as identified in restricted reports and unrestricted reports of sexual assault by members of the Armed Forces.

(b) Information.—The information required by subsection (a) to be included in the database described in that subsection shall include the following:

(1) The name of the alleged assailant, if known.

(2) Identifying features of the alleged assailant.

(3) The date of the assault.

(4) The location of the assault.

(5) Information on the means or method used by the alleged assailant to commit the assault.

(c) Access.—

(1) IN GENERAL.—The policies and procedures issued under subsection (a) shall specify the categories of individuals who shall have access to information including pursuant to that subsection in the database described in that subsection.

(2) INFORMATION DERIVED FROM RESTRICTED REPORTS.—With respect to information so included is derived from restricted reports, the policies and procedures shall—

(A) restrict access to such information to military criminal investigators; and

(B) prohibit any disclosure of such information to the public.

SEC. 549. Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system.

(a) Revisions of article 32 and article 60, Uniform Code of Military Justice.—

(1) EXPLICIT AUTHORITY FOR CONVENING AUTHORITY TO TAKE ACTION ON FINDINGS OF A COURT-MARTIAL WITH RESPECT TO A QUALIFYING OFFENSE.—Paragraph (3) of subsection (c) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act of 2014 (Public Law 113–66; 127 Stat. 955), is amended—

(A) in subparagraph (A), by inserting “and may be taken only with respect to a qualifying offense” after “is not required”; and

(B) in subparagraph (B)—

(i) by striking “not” in clauses (i) and (ii); and

(ii) by striking “, other than a charge or specification for a qualifying offense,” and inserting “for a qualifying offense” in clauses (i) and (ii).

(2) CLARIFICATION OF APPLICABILITY OF REQUIREMENT FOR EXPLANATION IN WRITING FOR MODIFICATION TO FINDINGS OF A COURT-MARTIAL.—Subparagraph (C) of such paragraph is amended by striking “(other than a qualifying offense)”.

(3) VICTIM SUBMISSION OF MATTERS FOR CONSIDERATION BY CONVENING AUTHORITY DURING CLEMENCY PHASE OF COURTS-MARTIAL PROCESS.—

(A) CLARIFICATION OF DEADLINE.—Paragraph (2)(A) of subsection (d) of such section (article), as added by section 1706(a) of the National Defense Authorization Act of Fiscal Year 2014 (127 Stat. 960), is amended—

(i) in clause (i), by inserting “, if applicable” after “(article 54(e))”; and

(ii) in clause (ii), by striking “if applicable,”.

(B) CONFORMING DEFINITION OF VICTIM WITH OTHER DEFINITIONS OF VICTIM IN NDAA FOR FISCAL YEAR 2014.—Paragraph (5) of such subsection, as added by section 1706(a) of the National Defense Authorization Act of Fiscal Year 2014, is amended by striking “loss” and inserting “harm”.

(4) RESTORATION OF WAIVER OF ARTICLE 32 HEARINGS BY THE ACCUSED.—

(A) IN GENERAL.—Section 832(a)(1) of such title (article 32(a)(1) of the Uniform Code of Military Justice), as amended by section 1702(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 954), is amended by inserting “, unless such hearing is waived by the accused” after “preliminary hearing”.

(B) CONFORMING AMENDMENT.—Section 834(a)(2) of such title (article 34(a)(2) of the Uniform Code of Military Justice), as amended by section 1702(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 957), is amended by inserting “(if there is such a report)” after “a preliminary hearing under section 832 of this title (article 32)”.

(5) NON-APPLICABILITY OF PROHIBITION ON PRE-TRIAL AGREEMENTS FOR CERTAIN OFFENSES WITH MANDATORY MINIMUM SENTENCES.—Section 860(c)(4)(C)(ii) of such title (article 60(c)(4)(C)(ii) of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 955), is amended by inserting “pursuant to section 856(b) of this title (article 56(b))” after “applies”.

(6) EFFECTIVE DATES.—

(A) ARTICLE 32 AMENDMENTS AND RELATED AMENDMENTS.—The amendments made paragraph (4) shall take effect on the later of—

(i) the date of the enactment of this Act; or

(ii) December 26, 2014, in which case the amendment made by paragraph (4)(A) shall be made immediately after the amendment made by section 1702(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 954).

(B) ARTICLE 60 AMENDMENTS.—

(i) IMMEDIATE EFFECT.—The amendments made by paragraph (3) shall take effect on the date of the enactment of this Act.

(ii) DELAYED EFFECT.—The amendments made by paragraphs (1), (2), and (5) shall take effect on the later of—

(I) the date of the enactment of this Act; or

(II) June 26, 2014, in which case such amendments shall be made immediately after the amendment made by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 955).

(b) Defense counsel interview of victim of an alleged sex-related offense.—

(1) REQUESTS TO INTERVIEW VICTIM THROUGH COUNSEL.—Paragraph (1) of section 846(b) of title 10, United States Code (article 46(b) of the Uniform Code of Military Justice), as amended by section 1704 of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 958), is amended by striking “through trial counsel” and inserting “through the Special Victims’ Counsel or other counsel for the victim, if applicable”.

(2) CORRECTION OF REFERENCES TO TRIAL COUNSEL.—Such section is further amended by striking “trial counsel” each place it appears and inserting “counsel for the Government”.

(3) CORRECTION OF REFERENCES TO DEFENSE COUNSEL.—Such section is further amended—

(A) in the heading, by striking “Defense counsel” and inserting “Counsel for accused”; and

(B) by striking “defense counsel” each place it appears and inserting “counsel for the accused”.

(c) Special Victims’ Counsel for victims of sex-related offenses.—

(1) CLARIFICATION OF LEGAL ASSISTANCE AUTHORIZED WITH REGARD TO POTENTIAL CIVIL LITIGATION AGAINST THE UNITED STATES.—Subsection (b)(4) of section 1044e of title 10, United States Code, as added by section 1716(a) of the National Defense Authorization Act for Fiscal Year 2013 (127 Stat. 966), is amended by striking “the Department of Defense” and inserting “the United States”.

(2) ADDITION OF OMITTED REFERENCE TO STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.—Subsection (d)(2) of such section is amended by inserting “, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps” after “employed”.

(3) CORRECTION OF INCORRECT REFERENCE TO SECRETARY OF DEFENSE.—Subsection (e)(1) of such section is amended by inserting “concerned” after “jurisdiction of the Secretary”.

(d) Repeal of offense of consensual sodomy under the Uniform Code of Military Justice.—

(1) CLARIFICATION OF DEFINITION OF FORCIBLE SODOMY.—Section 925(a) of title 10, United States Code (article 125(a) of the Uniform Code of Military Justice), as amended by section 1707 of the National Defense Authorization Act of Fiscal Year 2014 (127 Stat. 961), is amended by striking “force” and inserting “unlawful force”.

(2) CONFORMING AMENDMENTS.—

(A) Section 843(b)(2)(B) of such title (article 43(b)(2)(B) of the Uniform Code of Military Justice) is amended—

(i) in clause (iii), by striking “Sodomy” and inserting “Forcible sodomy”; and

(ii) in clause (v), by striking “sodomy” and inserting “forcible sodomy”.

(B) Section 918(4) of such title (article 118(4) of the Uniform Code of Military Justice) is amended by striking “sodomy” and inserting “forcible sodomy”.

(e) Clarification of scope of prospective members of the Armed Forces for purposes of inappropriate and prohibited relationships.—Section 1741(e)(2) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 977; 10 U.S.C. prec. 501 note) is amended by inserting “who is pursing or has recently pursued becoming a member of the Armed Forces and” after “a person”.

(f) Extension of crime victims’ rights to victims of offenses under the Uniform Code of Military Justice.—

(1) CLARIFICATION OF LIMITATION ON DEFINITION OF VICTIM TO NATURAL PERSONS.—Subsection (b) of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by section 1701 of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 952), is amended by striking “a person” and inserting “an individual”.

(2) CLARIFICATION OF AUTHORITY TO APPOINT INDIVIDUALS TO ASSUME RIGHTS OF CERTAIN VICTIMS.—Subsection (c) of such section is amended—

(A) in the heading, by striking “legal guardian” and inserting “appointment of individuals to assume rights”;

(B) by inserting “(who is not a member of the armed forces)” after “under 18 years of age”;

(C) by striking “designate a legal guardian from among the representatives” and inserting “designate a representative”;

(D) by striking “other suitable person” and inserting “another suitable individual”; and

(E) by striking “the person” and inserting “the individual”.

SEC. 550. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies.

(a) Military service academies.—The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950), as amended by the provisions of this subtitle, and the provisions and amendments of this subtitle, apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable.

(b) Coast Guard Academy.—The Secretary of Homeland Security shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014, as amended by the provisions of this subtitle, and the provisions and amendments of this subtitle, apply to the Coast Guard Academy.

SEC. 551. Analysis and assessment of disposition of most serious offenses identified in unrestricted reports on sexual assaults in annual reports on sexual assaults in the Armed Forces.

(a) Submittal to Secretary of Defense of information on each Armed Force.—Subsection (b) of section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at the end the following new paragraph:

“(11) An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the Armed Force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the Armed Forces, including the numbers of reports identifying offenses that were disposed of by each of the following:

“(A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted.

“(B) Acquittal of all charges at court-martial.

“(C) Non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).

“(D) Administrative action, including by each type of administrative action imposed.

“(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred.”.

(b) Secretary of Defense assessment of information in reports to Congress.—Subsection (d) of such section is amended—

(1) in paragraph (1), by striking “and” at the end;

(2) by redesignating paragraph (2) as paragraph (3);

(3) by inserting after paragraph (1) the following new paragraph (2):

“(2) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and”; and

(4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting “other” before “assessments”.

(c) Application of amendments.—The amendments made by this section shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2015, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

SEC. 552. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

(a) In general.—The Secretary of Defense shall establish and maintain within the Department of Defense an advisory committee to be known as the “Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces” (in this section referred to as the “Advisory Committee”).

(b) Membership.—The Advisory Committee shall consist of not more than 20 members, appointed by the President from among individuals (other than members of the Armed Forces) who have experience with the investigation, prosecution, and defense of allegations of sexual assault offenses (such as Federal and State prosecutors, judges, law professors, and private attorneys).

(c) Duties.—

(1) IN GENERAL.—The Advisory Committee shall advise the Secretary of Defense on the investigation, prosecution, and defense of allegations of rape, forcible sodomy, sexual assault, and other sexual misconduct in the Armed Forces.

(2) BASIS FOR PROVISION OF ADVICE.—For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall, on an ongoing basis—

(A) select a representative sample of cases involving allegations of rape, forcible sodomy, sexual assault, and other sexual misconduct in the Armed Forces; and

(B) for each case so selected, review the following:

(i) The criminal investigation reports (including reports of investigations that did not substantiate the alleged offense).

(ii) The report on the preliminary hearing conducted pursuant to section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice).

(iii) Any recommendations of Staff Judge Advocates and the initial disposition authority on the disposition of such case.

(iv) The findings and sentences of the court-martial, if any, or any non-judicial punishment imposed pursuant to section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).

(v) Any legal reviews that recommended that such case not be referred for prosecution.

(d) Annual reports.—Not later than January 31 each year, the Advisory Committee shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on the results of the activities of the Advisory Committee pursuant to this section during the preceding year.

(e) Termination.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Committee pursuant to subsection (a).

(2) CONTINUATION.—The Secretary of Defense may continue the Advisory Committee after the date otherwise provided for the termination of the Advisory Committee under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee, the Secretary shall submit to the President, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on that determination, together with the date through which the Secretary will continue the Advisory Committee.

SEC. 553. Collaboration between the Department of Defense and the Department of Justice in efforts to prevent and respond to sexual assault.

(a) Strategic framework on collaboration required.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly develop a strategic framework for ongoing collaboration between the Department of Defense and the Department of Justice in their efforts to prevent and respond to sexual assault. The framework shall be based on and include the following:

(1) An assessment of the role of the Department of Justice in investigations and prosecutions of sexual assault cases in which the Department of Defense and the Department of Justice have concurrent jurisdiction, with the assessment to include a review of and list of recommended revisions to relevant Memoranda of Understanding and related documents between the Department of Justice and the Department of Defense.

(2) An assessment of the need for, and if a need exists the feasibility of, establishing the position of advisor on military sexual assaults within the Department of Justice (using existing Department resources and personnel) to assist in the activities required under paragraph (1) and provide to the Department of Defense investigative and other assistance in sexual assault cases occurring on domestic and overseas military installations over which the Department of Defense has primary jurisdiction, with the assessment to address the necessity and feasibility of maintaining representatives or designees of the advisor at military installations for the purpose of reviewing cases of sexual assault and providing assistance with the investigation and prosecution of sexual assaults.

(3) An assessment of the number of sexual assault cases that have occurred on military installations in which no perpetrator has been identified, and a plan, with appropriate benchmarks, to review those cases using currently available civilian and military law enforcement resources, such as new technology and forensics information.

(4) A strategy to leverage efforts by the Department of Defense and the Department of Justice—

(A) to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention regarding sexual assault; and

(B) to identify and address social conditions that relate to sexual assault.

(5) Mechanisms to promote sharing of information and best practices between the Department of Defense and the Department of Justice on prevention and response to sexual assault, including victim assistance through the Violence against Women Act and Office for Victims of Crime programs of the Department of Justice.

(b) Report.—The Secretary of Defense and the Attorney General shall jointly submit to the appropriate committees of Congress a report on the framework required by subsection (a). The report shall—

(1) describe the manner in which the Department of Defense and Department of Justice will collaborate on an ongoing basis under the framework;

(2) explain obstacles to implementing the framework; and

(3) identify changes in laws necessary to achieve the purpose of this section.

(c) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—

(1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and

(2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives.

SEC. 554. Modification of term of judges of the United States Court of Appeals for the Armed Forces.

(a) Modification of terms.—Section 942(b)(2) of title 10, United States Code, is amended–

(1) in subparagraph (A)—

(A) by striking “March 31” and inserting “January 31”;

(B) by striking “October 1” and inserting “July 31”; and

(C) by striking “September 30” and inserting “July 31”; and

(2) in subparagraph (B)—

(A) by striking “September 30” each place it appears and inserting “July 31”; and

(B) by striking “April 1” and inserting “February 1”.

(b) Saving provision.—No person who is serving as a judge of the court on the date of the enactment of this Act, and no survivor of any such person, shall be deprived of any annuity provided by section 945 of title 10, United States Code, by the operation of the amendments made by subsection (a).

SEC. 555. Report on review of Office of Diversity Management and Equal Opportunity role in sexual harassment cases.

Section 1735 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 976) is amended by adding at the end the following new subsection:

“(d) Report.—Not later than 180 days after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the review conducted under subsection (a).”.

SEC. 556. Repeal of obsolete requirement to develop comprehensive management plan to address deficiencies in data captured in the Defense Incident-Based Reporting System.

Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4218; 10 U.S.C. 1562 note) is amended—

(1) by striking paragraph (1); and

(2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.

subtitle FDecorations and Award

SEC. 561. Medals for members of the Armed Forces and civilian employees of the Department of Defense who were killed or wounded in an attack by a foreign terrorist organization.

(a) Purple Heart.—

(1) AWARD.—

(A) IN GENERAL.—Chapter 57 of title 10, United States Code, is amended by inserting after section 1129 the following new section:

§ 1129a. Purple Heart: members killed or wounded in attacks by foreign terrorist organizations

“(a) In general.—For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded as a result of an international terrorist attack against the United States.

“(b) Covered members.— (1) A member described in this subsection is a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in circumstances where the death or wound is the result of an attack targeted on the member due to such member's status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member.

“(2) For purposes of this section, an attack by an individual or entity shall be considered to be an attack by a foreign terrorist organization if—

“(A) the individual or entity was in communication with the foreign terrorist organization before the attack; and

“(B) the attack was inspired or motivated by the foreign terrorist organization.

“(c) Foreign terrorist organization defined.—In this section, the term ‘foreign terrorist organization’ means an entity designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 of such title is amended by inserting after the item relating to section 1129 the following new item:


“1129a. Purple Heart: members killed or wounded in attacks by foreign terrorist organizations.”.

(2) RETROACTIVE EFFECTIVE DATE AND APPLICATION.—

(A) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect as of September 11, 2001.

(B) REVIEW OF CERTAIN PREVIOUS INCIDENTS.—The Secretaries concerned shall undertake a review of each death or wounding of a member of the Armed Forces that occurred between September 11, 2001, and the date of the enactment of this Act under circumstances that could qualify as being the result of an attack described in section 1129a of title 10, United States Code (as added by paragraph (1)), to determine whether the death or wounding qualifies as a death or wounding resulting from an attack by a foreign terrorist organization for purposes of the award of the Purple Heart pursuant to such section (as so added).

(C) ACTIONS FOLLOWING REVIEW.—If the death or wounding of a member of the Armed Forces reviewed under subparagraph (B) is determined to qualify as a death or wounding resulting from an attack by a foreign terrorist organization as described in section 1129a of title 10, United States Code (as so added), the Secretary concerned shall take appropriate action under such section to award the Purple Heart to the member.

(D) SECRETARY CONCERNED DEFINED.—In this paragraph, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

(b) Secretary of Defense Medal for the Defense of Freedom.—

(1) REVIEW OF THE NOVEMBER 5, 2009, ATTACK AT FORT HOOD, TEXAS.—If the Secretary concerned determines, after a review under subsection (a)(2)(B) regarding the attack that occurred at Fort Hood, Texas, on November 5, 2009, that the death or wounding of any member of the Armed Forces in that attack qualified as a death or wounding resulting from an attack by a foreign terrorist organization as described in section 1129a of title 10, United States Code (as added by subsection (a)), the Secretary of Defense shall make a determination as to whether the death or wounding of any civilian employee of the Department of Defense or civilian contractor in the same attack meets the eligibility criteria for the award of the Secretary of Defense Medal for the Defense of Freedom.

(2) AWARD.—If the Secretary of Defense determines under paragraph (1) that the death or wounding of any civilian employee of the Department of Defense or civilian contractor in the attack that occurred at Fort Hood, Texas, on November 5, 2009, meets the eligibility criteria for the award of the Secretary of Defense Medal for the Defense of Freedom, the Secretary shall take appropriate action to award the Secretary of Defense Medal for the Defense of Freedom to the employee or contractor.

subtitle GDefense Dependents' Education and Military Family Readiness Matters

SEC. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2015 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 572. Impact aid for children with severe disabilities.

Of the amount authorized to be appropriated for fiscal year 2015 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 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–77; 20 U.S.C. 7703a).

SEC. 573. Amendments to the Impact Aid Improvement Act of 2012.

Section 563(c) of National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 6301 note) is amended—

(1) in paragraph (1), by striking “2-year” and inserting “5-year”; and

(2) in paragraph (4), by striking “2-year” and inserting “5-year”.

SEC. 574. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School system.

Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting “or a local national who teaches a host nation language course” after “who is a citizen of the United States”.

SEC. 575. Inclusion of domestic dependent elementary and secondary schools among functions of Advisory Council on Dependents' Education.

(a) In general.—Subsection (c) of section 1411 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 929) is amended—

(1) in paragraph (1), by inserting “, and of the domestic dependent elementary and secondary school system established under section 2164 of title 10, United States Code,” after “of the defense dependents’ education system”; and

(2) in paragraph (2), by inserting “and in the domestic dependent elementary and secondary school system” before the comma at the end.

(b) Membership of council.—Subsection (a)(1)(B) of such section is amended—

(1) by inserting “and the domestic dependent elementary and secondary schools established under section 2164 of title 10, United States Code” after “the defense dependents’ education system”; and

(2) by inserting “either” before “such system”.

SEC. 576. Department of Defense suicide prevention programs for military dependents.

(a) Programs required.—As soon as practicable after the date of the enactment of this Act, the Secretary of Defense shall direct the Secretary of each military department to develop and implement a program to track, retain, and analyze information on deaths that are reported as suicides involving dependents of members of the regular and reserve components of the Armed Forces under the jurisdiction of such Secretary.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the programs developed and implemented by the Secretaries of the military departments pursuant to subsection (a). The report shall include a description of each such program and the assessment of the Secretary of the Defense of such program.

(c) Dependent defined.—In this section, the term “dependent” means a person described in section 1072(2) of title 10, United States Code.

subtitle HOther Matters

SEC. 581. Enhancement of authority to accept support for Air Force Academy athletic programs.

Section 9362 of title 10, United States Code, is amended by striking subsections (e), (f), and (g) and inserting the following new subsections:

“(e) Acceptance of support.—

“(1) SUPPORT RECEIVED FROM THE CORPORATION.—Notwithstanding section 1342 of title 31, the Secretary of the Air Force may accept from the corporation funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

“(2) FUNDS RECEIVED FROM OTHER SOURCES.—The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy.

“(3) LIMITATIONS.—The Secretary shall ensure that contributions accepted under this subsection do not—

“(A) reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or

“(B) compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.

“(f) Leases and licenses.—

“(1) IN GENERAL.—The Secretary of the Air Force may, in accordance with section 2667 of this title, enter into leases or licenses with the corporation for the purpose of supporting the athletic programs of the Academy. Consideration provided under such a lease or license may be provided in the form of funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

“(2) SUPPORT SERVICES.—The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this paragraph, the term ‘support services’ includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property. Any such support services may only be provided without any liability of the United States to the corporation.

“(g) Contracts and cooperative agreements.—The Secretary of the Air Force may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property, services, or travel for the direct benefit or use of the athletic programs of the Academy.

“(h) Trademarks and service marks.—

“(1) LICENSING, MARKETING, AND SPONSORSHIP AGREEMENTS.—An agreement under subsection (g) may, consistent with section 2260 (other than subsection (d)) of this title, authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Air Force.

“(2) LIMITATIONS.—No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—

“(A) such agreement would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or

“(B) the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.

“(i) Retention and use of funds.—Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.”.

TITLE VICompensation and Other Personnel Benefits

subtitle APay and Allowances

SEC. 601. Fiscal year 2015 increase in military basic pay.

(a) Waiver of section 1009 adjustment.—The adjustment to become effective during fiscal year 2015 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b) Increase in basic pay.—Effective on January 1, 2015, the rates of monthly basic pay for members of the uniformed services are increased by 1 percent for enlisted member pay grades, warrant officer pay grades, and commissioned officer pay grades below pay grade O–7.

(c) Application of Executive Schedule Level II ceiling on payable rates for general and flag officers.—Section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 during calendar year 2015 by using the rate of pay for level II of the Executive Schedule in effect during 2014.

SEC. 602. Inclusion of Chief of the National Guard Bureau and Senior Enlisted Advisor to the Chief of the National Guard Bureau among senior members of the Armed Forces for purposes of pay and allowances.

(a) Basic pay rate equal treatment of Chief of the National Guard Bureau and Senior Enlisted Advisor to the Chief of the National Guard Bureau.—

(1) CHIEF OF THE NATIONAL GUARD BUREAU.—The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall be the same as the rate of basic pay for the officers specified in Footnote 2 of the table entitled “commissioned officers” in section 601(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 37 U.S.C. 1009 note), regardless of cumulative years of service computed under section 205 of title 37, United States Code.

(2) SENIOR ENLISTED ADVISOR TO THE CHIEF OF THE NATIONAL GUARD BUREAU.—

(A) IN GENERAL.—Subsection (a)(1) of section 685 of the National Defense Authorization Act for Fiscal Year 2006 (37 U.S.C. 205 note) is amended by inserting “or as Senior Enlisted Advisor to the Chief of the National Guard Bureau” after “Chairman of the Joint Chiefs of Staff”.

(B) CLERICAL AMENDMENT.—The heading of such section is amended by inserting “and for the Chief of the National Guard Bureau” after “Chairman of the Joint Chiefs of Staff”.

(b) Pay during terminal leave and while hospitalized.—Section 210 of title 37, United States Code, is amended—

(1) in subsection (a), by inserting “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “that armed force” the first place it appears; and

(2) in subsection (c), by striking paragraph (6).

(c) Personal money allowance.—Section 414 of title 37, United States Code, is amended—

(1) in subsection (a)(5), by striking “or Commandant of the Coast Guard” and inserting “Commandant of the Coast Guard, or Chief of the National Guard Bureau”; and

(2) in subsection (c), by striking “or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff” and inserting “the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or the Senior Enlisted Advisor to the Chief of the National Guard Bureau”.

(d) Retired base pay.—Section 1406(i) of title 10, United States Code, is amended—

(1) in the subsection heading, by inserting “Chief of the National Guard Bureau,” after “Chiefs of Service,”;

(2) in paragraph (1)—

(A) by inserting “as Chief of the National Guard Bureau,” after “Chief of Service,”; and

(B) by inserting “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an armed force”; and

(3) in paragraph (3)(B), by striking clause (vi).

(e) Effective date.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to months of service that begin on or after that date.

SEC. 603. Modification of computation of basic allowance for housing inside the United States.

