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S. 1356 (114th): National Defense Authorization Act for Fiscal Year 2016

The text of the bill below is as of Oct 6, 2016 (Passed Congress/Enrolled Bill).

Source: GPO

One Hundred Fourteenth Congress of the United States of America

1st Session

S. 1356

IN THE SENATE OF THE UNITED STATES

AN ACT

To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

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

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

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

(4)

Division D—Funding Tables.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

Sec. 5. Explanatory statement.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Prioritization of upgraded UH–60 Blackhawk helicopters within Army National Guard.

Sec. 112. Roadmap for replacement of A/MH–6 Mission Enhanced Little Bird aircraft to meet special operations requirements.

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

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

Subtitle C—Navy Programs

Sec. 121. Modification of CVN–78 class aircraft carrier program.

Sec. 122. Amendment to cost limitation baseline for CVN–78 class aircraft carrier program.

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

Sec. 124. Modification to multiyear procurement authority for Arleigh Burke class destroyers and associated systems.

Sec. 125. Procurement of additional Arleigh Burke class destroyer.

Sec. 126. Refueling and complex overhaul of the U.S.S. George Washington.

Sec. 127. Fleet Replenishment Oiler Program.

Sec. 128. Limitation on availability of funds for U.S.S. John F. Kennedy (CVN–79).

Sec. 129. Limitation on availability of funds for U.S.S. Enterprise (CVN–80).

Sec. 130. Limitation on availability of funds for Littoral Combat Ship.

Sec. 131. Reporting requirement for Ohio-class replacement submarine program.

Subtitle D—Air Force Programs

Sec. 141. Backup inventory status of A–10 aircraft.

Sec. 142. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 143. Prohibition on availability of funds for retirement of EC–130H Compass Call aircraft.

Sec. 144. Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System, EC–130H Compass Call, and Airborne Warning and Control System aircraft.

Sec. 145. Limitation on availability of funds for F–35A aircraft procurement.

Sec. 146. Prohibition on availability of funds for retirement of KC–10 aircraft.

Sec. 147. Limitation on availability of funds for transfer of C–130 aircraft.

Sec. 148. Limitation on availability of funds for executive communications upgrades for C–20 and C–37 aircraft.

Sec. 149. Limitation on availability of funds for T–1A Jayhawk aircraft.

Sec. 150. Notification of retirement of B–1, B–2, and B–52 bomber aircraft.

Sec. 151. Inventory requirement for fighter aircraft of the Air Force.

Sec. 152. Sense of Congress regarding the OCONUS basing of F–35A aircraft.

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

Sec. 161. Limitation on availability of funds for Joint Battle Command–Platform.

Sec. 162. Report on Army and Marine Corps modernization plan for small arms.

Sec. 163. Study on use of different types of enhanced 5.56mm ammunition by the Army and the Marine Corps.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Centers for Science, Technology, and Engineering Partnership.

Sec. 212. 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. 213. Expansion of education partnerships to support technology transfer and transition.

Sec. 214. Improvement to coordination and communication of defense research activities.

Sec. 215. Reauthorization of Global Research Watch program.

Sec. 216. Reauthorization of defense research and development rapid innovation program.

Sec. 217. Science and technology activities to support business systems information technology acquisition programs.

Sec. 218. Department of Defense technology offset program to build and maintain the military technological superiority of the United States.

Sec. 219. Limitation on availability of funds for F–15 infrared search and track capability development.

Sec. 220. Limitation on availability of funds for development of the shallow water combat submersible.

Sec. 221. Limitation on availability of funds for the advanced development and manufacturing facility under the medical countermeasure program.

Sec. 222. Limitation on availability of funds for distributed common ground system of the Army.

Sec. 223. Limitation on availability of funds for distributed common ground system of the United States Special Operations Command.

Sec. 224. Limitation on availability of funds for Integrated Personnel and Pay System of the Army.

Subtitle C—Reports and other matters

Sec. 231. Streamlining the Joint Federated Assurance Center.

Sec. 232. Demonstration of Persistent Close Air Support capabilities.

Sec. 233. Strategies for engagement with Historically Black Colleges and Universities and Minority-serving Institutions of Higher Education.

Sec. 234. Report on commercial-off-the-shelf wide-area surveillance systems for Army tactical unmanned aerial systems.

Sec. 235. Report on Tactical Combat Training System Increment II.

Sec. 236. Report on technology readiness levels of the technologies and capabilities critical to the long-range strike bomber aircraft.

Sec. 237. Assessment of air-land mobile tactical communications and data network requirements and capabilities.

Sec. 238. Study of field failures involving counterfeit electronic parts.

Sec. 239. Airborne data link plan.

Sec. 240. Plan for advanced weapons technology war games.

Sec. 241. Independent assessment of F135 engine program.

Sec. 242. Comptroller General review of autonomic logistics information system for F–35 Lightning II aircraft.

Sec. 243. Sense of Congress regarding facilitation of a high quality technical workforce.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

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

Sec. 312. Southern Sea Otter Military Readiness Areas.

Sec. 313. Modification of energy management reporting requirements.

Sec. 314. Revision to scope of statutorily required review of projects relating to potential obstructions to aviation so as to apply only to energy projects.

Sec. 315. Exclusions from definition of chemical substance under Toxic Substances Control Act.

Subtitle C—Logistics and Sustainment

Sec. 322. Repeal of limitation on authority to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine.

Sec. 323. Pilot programs for availability of working-capital funds for product improvements.

Subtitle D—Reports

Sec. 331. Modification of annual report on prepositioned materiel and equipment.

Sec. 332. Report on merger of Office of Assistant Secretary for Operational Energy Plans and Deputy Under Secretary for Installations and Environment.

Sec. 333. Report on equipment purchased noncompetitively from foreign entities.

Subtitle E—Other Matters

Sec. 341. Prohibition on contracts making payments for honoring members of the Armed Forces at sporting events.

Sec. 342. Military animals: transfer and adoption.

Sec. 343. Temporary authority to extend contracts and leases under the ARMS Initiative.

Sec. 344. Improvements to Department of Defense excess property disposal.

Sec. 345. Limitation on use of funds for Department of Defense sponsorships, advertising, or marketing associated with sports-related organizations or sporting events.

Sec. 346. Reduction in amounts available for Department of Defense headquarters, administrative, and support activities.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2016 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

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

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Reinstatement of enhanced authority for selective early discharge of warrant officers.

Sec. 502. Equitable treatment of junior officers excluded from an all-fully-qualified-officers list because of administrative error.

Sec. 503. Enhanced flexibility for determination of officers to continue on active duty and for selective early retirement and early discharge.

Sec. 504. 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. 505. General rule for warrant officer retirement in highest grade held satisfactorily.

Sec. 506. Implementation of Comptroller General recommendation on the definition and availability of costs associated with general and flag officers and their aides.

Subtitle B—Reserve Component Management

Sec. 511. Continued service in the Ready Reserve by Members of Congress who are also members of the Ready Reserve.

Sec. 512. Clarification of purpose of reserve component special selection boards as limited to correction of error at a mandatory promotion board.

Sec. 513. 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. 514. Temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training.

Sec. 515. Assessment of Military Compensation and Retirement Modernization Commission recommendation regarding consolidation of authorities to order members of reserve components to perform duty.

Subtitle C—General Service Authorities

Sec. 521. Limited authority for Secretary concerned to initiate applications for correction of military records.

Sec. 522. Temporary authority to develop and provide additional recruitment incentives.

Sec. 523. Expansion of authority to conduct pilot programs on career flexibility to enhance retention of members of the Armed Forces.

Sec. 524. Modification of notice and wait requirements for change in ground combat exclusion policy for female members of the Armed Forces.

Sec. 525. Role of Secretary of Defense in development of gender-neutral occupational standards.

Sec. 526. Establishment of process by which members of the Armed Forces may carry an appropriate firearm on a military installation.

Sec. 527. Establishment of breastfeeding policy for the Department of the Army.

Sec. 528. Sense of Congress recognizing the diversity of the members of the Armed Forces.

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

Sec. 531. Enforcement of certain crime victim rights by the Court of Criminal Appeals.

Sec. 532. Department of Defense civilian employee access to Special Victims’ Counsel.

Sec. 533. Authority of Special Victims' Counsel to provide legal consultation and assistance in connection with various Government proceedings.

Sec. 534. Timely notification to victims of sex-related offenses of the availability of assistance from Special Victims’ Counsel.

Sec. 535. Additional improvements to Special Victims’ Counsel program.

Sec. 536. Enhancement of confidentiality of restricted reporting of sexual assault in the military.

Sec. 537. Modification of deadline for establishment of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 538. Improved Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces.

Sec. 539. Preventing retaliation against members of the Armed Forces who report or intervene on behalf of the victim of an alleged sex-related offence.

Sec. 540. Sexual assault prevention and response training for administrators and instructors of Senior Reserve Officers’ Training Corps.

Sec. 541. Retention of case notes in investigations of sex-related offenses involving members of the Army, Navy, Air Force, or Marine Corps.

Sec. 542. Comptroller General of the United States reports on prevention and response to sexual assault by the Army National Guard and the Army Reserve.

Sec. 543. Improved implementation of changes to Uniform Code of Military Justice.

Sec. 544. Modification of Rule 104 of the Rules for Courts-Martial to establish certain prohibitions concerning evaluations of Special Victims’ Counsel.

Sec. 545. Modification of Rule 304 of the Military Rules of Evidence relating to the corroboration of a confession or admission.

Subtitle E—Member Education, Training, and Transition

Sec. 551. Enhancements to Yellow Ribbon Reintegration Program.

Sec. 552. Availability of preseparation counseling for members of the Armed Forces discharged or released after limited active duty.

Sec. 553. Availability of additional training opportunities under Transition Assistance Program.

Sec. 554. Modification of requirement for in-resident instruction for courses of instruction offered as part of Phase II joint professional military education.

Sec. 555. Termination of program of educational assistance for reserve component members supporting contingency operations and other operations.

Sec. 556. Appointments to military service academies from nominations made by Delegates in Congress from the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Sec. 557. Support for athletic programs of the United States Military Academy.

Sec. 558. Condition on admission of defense industry civilians to attend the United States Air Force Institute of Technology.

Sec. 559. Quality assurance of certification programs and standards for professional credentials obtained by members of the Armed Forces.

Sec. 560. Prohibition on receipt of unemployment insurance while receiving post-9/11 education assistance.

Sec. 561. Job Training and Post-Service Placement Executive Committee.

Sec. 562. Recognition of additional involuntary mobilization duty authorities exempt from five-year limit on reemployment rights of persons who serve in the uniformed services.

Sec. 563. Expansion of outreach for veterans transitioning from serving on active duty.

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

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

Sec. 572. Impact aid for children with severe disabilities.

Sec. 573. 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. 574. Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

Subtitle G—Decorations and Awards

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

Subtitle H—Miscellaneous Reports and Other Matters

Sec. 591. Coordination with non-government suicide prevention organizations and agencies to assist in reducing suicides by members of the Armed Forces.

Sec. 592. Extension of semiannual reports on the involuntary separation of members of the Armed Forces.

Sec. 593. Report on preliminary mental health screenings for individuals becoming members of the Armed Forces.

Sec. 594. Report regarding new rulemaking under the Military Lending Act and Defense Manpower Data Center reports and meetings.

Sec. 595. Remotely piloted aircraft career field manning shortfalls.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. No fiscal year 2016 increase in military basic pay for general and flag officers.

Sec. 602. Limitation on eligibility for supplemental subsistence allowances to members serving outside the United States and associated territory.

Sec. 603. Phased-in modification of percentage of national average monthly cost of housing usable in computation of basic allowance for housing inside the United States.

Sec. 604. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 605. Availability of information under the Food and Nutrition Act of 2008.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

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

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

Sec. 618. Repeal of obsolete authority to pay bonus to encourage Army personnel to refer persons for enlistment in the Army.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Transportation to transfer ceremonies for family and next of kin of members of the Armed Forces who die overseas during humanitarian operations.

Sec. 622. Repeal of obsolete special travel and transportation allowance for survivors of deceased members of the Armed Forces from the Vietnam conflict.

Sec. 623. Study and report on policy changes to the Joint Travel Regulations.

Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits

Part I—Retired Pay Reform

Sec. 631. Modernized retirement system for members of the uniformed services.

Sec. 632. Full participation for members of the uniformed services in the Thrift Savings Plan.

Sec. 633. Lump sum payments of certain retired pay.

Sec. 634. Continuation pay for full TSP members with 12 years of service.

Sec. 635. Effective date and implementation.

Part II—Other Matters

Sec. 641. Death of former spouse beneficiaries and subsequent remarriages under the Survivor Benefit Plan.

Subtitle E—Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations

Sec. 651. Plan to obtain budget-neutrality for the defense commissary system and the military exchange system.

Sec. 652. Comptroller General of the United States report on the Commissary Surcharge, Non-appropriated Fund, and Privately-Financed Major Construction Program.

Subtitle F—Other Matters

Sec. 661. Improvement of financial literacy and preparedness of members of the Armed Forces.

Sec. 662. Recordation of obligations for installment payments of incentive pays, allowances, and similar benefits when payment is due.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Access to TRICARE Prime for certain beneficiaries.

Sec. 702. Modifications of cost-sharing 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. Access to health care under the TRICARE program for beneficiaries of TRICARE Prime.

Sec. 705. Expansion of reimbursement for smoking cessation services for certain TRICARE beneficiaries.

Subtitle B—Health Care Administration

Sec. 711. Waiver of recoupment of erroneous payments caused by administrative error under the TRICARE program.

Sec. 712. Publication of data on patient safety, quality of care, satisfaction, and health outcome measures under the TRICARE program.

Sec. 713. Expansion of evaluation of effectiveness of the TRICARE program to include information on patient safety, quality of care, and access to care at military medical treatment facilities.

Sec. 714. Portability of health plans under the TRICARE program.

Sec. 715. Joint uniform formulary for transition of care.

Sec. 716. Licensure of mental health professionals in TRICARE program.

Sec. 717. Designation of certain non-Department mental health care providers with knowledge relating to treatment of members of the Armed Forces.

Sec. 718. Comprehensive standards and access to contraception counseling for members of the Armed Forces.

Subtitle C—Reports and Other Matters

Sec. 721. Provision of transportation of dependent patients relating to obstetrical anesthesia services.

Sec. 722. Extension of authority for DOD–VA Health Care Sharing Incentive Fund.

Sec. 723. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 724. Limitation on availability of funds for Office of the Secretary of Defense.

Sec. 725. Pilot program on urgent care under TRICARE program.

Sec. 726. Pilot program on incentive programs to improve health care provided under the TRICARE program.

Sec. 727. Limitation on availability of funds for Department of Defense Healthcare Management Systems Modernization.

Sec. 728. Submittal of information to Secretary of Veterans Affairs relating to exposure to airborne hazards and open burn pits.

Sec. 729. Plan for development of procedures to measure data on mental health care provided by the Department of Defense.

Sec. 730. Report on plans to improve experience with and eliminate performance variability of health care provided by the Department of Defense.

Sec. 731. Comptroller General study on gambling and problem gambling behavior among members of the Armed Forces.

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

Subtitle A—Acquisition Policy and Management

Sec. 801. Required review of acquisition-related functions of the Chiefs of Staff of the Armed Forces.

Sec. 802. Role of Chiefs of Staff in the acquisition process.

Sec. 803. Expansion of rapid acquisition authority.

Sec. 804. Middle tier of acquisition for rapid prototyping and rapid fielding.

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

Sec. 809. Advisory panel on streamlining and codifying acquisition regulations.

Sec. 810. Review of time-based requirements process and budgeting and acquisition systems.

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

Sec. 811. Amendment relating to multiyear contract authority for acquisition of property.

Sec. 812. Applicability of cost and pricing data and certification requirements.

Sec. 813. Rights in technical data.

Sec. 814. Procurement of supplies for experimental purposes.

Sec. 815. Amendments to other transaction authority.

Sec. 816. Amendment to acquisition threshold for special emergency procurement authority.

Sec. 817. Revision of method of rounding when making inflation adjustment of acquisition-related dollar thresholds.

Subtitle C—Provisions Related to Major Defense Acquisition Programs

Sec. 821. Acquisition strategy required for each major defense acquisition program, major automated information system, and major system.

Sec. 822. Revision to requirements relating to risk management in development of major defense acquisition programs and major systems.

Sec. 823. Revision of Milestone A decision authority responsibilities for major defense acquisition programs.

Sec. 824. Revision of Milestone B decision authority responsibilities for major defense acquisition programs.

Sec. 825. Designation of milestone decision authority.

Sec. 826. Tenure and accountability of program managers for program definition periods.

Sec. 827. Tenure and accountability of program managers for program execution periods.

Sec. 828. Penalty for cost overruns.

Sec. 829. Streamlining of reporting requirements applicable to Assistant Secretary of Defense for Research and Engineering regarding major defense acquisition programs.

Sec. 830. Configuration Steering Boards for cost control under major defense acquisition programs.

Sec. 831. Repeal of requirement for stand-alone manpower estimates for major defense acquisition programs.

Sec. 832. Revision to duties of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Deputy Assistant Secretary of Defense for Systems Engineering.

Subtitle D—Provisions Relating to Acquisition Workforce

Sec. 841. Amendments to Department of Defense Acquisition Workforce Development Fund.

Sec. 842. Dual-track military professionals in operational and acquisition specialities.

Sec. 843. Provision of joint duty assignment credit for acquisition duty.

Sec. 844. Mandatory requirement for training related to the conduct of market research.

Sec. 845. Independent study of implementation of defense acquisition workforce improvement efforts.

Sec. 846. Extension of authority for the civilian acquisition workforce personnel demonstration project.

Subtitle E—Provisions Relating to Commercial Items

Sec. 851. Procurement of commercial items.

Sec. 852. Modification to information required to be submitted by offeror in procurement of major weapon systems as commercial items.

Sec. 853. Use of recent prices paid by the Government in the determination of price reasonableness.

Sec. 854. Report on defense-unique laws applicable to the procurement of commercial items and commercially available off-the-shelf items.

Sec. 855. Market research and preference for commercial items.

Sec. 856. Limitation on conversion of procurements from commercial acquisition procedures.

Sec. 857. Treatment of goods and services provided by nontraditional defense contractors as commercial items.

Subtitle F—Industrial Base Matters

Sec. 861. Amendment to Mentor-Protege Program.

Sec. 862. Amendments to data quality improvement plan.

Sec. 863. Notice of contract consolidation for acquisition strategies.

Sec. 864. Clarification of requirements related to small business contracts for services.

Sec. 865. Certification requirements for Business Opportunity Specialists, commercial market representatives, and procurement center representatives.

Sec. 866. Modifications to requirements for qualified HUBZone small business concerns located in a base closure area.

Sec. 867. Joint venturing and teaming.

Sec. 868. Modification to and scorecard program for small business contracting goals.

Sec. 869. Establishment of an Office of Hearings and Appeals in the Small Business Administration; petitions for reconsideration of size standards.

Sec. 870. Additional duties of the Director of Small and Disadvantaged Business Utilization.

Sec. 871. Including subcontracting goals in agency responsibilities.

Sec. 872. Reporting related to failure of contractors to meet goals under negotiated comprehensive small business subcontracting plans.

Sec. 873. Pilot program for streamlining awards for innovative technology projects.

Sec. 874. Surety bond requirements and amount of guarantee.

Sec. 875. Review of Government access to intellectual property rights of private sector firms.

Sec. 876. Inclusion in annual technology and industrial capability assessments of a determination about defense acquisition program requirements.

Subtitle G—Other Matters

Sec. 881. Consideration of potential program cost increases and schedule delays resulting from oversight of defense acquisition programs.

