IIC
114th CONGRESS
1st Session
H.R. 1735
In the Senate of the United States
June 18, 2015.
June 18, 2015
Ordered to be printed as passed
Amendment:
That the bill from the House of Representatives (H.R. 1735) entitled 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.
, do pass with the following
Strike all after the enacting clause and insert the following:
Short title
This Act may be cited as the National Defense Authorization Act for Fiscal Year 2016
.
Organization of Act into divisions; table of contents
Divisions
This Act is organized into four divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations.
Division D—Funding tables.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A—Department of Defense Authorizations
TITLE I—Procurement
Subtitle A—Authorization of appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Navy programs
Sec. 111. Amendment to cost limitation baseline for CVN–78 class aircraft carrier program.
Sec. 112. Limitation on availability of funds for USS JOHN F. KENNEDY (CVN–79).
Sec. 113. Limitation on availability of funds for USS ENTERPRISE (CVN–80).
Sec. 114. Modification of CVN–78 class aircraft carrier program.
Sec. 115. Limitation on availability of funds for Littoral Combat Ship.
Sec. 116. Extension and modification of limitation on availability of funds for Littoral Combat Ship.
Sec. 117. Construction of additional Arleigh Burke destroyer.
Sec. 118. Fleet Replenishment Oiler Program.
Sec. 119. Reporting requirement for Ohio-class replacement submarine program.
Sec. 120. Stationing of C–130 H aircraft avionics previously modified by the Avionics Modernization Program (AMP) in support of daily training and contingency requirements for Airborne and Special Operations Forces.
Subtitle C—Air Force programs
Sec. 131. Limitations on retirement of B–1, B–2, and B–52 bomber aircraft.
Sec. 132. Limitation on retirement of Air Force fighter aircraft.
Sec. 133. Limitation on availability of funds for F–35A aircraft procurement.
Sec. 134. Prohibition on retirement of A–10 aircraft.
Sec. 135. Prohibition on availability of funds for retirement of EC–130H Compass Call aircraft.
Sec. 136. Limitation on transfer of C–130 aircraft.
Sec. 137. Limitation on use of funds for T–1A Jayhawk aircraft.
Sec. 138. Restriction on retirement of the Joint Surveillance Target Attack Radar System (JSTARS), EC–130H Compass Call, and Airborne Early Warning and Control (AWACS) Aircraft.
Sec. 139. Sense of Congress regarding the OCONUS basing of the F–35A aircraft.
Sec. 140. Sense of Congress on F–16 Active Electronically Scanned Array (AESA) radar upgrade.
Subtitle D—Defense-wide, Joint, and Multiservice Matters
Sec. 151. Report on Army and Marine Corps modernization plan for small arms.
Subtitle E—Army Programs
Sec. 161. Stryker Lethality Upgrades.
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. Centers for Science, Technology, and Engineering Partnership.
Sec. 212. Department of Defense technology offset program to build and maintain the military technological superiority of the United States.
Sec. 213. Reauthorization of defense research and development rapid innovation program.
Sec. 214. Reauthorization of Global Research Watch program.
Sec. 215. Science and technology activities to support business systems information technology acquisition programs.
Sec. 216. Expansion of eligibility for financial assistance under Department of Defense Science, Mathematics, and Research for Transformation program to include citizens of countries participating in The Technical Cooperation Program.
Sec. 217. Streamlining the Joint Federated Assurance Center.
Sec. 218. Limitation on availability of funds for development of the Shallow Water Combat Submersible.
Sec. 219. Limitation on availability of funds for distributed common ground system of the Army.
Sec. 220. Limitation on availability of funds for distributed common ground system of the United States Special Operations Command.
Subtitle C—Other matters
Sec. 231. Assessment of air-land mobile tactical communications and data network requirements and capabilities.
Sec. 232. Study of field failures involving counterfeit electronic parts.
Sec. 233. Demonstration of Persistent Close Air Support capabilities.
Sec. 234. Airborne data link plan.
Sec. 235. Report on Technology Readiness Levels of the technologies and capabilities critical to the Long Range Strike Bomber aircraft.
TITLE III—Operation and Maintenance
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Modification of energy management reporting requirements.
Sec. 312. Report on efforts to reduce high energy costs at military installations.
Sec. 313. Southern Sea Otter Military Readiness Areas.
Subtitle C—Logistics and Sustainment
Sec. 321. Repeal of limitation on authority to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine.
Subtitle D—Reports
Sec. 331. Modification of annual report on prepositioned materiel and equipment.
Subtitle E—Limitations and Extensions of Authority
Sec. 341. Modification of requirements for transferring aircraft within the Air Force inventory.
Sec. 342. Limitation on use of funds for Department of Defense sponsorships, advertising, or marketing associated with sports-related organizations or sporting events.
Sec. 342A. Prohibition on contracts to facilitate payments for honoring members of the Armed Forces at sporting events.
Sec. 343. Temporary authority to extend contracts and leases under ARMS initiative.
Subtitle F—Other Matters
Sec. 351. Streamlining of Department of Defense management and operational headquarters.
Sec. 352. Adoption of retired military working dogs.
Sec. 353. Modification of required review of projects relating to potential obstructions to aviation.
Sec. 354. Pilot program on intensive instruction in certain Asian languages.
TITLE IV—Military Personnel Authorizations
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Enhancement of authority for management of end strengths for military personnel.
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.
Sec. 416. Chief of the National Guard Bureau authority to increase certain end strengths applicable to the Army National Guard.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—Military Personnel Policy
Subtitle A—Officer Personnel Policy
Sec. 501. Authority of promotion boards to recommend officers of particular merit be placed at the top of the promotion list.
Sec. 502. Minimum grades for certain corps and related positions in the Army, Navy, and Air Force.
Sec. 503. Enhancement of military personnel authorities in connection with the defense acquisition workforce.
Sec. 504. Enhanced flexibility for determination of officers to continue on active duty and for selective early retirement and early discharge.
Sec. 505. 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. 506. Reinstatement of enhanced authority for selective early discharge of warrant officers.
Sec. 507. Authority to conduct warrant officer retired grade determinations.
Subtitle B—Reserve Component Management
Sec. 511. Authority to designate certain reserve officers as not to be considered for selection for promotion.
Sec. 512. Clarification of purpose of reserve component special selection boards as limited to correction of error at a mandatory promotion board.
Sec. 513. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the Armed Forces.
Sec. 514. Authority for certain Air Force reserve component personnel to provide training and instruction regarding pilot instructor training.
Subtitle C—General Service Authorities
Sec. 521. Duty required for eligibility for preseparation counseling for members being discharged or released from active duty.
Sec. 522. Expansion of pilot programs on career flexibility to enhance retention of members of the Armed Forces.
Sec. 523. Sense of Senate on development of gender-neutral occupational standards for occupational assignments in the Armed Forces.
Sec. 524. Sense of Congress recognizing the diversity of the members of the Armed Forces.
Subtitle D—Member Education and Training
PART I—Educational Assistance Reform
Sec. 531. Limitation on tuition assistance for off-duty training or education.
Sec. 532. Termination of program of educational assistance for reserve component members supporting contingency operations and other operations.
Sec. 533. Reports on educational levels attained by certain members of the Armed Forces at time of separation from the Armed Forces.
Sec. 534. Sense of Congress on transferability of unused education benefits to family members.
Sec. 535. No entitlement to unemployment insurance while receiving Post-9/11 Education Assistance.
PART II—Other Matters
Sec. 536. Repeal of statutory specification of minimum duration of in-resident instruction for courses of instruction offered as part of Phase II joint professional military education.
Sec. 537. Quality assurance of certification programs and standards for professional credentials obtained by members of the Armed Forces.
Sec. 538. Support for athletic programs of the United States Military Academy.
Sec. 539. Online access to the higher education component of the Transition Assistance Program.
Subtitle E—Military Justice
Sec. 546. Modification of Rule 304 of the Military Rules of Evidence relating to the corroboration of a confession or admission.
Sec. 547. Modification of Rule 104 of the Rules for Courts-Martial to establish certain prohibitions concerning evaluations of Special Victims' Counsel.
Sec. 548. Right of victims of offenses under the Uniform Code of Military Justice to timely disclosure of certain materials and information in connection with prosecution of offenses.
Sec. 549. Enforcement of certain crime victims' rights by the Court of Criminal Appeals.
Sec. 550. Release to victims upon request of complete record of proceedings and testimony of courts-martial in cases in which sentences adjudged could include punitive discharge.
Sec. 551. Representation and assistance of victims by Special Victims' Counsel in questioning by military criminal investigators.
Sec. 552. Authority of Special Victims' Counsel to provide legal consultation and assistance in connection with various Government proceedings.
Sec. 553. Enhancement of confidentiality of restricted reporting of sexual assault in the military.
Sec. 554. Establishment of Office of Complex Investigations within the National Guard Bureau.
Sec. 555. Modification of deadline for establishment of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.
Sec. 556. Comptroller General of the United States reports on prevention and response to sexual assault by the Army National Guard and the Army Reserve.
Sec. 557. Sense of Congress on the service of military families and on sentencing retirement-eligible members of the Armed Forces.
Subtitle F—Defense Dependents Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Authority to use appropriated funds to support Department of Defense student meal programs in domestic dependent elementary and secondary schools located outside the United States.
Sec. 564. Biennial surveys of military dependents on military family readiness matters.
Subtitle G—Miscellaneous Reporting Requirements
Sec. 571. Extension of semiannual reports on the involuntary separation of members of the Armed Forces.
Sec. 572. Remotely piloted aircraft career field manning shortfalls.
Subtitle H—Other Matters
PART I—Financial Literacy and Preparedness of Members of the Armed Forces
Sec. 581. Improvement of financial literacy and preparedness of members of the Armed Forces.
Sec. 582. Financial literacy training with respect to certain financial services for members of the uniformed services.
Sec. 583. Sense of Congress on financial literacy and preparedness of members of the Armed Forces.
PART II—Other Matters
Sec. 586. Authority for applications for correction of military records to be initiated by the Secretary concerned.
Sec. 587. Recordation of obligations for installment payments of incentive pays, allowances, and similar benefits when payment is due.
Sec. 588. Enhancements to Yellow Ribbon Reintegration Program.
Sec. 589. Priority processing of applications for Transportation Worker Identification Credentials for members undergoing discharge or release from the Armed Forces.
Sec. 590. Issuance of Recognition of Service ID Cards to certain members separating from the Armed Forces.
Sec. 591. Revised policy on network services for military services.
Sec. 592. Increase in number of days of active duty required to be performed by reserve component members for duty to be considered Federal service for purposes of unemployment compensation for ex-servicemembers.
Sec. 593. Improved enumeration of members of the Armed Forces in any tabulation of total population by Secretary of Commerce.
TITLE VI—Compensation and Other Personnel Benefits
Subtitle A—Pay and Allowances
Sec. 601. Fiscal year 2016 increase in military basic pay.
Sec. 602. Modification of percentage of national average monthly cost of housing usable in computation of basic allowance for housing inside the United States.
Sec. 603. Extension of authority to provide temporary increase in rates of basic allowance for housing.
Sec. 604. Basic allowance for housing for married members of the uniformed services assigned for duty within normal commuting distance and for other members living together.
Sec. 605. Repeal of inapplicability of modification of basic allowance for housing to benefits under the laws administered by the Secretary of Veterans Affairs.
Sec. 606. Limitation on eligibility for supplemental subsistence allowances to members serving outside the United States and associated territory.
Sec. 607. Availability of information.
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. Repeal of obsolete authority to pay bonus to encourage Army personnel to refer persons for enlistment in the Army.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Repeal of obsolete special travel and transportation allowance for survivors of deceased members from the Vietnam conflict.
Sec. 622. Study and report on policy changes to the Joint Travel Regulations.
Sec. 623. Transportation to transfer ceremonies for family and next of kin of members of the Armed Forces who die overseas during humanitarian operations.
Sec. 624. Policies of the Department of Defense on travel of next of kin to participate in the dignified transfer of remains of members of the Armed Forces and civilian employees of the Department of Defense who die overseas.
Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits
PART I—Retired Pay Reform
Sec. 631. Thrift Savings Plan participation for members of the uniformed services.
Sec. 632. Modernized retirement system for members of the uniformed services.
Sec. 633. Lump sum payments of certain retired pay.
Sec. 634. Continuation pay after 12 years of service for members of the uniformed services participating in the modernized retirement systems.
Sec. 635. Authority for retirement flexibility for members of the uniformed services.
PART II—Other Matters
Sec. 641. Death of former spouse beneficiaries and subsequent remarriages under Survivor Benefit Plan.
Sec. 642. Transitional compensation and other benefits for dependents of members of the Armed Forces ineligible to receive retired pay as a result of court-martial sentence.
Subtitle E—Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations
Sec. 651. Commissary system matters.
Sec. 652. Plan on privatization of the defense commissary system.
Sec. 653. Comptroller General of the United States report on the Commissary Surcharge, Non-appropriated Fund, and Privately-Financed Major Construction Program.
TITLE VII—Health Care Provisions
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Urgent care authorization under the TRICARE program.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE Pharmacy Benefits Program.
Sec. 703. Expansion of continued health benefits coverage to include discharged and released members of the Selected Reserve.
Sec. 704. Expansion of reimbursement for smoking cessation services for certain TRICARE beneficiaries.
Sec. 705. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma.
Subtitle B—Health Care Administration
Sec. 711. Access to health care under the TRICARE program.
Sec. 712. Portability of health plans under the TRICARE program.
Sec. 713. Improvement of mental health care provided by health care providers of the Department of Defense.
Sec. 714. Comprehensive standards and access to contraception counseling for members of the Armed Forces.
Sec. 715. Waiver of recoupment of erroneous payments due to administrative error under the TRICARE program.
Sec. 716. Designation of certain non-Department mental health care providers with knowledge relating to treatment of members of the Armed Forces.
Sec. 717. Limitation on conversion of military medical and dental positions to civilian medical and dental positions.
Sec. 718. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 719. Extension of authority for DOD–VA Health Care Sharing Incentive Fund.
Sec. 720. Pilot program on incentive programs to improve health care provided under the TRICARE program.
Subtitle C—Reports and Other Matters
Sec. 731. Publication of certain information on health care provided by the Department of Defense through the Hospital compare website of the Department of Health and Human Services.
Sec. 732. Publication of data on patient safety, quality of care, satisfaction, and health outcome measures under the TRICARE program.
Sec. 733. Annual report on patient safety, quality of care, and access to care at military medical treatment facilities.
Sec. 734. Report on plans to improve experience with and eliminate performance variability of health care provided by the Department of Defense.
Sec. 735. Report on plan to improve pediatric care and related services for children of members of the Armed Forces.
Sec. 736. Report on preliminary mental health screenings for individuals becoming members of the Armed Forces.
Sec. 737. Comptroller General report on use of quality of care metrics at military treatment facilities.
Sec. 738. Report on interoperability between electronic health records systems of Department of Defense and Department of Veterans Affairs.
Sec. 739. Submittal of information to Secretary of Veterans Affairs relating to exposure to airborne hazards and open burn pits.
Sec. 740. Comptroller General study on gambling and problem gambling behavior among members of the Armed Forces.
Sec. 741. Report on implementation of data security and transmission standards for electronic health records.
TITLE VIII—Acquisition Policy, Acquisition Management, and Related Matters
Subtitle A—Acquisition Policy and Management
Sec. 801. Role of service chiefs in the acquisition process.
Sec. 802. Expansion of rapid acquisition authority.
Sec. 803. Middle tier of acquisition for rapid prototyping and rapid fielding.
Sec. 804. Amendments to other transaction authority.
Sec. 805. Use of alternative acquisition paths to acquire critical national security capabilities.
Sec. 806. Secretary of Defense waiver of acquisition laws to acquire vital national security capabilities.
Sec. 807. Acquisition authority of the Commander of United States Cyber Command.
Sec. 808. Advisory panel on streamlining and codifying acquisition regulations.
Sec. 809. Review of time-based requirements process and budgeting and acquisition systems.
Sec. 810. Improvement of program and project management by the Department of Defense.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Preference for fixed-price contracts in determining contract type for development programs.
Sec. 822. Applicability of cost and pricing data and certification requirements.
Sec. 823. Risk-based contracting for smaller contract actions under the Truth in Negotiations Act.
Sec. 824. Limitation on use of reverse auction and lowest price technically acceptable contracting methods.
Sec. 825. Rights in technical data.
Sec. 826. Procurement of supplies for experimental purposes.
Sec. 827. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
Sec. 828. Reporting related to failure of contractors to meet goals under negotiated comprehensive small business subcontracting plans.
Sec. 829. Competition for religious services contracts.
Sec. 830. Treatment of interagency and State and local purchases when the Department of Defense acts as contract intermediary for the General Services Administration.
Sec. 831. Pilot program for streamlining awards for innovative technology projects.
Subtitle C—Provisions Relating to Major Defense Acquisition Programs
Sec. 841. Acquisition strategy required for each major defense acquisition program.
Sec. 842. Risk reduction in major defense acquisition programs.
Sec. 843. Designation of milestone decision authority.
Sec. 844. Revision of Milestone A decision authority responsibilities for major defense acquisition programs.
Sec. 845. Revision of Milestone B decision authority responsibilities for major defense acquisition programs.
Sec. 846. Tenure and accountability of program managers for program development periods.
Sec. 847. Tenure and accountability of program managers for program execution periods.
Sec. 848. Repeal of requirement for stand-alone manpower estimates for major defense acquisition programs.
Sec. 849. Penalty for cost overruns.
Sec. 850. Streamlining of reporting requirements applicable to Assistant Secretary of Defense for Research and Engineering regarding major defense acquisition programs.
Sec. 851. Configuration Steering Boards for cost control under major defense acquisition programs.
Sec. 852. Sustainment enhancement.
Subtitle D—Provisions Relating to Commercial Items
Sec. 861. Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items.
Sec. 862. Market research and preference for commercial items.
Sec. 863. Continuing validity of commercial item determinations.
Sec. 864. Treatment of commercial items purchased as major weapon systems.
Sec. 865. Limitation on conversion of procurements from commercial acquisition procedures.
Sec. 866. Treatment of goods and services provided by nontraditional contractors as commercial items.
Subtitle E—Other Matters
Sec. 871. Streamlining of requirements relating to defense business systems.
Sec. 872. Acquisition workforce.
Sec. 873. Unified information technology services.
Sec. 874. Cloud strategy for Department of Defense.
Sec. 875. Development period for Department of Defense information technology systems.
Sec. 876. Revisions to pilot program on acquisition of military purpose non-developmental items.
Sec. 877. Extension of the Department of Defense Mentor-Protégé pilot program.
Sec. 878. Improved auditing of contracts.
Sec. 879. Survey on the costs of regulatory compliance.
Sec. 880. Government Accountability Office report on bid protests.
Sec. 881. Steps to identify and address potential unfair competitive advantage of technical advisors to acquisition officials.
Sec. 882. HUBZone qualified disaster areas.
Sec. 883. Base closure HUBZones.
Sec. 884. Exception for AbilityOne goods from authority to acquire goods and services manufactured in Afghanistan, and central Asian states.
Sec. 885. Small business procurement ombudsman.
Sec. 886. Annual report on foreign procurements.
TITLE IX—Department of Defense Organization and Management
Sec. 901. Update of statutory specification of functions of Chairman of the Joint Chiefs of Staff relating to advice on requirements, programs, and budget.
Sec. 902. Reorganization and redesignation of Office of Family Policy and Office of Community Support for Military Families with Special Needs.
Sec. 903. Repeal of requirement for annual Department of Defense funding for Ocean Research Advisory Panel.
TITLE X—General Provisions
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Annual audit of financial statements of Department of Defense components by independent external auditors.
Sec. 1003. Treatment as part of the base budget of certain amounts authorized for overseas contingency operations upon enactment of an Act revising the Budget Control Act discretionary spending limits for fiscal year 2016.
Sec. 1004. Sense of Senate on sequestration.
Sec. 1005. Sense of Senate on finding efficiencies within the working capital fund activities of the Department of Defense.
Subtitle B—Counter-Drug Activities
Sec. 1011. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia.
Sec. 1012. Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Studies of fleet platform architectures for the Navy.
Sec. 1022. Amendment to National Sea-Based Deterrence Fund.
Sec. 1023. Extension of authority for reimbursement of expenses for certain Navy mess operations afloat.
Sec. 1024. Additional information supporting long-range plans for construction of naval vessels.
Sec. 1025. Report and assessment of potential costs and benefits of privatizing Department of Defense commissaries.
Sec. 1026. Report on Department of Defense definition of and policy regarding software sustainment.
Subtitle D—Counterterrorism
Sec. 1031. 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. 1032. Limitation on the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Reenactment and modification of certain prior requirements for certifications relating to transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.
Sec. 1034. Authority to temporarily transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States for emergency or critical medical treatment.
Sec. 1035. Prohibition on use of funds for transfer or release to Yemen of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1036. Report on current detainees at United States Naval Station, Guantanamo Bay, Cuba, determined or assessed to be high risk or medium risk.
Sec. 1037. Report to Congress on memoranda of understanding with foreign countries regarding transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1038. Semiannual reports on use of United States Naval Station, Guantanamo Bay, Cuba, and any other Department of Defense or Bureau of Prisons prison or other detention or disciplinary facility in recruitment and other propaganda of terrorist organizations.
Sec. 1039. Extension and modification of authority to make rewards for combating terrorism.
Sec. 1040. Reaffirmation of the prohibition on torture.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Assistance to secure the southern land border of the United States.
Sec. 1042. Protection of Department of Defense installations.
Sec. 1043. Strategy to protect United States national security interests in the Arctic region.
Sec. 1044. Extension of limitations on the transfer to the regular Army of AH–64 Apache helicopters assigned to the Army National Guard.
Sec. 1045. Treatment of certain previously transferred Army National Guard helicopters as counting against number transferrable under exception to limitation on transfer of Army National Guard helicopters.
Sec. 1046. Management of military technicians.
Sec. 1047. Sense of Congress on consideration of the full range of Department of Defense manpower worldwide in decisions on the proper mix of military, civilian, and contractor personnel to accomplish the National Defense Strategy.
Sec. 1048. Sense of Senate on the United States Marine Corps.
Subtitle F—Studies and Reports
Sec. 1061. Repeal of reporting requirements.
Sec. 1062. Termination of requirement for submittal to Congress of reports required of the Department of Defense by statute.
Sec. 1063. Annual submittal to Congress of munitions assessments.
Sec. 1064. Potential role for United States ground forces in the Pacific theater.
Sec. 1065. Report on plans for the use of domestic airfields for homeland defense and disaster response.
Sec. 1066. Annual reports of the Chief of the National Guard Bureau on the ability of the National Guard to meet its missions.
Subtitle G—Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Authority to provide training and support to personnel of foreign ministries of defense.
Sec. 1083. Expansion of outreach for veterans transitioning from serving on active duty.