Paragraph (3) of section 403(b) of title 37, United States Code, is amended to read as follows:

“(3) (A) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between—

“(i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and

“(ii) the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member.

“(B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed 5 percent.”.

SEC. 604. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2014” and inserting “December 31, 2015”.

subtitle BBonuses and Special and Incentive Pays

SEC. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps.

(8) Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.

(9) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

SEC. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

(a) Title 10 authorities.—The following sections of title 10, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(b) Title 37 authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

(1) Section 302c-1(f), relating to accession and retention bonuses for psychologists.

(2) Section 302d(a)(1), relating to accession bonus for registered nurses.

(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5) Section 302h(a)(1), relating to accession bonus for dental officers.

(6) Section 302j(a), relating to accession bonus for pharmacy officers.

(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

SEC. 613. One-year extension of special pay and bonus authorities for nuclear officers.

The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2) Section 312b(c), relating to nuclear career accession bonus.

(3) Section 312c(d), relating to nuclear career annual incentive bonus.

SEC. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

(1) Section 331(h), relating to general bonus authority for enlisted members.

(2) Section 332(g), relating to general bonus authority for officers.

(3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6) Section 351(h), relating to hazardous duty pay.

(7) Section 352(g), relating to assignment pay or special duty pay.

(8) Section 353(i), relating to skill incentive pay or proficiency bonus.

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

SEC. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

(1) Section 301b(a), relating to aviation officer retention bonus.

(2) Section 307a(g), relating to assignment incentive pay.

(3) Section 308(g), relating to reenlistment bonus for active members.

(4) Section 309(e), relating to enlistment bonus.

(5) Section 316a(g), relating to foreign language proficiency incentive pay.

(6) Section 324(g), relating to accession bonus for new officers in critical skills.

(7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(8) Section 327(h), relating to incentive bonus for transfer between Armed Forces.

(9) Section 330(f), relating to accession bonus for officer candidates.

subtitle CDisability Pay, Retired Pay, and Survivor Benefits

SEC. 621. Inapplicability of reduced annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 who first become members prior to January 1, 2016.

Subparagraph (G) of section 1401a(b)(4) of title 10, United States Code, as added by section 403(a) of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1186)) and amended by section 10001 of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76; 128 Stat. 151) and section 2 of Public Law 113–82 (128 Stat. 1009), is further amended by striking “January 1, 2014” and inserting “January 1, 2016”.

SEC. 622. Modification of determination of retired pay base for officers retired in general and flag officer grades.

Section 1407a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “In a case” and inserting “Except as otherwise provided in this section, in a case”; and

(B) by inserting “during the period described in subsection (b)” after “for any period”;

(2) by redesignating subsection (b) as subsection (d); and

(3) by inserting after subsection (a) the following new subsections:

“(b) Period covered by determination using rates of basic pay.—The period described in this subsection is the period beginning on October 1, 2006, and ending on the last day of the first month beginning on or after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015.

“(c) Retired pay base for officers retiring after December 31, 2014, who first became members before September 8, 1980.—In the case of a covered general or flag officer who first became a member of the armed forces before September 8, 1980, and retires from the armed forces after December 31, 2014, the retired pay base shall be whichever is greater of the following:

“(1) The retired pay base determined by applicable law at the time of the member's retirement (including the inapplicability of subsection (a) to the determination of the retired pay base by reason of subsection (b)).

“(2) A retired pay base determined as if—

“(A) the monthly basic pay of the member was the rate of monthly basic provided by law for the member's permanent grade as of December 31, 2014 (without reduction under section 203(a)(2) of title 37); and

“(B) the member's retired grade was the member's permanent grade as of December 31, 2014.”.

SEC. 623. Modification of per-fiscal year calculation of days of certain active duty or active service to reduce eligibility age for retirement for non-regular service.

Section 12731(f)(2)(A) of title 10, United States Code, is amended by inserting “or in any two consecutive fiscal years after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015,” after “in any fiscal year after such date,”.

SEC. 624. Earlier determination of dependent status with respect to transitional compensation for dependents of certain members separated for dependent abuse.

Section 1059(d)(4) of title 10, United States Code, is amended by striking “as of the date on which the individual described in subsection (b) is separated from active duty” and inserting “as of the date on which the separation action is initiated by a commander of the individual described in subsection (b)”.

SEC. 625. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support.

(a) Special needs trust as eligible beneficiary.—

(1) IN GENERAL.—Subsection (a) of section 1450 of title 10, United States Code, is amended—

(A) by redesignating paragraph (4) as paragraph (5); and

(B) by inserting after paragraph (3) the following new paragraph (4):

“(4) SPECIAL NEEDS TRUSTS FOR SOLE BENEFIT OF CERTAIN DEPENDENT CHILDREN.—Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-support because of mental or physical incapacity.”.

(2) CONFORMING AMENDMENTS.—

(A) Subsection (i) of such section is amended by inserting “(a)(4) or” after “subsection”.

(B) Section 1448 of such title is amended—

(i) in subsection (d)(2)—

(I) in subparagraph (A), by striking “section 1450(a)(2)” and inserting “subsection (a)(2) or (a)(4) of section 1450”; and

(II) in subparagraph (B), by striking “section 1450(a)(3)” and inserting “subsection (a)(3) or (a)(4) of section 1450”; and

(ii) in subsection (f)(2), by inserting “, or to special needs trust pursuant to section 1450(a)(4) of this title,” after “dependent child”.

(b) Regulations.—Section 1455(d) of such title is amended—

(1) in the subsection caption, by striking “and fiduciaries” and inserting “, fiduciaries, and special needs trusts”;

(2) in paragraph (1)—

(A) in subparagraph (A), by striking “and” at the end;

(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following new subparagraph:

“(C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)).”;

(3) in paragraph (2)—

(A) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively;

(B) by inserting after subparagraph (B) the following new subparagraph (C):

“(C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant.”;

(C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, by striking “subparagraphs (D) and (E)” and inserting “subparagraphs (E) and (F)”; and

(D) in subparagraph (H), as so redesignated—

(i) by inserting “or (1)(C)” after “paragraph (1)(B)” in the matter preceding clause (i);

(ii) in clause (i), by striking “and” at the end;

(iii) in clause (ii), by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the following new clause:

“(iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established.”; and

(4) in paragraph (3), by striking “or fiduciary” in the paragraph caption and inserting “, fiduciary, or trust”.

subtitle DCommissary and Nonappropriated Fund Instrumentality Benefits and Operations

SEC. 631. Procurement of brand-name and other commercial items for resale by commissary stores.

Section 2484(f) of title 10, United States Code, is amended—

(1) in the subsection heading by striking “brand-Name”;

(2) by striking “may not use” and inserting “may use”; and

(3) by striking “regarding the procurement” and all that follows and inserting “for the procurement of any commercial item (including brand-name and generic items) for resale in, at, or by commissary stores.”.

TITLE VIIHealth Care Provisions

subtitle ATRICARE Program

SEC. 701. Annual mental health assessments for members of the Armed Forces.

(a) Mental health assessments.—

(1) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section:

§ 1074n. Annual mental health assessments for members of the armed forces

“(a) Mental health assessments.—Subject to subsection (d), not less frequently than once each calendar year, the Secretary of Defense shall provide a person-to-person mental health assessment for—

“(1) each member of a regular component of the armed forces; and

“(2) each member of the Selected Reserve of an armed force.

“(b) Purpose.—The purpose of a mental health assessment provided pursuant to this section shall be to identify mental health conditions among members of the armed forces in order to determine which such members are in need of additional care, treatment, or other services for such health conditions.

“(c) Elements.—The mental health assessments provided pursuant to this section shall—

“(1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and

“(2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.

“(d) Sufficiency of other mental health assessments.— (1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title.

“(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.

“(e) Reports.— (1) Not less frequently than once each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the annual mental health assessments of members of the armed forces conducted pursuant to this section.

“(2) Each report required by paragraph (1) shall include, with respect to assessments conducted pursuant to this section during the one-year period preceding the date of the submittal of such report, the following:

“(A) A description of the tools and processes used to provide such assessments, including—

“(i) whether such tools and processes are evidenced-based; and

“(ii) the process by which such tools and processes have been approved for use in providing mental health assessments.

“(B) Such recommendations for improving the tools and processes used to conduct such assessments, including tools that may address the underreporting of mental health conditions, as the Secretary considers appropriate.

“(C) Such recommendations as the Secretary considers appropriate for improving the monitoring and reporting of the number of members of the armed forces—

“(i) who receive such assessments;

“(ii) who are referred for care based on such assessments; and

“(iii) who receive care based on such referrals.

“(3) No personally identifiable information may be included in any report under paragraph (1).

“(f) Privacy matters.—Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.

“(g) Regulations.—The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074m the following new item:


“1074n. Annual mental health assessments for members of the armed forces.”.

(3) IMPLEMENTATION.—Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(g) of title 10, United States Code, as added by paragraph (1) of this subsection, the Secretary of Defense shall implement such regulations.

(b) Conforming amendment.—Section 1074m(e)(1) of such title is amended by inserting “and section 1074n of this title” after “pursuant to this section”.

SEC. 702. Modifications of cost-sharing and other requirements for the TRICARE Pharmacy Benefits Program.

(a) Availability of pharmaceutical agents through national mail-order pharmacy program.—Paragraph (5) of section 1074g(a) of title 10, United States Code, is amended—

(1) by striking “at least one of the means described in paragraph (2)(E)” and inserting “the national mail-order pharmacy program”; and

(2) by striking “may include” and all that follows through the end of the paragraph and inserting “shall include cost-sharing by the eligible covered beneficiary as specified in paragraph (6).”.

(b) Cost-sharing amounts.—Paragraph (6) of such section is amended to read as follows:

“(6) (A) In the case of any of the years 2015 through 2024, the cost-sharing amounts under this subsection shall be determined in accordance with the following table:


“For: The cost-sharing amount for 30-day supply of a retail generic is: The cost-sharing amount for 30-day supply of a retail formulary is: The cost-sharing amount for a 90-day supply of a mail order generic is: The cost-sharing amount for a 90-day supply of a mail order formulary is: The cost-sharing amount for a 90-day supply of a mail order non-formulary is:
2015 $5 $26 $0 $26 $51
2016 $6 $28 $0 $28 $54
2017 $7 $30 $0 $30 $58
2018 $8 $32 $0 $32 $62
2019 $9 $34 $9 $34 $66
2020 $10 $36 $10 $36 $70
2021 $11 $38 $11 $38 $75
2022 $12 $40 $12 $40 $80
2023 $13 $43 $13 $43 $85
2024 $14 $45 $14 $45 $90

“(B) There shall be no cost-sharing amounts under this subsection for prescription medications filled by military treatment facility pharmacies.

“(C) For any year after 2024, the cost-sharing amounts under this subsection shall be equal to the cost-sharing amounts for the previous year adjusted by an amount, if any, determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar.

“(D) Notwithstanding subparagraphs (A) and (C), the cost-sharing amounts under this subsection for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost-sharing amounts, if any, for 2014.”.

(c) Refills of prescription maintenance medications through military treatment facility pharmacies or national mail order pharmacy program.—Such section is further amended by adding at the end the following new paragraph:

“(9) (A) The pharmacy benefits program shall require eligible covered beneficiaries generally to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program.

“(B) The Secretary shall determine the maintenance medications subject to the requirement under subparagraph (A). The Secretary shall ensure that—

“(i) such medications are generally available to eligible covered beneficiaries through retail pharmacies only for an initial filling of a 30-day or less supply; and

“(ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program.

“(C) The Secretary may exempt the following prescription maintenance medications from the requirement of subparagraph (A):

“(i) Medications that are for acute care needs.

“(ii) Such other medications as the Secretary determines appropriate.”.

SEC. 703. Parity in provision of inpatient mental health services with other inpatient medical services.

(a) Termination of inpatient day limits in provision of mental health services.—Section 1079 of title 10, United States Code, is amended—

(1) in subsection (a), by striking paragraph (6); and

(2) by striking subsection (i).

(b) Waiver of nonavailability statement for mental health services.—Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 1073 note) is amended by striking “(other than mental health services)”.

SEC. 704. Availability of breastfeeding support, supplies, and counseling under the TRICARE program.

Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.”.

SEC. 705. Authority for provisional TRICARE coverage for emerging health care products and services.

Section 1073 of title 10, United States Code, is amended by adding after subsection (b) the following new subsection:

“(c) Provisional coverage for emerging products and services.— (1) The Secretary of Defense is authorized to provide provisional coverage or authorization of coverage under this chapter for health care products and services that have not been demonstrated to be safe and effective under this chapter as medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction but have been demonstrated to the satisfaction of the Secretary to be likely safe and effective health care products or services.

“(2) In making a determination authorized by paragraph (1), the Secretary may consider—

“(A) clinical trials published in refereed medical literature;

“(B) formal technology assessments;

“(C) national medical policy organization positions;

“(D) national professional associations;

“(E) national expert opinion organizations; and

“(F) such other trustworthy evidence as the Secretary considers appropriate.

“(3) In making a determination under paragraph (1), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies of Sciences or such other independent entity as the Secretary shall select.

“(4) (A) Provisional coverage under paragraph (1) for a product or service may be in effect not longer than five years, but may be terminated at any time before that time.

“(B) Prior to the expiration of provisional coverage or authorization of coverage of a product or service pursuant to subparagraph (A), the Secretary shall determine the coverage or authorization of coverage, if any, that will follow coverage or authorization of coverage of such product or service, and take appropriate action to implement such determination. If implementation of such determinations requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action.

“(5) Prompt public notice shall be provided for each product or service that receives an affirmative provisional coverage or authorization of coverage determination under paragraph (1) along with all terms and conditions associated with the determination. The public notice shall be through the website of the TRICARE program accessible by the public.

“(6) All determinations under this subsection to provide, decline to provide, terminate, establish or disestablish terms and conditions, or take any other action shall be approved by the Assistant Secretary of Defense for Health Affairs based on professional medical judgment. Such determinations and actions are committed to agency discretion and are conclusive.”.

SEC. 706. Report on status of reductions in TRICARE Prime service areas.

(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 Services of the Senate and the House of Representatives a report on the status of the reduction of TRICARE Prime service areas conducted by the Department of Defense.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) A description of the implementation of the transition for eligible beneficiaries under the TRICARE program (other than eligible beneficiaries on active duty in the Armed Forces) who no longer have access to TRICARE Prime under TRICARE managed care contracts as of the date of the report, including the following:

(A) The number of eligible beneficiaries who have transitioned from TRICARE Prime to the TRICARE Standard option of the TRICARE program since October 1, 2013.

(B) The number of eligible beneficiaries who transferred their TRICARE Prime enrollment to a more distant available Prime service area to remain in TRICARE Prime, by State.

(C) The number of eligible beneficiaries who were eligible to transfer to a more distant available Prime service area, but chose to use TRICARE Standard.

(D) The number of eligible beneficiaries who elected to return to TRICARE Prime.

(2) An estimate of the increased annual costs per eligible beneficiary described in paragraph (1) incurred by such beneficiary for healthcare under the TRICARE program.

(3) A description of the plans of the Department to assess the impact on access to healthcare and beneficiary satisfaction for eligible beneficiaries described in paragraph (1).

SEC. 707. Repeal of requirement for ongoing Comptroller General of the United States reviews of viability of TRICARE Standard and TRICARE Extra.

Section 711 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 1073 note) is amended—

(1) by striking subsection (b); and

(2) by redesignating subsection (c) as subsection (b).

subtitle BHealth Care Administration

SEC. 721. Department of Defense Medicare-Eligible Retiree Health Care Fund matters.

(a) Reenactment and modification of superseded authorities and requirements on payments into Fund.—Section 1116 of title 10, United States Code, is amended to read as follows:

§ 1116. Payments into the Fund

“(a) The Secretary of Defense shall pay into the Fund at the end of each month as the Department of Defense contribution to the Fund for that month the amount that, subject to subsections (b) and (c), is the sum of the following:

“(1) The product of—

“(A) the monthly dollar amount determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1115(c)(1)(A) of this title (except that any statutory change in the uniformed services retiree health care programs for medicare-eligible beneficiaries that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and

“(B) the total end strength for that month for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard duty for training only).

“(2) The product of—

“(A) the level monthly dollar amount determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1115(c)(1)(B) of this title (except that any statutory change in the uniformed services retiree health care programs for medicare-eligible beneficiaries that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and

“(B) the total end strength for that month for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense other than members on full-time National Guard duty (other than for training) who are not otherwise described in paragraph (1)(B).

“(b) (1) If during a month a statute is enacted that will have a significant effect on the amounts calculated for purposes of subsection (a), the Secretary of Defense may recalculate the amount payable under subsection (a) for months in the fiscal year of such enactment that begin after such enactment taking into account the effect of such change on the calculation of amounts so payable. Any such recalculation in a fiscal year shall apply to amounts payable under subsection (a) for months in such fiscal year beginning after the change triggering the recalculation.

“(2) The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on any recalculation carried out by the Secretary under this subsection, including the effect of such recalculation on amounts payable under subsection (a) for months in the fiscal year concerned beginning after such recalculation.

“(c) If an actuarial valuation referred to in paragraph (1) or (2) of subsection (a) has been calculated as a separate single level dollar amount for a participating uniformed service under section 1115(c)(1) of this title, the administering Secretary for the department in which such uniformed service is operating shall calculate the amount under such paragraph separately for such uniformed service. If the administering Secretary is not the Secretary of Defense, the administering Secretary shall notify the Secretary of Defense of the amount so calculated. To determine a single amount for the purpose of paragraph (1) or (2) of subsection (a), as the case may be, the Secretary of Defense shall aggregate the amount calculated under this subsection for a uniformed service for the purpose of such paragraph with the amount or amounts calculated (whether separately or otherwise) for the other uniformed services for the purpose of such paragraph.

“(d) (1) At the beginning of each fiscal year the Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury the amount certified to the Secretary by the Secretary of Defense under paragraph (3). Such payment shall be the contribution to the Fund for that fiscal year required by sections 1115(a) and 1115(c) of this title.

“(2) At the beginning of each fiscal year the Secretary of Defense shall determine the sum of the following:

“(A) The amount of the payment for that year under the amortization schedule determined by the Board of Actuaries under section 1115(a) of this title for the amortization of the original unfunded liability of the Fund.

“(B) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(2) of this title for the amortization of any cumulative unfunded liability (or any gain) to the Fund resulting from changes in benefits.

“(C) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(3) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial assumption changes.

“(D) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(4) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial experience.

“(3) The Secretary of Defense shall promptly certify the amount determined under paragraph (2) each year to the Secretary of the Treasury.

“(e) Amounts paid into the Fund under subsection (a) shall be paid from funds available for the pay of members of the participating uniformed services under the jurisdiction of the respective administering Secretaries.”.

(b) Conforming amendments.—Such title is further amended as follows:

(1) In section 1111(c), by striking “under section 1115(b)” and all that follows and inserting “under section 1116 of this title, and such administering Secretary may make such contributions.”.

(2) In section 1113(f), by inserting “of this title” after “section 1111(c)”.

(3) In section 1115—

(A) in subsection (a), by striking “section 1116 of this title” and inserting “section 1116(d) of this title”;

(B) by striking subsection (b) and inserting the following new subsection (b):

“(b) (1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section 1116(a) of this title. That amount shall be the sum of the following:

“(A) The product of—

“(i) the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(A) at the time of the next actuarial valuation under subsection (c); and

“(ii) the expected average force strength during that fiscal year for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title.

“(B) The product of—

“(i) the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(B) at the time of the next actuarial valuation under subsection (c); and

“(ii) the expected average force strength during that fiscal year for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense who are not otherwise described in subparagraph (A)(ii).

“(2) The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service) for that fiscal year for payments to be made to the Fund during that year under section 1116(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 of title 31. The President may comment and make recommendations concerning any such amount.”; and

(C) in subsection (c)—

(i) in the flush matter following paragraph (1), by inserting “and section 1116(a) of this title” after “subsection (b)”; and

(ii) in paragraph (5), by striking “section 1116” and inserting “section 1116(d)”.

(c) Effective date and applicability.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to payments made into the Department of Defense Medicare-Eligible Retiree Health Care Fund under chapter 56 of title 10, United States Code (as so amended), for fiscal years beginning after fiscal year 2015.

SEC. 722. Extension of authority for Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund.

Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573) is amended by striking “September 30, 2015” and inserting “September 30, 2016”.

SEC. 723. Department of Defense-wide strategy for contracting for health care professionals for the Department of Defense.

(a) Strategy required.—The Secretary of Defense shall develop a Department of Defense-wide strategy for contracting for health care professionals for the Department of Defense.

(b) Elements.—The strategy required by subsection (a) shall include the following:

(1) A statement of the responsibilities of each military department and the Defense Health Agency under the strategy.

(2) Mechanisms to consolidate requirements in order to create efficiencies and reduce costs.

(3) Metrics to evaluate the success of the strategy in achieving its objectives, including metrics to assess the effects of the strategy on the timeliness of beneficiary access to professional health care services in military medical treatment facilities.

(4) Such other matters as the Secretary considers appropriate.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the strategy developed under subsection (a). The report shall set forth the strategy and include such other matters with respect to the strategy as the Secretary considers appropriate.

SEC. 724. Program on medication management in the Department of Defense.

(a) Program required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a program of comprehensive, uniform medication management in military medical treatment facilities.

(b) Elements.—The program required by subsection (a) shall include the following:

(1) An identification of the risks associated with administration and management of medications (including prescription opioid medications), including accidental and intentional overdoses, under-medication and over-medication, and adverse interactions among multiple medications.

(2) Evidence-based best practices for medication management in military medical treatment facilities, including integration of comprehensive medication management best practices in patient-centered medical homes.

(3) Evidence-based best practices to mitigate medication management risks and to ensure patient compliance with medication regimens.

(4) Evidence-based best practices for medication reconciliation to reduce medication errors.

(5) Various mechanisms for safe and effective collection and disposal of unwanted and unnecessary prescription medications.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a description of the program commenced under subsection (a).

subtitle CReports and Other Matters

SEC. 731. Report on military family planning programs of the Department of Defense.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a comprehensive study of access to methods of contraception approved by the Food and Drug Administration, contraception counseling, and related education for all members of the Armed Forces and military dependents provided healthcare through the Department of Defense.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) A description and assessment of the extent to which all approved methods of contraception are available to members of the Armed Forces and military dependents provided healthcare through the Department of Defense.

(2) A list of current Department programs, including programs of the Armed Forces, that provide comprehensive contraception counseling and education to members of the Armed Forces and military dependents, including for each such program, the following:

(A) A detailed description of such program, including its intended audience.

(B) Any current evaluations of such program.

(3) A description and assessment of current Department programs, including programs of the Armed Forces, that provide contraception counseling and education to members of the Armed Forces and military dependents, including an assessment of the following:

(A) The extent to which contraception counseling and education is available for members of the Armed Forces and military dependents under such programs during annual healthcare exams, before deployment, during deployment, and on return from deployment.

(B) The extent to which confidential contraception counseling and education is available for members of the Armed Forces and military dependents under such programs, including the locations at which such counseling and education is offered, the healthcare professionals responsible for providing such counseling and education, and the frequency with which members and dependents may access such counseling and education.

(C) The extent to which contraception counseling and education for members of the Armed Forces and military dependents under such programs includes discussions of the unique physical environment in which a member of the Armed Forces serves and the impact of such environment on decisions related to contraception.

(D) The extent to which healthcare providers (including general practitioners) who provide healthcare for female members of the Armed Forces and military dependents through the Department provide the most current evidence-based standards of care with respect to methods of contraception.

(4) A description and assessment of the manner and extent to which the Department disseminates to healthcare providers who provide healthcare for female members of the Armed Forces and military dependents through the Department clinical decision support tools that reflect the most current evidence-based standards of care with respect to methods of contraception and counseling on methods of contraception, as established by health agencies and professional organizations such as the following:

(A) The United States Preventive Services Task Force within the Department of Health and Human Services.

(B) The Agency for Healthcare Research and Quality of the Department of Health and Human Services.

(C) The Centers for Disease Control and Prevention.

(D) The American College of Obstetricians and Gynecologists.

(E) The Association of Reproductive Health Professionals.

(F) The American Academy of Pediatrics.

(G) The American Academy of Family Physicians.

(5) Such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the availability of, access to, and quality of methods of contraception, contraception counseling, and related education for all members of the Armed Forces and military dependents provided healthcare through the Department of Defense.

(c) Consultation.—In preparing the report required by subsection (a), the Secretary may consult with experts on women’s health and family planning from both within and outside the Armed Forces, including the following:

(1) The Health Resources and Services Administration of the Department of Health and Human Services.

(2) The Centers for Disease Control.

(3) The American College of Obstetricians and Gynecologists.

SEC. 732. Interagency working group on the provision of mental health services to members of the National Guard and the Reserves.

(a) Establishment.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, the Assistant Secretary of Defense for Reserve Affairs, the Assistant Secretary of Defense for Health Affairs, the Chief of the National Guard Bureau, the Secretary of Veterans Affairs, and the Secretary of Health and Human Services, convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves.