Sec. 882. Examination and guidance relating to oversight and approval of services contracts.

Sec. 883. Streamlining of requirements relating to defense business systems.

Sec. 884. Procurement of personal protective equipment.

Sec. 885. Amendments concerning detection and avoidance of counterfeit electronic parts.

Sec. 886. Exception for AbilityOne products from authority to acquire goods and services manufactured in Afghanistan, Central Asian States, and Djibouti.

Sec. 887. Effective communication between government and industry.

Sec. 888. Standards for procurement of secure information technology and cyber security systems.

Sec. 889. Unified information technology services.

Sec. 890. Cloud strategy for Department of Defense.

Sec. 891. Development period for Department of Defense information technology systems.

Sec. 892. Revisions to pilot program on acquisition of military purpose nondevelopmental items.

Sec. 893. Improved auditing of contracts.

Sec. 894. Sense of Congress on evaluation method for procurement of audit or audit readiness services.

Sec. 895. Mitigating potential unfair competitive advantage of technical advisors to acquisition programs.

Sec. 896. Survey on the costs of regulatory compliance.

Sec. 897. Treatment of interagency and State and local purchases when the Department of Defense acts as contract intermediary for the General Services Administration.

Sec. 898. Competition for religious services contracts.

Sec. 899. Pilot program regarding risk-based contracting for smaller contract actions under the Truth in Negotiations Act.

Title IX—Department of Defense Organization and Management

Sec. 901. Update of statutory specification of functions of the Chairman of the Joint Chiefs of Staff relating to joint force development activities.

Sec. 902. Sense of Congress on the United States Marine Corps.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Accounting standards to value certain property, plant, and equipment items.

Sec. 1003. Report on auditable financial statements.

Sec. 1004. Sense of Congress on sequestration.

Sec. 1005. Annual audit of financial statements of Department of Defense components by independent external auditors.

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.

Sec. 1013. Sense of Congress on Central America.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Additional information supporting long-range plans for construction of naval vessels.

Sec. 1022. National Sea-Based Deterrence Fund.

Sec. 1023. Extension of authority for reimbursement of expenses for certain Navy mess operations afloat.

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.

Sec. 1025. Limitation on the use of funds for removal of ballistic missile defense capabilities from Ticonderoga class cruisers.

Sec. 1026. Independent assessment of United States Combat Logistic Force requirements.

Subtitle D—Counterterrorism

Sec. 1031. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.

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

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

Sec. 1034. 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. 1035. Comprehensive detention strategy.

Sec. 1036. Prohibition on use of funds for realignment of forces at or closure of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1037. Report on current detainees at United States Naval Station, Guantanamo Bay, Cuba, determined or assessed to be high risk or medium risk.

Sec. 1038. Reports to Congress on contact between terrorists and individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1039. Inclusion in reports to Congress of information about recidivism of individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1040. Report to Congress on terms of written agreements with foreign countries regarding transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1041. Report on use of United States Naval Station, Guantanamo Bay, Cuba, and other Department of Defense or Bureau of Prisons prisons or detention or disciplinary facilities in recruitment or other propaganda of terrorist organizations.

Sec. 1042. Permanent authority to provide rewards through government personnel of allied forces and certain other modifications to Department of Defense program to provide rewards.

Sec. 1043. Sunset on exception to congressional notification of sensitive military operations.

Sec. 1044. Repeal of semiannual reports on obligation and expenditure of funds for the combating terrorism program.

Sec. 1045. Limitation on interrogation techniques.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1051. Department of Defense excess property program.

Sec. 1052. Sale or donation of excess personal property for border security activities.

Sec. 1053. Management of military technicians.

Sec. 1054. Limitation on transfer of certain AH–64 Apache helicopters from Army National Guard to regular Army and related personnel levels.

Sec. 1055. Authority to provide training and support to personnel of foreign ministries of defense.

Sec. 1056. Information operations and engagement technology demonstrations.

Sec. 1057. Prohibition on use of funds for retirement of Helicopter Sea Combat Squadron 84 and 85 aircraft.

Sec. 1058. Limitation on availability of funds for destruction of certain landmines and report on department of defense policy and inventory of anti-personnel landmine munitions.

Sec. 1059. Department of Defense authority to provide assistance to secure the southern land border of the United States.

Subtitle F—Studies and Reports

Sec. 1060. Provision of defense planning guidance and contingency planning guidance information to Congress.

Sec. 1061. Expedited meetings of the National Commission on the Future of the Army.

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

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

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

Sec. 1065. Report on the status of detection, identification, and disablement capabilities related to remotely piloted aircraft.

Sec. 1066. Report on options to accelerate the training of pilots of remotely piloted aircraft.

Sec. 1067. Studies of fleet platform architectures for the Navy.

Sec. 1068. Report on strategy to protect United States national security interests in the Arctic region.

Sec. 1069. Comptroller General briefing and report on major medical facility projects of Department of Veterans Affairs.

Sec. 1070. Submittal to Congress of munitions assessments.

Sec. 1071. Potential role for United States ground forces in the Western Pacific theater.

Sec. 1072. Repeal or revision of reporting requirements related to military personnel issues.

Sec. 1073. Repeal or revision of reporting requirements relating to readiness.

Sec. 1074. Repeal or revision of reporting requirements related to naval vessels and Merchant Marine.

Sec. 1075. Repeal or revision of reporting requirements related to civilian personnel.

Sec. 1076. Repeal or revision of reporting requirements related to nuclear proliferation and related matters.

Sec. 1077. Repeal or revision of reporting requirements related to acquisition.

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

Sec. 1079. Repeal of reporting requirements.

Sec. 1080. Termination of requirement for submittal to Congress of reports required of Department of Defense by statute.

Subtitle G—Other Matters

Sec. 1081. Technical and clerical amendments.

Sec. 1082. Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities.

Sec. 1083. Executive agent for the oversight and management of alternative compensatory control measures.

Sec. 1084. Navy support of Ocean Research Advisory Panel.

Sec. 1085. Level of readiness of Civil Reserve Air Fleet carriers.

Sec. 1086. Reform and improvement of personnel security, insider threat detection and prevention, and physical security.

Sec. 1087. Transfer of surplus firearms to Corporation for the Promotion of Rifle Practice and Firearms Safety.

Sec. 1088. Modification of requirements for transferring aircraft within the Air Force inventory.

Sec. 1089. Reestablishment of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack.

Sec. 1090. Mine countermeasures master plan and report.

Sec. 1091. Congressional notification and briefing requirement on ordered evacuations of United States embassies and consulates involving support provided by the Department of Defense.

Sec. 1092. Interagency Hostage Recovery Coordinator.

Sec. 1093. Sense of Congress on the inadvertent transfer of anthrax from the Department of Defense.

Sec. 1094. Modification of certain requirements applicable to major medical facility lease for a Department of Veterans Affairs outpatient clinic in Tulsa, Oklahoma.

Sec. 1095. Authorization of fiscal year 2015 major medical facility projects of the Department of Veterans Affairs.

Sec. 1096. Designation of construction agent for certain construction projects by Department of Veterans Affairs.

Sec. 1097. Department of Defense strategy for countering unconventional warfare.

Title XI—Civilian personnel matters

Sec. 1101. Procedures for reduction in force of Department of Defense civilian personnel.

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

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

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

Sec. 1105. Required probationary period for new employees of the Department of Defense.

Sec. 1106. Delay of periodic step increase for civilian employees of the Department of Defense based upon unacceptable performance.

Sec. 1107. United States Cyber Command workforce.

Sec. 1108. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1109. Pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain Department of Defense laboratories.

Sec. 1110. Pilot program on temporary exchange of financial management and acquisition personnel.

Sec. 1111. Pilot program on enhanced pay authority for certain acquisition and technology positions in the Department of Defense.

Sec. 1112. Pilot program on direct hire authority for veteran technical experts into the defense acquisition workforce.

Sec. 1113. Direct hire authority for technical experts into the defense acquisition workforce.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

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

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

Sec. 1203. Redesignation, modification, and extension of National Guard State Partnership Program.

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

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

Sec. 1206. One-year extension of funding limitations for authority to build the capacity of foreign security forces.

Sec. 1207. Authority to provide support to national military forces of allied countries for counterterrorism operations in Africa.

Sec. 1208. Reports on training of foreign military intelligence units provided by the Department of Defense.

Sec. 1209. Prohibition on security assistance to entities in Yemen controlled by the Houthi movement.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of Commanders’ Emergency Response Program.

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

Sec. 1213. Additional matter in semiannual report on enhancing security and stability in Afghanistan.

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

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

Sec. 1216. Modification of protection for Afghan allies.

Subtitle C—Matters relating to Syria and Iraq

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

Sec. 1222. Strategy for the Middle East and to counter violent extremism.

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

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

Sec. 1225. Matters relating to support for the vetted Syrian opposition.

Sec. 1226. Support to the Government of Jordan and the Government of Lebanon for border security operations.

Sec. 1227. Sense of Congress on the security and protection of Iranian dissidents living in Camp Liberty, Iraq.

Subtitle D—Matters relating to Iran

Sec. 1231. Modification and extension of annual report on the military power of Iran.

Sec. 1232. Sense of Congress on the Government of Iran’s malign activities.

Sec. 1233. Report on military-to-military engagements with Iran.

Sec. 1234. Security guarantees to countries in the Middle East.

Sec. 1235. Rule of construction.

Subtitle E—Matters relating to the Russian Federation

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

Sec. 1242. Notifications of deployment of nuclear weapons by Russian Federation to territory of Ukraine or Russian territory of Kaliningrad.

Sec. 1243. Measures in response to non-compliance by the Russian Federation with its obligations under the INF Treaty.

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

Sec. 1245. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1246. Limitation on military cooperation between the United States and the Russian Federation.

Sec. 1247. Report on implementation of the New START Treaty.

Sec. 1248. Additional matters in annual report on military and security developments involving the Russian Federation.

Sec. 1249. Report on alternative capabilities to procure and sustain nonstandard rotary wing aircraft historically procured through Rosoboronexport.

Sec. 1250. Ukraine Security Assistance Initiative.

Sec. 1251. Training for Eastern European national military forces in the course of multilateral exercises.

Subtitle F—Matters relating to the Asia-Pacific region

Sec. 1261. Strategy to promote United States interests in the Indo-Asia-Pacific region.

Sec. 1262. Requirement to submit Department of Defense policy regarding foreign disclosure or technology release of Aegis Ashore capability to Japan.

Sec. 1263. South China Sea Initiative.

Subtitle G—Other matters

Sec. 1271. Two-year extension and modification of authorization for non-conventional assisted recovery capabilities.

Sec. 1272. Amendment to the annual report under Arms Control and Disarmament Act.

Sec. 1273. Extension of authorization to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.

Sec. 1274. Modification of authority for support of special operations to combat terrorism.

Sec. 1275. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1276. Report on the security relationship between the United States and the Republic of Cyprus.

Sec. 1277. Sense of Congress on European defense and the North Atlantic Treaty Organization.

Sec. 1278. Briefing on the sale of certain fighter aircraft to Qatar.

Sec. 1279. United States-Israel anti-tunnel cooperation.

Sec. 1280. NATO Special Operations Headquarters.

Sec. 1281. Increased presence of United States ground forces in Eastern Europe to deter aggression on the border of the North Atlantic Treaty Organization.

Title XIII—Cooperative Threat Reduction

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

Title XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

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

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

Sec. 1405. Defense Inspector General.

Sec. 1406. Defense Health Program.

Sec. 1407. National Sea-Based Deterrence Fund.

Subtitle B—National Defense Stockpile

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

Subtitle C—Working-Capital Funds

Sec. 1421. Limitation on cessation or suspension of distribution of funds from Department of Defense working-capital funds.

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

Subtitle D—Other Matters

Sec. 1431. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose and treatment of certain authorizations of appropriations.

Sec. 1502. Procurement.

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

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

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

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health program.

Sec. 1510. Counterterrorism Partnerships Fund.

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 for training of foreign security forces to defeat improvised explosive devices.

Sec. 1534. Comptroller General report on use of certain funds provided for operation and maintenance.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

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

Sec. 1602. Principal advisor on space control.

Sec. 1603. Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise.

Sec. 1604. Modification to development of space science and technology strategy.

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

Sec. 1606. Rocket propulsion system development program.

Sec. 1607. Exception to the prohibition on contracting with Russian suppliers of rocket engines for the evolved expendable launch vehicle program.

Sec. 1608. Acquisition strategy for evolved expendable launch vehicle program.

Sec. 1609. Allocation of funding for evolved expendable launch vehicle program.

Sec. 1610. Consolidation of acquisition of wideband satellite communications.

Sec. 1611. Analysis of alternatives for wide-band communications.

Sec. 1612. Expansion of goals and modification of pilot program for acquisition of commercial satellite communication services.

Sec. 1613. Integrated policy to deter adversaries in space.

Sec. 1614. Prohibition on reliance on China and Russia for space-based weather data.

Sec. 1615. Limitation on availability of funds for weather satellite follow-on system.

Sec. 1616. Limitations on availability of funds for the Defense Meteorological Satellite program.

Sec. 1617. Streamline of commercial space launch activities.

Sec. 1618. Plan on full integration and exploitation of overhead persistent infrared capability.

Sec. 1619. Options for rapid space reconstitution.

Sec. 1620. Evaluation of exploitation of space-based infrared system against additional threats.

Sec. 1621. 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. 1622. Sense of Congress on missile defense sensors in space.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1631. Executive agent for open-source intelligence tools.

Sec. 1632. Waiver and congressional notification requirements related to facilities for intelligence collection or for special operations abroad.

Sec. 1633. Prohibition on National Intelligence Program consolidation.

Sec. 1634. Limitation on availability of funds for Office of the Under Secretary of Defense for Intelligence.

Sec. 1635. Department of Defense intelligence needs.

Sec. 1636. Report on management of certain programs of Defense intelligence elements.

Sec. 1637. Report on Air National Guard contributions to the RQ–4 Global Hawk mission.

Sec. 1638. Government Accountability Office review of intelligence input to the defense acquisition process.

Subtitle C—Cyberspace-Related Matters

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

Sec. 1642. Authorization of military cyber operations.

Sec. 1643. Limitation on availability of funds pending the submission of integrated policy to deter adversaries in cyberspace.

Sec. 1644. Authorization for procurement of relocatable Sensitive Compartmented Information Facility.

Sec. 1645. Designation of military department entity responsible for acquisition of critical cyber capabilities.

Sec. 1646. Assessment of capabilities of United States Cyber Command to defend the United States from cyber attacks.

Sec. 1647. Evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense.

Sec. 1648. Comprehensive plan and biennial exercises on responding to cyber attacks.

Sec. 1649. 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. 1651. Assessment of threats to National Leadership Command, Control, and Communications System.

Sec. 1652. Organization of nuclear deterrence functions of the Air Force.

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

Sec. 1654. Prohibition on availability of funds for de-alerting intercontinental ballistic missiles.

Sec. 1655. Assessment of global nuclear environment.

Sec. 1656. Annual briefing on the costs of forward-deploying nuclear weapons in Europe.

Sec. 1657. Report on the number of planned long-range standoff weapons.

Sec. 1658. Review of Comptroller General of the United States on recommendations relating to nuclear enterprise of the Department of Defense.

Sec. 1659. Sense of Congress on organization of Navy for nuclear deterrence mission.

Sec. 1660. Sense of Congress on the nuclear force improvement program of the Air Force.

Sec. 1661. Senses of Congress on importance of cooperation and collaboration between United States and United Kingdom on nuclear issues and on 60th anniversary of Fleet Ballistic Missile Program.

Sec. 1662. Sense of Congress on plan for implementation of Nuclear Enterprise Reviews.

Sec. 1663. Sense of Congress and report on milestone A decision on long-range standoff weapon.

Sec. 1664. Sense of Congress on policy on the nuclear triad.

Sec. 1665. Report relating to the costs associated with extending the life of the Minuteman III intercontinental ballistic missile.

Subtitle E—Missile Defense Programs and Other Matters

Sec. 1671. Prohibitions on providing certain missile defense information to Russian Federation.

Sec. 1672. Prohibition on integration of missile defense systems of Russian Federation into missile defense systems of United States.

Sec. 1673. Prohibition on integration of missile defense systems of China into missile defense systems of United States.

Sec. 1674. Limitations on availability of funds for Patriot lower tier air and missile defense capability of the Army.

Sec. 1675. Integration and interoperability of air and missile defense capabilities of the United States.

Sec. 1676. Integration and interoperability of allied missile defense capabilities.

Sec. 1677. Missile defense capability in Europe.

Sec. 1678. Availability of funds for Iron Dome short-range rocket defense system.

Sec. 1679. Israeli cooperative missile defense program codevelopment and coproduction.

Sec. 1680. Boost phase defense system.

Sec. 1681. Development and deployment of multiple-object kill vehicle for missile defense of the United States homeland.

Sec. 1682. Requirement to replace capability enhancement I exoatmospheric kill vehicles.

Sec. 1683. Designation of preferred location of additional missile defense site in the United States and plan for expediting deployment time of such site.

Sec. 1684. Additional missile defense sensor coverage for protection of United States homeland.

Sec. 1685. Concept development of space-based missile defense layer.

Sec. 1686. Aegis Ashore capability development.

Sec. 1687. Development of requirements to support integrated air and missile defense capabilities.

Sec. 1688. Extension of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs.

Sec. 1689. Report on medium range ballistic missile defense sensor alternatives for enhanced defense of Hawaii.

Sec. 1690. Sense of Congress and report on validated military requirement and Milestone A decision on prompt global strike weapon system.

Division B—Military construction authorizations

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

Title XXI—Army Military Construction

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

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

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

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

Sec. 2108. Additional authority to carry out certain fiscal year 2016 project.

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.

Sec. 2310. Certification of optimal location for Joint Intelligence Analysis Complex and plan for rotation of forces at Lajes Field, Azores.

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.

Sec. 2408. Modification of authority to carry out certain fiscal year 2015 project.

Title XXV—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Title XXVI—Guard and Reserve Forces facilities

Subtitle A—Project authorizations and authorization of appropriations

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

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

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

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

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

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

Subtitle B—Other matters

Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2013 project.

Sec. 2612. 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. Revision of congressional notification thresholds for reserve facility expenditures and contributions to reflect congressional notification thresholds for minor construction and repair projects.

Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2803. Defense laboratory modernization pilot program.

Sec. 2804. Temporary authority for acceptance and use of contributions for certain construction, maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces.

Sec. 2805. Conveyance to Indian tribes of relocatable military housing units at military installations in the United States.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Protection of Department of Defense installations.

Sec. 2812. Enhancement of authority to accept conditional gifts of real property on behalf of military service academies.

Sec. 2813. Utility system conveyance authority.

Sec. 2814. 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. 2815. Force-structure plan and infrastructure inventory and assessment of infrastructure necessary to support the force structure.

Sec. 2816. Temporary reporting requirements related to main operating bases, forward operating sites, and cooperative security locations.

Sec. 2817. Exemption of Army off-site use and off-site removal only non-mobile properties from certain excess property disposal requirements.

Subtitle C—Provisions Related to Asia-Pacific Military Realignment

Sec. 2821. Limited exception to restriction on development of public infrastructure in connection with realignment of Marine Corps forces in Asia-Pacific region.

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

Subtitle D—Land Conveyances

Sec. 2831. Release of reversionary interest retained as part of conveyance to the Economic Development Alliance of Jefferson County, Arkansas.

Sec. 2832. Land exchange authority, Mare Island Army Reserve Center, Vallejo, California.

Sec. 2833. Land exchange, Navy Outlying Landing Field, Naval Air Station, Whiting Field, Florida.

