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H.R. 4435 (113th): Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015

The text of the bill below is as of May 22, 2014 (Passed the House).


I

113th CONGRESS

2d Session

H. R. 4435

IN THE HOUSE OF REPRESENTATIVES

AN ACT

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

1.

Short title

(a)

Short title

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

(b)

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 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 five 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.

(5)

Division E—Federal Information Technology Acquisition Reform.

(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.

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. Limitation on availability of funds for airborne reconnaissance low aircraft.

Sec. 112. Plan on modernization of UH–60A aircraft of Army National Guard.

Subtitle C—Navy Programs

Sec. 121. Multiyear procurement authority for Tomahawk block IV missiles.

Sec. 122. Construction of San Antonio class amphibious ship.

Sec. 123. Additional oversight requirements for the undersea mobility acquisition program of the United States Special Operations Command.

Sec. 124. Limitation on availability of funds for moored training ship program.

Sec. 125. Limitation on availability of funds for mission modules for Littoral Combat Ship.

Sec. 126. Extension of limitation on availability of funds for Littoral Combat Ship.

Subtitle D—Air Force Programs

Sec. 131.  Prohibition on cancellation or modification of avionics modernization program for C–130 aircraft.

Sec. 132. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 133. Limitation on availability of funds for retirement of U–2 aircraft.

Sec. 134. Limitation on availability of funds for divestment or transfer of KC–10 aircraft.

Sec. 135. Limitation on availability of funds for divestment of E–3 airborne warning and control system aircraft.

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

Sec. 141. Comptroller General report on F–35 aircraft acquisition program.

Sec. 142. Sense of Congress regarding the OCONUS basing of the F–35A.

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. Preliminary design review of presidential aircraft recapitalization program.

Sec. 212. Limitation on availability of funds for armored multi-purpose vehicle program.

Sec. 213. Limitation on availability of funds for unmanned carrier-launched airborne surveillance and strike system.

Sec. 214. Limitation on availability of funds for airborne reconnaissance systems.

Sec. 215. Limitation on availability of funds for weather satellite follow-on system.

Sec. 216. Limitation on availability of funds for space-based infrared systems space data exploitation.

Sec. 217. Limitation on availability of funds for hosted payload and wide field of view testbed of the space-based infrared systems.

Sec. 218. Limitation on availability of funds for protected tactical demonstration and protected military satellite communications testbed of the advanced extremely high frequency program.

Subtitle C—Other Matters

Sec. 221. Revision to the service requirement under the Science, Mathematics, and Research for Transformation Defense Education Program.

Sec. 222. Revision of requirement for acquisition programs to maintain defense research facility records.

Sec. 223. Modification to cost-sharing requirement for pilot program to include technology protection features during research and development of certain defense systems.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Increase in funding for Civil Military Programs.

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. Biannual certification by commanders of the combatant commands relating to the prohibition on the disposal of waste in open-air burn pits.

Sec. 313. Exclusions from definition of chemical substance under Toxic Substances Control Act and report on lead ammunition.

Sec. 314. Exemption of Department of Defense from alternative fuel procurement requirement.

Sec. 315. Congressional notice of bulk purchase of alternative fuels for operational use.

Sec. 316. Limitation on procurement of biofuels.

Sec. 317. Limitation on plan, design, refurbishing, or construction of biofuels refineries.

Sec. 318. Off-installation Department of Defense natural resources projects compliance with integrated natural resource management plans.

Sec. 319. Recommendation on Air Force energy conservation measures.

Sec. 320. Environmental restoration at former Naval Air Station, Chincoteague, Virginia.

Sec. 320A. Prohibition on use of funds to implement certain climate change assessments and reports.

Subtitle C—Logistics and Sustainment

Sec. 321. Additional requirement for strategic policy on prepositioning of materiel and equipment.

Sec. 322. Comptroller General reports on Department of Defense prepositioning strategic policy and plan for prepositioned stocks.

Sec. 323. Pilot program on provision of logistic support for the conveyance of excess defense articles to allied forces.

Subtitle D—Reports

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

Sec. 332. Report on enduring requirements and activities currently funded through amounts authorized to be appropriated for overseas contingency operations.

Sec. 333. Army assessment of the regionally aligned force.

Sec. 334. Report on impacts of funding reductions on military readiness.

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 furlough of certain working-capital fund employees.

Subtitle F—Other Matters

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

Sec. 352. Sense of Congress on access to training ranges within United States Pacific Command area of responsibility.

Sec. 353. Management of conventional ammunition inventory.

Sec. 354. Agreements with local civic organizations to support conducting a military air show or open house.

Sec. 355. Gifts made for the benefit of military musical units.

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 Generally

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

Sec. 502. Relief from limits on percentage of officers who may be recommended for discharge during a fiscal year using enhanced authority for selective early discharges.

Sec. 503. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers.

Sec. 504. Options for Phase II of joint professional military education.

Sec. 505. Limitation on number of enlisted aides authorized for officers of the Army, Navy, Air Force, and Marine Corps.

Sec. 506. Required consideration of certain elements of command climate in performance appraisals of commanding officers.

Sec. 507. Deferred retirement of chaplains.

Sec. 508. Compliance with efficiencies directive.

Subtitle B—Reserve Component Personnel 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. Chief of the National Guard Bureau role in assignment of Directors and Deputy Directors of the Army and Air National Guards.

Sec. 513. National Guard civil and defense support activities and related matters.

Sec. 514. Electronic tracking of certain reserve duty.

Sec. 515. National Guard Cyber Protection Teams.

Subtitle C—General Service Authorities

Sec. 521. Procedures for judicial review of military personnel decisions relating to correction of military records.

Sec. 522. Additional required elements of Transition Assistance Program.

Sec. 523. Extension of authority to conduct career flexibility programs.

Sec. 524. Provision of information to members of the Armed Forces on privacy rights relating to receipt of mental health services.

Sec. 525. Protection of the religious freedom of military chaplains to close a prayer outside of a religious service according to the traditions, expressions, and religious exercises of the endorsing faith group.

Sec. 526. Department of Defense Senior Advisor on Professionalism.

Sec. 527. Removal of artificial barriers to the service of women in the Armed Forces.

Sec. 528. Revised regulations for religious freedom.

Sec. 529. 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. 530. Preliminary mental health assessments.

Sec. 530A. Availability of additional leave for members of the Armed Forces in connection with the birth of a child.

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

Sec. 531. Improved Department of Defense information reporting and collection of domestic violence incidents involving members of the Armed Forces.

Sec. 532. Additional duty for judicial proceedings panel regarding use of mental health records by defense during preliminary hearing and court-martial proceedings.

Sec. 533. Applicability of sexual assault prevention and response and related military justice enhancements to military service academies.

Sec. 534. Consultation with victims of sexual assault regarding victims’ preference for prosecution of offense by court-martial or civilian court.

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

Sec. 536. Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces.

Sec. 537. Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence.

Sec. 538. Confidential review of characterization of terms of discharge of members of the Armed Forces who are victims of sexual offenses.

Sec. 539. Consistent application of rules of privilege afforded under the Military Rules of Evidence.

Sec. 540. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings.

Sec. 540A. Establishment of phone service for prompt reporting of hazing involving a member of the Armed Forces.

Subtitle E—Military Family Readiness

Sec. 545. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse.

Sec. 546. Improved consistency in data collection and reporting in Armed Forces suicide prevention efforts.

Sec. 547. Protection of child custody arrangements for parents who are members of the Armed Forces.

Sec. 548. Role of military spouse employment programs in addressing unemployment and underemployment of spouses of members of the Armed Forces and closing the wage gap between military spouses and their civilian counterparts.

Subtitle F—Education and Training Opportunities

Sec. 551. Authorized duration of foreign and cultural exchange activities at military service academies.

Sec. 552. Pilot program to assist members of the Armed Forces in obtaining post-service employment.

Sec. 553. Direct employment pilot program for members of the National Guard and Reserve.

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

Sec. 555. Report on tuition assistance.

Subtitle G—Defense Dependents’ Education

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

Sec. 563. Expansion of functions of the Advisory Council on Dependents’ Education to include domestic dependent elementary and secondary schools.

Sec. 564. Support for efforts to improve academic achievement and transition of military dependent students.

Sec. 565. Amendments to the Impact Aid Improvement Act of 2012.

Subtitle H—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 inspired or motivated by a foreign terrorist organization.

Sec. 572. Retroactive award of Army Combat Action Badge.

Sec. 573. Report on Navy review, findings, and actions pertaining to Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta.

Sec. 574. Recognition of Wereth massacre of 11 African-American soldiers of the United States Army during the Battle of the Bulge.

Sec. 575. Report on Army review, findings, and actions pertaining to Medal of Honor nomination of Captain William L. Albracht.

Subtitle I—Miscellaneous Reporting Requirements

Sec. 581. Secretary of Defense review and report on prevention of suicide among members of United States Special Operations Forces.

Sec. 582. Inspector General of the Department of Defense review of separation of members of the Armed Forces who made unrestricted reports of sexual assault.

Sec. 583. Comptroller General report regarding management of personnel records of members of the National Guard.

Sec. 584. Study on gender integration in defense operation planning and execution.

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. Comptroller General and military department reports on hazing in the Armed Forces.

Sec. 587. National Institute of Mental Health study of risk and resiliency of United States Special Operations Forces and effectiveness of Preservation of the Force and Families Program.

Subtitle J—Other Matters

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

Sec. 592. Working Group on Integrated Disability Evaluation System.

Sec. 593. Sense of Congress regarding fulfilling promise to leave no member of the Armed Forces unaccounted in Afghanistan.

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

Sec. 595. Access of congressional caseworkers to information about Department of Veterans Affairs casework brokered to other offices of the Department.

Sec. 596. Pilot program on provision of certain information to State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life.

Sec. 597. Sense of Congress regarding the recovery of the remains of certain members of the Armed Forces killed in Thurston Island, Antarctica.

Sec. 598. Name of the Department of Veterans Affairs and Department of Defense joint outpatient clinic, Marina, California.

Sec. 599. Sense of Congress regarding preservation of Second Amendment rights of active duty military personnel stationed or residing in the District of Columbia.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 602. No fiscal year 2015 increase in basic pay for general and flag officers.

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—Travel and Transportation

Sec. 621. Authority to enter into contracts for the provision of relocation services.

Sec. 622. Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total.

Subtitle D—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 631. Authority of nonappropriated fund instrumentalities to enter into contracts with other Federal agencies and instrumentalities to provide and obtain certain goods and services.

Sec. 632. Review of management, food, and pricing options for defense commissary system.

Sec. 633. Restriction on implementing any new Department of Defense policy to limit, restrict, or ban the sale of certain items on military installations.

Sec. 634. Prohibition on the use of funds to close commissary stores.

Subtitle E—Other Matters

Sec. 641. Anonymous survey of members of the Armed Forces regarding their preferences for military pay and benefits.

Sec. 642. Availability for purchase of Department of Veterans Affairs memorial headstones and markers for members of reserve components who performed certain training.

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

Sec. 703. Availability of breastfeeding support, supplies, and counseling under the tricare program.

Sec. 704. Behavioral health treatment of developmental disabilities under the TRICARE program.

Subtitle B—Health Care Administration

Sec. 711. Cooperative health care agreements between the military departments and non-military health care entities.

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

Sec. 713. Limitation on transfer or elimination of graduate medical education billets.

Sec. 714. Review of military health system modernization study.

Sec. 715. Provision of written notice of change to TRICARE benefits.

Subtitle C—Reports and Other Matters

Sec. 721. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 722. Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home.

Sec. 723. Research regarding Alzheimer's disease.

Sec. 724. Acquisition strategy for health care professional staffing services.

Sec. 725. Pilot program on medication therapy management under TRICARE program.

Sec. 726. Report on reduction of Prime Service Areas.

Sec. 727. Comptroller General report on transition of care for post-traumatic stress disorder or traumatic brain injury.

Sec. 728. Briefing on hospitals in arrears in payments to Department of Defense.

Sec. 729. Research regarding breast cancer.

Sec. 730. Sense of Congress regarding access to mental health services by members of the Armed Forces.

Sec. 731. Evaluation of wounded warrior care and transition program.

Sec. 732. Improvement of mental health care.

Sec. 733. Primary blast injury research.

Sec. 734. Report on efforts to treat infertility of military families.

Sec. 735. Sense of Congress on use of hyperbaric oxygen therapy to treat traumatic brain injury and post-traumatic stress disorder.

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

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

Sec. 801. Extension to United States Transportation Command of authorities relating to prohibition on contracting with the enemy.

Sec. 802. Extension of contract authority for advanced component development or prototype units.

Sec. 803. Amendment relating to authority of the Defense Advanced Research Projects Agency to carry out certain prototype projects.

Sec. 804. Extension of limitation on aggregate annual amount available for contract services.

Sec. 805. Maximizing competition in design-build contracts.

Sec. 806. Permanent authority for use of simplified acquisition procedures for certain commercial items.

Subtitle B—Industrial Base Matters

Sec. 811. Three-year extension of and amendments to test program for negotiation of comprehensive small business subcontracting plans.

Sec. 812. Improving opportunities for service-disabled veteran-owned small businesses.

Sec. 813. Plan for improving data on bundled and consolidated contracts.

Sec. 814. Authority to provide education to small businesses on certain requirements of Arms Export Control Act.

Sec. 815. Prohibition on reverse auctions for covered contracts.

Sec. 816. Improving Federal Surety Bonds.

Sec. 817. Publication of required justification that consolidation of contract requirements.

Sec. 818. Small business prime and subcontract participation goals raised; accounting of subcontractors.

Sec. 819. Small business cyber education.

Subtitle C—Other Matters

Sec. 821. Certification of effectiveness for Air Force information technology contracting.

Sec. 822. Airlift service.

Sec. 823. Compliance with requirements for senior Department of Defense officials seeking employment with defense contractors.

Sec. 824. Procurement of personal protective equipment.

Sec. 825. Prohibition on funds for contracts violating Executive Order No. 11246.

Sec. 826. Requirement for policies and standard checklist in procurement of services.

Sec. 827. Sole source contracts for small business concerns owned and controlled by women.

Sec. 828. Debarment required of persons convicted of fraudulent use of made in America labels.

Sec. 829. Innovative approaches to technology transfer.

Sec. 830. Requirement to buy American flags from domestic sources.

Title IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 902. Additional responsibility for Director of Operational Test and Evaluation.

Sec. 903. Assistant Secretary of Defense for Installations and Environment.

Sec. 904. Requirement for congressional briefing before divesting of Defense Finance and Accounting Service functions.

Sec. 905. Combatant command efficiency plan.

Sec. 906. Requirement for plan to reduce geographic combatant commands to four by fiscal year 2020.

Sec. 907. Office of Net Assessment.

Sec. 908. Amendments relating to organization and management of the Office of the Secretary of Defense.

Sec. 909. Periodic review of Department of Defense management headquarters.

Sec. 910. Report related to nuclear forces, deterrence, nonproliferation, and terrorism.

Subtitle B—Total Force Management

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

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

Sec. 913. Assignment of certain new requirements based on determinations of cost-efficiency.

Sec. 914. Prohibition on conversion of functions performed by civilian or contractor personnel to performance by military personnel.

Sec. 915. Notification of compliance with section relating to procurement of services.

Subtitle C—Other Matters

Sec. 921. Extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies.

Sec. 922. Authority to require employees of the Department of Defense and Members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel.

Sec. 923. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services.

Sec. 924. Public release by Inspectors General of reports of misconduct.

Sec. 925. 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. Repeal of limitation on Inspector General audits of certain financial statements.

Sec. 1003. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization and naval reactors.

Sec. 1004. Management of Defense information technology systems.

Sec. 1005. Report on auditable financial statements.

Sec. 1006. Report on implementing audit reporting requirements.

Subtitle B—Counter-Drug Activities

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

Sec. 1012. Three-year extension of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies.

Sec. 1013. Submittal of biannual reports on use of funds in the drug interdiction and counter-drug activities, defense-wide account on the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

Sec. 1014. National Guard drug interdiction and counter-drug activities.

Sec. 1015.  Sense of Congress on Mexico and Central America.

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

Sec. 1024. Limitation on expenditure of funds until commencement of planning of refueling and complex overhaul of the U.S.S. George Washington.

Sec. 1025. Sense of Congress recognizing the anniversary of the sinking of U.S.S. Thresher.

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

Sec. 1027. Prohibition on use of funds for certain permitting activities under the Sunken Military Craft Act.

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.

Sec. 1034. Prohibition on the use of funds for recreational facilities for individuals detained at Guantanamo.

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. Authority to accept voluntary services of law students and persons studying to be paralegals.

Sec. 1043. 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. 1044. Repeal of authority relating to use of military installations by civil reserve air fleet contractors.

Sec. 1045. Certification and limitation on availability of funds for aviation foreign internal defense program.

Sec. 1046. Submittal of procedures and report relating to sensitive military operations.

Sec. 1047. Limitation on use of Russian-flagged airlift aircraft to support the airlift movement requirements of the United States Transportation Command.

Sec. 1048. Prohibition on reduction of force structure at Lajes Air Force Base until completion of assessments by Secretary of Defense and Government Accountability Office.

Sec. 1049. Limitation on removal of C–130 aircraft.

Sec. 1050. Conditions on Army National Guard and active Army force structure changes pending Comptroller General report.

Sec. 1051. Modifications to OH–58D Kiowa Warrior helicopters.

Sec. 1052. Prohibition on use of drones to kill United States citizens.

Subtitle F—Studies and Reports

Sec. 1061. Protection of defense mission-critical infrastructure from electromagnetic pulse and high-powered microwave systems.

Sec. 1062. Response of the Department of Defense to compromises of classified information.

Sec. 1063. Report and briefing to Congress on procurement and inspection of armored commercial passenger-carrying vehicles to transport civilian employees of the Department of Defense.

Sec. 1064. Study on joint analytic capability of the Department of Defense.

Sec. 1065. Business case analysis of the creation of an active duty association for the 68th Air Refueling Wing.

Sec. 1066. Report on long-term costs of operation Iraqi Freedom and Operation Enduring Freedom.

Sec. 1067. Report on force structure laydown of tactical airlift assets.

Sec. 1068. Report on thermal injury prevention.

Subtitle G—Other Matters

Sec. 1071. Technical and clerical amendments.

Sec. 1072. Sale or donation of excess personal property for border security activities.

Sec. 1073. Revision to statute of limitations for aviation insurance claims.

Sec. 1074. Pilot program for the human terrain system.

Sec. 1075. Unmanned aircraft systems and national airspace.

Sec. 1076. Sense of Congress on the life and achievements of Dr. James R. Schlesinger.

Sec. 1077. Reform of quadrennial defense review.

Sec. 1078. Resubmission of 2014 quadrennial defense review.

Sec. 1079. Sense of Congress regarding counter-improvised explosive devices.

Sec. 1080. Enhancing presence and capabilities and readiness posture of United States military in Europe.

Sec. 1081. Determination and disclosure of transportation costs incurred by the Secretary of Defense for congressional trips outside the United States.

Sec. 1082. Improvement of financial literacy.

Sec. 1083. Report on certain information technology systems and technology and critical national security infrastructure.

Sec. 1084. Annual report on performance of regional offices of the Department of Veterans Affairs.

Sec. 1085. Sense of Congress regarding the transfer of used military equipment to Federal, State, and local agencies.

Sec. 1086. Methods for validating certain service considered to be active service by the Secretary of Veterans Affairs.

Sec. 1087. Cost of wars.

Sec. 1088. Observance of Veterans Day.

Sec. 1089. Findings; Sense of Congress.

Sec. 1090. Review of operation of certain ships during the Vietnam Era.

Sec. 1090A. Sense of Congress recognizing the 70th anniversary of the Allied amphibious landing on D-Day, June 6, 1944, at Normandy, France.

Sec. 1090B. Transportation of supplies to members of the Armed Forces from nonprofit organizations.

Sec. 1090C. Sense of Congress on Air Force Flight Training Aircraft.

Sec. 1090D. Sense of Congress on establishment of an Advisory Board on Toxic Substances and Worker Health.

Sec. 1090E. NTIA retention of DNS responsibilities pending GAO report.

Subtitle H—World War I Memorials

Sec. 1091. Short title.

Sec. 1092. Designation of National World War I Museum and Memorial in Kansas City, Missouri.

Sec. 1093. Redesignation of Pershing Park in the District of Columbia as the National World War I Memorial and enhancement of commemorative work.

Sec. 1094. Additional amendments to World War I Centennial Commission Act.

Subtitle I—National Commission on the Future of the Army

Sec. 1095. National Commission on the Future of the Army.

Sec. 1096. Duties of the Commission.

Sec. 1097. Powers of the Commission.

Sec. 1098. Commission personnel matters.

Sec. 1099. Termination of the Commission.

Sec. 1099A. Funding.

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. Permanent authority for experimental personnel program for scientific and technical personnel.

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

Sec. 1106. Judicial review of Merit Systems Protection Board decisions relating to whistleblowers.

Sec. 1107. Pay parity for Department of Defense employees employed at joint bases.

Sec. 1108. 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. 1109. Extension of part-time reemployment authority.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. One-year 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. Annual report on human rights vetting and verification procedures of the Department of Defense.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Extension of Commanders’ Emergency Response Program in Afghanistan.

Sec. 1212. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1213. Extension of certain authorities for support of foreign forces supporting or participating with the United States Armed Forces.

Sec. 1214. Report on progress toward security and stability in Afghanistan under Operation Resolute Support.

Sec. 1215. Requirement to withhold Department of Defense assistance to Afghanistan in amount equivalent to 150 percent of all taxes assessed by Afghanistan to extent such taxes are not reimbursed by Afghanistan.

Sec. 1216. United States plan for sustaining the Afghanistan National Security Forces through the end of fiscal year 2018.

Sec. 1217. Sense of Congress on United States military commitment to Operation Resolute Support in Afghanistan.

Sec. 1218. Extension of Afghan special immigrant program.

Sec. 1219. Independent assessment of United States efforts to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents.

Sec. 1220. Sense of Congress.

Sec. 1220A. Limitation on funds to establish permanent military installations or bases in Afghanistan.

Sec. 1220B. Review process for use of United States funds for construction projects in Afghanistan that cannot be physically accessed by United States Government civilian personnel.

Sec. 1220C. Actions to support human rights, participation, prevention of violence, existing frameworks, and security and mobility with respect to women and girls in Afghanistan.

Sec. 1220D. Sense of Congress relating to Dr. Shakil Afridi.

Subtitle C—Matters relating to the Russian Federation

Sec. 1221. Limitation on military contact and cooperation between the United States and the Russian Federation.

Sec. 1222. Limitation on use of funds with respect to certification of certain flights by the Russian Federation under the Treaty on Open Skies.

Sec. 1223. Limitations on providing certain missile defense information to the Russian Federation.

Sec. 1224. Limitation on availability of funds to transfer missile defense information to the Russian Federation.

Sec. 1225. Report on non-compliance by the Russian Federation of its obligations under the INF Treaty.

Sec. 1226. Sense of Congress regarding Russian aggression toward Ukraine.

Sec. 1227. Annual report on military and security developments involving the Russian Federation.

Sec. 1228. Plan to reduce Russian Federation nuclear force dependencies on Ukraine.

Sec. 1229. Prohibition on use of funds to enter into contracts or agreements with Rosoboronexport.

Sec. 1230. Requirements relating to certain defense transfers to the Russian Federation.

Sec. 1230A. Limitation on funds for implementation of the New START Treaty.

Subtitle D—Matters relating to the Asia-Pacific region

Sec. 1231. Strategy to prioritize United States interests in the United States Pacific Command Area of Responsibility and implementation plan.

Sec. 1232. Modifications to annual report on military and security developments involving the People’s Republic of China.

Sec. 1233. Report on goals and objectives guiding military engagement with Burma.

Sec. 1234. Report on Department of Defense munitions strategy for United States Pacific Command.

Sec. 1235. Missile defense cooperation.

Sec. 1236. Maritime capabilities of Taiwan and its contribution to regional peace and stability.

Sec. 1237. Independent assessment on countering anti-access and area-denial strategies and capabilities in the Asia-Pacific region.

Sec. 1238. Sense of Congress reaffirming security commitment to Japan.

Sec. 1239. Sense of Congress on opportunities to strengthen relationship between the United States and the Republic of Korea.

Sec. 1240. Sense of Congress on future of NATO and enlargement initiatives.

Sec. 1240A. Sale of F–16 aircraft to Taiwan.

Subtitle E—Other matters

Sec. 1241. Extension of authority for support of special operations to combat terrorism.

Sec. 1242. One-year extension of authorization for non-conventional assisted recovery capabilities.

Sec. 1243. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1244. Modification of national security planning guidance to deny safe havens to al-Qaeda and its violent extremist affiliates.

Sec. 1245. 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. 1246. Strategic framework for United States security force assistance and cooperation in the European and Eurasian regions.

Sec. 1247. Requirement of Department of Defense to continue implementation of United States Strategy to Prevent and Respond to Gender-Based Violence Globally and participation in Interagency Working Group.

Sec. 1248. Department of Defense situational awareness of economic and financial activity.

Sec. 1249. Treatment of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan under the Immigration and Nationality Act.

Sec. 1250. Prohibition on integration of certain missile defense systems.

Sec. 1251. Report, determination, and strategy regarding the terrorists responsible for the attack against United States personnel in Benghazi, Libya, and other regional threats.

Sec. 1252. War Powers of Congress.

Sec. 1253. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1254. Rule of construction.

Sec. 1255. Combating crime through intelligence capabilities.

Sec. 1256. Statement of policy.

Sec. 1257. Declaration of policy regarding Israel’s lawful exercise of self-defense.

Sec. 1258. Statement of policy and report on the inherent right of Israel to self-defense.

Subtitle F—Reports and sense of Congress provisions

Sec. 1261. Report on New Normal and general mission requirements of United States Africa Command.

Sec. 1262. Report on contractors with the Department of Defense that have conducted significant transactions with Iranian persons or the Government of Iran.

Sec. 1263. Reports on nuclear program of Iran.

Sec. 1264. Sense of Congress on United States presence and cooperation in the Arabian Gulf region to deter Iran.

Sec. 1265. Sense of Congress on modernization of defense capabilities of Poland.

Sec. 1266. Report on Accountability for Crimes Against Humanity in Nigeria.

Sec. 1267. Sense of Congress regarding the naval capabilities of the Russian Federation.

Sec. 1268. Report on collective and national security implications of central Asian and South Caucasus energy development.

Sec. 1269. Findings and sense of Congress.

Sec. 1270. Sense of Congress on Nigeria and Boko Haram.

Sec. 1271. Recognition of victims of Soviet Communist and Nazi regimes.

Sec. 1272. Report relating to rescue efforts in Nigerian kidnapping.

Title XIII—Cooperative Threat Reduction

Sec. 1301. Specification of Cooperative Threat Reduction Programs and Funds.

Sec. 1302. Funding Allocations.

Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction activities with Russian Federation.

Title XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

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

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

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle B—National Defense Stockpile

Sec. 1411. Revisions to previously authorized disposals from the National Defense Stockpile.

Subtitle C—Other Matters

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

Sec. 1422. Authorization of appropriations for Armed Forces Retirement Home.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

Sec. 1503. Operation and maintenance.

Sec. 1504. Military personnel.

Sec. 1505. Other appropriations.

Subtitle B—Financial Matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Subtitle C—Limitations, Reports, and Other Matters

Sec. 1521. Continuation of existing limitations on the use of funds in the Afghanistan Security Forces Fund.

Sec. 1522. Use of and transfer of funds from Joint Improvised Explosive Device Defeat Fund.

Sec. 1523. Limitation on use of funds for the Afghanistan Infrastructure Fund.

Sec. 1524. Codification of Office of Management and Budget criteria.

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. Liquid rocket engine development program.

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

Sec. 1606. Space protection strategy.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1611. Assessment and limitation on availability of funds for intelligence activities and programs of United States Special Operations Command and special operations forces.

Sec. 1612. Annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands.

Sec. 1613. One-year extension of report on imagery intelligence and geospatial information support provided to regional organizations and security alliances.

Sec. 1614. Tactical Exploitation of National Capabilities Executive Agent.

Sec. 1615. Air Force intelligence organization.

Sec. 1616. Prohibition on National Intelligence Program consolidation.

Sec. 1617. Report on governance and corruption in the Russian Federation.

Subtitle C—Cyberspace-Related Matters

Sec. 1621. Executive agent for cyber test and training ranges.

Sec. 1622. Sense of Congress regarding role of National Guard in defense of United States against cyber attacks.

Sec. 1623. Director of National Intelligence certification with respect to the mission analysis for cyber operations of Department of Defense.

Subtitle D—Nuclear Forces

Sec. 1631. Preparation of annual budget request regarding nuclear weapons.

Sec. 1632. Independent review of the personnel reliability program of the Department of Defense and the human reliability program of the Department of Energy.

Sec. 1633. Assessment of nuclear weapon secondary requirement.

Sec. 1634. Retention of missile silos.

Sec. 1635. Certification on nuclear force structure.

Sec. 1636. Findings and statement of policy on the nuclear triad.

Sec. 1637. Improvement to biennial assessment on delivery platforms for nuclear weapons and the nuclear command and control system.

Sec. 1638. Reports and briefings of Strategic Advisory Group.

Sec. 1639. Limitation on availability of funds for removal or consolidation of dual-capable aircraft from Europe.

Sec. 1640. Annual Congressional Budget Office review of cost estimates for nuclear weapons.

Subtitle E—Missile Defense Programs

Sec. 1641. Theater air and missile defense of allies of the United States.

Sec. 1642. Sense of Congress on procurement and deployment of capability enhancement II exoatmospheric kill vehicle.

Sec. 1643. Procurement authority for specified fuzes.

Sec. 1644. Plan to counter certain ground-launched ballistic missiles and cruise missiles.

Sec. 1645. Study on testing program of ground-based midcourse missile defense system.

Sec. 1646. Budget increase for Aegis ballistic missile defense.

Title XVII—Defense Audit Advisory Panel on Department of Defense Auditability

Sec. 1701. Findings and purposes.

Sec. 1702. Establishment of Advisory Panel on Department of Defense Audit Readiness.

Sec. 1703. Duties of the Advisory Panel.

Sec. 1704. Powers of the Advisory Panel.

Sec. 1705. Advisory Panel personnel matters.

Sec. 1706. Termination of the Advisory Panel.

Division B—Military Construction Authorizations

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

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.

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

Sec. 2305. Extension of authorization of certain fiscal year 2011 project.

Sec. 2306. Extension of authorizations of certain fiscal year 2012 projects.

Title XXIV—Defense Agencies Military Construction

Subtitle A—Defense Agency Authorizations

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

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Extension of authorizations of certain fiscal year 2011 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 required reports.

Subtitle B—Chemical Demilitarization Authorizations

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

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

Title XXV—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Title XXVI—Guard and Reserve Forces Facilities

Subtitle A—Project Authorizations and Authorization of Appropriations

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

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

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

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

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

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

Subtitle B—Other Matters

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

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

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

Title XXVII—Base Realignment and Closure Activities

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. Force-structure plans and infrastructure inventory and assessment of infrastructure necessary to support the force structure.

Sec. 2722. Modification of property disposal procedures under base realignment and closure process.

Sec. 2723. Final settlement of claims regarding caretaker agreement for former Defense Depot Ogden, Utah.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Prevention of circumvention of military construction laws.

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

Sec. 2803. Use of one-step turn-key contractor selection procedures for additional facility projects.

Sec. 2804. Extension of limitation on construction projects in European Command area of responsibility.

Sec. 2805. Report on Prevalence of Black Mold in Buildings Located on Military Installations.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Consultation requirement in connection with Department of Defense major land acquisitions.

Sec. 2812. Renewals, extensions, and succeeding leases for financial institutions operating on military installations.

Sec. 2813. Arsenal Installation Reutilization Authority.

Sec. 2814. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions.

Sec. 2815. Special easement acquisition authority, Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii.

Sec. 2816. National security considerations for inclusion of Federal property on National Register of Historic Places or designation as National Historic Landmark under the National Historic Preservation Act.

Sec. 2817. Sense of Congress on national security and public lands.

Sec. 2818. Use of former bombardment area on island of Culebra, Puerto Rico.

Sec. 2819. Indemnification of transferees of property at military installations closed since October 24, 1988, that remain under the jurisdiction of the Department of Defense.

Subtitle C—Provisions Related to Asia-Pacific Military Realignment

Sec. 2831. Repeal or modification of certain restrictions on realignment of Marine Corps forces in Asia-Pacific Region.

Sec. 2832. Establishment of surface danger zone, Ritidian Unit, Guam National Wildlife Refuge.

Subtitle D—Land Conveyances

Sec. 2841. Land conveyance, Mt. Soledad Veterans Memorial, La Jolla, California.

Sec. 2842. Land conveyance, former Walter Reed Army Hospital, District of Columbia.

Sec. 2843. Transfers of administrative jurisdiction, Camp Frank D. Merrill and Lake Lanier, Georgia.

Sec. 2844. Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii.

Sec. 2845. Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois.

Sec. 2846. Land conveyance, Robert H. Dietz Army Reserve Center, Kingston, New York.

Sec. 2847. Exercise of reversionary interest, Camp Gruber, Oklahoma.

Sec. 2848. Land conveyance, Hanford Site, Washington.

Sec. 2849. Land conveyance, former Air Force Norwalk Defense Fuel Supply Point, Norwalk, California.

Subtitle E—Other Matters

Sec. 2861. Memorial to the victims of the shooting attack at the Washington Navy Yard.

Sec. 2862. Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies.

Sec. 2863. Redesignation of Pohakuloa Training Area in Hawaii as Pohakuloa Training Center.

Sec. 2864. Designation of Distinguished Flying Cross National Memorial in Riverside, California.

Sec. 2865. Renaming site of the Dayton Aviation Heritage National Historical Park, Ohio.

Sec. 2866. Manhattan Project National Historical Park.

Sec. 2867. Ensuring public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument.

Title XXIX—Military Land Transfers and Withdrawals to Support Readiness and Security

Subtitle A—Naval Air Station Fallon, Nevada

Sec. 2901. Transfer of administrative jurisdiction, Naval Air Station Fallon, Nevada.

Sec. 2902. Water rights.

Sec. 2903. Withdrawal.

Subtitle B—Marine Corps Air Ground Combat Center Twentynine Palms, California

Sec. 2911. Redesignation of Johnson Valley Off-Highway Vehicle Recreation Area, California.

Subtitle C—Bureau of Land Management Withdrawn Military Lands Efficiency and Savings

Sec. 2921. Elimination of termination date for public land withdrawals and reservations under Military Lands Withdrawal Act of 1999.

Subtitle D—Naval Air Weapons Station China Lake, California

Sec. 2931. Withdrawal and reservation of public land for Naval Air Weapons Station China Lake, California.

Subtitle E—White Sands Missile Range, New Mexico

Sec. 2941. Additional withdrawal and reservation of public land to support White Sands Missile Range, New Mexico.

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.

Sec. 3104. Energy Security and Assurance.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Design and use of prototypes of nuclear weapons for intelligence purposes.

Sec. 3112. Authorized personnel levels of National Nuclear Security Administration.

Sec. 3113. Cost containment for Uranium Capabilities Replacement Project.

Sec. 3114. Plutonium pit production capacity.

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

Sec. 3116. Production of nuclear warhead for long-range standoff weapon.

Sec. 3117. Disposition of weapons-usable plutonium.

Sec. 3118. Limitation on availability of funds for Office of the Administrator for Nuclear Security.

Sec. 3119. Additional limitation on availability of funds for Office of the Administrator for Nuclear Security.

Sec. 3120. Limitation on availability of funds for nonproliferation activities between the United States and the Russian Federation.

Sec. 3121. Limitation on availability of funds for defense nuclear nonproliferation activities at sites in the Russian Federation.

Subtitle C—Plans and Reports

Sec. 3131. Cost estimation and program evaluation by National Nuclear Security Administration.

Sec. 3132. Analysis and report on W88 Alt 370 program high explosives options.

Sec. 3133. Analysis of existing facilities.

Sec. 3134. Plan for verification and monitoring of proliferation of nuclear weapons and fissile material.

Subtitle D—Other matters

Sec. 3141. Technical corrections to Atomic Energy Defense Act.

Sec. 3142. Technical corrections to National Nuclear Security Administration Act.

Sec. 3143. Budget increase for defense environmental cleanup.

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. Special rule for DD–17.

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

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—Procurement

Sec. 4101. Procurement.

Title XLII—Research, Development, Test, and Evaluation

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

Title XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

Title XLIV—Military Personnel

Sec. 4401. Military personnel.

Title XLV—Other Authorizations

Sec. 4501. Other authorizations.

Title XLVI—Military construction

Sec. 4601. Military construction.

Title XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

Division E—Federal Information Technology Acquisition Reform

Sec. 5001. Short title.

Sec. 5002. Table of contents.

Sec. 5003. Definitions.

Title LI—MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT

Sec. 5101. Increased authority of agency Chief Information Officers over information technology.

Sec. 5102. Lead coordination role of Chief Information Officers Council.

Sec. 5103. Reports by Government Accountability Office.

Title LII—DATA CENTER OPTIMIZATION

Sec. 5201. Purpose.

Sec. 5202. Definitions.

Sec. 5203. Federal data center optimization initiative.

Sec. 5204. Performance requirements related to data center consolidation.

Sec. 5205. Cost savings related to data center optimization.

Sec. 5206. Reporting requirements to Congress and the Federal Chief Information Officer.

Title LIII—ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION TECHNOLOGY ACQUISITION

Sec. 5301. Inventory of information technology software assets.

Sec. 5302. Website consolidation and transparency.

Sec. 5303. Transition to the cloud.

Sec. 5304. Elimination of unnecessary duplication of contracts by requiring business case analysis.

Title LIV—Strengthening IT Acquisition Workforce

Sec. 5411. Expansion of training and use of information technology acquisition cadres.

Sec. 5412. Plan on strengthening program and project management performance.

Sec. 5413. Personnel awards for excellence in the acquisition of information systems and information technology.

Title LV—ADDITIONAL REFORMS

Sec. 5501. Maximizing the benefit of the Federal strategic sourcing initiative.

Sec. 5502. Governmentwide software purchasing program.

Sec. 5503. Promoting transparency of blanket purchase agreements.

Sec. 5504. Additional source selection technique in solicitations.

Sec. 5505. Enhanced transparency in information technology investments.

Sec. 5506. Enhanced communication between government and industry.

Sec. 5507. Clarification of current law with respect to technology neutrality in acquisition of software.

Sec. 5508. No additional funds authorized.

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.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

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.

Limitation on availability of funds for airborne reconnaissance low aircraft

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for aircraft procurement, Army, for the modernization of the communications intelligence subsystem of airborne reconnaissance low aircraft may be obligated or expended until the Secretary of the Army submits to the congressional defense committees a report that—

(1)

specifies which such subsystem will be used to modernize such aircraft;

(2)

explains how such subsystem was selected;

(3)

identifies the alternatives to such subsystem that the Secretary considered during such selection; and

(4)

details how such subsystem will be integrated into the signals intelligence modernization plan of the Army.

112.

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.

Multiyear procurement authority for Tomahawk block IV missiles

(a)

Authority for multiyear procurement

(1)

In general

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for a period of not more than five years, beginning with the fiscal year 2015 program year, for the procurement of Tomahawk block IV missiles.

(2)

Submission of written certification by Secretary of Defense

For purposes of carrying out subsection (i)(1) of such section 2306b with respect to a contract entered into under paragraph (1), the Secretary shall substitute the date that is 45 days before the date on which the Secretary enters into a contract under section 121 of the Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 for March 1 of the year in which the Secretary requests legislative authority to enter into such contract.

(b)

Condition for 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 the contract for a fiscal year after fiscal year 2015 is subject to the availability of appropriations for that purpose for such later fiscal year.

122.

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.

123.

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

(a)

Limitation on milestone b decision

The Commander of the United States Special Operations Command may not make any Milestone B acquisition decisions with respect to a covered element unless—

(1)

the Commander has submitted to the congressional defense committees the transition plan under subsection (b)(2);

(2)

the Under Secretary of Defense for Acquisition, Technology, and Logistics has submitted to such committees the certification under subsection (c)(1); and

(3)

the Secretary of the Navy has completed the review under subsection (d)(1).

(b)

Transition plan

(1)

In general

The Commander shall develop a transition plan 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 transition plan under paragraph (1).

(c)

Certification

(1)

In general

Except as provided by paragraph (2), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall certify an acquisition strategy for covered elements developed by the Commander if such strategy—

(A)

is based on reasonable cost and schedule estimates to execute the product development and production plan;

(B)

the technology in the program has been demonstrated in a relevant environment; and

(C)

the program complies with all relevant policies, regulations, and directives of the Secretary of Defense.

(2)

Waiver

The Secretary of Defense may waive the certification requirement in paragraph (1) if the Secretary—

(A)

determines that such certification is not in the interests of the United States; and

(B)

notifies the congressional defense committees of such determination, including justifications for making the waiver.

(d)

Review

The Secretary of the Navy shall—

(1)

review the transition plan under subsection (b)(1) and the acquisition strategy described in subsection (c)(1); and

(2)

ensure that the development of requirements for the Navy and the acquisition plans of the Navy take into account such transition plan and acquisition strategy.

(e)

Definitions

In this section:

(1)

The term covered element means any of the following elements of the undersea mobility acquisition program of the United States Special Operations Command:

(A)

The dry combat submersible-light program.

(B)

The dry combat submersible-medium program.

(C)

The next-generation submarine shelter program.

(D)

Any new dry combat submersible developed under the undersea mobility acquisition program of the United States Special Operations Command after the date of the enactment of this Act.

(2)

The term Milestone B approval has the meaning given that term in section 2366(e) of title 10, United States Code.

(f)

Conforming repeal

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

124.

Limitation on availability of funds for moored training ship program

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for shipbuilding and construction, Navy, for design, conversion, modification, or construction relating to the moored training ship program of the Navy, not more than 80 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that—

(1)

the Chairman of the Joint Requirements Oversight Council has reviewed and approved the need for two additional moored training ships;

(2)

the Director of Cost Assessment and Program Evaluation has reviewed and certified the cost estimates of the moored training ship program; and

(3)

the Under Secretary of Defense for Acquisition, Technology, and Logistics has reviewed and approved the budget, schedule, and construction plans for such two additional moored training ships.

125.

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 increment.

(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.

126.

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 Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015, or otherwise made available for fiscal years 2014 or 2015.

D

Air Force Programs

131.

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

(a)

Prohibition

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—

(1)

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

(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 paragraph (1).

(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 75 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.

132.

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

(a)

Prohibition

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 retire A–10 aircraft.

(b)

Comptroller General study

(1)

Study

The Comptroller General of the United States shall conduct a study evaluating the platforms of the Air Force used, as of the date of the study, to conduct close air support missions.

(2)

Report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the study under paragraph (1), including—

(A)

the cost per airframe carrying out the close air support missions described in such paragraph;

(B)

the capabilities of each platform evaluated under such study; and

(C)

a determination by the Comptroller General with respect to whether such airframes other than A–10 aircraft are able to successfully carry out such close air support missions.

133.

Limitation 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.

134.

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

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Air Force may be obligated or expended during such fiscal year to divest or transfer, or prepare to divest or transfer, KC–10 aircraft.

135.

Limitation on availability of funds for divestment of E–3 airborne warning and control system 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 divest more than four E–3 airborne warning and control system aircraft, or disestablish any units of the active or reserve components associated with such aircraft, until a period of 15 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees a report consisting of—

(1)

a certification that the Secretary is able to meet all priority requirements of the commanders of the combatant commands relating to such aircraft with a planned force of 24 such aircraft; and

(2)

a detailed explanation how the Secretary will meet such requirements with such planned force.

E

Defense-wide, Joint, and Multiservice Matters

141.

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.

142.

Sense of Congress regarding the OCONUS basing of the F–35A

(a)

Findings

Congress makes the following findings:

(1)

The Department of Defense has begun its process of permanently stationing the F–35 at installations in the Continental United States (in this section referred to as CONUS) and forward-basing Outside the Continental United States (in this section referred to as OCONUS).

(2)

The Secretary of the Air Force is assessing operating bases for the F–35A to support Pacific Air Forces, which includes two United States candidate bases in Alaska and three foreign OCONUS candidate bases.

(b)

Sense of Congress

It is the Sense of Congress that the Secretary of the Air Force, in the strategic basing process for the F–35A, should place emphasis on the benefits derived from sites that—

(1)

are capable of hosting fighter-based bilateral and multilateral training opportunities with international partners;

(2)

have sufficient airspace and range capabilities and capacity to meet the training requirements;

(3)

have existing facilities to support personnel, operations, and logistics associated with the flying mission;

(4)

have limited encroachment that would adversely impact training or operations; and

(5)

minimize the overall construction and operational costs.

II

Research, Development, Test, and Evaluation

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.

Preliminary design review of presidential aircraft recapitalization program

The milestone decision authority (as defined in section 2366b(g) of title 10, United States Code) may not make a waiver under section 2366b(d) of title 10, United States Code, with respect to the presidential aircraft recapitalization program of the Air Force.

212.

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 committee 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.

213.

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 the report under subsection (b).

(b)

Report

Not later than December 31, 2014, the Secretary of Defense shall submit 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.

214.

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 detailed 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.

215.

Limitation on availability of funds for weather satellite follow-on system

(a)

Manifest

The Secretary of the Air Force shall—

(1)

place the last remaining satellite of the defense meteorological satellite program on the launch manifest for the evolved expendable launch vehicle program; and

(2)

establish an additional launch, for acquisition during fiscal year 2015, under the evolved expendable launch vehicle program using full and open competition among certified providers.

(b)

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 the weather satellite follow-on system, not more than 25 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the plan under subsection (c).

(c)

Plan required

The Secretary of the Air Force shall develop a plan to meet the meteorological and oceanographic collection requirements of the Joint Requirements Oversight Council. The plan shall include the following:

(1)

How the Secretary will launch and use existing assets of the defense meteorological satellite program.

(2)

How the Secretary will use other sources of data, such as civil, commercial satellite weather data, and international partnerships, to meet such requirements.

(3)

An explanation of the relevant costs and schedule.

(4)

The requirements of the weather satellite follow-on system.

216.

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

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 data exploitation under the space-based infrared systems, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees certification that—

(1)

such funds will be used in support of data exploitation of the current space-based infrared systems program of record, including the scanning and staring sensor; or

(2)

the data from such program of record, including such scanning and starring sensor, is being fully exploited and no further efforts are warranted.

217.

Limitation on availability of funds for hosted payload and wide field of view testbed of the space-based infrared 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 the hosted payload and wide field of view testbed of the space-based infrared systems program, not more than 50 percent may be obligated or expended on alternative approaches to the program of record of such program until—

(1)

the completion of the ongoing analysis of alternatives for such program of record; and

(2)

a period of 60 days has elapsed following the date on which the Secretary of the Air Force and the Commander of the United States Strategic Command jointly provide to the appropriate congressional committees a briefing on the findings and recommendations of the Secretary and Commander under such analysis of alternatives, including the cost evaluation of the Director of Cost Assessment and Program Evaluation.

(b)

Exception

The limitation in subsection (a) shall not apply to efforts to examine and develop technology insertion opportunities for the program of record specified in subsection (a).

(c)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means the following:

(1)

The congressional defense committees.

(2)

The Permanent Select Committee on Intelligence of the House of Representatives.

(3)

The Select Committee on Intelligence of the Senate.

218.

Limitation on availability of funds for protected tactical demonstration and protected military satellite communications testbed of the advanced extremely high frequency 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, Air Force, for the protected tactical demonstration and protected military satellite communications testbed of the advanced extremely high frequency program, not more than 50 percent may be obligated or expended on alternative approaches to the program of record for such program until—

(1)

the completion of the ongoing analysis of alternatives for such program of record; and

(2)

a period of 60 days has elapsed following the date on which the Secretary of the Air Force and the Commander of the United States Strategic Command jointly provide to the congressional defense committees a briefing on the findings and recommendations of the Secretary and Commander under such analysis of alternatives, including the cost evaluation of the Director of Cost Assessment and Program Evaluation.

(b)

Exception

The limitation in subsection (a) shall not apply to efforts to examine and develop technology insertion opportunities for the program of record specified in subsection (a).

C

Other Matters

221.

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 of Defense; or

(ii)

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

.

222.

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

(a)

Revision of functions of defense research facilities

Subsection (b) of section 2364 of title 10, United States Code, is amended—

(1)

in paragraph (3), by adding and after the semicolon;

(2)

in paragraph (4)—

(A)

by adding and issue between position and papers;

(B)

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

(C)

by striking ; and and inserting a period; and

(3)

by striking paragraph (5).

(b)

Definitions

Subsection (c) of such section is amended to read as follows:

(c)

Defense research facility defined

In this section, the term defense research facility means a Department of Defense facility which performs or contracts for the performance of—

(1)

basic research; or

(2)

applied research known as exploratory development.

.

223.

Modification to cost-sharing requirement for 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 (10 U.S.C. 2358 note) is amended in the matter following paragraph (2) by striking at least one-half of the cost of such activities and inserting an appropriate share of the cost of such activities, as determined by the Secretary.

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Operation and maintenance funding

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.

302.

Increase in funding for Civil Military Programs

(a)

Funding

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs, is hereby increased by $55,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense is hereby reduced by $55,000,000.

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.

Biannual certification by commanders of the combatant commands relating to the prohibition on the disposal of waste in open-air burn pits

Paragraph (2) of subsection (a) of section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) is amended to read as follows:

(2)

Compliance

(A)

Certification of compliance

Except as provided under subparagraph (B), the commander of each combatant command that is engaged in a contingency operation shall submit to the Committees on Armed Services of the Senate and House of Representatives biannual certifications that covered waste under the jurisdiction of the commander has not been disposed of in violation of the regulations prescribed pursuant to paragraph (1) during the period covered by the certification.

(B)

Notice of noncompliance

If a commander determines that certification cannot be made under subparagraph (A) because, with respect to covered waste under the jurisdiction of the commander, no alternative disposal method was feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the commander shall notify the Secretary of Defense of such determination and the Secretary shall—

(i)

not later than 30 days after such determination is made, submit to the Committees on Armed Services of the Senate and House of Representatives notice of such determination, including the circumstances, reasoning, and methodology that led to such determination; and

(ii)

after notice is given under clause (i), for each subsequent 180-day-period during which covered waste is disposed of in the open-air burn pit covered by such notice, submit to the Committees on Armed Services of the Senate and House of Representatives the justifications of the Secretary for continuing to operate such open-air burn pit.

.

313.

Exclusions from definition of chemical substance under Toxic Substances Control Act and report on lead ammunition

(a)

In general

Section 3(2)(B)(v) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended by striking , and and inserting and any component of such an article (including, without limitation, shot, bullets and other projectiles, propellants when manufactured for or used in such an article, and primers), and.

(b)

Assessment and report

Not later than September 30, 2015, the Secretary of the Army, in consultation with the Secretaries of the other military departments, shall submit to the congressional defense committees a report containing the results of an assessment conducted by the Secretary of each of the following:

(1)

The total costs associated with the procurement of non-lead alternatives for small arms, broken down by type.

(2)

The total costs associated with the qualification of non-lead alternatives for small arms, broken down by type.

(3)

An assessment of the extent to which non-lead variants of ammunition exist for small arms, and to the extent such variants exist, the extent to which such variants meet service requirements and specifications.

314.

Exemption of Department of Defense from alternative fuel procurement requirement

Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: This section shall not apply to the Department of Defense..

315.

Congressional notice of bulk purchase of alternative fuels for operational use

Not later than 60 days before making a bulk purchase of alternative fuels intended for operational use, the Secretary of Defense shall submit to the congressional defense committees notice of the intent to make such a purchase. Such notice shall include the total quantity of fuel, the cost, and the type of funding intended to be used to make the purchase.

316.

Limitation on procurement of biofuels

(a)

In general

Except as provided in subsection (b), none of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be used to purchase or produce biofuels until the earlier of the following dates:

(1)

The date on which the cost of the biofuel is equal to the cost of conventional fuels purchased by the Department.

(2)

The date on which the Budget Control Act of 2011 (Public Law 112–25), and the sequestration in effect by reason of such Act, are no longer in effect.

(b)

Exceptions

The limitation under subsection (a) shall not apply to biofuels purchased—

(1)

in limited quantities necessary to complete test and certification; or

(2)

for the biofuel research and development efforts of the Department.

317.

Limitation on plan, design, refurbishing, or construction of biofuels refineries

The Secretary of Defense may not enter into a contract for the planning, design, refurbishing, or construction of a biofuels refinery any other facility or infrastructure used to refine biofuels unless such planning, design, refurbishing, or construction is specifically authorized by law.

318.

Off-installation Department of Defense natural resources projects compliance with integrated natural resource management plans

Section 103A of the Sikes Act (16 U.S.C. 670c–1) is amended by adding at the end the following new subsection:

(d)

Compliance with integrated natural resource management plan

In the case of a cooperative agreement or interagency agreement under subsection (a) for the maintenance and improvement of natural resources located off of a military installation or State-owned National Guard installation, funds referred to in subsection (b) may be used only pursuant to an approved integrated natural resources management plan.

.

319.

Recommendation on Air Force energy conservation measures

Congress recommends that the Secretary of the Air Force take action on identified energy conservation measures in a comprehensive and timely manner using an array of available funding mechanisms.

320.

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).

320A.

Prohibition on use of funds to implement certain climate change assessments and reports

None of the funds authorized to be appropriated or otherwise made available by this Act may be used to implement the United States Global Change Research Program National Climate Assessment, the Intergovernmental Panel on Climate Change’s Fifth Assessment Report, the United Nation’s Agenda 21 sustainable development plan, or the May 2013 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order No. 12866.

C

Logistics and Sustainment

321.

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,.

322.

Comptroller General reports on Department of Defense prepositioning strategic policy and plan for prepositioned stocks

Subsection (c) of section 321 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) is amended to read as follows:

(c)

Comptroller General Reports

(1)

Initial report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and including any additional information relating to the prepositioning strategic policy and plan that the Comptroller General determines appropriate.

(2)

Follow-up reports

Following the submittal of the initial report required under paragraph (1), the Comptroller General shall conduct annual reviews, for each of the subsequent three years, of the progress of the Department of Defense in implementing the strategic policy and the Department plan for prepositioned stocks, and submit to the congressional defense committees a report containing an assessment of such progress, including any additional information related to the management of prepositioned stocks that the Comptroller General determines appropriate.

.

323.

Pilot program on provision of logistic support for the conveyance of excess defense articles to allied forces

(a)

In general

The Secretary of Defense may establish a pilot program to provide logistic support for the conveyance of excess defense articles to allied forces participating in bilateral or multilateral training activities with the Armed Forces of the United States.

(b)

Limitation

In carrying out the pilot program under this section, the Secretary may only provide logistic support—

(1)

in accordance with the Arms Export Control Act and other relevant export control laws of the United States;

(2)

in accordance with section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j);

(3)

in direct support of training activities—

(A)

carried out in support of a contingency operation or a noncombat operation (including an operation in support of the provision of humanitarian or foreign disaster assistance, a country stabilization operation, or a peacekeeping operation under chapter VI or VII of the Charter of the United Nations); or

(B)

if the Secretary determines that the provision of such support is in the best interest of the Armed Forces of the Unites States.

(c)

Limitation

The total value of logistic support provided under subsection (a)(1) in any fiscal year may not exceed $10,000,000.

(d)

Termination

The authority to carry out the pilot program under this section shall terminate on September 30, 2016.

(e)

Report

Not later than December 31 of each year during which the Secretary carried out a pilot program under this section, the Secretary shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on the pilot program under this section during the fiscal year preceding the fiscal year during which the report is submitted. Each such report shall contain each of the following for the fiscal year covered by the report:

(1)

Each nation for which logistic support was provided under the pilot program.

(2)

For each such nation, a description of the type and value of logistic support, and the excess defense article or articles conveyed.

(f)

Definitions

In this section:

(1)

The term logistics support means—

(A)

the use of military transportation and cargo-handling assets, including aircraft;

(B)

materiel support in the form of fuel, petroleum, oil, or lubricants; and

(C)

commercially contracted transportation.

(2)

The term excess defense article has the meaning given such term in section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

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.

Report on enduring requirements and activities currently funded through amounts authorized to be appropriated for overseas contingency operations

(a)

Report required

Not later than the date of the submission of the President’s budget for a fiscal year under section 1105 of title 31, United States Code, for fiscal year 2016, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following:

(1)

A list of enduring mission requirements, equipping, training, sustainment, and other operation and maintenance activities of the military departments, combat support agencies, and Department of Defense that are funded through amounts authorized to be appropriated for overseas contingency operations.

(2)

The amounts appropriated for fiscal year 2014 for the activities described in paragraph (1).

(3)

The amounts provided in the budget for fiscal year 2015 submitted to Congress by the President under section 1105(a) of title 31, United States Code.

(4)

A three-year plan to migrate the requirements and activities on the list described in paragraph (1) to be funded other than through amounts authorized to be appropriated for overseas contingency operations.

(b)

Definition of enduring

For purposes of this section, the term enduring means planned to continue to exist beyond the last day of the period covered by the future-years defense program under section 221 of title 10, United States Code, in effect as of the date of the enactment of this Act.

333.

Army assessment of the regionally aligned force

At the same time as the President transmits to Congress the budget for fiscal 2016 year 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 force in the United States Africa Command area of responsibility;

(2)

institutionalized and improved predeployment training;

(3)

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

(4)

accounted for all the various funding streams used to fund regionally aligned force activities, including the amount of funds expended from each account;

(5)

assessed the impacts associated with long-term commitments of regionally aligned forces to meet security cooperation requirements;

(6)

maintained high levels of core mission readiness while supporting geographic combatant commander requirements through regionally aligned force activities;

(7)

planned for expansion of the regionally aligned force model; and

(8)

planned to retain regional expertise within units habitually aligned to a specific region.

334.

Report on impacts of funding reductions on military readiness

(a)

Report required

Not later than 30 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall report to the congressional defense committees on the readiness and cost impacts, both immediate and long-term, for the military services, the Office of the Secretary of Defense, the Joint Chiefs of Staff, and the Defense Agencies, of the reductions in funding required in section 4301 of this Act. Such report shall address each of the following categories:

(1)

Reduction in contracts for Other Services, including—

(A)

impacts on mission execution and effectiveness;

(B)

subsistence and support of persons, including submarine galley maintenance in support of the Navy fleets;

(C)

the credentialing of health, legal, engineering, and acquisition professionals, including licenses, certifications, and national board examinations;

(D)

continuing education for military service members and their families, including tuition assistance and completion of graduate degrees, including correspondence courses;

(E)

scholarships, instructor pay, and textbooks for Reserve Officer Training Corps and Junior Reserve Officer Training Corps programs;

(F)

installation family support programs;

(G)

general training, including training outside normal occupational specialties such as cultural and language training for deploying forces;

(H)

physical fitness services;

(I)

the annual audit of financial records and annual review of acquisition programs;

(J)

drivers for security details;

(K)

foreign national indirect hires;

(L)

port visit costs and port visit security;

(M)

Defense Travel System afloat support;

(N)

engineering readiness assessment teams;

(O)

sexual assault and suicide prevention and response programs;

(P)

student meal programs and educational assistance purchases;

(Q)

employer support to the National Guard and Reserve;

(R)

Yellow Ribbon Reintegration Program; and

(S)

network programming activities, database sustainment, and improvement.

(2)

Reductions in contracts for facility sustainment, restoration, and modernization, including—

(A)

impacts to mission execution and effectiveness;

(B)

impacts to life, health and safety, including fire and emergency services;

(C)

impacts to training;

(D)

deferrals of repairs or upgrades to mission-critical infrastructure, including roads, electrical systems, heating and air conditioning systems, and buildings;

(E)

deferrals of repairs or upgrades to airfield runways, taxiways and aprons;

(F)

installation security through the deferrals of repairs, replacements or reconfigurations of gates or other installation security components;

(G)

base operations due to deferral of facility renovations, consolidations, conversions, or demolitions;

(H)

operation of dining facilities;

(I)

utility privatization;

(J)

deferrals of repair and renovation of barracks;

(K)

facilities engineering services;

(L)

dredging of navigation channels;

(M)

execution of the minimum six percent capital investment program required under section 2476 of title 10, United States Code; and

(N)

maintenance, repairs, and modernization of Department of Defense dependent schools in Europe and the Pacific and defense domestic dependent elementary schools.

(3)

Reductions in civilian personnel, including—

(A)

mission execution and effectiveness;

(B)

the ability to recruit, hire, and train civilian employees;

(C)

the cost of overtime that will be generated as a result of unfilled civilian personnel billets;

(D)

the morale of the civilian workforce; and

(E)

the ability to execute reductions in force within the fiscal year.

(4)

Reductions in unobligated balances of prior-year funding, including—

(A)

mission execution and effectiveness; and

(B)

the ability to execute reductions within the fiscal year.

(5)

Any other information that the Under Secretary determines is relevant to enhancing the committees’ understanding of the impacts of the required reductions in funding.

(b)

Form of report

The Comptroller General may report to the congressional defense committees, as required by subsection (a), either by providing a briefing or a written report.

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 structured the contract in such a way that provides the Secretary of the Air Force the required insight into all aspects of F117 system, subsystem, components, and subcomponents regarding historical usage rates, cost, price, expected and actual service-life, and supply chain management data sufficient to determine that the Secretary of the Air Force is paying a fair and reasonable price for F117 sustainment, maintenance, repair, and overhaul as compared to the PW2000 commercial-derivative engine sustainment price for sustainment, maintenance, repair, and 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 furlough of certain working-capital fund employees

Section 2208 of title 10, United States Code, is amended by adding at the end the following new subsection:

(s)

The Secretary of Defense, or the Secretary of the military department concerned, as appropriate, may not carry out a non-disciplinary furlough (as defined in section 7511(a)(5) of title 5) of a civilian employee of the Department of Defense whose performance is charged to a working-capital fund unless the Secretary—

(1)

determines that failure to furlough the employee will result in a violation of subsection (f); and

(2)

submits to Congress, by not later than 45 days before initiating a furlough, notice of the furlough that includes a certification that, as a result of the proposed furlough, none of the work performed by any employee of the Government will be shifted to any Department of Defense civilian employee, contractor, or member of the Armed Forces.

.

F

Other Matters

351.

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

(i)

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), by striking The Secretary concerned and inserting Notwithstanding any other provision of law, the Secretary concerned; and

(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

(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.

Sense of Congress on access to training ranges within United States Pacific Command area of responsibility

(a)

Findings

Congress makes the following findings:

(1)

Reliable access to military training ranges is an essential component of military readiness.

(2)

The training opportunities provided by military training ranges are critical to maintaining the technical and operational superiority of the Armed Forces.

(3)

The 2014 Quadrennial Defense Review states that the operational readiness of the Armed Forces hinges on unimpeded access to land, air, and sea training and test space.

(4)

The 2014 Quadrennial Defense Review states that United States forces in the Asia-Pacific region will resume regular bilateral and multilateral training exercises, pursue increased training opportunities to improve capabilities and capacity of partner nations, as well as support humanitarian, disaster relief, counterterrorism, and other operations that contribute to the stability of the region.

(5)

A number of critical military training ranges, including the Pohakuloa Training Center in Hawaii, are located within the United States Pacific Command area of responsibility providing units from all the military services, as well as allied and partner militaries with realistic joint and combined arms training opportunities.

(6)

Due to the tyranny of distance in the Asia-Pacific region, there are significant challenges in transporting equipment and personnel to the various military training ranges within the United States Pacific Command area of responsibility.

(7)

The Department of Defense continues a number of efforts aimed at preserving military training ranges, while also minimizing the environmental effects of training activities.

(8)

The Department of Defense has a variety of authorities that may be used to mitigate encroachment on military testing and training missions.

(b)

Sense of congress

In light of the findings specified in subsection (a), it is the sense of Congress that the Secretary of Defense should—

(1)

ensure that members of the Armed Forces continue to have reliable access to military training ranges;

(2)

optimize the use of multilateral, joint training facilities overseas in order to increase readiness and interoperability with allies and partners of the United States;

(3)

utilize a full range of assets, including both air- and sea-based assets, including inactive Joint High Speed Vessels, to improve accessibility to military training areas within the United States Pacific Command area of responsibility;

(4)

provide stable budget authority for long-term investments in range and test center infrastructure to lower the cost of access to the ranges and training centers;

(5)

take appropriate action to identify and leverage existing authorities and programs, as well as work with State and municipalities to leverage their authorities, to mitigate encroachment or other challenges that have the potential to impact future access or operations on military training ranges;

(6)

maximize the use of the United States Pacific Command training ranges, including Pohakuloa Training Center in Hawaii, by the military departments and increase the use of such training ranges for bilateral and multilateral exercises with regional allies and partners; and

(7)

take appropriate action to leverage existing authorities and programs, as well as work with local governments to leverage their authorities, to address any challenges that have the potential to impede future access to or operations on military training ranges.

353.

Management of conventional ammunition inventory

(a)

Consolidation of data

Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in conjunction with the Secretaries of the Army, Air Force, and Navy, shall issue Department-wide guidance and designate an authoritative database on conventional ammunition. Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall notify the congressional defense committees on what database has been designated under this subsection.

(b)

Annual report

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

354.

Agreements with local civic organizations to support conducting a military air show or open house

(a)

Agreements authorized

Chapter 155 of title 10, United States Code, is amended by adding at the end the following new section:

2616.

Military air show or open house: agreements with local civic organization; authority to charge nominal admission fee

(a)

Agreements authorized

The Secretary concerned may enter into a contract or agreement with a non-Federal civic organization to conduct or support an air show or open house to feature any unit, aircraft, vessel, equipment, or members of the armed forces under the jurisdiction of that Secretary.

(b)

Nominal fees authorized

The Secretary concerned may charge, or authorize a civic organization with which the Secretary has entered into a contract or agreement under subsection (a) to charge, the public a nominal admission fee (to be determined by the Secretary) to attend a military air show or open house.

(c)

Treatment of fees

Amounts collected as admission fees under subsection (b) for an air show or open house may be retained to cover costs associated with the air show or open house, including costs associated with parking for the air show or open house or the provision of temporary shuttle-bus service for air show or open house visitors. If costs are incurred and covered in advance of the collection of the fees, amounts collected shall be credited to the fund or account that was used to cover those costs. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. Any amounts so credited under this subsection shall be subject to the Appropriations process of the United States Congress.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2616. Military air show or open house: agreements with local civic organization; authority to charge nominal admission fee.

.

355.

Gifts made for the benefit of military musical units

Section 974(d)(1) of title 10, United States Code, is amended by striking The Secretary concerned may and inserting The Secretary concerned shall.

IV

Military Personnel Authorizations

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, 311,220.

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

A

Officer Personnel Policy Generally

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 States 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.

.

502.

Relief from limits on percentage of officers who may be recommended for discharge during a fiscal year using enhanced authority for selective early discharges

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.

503.

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.

504.

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.

.

505.

Limitation on number of enlisted aides authorized for officers of the Army, Navy, Air Force, and Marine Corps

(a)

Modification of current limitation

Section 981 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking the sum of (1) and all that follows through the period at end of the subsection and inserting the following:

the sum of—

(1)

two times the number of officers serving on active duty at the end of the preceding fiscal year in the grade of general or admiral; and

(2)

the number of officers serving on active duty at the end of the preceding fiscal year in the grade of lieutenant general or vice admiral.

; and

(2)

in subsection (b), by striking Not more than 300 enlisted members and inserting Not more than the lesser of 300 enlisted members or the number of enlisted members determined for a fiscal year under subsection (a).

(b)

Annual report

Such section is further 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 specifying—

(1)

the total number of enlisted members assigned to duty at any time during the previous fiscal year as enlisted aides for officers of the Army, Navy, Air Force, and Marine Corps; and

(2)

the number of authorized enlisted aides by each general officer and flag officer position during the previous fiscal year.

.

506.

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.

507.

Deferred retirement of chaplains

Section 1253 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

Deferred Retirement of Chaplains

(1)

The Secretary of the military department concerned may, subject to paragraphs (2) and (3), defer the retirement under subsection (a) of an officer who is appointed or designated as a chaplain if the Secretary determines that such deferral is in the best interest of the military department concerned.

(2)

Except as provided in paragraph (3), a deferment under this subsection may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.

(3)

The Secretary of the military department concerned may extend a deferment under this subsection beyond the day referred to in paragraph (2) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a case-by-case basis and shall be for such period as the Secretary considers appropriate.

.

508.

Compliance with efficiencies directive

By not later than December 31, 2015, the Secretary of Defense shall ensure that the number of flag officers and generals are reduced to comply with the Department of Defense efficiencies directive dated March 14, 2011.

B

Reserve Component Personnel 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;

(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.

Chief of the National Guard Bureau role in assignment of Directors and Deputy Directors of the Army and Air National Guards

(a)

Recommendation by 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 striking selected by the Secretary of the Army and inserting recommended by the Chief of the National Guard Bureau, in consultation with the Secretary of the Army,; and

(2)

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

(b)

Assistance to Chief of the National Guard Bureau

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)

Condition on assignment and conforming amendments

Paragraph (3) of such section is amended—

(1)

in subparagraph (A), by striking The President and inserting Consistent with paragraph (1), the President;

(2)

in subparagraph (B), by striking the Secretary of the military department concerned and inserting the Chief of the National Guard Bureau as provided in paragraph (1);

(3)

by striking subparagraph (D); and

(4)

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

513.

National Guard civil and defense support activities and related matters

(a)

Operational use of the national guard

(1)

In general

Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:

116.

Operational use of the National Guard

(a)

In general

This section authorizes the operational use of the National Guard and recognizes that the basic premise of both the National Incident Management System and the National Response Framework is that—

(1)

incidents are typically managed at the local level first; and

(2)

local jurisdictions retain command, control, and authority over response activities for their jurisdictional areas.

(b)

Assistance to Civilian Firefighting Organizations

(1)

Assistance authorized

Members and units of the National Guard shall be authorized to support firefighting operations, missions, or activities, including aerial firefighting employment of the Modular Airborne Firefighting System (MAFFS), undertaken in support of a civilian authority or a State or Federal agency.

(2)

Role of governor and state adjutant general

For the purposes of paragraph (1)—

(A)

the Governor of a State shall be the principal civilian authority; and

(B)

the adjutant general of the State shall be the principal military authority, when acting in his or her State capacity, and has the primary authority to mobilize members and units of the National Guard of the State in any duty status under this title the adjutant general deems appropriate to employ necessary forces when funds to perform such operations, missions, or activities are reimbursed.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

116. Operational use of the National Guard.

.

(b)

Active Guard and Reserve (AGR) support

Section 328(b) of title 32, United States Code, is amended—

(1)

by inserting duty as specified in section 116(b) of this title or may perform after subsection (a) may perform; and

(2)

by inserting (A) and (B) after specified in section 502(f)(2).

(c)

Federal technicians support

Section 709(a)(3) of title 32, United States Code, is amended by inserting duty as specified in section 116(b) of this title or after (3) the performance of.

514.

Electronic tracking of certain reserve duty

The Secretary of Defense shall establish an electronic means by which members of the Ready Reserve of the Armed Forces can track their operational active-duty service performed after January 28, 2008, under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code. The tour calculator shall specify early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date under section 12731(f) of such title.

515.

National Guard Cyber Protection Teams

(a)

Progress report

Not later than 90 days after the date of the enactment of this Act, the Chief of the National Guard Bureau shall submit to the congressional defense committees a report on the progress made by the Army National Guard to establish 10 Cyber Protection Teams composed of members of the National Guard to perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A timeframe of when stationing of the Cyber Protection Teams will be finalized.

(2)

A timeframe of activation of the Cyber Protection Teams and whether the teams will be activated at the same time or staggered over time.

(3)

A description of what manning and basing requirements have been established.

(4)

The number and location of nominations received for a Cyber Protection Team and the activation date estimate provided in each nomination.

(5)

An assessment of the range of stated cost projections included in the nominations.

(6)

An assessment of any identified patterns regarding ease or difficulty of staffing individuals with required credentials within particular regions.

(7)

Any additional information deemed relevant by the Chief of the National Guard Bureau.

(c)

Form of report

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

C

General Service Authorities

521.

Procedures for judicial review of military personnel decisions relating to correction of military records

(a)

Availability of judicial review; limitations

(1)

In general

Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section:

1560.

Judicial review of decisions relating to correction of military records

(a)

Availability of judicial review

(1)

In general

Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5, any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.

(2)

Records correction final decision defined

In this section, the term records correction final decision means any of the following decisions:

(A)

A final decision issued by the Secretary concerned pursuant to section 1552 of this title.

(B)

A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title.

(C)

A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title.

(D)

A final decision issued by the Secretary concerned pursuant to section 1554a of this title.

(b)

Exhaustion of administrative remedies

(1)

General rule

Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—

(A)

the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and

(B)

the Secretary concerned has rendered a final decision denying that correction in whole or in part.

(2)

Whistleblower cases

When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs:

(A)

The Secretary of Defense makes a decision in the matter.

(B)

The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires.

(3)

Class actions

If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.

(4)

Timeliness

Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.

(c)

Statutes of limitation

(1)

Six years from final decision

A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.

(2)

Six years for certain claims that may result in payment of money

(A)

In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.

(B)

Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under—

(i)

chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or

(ii)

chapter 73 of this title.

(d)

Habeas corpus

This section does not affect any cause of action arising under chapter 153 of title 28.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

1560. Judicial review of decisions.

.

(b)

Effect of denial of request for correction of records when prohibited personnel action alleged

(1)

Notice of denial; procedures for judicial review

Subsection (g) of section 1034 of such title is amended by adding at the end the following new paragraph:

(7)

In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—

(A)

a concise written statement of the basis for the decision; and

(B)

a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

.

(2)

Secretary of defense review; notice of denial

Subsection (h) of such section is amended—

(A)

by inserting (1) before Upon the completion of all; and

(B)

by adding at the end the following new paragraph:

(2)

The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—

(A)

a concise written statement of the basis for the decision; and

(B)

a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

.

(3)

Sole basis for judicial review

Such section is further amended—

(A)

by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and

(B)

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

(i)

Judicial review

(1)

A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title.

(2)

In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.

(3)

A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.

.

(c)

Effect of denial of other requests for correction of military records

Section 1552 of such title is amended by adding at the end the following new subsections:

(h)

In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—

(1)

a concise written statement of the basis for the decision; and

(2)

a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

(i)

A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.

.

(d)

Judicial review of corrections recommended by the physical disability board of review

Section 1554a of such title is amended—

(1)

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

(2)

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

(f)

Record of decision and notification

In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member—

(1)

a concise written statement of the basis for the decision; and

(2)

a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

(g)

Judicial review

A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.

.

(e)

Effective date and application

(1)

In general

The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552, or 1554a of such title rendered on or after such date.

(2)

Treatment of existing cases

This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1).

(f)

Implementation

The Secretary of the military department concerned and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense.

522.

Additional required elements of Transition Assistance Program

(a)

Information on educational assistance and other available benefits

Section 1144 of title 10, United States Code, is amended—

(1)

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

(2)

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

(c)

Additional elements of program

The mandatory program carried out by this section also shall include the following:

(1)

For any such member who plans to use the member’s entitlement to educational assistance under title 38—

(A)

instruction providing an overview of the use of such entitlement; and

(B)

courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary education.

(2)

Instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined to be appropriate by the Secretary concerned.

.

(b)

Deadline for implementation

The program carried out under section 1144 of title 10, United States Code, shall comply with the requirements of subsection (c) of such section, as added by subsection (a), by not later than April 1, 2016.

523.

Extension of authority to conduct career flexibility programs

(a)

Duration 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), as amended by section 531(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1403) and redesignated by section 522(a)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1722), is amended by striking December 31, 2015 and inserting December 31, 2019.

(b)

Conforming amendments to reporting requirements

Subsection (k) of section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, as amended by section 531(c) of the National Defense Authorization Act for Fiscal Year 2012, is amended—

(1)

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

(2)

in paragraph (2), by striking March 1, 2019 and inserting March 1, 2020.

524.

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 Department of Defense Directive 6025.18 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.

525.

Protection of the religious freedom of military chaplains to close a prayer outside of a religious service according to the traditions, expressions, and religious exercises of the endorsing faith group

(a)

United states army

Section 3547 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(b)

United states military academy

Section 4337 of such title is amended—

(1)

by inserting (a) before There; and

(2)

by adding at the end the following new subsection:

(b)

If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(c)

United states navy and marine corps

Section 6031 of such title is amended by adding at the end the following new subsection:

(d)

If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(d)

United states air force

Section 8547 of such title is amended by adding at the end the following new subsection:

(c)

If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

(e)

United states air force academy

Section 9337 of such title is amended—

(1)

by inserting (a) before There; and

(2)

by adding at the end the following new subsection:

(b)

If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.

.

526.

Department of Defense Senior Advisor on Professionalism

(a)

Initial congressional oversight

In the development of the roles, responsibilities, and goals of the Department of Defense Senior Advisor on Professionalism to strengthen professionalism programs in the Department of Defense, the Secretary of Defense shall communicate with the Committees on Armed Services of the Senate and the House of Representatives regarding the mission, goals, and metrics for the Senior Advisor on Professionalism.

(b)

Initial review by Senior Advisor on Professionalism

Upon appointment of the Senior Advisor on Professionalism, the Senior Advisor on Professionalism shall—

(1)

conduct a preliminary review of the effectiveness of current programs and controls of the Department of Defense and the military departments regarding professionalism; and

(2)

submit, not later than September 1, 2015, to the Committees on Armed Services of the Senate and the House of Representatives recommendations to strengthen professionalism programs in the Department of Defense.

527.

Removal of artificial barriers to the service of women in the Armed Forces

(a)

Validation and oversight of gender-neutral occupational standards

(1)

Validation; purpose

The Secretary of Defense shall direct the Secretary of each military department to validate the gender-neutral occupational standards used by the Armed Forces under the jurisdiction of that Secretary for the purpose of ensuring that the standards—

(A)

are consistent with 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), which requires gender-neutral occupational standards, requiring performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed;

(B)

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

(C)

are applied equitably to measure individual capabilities.

(2)

Role of independent research entity

To comply with paragraph (1), the Secretaries of the military departments shall work with an independent research entity identified by the Secretaries.

(b)

Infantry Training Courses

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall provide the Committees on Armed Services of the Senate and the House of Representatives with a briefing on the Marine Corps research involving female members of the Marine Corps who volunteer for the Infantry Officers Course (IOC), the enlisted infantry training course (ITB), and the Ground Combat Element Experimental Task-Force (GCEXTF) for the purpose of—

(1)

determining what metrics the Marine Corps used to develop the research requirements and elements for the Marine Corps Expanded Entry-Level Training Research;

(2)

indicating what is being evaluated during these research studies, along with how long both research studies will last; and

(3)

identifying how data gathered during the research studies will be used to open infantry and other closed occupations.

(c)

Female personal protection gear

The Secretary of Defense shall direct each Secretary of a military department to take immediate steps to ensure that properly designed and fitted combat equipment is available and distributed to female members of the Armed Forces under the jurisdiction of that Secretary.

(d)

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 by an additional 20 percent.

(3)

Submission of results

Not later than April 1, 2015, the Comptroller General shall submit to Congress a report containing the results of the review under this subsection.

528.

Revised regulations for religious freedom

(a)

Revision of Department of Defense Instruction 1300.17

(1)

Revision required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue a revised instruction to replace Department of Defense Instruction 1300.17.

(2)

Purpose

The revision of Department of Defense Instruction 1300.17 shall address the Congressional intent and content of section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note), as amended by section 532 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 759), to ensure that verbal and written expressions of an individual’s religious beliefs are protected by the Department of Defense as an essential part of a the free exercise of religion by a member of the Armed Forces.

(b)

Revision of Air Force Instruction 1–1

(1)

Revision required

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall issue a revised instruction to replace Air Force Instruction 1–1.

(2)

Purpose

The revision of Air Force Instruction 1–1 shall reflect the protections for religious expressions contained in—

(A)

section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note), as amended by section 532 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 759); and

(B)

the revised Department of Defense instruction referenced in subsection (a) if revision of that instruction is completed before the revision of Air Force Instruction 1–1.

(3)

Termination

If, before the date of the enactment of this Act, the Secretary of the Air Force issues a revised instruction to replace Air Force Instruction 1–1 and such revision is consistent with the purpose specified in paragraph (2), the requirement imposed by paragraph (1) shall no longer apply.

529.

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.

.

530.

Preliminary mental health assessments

(a)

In general

Chapter 31 of title 10, United States Code, is amended by adding at the end the following new section:

520d.

Preliminary mental health assessments

(a)

Provision of mental health assessment

Before any individual enlists in an armed force or is commissioned as an officer in an armed force, the Secretary concerned shall provide the individual with a mental health assessment. The Secretary shall use such results as a baseline for any subsequent mental health examinations, including such examinations provided under sections 1074f and 1074m of this title.

(b)

Use of assessment

The Secretary may not consider the results of a mental health assessment conducted under subsection (a) in determining the assignment or promotion of a member of the Armed Forces.

(c)

Application of privacy laws

With respect to applicable laws and regulations relating to the privacy of information, the Secretary shall treat a mental health assessment conducted under subsection (a) in the same manner as the medical records of a member of the armed forces.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding after the item relating to section 520c the following new item:

520d. Preliminary mental health assessments.

.

(c)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the National Institute of Mental Health of the National Institutes of Health shall submit to Congress and the Secretary of Defense a report on preliminary mental health assessments of members of the Armed Forces.

(2)

Matters included

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

(A)

Recommendations with respect to establishing a preliminary mental health assessment of members of the Armed Forces to bring mental health screenings to parity with physical screenings of members.

(B)

Recommendations with respect to the composition of the mental health assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions.

(3)

Coordination

The National Institute of Mental Health shall carry out paragraph (1) in coordination with the Secretary of Veterans Affairs, the Director of the Centers for Disease Control and Prevention, the surgeons general of the military departments, and other relevant experts.

530A.

Availability of additional leave for members of the Armed Forces in connection with the birth of a child

Section 701(j) of title 10, United States Code, is amended—

(1)

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

(2)

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

(1)

Under regulations prescribed by the Secretary concerned, a member of the armed forces who gives birth to a child shall receive 42 days of convalescent leave to be used in connection with the birth of the child. At the discretion of the member, the member shall be allowed up to 42 additional days in a leave of absence status in connection with the birth of the child upon the expiration of the convalescent leave, except that—

(A)

a member who uses this additional leave is not entitled to basic pay for any day on which such additional leave is used, but shall be considered to be on active duty for all other purposes; and

(B)

the commanding officer of the member may recall the member to duty from such leave of absence status when necessary to maintain unit readiness.

; and

(3)

in paragraph (3), as redesignated, by striking paragraph (1) and inserting paragraphs (1) and (2).

D

Military Justice, Including Sexual Assault and Domestic Violence Prevention and Response

531.

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 by striking paragraph (1).

532.

Additional duty for judicial proceedings panel regarding use of mental health records by defense during preliminary hearing and court-martial proceedings

(a)

Review required

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 conduct a review and assessment of—

(1)

the impact of the use of mental health records by the defense during the preliminary hearing conducted under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), and during court-martial proceedings; and

(2)

the use of mental health records in civilian criminal legal proceedings in order to identify any significant discrepancies between the two legal systems.

(b)

Submission of results

The judicial proceedings panel shall include the results of the review and assessment in one of the reports required by section 576(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2013.

533.

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

The Secretary of the military department concerned and, in the case of the 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, apply to the United States Military Academy, the Naval Academy, the Air Force Academy, and the Coast Guard Academy.

534.

Consultation with victims of sexual assault regarding victims’ preference for prosecution of offense by court-martial or civilian court

(a)

Legal consultation between Special Victims’ Counsel and victim of sexual assault

Subsection (b) of section 1044e of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and

(2)

by inserting after paragraph (5) the following new paragraph (6):

(6)

Legal consultation regarding the advantages and disadvantages of prosecution of the alleged sex-related offense by court-martial or by a civilian court with jurisdiction over the offense before the victim expresses a preference as to the prosecution authority pursuant to the process required by subsection (e)(3).

.

(b)

Process to discern victim preference

Subsection (e) of such section is amended by adding at the end the following new paragraph:

(3)

The Secretary concerned shall establish a process to ensure consultation with a victim of an alleged sex-related offense that occurs in the United States to discern the victim's preference regarding prosecution authority, regardless of whether the report of that offense is restricted or unrestricted.

.

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. The Court of Criminal Appeals may issue the writ on the order of a single judge and shall take up and decide the petition within 72 hours after the petition has been filed.

(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.

(3)

Court-martial proceedings may not be stayed or subject to a continuance of more than five days for purposes of enforcing this subsection. If the Court of Criminal Appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.

.

536.

Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces

(a)

Mandatory Punishments

Section 856(b)(1) of title 10, United States Code (article 56(b)(1) of the Uniform Code of Military Justice) is amended by striking at a minimum and all that follows through the period at the end of the paragraph and inserting the following:

at a minimum except as provided for in section 860 of this title (article 60)—

(A)

dismissal or dishonorable discharge; and

(B)

confinement for two years.

.

(b)

Effective date

Subparagraph (B) of paragraph (1) of section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice), as added by subsection (a), shall apply to offenses specified in paragraph (2) of such section committed on or after the date that is 180 days after the date of the enactment of this Act.

537.

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

(a)

Modification generally

The Secretary of Defense shall modify the Military Rules of Evidence to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused, except when evidence of a trait of the military character of an accused is relevant to an element of an offense for which the accused has been charged.

(b)

Revision of Rule 404(a) by Operation of Law

Effective on and after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence does not authorize the admissibility of evidence regarding the good military character of an accused in the findings phase of courts-martial, except in the instance of the following military-specific offenses:

(1)

Article 84 effecting unlawful enlistment, appointment, separation.

(2)

Article 85 desertion.

(3)

Article 86 absent without leave.

(4)

Article 87 missing movement.

(5)

Article 88 contempt towards officials.

(6)

Article 89 disrespect toward superior commissioned officer.

(7)

Article 90 assaulting, willfully disobeying superior commissioned officer.

(8)

Article 91 insubordinate conduct toward warrant, noncommissioned, petty officer.

(9)

Article 92 failure to obey order or regulation.

(10)

Article 93 cruelty and maltreatment of subordinates.

(11)

Article 94 mutiny and sedition.

(12)

Article 95 resisting apprehension, flight, breach of arrest, escape.

(13)

Article 96 releasing a prisoner without proper authority.

(14)

Article 97 unlawful detention.

(15)

Article 98 noncompliance with procedural rules.

(16)

Article 99 misbehavior before enemy.

(17)

Article 100 subordinate compelling surrender.

(18)

Article 101 improper use of countersign.

(19)

Article 102 forcing safeguard.

(20)

Article 103 captured, abandoned property.

(21)

Article 104 aiding the enemy.

(22)

Article 105 misconduct as prisoner.

(23)

Article 106a espionage.

(24)

Article 107 false official statements.

(25)

Article 108 loss, damage, destruction, disposition of military property.

(26)

Article 109 loss, damage, destruction, disposition of property other than military property of the United States.

(27)

Article 110 improper hazarding of vessel.

(28)

Article 111 drunk or reckless operation of vehicle, aircraft, or vessel.

(29)

Article 112 wrongful use, possession, manufacture or introduction of controlled substance.

(30)

Article 113 misbehavior of sentinel or lookout.

(31)

Article 114 dueling.

(32)

Article 115 malingering.

(33)

Article 116 riot.

(34)

Article 117 provoking, speech, gestures.

(35)

Article 133 conduct unbecoming an officer.

(36)

Article 134 general article of the Uniform Code of Military Justice.

(37)

Attempts, conspiracy, or solicitation to commit such offenses.

538.

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

(a)

Confidential appeal process through boards for correction of military records

The Secretaries of the military departments shall each establish a confidential process by which an individual who was the victim of a sex-related offense during service in the Armed Forces may appeal, through boards for the correction of military records of the military department concerned, 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 an individual's discharge or separation pursuant to the process required by subsection (a), the Secretary of the military department concerned shall instruct boards for the correction of military records to give due consideration to—

(1)

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

(2)

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 title 10, United States Code (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 title 10, United States Code (article 80 of the Uniform Code of Military Justice).

539.

Consistent application of rules of privilege afforded under the Military Rules of Evidence

(a)

Elimination of exception to psychotherapist-patient privilege

Effective on and after the date of the enactment of this Act, the exception granted by subparagraph (d)(8) of Military Rule of Evidence 513 to the privilege afforded to the patient of a psychotherapist to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the patient and a psychotherapist or an assistant to the psychotherapist in a case arising under the Uniform Code of Military Justice shall be deemed to no longer apply or exist as a matter of law.

(b)

Conforming amendment required

As soon as practicable after the date of the enactment of this Act, the Joint Service Committee on Military Justice of the Department of Defense shall amend Military Rule of Evidence 513 to reflect the elimination of the exception referred to in subsection (a) pursuant to such subsection.

540.

Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings

Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:

(f)

Return of personal property upon completion of related proceedings

Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident.

.

540A.

Establishment of phone service for prompt reporting of hazing involving a member of the Armed Forces

(a)

Establishment required

The Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) shall develop and implement a phone service through which an individual can anonymously call to report incidents of hazing in that branch of the Armed Forces.

(b)

Hazing described

For purposes of carrying out this section, the Secretary of Defense (and the Secretary of the Department in which the Coast Guard operates) shall use the definition of hazing contained in the August 28, 1997, Secretary of Defense Policy Memorandum, which defined hazing as any conduct whereby a member of the Armed Forces, regardless of branch or rank, without proper authority causes another member to suffer, or be exposed to, any activity which is cruel, abusive, humiliating, oppressive, demeaning, or harmful. Soliciting or coercing another person to perpetrate any such activity is also considered hazing. Hazing need not involve physical contact among or between members of the Armed Forces. Hazing can be verbal or psychological in nature. Actual or implied consent to acts of hazing does not eliminate the culpability of the perpetrator.

E

Military Family Readiness

545.

Earlier determination of dependent status with respect to transitional compensation for dependents of 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).

546.

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

(a)

Policy for standard suicide data collection, reporting, and assessment

The Secretary of Defense shall prescribe a policy for the development of a standard method for collecting, reporting, and assessing suicide data and suicide-attempt data involving members of the Armed Forces, including reserve components thereof, and their dependents in order to improve the consistency and comprehensiveness of—

(1)

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

(2)

the suicide prevention and resilience program for the National Guard and Reserves established pursuant to section 10219 of title 10, United States Code.

(b)

Submission of policy and congressional briefing

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. At the request of the committees, the Secretary also shall brief such committees on the policy and the implementation status of the standardized suicide data collection, reporting and assessment method.

(c)

Consultation and Implementation

In the case of the suicide prevention and resilience program for the National Guard and Reserves—

(1)

the Secretary of Defense shall develop the policy required by subsection (a) in consultation with the Chief of the National Guard Bureau; and

(2)

the adjutants general of the States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands shall implement the policy within 180 days after the date of the submission of the policy under subsection (b).

(d)

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.

547.

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)

Restriction on temporary custody order

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, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b).

(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:

208. Child custody protection.

.

548.

Role of military spouse employment programs in addressing unemployment and underemployment of spouses of members of the Armed Forces and closing the wage gap between military spouses and their civilian counterparts

(a)

Findings

Congress makes the following findings:

(1)

Members of the Armed Forces and their families make enormous sacrifices in defense of the United States.

(2)

Military spouses face a unique lifestyle marked by frequent moves, increased family responsibility during deployments, and limited career opportunities in certain geographic locations.

(3)

These circumstances present significant challenges to military spouses who desire to build a portable career commensurate with their skills, including education and experience.

(4)

According to a recent Department of Defense survey, the unemployment rate for civilians married to a military member is 25 percent, but the unemployment rate is 33 percent for spouses of junior enlisted members. The same survey revealed that 85 percent of military spouses want or need to work.

(5)

A recent Military Officers Association of American (MOAA)/Institute for Veterans and Military Families’ (IVMF) Military Spouse Employment Report revealed that an overwhelming ninety percent of female military spouses are underemployed.

(6)

The Department of Defense has demonstrated its commitment to helping military spouses obtain employment by creating the Military Spouse Employment Partnership (MSEP), the Military Spouse Career Center, and the Military Spouse Career Advancement Accounts (MyCAA). More than 61,000 military spouses have been hired as part of the Military Spouse Employment Partnership (MSEP) since the MSEP launch in June 2011.

(b)

Sense of congress

It is the sense of Congress that—

(1)

the Secretary of Defense should continue to work to reduce the unemployment and underemployment of spouses of members of the Armed Forces (in this section referred to as military spouses) and support closing the wage gap between military spouses and their civilian counterparts;

(2)

in this process, the Secretary should prioritize efforts that assist military spouses in pursuing portable careers that match their skill set, including education and experience; and

(3)

in evaluating the effectiveness of military spouse employment programs, the Secretary should collect information that provides a comprehensive assessment of the program, including whether program goals are being achieved.

(c)

Data collection related to efforts to address underemployment of military spouses

(1)

Data collection required

In addition to monitoring the number of military spouses who obtain employment through military spouse employment programs, the Secretary of Defense shall collect data to evaluate the effectiveness of military spouse employment programs in addressing the underemployment of military spouses and in closing the wage gap between military spouses and their civilian counterparts. Information collected shall include whether positions obtained by military spouses through military spouse employment programs match their education and experience.

(2)

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 in reducing military spouse unemployment, reducing the wage gap between military spouses and their civilian counterparts, and addressing the underemployment of military spouses.

(d)

Military spouse employment programs defined

In this section, the term military spouse employment programs means the Military Spouse Employment Partnership (MSEP).

F

Education and Training Opportunities

551.

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.

552.

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

(a)

Program required

The Secretary of Defense shall 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 shall 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

The program required by this subsection shall be managed by an 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

The Secretary of Defense, in consultation with the program manager shall establish the eligibility requirements to be used by the program manager for the selection of civilian employment staffing agencies to participate in the program. In establishing the eligibility requirements to be used by the program manager 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, the program manager 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 program manager. 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)

Limitation on total program obligations

The total amount obligated by the Secretary of Defense for the program may not exceed $35,000,000 during a fiscal year.

(h)

Reporting requirements

(1)

Report Required

Not later than January 15, 2019, the Secretary of Defense 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).

(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.

553.

Direct employment pilot program for members of the National Guard and Reserve

(a)

Program authority

The Secretary of Defense may carry out a pilot program to enhance 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.

(b)

Administration

The pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code.

(c)

Cost-sharing requirement

As a condition on the provision of funds under this section to a State to support the operation of the pilot program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 30 percent of the funds provided by the Secretary of Defense under this section.

(d)

Direct Employment Program Model

The pilot program should follow a job placement program model that focuses on working one-on-one with a member of a reserve component to cost-effectively provide job placement services, including services such as identifying unemployed and under employed members, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the pilot program should be informed by State direct employment programs for members of the reserve components, such as the programs conducted in California and South Carolina.

(e)

Evaluation

The Secretary of Defense shall develop outcome measurements to evaluate the success of the pilot program.

(f)

Reporting requirements

(1)

Report Required

Not later than March 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report describing the results of the pilot program. The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau.

(2)

Elements of Report

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

(A)

A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components hired and the cost-per-placement of participating members.

(B)

An assessment of the impact of the pilot program and increased reserve component employment levels on the readiness of members of the reserve components.

(C)

A comparison of the pilot program to other programs conducted by the Department of Defense and Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components.

(D)

Any other matters considered appropriate by the Secretary.

(g)

Limitation on total fiscal-year obligations

The total amount obligated by the Secretary of Defense to carry out the pilot program for any fiscal year may not exceed $20,000,000.

(h)

Duration of Authority

(1)

In general

The authority to carry out the pilot program expires September 30, 2018.

(2)

Extension

Upon the expiration of the authority under paragraph (1), the Secretary of Defense may extend the pilot program for not more than two additional fiscal years.

554.

Enhancement of authority to accept support for United States 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)

Limitation

The Secretary shall ensure that contributions accepted under this subsection do not 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 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)

Support received from the corporation

In accordance with section 2667 of this title, the Secretary of the Air Force may 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 to the corporation

The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this section, the term support services includes the providing of 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 Academy athletic programs.

(h)

Trademarks and service marks

(1)

Licensing, marketing, and sponsorship agreements

Consistent with section 2260 (other than subsection (d)) of this title, an agreement under subsection (g) may 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 such licensing, marketing, or sponsorship agreement may be entered into if it 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 if 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.

.

555.

Report on tuition assistance

(a)

In general

The Secretary of the Army shall, not later than 90 days after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the requirement of the Army, effective January 1, 2014, that members of the Army may become eligible for the Army’s tuition assistance program only after serving a period of 1 year after completing certain training courses, such as advance individual training, officer candidate school, and the basic officer leader course.

(b)

Contents

The report under subsection (a) shall include the Secretary’s—

(1)

evaluation of the potential savings in costs resulting from requiring all service members to wait a period of 1 year after training described in subsection (a) before becoming eligible for the Army’s tuition assistance program;

(2)

evaluation of the impact that the 1-year waiting period described in subsection (a) will have on recruitment for the National Guard; and

(3)

explanation of the extent to which the qualities of the National Guard, including the role of college students and college-bound students in the National Guard, were considered before reaching the decision to require all service members to wait a period of 1 year before becoming eligible for the Army’s tuition assistance program.

G

Defense Dependents’ Education

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.

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.

563.

Expansion of functions of the Advisory Council on Dependents’ Education to include domestic dependent elementary and secondary schools

(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.

564.

Support for efforts to improve academic achievement and transition of military dependent students

The Secretary of Defense may make grants to nonprofit organizations that provide services to improve the academic achievement of military dependent students, including those nonprofit organizations whose programs focus on improving the civic responsibility of military dependent students and their understanding of the Federal Government through direct exposure to the operations of the Federal Government.

565.

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 striking 2-year and inserting 5-year; and

(B)

by inserting before the period at the end the following, , except that amendment made by subsection (b) to subparagraph (B) of section 8002(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(3)(B)) shall be effective for a 2-year period beginning on the date of enactment of this Act; and

(2)

in paragraph (4)—

(A)

by striking The amendments and inserting the following:

(A)

In general

The amendments

;

(B)

by inserting and subparagraph (B) of this paragraph after subsection (b);

(C)

by striking 2-year and inserting 5-year;

(D)

by inserting and such subparagraph after such subsection each place it appears; and

(E)

by adding at the end the following:

(B)

Special rule

For the period beginning January 3, 2015, and ending January 2, 2017, subparagraph (B) of section 8002(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(3)(B)) is amended to read as follows:

(B)

Special rule

In the case of Federal property eligible under this section that is within the boundaries of two or more local educational agencies that are eligible under this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by—

(i)

first calculating the per-acre value of the eligible Federal property separately for each eligible local educational agency that shares the Federal property, as provided in subparagraph (A)(ii);

(ii)

then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and

(iii)

then applying the average per-acre value to determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency.

.

.

H

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 inspired or motivated 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 inspired or motivated 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

A member described in this subsection is a member on active duty who was killed or wounded in an attack inspired or motivated 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.

(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 inspired or motivated by foreign terrorist organizations.

.

(2)

Retroactive effective date and application

(A)

Effective date

The amendments made by paragraph (1) shall take effect as of September 11, 2001.

(B)

Review of certain previous incidents

The Secretaries concerned shall undertake a review of each death or wounding of a member of the Armed Forces that occurred between September 11, 2001, and the date of the enactment of this Act under circumstances that could qualify as being the result of an attack described in section 1129a of title 10, United States Code (as added by paragraph (1)), to determine whether the death or wounding qualifies as a death or wounding resulting an attack inspired or motivated 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 inspired or motivated 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 inspired or motivated 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.

Retroactive award of Army Combat Action Badge

(a)

Authority To award

The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600–05–1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.

(b)

Procurement of badge

The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.

573.

Report on Navy review, findings, and actions pertaining to Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the Navy review, findings, and actions pertaining to the Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta. The report shall account for all evidence submitted with regard to the case.

574.

Recognition of Wereth massacre of 11 African-American soldiers of the United States Army during the Battle of the Bulge

Congress officially recognizes the dedicated service and ultimate sacrifice on behalf of the United States of the 11 African-American soldiers of the 333rd Field Artillery Battalion of the United States Army who were massacred in Wereth, Belgium, during the Battle of the Bulge on December 17, 1944.

575.

Report on Army review, findings, and actions pertaining to Medal of Honor nomination of Captain William L. Albracht

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Army shall—

(1)

conduct a review of the initial review, findings, and actions undertaken by the Army in connection with the Medal of Honor nomination of Captain William L. Albracht; and

(2)

submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the results of the review required by this section, including an accounting of all evidence submitted with regard to the nomination.

I

Miscellaneous Reporting Requirements

581.

Secretary of Defense 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 direct 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 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 90 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).

582.

Inspector General of the Department of Defense review of separation of members of the Armed Forces who made unrestricted reports of sexual assault

(a)

Review required

The Inspector General of the Department of Defense shall conduct a review—

(1)

to identify all members of the Armed Forces who, since January 1, 2002, were separated from the Armed Forces after making an unrestricted report of sexual assault;

(2)

to determine the circumstances of and grounds for each such separation, including—

(A)

whether the separation was in retaliation for or influenced by the identified member making an unrestricted report of sexual assault; and

(B)

whether the identified member requested an appeal; and

(3)

if an identified member was separated on the grounds of having a personality or adjustment disorder, to determine whether the separation was carried out in compliance with Department of Defense Instruction 1332.14 and any other applicable Department of Defense regulations, directives, and policies.

(b)

Submission of results and recommendations

Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the results of the review conducted under subsection (a), including such recommendations as the Inspector General of the Department of Defense considers necessary.

583.

Comptroller General report regarding management of personnel records of members of the National Guard

(a)

Report required

Not later than April 1, 2015, 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 regarding the management of personnel records of members of the National Guard.

(b)

Elements of report

In preparing the report under subsection (a), the Comptroller General shall consider, at a minimum, the following:

(1)

The appropriate Federal role and responsibility in the management of the records of National Guard members.

(2)

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

(3)

The extent to which those States and Federal agencies have entered into agreements to share the digitized records.

(4)

The extent to which Federal agencies face any constraints in their ability to effectively manage National Guard records.

584.

Study on gender integration in defense operation planning and execution

(a)

Study required

Not later than 30 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall conduct a study concerning the integration of gender into the planning and execution of foreign operations of the Armed Forces at all levels.

(b)

Elements of study

In conducting the study under subsection (a), the Chairman of the Joint Chiefs of Staff shall—

(1)

identify those elements of defense doctrine, if any, that should be revised to address attention to women and gender;

(2)

evaluate the need for a gender advisor training program, including the length of training, proposed curriculum, and location of training;

(3)

determine how to best equip military leadership to integrate attention to women and gender across all lines of effort;

(4)

determine the extent to which personnel qualified to advise on women and gender are available within the Department of Defense, including development of a billet description for gender advisors; and

(5)

evaluate where to assign gender advisors within operational commands from the strategic to tactical levels, with particular attention paid to assigning advisors to combatant commanders and service chiefs.

(c)

Submission of results

Not later than 270 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a). The report 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 June 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.

Comptroller General and military department reports on hazing in the Armed Forces

(a)

Comptroller general report

(1)

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, including reserve components, officer candidate schools, military service academies, military academy preparatory schools, and basic training and professional schools for enlisted members.

(2)

Elements

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

(A)

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

(B)

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

(C)

An assessment of the following:

(i)

The scope of hazing in each Armed Force.

(ii)

The policies in place and the training on hazing provided to members throughout the course of their careers for each Armed Force.

(iii)

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.

(iv)

The actions taken to mitigate hazing incidents in each Armed Force.

(v)

The effectiveness of the training and policies in place regarding hazing.

(vi)

The number of alleged and substantiated incidents of hazing over the last five years for each Armed Force, the nature of these cases and actions taken to address such matters through non-judicial and judicial action.

(D)

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

(E)

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.

(3)

Designated congressional committees defined

In this subsection, the term designated congressional committees means—

(A)

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

(B)

the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Transportation and Infrastructure of the House of Representatives.

(b)

Military department reports

(1)

Reports required

Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an update to the hazing reports required by section 534 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1726).

(2)

Elements

Each report on an Armed Force required by paragraph (1) shall include the following:

(A)

A discussion of the policies of the Armed Force for preventing and responding to incidents of hazing, including discussion of any changes or newly implemented policies since the submission of the reports required by section 534 of the National Defense Authorization Act for Fiscal Year 2013.

(B)

A description of the methods implemented to track and report, including report anonymously, incidents of hazing in the Armed Force.

(C)

An assessment by the Secretary submitting such report of the following:

(i)

The scope of the problem of hazing in the Armed Force.

(ii)

The effectiveness of training on recognizing, reporting and preventing hazing provided members of the Armed Force.

(iii)

The actions taken to prevent and respond to hazing incidents in the Armed Force since the submission of the reports under such section.

(D)

A description of the additional actions, if any, the Secretary submitting such report and the Chief of Staff of the Armed Force propose to take to further address the incidence of hazing in the Armed Force.

587.

National Institute of Mental Health study of risk and resiliency of United States Special Operations Forces and effectiveness of Preservation of the Force and Families Program

(a)

Study Required

The Director of the National Institute of Mental Health shall conduct a study of the risk and resiliency of the United States Special Operations Forces and effectiveness of the United States Special Operations Command’s Preservation of the Force and Families Program on reducing risk and increasing resiliency.

(b)

Elements of the Study

The study conducted under subsection (a) shall specifically include an assessment of each of the following:

(1)

The mental, behavioral, and psychological health of the United States Special Operations Force, the United States Special Operations Command’s Preservation of the Force and Families Program’s focus on physical development to address the mental, behavioral, and psychological health of the United States Special Operations Force, including measurements of effectiveness on reducing suicide and other mental, behavioral and psychological risks, and increasing resiliency of the United States Special Operations Forces.

(2)

The United States Special Operations Command’s Human Performance Program, including measurements of effectiveness on reducing risk and increasing resiliency of United States Special Operations Forces.

(3)

Such other matters as the Director of the National Institute of Mental Health considers appropriate.

(c)

Submission of Report

Not later than 90 days after the date of the enactment of this Act, the Director of the National Institute of Mental Health shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a).

J

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.

Working Group on Integrated Disability Evaluation System

(a)

Establishment

There is established within the Department of Veterans Affairs-Department of Defense Joint Executive Committee under section 320 of title 38, United States Code, a Working Group (in this section referred to as the Working Group) to evaluate and reform the Integrated Disability Evaluation System of the Department of Defense and the Department of Veterans Affairs. The Working Group shall be established under the Disability Evaluation System Working Group of the Joint Executive Committee.

(b)

Pilot program

(1)

In general

The Working Group shall carry out a pilot program that will co-locate the services and personnel of the Department of Defense and the Department of Veterans Affairs to create an integrated model that continues the improvement of the Integrated Disability Evaluation System process through—

(A)

increased process efficiencies, as determined by the Working Group;

(B)

the creation of a standardized form set described in subsection (c)(3);

(C)

the elimination of redundancies;

(D)

the improvement of existing process timelines of the Integrated Disability Evaluation System;

(E)

increased service member satisfaction; and

(F)

the establishment of an information technology bridging solution described in subsection (c)(4).

(2)

Duration

The pilot program under paragraph (1) shall be carried for a period not exceeding three years.

(c)

Goals of pilot program

In carrying out the pilot program under subsection (b), the Working Group shall ensure the following:

(1)

The period beginning on the date on which an eligible member begins to participate in the pilot program and ending on the date on which the Secretary of Veterans Affairs determines the disability rating of the member is not more than 295 days.

(2)

Employees of the Department of Defense and the Department of Veterans Affairs who carry out the pilot program are co-located in the same facility, to the extent practicable, to determine the efficiencies provided by locating services of the Departments in the same location.

(3)

The elimination of redundant forms by creating and using a standardized electronic form set with respect to information that the Secretary of Defense and the Secretary of Veterans Affairs both require for an eligible member participating in the pilot program.

(4)

The establishment of an information technology bridging solution between the existing E-benefits program and the MYIDES dashboard to ensure that both such programs contain the information that is added to the claim of an eligible member participating in the pilot program.

(5)

Using the solution established under paragraph (4), eligible members participating in the pilot program are able to use the existing identification number of the member used by the Department of Defense to—

(A)

automatically track the status of the claim of the member, including with respect to the office of the Department of Defense or the Department of Veterans Affairs that is responsible for the evaluation as of the date of accessing such solution; and

(B)

be informed of the estimated timeline of the evaluation of the claim.

(6)

Using the solution established under paragraph (4), the Working Group and the Secretaries may—

(A)

identify the office and employee of the Department of Defense or the Department of Veterans Affairs who are responsible for the evaluation of a claim at any given time; and

(B)

track individual employees of the Department of Defense and the Department of Veterans Affairs with respect to statistics measuring quality and accuracy at the case level.

(7)

Eligible members who participate in the pilot program have the opportunity to use an exit survey (approved by the Secretary of Defense and the Secretary of Veterans Affairs) that informs the Working Group of the satisfaction of the member with respect to the pilot program.

(d)

Eligible members

A member of the Armed Forces who is being separated or retired from the Armed Forces for disability under chapter 61 of title 10, United States Code, is eligible to participate in the pilot program under subsection (b) if—

(1)

the member is referred to the Integrated Disability Evaluation System beginning on or after the date of the commencement of the pilot program by the specific medical authority of a military department; and

(2)

the evaluation of the member under the Integrated Disability Evaluation System is processed at the disability rating activity site in Providence, Rhode Island.

(e)

Timeline

By not later than 120 days after the date of the first meeting of the Working Group, the Working Group shall—

(1)

establish the pilot program under subsection (b);

(2)

establish standards for the products, software, personnel, approved standardized electronic form set described in subsection (c)(3), and other matters required to carry out the pilot program; and

(3)

identify the security required for the information systems of the pilot program.

(f)

Location

The pilot program established under subsection (b) shall be located at Walter Reed National Military Medical Center in Bethesda, Maryland.

(g)

Cooperation

(1)

Assignment

The Secretary of Defense and the Secretary of Veterans Affairs shall assign employees of both Departments to the location specified in subsection (f) during the period in which the pilot program is carried out.

(2)

Prioritization

As determined appropriate by the Department of Veterans Affairs-Department of Defense Joint Executive Committee, employees of the Veterans Benefits Administration who rate claims for disability may be assigned to the pilot program under subsection (b) in a sufficient number to ensure that claims for disability that are approved are processed—

(A)

for proposed rating decision not later than 15 days after such approval; and

(B)

for notification of benefits and authorization of award not later than 30 days after separation from the Armed Forces.

(h)

Treatment in current IDES

If an eligible member who is participating in the pilot program under subsection (b) elects to instead participate in the Integrated Disability Evaluation System, the Secretary of Defense and the Secretary of Veterans Affairs shall evaluate the eligible member under the Integrated Disability Evaluation System by recognizing the date of the original claim of the member and without any penalty with respect to the priority of the member in such system.

(i)

Reports

(1)

Quarterly reports

During each 90-day period during the period in which the Working Group carries out the pilot program under subsection (b), the Working Group shall submit to the Secretary of Defense, the Secretary of Veterans Affairs, and the Department of Veterans Affairs-Department of Defense Joint Executive Committee a report on the status of the pilot program. The report shall include—

(A)

the average number of days that an eligible member participates in the pilot program before the Secretary of Veterans Affairs determines the disability rating of the member;

(B)

the extent to which forms have been eliminated pursuant to subsection (c)(3);

(C)

the extent to which the information technology bridging solution established pursuant to subsection (c)(4) has improved information sharing between the Departments;

(D)

the results of exit surveys described in subsection (c)(7);

(E)

the extent to which employees of the Department of Defense and the Department of Veterans Affairs have been co-located in the same facility under the pilot program; and

(F)

the determination of the Working Group, based on data collected during the course of the pilot program, with respect to the feasibility of increasing the efficiency of the program to decrease the number of days of the goal described in subsection (c)(1).

(2)

Submission of quarterly reports

Not later than 30 days after the date on which the Working Group submits a report under paragraph (1), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate congressional committees such report.

(3)

Final report

Not later than 180 days after the date on which the pilot program under subsection (b) is completed, the Working Group shall submit to the Secretary of Defense, the Secretary of Veterans Affairs, and the Department of Veterans Affairs-Department of Defense Joint Executive Committee a report on the pilot program, including an analysis of the pilot program and any recommendations regarding whether the pilot program should be expanded.

(4)

Submission of final report

Not later than 30 days after the date on which the Working Group submits the report under paragraph (3), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate congressional committees such report.

(j)

Membership

(1)

Number and appointment

The Working Group shall be composed of 15 members appointed by the Department of Veterans Affairs-Department of Defense Joint Executive Committee from among individuals who have subject matter expertise or other relevant experience in government, the private sector, or academia regarding—

(A)

health care;

(B)

medical records;

(C)

logistics;

(D)

information technology; or

(E)

other relevant subjects.

(2)

Disqualification

An individual may not be appointed to the Working Group if the individual has served on the Department of Veterans Affairs-Department of Defense Joint Executive Committee or any working group thereof.

(3)

Employees of Departments

Not more than a total of four individuals who are employed by either the Department of Defense or the Department of Veterans Affairs may be appointed to the Working Group to ensure that the efficiencies and best practices of the pilot program do not violate the policies of the Departments. Such an individual who is appointed may not serve as chairman of the Working Group or serve in any other supervisory or leadership role.

(4)

Advisors

The Working Group shall seek advice from experts from nongovernmental organizations (including veterans service organizations, survivors of members of the Armed Forces or veterans, and military organizations), the Internet technology industry, private sector hospital administrators, and other entities the Working Group determines appropriate.

(5)

Chairman

Except as provided by paragraph (3), the Department of Veterans Affairs-Department of Defense Joint Executive Committee shall designate a member of the Working Group to serve as chairman of the Working Group.

(6)

Period of Appointment

Members of the Working Group shall be appointed for the life of the Working Group. A vacancy shall not affect its powers.

(7)

Vacancy

A vacancy on the Working Group shall be filled in the manner in which the original appointment was made.

(8)

Appointment deadline

The appointment of members of the Working Group established in this section shall be made not later than 60 days after the date of the enactment of this Act.

(9)

Compensation of Members

Each member of the Working Group who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Working Group. All members of the Working Group who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(k)

Meetings

(1)

Initial meeting

The Working Group shall hold its first meeting not later than 15 days after the date on which a majority of the members are appointed.

(2)

Minimum number of meetings

The Working Group shall meet not less than twice each year regarding the pilot program under subsection (b), including the progress, status, implementation, and execution of the pilot program.

(l)

Termination of Working Group

The Working Group shall terminate on the date on which the Working Group submits the report under subsection (i)(3).

(m)

Definitions

In this section:

(1)

The term appropriate congressional committees means the following:

(A)

The Committees on Veterans’ Affairs of the House of Representatives and the Senate.

(B)

The Committees on Armed Services of the House of Representatives and the Senate.

(2)

The term Integrated Disability Evaluation System means the disability evaluation system used jointly by the Secretary of Defense and the Secretary of Veterans Affairs.

593.

Sense of Congress regarding fulfilling promise to leave no member of the Armed Forces unaccounted in Afghanistan

(a)

Findings

Congress makes the following findings:

(1)

The United States is a country of great honor and integrity.

(2)

The United States has made a sacred promise to members of the Armed Forces deployed overseas in defense of the United States that their sacrifice and service will never be forgotten.

(3)

The United States can never thank the proud members of the Armed Forces enough for their sacrifice and service on behalf of the United States.

(b)

Sense of congress

It is the sense of Congress that—

(1)

abandoning the search efforts for members of the Armed Forces who are missing or captured in the line of duty now or in the future is unacceptable;

(2)

the United States has a responsibility to keep the promises made to members of the Armed Forces deployed overseas in defense of the United States, including the promise of the United States Soldier’s Creed and the Warrior Ethos, which state that I will never leave a fallen comrade; and

(3)

while the United States continues to transition leadership roles in combat operations in Afghanistan to the people of Afghanistan, the United States must continue to fulfill these important promises 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.

594.

Authority for removal from national cemeteries of remains of 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 when no known next of kin

(1)

The Secretary of the Army may authorize the removal of the remains of a member of the armed forces who has no known next of kin and 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 member of the armed forces who has no known next of kin and is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.

(3)

In this section, the term Army National Military Cemetery means a cemetery specified in section 4721(b) of this title.

.

(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.

Access of congressional caseworkers to information about Department of Veterans Affairs casework brokered to other offices of the Department

If Department of Veterans Affairs casework is brokered out to another office of the Department from its original submission site, a caseworker in a congressional office may contact the brokered office to receive an update on the constituent’s case, and that office of the Department is required to update the congressional staffer regardless of their thoughts on jurisdiction.

596.

Pilot program on 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)

Pilot program required

Commencing not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of providing the information described in subsection (b) on members of the Armed Forces who are separating from the Armed Forces to State veterans agencies as a means of facilitating the transition of members of the Armed Forces from military service to civilian life.

(b)

Covered information

The information described in this subsection with respect to a member is as follows:

(1)

Department of Defense Form DD 214.

(2)

A personal email address.

(3)

A personal telephone number.

(4)

A mailing address.

(c)

Voluntary participation

The participation of a member in the pilot program shall be at the election of the member.

(d)

Form of provision of information

Information shall be provided to State veterans agencies under the pilot program in digitized electronic form.

(e)

Use of information

Information provided to State veterans agencies under the pilot program may be shared by such agencies with appropriate county veterans service offices in such manner and for such purposes as the Secretary shall specify for purposes of the pilot program.

(f)

Report

Not later than 15 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program. The report shall include a description of the pilot program and such recommendations, including recommendations for continuing or expanding the pilot program, as the Secretary considers appropriate in light of the pilot program.

597.

Sense of Congress regarding the recovery of the remains of certain members of the Armed Forces killed in Thurston Island, Antarctica

(a)

Findings

Congress makes the following findings:

(1)

Commencing August 26, 1946, though late February 1947 the United States Navy Antarctic Developments Program Task Force 68, codenamed Operation Highjump initiated and undertook the largest ever-to-this-date exploration of the Antarctic continent.

(2)

The primary mission of the Task Force 68 organized by Rear Admiral Richard E. Byrd Jr. USN, (Ret) and led by Rear Admiral Richard H. Cruzen, USN, was to do the following:

(A)

Establish the Antarctic research base Little America IV.

(B)

In the defense of the United States of America from possible hostile aggression from abroad - to train personnel test equipment, develop techniques for establishing, maintaining and utilizing air bases on ice, with applicability comparable to interior Greenland, where conditions are similar to those of the Antarctic.

(C)

Map and photograph a full two-thirds of the Antarctic Continent during the classified, hazardous duty/volunteer-only operation involving 4700 sailors, 23 aircraft and 13 ships including the first submarine the U.S.S. Sennet, and the aircraft carrier the U.S.S. Philippine Sea, brought to the edge of the ice pack to launch (6) Navy ski-equipped, rocket-assisted R4Ds

(D)

Consolidate and extend United States sovereignty over the largest practicable area of the Antarctic continent.

(E)

Determine the feasibility of establishing, maintaining and utilizing bases in the Antarctic and investigating possible base sites.

(3)

While on a hazardous duty/all volunteer mission vital to the interests of National Security and while over the eastern Antarctica coastline known as the Phantom Coast, the PBM–5 Martin Mariner Flying Boat George 1 entered a whiteout over Thurston Island. As the pilot attempted to climb, the aircraft grazed the glacier’s ridgeline and exploded within 5 seconds instantly killing Ensign Maxwell Lopez, Navigator and Wendell Bud Hendersin, Aviation Machinists Mate 1st Class while Frederick Williams, Aviation Radioman 1st Class died several hours later. Six other crewmen survived including the Captain of the George 1’s seaplane tender U.S.S. Pine Island.

(4)

The bodies of the dead were protected from the desecration of Antarctic scavenging birds (Skuas) by the surviving crew wrapping the bodies and temporarily burying the men under the starboard wing engine nacelle.

(5)

Rescue requirements of the George 1 survivors forced the abandonment of their crewmates’ bodies.

(6)

Conditions prior to the departure of Task Force 68 precluded a return to the area to the recover the bodies.

(7)

For nearly 60 years Navy promised the families that they would recover the men: If the safety, logistical, and operational prerequisites allow a mission in the future, every effort will be made to bring our sailors home..

(8)

The Joint POW/MIA Accounting Command twice offered to recover the bodies of this crew for Navy.

(9)

A 2004 NASA ground penetrating radar overflight commissioned by Navy relocated the crash site three miles from its crash position.

(10)

The Joint POW/MIA Accounting Command offered to underwrite the cost of an aerial ground penetrating radar (GPR) survey of the crash site area by NASA.

(11)

The Joint POW/MIA Accounting Command studied the recovery with the recognized recovery authorities and national scientists and determined that the recovery is only medium risk.

(12)

National Science Foundation and scientists from the University of Texas, Austin, regularly visit the island.

(13)

The crash site is classified as a perishable site, meaning a glacier that will calve into the Bellingshausen Sea.

(14)

The National Science Foundation maintains a presence in area of the Pine Island Glacier.

(15)

The National Science Foundation Director of Polar Operations will assist and provide assets for the recovery upon the request of Congress.

(16)

The United States Coast Guard is presently pursuing the recovery of 3 WWII air crewmen from similar circumstances in Greenland.

(17)

On Memorial Day, May 25, 2009, President Barack Obama declared: * * * the support of our veterans is a sacred trust * * * we need to serve them as they have served us * * * that means bringing home all our POWs and MIAs * * *.

(18)

The policies and laws of the United States of America require that our armed service personnel be repatriated.

(19)

The fullest possible accounting of United States fallen military personnel means repatriating living American POWs and MIAs, accounting for, identifying, and recovering the remains of military personnel who were killed in the line of duty, or providing convincing evidence as to why such a repatriation, accounting, identification, or recovery is not possible.

(20)

It is the responsibility of the Federal Government to return to the United States for proper burial and respect all members of the Armed Forces killed in the line of duty who lie in lost graves.

(b)

Sense of congress

In light of the findings under subsection (a), Congress—

(1)

reaffirms its support for the recovery and return to the United States, the remains and bodies of all members of the Armed Forces killed in the line of duty, and for the efforts by the Joint POW/MIA Accounting Command to recover the remains of members of the Armed Forces from all wars, conflicts and missions;

(2)

recognizes the courage and sacrifice of all members of the Armed Forces who participated in Operation Highjump and all missions vital to the national security of the United States of America;

(3)

acknowledges the dedicated research and efforts by the US Geological Survey, the National Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American Veterans Foundation and all persons and organizations to identify, locate, and advocate for, from their temporary Antarctic grave, the recovery of the well-preserved frozen bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation Machinist’s Mate 1ST Class, Wendell Hendersin, Aviation Radioman 1ST Class of the George 1 explosion and crash; and

(4)

encourages the Department of Defense to review the facts, research and to pursue new efforts to undertake all feasible efforts to recover, identify, and return the well-preserved frozen bodies of the George 1 crew from Antarctica’s Thurston Island.

598.

Name of the Department of Veterans Affairs and Department of Defense joint outpatient clinic, Marina, California

(a)

Designation

The Department of Veterans Affairs and Department of Defense joint outpatient clinic to be constructed at the intersection of the proposed Ninth Street and the proposed First Avenue in Marina, California, shall be known and designated as the Major General William H. Gourley VA–DOD Outpatient Clinic.

(b)

References

Any reference in a law, regulation, map, document, record, or other paper of the United States to the Department of Veterans Affairs and Department of Defense joint outpatient clinic referred to in subsection (a) shall be deemed to be a reference to the Major General William H. Gourley VA–DOD Outpatient Clinic.

599.

Sense of Congress regarding preservation of Second Amendment rights of active duty military personnel stationed or residing in the District of Columbia

(a)

Findings

Congress finds the following:

(1)

The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.

(2)

Approximately 40,000 servicemen and women across all branches of the Armed Forces either live in or are stationed on active duty within the Washington, D.C., metropolitan area. Unless these individuals are granted a waiver as serving in a law enforcement role, they are subject to the District of Columbia’s onerous and highly restrictive laws on the possession of firearms.

(3)

Military personnel, despite being extensively trained in the proper and safe use of firearms, are therefore deprived by the laws of the District of Columbia of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families.

(4)

The District of Columbia has one of the highest per capita murder rates in the Nation, which may be attributed in part to previous local laws prohibiting possession of firearms by law-abiding persons who would have otherwise been able to defend themselves and their loved ones in their own homes and businesses.

(5)

The Gun Control Act of 1968 (as amended by the Firearms Owners’ Protection Act) and the Brady Handgun Violence Prevention Act provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws that only affect and disarm law-abiding citizens.

(6)

On June 26, 2008, the Supreme Court of the United States in the case of District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, and thus ruled that the District of Columbia’s handgun ban and requirements that rifles and shotguns in the home be kept unloaded and disassembled or outfitted with a trigger lock to be unconstitutional.

(7)

On July 16, 2008, the District of Columbia enacted the Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17–422; 55 DCR 8237), which places onerous restrictions on the ability of law-abiding citizens from possessing firearms, thus violating the spirit by which the Supreme Court of the United States ruled in District of Columbia v. Heller.

(8)

On February 26, 2009, the United States Senate adopted an amendment on a bipartisan vote of 62–36 by Senator John Ensign to S. 160, the District of Columbia House Voting Rights Act of 2009, which would fully restore Second Amendment rights to the citizens of the District of Columbia.

(b)

Sense of Congress

It is the sense of Congress that active duty military personnel who are stationed or residing in the District of Columbia should be permitted to exercise fully their rights under the Second Amendment to the Constitution of the United States and therefore should be exempt from the District of Columbia’s restrictions on the possession of firearms.

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

601.

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.

602.

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

Section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for commissioned officers in the uniformed services in pay grades O–7 through O–10 during calendar year 2015 by using the rate of pay for level II of the Executive Schedule in effect during 2014.

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

Travel and Transportation

621.

Authority to enter into contracts for the provision of relocation services

The Secretary of Defense may authorize the commander of a military base to enter into a contract with an appropriate entity for the provision of relocation services to members of the Armed Forces.

622.

Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total

(a)

Availability of transportation

Section 2641b of title 10, United States Code, is amended—

(1)

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

(2)

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

(f)

Special priority for certain disabled veterans

(1)

The Secretary of Defense shall provide, at no additional cost to the Department of Defense and with no aircraft modification, transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total.

(2)

Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary shall provide transportation under paragraph (1) on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.

(3)

The requirement to provide transportation on Department of Defense aircraft on a space-available basis on the priority basis described in paragraph (2) to veterans covered by this subsection applies whether or not the travel program is established under this section.

(4)

In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38.

.

(b)

Effective date

Subsection (f) of section 2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

D

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

631.

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.

.

632.

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 displacing current value and name-brand products with private-label products.

(2)

The sensitivity of commissary patrons to pricing changes.

(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 February 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.

633.

Restriction on implementing any new Department of Defense policy to limit, restrict, or ban the sale of certain items on military installations

The Secretary of Defense and the Secretaries of the military departments may not take any action to implement any new policy that would limit, restrict, or ban the sale of any legal consumer product category sold as of January 1, 2014, in the defense commissary system or exchange stores system on any military installation, domestically or overseas, or on any Department of Defense vessel at sea.

634.

Prohibition on the use of funds to close commissary stores

None of the funds authorized to be appropriated or otherwise made available by this Act may be used to close any commissary store.

E

Other Matters

641.

Anonymous survey of members of the Armed Forces regarding their preferences for military pay and benefits

(a)

Survey required

The Secretary of Defense shall carry out a anonymous survey of random members of the Armed Forces regarding military pay and benefits for the purpose of soliciting information on the following:

(1)

The value that members of the Armed Forces place on the following forms of compensation relative to one another:

(A)

Basic pay.

(B)

Allowances for housing and subsistence.

(C)

Bonuses and special pays.

(D)

Dependent healthcare benefits.

(E)

Healthcare benefits for retirees under 65 years old.

(F)

Healthcare benefits for Medicare-eligible retirees.

(G)

Retirement pay.

(2)

How the members value different levels of pay or benefits, including the impact of co-payments or deductibles on the value of benefits.

(3)

Any other issues related to military pay and benefits as the Secretary of Defense considers appropriate.

(4)

How information collected pursuant to a previous paragraph varies by age, rank, dependent status, and such other factors as the Secretary of Defense considers appropriate.

(b)

Submission of results

Not later than March 1, 2015, the Secretary of Defense shall submit to Congress and make publicly available a report containing the results of the survey, including both the analyses and the raw data collected.

642.

Availability for purchase of Department of Veterans Affairs memorial headstones and markers for members of reserve components who performed certain training

Section 2306 of title 38, United States Code, is amended by adding at the end the following new subsection:

(i)
(1)

The Secretary shall make available for purchase a memorial headstone or marker for the marked or unmarked grave of an individual described in paragraph (2) or for the purpose of commemorating such an individual whose remains are unavailable.

(2)

An individual described in this paragraph is an individual who—

(A)

as a member of a National Guard or Reserve component performed inactive duty training or active duty for training for at least six years but did not serve on active duty; and

(B)

is not otherwise ineligible for a memorial headstone or marker on account of the nature of the individual’s separation from the Armed Forces or other cause.

(3)

A headstone or marker for the grave of an individual may be purchased under this subsection by—

(A)

the individual;

(B)

the surviving spouse, child, sibling, or parent of the individual; or

(C)

an individual other than the next of kin, as determined by the Secretary of Veterans Affairs.

(4)

In establishing the prices of the headstones and markers made available for purchase under this section, the Secretary shall ensure the prices are sufficient to cover the costs associated with the production and delivery of such headstones and markers.

(5)

No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of this subsection.

(6)

This subsection does not authorize any new burial benefit for any person or create any new authority for any individual to be buried in a national cemetery.

(7)

The Secretary shall coordinate with the Secretary of Defense in establishing procedures to determine whether an individual is an individual described in paragraph (2).

.

VII

Health Care Provisions

A

TRICARE and Other Health Care Benefits

701.

Mental health assessments for members of the Armed Forces

(a)

In general

Section 1074m of title 10, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

by redesignating subparagraph (B) and (C) as subparagraph (C) and (D), respectively; and

(B)

by inserting after subparagraph (A) the following:

(B)

Once during each 180-day period during which a member is deployed.

; and

(2)

in subsection (c)(1)(A)—

(A)

in clause (i), by striking ; and and inserting a semicolon;

(B)

by redesignating clause (ii) as clause (iii); and

(C)

by inserting after clause (i) the following:

(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

.

(b)

Conforming amendment

Section 1074m(a)(2) of title 10, United States Code, is amended by striking subparagraph (B) and (C) and inserting subparagraph (C) and (D).

702.

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.

703.

Availability of breastfeeding support, supplies, and counseling under the tricare program

Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(18)

Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.

.

704.

Behavioral health treatment of developmental disabilities under the TRICARE program

(a)

Behavioral health treatment of developmental disabilities under TRICARE

Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection:

(g)
(1)

Subject to paragraph (4), in providing health care under subsection (a), the treatment of developmental disabilities (as defined by section 102(8) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum disorder, shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician or psychologist.

(2)

In carrying out this subsection, the Secretary shall ensure that—

(A)

except as provided by subparagraph (B), behavioral health treatment is provided pursuant to this subsection—

(i)

in the case of such treatment provided in a State that requires licensing or certification of applied behavioral analysts by State law, by an individual who is licensed or certified to practice applied behavioral analysis in accordance with the laws of the State; or

(ii)

in the case of such treatment provided in a State other than a State described in clause (i), by an individual who is licensed or certified by a State or an accredited national certification board; and

(B)

applied behavior analysis or other behavioral health treatment may be provided by an employee, contractor, or trainee of a person described in subparagraph (A) if the employee, contractor, or trainee meets minimum qualifications, training, and supervision requirements as set forth in applicable State law, by an appropriate accredited national certification board, or by the Secretary.

(3)
(A)

This subsection shall not apply to a medicare eligible beneficiary (as defined in section 1111(b) of this title).

(B)

Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under—

(i)

this chapter;

(ii)

title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or

(iii)

any other law.

(4)

In addition to the requirement under section 1100(c)(1) of this title, with respect to retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members, treatment shall be provided under this subsection in a fiscal year only to the extent that amounts are specifically provided in advance in appropriations Acts for the Defense Health Program Account for the provision of such treatment for such fiscal year.

.

(b)

Funding matters

(1)

In general

Section 1100 of title 10, United States Code, is amended—

(A)

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

(B)

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

(c)

Behavioral health treatment of developmental disabilities

(1)

Funds for treatment under section 1077(g) of this title may be derived only from the Defense Health Program Account. Notwithstanding any other provision of law, such funds may not be reimbursed from any account that would otherwise provide funds for the treatment of retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members.

(2)

As provided for in paragraph (4) of section 1077(g), with respect to retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members, treatment under such section shall be provided in a fiscal year only to the extent that amounts are specifically provided in advance in appropriations Acts for the Defense Health Program Account for the provision of such treatment for such fiscal year.

.

(2)

Increase and offset

(A)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Private Sector Care is hereby increased by $20,000,000.

(B)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense (Line 270) is hereby reduced by $20,000,000.

(c)

Sense of Congress

It is the sense of Congress that amounts should be appropriated for behavioral health treatment of TRICARE beneficiaries, pursuant to the amendments made by this section, in a manner to ensure the appropriate and equitable access to such treatment by all such beneficiaries.

B

Health Care Administration

711.

Cooperative health care agreements between the military departments and non-military health care entities

Section 713 of the National Defense Authorization Act of 2010 (Public Law 111–84; 10 U.S.C. 1073 note) is amended—

(1)

in subsection (a), by striking Secretary of Defense and inserting Secretary concerned;

(2)

in subsection (b)—

(A)

by striking Secretary shall and inserting Secretary concerned shall;

(B)

in paragraph (1)(A), by inserting if the Secretary establishing such agreement is the Secretary of Defense before the semicolon; and

(C)

in paragraph (3), by inserting or the military department concerned after the Department of Defense; and

(3)

by adding at the end the following new subsection:

(e)

Secretary concerned defined

In this section, the term Secretary concerned means—

(1)

the Secretary of a military department; or

(2)

the Secretary of Defense.

.

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, and at such others times as requested by such committees or as the Comptroller General determines appropriate.

713.

Limitation on transfer or elimination of graduate medical education billets

The Secretary of Defense may not transfer or eliminate a graduate medical education billet from the military medical treatment facility to which the billet is assigned as of the date of the enactment of this Act unless the Secretary—

(1)

conducts a Department-wide review of the implementation of the plan required by section 731 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1071 note) that is based on not less than two years of carrying out such implementation;

(2)

conducts an examination of the most successful incentives for recruiting and retaining medical professionals to participate in the graduate medical education programs of the military departments;

(3)

determines the assignment of such billets based on the review and examination conducted under paragraphs (1) and (2), respectively; and

(4)

after the Secretary makes the determination under paragraph (3), certifies to the congressional defense committees that any proposed transfer or elimination of such billets—

(A)

meets the needs of the military departments and the patient population; and

(B)

takes into account the assignment interests of the members of the Armed Forces who are participating (or who will participate) in the graduate medical education programs of the military departments.

714.

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 until a 120-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 2001 to 2012, for each military medical treatment facility considered under the modernization study directed by the Resource Management Decision of the Department of Defense numbered MP–D–01—

(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, a determination, made in consultation with the appropriate training directorate, training and doctrine command, and forces command of each military department, of the risk with respect to high tempo, live-fire military operations, and the potential for a mass casualty event if the facility is downgraded to a clinic or reduced in personnel or capabilities;

(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 such 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 study with respect to the recommendations of the Secretary to restructure or realign military medical treatment 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).

715.

Provision of written 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 written notice explaining such changes.

(2)

The individuals described by this paragraph are covered beneficiaries and providers 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 system-wide change—

(1)

in policy regarding services provided under the TRICARE program (not including the addition of new services or benefits); or

(2)

in payment 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.

.

C

Reports and Other Matters

721.

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.

722.

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.

723.

Research regarding Alzheimer's disease

The Secretary of Defense may carry out research, development, test, and evaluation activities with respect to Alzheimer’s disease.

724.

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.

(b)

Report

Not later than April 1, 2015, 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 (E) of paragraph (2) of such subsection are being carried out.

725.

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 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.

(c)

Locations

(1)

Selection

The Secretary shall carry out the pilot program under subsection (a) in not less than three locations.

(2)

First location criteria

Not less than one location selected under paragraph (1) shall meet the following criteria:

(A)

The location is a pharmacy at a military medical treatment facility.

(B)

The patients participating in the pilot program at such location generally receive primary care services from health care providers at such facility.

(3)

Second location criteria

Not less than one location selected under paragraph (1) shall meet the following criteria:

(A)

The location is a pharmacy at a military medical treatment facility.

(B)

The patients participating in the pilot program at such location generally do not receive primary care services from health care providers at such facility.

(4)

Third location criterion

Not less than one location selected under paragraph (1) shall be a pharmacy located at a location other than a military medical treatment facility.

(d)

Duration

The Secretary shall carry out the pilot program under subsection (a) for a period determined appropriate by the Secretary that is not less than two years.

(e)

Report

Not later than 30 months after the date on which the Secretary commences the pilot program under subsection (a), the Secretary shall submit to the congressional defense committees a report on the pilot program that includes—

(1)

information on the effect of medication therapy management services on—

(A)

patient use and outcomes of prescription medications; and

(B)

the costs of health care;

(2)

the recommendations of the Secretary with respect to incorporating medication therapy management into the TRICARE program; and

(3)

such other information as the Secretary determines appropriate.

(f)

Definitions

In this section:

(1)

The term medication therapy management means professional services provided by qualified pharmacists to patients to improve the effective use and outcomes of prescription medications provided to the patients.

(2)

The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.

726.

Report on reduction of Prime Service Areas

(a)

In general

Section 732 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1816), as amended by section 701 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66), is further 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)

Implementation

Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, the Secretary shall submit to the congressional defense committees 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)

Details regarding the impact to affected eligible beneficiaries with respect to the reduction of the availability of TRICARE Prime in regions described in subsection (d)(1)(B), including, with respect to each State—

(i)

the number of affected eligible beneficiaries who, as of the date of the report, are enrolled in TRICARE Standard;

(ii)

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; and

(iii)

the number of affected eligible beneficiaries who, as of the date of the report, have made an election described in subsection (c)(1).

(B)

The estimated increase in annual costs per each affected eligible beneficiary counted under subparagraph (A) as compared to the estimated annual costs if a contract described in subsection (a)(2)(A) did not affect the eligibility of the beneficiary for TRICARE Prime.

(C)

A description of the efforts of the Secretary to assess—

(i)

the impact on access to health care for affected eligible beneficiaries; and

(ii)

the satisfaction of such beneficiaries with respect to access to health care under TRICARE Standard.

(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).

727.

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

(a)

Report

Not later than April 1, 2015, the Comptroller General of the United States shall submit to the congressional defense committees and Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that assesses the transition of care for post-traumatic stress disorder or traumatic brain injury.

(b)

Matters included

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

(1)

The programs, policies, and regulations that affect the transition of care, particularly with respect to individuals who are taking or have been prescribed antidepressants, stimulants, antipsychotics, mood stabilizers, anxiolytic, depressants, or hallucinogens.

(2)

Upon transitioning to care furnished by the Secretary of Veterans Affairs, the extent to which the pharmaceutical treatment plan of an individual changes, and the factors determining such changes.

(3)

The extent to which the Secretary of Defense and the Secretary of Veterans Affairs have worked together to identify and apply best pharmaceutical treatment practices.

(4)

A description of the off-formulary waiver process of the Secretary of Veterans Affairs, and the extent to which the process is applied efficiently at the treatment level.

(5)

The benefits and challenges of combining the formularies across the Department of Defense and the Department of Veterans Affairs.

(6)

Any other issues that the Comptroller General determines appropriate.

(c)

Transition of care defined

In this section, the term transition of care means the transition of an individual from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs.

728.

Briefing on hospitals in arrears in payments to Department of Defense

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the process used by the Defense Health Agency to collect payments from non-Department of Defense hospitals. Such briefing shall include a list of each hospital that is more than 90 days in arrears in payments to the Secretary, including the amount of arrears (by 30-day increments) for each such hospital.

729.

Research regarding breast cancer

In carrying out research, development, test, and evaluation activities with respect to breast cancer, the Secretary of Defense shall implement the recommendations of the Interagency Breast Cancer and Environmental Research Coordinating Committee to prioritize prevention and increase the study of chemical and physical factors in breast cancer.

730.

Sense of Congress regarding access to mental health services by members of the Armed Forces

It is the sense of Congress that—

(1)

mental health and substance use disorders, traumatic brain injury, and suicide are being experienced at alarming levels among members of the Armed Forces;

(2)

members of the Armed Forces should have adequate access to the support and care they need;

(3)

public-private mental health partnerships can provide the Department of Defense with an enhanced and unique capability to treat members of the Armed Forces;

(4)

the Department of Defense should fully implement the pilot program authorized under section 706 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 10101 note; Public Law 112–239) for purposes of enhancing the efforts of the Department of Defense in research, treatment, education, and outreach on mental health and substance use disorders and traumatic brain injury in members of the National Guard and Reserves.

731.

Evaluation of wounded warrior care and transition program

(a)

Sense of Congress

It is the sense of Congress that gaining new ideas and an objective perspective are critical to addressing issues regarding the treatment of wounded warriors.

(b)

Evaluation

The Secretary of Defense shall seek to enter into a contract with a private organization to evaluate the wounded warrior care and transition program of the Department of Defense. Such evaluation shall identify deficiencies in the treatment of wounded warriors and offer recommendations to the Secretary of Defense and Congress to improve such treatment. The Secretary may not award a contract to a private organization to carry out such evaluation unless the private organization received less than 20 percent of the annual revenue of the organization during the previous five years from contracts with the Department of Defense or the Department of Veterans Affairs.

(c)

Funding

(1)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, is hereby increased by $20,000,000.

(2)

Offset

Notwithstanding the amounts set forth in the funding tables in division D—

(A)

the amounts authorized to be appropriated in section 101 for shipbuilding and conversion, Navy, as specified in the corresponding funding table in section 4101, is hereby reduced by $10,000,000; and

(B)

the amounts authorized to be appropriated in division C for weapons activities, as specified in the corresponding funding table in section 4701, for the B61 life extension program and the W76 life extension program are each hereby reduced by $5,000,000.

732.

Improvement of mental health care

(a)

Evaluations of Mental Health Care and Suicide Prevention Programs

(1)

In general

Not less than once each year, the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) shall contract with a third party unaffiliated with the Department of Veterans Affairs or the Department of Defense to conduct an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary.

(2)

Elements

Each evaluation conducted under paragraph (1) shall—

(A)

use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention;

(B)

identify the most effective mental health care and suicide prevention programs conducted by the Secretary concerned;

(C)

propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide; and

(D)

make recommendations to improve the coordination and integration of mental health and suicide prevention services between the Department of Veterans Affairs and the Department of Defense to improve the delivery and effectiveness of such services.

733.

Primary blast injury research

The peer-reviewed Psychological Health and Traumatic Brain Injury Research Program shall conduct a study on blast injury mechanics covering a wide range of primary blast injury conditions, including traumatic brain injury, in order to accelerate solution development in this critical area.

734.

Report on efforts to treat infertility of military families

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on what steps the Secretary is taking to ensure that members of the Armed Forces and the dependents of such members have access to reproductive counseling and a full spectrum of treatments for infertility, including in vitro fertilization.

(b)

Matters included

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

(1)

An assessment of treatment options available at military medical treatment facilities throughout the military health system.

(2)

An identification of factors that might disrupt treatment, including availability of options, lack of timely access to treatment, change in duty station, or overseas deployments.

(3)

The number of members of the Armed Forces who have used specific treatment options, including in vitro fertilization.

(4)

The number of dependents of members who have used specific treatment options, including in vitro fertilization.

(5)

An identification of non-Department of Defense treatment options for infertility that could benefit members and the dependents of members.

(6)

Any other matters the Secretary determines appropriate.

735.

Sense of Congress on use of hyperbaric oxygen therapy to treat traumatic brain injury and post-traumatic stress disorder

(a)

Findings

Congress finds the following:

(1)

Traumatic brain injury and post-traumatic stress disorder are the signature injuries of the wars in Iraq and Afghanistan.

(2)

Post-traumatic stress disorder is prevalent throughout the regular component of the Armed Forces.

(3)

For example, with respect to Camp Lejeune, North Carolina, which has a base population of 41,753 active duty personnel, including 38,020 marines and 3,533 sailors—

(A)

6,616 patients with a principal diagnosis of post-traumatic stress disorder had at least one visit for post-traumatic stress disorder between February 2013 and April 2014; and

(B)

the Naval Hospital Camp Lejeune, which had a total of approximately 600,000 outpatient visits during 2013, recorded 15,043 outpatient visits for which post-traumatic stress disorder was the primary reason for the visit between February 2013 and April 2014.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

hyperbaric oxygen therapy is a medical treatment that can be used to treat active duty members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder if—

(A)

such treatment is prescribed by a military medical doctor; and

(B)

a hyperbaric chamber that is owned by the Department of Defense and cleared for clinical use is locally available; and

(2)

the Secretary of Defense should increase awareness among members of the Armed Forces, including military medical doctors, of hyperbaric oxygen therapy to treat traumatic brain injury and post-traumatic stress disorder.

VIII

Acquisition Policy, Acquisition Management, and Related Matters

A

Amendments to General Contracting Authorities, Procedures, and Limitations

801.

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

Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813) is amended by inserting “United States Transportation Command,” after “United States Southern Command,”.

802.

Extension of contract authority for advanced component development or prototype units

(a)

Extension of termination

Subsection (b)(4) of section 819 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2302 note) is amended by striking September 30, 2014 and inserting September 30, 2019.

(b)

Extension of report requirement

Subsection (c) of such section is amended by striking March 1, 2013 and inserting March 1, 2018.

803.

Amendment relating to authority of the Defense Advanced Research Projects Agency to carry out certain prototype projects

Section 845(a)(1) of Public Law 103–160 (10 U.S.C. 2371 note) is amended by striking weapons or weapon systems proposed to be acquired or developed by the Department of Defense, or to improvement of weapons or weapon systems in use by the Armed Forces and inserting the following: enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, or materials proposed to be acquired or developed by the Department of Defense, or to improvement of platforms, systems, components, or materials in use by the Armed Forces.

804.

Extension of limitation on aggregate annual amount available for contract services

Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489), as amended by section 802 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 804) is further amended—

(1)

in subsections (a) and (b), by striking or 2014 and inserting 2014, or 2015;

(2)

in subsection (c)(3), by striking and 2014 and inserting 2014, and 2015;

(3)

in subsection (d)(4), by striking or 2014 and inserting 2014, or 2015; and

(4)

in subsection (e), by striking 2014 and inserting 2015.

805.

Maximizing competition in design-build contracts

(a)

Public design-build construction process improvement

Section 3309 of title 41, United States Code, is amended—

(1)

in subsection (a), by inserting and the contract is in an amount of $1,000,000 or greater after appropriate for use;

(2)

by striking the second sentence of subsection (d) and inserting the following: The maximum number specified in the solicitation shall not exceed 5 unless the head of the agency approves the contracting officer’s justification with respect to the solicitation that a number greater than 5 is in the Federal Government’s interest. The contracting officer shall provide written documentation of how a maximum number exceeding 5 is consistent with the purposes and objectives of the two-phase selection procedures.; and

(3)

by adding at the end the following new subsection:

(f)

Report

(1)

In general

The Director of the Office of Management and Budget shall require the head of each agency to appoint an individual who shall provide to the Director an annual compilation of each instance the agency awarded a contract pursuant to this section in which—

(A)

more than 5 offerors were selected to submit competitive proposals pursuant to subsection (c)(4); or

(B)

the contract was awarded without using the two-phase selection procedures described in subsection (c).

(2)

Publication

The Director shall prepare an annual report containing the information provided by each executive agency under subparagraph (A). The report shall be accessible to the public through electronic means, and the Director shall publish a notice of availability in the Federal Register.

(3)

Fiscal years covered; deadline

The Director shall submit to Congress the report prepared under subparagraph (B) for the fiscal year during which this subsection is enacted, and each of the next 4 fiscal years, not later than 60 days after the end of each such fiscal year.

.

(b)

Defense design-build construction process improvement

Section 2305a of title 10, United States Code, is amended—

(1)

in subsection (a), by inserting and the contract is in an amount of $1,000,000 or greater after appropriate for use;

(2)

by striking the second sentence of subsection (d) and inserting the following: The maximum number specified in the solicitation shall not exceed 5 unless the head of the agency approves the contracting officer’s justification with respect to an individual solicitation that a number greater than 5 is in the Federal Government’s interest. The contracting officer shall provide written documentation of how a maximum number exceeding 5 is consistent with the purposes and objectives of the two-phase selection procedures.; and

(3)

by adding at the end the following new subsection:

(g)

Report

(1)

The Director of the Office of Management and Budget shall require the head of each agency to appoint an individual who shall provide to the Director an annual compilation of each instance the agency awarded a contract pursuant to this section in which—

(A)

more than 5 offerors were selected to submit competitive proposals pursuant to subsection (c)(4); or

(B)

the contract was awarded without using the two-phase selection procedures described in subsection (c).

(2)

The Director shall prepare an annual report containing the information provided by each executive agency under subparagraph (A). The report shall be accessible to the public through electronic means, and the Director shall publish a notice of availability in the Federal Register.

(3)

The Director shall submit to Congress the report prepared under subparagraph (B) for the fiscal year during which this subsection is enacted, and each of the next 4 fiscal years, not later than 60 days after the end of each such fiscal year

.

(c)

GAO report

Not later than the end of fiscal year 2021, the Comptroller General of the United States shall issue a report analyzing the extent to which Federal agencies are in compliance with the reporting requirements in section 2305a(f) of title 10, United States Code, and section 3309(g) of title 41, United States Code.

806.

Permanent authority for use of simplified acquisition procedures for certain commercial items

Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106; 10 U.S.C. 2304 note) is amended by striking subsection (e).

B

Industrial Base Matters

811.

Three-year extension of and amendments to test program for negotiation of comprehensive small business subcontracting plans

(a)

Three-year extension

Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking December 31, 2014 and inserting December 31, 2017.

(b)

Additional requirements for comprehensive subcontracting plans

Subsection (b) of section 834 of such Act is amended—

(1)

in paragraph (1), by striking paragraph (3) and inserting paragraph (4);

(2)

by redesignating paragraph (3) as paragraph (4), and in that paragraph by striking $5,000,000 and inserting $100,000,000; and

(3)

by inserting after paragraph (2) the following new paragraph (3):

(3)

Each comprehensive subcontracting plan of a contractor shall require that the contractor report to the Secretary of Defense on a semi-annual basis the following information:

(A)

The amount of first-tier subcontract dollars awarded during the six-month period covered by the report to covered small business concerns, with the information set forth separately—

(i)

by North American Industrial Classification System code;

(ii)

by major defense acquisition program, as defined in section 2430(a) of title 10, United States Code;

(iii)

by contract, if the contract is for the maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment and the total value of the contract, including options, exceeds $100,000,000; and

(iv)

by military department.

(B)

The total number of subcontracts active under the test program during the six-month period covered by the report that would have otherwise required a subcontracting plan under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)).

(C)

Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans.

(D)

Costs avoided by adoption of a comprehensive subcontracting plan.

(E)

Any other information required by the Department of Defense to complete the study required by subsection (f).

.

(c)

Additional consequence for failure to make good faith effort to comply

(1)

Amendments

Subsection (d) of section 834 of such Act is amended—

(A)

by striking Company-wide and inserting Comprehensive in the heading;

(B)

by striking company-wide and inserting comprehensive subcontracting; and

(C)

by adding at the end the following: In addition, any such failure shall be a factor considered as part of the evaluation of past performance of an offeror..

(2)

Repeal of suspension of subsection (d)

Section 402 of Public Law 101–574 (15 U.S.C. 637 note) is repealed.

(d)

Additional report

(1)

In general

Paragraph (1) of section 834(f) of such Act is amended by striking March 1, 1994, and March 1, 2012 and inserting September 30, 2015.

(2)

Correction of reference to committee

Such paragraph is further amended by striking Committees and all that follows through the end of such paragraph and inserting the following: Committees on Armed Services and on Small Business of the House of Representatives and the Committees on Armed Services and on Small Business and Entrepreneurship of the Senate.

(e)

Additional definitions

(1)

Covered small business concern

Subsection (g) of section 834 of such Act is amended to read as follows:

(g)

Definitions

In this section, the term covered small business concern includes each of the following:

(1)

A small business concern, as that term is defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a));

(2)

A small business concern owned and controlled by veterans, as that term is defined in section 3(q)(3) of such Act (15 U.S.C. 632(q)(3)).

(3)

A small business concern owned and controlled by service-disabled veterans, as that term is defined in section 3(q)(2) of such Act (15 U.S.C. 632(q)(2)).

(4)

A qualified HUBZone small business concern, as that term is defined under section 3(p)(5) of such Act (15 U.S.C. 632(p)(5)).

(5)

A small business concern owned and controlled by socially and economically disadvantaged individuals, as that term is defined in section 8(d)(3)(C) of such Act (15 U.S.C. 637(d)(3)(C)).

(6)

A small business concern owned and controlled by women, as that term is defined under section 3(n) of such Act (15 U.S.C. 632(n)).

.

(2)

Conforming amendment

Subsection (a)(1) of section 834 of such Act is amended by striking small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals and inserting covered small business concerns.

812.

Improving opportunities for service-disabled veteran-owned small businesses

(a)

Small Business definition of small business concern consolidated

Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended—

(1)

by amending paragraph (2) to read as follows:

(2)

Small business concern owned and controlled by service-disabled veterans

The term small business concern owned and controlled by service-disabled veterans means a small business concern—

(A)
(i)

not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii)

the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(B)
(i)

not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans; and

(ii)

is included in the database described in section 8127(f) of title 38, United States Code.

; and

(2)

by adding at the end the following:

(6)

Treatment of Businesses After Death of Veteran-Owner

(A)

In general

Subject to subparagraph (C), if the death of a service-disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service-disabled veterans.

(B)

Period described

The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on the earliest of the following dates:

(i)

The date on which the surviving spouse remarries.

(ii)

The date on which the surviving spouse relinquishes an ownership interest in the small business concern.

(iii)

The date that is ten years after the date of the veteran’s death.

(C)

Application to surviving spouse

Subparagraph (A) only applies to a surviving spouse of a veteran with a service-connected disability if—

(i)

the veteran had a service-connected disability rated as 100 percent disabling or died as a result of a service-connected disability; and

(ii)

prior to the death of the veteran and during the period in which the surviving spouse seeks to qualify under this paragraph, the small business concern is included in the database described in section 8127(f) of title 38, United States Code.

.

(b)

Veterans Affairs Definition of small business concern consolidated

Section 8127 of title 38, United States Code, is amended—

(1)

by striking subsection (h); and

(2)

in subsection (l)(2), by striking means and all that follows through the period at the end and inserting the following: has the meaning given that term under section 3(q) of the Small Business Act (15 U.S.C. 632(q))..

(c)

SBA to assume control of verification of ownership and control status of applicants for inclusion in the database of small businesses owned and controlled by service disabled veterans and veterans

The Small Business Act (15 U.S.C. 631 et seq.), as amended by section 815, is further amended by adding at the end the following new section:

49.

Vets First program

In order to increase opportunities for small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans in the Federal marketplace, not later than 180 days after the effective date of this section, the Administrator shall enter into a memorandum of understanding with the Secretary of Veterans Affairs that transfers control and administration of the program under subsections (e) through (g) of section 8127 of title 38, United States Code, to the Administrator, consistent with the following:

(1)

Not later than 270 days after completing the memorandum of understanding, the Administrator shall make rules to carry out the memorandum. If the Administrator does not make such rules by such date, the Administrator may not exercise the authority under section 7(a)(25)(A) until such time as those rules are made.

(2)

The Administrator shall assume authority and responsibility for maintenance and operation of the database and for verifications under the program. Any verifications undertaken by the Administrator shall employ fraud prevention measures at the time of the initial application, through detection and monitoring processes after initial acceptance, by investigating allegations of potential fraud, removing firms that do not quality from the database, and referring cases for prosecution when appropriate.

(3)

Any appeal by a small business concern, at the time that verification is denied or a contract is awarded, of any determination under the program shall be heard by the Office of Hearings and Appeals of the Small Business Administration.

(4)
(A)

The Secretary shall, for a period of 6 years commencing on a date agreed to in the completed memorandum, reimburse to the Administrator of the Small Business Administration any costs incurred by the Administrator for actions undertaken pursuant to the memorandum from fees collected by the Secretary of Veteran Affairs under multiple-award schedule contracts. The Administrator and the Secretary shall endeavor to ensure maximum efficiency in such actions. Any disputes between the Secretary and the Administrator shall be resolved by the Director of the Office of Management and Budget.

(B)

The Secretary and the Administrator may extend the term of the memorandum of understanding, except for the reimbursement requirement under subparagraph (A). The Secretary and the Administrator may in a separate memorandum of understanding provide for an extension of such reimbursement.

(5)

Not later than 180 days after the date of enactment of this section, and every 180 days thereafter, the Secretary and the Administrator shall—

(A)

meet to discuss ways to improve collaboration under the memorandum to increase opportunities for service-disabled veteran-owned small businesses and veteran-owned small businesses; and

(B)

consult with congressionally chartered Veterans Service Organizations to discuss ways to increase opportunities for service-disabled veteran-owned small businesses and veteran-owned small businesses.

(6)

Not later than 180 days after the date of enactment of this section, and every 180 days thereafter, the Secretary and the Administrator shall report to the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives, and the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate on the progress made by the Secretary and the Administrator implementing this section.

(7)

In any meeting required under paragraph (5), the Secretary and the Administrator shall include in the discussion of ways to improve collaboration under the memorandum to increase opportunities for small businesses owned and controlled by service-disabled veterans who are women or minorities and small business concerns owned and controlled by veterans who are women or minorities.

.

(d)

Memorandum of Understanding

Section 8127(f) of title 38, United States Code, is amended by adding at the end the following:

(7)

Not later than 180 days after the effective date of this paragraph, the Secretary shall enter into a memorandum of understanding with the Administrator of the Small Business Administration consistent with section 48 of the Small Business Act, which shall specify the manner in which the Secretary shall notify the Administrator as to whether an individual is a veteran and if that veteran has a service-connected disability.

.

813.

Plan for improving data on bundled and consolidated contracts

Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

(s)

Data quality improvement plan

(1)

In general

Not later than the first day of fiscal year 2016, the Administrator of the Small Business Administration, in consultation with the Small Business Procurement Advisory Council, the Administrator for Federal Procurement Policy, and the Administrator of the General Services Administration shall develop a plan to improve the quality of data reported on bundled and consolidated contracts in the Federal procurement data system.

(2)

Plan requirements

The plan shall—

(A)

describe the roles and responsibilities of the Administrator of the Small Business Administration, the Directors of the Offices of Small and Disadvantaged Business Utilization, the Small Business Procurement Advisory Council, the Administrator for Federal Procurement Policy, the Administrator of the General Services Administration, the senior procurement executives, and Chief Acquisition Officers in implementing the plan described in paragraph (1) and contributing to the annual report required by subsection (p)(4);

(B)

make necessary changes to policies and procedures on proper identification and mitigation of contract bundling and consolidation, and to training procedures of relevant personnel on proper identification and mitigation of contract bundling and consolidation;

(C)

establish consequences for failure to properly identify contracts as bundled or consolidated;

(D)

establish requirements for periodic and statistically valid data verification and validation; and

(E)

assign clear data verification responsibilities.

(3)

Committee briefing

Once finalized and by not later than 90 days prior to implementation, the plan described in this subsection shall be presented to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate.

(4)

Implementation

Not later than the first day of fiscal year 2017, the Administrator of the Small Business Administration shall implement the plan described in this subsection.

(5)

Certification

The Administrator shall annually provide to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate certification of the accuracy and completeness of data reported on bundled and consolidated contracts.

(6)

GAO study and report

(A)

Study

Not later than the first day of fiscal year 2018, the Comptroller General of the United States shall initiate a study on the effectiveness of the plan described in this subsection that shall assess whether contracts were accurately labeled as bundled or consolidated.

(B)

Contracts evaluated

For the purposes of conducting the study described in subparagraph (A), the Comptroller General of the United States—

(i)

shall evaluate, for work in each of sectors 23, 33, 54, and 56 (as defined by the North American Industry Classification System), not fewer than 100 contracts in each sector;

(ii)

shall evaluate only those contracts—

(I)

awarded by an agency listed in section 901(b) of title 31, United States Code; and

(II)

that have a Base and Exercised Options Value, an Action Obligation, or a Base and All Options Value exceeding $10,000,000; and

(iii)

shall not evaluate contracts that have used any set aside authority.

(C)

Report

Not later than 12 months after initiating the study required by subparagraph (A), the Comptroller General of the United States shall report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the results from such study and, if warranted, any recommendations on how to improve the quality of data reported on bundled and consolidated contracts.

(7)

Definitions

In this subsection the following definitions shall apply:

(A)

Chief Acquisition Officer; senior procurement executive

The terms Chief Acquisition Officer and senior procurement executive have the meanings given such terms in section 44 of this Act.

(B)

Federal procurement data system definitions

The terms Base and Exercised Options Value, Action Obligation, Base and All Options Value, and set aside authority have the meanings given such terms by the Administrator for Federal Procurement Policy in the Federal procurement data system on October 1, 2013, or subsequent equivalent terms.

(C)

Definition

For purposes of this section, the term a contract awarded as part of the Federal Strategic Sourcing Initiative shall mean a contract award pursuant to the process established by the Interagency Strategic Sourcing Leadership Council that was created by the Office of Management and Budget pursuant to Memorandum M–13–02 issued on December 5, 2012.

(8)

Study of Strategic Sourcing

(A)

Study

Not later than the last day of fiscal year 2015, the Comptroller General of the United States shall initiate a study on the affect of contracts awarded as part of the Federal Strategic Sourcing Initiative on the small business industrial base.

(B)

Scope

For each North American Classification System Code assigned to a contract awarded as part of the Federal Strategic Sourcing Initiative, the Comptroller General of the United States shall examine the following:

(i)

The number of small business concerns participating as prime contractors in that North American Industrial Classification System code in the federal procurement marketplace prior to the award of a contract awarded as part of the Federal Strategic Sourcing Initiative.

(ii)

The number of small business concerns participating as prime contractors in that North American Industrial Classification System code in the federal procurement marketplace after the award of a contract awarded as part of the Federal Strategic Sourcing Initiative.

(iii)

The number of small business concerns anticipated to be participating as prime contractors in that North American Industrial Classification System code in the federal procurement marketplace at the time that the a contract awarded as part of the Federal Strategic Sourcing Initiative expires.

(iv)

The affect of any changes between subsection (a)(1), (a)(2), and (a)(3) on the health of the small business industrial base, and the sustainability of any savings achieved by contract awarded as part of the Federal Strategic Sourcing Initiative.

(C)

Report

Not later than 12 months after initiating the study required by subparagraph (A), the Comptroller General of the United States shall report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the results from such study and, if warranted, any recommendations on how to mitigate any negative affects on the small business industrial base or the sustainability of savings.

.

814.

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

(a)

Assistance at Small Business Development Centers

Section 21(c)(1) of the Small Business Act (15 U.S.C. 648(c)(1)) is amended by inserting at the end the following: Applicants receiving grants under this section shall also assist small businesses by providing, where appropriate, education on the requirements applicable to small businesses under the regulations issued under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and on compliance with those requirements. .

(b)

Procurement technical assistance

Section 2418 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and on compliance with those requirements.

.

815.

Prohibition on reverse auctions for covered contracts

(a)

Sense of Congress

It is the sense of Congress that, when used appropriately, reverse auctions may improve the Federal Government’s procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses.

(b)

Use of reverse auctions

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1)

by redesignating section 47 as section 48; and

(2)

by inserting after section 46 the following:

47.

Reverse auctions prohibited for covered contracts

(a)

In general

In the case of a covered contract described in subsection (c), reverse auction methods may not be used—

(1)

if the covered contract is suitable for award to a small business concern; or

(2)

if the award is to be made under—

(A)

section 8(a);

(B)

section 8(m);

(C)

section 15(a);

(D)

section 15(j);

(E)

section 31;

(F)

section 36; or

(G)

section 8127 of title 38, United States Code.

(b)

Limitations on using reverse auctions

(1)

Number of offers; revisions to bids

A Federal agency may not award a covered contract using a reverse auction method if only one offer is received or if offerors do not have the ability to submit revised bids throughout the course of the auction.

(2)

Other procurement authority

A Federal agency may not award a covered contract under a procurement provision other than those provisions described in subsection (a)(2) if the justification for using such procurement provision is to use reverse auction methods.

(c)

Definitions

In this section the following definitions apply:

(1)

Covered contract

The term covered contract means a contract—

(A)

for services, including design and construction services; and

(B)

for goods in which the technical qualifications of the offeror constitute part of the basis of award.

(2)

Design and construction services

The term design and construction services means—

(A)

site planning and landscape design;

(B)

architectural and interior design;

(C)

engineering system design;

(D)

performance of construction work for facility, infrastructure, and environmental restoration projects;

(E)

delivery and supply of construction materials to construction sites;

(F)

construction, alteration, or repair, including painting and decorating, of public buildings and public works; and

(G)

architectural and engineering services as defined in section 1102 of title 40, United States Code.

(3)

Reverse auction

The term reverse auction means, with respect to procurement by an agency, a real-time auction conducted through an electronic medium between a group of offerors who compete against each other by submitting offers for a contract or task order with the ability to submit revised offers throughout the course of the auction.

.

(c)

Contracts awarded by Secretary of Veterans Affairs

Section 8127(j) of title 38, United States Code, is amended by adding at the end the following new paragraph:

(3)

The provisions of section 47(a) of the Small Business Act (15 U.S.C. 631 et seq.) (relating to the prohibition on using reverse auction methods to award a contract) shall apply to a contract awarded under this section.

.

816.

Improving Federal Surety Bonds

(a)

Surety bond requirements

Chapter 93 of subtitle VI of title 31, United States Code, is amended—

(1)

by adding at the end the following:

9310.

Individual sureties

If another applicable law or regulation permits the acceptance of a bond from a surety that is not subject to sections 9305 and 9306 and is based on a pledge of assets by the surety, the assets pledged by such surety shall—

(1)

consist of eligible obligations described under section 9303(a); and

(2)

be submitted to the official of the Government required to approve or accept the bond, who shall deposit the assets with a depository described under section 9303(b).

; and

(2)

in the table of contents for such chapter, by adding at the end the following:

9310. Individual sureties

.

(b)

SBA surety bond guarantee

Section 411(c)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(c)(1)) is amended by striking 70 and inserting 90.

(c)

GAO Study

(1)

Study

The Comptroller General of the United States shall carry out a study on the following:

(A)

All instances during the 10-year period prior to the date of enactment of the Act in which a surety bond proposed or issued by a surety in connection with a Federal project was—

(i)

rejected by a Federal contracting officer; or

(ii)

accepted by a Federal contracting officer, but was later found to have been backed by insufficient collateral or to be otherwise deficient or with respect to which the surety did not perform.

(B)

The consequences to the Federal Government, subcontractors, and suppliers of the instances described under paragraph (1).

(C)

The percentages of all Federal contracts that were awarded to new startup businesses (including new startup businesses that are small disadvantaged businesses or disadvantaged business enterprises), small disadvantaged businesses, and disadvantaged business enterprises as prime contractors in the 2-year period prior to and the 2-year period following the date of enactment of this Act, and an assessment of the impact of this Act and the amendments made by this Act upon such percentages.

(2)

Report

Not later than the end of the 3-year period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate containing all findings and determinations made in carrying out the study required under subsection (a).

(3)

Definitions

For purposes of this section:

(A)

Disadvantaged business enterprise

The term disadvantaged business enterprise has the meaning given that term under section 26.5 of title 49, Code of Federal Regulations.

(B)

New startup business

The term new startup business means a business that was formed in the 2-year period ending on the date on which the business bids on a Federal contract that requires giving a surety bond.

(C)

Small disadvantaged business

The term small disadvantaged business has the meaning given that term under section 124.1002(b) of title 13, Code of Federal Regulations.

817.

Publication of required justification that consolidation of contract requirements

Section 44(c)(2)(A) of the Small Business Act (15 U.S.C. 657q(c)(2)(A)) is amended by adding at the end the following: This justification shall be published prior to the issuance of a solicitation..

818.

Small business prime and subcontract participation goals raised; accounting of subcontractors

(a)

Prime contracting goals

Section 15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)) is amended—

(1)

in clause (i), by striking 23 percent and inserting 25 percent; and

(2)

by adding at the end the following new clause:

(vi)

The Governmentwide goal for participation by small business concerns in subcontract awards shall be established at not less than 40 percent of the total value of all subcontract dollars awarded pursuant to section 8(d) of this Act for each fiscal year.

.

(b)

Delayed effective date

The amendment made by subsection (a)(2) of this section shall take effect only beginning on the date on which the Administrator of the Small Business Administration has promulgated any regulations necessary, and the Federal Acquisition Regulation has been revised, to implement section 1614 of the National Defense Authorization Act for Fiscal Year 2014 and the amendments made by such section.

(c)

Repeal of certain provision pertaining to accounting of subcontractors

Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by striking paragraph (3).

819.

Small business cyber education

The Secretary of Defense, in consultation with the Administrator of the Small Business Administration, may make every reasonable effort to promote an outreach and education program to assist small businesses (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) contracted by the Department of Defense to assist such businesses to—

(1)

understand the gravity and scope of cyber threats;

(2)

develop a plan to protect intellectual property; and

(3)

develop a plan to protect the networks of such businesses.

C

Other Matters

821.

Certification of effectiveness for Air Force information technology contracting

(a)

Review required

The Chairman of the Joint Chiefs of Staff shall conduct a review of the Air Force Network-Centric Solutions II (NETCENTS II) contract to ensure that it can effectively meet the requirements of the joint force when providing time- and task-critical information technology resources for hardware, applications, and services related to the warfighting mission area. The review shall examine—

(1)

the effectiveness of contracting for warfighting mission areas, such as nuclear command and control, space situational awareness, or integrated threat warning, with effectiveness determined by the ability to consistently access domain experts and respond to emerging requirements in a timely manner; and

(2)

the efficiency of contracting for the warfighting mission area, with efficiency measured by the amount of time to get new task orders on contract.

(b)

Certification

Based on the findings of the review required by subsection (a), the Chairman of the Joint Chiefs of Staff shall provide a certification to the Committees on Armed Services of the Senate and the House of Representatives that the Air Force’s NETCENTS II contract is effective in delivering information technology capabilities for the joint force. In providing this certification, the Chairman of the Joint Chiefs of Staff shall also provide the complete findings of the review required by subsection (a).

822.

Airlift service

(a)

In general

Chapter 157 of title 10, United States Code, is amended by inserting after section 2631a the following new section:

2631b.

Airlift service

(a)

Requirement

Except as provided in subsections (b) and (c), the transportation of passengers or property by CRAF-eligible aircraft obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service may only be provided by a covered air carrier.

(b)

Applicability

The requirement under subsection (a) applies with respect to transportation that is—

(1)

interstate in the United States;

(2)

between a place in the United States and a place outside the United States; or

(3)

between two places outside the United States.

(c)

Waiver authority

The Secretary of Defense may waive the requirement under subsection (a) if the Secretary determines that—

(1)

no covered air carrier is capable of providing, and willing to provide, the relevant transportation; or

(2)

use of a covered air carrier is otherwise unreasonable.

(d)

Definitions

In this section, the following definitions apply:

(1)

Covered air carrier

The term covered air carrier means an air carrier that—

(A)

has aircraft in the Civil Reserve Air Fleet or offers to place CRAF-eligible aircraft in that fleet; and

(B)

holds a certificate issued under section 41102 of title 49.

(2)

CRAF-eligible aircraft

The term CRAF-eligible aircraft means an aircraft of a type that the Secretary of Defense has determined to be eligible to participate in the Civil Reserve Air Fleet.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2631a the following new item:

2631b. Airlift service.

.

823.

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

Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1701 note) is amended—

(1)

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

(2)

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

(d)

Compliance

(1)

Official

The Secretary of Defense shall designate an official of the Department of Defense to ensure the compliance of this section.

(2)

Report

Not later than 180 days after the date of the enactment of this subsection, such designated official shall submit to the congressional defense committees a report on the compliance of this section.

.

824.

Procurement of personal protective equipment

(a)

Requirement

The Secretary of Defense shall use best value tradeoff source selecti