(b) Duties.—The duties of the interagency working group convened pursuant to subsection (a) are as follows:

(1) To review existing programs that can be used to improve the provision of accessible, timely, and high-quality mental health services to members of the National Guard and the Reserves.

(2) To recommend new interagency programs and partnerships to improve the provision of such mental health services to such members.

(3) To recommend best practices for partnerships among the Armed Forces, the National Guard, the Department of Veterans Affairs, the Department of Health and Human Services, States, and private and academic entities to improve the provision of mental health care to members of the members of the National Guard and the Reserves.

(c) Consultation.—In carrying out the duties under subsection (b), the interagency working group may consult with representatives of academia, industry, and such other relevant agencies, organizations, and institutions as the interagency working group considers appropriate.

(d) Report.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report that includes the findings and recommendations of the interagency working group.

(2) APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term “appropriate committees of Congress” means—

(A) the congressional defense committees;

(B) the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(C) the Committee on Veterans' Affairs and the Committee on Energy and Commerce of the House of Representatives.

(e) Privacy matters.—

(1) IN GENERAL.—Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.

(2) EXCLUSION OF PERSONALLY IDENTIFIABLE INFORMATION FROM REPORTS.—No personally identifiable information may be included in any report required by subsection (d).

SEC. 733. Report on improvements in the identification and treatment of mental health conditions and traumatic brain injury among members of the Armed Forces.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an evaluation of specific tools, processes, and best practices to improve the identification of and treatment by the Armed Forces of mental health conditions and traumatic brain injury among members of the Armed Forces.

(b) Elements.—The report under subsection (a) shall include the following:

(1) An evaluation of existing peer-to-peer identification and intervention programs in each of the Armed Forces.

(2) An evaluation of the Star Behavioral Health Providers program and similar programs that provide training and certification to health care providers that treat mental health conditions and traumatic brain injury in members of the Armed Forces.

(3) An evaluation of programs and services provided by the Armed Forces that provide training and certification to providers of cognitive rehabilitation and other rehabilitation for traumatic brain injury to members of the Armed Forces.

(4) An evaluation of programs and services provided by the Armed Forces that assist members of the Armed Forces and family members affected by suicides among members of the Armed Forces.

(5) An evaluation of tools and processes used by the Armed Forces to identify traumatic brain injury in members of the Armed Forces and to distinguish mental health conditions likely caused by traumatic brain injury from mental health conditions caused by other factors.

(6) An evaluation of the unified effort of the Armed Forces to promote mental health and prevent suicide through the integration of clinical and non-clinical programs of the Armed Forces.

(7) Recommendations with respect to improving, consolidating, expanding, and standardizing the programs, services, tools, processes, and efforts described in paragraphs (1) through (6).

(8) A description of existing efforts to reduce the time from development and testing of new mental health and traumatic brain injury tools and treatments for members of the Armed Forces to widespread dissemination of such tools and treatments among the Armed Forces.

(9) Recommendations as to the feasibility and advisability of establishing preliminary mental health assessments and pre-discharge mental health assessments for members of the Armed Forces, including the utility of using tools and processes in such mental health assessments that conform to those used in other mental health assessments provided to members of the Armed Forces.

(10) Recommendations on how to track changes in the mental health assessment of a member of the Armed Forces relating to traumatic brain injury, post-traumatic stress disorder, depression, anxiety, and other conditions.

(11) A description of the methodology used by the Secretary in preparing the report required by this section, including a description of the input provided by the entity and individuals consulted pursuant to subsection (c).

(c) Consultation.—In carrying out this section, the Secretary of Defense may consult with the following:

(1) An advisory council composed of—

(A) behavioral health officers of the Public Health Service; and

(B) mental health and other health providers who serve members of the regular and reserve components of each Armed Force.

(2) The Assistant Secretary of Defense for Health Affairs.

(3) The Assistant Secretary of Defense for Reserve Affairs.

(4) The Secretaries of the military departments.

(5) The Chief of the National Guard Bureau.

(6) The Secretary of Veterans Affairs.

(7) The Secretary of Health and Human Services.

(8) The Director of the Centers for Disease Control and Prevention.

(9) The Administrator of the Substance Abuse and Mental Health Services Administration.

(10) The Director of the National Institutes of Health.

(11) The President of the Institute of Medicine.

(d) Privacy matters.—

(1) IN GENERAL.—Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.

(2) EXCLUSION OF PERSONALLY IDENTIFIABLE INFORMATION FROM REPORTS.—No personally identifiable information may be included in any report required by subsection (a).

(e) Definitions.—In this section:

(1) PRELIMINARY MENTAL HEALTH ASSESSMENT.—The term “preliminary mental health assessment” means a mental health assessment conducted with respect to an individual before the individual enlists in the Armed Forces or is commissioned as an officer in the Armed Forces.

(2) PRE-DISCHARGE MENTAL HEALTH ASSESSMENT.—The term “pre-discharge mental health assessment” means a mental health assessment conducted with respect to an individual during the 90-day period preceding the date of discharge or release of the individual from the Armed Forces.

SEC. 734. Report on implementation of recommendations of Institute of Medicine on improvements to certain resilience and prevention programs of the Department of Defense.

(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 Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of implementing the recommendations of the Institute of Medicine (IOM) regarding improvements to programs of the Department of Defense intended to strengthen mental, emotional, and behavioral abilities associated with managing adversity, adapting to change, recovering, and learning in connection with service in the Armed Forces.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) The Department’s assessment of the report’s findings and recommendations.

(2) The Department’s actions taken to implement recommendations in the report.

(3) For any recommendations not implemented, the rationale for not implementing those recommendations in the report.

SEC. 735. Report on Department of Defense support of members of the Armed Forces who experience traumatic injury as a result of vaccinations required by the Department.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a comprehensive review (conducted for purposes of the report) of the adequacy and effectiveness of the policies, procedures, and systems of the Department of Defense in providing support to members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) The number and nature of traumatic injuries incurred by members of the Armed Forces as a result of a vaccination required by the Department of Defense each year since January 1, 2001, set forth by aggregate in each year and by military department in each year.

(2) Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems (including tracking systems) of the Department to identify members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department.

(3) Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems of the Department to support members of the Armed Forces who experience traumatic injury as a result of the administration of a vaccination required by the Department.

SEC. 736. Comptroller General of the United States report on Military Health System Modernization Study of the Department of Defense.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Military Health System Modernization Study of the Department of Defense.

(b) Elements.—The report required by subsection (a) shall include the following with respect to the Military Health System Modernization Study:

(1) An assessment of the methodology used by the Secretary of Defense to conduct the study.

(2) An assessment of the analysis made by the Secretary to inform decisions regarding the modernization of the military health system in the study.

(3) An assessment of the extent to which the Secretary evaluated in the study the impact on the access of eligible beneficiaries to quality health care, and satisfaction with such care, of the following changes in the study in military medical treatment facilities:

(A) Changes in facility infrastructure.

(B) Changes in staffing levels of professionals.

(C) Changes in inpatient, ambulatory surgery, and specialty care capacity and capabilities.

(4) An assessment of the extent to which the Secretary evaluated in the study how any reduced inpatient, ambulatory surgery, or specialty care capacity and capabilities at military medical facilities covered by the study would impact timely access to care for eligible beneficiaries at local civilian community hospitals within reasonable driving distances of the catchment areas of such facilities.

(5) An assessment of the extent to which the Secretary consulted in conducting the study with community hospitals in locations covered by the study to determine their capacities for additional inpatient and ambulatory surgery patients and their capabilities to meet additional demands for specialty care services.

(6) An assessment of the extent to which the Secretary considered in the study the impact the change in the structure or alignment of military medical treatment facilities covered by the study would have on timely access by local civilian populations to inpatient, ambulatory surgery, or specialty care services if additional eligible beneficiaries also sought access to such services from the same providers.

(7) An assessment of the impact of the elimination of health care services at military medical treatment facilities covered by the study on civilians employed at such facilities.

(c) Eligible beneficiaries defined.—In this section, the term “eligible beneficiaries” means individuals who are eligible for health care and services through the military health care system.

TITLE VIIIAcquisition Policy, Acquisition Management, and Related matters

subtitle AAcquisition policy and management

SEC. 801. Open systems approach to acquisition of systems containing information technology.

(a) Open systems approach requirement.—

(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), each Major Defense Acquisition Program and Major Automated Information System, and each other acquisition program the primary purpose of which is the acquisition of an information technology system, that enters concept development after January 1, 2016, shall use an open systems approach in development to achieve agility, rapid capability enhancement, interoperability, increased competition, and lower costs over the life cycle of the program.

(2) CASE-BY-CASE EXCEPTION BASED ON COSTS AND PRACTICALITY.—The requirement under paragraph (1) shall not apply to an acquisition program if a business case analysis conducted at a point in development where there is sufficient design information to conduct an independent life-cycle cost estimate demonstrates that an open systems approach is more expensive or is not practically achievable.

(3) GENERAL EXCEPTIONS.—

(A) COMMERCIAL OFF-THE-SHELF ITEMS AND SYSTEMS.—The requirement under paragraph (1) does not apply to acquisition programs that consist primarily of commercial off-the-shelf (COTS) end items and systems or modified COTS systems.

(B) URGENT OR EMERGENT OPERATIONAL NEED STATEMENTS.—Systems acquired pursuant to urgent or emergent operational need statements shall not be subject to the requirement in paragraph (1) unless a decision is made to transition the program to a program of record. In the event of such a transition, a business case analysis shall be conducted to consider the life-cycle costs of the program and determine whether to migrate the system to an open systems architecture.

(b) Actions required.—Not later than January 1, 2016, the Secretary of Defense shall take the following actions:

(1) Identify computing environments within the Department of Defense that are sufficiently distinct to justify the development of specific Technical Reference Architectures and associated standards necessary to support an open systems approach to the development of systems utilizing those computing environments.

(2) Identify each mission and functional domain within the Department of Defense that is sufficiently distinct to justify the development of domain-specific services and associated standards necessary to support an open systems approach to the development of systems that will operate in that mission or functional domain.

(3) Pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104–113; 110 Stat. 783; 15 U.S.C. 272 note) and Office of Management and Budget Circular Number A–119, form or use voluntary, consensus-based standards bodies to establish the standards required for each of the Technical Reference Architectures and each set of domain-specific services to support open systems approaches.

(4) Ensure, in carrying out the actions set forth in paragraphs (1) through (3), that there are not duplicative or competing Technical Reference Architectures, domain-specific services, or standards or standards bodies related to such architectures and services across the Department of Defense.

(c) Guidelines for business case analyses.—Not later than July 1, 2015, the Director of Cost Assessment and Program Evaluation shall issue guidelines for business case analyses as they apply to decisions regarding the adoption of an open systems approach, including requirements for comparative life-cycle costs and opportunities for competition and capability upgrades.

(d) Treatment of ongoing and legacy programs.—Not later than November 1, 2015, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report—

(1) identifying all closed systems that are in development, production, or deployed status as of January 1, 2016, that are or were Major Defense Acquisition Programs or Major Automated Information Systems;

(2) outlining a process for establishing the priority of migrating each such system and program to an open system; and

(3) including a schedule to review the top half of the prioritized list, conduct a business case analysis on each program, and develop plans where appropriate to migrate such programs to an open system within 10 years.

(e) Definitions.—In this section:

(1) DOMAIN-SPECIFIC SERVICES.—The term “domain-specific services” means the decomposition of functions and operations in specific mission domains into common services that systems operating in those domains would utilize.

(2) INFORMATION TECHNOLOGY.—The term “information technology” has the meaning given the term in section 11101(6) of title 40, United States Code.

(3) OPEN SYSTEMS APPROACH.—The term “open systems approach” means an integrated business and technical strategy that—

(A) employs a modular design, and uses widely supported and consensus-based standards for its key interfaces;

(B) is subjected to successful validation and verification tests to ensure the openness of its key interfaces; and

(C) uses an open system architecture allowing components to be added, modified, replaced, removed, or supported by different vendors throughout a program's life-cycle in order to afford opportunities for enhanced competition and innovation while yielding significant cost and schedule savings and increased interoperability.

(4) TECHNICAL REFERENCE ARCHITECTURE.—The term “Technical Reference Architecture” means a system architecture template for a particular computing environment that provides a common vocabulary for implementations to promote consistency and commonality of interfaces and interactions between architectural layers.

SEC. 802. Recharacterization of changes to Major Automated Information System programs.

(a) Addition to covered determination of a significant change.—Subsection (c)(2) of section 2445c of title 10, United States Code, is amended—

(1) in subparagraph (B), by striking “; or” and inserting a semicolon;

(2) in subparagraph (C), by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following new subparagraph:

“(D) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest).”.

(b) Removal of covered determination of a critical change.—Subsection (d)(3) of such section is amended—

(1) by striking subparagraph (A); and

(2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively.

SEC. 803. Process map requirement for milestone approval of defense business system programs.

Not later than 90 days after the date of the enactment of this Act, Department of Defense guidance implementing section 2222 of title 10, United States Code, shall be modified to ensure that in the case of any Major Automated Information System program subject to such section, the business process re-engineering efforts required by subsection (a)(1)(A) of such section provide for defined process maps of the current process using legacy systems and the new business process supported by the new defense business system.

SEC. 804. Governance of Joint Information Environment.

(a) Governance structure.—

(1) ASSIGNMENT OF COORDINATOR.— (A) The Secretary of Defense shall assign a senior military or civilian official to serve as the assistant to the Chief Information Officer of the Department of Defense and Coordinator of the Joint Information Environment of the Department (in this section referred to as the “Coordinator”).

(B) In assigning an individual to serve as the assistant to the Chief Information Officer and as the Coordinator, the Secretary shall select from among individuals who have significant expertise in the following:

(i) Information technology planning and program management.

(ii) Command and control at the Joint Force level.

(iii) The United States Cyber Command’s concept of operations for operating and defending information systems and networks.

(C) The Chief Information Officer shall assign the Coordinator with lead responsibility for the following:

(i) Balancing priorities and risks between efficient network acquisition and operation, effective execution of military missions through a network, and effective network defense.

(ii) Defining the elements and aspects of the current information architecture in the Department of Defense that are critical for the transition to the desired Joint Information Environment end state.

(iii) Developing the desired architecture for the Joint Information Environment to an appropriate level of detail.

(iv) Developing and updating an integrated master schedule for migrating to the Joint Information Environment, with milestones and critical dependencies.

(v) In conjunction with the Director of Cost Assessment and Program Evaluation, developing and updating cost estimates and performance measures for the Joint Information Environment.

(vi) Tracking compliance with, and deviations from, objectives, schedule, and costs of the Joint Information Environment.

(vii) Identifying gaps in plans and budgets of components of the Department of Defense that relate to the Joint Information Environment and identifying requirements for development and procurement to address those gaps.

(viii) Developing and verifying achievement of open systems architectures for major warfighting missions of the Department similar to the Defense Intelligence Information Environment architecture developed under the auspices of the Under Secretary of Defense for Intelligence for the intelligence mission of the Department.

(2) ESTABLISHMENT OF TEAM OF EXPERTS.— (A) The Coordinator shall establish a team of experts to provide advice and assistance to the Coordinator in carrying out the responsibilities of the Coordinator.

(B) The Chief Information Officer, the commanders of the combatant commands, and the heads of the cyber components of the military departments shall assist the Coordinator by making available to the Coordinator experts who have operational experience in or with the following:

(i) The office of the Chief Information Officer of the Department or an office of a chief information officer of a military department.

(ii) Joint planning and operations at a combatant command.

(iii) The United States Cyber Command or a cyber component of a military department.

(iv) Technical aspects of information technology acquisition and cloud computing.

(3) EXPANSION OF EXECUTIVE COMMITTEE.— (A) The Executive Committee of the Joint Information Environment shall include the Director for Operations (commonly referred to as the “J3”) of the Joint Staff and the Director for Operations of the United States Cyber Command.

(B) The Executive Committee of the Joint Information Environment shall ensure that working groups within the Executive Committee include representatives from the operational communities responsible for executing military missions.

(4) SUPPORT BY MILITARY DEPARTMENTS AND AGENCIES.—The head of each military department and defense agency shall assign an official to support the Coordinator and to align component plans and budgets with the objectives and schedules of the Joint Information Environment.

(b) Selection of standard language for representing and communicating cyber event and threat data.—Not later than June 1, 2015, the Chief Information Officer shall select a standard language for representing and communicating cyber event and threat data that is machine-readable for the Joint Information Environment from among open source candidates.

(c) Assessment of applications used by Department of Defense and estimate of time-phased cloud computing workload of Department of Defense.—

(1) ASSESSMENT OF APPLICATIONS.—As part of the Department's cloud computing migration strategy under the Joint Information Environment, the Chief Information Officer of the Department shall identify and prioritize the applications in use in the Department that should be considered for migration to a cloud computing environment and determine the following:

(A) Whether each of the applications used by the Department can be readily ported to a cloud computing environment.

(B) If an application used by the Department cannot be readily ported to a cloud computing environment, the cost and time required to enable, either by modification or replacement, the operation of the application in a cloud computing environment.

(C) Whether it would be cost-effective to enable, either by modification or replacement, the operation of an application described in subparagraph (B) in a cloud computing environment.

(D) A list of applications used by the Department that should be enabled, either by modification or replacement, to operate in a cloud computing environment, listed in the order of priority by which they should be enabled, and a schedule for such modification or replacement.

(2) ESTIMATE.—The Chief Information Officer shall use the assessment conducted under paragraph (1) to develop an estimate of the time-phased cloud computing workload of the Department for the purpose of—

(A) informing the Department’s cloud computing strategy under the Joint Information Environment initiative; and

(B) to assist commercial cloud computing providers to develop business proposals for the Department.

SEC. 805. Report on implementation of acquisition process for information technology systems.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology and Logistics shall submit to the congressional defense committees a report on the implementation of the acquisition process for information technology systems required by section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402; 10 U.S.C. 2225 note).

(b) Elements.—The report required under subsection (a) shall, at a minimum, include the following elements:

(1) The applicable regulations, instructions, or policies implementing the acquisition process.

(2) An explanation for any criteria not yet implemented.

(3) A schedule for the implementation of any criteria not yet implemented.

(4) An explanation for any proposed deviation from the criteria.

(5) Identification of any categories of information technology acquisitions to which this acquisition process will not apply.

(6) Recommendations for any legislation that may be required to implement the remaining criteria of this acquisition process.

SEC. 806. Revision of requirement for acquisition programs to maintain defense research facility records.

Section 2364 of title 10, United State Code, is amended—

(1) in subsection (b)—

(A) in paragraph (3), by striking the semicolon at the end and inserting “; and”;

(B) in paragraph (4)—

(i) by striking “prepared by Defense research facilities are readily available to all combatant commands” and inserting “prepared by Defense research facilities, including technology issue papers and technological assessments relating to major weapon systems, are readily available to Department of Defense components”; and

(ii) by striking “; and” and inserting a period; and

(C) by striking paragraph (5); and

(2) in subsection (c)—

(A) by striking “this section:” and all that follows through “(1) The term” and inserting “this section, the term”;

(B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving such paragraphs, as so redesignated, 2 ems to the left; and

(C) by striking paragraph (2).

SEC. 807. Rapid acquisition and deployment procedures for United States Special Operations Command.

(a) Requirement to establish procedures.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe procedures for the rapid acquisition and deployment of items for the United States Special Operations Command that are currently under development by the Department of Defense or available from the commercial sector and are—

(1) urgently needed to react to an enemy threat or to respond to significant and urgent safety situations;

(2) needed to avoid significant risk of loss of life or mission failure; or

(3) needed to avoid collateral damage risk where the absence of collateral damage is a requirement for mission success.

(b) Issues to be addressed.—The procedures prescribed under subsection (a) shall include the following:

(1) A process for streamlined communication between the Commander of the United States Special Operations Command, and the acquisition and research and development communities, including—

(A) a process for the Commander to communicate needs to the acquisition community and the research and development community; and

(B) a process for the acquisition community and the research and development community to propose items that meet the needs communicated by the Commander.

(2) Procedures for demonstrating, rapidly acquiring, and deploying items proposed pursuant to paragraph (1)(B), including—

(A) a process for demonstrating performance and evaluation for current operational purposes the existing capability of an item;

(B) a process for developing an acquisition and funding strategy for the deployment of an item; and

(C) a process for making deployment determinations based on information obtained pursuant to subparagraphs (A) and (B).

(c) Testing requirement.—

(1) IN GENERAL.—The process for demonstrating performance and evaluating for current operational purposes the existing capability of an item prescribed under subsection (b)(2)(A) shall include—

(A) an operational assessment in accordance with expedited procedures prescribed by the Director of Operational Testing and Evaluation; and

(B) a requirement to provide information to the deployment decision-making authority about any deficiency of the item in meeting the original requirements for the item (as stated in an operational requirements document or similar document).

(2) DEFICIENCY NOT A DETERMINING FACTOR.—The process may not include a requirement for any deficiency of an item to be the determining factor in deciding whether to deploy the item.

(d) Limitation.—The quantity of items of a system procured using the procedures prescribed pursuant to this section may not exceed the number established for low-rate initial production for the system. Any such items shall be counted for purposes of the number of items of the system that may be procured through low-rate initial production.

(e) Annual funding limitation.—Of the funds available to the Commander of the United States Special Operations Command in any given fiscal year, not more than $50,000,000 may be used to procure items under this section.

SEC. 808. Consideration of corrosion control in preliminary design review.

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall ensure that Department of Defense Instruction 5000.02 and other applicable guidance require full consideration during preliminary design review of metals, materials, and technologies that effectively prevent or control corrosion over the life cycle of the product.

SEC. 809. Repeal of extension of Comptroller General report on inventory.

Section 803(c) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402), as amended by section 951(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 839), is further amended by striking “2013, 2014, and 2015” and inserting “and 2013”.

subtitle BAmendments to General Contracting Authorities, Procedures, and Limitations

SEC. 821. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law.

(a) In general.—Subsection (i) of section 2306b of title 10, United States Code, is amended to read as follows:

“(i) Defense acquisitions specifically authorized by law.— (1) In the case of the Department of Defense, a multiyear contract in amount equal to or greater than $500,000,000 may not be entered into under this section unless the contract is specifically authorized by law in an Act other than an appropriations Act.

“(2) In submitting a request for a specific authorization by law to carry out a defense acquisition program using multiyear contract authority under this section, the Secretary shall include in the request a report containing preliminary findings of the agency head required in paragraphs (1) through (6) of subsection (a) together with the basis for such findings.

“(3) A multiyear contract may not be entered into under this section for a defense acquisition program that has been specifically authorized by law to be carried out using multiyear contract authority unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied:

“(A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

“(B) The Secretary's determination under subparagraph (A) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Analysis and such analysis supports the findings.

“(C) The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded.

“(D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.

“(E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.

“(F) The contract is a fixed price type contract.

“(G) The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities.

“(4) If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that substantial savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions.

“(5) (A) The Secretary may obligate funds for procurement of an end item under a multiyear contract for the purchase of property only for procurement of a complete and usable end item.

“(B) The Secretary may obligate funds appropriated for any fiscal year for advance procurement under a contract for the purchase of property only for the procurement of those long-lead items necessary in order to meet a planned delivery schedule for complete major end items that are programmed under the contract to be acquired with funds appropriated for a subsequent fiscal year (including an economic order quantity of such long-lead items when authorized by law).

“(6) The Secretary may make the certification under paragraph (3) notwithstanding the fact that one or more of the conditions of such certification are not met, if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification.

“(7) The Secretary may not delegate the authority to make the certification under paragraph (3) or the determination under paragraph (6) to an official below the level of Under Secretary of Defense for Acquisition, Technology, and Logistics.”.

(b) Conforming amendment.—Subsection (a)(7) of such section is amended by striking “subparagraphs (C) through (F) of paragraph (1) of subsection (i)” and inserting “subparagraphs (C) through (F) of subsection (i)(3)”.

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to requests for specific authorization by law to carry out defense acquisition programs using multiyear contract authority that are made on or after that date.

SEC. 822. Extension and modification of contract authority for advanced component development and prototype units and modification of authority.

Section 819 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2409; 10 U.S.C. 2302 note) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “advanced component development or prototype of technology” and inserting “advanced component development, prototype, or initial production of technology”; and

(B) in paragraph (2), by striking “delivery of initial or additional prototype items” and inserting “delivery of initial or additional items”; and

(2) in subsection (b)(4), by striking “September 30, 2014” and inserting “September 30, 2019”.

SEC. 823. Conditional temporary extension of comprehensive subcontracting plans.

Notwithstanding the termination date specified in subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C. 637 note), the test program authority provided under such section shall terminate on September 30, 2015, if the Under Secretary for Acquisition, Technology and Logistics certifies to the congressional defense committees not later than December 31, 2014, that—

(1) the Department of Defense will not be able to transition all participants in the test program to individual small business subcontracting plans that meet all relevant requirements contained in the Federal Acquisition Regulation before December 31, 2014; or

(2) participants transitioned to individual small business subcontracting plans do not enhance subcontracting opportunities for small business concerns.