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

Sec. 2835. Release of property interests retained in connection with land conveyance, Fort Bliss Military Reservation, Texas.

Subtitle E—Military Land Withdrawals

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

Subtitle F—Other Matters

Sec. 2851. Modification of Department of Defense guidance on use of airfield pavement markings.

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

Division C—Department of Energy national security authorizations and other authorizations

Title XXXI—Department of Energy national security programs

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Improvement to accountability of Department of Energy employees and projects.

Sec. 3112. Stockpile responsiveness program.

Sec. 3113. Notification of cost overruns and Selected Acquisition Reports for major alteration projects.

Sec. 3114. Root cause analyses for certain cost overruns.

Sec. 3115. Funding of laboratory-directed research and development programs.

Sec. 3116. Hanford Waste Treatment and Immobilization Plant contract oversight.

Sec. 3117. Use of best practices for capital asset projects and nuclear weapon life extension programs.

Sec. 3118. Research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3119. Disposition of weapons-usable plutonium.

Sec. 3120. Establishment of microlab pilot program.

Sec. 3121. Prohibition on availability of funds for provision of defense nuclear nonproliferation assistance to Russian Federation.

Sec. 3122. Prohibition on availability of funds for new fixed site radiological portal monitors in foreign countries.

Sec. 3123. Limitation on availability of funds for certain arms control and nonproliferation technologies.

Sec. 3124. Limitation on availability of funds for nuclear weapons dismantlement.

Subtitle C—Plans and Reports

Sec. 3131. Long-term plan for meeting national security requirements for unencumbered uranium.

Sec. 3132. Defense nuclear nonproliferation management plan and reports.

Sec. 3133. Plan for deactivation and decommissioning of nonoperational defense nuclear facilities.

Sec. 3134. Assessment of emergency preparedness of defense nuclear facilities.

Sec. 3135. Modifications to cost-benefit analyses for competition of management and operating contracts.

Sec. 3136. Interagency review of applications for the transfer of United States civil nuclear technology.

Sec. 3137. Governance and management of nuclear security enterprise.

Sec. 3138. Annual report on number of full-time equivalent employees and contractor employees.

Sec. 3139. Development of strategy on risks to nonproliferation caused by additive manufacturing.

Sec. 3140. Plutonium pit production capacity.

Sec. 3141. Assessments on nuclear proliferation risks and nuclear nonproliferation opportunities.

Sec. 3142. Analysis of alternatives for Mobile Guardian Transporter program.

Title XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

Sec. 3202. Administration of Defense Nuclear Facilities Safety Board.

Title XXXIV—Naval Petroleum Reserves

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.

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

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

Sec. 3504. Payment for Maritime Security Fleet vessels.

Sec. 3505. Melville Hall of United States Merchant Marine Academy.

Sec. 3506. Cadet commitment agreements.

Sec. 3507. Student incentive payment agreements.

Sec. 3508. Short sea transportation defined.

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.

Sec. 4303. Operation and maintenance base requirements.

Title XLIV—Military Personnel

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Title XLV—Other Authorizations

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Title XLVI—Military Construction

Sec. 4601. MILITARY CONSTRUCTION.

Title XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

3.

Congressional defense committees

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

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

5.

Explanatory statement

The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about November 5, 2015, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Prioritization of upgraded UH–60 Blackhawk helicopters within Army National Guard.

Sec. 112. Roadmap for replacement of A/MH–6 Mission Enhanced Little Bird aircraft to meet special operations requirements.

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

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

Subtitle C—Navy Programs

Sec. 121. Modification of CVN–78 class aircraft carrier program.

Sec. 122. Amendment to cost limitation baseline for CVN–78 class aircraft carrier program.

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

Sec. 124. Modification to multiyear procurement authority for Arleigh Burke class destroyers and associated systems.

Sec. 125. Procurement of additional Arleigh Burke class destroyer.

Sec. 126. Refueling and complex overhaul of the U.S.S. George Washington.

Sec. 127. Fleet Replenishment Oiler Program.

Sec. 128. Limitation on availability of funds for U.S.S. John F. Kennedy (CVN–79).

Sec. 129. Limitation on availability of funds for U.S.S. Enterprise (CVN–80).

Sec. 130. Limitation on availability of funds for Littoral Combat Ship.

Sec. 131. Reporting requirement for Ohio-class replacement submarine program.

Subtitle D—Air Force Programs

Sec. 141. Backup inventory status of A–10 aircraft.

Sec. 142. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 143. Prohibition on availability of funds for retirement of EC–130H Compass Call aircraft.

Sec. 144. Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System, EC–130H Compass Call, and Airborne Warning and Control System aircraft.

Sec. 145. Limitation on availability of funds for F–35A aircraft procurement.

Sec. 146. Prohibition on availability of funds for retirement of KC–10 aircraft.

Sec. 147. Limitation on availability of funds for transfer of C–130 aircraft.

Sec. 148. Limitation on availability of funds for executive communications upgrades for C–20 and C–37 aircraft.

Sec. 149. Limitation on availability of funds for T–1A Jayhawk aircraft.

Sec. 150. Notification of retirement of B–1, B–2, and B–52 bomber aircraft.

Sec. 151. Inventory requirement for fighter aircraft of the Air Force.

Sec. 152. Sense of Congress regarding the OCONUS basing of F–35A aircraft.

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

Sec. 161. Limitation on availability of funds for Joint Battle Command–Platform.

Sec. 162. Report on Army and Marine Corps modernization plan for small arms.

Sec. 163. Study on use of different types of enhanced 5.56mm ammunition by the Army and the Marine Corps.

A

Authorization of Appropriations

101.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2016 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

B

Army Programs

111.

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

(a)

Prioritization of upgrades

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

(b)

Report

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

112.

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

(a)

Roadmap

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

(b)

Elements

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

A description of efforts as of the date of the roadmap to coordinate with the military departments on a service-common platform to satisfy replacement platform requirements.

(7)

Any other matters the Secretary considers appropriate.

113.

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

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Any other matters the Secretary determines appropriate.

114.

Sense of Congress on tactical wheeled vehicle protection kits

It is the sense of Congress that—

(1)

members of the Army face an increasingly complex and evolving threat environment that requires advanced and effective technology to protect soldiers while allowing the soldiers to effectively carry out the mission of the Army;

(2)

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

(3)

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

(4)

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

C

Navy Programs

121.

Modification of CVN–78 class aircraft carrier program

(a)

Reports on design and engineering changes

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:

(3)

CVN–78 class aircraft carriers change orders

(A)

As part of each report required under paragraph (1), the Secretary shall include a description of new design and engineering changes to CVN–78 class aircraft carriers if applicable.

(B)

The additional reporting requirement in subparagraph (A) shall include, with respect to CVN–78 class aircraft carriers in each reporting period—

(i)

any design or engineering change with an associated cost greater than $5,000,000;

(ii)

any program or ship cost increases for each design or engineering change identified in subparagraph (A); and

(iii)

any cost reduction achieved.

(C)

The Secretary and the Chief of Naval Operations, without delegation, shall jointly certify the design and engineering changes included in each report under paragraph (1), as required by subparagraph (A) of this paragraph. Each certification shall include a determination that each such change—

(i)

serves the national security interests of the United States; and

(ii)

cannot be deferred to a future ship because of operational necessity, safety, or substantial cost reduction that still meets threshold requirements.

.

(b)

Conforming amendments

Such subsection is further amended—

(1)

by striking the heading and inserting the following new heading: Requirements for CVN–78 class aircraft carriers; and

(2)

in paragraph (1), by striking the heading and inserting the following new heading: CVN–79 quarterly cost estimate.

122.

Amendment to cost limitation baseline for CVN–78 class aircraft carrier program

(a)

Cost limitation

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.

(b)

Factor for adjustment

Subsection (b) of such section 122, as amended by section 121(b)(1) of the National Defense Authorization Act for Fiscal Year 2014, is amended by adding at the end the following new paragraph:

(8)

With respect to the aircraft carrier designated as CVN–79, the amounts of increases not exceeding $100,000,000 if the Chief of Naval Operations determines that achieving the amount set forth in subsection (a)(2) (as amended by section 122(a) of the National Defense Authorization Act for Fiscal Year 2016) would result in unacceptable reductions to the operational capability of the ship.

.

123.

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—

(1)

by striking this Act, the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015, or otherwise made available for fiscal years 2014 or 2015 and inserting this Act, the National Defense Authorization Act for Fiscal Year 2016, or otherwise made available for fiscal years 2014, 2015, or 2016; and

(2)

by adding at the end the following new paragraphs:

(6)

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.

(7)

A Littoral Combat Ship mission module acquisition strategy to reach the total acquisition quantity of each mission module.

(8)

A cost and schedule plan to outfit Flight 0 and Flight 0+ Littoral Combat Ships with capabilities identified for the upgraded Littoral Combat Ship.

(9)

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.

.

124.

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

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

125.

Procurement of additional Arleigh Burke class destroyer

(a)

Procurement authority

(1)

Additional destroyer

The Secretary of the Navy may procure one Arleigh Burke class destroyer, in addition to any other procurement of such ships otherwise authorized by law, to be procured either—

(A)

as an addition to the contract covering the 10 Arleigh Burke class destroyers authorized to be procured under section 123 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1655); or

(B)

under a separate contract in fiscal year 2018.

(2)

Incremental funding

The Secretary may employ incremental funding for the procurement authorized under paragraph (1).

(b)

Condition on Out-year Contract Payments

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

126.

Refueling and complex overhaul of the U.S.S. George Washington

(a)

Refueling and complex overhaul

The Secretary of the Navy may carry out the nuclear refueling and complex overhaul of the U.S.S. George Washington (CVN–73).

(b)

Use of incremental funding

With respect to any contract entered into under subsection (a) for the nuclear refueling and complex overhaul of the U.S.S. George Washington, the Secretary may use incremental funding for a period not to exceed six years after advance procurement funds for such nuclear refueling and complex overhaul effort are first obligated.

(c)

Condition for out-year contract payments

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

127.

Fleet Replenishment Oiler Program

(a)

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 and long lead time materials, beginning with the lead ship, commencing not earlier than fiscal year 2016.

(b)

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.

128.

Limitation on availability of funds for U.S.S. John F. Kennedy (CVN–79)

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for procurement for the U.S.S. 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 congressional defense committees the certification under subsection (b)(1) or the notification under paragraph (2) of such subsection, as the case may be, and the reports under subsections (c) and (d).

(b)

Certification regarding full ship shock trials

(1)

In general

Except as provided by paragraph (2), not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a certification that the Navy will conduct full ship shock trials on the U.S.S. Gerald R. Ford (CVN–78) prior to the first deployment of such ship.

(2)

Waiver

The Secretary of Defense may waive the certification required under paragraph (1) if the Secretary submits to the congressional defense committees a notification of such waiver, including—

(A)

the rationale of the Secretary for issuing such waiver;

(B)

a certification that the Secretary has analyzed and accepts the operational risk of the U.S.S. Gerald R. Ford deploying without having conducted full ship shock trials; and

(C)

a certification that full ship shock trials will be completed on the U.S.S. Gerald R. Ford after the first deployment of such ship and prior to the first major maintenance availability of such ship.

(c)

Report on costs relating to CVN–79 and CVN–80

(1)

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 congressional defense committees a report that evaluates cost issues related to the U.S.S. John F. Kennedy (CVN–79) and the U.S.S. Enterprise (CVN–80).

(2)

Elements

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

(A)

Options to achieve ship end cost of no more than $10,000,000,000.

(B)

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.

(C)

Options to reduce the plans cost for CVN–80 to less than 50 percent of the CVN–79 plans cost.

(D)

Options to transition all non-nuclear Government-furnished equipment, including launch and arresting equipment, to contractor-furnished equipment.

(E)

Options to build the ships at the most economic pace, such as four years between ships.

(F)

A business case analysis for the Enterprise Air Search Radar modification to CVN–79 and CVN–80.

(G)

A business case analysis for the two-phase CVN–79 delivery proposal and impact on fleet deployments.

(d)

Report on future development

(1)

In general

Not later than April 1, 2016, the Secretary of the Navy shall submit to the congressional defense committees a report on potential requirements, capabilities, and alternatives for the future development of aircraft carriers that would replace or supplement the CVN–78 class aircraft carrier.

(2)

Elements

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

(A)

A description of fleet, sea-based tactical aviation capability requirements for a range of operational scenarios beginning in the 2025 timeframe.

(B)

A description of alternative aircraft carrier designs that meet the requirements described under subparagraph (A).

(C)

A description of nuclear and non-nuclear propulsion options.

(D)

A description of tonnage options ranging from less than 20,000 tons to greater than 100,000 tons.

(E)

Requirements for unmanned systems integration from inception.

(F)

Developmental, procurement, and lifecycle cost assessment of alternatives.

(G)

A notional acquisition strategy for the development and construction of alternatives.

(H)

A description of shipbuilding industrial base considerations and a plan to ensure opportunity for competition among alternatives.

(I)

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.

129.

Limitation on availability of funds for U.S.S. Enterprise (CVN–80)

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for advance procurement for the U.S.S. Enterprise (CVN–80), $191,400,000 may not be obligated or expended until the date on which the Secretary of the Navy submits to the congressional defense committees the certification under subsection (b) and the report under subsection (c).

(b)

Certification regarding CVN–80 design

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a certification that the design of the U.S.S. Enterprise (CVN–80) will repeat the design of CVN–79, with modifications only for significant test and evaluation results or significant cost reduction initiatives that still meet threshold requirements.

(c)

Report

(1)

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 congressional defense committees a report that details the costs of the plans related to the U.S.S. Enterprise (CVN–80).

(2)

Elements

The report 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 the U.S.S. Enterprise (CVN–80):

(A)

Overall plans.

(B)

Propulsion plant detail design.

(C)

Platform detail design.

(D)

Lead yard services and hull planning yard.

(E)

Platform detail design (Steam and Electric Plant Planning Yard).

(F)

Other.

130.

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 50 percent may be obligated or expended until Secretary of the Navy submits to the Committees on Armed Services of the Senate and the House of Representatives each of the following:

(1)

A capabilities based assessment, or equivalent report, to assess capability gaps and associated capability requirements and risks for the upgraded Littoral Combat Ship, which is proposed to commence with LCS 33. Such assessment shall conform with the Joint Capabilities Integration and Development System, including Chairman of the Joint Chiefs of Staff Instruction 3170.01H.

(2)

A certification that the Joint Requirements Oversight Council has validated an updated Capabilities Development Document for the upgraded Littoral Combat Ship.

(3)

A report describing the upgraded Littoral Combat Ship modernization, which shall, at a minimum, include the following elements:

(A)

A description of capabilities that the Littoral Combat Ship 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.

(B)

A summary of analyses and studies conducted on Littoral Combat Ship modernization.

(C)

A concept of operations for Littoral Combat Ship 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.

(D)

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 Littoral Combat Ship should be determined.

(E)

A plan and timeline for Littoral Combat Ship modernization program execution.

(F)

A description of system capabilities required for Littoral Combat Ship modernization, including key performance parameters and key system attributes.

(G)

A plan for family of systems or systems of systems synchronization.

(H)

A plan for information technology and national security systems supportability.

(I)

A plan for intelligence supportability.

(J)

A plan for electromagnetic environmental effects and spectrum supportability.

(K)

A description of assets required to achieve initial operational capability of a Littoral Combat Ship modernization increment.

(L)

A schedule and initial operational capability and full operational capability definitions.

(M)

A description of doctrine, organization, training, materiel, leadership, education, personnel, facilities, and policy considerations.

(N)

A description of other system attributes.

(4)

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).

131.

Reporting requirement for Ohio-class replacement submarine program

If the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for a fiscal year includes a request for funds for the Ohio-class replacement submarine program, the Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for such fiscal year a report that includes the following elements regarding such program (described in terms of both fiscal year 2010 dollars and current fiscal year dollars as of the date of the report):

(1)

Lead ship end cost (with plans).

(2)

Lead ship end cost (less plans).

(3)

Lead ship non-recurring engineering cost.

(4)

Average follow-on ship cost.

(5)

Average operations and sustainment cost per hull per year.

(6)

The average follow-on ship affordability target as determined by the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(7)

The operations and sustainment cost per hull per year affordability target as determined by the Under Secretary of Defense for Acquisition, Technology, and Logistics.

D

Air Force Programs

141.

Backup inventory status of A–10 aircraft

(a)

Maximum number

In carrying out section 133(b)(2)(A) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3316), the Secretary of the Air Force may not move more than 18 A–10 aircraft in the active component to backup flying status pursuant to an authorization made by the Secretary of Defense under such section.

(b)

Conforming amendment

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

142.

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

(a)

Prohibition on availability of funds for retirement

Except as provided by section 141, none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft.

(b)

Additional limitations on retirement

(1)

In general

Except as provided by section 141, and in addition to the limitation in subsection (a), during the period before December 31, 2016, the Secretary of the Air Force may not retire, prepare to retire, or place in storage or on backup flying status any A–10 aircraft.

(2)

Minimum inventory requirement

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

(c)

Prohibition on availability of funds for significant reductions in manning levels

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

(d)

Additional limitation on significant reductions in manning levels

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

(e)

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

(1)

Independent assessment required

(A)

In general

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

(B)

Elements

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

(i)

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

(I)

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

(II)

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

(III)

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

(IV)

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

(V)

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

(VI)

The capability to enable the pilot and aircraft to survive attacks stemming from small arms, machine guns, man-portable air-defense systems, and lower caliber anti-aircraft artillery organic or attached to enemy ground forces and maneuver units.

(VII)

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

(VIII)

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

(IX)

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

(X)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(2)

Report

(A)

In general

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

(B)

Form

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

(3)

Nonduplication of effort

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

143.

Prohibition on availability of funds for retirement of EC–130H Compass Call aircraft

(a)

Prohibition on availability of funds for retirement

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

(b)

Additional prohibition on retirement

In addition to the prohibition 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.

(c)

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 that includes, at a minimum, the following:

(1)

The rationale for the retirement of existing EC–130H Compass Call aircraft, including an operational analysis of the impact of such retirements on the warfighting requirements of the combatant commanders.

(2)

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

(3)

A review of operating concepts for airborne electronic attack.

(4)

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

(5)

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

(6)

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

(7)

A plan for how the Air Force will recapitalize the capability requirement of the EC–130H Compass Call mission in the future, whether through a replacement program or by integrating such capabilities onto an existing platform.

(8)

If the plan under paragraph (7) includes integrating such capabilities onto an existing platform, an analysis that verifies that such platform has the space, weight, cooling, and power necessary to support the integration of the EC–130H Compass Call capability.

(9)

Such other matters relating to the required mission capabilities and transition of the EC–130H Compass Call fleet as the Secretary considers appropriate.

(d)

Form

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

(e)

Nonduplication of effort

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

144.

Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System, EC–130H Compass Call, and Airborne Warning and Control System aircraft

(a)

Prohibition

Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal years 2016 or 2017 for the Air Force may be obligated or expended to retire, or prepare to retire, any covered aircraft.

(b)

Exception

The prohibition in subsection (a) shall not apply to individual covered aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

(c)

Covered aircraft

In this section, the term covered aircraft means the following:

(1)

Joint Surveillance Target Attack Radar System aircraft.

(2)

EC–130H Compass Call aircraft.

(3)

Airborne Warning and Control System aircraft.

145.

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 obligated for the procurement of F–35A aircraft until the Secretary of the Air Force certifies to the congressional defense committees that F–35A aircraft delivered during fiscal year 2018 will have full combat capability, as determined as of the date of the enactment of this Act, with Block 3F hardware, software, and weapons carriage.

146.

