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

The text of the bill below is as of Dec 4, 2014 (Passed the House (Engrossed) with an Amendment).

Source: GPO

113th CONGRESS

2d Session

In the House of Representatives, U. S.,

December 4, 2014

AMENDMENT:

That the House agree to the amendment of the Senate to the bill (H.R. 3979) entitled An Act to amend the Internal Revenue Code of 1986 to ensure that emergency services volunteers are not taken into account as employees under the shared responsibility requirements contained in the Patient Protection and Affordable Care Act., with the following

In lieu of the matter proposed to be inserted by the amendment of the Senate to the text of the bill, insert the following:

1.

Short title

(a)

Short title

This Act may be cited as the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.

(b)

Findings

Congress makes the following findings:

(1)
(A)

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.

(B)

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.

(C)

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.

(D)

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.

(E)

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).

(2)
(A)

Representative Howard P. “Buck” McKeon was elected to the House of Representatives in 1992 to represent California’s 25th Congressional District.

(B)

Chairman McKeon was born in Los Angeles and grew up in Tujunga CA. He served a two and a half year mission for the Church of Jesus Christ of Latter-Day Saints and attended Brigham Young University. Prior to his election to Congress, he was a small business owner, and served both on the William S. Hart Union High School District Board of Trustees and as the first mayor of the City of Santa Clarita.

(C)

In the 111th Congress, Chairman McKeon was selected by his peers as the Ranking Member of the House Armed Services Committee and has served as Chairman since in the 112th and 113th Congresses. Previously Chairman McKeon had served as the Chairman of the House Committee on Education and the Workforce.

(D)

Chairman McKeon is a champion of a strong national defense, the men and women of America's Armed Forces and their families, and returning fiscal discipline to the Department of Defense. His priority has been to ensure our troops deployed around the world have the equipment, resources, authorities, training and time they need to successfully complete their missions and return home.

(E)

For 52 consecutive years, the House Armed Services Committee, in a bipartisan, bicameral tradition, has passed and enacted an annual defense authorization act. Chairman McKeon had said it has been the privilege of his life to shepherd that tradition under his tenure.

(F)

It is therefore fitting this Act, the last national defense authorization act of his tenure, be named in Chairman McKeon’s honor, as provided in subsection (a).

(c)

References

Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2015 shall be deemed to refer to the Carl Levin and Howard P.Buck McKeon National Defense Authorization Act for Fiscal Year 2015.

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.

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

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

Sec. 5. Explanatory statement.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of Appropriations.

Subtitle B—Army Programs

Sec. 111. Plan on modernization of UH–60A aircraft of Army National Guard.

Subtitle C—Navy Programs

Sec. 121. Construction of San Antonio class amphibious ship.

Sec. 122. Limitation on availability of funds for mission modules for Littoral Combat Ship.

Sec. 123. Extension of limitation on availability of funds for Littoral Combat Ship.

Sec. 124. Report on test evaluation master plan for Littoral Combat Ship seaframes and mission modules.

Sec. 125. Airborne electronic attack capabilities.

Subtitle D—Air Force Programs

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

Sec. 132. Prohibition on availability of funds for retirement of U–2 aircraft.

Sec. 133. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 134. Prohibition on cancellation or modification of avionics modernization program for C–130 aircraft.

Sec. 135. Limitation on availability of funds for retirement of Air Force aircraft.

Sec. 136. Limitation on availability of funds for retirement of E–3 airborne warning and control system aircraft.

Sec. 137. Limitation on availability of funds for divestment or transfer of KC–10 aircraft.

Sec. 138. Limitation on availability of funds for transfer of Air Force C–130H and C–130J aircraft.

Sec. 139. Limitation on availability of funds for transfer of Air Force KC–135 tankers.

Sec. 140. Report on C–130 aircraft.

Sec. 141. Report on status of F–16 aircraft.

Sec. 142. Report on options to modernize or replace T–1A aircraft.

Sec. 143. Report on status of air-launched cruise missile capabilities.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 151. Additional oversight requirements for the undersea mobility acquisition program of the United States Special Operations Command.

Sec. 152. Plan for modernization or replacement of digital avionic equipment.

Sec. 153. Comptroller General report on F–35 aircraft acquisition program.

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

Sec. 214. Treatment by Department of Defense Test Resource Management Center of significant modifications to test and evaluation facilities and resources.

Sec. 215. Revision to the service requirement under the Science, Mathematics, and Research for Transformation Defense Education Program.

Sec. 216. Limitation on availability of funds for armored multi-purpose vehicle program.

Sec. 217. Limitation on availability of funds for unmanned carrier-launched airborne surveillance and strike system.

Sec. 218. Limitation on availability of funds for airborne reconnaissance systems.

Sec. 219. Limitation on availability of funds for retirement of Joint Surveillance and Target Attack Radar Systems aircraft.

Subtitle C—Reports

Sec. 221. Reduction in frequency of reporting by Deputy Assistant Secretary of Defense for Systems Engineering.

Sec. 222. Independent assessment of interagency biodefense research and development.

Sec. 223. Briefing on modeling and simulation technological and industrial base in support of requirements of Department of Defense.

Subtitle D—Other Matters

Sec. 231. Modification to requirement for contractor cost sharing in pilot program to include technology protection features during research and development of certain defense systems.

Sec. 232. Pilot program on assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise.

Sec. 233. Pilot program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics.

Sec. 234. Sense of Congress on helicopter health and usage monitoring system of the Army.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Elimination of fiscal year limitation on prohibition of payment of fines and penalties from the Environmental Restoration Account, Defense.

Sec. 312. Method of funding for cooperative agreements under the Sikes Act.

Sec. 313. Report on prohibition of disposal of waste in open-air burn pits.

Sec. 314. Business case analysis of any plan to design, refurbish, or construct a biofuel refinery.

Sec. 315. Environmental restoration at former Naval Air Station Chincoteague, Virginia.

Sec. 316. Limitation on availability of funds for procurement of drop-in fuels.

Sec. 317. Decontamination of a portion of former bombardment area on island of Culebra, Puerto Rico.

Sec. 318. Alternative fuel automobiles.

Subtitle C—Logistics and Sustainment

Sec. 321. Modification of quarterly readiness reporting requirement.

Sec. 322. Additional requirement for strategic policy on prepositioning of materiel and equipment.

Sec. 323. Elimination of authority of Secretary of the Army to abolish arsenals.

Sec. 324. Modification of annual reporting requirement related to prepositioning of materiel and equipment.

Subtitle D—Reports

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

Sec. 332. Army assessment of regionally aligned forces.

Subtitle E—Limitations and Extensions of Authority

Sec. 341. Limitation on authority to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine.

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

Sec. 343. Limitation on transfer of MC–12 aircraft to United States Special Operations Command.

Subtitle F—Other Matters

Sec. 351. Clarification of authority relating to provision of installation-support services through intergovernmental support agreements.

Sec. 352. Management of conventional ammunition inventory.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

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

Sec. 502. Authority for three-month deferral of retirement for officers selected for selective early retirement.

Sec. 503. Repeal of limits on percentage of officers who may be recommended for discharge during a fiscal year under enhanced selective discharge authority.

Sec. 504. Reports on number and assignment of enlisted aides for officers of the Army, Navy, Air Force, and Marine Corps.

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

Sec. 506. Options for Phase II of joint professional military education.

Sec. 507. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning.

Sec. 508. Required consideration of certain elements of command climate in performance appraisals of commanding officers.

Subtitle B—Reserve Component Management

Sec. 511. Retention on the 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. Consultation with Chief of the National Guard Bureau in selection of Directors and Deputy Directors, Army National Guard and Air National Guard.

Sec. 513. Centralized database of information on military technician positions.

Sec. 514. Report on management of personnel records of members of the National Guard.

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. Provision of information to members of the Armed Forces on privacy rights relating to receipt of mental health services.

Sec. 524. Removal of artificial barriers to the service of women in the Armed Forces.

Subtitle D—Military Justice, Including Sexual Assault and Domestic Violence Prevention and Response

Sec. 531. Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system.

Sec. 532. Ordering of depositions under the Uniform Code of Military Justice.

Sec. 533. Access to Special Victims’ Counsel.

Sec. 534. Enhancement of victims' rights in connection with prosecution of certain sex-related offenses.

Sec. 535. Enforcement of crime victims’ rights related to protections afforded by certain Military Rules of Evidence.

Sec. 536. Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence.

Sec. 537. Modification of Rule 513 of the Military Rules of Evidence, relating to the privilege against disclosure of communications between psychotherapists and patients.

Sec. 538. 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. 539. Requirements relating to Sexual Assault Forensic Examiners for the Armed Forces.

Sec. 540. Modification of term of judges of the United States Court of Appeals for the Armed Forces.

Sec. 541. Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial if requested by chief prosecutor.

Sec. 542. 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. 543. Plan for limited use of certain information on sexual assaults in restricted reports by military criminal investigative organizations.

Sec. 544. Improved Department of Defense information reporting and collection of domestic violence incidents involving members of the Armed Forces.

Sec. 545. Additional duties for judicial proceedings panel.

Sec. 546. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 547. Confidential review of characterization of terms of discharge of members of the Armed Forces who are victims of sexual offenses.

Subtitle E—Member Education, Training, and Transition

Sec. 551. Enhancement of authority to assist members of the Armed Forces to obtain professional credentials.

Sec. 552. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies.

Sec. 553. Authorized duration of foreign and cultural exchange activities at military service academies.

Sec. 554. Enhancement of authority to accept support for Air Force Academy athletic programs.

Sec. 555. Pilot program to assist members of the Armed Forces in obtaining post-service employment.

Sec. 556. Plan for education of members of Armed Forces on cyber matters.

Sec. 557. 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. 558. Procedures for provision of certain information to State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life.

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

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 562. Impact aid for children with severe disabilities.

Sec. 563. Amendments to the Impact Aid Improvement Act of 2012.

Sec. 564. Authority to employ non-United States citizens as teachers in Department of Defense overseas dependents’ school system.

Sec. 565. Inclusion of domestic dependent elementary and secondary schools among functions of Advisory Council on Dependents' Education.

Sec. 566. Protection of child custody arrangements for parents who are members of the Armed Forces.

Sec. 567. Improved consistency in data collection and reporting in Armed Forces suicide prevention efforts.

Sec. 568. Improved data collection related to efforts to reduce underemployment of spouses of members of the Armed Forces and close the wage gap between military spouses and their civilian counterparts.

Subtitle G—Decorations and Awards

Sec. 571. 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.

Sec. 572. Authorization for award of the Medal of Honor to members of the Armed Forces for acts of valor during World War I.

Subtitle H—Miscellaneous Reporting Requirements

Sec. 581. Review and report on military programs and controls regarding professionalism.

Sec. 582. Review and report on prevention of suicide among members of United States Special Operations Forces.

Sec. 583. Review and report on provision of job placement assistance and related employment services directly to members of the reserve components.

Sec. 584. Report on foreign language, regional expertise, and culture considerations in overseas military operations.

Sec. 585. Deadline for submission of report containing results of review of Office of Diversity Management and Equal Opportunity role in sexual harassment cases.

Sec. 586. Independent assessment of risk and resiliency of United States Special Operations Forces and effectiveness of the Preservation of the Force and Families and Human Performance Programs.

Sec. 587. Comptroller General report on hazing in the Armed Forces.

Sec. 588. Comptroller General report on impact of certain mental and physical trauma on discharges from military service for misconduct.

Subtitle I—Other Matters

Sec. 591. Inspection of outpatient residential facilities occupied by recovering service members.

Sec. 592. Designation of voter assistance offices.

Sec. 593. Repeal of electronic voting demonstration project.

Sec. 594. Authority for removal from national cemeteries of remains of certain deceased members of the Armed Forces who have no known next of kin.

Sec. 595. Sense of Congress regarding leaving no member of the Armed Forces unaccounted for during the drawdown of United States forces in Afghanistan.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. No fiscal year 2015 increase in basic pay for general and flag officers.

Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 603. 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. 604. Modification of computation of basic allowance for housing inside the United States.

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

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

Sec. 623. 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. 624. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support.

Sec. 625. 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.

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.

Sec. 632. Authority of nonappropriated fund instrumentalities to enter into contracts with other Federal agencies and instrumentalities to provide and obtain certain goods and services.

Sec. 633. Competitive pricing of legal consumer tobacco products sold in Department of Defense retail stores.

Sec. 634. Review of management, food, and pricing options for defense commissary system.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. 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. Elimination of inpatient day limits and other limits in provision of mental health services.

Sec. 704. Authority for provisional TRICARE coverage for emerging health care services and supplies.

Sec. 705. Clarification of provision of food to former members and dependents not receiving inpatient care in military medical treatment facilities.

Sec. 706. Availability of breastfeeding support, supplies, and counseling under the TRICARE program.

Subtitle B—Health Care Administration

Sec. 711. Provision of notice of change to TRICARE benefits.

Sec. 712. Surveys on continued viability of TRICARE Standard and TRICARE Extra.

Sec. 713. Review of military health system modernization study.

Subtitle C—Reports and Other Matters

Sec. 721. Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home.

Sec. 722. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 723. Report on status of reductions in TRICARE Prime service areas.

Sec. 724. Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses.

Sec. 725. Acquisition strategy for health care professional staffing services.

Sec. 726. Pilot program on medication therapy management under TRICARE program.

Sec. 727. Antimicrobial stewardship program at medical facilities of the Department of Defense.

Sec. 728. Report on improvements in the identification and treatment of mental health conditions and traumatic brain injury among members of the Armed Forces.

Sec. 729. Report on efforts to treat infertility of military families.

Sec. 730. Report on implementation of recommendations of Institute of Medicine on improvements to certain resilience and prevention programs of the Department of Defense.

Sec. 731. Comptroller General report on transition of care for post-traumatic stress disorder or traumatic brain injury.

Sec. 732. Comptroller General report on mental health stigma reduction efforts in the Department of Defense.

Sec. 733. Comptroller General report on women's health care services for members of the Armed Forces and other covered beneficiaries.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Modular open systems approaches in acquisition programs.

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

Sec. 803. Amendments relating to defense business systems.

Sec. 804. Report on implementation of acquisition process for information technology systems.

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

Sec. 811. Extension and modification of contract authority for advanced component development and prototype units.

Sec. 812. Amendments relating to authority of the Defense Advanced Research Projects Agency to carry out certain prototype projects.

Sec. 813. Extension of limitation on aggregate annual amount available for contract services.

Sec. 814. Improvement in defense design-build construction process.

Sec. 815. Permanent authority for use of simplified acquisition procedures for certain commercial items.

Sec. 816. Restatement and revision of requirements applicable to multiyear defense acquisitions to be specifically authorized by law.

Sec. 817. Sourcing requirements related to avoiding counterfeit electronic parts.

Sec. 818. Amendments to Proof of Concept Commercialization Pilot Program.

Subtitle C—Industrial Base Matters

Sec. 821. Temporary extension of and amendments to test program for negotiation of comprehensive small business subcontracting plans.

Sec. 822. Plan for improving data on bundled or consolidated contracts.

Sec. 823. Authority to provide education to small businesses on certain requirements of Arms Export Control Act.

Sec. 824. Matters relating to reverse auctions.

Sec. 825. Sole source contracts for small business concerns owned and controlled by women.

Subtitle D—Federal Information Technology Acquisition Reform

Sec. 831. Chief Information Officer authority enhancements.

Sec. 832. Enhanced transparency and improved risk management in information technology investments.

Sec. 833. Portfolio review.

Sec. 834. Federal data center consolidation initiative.

Sec. 835. Expansion of training and use of information technology cadres.

Sec. 836. Maximizing the benefit of the Federal strategic sourcing initiative.

Sec. 837. Governmentwide software purchasing program.

Subtitle E—Never Contract with the Enemy

Sec. 841. Prohibition on providing funds to the enemy.

Sec. 842. Additional access to records.

Sec. 843. Definitions.

Subtitle F—Other Matters

Sec. 851. Rapid acquisition and deployment procedures for United States Special Operations Command.

Sec. 852. Consideration of corrosion control in preliminary design review.

Sec. 853. Program manager development report.

Sec. 854. Operational metrics for Joint Information Environment and supporting activities.

Sec. 855. Compliance with requirements for senior Department of Defense officials seeking employment with defense contractors.

Sec. 856. Enhancement of whistleblower protection for employees of grantees.

Sec. 857. Prohibition on reimbursement of contractors for congressional investigations and inquiries.

Sec. 858. Requirement to provide photovoltaic devices from United States sources.

Sec. 859. Reimbursement of Department of Defense for assistance provided to nongovernmental entertainment-oriented media producers.

Sec. 860. 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.

Sec. 903. Requirement for assessment of options to modify the number of combatant commands.

Sec. 904. Office of Net Assessment.

Sec. 905. Periodic review of Department of Defense management headquarters.

Subtitle B—Other Matters

Sec. 911. Modifications of biennial strategic workforce plan relating to senior management, functional, and technical workforces of the Department of Defense.

Sec. 912. Repeal of extension of Comptroller General report on inventory.

Sec. 913. Extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies.

Sec. 914. Pilot program to establish Government lodging program.

Sec. 915. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services.

Sec. 916. 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. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization and naval reactors.

Sec. 1003. Reporting of balances carried forward by the Department of Defense at the end of each fiscal year.

Subtitle B—Counter-Drug Activities

Sec. 1011. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia.

Sec. 1012. Extension and modification of authority of Department of Defense to provide support for counterdrug activities of other governmental agencies.

Sec. 1013. Availability of funds for additional support for counterdrug activities of certain foreign governments.

Sec. 1014. 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. 1015. Sense of Congress regarding security in the Western Hemisphere.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Definition of combatant and support vessel for purposes of the annual plan and certification relating to budgeting for construction of naval vessels.

Sec. 1022. National Sea-Based Deterrence Fund.

Sec. 1023. Limitation on use of funds for inactivation of U.S.S. George Washington.

Sec. 1024. Sense of Congress recognizing the anniversary of the sinking of U.S.S. Thresher.

Sec. 1025. Pilot program for sustainment of Littoral Combat Ships on extended deployments.

Sec. 1026. Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.

Subtitle D—Counterterrorism

Sec. 1031. Extension of authority to make rewards for combating terrorism.

Sec. 1032. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1033. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Modification of Department of Defense authority for humanitarian demining assistance and stockpiled conventional munitions assistance programs.

Sec. 1042. Airlift service.

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

Sec. 1044. 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. 1045. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors.

Sec. 1046. Inclusion of Chief of the National Guard Bureau among leadership of the Department of Defense provided physical protection and personal security.

Sec. 1047. Inclusion of regional organizations in authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense.

Sec. 1048. Report and limitation on availability of funds for aviation foreign internal defense program.

Sec. 1049. Modifications to OH–58D Kiowa Warrior aircraft.

Subtitle F—Studies and Reports

Sec. 1051. Protection of top-tier defense-critical infrastructure from electromagnetic pulse.

Sec. 1052. Response of the Department of Defense to compromises of classified information.

Sec. 1053. Study on joint analytic capability of the Department of Defense.

Sec. 1054. Business case analysis of the creation of an active duty association for the 168th Air Refueling Wing.

Sec. 1055. Reports on recommendations of the National Commission on the Structure of the Air Force.

Sec. 1056. Report on protection of military installations.

Sec. 1057. Comptroller General briefing and report on Army and Army National Guard force structure changes.

Sec. 1058. Improving analytic support to systems acquisition and allocation of acquisition, intelligence, surveillance and reconnaissance assets.

Sec. 1059. Review of United States military strategy and the force posture of allies and partners in the United States Pacific Command area of responsibility.

Sec. 1060. Repeal of certain reporting requirements relating to the Department of Defense.

Sec. 1061. 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.

Sec. 1062. Report on additional matters in connection with report on the force structure of the United States Army.

Sec. 1063. Certification for realignment of forces at Lajes Air Force Base, Azores.

Subtitle G—Other Matters

Sec. 1071. Technical and clerical amendments.

Sec. 1072. Reform of quadrennial defense review.

Sec. 1073. Biennial surveys of Department of Defense civilian employees on workplace and gender relations matters.

Sec. 1074. Revision to statute of limitations for aviation insurance claims.

Sec. 1075. Pilot program for the Human Terrain System.

Sec. 1076. Clarification of policies on management of special use airspace of Department of Defense.

Sec. 1077. Department of Defense policies on community involvement in Department community outreach events.

Sec. 1078. Notification of foreign threats to information technology systems impacting national security.

Sec. 1079. Pilot program to rehabilitate and modify homes of disabled and low-income veterans.

Title XI—Civilian Personnel Matters

Sec. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1102. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.

Sec. 1103. Revision to list of science and technology reinvention laboratories.

Sec. 1104. Extension and modification of experimental program for scientific and technical personnel.

Sec. 1105. Temporary authorities for certain positions at Department of Defense research and engineering facilities.

Sec. 1106. Rate of overtime pay for Department of the Navy employees performing work aboard or dockside in support of the nuclear aircraft carrier forward deployed in Japan.

Sec. 1107. Extension of part-time reemployment authority.

Sec. 1108. Personnel authorities for civilian personnel for the United States Cyber Command and the cyber component headquarters of the military departments.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Modification and extension of Global Security Contingency Fund.

Sec. 1202. Notice to Congress on certain assistance under authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.

Sec. 1203. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense.

Sec. 1204. Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights.

Sec. 1205. Codification and enhancement of authority to build the capacity of foreign security forces.

Sec. 1206. Training of security forces and associated security ministries of foreign countries to promote respect for the rule of law and human rights.

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. Authority to provide assistance to the vetted Syrian opposition.

Sec. 1210. Provision of logistic support for the conveyance of certain defense articles to foreign forces training with the United States Armed Forces.

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.

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

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

Sec. 1222. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1223. One-year extension of logistical support for coalition forces supporting certain United States military operations.

Sec. 1224. United States plan for sustaining the Afghanistan National Security Forces through the end of fiscal year 2017.

Sec. 1225. Semiannual report on enhancing security and stability in Afghanistan.

Sec. 1226. Sense of Congress on stability and sovereignty of Afghanistan.

Sec. 1227. Extension of Afghan Special Immigrant Program.

Sec. 1228. Independent assessment of United States efforts against al-Qaeda.

Sec. 1229. Sense of Congress on security of Afghan women.

Sec. 1230. Review process for use of United States funds for construction projects in Afghanistan that cannot be physically accessed by United States Government personnel.

Sec. 1231. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1232. One-year extension of authority to use funds for reintegration activities in Afghanistan.

Sec. 1233. Clearance of unexploded ordnance on former United States training ranges in Afghanistan.

Sec. 1234. Report on impact of end of major combat operations in Afghanistan on authority to use military force.

Sec. 1235. Report on bilateral security cooperation with Pakistan.

Sec. 1236. Authority to provide assistance to counter the Islamic State in Iraq and the Levant.

Sec. 1237. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Subtitle C—Matters relating to the Russian Federation

Sec. 1241. Limitation on military cooperation between the United States and the Russian Federation.

Sec. 1242. Notification and assessment of proposal to modify or introduce new aircraft or sensors for flight by the Russian Federation under Open Skies Treaty.

Sec. 1243. Limitations on providing certain missile defense information to the Russian Federation.

Sec. 1244. Report on non-compliance by the Russian Federation with its obligations under the INF Treaty.

Sec. 1245. Annual report on military and security developments involving the Russian Federation.

Sec. 1246. Prohibition on use of funds to enter into contracts or other agreements with Rosoboronexport.

Sec. 1247. Report on the New START Treaty.

Subtitle D—Matters relating to the Asia-Pacific region

Sec. 1251. Strategy to prioritize United States defense interests in the Asia-Pacific region.

Sec. 1252. Modifications to annual report on military and security developments involving the People’s Republic of China.

Sec. 1253. Military-to-military engagement with the Government of Burma.

Sec. 1254. Report on Department of Defense munitions strategy of the United States Pacific Command.

Sec. 1255. Missile defense cooperation in Northeast Asia.

Sec. 1256. Sense of Congress and report on Taiwan and its contribution to regional peace and stability.

Sec. 1257. Independent assessment of the ability of the Department of Defense to counter anti-access and area-denial strategies, capabilities, and other key technologies of potential adversaries.

Sec. 1258. Sense of Congress reaffirming security cooperation with Japan and the Republic of Korea.

Sec. 1259. Report on maritime security strategy in the Asia-Pacific region.

Sec. 1259A. Sense of Congress on Taiwan maritime capabilities and exercise participation.

Sec. 1259B. Modification of matters for discussion in annual reports of United States-China Economic and Security Review Commission.

Subtitle E—Other matters

Sec. 1261. One-year extension of authorization for non-conventional assisted recovery capabilities.

Sec. 1262. Modification of national security planning guidance to deny safe havens to al-Qaeda and its violent extremist affiliates.

Sec. 1263. Enhanced authority to acquire goods and services of Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility.

Sec. 1264. Treatment of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan under the Immigration and Nationality Act.

Sec. 1265. Prohibition on integration of missile defense systems of China into missile defense systems of United States and sense of Congress concerning integration of missile defense systems of Russia into missile defense systems of NATO.

Sec. 1266. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1267. Notification and review of potentially significant arms control noncompliance.

Sec. 1268. Inter-European Air Forces Academy.

Sec. 1269. Department of Defense support to security of United States diplomatic facilities.

Sec. 1270. Information on sanctioned persons and businesses through the Federal Awardee Performance and Integrity Information System.

Sec. 1271. Reports on nuclear program of Iran.

Sec. 1272. Sense of Congress on defense modernization by NATO countries.

Sec. 1273. Report on protection of cultural property in event of armed conflict.

Sec. 1274. United States strategy and plans for enhancing security and stability in Europe.

Sec. 1275. Report on military assistance to Ukraine.

Sec. 1276. Sense of Congress on efforts to remove Joseph Kony from the battlefield and end the atrocities of the Lord's Resistance Army.

Sec. 1277. Extension of annual reports on the military power of Iran.

Sec. 1278. Report and strategy regarding North Africa, West Africa, and the Sahel.

Sec. 1279. Rule of construction.

Sec. 1280. Approval of the Amendment to the Agreement Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes.

Title XIII—Cooperative Threat Reduction

Subtitle A—Funds

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.

Sec. 1312. Definitions.

Part I—Program authorities

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

Sec. 1322. Use of funds for certain emergent threats or opportunities.

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

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

Sec. 1325. Use of contributions to 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.

Sec. 1334. Limitation on availability of funds for Cooperative Threat Reduction activities with Russian Federation.

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 Department of Defense Cooperative Threat Reduction Program.

Sec. 1344. Metrics for 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—Other Matters

Sec. 1411. 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. 1412. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1413. Comptroller General of the United States report on Captain James A. Lovell Federal Health Care Center, North Chicago, Illinois.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health program.

Sec. 1510. Counterterrorism Partnerships Fund.

Sec. 1511. European Reassurance Initiative.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Limitations, Reports, and Other Matters

Sec. 1531. Afghanistan Infrastructure Fund.

Sec. 1532. Afghanistan Security Forces Fund.

Sec. 1533. Joint Improvised Explosive Device Defeat Fund.

Sec. 1534. Counterterrorism Partnerships Fund.

Sec. 1535. European Reassurance Initiative.

Sec. 1536. 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.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

Sec. 1601. Department of Defense Space Security and Defense Program.

Sec. 1602. Evolved expendable launch vehicle notification.

Sec. 1603. Satellite communications responsibilities of Executive Agent for Space.

Sec. 1604. Rocket propulsion system development program.

Sec. 1605.  Pilot program for acquisition of commercial satellite communication services.

Sec. 1606. Update of National Security Space Strategy to include space control and space superiority strategy.

Sec. 1607. Allocation of funds for the Space Security and Defense Program; report on space control.

Sec. 1608. Prohibition on contracting with Russian suppliers of rocket engines for the evolved expendable launch vehicle program.

Sec. 1609. Assessment of evolved expendable launch vehicle program.

Sec. 1610. Competitive procedures required to launch payload for mission number five of the Operationally Responsive Space Program.

Sec. 1611. Availability of additional rocket cores pursuant to competitive procedures.

Sec. 1612. Limitations on availability of funds for weather satellite follow-on system and Defense Meteorological Satellite program.

Sec. 1613. Limitation on availability of funds for space-based infrared systems space data exploitation.

Sec. 1614. Limitations on availability of funds for hosted payload and wide field of view testbed of the space-based infrared systems.

Sec. 1615. Limitations on availability of funds for protected tactical demonstration and protected military satellite communications testbed of the advanced extremely high frequency program.

Sec. 1616. Study of space situational awareness architecture.

Sec. 1617. Briefing on range support for launches in support of national security.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Tactical Exploitation of National Capabilities Executive Agent.

Sec. 1622. One-year extension of report on imagery intelligence and geospatial information support provided to regional organizations and security alliances.

Sec. 1623. Extension of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.

Sec. 1624. Extension of authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad.

Sec. 1625. Assessment and limitation on availability of funds for intelligence activities and programs of United States Special Operations Command and special operations forces.

Sec. 1626. Annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands.

Sec. 1627. Prohibition on National Intelligence Program consolidation.

Sec. 1628. Personnel security and insider threat.

Sec. 1629. Migration of Distributed Common Ground System of Department of the Army to an open system architecture.

Subtitle C—Cyberspace-Related Matters

Sec. 1631. Budgeting and accounting for cyber mission forces.

Sec. 1632. Reporting on cyber incidents with respect to networks and information systems of operationally critical contractors.

Sec. 1633. Executive agents for cyber test and training ranges.

Sec. 1634. Cyberspace mapping.

Sec. 1635. Review of cross domain solution policy and requirement for cross domain solution strategy.

Sec. 1636. Requirement for strategy to develop and deploy decryption service for the Joint Information Environment.

Sec. 1637. Actions to address economic or industrial espionage in cyberspace.

Sec. 1638. Sense of Congress regarding role of reserve components in defense of United States against cyber attacks.

Sec. 1639. Sense of Congress on the future of the Internet and the .MIL top-level domain.

Subtitle D—Nuclear Forces

Sec. 1641. Preparation of annual budget request regarding nuclear weapons.

Sec. 1642. Improvement to biennial assessment on delivery platforms for nuclear weapons and the nuclear command and control system.

Sec. 1643. Congressional Budget Office review of cost estimates for nuclear weapons.

Sec. 1644. Retention of missile silos.

Sec. 1645. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1646. Assessment of nuclear weapon secondary requirement.

Sec. 1647. Certification on nuclear force structure.

Sec. 1648. Advance notice and reports on B61 life extension program.

Sec. 1649. Notification and report concerning removal or consolidation of dual-capable aircraft from Europe.

Sec. 1650. Reports on installation of nuclear command, control, and communications systems at headquarters of United States Strategic Command.

Sec. 1651. Report on plans for response of Department of Defense to INF Treaty violation.

Sec. 1652. Statement of policy on the nuclear triad.

Sec. 1653. Sense of Congress on deterrence and defense posture of the North Atlantic Treaty Organization.

Subtitle E—Missile Defense Programs

Sec. 1661. Availability of funds for Iron Dome short-range rocket defense system.

Sec. 1662. Testing and assessment of missile defense systems prior to production and deployment.

Sec. 1663. Acquisition plan for re-designed exo-atmospheric kill vehicle.

Sec. 1664. Study on testing program of ground-based midcourse missile defense system.

Sec. 1665. Sense of Congress and report on homeland ballistic missile defense.

Sec. 1666. Sense of Congress and report on regional ballistic missile defense.

Title XVII—National Commission on the Future of the Army

Subtitle A—Establishment and Duties of Commission

Sec. 1701. Short title.

Sec. 1702. National Commission on the Future of the Army.

Sec. 1703. Duties of the Commission.

Sec. 1704. Powers of the Commission.

Sec. 1705. Commission personnel matters.

Sec. 1706. Termination of the Commission.

Sec. 1707. Funding.

Subtitle B—Related Limitations

Sec. 1711. Prohibition on use of fiscal year 2015 funds to reduce strengths of Army personnel.

Sec. 1712. Limitations on the transfer, including preparations for the transfer, of AH–64 Apache helicopters assigned to the Army National Guard.

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 authorization 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 authorization of certain fiscal year 2012 project.

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 projects.

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

Sec. 2406. Limitation on project authorization to carry out certain fiscal year 2015 projects pending submission of report.

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 projects.

Sec. 2613. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2614. Extension of authorization of certain fiscal year 2011 projects.

Title XXVII—Base Realignment and Closure Activities

Subtitle A—Authorization of Appropriations

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

Subtitle B—Prohibition on Additional BRAC Round

Sec. 2711. Prohibition on conducting additional Base Realignment and Closure (BRAC) round.

Subtitle C—Other Matters

Sec. 2721. Modification of property disposal procedures under base realignment and closure process.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Congressional notification of construction projects, land acquisitions, and defense access road projects conducted under authorities other than a Military Construction Authorization Act.

Sec. 2802. Modification of authority to carry out unspecified minor military construction.

Sec. 2803. Clarification of authorized use of payments-in-kind and in-kind contributions.

Sec. 2804. Use of one-step turn-key contractor selection procedures for additional facility projects.

Sec. 2805. Limitations on military construction in European Command area of responsibility and European Reassurance Initiative.

Sec. 2806. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Sec. 2807. Application of residential building construction standards.

Sec. 2808. Limitation on construction of new facilities at Guantanamo Bay, Cuba.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Renewals, extensions, and succeeding leases for financial institutions operating on military installations.

Sec. 2812. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions.

Subtitle C—Provisions Related to Asia-Pacific Military Realignment

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

Sec. 2822. Establishment of surface danger zone, Ritidian Unit, Guam National Wildlife Refuge.

Subtitle D—Land Conveyances

Sec. 2831. Land conveyance, Gordo Army Reserve Center, Gordo, Alabama.

Sec. 2832. Land conveyance, West Nome Tank Farm, Nome, Alaska.

Sec. 2833. Land conveyance, former Air Force Norwalk Defense Fuel Supply Point, Norwalk, California.

Sec. 2834. Transfer of administrative jurisdiction and alternative land conveyance authority, former Walter Reed Army Hospital, District of Columbia.

Sec. 2835. Land conveyance, former Lynn Haven fuel depot, Lynn Haven, Florida.

Sec. 2836. Transfers of administrative jurisdiction, Camp Frank D. Merrill and Lake Lanier, Georgia.

Sec. 2837. Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii.

Sec. 2838. Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois.

Sec. 2839. Transfer of administrative jurisdiction, Camp Gruber, Oklahoma.

Sec. 2840. Conveyance, Joint Base Charleston, South Carolina.

Sec. 2841. Land exchanges, Arlington County, Virginia.

Subtitle E—Military Memorials, Monuments, and Museums

Sec. 2851. Acceptance of in-kind gifts on behalf of Heritage Center for the National Museum of the United States Army.

Sec. 2852. Mt. Soledad Veterans Memorial, San Diego, California.

Sec. 2853. Establishment of memorial to the victims of the shooting at the Washington Navy Yard on September 16, 2013.

Subtitle F—Designations

Sec. 2861. Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies.

Subtitle G—Other Matters

Sec. 2871. Report on physical security at Department of Defense facilities.

Title XXIX—Overseas Contingency Operations Military Construction

Sec. 2901. Authorized Army construction and land acquisition project.

Sec. 2902. Authorized Air Force construction and land acquisition projects.

Sec. 2903. Authorized Defense Agency construction and land acquisition project.

Sec. 2904. Authorization of appropriations.

Title XXX—Natural Resources Related General Provisions

Subtitle A—Land Conveyances and Related Matters

Sec. 3001. Land conveyance, Wainwright, Alaska.

Sec. 3002. Sealaska land entitlement finalization.

Sec. 3003. Southeast Arizona land exchange and conservation.

Sec. 3004. Land exchange, Cibola National Wildlife Refuge, Arizona, and Bureau of Land Management land in Riverside County, California.

Sec. 3005. Special rules for Inyo National Forest, California, land exchange.

Sec. 3006. Land exchange, Trinity Public Utilities District, Trinity County, California, the Bureau of Land Management, and the Forest Service.

Sec. 3007. Idaho County, Idaho, shooting range land conveyance.

Sec. 3008. School District 318, Minnesota, land exchange.

Sec. 3009. Northern Nevada land conveyances.

Sec. 3010. San Juan County, New Mexico, Federal land conveyance.

Sec. 3011. Land conveyance, Uinta-Wasatch-Cache National Forest, Utah.

Sec. 3012. Conveyance of certain land to the city of Fruit Heights, Utah.

Sec. 3013. Land conveyance, Hanford Site, Washington.

Sec. 3014. Ranch A Wyoming consolidation and management improvement.

Subtitle B—Public Lands and National Forest System Management

Sec. 3021. Bureau of Land Management permit processing.

Sec. 3022. Internet-based onshore oil and gas lease sales.

Sec. 3023. Grazing permits and leases.

Sec. 3024. Cabin user and transfer fees.

Subtitle C—National Park System Units

Sec. 3030. Addition of Ashland Harbor Breakwater Light to the Apostle Islands National Seashore.

Sec. 3031. Blackstone River Valley National Historical Park.

Sec. 3032. Coltsville National Historical Park.

Sec. 3033. First State National Historical Park.

Sec. 3034. Gettysburg National Military Park.

Sec. 3035. Harriet Tubman Underground Railroad National Historical Park, Maryland.

Sec. 3036. Harriet Tubman National Historical Park, Auburn, New York.

Sec. 3037. Hinchliffe Stadium addition to Paterson Great Falls National Historical Park.

Sec. 3038. Lower East Side Tenement National Historic Site.

Sec. 3039. Manhattan Project National Historical Park.

Sec. 3040. North Cascades National Park and Stephen Mather Wilderness.

Sec. 3041. Oregon Caves National Monument and Preserve.

Sec. 3042. San Antonio Missions National Historical Park.

Sec. 3043. Valles Caldera National Preserve, New Mexico.

Sec. 3044. Vicksburg National Military Park.

Subtitle D—National Park System Studies, Management, and Related Matters

Sec. 3050. Revolutionary War and War of 1812 American battlefield protection program.

Sec. 3051. Special resource studies.

Sec. 3052. National heritage areas and corridors.

Sec. 3053. National historic site support facility improvements.

Sec. 3054. National Park System donor acknowledgment.

Sec. 3055. Coin to commemorate 100th anniversary of the National Park Service.

Sec. 3056. Commission to study the potential creation of a National Women's History Museum.

Sec. 3057. Cape Hatteras National Seashore Recreational Area.

Subtitle E—Wilderness and Withdrawals

Sec. 3060. Alpine Lakes Wilderness additions and Pratt and Middle Fork Snoqualmie Rivers protection.

Sec. 3061. Columbine-Hondo Wilderness.

Sec. 3062. Hermosa Creek watershed protection.

Sec. 3063. North Fork Federal lands withdrawal area.

Sec. 3064. Pine Forest Range Wilderness.

Sec. 3065. Rocky Mountain Front Conservation Management Area and wilderness additions.

Sec. 3066. Wovoka Wilderness.

Sec. 3067. Withdrawal area related to Wovoka Wilderness.

Sec. 3068. Withdrawal and reservation of additional public land for Naval Air Weapons Station, China Lake, California.

Subtitle F—Wild and Scenic Rivers

Sec. 3071. Illabot Creek, Washington, wild and scenic river.

Sec. 3072. Missisquoi and Trout wild and scenic rivers, Vermont.

Sec. 3073. White Clay Creek wild and scenic river expansion.

Sec. 3074. Studies of wild and scenic rivers.

Subtitle G—Trust Lands

Sec. 3077. Land taken into trust for benefit of the Northern Cheyenne Tribe.

Sec. 3078. Transfer of administrative jurisdiction, Badger Army Ammunition Plant, Baraboo, Wisconsin.

Subtitle H—Miscellaneous Access and Property Issues

Sec. 3081. Ensuring public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument.

Sec. 3082. Anchorage, Alaska, conveyance of reversionary interests.

Sec. 3083. Release of property interests in Bureau of Land Management land conveyed to the State of Oregon for establishment of Hermiston Agricultural Research and Extension Center.

Subtitle I—Water Infrastructure

Sec. 3087. Bureau of Reclamation hydropower development.

Sec. 3088. Toledo Bend Hydroelectric Project.

Sec. 3089. East Bench Irrigation District contract extension.

Subtitle J—Other Matters

Sec. 3091. Commemoration of centennial of World War I.

Sec. 3092. Miscellaneous issues related to Las Vegas valley public land and Tule Springs Fossil Beds National Monument.

Sec. 3093. National Desert Storm and Desert Shield Memorial.

Sec. 3094. Extension of legislative authority for establishment of commemorative work in honor of former President John Adams.

Sec. 3095. Refinancing of Pacific Coast groundfish fishing capacity reduction loan.

Sec. 3096. Payments in lieu of taxes.

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. Design and use of prototypes of nuclear weapons for intelligence purposes.

Sec. 3112. Plutonium pit production capacity.

Sec. 3113. Life-cycle cost estimates of certain atomic energy defense capital assets.

Sec. 3114. Expansion of requirement for independent cost estimates on life extension programs and new nuclear facilities.

Sec. 3115. Definition of baseline and threshold for stockpile life extension project.

Sec. 3116. Authorized personnel levels of National Nuclear Security Administration.

Sec. 3117. Cost estimation and program evaluation by National Nuclear Security Administration.

Sec. 3118. Cost containment for Uranium Capabilities Replacement Project.

Sec. 3119. Production of nuclear warhead for long-range standoff weapon.

Sec. 3120. Disposition of weapons-usable plutonium.

Sec. 3121. Limitation on availability of funds for Office of the Administrator for Nuclear Security.

Sec. 3122. Limitation on availability of funds for certain nonproliferation activities between the United States and the Russian Federation.

Sec. 3123. Identification of amounts required for uranium technology sustainment in budget materials for fiscal year 2016.

Subtitle C—Plans and reports

Sec. 3131. Analysis and report on W88 Alt 370 program high explosives options.

Sec. 3132. Analysis of existing facilities and sense of Congress with respect to plutonium strategy.

Sec. 3133. Plan for verification and monitoring of proliferation of nuclear weapons and fissile material.

Sec. 3134. Comments of Administrator for Nuclear Security and Chairman of Nuclear Weapons Council on final report of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.

Subtitle D—Other matters

Sec. 3141. Establishment of Advisory Board on Toxic Substances and Worker Health; extension of authority of Office of Ombudsman for Energy Employees Occupational Illness Compensation Program.

Sec. 3142. Technical corrections to Atomic Energy Defense Act.

Sec. 3143. Technical corrections to National Nuclear Security Administration Act.

Sec. 3144. Technology Commercialization Fund.

Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. Inspector General of Defense Nuclear Facilities Safety Board.

Sec. 3203. Number of employees of Defense Nuclear Facilities Safety Board.

Title XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Administration

Sec. 3501. Authorization of appropriations for national security aspects of the Merchant Marine for fiscal year 2015.

Sec. 3502. Floating dry docks.

Sec. 3503. Sense of Congress on the role of domestic maritime industry in national security.

Sec. 3504. United States Merchant Marine Academy Board of Visitors.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—Procurement

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Title XLII—Research, Development, Test, and Evaluation

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

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

Title XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Title XLIV—Military Personnel

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Title XLV—Other Authorizations

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Title XLVI—Military Construction

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Title XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

3.

Congressional defense committees

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

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.

5.

Explanatory statement

The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 3, 2014, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of Appropriations.

Subtitle B—Army Programs

Sec. 111. Plan on modernization of UH–60A aircraft of Army National Guard.

Subtitle C—Navy Programs

Sec. 121. Construction of San Antonio class amphibious ship.

Sec. 122. Limitation on availability of funds for mission modules for Littoral Combat Ship.

Sec. 123. Extension of limitation on availability of funds for Littoral Combat Ship.

Sec. 124. Report on test evaluation master plan for Littoral Combat Ship seaframes and mission modules.

Sec. 125. Airborne electronic attack capabilities.

Subtitle D—Air Force Programs

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

Sec. 132. Prohibition on availability of funds for retirement of U–2 aircraft.

Sec. 133. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 134. Prohibition on cancellation or modification of avionics modernization program for C–130 aircraft.

Sec. 135. Limitation on availability of funds for retirement of Air Force aircraft.

Sec. 136. Limitation on availability of funds for retirement of E–3 airborne warning and control system aircraft.

Sec. 137. Limitation on availability of funds for divestment or transfer of KC–10 aircraft.

Sec. 138. Limitation on availability of funds for transfer of Air Force C–130H and C–130J aircraft.

Sec. 139. Limitation on availability of funds for transfer of Air Force KC–135 tankers.

Sec. 140. Report on C–130 aircraft.

Sec. 141. Report on status of F–16 aircraft.

Sec. 142. Report on options to modernize or replace T–1A aircraft.

Sec. 143. Report on status of air-launched cruise missile capabilities.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 151. Additional oversight requirements for the undersea mobility acquisition program of the United States Special Operations Command.

Sec. 152. Plan for modernization or replacement of digital avionic equipment.

Sec. 153. Comptroller General report on F–35 aircraft acquisition program.

A

Authorization of Appropriations

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.

B

Army Programs

111.

Plan on modernization of UH–60A aircraft of Army National Guard

(a)

Plan

Not later than March 15, 2015, the Secretary of the Army shall submit to the congressional defense committees a prioritized plan for modernizing the entire fleet of UH–60A aircraft of the Army National Guard.

(b)

Additional elements

The plan under subsection (a) shall set forth the following:

(1)

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

(2)

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.

(3)

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

C

Navy Programs

121.

Construction of San Antonio class amphibious ship

(a)

In general

The Secretary of the Navy may enter into a contract beginning with the fiscal year 2015 program year for the procurement of one San Antonio class amphibious ship. The Secretary may employ incremental funding for such procurement.

(b)

Condition on out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2015 is subject to the availability of appropriations for that purpose for such fiscal year.

122.

Limitation on availability of funds for mission modules for Littoral Combat Ship

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the procurement of additional mission modules for the Littoral Combat Ship program may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees each of the following:

(1)

The Milestone B program goals for cost, schedule, and performance for each module.

(2)

Certification by the Director of Operational Test and Evaluation with respect to the total number for each module type that is required to perform all necessary operational testing.

123.

Extension of limitation on availability of funds for Littoral Combat Ship

Section 124(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 693) is amended by striking this Act or otherwise made available for fiscal year 2014 and inserting this Act, the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015, or otherwise made available for fiscal years 2014 or 2015.

124.

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 progress of the Navy 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.

125.

Airborne electronic attack capabilities

(a)

In general

The Secretary of the Navy shall ensure that the Navy retains the option of procuring more EA–18G aircraft in the event that the Secretary determines that further analysis of airborne electronic attack force structure indicates that the Navy should make such a procurement.

(b)

Briefing

Not later than March 2, 2015, the Secretary shall provide to the congressional defense committees a briefing on—

(1)

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

(2)

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

D

Air Force Programs

131.

Prohibition on availability of funds for retirement of MQ–1 Predator aircraft

(a)

Prohibition

Except as provided by subsection (b), 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 during fiscal year 2015 to retire any MQ–1 Predator aircraft.

(b)

Exception

The prohibition in subsection (a) shall not apply to a damaged MQ–1 Predator aircraft if the Secretary determines that repairing such aircraft is not economically viable.

132.

Prohibition on availability of funds for retirement of U–2 aircraft

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 retire, prepare to retire, or place in storage U–2 aircraft.

133.

Prohibition on availability of funds for retirement of A–10 aircraft

(a)

Prohibition on retirement

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 A–10 aircraft, except for such aircraft the Secretary of the Air Force, as of April 9, 2013, planned to retire.

(b)

Limitation on manning levels

(1)

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.

(2)

Exception

(A)

Back up flying status

The Secretary of Defense may authorize the Secretary of the Air Force to move up to 36 A–10 aircraft in the active component to backup flying status, and make conforming personnel adjustments, for the duration of fiscal year 2015 if—

(i)

on or before the date that is 45 days after the date of the enactment of this Act, the Secretary of Defense submits to the congressional defense committees the certification described in subparagraph (B); and

(ii)

a period of 30 days has elapsed following the date of such submittal.

(B)

Certification

A certification described in this subparagraph is a certification that the Secretary of Defense has—

(i)

received the results of the independent assessment under subsection (c) by the Director of Cost Assessment and Program Evaluation regarding alternative ways to provide manpower during fiscal year 2015 to maintain the fighter fleet of the Air Force and to field F–35 aircraft; and

(ii)

determined, after giving consideration to such assessment, that an action to move A–10 aircraft under subparagraph (A) is required to avoid—

(I)

significantly degrading the readiness of the fighter fleet of the Air Force; or

(II)

significantly delaying the planned fielding of F–35 aircraft.

(c)

Independent assessment

Not later than 30 days after the date of the enactment of this Act, the Director of Cost Assessment and Program Evaluation shall conduct an independent assessment of alternative ways to provide manpower during fiscal year 2015 to maintain the fighter fleet of the Air Force and to field F–35 aircraft. In conducting such assessment, the Director shall give consideration to the implementation approaches proposed by the Air Force and to other alternatives, including the retirement of other aircraft and the use of civilian or contractor maintainers on an interim basis for A–10 aircraft, F–35 aircraft, or other aircraft.

(d)

Comptroller General study

(1)

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.

(2)

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—

(A)

the alternatives considered by the Air Force that led to the recommendation to retire the A–10 fleet, including the relative costs, benefits, and assumptions associated with the alternatives to such retirement;

(B)

any capability gaps in close air support that would be created by such retirement and to what extent the Department of Defense has plans to address such capability gaps; and

(C)

any capability gaps in air superiority or global strike that could be created by the added cost to the Air Force of retaining the A–10 fleet.

134.

Prohibition on cancellation or modification of avionics modernization program for C–130 aircraft

(a)

Prohibition

(1)

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—

(A)

take any action to cancel or modify the avionics modernization program of record for C–130 aircraft; or

(B)

except as provided by paragraph (2), initiate an alternative communication, navigation, surveillance, and air traffic management program for C–130 aircraft that is designed or intended to replace the avionics modernization program described in subparagraph (A).

(2)

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.

(b)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for operation and maintenance for the Office of the Secretary of the Air Force, not more than 85 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Secretary of the Air Force certifies to the congressional defense committees that the Secretary has obligated the funds authorized to be appropriated or otherwise made available for fiscal years prior to fiscal year 2015 for the avionics modernization program of record for C–130 aircraft.

135.

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 a period of 60 days has elapsed following the date on which the Secretary submits the report under subsection (b)(1).

(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 under paragraph (1) 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).

136.

Limitation on availability of funds for retirement of E–3 airborne warning and control system 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 E–3 airborne warning and control systems aircraft, or to retire, prepare to retire, or place in storage any such 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 airborne warning and control system aircraft.

137.

Limitation on availability of funds for divestment or transfer of KC–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 transfer, divest, or prepare to divest any KC–10 aircraft until a period of 60 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees an assessment of the costs and benefits of the proposed divestment or transfer.

(b)

Elements

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

(1)

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

(2)

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.

(3)

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.

138.

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 fiscal year 2015 for the Air Force may be obligated or expended to transfer from one facility of the Department of Defense to another any C–130H or C–130J aircraft until a period of 60 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees an assessment of the costs and benefits of the proposed transfer.

(b)

Elements

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

(1)

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

(2)

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).

(3)

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

(4)

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.

(5)

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.

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

(c)

Comptroller General report

Not later than 60 days after the date on which the Secretary 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 such report, including any findings and recommendations relating to such review.

139.

Limitation on availability of funds for transfer of Air Force KC–135 tankers

(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 transfer from Joint Base Pearl Harbor-Hickam to another facility of the Department of Defense any KC–135 aircraft until a period of 60 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees an assessment of the costs and benefits of the proposed transfer.

(b)

Elements

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

(1)

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

(2)

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

(3)

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.

(4)

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.

(5)

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

140.

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 include specific details of the plan of the Secretary to maintain intra-theater airlift capacity and capability within both the active and reserve components, including the modernization and recapitalization plan for C–130H and C–130J aircraft.

141.

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 inventory of the Air Force.

142.

Report on options to modernize or replace T–1A aircraft

(a)

Report

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 under subsection (a) shall include the following:

(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 Secretary 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 programs of the Air Force, such as the Companion Trainer Program.

143.

Report on status of air-launched cruise missile capabilities

(a)

Findings

Congress finds the following:

(1)

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.

(2)

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.

(3)

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.

(4)

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

(5)

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

(6)

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

(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 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).

(2)

Elements

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

(A)

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

(B)

A description of age-related failure trends, an assessment of potential age-related fleet-wide reliability and supportability problems, and the estimated costs for sustaining the air-launched cruise missile.

(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 air-launched cruise missile 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 established by section 179 of title 10, United States Code.

(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.

E

Defense-wide, Joint, and Multiservice Matters

151.

Additional oversight requirements for the undersea mobility acquisition program of the United States Special Operations Command

Section 144 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1325) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by inserting or the Joint Capabilities Integration and Development system before the semicolon; and

(B)

in paragraph (2), by inserting , or other comparable and qualified entity selected by the Director before the semicolon;

(2)

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

(3)

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

(c)

Technology roadmap

(1)

In general

The Commander shall develop a plan consisting of a technology roadmap for undersea mobility capabilities that includes the following:

(A)

A description of the current capabilities provided by covered elements as of the date of the plan.

(B)

An identification and description of the requirements of the Commander for future undersea mobility platforms.

(C)

An identification of resources necessary to fulfill the requirements identified in subparagraph (B).

(D)

A description of the technology readiness levels of any covered element currently under development as of the date of the plan.

(E)

An identification of any potential gaps or projected shortfall in capability, along with steps to mitigate any such gap or shortfall.

(F)

Any other matters the Commander determines appropriate.

(2)

Submission

The Commander shall submit to the congressional defense committees the plan under paragraph (1) at the same time as the Under Secretary submits the first report under subsection (a)(2) following the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.

.

152.

Plan for modernization or replacement of digital avionic equipment

(a)

Plan required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the potential modernization or replacement of digital avionics equipment, including use of commercial-off-the-shelf digital avionics equipment, to meet the equipment requirements under the Next Generation Air Transportation System of the Federal Aviation Administration.

(b)

Elements

The plan required under subsection (a) shall include the following:

(1)

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)

an identification of the type and number of aircraft that the Secretary will need to upgrade;

(B)

a definition of the upgrades needed for such aircraft; and

(C)

the schedule required for the Secretary to make such upgrades in time to meet such requirements.

(2)

A description of options for—

(A)

acquiring new equipment, including—

(i)

new procurement; and

(ii)

leasing equipment and installation and other services, including the use of public-private partnerships; and

(B)

modernizing existing equipment.

(3)

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

(4)

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

(5)

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.

153.

Comptroller General report on F–35 aircraft acquisition program

(a)

Annual report

Not later than April 15, 2015, and each year thereafter until the F–35 aircraft acquisition program enters into full-rate production, the Comptroller General of the United States shall submit to the congressional defense committees a report reviewing such program.

(b)

Matters included

Each report under subsection (a) shall include the following:

(1)

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

(2)

The progress and results of developmental and operational testing.

(3)

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

(4)

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.

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

Sec. 214. Treatment by Department of Defense Test Resource Management Center of significant modifications to test and evaluation facilities and resources.

Sec. 215. Revision to the service requirement under the Science, Mathematics, and Research for Transformation Defense Education Program.

Sec. 216. Limitation on availability of funds for armored multi-purpose vehicle program.

Sec. 217. Limitation on availability of funds for unmanned carrier-launched airborne surveillance and strike system.

Sec. 218. Limitation on availability of funds for airborne reconnaissance systems.

Sec. 219. Limitation on availability of funds for retirement of Joint Surveillance and Target Attack Radar Systems aircraft.

Subtitle C—Reports

Sec. 221. Reduction in frequency of reporting by Deputy Assistant Secretary of Defense for Systems Engineering.

Sec. 222. Independent assessment of interagency biodefense research and development.

Sec. 223. Briefing on modeling and simulation technological and industrial base in support of requirements of Department of Defense.

Subtitle D—Other Matters

Sec. 231. Modification to requirement for contractor cost sharing in pilot program to include technology protection features during research and development of certain defense systems.

Sec. 232. Pilot program on assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise.

Sec. 233. Pilot program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics.

Sec. 234. Sense of Congress on helicopter health and usage monitoring system of the Army.

A

Authorization of Appropriations

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.

B

Program Requirements, Restrictions, and Limitations

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 further 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 (e):

(e)

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 departments and agencies of the Federal Government, and from State and local governments, to award prizes under this section.

.

(c)

Frequency of reporting

Subsection (f) of such section, as redesignated by subsection (b)(1) of this 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 preceding 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.

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 the 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.

213.

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

Section 2364 of title 10, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (4)—

(i)

by inserting and issue after technology position; and

(ii)

by striking combatant commands and inserting components of the Department of Defense; and

(B)

in paragraph (5), by striking any position paper and all that follows through the period and inserting the following: any technological assessment made by a Defense research facility shall be provided to the Defense Technical Information Center repository to support acquisition decisions.; 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 striking paragraph (2); and

(C)

by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving such paragraphs, as so redesignated, 2 ems to the left.

214.

Treatment by Department of Defense Test Resource Management Center of significant modifications to test and evaluation facilities and resources

(a)

Review of proposed changes

Subsection (c)(1)(B) of section 196 of title 10, United States Code, is amended by inserting after Base the following: , including with respect to the expansion, divestment, consolidation, or curtailment of activities,.

(b)

Elements of strategic plans

Subsection (d)(2) of such section is amended—

(1)

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

(2)

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

(E)

An assessment of plans and business case analyses supporting any significant modification of the test and evaluation facilities and resources of the Department projected, proposed, or recommended by the Secretary of a military department or the head of a Defense Agency for such period, including with respect to the expansion, divestment, consolidation, or curtailment of activities.

.

(c)

Certification of budgets

Subsection (e)(1) of such section is amended by inserting and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year after activities for a fiscal year.

(d)

Assessment of plans for facilities

Such section is further amended—

(1)

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

(2)

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

(f)

Approval of certain modifications

(1)

The Secretary of a military department or the head of a Defense Agency with test and evaluation responsibilities may not implement a projected, proposed, or recommended significant modification of the test and evaluation facilities and resources of the Department, including with respect to the expansion, divestment, consolidation, or curtailment of activities, until—

(A)

the Secretary or the head, as the case may be, submits to the Director a business case analysis for such modification; and

(B)

the Director reviews such analysis and approves such modification.

(2)

The Director shall submit to the Secretary of Defense an annual report containing the comments of the Director with respect to each business case analysis reviewed under paragraph (1)(B) during the year covered by the report.

.

215.

Revision to the service requirement under the Science, Mathematics, and Research for Transformation Defense Education Program

Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, is amended to read as follows:

(B)

in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment for the period of obligated service determined under paragraph (2)—

(i)

with the Department; or

(ii)

with a public or private entity or organization outside of the Department if the Secretary—

(I)

is unable to find an appropriate position for the person within the Department; and

(II)

determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department.

.

216.

Limitation on availability of funds for armored multi-purpose vehicle program

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for research, development, test, and evaluation, Army, for the armored multi-purpose vehicle program, not more than 80 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees the report under subsection (b)(1).

(b)

Report

(1)

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.

(2)

Matters included

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

(A)

An identification of the existing capability gaps of the M–113 family of vehicles assigned, as of the date of the report, to units outside of combat brigades.

(B)

An identification of the mission roles that are in common between—

(i)

such vehicles assigned to units outside of combat brigades; and

(ii)

the vehicles examined in the armor brigade combat team during the armored multi-purpose vehicle analysis of alternatives.

(C)

The estimated timeline and the rough order of magnitude of funding requirements associated with complete M–113 family of vehicles divestiture within the units outside of combat brigades and the risk associated with delaying the replacement of such vehicles.

(D)

A description of the requirements for force protection, mobility, and size, weight, power, and cooling capacity for the mission roles of M–113 family of vehicles assigned to units outside of combat brigades.

(E)

A discussion of the mission roles of the M–113 family of vehicles assigned to units outside of combat brigades that are comparable to the mission roles of the M–113 family of vehicles assigned to armor brigade combat teams.

(F)

A discussion of whether a one-for-one replacement of the M–113 family of vehicles assigned to units outside of combat brigades is likely.

(G)

With respect to mission roles, a discussion of any substantive distinctions that exist in the capabilities of the M–113 family of vehicles that are needed based on the level of the unit to which the vehicle is assigned (not including combat brigades).

(H)

A discussion of the relative priority of fielding among the mission roles.

(I)

An assessment for the feasibility of incorporating medical wheeled variants within the armor brigade combat teams.

217.

Limitation on availability of funds for unmanned carrier-launched airborne surveillance and strike system

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for research, development, test, and evaluation, Navy, for the unmanned carrier-launched airborne surveillance and strike system may be obligated or expended to award a contract for air vehicle segment development until a period of 15 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a report that—

(1)

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

(2)

includes the results of such review.

(b)

Additional report

At the same time that the President submits to Congress the budget for fiscal year 2017 under section 1105(a) of title 31, United States Code, the Secretary of the Navy shall submit to the congressional defense committees a report that—

(1)

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;

(2)

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;

(3)

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;

(4)

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

(5)

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.

218.

Limitation on availability of funds for airborne reconnaissance systems

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for research, development, test, and evaluation, Air Force, for imaging and targeting support of airborne reconnaissance systems, not more than 25 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the appropriate congressional committees—

(1)

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

(2)

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

(b)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means—

(1)

the congressional defense committees; and

(2)

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

219.

Limitation on availability of funds for retirement of Joint Surveillance and Target Attack Radar Systems 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 used to make any significant changes to manning levels with respect to any operational Joint Surveillance and Target Attack Radar Systems aircraft or take any action to retire or to prepare to retire such aircraft until the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the report required by subsection (b).

(b)

Report

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

(1)

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

(2)

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.

C

Reports

221.

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

(2)

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);

(3)

by inserting before paragraph (3), as so redesignated, 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 subsection (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.

; and

(4)

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

(b)

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.

222.

Independent assessment of interagency biodefense research and development

(a)

Independent assessment required

The Secretary of Defense shall enter into a contract with an entity that is not part of the Department of Defense to conduct an assessment of biodefense research and development activities at the National Interagency Biodefense Campus.

(b)

Elements

The assessment conducted under subsection (a) shall include the following:

(1)

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:

(A)

Sharing of funds for intramural and extramural research and other activities—

(i)

within and between the Defense Agencies and the military departments;

(ii)

between the Department of Defense and other Federal agencies; and

(iii)

between the Department of Defense and the private sector.

(B)

Sharing in efforts related to the construction, modernization, and maintenance of research facilities—

(i)

within and between the Defense Agencies and the military departments;

(ii)

between the Department of Defense and other Federal agencies; and

(iii)

between the Department of Defense and the private sector.

(C)

Exchange and mobility of personnel—

(i)

within and between the Defense Agencies and the military departments;

(ii)

between the Department of Defense and other Federal agencies; and

(iii)

between the Department of Defense and the private sector.

(D)

Technology transfer and transition—

(i)

within and between the Defense Agencies and the military departments;

(ii)

between the Department of Defense and other Federal agencies; and

(iii)

between the Department of Defense and the private sector.

(2)

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

(c)

Coordination

The assessment conducted under subsection (a) shall be conducted in coordination with the following:

(1)

The Secretary of Homeland Security.

(2)

The Secretary of Health and Human Services.

(3)

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

(d)

Report

Not later than 540 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the findings of the entity that conducted the assessment under subsection (a) with respect to such assessment.

(e)

Defense Agency defined

In this section, the term Defense Agency has the meaning given such term in section 101 of title 10, United States Code.

223.

Briefing on modeling and simulation technological and industrial base in support of requirements of Department of Defense

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 provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that provides—

(1)

an update to the assessment, findings, and recommendations in the report submitted under section 1059 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2465); and

(2)

the status of implementing any such recommendations.

D

Other Matters

231.

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.

232.

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 Defense Advanced Research Projects Agency to lead research or development projects of the Agency.

(b)

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 one additional period of not more than two years as the Director considers appropriate.

(3)

Application of certain provisions of law

(A)

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.

(B)

A covered individual employed by a covered entity who is assigned to the Agency under the pilot program is deemed to be an employee of the Department of Defense for purposes of the following provisions of law:

(i)

Chapter 73 of title 5, United States Code.

(ii)

Sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code.

(iii)

Sections 1343, 1344, and 1349(b) of title 31, United States Code.

(iv)

Chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), and any other Federal tort liability statute.

(v)

The Ethics in Government Act of 1978 (5 U.S.C. App.).

(vi)

Section 1043 of the Internal Revenue Code of 1986.

(vii)

Chapter 21 of title 41, United States Code.

(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.

(c)

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 nondisclosure 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 carry out the program in accordance with Federal law.

(d)

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.

(e)

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.

(f)

Termination of authority

The authority provided in this section shall expire on September 30, 2025, 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.

(g)

Definitions

In this section:

(1)

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

(2)

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).

233.

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

(b)

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.

(c)

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 teachers at covered schools.

(2)

Establishment of scholarships and fellowships for covered students.

(3)

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.

(4)

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

(d)

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.

(e)

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.

(f)

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.

(g)

Termination

The pilot program shall terminate on September 30, 2020.

(h)

Definitions

In this section:

(1)

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.

(2)

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

234.

Sense of Congress on helicopter health and usage monitoring system of the Army

It is the sense of Congress that—

(1)

a health and usage monitoring system for current and future helicopter platforms of the Army that provides early warning for failing systems may reduce costly emergency maintenance, improve maintenance schedules, and increase fleet readiness; and

(2)

the Secretary of the Army should—

(A)

consider establishing health and usage monitoring requirements; and

(B)

after any decision to proceed with a program of record for such system, use full and open competition in accordance with the Federal Acquisition Regulation.

III

Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Elimination of fiscal year limitation on prohibition of payment of fines and penalties from the Environmental Restoration Account, Defense.

Sec. 312. Method of funding for cooperative agreements under the Sikes Act.

Sec. 313. Report on prohibition of disposal of waste in open-air burn pits.

Sec. 314. Business case analysis of any plan to design, refurbish, or construct a biofuel refinery.

Sec. 315. Environmental restoration at former Naval Air Station Chincoteague, Virginia.

Sec. 316. Limitation on availability of funds for procurement of drop-in fuels.

Sec. 317. Decontamination of a portion of former bombardment area on island of Culebra, Puerto Rico.

Sec. 318. Alternative fuel automobiles.

Subtitle C—Logistics and Sustainment

Sec. 321. Modification of quarterly readiness reporting requirement.

Sec. 322. Additional requirement for strategic policy on prepositioning of materiel and equipment.

Sec. 323. Elimination of authority of Secretary of the Army to abolish arsenals.

Sec. 324. Modification of annual reporting requirement related to prepositioning of materiel and equipment.

Subtitle D—Reports

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

Sec. 332. Army assessment of regionally aligned forces.

Subtitle E—Limitations and Extensions of Authority

Sec. 341. Limitation on authority to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine.

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

Sec. 343. Limitation on transfer of MC–12 aircraft to United States Special Operations Command.

Subtitle F—Other Matters

Sec. 351. Clarification of authority relating to provision of installation-support services through intergovernmental support agreements.

Sec. 352. Management of conventional ammunition inventory.

A

Authorization of Appropriations

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.

B

Energy and Environment

311.

Elimination of fiscal year limitation on prohibition of payment of fines and penalties from the Environmental Restoration Account, Defense

Section 2703(f) of title 10, United States Code, is amended—

(1)

by striking for fiscal years 1995 through 2010,; and

(2)

by striking for fiscal years 1997 through 2010.

312.

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.

.

313.

Report on prohibition of disposal of waste in open-air burn pits

(a)

Review and report required

The Secretary of Defense shall conduct a review of the compliance of the military departments and combatant commands with Department of Defense Instruction 4715.19 and with 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) regarding the disposal of covered waste in burn pits. Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the results of such review. Such report shall address each of the following:

(1)

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

(2)

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.

(3)

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

(4)

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.

(5)

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.

(6)

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.

(7)

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

(b)

Comptroller General review

Not later than 120 days after the date on which the Secretary of Defense submits the report required under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a report containing the assessment of the Comptroller General of the methodology used by the Secretary of Defense in conducting the review under subsection (a), the adequacy of the report, compliance with Department of Defense Instruction and applicable law regarding the disposal of covered waste in burn pits by the military departments and combatant commands, and any additional findings or recommendations the Comptroller General determines are appropriate.

(c)

Definitions

In this section:

(1)

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).

(2)

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—

(A)

has at least 100 attached or assigned United States personnel; and

(B)

is in place for a period of time of 90 days or longer.

(3)

The term burn pit means an area that—

(A)

does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for burning of solid waste; and

(B)

is designated for the purpose of disposing of solid waste by burning in the outdoor air;

(C)

is in a location where at least 100 United States personnel are attached or assigned; and

(D)

is in place longer than 90 days.

(4)

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

314.

Business case analysis of any plan to design, refurbish, or construct a biofuel refinery

Not later than 30 days before entering into a contract for the planning, design, refurbishing, or construction of a biofuel refinery, or of any other facility or infrastructure used to refine biofuels, the Secretary of Defense or the Secretary of the military department concerned shall submit to the congressional defense committees a business case analysis for such planning, design, refurbishing, or construction.

315.

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. 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.).

316.

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 fully burdened cost of that drop-in fuel is cost-competitive with the fully burdened 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 fully burdened cost of the purchase for which the waiver is issued.

(c)

Notice of purchase required

If the Secretary of Defense intends to purchase a drop-in fuel intended for operational use with a fully burdened cost in excess of 10 percent more than the fully burdened cost of a traditional fuel available for the same purpose, the Secretary shall provide notice of such intended purchase to the congressional defense committees by not later than 30 days before the date on which such purchase is intended to be made.

(d)

Definitions

In this section:

(1)

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)

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

(3)

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.

(4)

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.

317.

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.

318.

Alternative fuel automobiles

(a)

Maximum fuel economy increase for alternative fuel automobiles

Section 32906(a) of title 49, United States Code, is amended by striking (except an electric automobile) and inserting (except an electric automobile or, beginning with model year 2016, an alternative fueled automobile that uses a fuel described in subparagraph (E) of section 32901(a)(1)).

(b)

Minimum driving ranges for dual fueled passenger automobiles

Section 32901(c)(2) of title 49, United States Code, is amended—

(1)

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

(2)

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)..

(c)

Electric dual fueled automobiles

Section 32905 of title 49, United States Code, is amended—

(1)

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

(2)

by inserting after subsection (d) the following:

(e)

Electric dual fueled automobiles

(1)

In general

At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of—

(A)

the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(c); and

(B)

the percentage utilization of the model on electricity, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(a)(2).

(2)

Alternative calculation

If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b).

.

(d)

Conforming amendment

Section 32906(b) of title 49, United States Code, is amended by striking section 32905(e) and inserting section 32905(f).

C

Logistics and Sustainment

321.

Modification of quarterly readiness reporting requirement

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

(1)

in subsection (a)—

(A)

by inserting the before military readiness;

(B)

by inserting of the active and reserve components after military readiness; and

(C)

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), (g), (h), and (i).;

(2)

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

(3)

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

(d)

Prepositioned stocks

Each report shall also include a military department-level or agency-level assessment of the readiness of prepositioned stocks, including—

(1)

an assessment of the fill and materiel readiness of stocks by geographic location;

(2)

an overall assessment by military department or Defense Agency of the ability of the respective stocks to meet operation and contingency plans; and

(3)

a mitigation plan for any shortfalls or gaps identified under paragraph (1) or (2) and a timeline associated with corrective action.

;

(4)

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

(5)

in subsection (e)(1), as redesignated by paragraph (4), by striking National Response Plan and inserting National Response Framework;

(6)

in subsection (f), 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 readiness of United States Cyber Command and the readiness of the cyber force of each of the military departments.

;

(7)

in subsection (h), as so redesignated—

(A)

in the subsection heading, by inserting and related after support;

(B)

in paragraph (1), by striking combat support agencies and inserting combat support and related agencies; and

(C)

in paragraph (2), in the matter preceding subparagraph (A), by striking combat support agency and inserting combat support and related agencies; and

(8)

by inserting after subsection (h) the following new subsection (i):

(i)

Major exercise assessments

(1)

Each report under this section shall also include information on each major exercise conducted by a geographic or functional combatant command or military department, including—

(A)

a list of exercises by name for the period covered by the report;

(B)

the cost and location of each such exercise; and

(C)

a list of participants by country or military department.

(2)

In this subsection, the term major exercise means a named major training event, an integrated or joint exercise, or a unilateral major exercise.

.

322.

Additional requirement for strategic policy on prepositioning of materiel and equipment

Section 2229(a)(1) of title 10, United States Code, is amended by inserting support for crisis response elements, after service requirements,.

323.

Elimination of authority of Secretary of the Army to abolish arsenals

(a)

In general

Section 4532 of title 10, United States Code, is amended—

(1)

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

(2)

by striking subsection (b); and

(3)

in the section heading, by striking ; abolition of.

(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.

.

324.

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.

.

D

Reports

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.

332.

Army assessment of regionally aligned forces

At the same time as the President transmits to Congress the budget for fiscal year 2016 under section 1105 of title 31, United States Code, the Secretary of the Army shall submit to the congressional defense committees an assessment of how the Army has—

(1)

captured and incorporated lessons learned through the initial employment of the regionally aligned forces;

(2)

identified, where appropriate, institutionalized and improved region-specific initial, sustaining, and predeployment training;

(3)

improved the coordination of activities among special operations forces, Army regionally aligned forces, Department of State country teams, contractors of the Department of State and the Department of Defense, the geographic combatant commands, the Joint Staff, and international partners;

(4)

identified and evaluated the various Department of Defense appropriations accounts at the subactivity group, project, program, and activity level and other sources of Federal resources used to fund activities of regionally aligned forces, including the amount of funds obligated or expended from each such account;

(5)

identified and assessed the effects associated with activities of regionally aligned forces conducted to meet Department of Defense and geographic combatant command security cooperation requirements;

(6)

identified and assessed the effect on the core mission readiness of regionally aligned forces while supporting geographic combatant commander requirements through regionally aligned force activities, and, in the case of any such effect that is assessed as degrading the core mission readiness of such forces, identified plans to mitigate such degradation;

(7)

identified and assessed opportunities, costs, benefits, and risks associated with the potential expansion of the regionally aligned forces model; and

(8)

identified and assessed opportunities, costs, benefits, and risks associated with retaining or ensuring the availability of regional expertise within forces as aligned to a specific region.

E

Limitations and Extensions of Authority

341.

Limitation on authority to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine

The Secretary of the Air Force may not enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine until the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees that the Secretary of the Air Force has obtained sufficient data to determine that the Secretary of the Air Force is paying a fair and reasonable price for F117 sustainment, maintenance, repair, or overhaul as compared to the PW2000 commercial-derivative engine sustainment price for sustainment, maintenance, repair, or overhaul in the private sector. The Secretary may waive the limitation in the preceding sentence to enter into a contract if the Secretary determines that such a waiver is in the interest of national security.

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.

343.

Limitation on transfer of MC–12 aircraft 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 before the date that is 60 days after the date of 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 containing 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 include—

(A)

a description of 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)

a description of 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 up to 13 aircraft designated by the Secretary of the Air Force to be transferred from the Air Force to the United States Special Operations Command and flown by the Air National Guard in support of special operations aviation foreign internal defense and intelligence, surveillance, and reconnaissance requirements.

F

Other Matters

351.

Clarification of authority relating to provision of installation-support services through intergovernmental support agreements

(a)

Transfer of section 2336 to chapter 159

(1)

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.

(2)

Revised section heading

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

2679.

Installation-support services: intergovernmental support agreements

.

(b)

Clarifying amendments

Such section, as so transferred and redesignated, is further amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking The Secretary concerned and inserting Notwithstanding any other provision of law governing the award of Federal government contracts for goods and services, the Secretary concerned; and

(ii)

by striking a State or local and inserting , on a sole source basis, with a State or local;

(B)

in paragraph (2)—

(i)

by striking Notwithstanding any other provision of law, an and inserting An;

(ii)

by striking subparagraph (A); and

(iii)

by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B) respectively; and

(C)

by adding at the end the following new paragraph:

(4)

Any contract for the provision of installation-support services awarded by the Federal Government or a State or local government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis.

.

(2)

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

(4)

The term intergovernmental support agreement means a legal instrument reflecting a relationship between the Secretary concerned and a State or local government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States.

.

(c)

Clerical amendments

(1)

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

(2)

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:

2679. Installation-support services: intergovernmental support agreements.

.

352.

Management of conventional ammunition inventory

(a)

Consolidation of data

Not later than 240 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue Department-wide guidance designating an authoritative source of data for conventional ammunition. Not later than 10 days after issuing the guidance required by this subsection, the Under Secretary shall notify the congressional defense committees on what source of data has been designated under this subsection.

(b)

Annual report

The Secretary of the Army shall include in the appropriate annual ammunition inventory reports, as determined by the Secretary, information on all available ammunition for use during the redistribution process, including any ammunition that was unclaimed and categorized for disposal by another military service during a year before the year during which the report is submitted.

(c)

Briefing and report

(1)

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.

(2)

Elements

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

(A)

An assessment of the adequacy of Department of Defense 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 of 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 of 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 by not later than April 30, 2015. The report required by that paragraph shall be submitted not later than June 1, 2015.

IV

Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

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.

A

Active Forces

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, 312,980.

402.

Revisions in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 490,000.

(2)

For the Navy, 323,600.

(3)

For the Marine Corps, 184,100.

(4)

For the Air Force, 310,900.

.

B

Reserve Forces

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, 7,000.

(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.

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.

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.

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.

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.

C

Authorization of Appropriations

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.

V

Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties.

Sec. 502. Authority for three-month deferral of retirement for officers selected for selective early retirement.

Sec. 503. Repeal of limits on percentage of officers who may be recommended for discharge during a fiscal year under enhanced selective discharge authority.

Sec. 504. Reports on number and assignment of enlisted aides for officers of the Army, Navy, Air Force, and Marine Corps.

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

Sec. 506. Options for Phase II of joint professional military education.

Sec. 507. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning.

Sec. 508. Required consideration of certain elements of command climate in performance appraisals of commanding officers.

Subtitle B—Reserve Component Management

Sec. 511. Retention on the 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. Consultation with Chief of the National Guard Bureau in selection of Directors and Deputy Directors, Army National Guard and Air National Guard.

Sec. 513. Centralized database of information on military technician positions.

Sec. 514. Report on management of personnel records of members of the National Guard.

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. Provision of information to members of the Armed Forces on privacy rights relating to receipt of mental health services.

Sec. 524. Removal of artificial barriers to the service of women in the Armed Forces.

Subtitle D—Military Justice, Including Sexual Assault and Domestic Violence Prevention and Response

Sec. 531. Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system.

Sec. 532. Ordering of depositions under the Uniform Code of Military Justice.

Sec. 533. Access to Special Victims’ Counsel.

Sec. 534. Enhancement of victims' rights in connection with prosecution of certain sex-related offenses.

Sec. 535. Enforcement of crime victims’ rights related to protections afforded by certain Military Rules of Evidence.

Sec. 536. Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence.

Sec. 537. Modification of Rule 513 of the Military Rules of Evidence, relating to the privilege against disclosure of communications between psychotherapists and patients.

Sec. 538. 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. 539. Requirements relating to Sexual Assault Forensic Examiners for the Armed Forces.

Sec. 540. Modification of term of judges of the United States Court of Appeals for the Armed Forces.

Sec. 541. Review of decisions not to refer charges of certain sex-related offenses for trial by court-martial if requested by chief prosecutor.

Sec. 542. 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. 543. Plan for limited use of certain information on sexual assaults in restricted reports by military criminal investigative organizations.

Sec. 544. Improved Department of Defense information reporting and collection of domestic violence incidents involving members of the Armed Forces.

Sec. 545. Additional duties for judicial proceedings panel.

Sec. 546. Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 547. Confidential review of characterization of terms of discharge of members of the Armed Forces who are victims of sexual offenses.

Subtitle E—Member Education, Training, and Transition

Sec. 551. Enhancement of authority to assist members of the Armed Forces to obtain professional credentials.

Sec. 552. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies.

Sec. 553. Authorized duration of foreign and cultural exchange activities at military service academies.

Sec. 554. Enhancement of authority to accept support for Air Force Academy athletic programs.

Sec. 555. Pilot program to assist members of the Armed Forces in obtaining post-service employment.

Sec. 556. Plan for education of members of Armed Forces on cyber matters.

Sec. 557. 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. 558. Procedures for provision of certain information to State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life.

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

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 562. Impact aid for children with severe disabilities.

Sec. 563. Amendments to the Impact Aid Improvement Act of 2012.

Sec. 564. Authority to employ non-United States citizens as teachers in Department of Defense overseas dependents’ school system.

Sec. 565. Inclusion of domestic dependent elementary and secondary schools among functions of Advisory Council on Dependents' Education.

Sec. 566. Protection of child custody arrangements for parents who are members of the Armed Forces.

Sec. 567. Improved consistency in data collection and reporting in Armed Forces suicide prevention efforts.

Sec. 568. Improved data collection related to efforts to reduce underemployment of spouses of members of the Armed Forces and close the wage gap between military spouses and their civilian counterparts.

Subtitle G—Decorations and Awards

Sec. 571. 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.

Sec. 572. Authorization for award of the Medal of Honor to members of the Armed Forces for acts of valor during World War I.

Subtitle H—Miscellaneous Reporting Requirements

Sec. 581. Review and report on military programs and controls regarding professionalism.

Sec. 582. Review and report on prevention of suicide among members of United States Special Operations Forces.

Sec. 583. Review and report on provision of job placement assistance and related employment services directly to members of the reserve components.

Sec. 584. Report on foreign language, regional expertise, and culture considerations in overseas military operations.

Sec. 585. Deadline for submission of report containing results of review of Office of Diversity Management and Equal Opportunity role in sexual harassment cases.

Sec. 586. Independent assessment of risk and resiliency of United States Special Operations Forces and effectiveness of the Preservation of the Force and Families and Human Performance Programs.

Sec. 587. Comptroller General report on hazing in the Armed Forces.

Sec. 588. Comptroller General report on impact of certain mental and physical trauma on discharges from military service for misconduct.

Subtitle I—Other Matters

Sec. 591. Inspection of outpatient residential facilities occupied by recovering service members.

Sec. 592. Designation of voter assistance offices.

Sec. 593. Repeal of electronic voting demonstration project.

Sec. 594. Authority for removal from national cemeteries of remains of certain deceased members of the Armed Forces who have no known next of kin.

Sec. 595. Sense of Congress regarding leaving no member of the Armed Forces unaccounted for during the drawdown of United States forces in Afghanistan.

A

Officer Personnel Policy

501.

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.

.

502.

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 inserting (1) before The Secretary concerned;

(2)

by striking 90 days and inserting three months; and

(3)

by adding at the end the following new paragraph:

(2)

An officer recommended for early retirement under this section, if approved for deferral under paragraph (1), 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)

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

(1)
(A)

An officer in a grade below brigadier general or rear admiral (lower half) who is recommended for early retirement under this section or section 638a of this title and whose early retirement is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than 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.

(B)

If an officer described in subparagraph (A) is not eligible for retirement under any provision of law, the officer shall be retained on active duty until the officer is qualified for retirement under section 3911, 6323, or 8911 of this title, and then be retired under that section, unless the officer is sooner retired or discharged under some other provision of law, with such retirement under that section occurring not later than the later of the following:

(i)

The first day of the month beginning after the month in which the officer becomes qualified for retirement under that section.

(ii)

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.

; and

(2)

in paragraph (3)—

(A)

by inserting (A) before The Secretary concerned;

(B)

by striking 90 days and inserting three months; and

(C)

by adding at the end the following new subparagraphs:

(B)

An officer recommended for early retirement under paragraph (1)(A) or section 638a of this title, if approved for deferral under subparagraph (A), 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.

(C)

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.

(D)

An officer recommended for early retirement under paragraph (2), if approved for deferral under subparagraph (A), 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.

.

503.

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.

504.

Reports on number and assignment of enlisted aides for officers of the Army, Navy, Air Force, and Marine Corps

(a)

Annual report on number of enlisted aides

Section 981 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

Not later than March 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report—

(1)

specifying the number of enlisted aides authorized and allocated for general officers and flag officers of the Army, Navy, Air Force, Marine Corps, and joint pool as of September 30 of the previous year; and

(2)

justifying, on a billet-by-billet basis, the authorization and assignment of each enlisted aide to each general officer and flag officer position.

.

(b)

Report on reduction in number of enlisted aides and authorization and assignment procedures and duties

Not later than June 30, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the following:

(1)

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

(A)

authorizes enlisted aides to perform on the personal staffs of officers of an Armed Force under the jurisdiction of the Secretary concerned; and

(B)

considers necessary to be performed by enlisted aides to relieve the officers from minor duties, which, if performed by the officers, would be done at the expense of the officers’ primary military or official duties.

(2)

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

(A)

between the Army, Navy, Air Force, and Marine Corps and the joint pool;

(B)

within each Armed Force, including the regulations prescribed by the Secretaries of the military departments regarding the allocation of enlisted aides; and

(C)

within the joint pool.

(3)

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.

(4)

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

(c)

Report objective

In developing the report required by subsection (b), the Secretary of Defense shall have the objective of reducing the maximum number of enlisted aides authorized and allocated for general officers and flag offers by 40, subject to the validation of duties under subsection (b)(1) and the billet-by-billet justification of positions under subsection (b)(3).

(d)

Comptroller General Review

(1)

Review required

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

(2)

Elements of review

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

(A)

An assessment of the methodology used by the Secretary of Defense in satisfying the requirements imposed by paragraphs (1), (2), and (3) of subsection (b).

(B)

An assessment of the adequacy of the data used by the Secretary to support the conclusions contained in the report.

(3)

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).

505.

Repeal of requirement for submission 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.

506.

Options for Phase II of joint professional military education

Section 2154(a)(2) of title 10, United States Code, is amended by striking consisting of a joint professional military education curriculum and all that follows through the period at the end and inserting the following:

consisting of—

(A)

a joint professional military education curriculum taught in residence at the Joint Forces Staff College or a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution; or

(B)

a senior level service course of at least ten months that has been designated and certified by the Secretary of Defense as a joint professional military education course.

.

507.

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.

.

508.

Required consideration of certain elements of command climate in performance appraisals of commanding officers

The Secretary of a military department shall ensure that the performance appraisal of a commanding officer in an Armed Force under the jurisdiction of that Secretary indicates the extent to which the commanding officer has or has not established a command climate in which—

(1)

allegations of sexual assault are properly managed and fairly evaluated; and

(2)

a victim of criminal activity, including sexual assault, can report the criminal activity without fear of retaliation, including ostracism and group pressure from other members of the command.

B

Reserve Component Management

511.

Retention on the 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 certain 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 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;

(2)

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

(3)

by adding at the end the following new subparagraphs:

(B)

A reserve officer covered by 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), and who—

(i)

is a health professions officer; or

(ii)

is actively pursuing an undergraduate program of education leading to a baccalaureate degree.

(C)

The consideration of a reserve officer for continuation on the reserve active-status list pursuant to this paragraph is subject to the needs of the service and to section 14509 of this title.

.

(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 of this title 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.

.

512.

Consultation with Chief of the National Guard Bureau in selection of Directors and Deputy Directors, Army National Guard and Air National Guard

(a)

Role of Chief of the National Guard Bureau

Paragraph (1) of section 10506(a) of title 10, United States Code, is amended—

(1)

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

(2)

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

(b)

Clarifying amendment

Paragraph (2) of such section is amended by striking The officers so selected and inserting The Director and Deputy Director, Army National Guard, and the Director and Deputy Director, Air National Guard,.

(c)

Repeal of obsolete provision

Paragraph (3) of such section is amended—

(1)

by striking subparagraph (D); and

(2)

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

(d)

Application of amendments

The amendments made by subsection (a) shall apply with respect to assignments to the National Guard Bureau under section 10506 of title 10, United States Code, that occur after the date of the enactment of this Act.

513.

Centralized database of information on military technician positions

(a)

Centralized database required

The Secretary of Defense shall establish and maintain a centralized database of information on military technician positions that will contain and set forth current information on all military technician positions of the Armed Forces.

(b)

Elements

(1)

Identification of positions

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

(2)

Additional details

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

(A)

A description of the functions of the position.

(B)

A statement of the military necessity for the position.

(C)

A statement of whether the position is—

(i)

a general administration, clerical, or office service occupation; or

(ii)

directly related to the maintenance of military readiness.

(c)

Consultation

The Secretary of Defense shall establish the database required by subsection (a) in consultation with the Secretaries of the military departments.

(d)

Implementation report

Not later than September 1, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the progress made in establishing the database required by subsection (a).

514.

Report on management of personnel records of members of the National Guard

(a)

Report required

Not later than December 1, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the management of personnel records of members of the Army National Guard of the United States and the Air Guard of the United States.

(b)

Elements of report

In preparing the report under subsection (a), the Secretary of Defense shall assess the following:

(1)

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.

(2)

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

(3)

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

(4)

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.

(5)

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

(A)

are discharged or separated from the National Guard;

(B)

are transferred to the Retired Reserve; or

(C)

but for age, would be eligible for retired or retainer pay.

C

General Service Authorities

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

(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 special training on mental health disorders.

.

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 (m) of section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note) is amended—

(1)

by inserting (1) before No member;

(2)

by striking December 31, 2015 and inserting December 31, 2019; 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, 2022.

.

(b)

Reporting requirements

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, 2023; and

(3)

by adding at the end the following new paragraph:

(4)

Additional elements for final report

In addition to the elements required by paragraph (3), the final report under this subsection shall include the following:

(A)

A description of the costs to each military department of each pilot program conducted under this section.

(B)

A description of the reasons why members choose to participate in the pilot programs.

(C)

A description of the members who did not return to active duty at the conclusion of their inactivation from active duty under the pilot programs, and a statement of the reasons why the members did not return to active duty.

(D)

A statement whether members were required to perform inactive duty training as part of their participation in the pilot programs, and if so, a description of the members who were required to perform such inactive duty training, a statement of the reasons why the members were required to perform such inactive duty training, and a description of how often the members were required to perform such inactive duty training.

.

523.

Provision of information to members of the Armed Forces on privacy rights relating to receipt of mental health services

(a)

Provision of information required

The Secretaries of the military departments shall ensure that the information described in subsection (b) is provided—

(1)

to each officer candidate during initial training;

(2)

to each recruit during basic training; and

(3)

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

(b)

Required information

The information required to be provided under subsection (a) shall include information on the applicability of the Department of Defense Instruction on Privacy of Individually Identifiable Health Information in DoD Health Care Programs and other regulations regarding privacy prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) to records regarding a member of the Armed Forces seeking and receiving mental health services.

524.

Removal of artificial barriers to the service of women in the Armed Forces

(a)

Role of Secretary of defense in development of gender-neutral occupational standards

The Secretary of Defense shall ensure that the gender-neutral occupational standards being developed by the Secretaries of the military departments pursuant to section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note), as amended by section 523 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 756)—

(1)

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

(2)

are applied equitably to measure individual capabilities.

(b)

Female personal protection gear

The Secretary of Defense shall direct each Secretary of a military department to take immediate steps to ensure that combat equipment distributed to female members of the Armed Forces—

(1)

is properly designed and fitted; and

(2)

meets required standards for wear and survivability.

(c)

Review of outreach and recruitment efforts focused on officers

(1)

Review required

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

(2)

Elements of Review

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

(A)

identify and evaluate current initiatives the Armed Forces are using to increase accession of women into the officer corps;

(B)

identify new recruiting efforts to increase accessions of women into the officer corps specifically at the military service academies, Officer Candidate Schools, Officer Training Schools, the Academy of Military Science, and Reserve Officer Training Corps; and

(C)

identify efforts, resources, and funding required to increase military service academy accessions by women.

(3)

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.

D

Military Justice, Including Sexual Assault and Domestic Violence Prevention and Response

531.

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;

(B)

in subparagraph (B)(i)—

(i)

by striking , other than a charge or specification for a qualifying offense,; and

(ii)

by inserting , but may take such action with respect to a qualifying offense after thereto; and

(C)

in subparagraph (B)(ii)—

(i)

by striking , other than a charge or specification for a qualifying offense,; and

(ii)

by inserting , but may take such action with respect to a qualifying offense before the period.

(2)

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).

(3)

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—

(A)

in paragraph (2)(A)—

(i)

in clause (i), by inserting , if applicable after (article 54(e)); and

(ii)

in clause (ii), by striking if applicable,; and

(B)

in paragraph (5), 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 title 10, United States Code (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 (Public Law 113–66; 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 (Public Law 113–66; 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 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.

(b)

Defense counsel interview of victim of an alleged sex-related offense

(1)

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.

(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

Section 1044e of title 10, United States Code, as added by section 1716(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 113–66; 127 Stat. 966), is amended—

(1)

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

(2)

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

(3)

in subsection (e)(1), 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 (Public Law 113–66; 127 Stat. 961), is amended by striking force and inserting unlawful force.

(2)

Conforming amendments

(A)

Article 43

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)

Article 118

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 (Public Law 113–66; 127 Stat. 977; 10 U.S.C. prec. 501 note) is amended by inserting who is pursuing 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 (Public Law 113–66; 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 (but 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.

(g)

Revision to effective dates to facilitate transition to revised rules for preliminary hearing requirements and convening authority action post-conviction

(1)

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..

(2)

Transition rule for amendments related to Article 60

(A)

Transition rule

Section 1702(d)(2) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 958; 10 U.S.C. 860 note) is amended—

(i)

by striking The amendments and inserting (A) Except as provided in subparagraph (B), the amendments; and

(ii)

by adding at the end the following new subparagraph:

(B)

With respect to the findings and sentence of a court-martial that includes both a conviction for an offense committed before the effective date specified in subparagraph (A) and a conviction for an offense committed on or after that effective date, the convening authority shall have the same authority to take action on such findings and sentence as was in effect on the day before such effective date, except with respect to a mandatory minimum sentence under section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice).

.

(B)

Application of amendments

The amendments made by subparagraph (A) shall not apply to the findings and sentence of a court-martial with respect to which the convening authority has taken action before the date that is 30 days after the date of the enactment of this Act.

532.

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.

.

533.

Access to Special Victims’ Counsel

(a)

In general

Subsection (a) of section 1044e of title 10, United States Code, is amended to read as follows:

(a)

Designation; purposes

(1)

The Secretary concerned shall designate legal counsel (to be known as Special Victims’ Counsel) for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.

(2)

An individual described in this paragraph is any of the following:

(A)

An individual eligible for military legal assistance under section 1044 of this title.

(B)

An individual who is—

(i)

not covered under subparagraph (A);

(ii)

a member of a reserve component of the armed forces; and

(iii)

a victim of an alleged sex-related offense as described in paragraph (1)—

(I)

during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or

(II)

during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.

.

(b)

Conforming amendments

Subsection (f) of such section is amended by striking eligible for military legal assistance under section 1044 of this title each place it appears and inserting described in subsection (a)(2).

534.

Enhancement of victims' rights in connection with prosecution of certain sex-related offenses

(a)

Representation by Special Victims' Counsel

Section 1044e(b)(6) of title 10, United States Code, is amended by striking Accompanying the victim and inserting Representing the victim.

(b)

Consultation regarding victim’s preference in prosecution venue

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(c)

Modification of Manual for Courts-Martial

Not later than 180 days after the date of the enactment of this Act, Part III of 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 the alleged sex-related 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)).

(d)

Notice to counsel on scheduling of proceedings

The 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 amended by subsection (a)), 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.

(e)

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 such title.

535.

Enforcement of crime victims’ rights related to protections afforded by certain Military Rules of Evidence

Section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

(e)

Enforcement by Court of Criminal Appeals

(1)

If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence.

(2)

Paragraph (1) applies with respect to the protections afforded by the following:

(A)

Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.

(B)

Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.

.

536.

Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence

(a)

Modification required

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 subsection (b).

(b)

Covered Offenses

Subsection (a) applies to the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice):

(1)

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

(2)

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

(3)

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

(4)

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.

(5)

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).

537.

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 communications with other licensed mental health professionals within the communications covered by the privilege.

(2)

To strike the current exception to the privilege contained in subparagraph (d)(8) of Rule 513.

(3)

To require a party seeking production or admission of records or communications protected by the privilege—

(A)

to 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)

to demonstrate by a preponderance of the evidence that the requested information meets one of the enumerated exceptions to the privilege;

(C)

to show that the information sought is not merely cumulative of other information available; and

(D)

to 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.

538.

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. 1434; 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.

.

539.

Requirements relating to Sexual Assault Forensic Examiners for the Armed Forces

(a)

Personnel eligible for assignment

(1)

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:

(A)

A physician.

(B)

A nurse practitioner.

(C)

A nurse midwife.

(D)

A physician assistant.

(E)

A registered nurse.

(2)

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.

(b)

Training and certification

(1)

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.

(2)

Elements

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

(A)

a Sexual Assault Nurse Examiner—Adult/Adolescent (SANE–A) certification or equivalent certification; or

(B)

training and clinical or forensic experience in sexual assault forensic examinations similar to that required for a certification described in subparagraph (A).

(3)

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.

(4)

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.

(c)

Report on Training and Qualifications of Sexual Assault Forensic Examiners

(1)

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.

(2)

Report elements

The report shall include the following:

(A)

An assessment of the adequacy of the training and certifications required for the members and employees described in paragraph (1).

(B)

Such improvements as the Secretary of Defense considers appropriate in the process used to select and assign members and employees to positions that include responsibility for sexual assault forensic examinations.

(C)

Such improvements as the Secretary considers appropriate for training and certifying member and employees that perform sexual assault forensic examinations.

(3)

Submission

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

(d)

Conforming and Clerical amendments

(1)

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—

(A)

in the subsection heading, by striking Nurse Examiners and inserting Forensic Examiners;

(B)

in paragraphs (1) and (2), by striking sexual assault nurse examiner each place it appears and inserting Sexual Assault Forensic Examiner;

(C)

in paragraph (1), by striking sexual assault nurse examiners and inserting Sexual Assault Forensic Examiners; and

(D)

by striking paragraph (3).

(2)

Clerical amendment

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

540.

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 (article 142(b)(2) of the Uniform Code of Military Justice), 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).

541.

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, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority if the chief prosecutor of the Armed Force concerned, in response to a request by the detailed counsel for the Government, requests review of the decision by the Secretary.

(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.

.

542.

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 take effect on the date of the enactment of this Act and 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.

543.

Plan for limited use of certain information on sexual assaults in restricted reports by military criminal investigative organizations

(a)

Plan required

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 plan that will allow an individual who files a restricted report on an incident of sexual assault to elect to permit a military criminal investigative organization, on a confidential basis and without affecting the restricted nature of the report, to access certain information in the report, including identifying information of the alleged perpetrator if available, for the purpose of identifying individuals who are suspected of perpetrating multiple sexual assaults.

(b)

Plan elements

The plan required by subsection (a) shall include the following:

(1)

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

(2)

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

(3)

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.

544.

Improved Department of Defense information reporting and collection of domestic violence incidents involving members of the Armed Forces

(a)

Data reporting and collection improvements

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop a comprehensive management plan to address deficiencies in the reporting of information on incidents of domestic violence involving members of the Armed Forces for inclusion in the Department of Defense database on domestic violence incidents required by section 1562 of title 10, United States Code, to ensure that the database provides an accurate count of domestic violence incidents and any consequent disciplinary action.

(b)

Conforming amendment

Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 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.

545.

Additional duties for judicial proceedings panel

(a)

Additional duties imposed

The independent panel established by the Secretary of Defense 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, shall perform the following additional duties:

(1)

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.

(2)

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

(A)

users of and personnel staffing the Department of Defense Safe Helpline; and

(B)

users of and personnel staffing of the Department of Defense Safe HelpRoom.

(b)

Submission of results

The judicial proceedings panel shall include the results of the reviews and assessments conducted under subsection (a) in one of the reports required by section 576(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1760).

546.

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

(a)

Establishment required

(1)

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).

(2)

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.

(b)

Membership

The Advisory Committee shall consist of not more than 20 members, to be appointed by the Secretary of Defense, who have experience with the investigation, prosecution, and defense of allegations of sexual assault offenses. Members of the Advisory Committee may include Federal and State prosecutors, judges, law professors, and private attorneys. Members of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee.

(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 involving members of 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 review, on an ongoing basis, cases involving allegations of sexual misconduct described in paragraph (1).

(d)

Annual reports

Not later than March 30 each year, the Advisory Committee shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report describing 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 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.

(f)

Due date for annual report of judicial proceedings panel

Section 576(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1760) is amended by inserting annually thereafter after reports.

547.

Confidential review of characterization of terms of discharge of members of the Armed Forces who are victims of sexual offenses

(a)

Confidential review process through boards for correction of military records

The Secretaries of the military departments shall each establish a confidential process, utilizing boards for the correction of military records of the military department concerned, by which an individual who was the victim of a sex-related offense during service in the Armed Forces may challenge the terms or characterization of the discharge or separation of the individual from the Armed Forces on the grounds that the terms or characterization were adversely affected by the individual being the victim of such an offense.

(b)

Consideration of individual experiences in connection with offenses

In deciding whether to modify the terms or characterization of the discharge or separation from the Armed Forces of an individual described in subsection (a), the Secretary of the military department concerned shall instruct boards for the correction of military records—

(1)

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

(2)

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

(c)

Preservation of confidentiality

Documents considered and decisions rendered pursuant to the process required by subsection (a) shall not be made available to the public, except with the consent of the individual concerned.

(d)

Sex-related offense defined

In this section, the term sex-related 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).

E

Member Education, Training, and Transition

551.

Enhancement of authority to assist 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.

Program to assist members in obtaining professional credentials

(a)

Program required

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 related to military training and skills that—

(1)

are acquired during service in the armed forces incident to the performance of their military duties; and

(2)

translate into civilian occupations.

(b)

Payment of expenses

(1)

Under the program required by this section, 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 provide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional licenses, professional certification, and related expenses.

(2)

The authority under paragraph (1) 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. Program to assist members in obtaining professional credentials.

.

552.

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), including amendments made by that title, and the provisions of subtitle D, including amendments made by such 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 the Department in which the Coast Guard is operating 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), including amendments made by that title, and the provisions of subtitle D, including amendments made by such subtitle, apply to the Coast Guard Academy.

553.

Authorized duration of foreign and cultural exchange activities at military service academies

(a)

United States 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.

554.

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 of this title (other than subsection (d) of such section), 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.

.

555.

Pilot program to assist members of the Armed Forces in obtaining post-service employment

(a)

Program authorized

The Secretary of Defense may conduct the program described in subsection (c) to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services to eligible members of the Armed Forces described in subsection (b) for the purposes of—

(1)

assisting such members in obtaining post-service employment; and

(2)

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.

(b)

Eligible members

Employment services provided under the program are limited to members of the Armed Forces, including members of the reserve components, who are being separated from the Armed Forces or released from active duty.

(c)

Evaluation of use of civilian employment staffing agencies

(1)

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.

(2)

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—

(A)

administering pay-for-performance programs; and

(B)

within the employment staffing industry.

(3)

Exclusion

The program manager may not be a staffing agency.

(d)

Eligible civilian employment staffing agencies

In consultation with the program manager if utilized under subsection (c)(2), the Secretary of Defense shall establish the eligibility requirements to be used for the selection of civilian employment staffing agencies to participate in the program. In establishing the eligibility requirements for the selection of the civilian employment staffing agencies, the Secretary of Defense shall also take into account civilian employment staffing agencies that are willing to work and consult with State and county Veterans Affairs offices and State National Guard offices, when appropriate.

(e)

Payment of staffing agency fees

To encourage employers to employ an eligible member of the Armed Forces under the program if executed under this section, the Secretary of Defense shall pay a participating civilian employment staffing agency a portion of its agency fee (not to exceed 50 percent above the member's hourly wage). Payment of the agency fee will only be made after the member has been employed and paid by the private sector and the hours worked have been verified by the Secretary. The staffing agency shall be paid on a weekly basis only for hours the member worked, but not to exceed a total of 800 hours.

(f)

Oversight requirements

In conducting the program, the Secretary of Defense shall establish—

(1)

program monitoring standards; and

(2)

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.

(g)

Source and limitation on program obligations

Of the amounts authorized to be appropriated to the Secretary of Defense for operation and maintenance for each fiscal year during which the program under this section is authorized, not more than $35,000,000 may be used to carry out the program.

(h)

Reporting requirements

(1)

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.

(2)

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.

(3)

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.

(i)

Duration of authority

The authority of the Secretary of Defense to carry out programs under this section expires on September 30, 2018.

556.

Plan for education of members of Armed Forces on cyber matters

(a)

Plan required

Not later than 360 days after the date of the enactment of this Act, the Secretary of Defense, in cooperation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the education of officers and enlisted members of the Armed Forces relating to cyber security and cyber activities of the Department of Defense.

(b)

Elements

The plan submitted under subsection (a) shall include the following:

(1)

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

(2)

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

(3)

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.

557.

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 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 is publically available and 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.) may be used in conjunction with educational assistance provided under chapters 30 and 33 of title 38, United States Code.

(B)

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.

(C)

Information about the GI Bill Comparison Tool of the Department of Veterans Affairs.

(D)

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 institution of higher learning may be violating any of such principles.

(E)

Information to enable individuals described in paragraph (1) to develop a post-secondary education plan appropriate and compatible with their educational goals.

(F)

Such other information as the Secretary of Education considers appropriate.

(3)

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.

(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)

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 types of institutions of higher learning means the following:

(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) or (c) of section 102 of such Act (20 U.S.C. 1002).

558.

Procedures for provision of certain information to State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life

(a)

Procedures required

The Secretary of Defense shall develop procedures to share the information described in subsection (b) regarding members of the Armed Forces who are being separated from the Armed Forces with State veterans agencies in electronic data format as a means of facilitating the transition of such members from military service to civilian life.

(b)

Covered information

The information to be shared with State veterans agencies regarding a member shall include the following:

(1)

Military service and separation data.

(2)

A personal email address.

(3)

A personal telephone number.

(4)

A mailing address.

(c)

Consent

The procedures developed pursuant to subsection (a) shall require the consent of a member of the Armed Forces before any information described in subsection (b) regarding the member is shared with a State veterans agency.

(d)

Use of information

The Secretary of Defense shall ensure that the information shared with State veterans agencies in accordance with the procedures developed pursuant to subsection (a) is only shared by such agencies with county government veterans service offices for such purposes as the Secretary shall specify for the administration and delivery of benefits.

(e)

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

(A)

in developing the procedures required by subsection (a); and

(B)

in sharing information with State veterans agencies as described in such subsection.

(2)

Contents

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

(A)

A description of the procedures developed to share information with State veterans agencies.

(B)

A description of the sharing activities carried out by the Secretary in accordance with such procedures.

(C)

The number of members of the Armed Force who gave their consent for the sharing of information with State veterans agencies.

(D)

Such recommendations as the Secretary may have for legislative or administrative action to improve the sharing of information as described in subsection (a).

F

Defense Dependents' Education and Military Family Readiness Matters

561.

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)).

562.

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).

563.

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)—

(A)

by inserting (other than the amendment made by paragraph (3)(A) of such subsection) after subsection (b); and

(B)

by striking 2-year and inserting 5-year; and

(2)

in paragraph (4)—

(A)

by inserting (other than the amendment made by paragraph (3)(A) of such subsection) after subsection (b);

(B)

by striking 2-year and inserting 5-year; and

(C)

by inserting (other than the amendment made by paragraph (3)(A) of such subsection) after made by such subsection.

564.

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 before the comma at the end the following: or, in the case of a teaching position that involves instruction in the host-nation language, a local national when a citizen of the United States is not reasonably available to provide such instruction.

565.

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

(a)

Expansion of functions

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.

566.

Protection of child custody arrangements for parents who are members of the Armed Forces

(a)

Child custody protection

Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section:

208.

Child custody protection

(a)

Duration of temporary custody order based on certain deployments

If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.

(b)

Limitation on consideration of member's deployment in determination of child's best interest

If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.

(c)

No Federal jurisdiction or right of action or removal

Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.

(d)

Preemption

In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.

(e)

Deployment defined

In this section, the term deployment means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—

(1)

that are designated as unaccompanied;

(2)

for which dependent travel is not authorized; or

(3)

that otherwise do not permit the movement of family members to that location.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:

Sec. 208. Child custody protection.

.

567.

Improved consistency in data collection and reporting in Armed Forces suicide prevention efforts

(a)

Policy for standard suicide data collection, reporting, and assessment

(1)

Policy required

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

(A)

any suicide or attempted suicide involving a member of the Armed Forces, including reserve components thereof; and

(B)

any death that is reported as a suicide involving a dependent of a member of the Armed Forces.

(2)

Purpose of policy

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

(A)

the suicide prevention policy developed pursuant to section 582 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1071 note); and

(B)

the suicide prevention and resilience program for the National Guard and Reserves established pursuant to section 10219 of title 10, United States Code.

(3)

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.

(b)

Submission and implementation of policy

(1)

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.

(2)

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).

(c)

Dependent defined

In this section, the term dependent, with respect to a member of the Armed Forces, means a person described in section 1072(2) of title 10, United States Code, except that, in the case of a parent or parent-in-law of the member, the income requirements of subparagraph (E) of such section do not apply.

568.

Improved data collection related to efforts to reduce underemployment of spouses of members of the Armed Forces and close the wage gap between military spouses and their civilian counterparts

(a)

Data collection efforts

In addition to monitoring the number of spouses of members of the Armed Forces who obtain employment through military spouse employment programs, the Secretary of Defense shall collect data to evaluate the effectiveness of military spouse employment programs—

(1)

in addressing the underemployment of military spouses;

(2)

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

(3)

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

(b)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report evaluating the progress of military spouse employment programs—

(1)

in reducing military spouse unemployment and underemployment; and

(2)

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

(c)

Military spouse employment programs defined

In this section, the term military spouse employment programs means the Military Spouse Employment Partnership (MSEP).

G

Decorations and Awards

571.

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 Secretary 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.

572.

Authorization for award of the Medal of Honor to members of the Armed Forces for acts of valor during World War I

(a)

William Shemin

(1)

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).

(2)

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.

(b)

Henry Johnson

(1)

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).

(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.

H

Miscellaneous Reporting Requirements

581.

Review and report on military programs and controls regarding professionalism

(a)

Review required

The Secretary of Defense shall conduct a preliminary review of the effectiveness of current programs and controls of the Department of Defense and the military departments regarding the professionalism of members of the Armed Forces.

(b)

Submission of report

Not later than September 1, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing recommendations to strengthen professionalism programs in the Department of Defense.

582.

Review and report on prevention of suicide among members of United States Special Operations Forces

(a)

Review Required

The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, shall conduct a review of Department of Defense efforts regarding the prevention of suicide among members of United States Special Operations Forces and their dependents.

(b)

Consultation

In conducting the review under subsection (a), the Secretary of Defense shall consult with, and consider the recommendations of, the Office of Suicide Prevention, the Secretaries of the military departments, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, and the United States Special Operations Command regarding the feasibility of implementing, for members of United States Special Operations Forces and their dependents, particular elements of the Department of Defense suicide prevention policy developed pursuant to section 533 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1071 note) and section 582 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239. 10 U.S.C. 1071 note).

(c)

Elements of review

The review conducted under subsection (a) shall specifically include an assessment of each of the following:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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.

(8)

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.

(9)

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.

(10)

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.

(d)

Submission of 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 containing the results of the review conducted under subsection (a).

583.

Review and report on provision of job placement assistance and related employment services directly to members of the reserve components

(a)

Review required

The Secretary of Defense shall conduct a review of the feasibility of improving the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members in the National Guard and Reserves. In evaluating potential job placement programs, the Secretary shall consider—

(1)

the likely cost of the program;

(2)

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

(3)

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

(b)

Submission of report

Not later than April 1, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review.

584.

Report on foreign language, regional expertise, and culture considerations in overseas military operations

(a)

Report required

Not later than 270 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 concerning—

(1)

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

(2)

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

(b)

Consultation

In preparing the report under subsection (a), the Secretary of Defense shall consult with, and consider the recommendations of, the Chairman of the Joint Chiefs of Staff.

(c)

Elements of report

The report required by subsection (a) shall include the following elements:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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

(d)

Form of report

The report prepared under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

585.

Deadline for submission of report containing results of review of Office of Diversity Management and Equal Opportunity role in sexual harassment cases

Not later than April 1, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review conducted pursuant to section 1735 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 976).

586.

Independent assessment of risk and resiliency of United States Special Operations Forces and effectiveness of the Preservation of the Force and Families and Human Performance Programs

(a)

Assessment Required

The Secretary of Defense shall provide for an independent assessment of—

(1)

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

(2)

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.

(b)

Entity conducting assessment

To conduct the assessment required by subsection (a), the Secretary of Defense shall select a federally funded research and development center or another appropriate independent entity.

(c)

Assessment elements

The assessment required by subsection (a) shall specifically include the following:

(1)

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

(2)

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—

(A)

in reducing suicide and other mental, behavioral, and psychological risks; and

(B)

in increasing the resiliency of such members.

(3)

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—

(A)

in reducing suicide and other mental, behavioral and psychological risks; and

(B)

in increasing the resiliency of such members.

(4)

Such other matters as the Secretary of Defense considers appropriate.

(d)

Submission of Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the assessment conducted under subsection (a).

587.

Comptroller General report on hazing in the Armed Forces

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the designated congressional committees a report on the policies to prevent hazing, and systems initiated to track incidents of hazing, in each of the Armed Forces.

(b)

Elements of report

The report required by subsection (a) shall include the following:

(1)

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

(2)

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

(3)

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.

(4)

An assessment of the following:

(A)

The prevalence of hazing in each Armed Force.

(B)

The policies in place and the training on hazing provided to members throughout the course of their careers for each Armed Force.

(C)

The available outlets through which victims or witnesses of hazing can report hazing both within and outside their chain of command, and whether or not anonymous reporting is permitted.

(D)

The actions taken to mitigate hazing incidents in each Armed Force.

(E)

The effectiveness of the training and policies in place regarding hazing.

(5)

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.

(6)

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.

(c)

Designated congressional committees defined

In this section, the term designated congressional committees means—

(1)

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

(2)

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

588.

Comptroller General 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 the Committees on Armed Services of the Senate and the House of Representatives 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.

I

Other Matters

591.

Inspection of outpatient residential facilities occupied by recovering service members

Section 1662(a) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended by striking inspected on a semiannual basis for the first two years after the enactment of this Act and annually thereafter and inserting inspected at least once every two years.

592.

Designation of voter assistance offices

(a)

Designation authority

Subsection (a) of section 1566a of title 10, United States Code, is amended—

(1)

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

(2)

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,.

(b)

Report on closure of voter assistance office

Subsection (f) of such section is amended—

(1)

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

(2)

by adding at the end the following new paragraph:

(2)

The Secretary of a military department shall provide the Committees on Armed Services of the Senate and the House of Representatives with notice of any decision by the Secretary to close a voter assistance office that was designated on an installation before the date of the enactment of this paragraph. The notice shall include the rational for the closure, the timing of the closure, the number of covered individuals supported by the office, and the plan for providing the assistance available under subsection (a) to covered individuals after the closure of the office.

.

593.

Repeal of electronic voting demonstration project

Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 52 U.S.C. 20301 note) is repealed.

594.

Authority for removal from national cemeteries of remains of certain deceased members of the Armed Forces who have no known next of kin

(a)

Removal authority

Section 1488 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

Removal of remains of certain members with no known next of kin

(1)

The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.

(2)

The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.

(3)

A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—

(A)

demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and

(B)

undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.

(4)

In this subsection:

(A)

The term Army National Military Cemetery means a cemetery specified in section 4721(b) of this title.

(B)

The term covered member of the armed forces means a member of the armed forces who—

(i)

has been awarded the Medal of Honor; and

(ii)

has no known next of kin.

.

(b)

Conforming amendments

Such section is further amended—

(1)

by inserting before If a cemetery the following:

(a)

Removal upon discontinuance of installation cemetery

;

(2)

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

(3)

by inserting before With respect to the following:

(b)

Removal from temporary interment or abandoned grave or cemetery

.

595.

Sense of Congress regarding leaving no member of the Armed Forces unaccounted for during the drawdown of United States forces in Afghanistan

It is the sense of Congress that the United States—

(1)

should undertake every reasonable effort—

(A)

to search for and repatriate members of the Armed Forces who are missing; and

(B)

to repatriate members of the Armed Forces who are captured;

(2)

has a responsibility to keep the promises made to members of the Armed Forces who risk their lives on a daily basis on behalf of the people of the United States; and

(3)

while continuing to transition leadership roles in combat operations in Afghanistan to the people of Afghanistan, must continue to fulfill the promise of the United States Soldier’s Creed and the Warrior Ethos, which states that I will never leave a fallen comrade, with respect to any member of the Armed Forces who is in a missing status or captured as a result of service in Afghanistan now or in the future.

VI

Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. No fiscal year 2015 increase in basic pay for general and flag officers.

Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 603. 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. 604. Modification of computation of basic allowance for housing inside the United States.

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

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

Sec. 623. 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. 624. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support.

Sec. 625. 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.

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.

Sec. 632. Authority of nonappropriated fund instrumentalities to enter into contracts with other Federal agencies and instrumentalities to provide and obtain certain goods and services.

Sec. 633. Competitive pricing of legal consumer tobacco products sold in Department of Defense retail stores.

Sec. 634. Review of management, food, and pricing options for defense commissary system.

A

Pay and Allowances

601.

No fiscal year 2015 increase in basic pay for general and flag officers

In the case of commissioned officers in the uniformed services in pay grades O–7 through O–10—

(1)

section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for such officers during calendar year 2015 by using the rate of pay for level II of the Executive Schedule in effect during 2014; and

(2)

the rates of monthly basic pay payable for such officers shall not increase during calendar year 2015.

602.

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.

603.

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 (Public Law 109–163; 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.

604.

Modification of computation of basic allowance for housing inside the United States

(a)

In general

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 one percent.

.

(b)

Special rule

Any reduction authorized by paragraph (3) of subsection (b) of section 403 of title 37, United States Code, as amended by subsection (a), shall not apply with respect to benefits paid by the Secretary of Veterans Affairs under the laws administered by the Secretary, including pursuant to sections 3108 and 3313 of title 38, United States Code. Such benefits that are determined in accordance with such section 403 shall be subject to paragraph (3) of such section as such paragraph was in effect on the day before the date of the enactment of this Act.

B

Bonuses and Special and Incentive Pays

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 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.

(8)

Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

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.

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.

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 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(7)

Section 351(h), relating to hazardous duty pay.

(8)

Section 352(g), relating to assignment pay or special duty pay.

(9)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(10)

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

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 incentive pay for members of precommissioning programs pursuing foreign language proficiency.

(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 branches of the Armed Forces.

(9)

Section 330(f), relating to accession bonus for officer candidates.

C

Disability Pay, Retired Pay, and Survivor Benefits

621.

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).

622.

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

(a)

Reinstatement of earlier method of determination

Section 1407a of title 10, United States Code, is amended to read as follows:

1407a.

Retired pay base: officers retired in general or flag officer grades

(a)

Rates of Basic Pay to Be Used in Determination

Except as otherwise provided in this section, in a case in which the determination under section 1406 or 1407 of this title of the retired pay base applicable to the computation of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period between October 1, 2006, and December 31, 2014, that was subject to a reduction under section 203(a)(2) of title 37 for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, without regard to the reduction under section 203(a)(2) of title 37.

(b)

Partial preservation of computation of retired pay base using uncapped rates of basic pay for covered officers who first became members before September 8, 1980, and whose retired pay commences after December 31, 2014

(1)

Officers retiring after December 31, 2014

In the case of a covered general or flag officer who first became a member of a uniformed service before September 8, 1980, and who is retired after December 31, 2014, under any provision of law other than chapter 1223 of this title or is transferred to the Retired Reserve after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined as provided in paragraph (2) if determination of such retired pay base as provided in that paragraph results in a higher retired pay base than determination of such retired pay base as otherwise provided by law (including the application of section 203(a)(2) of title 37).

(2)

Alternative determination of retired pay base using uncapped rates of basic pay as of December 31, 2014

For a determination in accordance with this paragraph, the amount of an officer’s retired pay base shall be determined by using the rate of basic pay provided as of December 31, 2014, for that officer’s grade as of that date for purposes of basic pay, with that officer’s years of service creditable as of that date for purposes of basic pay, and without regard to any reduction under section 203(a)(2) of title 37.

(3)

Exception for officer retired in a lower grade

In a case in which the retired grade of the officer is lower than the grade in which the officer was serving on December 31, 2014, paragraph (2) shall be applied as if the officer was serving on that date in the officer’s retired grade.

(c)

Preservation of computation of retired pay base using uncapped rates of basic pay for officers transferring to retired reserve during specified period

In the case of a covered general or flag officer who is transferred to the Retired Reserve between October 1, 2006, and December 31, 2014, and who becomes entitled to receive retired pay under section 12731 of this title after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined using the rates of basic pay provided by law without regard to any reduction in rates of basic pay under section 203(a)(2) of title 37.

(d)

Covered General or Flag Officer defined

In this section, the term covered general or flag officer means a member or former member of a uniformed service who after September 30, 2006—

(1)

is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or

(2)

is transferred to the Retired Reserve in a general officer grade or flag officer grade.

.

(b)

Applicability

Section 1407a of title 10, United States Code, as amended by subsection (a), shall be effective for retired pay that commences after December 31, 2014.

623.

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, which shall take effect December 1, 2015, pursuant to section 403(a) of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1186)), as 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 amended by striking January 1, 2014 and inserting January 1, 2016.

624.

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)

Annuities exemption

Subsection (i) of such section is amended by inserting (a)(4) or after subsection.

(B)

Plan requirements

Section 1448 of such title is amended—

(i)

in subsection (b), by adding at the end the following new paragraph:

(6)

Special needs trusts for sole benefit of certain dependent children

A person who has established a supplemental or special needs trust 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 may elect to provide an annuity to that supplemental or special needs trust.

;

(ii)

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

(iii)

in subsection (f)(2), by inserting , or to a 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 heading, 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 heading and inserting , fiduciary, or trust.

625.

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—

(1)

by inserting , subject to subparagraph (C), after shall be reduced; and

(2)

by striking so performs in any fiscal year after such date, subject to subparagraph (C) and inserting serves on such active duty or performs such active service in any fiscal year after January 28, 2008, or in any two consecutive fiscal years after September 30, 2014.

D

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

631.

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

Subsection (f) of section 2484 of title 10, United States Code, is amended to read as follows:

(f)

Procurement of commercial items using procedures other than competitive procedures

The Secretary of Defense may use the exception provided in section 2304(c)(5) of this title for the procurement of any commercial item (including brand-name and generic items) for resale in, at, or by commissary stores.

.

632.

Authority of nonappropriated fund instrumentalities to enter into contracts with other Federal agencies and instrumentalities to provide and obtain certain goods and services

Section 2492 of title 10, United States Code, is amended by striking Federal department, agency, or instrumentality and all that follows through the period at the end of the section and inserting the following:

Federal department, agency, or instrumentality—

(1)

to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system; or

(2)

to provide or obtain food services beneficial to the efficient management and operation of the dining facilities on military installations offering food services to members of the armed forces.

.

633.

Competitive pricing of legal consumer tobacco products sold in Department of Defense retail stores

(a)

Prohibition on banning sale of legal consumer tobacco products

The Secretary of Defense and the Secretaries of the military departments may not take any action to implement any new policy that would ban the sale of any legal consumer tobacco product category sold as of January 1, 2014, within the defense retail systems or on any Department of Defense vessel at sea.

(b)

Use of Prices comparable to local prices

The Secretary of Defense shall issue regulations regarding the pricing of tobacco and tobacco-related products sold in an outlet of the defense retail systems inside the United States, including territories and possessions of the United States, to prohibit the sale of a product at a price below the most competitive price for that product in the local community.

(c)

Application to overseas defense retail systems

The regulations required by subsection (b) shall direct that the price of a tobacco or tobacco-related product sold in an outlet of the defense retail systems outside of the United States shall be within the range of prices established for that product in outlets of the defense retail systems inside the United States.

(d)

Defense retail systems defined

In this section, the term defense retail systems has the meaning given that term in section 2487(b)(2) of title 10, United States Code.

634.

Review of management, food, and pricing options for defense commissary system

(a)

Review required

The Secretary of Defense shall conduct a review, utilizing the services of an independent organization experienced in grocery retail analysis, of the defense commissary system to determine the qualitative and quantitative effects of—

(1)

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

(2)

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

(3)

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

(4)

eliminating or at least reducing second-destination funding.

(b)

Additional elements of review

The review required by this section also shall consider the following:

(1)

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—

(A)

displacing current value and name-brand products with private-label products; and

(B)

reducing or eliminating financial subsidies to the commissary system.

(2)

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.

(3)

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

(4)

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

(5)

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.

(6)

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

(7)

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

(8)

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.

(9)

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

(10)

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

(c)

Submission

Not later than September 1, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by this section.

VII

Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. 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. Elimination of inpatient day limits and other limits in provision of mental health services.

Sec. 704. Authority for provisional TRICARE coverage for emerging health care services and supplies.

Sec. 705. Clarification of provision of food to former members and dependents not receiving inpatient care in military medical treatment facilities.

Sec. 706. Availability of breastfeeding support, supplies, and counseling under the TRICARE program.

Subtitle B—Health Care Administration

Sec. 711. Provision of notice of change to TRICARE benefits.

Sec. 712. Surveys on continued viability of TRICARE Standard and TRICARE Extra.

Sec. 713. Review of military health system modernization study.

Subtitle C—Reports and Other Matters

Sec. 721. Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home.

Sec. 722. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 723. Report on status of reductions in TRICARE Prime service areas.

Sec. 724. Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses.

Sec. 725. Acquisition strategy for health care professional staffing services.

Sec. 726. Pilot program on medication therapy management under TRICARE program.

Sec. 727. Antimicrobial stewardship program at medical facilities of the Department of Defense.

Sec. 728. Report on improvements in the identification and treatment of mental health conditions and traumatic brain injury among members of the Armed Forces.

Sec. 729. Report on efforts to treat infertility of military families.

Sec. 730. Report on implementation of recommendations of Institute of Medicine on improvements to certain resilience and prevention programs of the Department of Defense.

Sec. 731. Comptroller General report on transition of care for post-traumatic stress disorder or traumatic brain injury.

Sec. 732. Comptroller General report on mental health stigma reduction efforts in the Department of Defense.

Sec. 733. Comptroller General report on women's health care services for members of the Armed Forces and other covered beneficiaries.

A

TRICARE and Other Health Care Benefits

701.

Mental health assessments for members of the Armed Forces

(a)

Annual 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 (c), 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)

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.

(c)

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.

(d)

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.

(e)

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(e) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense shall implement such regulations.

(4)

Report

(A)

In general

Not later than one year after the date on which the Secretary of Defense implements the regulations described in paragraph (3), the Secretary 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 section 1074n of title 10, United States Code, as added by paragraph (1).

(B)

Matters included

The report under subparagraph (A) shall include the following:

(i)

A description of the tools and processes used to provide the annual mental health assessments of members of the Armed Forces conducted pursuant to such section 1074n, 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.

(ii)

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.

(iii)

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.

(C)

Treatment of certain information

No personally identifiable information of a member of the Armed Forces may be included in any report under subparagraph (A).

(5)

Conforming amendment

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

(b)

Frequency of mental health assessments for deployed members

(1)

In general

Section 1074m of such title is further amended—

(A)

in subsection (a)(1)—

(i)

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and

(ii)

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

(B)

Until January 1, 2019, once during each 180-day period during which a member is deployed.

; and

(B)

in subsection (c)(1)(A)—

(i)

in clause (i), by striking ; and and inserting a semicolon;

(ii)

by redesignating clause (ii) as clause (iii); and

(iii)

by inserting after clause (i) the following new clause:

(ii)

by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and

.

(2)

Conforming amendment

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

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 period at the end and inserting shall include cost-sharing by the eligible covered beneficiary as specified in paragraph (6)..

(b)

Modification of cost-sharing amounts

Paragraph (6)(A) of such section 1074g(a) is amended—

(1)

in clause (i)—

(A)

in subclause (I), by striking $5 and inserting $8;

(B)

in subclause (II), by striking $17; and and inserting $20.; and

(C)

by striking subclause (III); and

(2)

in clause (ii)—

(A)

in subclause (II), by striking $13 and inserting $16; and

(B)

in subclause (III), by striking $43 and inserting $46.

(c)

Refills of prescription maintenance medications through military treatment facility pharmacies or national mail order pharmacy program

(1)

In general

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

(9)
(A)

Beginning on October 1, 2015, 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.

.

(2)

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.

(d)

GAO report on pilot program

Not later than July 1, 2015, the Comptroller General of the United States shall submit to the congressional defense committees a report on the satisfaction of beneficiaries participating in the pilot program under section 716 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1074g note). Such report shall address the following:

(1)

The satisfaction of beneficiaries participating in the pilot program.

(2)

The timeliness of refilling prescriptions under the pilot program.

(3)

The accuracy of prescription refills under the pilot program.

(4)

The availability of medications refilled under the pilot program.

(5)

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

(6)

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

(7)

Any other matters the Comptroller General considers appropriate.

703.

Elimination of inpatient day limits and other limits in provision of mental health services

(a)

Inpatient day limits

Section 1079 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (6); and

(B)

by redesignating paragraphs (7) through (17) as paragraphs (6) through (16), respectively;

(2)

by striking subsection (i); and

(3)

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

(b)

Waiver of nonavailability statement or preauthorization

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).

(c)

Conforming amendments

Chapter 55 of title 10, United States Code, is amended—

(1)

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

(2)

in section 1086—

(A)

in subsection (d)(4)(A)(ii), by striking section 1079(j)(1) and inserting section 1079(i)(1); and

(B)

in subsection (g), by striking Section 1079(j) and inserting Section 1079(i); and

(3)

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

704.

Authority for provisional TRICARE coverage for emerging health care services and supplies

(a)

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1079b the following new section:

1079c.

Provisional coverage for emerging services and supplies

(a)

Provisional coverage

In carrying out the TRICARE program, including pursuant to section 1079(a)(12) of this title, the Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, may provide provisional coverage for the provision of a service or supply if the Secretary determines that such service or supply is widely recognized in the United States as being safe and effective.

(b)

Consideration of evidence

In making a determination under subsection (a), the Secretary may consider—

(1)

clinical trials published in refereed medical literature;

(2)

formal technology assessments;

(3)

the positions of national medical policy organizations;

(4)

national professional associations;

(5)

national expert opinion organizations; and

(6)

such other validated evidence as the Secretary considers appropriate.

(c)

Independent evaluation

In making a determination under subsection (a), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies or such other independent entity as the Secretary selects.

(d)

Duration and terms of coverage

(1)

Provisional coverage under subsection (a) for a service or supply may be in effect for not longer than a total of five years.

(2)

Prior to the expiration of provisional coverage of a service or supply, the Secretary shall determine the coverage, if any, that will follow such provisional coverage and take appropriate action to implement such determination. If the Secretary determines that the implementation of such determination regarding coverage requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action.

(3)

The Secretary, at any time, may—

(A)

terminate the provisional coverage under subsection (a) of a service or supply, regardless of whether such termination is before the end of the period described in paragraph (1);

(B)

establish or disestablish terms and conditions for such coverage; or

(C)

take any other action with respect to such coverage.

(e)

Public notice

The Secretary shall promptly publish on a publicly accessible Internet website of the TRICARE program a notice for each service or supply that receives provisional coverage under subsection (a), including any terms and conditions for such coverage.

(f)

Finality of determinations

Any determination to approve or disapprove a service or supply under subsection (a) and any action made under subsection (d)(3) shall be final.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1079b the following new item:

1079c. Provisional coverage for emerging services and supplies.

.

705.

Clarification of provision of food to former members and dependents not receiving inpatient care in military medical treatment facilities

Section 1078b of title 10, United States Code, is amended—

(1)

by striking A member each place it appears and inserting A member or former member; and

(2)

in subsection (a)(2)(C), by striking member or dependent and inserting member, former member, or dependent.

706.

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:

(17)

Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.

.

B

Health Care Administration

711.

Provision of notice of change to TRICARE benefits

(a)

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1097c the following new section:

1097d.

TRICARE program: notice of change to benefits

(a)

Provision of notice

(1)

If the Secretary makes a significant change to any benefits provided by the TRICARE program to covered beneficiaries, the Secretary shall provide individuals described in paragraph (2) with notice explaining such changes.

(2)

The individuals described by this paragraph are covered beneficiaries participating in the TRICARE program who may be affected by a significant change covered by a notification under paragraph (1).

(3)

The Secretary shall provide notice under paragraph (1) through electronic means.

(b)

Timing of notice

The Secretary shall provide notice under paragraph (1) of subsection (a) by the earlier of the following dates:

(1)

The date that the Secretary determines would afford individuals described in paragraph (2) of such subsection adequate time to understand the change covered by the notification.

(2)

The date that is 90 days before the date on which the change covered by the notification becomes effective.

(3)

The effective date of a significant change that is required by law.

(c)

Significant change defined

In this section, the term significant change means a systemwide change—

(1)

in the structure of the TRICARE program or the benefits provided under the TRICARE program (not including the addition of new services or benefits); or

(2)

in beneficiary cost-share rates of more than 20 percent.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1097c the following new item:

1097d. TRICARE program: notice of change to benefits.

.

712.

Surveys on continued viability of TRICARE Standard and TRICARE Extra

Section 711(b)(2) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 1073 note) is amended in the matter preceding subparagraph (A)—

(1)

by striking on a biennial basis; and

(2)

by striking paragraph (1) and inserting the following: paragraph (1) during 2017 and 2020.

713.

Review of military health system modernization study

(a)

Limitation

(1)

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).

(2)

Report

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

(A)

During the period from 2006 to 2012, for each military medical treatment facility considered under the modernization study—

(i)

the average daily inpatient census;

(ii)

the average inpatient capacity;

(iii)

the top five inpatient admission diagnoses;

(iv)

each medical specialty available;

(v)

the average daily percent of staffing available for each medical specialty;

(vi)

the beneficiary population within the catchment area;

(vii)

the budgeted funding level;

(viii)

whether the facility has a helipad capable of receiving medical evacuation airlift patients arriving on the primary evacuation aircraft platform for the military installation served;

(ix)

a determination of whether the civilian hospital system in which the facility resides is a Federally-designated underserved medical community and the effect on such community from any reduction in staff or functions or downgrade of the facility;

(x)

if the facility serves a training center—

(I)

a determination of the risk with respect to high-tempo, live-fire military operations, treating battlefield-like injuries, and the potential for a mass casualty event if the facility is downgraded to a clinic or reduced in personnel or capabilities; and

(II)

a description of the extent to which the Secretary, in making such determination, consulted with the appropriate training directorate, training and doctrine command, and forces command of each military department;

(xi)

a site assessment by TRICARE to assess the network capabilities of TRICARE providers in the local area;

(xii)

the inpatient mental health availability; and

(xiii)

the average annual inpatient care directed to civilian medical facilities.

(B)

For each military medical treatment facility considered under the modernization study—

(i)

the civilian capacity by medical specialty in each catchment area;

(ii)

the distance in miles to the nearest civilian emergency care department;

(iii)

the distance in miles to the closest civilian inpatient hospital, listed by level of care and whether the facility is designated a sole community hospital;

(iv)

the availability of ambulance service on the military installation and the distance in miles to the nearest civilian ambulance service, including the average response time to the military installation;

(v)

an estimate of the cost to restructure or realign the military medical treatment facility, including with respect to bed closures and civilian personnel reductions; and

(vi)

if the military medical treatment facility is restructured or realigned, an estimate of—

(I)

the number of civilian personnel reductions, listed by series;

(II)

the number of local support contracts terminated; and

(III)

the increased cost of purchased care.

(C)

The results of the modernization study with respect to the recommendations of the Secretary to restructure or realign military medical treatment facilities.

(D)

An assessment of the analysis made by the Secretary to inform decisions regarding the modernization of the military health care system in the modernization study.

(E)

An assessment of the extent to which the Secretary evaluated in the modernization study the impact on the access of eligible beneficiaries to quality health care, and satisfaction with such care, caused by the following changes proposed in the study:

(i)

Changes in military medical treatment facility infrastructure.

(ii)

Changes in staffing levels of professionals.

(iii)

Changes in inpatient, ambulatory surgery, and specialty care capacity and capabilities.

(F)

An assessment of the extent to which the Secretary evaluated in the modernization study how any reduced inpatient, ambulatory surgery, or specialty care capacity and capabilities at military medical treatment 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.

(G)

An assessment of the extent to which the Secretary consulted in conducting the modernization 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.

(H)

An assessment of the extent to which the Secretary considered in the modernization study the impact that 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.

(I)

An assessment of the impact of the elimination of health care services at military medical treatment facilities covered by the modernization study on civilians employed at such facilities.

(b)

Comptroller General Review

(1)

Review

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

(2)

Elements

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

(A)

An assessment of the methodology used by the Secretary of Defense in conducting the study.

(B)

An assessment of the adequacy of the data used by the Secretary with respect to such study.

(3)

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).

(c)

Modernization study defined

In this section, the term modernization study means the Military Health System Modernization Study of the Department of Defense directed by the Resource Management Decision of the Department of Defense numbered MP–D–01.

C

Reports and Other Matters

721.

Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home

(a)

Designation of senior medical advisor

Subsection (a) of section 1513A of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 413a) is amended—

(1)

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

(2)

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.

(b)

Clarification of responsibilities and duties of senior medical advisor

Subsection (c)(2) of such section is amended by striking health care standards of the Department of Veterans Affairs and inserting nationally recognized health care standards and requirements.

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.

723.

Report on status of reductions in TRICARE Prime service areas

(a)

Report required

Section 732 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1097a note) is amended—

(1)

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

(2)

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

(b)

Additional report

(1)

Report required

Not later than 180 days after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of reducing the availability of TRICARE Prime in regions described in subsection (d)(1)(B).

(2)

Matters included

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

(A)

A description of the implementation of the transition for affected eligible beneficiaries under the TRICARE program who no longer have access to TRICARE Prime under TRICARE managed care contracts as of the date of the report, including—

(i)

the number of eligible beneficiaries who have transitioned from TRICARE Prime to the TRICARE Standard option of the TRICARE program since October 1, 2013;

(ii)

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;

(iii)

the number of eligible beneficiaries who were eligible to transfer to a more distant available Prime service area, but chose to use TRICARE Standard;

(iv)

the number of eligible beneficiaries who elected to return to TRICARE Prime pursuant to subsection (c)(1); and

(v)

the number of affected eligible beneficiaries who, as of the date of the report, changed residences to remain eligible for TRICARE Prime in a new region.

(B)

An estimate of the increased annual costs per affected eligible beneficiary incurred by such beneficiary for health care under the TRICARE program.

(C)

A description of the efforts of the Department to assess the impact on access to health care and beneficiary satisfaction for affected eligible beneficiaries.

(D)

A description of the estimated cost savings realized by reducing the availability of TRICARE Prime in regions described in subsection (d)(1)(B).

.

(b)

Conforming amendment

Subsection (b)(3)(A) of such section is amended by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B).

724.

Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses

Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended by striking December 31, 2014 and inserting December 31, 2015.

725.

Acquisition strategy for health care professional staffing services

(a)

Acquisition strategy

(1)

In general

The Secretary of Defense shall develop and carry out an acquisition strategy with respect to entering into contracts for the services of health care professional staff at military medical treatment facilities.

(2)

Elements

The acquisition strategy under paragraph (1) shall include the following:

(A)

Identification of the responsibilities of the military departments and elements of the Department of Defense in carrying out such strategy.

(B)

Methods to analyze, using reliable and detailed data covering the entire Department, the amount of funds expended on contracts for the services of health care professional staff.

(C)

Methods to identify opportunities to consolidate requirements for such services and reduce cost.

(D)

Methods to measure cost savings that are realized by using such contracts instead of purchased care.

(E)

Metrics to determine the effectiveness of such strategy.

(F)

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.

(G)

Such other matters as the Secretary considers appropriate.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the status of implementing the acquisition strategy under paragraph (1) of subsection (a), including how each element under subparagraphs (A) through (G) of paragraph (2) of such subsection is being carried out.

726.

Pilot program on medication therapy management under TRICARE program

(a)

Establishment

In accordance with section 1092 of title 10, United States Code, the Secretary of Defense shall carry out a pilot program to evaluate the feasibility and desirability of including medication therapy management as part of the TRICARE program.

(b)

Elements of pilot program

In carrying out the pilot program under subsection (a), the Secretary shall ensure the following:

(1)

Patients who participate in the pilot program are patients who—

(A)

have more than one chronic condition; and

(B)

are prescribed more than one medication.

(2)

Medication therapy management services provided under the pilot program are focused on improving patient use and outcomes of prescription medications.

(3)

The design of the pilot program considers best commercial practices in providing medication therapy management services, including practices under the prescription drug program under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w–101 et seq.).

(4)

The pilot program includes methods to measure the effect of medication therapy management services on—

(A)

patient use and outcomes of prescription medications; and

(B)

the costs of health care.