SEC. 824. Sourcing requirements related to avoiding counterfeit electronic parts.

Section 818(c)(3) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1495; 10 U.S.C. 2302 note) is amended—

(1) in subparagraph (A)—

(A) by striking “, whenever possible,”;

(B) in clause (i)—

(i) by striking “trusted suppliers” and inserting “suppliers identified as trusted suppliers in accordance with regulations issued pursuant to subparagraphs (C) and (D)”; and

(ii) by striking “; and” and inserting a semicolon;

(C) in clause (ii), by striking “trusted suppliers;” and inserting “suppliers identified as trusted suppliers in accordance with the regulations issued pursuant to subparagraphs (C) and (D); and”; and

(D) by adding at the end the following new clause:

“(iii) obtain electronic parts from alternate suppliers when such parts are not available from original manufacturers, their authorized dealers, or trusted suppliers;”;

(2) in subparagraph (B)—

(A) by inserting “for” before “inspection”; and

(B) by striking “subparagraph (A)” and inserting “clause (i) or (ii) of subparagraph (A), when obtaining the electronic parts in accordance with such clauses is not possible”;

(3) in subparagraph (C), by striking “identify trusted suppliers that have appropriate policies” and inserting “identify as trusted suppliers those that have appropriate policies”; and

(4) in subparagraph (D), by striking “additional trusted suppliers” and inserting “their own identified trusted suppliers”.

SEC. 825. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records.

(a) Authority.—Section 2313(a)(1) of title 10, United States Code, is amended by inserting “, interview employees,” after “is authorized to inspect the plant”.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to contracts entered into after the date of the enactment of this Act.

(c) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the amendment made by subsection (a).

SEC. 826. Enhancement of whistleblower protection for employees of grantees.

Section 2409(a)(1) of title 10, United States Code, is amended by striking “or subcontractor” and inserting “, subcontractor, grantee, or subgrantee”.

SEC. 827. Prohibition on reimbursement of contractors for congressional investigations and inquiries.

Section 2324(e)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(Q) Costs incurred by a contractor in connection with a congressional investigation or inquiry into an issue that is the subject matter of a proceeding resulting in a disposition as described in subsection (k)(2).”.

SEC. 828. Enhanced authority to acquire certain products and services produced in Africa.

(a) Authority.—In the case of a product or service to be acquired in support of Department of Defense activities in a covered African country for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which—

(1) competition is limited to products or services that are from that country; or

(2) a preference is provided for products or services that are from that country.

(b) Determination.— (1) A determination described in this subsection is a determination by the Secretary of either of the following:

(A) That the product or service concerned is to be used only in support of activities described in subsection (a).

(B) That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is necessary—

(i) to reduce—

(I) United States transportation costs; or

(II) delivery times in support of activities described in subsection (a); or

(ii) to promote regional security, stability, and economic prosperity in Africa.

(2) A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect—

(A) United States military operations or stability operations in the United States Africa Command area of responsibility; or

(B) the United States industrial base.

(c) Limitation on cost preferences.—Preferences provided under subsection (a)(2) shall, to the maximum extent practicable, be other than cost evaluation factors. No cost preference provided under such subsection may be more than 15 percent.

(d) Products and services from a covered African country.—For the purpose of this section:

(1) A product is from a covered African country if it is mined, produced, or manufactured in that country.

(2) A service is from a covered African country if it is performed in that country by citizens or residents of that country.

(e) Covered African country defined.—In this section, the term “covered African country” means a country in Africa that has signed a long-term agreement with the United States related to basing or operational needs of the United States Armed Forces, as determined by the Secretary of Defense.

SEC. 829. Requirement to provide photovoltaic devices from United States sources.

(a) Contract requirement.—The Secretary of Defense shall ensure that each covered contract includes a provision requiring that any photovoltaic devices installed under the contract be manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, unless the head of the department or independent establishment concerned determines, on a case-by-case basis, that the inclusion of such requirement is inconsistent with the public interest or involves unreasonable costs, subject to exceptions provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law.

(b) Definitions.—In this section:

(1) COVERED CONTRACT.—The term “covered contract” means a contract awarded by the Department of Defense that provides for a photovoltaic device to be—

(A) installed inside the United States on Department of Defense property or in a facility owned by the Department of Defense; or

(B) reserved for the exclusive use of the Department of Defense in the United States for the full economic life of the device.

(2) PHOTOVOLTAIC DEVICES.—The term “photovoltaic device” means devices that convert light directly into electricity through a solid-stats, semiconductor process.

subtitle CProvisions relating to major defense acquisition programs

SEC. 841. Program manager development strategy.

(a) Strategy.—The Secretary of Defense shall develop a comprehensive strategy for enhancing the role of Department of Defense program managers in developing and carrying out defense acquisition programs.

(b) Matters to be addressed.—The strategy required by this section shall address, at a minimum—

(1) enhanced training and educational opportunities for program managers;

(2) increased emphasis on the mentoring of current and future program managers by experienced senior executives and program managers within the Department;

(3) improved career paths and career opportunities for program managers;

(4) additional incentives for the recruitment and retention of highly qualified individuals to serve as program managers;

(5) improved resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) for program managers;

(6) improved means of collecting and disseminating best practices and lessons learned to enhance program management across the Department;

(7) common templates and tools to support improved data gathering and analysis for program management and oversight purposes;

(8) increased accountability of program managers for the results of defense acquisition programs; and

(9) enhanced monetary and nonmonetary awards for successful accomplishment of program objectives by program managers.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy developed under subsection (a).

SEC. 842. Tenure and accountability of program managers for program development periods.

(a) Revised guidance required.—Not later than 180 days after date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense guidance for defense acquisition programs to address the tenure and accountability of program managers for the program development period of defense acquisition programs.

(b) Program development period.—For the purpose of this section, the term “program development period” refers to the period before a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program).

(c) Responsibilities.—The revised guidance required by subsection (a) shall provide that the program manager for the program development period of a defense acquisition program is responsible for—

(1) bringing to maturity the technologies and manufacturing processes that will be needed to carry out the program;

(2) ensuring continuing focus during program development on meeting stated mission requirements and other requirements of the Department of Defense;

(3) making trade-offs between program cost, schedule, and performance for the life-cycle of the program;

(4) developing a business case for the program; and

(5) ensuring that appropriate information is available to the milestone decision authority to make a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program), including information necessary to make the certification required by section 2366a of title 10, United States Code.

(d) Qualifications, resources, and tenure.—The Secretary of Defense shall ensure that each program manager for the program development period of a defense acquisition program—

(1) has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c);

(2) is provided the resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) needed to meet such responsibilities; and

(3) is assigned to the program manager position for such program until such time as such program is ready for a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program).

SEC. 843. Tenure and accountability of program managers for program execution periods.

(a) Revised guidance required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense guidance for defense acquisition programs to address the tenure and accountability of program managers for the program execution period of defense acquisition programs.

(b) Program execution period.—For purposes of this section, the term “program execution period” refers to the period after Milestone B approval (or Key Decision Point B approval in the case of a space program).

(c) Responsibilities.—The revised guidance required by subsection (a) shall—

(1) require the program manager for the program execution period of a defense acquisition program to enter into a performance agreement with the milestone decision authority for such program within six months of assignment, that—

(A) establishes expected parameters for the cost, schedule, and performance of the program consistent with the business case for the program;

(B) provides the commitment of the milestone decision authority to provide the level of funding and resources required to meet such parameters; and

(C) provides the assurance of the program manager that such parameters are achievable and that the program manager will be accountable for meeting such parameters; and

(2) provide the program manager with the authority to—

(A) veto the addition of new program requirements that would be inconsistent with the parameters established in the performance agreement entered into pursuant to paragraph (1), subject to the authority of the Under Secretary of Defense for Acquisition, Technology, and Logistics to override the veto based on critical national security reasons;

(B) make trade-offs between cost, schedule, and performance, provided that such trade-offs are consistent with the parameters established in the performance agreement entered into pursuant to paragraph (1);

(C) redirect funding within such program, to the extent necessary to achieve the parameters established in the performance agreement entered into pursuant to paragraph (1);

(D) develop such interim goals and milestones as may be required to achieve the parameters established in the performance agreement entered into pursuant to paragraph (1); and

(E) use program funds to recruit and hire such technical experts as may be required to carry out the program, if necessary expertise is not otherwise provided by the Department of Defense.

(d) Qualifications, resources, and tenure.—The Secretary shall ensure that each program manager for the program execution period of a defense acquisition program—

(1) has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c);

(2) is provided the resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) needed to meet such responsibilities; and

(3) is assigned to the program manager position for such program at the time of Milestone B approval (or Key Decision Point B approval in the case of a space program) and continues in such position until the delivery of the first production units of the program.

(e) Limited waiver authority.—The Secretary may waive the requirement in paragraph (3) of subsection (d) that a program manager for the program execution period of a defense acquisition program serve in that position until the delivery of the first production units of such program upon submitting to the congressional defense committees a written determination that—

(1) the program is so complex, and the delivery of the first production units will take so long, that it would not be feasible for a single individual to serve as program manager for the entire period covered by such paragraph; and

(2) the complexity of the program, and length of time that will be required to deliver the first production units, are not the result of a failure to meet the certification requirements under section 2366a of title 10, United States Code.

SEC. 844. Removal of requirements related to waiver of preliminary design review and post-preliminary design review before Milestone B.

Section 2366b(a)(2) of title 10, United States Code, is amended by adding before the semicolon the following: “, or certifies that the program is based on mature technology for which no risk reduction phase activities are needed prior to Milestone B and provides an explanation of how design reviews will be accomplished in an appropriate manner”.

SEC. 845. Comptroller General of the United States report on operational testing programs for major defense acquisition programs.

(a) Report required.—Not later than March 31, 2015, the Comptroller General of the United States shall submit to the congressional defense committees a report on disputes between the Office of the Director, Operational Test and Evaluation and the acquisition community over testing requirements for major weapon systems.

(b) Contents.—The report required by subsection (a) shall address, at a minimum, the following matters:

(1) The extent, if any, to which the disputes described in subsection (a) have been the result of efforts that require that major weapon systems conduct operational testing in excess of levels necessary to demonstrate—

(A) compliance with program requirements validated by the Joint Requirements Oversight Council; and

(B) effectiveness and suitability for combat, as required by section 2399 of title 10, United States Code.

(2) The extent, if any, to which such disputes have been the result of efforts to reduce potential testing for major weapon systems below levels necessary to demonstrate—

(A) compliance with program requirements validated by the Joint Requirements Oversight Council; and

(B) effectiveness and suitability for combat, as required by section 2399 of title 10, United States Code.

(3) The extent, if any, to which testing requirements or standards established for major weapons systems as described in subparagraph (A) of paragraph (1) that were incompatible or inconsistent with testing requirements or standards as described in subparagraph (B) of such paragraph, and the impact of any such incompatibility or inconsistency.

(c) Definitions.—In this section:

(1) The term “major defense acquisition program” has the meaning given that term in section 2430 of title 10, United States Code.

(2) The term “major weapon system” means a major system within the meaning of section 2302d(a) of title 10, United States Code.

subtitle DOther matters

SEC. 861. Extension to United States Transportation Command of authorities relating to prohibition on contracting with the enemy.

Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813; 10 U.S.C. 2302 note) is amended—

(1) by striking “means United States Central Command” and inserting the following: “means—

    “(A) United States Central Command”; and

(2) by striking “Pacific Command.” and inserting the following: “Pacific Command; and

    “(B) United States Transportation Command, except that the provisions of this section do not apply to contracts, grants, and cooperative agreements awarded or entered into by United States Transportation Command that are performed entirely inside the Untied States.”.

SEC. 862. Reimbursement of Department of Defense for assistance provided to nongovernmental entertainment-oriented media producers.

(a) In general.—Subchapter II of chapter 134 of title 10, United States Code, is amended by inserting after section 2263 the following new section:

§ 2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers

“(a) In general.—There shall be credited to the applicable appropriations account or fund from which the expenses described in subsection (b) were charged any amounts received by the Department of Defense as reimbursement for such expenses.

“(b) Description of expenses.—The expenses referred to in subsection (a) are any expenses—

“(1) incurred by the Department of Defense as a result of providing assistance to a nongovernmental entertainment-oriented media producer;

“(2) for which the Department of Defense requires reimbursement under section 9701 of title 31 or any other provision of law; and

“(3) for which the Department of Defense received reimbursement after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by adding after the item relating to section 2263 the following new item:


“2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers.”.

SEC. 863. Three-year extension of authority for Joint Urgent Operational Needs Fund.

Section 2216a(e) of title 10, United States Code, is amended by striking “September 30, 2015” and inserting “September 30, 2018”.

TITLE IXDepartment of Defense Organization and Management

subtitle ADepartment of Defense Management

SEC. 901. Reorganization of the Office of the Secretary of Defense and related matters.

(a) Conversion of position of Deputy Chief Management Officer to position of Chief Management Officer.—

(1) IN GENERAL.—Chapter 4 of title 10, United States Code, is amended by inserting after section 133 the following new section:

§ 133a. Chief Management Officer

“(a) Appointment.—There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.

“(b) Responsibility for discharge of certain statutory position requirements.—In addition to the responsibilities specified in subsection (c), the Chief Management Officer is also the following:

“(1) The Chief Information Officer of the Department of Defense.

“(2) The Performance Improvement Officer of the Department of Defense.

“(c) General responsibilities.—The Chief Management Officer is responsible, subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense in the role of the Deputy Secretary as Chief Operating Officer of the Department of Defense, for the following:

“(1) Assisting the Deputy Secretary of Defense in the Deputy Secretary’s role as the Chief Operating Officer of the Department of Defense under section 132(c) of this title.

“(2) Supervising the management of the business operations of the Department of Defense and adjudicating issues and conflicts in functional domain business policies.

“(3) Establishing business strategic planning and performance management policies and measures and developing the Department of Defense Strategic Management Plan.

“(4) Establishing business information technology portfolio policies and overseeing investment management of that portfolio for the Department of Defense.

“(5) Establishing end-to-end business process and policies for establishing, eliminating, and implementing business standards, and the Business Enterprise Architecture.

“(6) Exercising authority, direction, and control over the Information Assurance Directorate of the National Security Agency.

“(7) Discharging the responsibilities provided for in chapter 35 of title 44 and section 11315 of title 40 for chief information officers of executive agencies.

“(8) In addition to discharging the responsibilities specified in paragraph (7)—

“(A) reviewing and providing recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems;

“(B) ensuring the interoperability of information technology and national security systems throughout the Department of Defense;

“(C) ensuring that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed;

“(D) providing for the elimination of duplicate information technology and national security systems within and between the military departments and the Defense Agencies; and

“(E) maintaining a consolidated inventory of Department of Defense mission critical and mission essential information systems, identifying interfaces between such information systems and other information systems, and developing and maintaining contingency plans for responding to a disruption in the operation of any of such information systems.

“(d) Precedence.—The Chief Management Officer takes precedence in the Department of Defense after the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretaries of the military departments.”.

(2) CONFORMING REPEAL OF SUPERSEDED AUTHORITY.—Section 132a of such title is repealed.

(3) PLACEMENT IN OSD.—Section 131(b) of such title is amended—

(A) by striking paragraphs (2) and (3) and inserting the following new paragraph (2):

“(2) (A) The Under Secretary of Defense for Acquisition, Technology, and Logistics.

“(B) The Chief Management Officer of the Department of Defense.

“(C) The other Under Secretaries of Defense, as follows:

“(i) The Under Secretary of Defense for Policy.

“(ii) The Under Secretary of Defense for (Comptroller)

“(iii) The Under Secretary of Defense for Personnel and Readiness.

“(iv) The Under Secretary of Defense for Intelligence.”; and

(B) by redesignated paragraphs (4) through (8) as paragraphs (3) through (7), respectively.

(4) CONTINUATION OF INCUMBENT IN POSITION.—The individual appointed by the President, by and with the advice and consent of the Senate, to serve as the Deputy Chief Management Officer of the Department of Defense as of the date of enactment of this Act shall serve as the Chief Management Officer of the Department of Defense under section 133a of title 10, United States Code (as amended by paragraph (1)), after that date.

(b) Designation of Deputy Secretary of Defense as Chief Operating Officer of Department of Defense.—Subsection (c) of section 132 of title 10, United States Code, is amended to read as follows:

“(c) (1) The Deputy Secretary serves as the Chief Operating Officer of the Department of Defense.

“(2) In the Deputy Secretary's role as Chief Operating Officer of the Department of Defense, the Deputy Secretary shall exercise authority, direction, and control of the Chief Management Officer of the Department of Defense under section 133a of this title.”.

(c) Deputy Under Secretary of Defense matters.—

(1) INCREASE IN NUMBER OF PDUS.—Paragraph (1) of subsection (a) of section 137a of title 10, United States Code, is amended by striking “five” and inserting “seven”.

(2) CODIFICATION OF RESTRICTION ON USE OF DEPUTY UNDER SECRETARY OF DEFENSE TITLE.—

(A) CODIFICATION.—Subsection (a) of such section is further amended by adding at the end the following new paragraph:

“(3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.”.

(B) CONFORMING REPEAL.—Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 137a note) is repealed.

(3) CONFORMING AMENDMENT FOR THE VACANCY REFORM ACT OF 1998.—Subsection (b) of section 137a of title 10, United States Code, is amended by striking “is absent or disabled” and inserting “dies, resigns, or is otherwise unable to perform the functions and duties of the office”.

(4) AMENDMENTS IN CONNECTION WITH CONVERSION TO POSITION OF CHIEF MANAGEMENT OFFICER.—

(A) Subsection (b) of such section is further amended by adding at the end the following new sentence: “For purposes of the preceding sentence and paragraphs (6) and (7) of subsection (c), the Chief Management Officer of the Department of Defense shall be treated as an Under Secretary of Defense.”

(B) ADDITIONAL PDUS.—Subsection (c) of such section is amended by adding at the end the following new paragraphs:

“(6) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Management.

“(7) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Information.”.

(d) Redesignation of Assistant Secretary of Defense for Operational Energy Plans and Programs to reflect merger with Deputy Under Secretary of Defense for installations and environment.—Paragraph (9) of section 138(b) of title 10, United States Code, is amended to read as follows:

“(9) (A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary—

“(i) is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to energy, installations, and environment; and

“(ii) is the principal advisor to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs.

“(B) In the capacity specified in subparagraph (A)(ii), the Assistant Secretary may communicate views on matters related to operational energy plans and programs and the operational energy strategy directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.”.

(e) Elimination and integration of separate statutory sections for certain prescribed Assistant Secretary of Defense positions.—Chapter 4 of title 10, United States Code, is further amended as follows:

(1) ASSISTANT SECRETARY OF DEFENSE FOR LOGISTICS AND MATERIEL READINESS.—Paragraph (7) of section 138(b) is amended—

(A) in the first sentence, by inserting after “Readiness” the following: “, who shall be appointed from among persons with an extensive background in the sustainment of major weapons systems and combat support equipment”;

(B) by striking the second sentence;

(C) by transferring to the end of that paragraph (as amended by subparagraph (B)) the text of subsection (b) of section 138a;

(D) by transferring to the end of that paragraph (as amended by subparagraph (C)) the text of subsection (c) of section 138a; and

(E) by redesignating paragraphs (1) through (3) in the text transferred by subparagraph (C) of this paragraph as subparagraphs (A) through (C), respectively.

(2) ASSISTANT SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING.—Paragraph (8) of such section is amended—

(A) by striking the second sentence and inserting the text of subsection (a) of section 138b;

(B) by inserting after the text added by subparagraph (A) of this paragraph the following: “The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall—”;

(C) by transferring paragraphs (1) and (2) of subsection (b) of section 138b to the end of that paragraph (as amended by subparagraphs (A) and (B)), indenting those paragraphs 2 ems from the left margin, and redesignating those paragraphs as subparagraphs (A) and (B), respectively;

(D) in subparagraph (A) (as so transferred and redesignated)—

(i) by striking “The Assistant Secretary” and all that follows through “Test and Evaluation, shall”; and

(ii) by striking the period at the end and inserting “; and”; and

(E) in subparagraph (B) (as so transferred and redesignated), by striking “The Assistant Secretary” and all that follows through “Test and Evaluation, shall”.

(3) ASSISTANT SECRETARY OF DEFENSE FOR NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.—Paragraph (10) of such section is amended—

(A) by striking the second sentence and inserting the text of subsection (b) of section 138d; and

(B) by inserting after the text added by subparagraph (A) of this paragraph the text of subsection (a) of such section and in that text as so inserted—

(i) by striking “of Defense for Nuclear, Chemical, and Biological Defense Programs”; and

(ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively.

(4) REPEAL OF SEPARATE SECTIONS.—Sections 138a, 138b, and 138d are repealed.

(f) Clarification of orders of precedence.—

(1) Section 134(c) of title 10, United States Code, is amended by striking “after” and all that follows and inserting “the Chief Management Officer of the Department of Defense”.

(2) Section 137a(d) of such title is amended by striking “the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense” and inserting “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Management Officer of the Department of Defense, and the other Under Secretaries of Defense”.

(3) Section 138(d) of such title is amended by striking “the Under Secretaries of Defense, the Deputy Chief Management Officer of the Department of Defense” and inserting “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Management Officer of the Department of Defense, the other Under Secretaries of Defense”.

(g) Clarification of policy and responsibilities of Assistant Secretary of Defense for Energy, Installations, and Environment.—

(1) TRANSFER OF POLICY PROVISIONS.—Chapter 173 of title 10, United States Code, is amended—

(A) by adding at the end the following new section:

§ 2926. Operational energy activities”;

(B) by transferring paragraph (3) of section 138c(c) of such title to section 2926, as added by subparagraph (A), inserting such paragraph after the section heading, and redesignated such paragraph as subsection (a);

(C) in subsection (a) (as so inserted and redesignated)—

(i) by inserting “Alternative fuel activities.—” before “The Assistant Secretary”;

(ii) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and

(iii) in paragraph (5) (as so redesignated), by striking “subsection (e)(4)” and inserting “subsection (c)(4)”;

(D) by transferring subsections (d), (e), and (f) of section 138c of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection (a) (as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively;

(E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting “of Defense for Energy, Installations, and Environment” after “Assistant Secretary” the first place it appears in each such subsection; and

(F) in paragraph (4) of subsection (b) of section 2926 (as transferred and redesignated by subparagraph (D)), by striking “provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments,” and inserting “make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments”.

(2) REPEAL OF FORMER PROVISION.—Section 138c of such title is repealed.

(h) Technical and conforming amendments.—Title 10, United States Code, is further amended as follows:

(1) In paragraph (6) of section 131(b) (as redesignated by subsection (a)(3))—

(A) by redesignating subparagraphs (A) through (H) as subparagraphs (B) through (I), respectively; and

(B) by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A):

“(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.”.

(2) Section 132(b) is amended by striking “is disabled or there is no Secretary of Defense” and inserting “dies, resigns, or is otherwise unable to perform the functions and duties of the office”.

(3) In section 186—

(A) in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2):

“(2) The Chief Management Officer of the Department of Defense.”; and

(B) in subsection (b), by striking “the Deputy Chief Management Officer of the Department of Defense” and inserting “the Chief Management Officer of the Department of Defense”.

(4) In section 2222, by striking “the Deputy Chief Management Officer of the Department of Defense” each place it appears in subsections (c)(2)(E), (d)(3), (f)(1)(D), (f)(1)(E), and (f)(2)(E) and inserting “the Chief Management Officer of the Department of Defense”.

(5) In section 2925(b), by striking “Operational Energy Plans and Programs” and inserting “Energy, Installations, and Environment”.

(i) Clerical amendments.—

(1) The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended—

(A) by striking the items relating to sections 132a, 138a, 138b, 138c, and 138d; and

(B) by inserting after item relating to section 133 the following new item:


“133a. Chief Management Officer.”.

(2) The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by adding at the end the following new item:


“2926. Operational energy activities.”.

(j) Executive schedule matters.—

(1) EXECUTIVE SCHEDULE LEVEL III.—Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Chief Management Office of the Department of Defense and inserting the following new item:

“ Chief Management Officer of the Department of Defense.”.

(2) CONFORMING AMENDMENT TO PRIOR REDUCTION IN NUMBER OF ASSISTANT SECRETARIES OF DEFENSE.—Section 5315 of such title is amended by striking “Assistant Secretaries of Defense (16)” and inserting “Assistant Secretaries of Defense (14)”.

(k) References.—

(1) DCMO.—Any reference to the Deputy Chief Management Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Chief Management Officer of the Department of Defense.

(2) CIO.—Any reference to the Chief Information Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Chief Management Officer of the Department of Defense.

(3) ASDEIE.—Any reference to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment in any provision of law or in any rule, regulation, or other paper of the United State shall be deemed to the Assistant Secretary of Defense for Energy, Installations, and Environment.