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

(a)

Prohibition

Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal years 2016 or 2017 for the Air Force may be obligated or expended to retire, or prepare to retire, any KC–10 aircraft.

(b)

Exception

The prohibition in subsection (a) shall not apply to individual KC–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

147.

Limitation on availability of funds for 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 a period of 90 days elapses following the date on which the Secretary of the Air Force, the Secretary of the Army, the Chief of Staff of the Air Force, and the Chief of Staff of the Army, in consultation with the commanders of the XVIII Airborne Corps, the 82nd Airborne Division, and the United States Army Special Operations Command, jointly certify to the Committees on Armed Services of the Senate and the House of Representatives that—

(1)

the Secretary of the Air Force will maintain dedicated C–130 wings to support the daily training and contingency requirements of the XVIII Airborne Corps, the 82nd Airborne Division, and the 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; or

(2)

the failure to maintain such dedicated C–130 wings will not adversely affect the daily training requirement of such airborne and special operations units.

148.

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

(a)

Limitation

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

(1)

cause such aircraft to exceed any weight limitation; or

(2)

reduce the operational capability of such aircraft.

(b)

Waiver

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

(1)

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

(2)

notifies the congressional defense committees of such waiver.

149.

Limitation on availability of funds for T–1A Jayhawk aircraft

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for aircraft procurement, Air Force, for avionics modification to the T–1A Jayhawk aircraft, not more than 85 percent may be obligated or expended until a period of 30 days has elapsed following the date on which 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).

150.

Notification of retirement of B–1, B–2, and B–52 bomber aircraft

(a)

Notification

Except as provided by subsection (b), during the period preceding the date on which the long-range strike bomber aircraft achieves initial operational capability, the Secretary of the Air Force may not retire or prepare to retire covered aircraft during a fiscal year unless the Secretary includes in the defense budget materials for that fiscal year a notification of the proposed retirement, including the rationale for the retirement, the effects of the retirement, and how the Secretary will mitigate any risks relating to the retirement.

(b)

Exception

The notification requirement in subsection (a) shall not apply to individual covered aircraft that the Secretary determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

(c)

Definitions

In this section:

(1)

The term covered aircraft means B–1, B–2, and B–52 bomber aircraft.

(2)

The term defense budget materials has the meaning given that term in section 231(f) of title 10, United States Code.

151.

Inventory requirement for fighter aircraft of the Air Force

(a)

Inventory requirement

During the two-year period beginning on October 1, 2015, the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,900 aircraft, and a total primary mission aircraft inventory (combat-coded) of not less than 1,100 fighter aircraft.

(b)

Budget information regarding retirement of fighter aircraft

(1)

Report

If the Secretary proposes to retire fighter aircraft in a fiscal year, the Secretary shall include 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) a report setting forth the following:

(A)

The rationale and appropriate supporting analysis for the proposed retirement.

(B)

An assessment of the implications of such retirement for the Air Force, the Air National Guard, and the Air Force Reserve for the force mix ratio of fighter aircraft.

(C)

Such other matters relating to the proposed retirement as the Secretary considers appropriate.

(2)

Exception

Paragraph (1) shall not apply to individual fighter aircraft that the Secretary determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

(c)

Definitions

In this section:

(1)

The term fighter aircraft means an aircraft that is designated by a basic mission design series of A–10, F–15, F–16, F–22, or F–35.

(2)

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.

152.

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

(a)

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 and forward-basing such aircraft outside the continental United States.

(b)

Sense of Congress

It is the sense of Congress that the Secretary of the Air Force, in the strategic basing process for the F–35A aircraft, should continue to consider the benefits derived from sites that—

(1)

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

(2)

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

(3)

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

(4)

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

(5)

minimize the overall construction and operational costs.

E

Defense-wide, Joint, and Multiservice Matters

161.

Limitation on availability of funds for Joint Battle Command–Platform

(a)

Limitation

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

(b)

Report

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

162.

Report on Army and Marine Corps modernization plan for small arms

(a)

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.

(b)

Small arms

The small arms covered by the plan under subsection (a) shall include the following:

(1)

Pistols.

(2)

Carbines.

(3)

Rifles and automatic rifles.

(4)

Light machine guns.

(5)

Such other small arms as the Secretaries consider appropriate for purposes of the report required by subsection (a).

(c)

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.

163.

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

(a)

Use of different types of enhanced 5.56mm ammunition

(1)

Study

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the use of different types of enhanced 5.56mm ammunition by the Army and the Marine Corps.

(2)

Submission

Not later than 90 days after the date on which the contract is entered into under paragraph (1), the federally funded research and development center conducting the study under such paragraph shall submit to the Secretary the study, including any findings and recommendations of the federally funded research and development center.

(b)

Report

(1)

In general

Not later than 30 days after the date on which the Secretary receives the study under subsection (a)(2), the Secretary shall submit to the congressional defense committees a report on the study.

(2)

Matters included

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

(A)

The study, including any findings and recommendations of the federally funded research and development center that conducted the study.

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

(G)

Any findings, recommendations, comments, or plans that the Secretary determines appropriate.

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. 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. 213. Expansion of education partnerships to support technology transfer and transition.

Sec. 214. Improvement to coordination and communication of defense research activities.

Sec. 215. Reauthorization of Global Research Watch program.

Sec. 216. Reauthorization of defense research and development rapid innovation program.

Sec. 217. Science and technology activities to support business systems information technology acquisition programs.

Sec. 218. Department of Defense technology offset program to build and maintain the military technological superiority of the United States.

Sec. 219. Limitation on availability of funds for F–15 infrared search and track capability development.

Sec. 220. Limitation on availability of funds for development of the shallow water combat submersible.

Sec. 221. Limitation on availability of funds for the advanced development and manufacturing facility under the medical countermeasure program.

Sec. 222. Limitation on availability of funds for distributed common ground system of the Army.

Sec. 223. Limitation on availability of funds for distributed common ground system of the United States Special Operations Command.

Sec. 224. Limitation on availability of funds for Integrated Personnel and Pay System of the Army.

Subtitle C—Reports and other matters

Sec. 231. Streamlining the Joint Federated Assurance Center.

Sec. 232. Demonstration of Persistent Close Air Support capabilities.

Sec. 233. Strategies for engagement with Historically Black Colleges and Universities and Minority-serving Institutions of Higher Education.

Sec. 234. Report on commercial-off-the-shelf wide-area surveillance systems for Army tactical unmanned aerial systems.

Sec. 235. Report on Tactical Combat Training System Increment II.

Sec. 236. Report on technology readiness levels of the technologies and capabilities critical to the long-range strike bomber aircraft.

Sec. 237. Assessment of air-land mobile tactical communications and data network requirements and capabilities.

Sec. 238. Study of field failures involving counterfeit electronic parts.

Sec. 239. Airborne data link plan.

Sec. 240. Plan for advanced weapons technology war games.

Sec. 241. Independent assessment of F135 engine program.

Sec. 242. Comptroller General review of autonomic logistics information system for F–35 Lightning II aircraft.

Sec. 243. Sense of Congress regarding facilitation of a high quality technical workforce.

A

Authorization of Appropriations

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2016 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.

B

Program Requirements, Restrictions, and Limitations

211.

Centers for Science, Technology, and Engineering Partnership

(a)

In general

Chapter 139 of title 10, United States Code, is amended by inserting after section 2367 the following new section:

2368.

Centers for Science, Technology, and Engineering Partnership

(a)

Designation

(1)

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 this section referred to as Centers) in the recognized core competencies of the designee.

(2)

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 the Centers of the Secretary concerned in connection with the capability requirements of the Centers, so as to serve as recognized leaders in such capabilities throughout the Department of Defense and in the national technology and industrial base.

(3)

The Secretary of Defense, acting through the directors of the Centers, 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—

(A)

improve the efficiency and effectiveness of operations at Centers;

(B)

improve the support provided by the Centers for the elements of the Department of Defense who use the services of the Centers; and

(C)

enhance capabilities by reducing the cost and improving the performance and efficiency of executing laboratory missions.

(b)

Public-private partnerships

(1)

To achieve one or more objectives set forth in paragraph (2), the Secretary may authorize and establish incentives for the Director of a Center to enter into public-private cooperative arrangements (in this section referred to as a public-private partnership) to provide for any of the following:

(A)

For employees of the Center, academia, private industry, State and local governments, or other entities outside the Department of Defense to perform (under contract, subcontract, or otherwise) work related to the capabilities of the Center, including any work that—

(i)

involves one or more capabilities of the Center; and

(ii)

may be applicable to both the Department and commercial entities.

(B)

For private industry or other entities outside the Department of Defense to use for either Government or commercial purposes any capabilities of the Center that are not fully used for Department of Defense activities for any period determined to be consistent with the needs of the Department of Defense.

(2)

The objectives for exercising the authority provided in paragraph (1) are as follows:

(A)

To maximize the use of the capacity of a Center.

(B)

To reduce or eliminate the cost of ownership of a Center by the Department of Defense.

(C)

To reduce the cost of science, technology, and engineering activities of the Department of Defense.

(D)

To leverage private sector investment in—

(i)

such efforts as research and equipment recapitalization for a Center; and

(ii)

the promotion of the undertaking of commercial business ventures based on the capabilities of a Center, as determined by the director of the Center.

(E)

To foster cooperation and technology transfer between the armed forces, academia, private industry, and State and local governments.

(F)

To increase access by a Center to a skilled technical workforce that can contribute to the effective and efficient execution of the missions of the Department of Defense.

(G)

To increase the ability of a Center to access and use non-Department of Defense methods to develop and innovate and access capabilities that contribute to the effective and efficient execution of the missions of the Department of Defense.

(3)
(A)

Public-private partnerships entered into under paragraph (1) may be used for purposes relating to technology transfer and other authorities described in subparagraph (B).

(B)

The authorities described in this subparagraph are provisions of law that provide for cooperation and partnership by the Department of Defense with academia, private industry, and State and local governments, including the following:

(i)

Sections 3371 through 3375 of title 5.

(ii)

Sections 2194, 2358, 2371, 2511, 2539b, and 2563 of this title.

(iii)

Section 209 of title 35.

(iv)

Sections 8, 12, and 23 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3706, 3710a, and 3715).

(c)

Private sector use of excess capacity

Any capability of a Center made available to the private sector may be used to perform research and testing activities in order to make more efficient and economical use of Government-owned capabilities 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.

(d)

Crediting of amounts for performance

Amounts received by a Center for work performed under a public-private partnership may—

(1)

be credited to the appropriation or fund, including a working-capital or revolving fund, that incurs the cost of performing the work; or

(2)

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).

(e)

Availability of excess capacities to private-sector partners

Capacities of a Center may be made available for use by a private-sector entity under this section only if—

(1)

the use of the capacities will not have a significant adverse effect on the performance of the Center or the ability of the Center to achieve the mission of the Center, as determined by the Director of the Center; and

(2)

the private-sector entity agrees—

(A)

to reimburse the Department of Defense when required in accordance with the guidance of the Department for the direct and indirect costs (including any rental costs) that are attributable to the use of the capabilities by the private-sector entity, as determined by the Secretary of the military departments; and

(B)

to hold harmless and indemnify the United States from—

(i)

any claim for damages or injury to any person or property arising out of the use of the capabilities, except under the circumstances described in section 2563(c)(3) of this title; and

(ii)

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 capabilities during a war or national emergency.

(f)

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 by personnel of the Department of Defense to performance by a contractor.

(g)

Definitions

In this section:

(1)

The term capabilities, with respect to a Center for Science, Technology, and Engineering Partnership, means the facilities, equipment, personnel, intellectual property, and other assets that support the core competencies of the Center.

(2)

The term national technology and industrial base has the meaning given that term in section 2500 of this title.

(3)

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).

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2367 the following new item:

2368. Centers for Science, Technology, and Engineering Partnership.

.

212.

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 of title 10, United States Code, is amended—

(1)

in subsection (b)(1)(A), by inserting or, subject to subsection (g), 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;

(2)

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

(3)

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

(g)

Limitation on participation

(1)

The Secretary may not award scholarships or fellowships under this section to more than five individuals described in paragraph (2) per year.

(2)

An individual described in this paragraph is an individual who—

(A)

has not previously been awarded a scholarship or fellowship under the program under this section;

(B)

is not a citizen of the United States; and

(C)

is a citizen of a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995.

.

213.

Expansion of education partnerships to support technology transfer and transition

Section 2194 of title 10, United States Code, is amended—

(1)

in subsection (a), by inserting business, law, technology transfer or transition after mathematics,; and

(2)

in subsection (b)—

(A)

by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;

(B)

by inserting after paragraph (3) the following new paragraph (4):

(4)

providing in the defense laboratory sabbatical opportunities for faculty and internship opportunities for students;

; and

(C)

in paragraphs (5) and (6), as redesignated by subparagraph (A), by striking research projects both places it appears and inserting projects, including research and technology transfer or transition projects.

214.

Improvement to coordination and communication of defense research activities

(a)

In general

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

(1)

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

(a)

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

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

through development and distribution of clear technical communications to the public, military operators, acquisition organizations, and civilian and military decision-makers that conveys successes of research and engineering activities supported by the Department and the contributions of such activities to support national needs.

;

(2)

in subsection (b)—

(A)

by striking paragraph (3) and inserting the following new paragraph:

(3)

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

;

(B)

in paragraph (4), by striking ; and and inserting a semicolon;

(C)

in paragraph (5), by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following new paragraph:

(6)

that, in light of Defense research facilities being funded by the public, Defense research facilities are broadly authorized and encouraged to support national technological development goals and support technological missions of other departments and agencies of the Federal Government, when such support is determined by the Secretary of Defense to be in the best interests of the Federal Government.

.

(3)

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

(b)

Clerical amendment

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

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

.

215.

Reauthorization of Global Research Watch program

Section 2365 of title 10, United States Code, is amended—

(1)

in paragraphs (1) and (2) of subsection (b), by inserting and private sector persons after foreign nations both places it appears; and

(2)

in subsection (f), by striking September 30, 2015 and inserting September 30, 2025.

216.

Reauthorization of defense research and development rapid innovation program

(a)

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—

(1)

in subsection (d), by striking 2015 and inserting 2023; and

(2)

in subsection (g), by striking September 30, 2015 and inserting September 30, 2023.

(b)

Modification of guidelines for operation of program

Subsection (b) of such section is amended—

(1)

by amending paragraph (1) to read as follows:

(1)

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).

;

(2)

in paragraph (3), by striking the second sentence;

(3)

in paragraph (4)—

(A)

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

(B)

by striking the second sentence; and

(4)

by adding at the end, the following new paragraphs:

(5)

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.

(6)

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.

.

(c)

Repeal of report requirement

Such section is further amended—

(1)

by striking subsection (f); and

(2)

by redesignating subsection (g) as subsection (f).

217.

Science and technology activities to support business systems information technology acquisition programs

(a)

In general

The Secretary of Defense, acting through the Under Secretary of Defense for 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.

(b)

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.

(c)

Activities

(1)

In general

The set of activities established under subsection (a) may include the following:

(A)

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.

(B)

Funding of intramural and extramural research and development activities as described in subsection (e).

(2)

Current activities

The Secretary shall identify the current activities described in subparagraphs (A) and (B) of paragraph (1) that are being carried out as of the date of the enactment of this Act. The Secretary shall consider such current activities in determining the set of activities to establish pursuant to subsection (a).

(d)

Gap analysis

In establishing the set of activities under subsection (a), not later than 270 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretaries of the military departments and the heads of the Defense Agencies, shall conduct a gap analysis to identify activities that are not, as of such date, being pursued in the current science and technology program of the Department. The Secretary shall use such analysis in determining—

(1)

the set of activities to establish pursuant to subsection (a) that carry out the purposes specified in subsection (c)(1); and

(2)

the proposed funding requirements and timelines.

(e)

Funding of intramural and extramural research and development

(1)

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).

(2)

Eligible entities

For purposes of this subsection, an eligible entity includes the following:

(A)

Entities in the defense industry.

(B)

Institutions of higher education.

(C)

Small businesses.

(D)

Nontraditional defense contractors (as defined in section 2302 of title 10, United States Code).

(E)

Federally funded research and development centers, primarily for the purpose of improving technical expertise to support acquisition efforts.

(F)

Nonprofit research institutions.

(G)

Government laboratories and test centers, primarily for the purpose of improving technical expertise to support acquisition efforts.

(3)

Areas of interest

The areas of interest described in this paragraph are the following:

(A)

Management innovation, including personnel and financial management policy innovation.

(B)

Business process re-engineering.

(C)

Systems engineering of information technology business systems.

(D)

Cloud computing to support business systems and business processes.

(E)

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.

(F)

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.

(G)

Development of methodologies and tools to support development and operational test of large and complex business systems.

(H)

Analysis tools to allow decision-makers to make tradeoffs between requirements, costs, technical risks, and schedule in major automated information system acquisition programs.

(I)

Information security in major automated information system systems.

(J)

Innovative acquisition policies and practices to streamline acquisition of information technology systems.

(K)

Such other areas as the Secretary considers appropriate.

(f)

Priorities

(1)

In general

In carrying out the set of activities required by subsection (a), the Secretary shall give priority to—

(A)

projects that—

(i)

address the innovation and technology needs of the Department of Defense; and

(ii)

support activities of initiatives, programs, and offices identified by the Under Secretary and Deputy Chief Management Officer; and

(B)

the projects and programs identified in paragraph (2).

(2)

Projects and programs identified

The projects and programs identified in this paragraph are the following:

(A)

Major automated information system programs.

(B)

Projects and programs under the oversight of the Deputy Chief Management Officer.

(C)

Projects and programs relating to defense procurement acquisition policy.

(D)

Projects and programs of the agencies and field activities of the Office of the Secretary of Defense that support business missions such as finance, human resources, security, management, logistics, and contract management.

(E)

Military and civilian personnel policy development for information technology workforce.

218.

Department of Defense technology offset program to build and maintain the military technological superiority of the United States

(a)

Program established

(1)

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—

(A)

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 research funding of the Department of Defense and accelerating the commercialization of such technologies; and

(B)

developing and implementing new policies and acquisition and business practices.

(2)

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 established under paragraph (1), including—

(A)

criteria for an application for funding by a military department, Defense Agency, or a combatant command;

(B)

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;

(C)

the priorities, if any, to be provided to field or commercialize offset technologies developed by certain types of research funding of the Department; and

(D)

criteria for evaluation of an application for funding or changes to policies or acquisition and business practices by such a department, agency, or command for purposes of the program.

(b)

Applications for funding

(1)

In general

Under the program established under subsection (a)(1), not less frequently than annually, the Secretary shall 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 2371b of title 10, United States Code, as added by section 815, with appropriate entities for the fielding or commercialization of technologies.

(2)

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 Congressional earmark as defined pursuant to clause 9 of rule XXI of the Rules of the House of Representatives or any congressionally directed spending item as defined pursuant to paragraph 5 of rule XLIV of the Standing Rules of the Senate.

(c)

Funding

(1)

In general

Subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Defense-wide, not more than $300,000,000 may be used for each such fiscal year for the program established under subsection (a)(1).

(2)

Amount for directed energy

Of the funds specified in paragraph (1) for any of fiscal years 2016 through 2020, not more than $150,000,000 may be used for each such fiscal year for activities in the field of directed energy.

(d)

Transfer authority

(1)

In general

The Secretary may transfer funds available for the program established under subsection (a)(1) 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.

(2)

Supplement not supplant

The transfer authority provided in paragraph (1) is in addition to any other transfer authority available to the Secretary of Defense.

(e)

Termination

(1)

In general

The authority to carry out the program under subsection (a)(1) shall terminate on September 30, 2020.

(2)

Transfer after termination

Any amounts made available for the program that remain available for obligation on the date on which the program terminates may be transferred under subsection (d) during the 180-day period beginning on the date of the termination of the program.

219.

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

(a)

Limitation

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

(b)

Report

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Any other matters the Secretary determines appropriate.

220.

Limitation on availability of funds for development of the shallow water combat submersible

(a)

Limitation

Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for the development of the shallow water combat submersible of the United States Special Operations Command, not more than 50 percent may be obligated or expended until a period of 15 days elapses following the later of the date on which—

(1)

the Under Secretary of Defense for Acquisition, Technology, and Logistics designates a civilian official to be responsible for oversight of and assistance to the United States Special Operations Command for all undersea mobility programs; and

(2)

the Under Secretary, in coordination with the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command, submits to the congressional defense committees the report described in subsection (b).

(b)

Report described

The report described in this subsection is a report on the shallow water combat submersible program that includes the following:

(1)

An analysis of the reasons for cost and schedule overruns associated with the program, including with respect to the performance of contractors and subcontractors.

(2)

A revised timeline for initial and full operational capability of the shallow water combat submersible.

(3)

A description of the challenges associated with the integration with dry deck shelter and other diving technologies.

(4)

The projected cost to meet the total unit acquisition objective.

(5)

A plan to prevent, identify, and mitigate any additional cost and schedule overruns.

(6)

A description of any opportunities to recover cost or schedule overruns.

(7)

A description of any lessons that the Under Secretary may have learned from the shallow water combat submersible program that could be applied to future undersea mobility acquisition programs.

(8)

Any other matters that the Under Secretary considers appropriate.

221.

Limitation on availability of funds for the advanced development and manufacturing facility under the medical countermeasure program

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Defense-wide, for the advanced development and manufacturing facility, and the associated activities performed at such facility, under the medical countermeasure program of the chemical and biological defense program, not more than 75 percent may be obligated or expended until a period of 45 days elapses following the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (b).

(b)

Report

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

(1)

An overall description of the advanced development and manufacturing facility, including validated Department of Defense requirements.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Any other matters the Secretary of Defense determines appropriate.

(c)

Comptroller General review

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

222.

Limitation on availability of funds for distributed common ground system of the Army

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Army, for the distributed common ground system of the Army, not more than 75 percent may be obligated or expended until the Secretary of the Army—

(1)

conducts a review of the program planning for the distributed common ground system of the Army; and

(2)

submits to the appropriate congressional committees the report required by subsection (b)(1).

(b)

Report

(1)

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).

(2)

Matters included

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

(A)

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.

(B)

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.

(C)

A cost analysis of each such commercial software that compares performance with projected cost.

(D)

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.

(E)

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.

(F)

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.

(G)

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.

(c)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means—

(1)

the congressional defense committees; and

(2)

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

223.

Limitation on availability of funds for distributed common ground system of the United States Special Operations Command

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Defense-wide, for 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).

(b)

Report required

The Commander shall submit to the congressional defense committees and the Permanent Select Committee on Intelligence of the House of Representatives a report on the distributed common ground system. Such report shall include the following:

(1)

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.

(2)

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.

(3)

A cost analysis of each such commercial software that compares performance with projected cost.

(4)

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.

(5)

Identification of each component of the distributed common ground system special operations forces program that the Commander determines may be acquired through competitive means.

(6)

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.

(7)

An acquisition plan that leads to full operational capability prior to fiscal year 2019.

224.

Limitation on availability of funds for Integrated Personnel and Pay System of the Army

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Army, for the integrated personnel and pay system of the Army, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees a report that includes the following:

(1)

Updated and validated information regarding the performance of the current legacy personnel and pay system of the Army for each high-level objective and business outcome described in the business case for IPPS–A Increment II, dated December 2014, including justifications for threshold and objective values for the integrated personnel and pay system of the Army.

(2)

An explanation how the integrated personnel and pay system of the Army will enable significant change throughout the entire human resources enterprise.

(3)

A description for how the implementation of the capabilities in the integrated personnel and pay system of the Army will result in changes to the capabilities and services to be provided by the Defense Finance and Accounting Services, including an estimate of cost savings and manpower savings resulting from elimination of duplicative functions.

(4)

A description of alternative program approaches that could reduce the overall cost of development and deployment for the integrated personnel and pay system of the Army without delaying the current program schedule by more than six months.

C

Reports and other matters

231.

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—

(1)

in subparagraph (C), by striking , in coordination with the Center for Assured Software of the National Security Agency,; and

(2)

in subparagraph (E), by striking , in coordination with the Defense Microelectronics Activity,.

232.

Demonstration of Persistent Close Air Support capabilities

(a)

Joint demonstration required

Subject to the availability of funds, the Secretary of the Air Force, the Secretary of the Army, and the Director of the Defense Advanced Research Projects Agency may jointly conduct a demonstration of the persistent close air support capability during fiscal year 2016.

(b)

Parameters of demonstration

(1)

Selection and equipment of aircraft

If the demonstration under subsection (a) is conducted, 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.

(2)

Close air support operations

If the demonstration under subsection (a) is conducted, the demonstration shall include close air support operations that involve the following:

(A)

Multiple tactical radio networks representing diverse ground force user communities.

(B)

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.

(C)

Real-time sharing of blue force, aircraft, and target location data to reduce risks of fratricide.

(D)

Lightweight digital tools based on commercial-off-the-shelf technology for pilots and joint tactical air controllers.

(E)

Operations in simple and complex operating environments.

(c)

Assessment

If the demonstration under subsection (a) is conducted, the Secretary of the Air Force, the Secretary of the Army, and the Director of the Defense Advanced Research Projects Agency shall jointly—

(1)

assess the effect of the capabilities demonstrated as part of the demonstration required by subsection (a) on—

(A)

the time required to conduct close air support operations;

(B)

the effectiveness of blue force in achieving tactical objectives; and

(C)

the risk of fratricide and collateral damage;

(2)

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; and

(3)

provide to the congressional defense committees a briefing on the results of the demonstration, the assessment under paragraph (1), and the cost estimates under paragraph (2) by December 1, 2016.

233.

Strategies for engagement with Historically Black Colleges and Universities and Minority-serving Institutions of Higher Education

(a)

Basic research entities

(1)

Strategy

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

(2)

Elements

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

(b)

Office of the Secretary

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

(c)

Submission

(1)

Basic research entities

Not later than 180 days after the date of the enactment of this Act, the heads of each basic research entity shall each submit to the congressional defense committees the strategy developed by the head under subsection (a)(1).

(2)

Office of the Secretary

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the strategy developed under subsection (b).

(d)

Covered institution defined

In this section:

(1)

The term basic research entity means an entity of the Department of Defense that executes research, development, test, and evaluation budget activity 1 funding, as described in the Department of Defense Financial Management Regulation.

(2)

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

234.

Report on commercial-off-the-shelf wide-area surveillance systems for Army tactical unmanned aerial systems

(a)

Report

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

(b)

Elements

The market survey and assessment contained in the report under subsection (a) shall include—

(1)

specific details regarding the capabilities of current and commercial-off-the-shelf wide-area surveillance sensors that are, or could be, used on tactical unmanned aerial systems of the Army, including—

(A)

daytime and nighttime monitoring coverage;

(B)

video resolution outputs;

(C)

bandwidth requirements;

(D)

activity-based intelligence and forensic capabilities;

(E)

simultaneous region of interest monitoring capability;

(F)

interoperability with other sensors and subsystems currently used on such tactical unmanned aerial systems;

(G)

sensor weight;

(H)

sensor cost;

(I)

frame rates;

(J)

on-board processing capabilities; and

(K)

any other factors the Secretary considers relevant;

(2)

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

(3)

recommendations on the advisability and feasibility to upgrade or enhance wide-area surveillance sensors of such tactical unmanned aerial systems, as considered appropriate by the Secretary.

(c)

Form

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

235.

Report on Tactical Combat Training System Increment II

(a)

Report

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

(b)

Contents

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

An explanation of the acquisition strategy for the TCTS program.

(9)

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

(10)

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

236.

Report on technology readiness levels of the technologies and capabilities critical to the long-range strike bomber aircraft

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the technology readiness levels of the technologies and capabilities critical to the long-range strike bomber aircraft.

(b)

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.

237.

Assessment of air-land mobile tactical communications and data network requirements and capabilities

(a)

Assessment required

The Director of Cost Assessment and Program Evaluation shall seek to enter into a contract with a federally funded research and development center to conduct a comprehensive assessment of current and future requirements and capabilities of the Army with respect to air-land ad hoc, mobile tactical communications and data networks, including the technological feasibility, suitability, and survivability of such networks.

(b)

Elements

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

(1)

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.

(2)

Software requirements and capabilities, particularly with respect to communications and data network waveforms.

(3)

Hardware requirements and capabilities, particularly with respect to receiver and transmission technology, tactical communications, and data radios at all levels and on all platforms, all associated technologies, and their integration, compatibility, and interoperability.

(4)

Any other matters relevant or necessary for a comprehensive assessment of tactical networks or networking in the Warfighter Information Network-Tactical (Increments 1 and 2).

(c)

Independent entity

The Director shall select a federally funded research and development center 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).

(d)

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 separate comments of the Secretary of Defense and the Secretary of the Army.

238.

Study of field failures involving counterfeit electronic parts

(a)

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 supply chain of the Department and into fielded systems.

(b)

Matters included

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

(1)

The technical analysis conducted under paragraph (1) of subsection (c).

(2)

The report on the technical assessment submitted under paragraph (3)(B) of subsection (c).

(3)

Recommendations for such legislative and administrative action, including budget requirements, as the Secretary considers necessary to conduct sampling and technical hardware analyses of counterfeit parts in identified areas of high concern.

(c)

Execution and technical analysis

(1)

In general

The Secretary shall direct the executive agent for printed circuit board technology designated under section 256(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2501 note) to coordinate the execution of the study under subsection (a) using capabilities of the Department in effect on the day before the date of the enactment of this Act to conduct a technical analysis on a sample of failed electronic parts in fielded systems.

(2)

Elements

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

(A)

The selection of a representative sample of electronic component types, including digital, mixed-signal, and analog integrated circuits.

(B)

An assessment of the presence of counterfeit parts, including causes and attributes of failures of any identified counterfeit part.

(C)

For components found to have counterfeit parts, an assessment of the effect of the counterfeit part in the failure mechanism.

(D)

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.

(3)

Technical assessment

For any parts assessed under paragraph (2) that demonstrate unusual or suspicious failure mechanisms, 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) shall—

(A)

conduct a technical assessment for indications of malicious tampering; and

(B)

submit to the executive agent described in paragraph (1) a report on the findings of the federation with respect to the technical assessment.

(d)

Report

(1)

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).

(2)

Contents

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

(A)

The findings of the Secretary with respect to the study conducted under subsection (a).

(B)

The recommendations developed under subsection (b)(3).

239.

Airborne data link plan

(a)

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 Navy and the Secretary of the Air Force, develop a plan—

(1)

to provide objective survivable communications gateways to enable—

(A)

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 aircraft; and

(B)

the secure reception and dissemination of sensor data from low-observable penetrating aircraft, such as the F–22 and F–35 aircraft;

(2)

to provide secure data sharing between the fifth-generation fighter aircraft of the Navy, the Air Force, and the Marine Corps, with minimal changes to the outer surfaces of the aircraft and to aircraft operational flight programs; and

(3)

to enable secure data sharing between fifth-generation and fourth-generation aircraft in jamming environments.

(b)

Additional plan requirements

The plan under 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.

(c)

Briefing

Not later than February 15, 2016, the Under Secretary and the Vice Chairman shall jointly provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a briefing on the plan under subsection (a).

240.

Plan for advanced weapons technology war games

(a)

Plan required

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

(b)

Elements

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

(1)

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

(2)

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

(3)

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

(4)

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

(c)

Submission

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the plan under subsection (a) and a status update on the implementation of such plan.

241.

Independent assessment of F135 engine program

(a)

Assessment

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

(b)

Elements

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

(1)

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

(A)

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

(B)

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

(C)

the identification of any potential options for addressing such challenges.

(2)

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

(A)

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

(B)

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

(C)

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

(c)

Conduct of assessment

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

(d)

Report

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

242.

Comptroller General review of autonomic logistics information system for F–35 Lightning II aircraft

(a)

Report

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

(b)

Elements

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

243.

Sense of Congress regarding facilitation of a high quality technical workforce

It is the sense of Congress that the Secretary of Defense should explore using existing authorities for promoting science, technology, engineering, and mathematics programs, such as under section 233 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2193a note), to allow laboratories of the Department of Defense and federally funded research and development centers to help facilitate and shape a high quality scientific and technical future workforce that can support the needs of the Department.

III

Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

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

Sec. 312. Southern Sea Otter Military Readiness Areas.

Sec. 313. Modification of energy management reporting requirements.

Sec. 314. Revision to scope of statutorily required review of projects relating to potential obstructions to aviation so as to apply only to energy projects.

Sec. 315. Exclusions from definition of chemical substance under Toxic Substances Control Act.

Subtitle C—Logistics and Sustainment

Sec. 322. Repeal of limitation on authority to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine.

Sec. 323. Pilot programs for availability of working-capital funds for product improvements.

Subtitle D—Reports

Sec. 331. Modification of annual report on prepositioned materiel and equipment.

Sec. 332. Report on merger of Office of Assistant Secretary for Operational Energy Plans and Deputy Under Secretary for Installations and Environment.

Sec. 333. Report on equipment purchased noncompetitively from foreign entities.

Subtitle E—Other Matters

Sec. 341. Prohibition on contracts making payments for honoring members of the Armed Forces at sporting events.

Sec. 342. Military animals: transfer and adoption.

Sec. 343. Temporary authority to extend contracts and leases under the ARMS Initiative.

Sec. 344. Improvements to Department of Defense excess property disposal.

Sec. 345. Limitation on use of funds for Department of Defense sponsorships, advertising, or marketing associated with sports-related organizations or sporting events.

Sec. 346. Reduction in amounts available for Department of Defense headquarters, administrative, and support activities.

A

Authorization of Appropriations

301.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2016 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

B

Energy and Environment

311.

Limitation on procurement of drop-in fuels

(a)

In general

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

2922h.

Limitation on procurement of drop-in fuels

(a)

Limitation

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

(b)

Waiver

(1)

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

(2)

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

(A)

The rationale of the Secretary for issuing the waiver.

(B)

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

(C)

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

(c)

Definitions

In this section:

(1)

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

(2)

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

(3)

The term operational purposes

(A)

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

(B)

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

(4)

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

.

(b)

Clerical amendment

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

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

.

312.

Southern Sea Otter Military Readiness Areas

(a)

Establishment of the Southern Sea Otter Military Readiness Areas

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

7235.

Establishment of the Southern Sea Otter Military Readiness Areas

(a)

Establishment

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

(1)

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

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

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

(b)

Activities within the Southern Sea Otter Military Readiness Areas

(1)

Incidental takings under Endangered Species Act of 1973

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

(2)

Incidental takings under Marine Mammal Protection Act of 1972

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

(3)

Treatment as species proposed to be listed

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

(c)

Removal

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

(d)

Revision or termination of exceptions

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

(e)

Monitoring

(1)

In general

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

(2)

Reports

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

(f)

Definitions

In this section:

(1)

Southern sea otter

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

(2)

Take

The term take

(A)

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

(B)

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

(3)

Incidental taking

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

(4)

Military readiness activity

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

(5)

Optimum sustainable population

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

.

(b)

Clerical amendment

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

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

.

313.

Modification of energy management reporting requirements

Section 2925(a) of title 10, United States Code, is amended—

(1)

by striking paragraphs (4) and (7);

(2)

by redesignating paragraphs (5), (6), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respectively;

(3)

by amending paragraph (7), as redesignated by paragraph (2) of this section, to read as follows:

(7)

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.

;

(4)

by amending paragraph (9), as redesignated by such paragraph (2), to read as follows:

(9)

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

(5)

by adding at the end the following new paragraph:

(11)

At the discretion of the Secretary of Defense, a classified annex, as appropriate.

.

314.

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

(a)

Scope of section

Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4198; 49 U.S.C. 44718 note) is amended—

(1)

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

(2)

in subsection (c)(4), by striking readiness, and and all that follows and inserting readiness and to clearly communicate to such parties actions being taken by the Department of Defense under this section.;

(3)

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

(4)

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

(5)

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

(j)

Applicability of section

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

.

(b)

Definitions

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

(4)

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

(5)

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

(6)

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

.

315.

Exclusions from definition of chemical substance under Toxic Substances Control Act

Section 3(2)(B)(v) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended by striking , and and inserting and any component of such an article (limited to shot shells, cartridges, and components of shot shells and cartridges), and.

C

Logistics and Sustainment

322.

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.

323.

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

(a)

Pilot programs required

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

(b)

Limitation on availability of funds

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

D

Reports

331.

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:

(8)

A list of any equipment used in support of contingency operations slated for retrograde and subsequent inclusion in the prepositioned stocks.

.

332.

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

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

(1)

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

(2)

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

(3)

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

333.

Report on equipment purchased noncompetitively from foreign entities

(a)

Report required

Not later than March 30, 2016, the Secretary of Defense shall submit to the congressional defense committees a report containing a list of each contract awarded to a foreign entity outside of the national technology and industrial base, as described in section 2505(c) of title 10, United States Code, by the Department of Defense during fiscal years 2011 through 2015—

(1)

using procedures other than competitive procedures; and

(2)

for the procurement of equipment, weapons, weapons systems, components, subcomponents, or end-items with a value of $10,000,000 or more.

(b)

Elements of report

The report required by subsection (a) shall include, for each contract listed, each of the following:

(1)

An identification of the items purchased under the contract—

(A)

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

(B)

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

(C)

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

(2)

The rationale for using the exception or waiver.

(3)

A list of potential alternative manufacturing sources from the public and private sector that could be developed to establish competition for those items.

E

Other Matters

341.

Prohibition on contracts making payments for honoring members of the Armed Forces at sporting events

(a)

Prohibition

Subchapter I of chapter 134 of title 10, United States Code, is amended by inserting after section 2241a the following new section:

2241b.

Prohibition on contracts providing payments for activities at sporting events to honor members of the armed forces

(a)

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.

(b)

Construction

Nothing in subsection (a) shall be construed as prohibiting the Department of Defense 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.

.

(b)

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 134 of title 10, United States Code, is amended by inserting after the item relating to section 2241a the following new item:

2241b. Prohibition on contracts providing payments for activities at sporting events to honor members of the armed forces.

.

342.

Military animals: transfer and adoption

(a)

Availability for adoption

Section 2583(a) of title 10, United States Code, is amended by striking may in the matter preceding paragraph (1) and inserting shall.

(b)

Authorized recipients

Subsection (c) of section 2583 of title 10, United States Code, is amended to read as follows:

(c)

Authorized recipients

(1)

A military animal shall be made available for adoption under this section, in order of recommended priority—

(A)

by former handlers of the animal;

(B)

by other persons capable of humanely caring for the animal; and

(C)

by law enforcement agencies.

(2)

If the Secretary of the military department concerned determines that an adoption is justified under subsection (a)(2) under circumstances under which the handler of a military working dog is wounded in action, the dog shall be made available for adoption only by the handler. If the Secretary of the military department concerned determines that such an adoption is justified under circumstances under which the handler of a military working dog is killed in action or dies of wounds received in action, the military working dog shall be made available for adoption only by a parent, child, spouse, or sibling of the deceased handler.

.

(c)

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.

