H.R. 3979 (113^th): Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015

A detailed timeline for the modernization of the entire fleet of UH–60A aircraft of the Army National Guard.

The number of UH–60L, UH–60L Digital, and UH–60M aircraft that the Army National Guard will possess upon completion of such modernization plan.

The cost, by year, associated with such modernization plan.

A description of the progress of the Navy with respect to the test evaluation master plan.

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.

the options available to the Navy for ensuring that the Navy will not be precluded from procuring more EA–18G aircraft based on a determination made under subsection (a); and

an update on the progress of the Navy in conducting an analysis of emerging requirements for airborne electronic attack.

In general

Except as provided under paragraph (2), 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.

Exception

Study

The Comptroller General of the United States shall conduct an independent study of the platforms used to conduct the close air support mission in light of the recommendation of the Air Force to retire the A–10 fleet.

Report

Not later than March 30, 2015, the Comptroller General shall brief the congressional defense committees on the preliminary findings of the study under paragraph (1), with a report to follow as soon as practicable, that includes an assessment of—

In general

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—

Exception

The Secretary of Defense may waive the prohibition in paragraph (1)(B) if the Secretary certifies to the congressional defense committees that the program described in such subparagraph is required to operate C–130 aircraft in airspace controlled by the Federal Aviation Administration or airspace controlled by the government of a foreign country.

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.

Elements

The report under paragraph (1) shall include the following:

A five-year plan for the force structure laydown of all tanker aircraft.

Current and future air refueling and cargo transportation requirements, broken down by aircraft, needed to meet the global reach and global power objectives of the Department of Defense, including how such objectives relate to supporting the 2012 Defense Strategic Guidance.

An operational risk assessment and mitigation strategy that evaluates the ability of the military to meet the requirements and objectives stipulated in the Guidance for Employment of the Force of the Department of Defense, the Joint Strategic Capabilities Plan, and all steady-state rotational and warfighting surge contingency operational planning documents of the commanders of the geographical combatant commands.

A five-year plan for the force structure laydown of C–130H2, C–130H3, and C–130J aircraft.

An identification of how such plan deviates from the total force structure proposal of the Secretary described in section 1059(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1939).

An explanation of why such plan deviates, if in any detail, from such proposal.

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

An assessment of the costs of the proposed transfers, including the impact of the proposed transfers on the facilities from which the aircraft will be transferred.

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

For units equipped with special capabilities, including the modular airborne firefighting system capability, a certification that missions using such capabilities will not be negatively affected by the proposed transfers.

A recommended basing alignment of Joint Base Pearl Harbor-Hickam KC–135 aircraft.

An identification of how, and an explanation of why, such recommended basing alignment deviates, if in any detail, from the current basing plan.

An assessment of the national security benefits and any other expected benefits of the proposed transfer under subsection (a), including benefits for the facilities expected to receive the transferred aircraft.

An assessment of the costs of the proposed transfer, including the impact of the proposed transfer on the facilities from which the aircraft will be transferred.

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

A description of options for—

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

Estimates of life cycle costs.

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

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

In the fiscal year 2015 budget request of the Air Force, the Secretary of the Air Force delayed development of the long-range standoff weapon, the follow-on for the air-launched cruise missile, by three years.

The Secretary plans to sustain the current air-launched cruise missile, known as the AGM–86, until approximately 2030, with multiple service life-extension programs required to preserve but not enhance the existing capabilities of the air-launched cruise missile.

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

The average age of the inventory of air-launched cruise missiles is more than 30 years old.

The operating environment, particularly the sophistication of integrated air defenses, has evolved substantially since the inception of the air-launched cruise missile.

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.

In general

Not later than 120 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, in accordance with section 217 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706).

Elements

The report under paragraph (1) shall include the following:

Form

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

A description of the requirements imposed on aircraft of the Department of Defense by the Federal Aviation Administration transition to the equipment requirements described in subsection (a), including—

A description of options for—

An evaluation of the ability of each option to meet future operational requirements and to meet the equipment requirements described in subsection (a).

An estimated timeline to modernize or replace the digital avionics equipment in each military department or other element of the Department.

The estimated costs of options to modernize or replace the avionics equipment in each military department or other element of the Department in order to meet such requirements.

The extent to which the F–35 aircraft acquisition program is meeting cost, schedule, and performance goals.

The progress and results of developmental and operational testing.

The progress of the procurement and manufacturing of F–35 aircraft.

An assessment of any plans or efforts of the Secretary of Defense to improve the efficiency of the procurement and manufacturing of F–35 aircraft.

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

by inserting after subsection (d) the following new subsection (e):

in paragraph (1)—

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

in the subsection heading, by striking annual and inserting biennial.

by redesignating subparagraph (E) and (F) as subparagraph (F) and (G), respectively; and

by inserting after subparagraph (D) the following new subparagraph:

by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and

by inserting after subsection (e) the following new subsection (f):

In general

Not later than March 1, 2015, the Secretary of the Army shall submit to the congressional defense committees a report on the armored multi-purpose vehicle program.

Matters included

The report under paragraph (1) shall include the following:

certifies that a review of the requirements for air vehicle segments of the unmanned carrier-launched surveillance and strike system is complete; and

includes the results of such review.

identifies the cost and performance trade-offs that the Navy made in arriving at the set of requirements for the air vehicle segments of the unmanned carrier-launched surveillance and strike system, including with respect to strike capability in an anti-access or area denial environment;

addresses the derivation of requirements for the overall composition of the future carrier air wing, including any contribution made to the intelligence, surveillance, and reconnaissance capabilities of carrier strike groups from non-carrier air wing forces, such as the MQ–4C Triton;

specifies how the Navy derived the plan for achieving the best mix of capabilities for the carrier strike group air wing to conduct representative joint intelligence, surveillance, and reconnaissance strike campaigns in the 2030 timeframe, including how the unmanned carrier-launched surveillance and strike system, F–35C aircraft, EA–18G aircraft, and the aircraft that is proposed to replace the F/A–18E/F (FA–XX) would contribute to the overall capability, including in an anti-access or area denial threat environment;

defines the acquisition strategy for the unmanned carrier-launched surveillance and strike system program and justifies any changes in such strategy from an acquisition strategy for a traditional program that is consistent with Department of Defense Instruction 5000.02; and

establishes a formal acquisition program cost and schedule baseline to allow the Navy to track unit costs and provide regular reports to Congress on cost, schedule, and performance progress.

a plan regarding using such funds for such purpose during fiscal year 2015; and

a strategic plan for the funding of advanced airborne reconnaissance technologies supporting manned and unmanned systems.

the congressional defense committees; and

the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

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

An assessment of the cost and schedule of developing and fielding a new aircraft and radar system to replace the current Joint Surveillance and Target Attack Radar Systems aircraft that would deliver two replacement aircraft to the Joint Surveillance and Target Attack Radar Systems aircraft operating base by fiscal year 2019.

by redesignating paragraphs (1) and (2) as paragraphs (3) and (4), respectively;

in paragraph (3), as so redesignated, by striking In general.— and all that follows through Each report and inserting Contents.— Each report submitted under paragraph (1) or (2);

by inserting before paragraph (3), as so redesignated, the following new paragraphs (1) and (2):

in the subsection heading, by striking annual report and inserting annual and biennial reports.

Identification and assessment of such legal, regulatory, management, and practice barriers as may reduce the effectiveness and efficiency of organizations on the Campus to perform designated missions, including such barriers as may exist with respect to the following:

Formulation of recommendations for such legal, regulatory, management, and practices as may support attempts to overcome the barriers identified under paragraph (1).

The Secretary of Homeland Security.

The Secretary of Health and Human Services.

Such other private and public sector organizations as the Secretary considers appropriate.

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.

Period of assignment

Application of certain provisions of law

Pay and supervision

A covered individual employed by a covered entity who is assigned to the Agency under the pilot program—

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.

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:

The term covered individual means any individual who is employed by a covered entity.

The term covered entity means any non-Federal, nongovernmental entity that, as of the date on which a covered individual employed by the entity is assigned to the Agency under the pilot program, is a nontraditional defense contractor (as defined in section 2302 of title 10, United States Code).

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

providing assistance to teachers at covered schools to enhance preparation described in paragraph (1).

The Secretaries of the military departments.

The Secretary of Education.

The National Science Foundation.

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

Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for covered students and teachers at covered schools.

Establishment of scholarships and fellowships for covered students.

Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for covered students and teachers at covered schools, including with respect to improving the development of curricula at covered schools.

Development of travel opportunities, demonstrations, mentoring programs, and informal science education for covered students and teachers at covered schools.

The term covered schools means elementary or secondary schools at which the Secretary determines a significant number of dependents of members of the Armed Forces are enrolled.

The term covered students means dependents of members of the Armed Forces who are enrolled at a covered school.

by inserting (1) before Funds; and

by adding at the end the following new paragraphs:

The reporting of covered waste through environmental surveys and assessments, including environmental condition reports, of base camps supporting a contingency operation.

How covered waste and non-covered waste is defined and identified in environmental surveys and assessments covered by paragraph (1), in policies, instructions, and guidance issued by the Department of Defense, the military departments, and the combatant commands, and in the oversight of contracts for, and the operation of, waste disposal facilities at base camps supporting contingency operations.

Whether the two categories of waste are appropriately and clearly distinguished in such surveys and assessments.

The current decision authority responsible for determinations regarding whether a base camp supporting a contingency operation is in compliance with the Department of Defense Instruction and section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2249; 10 U.S.C. 2701 note) and the chain of command by which such determinations are made and reported.

The process through which a waiver of the prohibition on disposal of covered waste in a burn pit is requested and approved, and the process by which Congress is notified of such waiver, pursuant to the applicable provision of law, and how such processes could be improved.

Updates to policies, guidelines, and instructions that have been undertaken pursuant to the review to address gaps and deficiencies regarding covered waste disposal to ensure compliance.

Other matters or recommendations the Secretary of Defense determines are appropriate.

The term covered waste has the meaning given that term in section 317(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2249; 10 U.S.C. 2701 note).

The term base camp supporting a contingency operation means any base, location, site, cooperative security location, forward operating base, forward operating site, main operating base, patrol base, or other location as determined by the Secretary from which support is provided to a contingency operation that—

The term burn pit means an area that—

The term contingency operation has the meaning given such term in section 101(a)(13) of title 10, United States Code.

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.

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:

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.

The term traditional fuel means a liquid hydrocarbon fuel derived or refined from petroleum.

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.

The term fully burdened cost means the commodity price of the fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.

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.

The term campgrounds means the areas identified in blue in Figure 4 as Campgrounds in the former bombardment area.

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.

The term Figure 4 means Figure 4, located on page 8 of the study.

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).

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.

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).

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

in subparagraph (B), by inserting , except that beginning with model year 2016, alternative fueled automobiles that use a fuel described in subparagraph (E) of subsection (a)(1) shall have a minimum driving range of 150 miles after at least 200 miles; and

in subparagraph (C), by adding at the end the following: Beginning with model year 2016, if the Secretary prescribes a minimum driving range of 150 miles for alternative fueled automobiles that use a fuel described in subparagraph (E) of subsection (a)(1), subparagraph (A) shall not apply to dual fueled automobiles (except electric automobiles)..

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

by inserting after subsection (d) the following:

in subsection (a), by striking (a) The Secretary and inserting The Secretary;

by striking subsection (b); and

in the section heading, by striking ; abolition of.

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 containing an analysis and justification for the transfer of MC–12 aircraft from the Air Force to the United States Special Operations Command.

Elements

The report required under paragraph (1) shall include—

Transfer and redesignation

Section 2336 of title 10, United States Code, is transferred to chapter 159 of such title, inserted after section 2678, and redesignated as section 2679.

Revised section heading

The heading of such section, as so transferred and redesignated, is amended to read as follows:

in subsection (a)—

by adding at the end of subsection (e) the following new paragraph:

The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2336.

The table of sections at the beginning of chapter 159 of such title is amended by inserting after the item relating to section 2678 the following new item:

In general

The Comptroller General of the United States shall provide to the congressional defense committees a briefing and a report on the management of the conventional ammunition demilitarization stockpile of the Department of Defense.

Elements

The briefing and report required by paragraph (1) shall include each of the following:

Deadlines

The briefing required by paragraph (1) shall be provided by not later than April 30, 2015. The report required by that paragraph shall be submitted not later than June 1, 2015.

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

The Army Reserve, 202,000.

The Navy Reserve, 57,300.

The Marine Corps Reserve, 39,200.

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

The Air Force Reserve, 67,100.

The Coast Guard Reserve, 7,000.

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

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.

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:

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed 595.

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.

by inserting (1) before The Secretary concerned;

by striking 90 days and inserting three months; and

by adding at the end the following new paragraph:

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

in paragraph (3)—

A list of the official military and official representational duties that each Secretary of a military department—

Subject to the limitations in section 981 of title 10, United States Code, the procedures used for allocating authorized enlisted aides—

The justification, on a billet-by-billet basis, for the authorization and assignment of each enlisted aide to each general officer and flag officer position as of September 30, 2014.

Such recommendations as the Secretary of Defense considers appropriate for changes to the statutory method of calculating the authorized number of enlisted aides.

Review required

The Comptroller General of the United States shall review the report submitted by the Secretary of Defense under subsection (b).

Elements of review

The review under paragraph (1) shall include the following:

Report on results of review

Not later than 180 days after the date on which the Secretary of Defense submits the report under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under paragraph (1).

Joint officer management

Section 667 of title 10, United States Code, is repealed.

Promotion policy objectives for joint officers

Section 662 of such title is amended—

by striking A reserve officer of and inserting (A) 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;

by striking of this title may, subject to the needs of the service and to section 14509 of this title, and inserting of this title, may; and

by adding at the end the following new subparagraphs:

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

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

in subparagraph (A), by inserting (after consultation with the Chief of the National Guard Bureau) after selected by the Secretary of the Army; and

in subparagraph (B), by inserting (after consultation with the Chief of the National Guard Bureau) after selected by the Secretary of the Air Force.

by striking subparagraph (D); and

by redesignating subparagraph (E) as subparagraph (D).

Identification of positions

The database required by subsection (a) shall identify each military technician position, whether dual-status or non-dual status.

Additional details

For each military technician position identified pursuant to paragraph (1), the database required by subsection (a) shall include the following:

The roles and responsibilities of States and Federal agencies in the management of the records of members of the Army National Guard of the United States and the Air Guard of the United States.

The extent to which States have digitized the records of National Guard members.

The extent to which States and Federal agencies have the capability to share digitized records of National Guard members.

The measures required to correct deficiencies, if any, noted by the Secretary of Defense in the capability of Federal agencies to effectively manage the records of National Guard members.

The authorities, responsibilities, processes, and procedures for the maintenance and disposition of the records of National Guard members who—

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

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

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 training on mental health issues connected with post traumatic stress disorder or traumatic brain injury (as applicable).

Review for certain former members with mental health diagnoses

Such section is further amended by adding at the end the following new subsection:

by inserting (1) before No member;

by striking December 31, 2015 and inserting December 31, 2019; and

by adding at the end the following new paragraph:

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

in paragraph (2), by striking March 1, 2019 and inserting March 1, 2023; and

by adding at the end the following new paragraph:

to each officer candidate during initial training;

to each recruit during basic training; and

to other members of the Armed Forces at such times as the Secretary of Defense considers appropriate.

accurately predict performance of actual, regular, and recurring duties of a military occupation; and

are applied equitably to measure individual capabilities.

is properly designed and fitted; and

meets required standards for wear and survivability.

Review required

The Comptroller General of the United States shall conduct a review of Services’ Outreach and Recruitment Efforts gauged toward women representation in the officer corps.

Elements of Review

In conducting the review under this subsection, the Comptroller General shall—

Submission of results

Not later than October 1, 2015, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review under this subsection.

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—

Clarification of applicability of requirement for explanation in writing for modification to findings of a court-martial

Paragraph (3)(C) 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 by striking (other than a qualifying offense).

Victim submission of matters for consideration by convening authority during clemency phase of courts-martial process

Subsection (d) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as added by section 1706(a) of the National Defense Authorization Act of Fiscal Year 2014 (Public Law 113–66; 127 Stat. 960), is amended—

Restoration of waiver of article 32 hearings by the accused

Non-applicability of prohibition on pre-trial agreements for certain offenses with mandatory minimum sentences

Section 860(c)(4)(C)(ii) of title 10, United States Code (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 (Public Law 113–66; 127 Stat. 955), is amended by inserting pursuant to section 856(b) of this title (article 56(b)) after applies.

Requests to interview victim through counsel

Subsection (b)(1) of section 846 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 (Public Law 113–66; 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.

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.

Correction of references to defense counsel

Such section is further amended—

in subsection (b)(4), by striking the Department of Defense and inserting the United States;

in subsection (d)(2), by inserting , and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps after employed; and

in subsection (e)(1), by inserting concerned after jurisdiction of the Secretary.

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 (Public Law 113–66; 127 Stat. 961), is amended by striking force and inserting unlawful force.

Conforming amendments

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 (Public Law 113–66; 127 Stat. 952), is amended by striking a person and inserting an individual.

Clarification of authority to appoint individuals to assume rights of certain victims

Subsection (c) of such section is amended—

Effective date for amendments related to Article 32

Effective as of December 26, 2013, and as if included therein as enacted, section 1702(d)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 958; 10 U.S.C. 802 note, 832 note) is amended by striking one year after and all that follows through the end of the sentence and inserting on the later of December 26, 2014, or the date of the enactment of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 and shall apply with respect to preliminary hearings conducted on or after that effective date..

Transition rule for amendments related to Article 60

Consultation process required

The Secretary of Defense shall establish a process to ensure consultation with the victim of an alleged sex-related offense that occurs in the United States to solicit the victim's preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense.

Convening authority consideration of preference

The preference expressed by the victim of an alleged sex-related offense under paragraph (1) regarding the prosecution of the offense, while not binding, should be considered by the convening authority in making the determination regarding whether to refer the charge or specification for the offense to a court-martial for trial.

Notice to appropriate jurisdiction of victim’s preference for civilian prosecution

If the victim of an alleged sex-related offense expresses a preference under paragraph (1) for prosecution of the offense in a civilian court, the convening authority described in paragraph (2) shall ensure that the civilian authority with jurisdiction over the offense is notified of the victim’s preference for civilian prosecution.

Notice to victim of status of civilian prosecution when victim expresses preference for civilian prosecution

Following notification of the civilian authority with jurisdiction over an alleged sex-related offense of the preference of the victim of the offense for prosecution of the offense in a civilian court, the convening authority shall be responsible for notifying the victim if the convening authority learns of any decision by the civilian authority to prosecute or not prosecute the offence in a civilian court.

The term alleged sex-related offense has the meaning given that term in section 1044e(g) of title 10, United States Code.

The term Secretary concerned has the meaning given that term in section 101(a)(9) of such title.

An offense under sections 920 through 923a of such title (articles 120 through 123a).

An offense under sections 925 through 927 of such title (articles 125 through 127).

An offense under sections 929 through 932 of such title (articles 129 through 132).

Any other offense under such chapter (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.

An attempt to commit an offense or a conspiracy to commit an offense specified in a preceding paragraph as punishable under section 880 or 881 of such title (article 80 or 81).

Specified personnel

Except as provided in paragraph (2), an individual who may be assigned to duty as a Sexual Assault Forensic Examiner (SAFE) for the Armed Forces is limited to members of the Armed Forces and civilian employees of the Department of Defense who are also one of the following:

Independent duty corpsmen

An independent duty corpsman or equivalent may be assigned to duty as a Sexual Assault Forensic Examiner for the Armed Forces if the assignment of an individual specified in paragraph (1) is impracticable.

In general

The Secretary of Defense shall establish and maintain, and update when appropriate, a training and certification program for Sexual Assault Forensic Examiners. The training and certification programs shall apply uniformly to all Sexual Assault Forensic Examiners under the jurisdiction of the Secretaries of the military departments.

Elements

Each training and certification program under this subsection shall include training in sexual assault forensic examinations by qualified personnel who possess—

Nature of training

The training provided under each training and certification program under this subsection shall incorporate and reflect current best practices and standards on sexual assault forensic examinations.

Applicability of training requirements

Effective beginning one year after the date of the enactment of this Act, an individual may not be assigned to duty as a Sexual Assault Forensic Examiner for the Armed Forces unless the individual has completed, by the date of such assignment, all training required under the training and certification program under this subsection.

Report required

The Secretary of Defense shall prepare a report on the adequacy of the training and qualifications of each member of the Armed Forces and civilian employee of the Department of Defense who is assigned responsibilities of a Sexual Assault Forensic Examiner.

Report elements

The report shall include the following:

Submission

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit the report to the Committees on Armed Services of the House of Representatives and the Senate.

Conforming amendments

Subsection (b) of section 1725 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 971) is amended—

Clerical amendment

The heading of such section is amended by striking Nurse Examiners and inserting Forensic Examiners.

in subparagraph (A)—

in subparagraph (B)—

in paragraph (1), by striking and at the end;

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

by inserting after paragraph (1) the following new paragraph (2):

in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting other before assessments.

An explanation of how the military criminal investigative organization would use, maintain, and protect information in the restricted report.

An explanation of how the identity of an individual who elects to provide access to such information will be protected.

A timeline for implementation of the plan during the one-year period beginning on the date of the submission of the plan to the Committees on Armed Services of the Senate and the House of Representatives.

by striking paragraph (1); and

by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.

Conduct a review and assessment regarding the impact of the use of any mental health records of the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), by the accused during the preliminary hearing conducted under section 832 of such title (article 32 of the Uniform Code of Military Justice), and during court-martial proceedings, as compared to the use of similar records in civilian criminal legal proceedings.

Conduct a review and assessment regarding the establishment of a privilege under the Military Rules of Evidence against the disclosure of communications between—

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).

Deadline for establishment

The Secretary shall establish the Advisory Committee not later than 30 days before the termination date of the independent panel established by the Secretary under section 576(a)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758), known as the judicial proceedings panel.

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 involving members of the Armed Forces.

Basis for provision of advice

For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, cases involving allegations of sexual misconduct described in paragraph (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).

Continuation

The Secretary of Defense may continue the Advisory Committee after the termination date applicable 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 after that date, the Secretary shall submit to the President and the congressional committees specified in subsection (d) a report describing the reasons for that determination and specifying the new termination date for the Advisory Committee.

to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the sex-related offense; and

to determine what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces.

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).

Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice).

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).

assisting such members in obtaining post-service employment; and

reducing the amount of Unemployment Compensation for Ex-Servicemembers that the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating pays into the Unemployment Trust Fund.

Program described

The Secretary of Defense may execute a program to evaluate the feasibility and cost-effectiveness of utilizing the services of civilian employment staffing agencies to assist eligible members of the Armed Forces in obtaining post-service employment.

Program management

To manage the program authorized by this subsection, the Secretary of Defense may select a civilian organization (in this section referred to as the program manager) whose principal members have experience—

Exclusion

The program manager may not be a staffing agency.

program monitoring standards; and

reporting requirements, including the hourly wage for each eligible member of the Armed Forces obtaining employment under the program, the numbers of hours worked during the month, and the number of members who remained employed with the same employer after completing the first 800 hours of employment.

Report Required

If the Secretary of Defense executes the program under this section, the Secretary shall submit to the appropriate congressional committees a report describing the results of the program, particularly whether the program achieved the purposes specified in subsection (a). The report shall be submitted not later than January 15, 2019.

Comparison with other programs

The report shall include a comparison of the results of the program conducted under this section and the results of other employment assistant programs utilized by the Department of Defense. The comparison shall include the number of members of the Armed Forces obtaining employment through each program and the cost to the Department per member.

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.

A framework for provision of basic cyber education for all members of the Armed Forces.

A framework for undergraduate and postgraduate education, joint professional military education, and strategic war gaming for cyber strategic and operational leadership.

Definitions of required positions, including military occupational specialties and rating specialties for each military department, along with the corresponding level of cyber training, education, qualifications, or certifications required for each specialty.

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 a program of education at an institution of higher learning.

Elements

The additional information required by paragraph (1) shall include the following:

Consultation

In carrying out this subsection, the Secretary of Defense shall consult with the Secretary of Veterans Affairs, the Secretary of Education, and the Director of the Consumer Financial Protection Bureau.

The term institution of higher learning has the meaning given such term in section 3452 of title 38, United States Code.

The term types of institutions of higher learning means the following:

Military service and separation data.

A personal email address.

A personal telephone number.

A mailing address.

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 and Veterans’ Affairs of the Senate and the House of Representatives a report on the progress made by the Secretary—

Contents

The report required by paragraph (1) shall include the following:

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

in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system before the comma at the end.

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

by inserting either before such system.

Policy required

The Secretary of Defense shall prescribe a policy for the development of a standard method for collecting, reporting, and assessing information regarding—

Purpose of policy

The purpose of the policy required by this subsection is to improve the consistency and comprehensiveness of—

Consultation

The Secretary of Defense shall develop the policy required by this subsection in consultation with the Secretaries of the military departments and the Chief of the National Guard Bureau.

Submission

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.

Implementation

The Secretaries of the military departments shall implement the policy developed under subsection (a) not later than 180 days after the date of the submittal of the policy under paragraph (1).

in addressing the underemployment of military spouses;

in matching military spouses’ education and experience to available employment positions; and

in closing the wage gap between military spouses and their civilian counterparts.

in reducing military spouse unemployment and underemployment; and

in reducing the wage gap between military spouses and their civilian counterparts.

Award

Retroactive effective date and application

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.

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.

Waiver of time limitations

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to William Shemin for the acts of valor during World War I described in paragraph (1).

Acts of valor described

The acts of valor referred to in paragraph (1) are the actions of William Shemin while serving as a Rifleman with G Company, 2d Battalion, 47th Infantry Regiment, 4th Division, American Expeditionary Forces, in connection with combat operations against an armed enemy on the Vesle River, near Bazoches, France, from August 7 to August 9, 1918, during World War I for which he was originally awarded the Distinguished Service Cross.

Waiver of time limitations

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Henry Johnson for the acts of valor during World War I described in paragraph (2).

Acts of valor described

The acts of valor referred to in paragraph (2) are the actions of Henry Johnson while serving as a member of Company C, 369th Infantry Regiment, 93rd Division, American Expeditionary Forces, during combat operations against the enemy on the front lines of the Western Front in France on May 15, 1918, during World War I for which he was previously awarded the Distinguished Service Cross.

Current Armed Forces and United States Special Operations Command policy guidelines on the prevention of suicide among members of United States Special Operations Forces and their dependents.

Current and directed Armed Forces and United States Special Operations Command suicide prevention programs and activities for members of United States Special Operations Forces and their dependents, including programs provided by the Defense Health Program and the Office of Suicide Prevention and programs supporting family members.

Current Armed Forces and United States Special Operations Command strategies to reduce suicides among members of United States Special Operations Forces and their dependents, including the cost of such strategies across the future-years defense program.

Current Armed Forces and United States Special Operations Command standards of care for suicide prevention among members of United States Special Operations Forces and their dependents, including training standards for behavioral health care providers to ensure that such providers receive training on clinical best practices and evidence-based treatments as information on such practices and treatments becomes available.

The integration of mental health screenings and suicide risk and prevention efforts for members of United States Special Operations Forces and their dependents into the delivery of primary care for such members and dependents.

The standards for responding to attempted or completed suicides among members of United States Special Operations Forces and their dependents, including guidance and training to assist commanders in addressing incidents of attempted or completed suicide within their units.

The standards regarding data collection for individual members of United States Special Operations Forces and their dependents, including related factors such as domestic violence and child abuse.

The means to ensure the protection of privacy of members of United States Special Operations Forces and their dependents who seek or receive treatment related to suicide prevention.

The potential need to differentiate members of United States Special Operations Forces and their dependents from members of conventional forces and their dependents in the development and delivery of the Department of Defense suicide prevention program.

Such other matters as the Secretary of Defense considers appropriate in connection with the prevention of suicide among members of United States Special Operations Forces and their dependents.

the likely cost of the program;

the impact of the program on increasing employment opportunities and results for members of the reserve components; and

how a Department program would compare to other unemployment or underemployment programs of the Federal Government already available to members of the reserve components.

foreign language, regional expertise, and culture considerations, including gender-based considerations in the context of foreign cultural norms; and

how such considerations factor into the planning and execution of overseas operations and missions of the Armed Forces.

An assessment of how foreign language, regional expertise, and culture considerations, including gender-based considerations in the context of foreign cultural norms, affect overseas operations and missions of the Armed Forces, including lessons learned as a result of members of the Armed Forces engaging with female civilian populations in Iraq and Afghanistan and during other overseas operations and missions.

An identification of how the Department of Defense addresses such considerations in its planning and execution of overseas operations and missions, including how it educates military commanders on foreign language, regional expertise, and culture considerations, including gender-based considerations in the context of foreign cultural norms.

An evaluation of the adequacy of current programs and the need for additional or modified programs to train members of the Armed Forces regarding such considerations, including proposed changes in the length of training and curriculum.

An evaluation of the need for advisors within the military commands and Armed Forces, including billet descriptions for such advisors, where to assign them within the military command and Armed Forces, and the desirability and feasibility of assigning such advisors in combatant command and joint task force staffs.

Any other matters the Secretary of Defense may determine to be appropriate.

the mental, behavioral, and psychological health challenges facing members of the Armed Forces assigned to special operations forces; and

the effectiveness of the Preservation of the Force and Families Program and the Human Performance Program of the United States Special Operations Command in addressing such challenges.

The factors contributing to the mental, behavioral, and psychological health challenges facing members of the Armed Forces assigned to special operations forces.

The effectiveness of the Preservation of the Force and Families Program in addressing the mental, behavioral, and psychological health of members of the special operations forces, including the extent to which measurements of effectiveness are being utilized to assess progress—

The effectiveness of the Human Performance Program in improving the mental, behavioral, and psychological health of members of the special operations forces, including the extent to which measurements of effectiveness are being utilized to assess progress—

Such other matters as the Secretary of Defense considers appropriate.

An evaluation of the definition of hazing by the Armed Forces.

A description of the criteria used, and the methods implemented, in the systems to track incidents of hazing in the Armed Forces.

The number of alleged and substantiated incidents of hazing, as reflected in the tracking systems, over the last two years for each Armed Force, the nature of these incidents, and actions taken to address such incidents through non-judicial and judicial action.

An assessment of the following:

An evaluation of the additional actions, if any, the Secretary of Defense and the Secretary of Homeland Security propose to take to further address hazing in the Armed Forces.

Such recommendations as the Comptroller General considers appropriate for improving hazing prevention programs, policies, and other actions taken to address hazing within the Armed Forces.

the Committee on Armed Services and the Committee on Commerce, Science and Transportation of the Senate; and

the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

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.

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.

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.

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.

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.

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; and

by inserting after their jurisdiction the following: , or at such installations as the Secretary of the military department concerned shall determine are best located to provide access to voter assistance services for all covered individuals in a particular location,.

by inserting (1) before The Secretary of Defense; and

by adding at the end the following new paragraph:

by inserting before If a cemetery the following:

by striking his jurisdiction and inserting the jurisdiction of the Secretary concerned; and

by inserting before With respect to the following:

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.

Senior Enlisted Advisor to the Chief of the National Guard Bureau

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

in subsection (c), by striking paragraph (6).

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

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.

in the subsection heading, by inserting Chief of the National Guard Bureau, after Chiefs of Service,;

in paragraph (1)—

in paragraph (3)(B), by striking clause (vi).

Section 2130a(a)(1), relating to nurse officer candidate accession program.

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

Section 302c–1(f), relating to accession and retention bonuses for psychologists.

Section 302d(a)(1), relating to accession bonus for registered nurses.

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

Section 302h(a)(1), relating to accession bonus for dental officers.

Section 302j(a), relating to accession bonus for pharmacy officers.

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

In general

Subsection (a) of section 1450 of title 10, United States Code, is amended—

Conforming amendments

in the subsection heading, by striking and fiduciaries and inserting , fiduciaries, and special needs trusts;

in paragraph (1)—

in paragraph (2)—

in paragraph (3), by striking or fiduciary in the paragraph heading and inserting , fiduciary, or trust.

using variable pricing in commissary stores to reduce the expenditure of appropriated funds to operate the defense commissary system;

implementing a program to make available more private label products in commissary stores;

converting the defense commissary system to a nonappropriated fund instrumentality; and

eliminating or at least reducing second-destination funding.

The impact of changes to the operation of the defense commissary system on commissary patrons, in particular junior enlisted members and junior officers and their dependents, that would result from—

The sensitivity of commissary patrons, in particular junior enlisted members and junior officers and their dependents, to pricing changes that may result in reduced overall cost savings for patrons.

The feasibility of generating net revenue from pricing and stock assortment changes.

The relationship of higher prices and reduced patron savings to patron usage and accompanying sales, both on a national and regional basis.

The impact of changes to the operation of the defense commissary system on industry support; such as vendor stocking, promotions, discounts, and merchandising activities and programs.

The ability of the current commissary management and information technology systems to accommodate changes to the existing pricing and management structure.

The product category management systems and expertise of the Defense Commissary Agency.

The impact of changes to the operation of the defense commissary system on military exchanges and other morale, welfare, and recreation programs for members of the Armed Forces.

The identification of management and legislative changes that would be required in connection with changes to the defense commissary system.

An estimate of the time required to implement recommended changes to the current pricing and management model of the defense commissary system.

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section:

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:

Implementation

Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(e) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense shall implement such regulations.

Report

Conforming amendment

Section 1074m(e)(1) of such title is amended by inserting and section 1074n of this title after pursuant to this section.

In general

Section 1074m of such title is further amended—

Conforming amendment

Subsection (a)(2) of such section 1074m is amended by striking subparagraph (B) and (C) and inserting subparagraphs (C) and (D).

by striking at least one of the means described in paragraph (2)(E) and inserting the national mail-order pharmacy program; and

by striking may include and all that follows through the period at the end and inserting shall include cost-sharing by the eligible covered beneficiary as specified in paragraph (6)..

in clause (i)—

in clause (ii)—

In general

Such section is further amended by adding at the end the following new paragraph:

Termination of pilot program

Section 716(f) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1074g note) is amended by striking December 31, 2017 and inserting September 30, 2015.

The satisfaction of beneficiaries participating in the pilot program.

The timeliness of refilling prescriptions under the pilot program.

The accuracy of prescription refills under the pilot program.

The availability of medications refilled under the pilot program.

The cost savings to the Department of Defense realized by the pilot program.

The number of beneficiaries who did not participate in the pilot program by reason of subsection (c) of such section 716.

Any other matters the Comptroller General considers appropriate.

in subsection (a)—

by striking subsection (i); and

by redesignating subsections (j) through (q) as subsections (i) through (p), respectively.

in section 1079(e)(7), by striking subsection (a)(13) and inserting subsection (a)(12);

in section 1086—

in section 1105(c), by striking section 1079(a)(7) and inserting section 1079(a)(6).

In General

The Secretary of Defense may not restructure or realign a military medical treatment facility based on the modernization study until a 90-day period has elapsed following the date on which the Comptroller General of the United States is required to submit to the congressional defense committees the report under subsection (b)(3).

Report

The Secretary shall submit to the congressional defense committees a report that includes the following:

Review

The Comptroller General of the United States shall review the report under subsection (a)(2).

Elements

The review under paragraph (1) shall include the following:

Report

Not later than 180 days after the date on which the Secretary submits the report under subsection (a)(2), the Comptroller General shall submit to the congressional defense committees a report on the review under paragraph (1).

in paragraph (1), by striking Deputy Director of the TRICARE Management Activity and inserting Deputy Director of the Defense Health Agency; and

in paragraph (2), by striking Deputy Director of the TRICARE Management Activity both places it appears and inserting Deputy Director of the Defense Health Agency.

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

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