SEC. 902. Assistant Secretary of Defense for Manpower and Reserve Affairs.

(a) Single Assistant Secretary of Defense for Manpower and Reserve Affairs.—

(1) REDESIGNATION OF POSITION.—The position of Assistant Secretary of Defense for Reserve Affairs is hereby redesignated as the Assistant Secretary of Defense for Manpower and Reserve Affairs. The individual serving in that position on the day before the date of the enactment of this Act may continue in office after that date without further appointment.

(2) STATUTORY DUTIES.—Paragraph (2) of section 138(b) of title 10, United States Code, is amended to read as follows:

“(2) One of the Assistant Secretaries is the Assistant Secretary of Defense for Manpower and Reserve Affairs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Manpower and Reserve Affairs shall have as the principal duty of such Assistant Secretary the overall supervision of manpower and reserve affairs of the Department of Defense.”.

(b) Repeal of duplicative provision.—

(1) REPEAL.—Section 10201 of such title is repealed.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1007 of such title is amended by striking the item relating to section 10201.

subtitle BOther Matters

SEC. 911. Modifications to requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing.

(a) Designation of officer.—Section 1501(a) of title 10, United States Code, is amended—

(1) in the subsection heading, by striking “Personnel” and inserting “Persons”;

(2) by striking paragraph (2);

(3) by designating the second sentence of paragraph (1) as paragraph (2); and

(4) by striking the first sentence of paragraph (1) and inserting the following:

“(1) (A) The Secretary of Defense shall designate a single organization within the Department of Defense to have responsibility for Department matters relating to missing persons, including accounting for missing persons and persons whose remains have not been recovered from the conflict in which they were lost.

“(B) The organization designated under this paragraph shall be a Defense Agency or other entity of the Department of Defense outside the military departments and is referred to in this chapter as the ‘designated Defense Agency’.

“(C) The head of the organization designated under this paragraph is referred to in this chapter as the ‘designated Agency Director’.”.

(b) Responsibilities.—Paragraph (2) of such section, as designated by subsection (a)(3), is amended—

(1) in the matter preceding subparagraph (A), by striking “the official designated under this paragraph shall include—” and inserting “the designated Agency Director shall include the following:”

(2) by capitalizing the first letter of the first word of each of subparagraphs (A), (B), (C), and (D);

(3) by striking the semicolon at the end of subparagraph (A) and inserting a period;

(4) in subparagraph (B)—

(A) by inserting “responsibility for” after “as well as the”; and

(B) by striking “; and” at the end and inserting a period; and

(5) by adding at the end the following new subparagraph:

“(E) The establishment of a means for communication between officials of the designated Defense Agency and family members of missing persons, veterans service organizations, concerned citizens, and the public on the Department’s efforts to account for missing persons, including a readily available means for communication of their views and recommendations to the designated Agency Director.”.

(c) Conforming amendments.—Such section is further amended—

(1) in paragraph (3), by striking “the official designated under paragraphs (1) and (2)” and inserting “the designated Agency Director”; and

(2) in paragraphs (4) and (5), by striking “The designated official” and inserting “The designated Agency Director”.

(d) Resources.—Such section is further amended by striking paragraph (6).

(e) Public-private partnerships and other forms of support.—Chapter 76 of such title is amended by inserting after section 1501 the following new section:

§ 1501a. Public-private partnerships; other forms of support

“(a) Public-private partnerships.—The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (f)(1) shall include provisions for the establishment and implementation of such partnerships.

“(b) Acceptance of voluntary personal services.—The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title.

“(c) Cooperative agreements and grants.—

“(1) IN GENERAL.—The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for purposes related to support of the activities of the designated Defense Agency.

“(2) INAPPLICABILITY OF CERTAIN CONTRACT REQUIREMENTS.—Notwithstanding section 2304(k) of this title, the Secretary may enter such cooperative agreements or grants on a sole source basis pursuant to section 2304(c)(5) of this title.

“(d) Use of department of defense personal property.—The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency.

“(e) Regulations.—

“(1) IN GENERAL.—The Secretary of Defense shall prescribe regulations to implement this section.

“(2) LIMITATION.—Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program.

“(f) Definitions.—In this section:

“(1) COOPERATIVE AGREEMENT.—The term ‘cooperative agreement’ means an authorized cooperative agreement as described in section 6305 of title 31.

“(2) GRANT.—The term ‘grant’ means an authorized grant as described in section 6304 of title 31.”.

(f) Section 1505 conforming amendments.—Section 1505(c) of such title is amended—

(1) in paragraph (1), by striking “the office established under section 1501 of this title” and inserting “the designated Agency Director”; and

(2) in paragraphs (2) and (3), by striking “head of the office established under section 1501 of this title” and inserting “designated Agency Director”.

(g) Section 1509 amendments.—Section 1509 of such title is amended—

(1) in subsection (b)—

(A) in the subsection heading, by striking “Process”;

(B) in paragraph (1), by striking “POW/MIA accounting community” and inserting “through the designated Agency Director”;

(C) by striking paragraph (2) and inserting the following new paragraph (2):

“(2) (A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall include the identification of remains in support of the function of the designated Agency Director to account for unaccounted for persons covered by subsection (a).

“(B) In carrying out functions under this chapter, the medical examiner so assigned or detailed shall report to the designated Agency Director.

“(C) The medical examiner so assigned or detailed shall—

“(i) exercise scientific identification authority;

“(ii) establish identification and laboratory policy consistent with the Armed Forces Medical Examiner System; and

“(iii) advise the designated Agency Director on forensic science disciplines.

“(D) Nothing in this chapter shall be interpreted as affecting the authority of the Armed Forces Medical Examiner under section 1471 of this title.”.

(2) in subsection (d)—

(A) in the subsection heading, by inserting “; Centralized database” after “Files”; and

(B) by adding at the end the following new paragraph:

“(4) The Secretary of Defense shall establish and maintain a single centralized database and case management system containing information on all missing persons for whom a file has been established under this subsection. The database and case management system shall be accessible to all elements of the Department of Defense involved in the search, recovery, identification, and communications phases of the program established by this section.”; and

(3) in subsection (f)—

(A) in paragraph (1)—

(i) by striking “establishing and”; and

(ii) by striking “Secretary of Defense shall coordinate” and inserting “designated Agency Director shall ensure coordination”;

(B) in paragraph (2)—

(i) by inserting “staff” after “National Security Council”; and

(ii) by striking “POW/MIA accounting community”; and

(C) by adding at the end the following new paragraph:

“(3) In carrying out the program, the designated Agency Director shall coordinate all external communications and events associated with the program.”.

(h) Technical and conforming amendments.—

(1) CROSS-REFERENCE CORRECTION.—Section 1513(1) of such title is amended in the last sentence by striking “subsection (b)” and inserting “subsection (c)”.

(2) HEADING AMENDMENT.—The heading of section 1509 of such title is amended to read as follows:

§ 1509. Program to resolve missing person cases”.

(3) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 76 of such title is amended—

(A) by inserting after the item relating to section 1501 the following new item:


      “1501a. Public-private partnerships; other forms of support.”; and

(B) in the item relating to section 1509, by striking “preenactment”.

TITLE XGeneral Provisions

subtitle AFinancial 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 Department of Defense in this division for fiscal year 2015 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000.

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—

(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 Congress.

(c) Effect on authorization amounts.—A transfer made from one account to another under the authority 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 transferred.

(d) Notice to Congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. National Sea-Based Deterrence Fund.

(a) Establishment of Fund.—Chapter 131 of title 10, United States Code, is amended by inserting after section 2218 the following new section:

§ 2218a. National Sea-Based Deterrence Fund

“(a) Establishment.—There is established in the Treasury of the United States a fund to be known as the ‘National Sea-Based Deterrence Fund’.

“(b) Administration of fund.—The Secretary of Defense shall administer the Fund consistent with the provisions of this section.

“(c) Fund purposes.—Funds in the Fund shall be available for obligation and expenditure only for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.

“(d) Deposits.—There shall be deposited in the Fund all funds appropriated to the Department of Defense for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.

“(e) Limitation.—The construction, purchase, alteration, or conversion of national sea-based deterrence vessels with funds in the Fund pursuant to subsection (c) shall be conducted in United States shipyards.

“(f) Expiration of funds after 5 years.—No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law.

“(g) Budget requests.—Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.

“(h) Definitions.—In this section:

“(1) The term ‘Fund’ means the National Sea-Based Deterrence Fund established by subsection (a).

“(2) The term ‘national sea-based deterrence vessel’ means any vessel owned, operated, or controlled by the Department of Defense that carries operational intercontinental ballistic missiles.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 131 of such title is amended by inserting after the item relating to section 2218 the following new item:


“2218a. National Sea-Based Deterrence Fund.”.

SEC. 1003. Sense of Senate on sequestration.

(a) Findings.—The Senate makes the following findings:

(1) The budget of the President for fiscal year 2015, as submitted to Congress pursuant to section 1105 of title 31, United States Code, provides for significant reductions to the military force structure and in military compensation over the course of the future-years defense program, including proposals to restrict pay raises for members of the Armed Forces below the rate of inflation, freeze pay for general and flag officers, reduce the growth of housing allowances by requiring members of the Armed Forces to pay 5 percent out-of-pocket for housing costs, reduce appropriated fund subsidies to the defense commissaries, make significant changes to benefits under the TRICARE program, reduce the end strength of the Army by more than 60,000, retire the A–10 and U–2 aircraft of the Air Force, inactivate half of the cruiser fleet of the Navy, and reduce the size of the helicopter fleet of the Army by 25 percent and terminate the Ground Combat Vehicle program of the Army.

(2) These proposed reductions are the result of the budget caps enacted by Congress in the Budget Control Act of 2011 and reaffirmed (with some relief for fiscal years 2014 and 2015) in the Bipartisan Budget Act of 2014, which cut more than $900,000,000,000 from the planned Department of Defense budget over a period of ten years. Under these budget caps, the Department of Defense budget is unchanged from the funding level in fiscal years 2013 and 2014, and remains more than $30,000,000,000 below the funding provided to the Department in fiscal years 2010, 2011, and 2012. In inflation-adjusted terms, the drop is even greater, with a reduction of $75,000,000,000 since fiscal year 2010 and virtually no projected growth in inflation-adjusted dollars through the balance of the future-years defense program.

(3) If the budget caps remain unchanged for fiscal year 2016 and beyond, the Department of Defense will be required to make even deeper cuts, including an additional reduction of 60,000 in the end strength of the Army, the retirement of the entire KC–10 tanker aircraft fleet and the Global Hawk Block 40 fleet, reduced purchases of Joint Strike Fighters and unmanned aerial vehicles, the inactivation of additional naval vessels, reduced purchases of destroyers, and the elimination of an aircraft carrier and a carrier air wing. Senior civilian and military leaders of the Department of Defense have testified that if these additional reductions are carried out, the United States Armed Forces will not be able to carry out the National Defense Strategy.

(4) The budget of the President for fiscal year 2015 proposes to add $115,000,000,000 to the budget caps of the Department of Defense for the four fiscal years starting in fiscal year 2016 in order to avoid the need to make the additional cuts described in paragraph (3). The budget proposes to add an equal amount to the budget caps for the non-defense agencies of the Federal Government in order to ensure that such agencies can continue to meet their obligation to protect and promote public safety, health, education, justice, transportation, the environment, and other domestic needs.

(b) Sense of Senate.—It is the sense of the Senate that—

(1) leaving the budget caps described in subsection (a)(2) for fiscal year 2016 and beyond unchanged would require cuts that would seriously undermine the ability of the Department of Defense to carry out its national security mission and reduce the ability of other Federal Government agencies to adequately address non-defense priorities; and

(2) Congress should avoid these adverse impacts to the national interests of the United States by enacting deficit-neutral legislation to increase the budget caps, offset by a bipartisan comprehensive package.

subtitle BCounter-Drug Activities

SEC. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.

(a) Extension.—Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2042), as most recently amended by section 1011(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 126 Stat. 843), is further amended—

(1) in subsection (a), by striking “2014” and inserting “2017”; and

(2) in subsection (c), by striking “2014” and inserting “2017”.

(b) Notice to Congress on assistance.—Not later than 15 days before providing assistance under section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (as amended by subsection (a)) using funds available for fiscal year 2015, 2016, or 2017, the Secretary of Defense shall submit to the congressional defense committees a notice setting forth the assistance to be provided, including the types of such assistance, the budget for such assistance, and the anticipated completion date and duration of the provision of such assistance.

SEC. 1012. Extension and modification of authority for joint task forces supporting law enforcement agencies conducting activities to counter transnational organized crime to support law enforcement agencies conducting counter-terrorism activities.

(a) In general.—Subsection (a) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by inserting “or activities to counter transnational organized crime” after “counter-drug activities”.

(b) Availability of funds.—Subsection (b) of such section is amended—

(1) by striking “fiscal year 2015” and inserting “fiscal year 2020”;

(2) by inserting “for drug interdiction and counter-drug activities that are” after “funds”; and

(3) by inserting “or activities to counter transnational organized crime” after “counter-drug activities”.

(c) Reports.—Subsection (c) of such section is amended—

(1) in the matter preceding paragraph (1)—

(A) by striking “after 2008”; and

(B) by striking “Congress” and inserting “the congressional defense committees”;

(2) in paragraph (1)—

(A) by inserting “, counter-transnational organized crime,” after “counter-drug” the first place it appears; and

(B) by inserting “or funds to counter transnational organized crime” after “counter-drug funds”;

(3) in paragraph (2), by inserting before the period the following: “, and a description of the objectives of such support”; and

(4) in paragraph (3), by inserting before the period the following: “or operations to counter transnational organized crime”.

(d) Conditions.—Subsection (d)(2) of such section is amended—

(1) in subparagraph (A)—

(A) by inserting “or funds to counter transnational organized crime” after “counter-drug funds”; and

(B) by inserting “or activities to counter transnational organized crime, as applicable,” after “counter-drug activities”;

(2) in subparagraph (B)—

(A) by striking “vital to” and inserting “in”;

(B) by striking “Congress” and inserting “the congressional defense committees”; and

(C) by inserting before the period at the end of the second sentence the following: “, together with a description of the national security interests associated with the support covered by such waiver”; and

(3) by striking subparagraph (C).

(e) Counter-illicit trafficking activities.—Such section is further amended by adding at the end the following new subsection:

“(e) Support for counter-illicit trafficking activities.—

“(1) IN GENERAL.—In addition to any support authorized by subsection (a), a joint task force of the Department described in that subsection may also provide, subject to all applicable laws and regulations, support to law enforcement agencies conducting counter-illicit trafficking activities.

“(2) ILLICIT TRAFFICKING DEFINED.—In this subsection, the term ‘illicit trafficking’ means the trafficking of money, goods, or value gained from illegal activities, including human trafficking, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, illicit financial flows, and other forms of illicit activities determined by the Secretary of Defense to directly benefit organizations that have been determined to be a security threat to the United States.”.

SEC. 1013. Extension of authority to provide additional support for counter-drug activities of certain foreign governments.

(a) Extension.—Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as most recently amended by section 1013(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 844), is further amended by striking “September 30, 2016” and inserting “September 30, 2020”.

(b) Availability of funds.—Subsection (e) of such section 1033 (111 Stat. 1882), as most recently amended by section 1013(b) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 844), is further amended to read as follows:

“(e) Availability of funds.—Of the amount authorized to be appropriated for any fiscal year after fiscal year 2014 in which the authority under this section is in effect for drug interdiction and counter-drug activities, an amount not to exceed $125,000,000 shall be available in such fiscal year for the provision of support under this section.”.

SEC. 1014. Extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies.

(a) Extension.—Subsection (a) of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended by striking “2014” and inserting “2020”.

(b) Expansion of authority To include activities To counter transnational organized crime.—Such section is further amended—

(1) by inserting “or activities to counter transnational organized crime” after “counter-drug activities” each place it appears;

(2) in subsection (a)(3), by inserting “or responsibilities for countering transnational organized crime” after “counter-drug responsibilities”; and

(3) in subsection (b)(5), by inserting “or counter-transnational organized crime” after “Counter-drug”.

(c) Notice to Congress on facilities projects.—Subsection (h)(2) of such section is amended by striking “$500,000” and inserting “$250,000”.

(d) Clerical amendment.—The heading of such section is amended to read as follows:

“SEC. 1004. Additional support for counter-drug activities and activities to counter transnational organized crime”.

subtitle CNaval Vessels and Shipyards

SEC. 1021. Limitation on use of funds for inactivation of U.S.S. George Washington.

No funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Navy may be obligated or expended to conduct tasks connected to the inactivation of the U.S.S. George Washington (CVN–73) unless such tasks are identical to tasks that would be necessary to conduct a refueling and complex overhaul of the vessel.

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 otherwise provided in this section, none of the funds authorized to be appropriated or otherwise made available for the Department of Defense by this Act or the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser or dock landing ship.

(2) USE OF SMOSF FUNDS.—Funds in the Ship, Modernization, Operations, and Sustainment Fund (SMOSF) may be used only for 11 Ticonderoga-class cruisers (CG 63 through CG 73) and 3 dock landing ships (LSD 41, LSD 42, and LSD 46). The Secretary of the Navy may use such funds only to man, operate, equip, sustain, and modernize such vessels.

(b) Phased modernization of Ticonderoga class cruisers and dock landing ships.—The Secretary of the Navy shall retain 22 Ticonderoga-class cruisers (CGs) and 12 Whidbey Island/Harpers Ferry-class dock landing ships (LSDs) until the end of their expected service lives, as follows:

(1) OPERATIONAL FORCES.—The naval combat forces of the Navy shall include not less than 11 operational cruisers (CG 52 through CG 62) and 11 operational dock landing ships (all members of the LSD 41 class, except LSD 41, LSD, 42 and LSD 46). For purposes of this paragraph, a cruiser or dock landing ship is operational if such vessel is available for worldwide deployment other than during routine or scheduled maintenance or repair.

(2) PHASED MODERNIZATION.—The Secretary may conduct phased modernization of the cruisers and dock landing ships for which funds in the Ship, Modernization, Operations, and Sustainment Fund are authorized to be available pursuant to subsection (a)(2). During a phased modernization period, the Secretary may reduce manning on such vessels to the minimal level necessary to ensure the safety and security of such vessels and to retain critical skills.

(3) END OF SERVICE AND TRANSITION FROM PHASED MODERNIZATION TO OPERATIONAL FORCES.—Cruisers covered by paragraph (1) may only be decommissioned when replaced by one of the cruisers for which the Navy has conducted a phased modernization using funds in the Ship, Modernization, Operations, and Sustainment Fund as described in paragraph (2). After being reintroduced into the operational fleet, the cruisers modernized as described in paragraph (2) may be decommissioned individually upon reaching the end of their expected service life, excluding time spent in a phased modernization status under paragraph (2). After being reintroduced into the operational fleet, the dock landing ships modernized as described in paragraph (2) may be decommissioned upon reaching the end of their expected service life, excluded time spent in a phased modernization status under paragraph (2).

(c) Requirements and limitations on phased modernization.—

(1) REQUIREMENTS.—During the period of phased modernization under subsection (b)(2) of the vessels specified in subsection (a)(2), the Secretary of the Navy shall—

(A) continue to maintain the vessels in a manner that will ensure the ability of the vessels to reenter the operational fleet;

(B) conduct planning activities to ensure scheduled and deferred maintenance and modernization work items are identified and included in maintenance availability work packages;

(C) conduct hull, mechanical, and electrical (HM&E) and combat system modernization necessary to achieve a service life of 40 years;

(D) in the case of the cruisers, schedule completion of maintenance and modernization, including required testing and crew training, to replace on a one-for-one basis, active cruisers that will be decommissioned upon reaching the end of their expected service life;

(E) ensure adequate funds are available to execute phased modernization activities for all the vessels.

(2) LIMITATIONS.—During the period of phased modernization under subsection (b)(2) of the vessels specified in subsection (a)(2), the Secretary may not—

(A) permit removal or cannibalization of equipment or systems to support operational vessels, other than—

(i) rotatable pool equipment; and

(ii) equipment or systems necessary to support urgent operational requirements (but only with the approval of the Secretary of Defense); or

(B) make any irreversible modifications that will prohibit the vessel from reentering the operational fleet.

(d) Authority To enter into economic order quantity contracts.—The Secretary of the Navy may enter into a so-called “economic order quantity” contracts with private shipyards for ship maintenance and modernization, and with private industry for equipment procurement for the phased modernization under subsection (b)(2) of the vessels specified in subsection (a)(2).

(e) Reports.—

(1) IN GENERAL.—At the same time as the submittal to Congress of the budget of the President under section 1105 of title 31, United States, for each fiscal year in which activities under the phased modernization of vessels will be carried out under this section, the Secretary of the Navy shall submit to the congressional defense committees a written report on the status of the phased modernization of vessels under this section.

(2) ELEMENTS.—Each report under this subsection shall include the following:

(A) The status of phased modernization efforts, including availability schedules, equipment procurement schedules, and by-fiscal year funding requirements.

(B) The readiness, and operational and manning status of each vessel to be undergoing phased modernization under this section during the fiscal year covered by such report.

(C) The current material condition assessment for each such vessel.

(D) A list of rotatable pool equipment that is identified across the whole class of cruisers to support operations on a continuing basis.

(E) A list of equipment, other than rotatable pool equipment and components incidental to performing maintenance, removed from each such vessel, including a justification for the removal, the disposition of the equipment, and plan for restoration of the equipment.

(F) A detailed plan for obligations and expenditures by vessel for the fiscal year beginning in the year of such report, and projections of obligations by vessel by fiscal year for the remaining time a vessel is in the phased modernization program.

(G) A statement of the funding required during the fiscal year beginning in the year of such report to ensure the Ship, Modernization, Operations, and Sustainment Fund account has adequate resources to execute the plan under subparagraph (F) in the execution fiscal year and the following fiscal year.

(3) NOTICE ON VARIANCE FROM PLAN.—Not later than 30 days before executing any material deviation from a plan under paragraph (2)(F) for a fiscal year, the Secretary shall notify the congressional defense committees in writing of such deviation from the plan.

(f) Repeal of superseded limitation.—Section 1023 of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 846) is repealed.

SEC. 1023. Operational readiness of Littoral Combat Ships on extended deployments.

(a) Authority.—Subsection (a) of section 7310 of title 10, United States Code, is amended—

(1) in the subsection heading, by inserting “under the jurisdiction of the Secretary of the Navy” after “vessels”;

(2) by striking “A naval vessel” and inserting “(1) Except as provided in paragraph (2), a naval vessel”; and

(3) by adding at the end the following new paragraph:

“(2) (A) Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel—

“(i) in a foreign shipyard;

“(ii) at a facility outside of a foreign shipyard; or

“(iii) at any other facility convenient to the vessel.

“(B) (i) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel.

“(ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy.”.

(b) Definitions.—Such section is further amended by adding at the end the following new subsection:

“(d) Definitions.—In this section:

“(1) The term ‘corrective and preventive maintenance or repair’ means—

“(A) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and

“(B) scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions.

“(2) The term ‘facilities maintenance’ means—

“(A) preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and

“(B) cleaning services, encompassing—

“(i) light surface cleaning of ship structures and compartments; and

“(ii) deep cleaning of bilges to remove dirt, oily waste, and other foreign matter.”.

(c) Clerical amendments.—

(1) SECTION HEADING.—The heading of such section is amended to read as follows:

§ 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7310 and inserting the following:


“7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions.”.

SEC. 1024. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy.

(a) In general.—Chapter 645 of title 10, United States Code, is amended by adding at the end the following new section:

§ 7525. Limited coastwise trade

“(a) Contractor-owned vessel defined.—In this section, the term ‘contractor-owned vessel’ means a dry dock, a tugboat, or a towing vessel that—

“(1) was built in the United States;

“(2) is owned or operated by a person that—

“(A) is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and

“(B) in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense;

“(3) is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and

“(4) is crewed by citizens of the United States.

“(b) In general.—A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel.

“(c) Notice.—The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade.

“(d) Limitation.—An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire on the earlier of—

“(1) the date of the sale of the contractor-owned vessel;

“(2) the date of that the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or

“(3) the date that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 645 of title 10, United States Code, is amended by adding at the end the following new item:


“7525. Limited coastwise trade.”.

subtitle DCounterterrorism

SEC. 1031. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

(a) In general.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2015 may be used 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.

(b) Transfer for detention and trial.—The Secretary of Defense may transfer a detainee described in subsection (a) to the United States for detention pursuant to the Authorization for Use of Military Force (Public Law 107–40), trial, and incarceration if the Secretary—

(1) determines that the transfer is in the national security interest of the United States;

(2) determines that appropriate actions have been taken, or will be taken, to address any risk to public safety that could arise in connection with detention and trial in the United States; and

(3) notifies the appropriate committees of Congress not later than 30 days before the date of the proposed transfer.

(c) Notification elements.—A notification on a transfer under subsection (b)(3) shall include the following:

(1) A statement of the basis for the determination that the transfer is in the national security interest of the United States.

(2) A description of the action the Secretary determines have been taken, or will be taken, to address any risk to the public safety that could arise in connection with the detention and trial in the United States.

(d) Status while in the United States.—A detainee who is transferred to the United States under this section—

(1) shall not be permitted to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) or be eligible to apply for admission into the United States;

(2) shall be considered to be paroled into the United States temporarily pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)); and

(3) shall not, as a result of such transfer, have a change in designation as an unprivileged enemy belligerent eligible for detention pursuant to the Authorization for Use of Military Force, as determined in accordance with applicable law and regulations.

(e) Limitation on transfer or release or detainees transferred to the United States.—Notwithstanding any other provision of law, an individual who is transferred to the United States under this section shall not be released within the United States or its territories, and may only be transferred or released in accordance with the procedures under section 1035 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 128 Stat. 851).

(f) Limitations on judicial review.—

(1) LIMITATIONS.—Except as provided for in paragraph (2), no court, justice, or judge shall have jurisdiction to hear or consider any action against the United States or its agents relating to any aspect of the detention, transfer, treatment, or conditions of confinement of a detainee described in subsection (a) who is held by the Armed Forces of the United States.

(2) EXCEPTION.—A detainee who is transferred to the United States under this section shall not be deprived of the right to challenge his designation as an unprivileged enemy belligerent by filing a writ of habeas corpus as provided by the Supreme Court in Hamdan v. Rumsfeld (548 U.S. 557 (2006)) and Boumediene v. Bush (553 U.S. 723 (2008)).

(3) NO CAUSE OF ACTION IN DECISION NOT TO TRANSFER.—A decision not to transfer a detainee to the United States under this section shall not give rise to a judicial cause of action.

(g) Effective date.—

(1) IN GENERAL.—Subsections (b), (c), (d), (e), and (f) shall take effect on the date, following the date on which the Secretary of Defense submits to the appropriate committees of Congress a detailed plan to close the detention facility at United States Naval Station, Guantanamo Bay, Cuba, that Congress fails to enact a joint resolution disapproving such report pursuant to subsection (i).

(2) ELEMENTS.—The report required by paragraph (1) shall contain the following:

(A) A case-by-case determination made for each individual detained at Guantanamo of whether such individual is intended to be transferred to a foreign country, transferred to the United States for the purpose of civilian or military trial, or transferred to the United States or another country for continued detention under the law of armed conflict.

(B) The specific facility or facilities that are intended to be used, or modified to be used, to hold individuals inside the United States for the purpose of trial, for detention in the aftermath of conviction, or for continued detention under the law of armed conflict.

(C) The estimated costs associated with the detention inside the United States of individuals detained at Guantanamo.

(D) A description of the legal implications associated with the detention inside the United States of an individual detained at Guantanamo, including but not limited to the right to challenge such detention as unlawful.

(E) A detailed description and assessment, made in consultation with the Secretary of State and the Director of National Intelligence, of the actions that would be taken prior to the transfer to a foreign country of an individual detained at Guantanamo that would substantially mitigate the risk of such individual engaging or reengaging in any terrorist or other hostile activity that threatens the United States or United States person or interests.

(F) What additional authorities, if any, may be necessary to detain an individual detained at Guantanamo inside the United States as an unprivileged enemy belligerent pursuant to the Authorization for Use of Military Force, pending the end of hostilities or a future determination by the Secretary of Defense that such individual no longer poses a threat to the United States or United States persons or interests.

(3) FORM.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(h) Interim prohibition.—The prohibition in section 1022 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1911) shall apply to funds appropriated or otherwise made available for fiscal year 2015 for the Department of Defense from the date of the enactment of this Act until the effective date specified in subsection (g).

(i) Consideration by Congress of Secretary of Defense report.—

(1) TERMS OF THE RESOLUTION.—For purposes of this section the term “joint resolution” means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Secretary of Defense submits to Congress a report under subsection (g) and—

(A) which does not have a preamble;

(B) the matter after the resolving clause of which is as follows: “That Congress disapproves the report of the Secretary of Defense under section 1031(g) of the Carl Levin National Defense Authorization Act for Fiscal Year 2015 as submitted by the Secretary of Defense to Congress on ______”, the blank space being filled in with the appropriate date; and

(C) the title of which is as follows: “Joint resolution disapproving the Guantanamo Detention Facility Closure report of the Secretary of Defense.”.

(2) REFERRAL.—A resolution described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in paragraph (1) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate.

(3) DISCHARGE.—If the committee to which a resolution described in paragraph (1) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Secretary submits to Congress a report under subsection (g), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

(4) CONSIDERATION.— (A) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under paragraph (3)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.

(B) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

(C) Immediately following the conclusion of the debate on a resolution described in paragraph (1) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.

(D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate.

(5) CONSIDERATION BY OTHER HOUSE.— (A) If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply:

(i) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in clause (ii)(II).

(ii) With respect to a resolution described in paragraph (1) of the House receiving the resolution—

(I) the procedure in that House shall be the same as if no resolution had been received from the other House; but

(II) the vote on final passage shall be on the resolution of the other House.

(B) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.

(6) RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.—This subsection is enacted by Congress—

(A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

(j) Definitions.—In this section:

(1) The term “appropriate committees of Congress” means—

(A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) The term “individual detained at Guantanamo” 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.

SEC. 1032. Report on facilitation of transfer overseas of certain individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

(a) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the actions that have been taken and are planned to be taken to facilitate the transfer overseas of individuals detained at Guantanamo who have been approved for transfer.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) For each individual detained at Guantanamo in detention as of December 26, 2013, who has been approved for transfer overseas and has not been so transferred, a description of factors impeding the transfer.

(2) A description of the actions that have been taken by the Department of Defense and other Federal agencies to address the factors described in paragraph (1) impeding the transfer overseas of individuals described in that paragraph.

(3) A description of additional actions that are planned to be taken to address the factors described in paragraph (1) impeding the transfer overseas of such individuals.

(4) Such recommendations for legislative action as the Secretaries jointly consider appropriate to facilitate the transfer overseas of such individuals.

(c) Treatment as approved for transfer.—For purposes of this section, an individual shall be considered to have been approved for transfer if—

(1) the individual was approved for transfer under the review conducted by the Guantanamo Detainee Review Task Force established pursuant to Executive Order 13492;

(2) the Secretary of Defense determines, following a review conducted in accordance with the requirements of section 1023 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note) and Executive Order 13567, that the individual is no longer a threat to the national security of the United States; or

(3) the individual has been approved for transfer consistent with the provisions of section 1035 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 851; 10 U.S.C. 801 note).

(d) Definitions.—In this section:

(1) The term “appropriate committees of Congress” means—

(A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) The term “individual detained at Guantanamo” has the meaning given that term in section 1031(i)(2).

SEC. 1033. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment.

(a) Transfer for emergency or critical medical treatment authorized.—Notwithstanding section 1031(a), or any other provision of law enacted after September 30, 2013, but subject to subsection (b), the Secretary of Defense may temporarily transfer any individual detained at Guantanamo to a Department of Defense medical facility in the United States for the sole purpose of providing the individual medical treatment if the Secretary determines that—

(1) the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, has determined that the medical treatment is necessary to prevent death or imminent significant injury or harm to the health of the individual;

(2) based on the recommendation of the Senior Medical Officer, Joint Task Force–Guantanamo Bay, Cuba, the medical treatment is not available to be provided at United States Naval Station, Guantanamo Bay, Cuba, without incurring excessive and unreasonable costs; and

(3) the Department of Defense has provided for appropriate security measures for the custody and control of the individual during any period in which the individual is temporarily in the United States under this subsection.

(b) Notice to Congress required before transfer.—

(1) IN GENERAL.—In addition to the requirements in subsection (a), an individual may not be temporarily transferred under the authority in that subsection unless the Secretary of Defense submits to the appropriate committees of Congress the notice described in paragraph (2)—

(A) not later than 30 days before the date of the proposed transfer; or

(B) if notice cannot be provided in accordance with subparagraph (A) because of an especially immediate need for the provision of medical treatment to prevent death or imminent significant injury or harm to the health of the individual, as soon as is practicable, but not later than 5 days after the date of transfer.

(2) NOTICE ELEMENTS.—The notice on the transfer of an individual under this subsection shall include the following:

(A) A statement of the basis for the determination that the transfer is necessary to prevent death or imminent significant injury or harm to the health of the individual.

(B) The specific Department of Defense medical facility that will provide medical treatment to the individual.

(C) A description of the actions the Secretary determines have been taken, or will be taken, to address any risk to the public safety that could arise in connection with the provision of medical treatment to the individual in the United States.

(c) Limitation on exercise of authority.—The authority of the Secretary of Defense under subsection (a) may be exercised only by the Secretary of Defense or by another official of the Department of Defense at the level of Under Secretary of Defense or higher.

(d) Conditions of transfer.—An individual who is temporarily transferred under the authority in subsection (a) shall—

(1) while in the United States, remain in the custody and control of the Secretary of Defense at all times; and

(2) be returned to United States Naval Station, Guantanamo Bay, Cuba, as soon as feasible after a Department of Defense physician determines that—

(A) the individual is medically cleared to travel; and

(B) in consultation with the Commander, Joint Task Force–Guantanamo Bay, Cuba, any necessary follow-up medical care may reasonably be provided the individual at United States Naval Station, Guantanamo Bay, Cuba.

(e) Status while in United States.—An individual who is temporarily transferred under the authority in subsection (a), while in the United States—

(1) shall be deemed at all times and in all respects to be in the uninterrupted custody of the Secretary of Defense, as though the individual remained physically at United States Naval Station, Guantanamo Bay, Cuba;

(2) shall not at any time be subject to, and may not apply for or obtain, or be deemed to enjoy, any right, privilege, status, benefit, or eligibility for any benefit under any provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), or any other law or regulation;

(3) shall not be permitted to avail himself of any right, privilege, or benefit of any law of the United States beyond those available to individuals detained at United States Naval Station, Guantanamo Bay, Cuba; and

(4) shall not, as a result of such transfer, have a change in any designation that may have attached to that detainee while detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107–40), as determined in accordance with applicable law and regulations..

(f) Judicial review precluded.—

(1) NO CREATION OF ENFORCEABLE RIGHTS.—Nothing in this section is intended to create any enforceable right or benefit, or any claim or cause of action, by any party against the United States, or any other person or entity.

(2) LIMITATION ON JUDICIAL REVIEW.—Except as provided in paragraph (3), no court, justice, or judge shall have jurisdiction to hear or consider any claim or action against the United States or its agents relating to any aspect of the detention, transfer, treatment, or conditions of confinement of an individual transferred under this section.

(3) HABEAS CORPUS.—

(A) JURISDICTION.—The United States District Court for the District of Columbia shall have exclusive jurisdiction to consider an application for writ of habeas corpus challenging the fact or duration of detention and seeking release from custody filed by or on behalf of an individual who is in the United States pursuant to a temporary transfer under subsection (a). Such jurisdiction shall be limited to that required by the Constitution with respect to the fact or duration of detention.

(B) SCOPE OF AUTHORITY.—A court order in a proceeding covered by paragraph (3) may not—

(i) review, halt, or stay the return of the individual who is the object of the application to United States Naval Station, Guantanamo Bay, Cuba, including pursuant to subsection (d); or

(ii) order the release of the individual within the United States.

(g) Definitions.—In this section:

(1) The term “appropriate committees of Congress” has the meaning given that term in section 1031(i)(1).

(2) The term “individual detained at Guantanamo” has the meaning given that term in section 1031(i)(2).

SEC. 1034. Prohibition on transfer or release to Yemen of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

None of the amounts authorized to be appropriated or otherwise available to the Department of Defense may be used to transfer, release, or assist in the transfer or release, during the period beginning on the date of the enactment of this Act and ending on December 31, 2015, of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of the Republic of Yemen or any entity within Yemen.

subtitle EMiscellaneous Authorities and Limitations

SEC. 1041. Reduction in Department of Defense civilian personnel and review of certain headquarters spending.

(a) Report on certain civilian positions in Department of Defense.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:

(1) The total number of civilian positions created in the Department of Defense between September 11, 2001, and December 31, 2013, as a result of conversions of support functions from performance by military personnel to performance by civilian personnel, set forth separated by the number of each of administrative, technical, and medical positions.

(2) The total number of civilian positions created as described in paragraph (1) that were created as temporary provisions and are now being converted back to military positions.

(3) The total number of civilian positions created as described in paragraph (1) that have been or are being eliminated.

(b) Sense of Congress.—It is the sense of Congress that the number of civilian positions in the Department of Defense created as described in subsection (a)(1) should be reduced simultaneously with reductions in the end strengths of the Armed Forces, and by the same percentages as the reductions in such end strengths which such reductions in civilian positions accompany.

(c) Review of spending on headquarters in lower echelon commands.—The Secretary shall conduct a review of spending on headquarters in commands at command echelons below the level of major command with the objective of—

(1) identifying opportunities to consolidate or eliminate commands that are geographically close or have similar missions;

(2) seeking further opportunities to centralize administrative and command support services, functions, or programs; and

(3) identifying means of achieving a reduction in spending for headquarters at such commands by an amount that is not less than the amount equal to 10 percent of the spending for headquarters of such commands in fiscal year 2014.

(d) Revision of Department of Defense instruction 5100.73, major DOD headquarters activities.—The Secretary shall require the Director of Administration and Management, in consultation with the Under Secretary of Defense for Personnel and Readiness, to revise Department of Defense Instruction 5100.73, Major DOD Headquarters Activities, to—

(1) include all major Department of Defense headquarter activity organizations within the purview of the instruction;

(2) specify how contractors performing major Department of Defense headquarters activity functions will be identified and included in headquarters reporting;

(3) clarify how components are to compile the major Department of Defense headquarters activities information needed to respond to the reporting requirements in section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note) and section 115a(f) of title 10, United States Code, as a result of the amendments made by section 1109 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2492); and

(4) establish time frames for implementing the actions required pursuant to paragraphs (1) through (3) in order improve tracking and reporting of headquarters resources for major Department of Defense headquarters.

(e) Guidance for combatant commands.—In order to ensure that the combatant commands are properly sized to meet their assigned missions and to improve the transparency of the authorized manpower, assigned personnel, and mission and headquarters-support costs of the combatant commands, the Secretary shall require—

(1) the Chairman of the Joint Chiefs of Staff to revise Chairman of the Joint Chiefs of Staff Instruction 1001.01A to require—

(A) a comprehensive, periodic evaluation of whether the size and structure of the combatant commands are proper to ensure that the combatant commands meet assigned mission; and

(B) the combatant commands to—

(i) identify, manage, and track all personnel, including temporary personnel such as civilian overhires and Reserves on active duty, in the electronic Joint Manpower and Personnel System (e-JMAPS) of the Joint Staff; and

(ii) identify specific guidelines and timeframes for the combatant commands to consistently input personnel information and review assigned personnel in the electronic Joint Manpower and Personnel System (e-JMAPS) of the Joint Staff;

(2) the Chairman of the Joint Chiefs of Staff, in coordination with the Secretaries of the military departments and the commanders of the combatant commands, to develop and implement a formal process to gather information on authorized manpower and assigned personnel of the component commands of the Armed Forces; and

(3) the Under Secretary of Defense (Comptroller) to revise Department of Defense Financial Management Regulation 7000.14R to require the military departments, in their annual budget documents for operation and maintenance, to identify the authorized military position and civilian and contractor full-time equivalents at each combatant command and provide detailed information on funding required by each combatant command for mission and headquarters support, such as civilian pay, contract services, travel and supplies.

SEC. 1042. Protection of Department of Defense installations.

(a) Secretary of Defense authority.—Chapter 159 of title 10, United States Code, is amended by inserting after section 2671 the following new section:

§ 2672. Protection of buildings, grounds, property, and persons

“(a) In general.—The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.

“(b) Officers and agents.— (1) (A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.

“(B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary considers appropriate.

“(C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following:

“(i) The personnel or positions to be included in the category.

“(ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category.

“(iii) In the case of civilian personnel in that category—

“(I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and

“(II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.

“(D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that—

“(i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and

“(ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.

“(2) Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may—

“(A) enforce Federal laws and regulations for the protection of persons and property;

“(B) carry firearms;

“(C) make arrests—

“(i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or

“(ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;

“(D) serve warrants and subpoenas issued under the authority of the United States; and

“(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.

“(c) Regulations.— (1) The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.

“(2) A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.

“(d) Limitation on delegation of authority.—The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or the Deputy Secretary of Defense.

“(e) Disposition of persons arrested.—A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).

“(f) Facilities and services of other agencies.— (1) In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may use the facilities and services of Federal, State, Indian tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services.

“(2) Services of State, Indian tribal, and local law enforcement, including application of their powers of law enforcement, may be provided under paragraph (1) notwithstanding that the property is subject to the legislative jurisdiction of the United States.

“(g) Authority outside Federal property.—For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, Indian tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, Indian tribal, and local laws concurrently with other Federal law enforcement officers and with State, Indian tribal, and local law enforcement officers.

“(h) Attorney General approval.—The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General.

“(i) Limitation with regard to other Federal agencies.—Nothing in this section shall be construed as affecting the authority of the Secretary of Homeland Security to provide for the protection of facilities under the jurisdiction, custody, or control, in whole or in part, of Federal agencies, including the buildings, grounds, and properties of the General Services Administration, other than the Department of Defense and located off of a military installation.

“(j) Cooperation with local law enforcement agencies.—With regard to civilian officers and agents performing duty in areas outside the property specified in subsection (a), the Secretary shall enter into agreements with local law enforcement agencies exercising jurisdiction over such areas for the purposes of avoiding conflicts of jurisdiction, promoting notification of planned law enforcement actions, and facilitating productive working relationships.

“(k) Limitation on statutory construction.—Nothing in this section shall be construed—

“(1) to preclude or limit the authority of any Federal law enforcement agency;

“(2) to restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) or the authority of the Administrator of General Services, including the authority to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;

“(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);

“(4) to affect chapter 47 of this title (the Uniform Code of Military Justice);

“(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department; or

“(6) to restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 (50 U.S.C. 3609).”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 159 of such title is amended by inserting after the item relating to section 2671 the following new item:


“2672. Protection of buildings, grounds, property, and persons.”.

SEC. 1043. Authority to accept certain voluntary legal support services.

Section 1588(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.”.

SEC. 1044. Inclusion of Chief of the National Guard Bureau among leadership of the Department of Defense provided physical protection and personal security.

(a) Inclusion.—Subsection (a) of section 1074 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 330) is amended—

(1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following new paragraph (7):

“(7) Chief of the National Guard Bureau.”.

(b) Conforming amendment.—Subsection (b)(1) of such section is amended by striking “paragraphs (1) through (7)” and inserting “paragraphs (1) through (8)”.

SEC. 1045. Inclusion of regional organizations in authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense.

(a) Inclusion of regional organizations in authority.—Section 1081 of the National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 168 note) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by inserting “or regional organizations” after “foreign countries”; and

(B) by inserting “or organization” after “ministry” each place it appears in paragraphs (1) and (2); and

(2) in subsection (c), by inserting “and regional organizations” after “defense ministries” each place it appears in paragraphs (1) and (5).

(b) Update of policy guidance on authority.—The Under Secretary of Defense for Policy shall issue an update of the policy of the Department of Defense for assignment of civilian employees of the Department as advisors to foreign ministries of defense and regional organizations under the authority in section 1081 of the National Defense Authorization Act for Fiscal Year 2012, as amended by this section.

(c) Conforming amendment.—The section heading of such section is amended to read as follows:

“SEC. 1081. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and regional organizations”.

SEC. 1046. Extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies.

Section 941(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 184 note) is amended by striking “through 2014” and inserting “through 2017”.

subtitle FStudies and Reports

SEC. 1061. Reports on recommendations of the National Commission on the Structure of the Air Force.

(a) Reports.—Not later than 30 days after the date of the submittal to Congress pursuant to section 1105(a) of title 31, United States Code, of the budget of the President for each of fiscal years 2016 through 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the response of the Air Force to the 42 specific recommendations of the National Commission on the Structure of the Air Force in the report of the Commission pursuant to section 363(b) of the National Commission on the Structure of the Air Force Act of 2012 (subtitle G of title III of Public Law 112–239; 126 Stat. 1704).

(b) Elements of initial report.—The initial report of the Secretary under subsection (a) shall set forth the following:

(1) Specific milestones for review by the Air Force of the recommendations of the Commission described in subsection (a).

(2) A preliminary implementation plan for each of such recommendations that do not require further review by the Air Force as of the date of such report for implementation.

(c) Elements of subsequent reports.—Each report of the Secretary under subsection (a) after the initial report shall set forth the following:

(1) An implementation plan for each of the recommendations of the Commission described in subsection (a), and not previously covered by a report under this section, that do not require further review by the Air Force as of the date of such report for implementation.

(2) A description of the accomplishments of the Air Force in implementing the recommendations of the Commission previously identified as not requiring further review by the Air Force for implementation in an earlier report under this section, including a description of any such recommendation that is fully implemented as of the date of such report.

(d) Deviation from Commission recommendations.—If any implementation plan under this section includes a proposal to deviate in a material manner from a recommendation of the Commission described in subsection (a), the report setting forth such implementation plan shall—

(1) describe the deviation; and

(2) include a justification of the Air Force for the deviation.

(e) Allocation of savings.—Each report of the Secretary under subsection (a) shall—

(1) identify any savings achieved by the Air Force as of the date of such report in implementing the recommendations of the Commission described in subsection (a) when compared with spending anticipated by the budget of the President for fiscal year 2015; and

(2) indicate the manner in which such savings affected the budget request of the President for the fiscal year beginning in the year in which such report is submitted.

SEC. 1062. Review of operation of certain ships during the Vietnam era.

(a) Review required.—By not later than one year after the date of the enactment of this Act, the Secretary of Defense shall review the logs of each ship under the authority of the Secretary of the Navy that is known to have operated in the waters near Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, to determine—

(1) whether each such ship operated in the territorial waters of the Republic of Vietnam during such period; and

(2) for each such ship that so operated—

(A) the date or dates when the ship so operated; and

(B) the distance from the shore of the location where the ship operated that was the closest proximity to shore.

(b) Provision of information to Secretary of Veterans Affairs.—Upon a determination that any such ship so operated, the Secretary of Defense shall provide such determination, together with the information described in subsection (a)(2) about the ship, to the Secretary of Veteran Affairs.

SEC. 1063. Assessment of the operations research tools, processes, and capabilities in support of requirements analysis for major defense acquisition programs and allocation of intelligence, surveillance, and reconnaissance assets.

(a) Assessment.—The Vice Chairman of the Joint Chiefs of Staff, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of Cost Assessment and Program Evaluation, shall conduct an assessment of the following:

(1) The potential benefits to systems acquisition of increased application of rigorous operations research tools, processes, and capabilities to the analysis of requirements for major defense acquisition programs and the programs of Major Automated Information Systems (commonly referred to as “MAIS”) to achieve balance between cost, performance, schedule, and risk requirements at the beginning of such programs and at subsequent milestone reviews.

(2) The potential benefits to the prioritization and allocation of existing intelligence, surveillance, and reconnaissance assets to the combatant commands of increased application of rigorous evidence-based operations research tools, processes, and capabilities to the analysis of the requirements submitted by the commanders of the combatant commands.

(3) The standardization and quality of the data related to requirements submitted by the commanders of the combatant commands for intelligence, surveillance, and reconnaissance support that are collected and available to assess those requirements.

(4) The contribution of operations research to the decision making process within the Joint Requirements Oversight Council (commonly referred to as “JROC”) and the senior leadership in the Joint Staff for fixing requirements for systems acquisitions and validating and prioritizing intelligence, surveillance, and reconnaissance assets.

(5) The operations research resources, both government employee and contractor operations research professionals, available in the Cost Assessment and Program Evaluation office (commonly referred to as “CAPE”), the Warfighting Analysis Division of the Force Structure, Resources, and Assessment directorate of the Joint Staff (commonly referred to as the “J8”), other elements of such directorate, the Joint Functional Component Command for Intelligence, Surveillance, and Reconnaissance (commonly referred to as “JFCC ISR”), and such other elements of the Department of Defense or the intelligence community (as defined in section 4 of the National Security Act of 1947 (50 U.S.C. 3003)) as the Vice Chairman considers appropriate for purposes of this subsection.

(6) The extent to which the resources described in paragraph (5) are utilized, and the degree to which they could and should be utilized, to support the analysis, validation, and prioritization of requirements for intelligence, surveillance, and reconnaissance among the commanders of the geographic combatant commands and for new system acquisitions.

(7) Whether additional operations research capability is needed to effectively support the requirements analysis responsibilities of the Joint Requirements Oversight Council and the Chairman of the Joint Chiefs of Staff.

(8) Whether the current policies and processes relating to the analysis, validation, and prioritization of requirements for intelligence, surveillance, and reconnaissance assets under the Global Force Management process need to be modified, including consideration of the following:

(A) Making the personnel and other resources for processing, exploitation, and dissemination part of the Global Force Management process, and creating means to re-allocate resources for processing, exploitation, and dissemination, including across combatant commands, when missions or sorties cannot be executed as planned.

(B) Integrating the assessment division of the Joint Functional Component Command for Intelligence, Surveillance, and Reconnaissance more closely with the Force Structure, Resources, and Assessment directorate of the Joint Staff to support analysis and validation of requirements of the combatant commands.

(C) Standardizing the requirements prioritization schema, tools, and data used by the geographic combatant commands.

(D) Standardizing the qualifications and training of personnel of the geographic combatant commands that are responsible for generating requirements.

(E) Factoring national intelligence collection operations into the Global Force Management process for analyzing and validating requirements of the geographic combatant commands.

(F) Creating larger number of discriminating standard metrics for support of intelligence, surveillance, and reconnaissance in addition to combat air patrol orbits, sorties per month, or hours of collection.

(b) Briefing of Congress on findings.—Not later than 180 days after the date of the enactment of this Act, the Vice Chairman of the Joint Chiefs of Staff, in consultation with the Under Secretary of Defense for Acquisition and the Director of Cost Assessment and Program Evaluation, shall brief the congressional defense committees on the findings of the Vice Chairman with respect to the assessment conducted under subsection (a).

(c) Submittal to Congress of operations research analysis of requirements for ISR asset allocation in GFMAP for FY2015.—Not later than 90 days after the date of the enactment of this Act, the Vice Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees and the congressional intelligence committees (as defined in section 4 of the National Security Act of 1947 (50 U.S.C. 3003)) the data collected and the operations research analysis of that data used to validate the requirements submitted by the commanders of the combatant commands for intelligence, surveillance, and reconnaissance asset prioritization and allocation under the Global Force Management Allocation Plan for fiscal year 2015.

SEC. 1064. Review of United States military strategy and the force posture of allies and partners in the United States Pacific Command area of responsibility.

(a) Independent review.—

(1) IN GENERAL.—The Secretary of Defense shall commission an independent review of the United States Asia-Pacific re-balance, with a focus on policy issues that will be critical during the 10-year period beginning on the date of the enactment of this Act, including the national security interests and military strategy of the United States in the Asia-Pacific region.

(2) CONDUCT OF REVIEW.—The review conducted pursuant to paragraph (1) shall be conducted by an independent organization that has—

(A) recognized credentials and expertise in maritime strategy and military affairs; and

(B) access to policy experts throughout the United States and from the Asia-Pacific region.

(3) ELEMENTS.—The review conducted pursuant to paragraph (1) shall include the following elements:

(A) An assessment of the current and planned United States force posture adjustments and the impact of such adjustments on the strategy to re-balance to the Asia-Pacific region.

(B) An assessment of the risks to United States national security interests in the United States Pacific Command area of responsibility during the 10-year period beginning on the date of the enactment of this Act posed by potential adversaries or emerging technologies.

(C) An analysis of the willingness and capacity of allies, partners, and regional organizations to contribute to the security and stability of the Asia-Pacific region, including potential required adjustments to United States military strategy based on that analysis.

(D) An evaluation of current and projected wide-area, long-range, persistent intelligence, surveillance, and reconnaissance capabilities and capability gaps of the United States and its partners.

(E) An analysis of regional ballistic missile capabilities and adequacy of regional and United States missile defense plans and capabilities for the Asia-Pacific region.

(F) An appraisal of the Arctic ambitions of actors in the Asia-Pacific region in the context of current and projected capabilities, including an analysis of the adequacy and relevance of the Arctic Roadmap prepared by the Navy.

(G) An evaluation of partner capacity building efforts of the United States Pacific Command in the context of current and projected threats with a focus on maritime domain awareness, maritime security, and border security capabilities, including—

(i) an examination of the capabilities and naval force posture of allies and partners of the United States, with specific focus on current and projected submarine capabilities of United States and regional actors and the implications for maritime security strategy;

(ii) an assessment of the advantages or disadvantages of the formation of an East Asian maritime security partnership; and

(iii) a description of the role of multilateral organizations, such as the Association of Southeast Asian Nations, in reducing tensions and negotiating resolution of maritime disputes.

(H) The views of noted policy leaders and regional experts, including military commanders, in the Asia-Pacific region.

(b) Report.—

(1) SUBMISSION TO THE SECRETARY OF DEFENSE.—Not later than 180 days after the date of the enactment of this Act, the independent organization that conducted the review pursuant to subsection (a)(1) shall submit to the Secretary of Defense an unclassified report, along with a classified annex, containing the findings of the review.

(2) SUBMISSION TO CONGRESS.—Not later than 90 days after the date of receipt of the report required by paragraph (1), the Secretary of Defense shall submit to the congressional defense committees the report, together with any comments on the report that the Secretary considers appropriate.

SEC. 1065. Department of Defense policies on community involvement in Department community outreach events.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth such recommendations as the Secretary considers appropriate for modifications of the policies of the Department of Defense on the involvement of non-Federal entities in Department community outreach events (including, but not limited to, air shows, parades, and open houses) that feature any unit, aircraft, vessel, equipment, or members of the Armed Forces in order to increase the involvement of non-Federal entities in such events.

(b) Consultation.—The Secretary shall prepare the report required by subsection (a) in consultation with the Director of the Office of Government Ethics.

(c) Elements.—The report required by subsection (a) shall include the following:

(1) A description of current Department of Defense policies and regulations on the acceptance and use of voluntary gifts, donations, sponsorships, and other forms of support from non-Federal entities and persons for Department community outreach events described in subsection (a).

(2) Recommendations for modifications of such policies and regulations in order to permit additional voluntary support and funding from non-Federal entities for such events, including recommendations on matters such as increased recognition of donors, authority for military units to endorse the fundraising efforts of certain donors, and authority for the Armed Forces to charge fees or solicit and accept donations for parking and admission to such events.

SEC. 1066. Comptroller General of the United States briefing and report on management of the conventional ammunition demilitarization stockpile of the Department of Defense.

(a) Finding.—Congress finds that the Comptroller General of the United States recently reported that there is risk that the Armed Forces may budget funds to procure new supplies of conventional ammunition to meet requirements when such ammunition is currently available in the inventories of the Department of Defense, but categorized for demilitarization or disposal.

(b) Briefing and report.—

(1) IN GENERAL.—The Comptroller General shall provide a briefing and submit a report to the congressional defense committees on the management of the conventional ammunition demilitarization stockpile of the Department of Defense

(2) ELEMENTS.—The briefing and report required by paragraph (1) shall include the following:

(A) An assessment of the adequacy of Department policies and procedures governing the demilitarization of excess, obsolete, and unserviceable conventional ammunition.

(B) An assessment of the adequacy of the maintenance by the Department of information on the quantity, value, condition, and location of excess, obsolete, and unserviceable conventional ammunition for each of the Armed Forces.

(C) An assessment whether the Department has conducted an analysis comparing the costs of storing and maintaining items in the conventional ammunition demilitarization stockpile with the costs of the disposal of items in the stockpile.

(D) An assessment whether the Department has—

(i) identified challenges in managing the current and anticipated conventional ammunition demilitarization stockpile; and

(ii) if so, developed mitigation plans to address such challenges.

(E) Such other matters relating to the management of the conventional ammunition demilitarization stockpile as the Comptroller General considers appropriate.

(3) DEADLINES.—The briefing required by paragraph (1) shall be provided not later than April 30, 2015. The report required by that paragraph shall be submitted not later than June 1, 2015.

SEC. 1067. Repeal and modification of reporting requirements.

(a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:

(1) Section 1073b is repealed.

(2) The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 1073b.

(b) National defense authorization acts.—

(1) FISCAL YEAR 2012.—Subsection (b) of section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576) is amended to read as follows:

“(b) Form of reports.—Any report under subsection (a) may be submitted in classified form.”.

(2) FISCAL YEAR 2008.—Section 330(e)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68), as most recently amended by section 332 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1697), is further amended by adding at the end the following new sentence: “However, a report is not required under this paragraph for any fiscal year during which the Secretary concerned did not use the authority in subsection (a).”.

(3) FISCAL YEAR 2004.—Subsection (d) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2806(d) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4725), is further amended—

(A) in the heading by striking “quarterly” and inserting “annual”;

(B) in paragraph (1)—

(i) by striking “fiscal-year quarter” and inserting “fiscal year”; and

(ii) by striking “quarter” and inserting “fiscal year”; and

(C) in paragraph (2), by striking “all of the quarterly reports that were” and inserting “the report”.

(c) Inclusion of extremity trauma and amputation center of excellence annual report in Department of Veterans Affairs and Department of Defense joint annual report on health care coordination and sharing activities.—

(1) Section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4508) is amended by striking subsection (d).

(2) Section 8111(f) of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(6) The two Secretaries shall include in the annual report under this subsection a report on the activities of the Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations (established pursuant to section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417)) during the one-year period ending on the date of such report. Such report shall include a description of the activities of the center and an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.”.

SEC. 1068. Repeal of requirement for Comptroller General of the United States annual reviews and report on pilot program on commercial fee-for-service air refueling support for the Air Force.

Section 1081 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–81; 122 Stat. 335) is amended by striking subsection (d).

subtitle GUniformed Services Voting

PART IProvision of voter assistance to members of the Armed Forces

SEC. 1071. Provision of annual voter assistance.

(a) Annual voter assistance.—

(1) IN GENERAL.—Chapter 80 of title 10, United States Code, is amended by inserting after section 1566a the following new section:

§ 1566b. Annual voter assistance

“(a) In general.—The Secretary of Defense shall carry out the following activities:

“(1) In coordination with the Secretary of each military department—

“(A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to—

“(i) register to vote in an election for Federal office;

“(ii) update the member's voter registration information; or

“(iii) request an absentee ballot; and

“(B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A).

“(2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that—

“(A) provides an electronic means for carrying out the requirements of paragraph (1);

“(B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)), directs such individual to that system; and

“(C) in the case of an individual using the official post card form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to register to vote and request an absentee ballot—

“(i) pre-populates such official post card form with the personal information of such individual, and

“(ii) (I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official post card form; or

“(II) transmits the completed official post card form electronically to the appropriate State or local election officials.

“(3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers a notification via electronic means to such member that—

“(A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and

“(B) includes instructions on how to update such voter registration using the online system developed under paragraph (2).

“(b) Data collection.—The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 1071(b) of the Carl Levin National Defense Authorization Act for Fiscal Year 2015 and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)(2)) in a manner that complies with section 552a of title 5 (commonly known as the Privacy Act of 1974), and imposes no new record management burden on any military unit or military installation.

“(c) Regulations.—Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1566a the following new item:


“1566b. Annual voter assistance.”.

(b) Report on status of implementation.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant committees of Congress a report on the status of the implementation of the requirements of section 1566b of title 10, United States Code, as added by subsection (a)(1).

(2) ELEMENTS.—The report under paragraph (1) shall include—

(A) a detailed description of any specific steps already taken towards the implementation of the requirements of such section 1566b;

(B) a detailed plan for the implementation of such requirements, including milestones and deadlines for the completion of such implementation;

(C) the costs expected to be incurred in the implementation of such requirements;

(D) a description of how the annual voting assistance and system under subsection (a)(3) of such section will be integrated with Department of Defense personnel databases that track military servicemembers' address changes;

(E) an estimate of how long it will take an average member to complete the voter assistance process required under subsection (a)(1) of such section;

(F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of the online system under subsection (a)(2) of such section; and

(G) a summary of any objections, concerns, or comments made by State or local election officials regarding the implementation of such section.

(3) RELEVANT COMMITTEES OF CONGRESS DEFINED.—In this subsection, the term “relevant committees of Congress” means—

(A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and

(B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

SEC. 1072. Designation of voter assistance offices.

Section 1566a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “Not later than” and all that follows through “subsection (f), the Secretaries” and inserting “The Secretaries”; and

(B) by striking “shall designate” and inserting “may designate”;

(2) in subsection (c), by striking “shall ensure” and all that follows through “necessity,” and inserting “may ensure”;

(3) in subsection (d), by striking “shall” and inserting “may”;

(4) in subsection (e), by striking the second sentence and inserting the following: “Any office so designated may provide voting assistance described in this section.”; and

(5) in subsection (f)—

(A) in the first sentence—

(i) by striking “shall” and inserting “may”; and

(ii) by striking “the requirements of”; and

(B) by striking the second sentence.

PART IIElectronic voting systems

SEC. 1076. Repeal of electronic voting demonstration project.

Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 (42 U.S.C. 1973ff note) is repealed.

subtitle HOther Matters

SEC. 1081. Biennial surveys of Department of Defense civilian employees on workplace and gender relations matters.

(a) Surveys required.—

(1) IN GENERAL.—Chapter 23 of title 10, United States Code, is amended by inserting after section 481 the following new section:

§ 481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees

“(a) In general.— (1) The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of Defense to solicit information on gender issues, including issues relating to gender-based assault, harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department.

“(2) Each survey under this section shall be known as a ‘Department of Defense Civilian Employee Workplace and Gender Relations Survey’.

“(b) Elements.—Each survey conducted under this section shall be conducted so as to solicit information on the following:

“(1) Indicators of positive and negative trends for professional and personal relationships between male and female civilian employees of the Department of Defense.

“(2) The specific types of assault on civilian employees of the Department by other personnel of the Department (including contractor personnel) that have occurred, and the number of times each respondent has been so assaulted during the preceding fiscal year.

“(3) The effectiveness of Department policies designed to improve professional relationships between male and female civilian employees of the Department.

“(4) The effectiveness of current processes for complaints on and investigations into gender-based assault, harassment, and discrimination involving civilian employees of the Department.

“(5) Any other issues relating to assault, harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate.

“(c) Report to Congress.—Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 481 the following new item:


“481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees.”.

(3) INITIAL SURVEY.—The Secretary of Defense shall carry out the first survey required by section 481a of title 10, United States Code (as added by this subsection), during fiscal year 2016.

(b) Report on feasibility of similar surveys of military dependents and Department of Defense contractors.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment by the Secretary of the feasibility of conducing recurring surveys of each population specified in paragraph (2) on issues relating to gender-based assault, harassment, and discrimination.

(2) COVERED POPULATIONS.—The populations specified in this paragraph are the following:

(A) Military dependents.

(B) Contractors of the Department of Defense.

SEC. 1082. Transfer of administration of Ocean Research Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration.

(a) Authority for ocean research advisory panel.—Subsection (a) of section 7903 of title 10, United States Code, is amended—

(1) in the matter preceding paragraph (1)—

(A) by inserting “, through the Administrator of the National Oceanic and Atmospheric Administration,” after “The Council”;

(B) by striking “Panel consisting” and inserting “Panel. The Panel shall consist”; and

(C) by striking “chairman,” and inserting “Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council,”;

(2) in paragraph (1), by striking “National Academy of Science.” and inserting “National Academies.”; and

(3) by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively.

(b) Responsibilities of panel.—Subsection (b) of such section is amended—

(1) by inserting “, through the Administrator of the National Oceanic and Atmospheric Administration,” after “The Council”;

(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(3) by striking paragraph (2) and inserting the following new paragraphs (2) and (3):

“(2) To advise the Council on the determination of scientific priorities and needs.

“(3) To provide the Council strategic advice regarding execution and collaboration related to the National Oceanographic Partnership Program.”.

(c) Funding to support activities of panel.—Subsection (c) of such section is amended by striking “Secretary of the Navy” and inserting “Secretary of Commerce”.

SEC. 1083. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel.

(a) Authority.—Subsection (e) of section 5911 of title 5, United States Code, is amended—

(1) by striking “The head” and inserting “(1) Except as provided in paragraph (2), the head”; and

(2) by adding at the end the following new paragraph:

“(2) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the jurisdiction of the Secretary who is performing duty on official travel to occupy adequate quarters on a rental basis when available.”.

(b) Definition of quarters.—Subsection (a)(5) of such section is amended by inserting “or commercial lodging arranged through a Government lodging program” after “leased by the Government”.

(c) Report.—

(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the exercise of the authority provided by paragraph (2) of section 5911(e) of title 5, United States Code (as added by subsection (a)). The report shall include the following:

(A) The date, if any, on which the exercise of the authority commenced.

(B) The manner in which the authority has been exercised.

(C) An estimate of the savings achieved by the Department of Defense through the exercise of the authority, and an estimate of the additional savings to be achieved by the Department over the course of the future-years defense program current as of the date of such report.

(D) An assessment whether the quality of lodging has improved for civilian employees of the Department of Defense and members of the Armed Forces as a result of the exercise of the authority.

(E) Such other matters relating to the exercise of the authority as the Secretary considers appropriate.

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term “appropriate committees of Congress” means—

(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.

SEC. 1084. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities.

(a) Eligible categories of transportation.—Subsection (a) of section 2642 of title 10, United States Code, is amended—

(1) in the matter preceding paragraph (1), by striking “The Secretary” and inserting “Subject to subsection (b), the Secretary”;

(2) in paragraph (3)—

(A) by striking “During the period beginning on October 28, 2009, and ending on October 28, 2019, for” and inserting “For”; and

(B) by striking “of Defense” the first place it appears and all that follows through “military sales” and inserting “of Defense”; and

(3) by adding at the end the following new paragraphs:

“(4) For military transportation services provided in support of foreign military sales.

“(5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).

“(6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.”.

(b) Termination of authority for certain categories of transportation.—Such section is further amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection (b):

“(b) Termination of authority for certain categories of transportation.—The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019.”.

(c) Clerical amendments.—

(1) SECTION HEADING.—The heading of such section is amended to read as follows:

§ 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate”.

(2) TABLE OF SECTIONS.—The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows:


“2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate.”.

SEC. 1085. Pilot program to rehabilitate and modify homes of disabled and low-income veterans.

(a) Definitions.—In this section:

(1) DISABLED.—The term “disabled” means an individual with a disability, as defined by section 12102 of title 42, United States Code.

(2) ELIGIBLE VETERAN.—The term “eligible veteran” means a disabled or low-income veteran.

(3) ENERGY EFFICIENT FEATURES OR EQUIPMENT.—The term “energy efficient features or equipment” means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures.

(4) LOW-INCOME VETERAN.—The term “low-income veteran” means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary.

(5) NONPROFIT ORGANIZATION.—The term “nonprofit organization” means an organization that is—

(A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and

(B) exempt from tax under section 501(a) of such Code.

(6) PRIMARY RESIDENCE.—

(A) IN GENERAL.—The term “primary residence” means a single family house, a duplex, or a unit within a multiple-dwelling structure that is the principal dwelling of an eligible veteran and is owned by such veteran or a family member of such veteran.

(B) FAMILY MEMBER DEFINED.—For purposes of this paragraph, the term “family member” includes—

(i) a spouse, child, grandchild, parent, or sibling;

(ii) a spouse of such a child, grandchild, parent, or sibling; or

(iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship.

(7) QUALIFIED ORGANIZATION.—The term “qualified organization” means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals.

(8) SECRETARY.—The term “Secretary” means the Secretary of Housing and Urban Development.

(9) VETERAN.—The term “veteran” has the meaning given the term in section 101 of title 38, United States Code.

(10) VETERANS SERVICE ORGANIZATION.—The term “veterans service organization” means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

(b) Establishment of a pilot program.—

(1) GRANT.—

(A) IN GENERAL.—The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans.

(B) COORDINATION.—The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans.

(C) MAXIMUM GRANT.—A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization.

(2) APPLICATION.—

(A) IN GENERAL.—Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require.

(B) CONTENTS.—Each application submitted under subparagraph (A) shall include—

(i) a plan of action detailing outreach initiatives;

(ii) the approximate number of veterans the qualified organization intends to serve using grant funds;

(iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and

(iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs.

(C) PREFERENCES.—In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization—

(i) with experience in providing housing rehabilitation and modification services for disabled veterans; or

(ii) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural, including tribal, areas (the Secretary, through regulations, shall define the term “rural areas”).

(3) CRITERIA.—In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria:

(A) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low-income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals.

(B) Have established outreach initiatives that—

(i) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program;

(ii) ensure veterans who are disabled receive preference in selection for assistance under this program; and

(iii) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work.

(C) Have an established nationwide or statewide network of affiliates that are—

(i) nonprofit organizations; and

(ii) able to provide housing rehabilitation and modification services for eligible veterans.

(D) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities.

(4) USE OF FUNDS.—A grant award under the pilot program shall be used—

(A) to modify and rehabilitate the primary residence of an eligible veteran, and may include—

(i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to—

(I) accommodate the functional limitations that result from having a disability; or

(II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling;

(ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and

(iii) installing energy efficient features or equipment if—

(I) an eligible veteran’s monthly utility costs for such residence is more than 5 percent of such veteran’s monthly income; and

(II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; and

(B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program.

(5) OVERSIGHT.—The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans.

(6) MATCHING FUNDS.—

(A) IN GENERAL.—A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization.

(B) IN-KIND CONTRIBUTIONS.—In order to meet the requirement under subparagraph (A), such organization may arrange for in-kind contributions.

(7) LIMITATION COST TO THE VETERANS.—A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month.

(8) REPORTS.—

(A) ANNUAL REPORT.—The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written—

(i) the number of eligible veterans provided assistance under the pilot program;

(ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity;

(iii) the total number, types, and locations of entities contracted under such program to administer the grant funding;

(iv) the amount of matching funds and in-kind contributions raised with each grant;

(v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program;

(vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program;

(vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program;

(viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and

(ix) any other information that the Secretary considers relevant in assessing such program.

(B) FINAL REPORT.—Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program.

(C) INSPECTOR GENERAL REPORT.—Not later than March 31, 2019, the Inspector General of the Department of Housing and Urban Development shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of—

(i) the use of appropriated funds by the Secretary and by grantees under the pilot program; and

(ii) oversight and accountability of grantees under the pilot program.

(9) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the Department of Housing and Urban Development for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019.

SEC. 1086. Technical and clerical amendments.

(a) Amendment to National Defense Authorization Act for Fiscal Year 2013.—Effective as of January 2, 2013, and as if included therein as enacted, section 604(b)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1774) is amended by striking “the National Defense Authorization Act for Fiscal Year 2013” and inserting “this Act”.

(b) Amendments to title 10, United States Code, to reflect enactment of title 41, United States Code.—Title 10, United States Code, is amended as follows:

(1) Section 2013(a)(1) is amended by striking “section 6101(b)-(d) of title 41” and inserting “section 6101 of title 41”.

(2) Section 2302 is amended—

(A) in paragraph (7), by striking “section 4 of such Act” and inserting “such section”; and

(B) in paragraph (9)(A)—

(i) by striking “section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)” and inserting “chapter 15 of title 41”; and

(ii) by striking “such section” and inserting “such chapter”.

(3) Section 2306a(b)(3)(B) is amended by striking “section 4(12)(C)(i) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(C)(i))” and inserting “section 103(3)(A) of title 41”.

(4) Section 2314 is amended by striking “Sections 6101(b)-(d)” and inserting “Sections 6101”.

(5) Section 2321(f)(2) is amended by striking “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))” and inserting “section 104 of title 41”.

(6) Section 2359b(k)(4)(A) is amended by striking “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and inserting “section 110 of title 41”.

(7) Section 2379 is amended—

(A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and inserting “section 103 of title 41”; and

(B) in subsections (b) and (c)(1), by striking “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))” and inserting “section 104 of title 41”.

(8) Section 2410m(b)(1) is amended—

(A) in subparagraph (A)(i), by striking “section 7 of such Act” and inserting “section 7104(a) of such title”; and

(B) in subparagraph (B)(ii), by striking “section 7 of the Contract Disputes Act of 1978” and inserting “section 7104(a) of title 41”.

(9) Section 2533(a) is amended by striking “such Act” in the matter preceding paragraph (1) and inserting “chapter 83 of such tittle”.

(10) Section 2533b is amended—

(A) in subsection (h)—

(i) in paragraph (1), by striking “sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431)” and inserting “sections 1906 and 1907 of title 41”; and

(ii) in paragraph (2), by striking “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))” and inserting “section 104 of title 41”; and

(B) in subsection (m)—

(i) in paragraph (2), by striking “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and inserting “section 105 of title 41”;

(ii) in paragraph (3), by striking “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and inserting “section 131 of title 41”; and

(iii) in paragraph (5), by striking “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))” and inserting “section 104 of title 41”.

(11) Section 2545(1) is amended by striking “section 4(16) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(16))” and inserting “section 131 of title 41”.

(12) Section 7312(f) is amended by striking “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and inserting “Section 6101 of title 41”.

(c) Amendments to other defense-related statutes to reflect enactment of title 41, United States Code.—

(1) The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383) is amended as follows:

(A) Section 846(a) (10 U.S.C. 2534 note) is amended—

(i) by striking “the Buy American Act (41 U.S.C. 10a et seq.)” and inserting “chapter 83 of title 41, United States Code”; and

(ii) by striking “that Act” and inserting “that chapter”.

(B) Section 866 (10 U.S.C. 2302 note) is amended—

(i) in subsection (b)(4)(A), by striking “section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)” and inserting “chapter 15 of title 41, United States Code”; and

(ii) in subsection (e)(2)(A), by striking “section 4(13) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(13))” and inserting “section 110 of title 41, United States Code”.

(C) Section 893(f)(2) (10 U.S.C. 2302 note) is amended by striking “section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)” and inserting “chapter 15 of title 41, United States Code”.

(2) The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended as follows:

(A) Section 805(c)(1) (10 U.S.C. 2330 note) is amended—

(i) in subparagraph (A), by striking “section 4(12)(E) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(E))” and inserting “section 103(5) of title 41, United States Code”; and

(ii) in subparagraph (C)(i), by striking “section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F))” and inserting “section 103(6) of title 41, United States Code”.

(B) Section 821(b)(2) (10 U.S.C. 2304 note) is amended by striking “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and inserting “section 103 of title 41, United States Code”.

(C) Section 847 (10 U.S.C. 1701 note) is amended—

(i) in subsection (a)(5), by striking “section 27(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(e))” and inserting “section 2105 of title 41, United States Code,”;

(ii) in subsection (c)(1), by striking “section 4(16) of the Office of Federal Procurement Policy Act” and inserting “section 131 of title 41, United States Code,”; and

(iii) in subsection (d)(1), by striking “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and inserting “chapter 21 of title 41, United States Code”.

(D) Section 862 (10 U.S.C. 2302 note) is amended—

(i) in subsection (b)(1), by striking “section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)” and inserting “section 1303 of title 41, United States Code,”; and

(ii) in subsection (d)(1), by striking “section 6(j) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(j))” and inserting “section 1126 of title 41, United States Code”.

(3) The John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is amended as follows:

(A) Section 832(d)(3) (10 U.S.C. 2302 note) is amended by striking “section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 357(b))” and inserting “section 6701(3) of title 41, United States Code”.

(B) Section 852(b)(2)(A)(ii) (10 U.S.C. 2324 note) is amended by striking “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and inserting “section 103 of title 41, United States Code”.

(4) Section 8118 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C. 2533a note) is amended by striking “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and inserting “section 1906 of title 41, United States Code”.

(5) The National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) is amended as follows:

(A) Section 812(b)(2) (10 U.S.C. 2501 note) is amended by striking “section 6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))” and inserting “section 1122(a)(4)(A) of title 41, United States Code,”.

(B) Section 1601(c) (10 U.S.C. 2358 note) is amended—

(i) in paragraph (1)(A), by striking “section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act” and inserting “section 1903 of title 41, United States Code”; and

(ii) in paragraph (2)(B), by striking “Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 (41 U.S.C. 57(a) and (b))” and inserting “Section 8703(a) of title 41, United States Code”.

(6) Section 8025(c) of the Department of Defense Appropriations Act, 2004 (Public Law 108–87; 10 U.S.C. 2410d note) is amended by striking “the Javits-Wagner-O'Day Act (41 U.S.C. 46–48)” and inserting “chapter 85 of title 41, United States Code”.

(7) Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended by striking “section 26(f)(5)(B) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)(5)(B))” and inserting “section 1502(b)(3)(B) of title 41, United States Code”.

(8) Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note) is amended by striking “section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))” and inserting “section 1702(c)(1) of title 41, United States Code”.

(9) Section 803(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2306a note) is amended by striking “subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b)” and inserting “section 3503(a)(2) of title 41, United States Code”.

(10) Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note) is amended by striking “section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)” and inserting “section 1902 of title 41, United States Code”.

(11) Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended by striking “section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c))” and inserting “section 1303(a) of title 41, United States Code.”.

(12) Section 3412(k) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 7420 note) is amended by striking “section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c))” and inserting “section 3304(a) of title 41, United States Code”.

(13) Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note) is amended—

(A) in subsection (a)(2)(A), by striking “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and inserting “section 1702(c) of title 41, United States Code,”;

(B) in subsection (d)(1)(B)(ii), by striking “section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))” and inserting “paragraphs (1) and (2) of section 1702(c) of title 41, United States Code”;

(C) in subsection (e)(2)(A), by striking “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and inserting “section 103 of title 41, United States Code”; and

(D) in subsection (h), by striking “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and inserting “chapter 21 of title 41, United States Code”.

(14) Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 note) is amended by striking “section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c))” and inserting “section 1303(a) of title 41, United States Code”.

(15) Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended—

(A) in subsection (b), by striking “section 4(12) of the Office of Federal Procurement Policy Act” and inserting “section 103 of title 41, United States Code”; and

(B) in subsection (c)—

(i) by striking “section 25(a) of the Office of Federal Procurement Policy Act” and inserting “section 1302(a) of title 41, United States Code”; and

(ii) by striking “section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))” and inserting “section 1303(a)(1) of such title 41”.

(16) Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—

(A) by designating the subsection after subsection (k), relating to definitions, as subsection (l); and

(B) in paragraph (8) of that subsection, by striking “the first section of the Act of June 25, 1938 (41 U.S.C. 46; popularly known as the ‘Wagner-O'Day Act’)” and inserting “section 8502 of title 41, United States Code”.

(d) Amendments to title 10, United States Code, to reflect reclassification of provisions of law proposed for codification in title 50, United States Code.—Title 10, United States Code, is amended as follows:

(1) Sections 113(b), 125(a), and 155(d) are amended by striking “(50 U.S.C. 401)” and inserting “(50 U.S.C. 3002)”.

(2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 231a(c)(1) are amended by striking “(50 U.S.C. 404a)” and inserting “(50 U.S.C. 3043)”.

(3) Sections 167(g) and 421(c) are amended by striking “(50 U.S.C. 413 et seq.)” and inserting “(50 U.S.C. 3091 et seq.)”.

(4) Section 201(b)(1) is amended by striking “(50 U.S.C. 403-6(b))” and inserting “(50 U.S.C. 3041(b))”.

(5) Section 429 is amended—

(A) in subsection (a), by striking “(50 U.S.C. 403–1)” and inserting “(50 U.S.C. 3024)”; and

(B) in subsection (e), by striking “(50 U.S.C. 401a(4))” and inserting “(50 U.S.C. 3003(4))”.

(6) Section 442(d) is amended by striking “(50 U.S.C. 404e(a))” and inserting “(50 U.S.C. 3045(a))”.

(7) Section 444 is amended—

(A) in subsection (b)(2), by striking “(50 U.S.C. 403o)” and inserting “(50 U.S.C. 3515)”; and

(B) in subsection (e)(2)(B), by striking “(50 U.S.C. 403a et seq.)” and inserting “(50 U.S.C. 3501 et seq.)”.

(8) Section 457 is amended—

(A) in subsection (a), by striking “(50 U.S.C. 431)” and inserting “(50 U.S.C. 3141)”; and

(B) in subsection (c), by striking “(50 U.S.C. 431(b))” and inserting “(50 U.S.C. 3141(b))”.

(9) Section 462 is amended by striking “(50 U.S.C. 402 note)” and inserting “(50 U.S.C. 3614)”.

(10) Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking “(50 U.S.C. 401a(4))” and inserting “(50 U.S.C. 3003(4))”.

(11) Section 1599a(a) is amended by striking “(50 U.S.C. 402 note)” and inserting “(50 U.S.C. 3614)”.

(12) Section 1605(a)(2) is amended by striking “(50 U.S.C. 403r)” and inserting “(50 U.S.C. 3518)”.

(13) Section 1623(a) is amended by striking “(50 U.S.C. 402 note)” and inserting “(50 U.S.C. 3614)”.

(14) Section 2409(e)(1) is amended by striking “(50 U.S.C. 401a(4))” and inserting “(50 U.S.C. 3003(4))”.

(15) Section 2501(a)(1)(A) is amended by striking “(50 U.S.C. 404a)” and inserting “(50 U.S.C. 3043)”.

(16) Section 2557(c) is amended by striking “(50 U.S.C. 413 et seq.)” and inserting “(50 U.S.C. 3091 et seq.)”.

(17) Section 2723(d)(2) is amended by striking “(50 U.S.C. 413)” and inserting “(50 U.S.C. 3091)”.

(e) Amendments to other defense-related statutes to reflect reclassification of provisions of law proposed for codification in title 50, United States Code.—

(1) The following provisions of law are amended by striking “(50 U.S.C. 401a(4))” and inserting “(50 U.S.C. 3003(4))”:

(A) Section 911(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2271 note).

(B) Sections 801(b)(3) and 911(e)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note; 10 U.S.C. 2271 note).

(C) Section 812(e) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2501 note).

(2) Section 901(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 137 note) is amended by striking “(50 U.S.C. 401 et seq.)” and inserting “(50 U.S.C. 3001 et seq.)”.

(f) Other cross-reference amendments.—

(1) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is amended as follows:

(A) Section 2430(c)(2) is amended by striking “section 2366a(a)(4)” and inserting “section 2366a(a)(6)”.

(B) Section 7292(d)(2) is amended by striking “section 1024(a)” and inserting “section 1018(a)”.

(2) TITLE 40, UNITED STATES CODE.—Section 591(b)(2)(A) of title 40, United States Code, is amended by striking “section 2394 of title 10” and inserting “section 2922a of title 10”.

(g) Date of enactment references.—Title 10, United States Code, is amended as follows:

(1) Section 1218(d)(3) is amended by striking “on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010” and inserting “on October 28, 2014”.

(2) Section 1566a(a) is amended by striking “Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under” and inserting “Under”.

(3) Section 2275(d) is amended—

(A) in paragraph (1), by striking “before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013” and inserting “before January 2, 2013”; and

(B) in paragraph (2), by striking “on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013” and inserting “on or after January 2, 2013”.

(4) Section 2601a(e) is amended by striking “after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012” and inserting “after December 31, 2011,”.

(5) Section 6328(c) is amended by striking “on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010” and inserting “after October 27, 2009,”.

(h) Other amendments to title 10, United States Code.—Title 10, United States Code, is amended as follows:

(1) Section 118 is amended by striking subsection (g).

(2) Section 407(a)(3)(A) is amended by striking the comma after “as applicable”.

(3) Section 429 is amended—

(A) in subsection (a), by striking “Section” in the second sentence and inserting “section”; and

(B) in subsection (c), by striking “act” and inserting “law”.

(4) Section 1074m(a)(2) is amended by striking “subparagraph” in the matter preceding subparagraph (A) and inserting “subparagraphs”.

(5) Section 1154(a)(2)(A)(ii) is amended by striking “U.S.C.1411” and inserting “U.S.C. 1411”.

(6) Section 2222(g)(3) is amended by striking “(A)” after “(3)”.

(7) Section 2335(d) is amended—

(A) by designating the last sentence of paragraph (2) as paragraph (3); and

(B) in paragraph (3), as so designated—

(i) by inserting before “Each of” the following paragraph heading: “Other terms.—”;

(ii) by striking “the term” and inserting “that term”; and

(iii) by inserting “Election” after “Federal Campaign”.

(8) Section 2371 is amended by striking subsection (h).

(9) Section 2601a is amended—

(A) in subsection (a)(1), by striking “issue” and inserting “prescribe”; and

(B) in subsection (d), by striking “issued” and inserting “prescribed”.

(10) Section 2853(c)(1)(A) is amended by striking “can be still be” and inserting “can still be”.

(11) Section 2866(a)(4)(A) is amended by striking “repayed” and inserting “repaid”.

(12) Section 2884(c) is amended by striking “on evaluation” in the matter preceding paragraph (1) and inserting “an evaluation”.

(i) Transfer of section 2814 to chapter 631.—

(1) TRANSFER AND REDESIGNATION.—Section 2814 of title 10, United States Code, is transferred to chapter 631 of such title, inserted after section 7205, and redesignated as section 7206.

(2) CONFORMING AMENDMENTS.—Such section, as so transferred and redesignated, is amended—

(A) in paragraphs (2) and (3)(B) of subsection (i), by striking “this chapter” and inserting “chapter 169 of this title”; and

(B) by striking subsection (l) and inserting the following new subsection (l):

“(l) Definitions.—In this section:

“(1) The term ‘appropriate committees of Congress’ has the meaning given such term in section 2801 of this title.

“(2) The term ‘property support services’ means the following:

“(A) Any utility service or other service listed in section 2686(a) of this title.

“(B) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.”.

(3) CLERICAL AMENDMENTS.—

(A) The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2814.

(B) The table of sections at the beginning of chapter 631 of such title is amended by inserting after the item relating to section 7205 the following new item:


“7206. Special authority for development of Ford Island, Hawaii.”.

(j) Coordination with other amendments made by this Act.—For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

TITLE XICivilian Personnel Matters

SEC. 1101. Extension and modification of experimental program for scientific and technical personnel.

(a) Positions covered by authority.—

(1) IN GENERAL.—Subsection (b)(1) of section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is amended—

(A) in subparagraph (A), by striking “60 scientific and engineering positions” and inserting “100 scientific and engineering positions”;

(B) in subparagraph (B), by adding “and” at the end;

(C) by striking subparagraphs (C) and (D); and

(D) by redesignating subparagraph (E) as subparagraph (C).

(2) CONFORMING AMENDMENT.—Subsection (c)(2) of such section is amended by striking “the Defense Advanced Research Projects Agency” and inserting “the Department of Defense”.

(b) Additional payments.—Subsection (d) of such section is amended—

(1) in paragraph (1), by striking “12-month period” and inserting “calendar year”; and

(2) in paragraph (2), by striking “fiscal year” and inserting “calendar year”.

(c) Extension.—Subsection (e)(1) of such section is amended by striking “September 30, 2016” and inserting “September 30, 2019”.

SEC. 1102. Modifications of biennial strategic workforce plan relating to senior management, functional, and technical workforces of the Department of Defense.

(a) Senior management workforce.—Subsection (c) of section 115b of title 10, United States Code, is amended—

(1) by striking paragraph (1) and inserting the following new paragraph (1):

“(1) Each strategic workforce plan under subsection (a) shall—

“(A) specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and

“(B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community.”; and

(2) in paragraph (2), by striking “such senior management, functional, and technical workforce” and inserting “such senior management workforce and such senior functional and technical workforce”.

(b) Highly qualified experts.—Such section is further amended—

(1) in subsection (b)(2), by striking “subsection (f)(1)” in subparagraphs (D) and (E) and inserting “subsection (h)(1) or (h)(2)”;

(2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(3) by inserting after subsection (e) the following new subsection (f):

“(f) Highly qualified experts.— (1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprised of highly qualified experts appointed pursuant to section 9903 of title 5 (in this subsection referred to as the ‘HQE workforce’).

“(2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce—

“(A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition;

“(B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;

“(C) any incentives necessary to attract or retain HQE personnel;

“(D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and

“(E) any legislative actions that may be necessary to achieve HQE workforce goals.”.

(c) Definitions.—Subsection (h) of such section (as redesignated by subsection (b)(2)) is amended to read as follows:

“(h) Definitions.—In this section:

“(1) The term ‘senior management workforce of the Department of Defense’ includes the following categories of Department of Defense civilian personnel:

“(A) Appointees in the Senior Executive Service under section 3131 of title 5.

“(B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.

“(2) The term ‘senior functional and technical workforce of the Department of Defense’ includes the following categories of Department of Defense civilian personnel:

“(A) Persons serving in positions described in section 5376(a) of title 5.

“(B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), as amended by section 1114 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–315)).

“(C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).

“(D) Persons serving in Intelligence Senior Level positions under section 1607 of this title.

“(3) The term ‘acquisition workforce’ includes individuals designated under section 1721 of this title as filling acquisition positions.”.

(d) Conforming amendment.—The heading of subsection (c) of such section is amended to read as follows: “Senior management workforce; senior functional and technical workforce.—”.

(e) Formatting of annual report.—Subsections (d)(1) and (e)(1) of such section are each amended by striking “include a separate chapter to”.

SEC. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1101 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 885), is further amended by striking “through 2014” and inserting “through 2015”.

SEC. 1104. Personnel authorities for civilian personnel for the United States Cyber Command.

(a) Sense of Senate.—It is the sense of the Senate that—

(1) the Secretary of Defense needs enhanced authorities for employing, compensating, and promoting civilian personnel with technical and operational cyber expertise in order to enable the United States Cyber Command to recruit and retain a civilian workforce able to support its demanding cyber missions; and

(2) sections 1601 through 1607 of title 10, United States Code, provide an example of authorities which might suit that purpose.

(b) Recommendations on personnel authorities.—Not later than 180 days after the date of the enactment of this Act, the Principal Cyber Advisor to the Secretary of Defense shall—

(1) identify improvements to be made to the support provided by the Air Force, in its capacity as executive agent for the United States Cyber Command, to meet the needs of the Command for obtaining and retaining civilian personnel with the skills and experience required to support the missions and responsibilities of the Command;

(2) identify the additional employment, compensation, and promotion authorities necessary for the Air Force, in that capacity, to ensure that the United States Cyber Command has a civilian workforce able to support the missions and responsibilities of the Command; and

(3) submit to the Secretary recommendations for administrative and legislative actions, including actions in connection with authorities identified pursuant to paragraph (2), to ensure that the United States Cyber Command has a civilian workforce able to support the missions and responsibilities of the Command.

TITLE XIIMatters Relating to Foreign Nations

subtitle AAssistance and Training

SEC. 1201. Modification of Department of Defense authority for humanitarian stockpiled conventional munitions assistance programs.

Section 407(e)(2) of title 10, United States Code, is amended—

(1) by striking “and includes” and inserting “small arms, and light weapons, including man-portable air-defense systems. Such term includes”; and

(2) by inserting before the period at the end the following: “, small arms, and light weapons, including man-portable air-defense systems”.

SEC. 1202. Codification of recurring limitations on the use of funds for assistance for units of foreign security forces that have committed a gross violation of human rights.

(a) Codification of limitations.—

(1) IN GENERAL.—Subchapter I of chapter 134 of title 10, United States Code, is amended by inserting after section 2245a the following new section:

§ 2246. Limitation on use of funds for assistance for units of foreign security forces that have committed gross violations of human rights

“(a) In general.—Funds authorized to be appropriated to the Department of Defense may not be used for training, equipment, or other assistance for the members of a unit of a foreign security force if the Secretary of Defense has credible information that such unit has committed a gross violation of human rights.

“(b) Exceptions.—The prohibition in subsection (a) shall not apply if the Secretary determines that—

“(1) the government of the country of the foreign security force unit concerned has undertaken all necessary corrective steps; or

“(2) the training, equipment, or other assistance concerned is necessary—

“(A) to assist in disaster relief operations or other humanitarian or national security emergencies; or

“(B) to conduct human rights training of foreign security forces.

“(c) Waiver.—The Secretary may waive the prohibition in subsection (a) if the Secretary determines that the waiver is required by extraordinary circumstances.

“(d) Information on violations of human rights.— (1) The Secretary shall ensure that, before a decision to provide training, equipment, or other assistance to a unit of a foreign security force, full consideration is given to any credible information available to the Department of State relating to human rights violations by such unit.

“(2) The Secretary shall establish, and periodically update, procedures to ensure that any information in the possession of the Department of Defense about gross violations of human rights by units of foreign security forces is shared on a timely basis with the Department of State.

“(e) Consultation.—The Secretary of Defense shall consult with the Secretary of State in the discharge of subsections (b), (c), and (d).

“(f) Notification.—Not later than 15 days after the application of any exception under subsection (b) or the exercise of any waiver under subsection (c), the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:

“(1) In the case a report on an exception under subsection (b), notice of the use of the exception and a description of the grounds for the exception.

“(2) In the case of a report on a waiver under subsection (c), a description of—

“(A) the foreign security force unit concerned;

“(B) the information relating to the gross violation of human rights by such unit;

“(C) the circumstances that necessitate such waiver; and

“(D) the cost, purpose, and duration of the training, equipment, or other assistance covered by such waiver.

“(g) Other assistance defined.—In this section, the term ‘other assistance’ means assistance whose primary purpose is to build the capacity of a foreign security force.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 134 of such title is amended by inserting after the item relating to section 2245a the following new item:


“2246. Limitation on use of funds for assistance for units of foreign security forces that have committed gross violations of human rights.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on October 1, 2014, and shall apply with respect to funds available to the Department of Defense for fiscal years beginning on or after that date.

SEC. 1203. Codification and enhancement of authority to build the capacity of foreign security forces.

(a) Codification, extension, and enhancement of authority.—

(1) IN GENERAL.—Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2282. Authority to build the capacity of foreign security forces

“(a) Authority.—The Secretary of Defense is authorized to conduct or support a program or programs as follows:

“(1) To build the capacity of a foreign country's national military forces in order for that country to—

“(A) conduct counterterrorism operations; or

“(B) participate in or support allied or coalition military or stability operations that benefit the national security interests of the United States.

“(2) To build the capacity of a foreign country's national maritime or border security forces to conduct counterterrorism operations.

“(3) To build the capacity of a foreign country's other security forces that have a counterterrorism mission in order for such forces to conduct counterterrorism operations.

“(b) Concurrence of Secretary of State.—The Secretary of Defense shall obtain the concurrence of the Secretary of State before conducting or supporting a program under subsection (a).

“(c) Types of capacity building.—

“(1) AUTHORIZED ELEMENTS.—A program under subsection (a) may include the provision of equipment, supplies, training, defense services, and small-scale military construction.

“(2) REQUIRED ELEMENTS.—A program under subsection (a) shall include elements that promote the following:

“(A) Observance of and respect for human rights and fundamental freedoms.

“(B) Respect for civilian control of the military.

“(d) Limitations.—

“(1) ANNUAL FUNDING LIMITATION.—The Secretary of Defense may use up to $350,000,000 of funds available for operation and maintenance for any fiscal year to conduct or support activities under subsection (a) in that fiscal year.

“(2) ADDITIONAL FUNDING.—In addition to the amount available as specified in paragraph (1), up to $150,000,000 of funds available for operation and maintenance for any fiscal year may be used to conduct or support activities under subsection (a) in that fiscal year if transferred for such purposes in accordance with established procedures for reprogramming of funds under section 1001 of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, and successor provisions of law.

“(3) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.

“(4) LIMITATION ON ELIGIBLE COUNTRIES.—The Secretary of Defense may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

“(5) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL YEARS.—

“(A) IN GENERAL.—Amounts available under this subsection for the authority in subsection (a) for a fiscal year may be used for programs under that authority that begin in such fiscal year but end in the next fiscal year.

“(B) ACHIEVEMENT OF FULL OPERATIONAL CAPABILITY.—If, in accordance with subparagraph (A), equipment is delivered under a program under the authority in subsection (a) in the fiscal year after the fiscal year in which the program begins, amounts for supplies, training, defense services, and small-scale military construction associated with such equipment and necessary to ensure that the recipient unit achieves full operational capability for such equipment may be used in the fiscal year in which the foreign country takes receipt of such equipment and in the next fiscal year.

“(6) LIMITATION ON AMOUNT FOR BUILDING CAPACITY TO PARTICIPATE IN ALLIED OR COALITION MILITARY OR STABILITY OPERATIONS.—Of the amounts available under this subsection for the authority in subsection (a) for a fiscal year, not more than $150,000,000 may be used in such fiscal year for purposes described in subsection (a)(1)(B).

“(7) LIMITATIONS ON AVAILABILITY OF FUNDS FOR SMALL-SCALE MILITARY CONSTRUCTION.—

“(A) ACTIVITIES UNDER PARTICULAR PROGRAMS.—The amount that may be obligated or expended for small-scale military construction activities under any particular program authorized under subsection (a) may not exceed $750,000.

“(B) ACTIVITIES UNDER ALL PROGRAMS.—The amount that may be obligated or expended for small-scale military construction activities during a fiscal year for all programs authorized under subsection (a) during that fiscal year may not exceed $25,000,000.

“(e) Formulation and execution of program.—The Secretary of Defense and the Secretary of State shall jointly formulate any program under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program under subsection (a).

“(f) Congressional notification.—

“(1) IN GENERAL.—Not less than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notice of the following:

“(A) The country whose capacity to engage in activities in subsection (a) will be built under the program.

“(B) The budget, implementation timeline with milestones, anticipated delivery schedule for assistance, military department responsible for management and associated program executive office, and completion date for the program.

“(C) The source and planned expenditure of funds to complete the program.

“(D) A description of the arrangements, if any, for the sustainment of the program and the source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable.

“(E) A description of the program objectives and assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient unit.

“(F) Information, including the amount, type, and purpose, on the assistance provided the country during the three preceding fiscal years under each of the following programs, accounts, or activities:

“(i) A program under this section.

“(ii) The Foreign Military Financing program under the Arms Export Control Act.

“(iii) Peacekeeping Operations.

“(iv) The International Narcotics Control and Law Enforcement (INCLE) program under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291).

“(v) Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR).

“(vi) Counterdrug activities authorized by section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) and section 1033 of the National Defense Authorization Act for Fiscal Year 19