(d)

Location of retirement

Subsection (f) of such section is further amended—

(1)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2)

by inserting (1) before If the Secretary;

(3)

in paragraph (1), as designated by paragraph (2) of this subsection—

(A)

by striking , and no suitable adoption is available at the military facility where the dog is located,; and

(B)

in subparagraph (B), as designated by paragraph (1) of this subsection, by inserting within the United States after to another location; and

(4)

by adding at the end the following new paragraph (2):

(2)

Paragraph (1) shall not apply if at the time of retirement—

(A)

the dog is located outside the United States and a United States citizen or service member living abroad adopts the dog; or

(B)

the dog is located within the United States and suitable adoption is available where the dog is located.

.

(e)

Preference in adoption for former handlers

Such section is further amended—

(1)

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

(2)

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

(g)

Preference in adoption of retired military working dogs for former handlers

(1)

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.

(2)

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.

(3)

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.

.

343.

Temporary authority to extend contracts and leases under the ARMS Initiative

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

344.

Improvements to Department of Defense excess property disposal

(a)

Plan required

Not later than March 15, 2016, the Secretary of Defense shall submit to the congressional defense committees a plan for the improved management and oversight of the systems, processes, and controls involved in the disposition of excess non-mission essential equipment and materiel by the Defense Logistics Agency Disposition Services.

(b)

Contents of plan

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

(1)

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

(2)

Customer wait times.

(3)

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

(4)

Validation of materiel release orders.

(5)

Assuring adequate physical security for the storage of equipment.

(6)

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

(7)

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

(8)

Improving the reliability of Defense Logistics Agency Disposition Services data.

(9)

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

(10)

Validation of physical inventory against database entries.

(c)

Congressional briefing

By not later than March 15, 2016, the Secretary shall provide to the congressional defense committees a briefing on the actions taken to implement the plan required under subsection (a).

345.

Limitation on use of funds for Department of Defense sponsorships, advertising, or marketing associated with sports-related organizations or sporting events

Of the amounts authorized to be appropriated for the Department of Defense by this Act or otherwise made available to the Department for sponsorship, advertising, or marketing associated with sports-related organizations or sporting events, not more than 75 percent may be obligated or expended until the date on which the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of Accessions Policy—

(1)

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—

(A)

whether such sponsorships, advertising, and marketing are effective in meeting the recruiting objectives of the Department;

(B)

whether consistent metrics are used to evaluate the effectiveness of each such activity in generating leads and recruit accessions; and

(C)

whether the return on investment for such activities is sufficient to warrant the continuing use of Department funds for such activities; and

(2)

submits to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—

(A)

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

(B)

the results of the review required by paragraph (1), including an assessment of the extent to which the 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).

346.

Reduction in amounts available for Department of Defense headquarters, administrative, and support activities

(a)

Plan for achievement of cost savings

(1)

In general

Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall implement a plan to ensure that the Department of Defense achieves not less than $10,000,000,000 in cost savings from the headquarters, administrative, and support activities of the Department during the period beginning with fiscal year 2015 and ending with fiscal year 2019. The Secretary shall ensure that at least one half of the required cost savings are programmed for fiscal years before fiscal year 2018.

(2)

Treatment of savings pursuant to headquarters reduction

Documented savings achieved pursuant to the headquarters reduction requirement in subsection (b), other than savings achieved in fiscal year 2020, shall count toward the cost savings required by paragraph (1).

(3)

Treatment of savings pursuant to management activities

Documented savings in the human resources management, health care management, financial flow management, information technology infrastructure and management, supply chain and logistics, acquisition and procurement, and real property management activities of the Department during the period referred to in paragraph (1) may be counted toward the cost savings required by paragraph (1).

(4)

Treatment of savings pursuant to force structure revisions

Savings or reductions to military force structure or military operating units of the Armed Forces may not count toward the cost savings required by paragraph (1).

(5)

Reports

The Secretary shall include with the budget for the Department of Defense for each of fiscal years 2017, 2018, and 2019, as submitted to Congress pursuant to section 1105 of title 31, United States Code, a report describing and assessing the progress of the Department in implementing the plan required by paragraph (1) and in achieving the cost savings required by that paragraph.

(6)

Comptroller General assessments

Not later than 90 days after the submittal of each report required by paragraph (5), 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 report and of the extent to which the Department of Defense is in compliance with the requirements of this section.

(b)

Headquarters reductions

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall modify the headquarters reduction plan required by section 904 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 816; 10 U.S.C. 111 note) to ensure that it achieves savings in the total funding available for major Department of Defense headquarters activities by fiscal year 2020 that are not less than 25 percent of the baseline amount. The modified plan shall establish a specific savings objective for each major headquarters activity in each fiscal year through fiscal year 2020. The budget for the Department of Defense for each fiscal year after fiscal year 2016 shall reflect the savings required by the modified plan.

(2)

Baseline amount

For the purposes of this subsection, the baseline amount is the amount authorized to be appropriated by this Act for fiscal year 2016 for major Department of Defense headquarters activities, adjusted by a credit for reductions in such headquarters activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in earlier fiscal years in accordance with the December 2013 directive of the Secretary of Defense on headquarters reductions. The modified plan issued pursuant to paragraph (1) shall include an overall baseline amount for all of the major Department of Defense headquarters activities that credits reductions accomplished in earlier fiscal years in accordance with the December 2013 directive, and a specific baseline amount for each such headquarters activity that credits such reductions.

(3)

Major Department of Defense headquarters activities defined

In this subsection, the term major Department of Defense headquarters activities means the following:

(A)

Each of the following organizations:

(i)

The Office of the Secretary of Defense and the Joint Staff.

(ii)

The Office of the Secretary of the Army and the Army Staff.

(iii)

The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, Marine Corps.

(iv)

The Office of the Secretary of the Air Force and the Air Staff.

(v)

The Office of the Chief, National Guard Bureau, and the National Guard Joint Staff.

(B)
(i)

Except as provided in clause (ii), headquarters elements of each of the following:

(I)

The combatant commands, the sub-unified commands, and subordinate commands that directly report to such commands.

(II)

The major commands of the military departments and the subordinate commands that directly report to such commands.

(III)

The component commands of the military departments.

(IV)

The Defense Agencies, the Department of Defense field activities, and the Office of the Inspector General of the Department of Defense.

(V)

Department of Defense components that report directly to the organizations specified in subparagraph (A).

(ii)

Subordinate commands and direct-reporting components otherwise described in clause (i) that do not have significant functions other than operational, operational intelligence, or tactical functions, or training for operational, operational intelligence, or tactical functions, are not headquarters elements for purposes of this subsection.

(4)

Implementation

Not later than 120 days after the date of the enactment of this Act, the Secretary shall revise applicable guidance on the Department of Defense major headquarters activities as needed to—

(A)

incorporate into such guidance the definition of the term major Department of Defense headquarters activities as provided in paragraph (3);

(B)

ensure that the term headquarters element, as used in paragraph (3)(B), is consistently applied within such guidance to include—

(i)

senior leadership and staff functions of applicable commands and components; and

(ii)

direct support to senior leadership and staff functions of applicable commands and components and to higher headquarters;

(C)

ensure that the budget and accounting systems of the Department of Defense are modified to track funding for the major Department of Defense headquarters activities as separate funding lines; and

(D)

identify and address any deviation from the specific savings objective established for a headquarters activity in the modified plan issued by the Secretary pursuant to the requirement in paragraph (1).

(c)

Comprehensive review of headquarters and administrative and support activities

(1)

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 and administrative and support activities.

(2)

Elements

The review required by paragraph (1) shall address the following:

(A)

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.

(B)

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—

(i)

performing oversight and making policy;

(ii)

performing staff functions and services specific to the military department concerned;

(iii)

performing multi-department staff functions and services; and

(iv)

performing functions and services across the Department of Defense with respect to intelligence collection and analysis.

(C)

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—

(i)

the Joint Staff performing oversight and execution;

(ii)

the staff of the combatant commands performing only staff functions and services specific to the combatant command concerned; and

(iii)

the staff of the service component commands of the combatant commands performing only staff functions and services specific to the service component command concerned.

(D)

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.

(E)

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.

(F)

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—

(i)

whether or not the staff organization of each such entity has documented and periodically validated requirements for such entity;

(ii)

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

(iii)

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—

(I)

where in the organizational structure such staff functions, services, capabilities, and capacities would be established; and

(II)

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.

(G)

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—

(i)

to establish temporary or permanent subordinate joint commands or headquarters, including joint task forces, led by general or flag officers;

(ii)

to disestablish temporary or permanent subordinate joint commands or headquarters, including joint task forces, led by general or flag officers;

(iii)

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;

(iv)

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—

(I)

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

(II)

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;

(v)

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

(vi)

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.

(3)

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.

(4)

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).

IV

Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2016 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

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

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2016, as follows:

(1)

The Army, 475,000.

(2)

The Navy, 329,200.

(3)

The Marine Corps, 184,000.

(4)

The Air Force, 320,715.

402.

Revisions in permanent active duty end strength minimum levels

Section 691 of title 10, United States Code, is amended—

(1)

in subsection (b), by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 475,000.

(2)

For the Navy, 329,200.

(3)

For the Marine Corps, 184,000.

(4)

For the Air Force, 317,000.

; and

(2)

in subsection (e), by striking 0.5 percent and inserting 2 percent.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2016, as follows:

(1)

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

(2)

The Army Reserve, 198,000.

(3)

The Navy Reserve, 57,400.

(4)

The Marine Corps Reserve, 38,900.

(5)

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

(6)

The Air Force Reserve, 69,200.

(7)

The Coast Guard Reserve, 7,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for reserves on active duty in support of the reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2016, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 30,770.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 9,934.

(4)

The Marine Corps Reserve, 2,260.

(5)

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

(6)

The Air Force Reserve, 3,032.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2016 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 26,099.

(2)

For the Army Reserve, 7,395.

(3)

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

(4)

For the Air Force Reserve, 9,814.

414.

Fiscal year 2016 limitation on number of non-dual status technicians

(a)

Limitations

(1)

National Guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2016, may not exceed the following:

(A)

For the Army National Guard of the United States, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army Reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2016, may not exceed 595.

(3)

Air Force Reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2016, may not exceed 90.

(b)

Non-dual status technicians defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

415.

Maximum number of reserve personnel authorized to be on active duty for operational support

During fiscal year 2016, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2016 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b)

Construction of authorization

The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2016.

422.

Report on force structure of the Army

(a)

Report Required

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

(1)

An assessment by the Secretary of Defense of reports by the Secretary of the Army on the force structure of the Army submitted to Congress under section 1066 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1943) and section 1062 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3503).

(2)

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

(3)

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

(4)

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

(5)

A certification by the Secretary of Defense that the Secretary has reviewed the reports by the Secretary of the Army and the assessments of the Chairman of the Joint Chiefs of Staff and determined that an end strength for active duty personnel of the Army below the end strength level authorized in section 401(1) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3348) will be adequate to meet the national military strategy of the United States.

(6)

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

(7)

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

(b)

Form

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

V

Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Reinstatement of enhanced authority for selective early discharge of warrant officers.

Sec. 502. Equitable treatment of junior officers excluded from an all-fully-qualified-officers list because of administrative error.

Sec. 503. Enhanced flexibility for determination of officers to continue on active duty and for selective early retirement and early discharge.

Sec. 504. 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. 505. General rule for warrant officer retirement in highest grade held satisfactorily.

Sec. 506. Implementation of Comptroller General recommendation on the definition and availability of costs associated with general and flag officers and their aides.

Subtitle B—Reserve Component Management

Sec. 511. Continued service in the Ready Reserve by Members of Congress who are also members of the Ready Reserve.

Sec. 512. Clarification of purpose of reserve component special selection boards as limited to correction of error at a mandatory promotion board.

Sec. 513. 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. 514. Temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training.

Sec. 515. Assessment of Military Compensation and Retirement Modernization Commission recommendation regarding consolidation of authorities to order members of reserve components to perform duty.

Subtitle C—General Service Authorities

Sec. 521. Limited authority for Secretary concerned to initiate applications for correction of military records.

Sec. 522. Temporary authority to develop and provide additional recruitment incentives.

Sec. 523. Expansion of authority to conduct pilot programs on career flexibility to enhance retention of members of the Armed Forces.

Sec. 524. Modification of notice and wait requirements for change in ground combat exclusion policy for female members of the Armed Forces.

Sec. 525. Role of Secretary of Defense in development of gender-neutral occupational standards.

Sec. 526. Establishment of process by which members of the Armed Forces may carry an appropriate firearm on a military installation.

Sec. 527. Establishment of breastfeeding policy for the Department of the Army.

Sec. 528. Sense of Congress recognizing the diversity of the members of the Armed Forces.

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

Sec. 531. Enforcement of certain crime victim rights by the Court of Criminal Appeals.

Sec. 532. Department of Defense civilian employee access to Special Victims’ Counsel.

Sec. 533. Authority of Special Victims' Counsel to provide legal consultation and assistance in connection with various Government proceedings.

Sec. 534. Timely notification to victims of sex-related offenses of the availability of assistance from Special Victims’ Counsel.

Sec. 535. Additional improvements to Special Victims’ Counsel program.

Sec. 536. Enhancement of confidentiality of restricted reporting of sexual assault in the military.

Sec. 537. Modification of deadline for establishment of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 538. Improved Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces.

Sec. 539. Preventing retaliation against members of the Armed Forces who report or intervene on behalf of the victim of an alleged sex-related offence.

Sec. 540. Sexual assault prevention and response training for administrators and instructors of Senior Reserve Officers’ Training Corps.

Sec. 541. Retention of case notes in investigations of sex-related offenses involving members of the Army, Navy, Air Force, or Marine Corps.

Sec. 542. Comptroller General of the United States reports on prevention and response to sexual assault by the Army National Guard and the Army Reserve.

Sec. 543. Improved implementation of changes to Uniform Code of Military Justice.

Sec. 544. Modification of Rule 104 of the Rules for Courts-Martial to establish certain prohibitions concerning evaluations of Special Victims’ Counsel.

Sec. 545. Modification of Rule 304 of the Military Rules of Evidence relating to the corroboration of a confession or admission.

Subtitle E—Member Education, Training, and Transition

Sec. 551. Enhancements to Yellow Ribbon Reintegration Program.

Sec. 552. Availability of preseparation counseling for members of the Armed Forces discharged or released after limited active duty.

Sec. 553. Availability of additional training opportunities under Transition Assistance Program.

Sec. 554. Modification of requirement for in-resident instruction for courses of instruction offered as part of Phase II joint professional military education.

Sec. 555. Termination of program of educational assistance for reserve component members supporting contingency operations and other operations.

Sec. 556. Appointments to military service academies from nominations made by Delegates in Congress from the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Sec. 557. Support for athletic programs of the United States Military Academy.

Sec. 558. Condition on admission of defense industry civilians to attend the United States Air Force Institute of Technology.

Sec. 559. Quality assurance of certification programs and standards for professional credentials obtained by members of the Armed Forces.

Sec. 560. Prohibition on receipt of unemployment insurance while receiving post-9/11 education assistance.

Sec. 561. Job Training and Post-Service Placement Executive Committee.

Sec. 562. Recognition of additional involuntary mobilization duty authorities exempt from five-year limit on reemployment rights of persons who serve in the uniformed services.

Sec. 563. Expansion of outreach for veterans transitioning from serving on active duty.

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

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

Sec. 572. Impact aid for children with severe disabilities.

Sec. 573. 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. 574. Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

Subtitle G—Decorations and Awards

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

Subtitle H—Miscellaneous Reports and Other Matters

Sec. 591. Coordination with non-government suicide prevention organizations and agencies to assist in reducing suicides by members of the Armed Forces.

Sec. 592. Extension of semiannual reports on the involuntary separation of members of the Armed Forces.

Sec. 593. Report on preliminary mental health screenings for individuals becoming members of the Armed Forces.

Sec. 594. Report regarding new rulemaking under the Military Lending Act and Defense Manpower Data Center reports and meetings.

Sec. 595. Remotely piloted aircraft career field manning shortfalls.

A

Officer Personnel Policy

501.

Reinstatement of enhanced authority for selective early discharge of warrant officers

Section 580a of title 10, United States Code, is amended—

(1)

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

(2)

in subsection (c)—

(A)

by striking paragraph (3); and

(B)

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

502.

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

(a)

Officers on active-duty list

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

(E)

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

.

(b)

Officers on reserve active-Status list

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

(E)

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

.

(c)

Conforming amendments to special selection board authority

(1)

Regular components

Section 628(a)(1) of title 10, United States Code, is amended by striking or the name of a person that should have been placed on an all-fully-qualified-officers list under section 624(a)(3) of this title was not so placed,.

(2)

Reserve components

Section 14502(a)(1) of title 10, United States Code, is amended by striking or whose name was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,.

503.

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..

504.

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

(a)

Deferral authority

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

(c)

Deferred retirement of chaplains

(1)

The Secretary of the military department concerned may defer the retirement under subsection (a) of an officer serving in a general or flag officer grade who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force.

(2)

A deferment of the retirement of an officer referred to in paragraph (1) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.

(3)

The authority to defer the retirement of an officer referred to in paragraph (1) expires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.

.

(b)

Clerical amendments

(1)

Section heading

The heading of section 1253 of title 10, United States Code, is amended to read as follows:

1253.

Age 64: regular commissioned officers in general and flag officer grades; exceptions

.

(2)

Table of sections

The table of sections at the beginning of chapter 63 of title 10, United States Code, is amended by striking the item relating to section 1253 and inserting the following new item:

1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions.

.

505.

General rule for warrant officer retirement in highest grade held satisfactorily

Section 1371 of title 10, United States Code, is amended to read as follows:

1371.

Warrant officers: general rule

Unless entitled to a higher retired grade under some other provision of law, a warrant officer shall be retired in the highest regular or reserve warrant officer grade in which the warrant officer served satisfactorily, as determined by the Secretary concerned.

.

506.

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

(a)

Definition of costs

(1)

In general

For the purpose of providing a consistent approach to estimating and managing the full costs associated with general and flag officers and their aides, the Secretary of Defense shall direct the Director, Cost Assessment and Program Evaluation, to define the costs that could be associated with general and flag officers since 2001, including—

(A)

security details;

(B)

Government and commercial air travel;

(C)

general and flag officer per diem;

(D)

enlisted and officer aide housing and travel costs;

(E)

general and flag officer additional support staff and their travel, equipment, and per diem costs;

(F)

general and flag officer official residences; and

(G)

any other associated costs incurred due to the nature of their position.

(2)

Coordination

The Director, Cost Assessment and Program Evaluation, shall prepare the definition of costs under paragraph (1) in coordination with the Under Secretary of Defense for Personnel and Readiness and the Secretaries of the military departments.

(b)

Report On Costs Associated With General And Flag Officers and Aides

Not later than June 30, 2016, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the costs associated with general and flag officers and their enlisted and officer aides.

B

Reserve Component Management

511.

Continued service in the Ready Reserve by Members of Congress who are also members of the Ready Reserve

Section 10149 of title 10, United States Code, is amended—

(1)

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

(2)

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

(b)
(1)

In applying Ready Reserve continuous screening under this section, an individual who is both a member of the Ready Reserve and a Member of Congress may not be transferred to the Standby Reserve or discharged on account of the individual’s position as a Member of Congress.

(2)

The transfer or discharge of an individual who is both a member of the Ready Reserve and a Member of Congress may be ordered—

(A)

only by the Secretary of Defense or, in the case of a Member of Congress who also is a member of the Coast Guard Reserve, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy; and

(B)

only on the basis of the needs of the service, taking into consideration the position and duties of the individual in the Ready Reserve.

(3)

In this subsection, the term Member of Congress includes a Delegate or Resident Commissioner to Congress and a Member-elect.

.

512.