Sec. 1084. Modification of certain requirements applicable to major medical facility lease for a Department of Veterans Affairs outpatient clinic in Tulsa, Oklahoma.
Sec. 1085. Comptroller General briefing and report on major medical facility projects of Department of Veterans Affairs.
Sec. 1086. Sense of Senate.
Sec. 1087. Melville Hall of the United States Merchant Marine Academy.
Sec. 1088. Conflict of interest certification for investigations relating to whistleblower retaliation.
Sec. 1089. Authorization of certain major medical facility projects of the Department of Veterans Affairs for which amounts have been appropriated.
Sec. 1090. Reform and improvement of personnel security, insider threat detection and prevention, and physical security.
Sec. 1091. Designation of construction agent for certain construction projects by Department of Veterans Affairs.
TITLE XI—Civilian Personnel Matters
Sec. 1101. Required probationary period for new employees of the Department of Defense.
Sec. 1102. Delay of periodic step increase for civilian employees of the Department of Defense based upon unacceptable performance.
Sec. 1103. Procedures for reduction in force of Department of Defense civilian personnel.
Sec. 1104. United States Cyber Command workforce.
Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1106. Five-year extension of expedited hiring authority for designated defense acquisition workforce positions.
Sec. 1107. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1108. 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. 1109. Expansion of temporary authority to make direct appointments of candidates possessing bachelor's degrees to scientific and engineering positions at science and technology reinvention laboratories.
Sec. 1110. Extension of authority for the civilian acquisition workforce personnel demonstration project.
Sec. 1111. Pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain Department of Defense laboratories.
Sec. 1112. Pilot program on temporary exchange of financial management and acquisition personnel.
Sec. 1113. Pilot program on enhanced pay authority for certain acquisition and technology positions in the Department of Defense.
Sec. 1114. Pilot program on direct hire authority for veteran technical experts into the defense acquisition workforce.
Sec. 1115. Direct hire authority for technical experts into the defense acquisition workforce.
TITLE XII—Matters Relating to Foreign Nations
Subtitle A—Training and Assistance
Sec. 1201. One-year extension of funding limitations for authority to build the capacity of foreign security forces.
Sec. 1202. Extension and expansion of authority for reimbursement to the Government of Jordan for border security operations.
Sec. 1203. Extension of authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.
Sec. 1204. Permanence and modification of authorities relating to National Guard State Partnership Program.
Sec. 1205. Authority to provide support to national military forces of allied countries for counterterrorism operations in Africa.
Sec. 1206. Authority to build the capacity of foreign military intelligence forces.
Sec. 1207. Prohibition on assistance to entities in Yemen controlled by the Houthi movement.
Sec. 1208. Report on potential support for the vetted Syrian opposition.
Sec. 1209. Support for security of afghan women and girls.
Subtitle B—Matters Relating to Afghanistan, Pakistan, and Iraq
Sec. 1221. Drawdown of United States forces in Afghanistan.
Sec. 1222. Extension and modification of Commanders' Emergency Response Program.
Sec. 1223. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.
Sec. 1224. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1225. Prohibition on transfer to violent extremist organizations of equipment or supplies provided by the United States to the Government of Iraq.
Sec. 1226. Report on lines of communication of Islamic State of Iraq and the Levant and other foreign terrorist organizations.
Sec. 1227. Modification of protection for Afghan allies.
Sec. 1228. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1229. Sense of Senate on support for the Kurdistan Regional Government.
Sec. 1230. Sense of Congress on the security and protection of Iranian dissidents living in Camp Liberty, Iraq.
Subtitle C—Matters Relating to Iran
Sec. 1241. Modification and extension of annual report on the military power of Iran.
Subtitle D—Matters Relating to the Russian Federation
Sec. 1251. Ukraine Security Assistance Initiative.
Sec. 1252. Eastern European Training Initiative.
Sec. 1253. Increased presence of United States ground forces in Eastern Europe to deter aggression on the border of the North Atlantic Treaty Organization.
Sec. 1254. Sense of Congress on European defense and North Atlantic Treaty Organization spending.
Sec. 1255. Additional matters in annual report on military and security developments involving the Russian Federation.
Sec. 1256. Report on alternative capabilities to procure and sustain nonstandard rotary wing aircraft historically procured through Rosoboronexport.
Subtitle E—Matters Relating to the Asia-Pacific Region
Sec. 1261. South China Sea Initiative.
Sec. 1262. Sense of Congress reaffirming the importance of implementing the rebalance to the Asia-Pacific region.
Sec. 1263. Sense of Senate on Taiwan asymmetric military capabilities and bilateral training activities.
Sec. 1264. Military exchanges between senior officers and officials of the United States and Taiwan.
Sec. 1265. Strategy to promote United States interests in the Indo-Asia-Pacific region.
Subtitle F—Reports and Related Matters
Sec. 1271. Item in quarterly reports on assistance to counter the Islamic State of Iraq and the Levant on forces ineligible to receive assistance due to a gross violation of human rights.
Sec. 1272. United States-Israel anti-tunnel cooperation.
Sec. 1273. Sense of Senate and report on Qatar fighter aircraft capability contribution to regional security.
Sec. 1274. Report on the security relationship between the United States and the Republic of Cyprus.
Subtitle G—Other Matters
Sec. 1281. NATO Special Operations Headquarters.
Sec. 1282. Two-year extension and modification of authorization for non-conventional assisted recovery capabilities.
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.
Subtitle B—Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1413. Inspections of the Armed Forces Retirement Home by the Inspector General of the Department of Defense.
TITLE XV—Authorization of Additional Appropriations for Overseas Contingency Operations
Subtitle A—Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.
Sec. 1511. Counterterrorism Partnerships Fund.
Subtitle B—Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C—Limitations, Reports, and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. Availability of Joint Improvised Explosive Device Defeat Fund funds for training of foreign security forces to defeat improvised explosive devices.
TITLE XVI—Strategic Programs, Cyber, and Intelligence Matters
Subtitle A—Space Activities
Sec. 1601. Integrated policy to deter adversaries in space.
Sec. 1602. Principal advisor on space control.
Sec. 1603. Exception to the prohibition on contracting with Russian suppliers of rocket engines for the evolved expendable launch vehicle program.
Sec. 1604. Elimination of launch capabilities contracts under evolved expendable launch vehicle program.
Sec. 1605. Allocation of funding for evolved expendable launch vehicle program.
Sec. 1606. Inclusion of plan for development and fielding of a full-up engine in rocket propulsion system development program.
Sec. 1607. Limitations on availability of funds for the Defense Meteorological Satellite program.
Sec. 1608. Quarterly reports on Global Positioning System III space segment, Global Positioning System operational control segment, and Military Global Positioning System user equipment acquisition programs.
Sec. 1609. Plan for consolidation of acquisition of commercial satellite communications services.
Sec. 1610. Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise.
Sec. 1611. Analysis of alternatives for wide-band communications.
Sec. 1612. Expansion of goals for pilot program for acquisition of commercial satellite communication services.
Sec. 1613. Streamline commercial space launch activities.
Subtitle B—Defense intelligence and intelligence-related activities
Sec. 1621. Report on Air National Guard contributions to the RQ–4 Global Hawk mission.
Subtitle C—Cyber warfare, cyber security, and related matters
Sec. 1631. Authorization of military cyber operations.
Sec. 1632. Designation of Department of Defense entity responsible for acquisition of critical cyber capabilities.
Sec. 1633. Incentive for submittal to Congress by President of integrated policy to deter adversaries in cyberspace.
Sec. 1634. Authorization for procurement of relocatable Sensitive Compartmented Information Facility.
Sec. 1635. Evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense.
Sec. 1636. Assessment of capabilities of United States Cyber Command to defend the United States from cyber attacks.
Sec. 1637. Biennial exercises on responding to cyber attacks against critical infrastructure.
Sec. 1638. Comprehensive plan of Department of Defense to support civil authorities in response to cyber attacks by foreign powers.
Sec. 1639. Sense of Congress on reviewing and considering findings and recommendations of Council of Governors on cyber capabilities of the Armed Forces.
Subtitle D—Nuclear Forces
Sec. 1641. Designation of Air Force officials to be responsible for policy on and procurement of nuclear command, control, and communications systems.
Sec. 1642. Comptroller General of the United States review of recommendations relating to the nuclear security enterprise.
Sec. 1643. Assessment of global nuclear environment.
Sec. 1644. Deadline for Milestone A decision on long-range standoff weapon.
Sec. 1645. Availability of Air Force procurement funds for certain commercial off-the-shelf parts for intercontinental ballistic missile fuzes.
Sec. 1646. Sense of Congress on policy on the nuclear triad.
Sec. 1647. Sense of Senate on the nuclear force improvement program of the Air Force.
Subtitle E—Missile Defense Programs
Sec. 1651. Plan for expediting deployment time of continental United States interceptor site.
Sec. 1652. Additional missile defense sensor coverage for the protection of the United States homeland.
Sec. 1653. Air defense capability at North Atlantic Treaty Organization missile defense sites.
Sec. 1654. Availability of funds for Iron Dome short-range rocket defense system.
Sec. 1655. Israeli cooperative missile defense program codevelopment and potential coproduction.
Sec. 1656. Development and deployment of multiple-object kill vehicle for missile defense of the United States homeland.
Sec. 1657. Requirement to replace capability enhancement I exoatmospheric kill vehicles.
Sec. 1658. Airborne boost phase defense system.
Sec. 1659. Extension of limitation on providing certain sensitive missile defense information to the Russian Federation.
Sec. 1660. Extension of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs.
Subtitle F—Other matters
Sec. 1671. Measures in response to violations of the Intermediate-Range Nuclear Forces Treaty by the Russian Federation.
Sec. 1672. Modification of notification and assessment of proposal to modify or introduce new aircraft or sensors for flight by the Russian Federation under the Open Skies Treaty.
Sec. 1673. Milestone A decision for the Conventional Prompt Global Strike Weapons System.
Sec. 1674. Sense of Congress on maintaining and enhancing military intelligence support to force protection for installations, facilities, and personnel of the Department of Defense.
DIVISION B—Military Construction Authorizations
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
TITLE XXI—Army military construction
Sec. 2101. Authorized army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. 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 project.
Sec. 2109. Limitation on construction of new facilities at Guantanamo Bay, Cuba.
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.
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.
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—Others matters
Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2013 project.
Sec. 2612. Modification of authority to carry out certain fiscal year 2015 projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2012 projects.
Sec. 2614. 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. Authority for acceptance and use of contributions for certain mutually beneficial projects.
Sec. 2802. Change in authorities relating to scope of work variations for military construction projects.
Sec. 2803. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.
Sec. 2804. Modification of reporting requirement on in-kind construction and renovation payments.
Sec. 2805. Lab modernization pilot program.
Sec. 2806. Conveyance to Indian tribes of certain housing units.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Utility system conveyance authority.
Sec. 2812. Leasing of non-excess property of military departments and Defense Agencies; treatment of value provided by local education agencies and elementary and secondary schools.
Sec. 2813. Modification of facility repair notification requirement.
Sec. 2814. Increase of threshold of notice and wait requirement for certain facilities for reserve components and parity with authority for unspecified minor military construction and repair projects.
Sec. 2815. Sense of Congress on coordination of hunting, fishing, and other recreational activities on military land.
Sec. 2816. Exemption of Army off-site use and off-site removal only non-mobile properties from certain excess property disposal requirements.
Subtitle C—Land Conveyances
Sec. 2821. Release of reversionary interest retained as part of conveyance to the Economic Development Alliance of Jefferson County, Arkansas.
Sec. 2822. Land exchange, Navy Outlying Landing Field, Naval Air Station, Whiting Field, Florida.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Responsive capabilities program.
Sec. 3112. Long-term plan for meeting national security requirements for unencumbered uranium.
Sec. 3113. Defense nuclear nonproliferation management plan.
Sec. 3114. Plan for deactivation and decommissioning of nonoperational defense nuclear facilities.
Sec. 3115. Hanford Waste Treatment and Immobilization Plant contract oversight.
Sec. 3116. Assessment of emergency preparedness of defense nuclear facilities.
Sec. 3117. Laboratory- and facility-directed research and development programs.
Sec. 3118. Limitation on bonuses for employees of the National Nuclear Security Administration who engage in improper program management.
Sec. 3119. Modification of authorized personnel levels of the Office of the Administrator for Nuclear Security.
Sec. 3120. Modification of submission of assessments of certain budget requests relating to the nuclear weapons stockpile.
Sec. 3121. Repeal of phase three review of certain defense environmental cleanup projects.
Sec. 3122. Modifications to cost-benefit analyses for competition of management and operating contracts.
Sec. 3123. Review of implementation of recommendations of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXV—Maritime Administration
Sec. 3501. Cadet commitment agreements.
Sec. 3502. Student incentive payment agreements.
Sec. 3503. Federal Unemployment Tax Act.
Sec. 3504. Short sea transportation defined.
Sec. 3505. Authorization of appropriations for national security aspects of the Merchant Marine for fiscal years 2016 and 2017.
DIVISION D—Funding Tables
Sec. 4001. Authorization of amounts in funding tables.
Sec. 4002. Clarification of applicability of undistributed reductions of certain operation and maintenance funding among all operation and maintenance funding.
TITLE XLI—Procurement
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII—Research, Development, Test, and Evaluation
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.
TITLE XLIII—Operation and Maintenance
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
TITLE XLIV—Military Personnel
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV—Other Authorizations
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI—Military Construction
Sec. 4601. Military construction.
TITLE XLVII—Department of Energy National Security Programs
Sec. 4701. Department of Energy national security programs.
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.
Budgetary effects of this Act
The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.
Department of Defense Authorizations
Procurement
Authorization of appropriations
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.
Navy programs
Amendment to cost limitation baseline for CVN–78 class aircraft carrier program
Section 122(a)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as amended by section 121(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 691), is further amended by striking $11,498,000,000
and inserting $11,398,000,000
.
Limitation on availability of funds for USS JOHN F. KENNEDY (CVN–79)
Limitation
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for procurement for the USS JOHN F. KENNEDY (CVN–79), $100,000,000 may not be obligated or expended until the date on which the Secretary of the Navy submits to the Committees on Armed Services of the Senate and of the House of Representatives the certification required under subsection (b) and the reports required under subsection (c) and (d).
Certification regarding full ship shock trials
The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and of the House of Representatives a certification that the Navy will conduct by not later than September 30, 2017, full ship shock trials on the USS GERALD R. FORD (CVN–78).
Report
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and of the House of Representatives a report that evaluates cost issues related to the USS JOHN F. KENNEDY (CVN–79) and the USS ENTERPRISE (CVN–80).
Elements
The report required under paragraph (1) shall include the following elements:
Options to achieve ship end cost of no more than $10,000,000,000.
Options to freeze the design of CVN–79 for CVN–80, with exceptions only for changes due to full ship shock trials or other significant test and evaluation results.
Options to reduce the plans cost for CVN–80 to less than 50 percent of the CVN–79 plans cost.
Options to transition all non-nuclear government furnished equipment, including launch and arresting equipment, to contractor furnished equipment.
Options to build the ships at the most economic pace, such as four years between ships.
A business case analysis for the Enterprise Air Search Radar modification to CVN–79 and CVN–80.
A business case analysis for the two-phase CVN–79 delivery proposal and impact on fleet deployments.
Report
In general
Not later than April 1, 2016, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and of the House of Representatives a report on potential requirements, capabilities, and alternatives for future development of aircraft carriers that would replace or supplement the CVN–78 class aircraft carrier.
Elements
The report required under paragraph (1) shall include the following elements:
A description of fleet, sea-based tactical aviation capability requirements for a range of operational scenarios beginning in the 2025 timeframe.
A description of alternative aircraft carrier designs that meet the requirements described under subparagraph (A).
A description of nuclear and non-nuclear propulsion options.
A description of tonnage options ranging from less than 20,000 tons to greater than 100,000 tons.
Requirements for unmanned systems integration from inception.
Developmental, procurement, and lifecycle cost assessment of alternatives.
A notional acquisition strategy for development and construction of alternatives.
A description of shipbuilding industrial base considerations and a plan to ensure opportunity for competition among alternatives.
A description of funding and timing considerations related to developing the Annual Long-Range Plan for Construction of Naval Vessels required under section 231 of title 10, United States Code.
Limitation on availability of funds for USS ENTERPRISE (CVN–80)
Limitation
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for advance procurement for the USS ENTERPRISE (CVN–80), $191,400,000 may not be obligated or expended until the Secretary of the Navy submits to the Committees on Armed Services of the Senate and the House of Representatives the certification required under subsection (b) and the report required under subsection (c).
Certification regarding CVN–80 design
The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a certification that the design of CVN–80 will repeat that of CVN–79, with modifications only for significant test and evaluation results or significant cost reduction initiatives that still meet threshold requirements.
Report
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that details the plans costs related to the USS ENTERPRISE (CVN–80).
Elements
The report required under paragraph (1) shall include the following elements, reported by total cost and cost by fiscal year, with a detailed description and a justification for why each cost is recurring and attributable to CVN–80:
Overall plans.
Propulsion plant detail design.
Platform detail design.
Lead yard services and hull planning yard.
Platform detail design (Steam and Electric Plant Planning Yard).
Other.
Modification of CVN–78 class aircraft carrier program
Subsection (f) of section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as added by section 121(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 692), is amended by adding at the end the following new paragraph:
As part of the report required under paragraph (1), the Secretary of the Navy shall include a description of new design and engineering changes to CVN–78 class aircraft carriers if applicable.
The additional reporting requirement in subparagraph (A) shall include, with respect to CVN–78 class aircraft carriers in each reporting period—
any design or engineering change with an associated cost greater than $5,000,000;
program or ship cost increases for each design or engineering change identified in subparagraph (A); and
cost reduction achieved.
The Secretary of the Navy and Chief of Naval Operations shall each personally sign (not autopen) the additional reporting requirement in subparagraph (A). This certification may not be delegated. The certification shall include a determination that each change—
serves the national security interests of the United States;
cannot be deferred to a future ship due to operational necessity, safety, or substantial cost reduction that still meets threshold requirements; and
was personally reviewed and endorsed by the Secretary of the Navy and Chief of Naval Operations.
.
Limitation on availability of funds for Littoral Combat Ship
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research and development, design, construction, procurement or advanced procurement of materials for the Littoral Combat Ships designated as LCS 33 or subsequent, not more than 25 percent may be obligated or expended until the Secretary of the Navy submits to the Committees on Armed Services of the Senate and the House of Representatives each of the following:
A Capabilities Based Assessment to assess capability gaps and associated capability requirements and risks for the upgraded Littoral Combat Ship, which is proposed to commence with LCS 33. This assessment shall conform with the Joint Capabilities Integration and Development System, including Chairman of the Joint Chiefs of Staff Instruction 3170.01H.
A certification that the Joint Requirements Oversight Council has validated an updated Capabilities Development Document for the upgraded Littoral Combat Ship.
A report describing the upgraded Littoral Combat Ship modernization, which shall, at a minimum, include the following elements:
A description of capabilities that the LCS program delivers, and a description of how these relate to the characteristics of the future joint force identified in the Capstone Concept for Joint Operations, concept of operations, and integrated architecture documents.
A summary of analyses and studies conducted on LCS modernization.
A concept of operations for LCS modernization ships at the operational level and tactical level describing how they integrate and synchronize with joint and combined forces to achieve the Joint Force Commander’s intent.
A description of threat systems of potential adversaries that are projected or assessed to reach initial operational capability within 15 years against which the lethality and survivability of the LCS should be determined.
A plan and timeline for LCS modernization program execution.
A description of system capabilities required for LCS modernization, including key performance parameters and key system attributes.
A plan for family of systems or systems of systems synchronization.
A plan for information technology and national security systems supportability.
A plan for intelligence supportability.
A plan for electromagnetic environmental effects (E3) and spectrum supportability.
A description of assets required to achieve initial operational capability (IOC) of an LCS modernization increment.
A schedule and initial operational capability and full operational capability definitions.
A description of doctrine, organization, training, materiel, leadership, education, personnel, facilities, and policy considerations.
A description of other system attributes.
A plan for future periodic combat systems upgrades, which are necessary to ensure relevant capability throughout the Littoral Combat Ship or Frigate class service lives, using the process described in paragraph (3).
Extension and modification of limitation on availability of funds for Littoral Combat Ship
Section 124(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 693), as amended by section 123 of the Carl Levin and Howard P. Buck
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3314), is further amended—
by striking this Act, the Carl Levin and Howard P.
and inserting Buck
McKeon National Defense Authorization Act for Fiscal Year 2015, or otherwise made available for fiscal years 2014 or 2015this Act, the National Defense Authorization Act for Fiscal Year 2016, or otherwise made available for fiscal years 2014, 2015, or 2016
; and
by adding at the end the following new paragraphs:
A Littoral Combat Ship seaframe acquisition strategy for the Littoral Combat Ships designated as LCS 25 through LCS 32, including upgrades to be installed on these ships that were identified for the upgraded Littoral Combat Ship, which is proposed to commence with LCS 33.
A Littoral Combat Ship mission module acquisition strategy to reach the total acquisition quantity of each mission module.
A cost and schedule plan to outfit Flight 0 and Flight 0+ Littoral Combat Ships with capabilities identified for the upgraded Littoral Combat Ship.
A current Test and Evaluation Master Plan for the Littoral Combat Ship Mission Modules, approved by the Director of Operational Test and Evaluation, which includes the performance levels expected to be demonstrated during developmental testing for each component and mission module prior to commencing the associated operational test phase.
.
Construction of additional Arleigh Burke destroyer
In general
The Secretary of the Navy may enter into a contract beginning with the fiscal year 2016 program year for the procurement of one Arleigh Burke class destroyer in addition to the ten DDG–51s in the fiscal year 2013 through 2017 multiyear procurement contract or for one DDG–51 in fiscal year 2018. The Secretary may employ incremental funding for such procurement.
Condition on Out-year Contract Payments
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2016 is subject to the availability of appropriations for that purpose for such fiscal year.
Fleet Replenishment Oiler Program
Contract authority
The Secretary of the Navy may enter into one or more contracts to procure up to six Fleet Replenishment Oilers. Such procurements may also include advance procurement for Economic Order Quantity (EOQ) and long lead time materials, beginning with the lead ship, commencing not earlier than fiscal year 2016.
Liability
Any contract entered into under subsection (a) 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 the time of termination.
Reporting requirement for Ohio-class replacement submarine program
The Secretary of Defense shall include in the budget justification materials for the Ohio-class replacement submarine program submitted to Congress in support of the Department of Defense budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report including the following elements, described in terms of both fiscal 2010 and current fiscal year dollars:
Lead ship end cost (with plans).
Lead ship end cost (less plans).
Lead ship non-recurring engineering cost.
Average follow-on ship cost.
Average operations and sustainment cost per hull per year.
Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics average follow-on ship affordability target.
Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics operations and sustainment cost per hull per year affordability target.
Stationing of C–130 H aircraft avionics previously modified by the Avionics Modernization Program (AMP) in support of daily training and contingency requirements for Airborne and Special Operations Forces
The Secretary of the Air Force shall station aircraft previously modified by the C–130 Avionics Modernization Program (AMP) to support United States Army Airborne and United States Army Special Operations Command daily training and contingency requirements in fiscal year 2017, and such aircraft shall not be required to deploy in the normal rotation of C–130 H units. The Secretary shall provide such personnel as required to maintain and operate the aircraft.
Air Force programs
Limitations on retirement of B–1, B–2, and B–52 bomber aircraft
In general
Except as provided in subsection (b), no B–1, B–2, or B–52 bomber aircraft may be retired during a fiscal year prior to initial operational capability (IOC) of the LRS–B unless the Secretary of Defense certifies, in the materials submitted in support of the budget of the President for that fiscal year (as submitted to Congress under section 1105(a) of title 31, United States Code), that—
the retirement of the aircraft is required to reallocate funding and manpower resources to enable LRS–B to reach IOC and full operational capability (FOC); and
the Secretary has concluded that retirements of B–1, B–2, and B–52 bomber aircraft in the near-term will not detrimentally affect operational capability.
Exception
A certification described in sub-section (a) is not required with respect to the retirement of B–1 bomber aircraft carried out in accordance with section 132(c)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1320).
Limitation on retirement of Air Force fighter aircraft
Inventory requirement
Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:
Inventory requirement
Effective October 1, 2015, the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,950 aircraft, and a total primary mission aircraft inventory (combat-coded) of not less than 1,116 fighter aircraft.
In this subsection:
The term fighter aircraft means an aircraft that—
is designated by a mission design series prefix of F– or A–;
is manned by one or two crewmembers; and
executes single-role or multi-role missions, including air-to-air combat, air-to-ground attack, air interdiction, suppression or destruction of enemy air defenses, close air support, strike control and reconnaissance, combat search and rescue support, or airborne forward air control.
The term primary mission aircraft inventory means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.
.
Limitation on retirement of Air Force fighter aircraft
Limitation
The Secretary of the Air Force may not proceed with a decision to retire fighter aircraft in any number that would reduce the total number of such aircraft in the Air Force total active inventory (TAI) below 1,950, and shall maintain a minimum of 1,116 fighter aircraft designated as primary mission aircraft inventory (PMAI).
Additional limitations on retirement of fighter aircraft
The Secretary of the Air Force may not retire fighter aircraft from the total active inventory as of the date of the enactment of this Act until the later of the following:
The date that is 30 days after the date on which the Secretary submits the report required under paragraph (3).
The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that—
the retirement of such fighter aircraft will not increase the operational risk of meeting the National Defense Strategy; and
the retirement of such aircraft will not reduce the total fighter force structure below 1,950 fighter aircraft or the primary mission aircraft inventory below 1,116.
Report on retirement of aircraft
The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:
The rationale for the retirement of existing fighter aircraft and an operational analysis of replacement fighter aircraft that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft.
An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft.
Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate.
Reports on fighter aircraft
In general
At least 90 days before the date on which a fighter aircraft is retired, the Secretary of the Air Force, in consultation with (where applicable) the Director of the Air National Guard or Chief of the Air Force Reserve, shall submit to the congressional defense committees a report on the proposed force structure and basing of fighter aircraft.
Elements
Each report submitted under paragraph (1) shall include the following elements:
A list of each aircraft in the inventory of fighter aircraft, including for each such aircraft—
the mission design series type;
the variant; and
the assigned unit and military installation where such aircraft is based.
A list of each fighter aircraft proposed for retirement, including for each such aircraft—
the mission design series type;
the variant; and
the assigned unit and military installation where such aircraft is based.
A list of each unit affected by a proposed retirement listed under subparagraph (B) and a description of how such unit is affected.
For each military installation and unit listed under subparagraph (B)(iii), a description of changes, if any, to the designed operational capability (DOC) statement of the unit as a result of a proposed retirement.
A description of any anticipated changes in manpower authorizations as a result of a proposed retirement listed under subparagraph (B).
Fighter aircraft defined
In this section, the term fighter aircraft has the meaning given the term in subsection (i)(2)(A) of section 8062 of title 10, United States Code, as added by subsection (a) of this section.
Limitation on availability of funds for F–35A aircraft procurement
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for aircraft procurement, Air Force, not more than $4,285,000,000 may be made available for the procurement of F–35A aircraft until the Secretary of Defense certifies to the congressional defense committees that F–35A aircraft delivered in fiscal year 2018 will have full combat capability as currently planned with Block 3F hardware, software, and weapons carriage.
Prohibition on retirement of A–10 aircraft
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 A–10 aircraft.
Additional limitations on retirement
In general
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.
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 (PMAI).
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.
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.
Study on replacement capability requirements or mission platform for the A–10 aircraft
Independent assessment required
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.
Elements
The assessment required under subparagraph (A) shall include each of the following:
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:
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.
The ability to effectively target and destroy moving, camouflaged, or dug-in troops, artillery, armor, and armored personnel carriers.
The ability to remain within visual range of friendly forces and targets to facilitate responsiveness to ground forces and minimize re-attack times.
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.
The capability to enable the pilot and aircraft to survive attacks stemming from small arms, machine guns, MANPADs, and lower caliber anti-aircraft artillery organic or attached to enemy ground forces and maneuver units.
The ability to communicate effectively with ground forces and downed pilots, including in communications jamming or satellite-denied environments.
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.
The ability to deliver multiple lethal firing passes and sustain long loiter endurance to support friendly forces throughout extended ground engagements.
The ability to operate from unprepared dirt, grass, and narrow road runways and to generate high sortie rates under these austere conditions.
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.
Assessment of operational effectiveness of existing and programmed mission platforms to conduct missions specified in clause (i) in both contested and uncontested battle environments.
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.
Any other matters the independent entity or the Secretary of the Air Force determines to be appropriate.
Report
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).
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.
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).
Prohibition on availability of funds for retirement of EC–130H Compass Call aircraft
Prohibition on 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 backup aircraft inventory status any EC–130H Compass Call aircraft.
Additional limitations on retirement of EC–130h compass call aircraft
In addition to the limitation in subsection (a), during the period preceding 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 EC–130H Compass Call aircraft.
Report on retirement of EC–130h compass call aircraft
Not later than September 30, 2016, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:
The rationale for the retirement of existing EC–130H Compass Call aircraft, including an operational analysis of the impact of such retirements on combatant commander warfighting requirements.
A plan for how the Air Force will fulfill the capability requirement of the EC–130H mission, transition the mission capabilities of the EC–130H into a replacement platform, or integrate the required capabilities into other mission platforms.
Such other matters relating to the required mission capabilities and transition of the EC–130H Compass Call fleet as the Secretary considers appropriate.
Limitation on transfer of C–130 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 to transfer from one facility of the Department of Defense to another any C–130H aircraft, initiate any C–130 manpower authorization adjustments, retire or prepare to retire any C–130H aircraft, or close any C–130H unit until 90 days after the date on which the Secretary of the Air Force, in consultation with the Secretary of the Army, and after certification by the commanders of the XVIII Airborne Corps, 82nd Airborne Division and United States Army Special Operations Command, certifies to the Committees on Armed Services of the Senate and of the House of Representatives that—
the United States Air Force will maintain dedicated C–130 wings to support the daily training and contingency requirements of the XVIII Airborne Corps, 82nd Airborne Division, and United States Army Special Operations Command at manning levels required to support and operate the number of aircraft that existed as part of regular and reserve Air Force operations in support of such units as of September 30, 2014; and
failure to maintain such Air Force operations will not adversely impact the daily training requirement of those airborne and special operations units.
Limitation on use of funds for T–1A Jayhawk aircraft
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for avionics modification to the T–1A Jayhawk aircraft may be obligated or expended until 30 days after the Secretary of the Air Force submits to the congressional defense committees the report required under section 142 of the Carl Levin and Howard P. Buck
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3320).
Restriction on retirement of the Joint Surveillance Target Attack Radar System (JSTARS), EC–130H Compass Call, and Airborne Early Warning and Control (AWACS) Aircraft
The Secretary of the Air Force may not retire any operational Joint Surveillance Target Attack Radar System (JSTARS), EC–130H Compass Call, or Airborne Early Warning and Control (AWACS) aircraft until the follow-on replacement aircraft program enters Low-Rate Initial Production.
Sense of Congress regarding the OCONUS basing of the F–35A aircraft
Finding
Congress finds that 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
).
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 consider the benefits derived from sites that—
are capable of hosting fighter-based bilateral and multilateral training opportunities with international partners;
have sufficient airspace and range capabilities and capacity to meet the training requirements;
have existing facilities to support personnel, operations, and logistics associated with the flying mission;
have limited encroachment that would adversely impact training or operations; and
minimize the overall construction and operational costs.
Sense of Congress on F–16 Active Electronically Scanned Array (AESA) radar upgrade
Findings
Congress makes the following findings:
National Guard F–16 aircraft are protecting the United States from terrorist air attack from inside or outside the contiguous United States 24 hours a day, 365 days a year.
These aircraft, stationed throughout the United States, are tasked with the zero-fail mission of guarding and securing United States airspace.
The United States is facing an increased threat from both state and non-state actors.
The National Guard F–16 aircraft performing the Aerospace Control Alert (ACA) mission are operating legacy radar systems.
Air Force Chief of Staff General Mark Welsh testified to Congress in March 2015, stating, We need to develop an AESA radar plan for our F–16s who are conducting the homeland defense mission in particular.
First Air Force, United States Northern Command, issued a Joint Urgent Operational Need (JUON) request in March 2015 for radar upgrades to its F–16 fleet.
Sense of Congress
It is the sense of Congress that—
it is essential to our Nation’s defense that Air Force aircraft modification funding is made available to purchase these Active Electronically Scanned Array (AESA) radars as the United States Air Force bridges the gap between 4th and 5th generation fighters;
the United States Government must invest in radar upgrades which ensure that 4th generation aircraft succeed at this zero-fail mission; and
the First Air Force JUON request should be met as soon as possible.
Defense-wide, Joint, and Multiservice Matters
Report on Army and Marine Corps modernization plan for small arms
Report required
Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan of the Army and the Marine Corps to modernize small arms for the Army and the Marine Corps during the 15-year period beginning on the date of such plan, including the mechanisms to be used to promote competition among suppliers of small arms and small arms parts in achieving the plan.
Small arms
The small arms covered by the plan under subsection (a) shall include the following:
Pistols.
Carbines.
Rifles and automatic rifles.
Light machine guns.
Such other small arms as the Secretaries consider appropriate for purposes of the report required by subsection (a).
Non-standard small arms
In addition to the arms specified in subsection (b), the plan under subsection (a) shall also address non-standard small arms not currently in the small arms inventory of the Army or the Marine Corps.
Army Programs
Stryker Lethality Upgrades
Additional amount for procurement, Army
In general
The amount authorized to be appropriated for fiscal year 2016 by section 101 for procurement is hereby increased by $314,000,000, with the amount of the increase to be available for procurement for the Army for Wheeled and Tracked Combat Vehicles for Stryker (mod) Lethality Upgrades.
Supplement not supplant
The amount available under paragraph (1) for procurement for Stryker (mod) Lethality Upgrades is in addition to any other amounts available in this Act for procurement for the Army for Stryker (mod) Lethality Upgrades.
Additional amount for rdt&e, Army
In general
The amount authorized to be appropriated for fiscal year 2016 by section 201 for research, development, test, and evaluation is hereby increased by $57,000,000, with the amount of the increase to be available for research, development, test, and evaluation for the Army for the Combat Vehicle Improvement Program for Stryker Lethality Upgrades.
Supplement not supplant
The amount available under paragraph (1) for research, development, test, and evaluation for Stryker Lethality Upgrades is in addition to any other amounts available in this Act for research, development, test, and evaluation for the Army for Stryker Lethality Upgrades.
Offset
The aggregate amount authorized to be appropriated for fiscal year 2016 by division A is hereby reduced by $371,000,000, with the amount of the reduction to be achieved through anticipated foreign currency gains in addition to any other anticipated foreign currency gains specified in the funding tables in division D.
Research, Development, Test, and Evaluation
Authorization of appropriations
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.
Program Requirements, Restrictions, and Limitations
Centers for Science, Technology, and Engineering Partnership
In general
Chapter 139 of title 10, United States Code, is amended by inserting after section 2367 the following new section:
Centers for Science, Technology, and Engineering Partnership
Designation
The Secretary of Defense, in coordination with the Secretaries of the military departments, shall designate each science and technology reinvention laboratory as a Center for Science, Technology, and Engineering Partnership in the recognized core competencies of the designee.
The Secretary of Defense shall establish a policy to encourage the Secretary of each military department to reengineer management and business processes and adopt best-business and personnel practices at their Centers for Science, Technology, and Engineering Partnership in connection with their core competency requirements, so as to serve as recognized leaders in their core competencies throughout the Department of Defense and in the national technology and industrial base (as defined in section 2500 of this title).
The Secretary of Defense, acting through the directors of the Centers for Science, Technology, and Engineering Partnership, may conduct one or more pilot programs, consistent with applicable requirements of law, to test any practices referred to in paragraph (2) that the Directors determine could—
improve the efficiency and effectiveness of operations at Centers for Science, Technology, and Engineering Partnership;
improve the support provided by the Centers for the Department of Defense users of the services of the Centers; and
enhance capabilities by reducing the cost and improving the performance and efficiency of executing laboratory missions.
In this subsection, the term science and technology reinvention laboratory means a science and technology reinvention laboratory designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note).
Public-private partnerships
To achieve one or more objectives set forth in paragraph (2), the Secretary may authorize and establish incentives for the Director of a Center for Science, Technology, and Engineering Partnership to enter into public-private cooperative arrangements (in this section referred to as a public-private partnership
) to provide for any of the following:
For employees of the Center, private industry, or other entities outside the Department of Defense to perform (under contract, subcontract, or otherwise) work related to the core competencies of the Center, including any work that involves one or more core competencies of the Center.
For private industry or other entities outside the Department of Defense to use, for any period of time determined to be consistent with the needs of the Department of Defense, any facilities or equipment of the Center that are not fully used for Department of Defense activities.
The objectives for exercising the authority provided in paragraph (1) are as follows:
To maximize the use of the capacity of a Center for Science, Technology, and Engineering Partnership.
To reduce or eliminate the cost of ownership and maintenance of a Center by the Department of Defense.
To reduce the cost of research and testing activities of the Department of Defense.
To leverage private sector investment in—
such efforts as research and equipment recapitalization for a Center; and
the promotion of the undertaking of commercial business ventures based on the core competencies of a Center, as determined by the director of the Center.
To foster cooperation between the armed forces, academia, and private industry.
To increase access by a Center to a skilled technical workforce that can contribute to the effective and efficient execution of Department of Defense missions.
Private sector use of excess capacity
Any facilities or equipment of a Center for Science, Technology, and Engineering Partnership made available to private industry may be used to perform research and testing activities in order to make more efficient and economical use of Government-owned facilities and encourage the creation and preservation of jobs to ensure the availability of a workforce with the necessary research and technical skills to meet the needs of the armed forces.
Crediting of amounts for performance
Amounts received by a Center for Science, Technology, and Engineering Partnership for work performed under a public-private partnership may—
be credited to the appropriation or fund, including a working-capital fund, that incurs the cost of performing the work; or
be used by the Director of the Center as the Director considers appropriate and consistent with section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note).
Availability of excess equipment to private-sector partners
Equipment or facilities of a Center for Science, Technology, and Engineering Partnership may be made available for use by a private-sector entity under this section only if—
the use of the equipment or facilities will not have a significant adverse effect on the performance of the Center or the ability of the Center to achieve its mission, as determined by the Director of the Center; and
the private-sector entity agrees—
to reimburse the Department of Defense for the direct and indirect costs (including any rental costs) that are attributable to the entity’s use of the equipment or facilities, as determined by that Secretary; and
to hold harmless and indemnify the United States from—
any claim for damages or injury to any person or property arising out of the use of the equipment or facilities, except under the circumstances described in section 2563(c)(3) of title 10, United States Code; and
any liability or claim for damages or injury to any person or property arising out of a decision by the Secretary to suspend or terminate that use of equipment or facilities during a war or national emergency.
Construction of provision
Nothing in this section may be construed to authorize a change, otherwise prohibited by law, from the performance of work at a Center for Science, Technology, and Engineering Partnership by Department of Defense personnel to performance by a contractor.
.
Clerical amendment
The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2367 the following new item:
2368. Centers for Science, Technology, and Engineering Partnership.
.
Department of Defense technology offset program to build and maintain the military technological superiority of the United States
Program established
In general
The Secretary of Defense shall establish a technology offset program to build and maintain the military technological superiority of the United States by—
accelerating the fielding of offset technologies that would help counter technological advantages of potential adversaries of the United States, including directed energy, low-cost, high-speed munitions, autonomous systems, undersea warfare, cyber technology, and intelligence data analytics, developed using Department of Defense research funding and accelerating the commercialization of such technologies; and
developing and implementing new policies and acquisition and business practices.
Guidelines
Not later than one year after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the program, including—
criteria for an application for funding by a military department, defense agency, or a combatant command;
the purposes for which such a department, agency, or command may apply for funds and appropriate requirements for technology development or commercialization to be supported using program funds;
the priorities, if any, to be provided to field or commercialize offset technologies developed by certain types of Department research funding; and
criteria for evaluation of an application for funding or changes to policies or acquisition and business practices by a department, agency, or command for purposes of the program.
Development of directed energy strategy
In general
Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with such officials and third-party experts as the Secretary considers appropriate, shall develop a directed energy strategy to ensure that the United States directed energy technologies are being developed and deployed at an accelerated pace.
Components of strategy
The strategy required by paragraph (1) shall include the following:
A technology roadmap for directed energy that can be used to manage and assess investments and policies of the Department in this high priority technology area.
Proposals for legislative and administrative action to improve the ability of the Department to develop and deploy technologies and capabilities consistent with the directed energy strategy.
An approach to program management that is designed to accelerate operational prototyping of directed energy technologies and develop cost-effective, real-world military applications for such technologies.
Biennial revisions
Not less frequently than once every 2 years, the Secretary shall revise the strategy required by paragraph (1).
Submittal to Congress
Not later than 90 days after the date on which the Secretary completes the development of the strategy required by paragraph (1) and not later than 90 days after the date on which the Secretary completes a revision to such strategy under paragraph (3), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a copy of such strategy.
The strategy submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
Applications for funding
In general
Under the program, the Secretary shall, not less frequently than annually, solicit from the heads of the military departments, the defense agencies, and the combatant commands applications for funding to be used to enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note) with appropriate entities for the fielding or commercialization of technologies.
Treatment pursuant to certain congressional rules
Nothing in this section shall be interpreted to require any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5.
Funding
In general
Subject to the availability of appropriations for such purpose, of the amounts authorized to be appropriated for research, development, test, and evaluation, Defense-wide for fiscal year 2016, not more than $400,000,000 may be used for any such fiscal year for the program established under subsection (a).
Amount for directed energy
Of this amount, not more than $200,000,000 may be used for activities in the field of directed energy.
Transfer authority
In general
The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or a combatant command pursuant to an application, or any part of an application, that the Secretary determines would support the purposes of the program.
Supplement not supplant
The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.
Termination
In general
The authority to carry out a program under this section shall terminate on September 30, 2020.
Transfer after termination
Any amounts made available for the program that remain available for obligation on the date the program terminates may be transferred under subsection (e) during the 180-day period beginning on the date of the termination of the program.
Reauthorization of defense research and development rapid innovation program
Extension of program
Section 1073 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359a note) is amended—
in subsection (d), by striking 2015
and inserting 2020
; and
in subsection (g), by striking September 30, 2015
and inserting September 30, 2020
.
Modification of guidelines for operation of program
Subsection (b) of such section is amended—
by amending paragraph (1) to read as follows:
The issuance of an annual broad agency announcement or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of defense acquisition programs as described in subsection (a).
;
in paragraph (3), by striking the second sentence;
in paragraph (4)—
in the first sentence, by striking be funded under the program for more than two years
and inserting receive more than a total of two years of funding under the program
; and
by striking the second sentence; and
by adding at the end, the following new paragraphs:
Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 819 of the National Defense Authorization Act for Fiscal year 2010 (Public Law 111–84; 10 U.S.C. 2302 note) or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program.
Projects are selected using merit based selection procedures and the selection of projects is not subject to undue influence by Congress or other Federal agencies.
.
Repeal of report requirement
Such section is further amended—
by striking subsection (f); and
by redesignating subsection (g) as subsection (f).
Reauthorization of Global Research Watch program
Section 2365 of title 10, United States Code, is amended—
in paragraphs (1) and (2) of subsection (b), by inserting and private sector persons
after foreign nations
both places it appears; and
in subsection (f), by striking September 30, 2015
and inserting September 30, 2025
.
Science and technology activities to support business systems information technology acquisition programs
In general
The Secretary of Defense, acting through the Undersecretary of Acquisition, Technology, and Logistics, the Deputy Chief Management Officer, and the Chief Information Officer shall establish a set of science, technology, and innovation activities to improve the acquisition outcomes of major automated information systems through improved performance and reduced developmental and life cycle costs.
Execution of activities
The activities established under subsection (a) shall be carried out by such military departments and defense agencies as the Under Secretary and the Deputy Chief Management Officer consider appropriate.
Activities
The set of activities established under subsection (a) may include the following:
Development of capabilities in Department of Defense laboratories, test centers, and Federally-funded research and development centers to provide technical support for acquisition program management and business process re-engineering activities.
Funding of intramural and extramural research and development activities as described in subsection (d).
Funding of intramural and extramural research and development
In general
In carrying out the set of activities required by subsection (a), the Secretary may award grants or contracts to eligible entities to carry out intramural or extramural research and development in areas of interest described in paragraph (3).
Eligible entities
For purposes of this subsection, an eligible entity includes the following:
Entities in the defense industry.
Institutions of higher education.
Small businesses.
Nontraditional defense contractors (as defined in section 2302 of title 10, United States Code).
Federally-funded research and development centers, primarily for the purpose of improving technical expertise to support acquisition efforts.
Nonprofit research institutions.
Government laboratories and test centers, primarily for the purpose of improving technical expertise to support acquisition efforts.
Areas of interest
The areas of interest described in this paragraph are the following:
Management innovation, including personnel and financial management policy innovation.
Business process re-engineering.
Systems engineering of information technology business systems.
Cloud computing to support business systems and business processes.
Software development, including systems and techniques to limit unique interfaces and simplify processes to customize commercial software to meet the needs of the Department of Defense.
Hardware development, including systems and techniques to limit unique interfaces and simplify processes to customize commercial hardware to meet the needs of the Department of Defense.
Development of methodologies and tools to support development and operational test of large and complex business systems.
Analysis tools to allow decision makers to balance between requirements, costs, technical risks, and schedule in major automated information system acquisition programs
Information security in major automated information system systems.
Innovative acquisition policies and practices to streamline acquisition of information technology systems.
Such other areas as the Secretary considers appropriate.
Priorities
In general
In carrying out the set of activities required by subsection (a), the Secretary shall give priority to—
projects that—
address the innovation and technology needs of the Department of Defense; and
support activities of initiatives, programs and offices identified by the Under Secretary and Deputy Chief Management Officer; and
the projects and programs identified in paragraph (2).
Projects and programs identified
The projects and programs identified in this paragraph are the following:
Major automated information system programs.
Projects and programs under the oversight of the Deputy Chief Management Officer.
Projects and programs relating to defense procurement acquisition policy.
Projects and programs of the Defense Contract Audit Agency.
Military and civilian personnel policy development for information technology workforce.
Expansion of eligibility for financial assistance under Department of Defense Science, Mathematics, and Research for Transformation program to include citizens of countries participating in The Technical Cooperation Program
Section 2192a(b)(1)(A) of title 10, United States Code, is amended by inserting or a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995
after United States
.
Streamlining the Joint Federated Assurance Center
Section 937(c)(2) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) is amended—
in subparagraph (C), by striking , in coordination with the Center for Assured Software of the National Security Agency,
; and
in subparagraph (E), by striking , in coordination with the Defense Microelectronics Activity,
.
Limitation on availability of funds for development of the Shallow Water Combat Submersible
Limitation
Of the amounts authorized to be appropriated in this Act or otherwise made available for fiscal year 2016 for Special Operations Command for development of the Shallow Water Combat Submersible, not more than 25 percent may be obligated or expended until the date that is 15 days after the later of the date on which—
the Under Secretary of Defense for Acquisition, Technology, and Logistics designates a civilian official responsible for oversight and assistance to Special Operations Command for all undersea mobility programs; and
the Under Secretary, in coordination with the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, submits to the congressional defense committees the report described in subsection (b).
Report described
The report described in this subsection is a report on the Shallow Water Combat Submersible that includes the following:
An analysis of the reasons for cost and schedule overruns associated with the Shallow Water Combat Submersible program.
A revised timeline for initial and full operational capability of the Shallow Water Combat Submersible.
The projected cost to meet the total unit acquisition objective.
A plan to prevent, identify, and mitigate any additional cost and schedule overruns.
A description of such opportunities as may be to recover cost or schedule.
A description of such lessons as the Under Secretary may have learned from the Shallow Water Combat Submersible program that could be applied to future undersea mobility acquisition programs.
Such other matters as the Under Secretary considers appropriate.
Limitation on availability of funds for distributed common ground system of the Army
Limitation
Of the amounts authorized to be appropriated for fiscal year 2016 for the Department of Defense by section 201 and available for research, development, test, and evaluation, Army, for the distributed common ground system of the Army as specified in the funding tables in title XLII, not more than 75 percent may be obligated or expended until the Secretary of the Army—
conducts a review of the program planning for the distributed common ground system of the Army; and
submits to the appropriate congressional committees the report required by subsection (b)(1).
Report
In general
The Secretary shall submit to the appropriate congressional committees a report on the review of the distributed common ground system of the Army conducted under subsection (a)(1).
Matters included
The report under paragraph (1) shall include the following:
A review of the segmentation of Increment 2 of the distributed common ground system program of the Army into discrete software components with the associated requirements of each component.
Identification of each component of Increment 2 of the distributed common ground system of the Army for which commercial software exists that is capable of fulfilling most or all of the system requirements for each such component.
A cost analysis of each such commercial software that compares performance with projected cost.
Determination of the degree to which commercial software solutions are compliant with the standards required by the framework and guidance for the Intelligence Community Information Technology Enterprise, the Defense Intelligence Information Enterprise, and the Joint Information Environment.
Identification of each component of Increment 2 of the distributed common ground system of the Army that the Secretary determines may be acquired through competitive means.
An acquisition plan for Increment 2 of the distributed common ground system of the Army that prioritizes the acquisition of commercial software components, including a data integration layer, in time to meet the projected deployment schedule for Increment 2.
A review of the timetable for the distributed common ground system program of the Army in order to determine whether there is a practical, executable acquisition strategy, including the use of operational capability demonstrations, that could lead to an initial operating capability of Increment 2 of the distributed common ground system of the Army prior to fiscal year 2017.
Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
the congressional defense committees; and
the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
Limitation on availability of funds for distributed common ground system of the United States Special Operations Command
Limitation
Of the amounts authorized to be appropriated for fiscal year 2016 for the Department of Defense by section 201 and available for research, development, test, and evaluation, Defense-wide, for the United States Special Operations Command for the distributed common ground system, not more than 75 percent may be obligated or expended until the Commander of the United States Special Operations Command submits to the congressional defense committees the report required by subsection (b).
Report required
The Commander shall submit to the congressional defense committees a report on the distributed common ground system. Such report shall include the following:
A review of the segmentation of the distributed common ground system special operations forces program into discrete software components with the associated requirements of each component.
Identification of each component of the distributed common ground system special operations forces program for which commercial software exists that is capable of fulfilling most or all of the system requirements for each such component.
A cost analysis of each such commercial software that compares performance with projected cost.
A determination of the degree to which commercial software solutions are compliant with the standards required by the framework and guidance for the Intelligence Community Information Technology Enterprise, the Defense Intelligence Information Enterprise, and the Joint Information Environment.
Identification of each component of the distributed common ground system special operations forces program that the Commander determines may be acquired through competitive means.
An assessment of the extent to which elements of the distributed common ground system special operations forces program could be modified to increase commercial acquisition opportunities.
An acquisition plan that leads to full operational capability prior to fiscal year 2019.
Other matters
Assessment of air-land mobile tactical communications and data network requirements and capabilities
Assessment required
The Director of Cost Assessment and Program Evaluation, in consultation with the Director of Operational Test and Evaluation, shall contract with an independent entity to conduct a comprehensive assessment of current and future requirements and capabilities of the Department of Defense with respect to an air-land ad hoc, mobile tactical communications, and data network, including the technological feasibility, suitability, and survivability of such a network.
Elements
The assessment required under subsection (a) shall include the following elements:
Concepts, capabilities, and capacities of current or future communications and data network systems to meet the requirements of current or future tactical operations effectively, efficiently, and affordably.
Software requirements and capabilities, particularly with respect to communications and data network waveforms.
Hardware requirements and capabilities, particularly with respect to receiver/transmission technology, tactical communications, and data radios at all levels and on all platforms, all associated technologies, and their integration, compatibility, and interoperability.
Any other matters that in the judgment of the independent entity are relevant or necessary to a comprehensive assessment of tactical networks or networking.
Independent entity
The Director of Cost Assessment and Program Evaluation shall select an independent entity with direct, long-standing, and demonstrated experience and expertise in program test and evaluation of concepts, requirements, and technologies for joint tactical communications and data networking to perform the assessment under subsection (a).
Report required
Not later than April 30, 2016, the Secretary of Defense shall submit to the congressional defense commitments a report including the findings and recommendations of the assessment conducted under subsection (a), together with the Secretary's comments.
Availability of funds
The Secretary of Defense shall use funds authorized by this Act or otherwise made available for fiscal year 2016 for Operation and Maintenance, Defense-wide to carry out activities under this section.
Limitation on obligation of funds
The Secretary of the Army may not obligate or expend more than 50 percent of the funds authorized by this Act or otherwise made available for fiscal year 2016 for Other Procurement, Army and available for the Warfighter Information Network—Tactical (Increment 2) until the Secretary of Defense submits the report required under subsection (d).
Study of field failures involving counterfeit electronic parts
In general
The Secretary of Defense shall conduct a hardware assurance study to assess the presence, scope, and effect on Department of Defense operations of counterfeit electronic parts that have passed through the Department supply chain and into field systems.
Execution and technical analysis
In general
The Secretary shall direct the federation established under section 937(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) to coordinate execution of the study required by subsection (a) using capabilities of the Department in effect on the day before the date of the enactment of this Act to conduct technical analysis on a sample of failed electronic parts in field systems.
Elements
The technical analysis required by paragraph (1) shall include the following:
Selection of a representative sample of electronic component types, including digital, mixed-signal, and analog integrated circuits.
An assessment of the presence of counterfeit parts, including causes and attributes of failures of any identified counterfeit part.
For components found to have counterfeit parts present, an assessment of the impact of the counterfeit part in the failure mechanism.
For cases with counterfeit parts contributing to the failure, a determination of the failure attributes, factors, and effects on subsystem and system level reliability, readiness, and performance.
Recommendations
As part of the study required by subsection (a), the Secretary shall develop recommendations for such legislative and administrative action, including budget requirements, as the Secretary considers necessary to conduct sampling and technical hardware analysis of counterfeit parts in identified areas of high concern.
Report
In general
Not later than 540 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study carried out under subsection (a).
Contents
The report required by paragraph (1) shall include the following:
The findings of the Secretary with respect to the study conducted under subsection (a).
The recommendations developed under subsection (c).
Demonstration of Persistent Close Air Support capabilities
Joint demonstration required
The Secretary of the Air Force, the Secretary of the Army, and the Director of the Defense Advanced Research Projects Agency shall jointly conduct a demonstration of the Persistent Close Air Support (PCAS) capability in fiscal year 2016.
Parameters of demonstration
Selection and equipment of aircraft
As part of the demonstration required by subsection (a), the Secretary of the Air Force shall select and equip at least two aircraft for use in the demonstration that the Secretary otherwise intends to use for close air support, as identified by the United States Air Force Close Air Support Forum.
Close air support operations
The demonstration required by subsection (a) shall include close air support operations that involve the following:
Multiple tactical radio networks representing diverse ground force user communities.
Two-way digital exchanges of situational awareness data, video, and calls for fire between aircraft and ground users without modification to aircraft operational flight profiles.
Real-time sharing of blue force, aircraft, and target location data to reduce risks of fratricide.
Lightweight digital tools based on commercial-off-the-shelf technology for pilots and joint tactical air controllers.
Operations in simple and complex operating environments.
Assessment
The Secretary of the Air Force, the Secretary of the Army, and the Director of the Defense Advanced Research Projects Agency shall jointly—
assess the effect of the capabilities demonstrated as part of the demonstration required by subsection (a) on—
the time required to conduct close air support operations;
the effectiveness of blue force in achieving tactical objectives; and
the risk of fratricide and collateral damage; and
estimate the costs that would be incurred in transitioning the technology used in the Persistent Close Air Support capability to the Army and the Air Force.
Airborne data link plan
Plan required
The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff shall jointly, in consultation with the Secretary of the Air Force and the Secretary of the Navy, develop a plan—
to provide objective survivable communications gateways to enable—
the secure dissemination of national and tactical intelligence information to fourth-generation fighter aircraft and supporting airborne platforms and to low-observable penetrating platforms such as the F–22 and F–35; and
the secure reception and dissemination of sensor data from low-observable penetrating aircraft, such as the F–22 and F–35;
to provide secure data sharing between the fifth-generation fighter aircraft of the Air Force, Navy, and Marine Corps, with minimal changes to the outer surfaces of the aircraft and to aircraft operational flight programs; and
to enable secure data sharing between fifth-generation and fourth-generation aircraft in jamming environments.
Additional plan requirements
The plan required by subsection (a) shall include non-proprietary and open systems approaches that are compatible with the Rapid Capabilities Office Open Mission Systems initiative of the Air Force and the Future Airborne Capability Environment initiative of the Navy.
Prohibition
No funds may be obligated or expended by the Department of Defense on the interim communications initiatives identified as Talon Hate and Multi-Domain Adaptable Processing System until the congressional defense committees are briefed by the Under Secretary or the Vice Chairman about the plan required by subsection (a).
Report on Technology Readiness Levels of the technologies and capabilities critical to the Long Range Strike Bomber aircraft
Report required
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 Technology Readiness Levels (TRLs) of the technologies and capabilities critical to the Long Range Strike Bomber aircraft.
Review by Comptroller General of the United States
Not later than 60 days after the report of the Secretary is submitted under subsection (a), the Comptroller General of the United States shall review the report and submit to the congressional defense committees an assessment of the matters contained in the report.
Operation and Maintenance
Authorization of Appropriations
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.
Energy and Environment
Modification of energy management reporting requirements
Section 2925(a) of title 10, United States Code, is amended—
by striking paragraphs (4) and (7);
by redesignating paragraphs (5), (6), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respectively;
by amending paragraph (7), as redesignated by paragraph (2) of this section, to read as follows:
A description and estimate of the progress made by the military departments in meeting current high performance and sustainable building standards under the Unified Facilities Criteria.
;
by amending paragraph (9), as redesignated by such paragraph (2), to read as follows:
Details of all commercial utility outages caused by threats and those caused by hazards at military installations that last eight hours or longer, whether or not the outage was mitigated by backup power, including non-commercial utility outages and Department of Defense-owned infrastructure, including the total number and location of outages, the financial impact of the outages, and measure taken to mitigate outages in the future at the affected locations and across the Department of Defense.
; and
by adding at the end the following new paragraph:
At the discretion of the Secretary of Defense, a classified annex, as appropriate.
.
Report on efforts to reduce high energy costs at military installations
Report
Report required
Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in conjunction with the assistant secretaries responsible for installations and environment for the military services and the Defense Logistics Agency, shall submit to the congressional defense committees a report detailing the efforts to achieve cost savings at military installations with high energy costs.
Elements
The report required under paragraph (1) shall include the following elements:
A comprehensive, installation-specific assessment of feasible and mission-appropriate energy initiatives supporting energy production and consumption at military installations with high energy costs.
An assessment of current sources of energy in areas with high energy costs and potential future sources that are technologically feasible, cost-effective, and mission-appropriate for military installations.
A comprehensive implementation strategy to include required investment for feasible energy efficiency options determined to be the most beneficial and cost-effective, where appropriate, and consistent with Department of Defense priorities.
An explanation on how military services are working collaboratively in order to leverage lessons learned on potential energy efficiency solutions.
An assessment of extent of which activities administered under the Federal Energy Management Program could be used to assist with the implementation strategy.
An assessment of State and local partnership opportunities that could achieve efficiency and cost savings, and any legislative authorities required to carry out such partnerships or agreements.
Coordination with State and local and other entities
In preparing the report required under paragraph (1), the Under Secretary may work in conjunction and coordinate with the States containing areas of high energy costs, local communities, and other Federal departments and agencies.
Definitions
In this section, the term high energy costs means costs for the provision of energy by kilowatt of electricity or British Thermal Unit of heat or steam for a military installation in the United States that is in the highest 20 percent of all military installations for a military department.
Southern Sea Otter Military Readiness Areas
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:
Establishment of the Southern Sea Otter Military Readiness Areas
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:
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′. |
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.
Activities within the Southern Sea Otter Military Readiness Areas
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.
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.
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).
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.
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 and the Marine Mammal Commission, 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.
Monitoring
In general
The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service and the Marine Mammal Commission.
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).
Definitions
In this section:
Southern sea otter
The term southern sea otter means any member of the subspecies Enhydra lutris nereis.
Take
The term take—
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
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.
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.
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.
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.
.
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.
.
Conforming amendment
Section 1 of Public Law 99–625 (16 U.S.C. 1536 note) is repealed.
Logistics and Sustainment
Repeal of limitation on authority to enter into a contract for the sustainment, maintenance, repair, or 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 repealed.
Reports
Modification of annual report on prepositioned materiel and equipment
Section 2229a(a)(8) of title 10, United States Code, is amended to read as follows:
A list of any equipment used in support of contingency operations slated for retrograde and subsequent inclusion in the prepositioned stocks.
.
Limitations and Extensions of Authority
Modification of requirements for transferring aircraft within the Air Force inventory
Modification of requirements
Section 345 of the National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 8062 note) is amended—
in subsection (a)—
by striking the first sentence and inserting the following: Before making an aircraft transfer described in subsection (c), the Secretary of the Air Force shall ensure that a written agreement regarding such transfer has been entered into between the Chief of Staff of the Air Force and the Director of the Air National Guard or the Chief of Air Force Reserve.
; and
in paragraph (3), by striking depot
;
by amending subsection (b) to read as follows:
Submittal of agreements to the Department of Defense and Congress
The Secretary of the Air Force may not take any action to transfer an aircraft until the Secretary ensures that the Air Force has complied with applicable Department of Defense regulations and, for a transfer described in subsection (c)(1), until the Secretary submits to the congressional defense committees an agreement entered into pursuant to subsection (a) regarding the transfer of the aircraft.
; and
by adding at the end the following new subsections:
Covered aircraft transfers
An aircraft transfer described in this subsection is the transfer (other than as specified in paragraph (2)) from a reserve component of the Air Force to the regular component of the Air Force of—
the permanent assignment of an aircraft that terminates a reserve component’s equitable interest in the aircraft; or
possession of an aircraft for a period in excess of 90 days.
Paragraph (1) does not apply to the following:
A routine temporary transfer of possession of an aircraft from a reserve component that is made solely for the benefit of the reserve component for the purpose of maintenance, upgrade, conversion, modification, or testing and evaluation.
A routine permanent transfer of assignment of an aircraft that terminates a reserve component’s equitable interest in the aircraft if notice of the transfer has previously been provided to the congressional defense committees and the transfer has been approved by the Secretary of Defense pursuant to Department of Defense regulations.
A transfer described in paragraph (1)(A) when there is a reciprocal permanent assignment of an aircraft from the regular component of the Air Force to the reserve component that does not degrade the capability of, or reduce the total number of, aircraft assigned to the reserve component.
Return of aircraft after routine temporary transfer
In the case of an aircraft transferred from a reserve component of the Air Force to the regular component of the Air Force for which an agreement under subsection (a) is not required by reason of subparagraph (A) of subsection (c)(2), possession of the aircraft shall be transferred back to the reserve component upon completion of the work described in such subparagraph.
.
Conforming amendment
Subsection (a)(7) of such section is amended by striking Commander of the Air Force Reserve Command
and inserting Chief of Air Force Reserve
.
Technical amendments To delete references to aircraft ownership
Subsection (a) of such section is further amended by striking the ownership of
each place it appears.
Limitation on use of funds for Department of Defense sponsorships, advertising, or marketing associated with sports-related organizations or sporting events
No amounts authorized to be appropriated for the Department of Defense by this Act or otherwise made available to the Department may be used for any sponsorship, advertising, or marketing associated with a sports-related organization or sporting event until the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of Accessions Policy—
conducts a review of current contracts and task orders for such sponsorships, advertising, and marketing (as awarded by the regular and reserve components of the Armed Forces) in order to assess—
whether such sponsorships, advertising, and marketing are effective in meeting the recruiting objectives of the Department;
whether consistent metrics are used to evaluate the effectiveness of each such activity in generating leads and recruit accessions; and
whether the return on investment for such activities is sufficient to warrant continuing use of Department funds for such activities; and
submits to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
a description of the actions being taken to coordinate efforts of the Department relating to such sponsorships, advertising, and marketing, and to minimize duplicative contracts for such sponsorships, advertising, and marketing, as applicable; and
the results of the review required by paragraph (1), including an assessment of the extent to which continuing use of Department funds for such sponsorships, advertising, and marketing is warranted in light of the review and the actions described pursuant to subparagraph (A).
Prohibition on contracts to facilitate payments for honoring members of the Armed Forces at sporting events
Sense of Senate
It is the sense of the Senate that—
the Army National Guard has paid professional sports organizations to honor members of the Armed Forces;
any organization wishing to honor members of the Armed Forces should do so on a voluntary basis, and the Department of Defense should take action to ensure that no payments be made for such activities in the future; and
any organization, including the National Football League, that has accepted taxpayer funds to honor members of the Armed Forces should consider directing an equivalent amount of funding in the form of a donation to a charitable organization that supports members of the Armed Forces, veterans, and their families.
Prohibition
In general
Subchapter I of chapter 134 of title 10, United States Code, is amended by inserting after section 2241a the following new section:
Prohibition on contracts providing payments for activities to honor members of the armed forces
Prohibition
The Department of Defense may not enter into any contract or other agreement under which payments are to be made in exchange for activities by the contractor intended to honor, or giving the appearance of honoring, members of the armed forces (whether members of the regular components or the reserve components) at any form of sporting event.
Construction
Nothing in subsection (a) shall be construed as prohibiting the Department from taking actions to facilitate activities intended to honor members of the armed forces at sporting events that are provided on a pro bono basis or otherwise funded with non-Federal funds if such activities are provided and received in accordance with applicable rules and regulations regarding the acceptance of gifts by the military departments, the armed forces, and members of the armed forces.
.
Clerical amendment
The table of sections at the beginning of subchapter I of chapter 134 of such title is amended by inserting after the item relating to section 2241a the following new item:
2241b. Prohibition on contracts providing payments for activities to honor members of the armed forces at sporting events.
.
Temporary authority to extend contracts and leases under 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.
Other Matters
Streamlining of Department of Defense management and operational headquarters
Comprehensive review of headquarters
In general
The Secretary of Defense shall conduct a comprehensive review of the management and operational headquarters of the Department of Defense for purposes of consolidating and streamlining headquarters functions.
Elements
The review required by paragraph (1) shall address the following:
The extent, if any, to which the staff of the Secretaries of the military departments and the Chiefs of Staff of the Armed Forces have duplicative staff functions and services and could be consolidated into a single service staff.
The extent, if any, to which the staff of the Office of the Secretary of Defense, the military departments, the Defense Agencies, and temporary organizations have duplicative staff functions and services and could be streamlined with respect to—
performing oversight and making policy;
performing staff functions and services specific to the military department concerned;
performing multi-department staff functions and services; and
performing functions and services across the Department of Defense with respect to intelligence collection and analysis.
The extent, if any, to which the Joint Staff, the combatant commands, and their subordinate service component commands have duplicative staff functions and services that could be shared, consolidated, eliminated, or otherwise streamlined with—
the Joint Staff performing oversight and execution;
the staff of the combatant commands performing only staff functions and services specific to the combatant command concerned; and
the staff of the service component commands of the combatant commands performing only staff functions and services specific to the service component command concerned.
The extent, if any, to which reductions in military and civilian end-strength in management or operational headquarters could be used to create, build, or fill shortages in force structure for operational units.
The extent, if any, to which revisions are required to the Defense Officers Personnel Management Act, including requirements for officers to serve in joint billets, the number of qualifying billets, the rank structure in the joint billets, and the joint qualification requirement for officers to be promoted while serving for extensive periods in critical positions such as program managers of major defense acquisition programs, and officers in units of component forces supporting joint commands, in order to achieve efficiencies, provide promotion fairness and equity, and obtain effective governance in the management of the Department of Defense.
The structure and staffing of the Joint Staff, and the number, structure, and staffing of the combatant commands and their subordinate service component commands, including, in particular—
whether or not the staff organization of each such entity has documented and periodically validated requirements for such entity;
whether or not there are an appropriate number of combatant commands relative to the requirements of the National Security Strategy, the Quadrennial Defense Review, and the National Military Strategy; and
whether or not opportunities exist to consolidate staff functions and services common to the Joint Staff and the service component commands into a single staff organization that provides the required functions, services, capabilities, and capacities to the Chairman of the Joint Chiefs of Staff and supported combatant commanders, and if so—
where in the organizational structure such staff functions, services, capabilities, and capacities would be established; and
whether or not the military departments could execute such staff functions, services, capabilities, and capacities while executing their requirements to organize, train, and equip the Armed Forces.
The statutory and regulatory authority of the combatant commands to establish subordinate joint commands or headquarters, including joint task forces, led by a general or flag officer, and the extent, if any, to which the combatant commands have used such authority—
to establish temporary or permanent subordinate joint commands or headquarters, including joint task forces, led by general or flag officers;
to disestablish temporary or permanent subordinate joint commands or headquarters, including joint task forces, led by general or flag officers;
to increase requirements for general and flag officers in the joint pool which are exempt from the end strength limitations otherwise applicable to general and flag officers in the Armed Forces;
to participate in the management of joint officer qualification in order to ensure the efficient and effective quality and quantity of officers needed to staff headquarters functions and services and return to the services officers with required professional experience and skills necessary to remain competitive for increased responsibility and authority through subsequent assignment or promotion, including by identifying—
circumstances, if any, in which officers spend a disproportionate amount of time in their careers to attain joint officer qualifications with corresponding loss of opportunities to develop in the service-specific assignments needed to gain the increased proficiency and experience to qualify for service and command assignments; and
circumstances, if any, in which the military departments detail officers to joint headquarters staffs in order to maximize the number of officers receiving joint duty credit with a focus on the quantity, instead of the quality, of officers achieving joint duty credit;
to establish commanders’ strategic planning groups, advisory groups, or similar parallel personal staff entities that could risk isolating function and staff processes, including an assessment of the justification used to establish such personal staff organizations and their impact on the effectiveness and efficiency of organizational staff functions, services, capabilities, and capacities; and
to ensure the identification and management of officers serving or having served in units in subordinate service component or joint commands during combat operations and did not receive joint credit for such service.
Consultation
The Secretary shall, to the extent practicable and as the Secretary considers appropriate, conduct the review required by paragraph (1) in consultation with such experts on matters covered by the review who are independent of the Department of Defense.
Report
Not later than March 1, 2016, the Secretary shall submit to the congressional defense committees a report setting forth the results of the review required by paragraph (1).
Plan on reduction in amounts used for administration in fiscal years 2016 through 2019
In general
Not later than January 31, 2016, the Secretary of Defense shall submit to the congressional defense committees, and implement, a plan designed to ensure that the amount used by the Department of Defense for administration from amounts authorized to be appropriated for a fiscal year for operation and maintenance shall be as follows:
In fiscal year 2016, an amount that is 7.5 percent less than the amount authorized to be appropriated for fiscal year 2015 for operation and maintenance, Defense-wide, and available for administration (in this paragraph referred to as the fiscal year 2015 administration amount
).
In fiscal year 2017, an amount that is 15 percent less than the fiscal year 2015 administration amount.
In fiscal year 2018, an amount that is 22.5 percent less than the fiscal year 2015 administration amount.
In fiscal year 2019, an amount that is 30 percent less than the fiscal year 2015 administration amount.
Achievement of reductions
As part of meeting the requirements in paragraph (1), the plan shall provide for reductions in personnel (including military and civilian personnel of the Department of Defense and contract personnel in support of the Department) in the Office of the Secretary of Defense, the secretariats and military staffs of the military departments, the staffs of the Defense Agencies, the staffs of the Joint Staff, the staffs of the combatant commands, and the staffs of their subordinate service component commands.
Exclusion
The plan may not meet the requirements in paragraph (1) through reductions in funding for administration for the following:
The United States Special Operations Command.
The Department of Defense Education Activity.
Any classified program.
Any program relating to sexual assault prevention and response.
Comptroller General of the United States reports
Not later than 90 days after the end of each of fiscal years 2016, 2017, 2018, and 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the extent to which the Department of Defense met the applicable requirement in subsection (b)(1) during such fiscal year.
Limitation on availability of funds for contract personnel support for OSD
In each of fiscal years 2017, 2018, 2019, and 2020, amounts authorized to be appropriated for the Department of Defense and available for the Office of the Secretary of Defense may not be obligated or expended for contract personnel in support of the Office of the Secretary of Defense until the Secretary of Defense certifies to the congressional defense committees that the applicable requirement in subsection (b)(1) was met during the preceding fiscal year.
Adoption of retired military working dogs
Transfer for adoption
Subsection (f) of section 2583 of title 10, United States Code, is amended in the matter preceding paragraph (1) by striking may transfer
and inserting shall transfer
.
Location of retirement
Subsection (f) of such section is further amended—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
by inserting (1)
before If the Secretary
;
in paragraph (1), as designated by paragraph (2) of this subsection—
by striking , and no suitable adoption is available at the military facility where the dog is location,
; and
in subparagraph (B), as designated by paragraph (1) of this subsection, by inserting within the United States
after to another location
; and
by adding at the end the following new paragraph (2):
Paragraph (1) shall not apply if a United States citizen living abroad adopts the dog at the time of retirement.
.
Preference in adoption for former handlers
Such section is further amended—
by redesignating subsection (g) as subsection (h); and
by inserting after subsection (f) the following new subsection (g):
Preference in adoption of retired military working dogs for former handlers
In providing for the adoption under this section of a retired military working dog described in paragraph (1) or (3) of subsection (a), the Secretary of the military department concerned shall accord a preference to the former handler of the dog unless the Secretary determines that adoption of the dog by the former handler would not be in the best interests of the dog.
In the case of a dog covered by paragraph (1) with more than one former handler seeking adoption of the dog at the time of adoption, the Secretary shall provide for the adoption of the dog by such former handler whose adoption of the dog will best serve the interests of the dog and such former handlers. The Secretary shall make any determination required by this paragraph with respect to a dog following consultation with the kennel master of the unit at which the dog was last located before adoption under this section.
Nothing in this subsection shall be construed as altering, revising, or overriding any policy of a military department for the adoption of military working dogs by law enforcement agencies before the end of the dogs' useful lives.
.
Modification of required review of projects relating to potential obstructions to aviation
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—
in subsection (c)—
in paragraph (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
; and
in paragraph (4), by striking readiness, and
and all that follows through the period at the end 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.
;
in subsection (d)(2)(B), by striking as high, medium, or low
; and
in subsection (j), by adding at the end the following new paragraph:
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.
.
Pilot program on intensive instruction in certain Asian languages
Pilot program authorized
The Secretary of Defense may, in consultation with the National Security Education Board, carry out a pilot program to assess the feasibility and advisability of providing scholarships in accordance with the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) to individuals otherwise eligible for scholarships under that Act for intensive language instruction in a covered Asian language.
Covered Asian language
For purposes of this section, a covered Asian language is any of the five Asian languages that would be treated as a language in which deficiencies exist for purposes of section 802(a)(1)(A) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(a)(2)(A)) if the National Security Education Board could treat an additional five Asian languages as a language in which such deficiencies exist.
Use of scholarships
Notwithstanding any provision of the David L. Boren National Security Education Act of 1991, a scholarship awarded pursuant to the pilot program may be used for intensive language instruction in—
the United States; or
a country in which the covered Asian language concerned is spoken by a significant portion of the population (as determined by the Secretary for purposes of the pilot program).
National Security Education Board defined
In this section, the term National Security Education Board means the National Security Education Board established pursuant to section 803 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1903).
Termination
No scholarship may be awarded under the pilot program after the date that is five years after the date on which the pilot program is established.
Military Personnel Authorizations
Active Forces
End strengths for active forces
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2016, as follows:
The Army, 475,000.
The Navy, 329,200.
The Marine Corps, 184,000.
The Air Force, 317,000.
Enhancement of authority for management of end strengths for military personnel
Repeal of specification of permanent end strengths To support two major regional contingencies
Repeal
Section 691 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 691.
Enhanced authority for end strength management
Secretary of Defense authority
Subsection (f) of section 115 of title 10, United States Code, is amended by striking increase
each place it appears and inserting vary
.
Service Secretary authority
Subsection (g) of such section is amended—
in paragraph (1), by striking increase
each place it appears and inserting vary
; and
in paragraph (2), by striking increase
each place it appears and inserting variance
.
Reserve Forces
End strengths for Selected Reserve
In general
The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2016, as follows:
The Army National Guard of the United States, 342,000.
The Army Reserve, 198,000.
The Navy Reserve, 57,400.
The Marine Corps Reserve, 38,900.
The Air National Guard of the United States, 105,500.
The Air Force Reserve, 69,200.
The Coast Guard Reserve, 7,000.
End strength reductions
The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
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.
End strengths for Reserves on active duty in support of the reserves
Findings
The Senate makes the following findings:
Several States routinely recruit and retain members of the Army National Guard of the United States in excess of State authorizations to offset States that do not recruit to State authorizations.
The States that routinely recruit and retain members of the Army National Guard of the United States in excess of authorizations do not receive any extra full-time operational support duty personnel to support excess members.
Sense of Senate
It is the sense of the Senate that the National Guard Bureau should account for States that routinely recruit and retain members in excess of State authorizations when allocating full-time operational support duty personnel.
End strengths
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:
The Army National Guard of the United States, 30,770.
The Army Reserve, 16,261.
The Navy Reserve, 9,934.
The Marine Corps Reserve, 2,260.
The Air National Guard of the United States, 14,748.
The Air Force Reserve, 3,032.
Allocation among States
In allocating Reserves on full-time duty in the Army National Guard of the United States authorized by subsection (c)(1) among the States, the Chief of the National Guard Bureau shall take into account the actual number of members of the Army National Guard of the United States serving in each State as of September 30 each year.
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:
For the Army National Guard of the United States, 26,099.
For the Army Reserve, 7,395.
For the Air National Guard of the United States, 22,104.
For the Air Force Reserve, 9,814.
Fiscal year 2016 limitation on number of non-dual status technicians
Limitations
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:
For the Army National Guard of the United States, 1,600.
For the Air National Guard of the United States, 350.
Army Reserve
The number of non-dual status technicians employed by the Army Reserve as of September 30, 2016, may not exceed 595.
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.
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.
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:
The Army National Guard of the United States, 17,000.
The Army Reserve, 13,000.
The Navy Reserve, 6,200.
The Marine Corps Reserve, 3,000.
The Air National Guard of the United States, 16,000.
The Air Force Reserve, 14,000.
Chief of the National Guard Bureau authority to increase certain end strengths applicable to the Army National Guard
Authority
Subject to subsection (b), the Chief of the National Guard Bureau may increase each of the end strengths for fiscal year 2016 applicable to the Army National Guard as follows:
The end strength for Selected Reserve personnel of the Army National Guard of the United States in section 411(a)(1) by up to 3,000 members in addition to the number specified in section 411(a)(1).
The end strength for Reserves serving on full-time duty for the purpose of organizing, administering, recruiting, instructing, or training for the Army National Guard of the United States specified in section 412(1) by up to 615 Reserves in addition to the number specified in section 412(1).
The end strength for military technicians (dual status) for the Army National Guard of the United States specified in section 413(1) by up to 1,111 technicians in addition to the number specified in section 413(1).
Limitation
The Chief of the National Guard Bureau may increase an end strength using the authority in subsection (a) only if such increase is paid for out of funds appropriated for fiscal year 2016 for Operation and Maintenance, Army National Guard.
Authorization of Appropriations
Military personnel
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.
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.
Military Personnel Policy
Officer Personnel Policy
Authority of promotion boards to recommend officers of particular merit be placed at the top of the promotion list
Authority of promotion boards To recommend officers of particular merit Be placed at top of promotion list
Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection:
In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed at the top of the promotion list promulgated by the Secretary under section 624(a)(1) of this title.
The determination whether an officer is an officer of particular merit for purposes of this subsection shall be made in accordance with criteria prescribed by the Secretary of the military department concerned for such purposes.
The number of such officers placed at the top of the promotion list may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category. If the number determined under this subsection is less than one, the board may recommend one such officer.
No officer may be recommended to be placed at the top of the promotion list unless the officer receives the recommendation of at least three-quarters of the members of a board for such placement.
For the officers recommended to be placed at the top of the promotion list, the board shall recommend the order in which these officers should be promoted.
.
Officers of particular merit appearing at top of promotion list
Section 624(a)(1) of such title is amended by inserting , except such officers of particular merit who were approved by the President and recommended by the board to be placed at the top of the promotion list under section 616(g) of this title as these officers shall be placed at the top of the promotion list in the order recommended by the board
after officers on the active-duty list
.
Minimum grades for certain corps and related positions in the Army, Navy, and Air Force
Army
Chief of Legislative Liaison
Section 3023(a) of title 10, United States Code, is amended in the second sentence by striking the grade of major general
and inserting a grade above the grade of colonel
.
Assistant Surgeon General
Section 3039(b) of such title is amended by striking the last sentence and inserting the following new sentence: An officer appointed to that position shall be an officer in a grade above the grade of colonel.
.
Chief of the Nurse Corps
Section 3069(b) of such title is amended by striking whose regular grade
and all that follows through major general.
and inserting . An officer appointed to that position shall be an officer in a grade above the grade of colonel.
.
Chief of the Veterinary Corps
Section 3084 of such title is amended by striking the last sentence and inserting the following new sentence: An officer appointed to that position shall be an officer in a grade above the grade of lieutenant colonel.
.
Navy
Chief of Legislative Affairs
Section 5027(a) of title 10, United States Code, is amended by striking the grade of rear admiral
and inserting a grade above the grade of captain
.
Chief of the Dental Corps
Section 5138 of such title is amended—
by striking subsections (a) and (b) and inserting the following new subsection (a):
There is a Chief of the Dental Corps in the Department of the Navy. An officer assigned to that position shall be an officer in a grade above the grade of captain.
; and
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
Directors of medical corps
Section 5150(c) of such title is amended—
in the first sentence, by striking for promotion
and all that follows through the end of the sentence and inserting a period; and
by inserting after the first sentence the following new sentence: An officer so selected shall be an officer in a grade above the grade of captain.
.
Air Force
Chief of Legislative Liaison
Section 8023(a) of title 10, United States Code, is amended in the second sentence by striking the grade of major general
and inserting a grade above the grade of colonel
.
Chief of the Nurse Corps
Section 8069(b) of such title is amended by striking whose regular grade
and all that follows through major general.
and inserting . An officer appointed to that position shall be an officer in a grade above the grade of colonel.
.
Assistant Surgeon General for Dental Services
Section 8081 of such title is amended by striking the second sentence and inserting the following new sentence: An officer appointed to that position shall be an officer in a grade above the grade of colonel.
.
Transition
In the case of an officer who on the date of the enactment of this Act is serving in a position that is covered by an amendment made by this section, the continued service of that officer in such position after the date of the enactment of this Act shall not be affected by that amendment.
Enhancement of military personnel authorities in connection with the defense acquisition workforce
Inclusion of acquisition matters within joint matters for officer management
Joint matters
Subsection (a)(1) of section 688 of title 10, United States Code, is amended—
in subparagraph (D), by striking or
at the end;
in subparagraph (E), by striking the period at the end and inserting ; or
; and
by adding at the end the following new subparagraph:
acquisition addressed by military personnel acting under chapter 87 of this title.
.
Joint duty assignment
Subsection (b)(1)(A) of such section is amended by striking limited to assignments in which
and all that follows and inserting “limited to—
assignments in which the officer gains significant experience in joint matters; and
assignments pursuant to chapter 87 of this title; and
.
Requirements for military personnel in the acquisition field
Consultation of service chiefs in policies and guidance
Subsection (a) of section 1722a of title 10, United States Code, is amended by inserting after such military department)
the following: , in consultation with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps (with respect to the armed force under the jurisdiction of each),
.
Enhanced career paths for personnel
Subsection (b) of such section is amended—
in paragraph (1), by inserting single-tracked
before career path
;
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
by inserting after paragraph (1) the following new paragraph (2):
A dual-tracked career path that attracts the highest quality officers and enlisted personnel and allows them to gain experience in, and receive credit for, a primary career in combat arms and a functional secondary career in the acquisition field in order to more closely align the military operational requirements and acquisition workforces of each armed force.
.
Joint professional military education
Inclusion of business and commercial training in joint professional military education
Subsection (a) of section 2151 of title 10, United States Code, is amended—
by inserting (1)
before Joint professional military education
; and
by striking the second sentence and inserting the following new paragraphs:
The subject matter to be covered by joint professional military education shall include at least the following:
National Military Strategy.
Joint planning at all levels of war.
Joint doctrine.
Joint command and control.
Joint force and joint requirements development.
Operational contract support.
In lieu of the subject matters covered by paragraph (2), or in supplement to one or more of such matters, the subject matter to be covered by joint professional military education may include subjects addressed in training programs under section 2013(a) of this title by, in, or through organizations described in paragraph (2)(D) of that section.
.
Senior level service schools
Subsection (b)(1) of such section is amended by adding at the end the following new subparagraph:
A training program section 2013(a) of this title by, in, or through an organization described in paragraph (2)(D) of that section.
.
Three-phase approach
Section 2154(a)(2) of such title is amended—
in the matter preceding subparagraph (A), by striking in residence at
;
by striking subparagraph (A) and inserting the following new subparagraph (A):
in residence at the Joint Forces Staff College;
; and
in subparagraph (B), by striking a senior level service school
and inserting in residence at a senior level service school, or by, in, or though a senior level service school described in section 2151(b)(1)(E) of this title,
.
Joint professional military education Phase II
Section 2155 of such title is amended—
in subsection (b)—
in the subsection caption, by inserting for joint military subjects
after Phase II requirements
; and
by inserting described in section 2151(a)(2) of this title
after joint professional military education
;
in subsection (c)—
in the subsection caption, by inserting for joint military subjects
after Curriculum content
;
by striking section 2151(a)
and inserting section 2151(a)(2)
; and
by inserting described in such section
after joint professional military education
;
by redesignating subsection (d) as subsection (e);
by inserting after subsection (c) the following new subsection (d):
Curriculum content for business and commercial training
The curriculum for Phase II joint professional military education described in section 2151(a)(3) of this title shall include such matters as the Secretary shall specify in connection with training programs described in that section in order to satisfy requirements for successful performance in the acquisition or acquisition-related field.
; and
in subsection (e), as redesignated by subparagraph (C), by inserting (other than a service school described in section 2151(b)(1)(E) of this title)
after senior level service school
.
Acquisition-related functions of service chiefs
Section 2547 of title 10, United States Code, is amended—
in subsection (b), by striking this subsection
the first place it appears and inserting subsection (a)
;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
Annual report on promotion rates for officers in acquisition positions
Not later than January 1 each year, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps shall each submit to Congress a report on the promotion rates during the preceding fiscal year of officers who are serving in, or have served in, positions covered by chapter 87 of this title, and officers who have been certified under that chapter, in the grades specified in paragraph (2). If promotion rates for any such grade of officers failed to meet objectives for the fiscal year concerned for promotion rates for such grade, the chief of the armed force concerned shall include in the report for such fiscal year information on such failure and on the actions taken or to be taken by such chief to prevent further such failures.
The grades specified in this paragraph are as follows:
The grade of colonel (or captain, in the case of the Navy).
The grade of lieutenant colonel (or commander, in the case of the Navy).
The grade of major (or lieutenant commander, in the case of the Navy).
.
Enhanced flexibility for determination of officers to continue on active duty and for selective early retirement and early discharge
Section 638a(d)(2) of title 10, United States Code, is amended by striking officers considered—
and all that follows and inserting officers considered.
.
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
Authority
Section 1253 of title 10, United States Code, is amended by adding at the end the following new subsection:
Exception for Chiefs of Chaplains and Deputy Chiefs of Chaplains
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. Such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.
.
Conforming amendments
Heading
The heading of such section is amended by striking exception
and inserting exceptions
.
Table of sections
The table of sections at the beginning of chapter 63 of such title is amended in the item relating to section 1253 by striking exception
and inserting exceptions
.
Reinstatement of enhanced authority for selective early discharge of warrant officers
Section 580a of title 10, United States Code, is amended—
in subsection (a), by striking November 30, 1993, and ending on October 1, 1999
and inserting October 1, 2015, and ending on October 1, 2019
; and
in subsection (c)—
by striking paragraph (3); and
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
Authority to conduct warrant officer retired grade determinations
Section 1371 of title 10, United States Code, is amended—
by inserting highest
after in the
; and
by striking that he held on the day before the date of his retirement, or in any higher warrant officer grade
.
Reserve Component Management
Authority to designate certain reserve officers as not to be considered for selection for promotion
Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:
Certain officers not To be considered for selection for promotion
The Secretary of the military department concerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion at any time the officer otherwise would be so considered. Any such officer may remain on the reserve active-status list.
.
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—
in paragraph (1)—
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
in subparagraphs (A) and (B), by striking selection board
and inserting mandatory promotion board
; and
in the first sentence of paragraph (3), by striking selection board
and inserting mandatory promotion board
.
Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the Armed Forces
Section 12102(b) of title 10, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:
that person has met the citizenship or residency requirements established in section 504(b)(1) of this title; or
that person is authorized to enlist by the Secretary concerned under section 504(b)(2) of this title.
.
Authority for certain Air Force reserve component personnel to provide training and instruction regarding pilot instructor training
Authority
In general
During fiscal year 2016, the Secretary of the Air Force may authorize personnel described in paragraph (2) to provide training and instruction regarding pilot instructor training to the following:
Members of the Armed Forces on active duty.
Members of foreign military forces who are in the United States.
Personnel
The personnel described in this paragraph are the following:
Members of the reserve components of the Air Force on active Guard and Reserve duty (as that term is defined in section 101(d) of title 10, United States Code) who are not otherwise authorized to conduct the training described in paragraph (1) due to the limitations in section 10216 of title 10, United States Code.
Members of the Air Force who are military technicians (dual status) who are not otherwise authorized to conduct the training described in paragraph (1) due to the limitations in section 328(b) of title 32, United States Code
Limitation
The total number of personnel described in paragraph (2) who may provide training and instruction under the authority in paragraph (1) at any one time may not exceed 50.
Federal Tort Claims Act
Members of the uniformed services described in paragraph (2) who provide training and instruction pursuant to the authority in paragraph (1) shall be covered by the Federal Tort Claims Act for purposes of any claim arising from the employment of such individuals under that authority.
Report
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a plan to eliminate pilot instructor shortages within the Air Force using authorities available to the Secretary under current law.
General Service Authorities
Duty required for eligibility for preseparation counseling for members being discharged or released from active duty
Requirement for 180 continuous days of active duty service for eligibility
Subparagraph (A) of section 1142(a)(4) of title 10, United States Code, is amended by inserting continuous
after first 180
.
Exclusion of training from periods of active duty
Such section is further amended by adding at the end the following new subparagraph:
For purposes of subparagraph (A), the term active duty does not include full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.
.
Expansion of pilot programs on career flexibility to enhance retention of members of the Armed Forces
Section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec. 701 note) is amended by striking subsections (b) and (c).
Sense of Senate on development of gender-neutral occupational standards for occupational assignments in the Armed Forces
Finding
The Senate remains interested in the integration of women into the combat arms of the Armed Forces and the development of gender-neutral occupational standards for occupational assignments in the Armed Forces.
Sense of Senate
It is the sense of the Senate that—
the development of gender-neutral occupational standards is vital in determining the occupational assignments of all members of the Armed Forces;
studies being conducted by the Armed Forces are important to the development of these standards and should incorporate the best scientific practices available; and
the Armed Forces should consider such studies on these standards carefully in order to ensure that—
such studies do not result in unnecessary barriers to service in the Armed Forces; and
all decisions on occupational assignments in the Armed Forces—
are based on an objective analysis of the tasks required to perform the occupational assignment concerned; and
do not negatively impact the required combat capabilities of the Armed Forces, including units whose primary mission is to engage in direct combat at the tactical level.
Sense of Congress recognizing the diversity of the members of the Armed Forces
Findings
Congress finds the following:
The United States military includes individuals with a variety of national, ethnic, and cultural backgrounds that have roots all over the world.
In addition to diverse backgrounds, members of the Armed Forces come from numerous religious traditions, including Christian, Hindu, Jewish, Muslim, Sikh, non-denominational, nonpracticing, and many more.
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.
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.
The unity of the Armed Forces reflects the strength in diversity that makes the United States a great Nation.
Sense of Congress
It is the sense of Congress that the United States should—
continue to recognize and promote diversity in the Armed Forces; and
honor those from all diverse backgrounds and religious traditions who have made sacrifices in serving the United States through the Armed Forces.
Member Education and Training
Educational Assistance Reform
Limitation on tuition assistance for off-duty training or education
Section 2007(a) of title 10, United States Code, is amended by inserting , but only if the Secretary determines that such education or training is likely to contribute to the member’s professional development
after during the member’s off-duty periods
.
Termination of program of educational assistance for reserve component members supporting contingency operations and other operations
In general
Chapter 1607 of title 10, United States Code, is amended by adding at the end the following new section:
Sunset
Sunset
The authority to provide educational assistance under this chapter shall terminate on the date that is four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016.
Limitation on provision of assistance pending sunset
Notwithstanding any other provision of this chapter, during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 and ending on the date that is four years after the date of the enactment of that Act, educational assistance may be provided under this chapter only to a member otherwise eligible for educational assistance under this chapter who received educational assistance under this chapter for a course of study at an educational institution for the enrollment period at the educational institution that immediately preceded the date of the enactment of that Act.
.
Clerical amendment
The table of sections at the beginning of chapter 1607 of such title is amended by adding at the end the following new item:
16167. Sunset.
.
Reports on educational levels attained by certain members of the Armed Forces at time of separation from the Armed Forces
Annual reports required
Each Secretary concerned shall submit to Congress each year a report on the educational levels attained by members of the Armed Forces described in subsection (b) under the jurisdiction of such Secretary who separated from the Armed Forces during the preceding year.
Covered members
The members of the Armed Forces described in this subsection are members of the Armed Forces who transferred unused education benefits to family members pursuant to section 3319 of title 38, United States Code, while serving as members of the Armed Forces.
Secretary concerned defined
In this section, the term Secretary concerned has the meaning given that term in section 101 of title 38, United States Code.
Sense of Congress on transferability of unused education benefits to family members
In general
It is the sense of Congress that each Secretary concerned should—
exercise the authority in section 3319(a) of title 38, United States Code, relating to the transferability of unused education benefits to family members, in a manner that encourages the retention of individuals in the Armed Forces; and
be more selective in permitting such transferability.
Definitions
In this section, the terms Armed Forces and Secretary concerned have the meaning given such terms in section 101 of title 38, United States Code.
No entitlement to unemployment insurance while receiving Post-9/11 Education Assistance
Section 8525(b) of title 5, United States Code, is amended—
in paragraph (1), by striking or
after the semicolon;
in paragraph (2), by striking the period and inserting ; or
; and
by adding at the end the following new paragraph:
an educational assistance allowance under chapter 33 of title 38.
.
Other Matters
Repeal of statutory specification of minimum duration of in-resident instruction for courses of instruction offered as part of Phase II joint professional military education
Repeal of statutory requirement for in-resident instruction
Section 2154(a)(2)(A) of title 10, United States Code, is amended by striking taught in residence at
and inserting offered through
.
Repeal of statutory durational minimum
Repeal
Section 2156 of such title is repealed.
Clerical amendment
The table of sections at the beginning of chapter 107 of such title amended by striking the item relating to section 2156.
Quality assurance of certification programs and standards for professional credentials obtained by members of the Armed Forces
Section 2015 of title 10, United States Code, as amended by section 551 of the Carl Levin and Howard P. Buck
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3376), is further amended—
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following new subsection (c):
Quality assurance of certification programs and standards
Commencing not later than three years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, each Secretary concerned shall ensure that any credentialing program used in connection with the program under subsection (a) is accredited by an accreditation body that meets the requirements specified in paragraph (2).
The requirements for accreditation bodies specified in this paragraph are requirements that an accreditation body—
be an independent body that has in place mechanisms to ensure objectivity and impartiality in its accreditation activities;
meet a recognized national or international standard that directs its policy and procedures regarding accreditation;
apply a recognized national or international certification standard in making its accreditation decisions regarding certification bodies and programs;
conduct on-site visits, as applicable, to verify the documents and records submitted by credentialing bodies for accreditation;
have in place policies and procedures to ensure due process when addressing complaints and appeals regarding its accreditation activities;
conduct regular training to ensure consistent and reliable decisions among reviewers conducting accreditations; and
meet such other criteria as the Secretary concerned considers appropriate in order to ensure quality in its accreditation activities.
.
Support for athletic programs of the United States Military Academy
In general
Chapter 403 of title 10, United States Code, is amended by adding at the end the following new section:
Support of athletic and physical fitness programs
Authority
Contracts and cooperative agreements
The Secretary of the Army may enter into contracts and cooperative agreements with the Army West Point Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Academy.
Financial controls
Before entering into a contract or cooperative agreement under paragraph (1), the Secretary shall ensure that such contract or agreement includes appropriate financial controls to account for Academy and Association resources in accordance with accepted accounting principles.
Any such contract or cooperative agreement shall contain a provision that allows the Secretary, at the Secretary’s discretion, to review the financial accounts of the Association to determine whether the operations of the Association—
are consistent with the terms of the contract or cooperative agreement; and
will not compromise the integrity or appearance of integrity of any program of the Department of the Army.
Leases
Section 2667(h) of this title shall not apply to any leases the Secretary may enter into with the Association for the purpose of supporting the athletic and physical fitness programs of the Academy.
Support services
Authority
To the extent required by a contract or cooperative agreement under subsection (a), the Secretary may provide support services to the Association while the Association conducts its support activities at the Academy. The Secretary may provide support services described in paragraph (2) only if the Secretary determines that the provision of such services is essential for the support of the athletic and physical fitness programs of the Academy.
Support services defined
In this subsection, the term support services includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property.
Such term includes—
housing for Association personnel on United States Army Garrison, West Point, New York; and
enrollment of dependents of Association personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under section 2164(a) of this title, except that educational services provided pursuant to this clause shall be provided on a reimbursable basis.
No liability of the United States
Any such support services may only be provided without any liability of the United States to the Association.
Acceptance of support
Support received from the association
Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic and physical fitness programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
Funds received from NCAA
The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic and physical fitness programs of the Academy.
Limitation
The Secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (e) do not reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
Trademarks and service marks
Licensing, marketing, and sponsorship agreements
An agreement under subsection (a) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Army.
Limitations
No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—
such agreement would reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
Retention and use of funds
In general
Any funds received by the Secretary under this section other than money rentals received for property leased pursuant to section 2667 of this title shall be used by the Academy for one or more of the following purposes:
To benefit participating cadets.
To enhance the ability of the Academy to compete against other colleges and universities.
Availability of funds
Funds described in paragraph (1) shall remain available until expended.
Service on Association Board of Directors
The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.
Conditions
The authority provided in this section with respect to the Association is available only so long as the Association continues—
to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of New York, and the constitution and bylaws of the Association; and
to operate exclusively to support the athletic and physical fitness programs of the Academy.
Association defined
In this section, the term Association means the Army West Point Athletic Association.
.
Clerical amendment
The table of sections at the beginning of chapter 403 of such title is amended by adding at the end the following new item:
4362. Support of athletic and physical fitness programs.
.
Online access to the higher education component of the Transition Assistance Program
Notice to program participants of availability of component online through the Department of Defense
If a member of the Armed Forces, veteran, or dependent requests a certificate of eligibility from the Secretary of Veterans Affairs to prove the eligibility of the member, veteran, or dependent, as the case may be, for educational assistance under chapter 33 of title 38, United States Code, the Secretary shall notify the member, veteran, or dependent of the availability of the higher education component of the Transition Assistance Program (TAP) on the Transition GPS Standalone Training Internet website of the Department of Defense.
Availability of component online through the Department of Veterans Affairs
In general
The Secretary of Defense shall, in collaboration with the Secretary of Veterans Affairs, assess the feasibility of—
providing access for veterans and dependents to the higher education component of the Transition Assistance Program on the eBenefits Internet website of the Department of Veterans Affairs; and
tracking the completion of that component through that Internet website.
Report to Congress
The Secretary of Defense shall submit to Congress a report setting forth a description of the cost and length of time required to provide access and begin tracking completion of the higher education component of the Transition Assistance Program as described in paragraph (1).
Military Justice
Modification of Rule 304 of the Military Rules of Evidence relating to the corroboration of a confession or admission
Not later than 180 days after the date of the enactment of this Act, Rule 304(c) of the Military Rules of Evidence shall be modified as follows:
To provide that an admission or a confession of the accused may be considered as evidence against the accused on the question of guilt or innocence only if independent evidence, either direct or circumstantial, has been admitted into evidence which would tend to establish the trustworthiness of the admission or confession.
To provide that not every element or fact contained in the admission or confession must be independently proven for the admission or confession to be admitted into evidence in its entirety.
To strike the rule that if independent evidence raises an inference of the truth of some but not all of the essential facts admitted, the confession or admission may be considered as evidence against the accused only with respect to those essential facts stated in the confession or admission that are corroborated by the independent evidence.
With respect to the quantum of evidence needed to establish corroboration, to provide that the independent evidence need raise only an inference of the truth of the admission or confession.
Modification of Rule 104 of the Rules for Courts-Martial to establish certain prohibitions concerning evaluations of Special Victims' Counsel
Not later than 180 days after the date of the enactment of this Act, Rule 104(b) of the Rules for Courts-Martial shall be modified to provide that the prohibitions concerning evaluations established by that Rule shall apply to the giving of a less favorable rating or evaluation to any member of the Armed Forces serving as a Special Victims' Counsel because of the zeal with which such counsel represented a victim.
Right of victims of offenses under the Uniform Code of Military Justice to timely disclosure of certain materials and information in connection with prosecution of offenses
Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice), is amended—
by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and
by inserting after paragraph (2) the following new paragraph (3):
The right to the timely disclosure by trial counsel to the victim (or the Special Victims' Counsel of the victim if the victim is so represented) of the following:
Any charges and specifications related to the offense.
Any motions filed by trial counsel or defense counsel in connection with the court-martial of the offense, unless otherwise protected from disclosure.
All statements by the accused related to the offense.
Any statement by the victim in connection with the offense that is in the possession of the government.
Any portions relating to the victim in any report of an investigation of the offense that is in the possession of the government.
In the event the staff judge advocate advises pursuant to section 834 of this title (article 34) that any charge or specification in connection with the offense not be referred for trial, the advice making such recommendation, with such advice to be so provided before the convening authority acts on the advice.
.
Enforcement of certain crime victims' rights by the Court of Criminal Appeals
Section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended—
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following new subsection (d):
Enforcement of certain rights by Court of Criminal Appeals
If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32), or a court-martial ruling, violates the victim's rights afforded by a section (article) or rule specified in paragraph (2), the victim may file an interlocutory appeal of such ruling by petitioning the Court of Criminal Appeals for an order to require the judge advocate conducting such preliminary hearing, or the court-martial, as the case may be, to comply with the section (article) or rule, as applicable.
A victim of an offense under this chapter who is subject to an order to submit to a deposition notwithstanding the fact that the victim shall be available to testify at the court-martial of the offense may file an interlocutory appeal of such order by petitioning the Court of Criminal Appeals for an order to quash such order.
The Court of Criminal Appeals shall provide a de novo review of the question or questions raised by a petition filed under this paragraph. A single judge or panel of judges shall take up and decide the petition within 72 hours after the petition is filed.
Paragraph (1)(A) applies with respect to the protections afforded by the following:
This section (article).
Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.
Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
Military Rule of Evidence 514, relating to the victim advocate-victim privilege.
Military Rule of Evidence 615, relating to the exclusion of witnesses.
The proceedings of a preliminary hearing under section 832 of this title (article 32), or a court-martial, may not be stayed or subject to a continuance of more than five days for purposes of enforcing this subsection. If the Court of Criminal Appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.
.
Release to victims upon request of complete record of proceedings and testimony of courts-martial in cases in which sentences adjudged could include punitive discharge
In general
Section 854(e) of title 10, United States Code (article 54(e) of the Uniform Code of Military Justice), is amended—
by inserting (1)
after (e)
;
in paragraph (1), as so designated, by inserting or the victim requests such records
before the period at the end of the first sentence; and
by adding at the end the following new paragraphs:
In the case of a general or special court-martial involving an offense (other than an offense covered by paragraph (1)) for which the sentence as adjudged could include punitive discharge from the armed forces, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim requests such records.
Records given to a victim under this subsection at the request of the victim in a case where the court-martial concerned resulted in the acquittal of the accused may include restrictions on release or use of such records or information in such records in order to protect the privacy or other interests of the accused.
.
Effective date
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to courts-martial first convened on or after that date.
Representation and assistance of victims by Special Victims' Counsel in questioning by military criminal investigators
Section 1044e(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:
In carrying out paragraph (1), a military criminal investigator seeking to question an individual eligible for the assistance of a Special Victims' Counsel under this section shall inform the individual of the individual's right to be represented by a Special Victims' Counsel in connection with such questioning.
If an individual described in subparagraph (A) requests representation by a Special Victims' Counsel in connection with questioning described in that subparagraph—
a Special Victims' Counsel shall represent and assist the individual during and in connection with such questioning;
the military criminal investigator shall contact and question the individual only through the Special Victims' Counsel representing the individual; and
the military criminal investigation may not contact or question the individual without the consent of such Special Victims' Counsel.
Nothing in this paragraph confers any right on an accused under investigation.
A violation of this paragraph shall not be a basis for the suppression of any statement of an individual described in subparagraph (A), or derivative evidence of such a statement, in a proceeding against a person accused with committing an offense against such individual.
.
Authority of Special Victims' Counsel to provide legal consultation and assistance in connection with various Government proceedings
Section 1044e(b) of title 10, United States Code, is amended—
by redesignating paragraph (9) as paragraph (10); and
by inserting after paragraph (8) the following new paragraph (9):
Legal consultation and assistance in connection with—
any complaint against the Government, including an allegation under review by an inspector general and a complaint regarding equal employment opportunities;
any request to the Government for information, including a request under section 552a of title 5 (commonly referred to as a ‘Freedom of Information Act request'); and
any correspondence or other communications with Congress.
.
Enhancement of confidentiality of restricted reporting of sexual assault in the military
Preemption of State law To ensure confidentiality of reporting
Subsection (b) of section 1565b of title 10, United States Code, is amended by adding at the end the following new paragraph:
In the case of information disclosed pursuant to paragraph (1), any State law or regulation that would require an individual specified in paragraph (2) to disclose the personally identifiable information of the adult victim or alleged perpetrator of the sexual assault to a State or local law enforcement agency shall not apply, except when reporting is necessary to prevent or mitigate a serious and imminent threat to the health or safety of an individual.
.
Clarification of scope
Paragraph (1) of such subsection is amended by striking a dependent
and inserting an adult dependent
.
Definitions
Such section is further amended by adding at the end the following new subsection:
Definitions
In this section:
Sexual assault
The term sexual assault includes the offenses of rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as punishable under applicable Federal or State law.
State
The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
.
Establishment of Office of Complex Investigations within the National Guard Bureau
In general
Chapter 1101 of title 10, United States Code, is amended by adding at the end the following new section:
Office of Complex Investigations
In general
There is in the National Guard Bureau an Office of Complex Investigations (in this section referred to as the Office
) under the authority, direction, and control of the Chief of the National Guard Bureau.
Disposition and functions
The Office shall be organized, trained, equipped, and managed to conduct administrative investigations in order to assist the States in the organization, maintenance, and operation of the National Guard as follows:
In investigations of allegations of sexual assault involving members of the National Guard.
In Investigations in circumstances involving members of the National Guard in which other law enforcement agencies within the Department of Defense do not have, or have limited, jurisdiction or authority to investigate.
In investigations in such other circumstances involving members of the National Guard as the Chief of the National Guard Bureau may direct.
Scope of investigative authority
Individuals performing investigations described in subsection (b)(1) are authorized—
to have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable establishment which relate to programs and operations with respect to the National Guard; and
to request such information or assistance as may be necessary for carrying out those duties from any Federal, State, or local governmental agency or unit thereof.
.
Clerical amendment
The table of sections at the beginning of chapter 1101 of such title is amended by adding at the end the following new item:
10509. Office of Complex Investigations.
.
Modification of deadline for establishment of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces
Section 546(a)(2) of the Carl Levin and Howard P. Buck
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3374; 10 U.S.C. 1561 note) is amended by striking not later than
and all that follows and inserting not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016.
.
Comptroller General of the United States reports on prevention and response to sexual assault by the Army National Guard and the Army Reserve
Initial report
Not later than April 1, 2016, the Comptroller General of the United States shall submit to Congress a report on the preliminary assessment of the Comptroller General (made pursuant to a review conducted by the Comptroller General for purposes of this section) of the extent to which the Army National Guard and the Army Reserve—
have in place policies and programs to prevent and respond to incidents of sexual assault involving members of the Army National Guard or the Army Reserve, as applicable;
provide medical and mental health care services to members of the Army National Guard or the Army Reserve, as applicable, following a sexual assault; and
have identified whether the nature of service in the Army National Guard or the Army Reserve, as the case may be, poses challenges to the prevention of or response to sexual assault.
Additional reports
If after submitting the report required by subsection (a) the Comptroller General makes additional assessments as a result of the review described in that subsection, the Comptroller General shall submit to Congress such reports on such additional assessments as the Comptroller General considers appropriate.
Sense of Congress on the service of military families and on sentencing retirement-eligible members of the Armed Forces
Findings
Congress makes the following findings:
Military families serve alongside their member of the Armed Forces, enduring hardships, lending support, and contributing to the member’s career. These family members endure frequent moves, long periods of separation, and other unique hardships associated with military life.
Innocent family members are sometimes inadvertently punished when the member they depend on forfeits retirement benefit eligibility due to a court-martial sentence.
When a retirement-eligible member forfeits retirement eligibility, that member’s innocent family members lose the security of benefits they had planned for and helped earn.
Military juries may choose to impose unjustly light sentences on convicted members out of concern for the innocent family members when a just sentence would require stripping the member of retirement eligibility.
Sense of Congress
It is the sense of Congress—
that military juries should not face the difficult choice between imposing a fair sentence or protecting the benefits of a member of the Armed Forces for the sake of innocent family members;
that innocent military family members of retirement-eligible members should not be made to forgo benefits they have sacrificed for and helped to earn; and
to welcome the opportunity to work with the Department of Defense to develop the necessary laws and regulations to improve the military justice system and to protect the benefits that military families have helped earn.
Defense Dependents Education and Military Family Readiness
Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees
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, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
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)).
Impact aid for children with severe disabilities
Of the amount authorized to be appropriated for fiscal year 2016 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).
Authority to use appropriated funds to support Department of Defense student meal programs in domestic dependent elementary and secondary schools located outside the United States
Authority
Section 2243 of title 10, United States Code, is amended—
in subsection (a)—
by striking the defense dependents’ education system
and inserting overseas defense dependents’ schools
; and
by striking students enrolled in that system
and inserting students enrolled in such a school
;
in subsection (d), by striking Department of Defense dependents' schools which are located outside the United States
and inserting overseas defense dependents’ schools
; and
by adding at the end the following new subsection:
Overseas defense dependents’ school defined
In this section, the term overseas defense dependents’ school means the following:
A school established as part of the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).
An elementary or secondary school established pursuant to section 2164 of this title that is located in a territory, commonwealth, or possession of the United States.
.
Conforming amendments
Heading amendment
The heading of such section is amended by inserting defense
after overseas
.
Table of sections
The table of sections at the beginning of subchapter I of chapter 134 of such title is amended in the item relating to section 2243 by inserting defense
after overseas
.
Biennial surveys of military dependents on military family readiness matters
Biennial surveys required
The Director of the Office of Family Policy of the Department of Defense shall undertake every other year a survey of adult dependents of members of the Armed Forces on the matters specified in subsection (b). Participation by dependents in the survey shall be voluntary.
Matters
The matters specified in this subsection are the following:
Mental health of dependents of members of the Armed Forces.
Incidence of suicide and suicidal ideation among dependents of members of the Armed Forces.
Incidence of divorce among dependents of members of the Armed Forces.
Incidence of spousal abuse, child abuse, sexual assault, and harassment among dependents of members of the Armed Forces.
Financial health and financial literacy of military families.
Employment and education of dependents of members of the Armed Forces.
Adequacy and availability of child care for dependents of members of the Armed Forces.
Quality of programs for military families.
Such other matters relating to military family readiness as the Director considers appropriate.
Miscellaneous Reporting Requirements
Extension of semiannual reports on the involuntary separation of members of the Armed Forces
Section 525(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1724) is amended by striking calendar years 2013 and 2014
and each of calendar years 2013 through 2017
.
Remotely piloted aircraft career field manning shortfalls
Limitation
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for operation and maintenance for the Office of the Secretary of the Air Force, not more than 85 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the report described in subsection (b).
Report required
In general
Not later than 60 days after the date of enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on remotely piloted aircraft career field manning levels and actions the Air Force will take to rectify personnel shortfalls.
Elements
The report required under paragraph (1) shall include the following elements:
A description of current and projected manning requirements and inventory levels for remotely piloted aircraft systems.
A description of rated and non-rated officer and enlisted manning policies for authorization and inventory levels in effect for remotely piloted aircraft systems and units, to include whether remotely piloted aircraft duty is considered as a permanent Air Force Specialty Code or treated as an ancillary single assignment duty, and if both are used, the division of authorizations between permanently assigned personnel and those who will return to a different primary career field.
Comparisons to other Air Force manned combat aircraft systems and units with respect to personnel policies, manpower authorization levels, and projected personnel inventory.
Identification and assessment of mitigation actions to increase unit manning levels, including recruitment and retention bonuses, incentive pay, use of enlisted personnel, and increased weighting to remotely piloted aircraft personnel on promotion boards, and to ensure the school house for remotely piloted aircraft personnel is sufficient to meet increased manning demands.
Analysis demonstrating the requirements determination for how remotely piloted aircraft pilot and sensor operators are selected, including whether individuals are prior rated or non-rated qualified, what prerequisite training or experience is necessary, and required and types of basic and advanced qualification training for each mission design series of remotely piloted aircraft in the Air Force inventory.
Recommendations for changes to existing legislation required to implement mitigation actions.
An assessment of the authorization levels of government civilian and contractor support required for sufficiency of remotely piloted aircraft career field manning.
A description and associated timeline of actions the Air Force will take to increase remotely piloted aircraft career field manpower authorizations and manning levels to at least the equal of the normative levels of manning and readiness of all other combat aircraft career fields.
A description of any other matters concerning remotely piloted aircraft career field manning levels the Secretary of the Air Force determines to be appropriate.
Form
The report required under paragraph (1) may be submitted in classified form, but shall also contain an unclassified executive summary and may contain an unclassified annex.
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 this subsection in lieu of including such information in the report.
Other Matters
Financial Literacy and Preparedness of Members of the Armed Forces
Improvement of financial literacy and preparedness of members of the Armed Forces
In general
Section 992 of title 10, United States Code, is amended—
in subsection (a)—
in the subsection heading, by striking consumer education
and inserting financial literacy training
;
in paragraph (1), by striking education
in the matter preceding subparagraph (A) and inserting financial literacy training
;
in paragraph (2)—
in the matter preceding subparagraph (A), by striking as
;
in subparagraph (A)—
by inserting as
before a component
;
by striking orientation
; and
by striking and
after the semicolon;
by redesignating subparagraph (B) as subparagraph (J); and
by inserting after subparagraph (A) the following new subparagraphs:
upon arrival at the first duty station;
upon arrival at each duty station following the first duty station in the case of each member in pay grade E–4 or below or in pay grade O–3 or below;
on the date of promotion, in the case of each member in pay grade E–5 or below or in pay grade O–4 or below;
when the member vests in the Thrift Savings Plan (TSP);
at each major life event during the member’s service, such as—
marriage;
divorce;
birth of first child; or
disabling sickness or condition;
during leadership training;
during pre-deployment training and during post-deployment training;
at transition points in military service, such as—
transition from a regular component to a reserve component;
separation from service; or
retirement; and
; and
in subparagraph (J), as redesignated by clause (iii), by inserting as
before a component
;
in paragraph (3), by striking (2)(B)
and inserting (2)(J)
; and
by adding at the end the following new paragraph:
The Secretary concerned shall prescribe regulations setting forth any additional events and circumstances (other than those described in paragraph (2)) for which the Secretary determines that training under this subsection shall be required.
.
Financial literacy and preparedness survey
Such section is further amended—
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following new subsection (d):
Financial literacy and preparedness survey
The Director of the Defense Manpower Data Center shall annually include in the status of forces survey a survey of the status of the financial literacy and preparedness of members of the armed forces.
The results of the annual financial literacy and preparedness survey—
shall be used by each of the Secretaries concerned as a benchmark to evaluate and update training provided under this section; and
shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives.
.
Additional financial services covered by literacy training
Subsection (e) of such section, as redesignated by subsection (b)(1) of this section, is amended by adding at the end the following new paragraph:
Health insurance, budget management, Thrift Savings Plan (TSP), retirement lump sum payments (including rollover options and tax consequences), and Survivor Benefit Plan (SBP).
.
Conforming and clerical amendments
Section heading
The heading of such section is amended to read as follows:
Financial literacy training: financial services
.
Table of sections
The table of sections at the beginning of chapter 50 of such title is amended by striking the item related to section 992 and inserting the following new item:
992. Financial literacy training: financial services.
.
Financial literacy training with respect to certain financial services for members of the uniformed services
In general
The Secretary concerned shall provide the financial literacy training under section 992 of title 10, United States Code, for the financial services described in paragraph (4) of section 992(e) of such title (as amended and added by section 581 of this Act) to members of the uniformed services under the jurisdiction of such Secretary commencing not later than six months after the date of the enactment of this Act.
Definitions
In this section, the terms uniformed services and Secretary concerned have the meaning given such terms in section 101(a) of title 10, United States Code.
Sense of Congress on financial literacy and preparedness of members of the Armed Forces
It is the sense of Congress that—
the Secretary of Defense should strengthen arrangements with other departments and agencies of the Federal Government, as well as with nonprofit organizations, in order to improve the financial literacy and preparedness of members of the Armed Forces; and
the Chairman of the Joint Chiefs of Staff and the Chiefs of Staff of the Armed Forces should provide support for the financial literacy and preparedness training carried out under section 992 of title 10, United States Code (as amended by section 581 of this Act).
Other Matters
Authority for applications for correction of military records to be initiated by the Secretary concerned
Section 1552(b) of title 10, United States Code, is amended—
by striking or his heir or legal representative
and inserting (or the claimant’s heir or legal representative) or the Secretary concerned
; and
by striking he discovers
and inserting discovering
.
Recordation of obligations for installment payments of incentive pays, allowances, and similar benefits when payment is due
In general
Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section:
Recordation of installment payment obligations for incentive pays and similar benefits
In general
In the case of any pay, allowance, bonus, or other benefit described in subsection (b) that is paid to a member of the uniformed services on an installment basis, each installment payment shall be charged to appropriations that are available for obligation at the time such payment is payable.
Covered pay and benefits
Subsection (a) applies to any incentive pay, special pay, or bonus, or similar periodic payment of pay or allowances, or of educational benefits or stipends, that is paid to a member of the uniformed services under this title or title 10.
.
Clerical amendment
The table of sections at the beginning of chapter 19 of such title is amended by adding at the end the following new item:
1015. Recordation of installment payment obligations for incentive pays and similar benefits.
.
Enhancements to Yellow Ribbon Reintegration Program
Scope and purpose
Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended—
in subsection (a), by striking combat veteran
; and
in subsection (b), by striking informational events and activities
and inserting information, events, and activities
.
Eligibility
Such section is further amended—
in subsection (a), by striking National Guard and Reserve members and their families
and inserting eligible individuals
;
in subsection (b), by striking members of the reserve components of the Armed Forces, their families,
and inserting eligible individuals
;
in subsection (d)(2)(C), by striking members of the Armed Forces and their families
and inserting eligible individuals
;
in subsection (h), in the matter preceding paragraph (1)—
by striking members of the Armed Forces and their family members
and inserting eligible individuals
; and
by striking such members and their family members
and inserting such eligible individuals
;
in subsection (j), by striking members of the Armed Forces and their families
and inserting eligible individuals
;
in subsection (k), by striking individual members of the Armed Forces and their families
and inserting eligible individuals
; and
by adding at the end the following new subsection:
Eligible individuals
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.
.
Office for Reintegration Programs
Oversight of Yellow Ribbon Reintegration Program
Paragraph (1)(A) of subsection (d) of such section is amended by striking the second and third sentence and inserting The office shall exercise oversight over the Yellow Ribbon Reintegration Program, and shall be responsible for coordination with State National Guard and Reserve organizations, including existing family and support programs.
.
Partnerships to provide quality of life services
Paragraph (1)(B) of such subsection is amended by striking substance abuse and mental health treatment services
and inserting substance abuse, mental health treatment, and other quality of life services
.
Grant authority
Such subsection is further amended by adding at the end the following new paragraph:
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.
.
Coordination with Coast Guard Reserve
Such section is further amended—
in subsection (d)(1)(A), by striking and Air Force Reserve
and inserting Air Force Reserve, and Coast Guard Reserve
; and
in subsection (e)(1), by striking and Air Force Reserve
and inserting Air Force Reserve, and Coast Guard Reserve
.
Due date of advisory board annual report
Subsection (e)(4) of such section is amended by striking March
and inserting April
.
Support teams
Subsection (f) of such section is amended—
in the matter preceding paragraph (1), by striking administer the Yellow Ribbon Reintegration Program at the State level
and inserting support and assist State National Guard and Reserve organization reintegration efforts
; and
by amending paragraph (1) to read as follows:
to provide reintegration curriculum and information;
.
Operation of program
Enhanced flexibility
Subsection (g) of such section is amended to read as follows:
Operation of program
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.
Focus of information, events, and activities
Before activation, mobilization, or deployment
Before such a period, 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.
During activation, mobilization, or deployment
During such a period, the information, events, and activities described in paragraph (1) should focus on—
helping eligible individuals cope with the challenges and stress associated with such period;
decreasing the isolation of eligible individuals during such period; and
preparing eligible individuals for the challenges associated with reintegration.
After activation, mobilization, or deployment
After such a period, the information, events, and activities described in paragraph (1) should focus on—
reconnecting the member with their families, friends, and communities;
providing information on employment opportunities;
helping eligible individuals deal with the challenges of reintegration;
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
providing a forum for addressing negative behaviors related to operational stress and reintegration.
Member pay
Members shall receive appropriate pay for days spent attending such events and activities.
Minimum number of events and activities
State National Guard and Reserve organizations shall provide to eligible individuals—
one event or activity before a period of activation, mobilization, or deployment;
one event or activity during a period of activation, mobilization, or deployment; and
two events or activities after a period of activation, mobilization, or deployment.
.
Conforming amendments
Such section is further amended—
in subsection (a), by striking throughout the entire deployment cycle
;
in subsection (b)—
in the subsection heading, by striking ; Deployment Cycle
; and
by striking well-being through the 4 phases
through the end of the subsection and inserting well-being.
;
in subsection (d)(2)(C), by striking throughout the deployment cycle described in subsection (g)
; and
in subsection (f), by striking State Deployment Cycle
in the subsection heading.
Additional permitted outreach service
Subsection (h) of such section is amended by adding at the end the following new paragraph:
Stress management and positive coping skills.
.
Support of department-Wide suicide prevention efforts
Such section is further amended by inserting after subsection (h) the following new subsection:
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 respect to suicide prevention and community response programs.
.
Technical amendments
Such section is further amended—
in subsection (d)(1)(B), by striking Substance Abuse and the Mental Health Services Administration
and inserting Substance Abuse and Mental Health Services Administration
; and
in subsection (e)(3)(C), by striking Office of Reintegration Programs
and inserting Office for Reintegration Programs
.
Priority processing of applications for Transportation Worker Identification Credentials for members undergoing discharge or release from the Armed Forces
Priority processing
The Secretary of Defense shall consult with the Secretary of Homeland Security to afford a priority in the processing of applications for a Transportation Worker Identification Credential (TWIC) to applications submitted by members of the Armed Forces who are undergoing separation, discharge, or release from the Armed Forces under honorable conditions, with such priority to provide for the review and adjudication of such an application by not later than 14 days after submittal, unless an appeal or waiver applies or further application documentation is necessary. The priority shall be so afforded commencing not later than 180 days after the date of the enactment of this Act to members who undergo separation, discharge, or release from the Armed Forces after the date on which the priority so commences being afforded.
Memorandum of understanding
The Secretary of Defense and the Secretary of Homeland Security shall enter into a memorandum of understanding in connection with achieving the requirement in subsection (a).
Report
Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall jointly submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the requirements of this section. The report shall set forth the following:
The memorandum of understanding required pursuant to subsection (b).
A description of the number of individuals who applied for, and the number of individuals who have been issued, a Transportation Worker Identification Credential pursuant to the memorandum of understanding as of the date of the report.
If any applications for a Transportation Worker Identification Credential covered by paragraph (2) were not reviewed and adjudicated within the deadline specified in subsection (a), a description of the reasons for the failure and of the actions being taken to assure that future applications for a Credential are reviewed and adjudicated within the deadline.
Issuance of Recognition of Service ID Cards to certain members separating from the Armed Forces
Issuance required
In general
The Secretary of Defense shall issue to each covered individual a card that identifies such individual as a veteran and includes a photo of the individual and the name of the individual.
Designation
A card issued under paragraph (1) may be known as a Recognition of Service ID Card
.
Covered individuals
For purposes of this section, a covered individual is an individual who is undergoing discharge or release from the Armed Forces (other than as the result of a punitive discharge adjudicated as part of a sentence at a court-martial after the effective date of this section) on or after the effective date provided for in subsection (e).
Collection of amounts
In general
The Secretary may collect from civilian employees of the Department of Defense and contractor personnel of the Department who are issued a replacement card for a lost or stolen Department of Defense identification card such amount as the Secretary considers appropriate to defray the cost of the issuance of cards under subsection (a), and to implement the issuance of cards without the assignment of additional personnel for that purpose.
Treatment of amounts
The Secretary shall deposit amounts collected under this subsection to the account or accounts providing funds for the issuance of cards under subsection (a).
Recognition of Service ID Cards for reduced prices of services, consumer products, and pharmaceuticals
The Secretary of Defense may work with national retail chains that offer reduced prices on services, consumer products, and pharmaceuticals to veterans to ensure that such retail chains recognize cards issued under subsection (a) for purposes of offering reduced prices on services, consumer products, and pharmaceuticals.
Effective date
This section shall take effect on the date that is one year after the date of the enactment of this Act.
Revised policy on network services for military services
Establishment of policy
It is the policy of the United States that the Secretary of Defense shall minimize and reduce, to the maximum extent practicable, the number of uniformed military personnel providing network services to military installations within the United States.
Prohibition
Except as provided in subsection (c), each military service shall be prohibited from using uniform military personnel to provide network services to military installations within the United States 2 years after the date of the enactment of this Act.
Exception
Nothing in subsection (b) shall be construed as prohibiting the use of military personnel providing network services in support of combatant commands, special operations, the intelligence community, or the United States Cyber Command, including training for these organizations.
Waiver
The Secretary of Defense or the Chief Information Officer may waive the prohibition in subsection (b) if necessary for the safety of human life, protection of property, or providing network services in support of a combat operation.
Report
In general
Not later than March 30, 2016, the Chief Information Officer shall submit to the congressional defense committees a plan for the transition of the current performance of network services from military personnel to other means.
Elements
The report required under paragraph (1) shall include the following elements:
An assessment of the costs of using military personnel versus other means to provide network services for the military services.
An estimate of the savings of transitioning the current performance of network services from military personnel to other means.
An estimate of the number of military personnel that could be reallocated for military-unique missions.
Validation of cost and savings estimates
The report required under subsection (e) shall be validated by the Director of Cost Assessment and Program Evaluation.
Increase in number of days of active duty required to be performed by reserve component members for duty to be considered Federal service for purposes of unemployment compensation for ex-servicemembers
Increase of number of days
Section 8521(a)(1) of title 5, United States Code, is amended by striking 90 days
in the matter preceding subparagraph (A) and inserting 180 days
.
Effective date
The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of Federal service commencing on or after that date.
Improved enumeration of members of the Armed Forces in any tabulation of total population by Secretary of Commerce
In general
Section 141 of title 13, United States Code, is amended—
by redesignating subsection (g) as subsection (h); and
by inserting after subsection (f) the following:
Effective beginning with the 2020 decennial census of population, in taking any tabulation of total population by States, the Secretary shall take appropriate measures to ensure, to the maximum extent practicable, that all members of the Armed Forces deployed abroad on the date of taking such tabulation are—
fully and accurately counted; and
properly attributed to the State in which their permanent duty station or homeport is located on such date.
.
Construction
The amendments made by subsection (a) shall not be construed to affect the residency status of any member of the Armed Forces under any provision of law other than title 13, United States Code.
Compensation and Other Personnel Benefits
Pay and Allowances
Fiscal year 2016 increase in military basic pay
Waiver of section 1009 adjustment
The adjustment to become effective during fiscal year 2016 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
Increase in basic pay
Effective on January 1, 2016, the rates of monthly basic pay for members of the uniformed services are increased by 1.3 percent for enlisted member pay grades, warrant officer pay grades, and commissioned officer pay grades below pay grade O–7.
Application of Executive Schedule Level II ceiling on payable rates for general and flag officers
Section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 during calendar year 2016 by using the rate of pay for level II of the Executive Schedule in effect during 2014.
Modification of percentage of national average monthly cost of housing usable in computation of basic allowance for housing inside the United States
Modification of percentage usable
Section 403(b)(3)(B) of title 37, United States Code, is amended by striking one percent
and inserting five percent
.
Effective date
The amendment made by subsection (a) shall take effect on January 1, 2016, and shall apply with respect to computations of monthly amounts of basic allowance for housing inside the United States that occur for years beginning on or after that date.
Extension of authority to provide temporary increase in rates of basic allowance for housing
Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2015
and inserting December 31, 2016
.
Basic allowance for housing for married members of the uniformed services assigned for duty within normal commuting distance and for other members living together
BAH for married members assigned for duty within normal commuting distance
Section 403 of title 37, United States Code, is amended by adding at the end the following new subsection:
Single allowance for married members assigned for duty within normal commuting distance
In the event two members of the uniformed services entitled to receive a basic allowance for housing under this section are married to one another and are each assigned for duty within normal commuting distance, basic allowance for housing under this section shall be paid only to the member having the higher pay grade, or to the member having rank in grade if both members have the same pay grade, and at the rate payable for a member of such pay grade with dependents (regardless of whether or not such members have dependents).
.
BAH for other members living together
Such section is further amended by adding at the end the following new subsection:
Reduced allowance for members living together
In the event two or more members of the uniformed services who are entitled to receive a basic allowance for housing under this section live together, basic allowance for housing under this section shall be paid to each such member at the rate as follows:
In the case of such a member in a pay grade below pay grade E–4, the rate otherwise payable to such member under this section.
In the case of such a member in a pay grade above pay grade E–3, the rate equal to the greater of—
75 percent of the rate otherwise payable to such member under this section; or
the rate payable for a member in pay grade E–4 without dependents.
This subsection does not apply to members covered by subsection (p).
.
Effective date
In general
The amendments made by this section shall take effect on October 1, 2015, and shall, except as provided in paragraph (2), apply with respect to allowances for basic housing payable for months beginning on or after that date.
Preservation of current BAH for members with uninterrupted eligibility for BAH
Notwithstanding any amendment made by this section, the monthly amount of basic allowance for housing payable to a member of the uniformed services under section 403 of title 37, United States Code, as of September 30, 2015, shall not be reduced by reason of such amendment so long as the member retains uninterrupted eligibility for such basic allowance for housing within an area of the United States or within an overseas location (as applicable).
Preservation of current bah for certain other married members
Notwithstanding paragraph (1), the amount of basic allowance for housing payable to a member of the uniformed services under section 403 of title 37, United States Code, as of September 30, 2015, shall not be reduced by reason of the amendment made by subsection (a) unless—
the member and the member's spouse undergo a permanent change of station requiring a change of residence;
the member and the member's spouse move into or commence living in on-base housing;
Repeal of inapplicability of modification of basic allowance for housing to benefits under the laws administered by the Secretary of Veterans Affairs
Repeal
Subsection (b) of section 604 of the Carl Levin and Howard P. Buck
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) is repealed.
Effective date
The amendment made by subsection (a) shall take effect on January 1, 2016.
Limitation on eligibility for supplemental subsistence allowances to members serving outside the United States and associated territory
Section 402a(b) of title 37, United States Code, is amended—
in paragraph (1), by inserting and paragraph (4)
after subsection (d)
; and
by adding at the end the following new paragraph:
After September 30, 2016, a member is eligible for a supplemental subsistence allowance under this section only if the member is serving outside the United States, the Commonwealth of Puerto Rico, the United States Virgin Islands, or Guam.
.
Availability of information
In administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the Secretary of Agriculture shall ensure that any safeguards that prevent the use or disclosure of information obtained from applicant households shall not prevent the use of that information by, or the disclosure of that information to, the Secretary of Defense for purposes of determining the number of applicant households that contain one or more members of a regular component or reserve component of the Armed Forces.
Bonuses and Special and Incentive Pays
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
:
Section 308b(g), relating to Selected Reserve reenlistment bonus.
Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.
Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
One-year extension of certain bonus and special pay authorities for health care professionals
Title 10 authorities
The following sections of title 10, United States Code, are amended by striking December 31, 2015
and inserting December 31, 2016
:
Section 2130a(a)(1), relating to nurse officer candidate accession program.
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
Title 37 authorities
The following sections of title 37, United States Code, are amended by striking December 31, 2015
and inserting December 31, 2016
:
Section 302c–1(f), relating to accession and retention bonuses for psychologists.
Section 302d(a)(1), relating to accession bonus for registered nurses.
Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
Section 302h(a)(1), relating to accession bonus for dental officers.
Section 302j(a), relating to accession bonus for pharmacy officers.
Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
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
:
Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
Section 312b(c), relating to nuclear career accession bonus.
Section 312c(d), relating to nuclear career annual incentive bonus.
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
:
Section 331(h), relating to general bonus authority for enlisted members.
Section 332(g), relating to general bonus authority for officers.
Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps.
Section 351(h), relating to hazardous duty pay.
Section 352(g), relating to assignment pay or special duty pay.
Section 353(i), relating to skill incentive pay or proficiency bonus.
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
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
:
Section 301b(a), relating to aviation officer retention bonus.
Section 307a(g), relating to assignment incentive pay.
Section 308(g), relating to reenlistment bonus for active members.
Section 309(e), relating to enlistment bonus.
Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.
Section 324(g), relating to accession bonus for new officers in critical skills.
Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
Section 327(h), relating to incentive bonus for transfer between Armed Forces.
Section 330(f), relating to accession bonus for officer candidates.
Increase in maximum annual amount of nuclear officer bonus pay
Increase
Section 333(d)(1)(A) of title 37, United States Code, is amended by striking $35,000
and inserting $50,000
.
Effective date
The amendment made by subsection (a) shall take effect on January 1, 2016, and shall apply with respect to agreements entered into under section 333 of title 37, United States Code, on or after that date.
Repeal of obsolete authority to pay bonus to encourage Army personnel to refer persons for enlistment in the Army
Repeal
Section 3252 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 333 of such title is amended by striking the item relating to section 3252.
Travel and Transportation Allowances
Repeal of obsolete special travel and transportation allowance for survivors of deceased members from the Vietnam conflict
Section 481f of title 37, United States Code, is amended by striking subsection (d).
Study and report on policy changes to the Joint Travel Regulations
Study
The Comptroller General of the United States shall conduct a study on the impact of the policy changes to the Joint Travel Regulations for the Uniformed Service Members and Department of Defense Civilian Employees related to flat rate per diem for long term temporary duty travel that took effect on November 1, 2014. The study shall assess the following:
The impact of such changes on shipyard workers who travel on long-term temporary duty assignments.
Whether such changes have discouraged employees of the Department of Defense, including civilian employees at shipyards and depots, from volunteering for important temporary duty travel assignments.
Report
Not later than June 1, 2016, the Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study required by subsection (a).
Transportation to transfer ceremonies for family and next of kin of members of the Armed Forces who die overseas during humanitarian operations
Section 481f(e)(1) of title 37, United States Code, is amended by inserting (including during a humanitarian relief operation)
after located or serving overseas
.
Policies of the Department of Defense on travel of next of kin to participate in the dignified transfer of remains of members of the Armed Forces and civilian employees of the Department of Defense who die overseas
Review of policies
In general
The Secretary of Defense shall carry out a review of the current policies of the Department of Defense on the travel for next of kin to participate in the dignified transfer of remains of members of the Armed Forces and civilian employees of the Department who die overseas.
Elements
The review required by this subsection shall include the following:
An assessment of the changes to Department instructions and Federal regulations necessary to provide Government funded travel to the next of kin to participate in the dignified transfer of remains of members of the Armed Forces and civilian employees of the Department who die overseas, regardless whether the death occurred in a combat area or a non-combat area.
An action plan and timeline for making the changes described in subparagraph (A).
Modification of policies
In general
Except as provided in paragraph (2), not later than February 1, 2016, the Secretary of Defense shall take appropriate actions to modify the policies of the Department in order to provide Government funded travel for the next of kin to participate in the dignified transfer of remains of members of the Armed Forces and civilian employees of the Department of Defense who die overseas, regardless whether the death occurs in a combat area or a non-combat area.
Exception
The Secretary is not required to modify the policies of the Department as described in paragraph (1) if, by not later than March, 1, 2016, the Secretary certifies, in writing, to the congressional defense committees that such action is not in the best interest of the United States. The certification shall include the following:
An assessment and reevaluation by the Secretary of the rational for excluding the next of kin from Government funded travel if the death of a member of the Armed Forces or civilian employee of the Department overseas occurs in a non-combat area.
Recommendations for alternative plans to ensure that the next of kin of members of the Armed Forces and civilian employees of the Department who die overseas in a non-combat area may participate in the dignified transfer of the remains of the deceased at Dover Port Mortuary, including through the actions of appropriate non-governmental organizations.
Disability Pay, Retired Pay, and Survivor Benefits
Retired Pay Reform
Thrift Savings Plan participation for members of the uniformed services
Modernized retirement system
Section 8440e of title 5, United States Code, is amended by striking subsection (e) and inserting the following:
Modernized retirement system
TSP contributions
The Secretary concerned shall make contributions to the Thrift Savings Fund, in accordance with section 8432, except to the extent the requirements under such section are modified by this subsection, for the benefit of a member who—
first enters a uniformed service on or after January 1, 2018; or
makes an election described in section 1409(b)(4)(B) or 12739(f) of title 10.
Maximum amount
The amount contributed under this subsection by the Secretary concerned for the benefit of a member described in paragraph (1) for any pay period shall be not more than 5 percent of such member’s basic pay for such pay period.
Timing and duration of contributions
Automatic contributions
The Secretary concerned shall make a contribution described in section 8432(c)(1) under this subsection for the benefit of a member described in paragraph (1) for any pay period during the period that—
begins on or after the day that is 60 days after the date the member first enters a uniformed service; and
ends on the day such member completes 20 years of service as a member of the uniformed services.
Matching contributions
The Secretary concerned shall make a contribution described in section 8432(c)(2) under this subsection for the benefit of a member described in paragraph (1) for any pay period during the period that—
begins on or after the day that is 2 years and 1 day after the date the member first enters a uniformed service; and
ends on the day such member completes 20 years of service as a member of the uniformed services.
Protections for spouses and former spouses
Section 8435 shall apply to a member described in paragraph (1) in the same manner as such section is applied to an employee or Member under such section.
Definition of Secretary concerned
In this subsection the term Secretary concerned has the meaning given the term in section 101 of title 37.
.
Automatic enrollment in TSP
Section 8432(b)(2) of title 5, United States Code, is amended—
in subparagraph (D)(ii)—
by striking (ii) Members
and inserting (ii)(I) Except as provided in subclause (II), members
; and
by adding at the end the following:
A member described in section 8440e(e)(1) shall be an eligible individual for purposes of this paragraph.
; and
by adding at the end the following:
Notwithstanding any other provision of this paragraph, a member described in section 8440e(e)(1) who has declined automatic enrollment into the Thrift Savings Plan shall be automatically reenrolled, on January 1 of the year succeeding the year for which the determination is made, to make contributions under subsection (a) at the default percentage of basic pay.
In this paragraph the term member has the meaning given the term in section 211 of title 37.
.
Vesting
Section 8432(g) of title 5, United States Code, is amended—
in paragraph (2)—
in subparagraph (A)(iii), by striking or
after the semicolon;
in subparagraph (B), by striking the period and inserting ; or
; and
by adding at the end the following:
2 years of service in the case of a member of the uniformed services.
; and
by adding at the end the following:
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.
.
Thrift Savings Plan default investment fund
Section 8438(c)(2) of title 5, United States Code, as amended by section 2(a) of the Smarter Savings Act (Public Law 113–255), is amended—
in subparagraph (A), by striking (A) Consistent with the requirements of subparagraph (B), if an
and inserting If an
; and
by striking subparagraph (B).
Conforming amendments
Section 211 of title 37, United States Code, is amended—
by striking subsection (d); and
by redesignating subsection (e) as subsection (d).
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)
.
Actions To assure implementation by effective date
In general
The Secretaries concerned, the Director of the Office of Personnel Management, and the Federal Retirement Thrift Investment Board shall each and jointly take appropriate actions to ensure the full and effective commencement of the implementation of the amendments made by this section as of January 1, 2018.
Secretary concerned defined
In this subsection, the term Secretary concerned has the meaning given that term in section 101 of title 37, United States Code.
Effective dates
Modernized retirement system
The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
Other amendments
The amendments made by subsections (b) through (e) shall take effect on January 1, 2018.
Modernized retirement system for members of the uniformed services
Modernized retirement system
In general
Section 1409(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Modernized retirement system
Reduced multipliers for members receiving tsp matching contributions
Notwithstanding paragraphs (1), (2), and (3), in the case of a member who first becomes a member of the uniformed services after January 1, 2018, or a member who makes the election described in subparagraph (B)—
subparagraph (A) of paragraph (1) shall be applied by substituting 2
for ‘2½
;
clause (i) of paragraph (3)(B) shall be applied by substituting 60 percent
for 75 percent
; and
subclause (I) of paragraph (3)(B)(ii) shall be applied by substituting 2
for 2½
.
Election to participate in modernized retirement system
Election
A member of a uniformed service serving on January 1, 2018, may elect to accept the reduced multipliers described in subparagraph (A) for purposes of calculating the retired pay of the member.
Effect of election
A member making the election described in clause (i) shall—
have the retired pay of the member calculated using the reduced multipliers described in subparagraph (A);
receive Thrift Savings Plan (TSP) matching contributions pursuant to section 8440e(e) of title 5 for periods of service between the completion of 2 years of service and the completion of 20 years of service in accordance with paragraph (3)(B) of such section; and
be eligible for lump sum payments under section 1415 of this title.
Election period
In general
Except as provided in subclauses (II) and (III), a member of a uniformed service may make the election described in clause (i) during the period that begins on July 1, 2018, and ends on December 31, 2018.
Hardship extension
The Secretary concerned may extend the election period described in subclause (I) for a member who experiences a hardship as determined by the Secretary concerned.
Members experiencing break in service
A member of a uniformed service returning to service after a break in service in which falls the election period specified in subclause (I) shall make the election described in clause (i) on the date of the reentry into service of the member.
No retroactive matching contributions pursuant to election
Thrift Savings Plan matching contributions may not be made for a member under this subparagraph for any pay period beginning before the date of the member's election under clause (i).
Regulations
Each Secretary concerned shall prescribe regulations to implement this paragraph.
.
Non-regular service
Section 12739 of such title is amended by adding at the end the following new subsection:
Modernized retirement system
Reduced multipliers for persons receiving TSP matching contributions
In the case of a person who first performs reserve component service after January 1, 2018, after not having performed regular or reserve component service on or before that date, or a person who makes the election described in paragraph (2)—
paragraph (2) of subsection (a) shall be applied by substituting 2 percent
for 2½ percent
;
subparagraph (A) of subsection (c)(2) shall be applied by substituting 60 percent
for 75 percent
; and
clause (ii) of subsection (c)(2)(B) shall be applied by substituting 2 percent
for 2½ percent
.
Election to participate in modernized retirement system
Election
A person performing reserve component service on January 1, 2018, may elect to accept the reduced multipliers described in paragraph (1) for purposes of calculating the retired pay of the person.
Effect of election
A person making the election described in subparagraph (A) shall—
have the retired pay of the person calculated using the reduced multipliers described in paragraph (1):
receive Thrift Savings Plan (TSP) matching contributions pursuant to section 8440e(e) of title 5 for periods of service between the completion of 2 years of service and the completion of 20 years of service in accordance with paragraph (3)(B) of such section; and
be eligible for lump sum payments under section 1415 of this title.
Election period
In general
Except as provided in clauses (ii) and (iii), a person performing reserve component service may make the election described in subparagraph (A) during the period that begins on July 1, 2018, and ends on December 31, 2018.
Hardship extension
The Secretary concerned may extend the election period described in clause (i) for a person who experiences a hardship as determined by the Secretary concerned.
Persons experiencing break in service
A person returning to reserve component service after a break in reserve component service in which falls the election period specified in clause (i) shall make the election described in subparagraph (A) on the date of the reentry into service of the person.
No retroactive matching contributions pursuant to election
Thrift Savings Plan matching contributions may not be made for a person under this paragraph for any pay period beginning before the date of the person's election under subparagraph (A).
Regulations
Each Secretary concerned shall prescribe regulations to implement this subsection.
.
Coordinating amendments to other retirement authorities
Disability, warrant officers, and DOPMA retired pay
Computation of retired pay
The table in section 1401(a) of title 10, United States Code, is amended—
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
;
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
in column 2 of each of formula number 4 and formula number 5, by striking section 1409(a)
and inserting section 1409
.
Clarification regarding modernized retirement system
Section 1401a(b) of such title is amended—
by redesignating paragraph (5) as paragraph (6); and
by inserting after paragraph (4) the following new paragraph (5):
Adjustments for participants in modernized retirement system
Notwithstanding paragraph (3), if a 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).
.
National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002
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:
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.
.
Title 37, United States Code
15-year career status bonus repayment
Subsection (f) of section 354 of title 37, United States Code, is amended—
by striking If a
and inserting (1) If a
; and
by adding at the end the following new paragraph:
If a person who is paid a bonus under this section subsequently makes an election described in section 1409(b)(4) or 12739(f) 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.
.
Sunset and continuation of payments
Such section 354 is further amended by adding at the end the following new subsection:
Sunset and continuation of payments
A Secretary concerned may not pay a new bonus under this section after December 31, 2017.
Subject to subsection (f)(2), the Secretary concerned may continue to make payments after December 31, 2017, for bonuses that were awarded under this section on or before that date.
.
Public Health Service Act
Paragraph (4) of section 211(a) of the Public Health Service Act (42 U.S.C. 212) is amended—
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
in the matter following subparagraph (B)(iii)—
in subparagraph (C), by striking such pay, and
and inserting such pay,
; and
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 and subparagraph (D) shall be applied by substituting 60 per centum
for 75 per centum
.
Effective dates
Modernized retirement systems
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.
Coordinating amendments
In general
Except as provided in subparagraph (B), the amendments made by subsection (b) shall take effect on January 1, 2018.
Title 37 amendments
The amendments made by paragraph (3) of subsection (b) shall take effect on the date of the enactment of this Act.
Lump sum payments of certain retired pay
Lump sum payments of certain retired pay
In general
Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section:
Lump sum payment of certain retired pay
Definitions
In this section:
Covered retired pay
The term covered retired pay means retired pay under—
this title;
title 14;
the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.); or
the Public Health Service Act (42 U.S.C. 201 et seq.).
Eligible person
The term eligible person means a person who—
first becomes a member of a uniformed service on or after January 1, 2018; or
makes the election described in section 1409(b)(4) or 12739(f) of this title; and
does not retire or separate under chapter 61 of this title.
Retirement age
The term retirement age has the meaning given the term in section 216(l) of the Social Security Act (42 U.S.C. 416(l)).
Election of lump sum payment of certain retired pay
In general
An eligible person entitled to covered retired pay (including an eligible person who is entitled to such pay by reason of an election described in subsection (a)(2)(A)(ii)) may elect—
to receive a lump sum payment of the discounted present value at the time of the election of the amount of the covered retired pay that the eligible person is otherwise entitled to receive for the period beginning on the date of retirement and ending on the date the eligible person attains the eligible person’s retirement age; or
to receive—
a lump sum payment of an amount equal to 50 percent of the amount otherwise receivable by the eligible person pursuant to subparagraph (A); and
a monthly amount during the period described in subparagraph (A) equal to 50 percent of the amount of monthly covered retired pay the eligible person is otherwise entitled to receive during such period.
Discounted present value
The Secretary of Defense shall compute the discounted present value of amounts of covered retired pay that an eligible person is otherwise entitled to receive for a period for purposes of paragraph (1)(A) by—
estimating the aggregate amount of retired pay the person would receive for the period, taking into account cost-of-living adjustments under section 1401a of this title projected by the Secretary at the time the person separates from service and would otherwise begin receiving covered retired pay; and
reducing the aggregate amount estimated pursuant to subparagraph (A) by an appropriate percentage determined by the Secretary—
using average personal discount rates (as defined and calculated by the Secretary taking into consideration applicable and reputable studies of personal discount rates for military personnel and past actuarial experience in the calculation of personal discount rates under this paragraph); and
in accordance with generally accepted actuarial principles and practices.
Timing of election
An eligible person shall make the election under this subsection not later than 90 days before the date of the retirement of the eligible person from the uniformed services.
Single payment or combination of payments
An eligible person may elect to receive a lump sum payment under this subsection in a single payment or in a combination of payments.
Commencement of payment
An eligible person who makes an election under this subsection shall receive the lump sum payment, or the first installment of a combination of payments of the lump sum payment if elected under paragraph (4), as follows:
Not later than 60 days after the date of the retirement of the eligible person from the uniformed services.
In the case of an eligible person who is a member of a reserve component, not later than 60 days after the later of—
the date on which the eligible person attains 60 years of age; or
the date on which the eligible person first becomes entitled to covered retired pay.
No subsequent adjustment
An eligible person who accepts payment of a lump sum under this subsection may not seek the review of or otherwise challenge the amount of the lump sum in light of any variation in cost-of-living adjustments under section 1401a of this title, actuarial assumptions, or other factors used by the Secretary in calculating the amount of the lump sum that occur after the Secretary pays the lump sum.
Resumption of monthly annuity
General rule
Subject to paragraph (2), an eligible person who makes an election described in subsection (b) shall be entitled to receive the eligible person’s monthly covered retired pay calculated in accordance with paragraph (2) after the eligible person attains the eligible person’s retirement age.
Restoration of full retirement amount at retirement age
The retired pay of an eligible person who makes an election described in subsection (a) shall be recomputed, effective on the first day of the first month beginning after the person attains the eligible person’s retirement age, so as to be an amount equal to the amount of covered retired pay to which the eligible person would otherwise be entitled on that date if the annual increases, in the retired pay of the eligible person made to reflect changes in the Consumer Price Index, had been made in accordance with section 1401a of this title.
Payment of retired pay to persons not making election
An eligible person who does not make the election described in subsection (b) shall be paid the retired pay to which the eligible person is otherwise entitled under the applicable provisions of law referred to in subsection (a)(1).
Regulations
The Secretary of Defense concerned shall prescribe regulations to carry out the provisions of this section.
.
Clerical amendment
The table of sections at the beginning of chapter 71 of such title is amended by adding at the end the following new item:
1415. Lump sum payment of certain retired pay.
.
Payments from Department of Defense Military Retirement Fund
Section 1463(a)(1) of title 10, United States Code, is amended by striking or 1414
and inserting , 1414, or 1415
.
Offset of veterans pension and compensation by amount of lump sum payments
Section 5304 of title 38, United States Code, is amended by adding at the end the following new subsection:
Other than amounts payable under section 1413a or 1414 of title 10, the amount of pension and compensation benefits payable to a person under this title shall be reduced by the amount of any lump sum payment made to such person under section 1415 of title 10.
The Secretary shall collect any reduction under paragraph (1) from amounts otherwise payable to the person under this title, including pension and compensation payable under this title, before any pension and compensation payments under this title may be paid to the person.
.
Continuation pay after 12 years of service for members of the uniformed services participating in the modernized retirement systems
Continuation pay
In general
Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new sections:
Continuation pay after 12 years of service: members participating in modernized retirement systems
Continuation pay
In general
The Secretary concerned shall make a payment of continuation pay to each member of the uniformed services under the jurisdiction of the Secretary who—
first becomes a member of a uniformed service after January 1, 2018; or
subject to paragraph (2), makes the election described in section 1409(b)(4) or 12739(f) of title 10; and
after the date on which the member satisfies the applicable requirement in subparagraph (A)—
completes 12 years of service; and
enters into an agreement with the Secretary to serve for an additional 4 years of obligated service.
Eligibility dependent on election before completion of 12 years of service
A member who makes an election described in paragraph (1)(A)(ii) after the member completes 12 years of service is not eligible for continuation pay under this section.
Amount
The amount of continuation pay payable to a member under this section shall be the amount that is equal to—
in the case of a member of a regular component—
the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus
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
in the case of a member of a reserve component—
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
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).
Timing of payment
The Secretary concerned shall pay continuation pay under this section to a member when the member completes 12 years of service.
Lump sum or installments
A member may elect to receive continuation pay under this section in a lump sum or in a series of not more than 4 payments.
Relationship to other pay and allowances
Continuation pay under this section is in addition to any other pay or allowance to which the member is entitled.
Repayment
A member who receives continuation pay under this section and fails to complete the obligated service required under subsection (a)(2)(B)(ii) shall be subject to the repayment provisions of section 373 of this title.
Regulations
Each Secretary concerned shall prescribe regulations to carry out this section.
.
Clerical amendment
The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item:
356. Continuation pay after 12 years of service: members participating in modernized retirement systems.
.
Effective date
The amendments made by subsection (a) shall take effect on January 1, 2018, and shall apply with respect to agreements entered into under section 356 of title 37, United States Code, after that date.
Authority for retirement flexibility for members of the uniformed services
Authority for retirement flexibility
Chapter 63 of title 10, United States Code, is amended by adding at the end the following new item:
Retirement flexibility: authority to modify years of service required for retirement for particular occupational specialities or other groupings
Authority
Notwithstanding any other provision of law, the Secretary concerned may modify the years of service required for an eligible member to retire, to greater than or fewer than 20 years of service, in order to facilitate management actions that shape the personnel profile or correct manpower shortages within an occupational specialty or other grouping of members of the uniformed services.
Eligible member defined
In this section, the term eligible member means a member of the uniformed services working in an occupational specialty or other grouping designated by the Secretary concerned as in need of a management action described in subsection (a).
Notice-and-wait
Notice required
The Secretary concerned shall submit to Congress notice of any proposed modification under subsection (a).
Limitation
The Secretary concerned may not implement a proposed modification under subsection (a) until one year after the day on which the notice of the modification is submitted to Congress under paragraph (1).
Applicability
The Secretary concerned may only modify the required years of service under subsection (a) for an eligible member who first becomes a member of a uniformed service on or after the date of the expiration of the one year period described in subsection (c)(2) that is applicable to the occupational specialty or other grouping in which the eligible member works.
.
Clerical amendment
The table of sections at the beginning of chapter 63 of such title is amended by adding at the end the following new item:
1276. Retirement flexibility: authority to modify years of service required for retirement for particular occupational specialities or other groupings.
.
Other Matters
Death of former spouse beneficiaries and subsequent remarriages under Survivor Benefit Plan
In general
Section 1448(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Effect of death of former spouse beneficiary
Termination of participation in plan
A person who elects to provide an annuity to a former spouse under paragraph (2) or (3) and whose former spouse subsequently dies is no longer a participant in the Plan, effective on the date of death of the former spouse.
Authority for election of new spouse beneficiary
If a person’s participation in the Plan is discontinued by reason of the death of a former spouse beneficiary, the person may elect to resume participation in the Plan and to elect a new spouse beneficiary as follows:
Married on the date of death of former spouse
A person who is married at the time of the death of the former spouse beneficiary may elect to provide coverage to that person’s spouse. Such an election must be received by the Secretary concerned within one year after the date of death of the former spouse beneficiary.
Marriage after death of former spouse beneficiary
A person who is not married at the time of the death of the former spouse beneficiary and who later marries may elect to provide spouse coverage. Such an election must be received by the Secretary concerned within one year after the date on which that person marries.
Effective date of election
The effective date of election under this paragraph shall be as follows:
An election under subparagraph (B)(i) is effective as of the first day of the first calendar month following the death of the former spouse beneficiary.
An election under subparagraph (B)(ii) is effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.
Level of coverage
A person making an election under subparagraph (B) may not reduce the base amount previously elected.
Procedures
An election under this paragraph shall be in writing, signed by the participant, and made in such form and manner as the Secretary concerned may prescribe.
Irrevocability
An election under this paragraph is irrevocable.
.
Effective date
Paragraph (7) of section 1448(b) of title 10, United States Code, as added by subsection (a), shall apply with respect to any person whose former spouse beneficiary dies on or after the date of the enactment of this Act.
Applicability to former spouse deaths before enactment
In general
A person—
who before the date of the enactment of this Act had a former spouse beneficiary under the Survivor Benefit Plan who died before that date; and
who on the date of the enactment of this Act is married,
Effective date of election if married at least a year at death former spouse
If the person providing the annuity was married to the spouse beneficiary for at least one year at the time of the death of the former spouse beneficiary, the effective date of such election shall be the first day of the first month after the death of the former spouse beneficiary.
Other effective date
If the person providing the annuity married the spouse beneficiary after (or during the one-year period preceding) the death of the former spouse beneficiary, the effective date of the election shall be the first day of the first month following the first anniversary of the person’s marriage to the spouse beneficiary.
Responsibility for premiums
A person electing to participate in the Plan under this subsection shall be responsible for payment of all premiums due from the effective date of the election.
Transitional compensation and other benefits for dependents of members of the Armed Forces ineligible to receive retired pay as a result of court-martial sentence
In general
Chapter 53 of title 10, United States Code, is amended by inserting after section 1059 the following new section: