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H.R. 1735 (114th): National Defense Authorization Act for Fiscal Year 2016


The text of the bill below is as of May 15, 2015 (Passed the House).

Summary of this bill

The National Defense Authorization Act for Fiscal Year 2016 is a comprehensive defense spending bill. At almost 1,000 pages long it will direct funding for procurement, research, and operation of defense technology, establish military policy, and address other matters pertaining to national defense. It has been passed by the House with 19 amendments, and is currently being reviewed by the Senate with 333 amendments proposed.

Unfortunately GovTrack does not have the staff to summarize the contents of the whole bill and all proposed amendments. We have instead included summaries of recent amendments agreed to and rejected on June 4.

Agreed to:

Sen. Rob Portman (R-OH) proposed an amendment to ...


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114th CONGRESS

1st Session

H. R. 1735

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To authorize appropriations for fiscal year 2016 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

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2016.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding Tables.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

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 AN/TPQ–53 radar systems.

Sec. 112. Prioritization of upgraded UH–60 Blackhawk helicopters within Army National Guard.

Sec. 113. Report on options to accelerate replacement of UH–60A Blackhawk helicopters of Army National Guard.

Sec. 114. Sense of Congress on tactical wheeled vehicle protection kits.

Subtitle C—Navy Programs

Sec. 121. Modification to multiyear procurement authority for Arleigh Burke class destroyers and associated systems.

Sec. 122. Procurement authority for aircraft carrier programs.

Subtitle D—Air Force Programs

Sec. 131. Limitation on availability of funds for executive communications upgrades for C–20 and C–37 aircraft.

Sec. 132. Backup inventory status of A–10 aircraft.

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

Sec. 134. Prohibition on retirement of EC–130H aircraft.

Sec. 135. Limitation on availability of funds for divestment or transfer of KC–10 aircraft.

Sec. 136. Sense of Congress regarding the OCONUS basing of the F–35A aircraft.

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

Sec. 141. Limitation on availability of funds for Joint Battle Command–Platform.

Sec. 142. Strategy for replacement of A/MH–6 Mission Enhanced Little Bird aircraft to meet special operations requirements.

Sec. 143. Independent assessment of United States Combat Logistic Force requirements.

Sec. 144. Report on use of different types of enhanced 5.56 mm ammunition by the Army and the Marine Corps.

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. Extension of defense research and development rapid innovation program.

Sec. 212. Limitation on availability of funds for medical countermeasures program.

Sec. 213. Limitation on availability of funds for F–15 infrared search and track capability development.

Sec. 214. Independent assessment of F135 engine program.

Subtitle C—Other Matters

Sec. 221. Expansion of education partnerships to support technology transfer and transition.

Sec. 222. Strategies for engagement with historically black colleges and universities and minority-serving institutions of higher education.

Sec. 223. Plan for advanced weapons technology war games.

Sec. 224. Comptroller General Review of autonomic logistics information system for F–35 Lightening II aircraft.

Sec. 225. Briefing on shallow water combat submersible program.

Sec. 226. Report on graduate fellowships in support of science, mathematics, and engineering education.

Sec. 227. Sense of Congress Regarding FFRDC Facilitation of a High Quality Technical Workforce.

Sec. 228. Funding for MV–22A digital interoperability program.

Sec. 229. Commercial-off-the-shelf wide-area surveillance systems for Army tactical unmanned aerial systems.

Sec. 230. Report on Tactical Combat Training System Increment II.

Sec. 231. Improvement to coordination and communication of defense research activities.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Sec. 302. Additional authorization of appropriations for the Office of Economic Adjustment.

Subtitle B—Energy and Environment

Sec. 311. Limitation on procurement of drop-in fuels.

Sec. 312. Southern Sea Otter Military Readiness Areas.

Sec. 313. Revision to scope of statutorily required review of projects relating to potential obstructions to aviation so as to apply only to energy projects.

Sec. 314. Exclusions from definition of chemical substance under Toxic Substances Control Act.

Sec. 315. Exemption of Department of Defense from alternative fuel procurement requirement.

Sec. 316. Limitation on plan, design, refurbishing, or construction of biofuels refineries.

Sec. 317. Comprehensive study on impact of proposed ozone rule.

Sec. 318. Report on merger of Office of Assistant Secretary for Operational Energy Plans and Deputy Under Secretary for Installations and Environment.

Subtitle C—Logistics and Sustainment

Sec. 321. Assignment of certain new requirements based on determinations of cost-efficiency.

Sec. 322. Inclusion in annual technology and industrial capability assessments of a determination about defense acquisition program requirements.

Sec. 323. Amendment to limitation on authority to enter into a contract for the sustainment, maintenance, repair, or other overhaul of the F117 engine.

Sec. 324. Pilot programs for availability of working-capital funds for product improvements.

Sec. 325. Report on equipment purchased from foreign entities that could be manufactured in United States arsenals or depots.

Subtitle D—Other Matters

Sec. 333. Improvements to Department of Defense excess property disposal.

Sec. 334. Access to wireless high-speed Internet and network connections for certain members of the Armed Forces deployed overseas.

Sec. 335. Temporary authority to extend contracts and leases under the ARMS Initiative.

Sec. 336. Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance.

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 2016 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.

Sec. 422. Report on force structure of the Army.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Equitable treatment of junior officers excluded from an all-fully-qualified-officers list because of administrative error.

Sec. 502. Authority to defer until age 68 mandatory retirement for age of a general or flag officer serving as Chief or Deputy Chief of Chaplains of the Army, Navy, or Air Force.

Sec. 503. Implementation of Comptroller General recommendation on the definition and availability of costs associated with general and flag officers and their aides.

Subtitle B—Reserve Component Management

Sec. 511. Clarification of purpose of reserve component special selection boards as limited to correction of error at a mandatory promotion board.

Sec. 512. Ready Reserve continuous screening regarding key positions disqualifying Federal officials from continued service in the Ready Reserve.

Sec. 513. Exemption of military technicians (dual status) from civilian employee furloughs.

Sec. 514. Annual report on personnel, training, and equipment requirements for the non-Federalized National Guard to support civilian authorities in prevention and response to non-catastrophic domestic disasters.

Sec. 515. National Guard civil and defense support activities and related matters.

Sec. 516. Electronic tracking of operational active-duty service performed by members of the Ready Reserve of the Armed Forces.

Subtitle C—Consolidation of Authorities to Order Members of Reserve Components to Perform Duty

Sec. 521. Administration of reserve duty.

Sec. 522. Reserve duty authorities.

Sec. 523. Purpose of reserve duty.

Sec. 524. Training and other duty performed by members of the National Guard.

Sec. 525. Conforming and clerical amendments.

Sec. 526. Effective date and implementation.

Subtitle D—General Service Authorities

Sec. 531. Temporary authority to develop and provide additional recruitment incentives.

Sec. 532. Expansion of authority to conduct pilot programs on career flexibility to enhance retention of members of the Armed Forces.

Sec. 533. Modification of notice and wait requirements for change in ground combat exclusion policy for female members of the Armed Forces.

Sec. 534. Role of Secretary of Defense in development of gender-neutral occupational standards.

Sec. 535. Burdens of proof applicable to investigations and reviews related to protected communications of members of the Armed Forces and prohibited retaliatory actions.

Sec. 536. Revision of name on military service record to reflect change in gender identity after separation from the Armed Forces.

Sec. 537. Establishment of breastfeeding policy for the Department of the Army.

Sec. 538. Sense of Congress recognizing the diversity of the members of the Armed Forces.

Sec. 539. Establishment of process by which members of the Armed Forces may carry a concealed personal firearm on a military installation.

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

Sec. 541. Improvements to Special Victims’ Counsel program.

Sec. 542. Department of Defense civilian employee access to Special Victims’ Counsel.

Sec. 543. Access to Special Victims’ Counsel for former dependents of members and former members of the Armed Forces.

Sec. 544. Representation and assistance from Special Victims’ Counsel in retaliatory proceedings.

Sec. 545. Timely notification to victims of sex-related offenses of the availability of assistance from Special Victims’ Counsel.

Sec. 546. Participation by victim in punitive proceedings and access to records.

Sec. 547. Victim access to report of results of preliminary hearing under Article 32 of the Uniform Code of Military Justice.

Sec. 548. Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces.

Sec. 549. Strategy to prevent retaliation against members of the Armed Forces who report or intervene on behalf of the victim in instances of sexual assault.

Sec. 550. Improved Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces.

Sec. 551. Sexual assault prevention and response training for administrators and instructors of the Junior and Senior Reserve Officers’ Training Corps.

Sec. 552. Modification of Manual for Courts-Martial to require consistent preparation of the full record of trial.

Sec. 553. Inclusion of additional information in annual reports regarding Department of Defense sexual assault prevention and response.

Sec. 554. Retention of case notes in investigations of sex-related offenses involving members of the Army, Navy, Air Force, or Marine Corps.

Sec. 555. Additional guidance regarding release of mental health records of Department of Defense medical treatment facilities in cases involving any sex-related offense.

Sec. 556. Public availability of records of certain proceedings under the Uniform Code of Military Justice.

Sec. 557. Revision of Department of Defense Directive-type Memorandum 15–003, relating to Registered Sex Offender Identification, Notification, and Monitoring in the Department of Defense.

Sec. 558. Improved implementation of changes to Uniform Code of Military Justice.

Subtitle F—Member Education, Training, and Transition

Sec. 561. Availability of preseparation counseling for members of the Armed Forces discharged or released after limited active duty.

Sec. 562. Availability of additional training opportunities under Transition Assistance Program.

Sec. 563. Enhancements to Yellow Ribbon Reintegration Program.

Sec. 564. Appointments to military service academies from nominations made by Delegates in Congress from the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Sec. 565. Recognition of additional involuntary mobilization duty authorities exempt from five-year limit on reemployment rights of persons who serve in the uniformed services.

Sec. 566. Job Training and Post-Service Placement Executive Committee.

Sec. 567. Direct employment pilot program for members of the National Guard and Reserve.

Sec. 568. Program regarding civilian credentialing for skills required for certain military occupational specialties.

Sec. 569. Mariner training.

Sec. 570. Report on civilian and military education to respond to future threats.

Sec. 570a. Availability of cyber security and IT certifications for Department of Defense personnel critical to network defense.

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

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

Sec. 572. Extension of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

Sec. 573. Support for efforts to improve academic achievement and transition of military dependent students.

Sec. 574. Study regarding feasibility of using DEERS to track dependents of members of the Armed Forces and Department of Defense civilian employees who are elementary or secondary education students.

Sec. 575. Sense of Congress regarding support for dependents of members of the Armed Forces attending specialized camps.

Subtitle H—Decorations and Awards

Sec. 581. Authorization for award of the Distinguished-Service Cross for acts of extraordinary heroism during the Korean War.

Sec. 582. Limitation on authority of Secretaries of the military departments regarding revocation of combat valor awards.

Sec. 583. Award of Purple Heart to members of the Armed Forces who were victims of the Oklahoma City, Oklahoma, bombing.

Sec. 584. Atomic veterans service medal.

Sec. 585. Posthumous commission as captain in the regular Army for Milton Holland.

Sec. 586. Sense of Congress supporting the decision of the Army to posthumously promote Master Sergeant (retired) Naomi Horwitz to Sergeant Major.

Subtitle I—Reports and Other Matters

Sec. 591. Authority for United States Air Force Institute of Technology to charge and retain tuition for instruction of persons other than Air Force personnel detailed for instruction at the Institute.

Sec. 592. Honoring certain members of the reserve components as veterans.

Sec. 593. Sense of Congress regarding support for military divers.

Sec. 594. Transfer and adoption of military animals.

Sec. 595. Coordination with non-government suicide prevention organizations and agencies to assist in reducing suicides.

Sec. 596. Sense of Congress on desirability of service-wide adoption of Gold Star Installation Access Card.

Sec. 597. Annual report on performance of regional offices of the Department of Veterans Affairs.

Sec. 598. Preliminary mental health screenings for individuals becoming members of the Armed Forces.

Sec. 599. Report regarding new rulemaking under the Military Lending Act and Defense Manpower Data Center reports and meetings.

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. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel.

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.

Sec. 616. Increase in maximum annual amount of nuclear officer bonus pay.

Sec. 617. Modification to special aviation incentive pay and bonus authorities for officers.

Sec. 618. Repeal of obsolete special travel and transportation allowance for survivors of deceased members of the Armed Forces from the Vietnam conflict.

Subtitle C—Modernization of Military Retirement System

Sec. 631. Full participation for members of the uniformed services in Thrift Savings Plan.

Sec. 632. Modernized retirement system for members of the uniformed services.

Sec. 633. Continuation pay for full TSP members with 12 years of service.

Sec. 634. Effective date and implementation.

Subtitle D—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 641. Preserving Assured Commissary Supply to Asia and the Pacific.

Sec. 642. Prohibition on replacement or consolidation of defense commissary and exchange systems pending submission of required report on defense commissary system.

Subtitle E—Other Matters

Sec. 651. Improvement of financial literacy and preparedness of members of the Armed Forces.

Sec. 652. 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. Joint uniform formulary for transition of care.

Sec. 702. Access to broad range of methods of contraception approved by the Food and Drug Administration for members of the Armed Forces and military dependents at military treatment facilities.

Sec. 703. Access to contraceptive method for duration of deployment.

Sec. 704. Access to infertility treatment for members of the Armed Forces and dependents.

Sec. 705. Access to TRICARE Prime for certain beneficiaries.

Subtitle B—Health Care Administration

Sec. 711. Unified medical command.

Sec. 712. Licensure of mental health professionals in TRICARE program.

Sec. 713. Reports on proposed realignments of military medical treatment facilities.

Sec. 714. Pilot program for operation of network of retail pharmacies under TRICARE pharmacy benefits program.

Subtitle C—Reports and Other Matters

Sec. 721. Extension of authority for DOD-VA Health Care Sharing Incentive Fund.

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

Sec. 723. Limitation on availability of funds for Department of Defense Healthcare Management Systems Modernization.

Sec. 724. Primary blast injury research.

Sec. 725. Sense of Congress regarding mental health counseling for members of the Armed Forces and families.

Sec. 726. Provision of transportation of dependent patients relating to obstetrical anesthesia services.

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

Sec. 800. Sense of Congress on the desired tenets of the defense acquisition system.

Subtitle A—Acquisition Policy and Management

Sec. 801. Report on linking and streamlining requirements, acquisition, and budget processes within Armed Forces.

Sec. 802. Required review of acquisition-related functions of the Chiefs of Staff of the Armed Forces.

Sec. 803. Independent study of matters related to bid protests.

Sec. 804. Procurement of commercial items.

Sec. 805. Modification to information required to be submitted by offeror in procurement of major weapon systems as commercial items.

Sec. 806. Amendment relating to multiyear contract authority for acquisition of property.

Sec. 807. Compliance with inventory of contracts for services.

Subtitle B—Workforce Development and Related Matters

Sec. 811. Amendments to Department of Defense Acquisition Workforce Development Fund.

Sec. 812. Dual-track military professionals in operational and acquisition specialities.

Sec. 813. Provision of joint duty assignment credit for acquisition duty.

Sec. 814. Requirement for acquisition skills assessment biennial strategic workforce plan.

Sec. 815. Mandatory requirement for training related to the conduct of market research.

Sec. 816. Independent study of implementation of defense acquisition workforce improvement efforts.

Sec. 817. Extension of demonstration project relating to certain acquisition personnel management policies and procedures.

Subtitle C—Weapon Systems Acquisition and Related Matters

Sec. 821. Sense of Congress on the desired characteristics for the weapon systems acquisition system.

Sec. 822. Acquisition strategy required for each major defense acquisition program and major system.

Sec. 823. Revision to requirements relating to risk management in development of major defense acquisition programs and major systems.

Sec. 824. Modification to requirements relating to determination of contract type for major defense acquisition programs and major systems.

Sec. 825. Required determination before Milestone A approval or initiation of major defense acquisition programs.

Sec. 826. Required certification and determination before Milestone B approval of major defense acquisition programs.

Subtitle D—Industrial Base Matters

Sec. 831. Codification and amendment of Mentor-Protege Program.

Sec. 832. Amendments to data quality improvement plan.

Sec. 833. Notice of contract consolidation for acquisition strategies.

Sec. 834. Clarification of requirements related to small business contracts for services.

Sec. 835. Review of Government access to intellectual property rights of private sector firms.

Sec. 836. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 837. Policy regarding solid rocket motors used in tactical missiles.

Sec. 838. FAR Council membership for Administrator of Small Business Administration.

Sec. 839. Surety bond requirements and amount of guarantee.

Sec. 840. Certification requirements for procurement center representatives, Business Opportunity Specialists, and commercial market representatives.

Sec. 841. Including subcontracting goals in agency responsibilities.

Sec. 842. Modifications to requirements for qualified HUBZone small business concerns located in a base closure area.

Sec. 843. Joint venturing and teaming.

Sec. 844. Modification to and scorecard program for small business contracting goals.

Sec. 845. Establishment of an Office of Hearings and Appeals in the Small Business Administration; petitions for reconsideration of size standards.

Sec. 846. Limitations on reverse auctions.

Sec. 847. Sense of Congress on procurement of fire hoses.

Subtitle E—Other Matters

Sec. 851. Additional responsibility for Director of Operational Test and Evaluation.

Sec. 852. Use of recent prices paid by the Government in the determination of price reasonableness.

Sec. 853. Codification of other transaction authority for certain prototype projects.

Sec. 854. Amendments to certain acquisition thresholds.

Sec. 855. Revision of method of rounding when making inflation adjustment of acquisition-related dollar thresholds.

Sec. 856. Repeal of requirement for stand-alone manpower estimates for major defense acquisition programs.

Sec. 857. Examination and guidance relating to oversight and approval of services contracts.

Sec. 858. Streamlining of requirements relating to defense business systems.

Sec. 859. Consideration of strategic materials in preliminary design review.

Sec. 860. Procurement of personal protective equipment.

Sec. 861. Amendments concerning detection and avoidance of counterfeit electronic parts.

Sec. 862. Revision to duties of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Deputy Assistant Secretary of Defense for Systems Engineering.

Sec. 863. Extension of limitation on aggregate annual amount available for contract services.

Sec. 864. Use of lowest price, technically acceptable evaluation method for procurement of audit or audit readiness services.

Sec. 865. Exception for AbilityOne products from authority To acquire products and services produced in Afghanistan, Central Asian States, and Djibouti.

Sec. 866. Effective communication between government and industry.

Sec. 867. Strengthening program and project management performance.

Sec. 868. Sychronization of defense acquisition curricula.

Sec. 869. Research and analysis of defense acquisition policy.

Sec. 870. Standards for orocurement of secure information technology and cyber security systems.

Sec. 871. Modifications to the justification and approval process for certain sole-source contracts for small business concerns.

Title IX—Department of Defense Organization and Management

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

Sec. 902. Change of period for Chairman of the Joint Chiefs of Staff review of the unified command plan.

Sec. 903. Update of statutory specification of functions of the Chairman of the Joint Chiefs of Staff relating to joint force development activities.

Sec. 904. Sense of Congress on the United States Marine Corps.

Sec. 905. Additional requirements for streamlining of Department of Defense management headquarters.

Sec. 906. Sense of Congress on performance management and workforce incentive system.

Sec. 907. Guidelines for conversion of functions performed by civilian or contractor personnel to performance by military personnel.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization and naval reactors.

Sec. 1003. Accounting standards to value certain property, plant, and equipment items.

Sec. 1004. Report on auditable financial statements.

Subtitle B—Counter-Drug Activities

Sec. 1011. Extension of authority to provide additional support for counter-drug activities of certain foreign governments.

Sec. 1012. Statement of policy on Plan Central America.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Restrictions on the overhaul and repair of vessels in foreign shipyards.

Sec. 1022. Extension of authority for reimbursement of expenses for certain Navy mess operations afloat.

Sec. 1023. Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.

Sec. 1024. Limitation on the use of funds for removal of ballistic missile defense capabilities from Ticonderoga class cruisers.

Subtitle D—Counterterrorism

Sec. 1031. Permanent authority to provide rewards through Government personnel of allied forces and certain other modifications to Department of Defense program to provide rewards.

Sec. 1032. Congressional notification of sensitive military operations.

Sec. 1033. Repeal of semiannual reports on obligation and expenditure of funds for combating terrorism program.

Sec. 1034. Reports to Congress on contact between terrorists and individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Inclusion in reports to Congress information about recidivism of individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1036. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1037. 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. 1038. Prohibition on use of funds to transfer or release individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to combat zones.

Sec. 1039. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.

Sec. 1040. Submission to Congress of certain documents relating to transfer of individuals detained at Guantanamo to Qatar.

Sec. 1041. Submission of unredacted copies of documents relating to the transfer of certain individuals detained at Guantanamo to Qatar.

Sec. 1042. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to Yemen.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1051. Enhancement of authority of Secretary of Navy to use National Sea-Based Deterrence Fund.

Sec. 1052. Department of Defense excess property program.

Sec. 1053. Limitation on transfer of certain AH–64 apache helicopters from Army National Guard to regular Army and related personnel levels.

Sec. 1054. Space available travel for environmental morale leave by certain spouses and children of deployed members of the Armed Forces.

Sec. 1055. Information-related and strategic communications capabilities engagement pilot program.

Sec. 1056. Prohibition on use of funds for retirement of helicopter sea combat squadron 84 and 85 aircraft.

Sec. 1057. Limitation on availability of funds for destruction of certain landmines.

Sec. 1058. Limitation on availability of funds for modifying command and control of United States Pacific Fleet.

Sec. 1059. Prohibition on the closure of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1060. Prohibition on use of funds for realignment of forces at or closure of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1060a. Civilian Aviation Asset Military Partnership Pilot Program.

Sec. 1060b. Sale or donation of excess personal property for border security activities.

Sec. 1060c. Limitation on use of funds to deactivate 440th airlift wing.

Subtitle F—Studies and Reports

Sec. 1061. Provision of defense planning guidance and contingency planning guidance information to Congress.

Sec. 1062. Modification of certain reports submitted by Comptroller General of the United States.

Sec. 1063. Report on implementation of the geographically distributed force laydown in the area of responsibility of United States Pacific Command.

Sec. 1064. Independent study of national security strategy formulation process.

Sec. 1065. Study and report on role of Department of Defense in formulation of long-term strategy.

Sec. 1066. Report on potential threats to members of the Armed Forces of United States Naval Forces Central Command and United States Fifth Fleet in Bahrain.

Sec. 1067. Report on the status of detection, identification, and disablement capabilities related to remotely piloted aircraft.

Sec. 1068. Report on options to accelerate the training of remotely piloted aircraft pilots.

Sec. 1069. Expedited meetings of the National Commission on the Future of the Army.

Subtitle G—Repeal or Revision of National Defense Reporting Requirements

Sec. 1071. Repeal or revision of reporting requirements related to military personnel issues.

Sec. 1072. Repeal or revision of reporting requirements relating to readiness.

Sec. 1073. Repeal or revision of reporting requirements related to naval vessels and Merchant Marine.

Sec. 1074. Repeal or revision of reporting requirements related to nuclear, proliferation, and related matters.

Sec. 1075. Repeal or revision of reporting requirements related to missile defense.

Sec. 1076. Repeal or revision of reporting requirements related to acquisition.

Sec. 1077. Repeal or revision of reporting requirements related to civilian personnel.

Sec. 1078. Repeal or revision of miscellaneous reporting requirements.

Subtitle H—Other Matters

Sec. 1081. Technical and clerical amendments.

Sec. 1082. Executive agent for the oversight and management of alternative compensatory control measures.

Sec. 1083. Navy support of Ocean Research Advisory Panel.

Sec. 1084. Level of readiness of Civil Reserve Air Fleet carriers.

Sec. 1085. Authorization of transfer of surplus firearms to Corporation for the Promotion of Rifle Practice and Firearms Safety .

Sec. 1086. Modification of requirements for transferring aircraft within the Air Force inventory.

Sec. 1087. Reestablishment of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack.

Sec. 1088. Department of Defense strategy for countering unconventional warfare.

Sec. 1089. Mine countermeasures master plan.

Sec. 1090. Congressional notification and briefing requirement on ordered evacuations of United States embassies and consulates involving the use of United States Armed Forces.

Sec. 1091. Determination and disclosure of transportation costs incurred by Secretary of Defense for congressional trips outside the United States.

Sec. 1092. Interagency Hostage Recovery Coordinator.

Sec. 1093. Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities.

Sec. 1094. Sense of Congress regarding technical correction.

Sec. 1095. Observance of Veterans Day.

Sec. 1096. Business case analysis of decision to maintain C130J aircraft at Keesler Air Force Base, Mississippi.

Sec. 1097. Sense of Congress regarding cyber resiliency of National Guard networks and communications systems.

Sec. 1098. Sense of congress on paid-for patriotism.

Title XI—Civilian Personnel Matters

Sec. 1101. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1102. Authority to provide additional allowances and benefits for defense clandestine service employees.

Sec. 1103. Extension of rate of overtime pay for Department of the Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan.

Sec. 1104. Modification to temporary authorities for certain positions at Department of Defense research and engineering facilities.

Sec. 1105. Preference eligibility for members of reserve components of the armed forces appointed to competitive service; clarification of appeal rights.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. One-year extension of logistical support for coalition forces supporting certain United States military operations.

Sec. 1202. Strategic framework for Department of Defense security cooperation.

Sec. 1203. Modification and two-year extension of National Guard State Partnership Program.

Sec. 1204. Extension of authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries.

Sec. 1205. Monitoring and evaluation of overseas humanitarian, disaster, and civic aid programs of the Department of Defense.

Subtitle B—Matters relating to Afghanistan and Pakistan

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

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

Sec. 1213. Sense of Congress on United States policy and strategy in Afghanistan.

Sec. 1214. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 1215. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1216. Assistance for Afghan translators, interpreters, and administrative aids.

Sec. 1217. Report on efforts to engage United States manufacturers in procurement opportunities related to equipping the Afghan National Security Forces.

Sec. 1218. Report on access to financial records of the Government of Afghanistan to audit the use of funds for assistance for Afghanistan.

Sec. 1219. Sense of Congress relating to Dr. Shakil Afridi.

Subtitle C—Matters relating to Syria and Iraq

Sec. 1221. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1222. Comprehensive strategy for the Middle East and to counter Islamic extremism.

Sec. 1223. Modification of authority to provide assistance to counter the Islamic State of Iraq and the Levant.

Sec. 1224. Report on United States Armed Forces deployed in support of Operation Inherent Resolve.

Sec. 1225. Modification of authority to provide assistance to the vetted Syrian opposition.

Sec. 1226. Assistance to the Government of Jordan for border security operations.

Sec. 1227. Report on efforts of Turkey to fight terrorism.

Sec. 1228. Report to assess the potential effectiveness of and requirements for the establishment of safe zones or a no-fly zone in Syria.

Subtitle D—Matters relating to Iran

Sec. 1231. Extension of annual report on military power of Iran.

Sec. 1232. Sense of Congress on the Government of Iran’s nuclear program and its malign military activities.

Sec. 1233. Report on military posture required in the Middle East to deter Iran from developing a nuclear weapon.

Sec. 1234. Limitation on military-to-military exchanges and contacts with Iran.

Sec. 1235. Security guarantees associated with Iran’s nuclear weapons program.

Sec. 1236. Rule of construction.

Subtitle E—Matters relating to the Russian Federation

Sec. 1241. Notifications and updates relating to testing, production, deployment, and sale or transfer to other states or non-state actors of the Club-K cruise missile system by the Russian Federation.

Sec. 1242. Notifications of deployment of nuclear weapons by Russian Federation to territory of Ukrainian Republic.

Sec. 1243. Non-compliance by the Russian Federation with its obligations under the INF Treaty.

Sec. 1244. Modification of notification and assessment of proposal to modify or introduce new aircraft or sensors for flight by the Russian Federation under Open Skies Treaty.

Sec. 1245. Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1246. Sense of Congress on support for Georgia.

Sec. 1247. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1248. Limitation on military contact and cooperation between the United States and the Russian Federation.

Sec. 1249. Limitation on funds for implementation of the New START Treaty.

Subtitle F—Matters relating to the Asia-Pacific region

Sec. 1251. Sense of Congress recognizing the 70th anniversary of the end of Allied military engagement in the Pacific theater.

Sec. 1252. Sense of Congress regarding consolidation of United States military facilities in Okinawa, Japan.

Sec. 1253. Strategy to promote United States interests in the Indo-Asia-Pacific region.

Sec. 1254. Sense of Congress on the United States alliance with Japan.

Sec. 1255. Sense of Congress on opportunities to enhance the United States alliance with the Republic of Korea.

Sec. 1256. Requirement to submit Department of Defense policy regarding foreign disclosure or technology release of Aegis Ashore capability to allies.

Sec. 1257. Requirement to invite the military forces of Taiwan to participate in RIMPAC Exercises.

Subtitle G—Other matters

Sec. 1261. Non-conventional assisted recovery capabilities.

Sec. 1262. Amendment to the annual report under Arms Control and Disarmament Act.

Sec. 1263. Permanent authority for NATO special operations headquarters.

Sec. 1264. Extension of authorization to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.

Sec. 1265. Limitation on availability of funds for research, development, test, and evaluation, Air Force, for arms control implementation.

Sec. 1266. Modification of authority for support of special operations to combat terrorism.

Sec. 1267. United States-Israel anti-tunnel defense cooperation.

Sec. 1268. Efforts of the Department of Defense to prevent and respond to gender-based violence globally.

Sec. 1269. Combating crime through intelligence capabilities.

Sec. 1270. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1271. Assessment of the military capability of the Republic of Cyprus.

Sec. 1272. Sense of congress on the defense relationship between the United States and the Republic of India.

Sec. 1273. Sense of Congress on evacuation of United States citizens and nationals from Yemen.

Sec. 1274. Report on impact of any significant reduction in United States troop levels or materiel in Europe on NATO’s ability to credibly address external threats to any NATO member State.

Sec. 1275. Report on violence and cartel activity in Mexico.

Sec. 1276. Report on actions to ensure Qatar is preventing terrorist leaders and financiers from operating in its country.

Sec. 1277. United States support for Jordan.

Sec. 1278. Report on United States efforts to combat Boko Haram and support regional allies and other partners.

Sec. 1279. Sense of Congress on United States support for Tunisia.

Sec. 1280. Sense of Congress on future of NATO and enlargement initiatives.

Title XIII—Cooperative Threat Reduction

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

Title XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Chemical Agents and Munitions Destruction, Defense.

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1405. Defense Inspector General.

Sec. 1406. Defense Health Program.

Sec. 1407. National Sea-Based Deterrence Fund.

Subtitle B—National Defense Stockpile

Sec. 1411. Extension of date for completion of destruction of existing stockpile of lethal chemical agents and munitions.

Subtitle C—Working-Capital Funds

Sec. 1421. Limitation on furlough of Department of Defense employees paid through working-capital funds.

Sec. 1422. Working-capital fund reserve account for petroleum market price fluctuations.

Subtitle D—Other Matters

Sec. 1431. 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. 1432. 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. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

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

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health program.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—European Reassurance Initiative and Related Matters

Sec. 1531. Statement of policy regarding European Reassurance Initiative.

Sec. 1532. Assistance and sustainment to the military and national security forces of Ukraine.

Subtitle D—Limitations, Reports, and Other Matters

Sec. 1541. Continuation of existing limitation on use of Afghanistan Security Forces Fund.

Sec. 1542. Joint Improvised Explosive Device Defeat Fund.

Sec. 1543. Comptroller General report on use of funds provided for overseas contingency operations.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

Sec. 1601. Major force program and budget for national security space programs.

Sec. 1602. Modification to development of space science and technology strategy.

Sec. 1603. Rocket propulsion system development program.

Sec. 1604. Modification to prohibition on contracting with Russian suppliers of rocket engines for the evolved expendable launch vehicle program.

Sec. 1605. Delegation of authority regarding purchase of Global Positioning System user equipment.

Sec. 1606. Acquisition strategy for evolved expendable launch vehicle program.

Sec. 1607. Procurement of wideband satellite communications.

Sec. 1608. Limitation on availability of funds for weather satellite follow-on system.

Sec. 1609. Modification of pilot program for acquisition of commercial satellite communication services.

Sec. 1610. Prohibition on reliance on China and Russia for space-based weather data.

Sec. 1611. Evaluation of exploitation of space-based infrared system against additional threats.

Sec. 1612. Plan on full integration and exploitation of overhead persistent infrared capability.

Sec. 1613. Options for rapid space reconstitution.

Sec. 1614. Sense of Congress on space defense.

Sec. 1615. Sense of Congress on missile defense sensors in space.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Executive agent for open-source intelligence tools.

Sec. 1622. Waiver and congressional notification requirements related to facilities for intelligence collection or for special operations abroad.

Sec. 1623. Prohibition on National Intelligence Program consolidation.

Sec. 1624. Limitation on availability of funds for Distributed Common Ground System of the Army.

Sec. 1625. Limitation on availability of funds for Distributed Common Ground System of the United States Special Operations Command.

Sec. 1626. Limitation on availability of funds for Office of the Under Secretary of Defense for Intelligence.

Sec. 1627. Clarification of annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands.

Sec. 1628. Department of Defense intelligence needs.

Sec. 1629. Report on management of certain programs of Defense intelligence elements.

Sec. 1630. Government Accountability Office review of intelligence input to the defense acquisition process.

Subtitle C—Cyberspace-Related Matters

Sec. 1641. Codification and addition of liability protections relating to reporting on cyber incidents or penetrations of networks and information systems of certain contractors.

Subtitle D—Nuclear Forces

Sec. 1651. Organization of nuclear deterrence functions of the Air Force.

Sec. 1652. Assessment of threats to National Leadership Command, Control, and Communications System.

Sec. 1653. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1654. Annual briefing on the costs of forward-deploying nuclear weapons in Europe.

Sec. 1655. Sense of Congress on importance of cooperation and collaboration between United States and United Kingdom on nuclear issues.

Sec. 1656. Sense of Congress on organization of Navy for nuclear deterrence mission.

Sec. 1657. Prohibition on de-alerting intercontinental ballistic missiles.

Sec. 1658. Sense of Congress on Plan for Implementation of Nuclear Enterprise Reviews.

Sec. 1659. Report on the number of planned nuclear-armed cruise missiles.

Subtitle E—Missile Defense Programs

Sec. 1661. Prohibitions on providing certain missile defense information to Russian Federation.

Sec. 1662. Prohibition on integration of missile defense systems of China into missile defense systems of United States.

Sec. 1663. Prohibition on integration of missile defense systems of Russian Federation into missile defense systems of United States and NATO.

Sec. 1664. Limitation on availability of funds for long-range discriminating radar.

Sec. 1665. Limitations on availability of funds for Patriot lower tier air and missile defense capability of the Army.

Sec. 1666. Integration and interoperability of air and missile defense capabilities of the United States.

Sec. 1667. Integration of allied missile defense capabilities.

Sec. 1668. Missile defense capability in Europe.

Sec. 1669. Availability of funds for Iron Dome short-range rocket defense system.

Sec. 1670. Israeli Cooperative Missile Defense Program co-development and potential co-production.

Sec. 1671. Development and deployment of multiple-object kill vehicle for missile defense of the United States homeland.

Sec. 1672. Boost phase defense system.

Sec. 1673. East Coast homeport of sea-based X-band radar.

Sec. 1674. Plan for medium range ballistic missile defense sensor alternatives for enhanced defense of Hawaii.

Sec. 1675. Research and development of non-terrestrial missile defense layer.

Sec. 1676. Aegis Ashore capability development.

Sec. 1677. Briefings on procurement and planning of left-of-launch capability.

Sec. 1678. Designation of preferred location of additional missile defense site in the United States.

Sec. 1679. Report relating to the costs associated with extending the life of the Minuteman III intercontinental ballistic missile.

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. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

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

Sec. 2106. Extension of authorizations of certain fiscal year 2012 projects.

Sec. 2107. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2108. Additional authority to carry out certain fiscal year 2016 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. Extension of authorizations of certain fiscal year 2012 projects.

Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2207. Townsend Bombing Range expansion, phase 2.

Title XXIII—Air Force Military Construction

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2010 project.

Sec. 2306. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2307. Modification of authority to carry out certain fiscal year 2015 project.

Sec. 2308. Extension of authorization of certain fiscal year 2012 project.

Sec. 2309. Extension of authorization of certain fiscal year 2013 project.

Sec. 2310. Limitation on project authorization to carry out certain fiscal year 2016 project.

Title XXIV—Defense Agencies Military Construction

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. Modification of authority to carry out certain fiscal year 2012 project.

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

Sec. 2406. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2407. Modification and extension of authority to carry out certain fiscal year 2014 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 2013 project.

Sec. 2612. Extension of authorizations of certain fiscal year 2012 projects.

Sec. 2613. Extension of authorizations of certain fiscal year 2013 projects.

Title XXVII—Base Realignment and Closure Activities

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

Sec. 2702. Prohibition on conducting additional Base Realignment and Closure (BRAC) round.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Revision of congressional notification thresholds for reserve facility expenditures and contributions to reflect congressional notification thresholds for minor construction and repair projects.

Sec. 2802. Authority for acceptance and use of contributions from Kuwait for construction, maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces.

Sec. 2803. Defense laboratory modernization pilot program.

Sec. 2804. Special authority for minor military construction projects for child development program facilities.

Sec. 2805. Sense of Congress regarding base housing projects.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Enhancement of authority to accept conditional gifts of real property on behalf of military service academies.

Sec. 2812. Consultation requirement in connection with Department of Defense major land acquisitions.

Sec. 2813. Additional master plan reporting requirements related to main operating bases, forward operating sites, and cooperative security locations of Central Command and Africa Command Areas of Responsibility.

Sec. 2814. Force-structure plan and infrastructure inventory and assessment of infrastructure necessary to support the force structure.

Sec. 2815. Arsenal Installation Reutilization Authority.

Subtitle C—Provisions Related to Asia-Pacific Military Realignment

Sec. 2821. Restriction on development of public infrastructure in connection with realignment of Marine Corps forces in Asia-Pacific region.

Sec. 2822. Annual report on Government of Japan contributions toward realignment of Marine Corps forces in Asia-Pacific region.

Subtitle D—Land Conveyances

Sec. 2831. Land exchange authority, Mare Island Army Reserve Center, Vallejo, California.

Sec. 2832. Land exchange, Navy outlying landing field, Naval Air Station, Whiting Field, Florida.

Sec. 2833. Release of property interests retained in connection with land conveyance, Fort Bliss Military Reservation, Texas.

Sec. 2834. Release of property interests retained in connection with land conveyance, Camp Villere, Louisiana.

Sec. 2835. Land conveyance, Campion Air Force Radar Station, Galena, Alaska.

Subtitle E—Military Land Withdrawals

Sec. 2841. Withdrawal and reservation of public land, Naval Air Weapons Station China Lake, California.

Sec. 2842. Bureau of Land Management withdrawn military lands efficiency and savings.

Subtitle F—Military Memorials, Monuments, and Museums

Sec. 2851. Renaming site of the Dayton Aviation Heritage National Historical Park, Ohio.

Sec. 2852. Extension of authority for establishment of commemorative work in honor of Brigadier General Francis Marion.

Sec. 2853. Amendments to the National Historic Preservation Act.

Subtitle G—Other Matters

Sec. 2861. Modification of Department of Defense guidance on use of airfield pavement markings.

Sec. 2862. Protection and recovery of Greater Sage Grouse.

Sec. 2863. Use of Military Operations Areas for national security activities.

Sec. 2864. Renaming of the Captain William Wylie Galt Great Falls Armed Forces Readiness Center in honor of Captain John E. Moran, a recipient of the Medal of Honor.

Sec. 2865. Implementation of lesser prairie-chicken range-wide conservation plan and other conservation measures.

Sec. 2866. Removal of endangered species status for American burying beetle.

Title XXIX—Overseas Contingency Operations Military Construction

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

Sec. 2902. Authorized Navy construction and land acquisition projects.

Sec. 2903. Authorized Air Force construction and land acquisition projects.

Sec. 2904. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2905. Authorization of appropriations.

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. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Authorized personnel levels of National Nuclear Security Administration.

Sec. 3112. Full-time equivalent contractor personnel levels.

Sec. 3113. Improvement to accountability of Department of Energy employees and projects.

Sec. 3114. Cost-benefit analyses for competition of management and operating contracts.

Sec. 3115. Nuclear weapon design responsiveness program.

Sec. 3116. Disposition of weapons-usable plutonium.

Sec. 3117. Prohibition on availability of funds for fixed site radiological portal monitors in foreign countries.

Sec. 3118. Prohibition on availability of funds for provision of defense nuclear nonproliferation assistance to Russian Federation.

Sec. 3119. Limitation on authorization of production of special nuclear material outside the United States by foreign country with nuclear naval propulsion program.

Sec. 3120. Limitation on availability of funds for development of certain nuclear nonproliferation technologies.

Sec. 3121. Limitation on availability of funds for unilateral disarmament.

Sec. 3122. Use of best practices for capital asset projects and nuclear weapon life extension programs.

Sec. 3123. Life extension programs covered by selected acquisition reports.

Subtitle C—Plans and Reports

Sec. 3131. Root cause analyses for certain cost overruns.

Sec. 3132. Extension and modification of certain annual reports on nuclear nonproliferation.

Sec. 3133. Governance and management of nuclear security enterprise.

Sec. 3134. Assessments on nuclear proliferation risks and nuclear nonproliferation opportunities.

Sec. 3135. Independent review of laboratory-directed research and development programs.

Sec. 3136. Establishment of microlab pilot program.

Subtitle D—Other matters

Sec. 3141. Transfer, decontamination, and decommissioning of nonoperational facilities.

Sec. 3142. Research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3143. Plutonium pit production capacity.

Sec. 3144. Analysis of alternatives for Mobile Guardian Transporter program.

Sec. 3145. Development of strategy on risks to nonproliferation caused by additive manufacturing.

Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. Administration 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 2016.

Sec. 3502. Sense of Congress regarding Maritime Security Fleet program.

Sec. 3503. Update of references to the Secretary of Transportation regarding unemployment insurance and vessel operators.

Sec. 3504. Reliance on classification society certification for purposes of eligibility for certificate of inspection.

Sec. 3505. Payment for Maritime Security Fleet vessels.

Sec. 3506. Melville Hall of United States Merchant Marine Academy.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—PROCUREMENT

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

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

Title XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

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

Sec. 4303. Operation and maintenance for overseas contingency operations for base requirements.

Title XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Title XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Title XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

3.

Congressional defense committees

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

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 2016 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 AN/TPQ–53 radar systems

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for AN/TPQ–53 radar systems, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Assistant Secretary of the Army for Acquisition, Technology, and Logistics submits to the congressional defense committees the review under subsection (b).

(b)

Review

The Assistant Secretary of the Army for Acquisition, Technology, and Logistics shall—

(1)

review the appropriateness of the current delegation of milestone decision authority for the AN/TPQ–53 radar program to the Program Executive Officer for Missiles and Space; and

(2)

submit to the congressional defense committees such review.

112.

Prioritization of upgraded UH–60 Blackhawk helicopters within Army National Guard

(a)

Prioritization of upgrades

Not later than 180 days after the date of the enactment of this Act, the Chief of the National Guard Bureau shall issue guidance regarding the fielding of upgraded UH–60 Blackhawk helicopters to units of the Army National Guard. Such guidance shall prioritize for such fielding the units of the Army National Guard with assigned UH–60 helicopters that have the most flight hours and the highest annual usage rates within the UH–60 fleet of the Army National Guard, consistent with the force generation unit readiness requirements of the Army.

(b)

Report

Not later than 30 days after which the Chief of the National Guard Bureau issues the guidance under subsection (a), the Chief shall submit to the congressional defense committees a report that details such guidance.

113.

Report on options to accelerate replacement of UH–60A Blackhawk helicopters of Army National Guard

Not later than March 1, 2016, the Secretary of the Army shall submit to the congressional defense committees a report containing detailed options for the potential acceleration of the replacement of all UH–60A helicopters of the Army National Guard by not later than September 30, 2020. The report shall include the following:

(1)

The additional funding and quantities required, listed by each of fiscal years 2017 through 2020, for H–60M production, UH–60A-to-L RECAP, and UH–60L-to-V RECAP that is necessary to achieve such replacement of all UH–60A helicopters by September 30, 2020.

(2)

Any industrial base limitations that may affect such acceleration, including with respect to the production schedules for the other variants of the UH–60 helicopter.

(3)

The potential effects of such acceleration on the planned replacement of all UH–60A helicopters of the regular components of the Armed Forces by September 30, 2025.

(4)

Identification of any additional funding or resources required to train members of the National Guard to operate and maintain UH–60M aircraft in order to achieve such replacement of all UH–60A helicopters by September 30, 2020.

(5)

Any other matters the Secretary determines appropriate.

114.

Sense of Congress on tactical wheeled vehicle protection kits

It is the sense of Congress that—

(1)

Army personnel face an increasingly complex and evolving threat environment that requires advanced and effective technology to protect our soldiers while allowing them to effectively carry out their mission;

(2)

the heavy tactical vehicle protection kits program provides the Army with improved and necessary ballistic protection for the heavy tactical vehicle fleet;

(3)

a secure heavy tactical vehicle fleet provides the Army with greater logistical tractability and offers soldiers the necessary flexibility to tailor armor levels based on threat levels and mission requirements; and

(4)

as Congress provides for a modern and secure Army, it is necessary to provide the appropriate funding levels to meet its tactical wheeled vehicle protection kits acquisition objectives.

C

Navy Programs

121.

Modification to multiyear procurement authority for Arleigh Burke class destroyers and associated systems

Section 123(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1655) is amended by inserting or Flight III after Flight IIA.

122.

Procurement authority for aircraft carrier programs

(a)

Procurement authority in support of construction of Ford class aircraft carriers

(1)

Authority for economic order quantity

The Secretary of the Navy may procure materiel and equipment in support of the construction of the Ford class aircraft carriers designated CVN–80 and CVN–81 in economic order quantities when cost savings are achievable.

(2)

Liability

Any contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

(b)

Refueling and complex overhaul of Nimitz class aircraft carriers

(1)

In general

The Secretary of the Navy may carry out the nuclear refueling and complex overhaul of each of the following Nimitz class aircraft carriers:

(A)

U.S.S. George Washington (CVN–73).

(B)

U.S.S. John C. Stennis (CVN–74).

(C)

U.S.S. Harry S. Truman (CVN–75).

(D)

U.S.S. Ronald Reagan (CVN–76).

(E)

U.S.S. George H.W. Bush (CVN–77).

(2)

Use of incremental funding

With respect to any contract entered into under paragraph (1) for the nuclear refueling and complex overhaul of a Nimitz class aircraft carrier, the Secretary may use incremental funding for a period not to exceed six years after advance procurement funds for such nuclear refueling and complex overhaul effort are first obligated.

(3)

Condition for out-year contract payments

Any contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2016 is subject to the availability of appropriations for that purpose for that later fiscal year.

D

Air Force Programs

131.

Limitation on availability of funds for executive communications upgrades for C–20 and C–37 aircraft

(a)

Limitation

Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for the Air Force may be obligated or expended to upgrade the executive communications of C–20 and C–37 aircraft until the date on which the Secretary of the Air Force certifies in writing to the congressional defense committees that such upgrades do not—

(1)

cause such aircraft to exceed any weight limitation; or

(2)

reduce the operational capability of such aircraft.

(b)

Waiver

The Secretary may waive the limitation in subsection (a) if the Secretary—

(1)

determines that such waiver is necessary for the national security interests of the United States; and

(2)

notifies the congressional defense committees of such waiver.

132.

Backup inventory status of A–10 aircraft

(a)

Maximum number

In carrying out section 133(b)(2)(A) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3315), the Secretary of the Air Force may not move more than 18 A–10 aircraft in the active component to backup flying status pursuant to an authorization made by the Secretary of Defense under such section.

(b)

Conforming amendment

Such section 133(b)(2)(A) is amended by striking 36 and inserting 18.

133.

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

(a)

Prohibition on availability of funds for retirement

Except as provided by section 132, none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft.

(b)

Additional limitations on retirement

(1)

In general

Except as provided by section 132, and in addition to the limitation in subsection (a), during the period before December 31, 2016, the Secretary of the Air Force may not retire, prepare to retire, or place in storage or on backup flying status any A–10 aircraft.

(2)

Minimum inventory requirement

The Secretary of the Air Force shall ensure the Air Force maintains a minimum of 171 A–10 aircraft designated as primary mission aircraft inventory.

(c)

Prohibition on availability of funds for significant reductions in manning levels

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for the Air Force may be obligated or expended to make significant reductions to manning levels with respect to any A–10 aircraft squadrons or divisions.

(d)

Additional limitation on significant reductions in manning levels

In addition to the limitation in subsection (c), during the period before December 31, 2016, the Secretary of the Air Force may not make significant reductions to manning levels with respect to any A–10 aircraft squadrons or divisions.

(e)

Study on replacement capability requirements or mission platform for the A–10 aircraft

(1)

Independent assessment required

(A)

In general

The Secretary of the Air Force shall commission an appropriate entity outside the Department of Defense to conduct an assessment of the required capabilities or mission platform to replace the A–10 aircraft. This assessment would represent preparatory work to inform an analysis of alternatives.

(B)

Elements

The assessment required under subparagraph (A) shall include each of the following:

(i)

Future needs analysis for the current A–10 aircraft mission set to include troops-in-contact/close air support, air interdiction, strike control and reconnaissance, and combat search and rescue support in both contested and uncontested battle environments. At a minimum, the needs analysis should specifically address the following areas:

(I)

The ability to safely and effectively conduct troops-in-contact/danger close missions or missions in close proximity to civilians in the presence of the air defenses found with enemy ground maneuver units.

(II)

The ability to effectively target and destroy moving, camouflaged, or dug-in troops, and artillery.

(III)

The ability to engage, target, and destroy tanks and armored personnel carriers, including with respect to the carrying capacity of armor-piercing weaponry, including mounted cannons and missiles.

(IV)

The ability to remain within visual range of friendly forces and targets to facilitate responsiveness to ground forces and minimize re-attack times.

(V)

The ability to safely conduct close air support beneath low cloud ceilings and in reduced visibilities at low airspeeds in the presence of the air defenses found with enemy ground maneuver units.

(VI)

The ability of the pilot and aircraft to survive direct hits from small arms, machine guns, MANPADs, and lower caliber anti-aircraft artillery organic or attached to enemy ground forces and maneuver units.

(VII)

The ability to communicate effectively with ground forces and downed pilots, including in communications jamming or satellite-denied environments.

(VIII)

The ability to execute the missions described in subclauses (I), (II), (III), and (IV) in a GPS- or satellite-denied environment with or without sensors.

(IX)

The ability to deliver multiple lethal firing passes and sustain long loiter endurance to support friendly forces throughout extended ground engagements.

(X)

The ability to operate from unprepared dirt, grass, and narrow road runways and to generate high sortie rates under these austere conditions.

(ii)

Identification and assessment of gaps in the ability of existing and programmed mission platforms in providing required capabilities to conduct missions specified in clause (i) in both contested and uncontested battle environments.

(iii)

Assessment of operational effectiveness of existing and programmed mission platforms to conduct missions specified in clause (i) in both contested and uncontested battle environments.

(iv)

Assessment of probability of likelihood of conducting missions requiring troops-in-contact/close air support operations specified in clause (i) in contested environments as compared to uncontested environments.

(v)

Any other matters the independent entity or the Secretary of the Air Force determines to be appropriate.

(2)

Report

(A)

In general

Not later than September 30, 2016, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the assessment required under paragraph (1).

(B)

Form

The report required under subparagraph (A) may be submitted in classified form, but shall also contain an unclassified executive summary and may contain an unclassified annex.

(3)

Nonduplication of effort

If any information required under paragraph (1) has been included in another report or notification previously submitted to Congress by law, the Secretary of the Air Force may provide a list of such reports and notifications at the time of submitting the report required under paragraph (2) in lieu of including such information in the report required under paragraph (2).

134.

Prohibition on retirement of EC–130H aircraft

(a)

Prohibition on availability of funds for retirement

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any EC–130H aircraft.

(b)

Additional limitation on retirement

In addition to the limitation in subsection (a), the Secretary of the Air Force may not retire, prepare to retire, or place in storage or on backup flying status any EC–130H aircraft until a period of 60 days has elapsed following the date on which the Secretary submits the report under subsection (c)(3)(A).

(c)

Study on replacement capability requirements or mission platform for the EC–130H aircraft

(1)

In general

The Secretary of the Air Force shall commission an assessment of the required capabilities or mission platform to replace the EC–130H aircraft. This assessment would represent preparatory work to inform an analysis of alternatives.

(2)

Elements

The assessment required under paragraph (1) shall include each of the following:

(A)

Future needs analysis for the current EC–130H aircraft electronic warfare mission set to include suppression of sophisticated enemy air defense systems, advanced radar jamming, avoiding radar detection, communications, sensing, satellite navigation, command and control, and battlefield awareness.

(B)

A review of operating concepts for airborne electronic attack.

(C)

An assessment of upgrades to the electronic warfare systems of EC–130H aircraft, the costs of such upgrades, and expected upgrades through 2025, and the expected service life of EC–130H aircraft.

(D)

A review of the global proliferation of more sophisticated air defenses and advanced commercial digital electronic devices which counter the airborne electronic attack capabilities of the United States by state and non-state actors.

(E)

An assessment of the ability of the current EC–130H fleet to meet to meet tasking requirements of the combatant commanders.

(F)

Any other matters the Secretary determines appropriate.

(3)

Report

(A)

In general

Not later than September 30, 2016, the Secretary shall submit to the congressional defense committees a report that includes the assessments required under subparagraph (1).

(B)

Form

The report under subparagraph (A) may be submitted in classified form, but shall also contain an unclassified executive summary and may contain an unclassified annex.

(4)

Nonduplication of effort

If any information required under paragraph (1) has been included in another report or notification previously submitted to the congressional defense committees by law, the Secretary of the Air Force may provide a list of such reports and notifications at the time of submitting the report required under paragraph (1) instead of including such information in such report.

135.

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 2016 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.

136.

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

(a)

Findings

Congress makes the following findings:

(1)

The Department of Defense is continuing its process of permanently stationing the F–35 aircraft 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 has, from a list of bases which included two United States candidate bases in Alaska and three foreign OCONUS candidate bases, selected Eielson Air Force Base as the preferred alternative for two of Pacific Air Force's F–35A Lightning II squadrons in Alaska.

(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 aircraft, should continue to 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.

E

Defense-wide, Joint, and Multiservice Matters

141.

Limitation on availability of funds for Joint Battle Command–Platform

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for joint battle command–platform equipment, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Assistant Secretary of the Army for Acquisition, Technology, and Logistics submits to the congressional defense committees the report under subsection (b).

(b)

Report

Not later than March 1, 2016, the Assistant Secretary of the Army for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report that provides a detailed test and evaluation plan to address the effectiveness, suitability, and survivability shortfalls of the joint battle command–platform identified by the Director of Operational Test and Evaluation in the fiscal year 2014 report of the Director submitted to Congress.

142.

Strategy for replacement of A/MH–6 Mission Enhanced Little Bird aircraft to meet special operations requirements

(a)

Strategy

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy for replacing A/MH–6 Mission Enhanced Little Bird aircraft to meet the rotary-wing, light attack, reconnaissance requirements particular to special operations.

(b)

Elements

The strategy under subsection (a) shall include the following:

(1)

An updated schedule and display of programmed A/MH–6 Block 3.0 modernization and upgrades, showing usable life of the fleet, and the anticipated service life extensions of all A/MH–6 platforms.

(2)

A description of current and future rotary-wing, light attack, reconnaissance requirements and platforms particular to special operations, including key performance parameters of future platforms.

(3)

The feasibility of military department-common platforms satisfying future rotary-wing, light attack, reconnaissance requirements particular to special operations.

(4)

The feasibility of commercially available platforms satisfying future rotary-wing, light attack, reconnaissance requirements particular to special operations.

(5)

The anticipated funding requirements for the special operation forces major force program for the development and procurement of an A/MH–6 replacement platform if military department-common platforms described in paragraph (3) are not available or if commercially available platforms described in paragraph (4) are leveraged.

(6)

Any other matters the Secretary considers appropriate.

143.

Independent assessment of United States Combat Logistic Force requirements

(a)

Assessment required

(1)

In general

The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center with appropriate expertise and analytical capability to conduct an assessment of the anticipated future demands of the combat logistics force ships of the Navy and the challenges such ships may face when conducting and supporting future naval operations in contested maritime environments.

(2)

Elements

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

(A)

An assessment of the programmed ability of the United States Combat Logistic Force to support the Navy and the naval forces of allies of the United States that are operating in a dispersed manner and not concentrated in carrier or expeditionary strike groups, in accordance with the concept of distributed lethality of the Navy.

(B)

An assessment of the programmed ability of the United States Combat Logistic Force to support the Navy and the naval forces of allies of the United States that are engaged in major combat operations against an adversary possessing maritime anti-access and area-denial capabilities, including anti-ship ballistic and cruise missiles, land-based maritime strike aircraft, submarines, and sea mines.

(C)

An assessment of the programmed ability of the United States Combat Logistic Force to support distributed and expeditionary air operations from an expanded set of alternative and austere air bases in accordance with concepts under development by the Air Force and the Marine Corps.

(D)

An assessment of gaps and deficiencies in the capability and capacity of the United States Combat Logistic Force to conduct and support operations of the United States and allies under the conditions described in subparagraphs (A), (B), and (C).

(E)

Recommendations for adjustments to the programmed ability of the United States Combat Logistic Force to address capability and capacity gaps and deficiencies described in subparagraph (D).

(F)

Any other matters the federally funded research and development center considers appropriate.

(b)

Report required

(1)

In general

Not later than April 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report that includes the assessment under subsection (a) and any other matters the Secretary considers appropriate.

(2)

Form

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

(c)

Support

The Secretary of Defense shall provide the federally funded research and development center that conducts the assessment under subsection (a) with timely access to appropriate information, data, resources, and analyses necessary for the center to conduct such assessment thoroughly and independently.

144.

Report on use of different types of enhanced 5.56 mm ammunition by the Army and the Marine Corps

(a)

Report

Not later than March 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the use in combat of two different types of enhanced 5.56 mm ammunition by the Army and the Marine Corps.

(b)

Elements

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

(1)

An explanation of the reasons for the Army and the Marine Corps to use in combat two different types of enhanced 5.56 mm ammunition.

(2)

An explanation of the appropriateness, effectiveness, and suitability issues that may arise from the use of such different types of ammunition.

(3)

An explanation of any additional costs that have resulted from the use of such different types of ammunition.

(4)

An explanation of any future plans of the Army or the Marine Corps to eventually transition to using in combat one standard type of enhanced 5.56 mm ammunition.

(5)

If there are no plans described in paragraph (4), an analysis of the potential benefits of a transition described in such paragraph, including the timeline for such a transition to occur.

(6)

Any other matters the Secretary determines appropriate.

II

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A

Authorization of Appropriations

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2016 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.

Extension of defense research and development rapid innovation program

Subsection (d) of section 1073 of the Ike Skeleton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2359 note) is amended by striking through 2015 and inserting through 2020.

212.

Limitation on availability of funds for medical countermeasures program

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Defense-wide, for advanced development and manufacturing activities under the medical countermeasure program, not more than 50 percent may be obligated or expended until 45 days after the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (b).

(b)

Report

The Secretary shall submit to the congressional defense committees a report on the advanced development and manufacturing activities under the medical countermeasure program that includes the following:

(1)

An overall description of the program, including validated Department of Defense requirements.

(2)

Program goals, proposed metrics of performance, and anticipated procurement and operations and maintenance costs during the period covered by the current future years defense program under section 221 of title 10, United States Code.

(3)

The results of any analysis of alternatives and efficiency reviews conducted by the Secretary that justifies the manufacturing and privately financed construction of an advanced manufacturing and development facility rather than using other programs and facilities of the Federal Government or industry facilities for advanced development and manufacturing of medical countermeasures.

(4)

An independent cost-benefit analysis that justifies the manufacturing and privately financed construction of an advanced manufacturing and development facility described in paragraph (3).

(5)

If no independent cost-benefit analysis makes the justification described in paragraph (4), an explanation for why such manufacturing and privately financed construction cannot be so justified.

(6)

Any other matters the Secretary of Defense determines appropriate.

(c)

Comptroller General review

Not later than 60 days after the date on which the Secretary submits the report under subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees a review of such report.

213.

Limitation on availability of funds for F–15 infrared search and track capability development

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Air Force, for F–15 infrared search and track capability, not more than 50 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (b).

(b)

Report

Not later than March 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the requirements and cost estimates for the development and procurement of infrared search and track capability for F/A–18 and F–15 aircraft of the Navy and the Air Force. The report shall include the following:

(1)

A comparison of the requirements between the F/A–18 and F–15 aircraft infrared search and track development efforts of the Navy and the Air Force.

(2)

An explanation of any differences between the F/A–18 and F–15 aircraft infrared search and track capability development efforts of the Navy and the Air Force.

(3)

A summary of the schedules and required funding to develop and field such capability.

(4)

An explanation of any need for the Navy and the Air Force to field different F/A–18 and F–15 aircraft infrared search and track systems.

(5)

Any other matters the Secretary determines appropriate.

214.

Independent assessment of F135 engine program

(a)

Assessment

The Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct an assessment of the F135 engine program.

(b)

Elements

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

(1)

An assessment of the reliability, growth, and cost reduction efforts with respect to the F135 engine program, including—

(A)

a detailed description of the reliability and cost history of the engine;

(B)

the identification of key reliability and cost challenges to the program as of the date of the assessment; and

(C)

the identification of any potential options for addressing such challenges.

(2)

In accordance with subsection (c), a thorough assessment of the incident on June 23, 2014, consisting of an F135 engine failure and subsequent fire, including—

(A)

the identification and definition of the root cause of the incident;

(B)

the identification of potential actions or design changes needed to address such root cause; and

(C)

the associated cost, schedule, and performance implications of such incident to both the F135 engine program and the F–35 Joint Strike Fighter program.

(c)

Conduct of assessment

The federally funded research and development center selected to conduct the assessment under subsection (a) shall carry out subsection (b)(2) by analyzing data collected by the F–35 Joint Program Office, other elements of the Federal Government, or contractors. Nothing in this section may be construed as affecting the plans of the Secretary to dispose of the aircraft involved in the incident described in such subsection (b)(2).

(d)

Report

Not later than March 15, 2016, the Secretary shall submit to the congressional defense committees a report containing the assessment conducted under subsection (a).

C

Other Matters

221.

Expansion of education partnerships to support technology transfer and transition

Section 2194(a) of title 10, United States Code, is amended by inserting after mathematics, the following: technology transfer or transition,.

222.

Strategies for engagement with historically black colleges and universities and minority-serving institutions of higher education

(a)

Military departments

(1)

Strategy

The Secretaries of the military departments shall each develop a strategy for how to engage with and support the development of scientific, technical, engineering, and mathematics capabilities of covered educational institutions in carrying out section 2362 of title 10, United States Code.

(2)

Elements

Each strategy under paragraph (1) shall include the following:

(A)

Goals and vision for maintaining a credible and sustainable program relating to the engagement and support under the strategy.

(B)

Metrics to enhance scientific, technical, engineering, and mathematics capabilities at covered educational institutions, including with respect to measuring progress towards increasing the success of such institutions to compete for broader research funding sources other than set-aside funds.

(C)

Promotion of mentoring opportunities between covered educational institutions and other research institutions.

(D)

Regular assessment of activities that are used to develop, maintain, and grow scientific, technical, engineering, and mathematics capabilities.

(E)

Inclusion of faculty of covered educational institutions into program reviews, peer reviews, and other similar activities.

(F)

Targeting of undergraduate, graduate, and postgraduate students at covered educational institutions for inclusion into research or internship opportunities within the military department.

(b)

Office of the Secretary

The Secretary of Defense shall develop and implement a strategy for how to engage with and support the development of scientific, technical, engineering, and mathematics capabilities of covered educational institutions pursuant to the strategies developed under subsection (a).

(c)

In implementing the requirements of this section, the Secretary of Defense may seek information from the directorates of the Louis Stokes Alliances for Minority Participation program (LSAMP) and Historically Black Colleges and Universities Undergraduate Program (HBCU-UP) of the National Science Foundation; the American Association for the Advancement of Science; the Emerging Researchers National Conference in Science, Technology, Engineering and Mathematics; the University of Florida Institute for African-American Mentoring in Computing Sciences (iAAMCS); the Hispanic Association of Colleges and Universities; the National Indian Education Association; and such other institutions, organizations, or associations as the Secretary deems useful.

(d)

Submission

(1)

Military departments

Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall each submit to the congressional defense committees the strategy developed by the Secretary under subsection (a)(1).

(2)

Office of the Secretary

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 the strategy developed under subsection (b).

(e)

Covered institution defined

In this section, the term covered educational institution has the meaning given that term in section 2362(e) of title 10, United States Code.

223.

Plan for advanced weapons technology war games

(a)

Plan required

The Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall develop a plan for integrating advanced weapons technologies into exercises carried out individually and jointly by the military departments to improve the development and experimentation of various concepts for employment by the Armed Forces.

(b)

Elements

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

(1)

Identification of specific exercises to be carried out individually or jointly by the military departments under the plan.

(2)

Identification of emerging advanced weapons technologies based on joint and individual recommendations of the military departments, including with respect to directed-energy weapons, hypersonic strike systems, autonomous systems, or other technologies as determined by the Secretary.

(3)

A schedule for integrating either prototype capabilities or table-top exercises into relevant exercises.

(4)

A method for capturing lessons learned and providing feedback both to the developers of the advanced weapons technology and the military departments.

(c)

Submission

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan under subsection (a).

224.

Comptroller General Review of autonomic logistics information system for F–35 Lightening II aircraft

(a)

Report

Not later than April 1, 2016, the Comptroller General of the United States shall submit to the congressional defense committees a report on the autonomic logistics information system for the F–35 Lightening II aircraft program.

(b)

Elements

The report under subsection (a) shall include, at a minimum, the following:

(1)

The fielding status, in terms of units equipped with various software and hardware configurations, for the autonomic logistics information system element of the F–35 Lightening II aircraft program, as of the date of the report.

(2)

The development schedule for upgrades to the autonomic logistics information system, and an assessment of the ability of the F–35 Lightening II aircraft program to maintain such schedule.

(3)

The views of maintenance personnel and other personnel involved in operating and maintaining F–35 Lightening II aircraft in testing and operational units.

(4)

The effect of the autonomic logistics information system program on the operational availability of the F–35 Lightening II aircraft program.

(5)

Improvements, if any, regarding the time required for maintenance personnel to input data and use the autonomic logistics information system.

(6)

The ability of the autonomic logistics information system to be deployed on both ships and to forward land-based locations, including any limitations of such a deployable version.

(7)

The cost estimates for development and fielding of the autonomic logistics information system program and an assessment of the capability of the program to address performance problems within the planned resources.

(8)

Other matters regarding the autonomic logistics information system that the Comptroller General determines of critical importance to the long-term viability of the system.

225.

Briefing on shallow water combat submersible program

(a)

In general

Not later than the first article delivery date of the shallow water combat submersible program of the United States Special Operations Command, the Secretary of Defense shall provide to the congressional defense committees a briefing on such program.

(b)

Elements

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

(1)

An updated acquisition strategy, schedule, and costs for the shallow water combat submersible program.

(2)

Major milestones for the program during the period beginning with the delivery of additional articles and ending on the full operational capability date.

(3)

Performance of contractors and subcontractors under the program.

(4)

Integration with dry deck shelter and other diving technologies.

(5)

Any other element the Secretary or the Commander of the United States Special Operations Command determine appropriate.

226.

Report on graduate fellowships in support of science, mathematics, and engineering education

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on—

(1)

the number of individuals from racial or ethnic minority groups, women, and disabled individuals who have participated in the graduate fellowship program under section 2191 of title 10, United States Code, over the ten-year period preceding the date of the report;

(2)

barriers encountered in recruiting individuals from racial and ethnic minority groups, women, and disabled individuals to participate in such programs; and

(3)

recommended policy changes to increase such participation.

227.

Sense of Congress Regarding FFRDC Facilitation of a High Quality Technical Workforce

(a)

Findings

Congress makes the following findings:

(1)

The quality of the United States’ future scientific and technical workforce is a matter of national security concern.

(2)

Department of Defense support for science, technology, engineering, and mathematics education programs facilitates the training of a future scientific and technical workforce that will contribute significantly to Department of Defense research, development, test, and evaluation functions, and the readiness of the future force.

(3)

Federally Funded Research and Development Centers sponsored by the Department of Defense employ a highly skilled workforce that is qualified to support science, technology, engineering, and mathematics education initiatives, including through meaningful volunteer opportunities in primary and secondary educational settings, and through cooperative relationships and arrangements with private sector organizations and State and local governments, to facilitate the training of a future scientific and technical workforce.

(b)

Sense of Congress

It is the Sense of Congress that the Department of Defense should explore using existing authorities for promoting science, technology, engineering, and mathematics programs, such as section 233 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), to allow Federally Funded Research and Development Centers to help facilitate and shape a high quality scientific and technical future workforce that can support Department of Defense needs.

228.

Funding for MV–22A digital interoperability program

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D—

(1)

the amount authorized to be appropriated in section 101 for aircraft procurement, Navy, for the V–22, line 059, as specified in the corresponding funding table in section 4101, for the digital interoperability program is hereby increased by $64,300,000; and

(2)

the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, for the V–22A, line 099, as specified in the corresponding funding table in section 4201, for the digital interoperability program is hereby increased by $10,700,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amounts authorized to be appropriated in section 101 for aircraft procurement, Navy, for spares and repair parts, line 063, as specified in the corresponding funding table in section 4101, is hereby reduced by $75,000,000.

229.

Commercial-off-the-shelf wide-area surveillance systems for Army tactical unmanned aerial systems

(a)

Sense of congress

Congress finds that—

(1)

unmanned aerial systems provide the military services with high-endurance, wide-area surveillance;

(2)

wide-area surveillance has proven to be a significant force multiplier for intelligence gathering and dismounted infantry operations;

(3)

currently fielded wide-area surveillance sensors are too heavy to be incorporated into tactical unmanned aerial systems; and

(4)

the growing commercial market for unmanned aerial systems with full-motion video sensors may offer a commercial-off-the-shelf solution suitable for use on the military services’ tactical unmanned aerial systems.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report that contains the findings of a market survey and flight assessment of commercial-off-the-shelf wide-area surveillance sensors suitable for insertion into Army tactical unmanned aerial systems.

(c)

Elements

The market survey and flight assessment required by subsection (b) shall include—

(1)

specific details regarding the capabilities of current and commercial-off-the-shelf wide-area surveillance sensors utilized on the Army unmanned aerial systems, including—

(A)

daytime and nighttime monitoring coverage;

(B)

video resolution outputs;

(C)

bandwidth requirements;

(D)

activity-based intelligence and forensic capabilities;

(E)

simultaneous region of interest monitoring capability;

(F)

interoperability with other sensors and subsystems currently utilized on Army tactical unmanned aerial systems;

(G)

sensor weight;

(H)

sensor cost; and

(I)

any other factors the Secretary deems relevant;

(2)

an assessment of the impact on Army tactical unmanned aerial systems due to the insertion of commercial-off-the-shelf wide-area surveillance sensors; and

(3)

recommendations to upgrade or enhance the wide-area surveillance sensors of Army tactical unmanned aerial systems, as deemed appropriate by the Secretary.

(d)

Form

The report required under subsection (b) may contain a classified annex.

(e)

Definition

In this section, the term Army tactical unmanned aerial systems includes, at minimum, the MQ–1C Grey Eagle, the MQ–1 Predator, and the MQ–9 Reaper.

230.

Report on Tactical Combat Training System Increment II

(a)

Report to Congress

Not later than January 29, 2016, the Secretary of Navy and the Secretary of the Air Force shall submit to the congressional defense committees a report on the baseline and alternatives to the Navy’s Tactical Air Combat Training System (TCTS) Increment II.

(b)

Contents

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

(1)

An explanation of the rationale for a new start TCTS II program as compared to an incremental upgrade to the existing TCTS system.

(2)

An estimate of total cost to develop, procure, and replace the existing Department of the Navy TCTS architecture with an encrypted TCTS II compared to upgrades to existing TCTS.

(3)

A cost estimate and schedule comparison of achieving encryption requirements into the existing TCTS program as compared to TCTS II.

(4)

A review of joint Department of the Air Force and the Department of the Navy investment in live-virtual-constructive advanced air combat training and planned timeline for inclusion into TCTS II architecture.

(5)

A cost estimate to integrate F-35 aircraft with TCTS II and achieve interoperability between the Department of the Navy and Department of the Air Force.

(6)

A cost estimate for coalition partners to achieve TCTS II interoperability within the Department of Defense.

(7)

An assessment of risks posed by non-interoperable TCTS systems within the Department of the Navy and the Department of the Air Force.

(8)

An explanation of the acquisition strategy for the TCTS program.

(9)

An explanation of key performance parameters for the TCTS II program.

(10)

Any other information the Secretary of the Navy and Secretary of the Air Force determine is appropriate to include.

(c)

Limitation

The Secretary of the Navy shall not proceed with the approval or designation of a contract award for TCTS II until 15 days after the date of the submittal of the report required by subsection (a).

231.

Improvement to coordination and communication of defense research activities

(a)

In general

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

(1)

by striking subsection (a) and inserting the following new subsection:

(a)

Coordination of Department of Defense Research, Development, and Technological Data

The Secretary of Defense shall promote, monitor, and evaluate programs for the communication and exchange of research, development, and technological data—

(1)

among the Defense research facilities, combatant commands, and other organizations that are involved in developing for the Department of Defense the technological requirements for new items for use by combat forces;

(2)

among Defense research facilities and other offices, agencies, and bureaus in the Department that are engaged in related technological matters;

(3)

among other research facilities and other departments or agencies of the Federal Government that are engaged in research, development, and technological matters;

(4)

among private commercial, research institution, and university entities engaged in research, development, and technological matters potentially relevant to defense on a voluntary basis; and

(5)

to the extent practicable, to achieve full awareness of scientific and technological advancement and innovation wherever it may occur, whether funded by the Department of Defense, another element of the Federal Government, or other entities.

;

(2)

in subsection (b), by striking paragraph (3) and inserting the following new paragraph:

(3)

that the managers of such facilities have broad latitude to choose research and development projects based on awareness of activities throughout the technology domain, including within the Federal Government, the Department of Defense, public and private research institutions and universities, and the global commercial marketplace;

; and

(3)

in the section heading, by inserting and technology domain awareness after activities.

(b)

Clerical amendment

The table of sections at the beginning of chapter 139 of such title is amended by striking the item relating to section 2364 and inserting the following:

2364. Coordination and communication of defense research activities and technology domain awareness.

.

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2016 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.

Additional authorization of appropriations for the Office of Economic Adjustment

(a)

Authorization of appropriations

There is authorized to be appropriated to the Secretary of Defense an additional $25,000,000 for the Office of Economic Adjustment to be available, until expended and notwithstanding any other provision of law, for transportation infrastructure improvements associated with congestion mitigation in urban areas related to recommendations of the 2005 Defense Base Closure and Realignment Commission.

(b)

Funding offset

Notwithstanding the amounts set forth in the funding tables in division D, the amounts specified in the funding table in section 4301 of division D, relating to Operation and Maintenance, are each hereby reduced by $5,000,000 (for a total of $25,000,000), as follows:

(1)

Army, Line 540.

(2)

Navy, Line 720.

(3)

Marine Corps, Line 210.

(4)

Air Force, Line 470.

(5)

Defense-wide, Line 340.

B

Energy and Environment

311.

Limitation on procurement of drop-in fuels

(a)

In general

Subchapter II of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

2922h.

Limitation on procurement of drop-in fuels

(a)

Limitation

Except as provided in subsection (b), the Secretary of Defense may not make a bulk purchase of a drop-in fuel for operational purposes unless the fully burdened cost of that drop-in fuel is cost-competitive with the fully burdened cost of a traditional fuel available for the same purpose.

(b)

Waiver

(1)

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

(2)

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

(A)

The rationale of the Secretary for issuing the waiver.

(B)

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

(C)

The expected fully burdened cost of the purchase for which the waiver is issued.

(c)

Definitions

In this section:

(1)

The term drop-in fuel means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment.

(2)

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

(3)

The term operational purposes

(A)

means for the purposes of conducting military operations, including training, exercises, large scale demonstrations, and moving and sustaining military forces and military platforms; and

(B)

does not include research, development, testing, evaluation, fuel certification, or other demonstrations.

(4)

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

.

(b)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2922g the following new item:

2922h. Limitation on procurement of drop-in fuels.

.

312.

Southern Sea Otter Military Readiness Areas

(a)

Establishment of the Southern Sea Otter Military Readiness Areas

Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section:

7235.

Establishment of the Southern Sea Otter Military Readiness Areas

(a)

Establishment

The Secretary of the Navy shall establish areas, to be known as Southern Sea Otter Military Readiness Areas, for national defense purposes. Such areas shall include each of the following:

(1)

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

N. Latitude/W. Longitude
33°27.8′/119°34.3′
33°20.5′/119°15.5′
33°13.5′/119°11.8′
33°06.5′/119°15.3′
33°02.8′/119°26.8′
33°08.8′/119°46.3′
33°17.2′/119°56.9′
33°30.9′/119°54.2′.
(2)

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

(b)

Activities within the Southern Sea Otter Military Readiness Areas

(1)

Incidental takings under Endangered Species Act of 1973

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

(2)

Incidental takings under Marine Mammal Protection Act of 1972

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

(3)

Treatment as species proposed to be listed

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

(c)

Removal

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

(d)

Revision or termination of exceptions

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

(e)

Monitoring

(1)

In general

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

(2)

Reports

Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).

(f)

Definitions

In this section:

(1)

Southern sea otter

The term southern sea otter means any member of the subspecies Enhydra lutris nereis.

(2)

Take

The term take

(A)

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

(B)

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

(3)

Incidental taking

The term incidental taking means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

(4)

Military readiness activity

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

(5)

Optimum sustainable population

The term optimum sustainable population means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.

.

(b)

Clerical amendment

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

7235. Establishment of the Southern Sea Otter Military Readiness Areas.

.

(c)

Conforming amendment

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

313.

Revision to scope of statutorily required review of projects relating to potential obstructions to aviation so as to apply only to energy projects

(a)

Scope of section

Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4200; 49 U.S.C. 44718 note) is amended—

(1)

in subsection (c)(3), by striking from State and local officials or the developer of a renewable energy development or other energy project and inserting from a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project;

(2)

in subsection (c)(4), by striking readiness, and and all that follows and inserting readiness and to clearly communicate actions being taken by the Department of Defense to the party requesting an early project review under this section.;

(3)

in subsection (d)(2)(B), by striking as high, medium, or low;

(4)

by redesignating subsection (j) as subsection (k); and

(5)

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

(j)

Applicability of section

This section does not apply to a non-energy project.

.

(b)

Definitions

Subsection (k) of such section, as redesignated by paragraph (4) of subsection (a), is amended by adding at the end the following new paragraphs:

(4)

The term energy project means a project that provides for the generation or transmission of electrical energy.

(5)

The term non-energy project means a project that is not an energy project.

(6)

The term landowner means a person or other legal entity that owns a fee interest in real property on which a proposed energy project is planned to be located.

.

314.

Exclusions from definition of chemical substance under Toxic Substances Control Act

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.

315.

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..

316.

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.

317.

Comprehensive study on impact of proposed ozone rule

Not earlier than 5 years after the date of the enactment of this Act, the Secretary of Defense shall conduct a comprehensive study on the impact of any final rule that succeeds the proposed regulation entitled National Ambient Air Quality Standards for Ozone (published at 79 Fed. Reg. 75234) on military readiness, including the impact of such rule on training exercises, military installations, land owned and operated by the Department of Defense, the infrastructure upon which the national security system relies, and the impact military activities may have on attainment designations.

318.

Report on merger of Office of Assistant Secretary for Operational Energy Plans and Deputy Under Secretary for Installations and Environment

The Secretary of Defense shall submit to Congress a report on the merger of the Office of the Assistant Secretary of Defense for Operational Energy Plans and the Office of the Deputy Under Secretary of Defense for Installations and Environment under section 901 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3462. Such report shall include—

(1)

a description of how the office is implementing its responsibilities under sections 138(b)(9), 138(c), and 2925(b) of title 10, United States Code, and Department of Defense Directives 5134.15 (Assistant Secretary of Defense for Operational Energy Plans and Programs) and 4280.01 (Department of Defense Energy Policy);

(2)

a description of any efficiencies achieved as a result of the merger; and

(3)

the number of Department of Defense personnel whose responsibilities are focused on energy matters specifically.

C

Logistics and Sustainment

321.

Assignment of certain new requirements based on determinations of cost-efficiency

(a)

Amendment

Chapter 146 of title 10, United States Code, is amended by inserting after section 2463 the following new section:

§ 2463a. Assignment of certain new requirements based on determinations of cost-efficiency

(a)

Assignments based on determinations of cost-efficiency

(1)

Except as provided in paragraph (2) and subject to subsection (b), the assignment of performance of a new requirement by the Department of Defense to members of the armed forces, civilian employees, or contractors shall be based on a determination of which sector of the Department’s workforce can perform the new requirement in the most cost-efficient manner, based on an analysis of the costs to the Federal Government in accordance with Department of Defense Instruction 7041.04 (Estimating and Comparing the Full Costs of Civilian and Active Duty Military Manpower and Contract Support) or successor guidance, consistent with the needs of the Department with respect to factors other than cost, including quality, reliability, and timeliness.

(2)

Paragraph (1) shall not apply in the case of a new requirement that is inherently governmental, closely associated with inherently governmental functions, critical, or required by law to be performed by members of the armed forces or Department of Defense civilian employees.

(3)

Nothing in this section may be construed as affecting the requirements of the Department of Defense under policies and procedures established by the Secretary of Defense under section 129a of this title for determining the most appropriate and cost-efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense.

(b)

Waiver During an Emergency or Exigent Circumstances

The head of an agency may waive subsection (a) for a specific new requirement in the event of an emergency or exigent circumstances, as long as the head of an agency, within 60 days of exercising the waiver, submits to the Committees on Armed Services of the Senate and House of Representatives notice of the specific new requirement involved, where such new requirement is being performed, and the date on which it would be practical to subject such new requirement to the requirements of subsection (a).

(c)

Provisions relating to assignment of civilian personnel

If a new requirement is assigned to a Department of Defense civilian employee consistent with the requirements of this section—

(1)

the Secretary of Defense may not—

(A)

impose any constraint or limitation on the size of the civilian workforce in terms of man years, end strength, full-time equivalent positions, or maximum number of employees; or

(B)

require offsetting funding for civilian pay or benefits or require a reduction in civilian full-time equivalents or civilian end-strengths; and

(2)

the Secretary may assign performance of such requirement without regard to whether the employee is a temporary, term, or permanent employee.

(d)

New requirement described

For purposes of this section, a new requirement is an activity or function that is not being performed, as of the date of consideration for assignment of performance under this section, by military personnel, civilian personnel, or contractor personnel at a Department of Defense component, organization, installation, or other entity. For purposes of the preceding sentence, an activity or function that is performed at such an entity and that is re-engineered, reorganized, modernized, upgraded, expanded, or changed to become more efficient but is still essentially providing the same service shall not be considered a new requirement.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2463 the following new item:

2463a. Assignment of certain new requirements based on determinations of cost-efficiency.

.

322.

Inclusion in annual technology and industrial capability assessments of a determination about defense acquisition program requirements

Section 2505(b) of title 10, United States Code, is amended—

(1)

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

(2)

by inserting after paragraph (2) the following new paragraph (3):

(3)

determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries supporting the sectors or capabilities in the assessment and evaluate the reasons for any variance from applicable preceding determinations;

.

323.

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

Section 341 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3345) is amended—

(1)

by striking Under Secretary of Defense for Acquisition, Technology, and Logistics and all that follows through is paying and inserting Senior Acquisition Executive of the Air Force has determined that the Air Force has obtained sufficient data to establish that the Air Force is paying; and

(2)

by striking the sentence beginning with The Secretary may waive.

324.

Pilot programs for availability of working-capital funds for product improvements

(a)

Pilot programs required

During fiscal year 2016, each of the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Assistant Secretary of the Navy for Research, Development, and Acquisition, and the Assistant Secretary of the Air Force for Acquisition shall initiate a pilot program pursuant to section 330 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68), as amended by section 332 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1697).

(b)

Limitation on availability of funds

A minimum of $5,000,000 of working-capital funds shall be used for each of the pilot programs initiated under subsection (a) for fiscal year 2016.

325.

Report on equipment purchased from foreign entities that could be manufactured in United States arsenals or depots

(a)

Report

Not later than 30 days after the date on which the budget of the President for fiscal year 2017 is submitted to Congress pursuant to section 1105 of title 31, Unites States Code, the Secretary of Defense shall submit to the congressional defense committees a report on the equipment, weapons, weapons systems, components, subcomponents, and end-items purchased from foreign entities that identifies those items which could be manufactured in the military arsenals of the United States or the military depots of the United States to meet the goals of subsection (a) or section 2464 of title 10, United States Code, as well as a plan for moving that workload into such arsenals or depots.

(b)

Elements of report

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

(1)

An identification of items purchased by foreign manufacturers—

(A)

described in section 8302(a)(1) of title 41, United States Code, and purchased from a foreign manufacturer by reason of an exception under section 8302(a)(2)(A) or section 8302(a)(2)(B) of such title;

(B)

described in section 2533b(a)(1) of title 10, United States Code, and purchased from a foreign manufacturer by reason of an exception under section 2533b(b); and

(C)

described in section 2534(a) of such title and purchased from a foreign manufacturer by reason of a waiver exercised under paragraph (1), (2), (4), or (5) of section 2534(d) of such title.

(2)

An assessment of the skills required to manufacture the items identified in paragraph (1) and a comparison of those skills with skills required to meet the critical capabilities identified by the Army Report to Congress on Critical Manufacturing Capabilities and Capacities dated August 2013 and the core logistics capabilities identified by each military service pursuant to section 2464 of title 10, United States Code, as of the date of the enactment of this Act.

(3)

An identification of the tooling, equipment, and facilities upgrades necessary for a military arsenal or depot to perform the manufacturing workload identified under paragraph (1).

(4)

An identification of workload identified in paragraph (1) most appropriate for transfer to military arsenals or depots to meet the goals of subsection (a) or the requirements of section 2464 of title 10, United States Code.

(5)

Such other information the Secretary considers necessary for adherence to paragraphs (4) and (5).

(6)

An explanation of the rationale for continuing to sole-source manufacturing workload identified in paragraph (1) from a foreign source rather than a military arsenal, depot, or other organic facility.

D

Other Matters

333.

Improvements to Department of Defense excess property disposal

(a)

Plan required

Not later than June 30, 2016, the Secretary of Defense shall submit to the congressional defense committees a plan for the improved management and oversight of the systems, processes, and controls involved in the disposition of excess non-mission essential equipment and materiel by the Defense Logistics Agency Disposition Services.

(b)

Contents of plan

At a minimum, the plan shall address each of the following:

(1)

Backlogs of unprocessed property at disposition sites that do not meet Defense Logistics Agency Disposition Services goals.

(2)

Customer wait times.

(3)

Procedures governing the disposal of serviceable items in order to prevent the destruction of excess property eligible for utilization, transfer, or donation before potential recipients are able to view and obtain the property.

(4)

Validation of materiel release orders.

(5)

Assuring adequate physical security for the storage of equipment.

(6)

The number of personnel required to effectively manage retrograde sort yards.

(7)

Managing any potential increase in the amount of excess property to be processed.

(8)

Improving the reliability of Defense Logistics Agency Disposition Services data.

(9)

Procedures for ensuring no property is offered for public sale until all requirements for utilization, transfer, and donation are met.

(10)

Validation of physical inventory against database entries.

(c)

Congressional briefing

By not later than September 30, 2016, the Secretary shall provide to the congressional defense committees a briefing on the actions taken to implement the plan required under subsection (a).

334.

Access to wireless high-speed Internet and network connections for certain members of the Armed Forces deployed overseas

Consistent with section 2492a of title 10, United States Code, the Secretary of Defense is encouraged to enter into contracts with third-party vendors in order to provide members of the Armed Forces who are deployed overseas at any United States military facility, at which wireless high-speed Internet and network connections are otherwise available, with access to such Internet and network connections without charge.

335.

Temporary authority to extend contracts and leases under the ARMS Initiative

Contracts or subcontracts entered into pursuant to section 4554(a)(3)(A) of title 10, United States Code, on or before the date that is five years after the date of the enactment of this Act may include an option to extend the term of the contract or subcontract for an additional 25 years.

336.

Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance

No Department of Defense function that is performed by Department of Defense civilian employees and is tied to a certain military base may be converted to performance by a contractor until the Secretary of Defense conducts an assessment to determine if the Department of Defense has carried out sufficient outreach programs to assist small business concerns owned and controlled by women (as such term is defined in section 8(d)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D))) and small business concerns owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C))) that are located in the geographic area near the military base.

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, 2016, as follows:

(1)

The Army, 475,000.

(2)

The Navy, 329,200.

(3)

The Marine Corps, 184,000.

(4)

The Air Force, 320,715.

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, 475,000.

(2)

For the Navy, 329,200.

(3)

For the Marine Corps, 184,000.

(4)

For the Air Force, 317,000.

.

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, 2016, as follows:

(1)

The Army National Guard of the United States, 342,000.

(2)

The Army Reserve, 198,000.

(3)

The Navy Reserve, 57,400.

(4)

The Marine Corps Reserve, 38,900.

(5)

The Air National Guard of the United States, 105,500.

(6)

The Air Force Reserve, 69,200.

(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, 2016, 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, 30,770.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 9,934.

(4)

The Marine Corps Reserve, 2,260.

(5)

The Air National Guard of the United States, 14,748.

(6)

The Air Force Reserve, 3,032.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2016 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, 26,099.

(2)

For the Army Reserve, 7,395.

(3)

For the Air National Guard of the United States, 22,104.

(4)

For the Air Force Reserve, 9,814.

414.

Fiscal year 2016 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, 2016, 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, 2016, 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, 2016, 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 2016, 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 2016 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 2016.

422.

Report on force structure of the Army

(a)

Report Required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following:

(1)

An assessment by the Secretary of Defense of reports by the Secretary of the Army on the force structure of the Army submitted to Congress under section 1066 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1943) and section 1062 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291).

(2)

An evaluation of the adequacy of the Army force structure proposed for the future-years defense program for fiscal years 2017 through 2021 to meet the goals of the national military strategy of the United States.

(3)

An independent risk assessment by the Chairman of the Joint Chiefs of Staff of the proposed Army force structure and the ability of such force structure to meet the operational requirements of combatant commanders.

(4)

A description of the planning assumptions and scenarios used by the Department of Defense to validate the size and force structure of the Army, including the Army Reserve and the Army National Guard.

(5)

A certification by the Secretary of Defense that the Secretary has reviewed the reports by the Secretary of the Army and the assessments of the Chairman of the Joint Chiefs of Staff and determined that an end strength for active duty personnel of the Army below the end strength level authorized in section 401(1) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) will be adequate to meet the national military strategy of the United States.

(6)

A description of various alternative options for allocating funds to ensure that the end strengths of the Army do not fall below levels of significant risk, as determined pursuant to the risk assessment conducted by the Chairman of the Joint Chief under paragraph (3).

(7)

Such other information or updates as the Secretary of Defense considers appropriate.

(b)

Form

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

V

Military Personnel Policy

A

Officer Personnel Policy

501.

Equitable treatment of junior officers excluded from an all-fully-qualified-officers list because of administrative error

(a)

Officers on active-duty list

Section 624(a)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

(E)

If the Secretary of the military department concerned determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.

.

(b)

Officers on reserve active-Status list

Section 14308(b)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

(E)

If the Secretary of the military department concerned determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.

.

(c)

Conforming amendments to special selection board authority

(1)

Regular components

Section 628(a)(1) of title 10, United States Code, is amended by striking or the name of a person that should have been placed on an all-fully-qualified-officers list under section 624(a)(3) of this title was not so placed,.

(2)

Reserve components

Section 14502(a)(1) of title 10, United States Code, is amended by striking or whose name was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,.

502.

Authority to defer until age 68 mandatory retirement for age of a general or flag officer serving as Chief or Deputy Chief of Chaplains of the Army, Navy, or Air Force

(a)

Deferral authority

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 defer the retirement under subsection (a) of an officer serving in a general or flag officer grade who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force.

(2)

A deferment of the retirement of an officer referred to in paragraph (1) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.

(3)

The authority to defer the retirement of an officer referred to in paragraph (1) expires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.

.

(b)

Clerical amendments

(1)

Section heading

The heading of section 1253 of title 10, United States Code, is amended to read as follows:

1253.

Age 64: regular commissioned officers in general and flag officer grades; exceptions

.

(2)

Table of sections

The table of sections at the beginning of chapter 63 of title 10, United States Code, is amended by striking the item relating to section 1253 and inserting the following new item:

1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions.

.

503.

Implementation of Comptroller General recommendation on the definition and availability of costs associated with general and flag officers and their aides

(a)

Definition of costs

The Secretary of Defense shall direct the Director, Cost Assessment and Program Evaluation, in coordination with the Under Secretary of Defense for Personnel and Readiness and the Secretaries of the military departments, to define the costs that could be associated with general and flag officers, such as security details, Government air travel, enlisted and officer aide housing costs, additional support staff, official residences, and any other associated costs incurred due to the nature of their position, for the purpose of providing a consistent approach to estimating and managing the full costs associated with these officers and aides.

(b)

Report On Costs Associated With General And Flag Officers and Aides

Not later than June 30, 2016, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the costs associated with general and flag officers and their enlisted and officer aides.

B

Reserve Component Management

511.

Clarification of purpose of reserve component special selection boards as limited to correction of error at a mandatory promotion board

Section 14502(b) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking a selection board and inserting a mandatory promotion board convened under section 14101(a) of this title; and

(B)

in subparagraphs (A) and (B), by striking selection board and inserting mandatory promotion board; and

(2)

in the first sentence of paragraph (3)—

(A)

by striking Such board and inserting The special selection board; and

(B)

by striking selection board and inserting mandatory promotion board.

512.

Ready Reserve continuous screening regarding key positions disqualifying Federal officials from continued service in the Ready Reserve

Section 10149 of title 10, United States Code, is amended—

(1)

in subsection (a), by adding at the end the following new paragraph:

(6)

That members who also occupy a Federal key position whose mobilization in an emergency would seriously impair the capability of the parent Federal agency or office to function effectively are not retained in the Ready Reserve.

; and

(2)

by adding at the end the following new subsection:

(c)

In this section, the term Federal key position means a Federal position that shall not be vacated during a national emergency or mobilization without seriously impairing the capability of the parent Federal agency or office to function effectively. There are four categories of Federal key positions, the first three of which are, by definition, key positions while the fourth category requires a case-by-case determination and designation, as follows:

(1)

The Vice President of the United States or any official specified in the order of presidential succession in section 19 of title 3.

(2)

The heads of the Federal agencies appointed by the President with the consent of the Senate, except that this paragraph does not include any position on a multi-member board or commission. Such a position may be designated as a Federal key position only in accordance with paragraph (4).

(3)

Article III Judges. However, each Article III Judge, who is a member of the Ready Reserve and desires to remain in the Ready Reserve, must have his or her position reviewed by the Chief Judge of the affected Judge's Circuit. If the Chief Judge determines that mobilization of the Article III Judge concerned will not seriously impair the capability of the Judge's court to function effectively, the Chief Judge will provide a certification to that effect to the Secretary concerned. Concurrently, the affected Judge will provide a statement to the Secretary concerned requesting continued service in the Ready Reserve and acknowledging that he or she may be involuntarily called to active duty under the laws of the United States and the directives and regulations of the Department of Defense and pledging not to seek to be excused from such orders based upon his or her judicial duties.

(4)

Other Federal positions determined by the head of a Federal Agency.

.

513.

Exemption of military technicians (dual status) from civilian employee furloughs

Section 10216(b)(3) of title 10, United States Code, is amended by inserting after reductions the following: (including temporary reductions by furlough or otherwise).

514.

Annual report on personnel, training, and equipment requirements for the non-Federalized National Guard to support civilian authorities in prevention and response to non-catastrophic domestic disasters

(a)

Annual report required

Section 10504 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking Report.— and inserting Report on State of the National Guard.—(1);

(2)

by striking (b) Submission of report to congress.— and inserting (2);

(3)

by striking annual report of the Chief of the National Guard Bureau and inserting annual report required by paragraph (1); and

(4)

by adding at the end the following new subsection (b):

(b)

Annual report on Non-Federalized service National Guard personnel, training, and equipment requirements

(1)

Not later than January 31 of each of calendar years 2016 through 2022, the Chief of the National Guard Bureau shall submit to the congressional defense committees and the officials specified in paragraph (5) a report setting forth the personnel, training, and equipment required by the National Guard during the next fiscal year to carry out its mission, while not Federalized, to provide prevention, protection mitigation, response, and recovery activities in support of civilian authorities in connection with non-catastrophic natural and man-made disasters.

(2)

To determine the annual personnel, training, and equipment requirements of the National Guard referred to in paragraph (1), the Chief of the National Guard Bureau shall take into account, at a minimum, the following:

(A)

Core civilian capabilities gaps for the prevention, protection, mitigation, response, and recovery activities in connection with natural and man-made disasters, as collected by the Department of Homeland Security from the States.

(B)

Threat and hazard identifications and risk assessments of the Department of Defense, the Department of Homeland Security, and the States.

(3)

Personnel, training, and equipment requirements shall be collected from the States, validated by the Chief of the National Guard Bureau, and be categorized in the report required by paragraph (1) by each of the following:

(A)

Emergency support functions of the National Response Framework.

(B)

Federal Emergency Management Agency regions.

(4)

The annual report required by paragraph (1) shall be prepared in consultation with the chief executive of each State, other appropriate civilian authorities, and the Council of Governors.

(5)

In addition to the congressional defense committees, the annual report required by paragraph (1) shall be submitted to the following officials:

(A)

The Secretary of Defense.

(B)

The Secretary of Homeland Security.

(C)

The Council of Governors.

(D)

The Secretary of the Army.

(E)

The Secretary of the Air Force.

(F)

The Commander of the United States Northern Command.

(G)

The Commander of the United States Cyber Command.

.

(b)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

10504.

Chief of the National Guard Bureau: annual reports

.

(2)

Table of contents

The table of sections at the beginning of chapter 1011 of title 10, United States Code, is amended by striking the item relating to section 10504 and inserting the following new section:

10504. Chief of the National Guard Bureau: annual reports.

.

515.

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.

516.

Electronic tracking of operational active-duty service performed by members of the Ready Reserve of the Armed Forces

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.

C

Consolidation of Authorities to Order Members of Reserve Components to Perform Duty

521.

Administration of reserve duty

Chapter 1209 of title 10, United States Code, is amended—

(1)

by inserting before section 12301 the following subchapter heading:

I

Administration of Reserve Duty

.

(2)

by striking sections 12301, 12302, 12303, 12304, 12310, 12319 and 12322;

(3)

in subsections (a) and (b) of section 12305, by striking section 12301, 12302, or 12304 of this title and inserting section 12341 of this title for a purpose specified under subsections (a) through (e) of section 12351(a) of this title;

(4)

in section 12306—

(A)

in subsection (a), by striking section 12301 and inserting section 12351; and

(B)

in subsection (b)—

(i)

in paragraph (1), by striking section 12301(a) of this title and inserting section 12341 of this title for the purpose specified in section 12351(a) of this title; and

(ii)

in paragraph (2), by striking section 12301(a) and inserting section 12351(a);

(5)

in section 12307, by striking 12301(a) and inserting 12351(a);

(6)

in section 12318—

(A)

in subsection (a), by striking section 12302 or 12304 of this title and inserting section 12341 of this title for a purpose specified under subsection (b) or (c) of section 12351; and

(B)

in subsection (b)—

(i)

by striking section 12310 and inserting section 12353(c); and

(ii)

by striking section 12302 or 12304 and inserting subsection (b) or (c) of section 12351; and

(7)

by inserting after section 12321 the following new section:

12323.

Policies and procedures

(a)

In general

The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe such policies and procedures for the armed forces under their respective jurisdictions as the Secretary considers necessary to carry out this chapter.

(b)

Report to congress

When members of the Ready Reserve are ordered to active duty pursuant to section 12351(b) of this title, the Secretary of Defense shall submit a report, at least once a year, to the Committees on Armed Services of the Senate and the House of Representatives describing the policies and procedures prescribed under subsection (a).

.

522.

Reserve duty authorities

(a)

In general

Chapter 1209 of title 10, United States Code, is further amended by inserting after section 12323, as added by section 521(7) of this Act, the following new subchapter:

(b)

Redesignation of inactive duty to encompass operational and other duties performed while in an active duty status

(1)

References

Any reference that is made in any law, regulation, document, paper, or other record of the United States to inactive-duty training, as such term applies to members of the reserve components of the uniformed services, shall be deemed to be a reference to inactive duty.

(2)

Definition of uniformed services

In this subsection the term uniformed services has the meaning given the term in section 101(a)(5) of title 10, United States Code.

523.

Purpose of reserve duty

Chapter 1209 of title 10, United States Code, is further amended by inserting after section 12343, as added by section 522(a), the following new subchapter:

III

Purpose of Reserve Duty

12351.

Reserve component: required duty

(a)

Mobilization of the reserve components

(1)

In general

In time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty under section 12341 of this title for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available.

(2)

Expansions

So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty as provided in paragraph (1), members of units organized and trained to serve as units who are ordered to that duty without their consent shall be so ordered with their units. However, members of those units may be reassigned after being so ordered to active duty.

(3)

Period of time

The period of time allowed between the date when a Reserve ordered to active duty pursuant to paragraph (1) is alerted for that duty and the date when the Reserve is required to enter upon that duty shall be determined by the Secretary concerned based upon military requirements at that time.

(b)

Ready reserve mobilization

In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty under section 12341 of this title for not more than 24 consecutive months. Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time.

(c)

Call-up of the selected reserve and certain individual ready reserve members; other than during war or national emergency

(1)

In general

Notwithstanding the provisions of subsection (b) or any other provision of law, when the President determines that it is necessary to augment the active forces for any operational mission or that it is necessary to provide assistance referred to in paragraph (2), the President may authorize the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty under section 12341 of this title for not more than 365 days.

(2)

Emergencies

The augmentation under paragraph (1) includes providing assistance in responding to an emergency involving—

(A)

a use or threatened use of a weapon of mass destruction; or

(B)

a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.

(3)

Function limitation

No unit or member of a reserve component may be ordered to active duty pursuant to this subsection to perform any of the functions authorized by chapter 15 of this title or section 12406 of this title or, except as provided in paragraph (2), to provide assistance to the Federal Government or a State in time of a serious natural or manmade disaster, accident, or catastrophe.

(4)

Numerical limitation

Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve may be on active duty pursuant to this subsection at any one time, of whom not more than 30,000 may be members of the Individual Ready Reserve.

(5)

Response capabilities

No unit or member of a reserve component may be ordered to active duty pursuant to this subsection to provide assistance referred to in paragraph (2) unless the President determines that the requirements for responding to an emergency referred to in that subsection have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies.

(6)

Termination

Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty pursuant to paragraph (1), the service of all units or members so ordered to active duty may be terminated by—

(A)

order of the President; or

(B)

law.

(7)

Report

Whenever the President authorizes the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating to order any unit or member of the Selected Reserve or Individual Ready Reserve to active duty, pursuant to paragraph (1), the President shall, within 24 hours after exercising such authority, submit to Congress a report setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of these units or members.

(8)

Rule of construction

Nothing contained in this subsection shall be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(d)

Annual active duty

At any time, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty under section 12341 of this title for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard). The consent of a Governor may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.

(e)

Ready reserve: unsatisfactory participation

(1)

Authority to order to active duty

(A)

In general

Notwithstanding any other provision of law, the President may order to active duty under section 12341 of this title any member of the Ready Reserve of an armed force who—

(i)

is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;

(ii)

has not fulfilled the member’s statutory reserve obligation; and

(iii)

has not served on active duty for a total of 24 months.

(B)

Duration and extension

A member who is ordered to active duty pursuant to paragraph (1) may be required to serve on active duty until the member’s total service on active duty equals 24 months. If the member’s enlistment or other period of military service would expire before the member has served the required period under this paragraph, the enlistment or other period of military service may be extended until the member has served the required period.

(2)

Failure to perform satisfactorily

(A)

In general

A member of the Ready Reserve covered by section 12352 of this title who fails in any year to perform satisfactorily the training duty prescribed in that section, as determined by the Secretary concerned under regulations prescribed by the Secretary of Defense, may be ordered without the member’s consent to perform additional active duty for training under section 12341 of this title for not more than 45 days. If the failure occurs during the last year of the member’s required membership in the Ready Reserve, the member’s membership is extended until the member performs that additional active duty for training, but not for more than six months.

(B)

Army national guard or air national guard

A member of the Army National Guard of the United States or the Air National Guard of the United States who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State (or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard) be ordered, without the member’s consent, to perform additional active duty for training under section 12341 of this title for not more than 45 days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be. However, the consent of a Governor may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.

(f)

Captive status

A member of a reserve component may be ordered to active duty under section 12341 of this title without the member’s consent if the Secretary concerned determines that the member is in a captive status. A member ordered to active duty under this section may not be retained on active duty, without the member’s consent, for more than 30 days after the member’s captive status is terminated.

(g)

Muster duty

A member of the Ready Reserve may be ordered without the member’s consent to muster duty under section 12343 of this title one time each year. A member ordered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster. The muster duty shall be subject to the following requirements:

(1)

Period of time

The period which a member may be required to devote to muster duty under this section, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year.

(2)

Treatment as inactive duty and travel

Except as specified in paragraph (3), muster duty (and travel directly to and from that duty) under this section shall be treated as inactive duty (and travel directly to and from that duty) for the purposes of this title and the provisions of title 37 (other than section 206(a) of title 37) and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive duty and for their dependents and survivors.

(3)

Not credited for retired pay purposes

Muster duty under this subsection shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title.

(h)

Consideration for mobilization

To achieve fair treatment between members in the Ready Reserve who are being considered for recall to duty without their consent pursuant to subsection (b), (c) or (e)(1), consideration shall be given to—

(1)

the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;

(2)

the frequency of assignments during service career;

(3)

family responsibilities; and

(4)

employment necessary to maintain the national health, safety, or interest.

(j)

Definitions

In this section:

(1)

Captive status

The term captive status means the status of a member of the armed forces who is in a missing status (as defined in section 551(2) of title 37) which occurs as the result of a hostile action and is related to the member’s military status.

(2)

Individual ready reserve mobilization category

The term Individual Ready Reserve mobilization category means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144(b) of this title.

(3)

Weapons of mass destruction

The term weapon of mass destruction has the meaning given that term in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302).

12352.

Reserve component: required training

(a)

Purpose

Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Department in which the Coast Guard is operating, each person who is enlisted, inducted, or appointed in an armed force, and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the Ready Reserve, to maintain readiness as determined by the Secretary concerned by—

(1)

participating in at least 48 scheduled drills or training periods during each year pursuant to section 12343 of this title and serve on active duty for training under section 12341 of this title for not less than 14 days (exclusive of travel time) during each year; or

(2)

serving on active duty for training under section 12341 of this title for not more than 30 days during each year.

(b)

Exception for certain members

A member who has served on active duty for one year or longer may not be required to perform a period of active duty for training if the first day of that period falls during the last 120 days of the member’s required membership in the Ready Reserve.

12353.

Reserve component: optional duty

(a)

Active duty

(1)

In general

At any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty under section 12341 of this title, or retain the member on active duty, with the consent of that member for training, to provide operational support or perform other duty as determined by the Secretary concerned.

(2)

Purposes

Such duty includes service on active duty for the purpose specified in section or section 802(d), 1491, 3038, 5143, 5144, 8038, 10211, 10301 through 10305, 10502, 10505, 10506, 10507, 12402, or 12405 of this title.

(3)

Army national guard or air national guard

However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the Governor or other appropriate authority of the State concerned. The consent of a Governor may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.

(b)

Active duty for health care

(1)

In general

When authorized by the Secretary of Defense, the Secretary of a military department may, with the consent of the member, order a member of a reserve component to active duty under section 12341 of this title—

(A)

to receive authorized medical care;

(B)

to be medically evaluated for disability or other purposes; or

(C)

to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member.

(2)

Treatment for or recovery from an injury, illness or disease

A member of a uniformed service described in paragraph (1)(B) or (2)(B) of section 1074a(a) of this title may be ordered to active duty under section 12341 of this title, and a member of a uniformed service described in paragraph (1)(A) or (2)(A) of section 1074a may be continued on active duty under section 12341 of this title, for a period of more than 30 days while the member is being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the line of duty as described in any of such paragraphs.

(3)

Retention on active duty

A member ordered to active duty under this subsection may, with the member’s consent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law.

(4)

Army national guard or air national guard

However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the Governor or other appropriate authority of the State concerned.

(c)

Organizing, administering, etc., reserve components

(1)

In general

The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to section 12341 of this title to perform Active Guard and Reserve duty to organize, administer, recruit, instruct, or train the reserve components.

(2)

Reserve grade; eligibility for promotion

A Reserve ordered to active duty under paragraph (1) shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve continues to be eligible for promotion as a Reserve, if otherwise qualified.

(3)

Additional duties

A Reserve on active duty under this subsection may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the Reserve’s primary Active Guard and Reserve duties described in paragraph (1):

(A)

Supporting reserve components

Supporting operations or missions assigned in whole or in part to the reserve components.

(B)

Supporting units

Supporting operations or missions performed or to be performed by—

(i)

a unit composed of elements from more than one component of the same armed force; or

(ii)

a joint forces unit that includes—

(I)

one or more reserve component units; or

(II)

a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit.

(C)

Advising

Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters.

(D)

Instruction or training

Instructing or training in the United States, the Commonwealth of Puerto Rico, or possessions of the United States of—

(i)

active-duty members of the armed forces;

(ii)

members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);

(iii)

Department of Defense contractor personnel; or

(iv)

Department of Defense civilian employees.

(4)

Operations relating to defense against weapons of mass destruction and terrorist attacks

(A)

In general

Notwithstanding paragraph (3), a Reserve on active duty as described in paragraph (1), or a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 in connection with functions referred to in paragraph (1), may, subject to subparagraph (C), perform duties in support of emergency preparedness programs to prepare for or to respond to any emergency involving any of the following:

(i)

Weapons of mass destruction

The use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302) in the United States.

(ii)

Terrorist attack or threatened terrorist attack

A terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.

(iii)

Release of certain materials

The intentional or unintentional release of nuclear, biological, radiological, or toxic or poisonous chemical, materials in the United States that results, or could result, in catastrophic loss of life or property.

(iv)

Natural or man-made disaster

A natural or manmade disaster in the United States that results in, or could result in, catastrophic loss of life or property.

(B)

Costs

The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a Reserve performing duties under the authority of paragraph (1) shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that Reserve who are performing duties as described in paragraph (1).

(C)

Civil support team

A Reserve may perform duty described in subparagraph (A) only while assigned to a reserve component weapons of mass destruction civil support team.

(D)

Annual end strength authorization and justification material

Reserves on active duty who are performing duties described in subparagraph (A) shall be counted against the annual end strength authorizations required by sections 115(a)(1)(B) and 115(a)(2) of this title. The justification material for the defense budget request for a fiscal year shall identify the number and component of the Reserves programmed to be performing duties described in subparagraph (A) during that fiscal year.

(E)

Certification required

A reserve component weapons of mass destruction civil support team, and any Reserve assigned to such a team, may not be used to respond to an emergency described in subparagraph (A) unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that team, or that Reserve, possesses the requisite skills, training, and equipment to be proficient in all mission requirements.

(F)

Request for legislation

If the Secretary of Defense submits to Congress any request for the enactment of legislation to modify the requirements of subparagraphs (A) and (C), the Secretary shall provide with the request—

(i)

justification for each such requested modification; and

(ii)

the Secretary’s plan for sustaining the qualifications of the personnel and teams described in subparagraph (C).

(G)

Definition of united states

In this subsection, the term United States includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(5)

Training

A Reserve on active duty as described in this subsection may be provided training consistent with training provided to other members on active duty, as the Secretary concerned sees fit.

(d)

Inactive duty

(1)

In general

At any time, an authority designated by the Secretary concerned may require a member of a reserve component under the Secretary’s jurisdiction, with the consent of the member, to perform inactive duty under section 12343 of this title to provide readiness training, perform administrative function to prepare for unit training, perform funeral honors functions at the funeral of a veteran as defined in section 1491 of this title (other than for members of the Army National Guard of the United States or the Air National Guard of the United States who perform funeral honors duty under section 502(g) of title 32), or perform other inactive duty as determined by the Secretary concerned.

(2)

Pay

As directed by the Secretary concerned, a member performing funeral honors functions may be paid—

(A)

the allowance under section 495 of title 37; or

(B)

compensation under section 206 of title 37.

(3)

Travel and transportation expenses

A member who performs funeral honors functions may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under section 495 of title 37 if such duty is performed at a location 50 miles or more from the member’s residence.

.

524.

Training and other duty performed by members of the National Guard

(a)

Chapter heading

The chapter heading for chapter 5 of title 32, United States Code, is amended by inserting And Other Duty after Training;

(b)

Other amendments

Section 502 of title 32, United States Code, is amended—

(1)

by striking the section heading and inserting the following:

502.

Required training, field exercises, and other duty

;

(2)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking drill and inserting training; and

(ii)

by inserting under subsection (g) before at least;

(B)

in paragraph (2), by inserting under subsection (f)(1) before at least;

(3)

in subsection (b), by striking drill each place the term appears and inserting training;

(4)

in subsection (d)—

(A)

in the matter preceding paragraph (1), by striking drill and inserting training; and

(B)

in paragraph (2), by striking one and one-half hours and inserting two hours;

(5)

in subsection (e), by striking drill each place the term appears and inserting training;

(6)

in subsection (f)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by inserting , which regulations shall conform to regulations prescribed by the Secretary of Defense for Reserve component members, after as the case may be,; and

(ii)

in the matter following subparagraph (B), by inserting to full-time National Guard duty after be ordered; and

(B)

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

(C)

Support for funerals of veterans of the armed forces pursuant to section 1491 of title 10.

;

(C)

by redesignating paragraph (3) as paragraph (8); and

(D)

by inserting after paragraph (2), as amended by subparagraph (B), the following new paragraphs:

(3)

Full-time national guard duty

Full-time National Guard duty shall not be performed on land outside the United States, its territories or possessions.

(4)

Purpose of call order

To account for manpower utilization and expenditure of appropriations, each order to full-time National Guard duty shall cite the purpose of the call or order as provided in this section or section 112, 114, 316, 503, 504, 505, 509, or 904 of this title.

(5)

Limitations and restrictions

A member of the National Guard shall not be ordered to full-time National Guard duty or retained on full-time National Guard duty beyond the limitations and restrictions specified in the purpose of the order to full-time National Guard duty.

(6)

Amended orders

When the purpose for the member to serve on full-time National Guard duty changes, the order to full-time National Guard duty shall be amended to cite the new purpose and applicable funding code, but the member shall remain on the same order to full-time National Guard duty.

(7)

Continuous Federal service

If a member is released from full-time National Guard duty and subsequently ordered to active duty with a break in service of 24 hours or fewer, the period of service shall be treated as continuous Federal service for the purposes of pay and benefits unless otherwise specified in law.

; and

(7)

by adding at the end the following new subsection:

(g)

Inactive duty

(1)

In general

Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, which shall conform to regulations prescribed by the Secretary of Defense for reserve component members, a member of the National Guard may be required to perform inactive duty, in addition to that prescribed under subsection (a), to provide additional readiness training, perform administrative function to prepare for unit training, perform funeral honors functions for veterans of the armed forces pursuant to section 1491 of title 10, or perform other inactive duty as authorized by the Secretary concerned.

(2)

Documentation

To account for manpower utilization and expenditure of appropriations, the purpose for inactive duty and the associated funding code shall be documented.

(3)

Designated hostile fire or imminent danger area

Inactive duty shall not be performed in designated hostile fire or imminent danger area.

(4)

Land outside the united states, its territories or possessions

Inactive duty shall not be performed on land outside the United States, its territories or possessions.

(5)

Duration of inactive duty

Each period of inactive duty shall be for duration of at least two hours.

(6)

Duration of compensation and service credit

Compensation under section 206 of title 37 and service credit under section 12732(a)(2)(E) of title 10 shall not exceed two periods of inactive duty in a calendar day.

(7)

Pay for performing funeral honors

As directed by the Secretary concerned, a member performing funeral honors functions may be paid—

(A)

the allowance under section 495 of title 37; or

(B)

compensation under section 206 of title 37.

.

525.

Conforming and clerical amendments

(a)

Conforming amendments to title 5, united states code

(1)

Paragraph (2) of section 5517(d) of title 5, United States Code, is amended by striking under section 10147 and inserting as provided under section 12352.

(2)

Section 6323 of title 5, United States Code, is amended—

(A)

in paragraph (1) of subsection (a)—

(i)

by striking inactive-duty training and inserting inactive duty; and

(ii)

by striking funeral honors duty (as described in section 12503 of title 10 and section 115 of title 32) and inserting funeral honors functions (as described in section 12353 of title 10 and section 114 of title 32); and

(B)

in paragraph (1) subsection (d), by striking section 12301(b) or 12301(d) and inserting section 12341 of title 10 for the purposes specified in section 12351(d) or 12353(a).

(b)

Conforming amendments to title 7, united states code

Paragraph (1) of section 332(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1982(a)) is amended by striking 12301(a), 12301(g), 12302, 12304, 12306, or 12406, and inserting 12341 for the purpose specified in section 12306, 12342, 12351(a)(1), 12351(b), 12351(c), or 12351(f), 12342 for the purpose specified in section 12406,.

(c)

Conforming amendments to title 10, united states code

(1)

Section 101 of title 10, United States Code, is amended—

(A)

in subparagraph (B) of subsection (a)(13), by striking section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 15 of this title and inserting section 688 or 12341 of this title for the purpose specified in section 12304a, 12305, 12351(a)(1), 12351(b), 12351(c) of this title, section 12342 of this title for the purpose specified in section 12406, chapter 15 of this title;

(B)

in paragraph (16) of subsection (b), by striking section 12301(d) of this title and inserting section 12341 of this title for the purpose specified in section 12353(c) of this title;

(C)

in paragraph (5) of subsection (d)—

(i)

by inserting 502(f) of title 32 for the purpose specified in section after under section; and

(ii)

by striking 505 of title 32 and inserting 505 of such title;

(D)

in paragraph (7) of subsection (d)—

(i)

in the matter preceding subparagraph (A), by striking inactive-duty training and inserting inactive duty;

(ii)

in subparagraph (A), by striking section 206 of title 37 and inserting section 12352(a)(1) of this title, section 502(a)(1) of title 32,; and

(iii)

in subparagraph (B)—

(I)

by inserting under section 12353(d) of this title or section 502(g) of title 32 after special additional duties authorized; and

(II)

by inserting , or other activities that a member may perform when authorized by the designated authority before the period.

(2)

Section 115 of title 10, United States Code, is amended—

(A)

in subsection (b)(1)—

(i)

in subparagraph (A), by striking section 12301(d) and inserting section 12341;

(ii)

in subparagraph (C), by striking section 12301(d) and inserting section 12341;

(iii)

in subparagraph (D)—

(I)

by striking section 12301(g) and inserting section 12341; and

(II)

by inserting as provided under section 12351(f) of such title before the semicolon; and

(iv)

in subparagraph (E)—

(I)

by striking 12301(h) or 12322 and inserting section 12341; and

(II)

by inserting as provided under section 12353(b) of this title before the period;

(B)

in subsection (i)—

(i)

in paragraph (1), by striking section 12301(a) of this title and inserting section 12341 of this title for the purpose specified in section 12351(a) of this title;

(ii)

in paragraph (2), by striking section 12301(b) of this title and inserting section 12341 of this title for the purpose specified in section 12351(d) of this title;

(iii)

in paragraph (3), by striking section 12302 of this title and inserting section 12341 of this title for the purpose specified in section 12351(b) of this title;

(iv)

in paragraph (4), by striking section 12304 of this title and inserting section 12341 of this title for the purpose specified in section 12351(c) of this title;

(v)

in paragraph (5), by inserting section 12342 of this title for the purpose specified in after Federal service under;

(vi)

in paragraph (6), by inserting section 12342 of this title for the purpose specified in after Federal service under; and

(vii)

in paragraph (11), by inserting 12341 for the purpose specified in section after active duty under section.

(3)

Section 331 of title 10, United States Code, is amended by inserting under section 12342 of this title after call into Federal service.

(4)

Section 332 of title 10, United States Code, is amended by inserting under section 12342 of this title after call into Federal service.

(5)

Paragraph (3) of section 511(d) of title 10, United States Code, is amended by striking section 10147(a)(1) and inserting section 12352(a)(1).

(6)

Subparagraph (B) of section 523(b)(1) of title 10, United States Code, is amended by inserting 12341 of this title for the purpose specified in section after on active duty under section.

(7)

Subparagraph (B) of section 641(1) of title 10, United States Code, is amended by inserting section 12341 for the purpose described in after on active duty under.

(8)

Section 802 of title 10, United States Code, is amended in each of subsections (a)(3), (d)(2)(B), and (d)(5)(B), by striking inactive-duty training and inserting inactive duty.

(9)

Subsection (d) of section 803 of title 10, United States Code, is amended by striking inactive-duty training each place the term appears and inserting inactive duty.

(10)

The matter preceding paragraph (1) of subsection (a) and the matter preceding paragraph (1) of subsection (b) of section 936 of title 10, United States Code, are each amended by striking inactive-duty training and inserting inactive duty.

(11)

Paragraph (1) of section 976(a) of title 10, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(12)

Paragraphs (1) and (2) of section 1061(b) of title 10, United States Code, are each amended by striking inactive-duty training and inserting inactive duty.

(13)

Subsection (a) of section 1074a of title 10, United States Code, is amended in each of paragraphs (1)(B), (2)(B), and (3) by striking inactive-duty training each place the term appears and inserting inactive duty.

(14)

Subsection (a) of section 1074a of title 10, United States Code, is amended further—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by inserting or after the semicolon;

(ii)

in subparagraph (B), by striking ; or and inserting a period; and

(iii)

by striking subparagraph (C);

(B)

in paragraph (2)—

(i)

in subparagraph (A), by inserting or after the semicolon;

(ii)

in subparagraph (B), by striking ; or and inserting a period; and

(iii)

by striking subparagraph (C); and

(C)

by striking paragraph (4).

(15)

Subsection (a) of section 1076 of title 10, United States Code, is amended—

(A)

in each paragraphs (2)(B)(i), (2)(B)(ii), and (2)(C), by striking inactive-duty training each place the term appears and inserting inactive duty; and

(B)

in paragraph (2), by striking subparagraph (E).

(16)

Clauses (i) and (ii) of section 1086(c)(2)(B) of title 10, United States Code, are each amended by striking inactive duty training and inserting inactive duty.

(17)

Paragraph (2) of section 1175(e) of title 10, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(18)

Section 1175a(j) of title 10, United States Code, is amended—

(A)

in paragraph (2)—

(i)

by inserting under section 12341 of this title for the purpose specified in section 12351(a)(1), 12351(b), 12351(c), 12351(d), 12351(e)(1), or 12351(f) of this title after involuntarily recalled to active duty; and

(ii)

by striking in accordance with section 12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this title or and inserting under; and

(B)

in paragraph (3)—

(i)

by striking 12301(d) and inserting 12353(a);

(ii)

by striking 12319, or 12503 and inserting 12351(g); and

(iii)

by striking , 115,.

(19)

Paragraph (2) of section 1201(c) of title 10, United States Code, is amended by striking under section 10148(a) and inserting pursuant to section 12351(e)(2).

(20)

Section 1204 of title 10, United States Code, is amended—

(A)

in the section heading, by striking inactive-duty training and inserting inactive duty; and

(B)

in paragraph (2)—

(i)

in each of subparagraphs (A)(i), (A)(iii), (B)(i), and (B)(iii), by striking inactive-duty training each place the term appears and inserting inactive duty;

(ii)

in clause (iii) of subparagraph (A), by inserting or after the semicolon;

(iii)

in clause (iii) of subparagraph (B), by striking ; or and inserting a period; and

(iv)

by striking subparagraph (C).

(21)

Section 1206 of title 10, United States Code, is amended—

(A)

in the section heading, by striking inactive-duty training and inserting inactive duty;

(B)

by amending paragraph (2) to read as follows:

(2)

the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while—

(A)

performing active duty or inactive duty;

(B)

traveling directly to or from the place at which such duty is performed; or

(C)

remaining overnight immediately before the commencement of inactive duty, or while remaining overnight between successive periods of inactive duty, at or in the vicinity of the site of the inactive duty, if the site is outside reasonable commuting distance of the member’s residence;

; and

(C)

in paragraph (5), by striking inactive-duty training and inserting inactive duty;

(22)

Subparagraph (B) of section 1448(f)(1) of title 10, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(23)

Clauses (ii) and (iii) of section 1471(b)(3)(A) of title 10, United States Code, are each amended by striking inactive duty for training and inserting inactive duty.

(24)

Section 1475 of title 10, United States Code, is amended—

(A)

in the section heading, by striking inactive-duty training and inserting inactive duty; and

(B)

in each of paragraphs (2) and (3) of subsection (a), by striking inactive duty training each place the term appears and inserting inactive duty.

(25)

Paragraphs (1)(B) and (2)(A) of section 1476(a) of title 10, United States Code, are each amended by striking inactive-duty training and inserting inactive duty.

(26)

Paragraphs (3), (4), (8), and (9) of section 1478(a) of title 10, United States Code, are each amended by striking inactive duty training each place the term appears and inserting inactive duty.

(27)

Section 1481(a)(2) of title 10, United States Code, is amended—

(A)

in each of subparagraphs (B), (C), (D), and (F), by striking inactive-duty training each place the term appears and inserting inactive duty; and

(B)

in subparagraph (E), by striking inactive duty training and inserting inactive duty.

(28)

Paragraph (2) of section 1481(a) of title 10, United States Code, is amended further—

(A)

in subparagraph (E) (as amended by paragraph (27)(B)), by inserting or after the semicolon;

(B)

in subparagraph (F) (as amended by paragraph (27)(A)), by striking ; or and inserting a period; and

(C)

by striking subparagraph (G).

(29)

Subsections (d)(2) and (e)(5) of section 2031 of title 10, United States Code, are each amended by striking inactive duty training and inserting inactive duty.

(30)

Subparagraph (D) of section 2107(c)(5) of title 10, United States Code, is amended by striking inactive duty for training and inserting inactive duty.

(31)

Subparagraph (D) of section 2107a(c)(4) of title 10, United States Code, is amended by striking inactive duty for training and inserting inactive duty.

(32)

The matter preceding paragraph (1) of section 2601a(b) of title 10, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(33)

Paragraph (3) of section 9446(a) of title 10, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(34)

Subsection (a) of section 10142 of title 10, United States Code, is amended by striking as provided in sections 12301 and 12302 of this title and inserting under section 12341 of this title for the purposes specified in sections 12351(a) and 12351(b) of this title.

(35)

Subsection (a) of section 10143 of title 10, United States Code, is amended by striking 10147(a)(1) and inserting 12352.

(36)

The matter preceding subparagraph (A) of section 10144(b)(1) of title 10, United States Code, is amended by striking in accordance with section 12304 and inserting under section 12341 of this title for the purpose specified in section 12351(c).

(37)

Chapter 1005 of title 10, United States Code, is amended—

(A)

by repealing section 10147; and

(B)

by repealing section 10148.

(38)

Section 10151 of title 10, United States Code, is amended by striking sections 12301 and 12306 and inserting section 12351(a).

(39)

Subsection (b) of section 10204 of title 10, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(40)

Subsection (a) of section 10215 of title 10, United States Code, is amended—

(A)

in subparagraph (A) of paragraph (1), by striking section 12301(d) and inserting section 12341 of this title as provided in section 12353(a); and

(B)

in subparagraph (A) of paragraph (2), by striking section 12301(d) and inserting section 12341 of this title as provided in section 12353(a).

(41)

Paragraph (9) of section 10541(b) of title 10, United States Code, is amended by striking 12304(b) and inserting 12351(c)(2).

(42)

Paragraph (1) of section 12011(e) of title 10, United States Code, is amended by striking 12310 and inserting 12353(c).

(43)

Subsection (a) of section 12012 of title 10, United States Code, is amended by striking section 10211 or 12310 and inserting section 12341 of this title for the purpose specified in section 10211 or 12353(c) of this title.

(44)

Section 12317 of title 10, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(45)

Section 12321 of title 10, United States Code, is amended by striking of organizing, administering, recruiting, instructing, or training the reserve components and inserting specified in section 12353(c) of this title.

(46)

Section 12408 of title 10, United States Code, is amended by striking section 12301(a), 12302, or 12304 of this title and inserting 12341 of this title for the purpose specified in section 12351(a)(1), 12351(b) or 12351(c) of this title.

(47)

Section 12503 of title 10, United States Code, is repealed.

(48)

Section 12552 of title 10, United States Code, is repealed.

(49)

Subsections (a)(3) and (b)(3) of section 12602 of title 10, United States Code, are each amended by striking inactive-duty training each place the term appears and inserting inactive duty.

(50)

Section 12603 of title 10, United States Code, is amended—

(A)

in the section heading, by striking inactive-duty training and inserting inactive duty; and

(B)

in subsection (a), by striking inactive duty training and inserting inactive duty.

(51)

Section 12604 of title 10, United States Code, is amended—

(A)

in the section heading, by striking inactive-duty training and inserting inactive duty; and

(B)

in subsection (a), by striking inactive-duty training and inserting inactive duty.

(52)

Subsection (b) of section 12686 of title 10, United States Code, is amended by striking section 12301 and inserting section 12341 of this title for the purpose specified in section 12351(a), 12351(d), 12351(f), 12353(a) or 12353(b).

(53)

Subparagraph (B) of section 12731(f)(2) of title 10, United States Code, is amended—

(A)

in clause (i)—

(i)

by striking under section 12301(d) and inserting for the purpose specified in section 12353(a); and

(ii)

by striking under section 12310 and inserting for the purpose specified in 12353(c); and

(B)

in clause (iii), by striking section 12301(h)(1) and inserting section 12341 of this title for the purpose specified in section 12353(b)(1).

(54)

Section 12732(a)(2) of title 10, United States Code, is amended—

(A)

in the matter following subparagraph (E), by striking clauses (A), (B), (C), (D), and (E) and inserting subparagraphs (A), (B), (C), and (D); and

(B)

by striking subparagraph (E).

(55)

Clause (i) of section 16131(c)(3)(B) of title 10, United States Code, is amended by striking section 12301(a), 12301(d), 12301(g), 12302, or 12304 and inserting section 12341 of this title for the purpose specified in section 12351(a)(1), 12351(b), 12351(c), 12351(f), or 12353(a).

(56)

The matter preceding subparagraph (A) of section 16133(b)(4) of title 10, United States Code, is amended by striking section 12301(a), 12301(d), 12301(g), 12302, or 12304 and inserting section 12341 of this title for the purpose specified in section 12351(a)(1), 12351(b), 12351(c), 12351(f), or 12353(a).

(57)

Clause (i) of section 16162(d)(2)(B) of title 10, United States Code, is amended by striking section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title and inserting section 12341 of this title for the purpose specified in section 12351(a)(1), 12351(b), 12351(c), 12351(f), or 12353(a) of this title.

(58)

Section 18505 of title 10, United States Code, is amended—

(A)

in the section heading, by striking inactive-duty training and inserting inactive duty; and

(B)

in subsection (a), by striking inactive-duty training each place the term appears and inserting inactive duty.

(d)

Conforming amendments to title 14, united states code

(1)

Section 704 of title 14, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(2)

Subsection (a) of section 705 of title 14, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(3)

Paragraph (1) of section 712(c) of title 14, United States Code, is amended by striking 10147 and inserting 12352.

(e)

Conforming amendments to title 20, united states code

(1)

Subsection (c) of section 1404 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923) is amended—

(A)

in clause (i) of paragraph (2)(B), by striking section 12301 or 12302 and inserting section 12341 of title 10, United States Code, for a purpose specified in section 12351(a), 12351(b), 12351(d), 12351(f), 12353(a) or 12353(b); and

(B)

in clause (i) of paragraph (2)(C), by striking section 12301 or 12302 and inserting section 12341 of title 10, United States Code, for a purpose specified in section 12351(a), 12351(b), 12351(d), 12351(f), 12353(a) or 12353(b).

(2)

Subparagraph (A) of section 481(d)(4) of the Higher Education Act of 1965 (20 U.S.C. 1088(d)(4)) is amended by striking section 12301(a), 12301(g), 12302, 12304, or 12306 and inserting section 12341 of title 10, United States Code, for a purpose specified in section 12306, 12351(a), 12351(b), 12351(c), or 12351(f).

(3)

Subparagraph (C) of section 484C(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)) is amended—

(A)

in clause (i), by striking , 12301(a), 12301(g), 12302, 12304, or 12305 of title 10, United States Code, and inserting of title 10, United States Code, under section 12341 of such title for the purpose specified in section 12305, 12351(a), 12351(b), 12351(c), or 12351(f) of such title,; and

(B)

in clause (iii), by striking section 12304 of title 10, United States Code and inserting section 12341 of title 10, United States Code, for the purpose specified in section 12351(c) of such title.

(4)

Subparagraph (A) of section 5 of Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098ee(5)) is amended by striking section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, and inserting section 12341 of title 10, United States Code, for the purpose specified in section 12306, 12351(a), 12351(b), 12351(c), or 12351(f) of such title,.

(f)

Conforming amendments to Internal Revenue Code

Subsection (m) of section 3121 of the Internal Revenue Code of 1986 (26 U.S.C. 3121) is amended—

(1)

in each of paragraphs (1)(B) and (3), by striking inactive duty training each place the term appears and inserting inactive duty; and

(2)

in the heading for paragraph (3), by striking Inactive Duty Training and inserting Inactive Duty.

(g)

Conforming amendments to title 32, united states code

(1)

Paragraph (19) of section 101 of title 32, United States Code, is amended by striking section 316, 502, 503, 504, or 505 and inserting section 502(f) of this title for the purpose specified under section in section 112, 114, 316, 502, 503, 504, 505, 509, or 904.

(2)

Section 114 of title 32, United States Code, is amended by striking may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 115 of this title. and inserting may be performed under section 502 of this title..

(3)

Section 115 of title 32, United States Code, is repealed.

(h)

Conforming amendments to title 37, united states code

(1)

The matter preceding subparagraph (A) of section 101(22) of title 37, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(2)

Section 204 of title 37, United States Code, is amended—

(A)

in paragraph (1) of subsections (g)—

(i)

in each of subparagraphs (B) and (D), by striking inactive-duty training each place the term appears and inserting inactive duty;

(ii)

by striking subparagraph (E);

(iii)

in subparagraph (C), by inserting or after the semicolon; and

(iv)

in subparagraph (D), by striking ; or and inserting a period; and

(B)

in paragraph (1) of subsections (h)—

(i)

in each of subparagraphs (B) and (D), by striking inactive-duty training each place the term appears and inserting inactive duty;

(ii)

by striking subparagraph (E);

(iii)

in subparagraph (C), by inserting or after the semicolon; and

(iv)

in subparagraph (D), by striking ; or and inserting a period.

(3)

Subparagraph (A) of section 205(e)(2) of title 37, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(4)

Section 206 of title 37, United States Code, is amended—

(A)

in the section heading, by striking inactive-duty training and inserting inactive duty; and

(B)

in each of paragraphs (3)(A)(ii) and (3)(C) of subsection (a), by striking inactive-duty training each place the term appears and inserting inactive duty.

(5)

Section 305b of title 37, United States Code, is amended—

(A)

in the heading for subsection (c), by striking Inactive Duty Training and inserting Inactive Duty; and

(B)

in subsection (e), by striking 12310(c) and inserting 12353(c)(4).

(6)

Subsection (a) of section 308d of title 37, United States Code, is amended by striking inactive duty for training and inserting inactive duty.

(7)

The heading for subsection (e) of section 320 of title 37, United States Code, is amended by striking Inactive Duty Training and inserting Inactive Duty.

(8)

Section 334 of title 37, United States Code, is amended—

(A)

in the heading for subsection (e), by striking Inactive Duty Training and inserting Inactive Duty; and

(B)

in subsection (e), by striking for inactive-duty training and inserting for inactive duty.

(9)

Section 352 of title 37, United States Code, is amended—

(A)

in the heading for subsection (d), by striking Inactive Duty Training and inserting Inactive Duty; and

(B)

in subsection (d), by striking for inactive-duty training and inserting for inactive duty.

(10)

Subparagraph (B) of section 353(c)(1) of title 37, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(11)

Section 415 of title 37, United States Code, is amended—

(A)

in paragraph (3) of subsection (a), by striking inactive-duty training and inserting inactive duty; and

(B)

in paragraph (1) of subsection (c), by striking inactive duty training and inserting inactive duty.

(12)

Section 433 of title 37, United States Code, is amended—

(A)

in subsection (a), by striking 12319 and inserting 12351(g); and

(B)

in subsection (d), by striking inactive-duty training and inserting inactive duty.

(13)

Subsection (a) of section 433a of title 37, United States Code, is amended by striking 12319 and inserting 12351(g).

(14)

Paragraph (1) of section 474(i) of title 37, United States Code, is amended by striking inactive-duty training and inserting inactive duty.

(15)

Section 478a of title 37, United States Code, is amended—

(A)

in the section heading, by striking inactive duty training and inserting inactive duty; and

(B)

in subsection (a), by striking inactive duty training each place the term appears and inserting inactive duty.

(16)

Paragraph (1) of section 495(a) of title 37, United States Code, is amended by striking funeral honors duty pursuant to section 12503 of title 10 or section 115 of title 32 and inserting funeral honors functions pursuant to section 12353(d)(2) of title 10 or section 502(g)(7) of title 32.

(17)

The matter preceding paragraph (1) of subsection (a), the matter following paragraph (2) of subsection (a), and subsection (d), of section 552 of title 37, United States Code, are each amended by striking inactive-duty training and inserting inactive duty.

(18)

Subparagraph (B) of section 910(b)(2) of title 37, United States Code, is amended by striking subparagraph (A) or (B) of section 12301(h)(1) of title 10 and inserting section 12341 of title 10 pursuant to subparagraph (A) or (B) of section 12353(b)(1) of such title.

(i)

Conforming amendments to title 38, united states code

(1)

Section 101 of title 38, United States Code, is amended—

(A)

in subparagraph (C) of paragraph (22), by striking section 316, 502, 503, 504, or 505 of title 32 and inserting section 502(f) of title 32;

(B)

in paragraph (23)—

(i)

by striking inactive duty training and inserting inactive duty; and

(ii)

in the matter following paragraph (C), by striking sections 316, 502, 503, 504, or 505 of title 32 and inserting section 502(g) of title 32; and

(C)

in the matter preceding clause (i) of paragraph (24)(C), by striking inactive duty training and inserting inactive duty.

(2)

Subparagraph (B) and the matter following subparagraph (B) of section 106(d)(1) of title 38, United States Code, are each amended by striking inactive duty training and inserting inactive duty.

(3)

Clause (ii) of section 1112(c)(3)(A) of title 38, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(4)

Paragraph (2) of section 1302(b) of title 38, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(5)

Subparagraph (A) of section 1312(a)(2) of title 38, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(6)

Section 1965 of title 38, United States Code, is amended—

(A)

in subparagraph (D) of paragraph (2), by striking sections 316, 502, 503, 504, or 505 of title 32 and inserting section 502(f) of title 32;

(B)

in paragraph (3)—

(i)

in the matter preceding subparagraph (A), by striking inactive duty training and inserting inactive duty; and

(ii)

in subparagraph (B), by striking sections 316, 502, 503, 504, or 505 of title 32 and inserting section 502(g) of title 32;

(C)

in paragraph (4), by striking inactive duty training each place the term appears and inserting inactive duty;

(D)

in each of subparagraphs (A) and (B) of paragraph (5), by striking inactive duty training and inserting inactive duty; and

(E)

in subparagraph (C) of paragraph (5), by striking a mobilization category in the Individual Ready Reserve, as defined in section 12304(i)(1) and inserting a mobilization category in the Individual Ready Reserve, as defined in section 12351(i)(2).

(7)

Section 1967 of title 38, United States Code, is amended—

(A)

in subsection (a)—

(i)

in subparagraph (B) of paragraph (1), by striking inactive duty training and inserting inactive duty; and

(ii)

in subparagraph (B) of paragraph (5), by striking inactive duty training and inserting inactive duty; and

(B)

in subsection (b)—

(i)

in each of paragraphs (1) and (2), by striking inactive duty training and inserting inactive duty; and

(ii)

in the matter following paragraph (2), by striking inactive duty training and inserting inactive duty.

(8)

Section 1968 of title 38, United States Code, is amended—

(A)

in subsection (a)—

(i)

in the matter preceding paragraph (1), by striking inactive duty training and inserting inactive duty; and

(ii)

in paragraph (3)—

(I)

by striking inactive duty training and inserting inactive duty;

(II)

by striking scheduled training period and inserting scheduled period of duty; and

(III)

by striking such training each place the term appears and inserting such duty; and

(B)

in paragraph (2) of subsection (b), by striking inactive duty training and inserting inactive duty.

(9)

Paragraph (3) of section 1969(a) of title 38, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(10)

Subsection (e) of section 1977 of title 38, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(11)

Paragraph (2) of section 2402(a) of title 38, United States Code, is amended by striking inactive duty training and inserting inactive duty.

(12)

Paragraph (3) of section 3011(d) of title 38, United States Code, is amended by striking which an individual in the Selected Reserve was ordered to perform under section 12301, 12302, 12304, 12306, or 12307 of title 10 and inserting under section 12341 of title 10, which an individual in the Selected Reserve was ordered to perform duty for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f), 12353(a), or 12353(b) of title 10 .

(13)

Subparagraph (A) of section 3013(f)(2) of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(14)

Subsection (f) of section 3103 of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(15)

Paragraph (2) of section 3105(e) of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(16)

Clause (i) of section 3231(a)(5)(B) of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(17)

Subparagraph (B) of section 3301(1) of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title, or under.

(18)

Clause (i) of section 3312(c)(2)(A) of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(19)

Clause (i) of section 3511(a)(2)(B) of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(20)

Subsection (h) of section 3512 of title 38, United States Code, is amended by striking , 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(21)

Subparagraph (C) of section 4211(4) of title 38, United States Code, is amended by striking section 12301(a), (d), or (g), 12302, or 12304 of title 10 and inserting section 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title.

(22)

Section 4303 of title 38, United States Code, is amended—

(A)

in paragraph (13)—

(i)

by striking inactive duty training and inserting inactive duty; and

(ii)

by striking funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32 and inserting funeral honors functions as provided under section 12353 of title 10 or section 114 of title 32; and

(B)

in paragraphs (16), by striking inactive duty training and inserting inactive duty.

(23)

Subsection (c) of section 4312 of title 38, United States Code, is amended—

(A)

in paragraph (3), by striking 10147; and inserting 12352;

(B)

in subparagraph (A) of paragraph (4), by striking , 12301(a), 12301(g), 12302, 12304, or 12305 of title 10 and inserting or 12341 of title 10 for a purpose specified in section 12351(a), 12351(b), 12351(c), 12351(f) or 12353(a) of such title;

(C)

in paragraph (4)—

(i)

in subparagraph (C), by striking 12304 of title 10 and inserting 12341 of title 10 for the purpose specified in section 12351(c) of such title;

(ii)

in subparagraph (E)—

(I)

by inserting under section 12342 of title 10 after Federal service; and

(II)

by inserting for a purpose specified following National Guard; and

(iii)

by striking under each place the term appears and inserting in.

(24)

Paragraph (1) of section 4316(e) of title 38, United States Code, is amended by striking funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32 and inserting funeral honors functions as provided under section 12353 of title 10 or section 114 of title 32.

(j)

Conforming amendments to title 42, united states code

(1)

Subparagraph (D) of section 202(t)(4) of the Social Security Act (42 U.S.C. 402(t)(4)) is amended—

(A)

by striking or inactive duty training each place the term appears and inserting or inactive duty; and

(B)

by striking on inactive duty training and inserting performing inactive duty.

(2)

Subsection (l) of section 210 of the Social Security Act (42 U.S.C. 410) is amended—

(A)

in subparagraph (B) of paragraph (1), by striking on inactive duty training and inserting performing inactive duty; and

(B)

in paragraph (3), by striking inactive duty training each place the term appears and inserting inactive duty.

(k)

Conforming amendments to title 50, appendix, united states code

(1)

Section 6 of the Military Selective Service Act (50 U.S.C. App. 456) is amended—

(A)

in the matter following subsection (c)(2)(A)(iii), by striking 10147 and inserting 12352; and

(B)

in paragraph (1) of subsection (d), by striking under section 10147 and inserting pursuant to section 12352.

(2)

Paragraph (1) of section 703(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 593(a)) is amended—

(A)

by striking sections 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10, United States Code, and inserting section 688 or 12341 of title 10, United States Code, for a purpose specified in section 12306, 12307, 12351(a), 12351(b), 12351(c), or 12351(f) of such title,; and

(B)

by striking 12301(d) and inserting 12341 for the purpose specified in section 12353(a).

(l)

Clerical amendments

(1)

The table of sections at the beginning of chapter 61 of title 10, United States Code, is amended—

(A)

by striking the item related to section 1204 and inserting the following:

1204. Members on active duty for 30 days or less or on inactive duty: retirement.”

; and

(B)

by striking the item relating to section 1206 and inserting the following:

1206. Members on active duty for 30 days or less or on inactive duty: separation.

.

(2)

The table of sections at the beginning of subchapter II of chapter 75 of title 10, United States Code, is amended by striking the item related to section 1475 and inserting the following:

1475. Death gratuity: death of members on active duty or inactive duty and of certain other persons.

.

(3)

The table of sections at the beginning of chapter 1005 of title 10, United States Code, is amended by striking the items relating to sections 10147 and 10148.

(4)

The table of sections at the beginning of chapter 1209 of title 10, United States Code, is amended to read as follows:

Subchapter I—Administration of Reserve Duty

Sec.

12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency.

12304b. Selected Reserve: order to active duty for preplanned missions in support of the combatant commands.

12305. Authority of President to suspend certain laws relation to promotion, retirement, and separation.

12306. Standby Reserve.

12307. Retired Reserve.

12308. Retention after becoming qualified for retired pay.

12309. Reserve officers: use of in expansion of armed forces.

12311. Active duty agreements.

12312. Active duty agreements: release from duty.

12313. Reserves: release from active duty.

12314. Reserves: kinds of duty.

12315. Reserves: duty with or without pay.

12316. Payment of certain Reserves while on duty.

12317. Reserves: theological students; limitations.

12318. Reserves on active duty: duties; funding.

12320. Reserve officers: grade in which ordered to active duty.

12321. Reserve Officer Training Corps units: limitation on number of Reserves assigned.

12323. Policies and procedures.

Subchapter II—Reserve Duty Authorities

Sec.

12341. Active duty.

12342. Call to Federal service.

12343. Inactive duty.

Subchapter III—Purpose of Reserve Duty

Sec.

12351. Reserve component: required duty.

12352. Reserve component: required training.

12353. Reserve component: optional duty.

.

(5)

The table of sections at the beginning of chapter 1213 of title 10, United States Code, is amended by striking the item relating to section 12503.

(6)

The table of sections at the beginning of chapter 1215 of title 10, United States Code, is amended by striking the item relating to section 12552.

(7)

The table of sections at the beginning of chapter 1217 of title 10, United States Code, is amended by striking the items related to sections 12603 and 12604 and inserting the following:

12603. Attendance at inactive duty assemblies: commercial travel at Federal supply schedule rates.

12604. Billeting in Department of Defense facilities: Reserves attending inactive duty.

.

(8)

The table of sections at the beginning of chapter 1805 of title 10, United States Code, is amended by striking the item related to section 18505 and inserting the following:

18505. Reserves traveling for inactive duty: space-required travel on military aircraft.

.

(9)

The table of chapters at the beginning of title 32, United States Code, is amended by striking the item relating to chapter 5 and inserting the following new item:

5.Training and Other Duty501

.

(10)

The table of sections at the beginning of chapter 1 of title 32, United States Code, is amended by striking the item relating to section 115.

(11)

The table of sections at the beginning of chapter 5 of title 32, United States Code, is amended by striking the item relating to section 502 and inserting the following:

502. Required training, field exercises, and other duty.

.

526.

Effective date and implementation

(a)

Effective date

The amendments made by this subtitle shall take effect on October 1, 2017.

(b)

Implementation plan

Not later than March 1, 2016, the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a plan to implement the amendments made by this subtitle when they take effect on the date specified in subsection (a).

(c)

Additional technical and conforming amendments

The report required by subsection (b) shall contain a draft of such legislation as may be necessary to make any additional technical and conforming changes to titles 10, 14, 32, and 37, United States Code, and other provisions of law that are required or should be made by reason of the amendments made by this subtitle.

D

General Service Authorities

531.

Temporary authority to develop and provide additional recruitment incentives

(a)

Additional recruitment incentives authorized

The Secretary of a military department may develop and provide incentives, not otherwise authorized by law, to encourage individuals to accept an appointment as a commissioned officer, to accept an appointment as a warrant officer, or to enlist in an Armed Force under the jurisdiction of the Secretary.

(b)

Relation to other personnel authorities

A recruitment incentive developed under subsection (a) may be provided—

(1)

without regard to the lack of specific authority for the recruitment incentive under title 10 or 37, United States Code; and

(2)

notwithstanding any provision of such titles, or any rule or regulation prescribed under such provision, relating to methods of providing incentives to individuals to accept appointments or enlistments in the Armed Forces, including the provision of group or individual bonuses, pay, or other incentives.

(c)

Notice and wait requirement

The Secretary of a military department may not provide a recruitment incentive developed under subsection (a) until—

(1)

the Secretary submits to the congressional defense committees a plan regarding provision of the recruitment incentive, which includes—

(A)

a description of the incentive, including the purpose of the incentive and the potential recruits to be addressed by the incentive;

(B)

a description of the provisions of titles 10 and 37, United States Code, from which the incentive would require a waiver and the rationale to support the waiver;

(C)

a statement of the anticipated outcomes as a result of providing the incentive; and

(D)

a description of the method to be used to evaluate the effectiveness of the incentive; and

(2)

the expiration of the 30-day period beginning on the date on which the plan was received by Congress.

(d)

Limitation on number of incentives

The Secretary of a military department may not provide more than three recruitment incentives under the authority of this section.

(e)

Limitation on number of individuals receiving incentives

The number of individuals who receive one or more of the recruitment incentives provided under subsection (a) by the Secretary of a military department during a fiscal year for an Armed Force under the jurisdiction of the Secretary may not exceed 20 percent of the accession objective of that Armed Force for that fiscal year.

(f)

Duration of developed incentive

A recruitment incentive developed under subsection (a) may be provided for not longer than a three-year period beginning on the date on which the incentive is first provided, except that the Secretary of the military department concerned may extend the period if the Secretary determines that additional time is needed to fully evaluate the effectiveness of the incentive.

(g)

Reporting requirements

If the Secretary of a military department provides an recruitment incentive under subsection (a) for a fiscal year, the Secretary shall submit to the congressional defense committees a report, not later than 60 days after the end of the fiscal year, containing—

(1)

a description of each incentive provided under subsection (a) during that fiscal year; and

(2)

an assessment of the impact of the incentives on the recruitment of individuals for an Armed Force under the jurisdiction of the Secretary.

(h)

Termination of authority to provide incentives

Notwithstanding subsection (f); the authority to provide recruitment incentives under this section expires on December 31, 2020.

532.

Expansion of authority to conduct pilot programs on career flexibility to enhance retention of members of the Armed Forces

(a)

Repeal of limitation on eligible participants

Subsection (b) of section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note) is repealed.

(b)

Repeal of limitation on number of participants

Subsection (c) of section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note) is repealed.

(c)

Conforming amendments

Section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note) is further amended—

(1)

by redesignating subsections (d) through (m) as subsections (b) through (k), respectively; and

(2)

in subsections (b)(1), (d), and (f)(3)(D) (as so redesignated), by striking subsection (e) each place it appears and inserting subsection (c).

533.

Modification of notice and wait requirements for change in ground combat exclusion policy for female members of the Armed Forces

(a)

Rule for Ground Combat Personnel Policy

Section 652(a) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the first sentence, by striking before any such change is implemented and inserting not less than 30 calendar days before such change is implemented; and

(B)

by striking the second sentence; and

(2)

by striking paragraph (5).

(b)

Conforming amendment

Section 652(b)(1) of title 10, United States Code, is amended by inserting calendar before days.

534.

Role of Secretary of Defense in development of gender-neutral occupational standards

Section 524(a) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3361; 10 U.S.C. 113 note) is amended—

(1)

by striking and at the end of paragraph (1);

(2)

by striking the period at the end of paragraph (2) and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(3)

measure the combat readiness of combat units, including special operations forces.

.

535.

Burdens of proof applicable to investigations and reviews related to protected communications of members of the Armed Forces and prohibited retaliatory actions

(a)

Burdens of Proof

Section 1034 of title 10, United States Code, is amended—

(1)

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

(2)

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

(i)

Burdens of Proof

The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General under subsection (c) or (d), any review performed by a board for the correction of military records under subsection (g), and any review conducted by the Secretary of Defense under subsection (h).

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.

536.

Revision of name on military service record to reflect change in gender identity after separation from the Armed Forces

(a)

Revision required

Section 1551 of title 10, United States Code, is amended—

(1)

by inserting (a) Service under assumed name.— before The Secretary; and

(2)

by adding at the end the following new subsection:

(b)

Change in gender identity

The Secretary concerned shall reissue a certificate of discharge or an order of acceptance of resignation in the new name of any person who, after separation from the armed forces, undergoes a change in gender identity and assumes a different name.

.

(b)

Clerical amendments

(1)

Section heading

The heading of section 1551 of title 10, United States Code, is amended to read as follows:

1551.

Correction of name after separation from service

.

(2)

Table of sections

The table of sections at the beginning of chapter 79 of title 10, United States Code, is amended by striking the item relating to section 1551 and inserting the following new item:

1551. Correction of name after separation from service.

.

537.

Establishment of breastfeeding policy for the Department of the Army

The Secretary of the Army shall develop a comprehensive policy regarding breastfeeding by female members of the Army who are breastfeeding. At a minimum, the policy shall address the following:

(1)

The provision of a designated room or area that will provide the member with adequate privacy and cleanliness and that includes an electrical outlet to facilitate the use of a breast pump. Restrooms should not be considered an appropriate location.

(2)

An allowance for appropriate breaks, when practicable, to permit the member to breastfeed or utilize a breast pump.

538.

Sense of Congress recognizing the diversity of the members of the Armed Forces

(a)

Findings

Congress finds the following:

(1)

The United States military includes individuals with a variety of national, ethnic, and cultural backgrounds that have roots all over the world.

(2)

In addition to diverse backgrounds, members of the Armed Forces come from numerous religious traditions, including Christian, Hindu, Jewish, Muslim, Sikh, non-denominational, non-practicing, and many more.

(3)

Members of the Armed Forces from diverse backgrounds and religious traditions have lost their lives or been injured defending the national security of the United States.

(4)

Diversity contributes to the strength of the Armed Forces, and service members from different backgrounds and religious traditions share the same goal of defending the United States.

(5)

The unity of the Armed Forces reflects the strength in diversity that makes the United States a great nation.

(b)

Sense of congress

It is the sense of Congress that the United States should—

(1)

continue to recognize and promote diversity in the Armed Forces; and

(2)

honor those from all diverse backgrounds and religious traditions who have made sacrifices in serving the United States through the Armed Services.

539.

Establishment of process by which members of the Armed Forces may carry a concealed personal firearm on a military installation

(a)

Process required

The Secretary of Defense, taking into consideration the views of senior leadership of military installations in the United States, shall establish a process by which the commander of a military installation in the United States may authorize a member of the Armed Forces who is assigned to duty at the installation to carry a concealed personal firearm on the installation if the commander determines it to be necessary as a personal- or force-protection measure.

(b)

Relation to State and local law

In establishing the process under subsection (a) for a military installation, the commander of the installation shall consult with elected officials of the State and local jurisdictions in which the installation is located and take into consideration the law of the State and such jurisdictions regarding carrying a concealed personal firearm.

(c)

Member qualifications

To be eligible to be authorized to carry a concealed personal firearm on a military installation pursuant to the process established under subsection (a), a member of the Armed Forces—

(1)

must complete any training and certification required by any State in which the installation is located that would permit the member to carry concealed in that State;

(2)

must not be subject to disciplinary action under the Uniform Code of Military Justice for any offense that could result in incarceration or separation from the Armed Forces;

(3)

must not be prohibited from possessing a firearm because of conviction of a crime of domestic violence; and

(4)

must meet such service-related qualification requirements for the use of firearms, as established by the Secretary of the military department concerned.

(d)

State defined

In this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

E

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

541.

Improvements to Special Victims’ Counsel program

(a)

Qualifications and designation

Section 1044e(d) of title 10, United States Code, is amended—

(1)

by inserting (1) before An individual;

(2)

by designating existing paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and

(3)

by adding at the end the following new paragraphs:

(2)

The Secretary of Defense shall direct the Secretary of each military department to implement additional selection criteria requiring that judge advocates have adequate criminal justice experience before they are assigned as Special Victims’ Counsel.

(3)

The Secretary of Defense shall develop a policy to standardize both the time frame within which Special Victims’ Counsel receive training and the training that each Special Victims’ Counsel receives.

.

(b)

Administrative Responsibility

Section 1044e(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs

(3)

The Secretary of Defense shall establish appropriate program performance measures and standards, including evaluating, monitoring, and reporting on the Special Victims’ Counsel programs, establishing guiding principles for the military departments, and ensuring centralized, standardized assessment of program effectiveness and client satisfaction.

(4)

The Secretary of Defense shall direct the Secretary of each military department to perform regular evaluations to ensure that Special Victims’ Counsel are assigned to locations that maximize the opportunity for face-to-face interactions between counsel and clients and to develop effective means by which a Special Victims’ Counsel may communicate with a client when face-to-face communication is not feasible.

.

542.

Department of Defense civilian employee access to Special Victims’ Counsel

Section 1044e(a)(2) of title 10, United States Code, is amended by adding the following new subparagraph:

(C)

A civilian employee of the Department of Defense who is not eligible for military legal assistance under section 1044(a)(7) of this title, but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department concerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee.

.

543.

Access to Special Victims’ Counsel for former dependents of members and former members of the Armed Forces

Section 1044e(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (C), as added by section 542, the following new subparagraph:

(D)

An individual who is a former dependent of a member or former member of the armed forces described in subparagraph (A) or (B), if the alleged sex-related offense—

(i)

was perpetrated by a person who is, or is reasonably believed to be, a person subject to chapter 47 of this title (the Uniform Code of Military Justice) pursuant to section 802 of this title (article 2(a) of the Uniform Code of Military Justice); and

(ii)

occurred while the individual was a dependent of the member or former member.

.

544.

Representation and assistance from Special Victims’ Counsel in retaliatory proceedings

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

(1)

by redesignating paragraph (9) as paragraph (10); and

(2)

by inserting after paragraph (8) the following new paragraph:

(9)

Legal representation and assistance in any action or proceeding that, in the judgment of the Special Victims’ Counsel, may have been undertaken in retaliation for the victim’s report of an alleged sex-related offense or for the victim’s involvement in related military justice proceedings.

.

545.

Timely notification to victims of sex-related offenses of the availability of assistance from Special Victims’ Counsel

Section 1044e(f)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: Notice of the availability of a Special Victims’ Counsel shall be provided to the victim before any of the personnel identified or designated by the Secretary concerned under this paragraph interviews, or requests any statement from, the victim regarding the alleged sex-related offense..

546.

Participation by victim in punitive proceedings and access to records

(a)

Victim submission of matters for consideration by commanding officer in nonjudicial punishment proceedings

Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) is amended by adding at the end the following new subsection:

(h)

Victim Participation in Nonjudicial Punishment Proceedings

(1)

For any offense that involves a victim, in any case in which a commanding officer or other person authorized to act under this section (article) is considering imposing a punishment authorized in subsection (b) on a member of the command, mitigation of a punishment under subsection (d), or an appeal of a punishment under subsection (e), the victim shall be provided an opportunity to submit written matters for consideration by the person authorized to act under this section (article).

(2)

The victim shall be notified of a commander’s decision to consider a punishment, consider mitigating a punishment, or consider an appeal under this section (article). The victim shall also be notified of the opportunity to submit matters for consideration under this subsection.

(3)

The submission of matters under paragraph (1) shall be made within the three-day period the accused is given to seek legal counsel.

(4)

A victim may waive the right under this subsection to make a submission to the commanding officer or other person taking action under this section (article). Such a waiver shall be made in writing and may not be revoked.

(5)

In the case of proceedings under this section (article) for an offense that involved a victim, a copy of all prepared records of the proceedings, including a written copy of any admonition or reprimand, shall be given to the victim without charge and as soon as a decision is finalized. The victim shall be notified of the opportunity to receive the records of the proceedings under this subsection.

(6)

In this section, the term victim means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice) and on which a commanding officer or other person authorized to take action under this section (article) is taking action under this section (article).

(7)

This subsection applies only with respect to the Department of Defense.

.

(b)

Victim submission of matters for consideration in administrative separation proceedings

Chapter 59 of title 10, United States Code is amended by adding at the end the following new section:

1159.

Victim participation in administrative separation proceedings

(a)
(1)

Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall ensure that, when administrative separation is considered for a member of the of the Army, Navy, Air Force, or Marine Corps in connection to an offense that involved a victim, the person or board authorized to provide recommendations and act on recommendations for retention or separation under this chapter must consider the impact of the offense on the victim and the views of the victim on retention.

(2)

Such regulations shall ensure that victims are provided an opportunity to submit written matters for consideration, including, but not limited to, written testimony, to the person or board authorized to provide recommendations and act on recommendations for administrative separation proceedings under this chapter. A victim may waive the right under this section to make a submission.

(b)

Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall ensure that a copy of all prepared records of the proceedings, including, but not limited to, the decision on retention or separation and any written explanation thereof, shall be given to the victim without charge and as soon as a decision is finalized. The victim shall be notified of the opportunity to receive the records of the proceedings under this subsection.

(c)

In this section, the term victim means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under chapter 47 of this title (the Uniform Code of Military Justice) and on which the armed forces are considering administrative separation or retention.

.

(c)

Victim submission of matters for consideration in administrative separation proceedings of officers

Section 1185 of title 10, United States Code, is amended by adding at the end the following new subsections:

(c)

Under regulations prescribed by the Secretary of Defense, when a board of inquiry is held under this section for an officer of the Army, Navy, Air Force, or Marine Corps in connection with an offense that involved a victim, the board of inquiry—

(1)

shall consider the impact of the offense on the victim and the views of the victim on retention;

(2)

shall provide victims an opportunity to submit matters for consideration, including in-person testimony, although a victim may waive the right under this subsection to make a submission; and

(3)

shall provide victims with all prepared records of the proceedings, including the decision on retention or separation and any written explanation thereof.

(d)

When a record is withheld under subsection (a)(4), the victim shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.

(e)

In this section, the term victim means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under chapter 47 of this title (the Uniform Code of Military Justice) and on which an officer is required to show cause for retention on active duty under section 1181 of this title.

.

547.

Victim access to report of results of preliminary hearing under Article 32 of the Uniform Code of Military Justice

Section 832(c) of title 10, United States Code (article 32(c) of the Uniform Code of Military Justice), is amended—

(1)

by inserting (1) after Report of Results.—; and

(2)

by adding at the end the following new paragraph:

(2)

The report prepared under paragraph (1) shall be provided to the victim, without charge, at the same time as the report is delivered to the accused.

.

548.

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.

549.

Strategy to prevent retaliation against members of the Armed Forces who report or intervene on behalf of the victim in instances of sexual assault

(a)

Strategy required

The Secretary of Defense shall establish a comprehensive strategy to prevent retaliation carried out by members of the Armed Forces against other members who report or otherwise intervene on behalf of the victim in instances of sexual assault.

(b)

Elements

The comprehensive strategy required by subsection (a) shall include, at a minimum, the following:

(1)

Bystander intervention programs emphasizing the importance of guarding against such retaliation.

(2)

Department of Defense and military department policies and requirements to ensure protection from retaliation against victims of sexual assault and members who intervene on behalf of a victim.

(3)

Additional training for commanders on methods and procedures to combat attitudes and beliefs that lead to retaliation acts by members.

(c)

Retaliation described

For purposes of this section, the term retaliation has the meaning given that term in the regulations issued by the Secretary of Defense pursuant to section 1709(b)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 113 note) and shall include ostracism and other acts of maltreatment designated by the Secretary pursuant to subparagraph (B) of such section.

(d)

Briefing

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the comprehensive strategy required by subsection (a).

550.

Improved Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces

(a)

Plan to improve prevention and response

The Secretary of Defense, in collaboration with the Secretaries of the military departments, shall develop a plan to improve Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces.

(b)

Elements

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

(1)

Sexual assault prevention and response training to more comprehensively and directly address the incidence of male members of the Armed Forces who are sexually assaulted and how certain behavior and activities, such as hazing, can constitute a sexual assault.

(2)

Methods to evaluate the extent to which differences exist in the medical and mental health-care needs of male and female sexual assault victims, and the care regimen, if any, that will best meet those needs.

(3)

Data-driven decision making to improve male-victim sexual assault prevention and response program efforts.

(4)

Goals with associated metrics to drive the changes needed to address sexual assaults of male members of the Armed Forces.

(5)

Information about the sexual victimization of males in communications to members that are used to raise awareness of sexual assault and efforts to prevent and respond to it.

(6)

Guidance for the department’s medical and mental health providers, and other personnel as appropriate, based on the results of the evaluation described in paragraph (2), that delineates these gender-specific distinctions and the care regimen that is recommended to most effectively meet those needs.

551.

Sexual assault prevention and response training for administrators and instructors of the Junior and Senior Reserve Officers’ Training Corps

(a)

Training and education required

The Secretary of a military department shall ensure that the commander of each unit of the Junior Reserve Officers’ Training Corps or Senior Reserve Officers’ Training Corps and all Professors of Military Science, senior military instructors, and civilian employees detailed, assigned, or employed as administrators and instructors of the Reserve Officers’ Training Corps receive regular sexual assault prevention and response training and education.

(b)

Additional information

The Secretary of a military department shall ensure that information regarding the availability of legal assistance and the sexual assault prevention and response program is made available to the Reserve Officers’ Training Corps personnel referred to in subsection (a).

552.

Modification of Manual for Courts-Martial to require consistent preparation of the full record of trial

Not later than 180 days after the date of the enactment of this Act, Rule 1103 of the Manual for Courts-Martial (relating to preparation of the record of trial) shall be amended to ensure that, for any general or special court-martial proceeding under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), trial counsel shall prepare a complete record of trial, consisting of each available content item, matter, or attachment specified in the Rule. No content item, matter, or attachment may be exempted based on the outcome of the court-martial proceeding.

553.

Inclusion of additional information in annual reports regarding Department of Defense sexual assault prevention and response

(a)

Role of Department of Defense Family Advocacy Program

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended—

(1)

in paragraph (1), by inserting after by the report, the following: including all cases under the purview of the Department of Defense Family Advocacy Program pursuant to section 1058 of title 10, United States Code,;

(2)

in paragraph (2), by inserting after by the report, the following: including all cases under the purview of the Department of Defense Family Advocacy Program pursuant to such section 1058,; and

(3)

in paragraph (3), by inserting after substantiated case, the following: including each case under the purview of the Department of Defense Family Advocacy Program pursuant to such section 1058,.

(b)

Inclusion of information regarding sexual harassment involving members of the Armed Forces

(1)

In general

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by adding at the end the following new paragraph:

(12)

Information and data collected on sexual harassment involving members of the Armed Forces during the year covered by the report. The information shall include the number of substantiated and unsubstantiated cases, a synopsis of each such substantiated case, and the action taken in each substantiated case, including the type of disciplinary or administrative sanction imposed, if any, such as conviction and sentence by court-martial, imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), or administrative separation or other type administrative action imposed.

.

(2)

Secretary of Defense assessment of information in reports to Congress

Section 1631(d)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by striking subsection (b)(11) and inserting paragraphs (11) and (12) of subsection (b).

(c)

Retaliation against alleged victims of sexual assault

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by inserting after paragraph (12), as added by subsection (b), the following new paragraph:

(13)
(A)

Information and data collected on reports of retaliation against alleged victims of sexual assault, including the number of substantiated and unsubstantiated cases.

(B)

In this paragraph, the term retaliation has the meaning given such term by the Secretary of Defense as required by section 1709(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 962; 10 U.S.C. 113 note).

.

(d)

Application of amendments

The amendments made by this section shall take effect on the date of the enactment of this Act and apply beginning with the reports required to be submitted by March 1, 2016, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note).

554.

Retention of case notes in investigations of sex-related offenses involving members of the Army, Navy, Air Force, or Marine Corps

(a)

Retention of all investigative records required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update Department of Defense records retention policies to ensure that, for all investigations relating to an alleged sex-related offense (as defined in section 1044e(g) of title 10, United States Code) involving a member of the Army, Navy, Air Force, or Marine Corps, all elements of the case file shall be retained as part of the investigative records retained in accordance with section 3500 of title 18, United States Code, and section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note).

(b)

Elements

In updating records retention policies as required by subsection (a), the Secretary of Defense shall address, at a minimum, the following matters:

(1)

The elements of the case file to be retained must include, at a minimum, the case activity record, case review record, investigative plans, and all case notes made by an investigating agent or agents.

(2)

All investigative records must be retained for no less than 50 years.

(3)

No element of the case file may be destroyed until the expiration of the time that investigative records must be kept.

(4)

Records may be stored digitally or in hard copy, in accordance with existing law or regulations or additionally prescribed policy considered necessary by the Secretary of the military department concerned.

(c)

Consistent education and policy

The Secretary of Defense shall ensure that existing policy, education, and training are updated to reflect policy changes in accordance with subsection (a).

(d)

Uniform application to military departments

The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsections (a) is implemented uniformly by the military departments.

555.

Additional guidance regarding release of mental health records of Department of Defense medical treatment facilities in cases involving any sex-related offense

The Secretary of Defense shall establish and issue uniform guidance to ensure that, with respect to any case involving any sex-related offense, mental health records of the alleged victim of the sex-related offense and communications related to such mental health records that are maintained by a Department of Defense medical treatment facility are neither sought by investigators or military justice practitioners nor acknowledged or released by the medical treatment facility unless and until the production of such mental health records or communications has been ordered by a military judge or a hearing officer described in section 832(b) of title 10, United States Code (article 32 of the Uniform Code of Military Justice).

556.

Public availability of records of certain proceedings under the Uniform Code of Military Justice

(a)

Public availability required

The Secretary of Defense shall make available, electronically through a website of the Department of Defense, to the public all information specified in subsection (c) (subject to such exceptions as may apply under subsection (d)) for all of the proceedings under the Uniform Code of Military Justice specified in subsection (b).

(b)

Covered proceedings

The system established under subsection (a) shall contain information for the following proceedings under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice):

(1)

Special and general courts-martial under subchapter IV of such chapter.

(2)

Actions by the convening authority under section 860 of such title (article 60).

(3)

Reviews conducted by the Courts of Criminal Appeals under section 866 of such title (article 66).

(4)

Reviews conducted by the Court of Appeals for the Armed Forces under section 867 of such title (article 67).

(c)

Covered information

Except as provided in subsection (d), the following information, either directly or through links to another website, shall be made available through the system established under subsection (a) as soon as the information is reasonably available:

(1)

The location of the proceeding and contact information for each base and court jurisdiction, including, when applicable, the name and telephone number of the legal office with jurisdiction over the proceeding.

(2)

The calendar of proceedings.

(3)

The docket information for the proceeding.

(4)

Any motions and documents filed in connection with the proceeding.

(5)

The substance of all written rulings and opinions issued in the proceeding, in a text-searchable format.

(6)

The authenticated record of the proceeding.

(7)

Any other information related to the proceeding that the Secretary of Defense determines to be useful to the public.

(d)

Protection of privacy and security

(1)

Revision of manual for courts-martial

The Manual for Courts-Martial shall be updated to address privacy and security concerns related to the electronic filing of documents and the public availability of documents made available through the system established under subsection (a). Such guidance must consider, at minimum, the protection of privacy of individuals named in records and status of records under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), section 552a of such title (commonly referred to as the Privacy Act), restricted reporting cases, and laws and guidance related to privilege. Such guidance shall provide to the extent practicable for uniform treatment of privacy and security issues throughout each proceeding specified in subsection (b) and across all branches of the Armed Forces. To the extent that such guidance provide for the redaction of certain categories of information to address privacy and security concerns, such guidance shall provide that a party that wishes to file an otherwise proper document containing such information may file an unredacted document under seal, which shall be retained as part of the proceeding as part of the record, and which, at the discretion of the court and subject to any applicable guidance issued in the Manual for Courts Martial, shall be either in lieu of, or in addition, to, a redacted copy in the public file.

(2)

Interim guidance

The Secretary of Defense may issue interim guidance, and interpretive statements relating to the application of such guidance, which conform to the requirements of paragraph (1) and which shall cease to have effect upon the effective date of the guidance required under paragraph (1). Pending issuance of the guidance required under paragraph (1), any guidance or order of any court, or of the Secretary of Defense, providing for the redaction of certain categories of information in order to address privacy and security concerns arising from electronic filing shall comply with, and be construed in conformity with, the last sentence of paragraph (1).

(e)

Electronic filings

(1)

In general

Except as provided in subsection (d) or under paragraph (2), each court-martial and the courts specified in paragraphs (4) and (5) of subsection (b) shall make each document that is filed electronically with the court available to the public through a website of the Department of Defense. To the extent practicable, the court shall convert any document that is filed in paper form to electronic form. To the extent such conversions are made, all such electronic versions of the document shall be made available to the public.

(2)

Exception

Paragraph (1) does not apply to any filed document that is not otherwise available to the public, such as a document filed under seal.

(f)

Maintenance of data

The Secretary of Defense shall ensure that the information in the system established under subsection (a) is updated regularly and kept reasonably current. Electronic files and docket information for a proceeding closed for more than five years are not required to be made available through the system, except all written opinions with a date of issuance after the date specified in subsection (h) shall remain available to the public through the system.

(g)

Authorization to charge fees

The Secretary of Defense may prescribe reasonable fees for access to information made available through the system established under subsection (a). These fees may distinguish between classes of persons, and shall provide for exempting persons or classes of persons from the fees, in order to avoid unreasonable burdens and to promote public access to such information. The Secretary of Defense shall prescribe a schedule of reasonable fees for electronic access to information which the Secretary is required to maintain and make available to the public. The Secretary of Defense shall transmit each schedule of fees prescribed under this subsection to the Congress at least 30 days before the schedule of fees becomes effective.

(h)

Effective date and applicability

The information system required by this section shall be available to the public no later than one year after the date of the enactment of this Act and apply to all proceedings under the Uniform Code of Military Justice specified in subsection (b) that have begun or been completed since the date of enactment of this Act.

557.

Revision of Department of Defense Directive-type Memorandum 15–003, relating to Registered Sex Offender Identification, Notification, and Monitoring in the Department of Defense

(a)

Revision required; database

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive-type Memorandum 15–003, relating to Registered Sex Offender Identification, Notification, and Monitoring in the Department of Defense, and all subsequent directive and guidance to ensure the following:

(1)

All provisions of the Department of Defense Directive-type Memorandum 15–003 shall go into effect not later than 180 days after its revision under this section.

(2)

The Department of Defense shall create a database (in this section referred to as the database) to track the following sex offenders:

(A)

Sex offenders who are active-duty or reserve component members of the Army, Navy, Air Force, or Marine Corps or civilian employees of the Department of Defense.

(B)

Former active-duty or reserve component members of the Army, Navy, Air Force, or Marine Corps who have been convicted of a sex offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), if not already covered by subparagraph (A).

(3)

For each individual identified in the database pursuant to paragraph (2)(A), the database shall contain the following information:

(A)

The name of the sex offender (including any alias used by the individual).

(B)

The Social Security number of the sex offender.

(C)

A physical description of the sex offender.

(D)

A current photograph of the sex offender.

(E)

The address of each residence at which the sex offender resides.

(F)

The name and address of any place where the sex offender is an employee, including the sex offender’s current assignment, duty station, physical place of work, and deployment status, if applicable.

(G)

The name and address of any place where the sex offender is a student.

(H)

The text of the provision of law defining the criminal offense for which the sex offender is registered in accordance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587) or other Federal, State, or local laws.

(I)

The criminal history of the sex offender, including the date of all arrests and convictions; the status of parole, probation, or supervised release; registration status in accordance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587) or other applicable Federal, State, or local laws; and the existence of any outstanding arrest warrants for the sex offender.

(J)

Any other information required by Secretary of Defense.

(4)

For each individual identified in the database pursuant to paragraph (2)(B), the database shall contain the following information:

(A)

The name of the sex offender (including any alias used by the individual).

(B)

The Social Security number of the sex offender.

(C)

A physical description of the sex offender.

(D)

A current photograph of the sex offender.

(E)

The last known address of each residence of the sex offender and, if released or about to be released from a military correctional facility, the intended address of residence of the sex offender.

(F)

The text of the provision of law defining the criminal offense for which the sex offender is registered in accordance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587) or other Federal, State, or local laws.

(G)

The criminal history of the sex offender, including the date of all arrests and convictions; the status of parole, probation, or supervised release; registration status in accordance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587) or other Federal, State, or local laws; and the existence of any outstanding arrest warrants for the sex offender.

(H)

Any other information required by Secretary of Defense.

(5)

The database shall be available to local, State, and Federal law enforcement agencies. In the case of each individual identified in the database pursuant to paragraph (2)(B) who fails to register with a sex offender registry in accordance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587) or other applicable Federal, State, or local laws, the Secretary of Defense shall make available on the Internet, in a manner that is readily accessible to the public, the following information:

(A)

The name of the sex offender (including any alias used by the individual).

(B)

A physical description of the sex offender.

(C)

A most recent photograph of the sex offender.

(D)

The last known address of each residence of the sex offender and, if applicable, the intended address of residence of the sex offender.

(E)

The criminal offense for which the sex offender is registered in accordance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587) or other applicable Federal, State, or local laws.

(F)

Notification that the sex offender has failed to register on a sex offender registry in accordance with Federal, State, or local laws.

(G)

Any other information required by Secretary of Defense, in accordance with existing laws and regulations.

(b)

Reporting requirements

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by adding at the end the following new paragraph:

(12)

The number of individuals released from active-duty as a members of the Army, Navy, Air Force, or Marine Corps as a result of a conviction of a sex-related offense, including the number who have registered with a local sex offender registry in accordance with local, State, and Federal law and the number who have failed to register with a local sex offender registry in accordance with local, State, and Federal law.

.

(c)

Definitions

In this section:

(1)

In this section, the term sex offender means an individual who is required to be placed on a sexual offender registry by Federal, State, or local laws, including the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587).

(2)

In this section, the term sex offense means an offense in a category of conduct punishable under the Uniform Code of Military Justice specified by the Secretary of Defense pursuant to section 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 951 note).

558.

Improved implementation of changes to Uniform Code of Military Justice

The Secretary of Defense shall examine the Department of Defense and interagency review process for implementing statutory changes to the Uniform Code of Military Justice for the purpose of developing options for streamlining such process. The Secretary shall adopt procedures to ensure that legal guidance is published at the same time as statutory changes to the Uniform Code of Military Justice are implemented.

F

Member Education, Training, and Transition

561.

Availability of preseparation counseling for members of the Armed Forces discharged or released after limited active duty

Section 1142(a)(4) of title 10, United States Code, is amended—

(1)

in subparagraph (A), by striking that member's first 180 days of active duty and inserting the first 180 continuous days of active duty of the member; and

(2)

by adding at the end the following new subparagraph:

(C)

For purposes of calculating the days of active duty of a member under subparagraph (A), the Secretary concerned shall exclude any day on which—

(i)

the member performed full-time training duty or annual training duty; and

(ii)

the member attended, while in the active military service, a school designated as a service school by law or by the Secretary concerned.

.

562.

Availability of additional training opportunities under Transition Assistance Program

Section 1144 of title 10, United States Code, is amended by adding at the end the following new subsection:

(f)

Additional training opportunities

(1)

As part of the program carried out under this section, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy, shall permit a member of the armed forces eligible for assistance under the program to elect to receive additional training in any of the following subjects:

(A)

Preparation for higher education or training.

(B)

Preparation for career or technical training.

(C)

Preparation for entrepreneurship.

(D)

Other training options determined by the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy.

(2)

The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy, shall ensure that a member of the armed forces who elects to receive additional training in subjects available under paragraph (1) is able to receive the training.

.

563.

Enhancements to Yellow Ribbon Reintegration Program

(a)

Scope and purpose

Section 582(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by striking combat veteran.

(b)

Eligibility

(1)

Definition

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by adding at the end the following new subsection:

(l)

Eligible individuals defined

For the purposes of this section, the term eligible individual means a member of a reserve component, a member of their family, or a designated representative who the Secretary of Defense determines to be eligible for the Yellow Ribbon Reintegration Program.

.

(2)

Conforming amendments

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(A)

in subsection (a), by striking National Guard and Reserve members and their families and inserting eligible individuals;

(B)

in subsection (b), by striking members of the reserve components of the Armed Forces, their families, and inserting eligible individuals;

(C)

in subsection (d)(2)(C), by striking members of the Armed Forces and their families and inserting eligible individuals;

(D)

in subsection (h), in the matter preceding paragraph (1)—

(i)

by striking members of the Armed Forces and their family members and inserting eligible individuals; and

(ii)

by striking such members and their family members and inserting such eligible individuals;

(E)

in subsection (j), by striking members of the Armed Forces and their families and inserting eligible individuals; and

(F)

in subsection (k), by striking individual members of the Armed Forces and their families and inserting eligible individuals.

(c)

Office for reintegration programs

Section 582(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(1)

in subparagraph (1)(B), by striking substance abuse and mental health treatment services and inserting substance abuse, mental health treatment, and other quality of life services; and

(2)

by adding at the end the following new paragraph:

(3)

Grants

The Office for Reintegration Programs may make grants to conduct data collection, trend analysis, and curriculum development and to prepare reports in support of activities under this section.

.

(d)

Operation of program

(1)

Enhanced flexibility

Subsection (g) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended to read as follows:

(g)

Operation of program

(1)

In general

The Office for Reintegration Programs shall assist State National Guard and Reserve organizations with the development and provision of information, events, and activities to support the health and well-being of eligible individuals before, during, and after periods of activation, mobilization, or deployment.

(2)

Focus of information, events, and activities

(A)

Before activation, mobilization, or deployment

Before a period of activation, mobilization, or deployment, the information, events, and activities described in paragraph (1) should focus on preparing eligible individuals and affected communities for the rigors of activation, mobilization, and deployment.

(B)

During activation, mobilization, or deployment

During such a period, the information, events, and activities described in paragraph (1) should focus on—

(i)

helping eligible individuals cope with the challenges and stress associated with such period;

(ii)

decreasing the isolation of eligible individuals during such period; and

(iii)

preparing eligible individuals for the challenges associated with reintegration.

(C)

After activation, mobilization, or deployment

After such a period, but no earlier than 30 days after demobilization, the information, events, and activities described in paragraph (1) should focus on—

(i)

reconnecting the member with their families, friends, and communities;

(ii)

providing information on employment opportunities;

(iii)

helping eligible individuals deal with the challenges of reintegration;

(iv)

ensuring that eligible individuals understand what benefits they are entitled to and what resources are available to help them overcome the challenges of reintegration; and

(v)

providing a forum for addressing negative behaviors related to operational stress and reintegration.

(3)

Member pay

Members shall receive appropriate pay for days spent attending such events and activities.

(4)

Minimum number of events and activities

The State National Guard and Reserve Organizations shall provide to eligible individuals—

(A)

one event or activity before a period of activation, mobilization, or deployment;

(B)

one event or activity during a period of activation, mobilization, or deployment; and

(C)

two events or activities after a period of activation, mobilization, or deployment.

.

(2)

Conforming amendments

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(A)

in subsection (a), by striking throughout the entire deployment cycle;

(B)

in subsection (b)—

(i)

by striking well-being through the 4 phases through the end of the subsection and inserting well-being.;

(ii)

in the heading, by striking ; Deployment Cycle;

(C)

in subsection (d)(2)(C), by striking throughout the deployment cycle described in subsection (g); and

(D)

in the heading of subsection (f), by striking State Deployment Cycle.

(e)

Additional permitted outreach service

Section 582(h) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by adding at the end the following new paragraph:

(16)

Stress management and positive coping skills.

.

(f)

Support of department-wide suicide prevention efforts

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by inserting after subsection (h) the following new subsection:

(i)

Support of suicide prevention efforts

The Office for Reintegration Programs shall assist the Defense Suicide Prevention Office and the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury to collect and analyze information, suggestions, and best practices from State National Guard and Reserve organizations with suicide prevention and community response programs.

.

(g)

Name change

Section 582(d)(1)(B) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by striking Substance Abuse and the Mental Health Services Administration and inserting Substance Abuse and Mental Health Services Administration.

564.

Appointments to military service academies from nominations made by Delegates in Congress from the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands

(a)

United States Military Academy

Section 4342(a) of title 10, United States Code, is amended—

(1)

in paragraph (6), by striking Three and inserting Four;

(2)

in paragraph (8), by striking Three and inserting Four;

(3)

in paragraph (9), by striking Two and inserting Three; and

(4)

in paragraph (10), by striking Two and inserting Three.

(b)

United States Naval Academy

Section 6954(a) of title 10, United States Code, is amended—

(1)

in paragraph (6), by striking Three and inserting Four;

(2)

in paragraph (8), by striking Three and inserting Four;

(3)

in paragraph (9), by striking Two and inserting Three; and

(4)

in paragraph (10), by striking Two and inserting Three.

(c)

United States Air Force Academy

Section 9342(a) of title 10, United States Code, is amended—

(1)

in paragraph (6), by striking Three and inserting Four;

(2)

in paragraph (8), by striking Three and inserting Four;

(3)

in paragraph (9), by striking Two and inserting Three; and

(4)

in paragraph (10), by striking Two and inserting Three.

(d)

Effective Date

The amendments made by this section shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering these military service academies after the date of the enactment of this Act.

565.

Recognition of additional involuntary mobilization duty authorities exempt from five-year limit on reemployment rights of persons who serve in the uniformed services

Section 4312(c)(4)(A) of title 38, United States Code, is amended by inserting after 12304, the following: 12304a, 12304b,.

566.

Job Training and Post-Service Placement Executive Committee

Section 320 of title 38, United States Code, is amended—

(1)

in subsection (b)(2), by inserting a subordinate Job Training and Post-Service Placement Executive Committee, before and such other committees;

(2)

by adding at the end the following new subsection:

(e)

Job Training and Post-Service Placement Executive Committee

The Job Training and Post-Service Placement Executive Committee described in subsection (b)(2) shall—

(1)

review existing policies, procedures, and practices of the Departments (including the military departments) with respect to job training and post-service placement programs; and

(2)

identify changes to such policies, procedures, and practices to improve job training and post-service placement.

; and

(3)

in subsection (d)(2), by inserting , including with respect to job training and post-service placement before the period at the end.

567.

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 and veterans.

(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.

568.

Program regarding civilian credentialing for skills required for certain military occupational specialties

Section 558 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2015 note) is amended by adding at the end the following new subsection:

(e)

Inclusion of specified military occupational specialties

The pilot program required by this section shall include at a minimum the following military occupational specialties:

(1)

Army 31B Military Police.

(2)

Navy MA Master-At-Arms.

(3)

Air Force 3P0X1 Security Forces.

(4)

Marine Corps 5811 Military Police.

(5)

Army 11B Infantryman.

(6)

Marine Corps 0311 Rifleman.

.

569.

Mariner training

Section 2015 of title 10, United States Code, is amended—

(1)

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

(2)

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

(d)

Special rules for mariner duties

(1)

The program required by subsection (a) shall ensure to the greatest extent practicable that—

(A)

members of the armed forces whose duties are primarily as a mariner receive training opportunities necessary to meet the requirements for licenses, certificates of registry, and merchant mariners’ documents issued under part E of subtitle II of title 46, and to acquire a Convention on Standards of Training, Certification, and Watchkeeping for Seafarers endorsement to such licenses and documents;

(B)

such members assigned to a vessel’s deck and engineering departments have a designated path to meet the requirements for such licenses, documents, and endorsement commensurate with their positional responsibilities;

(C)

courses in marine navigation, leadership, operation, and maintenance taken while such a member is in the armed forces are submitted to the National Maritime Center for use in assessments of the fulfillment by the member of the requirements for receiving such licenses, documents, and endorsement; and

(D)

such members in the deck and engineering departments have the opportunity to attend merchant mariner credentialing programs that meet training requirements not offered by the armed forces.

(2)

The Secretary of the department in which the Coast Guard is operating shall ensure that any assessment of the training and experience of an applicant who is or has been a member of the armed forces is conducted without any limitation related to the member’s military pay grade.

.

570.

Report on civilian and military education to respond to future threats

(a)

In general

Not later than June 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report describing both civilian and military education requirements necessary to meet any threats anticipated in the future security environment as described in the quadrennial defense review. Such report shall include—

(1)

an assessment of the learning outcomes required of future members of the Armed Forces and senior military leaders to meet such threats;

(2)

an assessment of the shortfalls in current professional military education requirements in meeting such threats;

(3)

an assessment of successful professional military education programs that further the ability of the Department of Defense to meet such threats;

(4)

recommendations of subjects to be covered by civilian elementary and secondary schools in order to better prepare students for potential military service;

(5)

recommendations of subjects to be included in professional military education programs;

(6)

recommendations on whether partnerships between the Department of Defense and private institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) would help meet such threats; and

(7)

an identification of opportunities for the United States to strengthen its leadership role in the future security environment and a description of how the recommendations made in this report contribute to capitalizing on such opportunities.

(b)

Updated reports

Not later than 10 months after date of the publication of each subsequent quadrennial defense review, the Secretary of Defense shall update the report described under subsection (a) and shall submit such report to the congressional defense committees.

570a.

Availability of cyber security and IT certifications for Department of Defense personnel critical to network defense

(a)

In general

Section 2015 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking to obtain and inserting and when appropriate, other Department of Defense personnel, to obtain; and

(B)

by adding or industry recognized between professional and credentials; and

(2)

in subsection (b), by adding at the end the following:

(3)

The authority under paragraph (1) may be used to pay the expenses of a member of the active Air Force, Army, Navy, Coast Guard, the reserve components, defense contractors, or civilians with access to information systems and identified as critical to network defense to obtain professional and industry recognized credentials related to information technology and cyber security functions.

.

(b)

Construction

No additional funds are authorized to be appropriated to carry out the amendments made by this section, and such amendments shall be carried out using amounts otherwise made available for such purposes.

G

Defense Dependents' Education and Military Family Readiness Matters

571.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2016 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $30,000,000 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)).

572.

Extension of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces

Section 554(f) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1785 note) is amended by striking 2016 and inserting 2018.

573.

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.

574.

Study regarding feasibility of using DEERS to track dependents of members of the Armed Forces and Department of Defense civilian employees who are elementary or secondary education students

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of a study regarding the feasibility of using the Defense Enrollment Eligibility Reporting System (DEERS) to maintain records of where students who are dependents of members of the Armed Forces or Department of Defense civilian employees are enrolled in elementary or secondary education, be it private, public, or home-schooled.

575.

Sense of Congress regarding support for dependents of members of the Armed Forces attending specialized camps

(a)

Findings

Congress makes the following findings:

(1)

It has been shown that some members of the Armed Forces have a difficult time transitioning back into civilian life due to post-traumatic stress and other behavioral health disorders from traumatic events they experienced during combat.

(2)

The children of returning members of the Armed Forces who suffer from post-traumatic stress and other behavioral health disorders often also suffer from severe distress due to the lack of a stable home environment and loss of a strong parental figure for guidance.

(3)

The children of members of the Armed Forces who are in severe distress can be helped by being given the opportunity to participate in intensive specialized programs outside of their regular environment with other children who are going through similar situations.

(b)

Sense of Congress

It is the sense of Congress that the Department of Defense should continue to support dependents of members of the Armed Forces in attending camps offered by nonprofit organizations that are using evidence-based practices to provide support to children grieving the loss of a parent, guardian, or sibling, or who have a parent, guardian, or sibling who suffers from post-traumatic stress or a behavioral health disorder.

H

Decorations and Awards

581.

Authorization for award of the Distinguished-Service Cross for acts of extraordinary heroism during the Korean War

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to Edward Halcomb who, while serving in Korea as a member of the United States Army in the grade of Private First Class in Company B, 1st Battalion, 29th Infantry Regiment, 24th Infantry Division, distinguished himself by acts of extraordinary heroism from August 20, 1950, to October 19, 1950, during the Korean War.

582.

Limitation on authority of Secretaries of the military departments regarding revocation of combat valor awards

(a)

Prohibition

Chapter 57 of title 10, United States Code, is amended by inserting after section 1133 the following new section:

1133a.

Limitation on revocation of combat valor awards

The Secretary of a military department may not revoke a combat valor award awarded to a member of the armed forces under the jurisdiction of that Secretary unless the conduct of the member during the period of service during which the distinguished act occurred was not honorable. The Secretary may not consider the characterization of the member’s service outside of the actual time period covered by the award.

.

(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 1133 the following new item:

1133a. Limitation on revocation of combat valor awards.

.

583.

Award of Purple Heart to members of the Armed Forces who were victims of the Oklahoma City, Oklahoma, bombing

Notwithstanding section 571(a)(2) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3387), the Secretary of the military department concerned shall award the Purple Heart pursuant to section 1129a of title 10, United States Code, to the following members of the Armed Forces who were killed in the bombing that occurred at the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995:

(1)

Sergeant First Class Lola Renee Bolden, United States Army.

(2)

Sergeant Benjamin Laranzo Davis, United States Marine Corps.

(3)

Captain Randolph Albert Guzman, United States Marine Corps.

(4)

Airman First Class Lakesha Racquel Levy, United States Air Force.

(5)

Airman First Class Cartney Jean Mcraven, United States Air Force.

(6)

Master Sergeant Victoria Lee Sohn, United States Army.

584.

Atomic veterans service medal

(a)

Service medal required

The Secretary of Defense shall design and produce a military service medal, to be known as the Atomic Veterans Service Medal, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b)

Distribution of medal

(1)

Issuance to retired and former members

At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2)

Issuance to next-of-kin

In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3)

Application

The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

585.

Posthumous commission as captain in the regular Army for Milton Holland

(a)

Posthumous commission

Milton Holland, who, while sergeant major of the 5th Regiment, United States Colored Infantry, was awarded the Medal of Honor in recognition of his action on September 29, 1864, during the Battle of Chapin’s Farm, Virginia, when, as the citation for the medal states, he took command of Company C, after all the officers had been killed or wounded, and gallantly led it, shall be deemed for all purposes to have held the grade of captain in the regular Army, effective as of that date and continuing until his separation from the Army.

(b)

Prohibition of benefits

Section 1523 of title 10, United States Code, applies in the case of the posthumous commission described in subsection (a).

586.

Sense of Congress supporting the decision of the Army to posthumously promote Master Sergeant (retired) Naomi Horwitz to Sergeant Major

(a)

Findings

Congress finds the following:

(1)

Naomi Horwitz was born in Milwaukee, Wisconsin in 1916.

(2)

In 1942, Ms. Horwitz marched into the Army recruiters office and asked to join.

(3)

Ms. Horwitz served with the Women's Army Auxiliary Corps, the Women’s Army Corps, and the Reserves.

(4)

Ms. Horwitz served from 1942 until 1946 and reenlisted a few years later.

(5)

On October 24, 1965, one of the proudest moments of her military career, Ms. Horwitz’s was promoted to the rank of Sergeant Major in the U.S. Army Reserve.

(6)

As women were only eligible to hold the rank of Sergeant Major since 1960, Ms. Horwitz was one of only a handful of women to hold such rank during that time period.

(7)

Despite her promotion, Ms. Horwitz was not allowed to hold the rank of Sergeant Major.

(8)

Ms. Horwitz retired from the military in 1976 at a lower rank.

(9)

After her retirement from the military, Ms. Horwitz was a tireless veteran’s advocate serving for decades with AMVETS Post 60, Jewish War Veterans, the American Legion Milwaukee Women's Post 448, the Allied Veterans Council of Milwaukee and the Veterans Day Parade Committee.

(10)

Ms. Horwitz was named Veteran of the Year in Milwaukee County in 2004.

(11)

In October 2014, Ms. Horwitz died at the age of 98.

(12)

One of Ms. Horwitz’s final wishes was that one of the proudest moment of her Army career be reflected on her gravestone.

(13)

In March 2015, the Secretary of the Army corrected this injustice and approved a request to posthumously promote Sergeant Major Horwitz.

(b)

Sense of Congress

Congress—

(1)

joins the Army and our Nation in expressing our gratitude to Sergeant Major Naomi Horwitz for her 26 years of honorable military service and continued civilian service; and

(2)

supports the decision of the Army to posthumously promote Master Sergeant (retired) Naomi Horwitz to Sergeant Major.

I

Reports and Other Matters

591.

Authority for United States Air Force Institute of Technology to charge and retain tuition for instruction of persons other than Air Force personnel detailed for instruction at the Institute

(a)

Institute instruction of persons other than air force personnel

Section 9314a of title 10, United States Code, is amended—

(1)

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

(2)

by redesignating subsection (b) as paragraph (4) of subsection (d), as so redesignated; and

(3)

by inserting before subsection (d), as so redesignated, the following new subsections:

(a)

Members of the Armed Forces Other Than the Air Force Who Are Detailed to the Institute

(1)

The Department of the Army, the Department of the Navy, and the Department of Homeland Security shall bear the cost of the instruction at the Air Force Institute of Technology that is received by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, and Homeland Security, respectively.

(2)

Members of the Army, Navy, Marine Corps, and Coast Guard may only be detailed for instruction at the Institute on a space-available basis.

(3)

In the case of an enlisted member of the Army, Navy, Marine Corps, or Coast Guard detailed to receive instruction at the Institute, the Secretary of the Air Force shall charge the Secretary concerned only for such costs and fees as the Secretary considers appropriate (taking into consideration the admission of enlisted members on a space-available basis).

(b)

Federal civilian employees other than air force employees who are detailed to the institute

(1)

The Institute shall charge tuition for the cost of providing instruction at the Institute for any civilian employee of a military department (other than a civilian employee of the Department of the Air Force), of another component of the Department of Defense, or of another Federal agency who is detailed to receive instruction at the Institute.

(2)

The cost of any tuition charged an individual under this subsection shall be borne by the department, agency, or component that details the individual for instruction at the Institute.

(c)

Non-detailed persons

(1)

The Secretary of the Air Force may permit persons described in paragraph (2) to receive instruction at the United States Air Force Institute of Technology on a space-available basis.

(2)

Paragraph (1) applies to any of the following persons:

(A)

A member of the armed forces not detailed for that instruction by the Secretary concerned.

(B)

A civilian employee of a military department, of another component of the Department of Defense, of another Federal agency, or of a State’s National Guard not detailed for that instruction by the Secretary concerned or head of the other Department of Defense component, other Federal agency, or the National Guard.

(C)

A United States citizen who is the recipient of a competitively selected Federal or Department of Defense sponsored scholarship or fellowship with a defense focus in areas of study related to the academic disciplines offered by the Air Force Institute of Technology and which requires a service commitment to the Federal government in exchange for educational financial assistance.

(3)

If a scholarship or fellowship described in paragraph (2)(C) includes a stipend, the Institute may accept the stipend payment from the scholarship or fellowship sponsor and make a direct payment to the individual.

.

(b)

Conforming amendments related to redesignation and other conforming amendments

Section 9314a of title 10, United States Code, is amended—

(1)

in subsection (d), as redesignated by subsection (a)(1)—

(A)

by striking Admission Authorized and inserting Defense Industry Employees;

(B)

in paragraph (1), by striking subsection (b) and inserting paragraph (4); and

(C)

in paragraph (4), as redesignated by subsection (a)(2), by striking “Eligible Defense Industry Employees.—”;

(2)

in subsection (f)(1), as redesignated by subsection (a)(1), by striking subsection (a)(1) and inserting subsection (d)(1);

(3)

in subsection (g)(1), as redesignated by subsection (a)(1)—

(A)

by striking under this section and inserting under subsections (c) and (d); and

(B)

by inserting before the period at the end the following: who are detailed to receive instruction at the Institute under subsection (b); and

(4)

in subsection (h), as redesignated by subsection (a)(1), by striking defense industry employees enrolled under this section and inserting persons enrolled under this section who are not members of the armed forces or Government civilian employees.

(c)

Conditions on admission of defense industry civilians

Subsection (e)(2) of section 9314a of title 10, United States Code, as redesignated by subsection (a)(1), is amended by striking will be done on a space-available basis and not require an increase in the size of the faculty and inserting will not require an increase in the permanently authorized size of the faculty.

(d)

Statutory reorganization

Chapter 901 of title 10, United States Code, is amended—

(1)

by transferring subsections (d) and (f) of section 9314 to the end of section 9314b and redesignating those subsections as subsections (c) and (d), respectively; and

(2)

by striking subsection (e) of section 9314.

(e)

Clerical amendments

(1)

Section headings

(A)

The heading of section 9314 of title 10, United States Code, is amended to read as follows:

9314.

United States Air Force Institute of Technology: degree granting authority

.

(B)

The heading of section 9314a of such title is amended to read as follows:

9314a.

United States Air Force Institute of Technology: reimbursement and tuition; instruction of persons other than Air Force personnel

.

(2)

Table of sections

The table of sections at the beginning of chapter 901 of such title is amended by striking the items relating to sections 9314 and 9314a and inserting the following new items:

9314. United States Air Force Institute of Technology: degree granting authority.

9314a. United States Air Force Institute of Technology: reimbursement and tuition; instruction of persons other than Air Force personnel.

.

592.

Honoring certain members of the reserve components as veterans

(a)

Veteran status

(1)

In general

Chapter 1 of title 38, United States Code, is amended by inserting after section 107 the following new section:

107A.

Honoring as veterans certain persons who performed service in the reserve components

Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this section.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 107 the following new item:

107A. Honoring as veterans certain persons who performed service in the reserve components

.

(b)

Clarification regarding benefits

No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of section 107A of title 38, United States Code, as added by subsection (a).

593.

Sense of Congress regarding support for military divers

(a)

Findings

Congress finds the following:

(1)

Military divers are serving and have served in the noble and self-sacrificing profession of military diving in the Armed Forces.

(2)

Military divers were created at the turn of the twentieth century, the trademark of diving is the Mark Five Dive Helmet created in 1915.

(3)

Military divers perform a dangerous and selfless task often without recognition, risking their lives on behalf of the United States.

(4)

The United States will forever be in debt to personnel in the profession of military diving for their bravery and sacrifice in times of peace and war.

(4)

People in the United States should express their recognition and gratitude for military divers and the diving profession.

(5)

In 1939, when the submarine U.S.S. Squalus sank, Navy divers used an experimental rig to rescue all 33 sailors aboard the vessel who survived the initial sinking, and the divers were awarded the Medal of Honor for their role in the rescue.

(6)

In 1941, after the attack on Pearl Harbor, Navy divers raised every battleship that was sunk at Pearl Harbor, to the surface (with the exception of the U.S.S. Arizona, U.S.S. Utah, and the U.S.S. Oklahoma).

(7)

The raised ships were repaired and sent back out to fight the Imperial Japanese Navy.

(8)

In 1986, when Space Shuttle Challenger exploded, Navy divers recovered the remains and debris.

(9)

When TWA Flight 800, Swissair Flight 111, and EgyptAir Flight 990 crashed, among others, Navy divers recovered the remains and debris.

(10)

In 1999, when John F. Kennedy Jr., Carolyn Bessette, and Lauren Bessette died in a plane crash, Navy divers recovered their remains and debris.

(11)

In 2003, during the Quecreek Mine Rescue in Somerset County, Pennsylvania, Navy divers treated the recovered miners in Fly Away Recompression Chambers.

(b)

Sense of Congress

In light of the findings under subsection (a), Congress—

(1)

reaffirms its support for the sacrifices made by military divers during the past 100 years;

(2)

recognizes the sacrifices of those who have volunteered as military divers for their bravery; and

(3)

encourages the Department of Defense to honor those who are serving and have served in the noble and self-sacrificing profession of military diving in the Armed Forces.

594.

Transfer and adoption of military animals

(a)

Availability for Adoption

Section 2583(a) of title 10, United States Code, is amended by striking may in the matter preceding paragraph (1) and inserting shall.

(b)

Authorized Recipients

Subsection (c) of section 2583 of title 10, United States Code, is amended to read as follows:

(c)

Authorized Recipients

(1)

A military animal shall be made available for adoption under this section, in order of recommended priority—

(A)

by former handlers of the animal;

(B)

by law enforcement agencies; and

(C)

by other persons capable of humanely caring for the animal.

(2)

If the Secretary of the military department concerned determines that an adoption is justified under subsection (a)(2) under circumstances under which the handler of a military working dog is wounded in action, the dog shall be made available for adoption only by the handler. If the Secretary of the military department concerned determines that such an adoption is justified under circumstances under which the handler of a military working dog is killed in action or dies of wounds received in action, the military working dog shall be made available for adoption only by a parent, child, spouse, or sibling of the deceased handler.

.

595.

Coordination with non-government suicide prevention organizations and agencies to assist in reducing suicides

(a)

Policy required

(1)

In general

The Secretary of Defense shall develop a policy to coordinate the efforts of the Department of Defense and non-government suicide prevention organizations regarding—

(A)

the use of such non-government organizations to reduce the number of suicides among members of the Armed Forces by comprehensively addressing the needs of members of the Armed Forces who have been identified as being at risk of suicide;

(B)

the delineation of the responsibilities within the Department of Defense regarding interaction with such organizations; and

(C)

the collection of data regarding the efficacy and cost of coordinating with such organizations; and

(D)

the preparation and preservation of any reporting material the Secretary determines necessary to carry out this section.

(2)

Selection of organizations

The policy required by paragraph (1) shall include a policy on the identification of appropriate non-government organizations by the Secretary of Defense using factors developed by the Secretary. Such factors shall include—

(A)

the record of an organization in reducing suicide rates among participants in the programs carried out by the organization;

(B)

the familiarity of an organization with the structure, ethos, and environment of the Armed Forces;

(C)

the demonstrated experience of an organization in understanding and working with injured and disabled members of the Armed Forces, including those who were injured in combat;

(D)

the expertise of an organization in improving the emotional well being, mental clarity, and ability to perform missions of program participants; and

(E)

the expertise of an organization in improving the health and fitness of program participants.

(3)

Authority of Secretary of Defense

The Secretary of Defense shall be authorized to take any necessary measures to prevent suicides by members of the Armed Forces, including by facilitating the access of members of the Armed Forces to successful non-governmental treatment regimen.

(4)

Consultation

In developing the policy under this subsection, the Secretary of Defense shall consult with the Secretaries of each of the military departments and the Chief of the National Guard Bureau.

(b)

Submission and implementation

(1)

Submission

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a copy of the policy developed under this section.

(2)

Deadline for implementation

The Secretary of Defense shall ensure that the policy developed under this section is implemented by not later than the date that is 180 days after the submission of the policy under paragraph (1).

596.

Sense of Congress on desirability of service-wide adoption of Gold Star Installation Access Card

It is the sense of Congress that the Secretary of each military department and the Secretary of the Department in which the Coast Guard is operating should—

(1)

provide for the issuance of a Gold Star Installation Access Card to Gold Star family members who are the survivors of deceased members of the Armed Forces in order to expedite the ability of a Gold Star family member to gain unescorted access to military installations for the purpose of obtaining the on-base services and benefits for which the Gold Star family member is entitled or eligible;

(2)

work jointly to ensure that a Gold Star Installation Access Card issued to a Gold Star family member by one Armed Force is accepted for access to military installations of another Armed Force; and

(3)

in developing, issuing, and accepting the Gold Star Installation Access Card—

(A)

prevent fraud in the procurement or use of the Gold Star Installation Access Card;

(B)

limit installation access to those areas that provide the services and benefits for which the Gold Star family member is entitled or eligible; and

(C)

ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security.

597.

Annual report on performance of regional offices of the Department of Veterans Affairs

Section 7734 of title 38, United States Code, is amended—

(1)

in the first sentence, by inserting before the period the following: and on the performance of any regional office that fails to meet its administrative goals;

(2)

in paragraph (2), by striking and;

(3)

by redesignating paragraph (3) as paragraph (4); and

(4)

by inserting after paragraph (2) the following new paragraph (3):

(3)

in the case of any regional office that, for the year covered by the report, did not meet the administrative goal of no claim pending for more than 125 days and an accuracy rating of 98 percent—

(A)

a signed statement prepared by the individual serving as director of the regional office as of the date of the submittal of the report containing—

(i)

an explanation for why the regional office did not meet the goal;

(ii)

a description of the additional resources needed to enable the regional office to reach the goal; and

(iii)

a description of any additional actions planned for the subsequent year that are proposed to enable the regional office to meet the goal; and

(B)

a statement prepared by the Under Secretary for Benefits explaining how the failure of the regional office to meet the goal affected the performance evaluation of the director of the regional office; and

.

598.

Preliminary mental health screenings for individuals becoming members of the Armed Forces

(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 screenings

(a)

Provision of mental health screening

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 screening.

(b)

Use of screening

(1)

The Secretary shall use the results of a mental screening conducted under subsection (a) as a baseline for any subsequent mental health examinations of the individual, including such examinations provided under sections 1074f and 1074m of this title.

(2)

The Secretary may not consider the results of a mental health screening conducted under subsection (a) in determining the 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 screening 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 screenings.

.

(c)

Reports

(1)

Initial report

(A)

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 screenings of members of the Armed Forces.

(B)

Matters included

The report under subparagraph (A) shall include the following:

(i)

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

(ii)

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

(C)

Coordination

The National Institute of Mental Health shall carry out subparagraph (A) in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the surgeons general of the military departments, and other relevant experts.

(2)

Reports on efficacy of screenings

(A)

Secretary of Defense

Not later than one year after the date on which the Secretary of Defense begins providing preliminary mental health screenings under section 520d(a) of title 10, United States Code, as added by subsection (a), the Secretary shall submit to Congress a report on the efficacy of such preliminary mental health screenings.

(B)

Comptroller General

Not later than one year after the submittal of the report under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report on the efficacy of the preliminary mental health screenings described in such subparagraph.

(C)

Matters included

The reports required by subparagraphs (A) and (B) shall include the following:

(i)

An evaluation of the evidence-based best practices used by the Secretary in composing and conducting preliminary mental health screenings of members of the Armed Forces under such section 520d(a).

(ii)

An evaluation of the evidence-based best practices used by the Secretary in tracking changes in mental health screenings relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions among members of the Armed Forces.

(d)

Implementation of preliminary mental health screening

The Secretary of Defense may not provide a preliminary mental health screening under section 520d(a) of title 10, United States Code, as added by subsection (a), until the Secretary receives and evaluates the initial report required by subsection (c)(1).

(e)

Report on efficacy of physical examinations for certain members of the Armed Forces upon separation from active duty

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the efficacy of the mental health components of the physical examinations provided under paragraph (5) of section 1145(a) of title 10, United States Code, to members of the Armed Forces who are separated from active duty as described in paragraph (2) of such section.

(2)

Evaluation of effectiveness

The report required by paragraph (1) shall include an evaluation of the effectiveness of the physical examinations described in such subsection in—

(A)

identifying members of the Armed Forces with traumatic brain injury, post-traumatic stress disorder, and other mental health conditions; and

(B)

ensuring that health care is provided for such members.

599.

Report regarding new rulemaking under the Military Lending Act and Defense Manpower Data Center reports and meetings

(a)

Report on new Military Lending Act rulemaking

After the issuance by the Secretary of Defense of the regulation issued with regard to section 987 of title 10, United States Code (commonly known as the Military Lending Act), and part of 232 of title 32, Code of Federal Regulations (its implementing regulation), but before the relevant compliance date for any provisions of such regulation that relate to the identification of a covered borrower under the Military Lending Act, the Secretary shall submit to Congress a report that discusses—

(1)

the ability and reliability of the Defense Manpower Data Center in meeting real-time requests for accurate information needed to make a determination regarding whether a borrower is covered by the Military Lending Act; or

(2)

an alternate mechanism or mechanisms for identifying such covered borrowers.

(b)

Defense Manpower Data Center reports and meetings

(1)

Reports on accuracy, reliability, and integrity of systems

The Director of the Defense Manpower Data Center shall submit to Congress reports on the accuracy, reliability, and integrity of the Defense Manpower Data Center systems used to identify covered borrowers and covered policyholders under military consumer protection laws. The first report is due six months after the date of the enactment of this Act, and the Director shall submit additional reports every six months thereafter as necessary to show improvements in the accuracy, reliability, and integrity of such systems.

(2)

Report on plan to strengthen capabilities

Not later than six months after the date of the enactment of this Act, the Director of the Defense Manpower Data Center shall submit to Congress a report on plans to strengthen the capabilities of the Defense Manpower Data Center systems, including staffing levels and funding, in order to improve the identification of covered borrowers and covered policyholders under military consumer protection laws.

(3)

Meetings with private sector users of systems

The Director of the Defense Manpower Data Center shall meet regularly with private sector users of Defense Manpower Data Center systems used to identify covered borrowers and covered policyholders under military consumer protection laws to learn about issues facing such users and to develop ways of addressing such issues. The first meeting pursuant to this requirement shall take place with three months after the date of the enactment of this Act.

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, 2015 and inserting December 31, 2016.

602.

Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel

(a)

Members of the uniformed services

Section 474(d)(3) of title 37, United States Code, is amended by adding at the end the following new sentence: The Secretaries concerned shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the temporary duty assignment of a member of the uniformed services in the locality..

(b)

Civilian employees

Section 5702(a)(2) of title 5, United States Code, is amended by adding at the end the following new sentence: The Secretary of the Department of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel of an employee of the Department in the locality..

(c)

Repeal of policy and regulations

The policy, and any regulations issued pursuant to such policy, implemented by the Secretary of the Department of Defense on November 1, 2014, with respect to reductions in per diem allowances based on duration of temporary duty assignment or civilian travel shall have no force or effect.

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, 2015 and inserting December 31, 2016:

(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, 2015 and inserting December 31, 2016:

(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, 2015 and inserting December 31, 2016:

(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, 2015 and inserting December 31, 2016:

(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, 2015 and inserting December 31, 2016:

(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, 2015 and inserting December 31, 2016:

(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.

616.

Increase in maximum annual amount of nuclear officer bonus pay

Section 333(d)(1)(A) of title 37, United States Code, is amended by striking $35,000 and inserting $50,000.

617.

Modification to special aviation incentive pay and bonus authorities for officers

(a)

Clarification of secretarial authority to set requirements for aviation incentive pay eligibility

Section 334(a) of title 37, United States Code, is amended—

(1)

by striking The Secretary and inserting the following:

(1)

Incentive pay authorized; eligibility

The Secretary

;

(2)

by designating existing paragraphs (1), (2), (3), (4), and (5) as subparagraphs (A), (B), (C), (D), and (E), respectively, and moving the margin of such subparagraphs, as so designated, 2 ems to the right; and

(3)

by adding at the end the following new paragraph:

(2)

Officers not currently engaged in flying duty

The Secretary concerned may pay aviation incentive pay under this section to an officer who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment of aviation incentive pay to that officer is in the best interests of the service.

.

(b)

Restoration of authority to pay aviation incentive pay to medical officers performing flight surgeon duties

Section 334(h)(1) of title 37, United States Code, is amended by striking (except a flight surgeon or other medical officer).

(c)

Increase in maximum amount of aviation special pays

Section 334(c)(1) of title 37, United States Code, is amended—

(1)

in subparagraph (A), by striking $850 and inserting $1,000.

(2)

in subparagraph (B), is amended by striking $25,000 and inserting $35,000.

(d)

Authority to pay aviation bonus and skill incentive pay simultaneously to officers

Section 334(f) of title 37, United States Code, is amended—

(1)

in paragraph (1), by striking 353 and inserting 353(a); and

(2)

in paragraph (2)—

(A)

by striking a payment and inserting a bonus payment; and

(B)

by striking 353 and inserting 353(b).

618.

Repeal of obsolete special travel and transportation allowance for survivors of deceased members of the Armed Forces from the Vietnam conflict

(a)

Repeal and redesignation

Section 481f of title 37, United States Code, is amended—

(1)

by striking subsection (d); and

(2)

by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g).

(b)

Conforming amendment to cross reference

Section 2493(a)(4)(B)(ii) of title 10, United States Code, is amended by striking section 481f(e) and inserting section 481f(d).

C

Modernization of Military Retirement System

631.

Full participation for members of the uniformed services in Thrift Savings Plan

(a)

Modernized retirement system

(1)

Definitions

Section 8440e(a) of title 5, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:

(1)

the term basic pay means basic pay payable under section 204 of title 37;

(2)

the term full TSP member means a member described in subsection (e)(1);

(3)

the term member has the meaning given the term in section 211 of title 37; and

(4)

the term Secretary concerned has the meaning given the term in section 101 of title 37.

.

(2)

TSP matching contributions

Subsection (e) of section 8440e of title 5, United States Code, is amended to read as follows:

(e)

Modernized retirement system

(1)

TSP matching contributions

Notwithstanding any other provision of law, the Secretary concerned shall make contributions to the Thrift Savings Fund, in accordance with section 8432 of this title (except to the extent the requirements under such section are modified by this subsection), for the benefit of a member—

(A)

who first enters a uniformed service on or after October 1, 2017; or

(B)

who entered a uniformed service before that date, but who makes the election described in section 1409(b)(4) of title 10 to receive Thrift Savings Plan matching contributions under this subsection in exchange for the reduced multipliers described in section 1409(b)(4)(B) of title 10 for purposes of calculating the retired pay of the member.

(2)

Matching amount

The amount contributed under this subsection by the Secretary concerned with respect to any contribution made by a full TSP member for any pay period shall be equal to such portion of the total amount of the member’s contribution as does not exceed 5 percent of the member’s basic pay for the pay period. Such amount contributed under this subsection is instead of, and not in addition to, amounts contributed under section 8432(c)(2) of this title.

(3)

Timing and duration of matching contributions

The Secretary concerned shall make a contribution under this subsection on behalf of a full TSP member for any pay period for the member that—

(A)

begins on or after December 1, 2017; and

(B)

covers any period of service by the member after the member completes two years of service.

(4)

Protections for spouses and former spouses

Section 8435 of this title shall apply to a full TSP member in the same manner as such section is applied to an employee or Member under such section.

.

(b)

Automatic enrollment in Thrift Savings Plan

Section 8432(b)(2) of title 5, United States Code, is amended—

(1)

in subparagraph (D)(ii), by striking Members and inserting (ii) Except in the case of a full TSP member (as defined in section 8440e(a) of this title), members;

(2)

in subparagraph (E), by striking 8440e(a)(1) and inserting 8440e(b)(1); and

(3)

by adding at the end the following new subparagraph:

(F)

Notwithstanding any other provision of this paragraph, if a full TSP member (as defined in section 8440e(a) of this title) has declined automatic enrollment into the Thrift Savings Plan for a year, the full TSP member shall be automatically reenrolled on January 1 of the succeeding year, with contributions under subsection (a) at the default percentage of basic pay.

.

(c)

Vesting

(1)

Two-years of service

Section 8432(g)(2) of title 5, United States Code, is amended—

(A)

in subparagraph (A)(iii), by striking or after the semicolon;

(B)

in subparagraph (B), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(C)

2 years of service in the case of a member of the uniformed services.

.

(2)

Separation

Section 8432(g) of title 5, United States Code, is amended by adding at the end the following new paragraph:

(6)

For purposes of this subsection, a member of the uniformed services shall be considered to have separated from Government employment if the member is discharged or released from service in the uniformed services.

.

(d)

Thrift Savings Plan default investment fund

Section 8438(c)(2) of title 5, United States Code, is amended—

(1)

in subparagraph (A), by striking (A) Consistent with the requirements of subparagraph (B), if an and inserting If an; and

(2)

by striking subparagraph (B).

(e)

Repeal of separate contribution agreement authority

(1)

Repeal

Section 211 of title 37, United States Code, is amended—

(A)

by striking subsection (d); and

(B)

by redesignating subsection (e) as subsection (d).

(2)

Conforming amendment

Section 8432b(c)(2)(B) of title 5, United States Code, is amended by striking (including pursuant to an agreement under section 211(d) of title 37).

632.

Modernized retirement system for members of the uniformed services

(a)

Regular service

Section 1409(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(4)

Modernized retirement system

(A)

Reduced multiplier for full tsp members

Notwithstanding paragraphs (1), (2), and (3), in the case of a member who first becomes a member of the uniformed services on or after October 1, 2017, or a member who makes the election described in subparagraph (B) (referred to as a full TSP member)—

(i)

paragraph (1)(A) shall be applied by substituting 2 for ;

(ii)

clause (i) of paragraph (3)(B) shall be applied by substituting 60 percent for 75 percent; and

(iii)

clause (ii)(I) of such paragraph shall be applied by substituting 2 for .

(B)

Election to participate in modernized retirement system

Pursuant to subparagraph (C), a member of a uniformed service serving on September 30, 2017, may elect, in exchange for the reduced multipliers described in subparagraph (A) for purposes of calculating the retired pay of the member, to receive Thrift Savings Plan matching contributions pursuant to section 8440e(e) of title 5.

(C)

Election period

(i)

In general

Except as provided in clauses (ii) and (iii), a member of a uniformed service may make the election authorized by subparagraph (B) only during the period that begins on January 1, 2018, and ends on December 31, 2018.

(ii)

Hardship extension

The Secretary concerned may extend the election period described in clause (i) for a member who experiences a hardship as determined by the Secretary concerned.

(iii)

Effect of break in service

A member of a uniformed service who returns to service after a break in service that occurs during the election period specified in clause (i) shall make the election described in subparagraph (B) within 30 days after the date of the reentry into service of the member.

(D)

Regulations

The Secretary concerned shall prescribe regulations to implement this paragraph.

.

(b)

Non-regular service

Section 12739 of title 10, United States Code, is amended by adding at the end the following new subsection:

(f)

Modernized retirement system

(1)

Reduced multiplier for full tsp members

In the case of a person who first performs reserve component service on or after October 1, 2017, after not having performed regular or reserve component service on or before that date—

(A)

subsection (a)(2) shall be applied by substituting 2 percent for 2½ percent;

(B)

subparagraph (A) of subsection (c)(2) shall be applied by substituting 60 percent for 75 percent; and

(C)

subparagraph (B)(ii) of such subsection shall be applied by substituting 2 percent for 2½ percent.

(2)

Regulations

The Secretary concerned shall prescribe regulations to implement this subsection.

.

(c)

Coordinating amendments to other retirement authorities

(1)

Disability, warrant officers, and DOPMA retired pay

(A)

Computation of retired pay

The table in section 1401(a) of title 10, United States Code, is amended—

(i)

in paragraph (1) in column 2 of formula number 1, by striking 2½% of years of service credited to him under section 1208 and inserting the retired pay multiplier determined for the member under section 1409 of this title; and

(ii)

in paragraph (1) in column 2 of formula number 2, by striking 2½% of years of service credited to him under section 1208 and inserting the retired pay multiplier determined for the member under section 1409 of this title; and

(iii)

in column 2 of each of formula number 4 and formula number 5, by striking section 1409(a) and inserting section 1409.

(B)

Clarification regarding modernized retirement system

Section 1401a(b) of title 10, United States Code, is amended—

(i)

by redesignating paragraph (5) as paragraph (6); and

(ii)

by inserting after paragraph (4) the following new paragraph (5):

(5)

Adjustments for participants in modernized retirement system

Notwithstanding paragraph (3), if a member or former member makes the election described in section 1409(b)(4) of this title, the Secretary shall increase the retired pay of such member in accordance with paragraph (2).

.

(2)

15-year career status bonus

Section 354 of title 37, United States Code, is amended—

(A)

in subsection (f)—

(i)

by striking If a and inserting (1) If a; and

(ii)

by adding at the end the following new paragraph:

(2)

If a person who is paid a bonus under this section subsequently makes an election described in section 1409(b)(4) of title 10, the person shall repay any bonus payments received under this section in the same manner as repayments are made under section 373 of this title.

; and

(B)

by adding at the end the following new subsection:

(g)

Sunset and continuation of payments

(1)

A Secretary concerned may not pay a new bonus under this section after September 30, 2017.

(2)

Subject to subsection (f)(2), the Secretary concerned may continue to make payments for bonuses that were awarded under this section on or before the date specified in paragraph (1).

.

(3)

Application to National Oceanic and Atmospheric Administration Commissioned Corps

Paragraph (2) of section 245(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3045(a)) is amended to read as follows:

(2)

the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer's service were service as a member of the Armed Forces.

.

(4)

Application to Public Health Service

Section 211(a)(4) of the Public Health Service Act (42 U.S.C. 212(a)(4)) is amended—

(A)

in the matter preceding subparagraph (A), by striking at the rate of 2 ½ per centum of the basic pay of the highest grade held by him as such officer and inserting calculated by multiplying the retired pay base determined under section 1406 of title 10, United States Code, by the retired pay multiplier determined under section 1409 of such title for the numbers of years of service credited to the officer under this paragraph; and

(B)

in the matter following subparagraph (B)(iii)—

(i)

in subparagraph (C), by striking such pay, and and inserting such pay,; and

(ii)

in subparagraph (D), by striking such basic pay. and inserting such basic pay, and (E) in the case of any officer who makes the election described in section 1409(b)(4) of title 10, United States Code, subparagraph (C) shall be applied by substituting 40 per centum for 50 per centum each place the term appears..

(d)

Conforming delay in cost-of-living amendments

(1)

Delay

The amendments made by section 403(a) of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1186), as amended by section 10001 of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76; 128 Stat. 151) and section 2 of Public Law 113–82 (128 Stat. 1009), shall take effect on October 1, 2017, rather than December 1, 2015.

(2)

Covered members

Subparagraph (G) of section 1401a(b)(4) of title 10, United States Code, which shall take effect October 1, 2017, pursuant paragraph (1) and section 403(a) of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1186), section 10001 of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76; 128 Stat. 151) and section 2 of Public Law 113–82 (128 Stat. 1009), is amended by striking January 1, 2014 and inserting October 1, 2017.

(3)

Conforming repeal

Effective on the date of the enactment of this Act, section 623 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3403) is repealed.

633.

Continuation pay for full TSP members with 12 years of service

(a)

Continuation pay

Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:

356.

Continuation pay: full TSP members with 12 years of service

(a)

Continuation pay

The Secretary concerned shall make a payment of continuation pay to each full TSP member (as defined in section 8440e(a) of title 5) of the uniformed services under the jurisdiction of the Secretary who—

(1)

completes 12 years of service; and

(2)

enters into an agreement with the Secretary to serve for an additional 4 years of obligated service.

(b)

Amount

The amount of continuation pay payable to a full TSP member under subsection (a) shall be the amount that is equal to—

(1)

in the case of a member of a regular component—

(A)

the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus

(B)

at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a); and

(2)

in the case of a member of a reserve component—

(A)

the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component multiplied by 0.5; plus

(B)

at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a).