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

Section 14502(b) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking a selection board and inserting a mandatory promotion board convened under section 14101(a) of this title; and

(B)

in subparagraphs (A) and (B), by striking selection board and inserting mandatory promotion board; and

(2)

in the first sentence of paragraph (3)—

(A)

by striking Such board and inserting The special selection board; and

(B)

by striking selection board and inserting mandatory promotion board.

513.

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

(a)

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.

(b)

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.

514.

Temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training

(a)

Authority

(1)

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 training to the following:

(A)

Members of the Armed Forces on active duty.

(B)

Members of foreign military forces who are in the United States.

(2)

Personnel

The personnel described in this paragraph are the following:

(A)

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 12310 of title 10, United States Code.

(B)

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 10216 of title 10, United States Code, and section 709(a) of title 32, United States Code.

(3)

Limitation

Not more than 50 members described in paragraph (2) may provide training and instruction under the authority in paragraph (1) at any one time.

(4)

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.

(b)

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 shortages in the number of pilot instructors within the Air Force using authorities available to the Secretary under current law.

515.

Assessment of Military Compensation and Retirement Modernization Commission recommendation regarding consolidation of authorities to order members of reserve components to perform duty

(a)

Assessment required

The Secretary of Defense shall conduct an assessment of the recommendation of the Military Compensation and Retirement Modernization Commission regarding consolidation of statutory authorities by which members of the reserve components of the Armed Forces may be ordered to perform duty. The Secretary shall specifically assess each of the six broader duty statuses recommended by the Commission as replacements for the 30 reserve component duty statuses currently authorized to determine whether consolidation will increase efficiency in the reserve components.

(b)

Submission of report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the Secretary’s assessment. If, as a result of the assessment, the Secretary determines that an alternate approach to consolidation of the statutory authorities described in subsection (a) is preferable, the Secretary shall submit the alternate approach, including a draft of such legislation as would be necessary to amend titles 10, 14, 32, and 37 of the United States Code and other provisions of law in order to implement the Secretary’s approach by October 1, 2018.

C

General Service Authorities

521.

Limited authority for Secretary concerned to initiate applications for correction of military records

Section 1552(b) of title 10, United States Code, is amended—

(1)

in the first sentence—

(A)

by striking or his heir or legal representative and inserting (or the claimant’s heir or legal representative) or the Secretary concerned; and

(B)

by striking he discovers and inserting discovering; and

(2)

in the second sentence, by striking However, a board and inserting the following: The Secretary concerned may file a request for correction of a military record only if the request is made on behalf of a group of members or former members of the armed forces who were similarly harmed by the same error or injustice. A board.

522.

Temporary authority to develop and provide additional recruitment incentives

(a)

Additional recruitment incentives authorized

The Secretary of a military department may develop and provide incentives, not otherwise authorized by law, to encourage individuals to accept an appointment as a commissioned officer, to accept an appointment as a warrant officer, or to enlist in an Armed Force under the jurisdiction of the Secretary.

(b)

Relation to other personnel authorities

A recruitment incentive developed under subsection (a) may be provided—

(1)

without regard to the lack of specific authority for the recruitment incentive under title 10 or 37, United States Code; and

(2)

notwithstanding any provision of such titles, or any rule or regulation prescribed under such provision, relating to methods of providing incentives to individuals to accept appointments or enlistments in the Armed Forces, including the provision of group or individual bonuses, pay, or other incentives.

(c)

Notice and wait requirement

The Secretary of a military department may not provide a recruitment incentive developed under subsection (a) until—

(1)

the Secretary submits to the congressional defense committees a plan regarding provision of the recruitment incentive, which includes—

(A)

a description of the incentive, including the purpose of the incentive and the potential recruits to be addressed by the incentive;

(B)

a description of the provisions of titles 10 and 37, United States Code, from which the incentive would require a waiver and the rationale to support the waiver;

(C)

a statement of the anticipated outcomes as a result of providing the incentive; and

(D)

a description of the method to be used to evaluate the effectiveness of the incentive; and

(2)

the expiration of the 30-day period beginning on the date on which the plan was received by Congress.

(d)

Limitation on number of incentives

The Secretary of a military department may not provide more than three recruitment incentives under the authority of this section.

(e)

Limitation on number of individuals receiving incentives

The number of individuals who receive one or more of the recruitment incentives provided under subsection (a) by the Secretary of a military department during a fiscal year for an Armed Force under the jurisdiction of the Secretary may not exceed 20 percent of the accession objective of that Armed Force for that fiscal year.

(f)

Duration of developed incentive

A recruitment incentive developed under subsection (a) may be provided for not longer than a three-year period beginning on the date on which the incentive is first provided, except that the Secretary of the military department concerned may extend the period if the Secretary determines that additional time is needed to fully evaluate the effectiveness of the incentive.

(g)

Reporting requirements

If the Secretary of a military department provides an recruitment incentive under subsection (a) for a fiscal year, the Secretary shall submit to the congressional defense committees a report, not later than 60 days after the end of the fiscal year, containing—

(1)

a description of each incentive provided under subsection (a) during that fiscal year; and

(2)

an assessment of the impact of the incentives on the recruitment of individuals for an Armed Force under the jurisdiction of the Secretary.

(h)

Termination of authority to provide incentives

Notwithstanding subsection (f); the authority to provide recruitment incentives under this section expires on December 31, 2020.

523.

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

(a)

Repeal of limitation on eligible participants

Subsection (b) of section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note) is repealed.

(b)

Repeal of limitation on number of participants

Subsection (c) of section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note) is repealed.

(c)

Conforming amendments

Section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note) is further amended—

(1)

by redesignating subsections (d) through (m) as subsections (b) through (k), respectively; and

(2)

in subsections (b)(1), (d), and (f)(3)(D) (as so redesignated), by striking subsection (e) each place it appears and inserting subsection (c).

524.

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

(a)

Rule for Ground Combat Personnel Policy

Section 652(a) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the first sentence, by striking before any such change is implemented and inserting not less than 30 calendar days before such change is implemented; and

(B)

by striking the second sentence; and

(2)

by striking paragraph (5).

(b)

Conforming amendment

Section 652(b)(1) of title 10, United States Code, is amended by inserting calendar before days.

525.

Role of Secretary of Defense in development of gender-neutral occupational standards

Section 524(a) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3361; 10 U.S.C. 113 note) is amended—

(1)

by striking and at the end of paragraph (1);

(2)

by striking the period at the end of paragraph (2) and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(3)

measure the combat readiness of combat units, including special operations forces.

.

526.

Establishment of process by which members of the Armed Forces may carry an appropriate firearm on a military installation

Not later than December 31, 2015, the Secretary of Defense, taking into consideration the views of senior leadership of military installations in the United States, shall establish and implement a process by which the commanders of military installations in the United States, or other military commanders designated by the Secretary of Defense for military reserve centers, Armed Services recruiting centers, and such other defense facilities as the Secretary may prescribe, may authorize a member of the Armed Forces who is assigned to duty at the installation, center or facility to carry an appropriate firearm on the installation, center, or facility if the commander determines that carrying such a firearm is necessary as a personal- or force-protection measure.

527.

Establishment of breastfeeding policy for the Department of the Army

The Secretary of the Army shall develop a comprehensive policy regarding breastfeeding by female members of the Army who are breastfeeding. At a minimum, the policy shall address the following:

(1)

The provision of a designated room or area that will provide the member with adequate privacy and cleanliness and that includes an electrical outlet to facilitate the use of a breast pump. Restrooms should not be considered an appropriate location.

(2)

An allowance for appropriate breaks, when practicable, to permit the member to breastfeed or utilize a breast pump.

528.

Sense of Congress recognizing the diversity of the members of the Armed Forces

(a)

Findings

Congress finds the following:

(1)

The United States military includes individuals with a variety of national, ethnic, and cultural backgrounds that have roots all over the world.

(2)

In addition to diverse backgrounds, members of the Armed Forces come from numerous religious traditions, including Christian, Hindu, Jewish, Muslim, Sikh, non-denominational, non-practicing, and many more.

(3)

Members of the Armed Forces from diverse backgrounds and religious traditions have lost their lives or been injured defending the national security of the United States.

(4)

Diversity contributes to the strength of the Armed Forces, and service members from different backgrounds and religious traditions share the same goal of defending the United States.

(5)

The unity of the Armed Forces reflects the strength in diversity that makes the United States a great nation.

(b)

Sense of congress

It is the sense of Congress that the United States should—

(1)

continue to recognize and promote diversity in the Armed Forces; and

(2)

honor those from all diverse backgrounds and religious traditions who have made sacrifices in serving the United States through the Armed Forces.

D

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

531.

Enforcement of certain crime victim rights by the Court of Criminal Appeals

Subsection (e) of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended to read as follows:

(e)

Enforcement by Court of Criminal Appeals

(1)

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 rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule.

(2)

If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order.

(3)

A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, and, to the extent practicable, shall have priority over all other proceedings before the court.

(4)

Paragraph (1) applies with respect to the protections afforded by the following:

(A)

This section (article).

(B)

Section 832 (article 32) of this title.

(C)

Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.

(D)

Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.

(E)

Military Rule of Evidence 514, relating to the victim advocate-victim privilege.

(F)

Military Rule of Evidence 615, relating to the exclusion of witnesses.

.

532.

Department of Defense civilian employee access to Special Victims’ Counsel

Section 1044e(a)(2) of title 10, United States Code, is amended by adding the following new subparagraph:

(C)

A civilian employee of the Department of Defense who is not eligible for military legal assistance under section 1044(a)(7) of this title, but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department concerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee.

.

533.

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—

(1)

by redesignating paragraph (9) as paragraph (10); and

(2)

by inserting after paragraph (8) the following new paragraph (9):

(9)

Legal consultation and assistance in connection with—

(A)

any complaint against the Government, including an allegation under review by an inspector general and a complaint regarding equal employment opportunities;

(B)

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

(C)

any correspondence or other communications with Congress.

.

534.

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

(a)

Timely notice described

Section 1044e(f) of title 10, United States Code, is amended—

(1)

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

(2)

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

(2)

Subject to such exceptions for exigent circumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel shall be provided to an individual described in subsection (a)(2) before any military criminal investigator or trial counsel interviews, or requests any statement from, the individual regarding the alleged sex-related offense.

.

(b)

Conforming amendment to related legal assistance authority

Section 1565b(a) of title 10, United States Code, is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

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

(3)

Subject to such exceptions for exigent circumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel under section 1044e of this title shall be provided to a member of the armed forces or dependent who is the victim of sexual assault before any military criminal investigator or trial counsel interviews, or requests any statement from, the member or dependent regarding the alleged sexual assault.

.

535.

Additional improvements to Special Victims’ Counsel program

(a)

Training time period and requirements

Section 1044e(d) of title 10, United States Code, is amended—

(1)

by inserting (1) before An individual;

(2)

by designating existing paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and

(3)

by adding at the end the following new paragraph:

(2)

The Secretary of Defense shall—

(A)

develop a policy to standardize the time period within which a Special Victims’ Counsel receives training; and

(B)

establish the baseline training requirements for a Special Victims’ Counsel.

.

(b)

Improved administrative responsibility

Section 1044e(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

The Secretary of Defense, in collaboration with the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating, shall establish—

(A)

guiding principles for the Special Victims’ Counsel program, to include ensuring that—

(i)

Special Victims’ Counsel are assigned to locations that maximize the opportunity for face-to-face communication between counsel and clients; and

(ii)

effective means of communication are available to permit counsel and client interactions when face-to-face communication is not feasible;

(B)

performance measures and standards to measure the effectiveness of the Special Victims’ Counsel program and client satisfaction with the program; and

(C)

processes by which the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating will evaluate and monitor the Special Victims’ Counsel program using such guiding principles and performance measures and standards.

.

(c)

Conforming amendment regarding qualifications

Section 1044(d)(2) of chapter 53 of title 10, United States Code is amended by striking meets the additional qualifications specified in subsection (d)(2) and inserting satisfies the additional qualifications and training requirements specified in subsection (d).

536.

Enhancement of confidentiality of restricted reporting of sexual assault in the military

(a)

Preemption of State law To ensure confidentiality of reporting

Section 1565b(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

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.

.

(b)

Clarification of scope

Section 1565b(b)(1) of title 10, United States Code, is amended by striking a dependent and inserting an adult dependent.

(c)

Definitions

Section 1565b of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

Definitions

In this section:

(1)

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.

(2)

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.

.

537.

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..

538.

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

(a)

Plan to improve prevention and response

The Secretary of Defense, in collaboration with the Secretaries of the military departments, shall develop a plan to improve Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces.

(b)

Elements

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

(1)

Sexual assault prevention and response training to more comprehensively and directly address the incidence of male members of the Armed Forces who are sexually assaulted and how certain behavior and activities, such as hazing, can constitute a sexual assault.

(2)

Methods to evaluate the extent to which differences exist in the medical and mental health-care needs of male and female sexual assault victims, and the care regimen, if any, that will best meet those needs.

(3)

Data-driven decision making to improve male-victim sexual assault prevention and response program efforts.

(4)

Goals with associated metrics to drive the changes needed to address sexual assaults of male members of the Armed Forces.

(5)

Information about the sexual victimization of males in communications to members that are used to raise awareness of sexual assault and efforts to prevent and respond to it.

(6)

Guidance for the department’s medical and mental health providers, and other personnel as appropriate, based on the results of the evaluation described in paragraph (2), that delineates these gender-specific distinctions and the care regimen that is recommended to most effectively meet those needs.

539.

Preventing retaliation against members of the Armed Forces who report or intervene on behalf of the victim of an alleged sex-related offence

(a)

Strategy required

The Secretary of Defense shall develop a comprehensive strategy to prevent retaliation carried out by members of the Armed Forces against other members who report or otherwise intervene on behalf of the victim of an alleged sex-related offence.

(b)

Elements

The comprehensive strategy required by subsection (a) shall include, at a minimum, the following:

(1)

Bystander intervention programs emphasizing the importance of guarding against retaliation.

(2)

Department of Defense and military department policies and requirements to ensure protection for victims of alleged sex-related offences and members who intervene on behalf of victims from retaliation.

(3)

Additional training for commanders on methods and procedures to combat attitudes and beliefs that result in retaliation.

(c)

Definitions

For purposes of this section:

(1)

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

(2)

The term retaliation has such meaning as may be given that term by the Secretary of Defense in the development of the strategy required by subsection (a).

540.

Sexual assault prevention and response training for administrators and instructors of Senior Reserve Officers’ Training Corps

The Secretary of a military department shall ensure that the commander of each unit of the Senior Reserve Officers’ Training Corps and all Professors of Military Science, senior military instructors, and civilian employees detailed, assigned, or employed as administrators and instructors of the Senior Reserve Officers’ Training Corps receive regular sexual assault prevention and response training and education.

541.

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

(a)

Retention of all investigative records required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update Department of Defense records retention policies to ensure that, for all investigations relating to an alleged sex-related offense (as defined in section 1044e(g) of title 10, United States Code) involving a member of the Army, Navy, Air Force, or Marine Corps, all elements of the case file shall be retained as part of the investigative records retained in accordance with section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note).

(b)

Elements

In updating records retention policies as required by subsection (a), the Secretary of Defense shall address, at a minimum, the following matters:

(1)

The elements of the case file to be retained must include, at a minimum, the case activity record, case review record, investigative plans, and all case notes made by an investigating agent or agents.

(2)

All investigative records must be retained for no less than 50 years.

(3)

No element of the case file may be destroyed until the expiration of the time that investigative records must be kept.

(4)

Records may be stored digitally or in hard copy, in accordance with existing law or regulations or additionally prescribed policy considered necessary by the Secretary of the military department concerned.

(c)

Consistent education and policy

The Secretary of Defense shall ensure that existing policy, education, and training are updated to reflect policy changes in accordance with subsection (a).

(d)

Uniform application to military departments

The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsections (a) is implemented uniformly by the military departments.

542.

Comptroller General of the United States reports on prevention and response to sexual assault by the Army National Guard and the Army Reserve

(a)

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—

(1)

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;

(2)

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

(3)

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.

(b)

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.

543.

Improved implementation of changes to Uniform Code of Military Justice

The Secretary of Defense shall examine the Department of Defense process for implementing statutory changes to the Uniform Code of Military Justice for the purpose of developing options for streamlining such process. The Secretary shall adopt procedures to ensure that legal guidance is published as soon as practicable whenever statutory changes to the Uniform Code of Military Justice are implemented.

544.

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.

545.

Modification of Rule 304 of the Military Rules of Evidence relating to the corroboration of a confession or admission

To the extent the President considers practicable, the President shall modify Rule 304(c) of the Military Rules of Evidence to conform to the rules governing the admissibility of the corroboration of admissions and confessions in the trial of criminal cases in the United States district courts.

E

Member Education, Training, and Transition

551.

Enhancements to Yellow Ribbon Reintegration Program

(a)

Scope and purpose

Section 582(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by striking combat veteran.

(b)

Eligibility

(1)

Definition

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by adding at the end the following new subsection:

(l)

Eligible individuals defined

For the purposes of this section, the term eligible individual means a member of a reserve component, a member of their family, or a designated representative who the Secretary of Defense determines to be eligible for the Yellow Ribbon Reintegration Program.

.

(2)

Conforming amendments

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(A)

in subsection (a), by striking National Guard and Reserve members and their families and inserting eligible individuals;

(B)

in subsection (b), by striking members of the reserve components of the Armed Forces, their families, and inserting eligible individuals;

(C)

in subsection (d)(2)(C), by striking members of the Armed Forces and their families and inserting eligible individuals;

(D)

in subsection (h), in the matter preceding paragraph (1)—

(i)

by striking members of the Armed Forces and their family members and inserting eligible individuals; and

(ii)

by striking such members and their family members and inserting such eligible individuals;

(E)

in subsection (j), by striking members of the Armed Forces and their families and inserting eligible individuals; and

(F)

in subsection (k), by striking individual members of the Armed Forces and their families and inserting eligible individuals.

(c)

Office for reintegration programs

Section 582(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(1)

in subparagraph (1)(B), by striking substance abuse and mental health treatment services and inserting substance abuse, mental health treatment, and other quality of life services; and

(2)

by adding at the end the following new paragraph:

(3)

Grants

The Office for Reintegration Programs may make grants to conduct data collection, trend analysis, and curriculum development and to prepare reports in support of activities under this section.

.

(d)

Operation of program

(1)

Enhanced flexibility

Subsection (g) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended to read as follows:

(g)

Operation of program

(1)

In general

The Office for Reintegration Programs shall assist State National Guard and Reserve organizations with the development and provision of information, events, and activities to support the health and well-being of eligible individuals before, during, and after periods of activation, mobilization, or deployment.

(2)

Focus of information, events, and activities

(A)

Before activation, mobilization, or deployment

Before a period of activation, mobilization, or deployment, the information, events, and activities described in paragraph (1) should focus on preparing eligible individuals and affected communities for the rigors of activation, mobilization, and deployment.

(B)

During activation, mobilization, or deployment

During such a period, the information, events, and activities described in paragraph (1) should focus on—

(i)

helping eligible individuals cope with the challenges and stress associated with such period;

(ii)

decreasing the isolation of eligible individuals during such period; and

(iii)

preparing eligible individuals for the challenges associated with reintegration.

(C)

After activation, mobilization, or deployment

After such a period, but no earlier than 30 days after demobilization, the information, events, and activities described in paragraph (1) should focus on—

(i)

reconnecting the member with their families, friends, and communities;

(ii)

providing information on employment opportunities;

(iii)

helping eligible individuals deal with the challenges of reintegration;

(iv)

ensuring that eligible individuals understand what benefits they are entitled to and what resources are available to help them overcome the challenges of reintegration; and

(v)

providing a forum for addressing negative behaviors related to operational stress and reintegration.

(3)

Member pay

Members shall receive appropriate pay for days spent attending such events and activities.

(4)

Minimum number of events and activities

The State National Guard and Reserve Organizations shall provide to eligible individuals—

(A)

one event or activity before a period of activation, mobilization, or deployment;

(B)

one event or activity during a period of activation, mobilization, or deployment; and

(C)

two events or activities after a period of activation, mobilization, or deployment.

.

(2)

Conforming amendments

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(A)

in subsection (a), by striking throughout the entire deployment cycle;

(B)

in subsection (b)—

(i)

by striking well-being through the 4 phases through the end of the subsection and inserting well-being.;

(ii)

in the heading, by striking ; Deployment Cycle;

(C)

in subsection (d)(2)(C), by striking throughout the deployment cycle described in subsection (g); and

(D)

in the heading of subsection (f), by striking State Deployment Cycle.

(e)

Additional permitted outreach service

Section 582(h) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by adding at the end the following new paragraph:

(16)

Stress management and positive coping skills.

.

(f)

Support of department-wide suicide prevention efforts

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by inserting after subsection (h) the following new subsection:

(i)

Support of suicide prevention efforts

The Office for Reintegration Programs shall assist the Defense Suicide Prevention Office and the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury to collect and analyze information, suggestions, and best practices from State National Guard and Reserve organizations with suicide prevention and community response programs.

.

(g)

Name change

Section 582(d)(1)(B) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended by striking Substance Abuse and the Mental Health Services Administration and inserting Substance Abuse and Mental Health Services Administration.

552.

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

Section 1142(a)(4) of title 10, United States Code, is amended—

(1)

in subparagraph (A), by striking that member's first 180 days of active duty and inserting the first 180 continuous days of active duty of the member; and

(2)

by adding at the end the following new subparagraph:

(C)

For purposes of calculating the days of active duty of a member under subparagraph (A), the Secretary concerned shall exclude any day on which—

(i)

the member performed full-time training duty or annual training duty; and

(ii)

the member attended, while in the active military service, a school designated as a service school by law or by the Secretary concerned.

.

553.

Availability of additional training opportunities under Transition Assistance Program

Section 1144 of title 10, United States Code, is amended by adding at the end the following new subsection:

(f)

Additional training opportunities

(1)

As part of the program carried out under this section, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy, shall permit a member of the armed forces eligible for assistance under the program to elect to receive additional training in any of the following subjects:

(A)

Preparation for higher education or training.

(B)

Preparation for career or technical training.

(C)

Preparation for entrepreneurship.

(D)

Other training options determined by the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy.

(2)

The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy, shall ensure that a member of the armed forces who elects to receive additional training in subjects available under paragraph (1) is able to receive the training.

.

554.

Modification of requirement for in-resident instruction for courses of instruction offered as part of Phase II joint professional military education

Section 2154(a)(2)(A) of title 10, United States Code, is amended by inserting , or offered through, after taught in residence at.

555.

Termination of program of educational assistance for reserve component members supporting contingency operations and other operations

(a)

In general

Chapter 1607 of title 10, United States Code, is amended by adding at the end the following new section:

16167.

Sunset

(a)

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.

(b)

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.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 1607 of title 10, United States Code, is amended by adding at the end the following new item:

16167. Sunset.

.

556.

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

(a)

United States Military Academy

Section 4342(a) of title 10, United States Code, is amended—

(1)

in paragraph (6), by striking Three and inserting Four;

(2)

in paragraph (8), by striking Three and inserting Four;

(3)

in paragraph (9), by striking Two and inserting Three; and

(4)

in paragraph (10), by striking Two and inserting Three.

(b)

United States Naval Academy

Section 6954(a) of title 10, United States Code, is amended—

(1)

in paragraph (6), by striking Three and inserting Four;

(2)

in paragraph (8), by striking Three and inserting Four;

(3)

in paragraph (9), by striking Two and inserting Three; and

(4)

in paragraph (10), by striking Two and inserting Three.

(c)

United States Air Force Academy

Section 9342(a) of title 10, United States Code, is amended—

(1)

in paragraph (6), by striking Three and inserting Four;

(2)

in paragraph (8), by striking Three and inserting Four;

(3)

in paragraph (9), by striking Two and inserting Three; and

(4)

in paragraph (10), by striking Two and inserting Three.

(d)

Effective Date

The amendments made by this section shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering these military service academies after the date of the enactment of this Act.

557.

Support for athletic programs of the United States Military Academy

(a)

In general

Chapter 403 of title 10, United States Code, is amended by adding at the end the following new section:

4362.

Support of athletic programs

(a)

Authority

(1)

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 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.

(2)

Financial controls

(A)

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.

(B)

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—

(i)

are consistent with the terms of the contract or cooperative agreement; and

(ii)

will not compromise the integrity or appearance of integrity of any program of the Department of the Army.

(3)

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 programs of the Academy.

(b)

Support services

(1)

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 programs of the Academy.

(2)

Support services defined

(A)

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.

(B)

Such term includes—

(i)

housing for Association personnel on United States Army Garrison, West Point, New York; and

(ii)

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.

(3)

No liability of the United States

Any such support services may only be provided without any liability of the United States to the Association.

(c)

Acceptance of support

(1)

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 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.

(2)

Funds received from NCAA

The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Academy.

(3)

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.

(d)

Trademarks and service marks

(1)

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.

(2)

Limitations

No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—

(A)

such agreement would reflect unfavorably on the ability of the Department of the 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

(B)

the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.

(e)

Retention and use of funds

Any funds received by the Secretary under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.

(f)

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.

(g)

Conditions

The authority provided in this section with respect to the Association is available only so long as the Association continues—

(1)

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

(2)

to operate exclusively to support the athletic programs of the Academy.

(h)

Association defined

In this section, the term Association means the Army West Point Athletic Association.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 403 of title 10, United States Code, is amended by adding at the end the following new item:

4362. Support of athletic programs.

.

558.

Condition on admission of defense industry civilians to attend the United States Air Force Institute of Technology

Section 9314a(c)(2) of title 10, United States Code, is amended by striking will be done on a space-available basis and not require an increase in the size of the faculty and inserting will not require an increase in the permanently authorized size of the faculty.

559.

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—

(1)

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

(2)

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

(c)

Quality assurance of certification programs and standards

(1)

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).

(2)

The requirements for accreditation bodies specified in this paragraph are requirements that an accreditation body—

(A)

be an independent body that has in place mechanisms to ensure objectivity and impartiality in its accreditation activities;

(B)

meet a recognized national or international standard that directs its policy and procedures regarding accreditation;

(C)

apply a recognized national or international certification standard in making its accreditation decisions regarding certification bodies and programs;

(D)

conduct on-site visits, as applicable, to verify the documents and records submitted by credentialing bodies for accreditation;

(E)

have in place policies and procedures to ensure due process when addressing complaints and appeals regarding its accreditation activities;

(F)

conduct regular training to ensure consistent and reliable decisions among reviewers conducting accreditations; and

(G)

meet such other criteria as the Secretary concerned considers appropriate in order to ensure quality in its accreditation activities.

.

560.

Prohibition on receipt of unemployment insurance while receiving post-9/11 education assistance

(a)

Effect of receipt of Post-9/11 Education Assistance

Section 8525(b) of title 5, United States Code, is amended—

(1)

in the matter preceding paragraph (1), by striking he receives and inserting the individual receives;

(2)

in paragraph (1), by striking or after the semicolon;

(3)

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

(4)

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

(2)

except in the case of an individual described in subsection (a), an educational assistance allowance under chapter 33 of title 38; or

.

(b)

Exception

Section 8525 of title 5, United States Code, is amended by inserting before subsection (b) the following new subsection:

(a)

Subsection (b)(2) does not apply to an individual who—

(1)

is otherwise entitled to compensation under this subchapter;

(2)

is described in section 3311(b) of title 38;

(3)

is not receiving retired pay under title 10; and

(4)

was discharged or released from service in the Armed Forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration (including through a reduction in force) under honorable conditions, but did not voluntarily separate from such service.

.

561.

Job Training and Post-Service Placement Executive Committee

Section 320 of title 38, United States Code, is amended—

(1)

in subsection (b)(2), by inserting a subordinate Job Training and Post-Service Placement Executive Committee, before and such other committees;

(2)

by adding at the end the following new subsection:

(e)

Job Training and Post-Service Placement Executive Committee

The Job Training and Post-Service Placement Executive Committee described in subsection (b)(2) shall—

(1)

review existing policies, procedures, and practices of the Departments (including the military departments) with respect to job training and post-service placement programs; and

(2)

identify changes to such policies, procedures, and practices to improve job training and post-service placement.

; and

(3)

in subsection (d)(2), by inserting , including with respect to job training and post-service placement before the period at the end.

562.

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

Section 4312(c)(4)(A) of title 38, United States Code, is amended by inserting after 12304, the following: 12304a, 12304b,.

563.

Expansion of outreach for veterans transitioning from serving on active duty

(a)

Expansion of pilot program

Section 5(c)(5) of the Clay Hunt Suicide Prevention for American Veterans Act (Public Law 114–2; 38 U.S.C. 1712A note) is amended—

(1)

in subparagraph (C), by striking ; and and inserting a semicolon;

(2)

in subparagraph (D), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(E)

conducts outreach to individuals transitioning from serving on active duty in the Armed Forces who are participating in the Transition Assistance Program of the Department of Defense or other similar transition programs to inform such individuals of the community oriented veteran peer support network under paragraph (1) and other support programs and opportunities that are available to such individuals.

.

(b)

Inclusion of information in interim report

Section 5(d)(1) of the Clay Hunt Suicide Prevention for American Veterans Act (Public Law 114–2; 38 U.S.C. 1712A note) is amended—

(1)

in subparagraph (C), by striking ; and and inserting a semicolon;

(2)

in subparagraph (D), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(E)

the number of veterans who—

(i)

received outreach from the Department of Veterans Affairs while serving on active duty as a member of the Armed Forces; and

(ii)

participated in a peer support program under the pilot program for veterans transitioning from serving on active duty.

.

F

Defense Dependents' Education and Military Family Readiness Matters

571.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2016 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

572.

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).

573.

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

(a)

Authority

Section 2243 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking the defense dependents’ education system and inserting overseas defense dependents’ schools; and

(B)

by striking students enrolled in that system and inserting students enrolled in such a school;

(2)

in subsection (d), by striking Department of Defense dependents' schools which are located outside the United States and inserting overseas defense dependents’ schools; and

(3)

by adding at the end the following new subsection:

(e)

Overseas defense dependents’ school defined

In this section, the term overseas defense dependents’ school means the following:

(1)

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.).

(2)

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.

.

(b)

Clerical amendments

(1)

Section heading

The heading of section 2243 of title 10, United States Code, is amended to read as follows:

2243.

Authority to use appropriated funds to support student meal programs in overseas defense dependents’ schools

.

(2)

Table of sections

The table of sections at the beginning of subchapter I of chapter 134 of title 10, United States Code, is amended by striking the item relating to section 2243 and inserting the following new item:

2243. Authority to use appropriated funds to support student meal programs in overseas defense dependents’ schools.

.

574.

Family support programs for immediate family members of members of the Armed Forces assigned to special operations forces

(a)

Extension of authority to conduct programs

Section 554(f) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1785 note) is amended by striking 2016 and inserting 2018.

(b)

Modification of reporting requirement

Subsection (g) of section 554 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1785 note) is amended to read as follows:

(g)

Report required

(1)

In general

Not later than March 1, 2016, and each March 1 thereafter though the conclusion of the pilot programs conducted under subsection (a), the Commander, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall submit to the congressional defense committees a report describing the progress made in achieving the goals of the pilot programs.

(2)

Elements of report

Each report under this subsection shall include the following for each pilot program:

(A)

A description of the pilot program to address family support requirements not being provided by the Secretary of a military department to immediate family members of members of the Armed Forces assigned to special operations forces.

(B)

An assessment of the impact of the pilot program on the readiness of members of the Armed Forces assigned to special operations forces.

(C)

A comparison of the pilot program to other programs conducted by the Secretaries of the military departments to provide family support to immediate family members of members of the Armed Forces.

(D)

Recommendations for incorporating the lessons learned from the pilot program into family support programs conducted by the Secretaries of the military departments.

(E)

Any other matters considered appropriate by the Commander or the Under Secretary of Defense for Personnel and Readiness.

.

G

Decorations and Awards

581.

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

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to Edward Halcomb who, while serving in Korea as a member of the United States Army in the grade of Private First Class in Company B, 1st Battalion, 29th Infantry Regiment, 24th Infantry Division, distinguished himself by acts of extraordinary heroism from August 20, 1950, to October 19, 1950, during the Korean War.

H

Miscellaneous Reports and Other Matters

591.

Coordination with non-government suicide prevention organizations and agencies to assist in reducing suicides by members of the Armed Forces

(a)

Development of policy

The Secretary of Defense, in consultation with the Secretaries of the military departments, may develop a policy to coordinate the efforts of the Department of Defense and non-government suicide prevention organizations regarding—

(1)

the use of such non-government organizations to reduce the number of suicides among members of the Armed Forces by comprehensively addressing the needs of members of the Armed Forces who have been identified as being at risk of suicide;

(2)

the delineation of the responsibilities within the Department of Defense regarding interaction with such organizations;

(3)

the collection of data regarding the efficacy and cost of coordinating with such organizations; and

(4)

the preparation and preservation of any reporting material the Secretary determines necessary to carry out the policy.

(b)

Suicide prevention efforts

The Secretary of Defense is authorized to take any necessary measures to prevent suicides by members of the Armed Forces, including by facilitating the access of members of the Armed Forces to successful non-governmental treatment regimen.

592.

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.

593.

Report on preliminary mental health screenings for individuals becoming members of the Armed Forces

(a)

Report on recommendations in connection with screenings

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility of conducting, before the enlistment or accession of an individual into the Armed Forces, a mental health screening of the individual to bring mental health screenings to parity with physical screenings of prospective members.

(b)

Elements

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

(1)

Recommendations with respect to establishing a secure, electronically-based preliminary mental health screening of new members of the Armed Forces.

(2)

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

594.

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

(a)

Report on new Military Lending Act rulemaking

Not later than 60 days after the issuance by the Secretary of Defense of the regulation issued with regard to section 987 of title 10, United States Code (commonly known as the Military Lending Act), and part of 232 of title 32, Code of Federal Regulations (its implementing regulation), the Secretary shall submit to the congressional defense committees a report that discusses—

(1)

the ability and reliability of the Defense Manpower Data Center in meeting real-time requests for accurate information needed to make a determination regarding whether a borrower is covered by the Military Lending Act; or

(2)

an alternate mechanism or mechanisms for identifying such covered borrowers.

(b)

Defense Manpower Data Center reports and meetings

(1)

Reports on accuracy, reliability, and integrity of systems

The Director of the Defense Manpower Data Center shall submit to the congressional defense committees reports on the accuracy, reliability, and integrity of the Defense Manpower Data Center systems used to identify covered borrowers and covered policyholders under military consumer protection laws. The first report is due six months after the date of the enactment of this Act, and the Director shall submit additional reports every six months thereafter through December 31, 2020, to show improvements in the accuracy, reliability, and integrity of such systems.

(2)

Report on plan to strengthen capabilities

Not later than six months after the date of the enactment of this Act, the Director of the Defense Manpower Data Center shall submit to the congressional defense committees a report on plans to strengthen the capabilities of the Defense Manpower Data Center systems, including staffing levels and funding, in order to improve the identification of covered borrowers and covered policyholders under military consumer protection laws.

(3)

Meetings with private sector users of systems

The Director of the Defense Manpower Data Center shall meet regularly with private sector users of Defense Manpower Data Center systems used to identify covered borrowers and covered policyholders under military consumer protection laws to learn about issues facing such users and to develop ways of addressing such issues. The first meeting pursuant to this requirement shall take place with three months after the date of the enactment of this Act.

595.

Remotely piloted aircraft career field manning shortfalls

(a)

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).

(b)

Report required

(1)

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.

(2)

Elements

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

(A)

A description of current and projected manning requirements and inventory levels for remotely piloted aircraft systems.

(B)

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.

(C)

Comparisons to other Air Force manned combat aircraft systems and units with respect to personnel policies, manpower authorization levels, and projected personnel inventory.

(D)

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.

(E)

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.

(F)

Recommendations for changes to existing legislation required to implement mitigation actions.

(G)

An assessment of the authorization levels of government civilian and contractor support required for sufficiency of remotely piloted aircraft career field manning.

(H)

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.

(I)

A description of any other matters concerning remotely piloted aircraft career field manning levels the Secretary of the Air Force determines to be appropriate.

(3)

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.

(4)

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.

VI

Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. No fiscal year 2016 increase in military basic pay for general and flag officers.

Sec. 602. Limitation on eligibility for supplemental subsistence allowances to members serving outside the United States and associated territory.

Sec. 603. Phased-in modification of percentage of national average monthly cost of housing usable in computation of basic allowance for housing inside the United States.

Sec. 604. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 605. Availability of information under the Food and Nutrition Act of 2008.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

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

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

Sec. 618. Repeal of obsolete authority to pay bonus to encourage Army personnel to refer persons for enlistment in the Army.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Transportation to transfer ceremonies for family and next of kin of members of the Armed Forces who die overseas during humanitarian operations.

Sec. 622. Repeal of obsolete special travel and transportation allowance for survivors of deceased members of the Armed Forces from the Vietnam conflict.

Sec. 623. Study and report on policy changes to the Joint Travel Regulations.

Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits

Part I—Retired Pay Reform

Sec. 631. Modernized retirement system for members of the uniformed services.

Sec. 632. Full participation for members of the uniformed services in the Thrift Savings Plan.

Sec. 633. Lump sum payments of certain retired pay.

Sec. 634. Continuation pay for full TSP members with 12 years of service.

Sec. 635. Effective date and implementation.

Part II—Other Matters

Sec. 641. Death of former spouse beneficiaries and subsequent remarriages under the Survivor Benefit Plan.

Subtitle E—Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations

Sec. 651. Plan to obtain budget-neutrality for the defense commissary system and the military exchange system.

Sec. 652. Comptroller General of the United States report on the Commissary Surcharge, Non-appropriated Fund, and Privately-Financed Major Construction Program.

Subtitle F—Other Matters

Sec. 661. Improvement of financial literacy and preparedness of members of the Armed Forces.

Sec. 662. Recordation of obligations for installment payments of incentive pays, allowances, and similar benefits when payment is due.

A

Pay and Allowances

601.

No fiscal year 2016 increase in military basic pay for general and flag officers

Section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for commissioned officers in 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. The rates of basic pay payable for such officers shall not increase during calendar year 2016.

602.

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—

(1)

in paragraph (1), by inserting and paragraph (4) after subsection (d); and

(2)

by adding at the end the following new paragraph:

(4)

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.

.

603.

Phased-in modification of percentage of national average monthly cost of housing usable in computation of basic allowance for housing inside the United States

Section 403(b)(3)(B) of title 37, United States Code, is amended by striking may not exceed one percent. and inserting the following: “may not exceed the following:

(i)

One percent for months occurring during 2015.

(ii)

Two percent for months occurring during 2016.

(iii)

Three percent for months occurring during 2017.

(iv)

Four percent for months occurring during 2018.

(v)

Five percent for months occurring after 2018.

.

604.

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

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2015 and inserting December 31, 2016.

605.

Availability of information under the Food and Nutrition Act of 2008

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.

B

Bonuses and Special and Incentive Pays

611.

One-year extension of certain bonus and special pay authorities for reserve forces

The following sections of title 37, United States Code, are amended by striking December 31, 2015 and inserting December 31, 2016: