[Congressional Record Volume 161, Number 87 (Tuesday, June 2, 2015)]
[Senate]
[Pages S3462-S3517]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1463. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 1735, to authorize appropriations for fiscal year
2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2016''.
SEC. 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.
(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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
Sec. 111. Amendment to cost limitation baseline for CVN-78 class
aircraft carrier program.
Sec. 112. Limitation on availability of funds for USS JOHN F. KENNEDY
(CVN-79).
Sec. 113. Limitation on availability of funds for USS ENTERPRISE (CVN-
80).
Sec. 114. Modification of CVN-78 class aircraft carrier program.
Sec. 115. Limitation on availability of funds for Littoral Combat Ship.
Sec. 116. Extension and modification of limitation on availability of
funds for Littoral Combat Ship.
Sec. 117. Construction of additional Arleigh Burke destroyer.
Sec. 118. Fleet Replenishment Oiler Program.
Sec. 119. Reporting requirement for Ohio-class replacement submarine
program.
Subtitle C--Air Force Programs
Sec. 131. Limitations on retirement of B-1, B-2, and B-52 bomber
aircraft.
Sec. 132. Limitation on retirement of Air Force fighter aircraft.
Sec. 133. Limitation on availability of funds for F-35A aircraft
procurement.
Sec. 134. Prohibition on retirement of A-10 aircraft.
Sec. 135. Prohibition on availability of funds for retirement of EC-
130H Compass Call aircraft.
Sec. 136. Limitation on transfer of C-130 aircraft.
Sec. 137. Limitation on use of funds for T-1A Jayhawk aircraft.
Sec. 138. Restriction on retirement of the Joint Surveillance Target
Attack Radar System (JSTARS), EC-130H Compass Call, and
Airborne Early Warning and Control (AWACS) Aircraft.
Sec. 139. Sense of Congress regarding the OCONUS basing of the F-35A
aircraft.
Sec. 140. Sense of Congress on F-16 Active Electronically Scanned Array
(AESA) radar upgrade.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Report on Army and Marine Corps modernization plan for small
arms.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Centers for Science, Technology, and Engineering Partnership.
Sec. 212. Department of Defense technology offset program to build and
maintain the military technological superiority of the
United States.
Sec. 213. Reauthorization of defense research and development rapid
innovation program.
Sec. 214. Reauthorization of Global Research Watch program.
Sec. 215. Science and technology activities to support business systems
information technology acquisition programs.
Sec. 216. Expansion of eligibility for financial assistance under
Department of Defense Science, Mathematics, and Research
for Transformation program to include citizens of
countries participating in The Technical Cooperation
Program.
Sec. 217. Streamlining the Joint Federated Assurance Center.
Sec. 218. Limitation on availability of funds for development of the
Shallow Water Combat Submersible.
Sec. 219. Limitation on availability of funds for distributed common
ground system of the Army.
Sec. 220. Limitation on availability of funds for distributed common
ground system of the United States Special Operations
Command.
Subtitle C--Other Matters
Sec. 231. Assessment of air-land mobile tactical communications and
data network requirements and capabilities.
Sec. 232. Study of field failures involving counterfeit electronic
parts.
Sec. 233. Demonstration of Persistent Close Air Support capabilities.
Sec. 234. Airborne data link plan.
Sec. 235. Report on Technology Readiness Levels of the technologies and
capabilities critical to the Long Range Strike Bomber
aircraft.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Modification of energy management reporting requirements.
Sec. 312. Report on efforts to reduce high energy costs at military
installations.
Sec. 313. Southern Sea Otter Military Readiness Areas.
Subtitle C--Logistics and Sustainment
Sec. 321. Repeal of limitation on authority to enter into a contract
for the sustainment, maintenance, repair, or overhaul of
the F117 engine.
Subtitle D--Reports
Sec. 331. Modification of annual report on prepositioned materiel and
equipment.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Modification of requirements for transferring aircraft within
the Air Force inventory.
Sec. 342. Limitation on use of funds for Department of Defense
sponsorships, advertising, or marketing associated with
sports-related organizations or sporting events.
Sec. 343. Temporary authority to extend contracts and leases under ARMS
initiative.
Subtitle F--Other Matters
Sec. 351. Streamlining of Department of Defense management and
operational headquarters.
Sec. 352. Adoption of retired military working dogs.
Sec. 353. Modification of required review of projects relating to
potential obstructions to aviation.
Sec. 354. Pilot program on intensive instruction in certain Asian
languages.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Enhancement of authority for management of end strengths for
military personnel.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2016 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Chief of the National Guard Bureau authority to increase
certain end strengths applicable to the Army National
Guard.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
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TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority of promotion boards to recommend officers of
particular merit be placed at the top of the promotion
list.
Sec. 502. Minimum grades for certain corps and related positions in the
Army, Navy, and Air Force.
Sec. 503. Enhancement of military personnel authorities in connection
with the defense acquisition workforce.
Sec. 504. Enhanced flexibility for determination of officers to
continue on active duty and for selective early
retirement and early discharge.
Sec. 505. Authority to defer until age 68 mandatory retirement for age
of a general or flag officer serving as Chief or Deputy
Chief of Chaplains of the Army, Navy, or Air Force.
Sec. 506. Reinstatement of enhanced authority for selective early
discharge of warrant officers.
Sec. 507. Authority to conduct warrant officer retired grade
determinations.
Subtitle B--Reserve Component Management
Sec. 511. Authority to designate certain reserve officers as not to be
considered for selection for promotion.
Sec. 512. Clarification of purpose of reserve component special
selection boards as limited to correction of error at a
mandatory promotion board.
Sec. 513. Reconciliation of contradictory provisions relating to
citizenship qualifications for enlistment in the reserve
components of the Armed Forces.
Sec. 514. Authority for certain Air Force reserve component personnel
to provide training and instruction regarding pilot
instructor training.
Subtitle C--General Service Authorities
Sec. 521. Duty required for eligibility for preseparation counseling
for members being discharged or released from active
duty.
Sec. 522. Expansion of pilot programs on career flexibility to enhance
retention of members of the Armed Forces.
Sec. 523. Sense of Senate on development of gender-neutral occupational
standards for occupational assignments in the Armed
Forces.
Subtitle D--Member Education and Training
PART I--Educational Assistance Reform
Sec. 531. Limitation on tuition assistance for off-duty training or
education.
Sec. 532. Termination of program of educational assistance for reserve
component members supporting contingency operations and
other operations.
Sec. 533. Reports on educational levels attained by certain members of
the Armed Forces at time of separation from the Armed
Forces.
Sec. 534. Sense of Congress on transferability of unused education
benefits to family members.
Sec. 535. No entitlement to unemployment insurance while receiving
Post-9/11 Education Assistance.
PART II--Other Matters
Sec. 536. Repeal of statutory specification of minimum duration of in-
resident instruction for courses of instruction offered
as part of Phase II joint professional military
education.
Sec. 537. Quality assurance of certification programs and standards for
professional credentials obtained by members of the Armed
Forces.
Sec. 538. Support for athletic programs of the United States Military
Academy.
Sec. 539. Online access to the higher education component of the
Transition Assistance Program.
Subtitle E--Military Justice
Sec. 546. Modification of Rule 304 of the Military Rules of Evidence
relating to the corroboration of a confession or
admission.
Sec. 547. Modification of Rule 104 of the Rules for Courts-Martial to
establish certain prohibitions concerning evaluations of
Special Victims' Counsel.
Sec. 548. Right of victims of offenses under the Uniform Code of
Military Justice to timely disclosure of certain
materials and information in connection with prosecution
of offenses.
Sec. 549. Enforcement of certain crime victims' rights by the Court of
Criminal Appeals.
Sec. 550. Release to victims upon request of complete record of
proceedings and testimony of courts-martial in cases in
which sentences adjudged could include punitive
discharge.
Sec. 551. Representation and assistance of victims by Special Victims'
Counsel in questioning by military criminal
investigators.
Sec. 552. Authority of Special Victims' Counsel to provide legal
consultation and assistance in connection with various
Government proceedings.
Sec. 553. Enhancement of confidentiality of restricted reporting of
sexual assault in the military.
Sec. 554. Establishment of Office of Complex Investigations within the
National Guard Bureau.
Sec. 555. Modification of deadline for establishment of Defense
Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces.
Sec. 556. Comptroller General of the United States reports on
prevention and response to sexual assault by the Army
National Guard and the Army Reserve.
Sec. 557. Sense of Congress on the service of military families and on
sentencing retirement-eligible members of the Armed
Forces.
Subtitle F--Defense Dependents Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Authority to use appropriated funds to support Department of
Defense student meal programs in domestic dependent
elementary and secondary schools located outside the
United States.
Sec. 564. Biennial surveys of military dependents on military family
readiness matters.
Subtitle G--Miscellaneous Reporting Requirements
Sec. 571. Extension of semiannual reports on the involuntary separation
of members of the Armed Forces.
Sec. 572. Remotely piloted aircraft career field manning shortfalls.
Subtitle H--Other Matters
PART I--Financial Literacy and Preparedness of Members of the Armed
Forces
Sec. 581. Improvement of financial literacy and preparedness of members
of the Armed Forces.
Sec. 582. Financial literacy training with respect to certain financial
services for members of the uniformed services.
Sec. 583. Sense of Congress on financial literacy and preparedness of
members of the Armed Forces.
PART II--Other Matters
Sec. 586. Authority for applications for correction of military records
to be initiated by the Secretary concerned.
Sec. 587. Recordation of obligations for installment payments of
incentive pays, allowances, and similar benefits when
payment is due.
Sec. 588. Enhancements to Yellow Ribbon Reintegration Program.
Sec. 589. Priority processing of applications for Transportation Worker
Identification Credentials for members undergoing
discharge or release from the Armed Forces.
Sec. 590. Issuance of Recognition of Service ID Cards to certain
members separating from the Armed Forces.
Sec. 591. Revised policy on network services for military services.
Sec. 592. Increase in number of days of active duty required to be
performed by reserve component members for duty to be
considered Federal service for purposes of unemployment
compensation for ex-servicemembers.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2016 increase in military basic pay.
Sec. 602. Modification of percentage of national average monthly cost
of housing usable in computation of basic allowance for
housing inside the United States.
Sec. 603. Extension of authority to provide temporary increase in rates
of basic allowance for housing.
Sec. 604. Basic allowance for housing for married members of the
uniformed services assigned for duty within normal
commuting distance and for other members living together.
Sec. 605. Repeal of inapplicability of modification of basic allowance
for housing to benefits under the laws administered by
the Secretary of Veterans Affairs.
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Sec. 606. Limitation on eligibility for supplemental subsistence
allowances to members serving outside the United States
and associated territory.
Sec. 607. Availability of information.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pays.
Sec. 616. Increase in maximum annual amount of nuclear officer bonus
pay.
Sec. 617. Repeal of obsolete authority to pay bonus to encourage Army
personnel to refer persons for enlistment in the Army.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Repeal of obsolete special travel and transportation
allowance for survivors of deceased members from the
Vietnam conflict.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
PART I--Retired Pay Reform
Sec. 631. Thrift Savings Plan participation for members of the
uniformed services.
Sec. 632. Modernized retirement system for members of the uniformed
services.
Sec. 633. Lump sum payments of certain retired pay.
Sec. 634. Continuation pay after 12 years of service for members of the
uniformed services participating in the modernized
retirement systems.
Sec. 635. Authority for retirement flexibility for members of the
uniformed services.
Sec. 636. Treatment of Department of Defense Military Retirement Fund
as a qualified trust.
PART II--Other Matters
Sec. 641. Death of former spouse beneficiaries and subsequent
remarriages under Survivor Benefit Plan.
Sec. 642. Transitional compensation and other benefits for dependents
of members of the Armed Forces ineligible to receive
retired pay as a result of court-martial sentence.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality
Benefits and Operations
Sec. 651. Commissary system matters.
Sec. 652. Plan on privatization of the defense commissary system.
Sec. 653. Comptroller General of the United States report on the
Commissary Surcharge, Non-appropriated Fund, and
Privately-Financed Major Construction Program.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Urgent care authorization under the TRICARE program.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program.
Sec. 703. Expansion of continued health benefits coverage to include
discharged and released members of the Selected Reserve.
Sec. 704. Expansion of reimbursement for smoking cessation services for
certain TRICARE beneficiaries.
Sec. 705. Pilot program on treatment of members of the Armed Forces for
post-traumatic stress disorder related to military sexual
trauma.
Subtitle B--Health Care Administration
Sec. 711. Access to health care under the TRICARE program.
Sec. 712. Portability of health plans under the TRICARE program.
Sec. 713. Improvement of mental health care provided by health care
providers of the Department of Defense.
Sec. 714. Comprehensive standards and access to contraception
counseling for members of the Armed Forces.
Sec. 715. Waiver of recoupment of erroneous payments due to
administrative error under the TRICARE program.
Sec. 716. Designation of certain non-Department mental health care
providers with knowledge relating to treatment of members
of the Armed Forces.
Sec. 717. Limitation on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 718. Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 719. Extension of authority for DOD-VA Health Care Sharing
Incentive Fund.
Sec. 720. Pilot program on incentive programs to improve health care
provided under the TRICARE program.
Subtitle C--Reports and Other Matters
Sec. 731. Publication of certain information on health care provided by
the Department of Defense through the Hospital compare
website of the Department of Health and Human Services.
Sec. 732. Publication of data on patient safety, quality of care,
satisfaction, and health outcome measures under the
TRICARE program.
Sec. 733. Annual report on patient safety, quality of care, and access
to care at military medical treatment facilities.
Sec. 734. Report on plans to improve experience with and eliminate
performance variability of health care provided by the
Department of Defense.
Sec. 735. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 736. Report on preliminary mental health screenings for
individuals becoming members of the Armed Forces.
Sec. 737. Comptroller General report on use of quality of care metrics
at military treatment facilities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Role of service chiefs in the acquisition process.
Sec. 802. Expansion of rapid acquisition authority.
Sec. 803. Middle tier of acquisition for rapid prototyping and rapid
fielding.
Sec. 804. Amendments to other transaction authority.
Sec. 805. Use of alternative acquisition paths to acquire critical
national security capabilities.
Sec. 806. Secretary of Defense waiver of acquisition laws to acquire
vital national security capabilities.
Sec. 807. Acquisition authority of the Commander of United States Cyber
Command.
Sec. 808. Advisory panel on streamlining and codifying acquisition
regulations.
Sec. 809. Review of time-based requirements process and budgeting and
acquisition systems.
Sec. 810. Improvement of program and project management by the
Department of Defense.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Preference for fixed-price contracts in determining contract
type for development programs.
Sec. 822. Applicability of cost and pricing data and certification
requirements.
Sec. 823. Risk-based contracting for smaller contract actions under the
Truth in Negotiations Act.
Sec. 824. Limitation on use of reverse auction and lowest price
technically acceptable contracting methods.
Sec. 825. Rights in technical data.
Sec. 826. Procurement of supplies for experimental purposes.
Sec. 827. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 828. Reporting related to failure of contractors to meet goals
under negotiated comprehensive small business
subcontracting plans.
Sec. 829. Competition for religious services contracts.
Sec. 830. Treatment of interagency and State and local purchases when
the Department of Defense acts as contract intermediary
for the General Services Administration.
Sec. 831. Pilot program for streamlining awards for innovative
technology projects.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 841. Acquisition strategy required for each major defense
acquisition program.
Sec. 842. Risk reduction in major defense acquisition programs.
Sec. 843. Designation of milestone decision authority.
Sec. 844. Revision of Milestone A decision authority responsibilities
for major defense acquisition programs.
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Sec. 845. Revision of Milestone B decision authority responsibilities
for major defense acquisition programs.
Sec. 846. Tenure and accountability of program managers for program
development periods.
Sec. 847. Tenure and accountability of program managers for program
execution periods.
Sec. 848. Repeal of requirement for stand-alone manpower estimates for
major defense acquisition programs.
Sec. 849. Penalty for cost overruns.
Sec. 850. Streamlining of reporting requirements applicable to
Assistant Secretary of Defense for Research and
Engineering regarding major defense acquisition programs.
Sec. 851. Configuration Steering Boards for cost control under major
defense acquisition programs.
Subtitle D--Provisions Relating to Commercial Items
Sec. 861. Inapplicability of certain laws and regulations to the
acquisition of commercial items and commercially
available off-the-shelf items.
Sec. 862. Market research and preference for commercial items.
Sec. 863. Continuing validity of commercial item determinations.
Sec. 864. Treatment of commercial items purchased as major weapon
systems.
Sec. 865. Limitation on conversion of procurements from commercial
acquisition procedures.
Sec. 866. Treatment of goods and services provided by nontraditional
contractors as commercial items.
Subtitle E--Other Matters
Sec. 871. Streamlining of requirements relating to defense business
systems.
Sec. 872. Acquisition workforce.
Sec. 873. Unified information technology services.
Sec. 874. Cloud strategy for Department of Defense.
Sec. 875. Development period for Department of Defense information
technology systems.
Sec. 876. Revisions to pilot program on acquisition of military purpose
non-developmental items.
Sec. 877. Extension of the Department of Defense Mentor-Protege pilot
program.
Sec. 878. Improved auditing of contracts.
Sec. 879. Survey on the costs of regulatory compliance.
Sec. 880. Government Accountability Office report on bid protests.
Sec. 881. Steps to identify and address potential unfair competitive
advantage of technical advisors to acquisition officials.
Sec. 882. HUBZone qualified disaster areas.
Sec. 883. Base closure HUBZones.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Update of statutory specification of functions of Chairman of
the Joint Chiefs of Staff relating to advice on
requirements, programs, and budget.
Sec. 902. Reorganization and redesignation of Office of Family Policy
and Office of Community Support for Military Families
with Special Needs.
Sec. 903. Repeal of requirement for annual Department of Defense
funding for Ocean Research Advisory Panel.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Annual audit of financial statements of Department of
Defense components by independent external auditors.
Sec. 1003. Treatment as part of the base budget of certain amounts
authorized for overseas contingency operations upon
enactment of an Act revising the Budget Control Act
discretionary spending limits for fiscal year 2016.
Sec. 1004. Sense of Senate on sequestration.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Extension and expansion of authority to provide additional
support for counter-drug activities of certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Studies of fleet platform architectures for the Navy.
Sec. 1022. Amendment to National Sea-Based Deterrence Fund.
Sec. 1023. Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat.
Subtitle D--Counterterrorism
Sec. 1031. Prohibition on use of funds to construct or modify
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1032. Limitation on the transfer or release of individuals
detained at United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Reenactment and modification of certain prior requirements
for certifications relating to transfer of detainees at
United States Naval Station, Guantanamo Bay, Cuba, to
foreign countries and other foreign entities.
Sec. 1034. Authority to temporarily transfer individuals detained at
United States Naval Station, Guantanamo Bay, Cuba, to the
United States for emergency or critical medical
treatment.
Sec. 1035. Prohibition on use of funds for transfer or release to Yemen
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1036. Report on current detainees at United States Naval Station,
Guantanamo Bay, Cuba, determined or assessed to be high
risk or medium risk.
Sec. 1037. Report to Congress on memoranda of understanding with
foreign countries regarding transfer of detainees at
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1038. Semiannual reports on use of United States Naval Station,
Guantanamo Bay, Cuba, and any other Department of Defense
or Bureau of Prisons prison or other detention or
disciplinary facility in recruitment and other propaganda
of terrorist organizations.
Sec. 1039. Extension and modification of authority to make rewards for
combating terrorism.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Assistance to secure the southern land border of the United
States.
Sec. 1042. Protection of Department of Defense installations.
Sec. 1043. Strategy to protect United States national security
interests in the Arctic region.
Sec. 1044. Extension of limitations on the transfer to the regular Army
of AH-64 Apache helicopters assigned to the Army National
Guard.
Sec. 1045. Treatment of certain previously transferred Army National
Guard helicopters as counting against number
transferrable under exception to limitation on transfer
of Army National Guard helicopters.
Sec. 1046. Management of military technicians.
Sec. 1047. Sense of Congress on consideration of the full range of
Department of Defense manpower worldwide in decisions on
the proper mix of military, civilian, and contractor
personnel to accomplish the National Defense Strategy.
Sec. 1048. Sense of Senate on the United States Marine Corps.
Subtitle F--Studies and Reports
Sec. 1061. Repeal of reporting requirements.
Sec. 1062. Termination of requirement for submittal to Congress of
reports required of the Department of Defense by statute.
Sec. 1063. Annual submittal to Congress of munitions assessments.
Sec. 1064. Potential role for United States ground forces in the
Pacific theater.
Subtitle G--Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Authority to provide training and support to personnel of
foreign ministries of defense.
Sec. 1083. Expansion of outreach for veterans transitioning from
serving on active duty.
Sec. 1084. Modification of certain requirements applicable to major
medical facility lease for a Department of Veterans
Affairs outpatient clinic in Tulsa, Oklahoma.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Required probationary period for new employees of the
Department of Defense.
Sec. 1102. Delay of periodic step increase for civilian employees of
the Department of Defense based upon unacceptable
performance.
Sec. 1103. Procedures for reduction in force of Department of Defense
civilian personnel.
Sec. 1104. United States Cyber Command workforce.
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Sec. 1105. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1106. Five-year extension of expedited hiring authority for
designated defense acquisition workforce positions.
Sec. 1107. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1108. Extension of rate of overtime pay for Department of the Navy
employees performing work aboard or dockside in support
of the nuclear-powered aircraft carrier forward deployed
in Japan.
Sec. 1109. Expansion of temporary authority to make direct appointments
of candidates possessing bachelor's degrees to scientific
and engineering positions at science and technology
reinvention laboratories.
Sec. 1110. Extension of authority for the civilian acquisition
workforce personnel demonstration project.
Sec. 1111. Pilot program on dynamic shaping of the workforce to improve
the technical skills and expertise at certain Department
of Defense laboratories.
Sec. 1112. Pilot program on temporary exchange of financial management
and acquisition personnel.
Sec. 1113. Pilot program on enhanced pay authority for certain
acquisition and technology positions in the Department of
Defense.
Sec. 1114. Pilot program on direct hire authority for veteran technical
experts into the defense acquisition workforce.
Sec. 1115. Direct hire authority for technical experts into the defense
acquisition workforce.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Training and Assistance
Sec. 1201. One-year extension of funding limitations for authority to
build the capacity of foreign security forces.
Sec. 1202. Extension and expansion of authority for reimbursement to
the Government of Jordan for border security operations.
Sec. 1203. Extension of authority to conduct activities to enhance the
capability of foreign countries to respond to incidents
involving weapons of mass destruction.
Sec. 1204. Redesignation, modification, and extension of National Guard
State Partnership Program.
Sec. 1205. Authority to provide support to national military forces of
allied countries for counterterrorism operations in
Africa.
Sec. 1206. Authority to build the capacity of foreign military
intelligence forces.
Sec. 1207. Prohibition on assistance to entities in Yemen controlled by
the Houthi movement.
Sec. 1208. Report on potential support for the vetted Syrian
opposition.
Subtitle B--Matters Relating to Afghanistan, Pakistan, and Iraq
Sec. 1221. Drawdown of United States forces in Afghanistan.
Sec. 1222. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1223. Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan.
Sec. 1224. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1225. Prohibition on transfer to violent extremist organizations
of equipment or supplies provided by the United States to
the Government of Iraq.
Sec. 1226. Report on lines of communication of Islamic State of Iraq
and the Levant and other foreign terrorist organizations.
Sec. 1227. Modification of protection for Afghan allies.
Sec. 1228. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1229. Sense of Senate on support for the Kurdistan Regional
Government.
Subtitle C--Matters Relating to Iran
Sec. 1241. Modification and extension of annual report on the military
power of Iran.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1251. Ukraine Security Assistance Initiative.
Sec. 1252. Eastern European Training Initiative.
Sec. 1253. Increased presence of United States ground forces in Eastern
Europe to deter aggression on the border of the North
Atlantic Treaty Organization.
Sec. 1254. Sense of Congress on European defense and North Atlantic
Treaty Organization spending.
Sec. 1255. Additional matters in annual report on military and security
developments involving the Russian Federation.
Sec. 1256. Report on alternative capabilities to procure and sustain
nonstandard rotary wing aircraft historically procured
through Rosoboronexport.
Subtitle E--Matters Relating to the Asia-Pacific Region
Sec. 1261. South China Sea Initiative.
Sec. 1262. Sense of Congress reaffirming the importance of implementing
the rebalance to the Asia-Pacific region.
Sec. 1263. Sense of Senate on Taiwan asymmetric military capabilities
and bilateral training activities.
Subtitle F--Reports and Related Matters
Sec. 1271. Item in quarterly reports on assistance to counter the
Islamic State of Iraq and the Levant on forces ineligible
to receive assistance due to a gross violation of human
rights.
Sec. 1272. Report on bilateral agreement with Israel on joint
activities to establish an anti-tunneling defense system.
Sec. 1273. Sense of Senate and report on Qatar fighter aircraft
capability contribution to regional security.
Subtitle G--Other Matters
Sec. 1281. NATO Special Operations Headquarters.
Sec. 1282. Two-year extension and modification of authorization for
non-conventional assisted recovery capabilities.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Inspections of the Armed Forces Retirement Home by the
Inspector General of the Department of Defense.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.
Sec. 1511. Counterterrorism Partnerships Fund.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations, Reports, and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. Availability of Joint Improvised Explosive Device Defeat
Fund funds for training of foreign security forces to
defeat improvised explosive devices.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Integrated policy to deter adversaries in space.
Sec. 1602. Principal advisor on space control.
Sec. 1603. Exception to the prohibition on contracting with Russian
suppliers of rocket engines for the evolved expendable
launch vehicle program.
Sec. 1604. Elimination of launch capabilities contracts under evolved
expendable launch vehicle program.
Sec. 1605. Allocation of funding for evolved expendable launch vehicle
program.
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Sec. 1606. Inclusion of plan for development and fielding of a full-up
engine in rocket propulsion system development program.
Sec. 1607. Limitations on availability of funds for the Defense
Meteorological Satellite program.
Sec. 1608. Quarterly reports on Global Positioning System III space
segment, Global Positioning System operational control
segment, and Military Global Positioning System user
equipment acquisition programs.
Sec. 1609. Plan for consolidation of acquisition of commercial
satellite communications services.
Sec. 1610. Council on Oversight of the Department of Defense
Positioning, Navigation, and Timing Enterprise.
Sec. 1611. Analysis of alternatives for wide-band communications.
Sec. 1612. Expansion of goals for pilot program for acquisition of
commercial satellite communication services.
Sec. 1613. Streamline commercial space launch activities.
Subtitle B--Cyber Warfare, Cyber Security, and Related Matters
Sec. 1621. Authorization of military cyber operations.
Sec. 1622. Designation of Department of Defense entity responsible for
acquisition of critical cyber capabilities.
Sec. 1623. Incentive for submittal to Congress by President of
integrated policy to deter adversaries in cyberspace.
Sec. 1624. Authorization for procurement of relocatable Sensitive
Compartmented Information Facility.
Sec. 1625. Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense.
Sec. 1626. Assessment of capabilities of United States Cyber Command to
defend the United States from cyber attacks.
Sec. 1627. Biennial exercises on responding to cyber attacks against
critical infrastructure.
Subtitle C--Nuclear Forces
Sec. 1631. Designation of Air Force officials to be responsible for
policy on and procurement of nuclear command, control,
and communications systems.
Sec. 1632. Comptroller General of the United States review of
recommendations relating to the nuclear security
enterprise.
Sec. 1633. Assessment of global nuclear environment.
Sec. 1634. Deadline for Milestone A decision on long-range standoff
weapon.
Sec. 1635. Availability of Air Force procurement funds for certain
commercial off-the-shelf parts for intercontinental
ballistic missile fuzes.
Sec. 1636. Sense of Congress on policy on the nuclear triad.
Subtitle D--Missile Defense Programs
Sec. 1641. Plan for expediting deployment time of continental United
States interceptor site.
Sec. 1642. Additional missile defense sensor coverage for the
protection of the United States homeland.
Sec. 1643. Air defense capability at North Atlantic Treaty Organization
missile defense sites.
Sec. 1644. Availability of funds for Iron Dome short-range rocket
defense system.
Sec. 1645. Israeli cooperative missile defense program codevelopment
and potential coproduction.
Sec. 1646. Development and deployment of multiple-object kill vehicle
for missile defense of the United States homeland.
Sec. 1647. Requirement to replace capability enhancement I
exoatmospheric kill vehicles.
Sec. 1648. Airborne boost phase defense system.
Sec. 1649. Extension of limitation on providing certain sensitive
missile defense information to the Russian Federation.
Sec. 1650. Extension of requirement for Comptroller General of the
United States review and assessment of missile defense
acquisition programs.
Subtitle E--Other Matters
Sec. 1661. Measures in response to violations of the Intermediate-Range
Nuclear Forces Treaty by the Russian Federation.
Sec. 1662. 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. 1663. Milestone A decision for the Conventional Prompt Global
Strike Weapons System.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2013 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2012
projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2108. Additional authority to carry out certain fiscal year 2016
project.
Sec. 2109. Limitation on construction of new facilities at Guantanamo
Bay, Cuba.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorizations of certain fiscal year 2012
projects.
Sec. 2206. Extension of authorizations of certain fiscal year 2013
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2306. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2308. Extension of authorization of certain fiscal year 2012
project.
Sec. 2309. Extension of authorization of certain fiscal year 2013
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2012 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2012
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2407. Modification and extension of authority to carry out certain
fiscal year 2014 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Others Matters
Sec. 2611. Modification and extension of authority to carry out certain
fiscal year 2013 project.
Sec. 2612. Modification of authority to carry out certain fiscal year
2015 projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2012
projects.
Sec. 2614. Extension of authorizations of certain fiscal year 2013
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
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TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority for acceptance and use of contributions for
certain mutually beneficial projects.
Sec. 2802. Change in authorities relating to scope of work variations
for military construction projects.
Sec. 2803. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside
the United States.
Sec. 2804. Modification of reporting requirement on in-kind
construction and renovation payments.
Sec. 2805. Lab modernization pilot program.
Sec. 2806. Conveyance to Indian tribes of certain housing units.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Utility system conveyance authority.
Sec. 2812. Leasing of non-excess property of military departments and
Defense Agencies; treatment of value provided by local
education agencies and elementary and secondary schools.
Sec. 2813. Modification of facility repair notification requirement.
Sec. 2814. Increase of threshold of notice and wait requirement for
certain facilities for reserve components and parity with
authority for unspecified minor military construction and
repair projects.
Subtitle C--Land Conveyances
Sec. 2821. Release of reversionary interest retained as part of
conveyance to the Economic Development Alliance of
Jefferson County, Arkansas.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Responsive capabilities program.
Sec. 3112. Long-term plan for meeting national security requirements
for unencumbered uranium.
Sec. 3113. Defense nuclear nonproliferation management plan.
Sec. 3114. Plan for deactivation and decommissioning of nonoperational
defense nuclear facilities.
Sec. 3115. Hanford Waste Treatment and Immobilization Plant contract
oversight.
Sec. 3116. Assessment of emergency preparedness of defense nuclear
facilities.
Sec. 3117. Laboratory- and facility-directed research and development
programs.
Sec. 3118. Limitation on bonuses for employees of the National Nuclear
Security Administration who engage in improper program
management.
Sec. 3119. Modification of authorized personnel levels of the Office of
the Administrator for Nuclear Security.
Sec. 3120. Modification of submission of assessments of certain budget
requests relating to the nuclear weapons stockpile.
Sec. 3121. Repeal of phase three review of certain defense
environmental cleanup projects.
Sec. 3122. Modifications to cost-benefit analyses for competition of
management and operating contracts.
Sec. 3123. Review of implementation of recommendations of the
Congressional Advisory Panel on the Governance of the
Nuclear Security Enterprise.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
Sec. 4002. Clarification of applicability of undistributed reductions
of certain operation and maintenance funding among all
operation and maintenance funding.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 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.
SEC. 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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 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.
Subtitle B--Navy Programs
SEC. 111. AMENDMENT TO COST LIMITATION BASELINE FOR CVN-78
CLASS AIRCRAFT CARRIER PROGRAM.
Section 122(a)(2) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2104), as amended by section 121(a) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 127 Stat. 691), is further amended by striking
``$11,498,000,000'' and inserting ``$11,398,000,000''.
SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR USS 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 USS JOHN F. KENNEDY (CVN-79),
$100,000,000 may not be obligated or expended until the date
on which the Secretary of the Navy submits to the Committees
on Armed Services of the Senate and of the House of
Representatives the certification required under subsection
(b) and the reports required under subsection (c) and (d).
(b) Certification Regarding Full Ship Shock Trials.--The
Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and of the House of Representatives a
certification that the Navy will conduct by not later than
September 30, 2017, full ship shock trials on the USS GERALD
R. FORD (CVN-78).
(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 Committees on Armed Services of the Senate and
of the House of Representatives a report that evaluates cost
issues related to the USS JOHN F. KENNEDY (CVN-79) and the
USS ENTERPRISE (CVN-80).
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(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.--
(1) In general.--Not later than April 1, 2016, the
Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and of the House of Representatives a
report on potential requirements, capabilities, and
alternatives for future development of aircraft carriers that
would replace or supplement the CVN-78 class aircraft
carrier.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of fleet, sea-based tactical aviation
capability requirements for a range of operational scenarios
beginning in the 2025 timeframe.
[[Page S3469]]
(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 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.
SEC. 113. LIMITATION ON AVAILABILITY OF FUNDS FOR USS
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 USS ENTERPRISE (CVN-80),
$191,400,000 may not be obligated or expended until the
Secretary of the Navy submits to the Committees on Armed
Services of the Senate and the House of Representatives the
certification required under subsection (b) and the report
required under subsection (c).
(b) Certification Regarding CVN-80 Design.--The Secretary
of the Navy shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a
certification that the design of CVN-80 will repeat that of
CVN-79, with modifications only for significant test and
evaluation results or significant cost reduction initiatives
that still meet threshold requirements.
(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 Committees on Armed Services of the Senate and
the House of Representatives a report that details the plans
costs related to the USS ENTERPRISE (CVN-80).
(2) Elements.--The report required under paragraph (1)
shall include the following elements, reported by total cost
and cost by fiscal year, with a detailed description and a
justification for why each cost is recurring and attributable
to CVN-80:
(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.
SEC. 114. MODIFICATION OF CVN-78 CLASS AIRCRAFT CARRIER
PROGRAM.
Subsection (f) of section 122 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2104), as added by section 121(c) of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 692), is amended by adding at
the end the following new paragraph:
``(3)(A) As part of the report required under paragraph
(1), the Secretary of the Navy shall include a description of
new design and engineering changes to CVN-78 class aircraft
carriers if applicable.
``(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) program or ship cost increases for each design or
engineering change identified in subparagraph (A); and
``(iii) cost reduction achieved.
``(C) The Secretary of the Navy and Chief of Naval
Operations shall each personally sign (not autopen) the
additional reporting requirement in subparagraph (A). This
certification may not be delegated. The certification shall
include a determination that each change--
``(i) serves the national security interests of the United
States;
``(ii) cannot be deferred to a future ship due to
operational necessity, safety, or substantial cost reduction
that still meets threshold requirements; and
``(iii) was personally reviewed and endorsed by the
Secretary of the Navy and Chief of Naval Operations.''.
SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS FOR LITTORAL
COMBAT SHIP.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2016 for research
and development, design, construction, procurement or
advanced procurement of materials for the Littoral Combat
Ships designated as LCS 33 or subsequent, not more than 25
percent may be obligated or expended until the Secretary of
the Navy submits to the Committees on Armed Services of the
Senate and the House of Representatives each of the
following:
(1) A Capabilities Based Assessment to assess capability
gaps and associated capability requirements and risks for the
upgraded Littoral Combat Ship, which is proposed to commence
with LCS 33. This assessment shall conform with the Joint
Capabilities Integration and Development System, including
Chairman of the Joint Chiefs of Staff Instruction 3170.01H.
(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 LCS program
delivers, and a description of how these relate to the
characteristics of the future joint force identified in the
Capstone Concept for Joint Operations, concept of operations,
and integrated architecture documents.
(B) A summary of analyses and studies conducted on LCS
modernization.
(C) A concept of operations for LCS modernization ships at
the operational level and tactical level describing how they
integrate and synchronize with joint and combined forces to
achieve the Joint Force Commander's intent.
(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 LCS should be determined.
(E) A plan and timeline for LCS modernization program
execution.
(F) A description of system capabilities required for LCS
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 (E3)
and spectrum supportability.
(K) A description of assets required to achieve initial
operational capability (IOC) of an LCS 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).
SEC. 116. 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.''.
SEC. 117. CONSTRUCTION OF ADDITIONAL ARLEIGH BURKE DESTROYER.
(a) In General.--The Secretary of the Navy may enter into a
contract beginning with the fiscal year 2016 program year for
the procurement of one Arleigh Burke class destroyer in
addition to the ten DDG-51s in the fiscal year 2013 through
2017 multiyear procurement contract or for one DDG-51 in
fiscal year 2018. The Secretary may employ incremental
funding for such procurement.
(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.
SEC. 118. 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
[[Page S3470]]
Order Quantity (EOQ) 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.
SEC. 119. REPORTING REQUIREMENT FOR OHIO-CLASS REPLACEMENT
SUBMARINE PROGRAM.
The Secretary of Defense shall include in the budget
justification materials for the Ohio-class replacement
submarine program submitted to Congress in support of the
Department of Defense budget for that fiscal year (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) a report including
the following elements, described in terms of both fiscal
2010 and current fiscal year dollars:
(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) Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics average follow-on ship
affordability target.
(7) Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics operations and
sustainment cost per hull per year affordability target.
Subtitle C--Air Force Programs
SEC. 131. LIMITATIONS ON RETIREMENT OF B-1, B-2, AND B-52
BOMBER AIRCRAFT.
(a) In General.--Except as provided in subsection (b), no
B-1, B-2, or B-52 bomber aircraft may be retired during a
fiscal year prior to initial operational capability (IOC) of
the LRS-B unless the Secretary of Defense certifies, in the
materials submitted in support of the budget of the President
for that fiscal year (as submitted to Congress under section
1105(a) of title 31, United States Code), that--
(1) the retirement of the aircraft is required to
reallocate funding and manpower resources to enable LRS-B to
reach IOC and full operational capability (FOC); and
(2) the Secretary has concluded that retirements of B-1, B-
2, and B-52 bomber aircraft in the near-term will not
detrimentally affect operational capability.
(b) Exception.--A certification described in sub-section
(a) is not required with respect to the retirement of B-1
bomber aircraft carried out in accordance with section
132(c)(2) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1320).
SEC. 132. LIMITATION ON RETIREMENT OF AIR FORCE FIGHTER
AIRCRAFT.
(a) Inventory Requirement.--Section 8062 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(i) Inventory Requirement.--(1) Effective October 1,
2015, the Secretary of the Air Force shall maintain a total
aircraft inventory of fighter aircraft of not less than 1,950
aircraft, and a total primary mission aircraft inventory
(combat-coded) of not less than 1,116 fighter aircraft.
``(2) In this subsection:
``(A) The term `fighter aircraft' means an aircraft that--
``(i) is designated by a mission design series prefix of F-
or A-;
``(ii) is manned by one or two crewmembers; and
``(iii) executes single-role or multi-role missions,
including air-to-air combat, air-to-ground attack, air
interdiction, suppression or destruction of enemy air
defenses, close air support, strike control and
reconnaissance, combat search and rescue support, or airborne
forward air control.
``(B) 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.''.
(b) Limitation on Retirement of Air Force Fighter
Aircraft.--
(1) Limitation.--The Secretary of the Air Force may not
proceed with a decision to retire fighter aircraft in any
number that would reduce the total number of such aircraft in
the Air Force total active inventory (TAI) below 1,950, and
shall maintain a minimum of 1,116 fighter aircraft designated
as primary mission aircraft inventory (PMAI).
(2) Additional limitations on retirement of fighter
aircraft.--The Secretary of the Air Force may not retire
fighter aircraft from the total active inventory as of the
date of the enactment of this Act until the later of the
following:
(A) The date that is 30 days after the date on which the
Secretary submits the report required under paragraph (3).
(B) The date that is 30 days after the date on which the
Secretary certifies to the congressional defense committees
that--
(i) the retirement of such fighter aircraft will not
increase the operational risk of meeting the National Defense
Strategy; and
(ii) the retirement of such aircraft will not reduce the
total fighter force structure below 1,950 fighter aircraft or
the primary mission aircraft inventory below 1,116.
(3) Report on retirement of aircraft.--The Secretary of the
Air Force shall submit to the congressional defense
committees a report setting forth the following:
(A) The rationale for the retirement of existing fighter
aircraft and an operational analysis of replacement fighter
aircraft that demonstrates performance of the designated
mission at an equal or greater level of effectiveness as the
retiring aircraft.
(B) An assessment of the implications for the Air Force,
the Air National Guard, and the Air Force Reserve of the
force mix ratio of fighter aircraft.
(C) Such other matters relating to the retirement of
fighter aircraft as the Secretary considers appropriate.
(c) Reports on Fighter Aircraft.--
(1) In general.--At least 90 days before the date on which
a fighter aircraft is retired, the Secretary of the Air
Force, in consultation with (where applicable) the Director
of the Air National Guard or Chief of the Air Force Reserve,
shall submit to the congressional defense committees a report
on the proposed force structure and basing of fighter
aircraft.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following elements:
(A) A list of each aircraft in the inventory of fighter
aircraft, including for each such aircraft--
(i) the mission design series type;
(ii) the variant; and
(iii) the assigned unit and military installation where
such aircraft is based.
(B) A list of each fighter aircraft proposed for
retirement, including for each such aircraft--
(i) the mission design series type;
(ii) the variant; and
(iii) the assigned unit and military installation where
such aircraft is based.
(C) A list of each unit affected by a proposed retirement
listed under subparagraph (B) and a description of how such
unit is affected.
(D) For each military installation and unit listed under
subparagraph (B)(iii), a description of changes, if any, to
the designed operational capability (DOC) statement of the
unit as a result of a proposed retirement.
(E) A description of any anticipated changes in manpower
authorizations as a result of a proposed retirement listed
under subparagraph (B).
(d) Fighter Aircraft Defined.--In this section, the term
``fighter aircraft'' has the meaning given the term in
subsection (i)(2)(A) of section 8062 of title 10, United
States Code, as added by subsection (a) of this section.
SEC. 133. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35A
AIRCRAFT PROCUREMENT.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2016 for aircraft
procurement, Air Force, not more than $4,285,000,000 may be
made available for the procurement of F-35A aircraft until
the Secretary of Defense certifies to the congressional
defense committees that F-35A aircraft delivered in fiscal
year 2018 will have full combat capability as currently
planned with Block 3F hardware, software, and weapons
carriage.
SEC. 134. PROHIBITION ON RETIREMENT OF A-10 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 A-10 aircraft.
(b) Additional Limitations on Retirement.--
(1) In general.--In addition to the limitation in
subsection (a), during the period before December 31, 2016,
the Secretary of the Air Force may not retire, prepare to
retire, or place in storage or on backup flying status any A-
10 aircraft.
(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 (PMAI).
(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:
[[Page S3471]]
(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 remain within visual range of friendly
forces and targets to facilitate responsiveness to ground
forces and minimize re-attack times.
(IV) 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.
(V) The capability to enable the pilot and aircraft to
survive attacks stemming from small arms, machine guns,
MANPADs, and lower caliber anti-aircraft artillery organic or
attached to enemy ground forces and maneuver units.
(VI) The ability to communicate effectively with ground
forces and downed pilots, including in communications jamming
or satellite-denied environments.
(VII) 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.
(VIII) The ability to deliver multiple lethal firing passes
and sustain long loiter endurance to support friendly forces
throughout extended ground engagements.
(IX) The ability to operate from unprepared dirt, grass,
and narrow road runways and to generate high sortie rates
under these austere conditions.
(ii) Identification and assessment of gaps in the ability
of existing and programmed mission platforms in providing
required capabilities to conduct missions specified in clause
(i) in both contested and uncontested battle environments.
(iii) Assessment of operational effectiveness of existing
and programmed mission platforms to conduct missions
specified in clause (i) in both contested and uncontested
battle environments.
(iv) Assessment of probability of likelihood of conducting
missions requiring troops-in-contact/close air support
operations specified in clause (i) in contested environments
as compared to uncontested environments.
(v) Any other matters the independent entity or the
Secretary of the Air Force determines to be appropriate.
(2) Report.--
(A) In general.--Not later than September 30, 2016, the
Secretary of the Air Force shall submit to the congressional
defense committees a report that includes the assessment
required under paragraph (1).
(B) Form.--The report required under subparagraph (A) may
be submitted in classified form, but shall also contain an
unclassified executive summary and may contain an
unclassified annex.
(3) Nonduplication of effort.--If any information required
under paragraph (1) has been included in another report or
notification previously submitted to Congress by law, the
Secretary of the Air Force may provide a list of such reports
and notifications at the time of submitting the report
required under paragraph (2) in lieu of including such
information in the report required under paragraph (2).
SEC. 135. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF EC-130H COMPASS CALL AIRCRAFT.
(a) Prohibition on Retirement.--None of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2016 for the Air Force may be
obligated or expended to retire, prepare to retire, or place
in storage or backup aircraft inventory status any EC-130H
Compass Call aircraft.
(b) Additional Limitations on Retirement of EC-130h Compass
Call Aircraft.--In addition to the limitation in subsection
(a), during the period preceding December 31, 2016, the
Secretary of the Air Force may not retire, prepare to retire,
or place in storage or on backup flying status any EC-130H
Compass Call aircraft.
(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 setting forth 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 combatant commander
warfighting requirements.
(2) A plan for how the Air Force will fulfill the
capability requirement of the EC-130H mission, transition the
mission capabilities of the EC-130H into a replacement
platform, or integrate the required capabilities into other
mission platforms.
(3) Such other matters relating to the required mission
capabilities and transition of the EC-130H Compass Call fleet
as the Secretary considers appropriate.
SEC. 136. LIMITATION ON TRANSFER OF C-130 AIRCRAFT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2016 for the Air
Force may be obligated or expended to transfer from one
facility of the Department of Defense to another any C-130H
aircraft, initiate any C-130 manpower authorization
adjustments, retire or prepare to retire any C-130H aircraft,
or close any C-130H unit until 90 days after the date on
which the Secretary of the Air Force, in consultation with
the Secretary of the Army, and after certification by the
commanders of the XVIII Airborne Corps, 82nd Airborne
Division and United States Army Special Operations Command,
certifies to the Committees on Armed Services of the Senate
and of the House of Representatives that--
(1) the United States Air Force will maintain dedicated C-
130 wings to support the daily training and contingency
requirements of the XVIII Airborne Corps, 82nd Airborne
Division, and United States Army Special Operations Command
at manning levels required to support and operate the number
of aircraft that existed as part of regular and reserve Air
Force operations in support of such units as of September 30,
2014; and
(2) failure to maintain such Air Force operations will not
adversely impact the daily training requirement of those
airborne and special operations units.
SEC. 137. LIMITATION ON USE OF FUNDS FOR T-1A JAYHAWK
AIRCRAFT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2016 for avionics
modification to the T-1A Jayhawk aircraft may be obligated or
expended until 30 days after the Secretary of the Air Force
submits to the congressional defense committees the report
required under section 142 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3320).
SEC. 138. RESTRICTION ON RETIREMENT OF THE JOINT SURVEILLANCE
TARGET ATTACK RADAR SYSTEM (JSTARS), EC-130H
COMPASS CALL, AND AIRBORNE EARLY WARNING AND
CONTROL (AWACS) AIRCRAFT.
The Secretary of the Air Force may not retire any
operational Joint Surveillance Target Attack Radar System
(JSTARS), EC-130H Compass Call, or Airborne Early Warning and
Control (AWACS) aircraft until the follow-on replacement
aircraft program enters Low-Rate Initial Production.
SEC. 139. SENSE OF CONGRESS REGARDING THE OCONUS BASING OF
THE 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
(in this section referred to as ``CONUS'') and forward-basing
Outside the Continental United States (in this section
referred to as ``OCONUS'').
(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.
SEC. 140. SENSE OF CONGRESS ON F-16 ACTIVE ELECTRONICALLY
SCANNED ARRAY (AESA) RADAR UPGRADE.
(a) Findings.--Congress makes the following findings:
(1) National Guard F-16 aircraft are protecting the United
States from terrorist air attack from inside or outside the
contiguous United States 24 hours a day, 365 days a year.
(2) These aircraft, stationed throughout the United States,
are tasked with the zero-fail mission of guarding and
securing United States airspace.
(3) The United States is facing an increased threat from
both state and non-state actors.
(4) The National Guard F-16 aircraft performing the
Aerospace Control Alert (ACA) mission are operating legacy
radar systems.
(5) Air Force Chief of Staff General Mark Welsh testified
to Congress in March 2015, stating, ``We need to develop an
AESA radar plan for our F-16s who are conducting the homeland
defense mission in particular.''
(6) First Air Force, United States Northern Command, issued
a Joint Urgent Operational Need (JUON) request in March 2015
for radar upgrades to its F-16 fleet.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is essential to our Nation's defense that Air Force
aircraft modification funding is made available to purchase
these Active Electronically Scanned Array (AESA) radars as
the United States Air Force bridges the gap between 4th and
5th generation fighters;
(2) the United States Government must invest in radar
upgrades which ensure that 4th generation aircraft succeed at
this zero-fail mission; and
(3) the First Air Force JUON request should be met as soon
as possible.
[[Page S3472]]
Subtitle D--Defense-wide, Joint, and Multiservice Matters
SEC. 151. 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.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 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.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 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:
``Sec. 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 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 their Centers for
Science, Technology, and Engineering Partnership in
connection with their core competency requirements, so as to
serve as recognized leaders in their core competencies
throughout the Department of Defense and in the national
technology and industrial base (as defined in section 2500 of
this title).
``(3) The Secretary of Defense, acting through the
directors of the Centers for Science, Technology, and
Engineering Partnership, may conduct one or more pilot
programs, consistent with applicable requirements of law, to
test any practices referred to in paragraph (2) that the
Directors determine could--
``(A) improve the efficiency and effectiveness of
operations at Centers for Science, Technology, and
Engineering Partnership;
``(B) improve the support provided by the Centers for the
Department of Defense users of the services of the Centers;
and
``(C) enhance capabilities by reducing the cost and
improving the performance and efficiency of executing
laboratory missions.
``(4) In this subsection, the term `science and technology
reinvention laboratory' means a science and technology
reinvention laboratory designated under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note).
``(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 for Science, Technology, and Engineering Partnership
to enter into public-private cooperative arrangements (in
this section referred to as a `public-private partnership')
to provide for any of the following:
``(A) For employees of the Center, private industry, or
other entities outside the Department of Defense to perform
(under contract, subcontract, or otherwise) work related to
the core competencies of the Center, including any work that
involves one or more core competencies of the Center.
``(B) For private industry or other entities outside the
Department of Defense to use, for any period of time
determined to be consistent with the needs of the Department
of Defense, any facilities or equipment of the Center that
are not fully used for Department of Defense activities.
``(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 for
Science, Technology, and Engineering Partnership.
``(B) To reduce or eliminate the cost of ownership and
maintenance of a Center by the Department of Defense.
``(C) To reduce the cost of research and testing 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 core competencies of a Center,
as determined by the director of the Center.
``(E) To foster cooperation between the armed forces,
academia, and private industry.
``(F) To increase access by a Center to a skilled technical
workforce that can contribute to the effective and efficient
execution of Department of Defense missions.
``(c) Private Sector Use of Excess Capacity.--Any
facilities or equipment of a Center for Science, Technology,
and Engineering Partnership made available to private
industry may be used to perform research and testing
activities in order to make more efficient and economical use
of Government-owned facilities and encourage the creation and
preservation of jobs to ensure the availability of a
workforce with the necessary research and technical skills to
meet the needs of the armed forces.
``(d) Crediting of Amounts for Performance.--Amounts
received by a Center for Science, Technology, and Engineering
Partnership for work performed under a public-private
partnership may--
``(1) be credited to the appropriation or fund, including a
working-capital 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 Equipment to Private-sector
Partners.--Equipment or facilities of a Center for Science,
Technology, and Engineering Partnership may be made available
for use by a private-sector entity under this section only
if--
``(1) the use of the equipment or facilities will not have
a significant adverse effect on the performance of the Center
or the ability of the Center to achieve its mission, as
determined by the Director of the Center; and
``(2) the private-sector entity agrees--
``(A) to reimburse the Department of Defense for the direct
and indirect costs (including any rental costs) that are
attributable to the entity's use of the equipment or
facilities, as determined by that Secretary; and
``(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 equipment or
facilities, except under the circumstances described in
section 2563(c)(3) of title 10, United States Code; 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 equipment or facilities
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 for Science,
Technology, and Engineering Partnership by Department of
Defense personnel to performance by a contractor.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by
inserting after the item relating to section 2367 the
following new item:
``2368. Centers for Science, Technology, and Engineering
Partnership.''.
SEC. 212. 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 Department of Defense research funding 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, 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 Department research funding; and
(D) criteria for evaluation of an application for funding
or changes to policies or acquisition and business practices
by a department, agency, or command for purposes of the
program.
(b) Development of Directed Energy Strategy.--
(1) In general.--Not later than one year after the date of
the enactment of this Act,
[[Page S3473]]
the Secretary, in consultation with such officials and third-
party experts as the Secretary considers appropriate, shall
develop a directed energy strategy to ensure that the United
States directed energy technologies are being developed and
deployed at an accelerated pace.
(2) Components of strategy.--The strategy required by
paragraph (1) shall include the following:
(A) A technology roadmap for directed energy that can be
used to manage and assess investments and policies of the
Department in this high priority technology area.
(B) Proposals for legislative and administrative action to
improve the ability of the Department to develop and deploy
technologies and capabilities consistent with the directed
energy strategy.
(C) An approach to program management that is designed to
accelerate operational prototyping of directed energy
technologies and develop cost-effective, real-world military
applications for such technologies.
(3) Biennial revisions.--Not less frequently than once
every 2 years, the Secretary shall revise the strategy
required by paragraph (1).
(4) Submittal to congress.--(A) Not later than 90 days
after the date on which the Secretary completes the
development of the strategy required by paragraph (1) and not
later than 90 days after the date on which the Secretary
completes a revision to such strategy under paragraph (3),
the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a copy of such strategy.
(B) The strategy submitted under subparagraph (A) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Applications for Funding.--
(1) In general.--Under the program, the Secretary shall,
not less frequently than annually, solicit from the heads of
the military departments, the defense agencies, and the
combatant commands applications for funding to be used to
enter into contracts, cooperative agreements, or other
transaction agreements entered into pursuant to section 845
of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 10 U.S.C. 2371 note) with
appropriate entities for the fielding or commercialization of
technologies.
(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 earmark as defined pursuant to
House Rule XXI, clause 9, or any congressionally directed
spending item as defined pursuant to Senate Rule XLIV,
paragraph 5.
(d) Funding.--
(1) In general.--Subject to the availability of
appropriations for such purpose, of the amounts authorized to
be appropriated for research, development, test, and
evaluation, Defense-wide for fiscal year 2016, not more than
$400,000,000 may be used for any such fiscal year for the
program established under subsection (a).
(2) Amount for directed energy.--Of this amount, not more
than $200,000,000 may be used for activities in the field of
directed energy.
(e) Transfer Authority.--
(1) In general.--The Secretary may transfer funds available
for the program to the research, development, test, and
evaluation accounts of a military department, defense agency,
or a combatant command pursuant to an application, or any
part of an application, that the Secretary determines would
support the purposes of the program.
(2) Supplement not supplant.--The transfer authority
provided in this subsection is in addition to any other
transfer authority available to the Department of Defense.
(f) Termination.--
(1) In general.--The authority to carry out a program under
this section 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 the program terminates may be transferred under
subsection (e) during the 180-day period beginning on the
date of the termination of the program.
SEC. 213. 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
``2020''; and
(2) in subsection (g), by striking ``September 30, 2015''
and inserting ``September 30, 2020''.
(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).
SEC. 214. 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''.
SEC. 215. SCIENCE AND TECHNOLOGY ACTIVITIES TO SUPPORT
BUSINESS SYSTEMS INFORMATION TECHNOLOGY
ACQUISITION PROGRAMS.
(a) In General.--The Secretary of Defense, acting through
the Undersecretary of Acquisition, Technology, and Logistics,
the Deputy Chief Management Officer, and the Chief
Information Officer shall establish a set of science,
technology, and innovation activities to improve the
acquisition outcomes of major automated information systems
through improved performance and reduced developmental and
life cycle costs.
(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.--The set of activities established under
subsection (a) may include the following:
(1) 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.
(2) Funding of intramural and extramural research and
development activities as described in subsection (d).
(d) 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 balance
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.
(e) Priorities.--
[[Page S3474]]
(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 Defense Contract Audit
Agency.
(E) Military and civilian personnel policy development for
information technology workforce.
SEC. 216. EXPANSION OF ELIGIBILITY FOR FINANCIAL ASSISTANCE
UNDER DEPARTMENT OF DEFENSE SCIENCE,
MATHEMATICS, AND RESEARCH FOR TRANSFORMATION
PROGRAM TO INCLUDE CITIZENS OF COUNTRIES
PARTICIPATING IN THE TECHNICAL COOPERATION
PROGRAM.
Section 2192a(b)(1)(A) of title 10, United States Code, is
amended by inserting ``or a country the government of which
is a party to The Technical Cooperation Program (TTCP)
memorandum of understanding of October 24, 1995'' after
``United States''.
SEC. 217. 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,''.
SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR DEVELOPMENT
OF THE SHALLOW WATER COMBAT SUBMERSIBLE.
(a) Limitation.--Of the amounts authorized to be
appropriated in this Act or otherwise made available for
fiscal year 2016 for Special Operations Command for
development of the Shallow Water Combat Submersible, not more
than 25 percent may be obligated or expended until the date
that is 15 days after the later of the date on which--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics designates a civilian official
responsible for oversight and assistance to Special
Operations Command for all undersea mobility programs; and
(2) the Under Secretary, in coordination with the Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict, submits to the congressional defense committees the
report described in subsection (b).
(b) Report Described.--The report described in this
subsection is a report on the Shallow Water Combat
Submersible that includes the following:
(1) An analysis of the reasons for cost and schedule
overruns associated with the Shallow Water Combat Submersible
program.
(2) A revised timeline for initial and full operational
capability of the Shallow Water Combat Submersible.
(3) The projected cost to meet the total unit acquisition
objective.
(4) A plan to prevent, identify, and mitigate any
additional cost and schedule overruns.
(5) A description of such opportunities as may be to
recover cost or schedule.
(6) A description of such lessons as the Under Secretary
may have learned from the Shallow Water Combat Submersible
program that could be applied to future undersea mobility
acquisition programs.
(7) Such other matters as the Under Secretary considers
appropriate.
SEC. 219. LIMITATION ON AVAILABILITY OF FUNDS FOR DISTRIBUTED
COMMON GROUND SYSTEM OF THE ARMY.
(a) Limitation.--Of the amounts authorized to be
appropriated for fiscal year 2016 for the Department of
Defense by section 201 and available for research,
development, test, and evaluation, Army, for the distributed
common ground system of the Army as specified in the funding
tables in title XLII, not more than 75 percent may be
obligated or expended until the Secretary of the Army--
(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.
SEC. 220. LIMITATION ON AVAILABILITY OF FUNDS FOR DISTRIBUTED
COMMON GROUND SYSTEM OF THE UNITED STATES
SPECIAL OPERATIONS COMMAND.
(a) Limitation.--Of the amounts authorized to be
appropriated for fiscal year 2016 for the Department of
Defense by section 201 and available for research,
development, test, and evaluation, Defense-wide, for the
United States Special Operations Command for the distributed
common ground system, not more than 75 percent may be
obligated or expended until the Commander of the United
States Special Operations Command submits to the
congressional defense committees the report required by
subsection (b).
(b) Report Required.--The Commander shall submit to the
congressional defense committees a report on the distributed
common ground system. Such report shall include the
following:
(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.
Subtitle C--Other Matters
SEC. 231. ASSESSMENT OF AIR-LAND MOBILE TACTICAL
COMMUNICATIONS AND DATA NETWORK REQUIREMENTS
AND CAPABILITIES.
(a) Assessment Required.--The Director of Cost Assessment
and Program Evaluation, in consultation with the Director of
Operational Test and Evaluation, shall contract with an
independent entity to conduct a comprehensive assessment of
current and future requirements and capabilities of the
Department of Defense with respect to an air-land ad hoc,
mobile tactical communications, and data network, including
the technological feasibility, suitability, and survivability
of such a network.
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(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.
[[Page S3475]]
(2) Software requirements and capabilities, particularly
with respect to communications and data network waveforms.
(3) Hardware requirements and capabilities, particularly
with respect to receiver/transmission technology, tactical
communications, and data radios at all levels and on all
platforms, all associated technologies, and their
integration, compatibility, and interoperability.
(4) Any other matters that in the judgment of the
independent entity are relevant or necessary to a
comprehensive assessment of tactical networks or networking.
(c) Independent Entity.--The Director of Cost Assessment
and Program Evaluation shall select an independent entity
with direct, long-standing, and demonstrated experience and
expertise in program test and evaluation of concepts,
requirements, and technologies for joint tactical
communications and data networking to perform the assessment
under subsection (a).
(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 Secretary's comments.
(e) Availability of Funds.--The Secretary of Defense shall
use funds authorized by this Act or otherwise made available
for fiscal year 2016 for Operation and Maintenance, Defense-
wide to carry out activities under this section.
(f) Limitation on Obligation of Funds.--The Secretary of
the Army may not obligate or expend more than 50 percent of
the funds authorized by this Act or otherwise made available
for fiscal year 2016 for Other Procurement, Army and
available for the Warfighter Information Network--Tactical
(Increment 2) until the Secretary of Defense submits the
report required under subsection (d).
SEC. 232. 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 Department
supply chain and into field systems.
(b) Execution and Technical Analysis.--
(1) In general.--The Secretary shall direct the federation
established under section 937(a)(1) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) to coordinate execution of the study
required by subsection (a) using capabilities of the
Department in effect on the day before the date of the
enactment of this Act to conduct technical analysis on a
sample of failed electronic parts in field systems.
(2) Elements.--The technical analysis required by paragraph
(1) shall include the following:
(A) 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 present,
an assessment of the impact 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.
(c) Recommendations.--As part of the study required by
subsection (a), the Secretary shall develop recommendations
for such legislative and administrative action, including
budget requirements, as the Secretary considers necessary to
conduct sampling and technical hardware analysis of
counterfeit parts in identified areas of high concern.
(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 (c).
SEC. 233. DEMONSTRATION OF PERSISTENT CLOSE AIR SUPPORT
CAPABILITIES.
(a) Joint Demonstration Required.--The Secretary of the Air
Force, the Secretary of the Army, and the Director of the
Defense Advanced Research Projects Agency shall jointly
conduct a demonstration of the Persistent Close Air Support
(PCAS) capability in fiscal year 2016.
(b) Parameters of Demonstration.--
(1) Selection and equipment of aircraft.--As part of the
demonstration required by subsection (a), the Secretary of
the Air Force shall select and equip at least two aircraft
for use in the demonstration that the Secretary otherwise
intends to use for close air support, as identified by the
United States Air Force Close Air Support Forum.
(2) Close air support operations.--The demonstration
required by subsection (a) 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.--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; and
(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.
SEC. 234. 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 Air Force and the Secretary of the
Navy, 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;
and
(B) the secure reception and dissemination of sensor data
from low-observable penetrating aircraft, such as the F-22
and F-35;
(2) to provide secure data sharing between the fifth-
generation fighter aircraft of the Air Force, Navy, and
Marine Corps, with minimal changes to the outer surfaces of
the aircraft and to aircraft operational flight programs; and
(3) to enable secure data sharing between fifth-generation
and fourth-generation aircraft in jamming environments.
(b) Additional Plan Requirements.--The plan required by
subsection (a) shall include non-proprietary and open systems
approaches that are compatible with the Rapid Capabilities
Office Open Mission Systems initiative of the Air Force and
the Future Airborne Capability Environment initiative of the
Navy.
(c) Prohibition.--No funds may be obligated or expended by
the Department of Defense on the interim communications
initiatives identified as Talon Hate and Multi-Domain
Adaptable Processing System until the congressional defense
committees are briefed by the Under Secretary or the Vice
Chairman about the plan required by subsection (a).
SEC. 235. 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 Congress a report on the Technology Readiness
Levels (TRLs) 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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 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.
Subtitle B--Energy and Environment
SEC. 311. 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
[[Page S3476]]
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.''.
SEC. 312. REPORT ON EFFORTS TO REDUCE HIGH ENERGY COSTS AT
MILITARY INSTALLATIONS.
(a) Report.--
(1) Report required.--Not later than 270 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics, in
conjunction with the assistant secretaries responsible for
installations and environment for the military services and
the Defense Logistics Agency, shall submit to the
congressional defense committees a report detailing the
efforts to achieve cost savings at military installations
with high energy costs.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A comprehensive, installation-specific assessment of
feasible and mission-appropriate energy initiatives
supporting energy production and consumption at military
installations with high energy costs.
(B) An assessment of current sources of energy in areas
with high energy costs and potential future sources that are
technologically feasible, cost-effective, and mission-
appropriate for military installations.
(C) A comprehensive implementation strategy to include
required investment for feasible energy efficiency options
determined to be the most beneficial and cost-effective,
where appropriate, and consistent with Department of Defense
priorities.
(D) An explanation on how military services are working
collaboratively in order to leverage lessons learned on
potential energy efficiency solutions.
(E) An assessment of extent of which activities
administered under the Federal Energy Management Program
could be used to assist with the implementation strategy.
(F) An assessment of State and local partnership
opportunities that could achieve efficiency and cost savings,
and any legislative authorities required to carry out such
partnerships or agreements.
(3) Coordination with state and local and other entities.--
In preparing the report required under paragraph (1), the
Under Secretary may work in conjunction and coordinate with
the States containing areas of high energy costs, local
communities, and other Federal departments and agencies.
(b) Definitions.--In this section, the term ``high energy
costs'' means costs for the provision of energy by kilowatt
of electricity or British Thermal Unit of heat or steam for a
military installation in the United States that is in the
highest 20 percent of all military installations for a
military department.
SEC. 313. 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:
``Sec. 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
3327.8'/11934.3'
3320.5'/11915.5'
3313.5'/11911.8'
3306.5'/11915.3'
3302.8'/11926.8'
3308.8'/11946.3'
3317.2'/11956.9'
3330.9'/11954.2'.
``(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 and the Marine
Mammal Commission, determines that military activities
occurring in the Southern Sea Otter Military Readiness Areas
are impeding the southern sea otter conservation or the
return of southern sea otters to optimum sustainable
population levels.
``(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 and the Marine
Mammal Commission.
``(2) Reports.--Not later than 24 months after the date of
the enactment of this section and every three years
thereafter, the Secretary of the Navy shall report to
Congress and the public on monitoring undertaken pursuant to
paragraph (1).
``(f) Definitions.--In this section:
``(1) Southern sea otter.--The term `southern sea otter'
means any member of the subspecies Enhydra lutris nereis.
``(2) Take.--The term `take'--
``(A) when used in reference to activities subject to
regulation by the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), shall have the meaning given such term in that
Act; and
``(B) when used in reference to activities subject to
regulation by the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) shall have the meaning given such term
in that Act.
``(3) Incidental taking.--The term `incidental taking'
means any take of a southern sea otter that is incidental to,
and not the purpose of, the carrying out of an otherwise
lawful activity.
``(4) Military readiness activity.--The term `military
readiness activity' has the meaning given that term in
section 315(f) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note)
and includes all training and operations of the armed forces
that relate to combat and the adequate and realistic testing
of military equipment, vehicles, weapons, and sensors for
proper operation and suitability for combat use.
``(5) Optimum sustainable population.--The term `optimum
sustainable population' means, with respect to any population
stock, the number of animals that will result in the maximum
productivity of the population or the species, keeping in
mind the carrying capacity of the habitat and the health of
the ecosystem of which they form a constituent element.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7235. Establishment of the Southern Sea Otter Military Readiness
Areas.''.
(c) Conforming Amendment.--Section 1 of Public Law 99-625
(16 U.S.C. 1536 note) is repealed.
Subtitle C--Logistics and Sustainment
SEC. 321. REPEAL OF LIMITATION ON AUTHORITY TO ENTER INTO A
CONTRACT FOR THE SUSTAINMENT, MAINTENANCE,
REPAIR, OR OVERHAUL OF THE F117 ENGINE.
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.
Subtitle D--Reports
SEC. 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.''.
Subtitle E--Limitations and Extensions of Authority
SEC. 341. MODIFICATION OF REQUIREMENTS FOR TRANSFERRING
AIRCRAFT WITHIN THE AIR FORCE INVENTORY.
(a) Modification of Requirements.--Section 345 of the
National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 8062 note) is amended--
(1) in subsection (a)--
(A) by striking the first sentence and inserting the
following: ``Before making an aircraft transfer described in
subsection (c), the Secretary of the Air Force shall ensure
that a written agreement regarding such transfer has been
entered into between the Chief of
[[Page S3477]]
Staff of the Air Force and the Director of the Air National
Guard or the Chief of Air Force Reserve.''; and
(B) in paragraph (3), by striking ``depot'';
(2) by amending subsection (b) to read as follows:
``(b) Submittal of Agreements to the Department of Defense
and Congress.--The Secretary of the Air Force may not take
any action to transfer an aircraft until the Secretary
ensures that the Air Force has complied with applicable
Department of Defense regulations and, for a transfer
described in subsection (c)(1), until the Secretary submits
to the congressional defense committees an agreement entered
into pursuant to subsection (a) regarding the transfer of the
aircraft.''; and
(3) by adding at the end the following new subsections:
``(c) Covered Aircraft Transfers.--(1) An aircraft transfer
described in this subsection is the transfer (other than as
specified in paragraph (2)) from a reserve component of the
Air Force to the regular component of the Air Force of--
``(A) the permanent assignment of an aircraft that
terminates a reserve component's equitable interest in the
aircraft; or
``(B) possession of an aircraft for a period in excess of
90 days.
``(2) Paragraph (1) does not apply to the following:
``(A) A routine temporary transfer of possession of an
aircraft from a reserve component that is made solely for the
benefit of the reserve component for the purpose of
maintenance, upgrade, conversion, modification, or testing
and evaluation.
``(B) A routine permanent transfer of assignment of an
aircraft that terminates a reserve component's equitable
interest in the aircraft if notice of the transfer has
previously been provided to the congressional defense
committees and the transfer has been approved by the
Secretary of Defense pursuant to Department of Defense
regulations.
``(C) A transfer described in paragraph (1)(A) when there
is a reciprocal permanent assignment of an aircraft from the
regular component of the Air Force to the reserve component
that does not degrade the capability of, or reduce the total
number of, aircraft assigned to the reserve component.
``(d) Return of Aircraft After Routine Temporary
Transfer.--In the case of an aircraft transferred from a
reserve component of the Air Force to the regular component
of the Air Force for which an agreement under subsection (a)
is not required by reason of subparagraph (A) of subsection
(c)(2), possession of the aircraft shall be transferred back
to the reserve component upon completion of the work
described in such subparagraph.''.
(b) Conforming Amendment.--Subsection (a)(7) of such
section is amended by striking ``Commander of the Air Force
Reserve Command'' and inserting ``Chief of Air Force
Reserve''.
(c) Technical Amendments to Delete References to Aircraft
Ownership.--Subsection (a) of such section is further amended
by striking ``the ownership of'' each place it appears.
SEC. 342. LIMITATION ON USE OF FUNDS FOR DEPARTMENT OF
DEFENSE SPONSORSHIPS, ADVERTISING, OR MARKETING
ASSOCIATED WITH SPORTS-RELATED ORGANIZATIONS OR
SPORTING EVENTS.
No amounts authorized to be appropriated for the Department
of Defense by this Act or otherwise made available to the
Department may be used for any sponsorship, advertising, or
marketing associated with a sports-related organization or
sporting event until the Under Secretary of Defense for
Personnel and Readiness, in consultation with the Director of
Accessions Policy--
(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 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 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).
SEC. 343. TEMPORARY AUTHORITY TO EXTEND CONTRACTS AND LEASES
UNDER ARMS INITIATIVE.
Contracts or subcontracts entered into pursuant to section
4554(a)(3)(A) of title 10, United States Code, on or before
the date that is five years after the date of the enactment
of this Act may include an option to extend the term of the
contract or subcontract for an additional 25 years.
Subtitle F--Other Matters
SEC. 351. STREAMLINING OF DEPARTMENT OF DEFENSE MANAGEMENT
AND OPERATIONAL HEADQUARTERS.
(a) Comprehensive Review of Headquarters.--
(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.
(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
[[Page S3478]]
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).
(b) Plan on Reduction in Amounts Used for Administration in
Fiscal Years 2016 Through 2019.--
(1) In general.--Not later than January 31, 2016, the
Secretary of Defense shall submit to the congressional
defense committees, and implement, a plan designed to ensure
that the amount used by the Department of Defense for
administration from amounts authorized to be appropriated for
a fiscal year for operation and maintenance shall be as
follows:
(A) In fiscal year 2016, an amount that is 7.5 percent less
than the amount authorized to be appropriated for fiscal year
2015 for operation and maintenance, Defense-wide, and
available for administration (in this paragraph referred to
as the ``fiscal year 2015 administration amount'').
(B) In fiscal year 2017, an amount that is 15 percent less
than the fiscal year 2015 administration amount.
(C) In fiscal year 2018, an amount that is 22.5 percent
less than the fiscal year 2015 administration amount.
(D) In fiscal year 2019, an amount that is 30 percent less
than the fiscal year 2015 administration amount.
(2) Achievement of reductions.--As part of meeting the
requirements in paragraph (1), the plan shall provide for
reductions in personnel (including military and civilian
personnel of the Department of Defense and contract personnel
in support of the Department) in the Office of the Secretary
of Defense, the secretariats and military staffs of the
military departments, the staffs of the Defense Agencies, the
staffs of the Joint Staff, the staffs of the combatant
commands, and the staffs of their subordinate service
component commands.
(3) Exclusion.--The plan may not meet the requirements in
paragraph (1) through reductions in funding for
administration for the following:
(A) The United States Special Operations Command.
(B) The Department of Defense Education Activity.
(C) Any classified program.
(D) Any program relating to sexual assault prevention and
response.
(c) Comptroller General of the United States Reports.--Not
later than 90 days after the end of each of fiscal years
2016, 2017, 2018, and 2019, the Comptroller General of the
United States shall submit to the congressional defense
committees a report setting forth the assessment of the
Comptroller General of the extent to which the Department of
Defense met the applicable requirement in subsection (b)(1)
during such fiscal year.
(d) Limitation on Availability of Funds for Contract
Personnel Support for OSD.--In each of fiscal years 2017,
2018, 2019, and 2020, amounts authorized to be appropriated
for the Department of Defense and available for the Office of
the Secretary of Defense may not be obligated or expended for
contract personnel in support of the Office of the Secretary
of Defense until the Secretary of Defense certifies to the
congressional defense committees that the applicable
requirement in subsection (b)(1) was met during the preceding
fiscal year.
SEC. 352. ADOPTION OF RETIRED MILITARY WORKING DOGS.
(a) 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''.
(b) 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.''.
SEC. 353. MODIFICATION OF REQUIRED REVIEW OF PROJECTS
RELATING TO POTENTIAL OBSTRUCTIONS TO AVIATION.
Section 358 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4200; 49 U.S.C. 44718 note) is amended--
(1) in subsection (c)--
(A) in paragraph (3), by striking ``from State and local
officials or the developer of a renewable energy development
or other energy project'' and inserting ``from a State
government, an Indian tribal government, a local government,
a landowner, or the developer of an energy project''; and
(B) in paragraph (4), by striking ``readiness, and'' and
all that follows through the period at the end and inserting
``readiness and to clearly communicate actions being taken by
the Department of Defense to the party requesting an early
project review under this section.'';
(2) in subsection (d)(2)(B), by striking ``as high, medium,
or low''; and
(3) in subsection (j), by adding at the end the following
new paragraph:
``(4) 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.''.
SEC. 354. PILOT PROGRAM ON INTENSIVE INSTRUCTION IN CERTAIN
ASIAN LANGUAGES.
(a) Pilot Program Authorized.--The Secretary of Defense
may, in consultation with the National Security Education
Board, carry out a pilot program to assess the feasibility
and advisability of providing scholarships in accordance with
the David L. Boren National Security Education Act of 1991
(50 U.S.C. 1901 et seq.) to individuals otherwise eligible
for scholarships under that Act for intensive language
instruction in a covered Asian language.
(b) Covered Asian Language.--For purposes of this section,
a covered Asian language is any of the five Asian languages
that would be treated as a language in which deficiencies
exist for purposes of section 802(a)(1)(A) of the David L.
Boren National Security Education Act of 1991 (50 U.S.C.
1902(a)(2)(A)) if the National Security Education Board could
treat an additional five Asian languages as a language in
which such deficiencies exist.
(c) Use of Scholarships.--Notwithstanding any provision of
the David L. Boren National Security Education Act of 1991, a
scholarship awarded pursuant to the pilot program may be used
for intensive language instruction in--
(1) the United States; or
(2) a country in which the covered Asian language concerned
is spoken by a significant portion of the population (as
determined by the Secretary for purposes of the pilot
program).
(d) National Security Education Board Defined.--In this
section, the term ``National Security Education Board'' means
the National Security Education Board established pursuant to
section 803 of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1903).
(e) Termination.--No scholarship may be awarded under the
pilot program after the date that is five years after the
date on which the pilot program is established.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 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, 317,000.
SEC. 402. ENHANCEMENT OF AUTHORITY FOR MANAGEMENT OF END
STRENGTHS FOR MILITARY PERSONNEL.
(a) Repeal of Specification of Permanent End Strengths to
Support Two Major Regional Contingencies.--
(1) Repeal.--Section 691 of title 10, United States Code,
is repealed.
[[Page S3479]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 39 of such title is amended by striking
the item relating to section 691.
(b) Enhanced Authority for End Strength Management.--
(1) Secretary of defense authority.--Subsection (f) of
section 115 of title 10, United States Code, is amended by
striking ``increase'' each place it appears and inserting
``vary''.
(2) Service secretary authority.--Subsection (g) of such
section is amended--
(A) in paragraph (1), by striking ``increase'' each place
it appears and inserting ``vary''; and
(B) in paragraph (2), by striking ``increase'' each place
it appears and inserting ``variance''.
Subtitle B--Reserve Forces
SEC. 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.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
(a) Findings.--The Senate makes the following findings:
(1) Several States routinely recruit and retain members of
the Army National Guard of the United States in excess of
State authorizations to offset States that do not recruit to
State authorizations.
(2) The States that routinely recruit and retain members of
the Army National Guard of the United States in excess of
authorizations do not receive any extra full-time operational
support duty personnel to support excess members.
(b) Sense of Senate.--It is the sense of the Senate that
the National Guard Bureau should account for States that
routinely recruit and retain members in excess of State
authorizations when allocating full-time operational support
duty personnel.
(c) End Strengths.--Within the end strengths prescribed in
section 411(a), the reserve components of the Armed Forces
are authorized, as of September 30, 2016, the following
number of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National Guard,
for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(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.
(d) Allocation Among States.--In allocating Reserves on
full-time duty in the Army National Guard of the United
States authorized by subsection (c)(1) among the States, the
Chief of the National Guard Bureau shall take into account
the actual number of members of the Army National Guard of
the United States serving in each State as of September 30
each year.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 416. CHIEF OF THE NATIONAL GUARD BUREAU AUTHORITY TO
INCREASE CERTAIN END STRENGTHS APPLICABLE TO
THE ARMY NATIONAL GUARD.
(a) Authority.--Subject to subsection (b), the Chief of the
National Guard Bureau may increase each of the end strengths
for fiscal year 2016 applicable to the Army National Guard as
follows:
(1) The end strength for Selected Reserve personnel of the
Army National Guard of the United States in section 411(a)(1)
by up to 3,000 members in addition to the number specified in
section 411(a)(1).
(2) The end strength for Reserves serving on full-time duty
for the purpose of organizing, administering, recruiting,
instructing, or training for the Army National Guard of the
United States specified in section 412(1) by up to 615
Reserves in addition to the number specified in section
412(1).
(3) The end strength for military technicians (dual status)
for the Army National Guard of the United States specified in
section 413(1) by up to 1,111 technicians in addition to the
number specified in section 413(1).
(b) Limitation.--The Chief of the National Guard Bureau may
increase an end strength using the authority in subsection
(a) only if such increase is paid for out of funds
appropriated for fiscal year 2016 for Operation and
Maintenance, Army National Guard.
Subtitle C--Authorization of Appropriations
SEC. 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.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND OFFICERS
OF PARTICULAR MERIT BE PLACED AT THE TOP OF THE
PROMOTION LIST.
(a) Authority of Promotion Boards To Recommend Officers of
Particular Merit Be Placed at Top of Promotion List.--Section
616 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(g)(1) In selecting the officers to be recommended for
promotion, a selection board may, when authorized by the
Secretary of the military department concerned, recommend
officers of particular merit, from among those officers
selected for promotion, to be placed at the top of the
promotion list promulgated by the Secretary under section
624(a)(1) of this title.
``(2) The determination whether an officer is an officer of
particular merit for purposes of this subsection shall be
made in accordance with criteria prescribed by the Secretary
of the military department concerned for such purposes.
``(3) The number of such officers placed at the top of the
promotion list may not exceed the number equal to 10 percent
of the maximum number of officers that the board is
authorized to recommend for promotion in such competitive
category. If the number determined under this subsection is
less than one, the board may recommend one such officer.
``(4) No officer may be recommended to be placed at the top
of the promotion list unless the officer receives the
recommendation of at least three-quarters of the members of a
board for such placement.
``(5) For the officers recommended to be placed at the top
of the promotion list, the board shall recommend the order in
which these officers should be promoted.''.
(b) Officers of Particular Merit Appearing at Top of
Promotion List.--Section
[[Page S3480]]
624(a)(1) of such title is amended by inserting ``, except
such officers of particular merit who were approved by the
President and recommended by the board to be placed at the
top of the promotion list under section 616(g) of this title
as these officers shall be placed at the top of the promotion
list in the order recommended by the board'' after ``officers
on the active-duty list''.
SEC. 502. MINIMUM GRADES FOR CERTAIN CORPS AND RELATED
POSITIONS IN THE ARMY, NAVY, AND AIR FORCE.
(a) Army.--
(1) Chief of legislative liaison.--Section 3023(a) of title
10, United States Code, is amended in the second sentence by
striking ``the grade of major general'' and inserting ``a
grade above the grade of colonel''.
(2) Assistant surgeon general.--Section 3039(b) of such
title is amended by striking the last sentence and inserting
the following new sentence: ``An officer appointed to that
position shall be an officer in a grade above the grade of
colonel.''.
(3) Chief of the nurse corps.--Section 3069(b) of such
title is amended by striking ``whose regular grade'' and all
that follows through ``major general.'' and inserting ``. An
officer appointed to that position shall be an officer in a
grade above the grade of colonel.''.
(4) Chief of the veterinary corps.--Section 3084 of such
title is amended by striking the last sentence and inserting
the following new sentence: ``An officer appointed to that
position shall be an officer in a grade above the grade of
lieutenant colonel.''.
(b) Navy.--
(1) Chief of legislative affairs.--Section 5027(a) of title
10, United States Code, is amended by striking ``the grade of
rear admiral'' and inserting ``a grade above the grade of
captain''.
(2) Chief of the dental corps.--Section 5138 of such title
is amended--
(A) by striking subsections (a) and (b) and inserting the
following new subsection (a):
``(a) There is a Chief of the Dental Corps in the
Department of the Navy. An officer assigned to that position
shall be an officer in a grade above the grade of captain.'';
and
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(3) Directors of medical corps.--Section 5150(c) of such
title is amended--
(A) in the first sentence, by striking ``for promotion''
and all that follows through the end of the sentence and
inserting a period; and
(B) by inserting after the first sentence the following new
sentence: ``An officer so selected shall be an officer in a
grade above the grade of captain.''.
(c) Air Force.--
(1) Chief of legislative liaison.--Section 8023(a) of title
10, United States Code, is amended in the second sentence by
striking ``the grade of major general'' and inserting ``a
grade above the grade of colonel''.
(2) Chief of the nurse corps.--Section 8069(b) of such
title is amended by striking ``whose regular grade'' and all
that follows through ``major general.'' and inserting ``. An
officer appointed to that position shall be an officer in a
grade above the grade of colonel.''.
(3) Assistant surgeon general for dental services.--Section
8081 of such title is amended by striking the second sentence
and inserting the following new sentence: ``An officer
appointed to that position shall be an officer in a grade
above the grade of colonel.''.
(d) Transition.--In the case of an officer who on the date
of the enactment of this Act is serving in a position that is
covered by an amendment made by this section, the continued
service of that officer in such position after the date of
the enactment of this Act shall not be affected by that
amendment.
SEC. 503. ENHANCEMENT OF MILITARY PERSONNEL AUTHORITIES IN
CONNECTION WITH THE DEFENSE ACQUISITION
WORKFORCE.
(a) Inclusion of Acquisition Matters Within Joint Matters
for Officer Management.--
(1) Joint matters.--Subsection (a)(1) of section 688 of
title 10, United States Code, is amended--
(A) in subparagraph (D), by striking ``or'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(E) acquisition addressed by military personnel acting
under chapter 87 of this title.''.
(2) Joint duty assignment.--Subsection (b)(1)(A) of such
section is amended by striking ``limited to assignments in
which'' and all that follows and inserting ``limited to--
``(i) assignments in which the officer gains significant
experience in joint matters; and
``(ii) assignments pursuant to chapter 87 of this title;
and''.
(b) Requirements for Military Personnel in the Acquisition
Field.--
(1) Consultation of service chiefs in policies and
guidance.--Subsection (a) of section 1722a of title 10,
United States Code, is amended by inserting after ``such
military department)'' the following: ``, in consultation
with the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the
Commandant of the Marine Corps (with respect to the armed
force under the jurisdiction of each),''.
(2) Enhanced career paths for personnel.--Subsection (b) of
such section is amended--
(A) in paragraph (1), by inserting ``single-tracked''
before ``career path'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) A dual-tracked career path that attracts the highest
quality officers and enlisted personnel and allows them to
gain experience in, and receive credit for, a primary career
in combat arms and a functional secondary career in the
acquisition field in order to more closely align the military
operational requirements and acquisition workforces of each
armed force.''.
(c) Joint Professional Military Education.--
(1) Inclusion of business and commercial training in joint
professional military education.--Subsection (a) of section
2151 of title 10, United States Code, is amended--
(A) by inserting ``(1)'' before ``Joint professional
military education''; and
(B) by striking the second sentence and inserting the
following new paragraphs:
``(2) The subject matter to be covered by joint
professional military education shall include at least the
following:
``(A) National Military Strategy.
``(B) Joint planning at all levels of war.
``(C) Joint doctrine.
``(D) Joint command and control.
``(E) Joint force and joint requirements development.
``(F) Operational contract support.
``(3) In lieu of the subject matters covered by paragraph
(2), or in supplement to one or more of such matters, the
subject matter to be covered by joint professional military
education may include subjects addressed in training programs
under section 2013(a) of this title by, in, or through
organizations described in paragraph (2)(D) of that
section.''.
(2) Senior level service schools.--Subsection (b)(1) of
such section is amended by adding at the end the following
new subparagraph:
``(E) A training program section 2013(a) of this title by,
in, or through an organization described in paragraph (2)(D)
of that section.''.
(3) Three-phase approach.--Section 2154(a)(2) of such title
is amended--
(A) in the matter preceding subparagraph (A), by striking
``in residence at'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) in residence at the Joint Forces Staff College;'';
and
(C) in subparagraph (B), by striking ``a senior level
service school'' and inserting ``in residence at a senior
level service school, or by, in, or though a senior level
service school described in section 2151(b)(1)(E) of this
title,''.
(4) Joint professional military education phase ii.--
Section 2155 of such title is amended--
(A) in subsection (b)--
(i) in the subsection caption, by inserting ``for Joint
Military Subjects'' after ``Phase II Requirements''; and
(ii) by inserting ``described in section 2151(a)(2) of this
title'' after ``joint professional military education'';
(B) in subsection (c)--
(i) in the subsection caption, by inserting ``for Joint
Military Subjects'' after ``Curriculum Content'';
(ii) by striking ``section 2151(a)'' and inserting
``section 2151(a)(2)''; and
(iii) by inserting ``described in such section'' after
``joint professional military education'';
(C) by redesignating subsection (d) as subsection (e);
(D) by inserting after subsection (c) the following new
subsection (d):
``(d) Curriculum Content for Business and Commercial
Training.--The curriculum for Phase II joint professional
military education described in section 2151(a)(3) of this
title shall include such matters as the Secretary shall
specify in connection with training programs described in
that section in order to satisfy requirements for successful
performance in the acquisition or acquisition-related
field.''; and
(E) in subsection (e), as redesignated by subparagraph (C),
by inserting ``(other than a service school described in
section 2151(b)(1)(E) of this title)'' after ``senior level
service school''.
(d) Acquisition-related Functions of Service Chiefs.--
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``this subsection'' the
first place it appears and inserting ``subsection (a)'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report on Promotion Rates for Officers in
Acquisition Positions.--(1) Not later than January 1 each
year, the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the
Commandant of the Marine Corps shall each submit to Congress
a report on the promotion rates during the preceding fiscal
year of officers who are serving in, or have served in,
positions covered by chapter 87 of this title, and officers
who have been certified under that chapter, in the grades
specified in paragraph (2). If promotion rates for any such
grade of officers failed to meet objectives for the fiscal
year concerned for promotion rates for such grade, the chief
of the armed force concerned shall include in the report for
such fiscal year information on such failure and on the
actions taken or to be taken by such chief to prevent further
such failures.
[[Page S3481]]
``(2) The grades specified in this paragraph are as
follows:
``(A) The grade of colonel (or captain, in the case of the
Navy).
``(B) The grade of lieutenant colonel (or commander, in the
case of the Navy).
``(C) The grade of major (or lieutenant commander, in the
case of the Navy).''.
SEC. 504. 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.''.
SEC. 505. AUTHORITY TO DEFER UNTIL AGE 68 MANDATORY
RETIREMENT FOR AGE OF A GENERAL OR FLAG OFFICER
SERVING AS CHIEF OR DEPUTY CHIEF OF CHAPLAINS
OF THE ARMY, NAVY, OR AIR FORCE.
(a) Authority.--Section 1253 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Exception for Chiefs of Chaplains and Deputy Chiefs
of Chaplains.--The Secretary of the military department
concerned may defer the retirement under subsection (a) of an
officer serving in a general or flag officer grade who is the
Chief of Chaplains or Deputy Chief of Chaplains of that
officer's armed force. Such a deferment may not extend beyond
the first day of the month following the month in which the
officer becomes 68 years of age.''.
(b) Conforming Amendments.--
(1) Heading.--The heading of such section is amended by
striking ``exception'' and inserting ``exceptions''.
(2) Table of sections.--The table of sections at the
beginning of chapter 63 of such title is amended in the item
relating to section 1253 by striking ``exception'' and
inserting ``exceptions''.
SEC. 506. 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.
SEC. 507. AUTHORITY TO CONDUCT WARRANT OFFICER RETIRED GRADE
DETERMINATIONS.
Section 1371 of title 10, United States Code, is amended--
(1) by inserting ``highest'' after ``in the''; and
(2) by striking ``that he held on the day before the date
of his retirement, or in any higher warrant officer grade''.
Subtitle B--Reserve Component Management
SEC. 511. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS AS
NOT TO BE CONSIDERED FOR SELECTION FOR
PROMOTION.
Section 14301 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(j) Certain Officers Not To Be Considered for Selection
for Promotion.--The Secretary of the military department
concerned may provide that an officer who is in an active
status, but is in a duty status in which the only points the
officer accrues under section 12732(a)(2) of this title are
pursuant to subparagraph (C)(i) of that section (relating to
membership in a reserve component), shall not be considered
for selection for promotion at any time the officer otherwise
would be so considered. Any such officer may remain on the
reserve active-status list.''.
SEC. 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), by striking
``selection board'' and inserting ``mandatory promotion
board''.
SEC. 513. RECONCILIATION OF CONTRADICTORY PROVISIONS RELATING
TO CITIZENSHIP QUALIFICATIONS FOR ENLISTMENT IN
THE RESERVE COMPONENTS OF THE ARMED FORCES.
Section 12102(b) of title 10, United States Code, is
amended by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) that person has met the citizenship or residency
requirements established in section 504(b)(1) of this title;
or
``(2) that person is authorized to enlist by the Secretary
concerned under section 504(b)(2) of this title.''.
SEC. 514. AUTHORITY FOR CERTAIN AIR FORCE RESERVE COMPONENT
PERSONNEL TO PROVIDE TRAINING AND INSTRUCTION
REGARDING PILOT INSTRUCTOR 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
instructor 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 10216 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 328(b) of title 32, United States Code
(3) Limitation.--The total number of personnel described in
paragraph (2) who may provide training and instruction under
the authority in paragraph (1) at any one time may not exceed
50.
(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 pilot instructor shortages within the Air Force
using authorities available to the Secretary under current
law.
Subtitle C--General Service Authorities
SEC. 521. DUTY REQUIRED FOR ELIGIBILITY FOR PRESEPARATION
COUNSELING FOR MEMBERS BEING DISCHARGED OR
RELEASED FROM ACTIVE DUTY.
(a) Requirement for 180 Continuous Days of Active Duty
Service for Eligibility.--Subparagraph (A) of section
1142(a)(4) of title 10, United States Code, is amended by
inserting ``continuous'' after ``first 180''.
(b) Exclusion of Training From Periods of Active Duty.--
Such section is further amended by adding at the end the
following new subparagraph:
``(C) For purposes of subparagraph (A), the term `active
duty' does not include full-time training duty, annual
training duty, and attendance, while in the active military
service, at a school designated as a service school by law or
by the Secretary of the military department concerned.''.
SEC. 522. EXPANSION OF PILOT PROGRAMS ON CAREER FLEXIBILITY
TO ENHANCE RETENTION OF MEMBERS OF THE ARMED
FORCES.
Section 533 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. prec. 701
note) is amended by striking subsections (b) and (c).
SEC. 523. SENSE OF SENATE ON DEVELOPMENT OF GENDER-NEUTRAL
OCCUPATIONAL STANDARDS FOR OCCUPATIONAL
ASSIGNMENTS IN THE ARMED FORCES.
(a) Finding.--The Senate remains interested in the
integration of women into the combat arms of the Armed Forces
and the development of gender-neutral occupational standards
for occupational assignments in the Armed Forces.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the development of gender-neutral occupational
standards is vital in determining the occupational
assignments of all members of the Armed Forces;
(2) studies being conducted by the Armed Forces are
important to the development of these standards and should
incorporate the best scientific practices available; and
(3) the Armed Forces should consider such studies on these
standards carefully in order to ensure that--
(A) such studies do not result in unnecessary barriers to
service in the Armed Forces; and
(B) all decisions on occupational assignments in the Armed
Forces--
(i) are based on an objective analysis of the tasks
required to perform the occupational assignment concerned;
and
(ii) do not negatively impact the required combat
capabilities of the Armed Forces, including units whose
primary mission is to engage in direct combat at the tactical
level.
Subtitle D--Member Education and Training
PART I--EDUCATIONAL ASSISTANCE REFORM
SEC. 531. LIMITATION ON TUITION ASSISTANCE FOR OFF-DUTY
TRAINING OR EDUCATION.
Section 2007(a) of title 10, United States Code, is amended
by inserting ``, but only if the Secretary determines that
such education or training is likely to contribute to the
member's professional development'' after ``during the
member's off-duty periods''.
SEC. 532. 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:
[[Page S3482]]
``Sec. 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 such title is amended by adding
at the end the following new item:
``16167. Sunset.''.
SEC. 533. REPORTS ON EDUCATIONAL LEVELS ATTAINED BY CERTAIN
MEMBERS OF THE ARMED FORCES AT TIME OF
SEPARATION FROM THE ARMED FORCES.
(a) Annual Reports Required.--Each Secretary concerned
shall submit to Congress each year a report on the
educational levels attained by members of the Armed Forces
described in subsection (b) under the jurisdiction of such
Secretary who separated from the Armed Forces during the
preceding year.
(b) Covered Members.--The members of the Armed Forces
described in this subsection are members of the Armed Forces
who transferred unused education benefits to family members
pursuant to section 3319 of title 38, United States Code,
while serving as members of the Armed Forces.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 38, United States Code.
SEC. 534. SENSE OF CONGRESS ON TRANSFERABILITY OF UNUSED
EDUCATION BENEFITS TO FAMILY MEMBERS.
(a) In General.--It is the sense of Congress that each
Secretary concerned should--
(1) exercise the authority in section 3319(a) of title 38,
United States Code, relating to the transferability of unused
education benefits to family members, in a manner that
encourages the retention of individuals in the Armed Forces;
and
(2) be more selective in permitting such transferability.
(b) Definitions.--In this section, the terms ``Armed
Forces'' and ``Secretary concerned'' have the meaning given
such terms in section 101 of title 38, United States Code.
SEC. 535. NO ENTITLEMENT TO UNEMPLOYMENT INSURANCE WHILE
RECEIVING POST-9/11 EDUCATION ASSISTANCE.
Section 8525(b) of title 5, United States Code, is
amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) an educational assistance allowance under chapter 33
of title 38.''.
PART II--OTHER MATTERS
SEC. 536. REPEAL OF STATUTORY SPECIFICATION OF MINIMUM
DURATION OF IN-RESIDENT INSTRUCTION FOR COURSES
OF INSTRUCTION OFFERED AS PART OF PHASE II
JOINT PROFESSIONAL MILITARY EDUCATION.
(a) Repeal of Statutory Requirement for In-resident
Instruction.--Section 2154(a)(2)(A) of title 10, United
States Code, is amended by striking ``taught in residence
at'' and inserting ``offered through''.
(b) Repeal of Statutory Durational Minimum.--
(1) Repeal.--Section 2156 of such title is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 107 of such title amended by striking
the item relating to section 2156.
SEC. 537. 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.''.
SEC. 538. 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:
``Sec. 4362. Support of athletic and physical fitness
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 and physical fitness
programs of the Academy. Notwithstanding section 2304(k) of
this title, the Secretary may enter such contracts or
cooperative agreements on a sole source basis pursuant to
section 2304(c)(5) of this title. Notwithstanding chapter 63
of title 31, a cooperative agreement under this section may
be used to acquire property or services for the direct
benefit or use of the Academy.
``(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 and
physical fitness 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 and physical fitness 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 and physical fitness programs of
the Academy. For the purposes of this section, employees or
personnel of the Association may not be considered to be
employees of the United States.
``(2) Funds received from ncaa.--The Secretary may accept
funds from the National Collegiate Athletic Association to
support the athletic and physical fitness programs of the
Academy.
``(3) Limitation.--The Secretary shall ensure that
contributions under this subsection and expenditure of funds
pursuant to subsection (e) do not reflect unfavorably on
[[Page S3483]]
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.--
``(1) In general.--Any funds received by the Secretary
under this section other than money rentals received for
property leased pursuant to section 2667 of this title shall
be used by the Academy for one or more of the following
purposes:
``(A) To benefit participating cadets.
``(B) To enhance the ability of the Academy to compete
against other colleges and universities.
``(2) Availability of funds.--Funds described in paragraph
(1) 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 and
physical fitness 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 such title is amended by adding
at the end the following new item:
``4362. Support of athletic and physical fitness programs.''.
SEC. 539. ONLINE ACCESS TO THE HIGHER EDUCATION COMPONENT OF
THE TRANSITION ASSISTANCE PROGRAM.
(a) Notice to Program Participants of Availability of
Component Online Through the Department of Defense.--If a
member of the Armed Forces, veteran, or dependent requests a
certificate of eligibility from the Secretary of Veterans
Affairs to prove the eligibility of the member, veteran, or
dependent, as the case may be, for educational assistance
under chapter 33 of title 38, United States Code, the
Secretary shall notify the member, veteran, or dependent of
the availability of the higher education component of the
Transition Assistance Program (TAP) on the Transition GPS
Standalone Training Internet website of the Department of
Defense.
(b) Availability of Component Online Through the Department
of Veterans Affairs.--
(1) In general.--The Secretary of Defense shall, in
collaboration with the Secretary of Veterans Affairs, assess
the feasibility of--
(A) providing access for veterans and dependents to the
higher education component of the Transition Assistance
Program on the eBenefits Internet website of the Department
of Veterans Affairs; and
(B) tracking the completion of that component through that
Internet website.
(2) Report to congress.--The Secretary of Defense shall
submit to Congress a report setting forth a description of
the cost and length of time required to provide access and
begin tracking completion of the higher education component
of the Transition Assistance Program as described in
paragraph (1).
Subtitle E--Military Justice
SEC. 546. MODIFICATION OF RULE 304 OF THE MILITARY RULES OF
EVIDENCE RELATING TO THE CORROBORATION OF A
CONFESSION OR ADMISSION.
Not later than 180 days after the date of the enactment of
this Act, Rule 304(c) of the Military Rules of Evidence shall
be modified as follows:
(1) To provide that an admission or a confession of the
accused may be considered as evidence against the accused on
the question of guilt or innocence only if independent
evidence, either direct or circumstantial, has been admitted
into evidence which would tend to establish the
trustworthiness of the admission or confession.
(2) To provide that not every element or fact contained in
the admission or confession must be independently proven for
the admission or confession to be admitted into evidence in
its entirety.
(3) To strike the rule that if independent evidence raises
an inference of the truth of some but not all of the
essential facts admitted, the confession or admission may be
considered as evidence against the accused only with respect
to those essential facts stated in the confession or
admission that are corroborated by the independent evidence.
(4) With respect to the quantum of evidence needed to
establish corroboration, to provide that the independent
evidence need raise only an inference of the truth of the
admission or confession.
SEC. 547. 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.
SEC. 548. RIGHT OF VICTIMS OF OFFENSES UNDER THE UNIFORM CODE
OF MILITARY JUSTICE TO TIMELY DISCLOSURE OF
CERTAIN MATERIALS AND INFORMATION IN CONNECTION
WITH PROSECUTION OF OFFENSES.
Section 806b(a) of title 10, United States Code (article
6b(a) of the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The right to the timely disclosure by trial counsel
to the victim (or the Special Victims' Counsel of the victim
if the victim is so represented) of the following:
``(A) Any charges and specifications related to the
offense.
``(B) Any motions filed by trial counsel or defense counsel
in connection with the court-martial of the offense, unless
otherwise protected from disclosure.
``(C) All statements by the accused related to the offense.
``(D) Any statement by the victim in connection with the
offense that is in the possession of the government.
``(E) Any portions relating to the victim in any report of
an investigation of the offense that is in the possession of
the government.
``(F) In the event the staff judge advocate advises
pursuant to section 834 of this title (article 34) that any
charge or specification in connection with the offense not be
referred for trial, the advice making such recommendation,
with such advice to be so provided before the convening
authority acts on the advice.''.
SEC. 549. ENFORCEMENT OF CERTAIN CRIME VICTIMS' RIGHTS BY THE
COURT OF CRIMINAL APPEALS.
Section 806b of title 10, United States Code (article 6b of
the Uniform Code of Military Justice), is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Enforcement of Certain Rights by Court of Criminal
Appeals.--(1)(A) If the victim of an offense under this
chapter believes that a preliminary hearing ruling under
section 832 of this title (article 32), or a court-martial
ruling, violates the victim's rights afforded by a section
(article) or rule specified in paragraph (2), the victim may
file an interlocutory appeal of such ruling by petitioning
the Court of Criminal Appeals for an order to require the
judge advocate conducting such preliminary hearing, or the
court-martial, as the case may be, to comply with the section
(article) or rule, as applicable.
``(B) A victim of an offense under this chapter who is
subject to an order to submit to a deposition notwithstanding
the fact that the victim shall be available to testify at the
court-martial of the offense may file an interlocutory appeal
of such order by petitioning the Court of Criminal Appeals
for an order to quash such order.
``(C) The Court of Criminal Appeals shall provide a de novo
review of the question or questions raised by a petition
filed under this paragraph. A single judge or panel of judges
shall take up and decide the petition within 72 hours after
the petition is filed.
``(2) Paragraph (1)(A) applies with respect to the
protections afforded by the following:
``(A) This section (article).
``(B) Military Rule of Evidence 412, relating to the
admission of evidence regarding a victim's sexual background.
``(C) Military Rule of Evidence 513, relating to the
psychotherapist-patient privilege.
``(D) Military Rule of Evidence 514, relating to the victim
advocate-victim privilege.
``(E) Military Rule of Evidence 615, relating to the
exclusion of witnesses.
``(3) The proceedings of a preliminary hearing under
section 832 of this title (article 32), or a court-martial,
may not be stayed or subject to a continuance of more than
five days for purposes of enforcing this subsection. If the
Court of Criminal Appeals denies the relief sought, the
reasons for the denial shall be clearly stated on the record
in a written opinion.''.
[[Page S3484]]
SEC. 550. RELEASE TO VICTIMS UPON REQUEST OF COMPLETE RECORD
OF PROCEEDINGS AND TESTIMONY OF COURTS-MARTIAL
IN CASES IN WHICH SENTENCES ADJUDGED COULD
INCLUDE PUNITIVE DISCHARGE.
(a) In General.--Section 854(e) of title 10, United States
Code (article 54(e) of the Uniform Code of Military Justice),
is amended--
(1) by inserting ``(1)'' after ``(e)'';
(2) in paragraph (1), as so designated, by inserting ``or
the victim requests such records'' before the period at the
end of the first sentence; and
(3) by adding at the end the following new paragraphs:
``(2) In the case of a general or special court-martial
involving an offense (other than an offense covered by
paragraph (1)) for which the sentence as adjudged could
include punitive discharge from the armed forces, a copy of
all prepared records of the proceedings of the court-martial
shall be given to the victim of the offense if the victim
requests such records.
``(3) Records given to a victim under this subsection at
the request of the victim in a case where the court-martial
concerned resulted in the acquittal of the accused may
include restrictions on release or use of such records or
information in such records in order to protect the privacy
or other interests of the accused.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to courts-martial first convened
on or after that date.
SEC. 551. REPRESENTATION AND ASSISTANCE OF VICTIMS BY SPECIAL
VICTIMS' COUNSEL IN QUESTIONING BY MILITARY
CRIMINAL INVESTIGATORS.
Section 1044e(f) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3)(A) In carrying out paragraph (1), a military criminal
investigator seeking to question an individual eligible for
the assistance of a Special Victims' Counsel under this
section shall inform the individual of the individual's right
to be represented by a Special Victims' Counsel in connection
with such questioning.
``(B) If an individual described in subparagraph (A)
requests representation by a Special Victims' Counsel in
connection with questioning described in that subparagraph--
``(i) a Special Victims' Counsel shall represent and assist
the individual during and in connection with such
questioning;
``(ii) the military criminal investigator shall contact and
question the individual only through the Special Victims'
Counsel representing the individual; and
``(iii) the military criminal investigation may not contact
or question the individual without the consent of such
Special Victims' Counsel.
``(C) Nothing in this paragraph confers any right on an
accused under investigation.
``(D) A violation of this paragraph shall not be a basis
for the suppression of any statement of an individual
described in subparagraph (A), or derivative evidence of such
a statement, in a proceeding against a person accused with
committing an offense against such individual.''.
SEC. 552. 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.''.
SEC. 553. ENHANCEMENT OF CONFIDENTIALITY OF RESTRICTED
REPORTING OF SEXUAL ASSAULT IN THE MILITARY.
(a) Preemption of State Law to Ensure Confidentiality of
Reporting.--Subsection (b) of section 1565b of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(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.--Paragraph (1) of such
subsection is amended by striking ``a dependent'' and
inserting ``an adult dependent''.
(c) Definitions.--Such section is further 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.''.
SEC. 554. ESTABLISHMENT OF OFFICE OF COMPLEX INVESTIGATIONS
WITHIN THE NATIONAL GUARD BUREAU.
(a) In General.--Chapter 1101 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 10509. Office of Complex Investigations
``(a) In General.--There is in the National Guard Bureau an
Office of Complex Investigations (in this section referred to
as the `Office') under the authority, direction, and control
of the Chief of the National Guard Bureau.
``(b) Disposition and Functions.--The Office shall be
organized, trained, equipped, and managed to conduct
administrative investigations in order to assist the States
in the organization, maintenance, and operation of the
National Guard as follows:
``(1) In investigations of allegations of sexual assault
involving members of the National Guard.
``(2) In Investigations in circumstances involving members
of the National Guard in which other law enforcement agencies
within the Department of Defense do not have, or have
limited, jurisdiction or authority to investigate.
``(3) In investigations in such other circumstances
involving members of the National Guard as the Chief of the
National Guard Bureau may direct.
``(c) Scope of Investigative Authority.--Individuals
performing investigations described in subsection (b)(1) are
authorized--
``(1) to have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material available to the applicable establishment which
relate to programs and operations with respect to the
National Guard; and
``(2) to request such information or assistance as may be
necessary for carrying out those duties from any Federal,
State, or local governmental agency or unit thereof.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1101 of such title is amended by adding
at the end the following new item:
``10509. Office of Complex Investigations.''.
SEC. 555. 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.''.
SEC. 556. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON
PREVENTION AND RESPONSE TO SEXUAL ASSAULT BY
THE ARMY NATIONAL GUARD AND THE ARMY RESERVE.
(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.
SEC. 557. SENSE OF CONGRESS ON THE SERVICE OF MILITARY
FAMILIES AND ON SENTENCING RETIREMENT-ELIGIBLE
MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) Military families serve alongside their member of the
Armed Forces, enduring hardships, lending support, and
contributing to the member's career. These family members
endure frequent moves, long periods of separation, and other
unique hardships associated with military life.
(2) Innocent family members are sometimes inadvertently
punished when the member they depend on forfeits retirement
benefit eligibility due to a court-martial sentence.
(3) When a retirement-eligible member forfeits retirement
eligibility, that member's innocent family members lose the
security of benefits they had planned for and helped earn.
[[Page S3485]]
(4) Military juries may choose to impose unjustly light
sentences on convicted members out of concern for the
innocent family members when a just sentence would require
stripping the member of retirement eligibility.
(b) Sense of Congress.--It is the sense of Congress--
(1) that military juries should not face the difficult
choice between imposing a fair sentence or protecting the
benefits of a member of the Armed Forces for the sake of
innocent family members;
(2) that innocent military family members of retirement-
eligible members should not be made to forgo benefits they
have sacrificed for and helped to earn; and
(3) to welcome the opportunity to work with the Department
of Defense to develop the necessary laws and regulations to
improve the military justice system and to protect the
benefits that military families have helped earn.
Subtitle F--Defense Dependents Education and Military Family Readiness
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(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)).
SEC. 562. 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).
SEC. 563. AUTHORITY TO USE APPROPRIATED FUNDS TO SUPPORT
DEPARTMENT OF DEFENSE STUDENT MEAL PROGRAMS IN
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS LOCATED OUTSIDE THE UNITED STATES.
(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) Conforming Amendments.--
(1) Heading amendment.--The heading of such section is
amended by inserting ``defense'' after ``overseas''.
(2) Table of sections.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended in the item relating to section 2243 by inserting
``defense'' after ``overseas''.
SEC. 564. BIENNIAL SURVEYS OF MILITARY DEPENDENTS ON MILITARY
FAMILY READINESS MATTERS.
(a) Biennial Surveys Required.--The Director of the Office
of Family Policy of the Department of Defense shall undertake
every other year a survey of adult dependents of members of
the Armed Forces on the matters specified in subsection (b).
Participation by dependents in the survey shall be voluntary.
(b) Matters.--The matters specified in this subsection are
the following:
(1) Mental health of dependents of members of the Armed
Forces.
(2) Incidence of suicide and suicidal ideation among
dependents of members of the Armed Forces.
(3) Incidence of divorce among dependents of members of the
Armed Forces.
(4) Incidence of spousal abuse, child abuse, sexual
assault, and harassment among dependents of members of the
Armed Forces.
(5) Financial health and financial literacy of military
families.
(6) Employment and education of dependents of members of
the Armed Forces.
(7) Adequacy and availability of child care for dependents
of members of the Armed Forces.
(8) Quality of programs for military families.
(9) Such other matters relating to military family
readiness as the Director considers appropriate.
Subtitle G--Miscellaneous Reporting Requirements
SEC. 571. 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''.
SEC. 572. 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.
Subtitle H--Other Matters
PART I--FINANCIAL LITERACY AND PREPAREDNESS OF MEMBERS OF THE ARMED
FORCES
SEC. 581. IMPROVEMENT OF FINANCIAL LITERACY AND PREPAREDNESS
OF MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 992 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Consumer
Education'' and inserting ``Financial Literacy Training'';
(B) in paragraph (1), by striking ``education'' in the
matter preceding subparagraph (A) and inserting ``financial
literacy training'';
[[Page S3486]]
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``as'';
(ii) in subparagraph (A)--
(I) by inserting ``as'' before ``a component'';
(II) by striking ``orientation''; and
(III) by striking ``and'' after the semicolon;
(iii) by redesignating subparagraph (B) as subparagraph
(J); and
(iv) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) upon arrival at the first duty station;
``(C) upon arrival at each duty station following the first
duty station in the case of each member in pay grade E-4 or
below or in pay grade O-3 or below;
``(D) on the date of promotion, in the case of each member
in pay grade E-5 or below or in pay grade O-4 or below;
``(E) when the member vests in the Thrift Savings Plan
(TSP);
``(F) at each major life event during the member's service,
such as--
``(i) marriage;
``(ii) divorce;
``(iii) birth of first child; or
``(iv) disabling sickness or condition;
``(G) during leadership training;
``(H) during pre-deployment training and during post-
deployment training;
``(I) at transition points in military service, such as--
``(i) transition from a regular component to a reserve
component;
``(ii) separation from service; or
``(iii) retirement; and''; and
(v) in subparagraph (J), as redesignated by clause (iii),
by inserting ``as'' before ``a component'';
(D) in paragraph (3), by striking ``(2)(B)'' and inserting
``(2)(J)''; and
(E) by adding at the end the following new paragraph:
``(4) The Secretary concerned shall prescribe regulations
setting forth any additional events and circumstances (other
than those described in paragraph (2)) for which the
Secretary determines that training under this subsection
shall be required.''.
(b) Financial Literacy and Preparedness Survey.--Such
section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Financial Literacy and Preparedness Survey.--(1) The
Director of the Defense Manpower Data Center shall annually
include in the status of forces survey a survey of the status
of the financial literacy and preparedness of members of the
armed forces.
``(2) The results of the annual financial literacy and
preparedness survey--
``(A) shall be used by each of the Secretaries concerned as
a benchmark to evaluate and update training provided under
this section; and
``(B) shall be submitted to the Committees on Armed
Services of the Senate and the House of Representatives.''.
(c) Additional Financial Services Covered by Literacy
Training.--Subsection (e) of such section, as redesignated by
subsection (b)(1) of this section, is amended by adding at
the end the following new paragraph:
``(4) Health insurance, budget management, Thrift Savings
Plan (TSP), retirement lump sum payments (including rollover
options and tax consequences), and Survivor Benefit Plan
(SBP) .''.
(d) Conforming and Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 992. Financial literacy training: financial
services''.
(2) Table of sections.--The table of sections at the
beginning of chapter 50 of such title is amended by striking
the item related to section 992 and inserting the following
new item:
``992. Financial literacy training: financial services.''.
SEC. 582. FINANCIAL LITERACY TRAINING WITH RESPECT TO CERTAIN
FINANCIAL SERVICES FOR MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--The Secretary concerned shall provide the
financial literacy training under section 992 of title 10,
United States Code, for the financial services described in
paragraph (4) of section 992(e) of such title (as amended and
added by section 581 of this Act) to members of the uniformed
services under the jurisdiction of such Secretary commencing
not later than six months after the date of the enactment of
this Act.
(b) Definitions.--In this section, the terms ``uniformed
services'' and ``Secretary concerned'' have the meaning given
such terms in section 101(a) of title 10, United States Code.
SEC. 583. SENSE OF CONGRESS ON FINANCIAL LITERACY AND
PREPAREDNESS OF MEMBERS OF THE ARMED FORCES.
It is the sense of Congress that--
(1) the Secretary of Defense should strengthen arrangements
with other departments and agencies of the Federal
Government, as well as with nonprofit organizations, in order
to improve the financial literacy and preparedness of members
of the Armed Forces; and
(2) the Chairman of the Joint Chiefs of Staff and the
Chiefs of Staff of the Armed Forces should provide support
for the financial literacy and preparedness training carried
out under section 992 of title 10, United States Code (as
amended by section 581 of this Act).
PART II--OTHER MATTERS
SEC. 586. AUTHORITY FOR APPLICATIONS FOR CORRECTION OF
MILITARY RECORDS TO BE INITIATED BY THE
SECRETARY CONCERNED.
Section 1552(b) of title 10, United States Code, is
amended--
(1) by striking ``or his heir or legal representative'' and
inserting ``(or the claimant's heir or legal representative)
or the Secretary concerned''; and
(2) by striking ``he discovers'' and inserting
``discovering''.
SEC. 587. RECORDATION OF OBLIGATIONS FOR INSTALLMENT PAYMENTS
OF INCENTIVE PAYS, ALLOWANCES, AND SIMILAR
BENEFITS WHEN PAYMENT IS DUE.
(a) In General.--Chapter 19 of title 37, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1015. Recordation of installment payment obligations
for incentive pays and similar benefits
``(a) In General.--In the case of any pay, allowance,
bonus, or other benefit described in subsection (b) that is
paid to a member of the uniformed services on an installment
basis, each installment payment shall be charged to
appropriations that are available for obligation at the time
such payment is payable.
``(b) Covered Pay and Benefits.--Subsection (a) applies to
any incentive pay, special pay, or bonus, or similar periodic
payment of pay or allowances, or of educational benefits or
stipends, that is paid to a member of the uniformed services
under this title or title 10.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 19 of such title is amended by adding at
the end the following new item:
``1015. Recordation of installment payment obligations for incentive
pays and similar benefits.''.
SEC. 588. ENHANCEMENTS TO YELLOW RIBBON REINTEGRATION
PROGRAM.
(a) Scope and Purpose.--Section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note)
is amended--
(1) in subsection (a), by striking ``combat veteran''; and
(2) in subsection (b), by striking ``informational events
and activities'' and inserting ``information, events, and
activities''.
(b) Eligibility.--Such section is further amended--
(1) in subsection (a), by striking ``National Guard and
Reserve members and their families'' and inserting ``eligible
individuals'';
(2) in subsection (b), by striking ``members of the reserve
components of the Armed Forces, their families,'' and
inserting ``eligible individuals'';
(3) in subsection (d)(2)(C), by striking ``members of the
Armed Forces and their families'' and inserting ``eligible
individuals'';
(4) in subsection (h), in the matter preceding paragraph
(1)--
(A) by striking ``members of the Armed Forces and their
family members'' and inserting ``eligible individuals''; and
(B) by striking ``such members and their family members''
and inserting ``such eligible individuals'';
(5) in subsection (j), by striking ``members of the Armed
Forces and their families'' and inserting ``eligible
individuals'';
(6) in subsection (k), by striking ``individual members of
the Armed Forces and their families'' and inserting
``eligible individuals''; and
(7) by adding at the end the following new subsection:
``(l) Eligible Individuals.--For the purposes of this
section, the term `eligible individual' means a member of a
reserve component, a member of their family, or a designated
representative who the Secretary of Defense determines to be
eligible for the Yellow Ribbon Reintegration Program.''.
(c) Office for Reintegration Programs.--
(1) Oversight of yellow ribbon reintegration program.--
Paragraph (1)(A) of subsection (d) of such section is amended
by striking the second and third sentence and inserting ``The
office shall exercise oversight over the Yellow Ribbon
Reintegration Program, and shall be responsible for
coordination with State National Guard and Reserve
organizations, including existing family and support
programs.''.
(2) Partnerships to provide quality of life services.--
Paragraph (1)(B) of such subsection is amended by striking
``substance abuse and mental health treatment services'' and
inserting ``substance abuse, mental health treatment, and
other quality of life services''.
(3) Grant authority.--Such subsection is further amended 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) Coordination With Coast Guard Reserve.--Such section is
further amended--
(1) in subsection (d)(1)(A), by striking ``and Air Force
Reserve'' and inserting ``Air Force Reserve, and Coast Guard
Reserve''; and
(2) in subsection (e)(1), by striking ``and Air Force
Reserve'' and inserting ``Air Force Reserve, and Coast Guard
Reserve''.
[[Page S3487]]
(e) Due Date of Advisory Board Annual Report.--Subsection
(e)(4) of such section is amended by striking ``March'' and
inserting ``April''.
(f) Support Teams.--Subsection (f) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``administer the Yellow Ribbon Reintegration Program at the
State level'' and inserting ``support and assist State
National Guard and Reserve organization reintegration
efforts''; and
(2) by amending paragraph (1) to read as follows:
``(1) to provide reintegration curriculum and
information;''.
(g) Operation of Program.--
(1) Enhanced flexibility.--Subsection (g) of such section
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 such a period, the information, events, and activities
described in paragraph (1) should focus on preparing eligible
individuals and affected communities for the rigors of
activation, mobilization, and deployment.
``(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, 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.--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.--Such section is further
amended--
(A) in subsection (a), by striking ``throughout the entire
deployment cycle'';
(B) in subsection (b)--
(i) in the subsection heading, by striking ``; Deployment
Cycle''; and
(ii) by striking ``well-being through the 4 phases''
through the end of the subsection and inserting ``well-
being.'';
(C) in subsection (d)(2)(C), by striking ``throughout the
deployment cycle described in subsection (g)''; and
(D) in subsection (f), by striking ``State Deployment
Cycle'' in the subsection heading.
(h) Additional Permitted Outreach Service.--Subsection (h)
of such section is amended by adding at the end the following
new paragraph:
``(16) Stress management and positive coping skills.''.
(i) Support of Department-Wide Suicide Prevention
Efforts.--Such section is further 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 respect
to suicide prevention and community response programs.''.
(j) Technical Amendments.--Such section is further
amended--
(1) in subsection (d)(1)(B), by striking ``Substance Abuse
and the Mental Health Services Administration'' and inserting
``Substance Abuse and Mental Health Services
Administration''; and
(2) in subsection (e)(3)(C), by striking ``Office of
Reintegration Programs'' and inserting ``Office for
Reintegration Programs''.
SEC. 589. PRIORITY PROCESSING OF APPLICATIONS FOR
TRANSPORTATION WORKER IDENTIFICATION
CREDENTIALS FOR MEMBERS UNDERGOING DISCHARGE OR
RELEASE FROM THE ARMED FORCES.
(a) Priority Processing.--The Secretary of Defense shall
consult with the Secretary of Homeland Security to afford a
priority in the processing of applications for a
Transportation Worker Identification Credential (TWIC) to
applications submitted by members of the Armed Forces who are
undergoing separation, discharge, or release from the Armed
Forces under honorable conditions, with such priority to
provide for the review and adjudication of such an
application by not later than 14 days after submittal, unless
an appeal or waiver applies or further application
documentation is necessary. The priority shall be so afforded
commencing not later than 180 days after the date of the
enactment of this Act to members who undergo separation,
discharge, or release from the Armed Forces after the date on
which the priority so commences being afforded.
(b) Memorandum of Understanding.--The Secretary of Defense
and the Secretary of Homeland Security shall enter into a
memorandum of understanding in connection with achieving the
requirement in subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall jointly submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of the
requirements of this section. The report shall set forth the
following:
(1) The memorandum of understanding required pursuant to
subsection (b).
(2) A description of the number of individuals who applied
for, and the number of individuals who have been issued, a
Transportation Worker Identification Credential pursuant to
the memorandum of understanding as of the date of the report.
(3) If any applications for a Transportation Worker
Identification Credential covered by paragraph (2) were not
reviewed and adjudicated within the deadline specified in
subsection (a), a description of the reasons for the failure
and of the actions being taken to assure that future
applications for a Credential are reviewed and adjudicated
within the deadline.
SEC. 590. ISSUANCE OF RECOGNITION OF SERVICE ID CARDS TO
CERTAIN MEMBERS SEPARATING FROM THE ARMED
FORCES.
(a) Issuance Required.--
(1) In general.--The Secretary of Defense shall issue to
each covered individual a card that identifies such
individual as a veteran and includes a photo of the
individual and the name of the individual.
(2) Designation.--A card issued under paragraph (1) may be
known as a ``Recognition of Service ID Card''.
(b) Covered Individuals.--For purposes of this section, a
``covered individual'' is an individual who is undergoing
discharge or release from the Armed Forces (other than as the
result of a punitive discharge adjudicated as part of a
sentence at a court-martial after the effective date of this
section) on or after the effective date provided for in
subsection (e).
(c) Collection of Amounts.--
(1) In general.--The Secretary may collect from civilian
employees of the Department of Defense and contractor
personnel of the Department who are issued a replacement card
for a lost or stolen Department of Defense identification
card such amount as the Secretary considers appropriate to
defray the cost of the issuance of cards under subsection
(a), and to implement the issuance of cards without the
assignment of additional personnel for that purpose.
(2) Treatment of amounts.--The Secretary shall deposit
amounts collected under this subsection to the account or
accounts providing funds for the issuance of cards under
subsection (a).
(d) Recognition of Recognition of Service ID Cards for
Reduced Prices of Services, Consumer Products, and
Pharmaceuticals.--The Secretary of Defense may work with
national retail chains that offer reduced prices on services,
consumer products, and pharmaceuticals to veterans to ensure
that such retail chains recognize cards issued under
subsection (a) for purposes of offering reduced prices on
services, consumer products, and pharmaceuticals.
(e) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 591. REVISED POLICY ON NETWORK SERVICES FOR MILITARY
SERVICES.
(a) Establishment of Policy.--It is the policy of the
United States that the Secretary of Defense shall minimize
and reduce, to the maximum extent practicable, the number of
uniformed military personnel providing network services to
military installations within the United States.
(b) Prohibition.--Except as provided in subsection (c),
each military service shall be prohibited from using uniform
military personnel to provide network services to military
installations within the United States 2 years after the date
of the enactment of this Act.
(c) Exception.--Nothing in subsection (b) shall be
construed as prohibiting the use of military personnel
providing network services in support of combatant commands,
special operations, the intelligence community, or the United
States Cyber Command, including training for these
organizations.
(d) Waiver.--The Secretary of Defense or the Chief
Information Officer may waive the prohibition in subsection
(b) if necessary for the safety of human life, protection of
property, or providing network services in support of a
combat operation.
[[Page S3488]]
(e) Report.--
(1) In general.--Not later than March 30, 2016, the Chief
Information Officer shall submit to the congressional defense
committees a plan for the transition of the current
performance of network services from military personnel to
other means.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An assessment of the costs of using military personnel
versus other means to provide network services for the
military services.
(B) An estimate of the savings of transitioning the current
performance of network services from military personnel to
other means.
(C) An estimate of the number of military personnel that
could be reallocated for military-unique missions.
(f) Validation of Cost and Savings Estimates.--The report
required under subsection (e) shall be validated by the
Director of Cost Assessment and Program Evaluation.
SEC. 592. INCREASE IN NUMBER OF DAYS OF ACTIVE DUTY REQUIRED
TO BE PERFORMED BY RESERVE COMPONENT MEMBERS
FOR DUTY TO BE CONSIDERED FEDERAL SERVICE FOR
PURPOSES OF UNEMPLOYMENT COMPENSATION FOR EX-
SERVICEMEMBERS.
(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 eanctment of this Act,
and shall apply with respect to periods of Federal service
commencing on or after that date.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2016 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2016 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2016,
the rates of monthly basic pay for members of the uniformed
services are increased by 1.3 percent for enlisted member pay
grades, warrant officer pay grades, and commissioned officer
pay grades below pay grade O-7.
(c) Application of Executive Schedule Level II Ceiling on
Payable Rates for General and Flag Officers.--Section
203(a)(2) of title 37, United States Code, shall be applied
for rates of basic pay payable for commissioned officers in
pay grades O-7 through O-10 during calendar year 2016 by
using the rate of pay for level II of the Executive Schedule
in effect during 2014.
SEC. 602. MODIFICATION OF PERCENTAGE OF NATIONAL AVERAGE
MONTHLY COST OF HOUSING USABLE IN COMPUTATION
OF BASIC ALLOWANCE FOR HOUSING INSIDE THE
UNITED STATES.
(a) Modification of Percentage Usable.--Section
403(b)(3)(B) of title 37, United States Code, is amended by
striking ``one percent'' and inserting ``five percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2016, and shall apply with
respect to computations of monthly amounts of basic allowance
for housing inside the United States that occur for years
beginning on or after that date.
SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY
INCREASE IN RATES OF BASIC ALLOWANCE FOR
HOUSING.
Section 403(b)(7)(E) of title 37, United States Code, is
amended by striking ``December 31, 2015'' and inserting
``December 31, 2016''.
SEC. 604. BASIC ALLOWANCE FOR HOUSING FOR MARRIED MEMBERS OF
THE UNIFORMED SERVICES ASSIGNED FOR DUTY WITHIN
NORMAL COMMUTING DISTANCE AND FOR OTHER MEMBERS
LIVING TOGETHER.
(a) BAH for Married Members Assigned for Duty Within Normal
Commuting Distance.--Section 403 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(p) Single Allowance for Married Members Assigned for
Duty Within Normal Commuting Distance.--In the event two
members of the uniformed services entitled to receive a basic
allowance for housing under this section are married to one
another and are each assigned for duty within normal
commuting distance, basic allowance for housing under this
section shall be paid only to the member having the higher
pay grade, or to the member having rank in grade if both
members have the same pay grade, and at the rate payable for
a member of such pay grade with dependents (regardless of
whether or not such members have dependents).''.
(b) BAH for Other Members Living Together.--Such section is
further amended by adding at the end the following new
subsection:
``(q) Reduced Allowance for Members Living Together.--(1)
In the event two or more members of the uniformed services
who are entitled to receive a basic allowance for housing
under this section live together, basic allowance for housing
under this section shall be paid to each such member at the
rate as follows:
``(A) In the case of such a member in a pay grade below pay
grade E-4, the rate otherwise payable to such member under
this section.
``(B) In the case of such a member in a pay grade above pay
grade E-3, the rate equal to the greater of--
``(i) 75 percent of the rate otherwise payable to such
member under this section; or
``(ii) the rate payable for a member in pay grade E-4
without dependents.
``(2) This subsection does not apply to members covered by
subsection (p).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 1, 2015, and shall, except as provided
in paragraph (2), apply with respect to allowances for basic
housing payable for months beginning on or after that date.
(2) Preservation of current bah for members with
uninterrupted eligibility for bah.--Notwithstanding any
amendment made by this section, the monthly amount of basic
allowance for housing payable to a member of the uniformed
services under section 403 of title 37, United States Code,
as of September 30, 2015, shall not be reduced by reason of
such amendment so long as the member retains uninterrupted
eligibility for such basic allowance for housing within an
area of the United States or within an overseas location (as
applicable).
SEC. 605. REPEAL OF INAPPLICABILITY OF MODIFICATION OF BASIC
ALLOWANCE FOR HOUSING TO BENEFITS UNDER THE
LAWS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) Repeal.--Subsection (b) of section 604 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291)
is repealed.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2016.
SEC. 606. 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.''.
SEC. 607. AVAILABILITY OF INFORMATION.
In administering the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.), the Secretary of Agriculture shall
ensure that any safeguards that prevent the use or disclosure
of information obtained from applicant households shall not
prevent the use of that information by, or the disclosure of
that information to, the Secretary of Defense for purposes of
determining the number of applicant households that contain
one or more members of a regular component or reserve
component of the Armed Forces.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2015'' and inserting
``December 31, 2016'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal
commuting distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December
31, 2015'' and inserting ``December 31, 2016'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December
31, 2015'' and inserting ``December 31, 2016'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
[[Page S3489]]
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2015'' and inserting
``December 31, 2016'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND
BONUS AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2015'' and inserting
``December 31, 2016'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(7) Section 351(h), relating to hazardous duty pay.
(8) Section 352(g), relating to assignment pay or special
duty pay.
(9) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(10) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL
PAYS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2015'' and inserting
``December 31, 2016'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 316a(g), relating to incentive pay for members
of precommissioning programs pursuing foreign language
proficiency.
(6) Section 324(g), relating to accession bonus for new
officers in critical skills.
(7) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(8) Section 327(h), relating to incentive bonus for
transfer between Armed Forces.
(9) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. INCREASE IN MAXIMUM ANNUAL AMOUNT OF NUCLEAR
OFFICER BONUS PAY.
(a) Increase.--Section 333(d)(1)(A) of title 37, United
States Code, is amended by striking ``$35,000'' and inserting
``$50,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2016, and shall apply with
respect to agreements entered into under section 333 of title
37, United States Code, on or after that date.
SEC. 617. REPEAL OF OBSOLETE AUTHORITY TO PAY BONUS TO
ENCOURAGE ARMY PERSONNEL TO REFER PERSONS FOR
ENLISTMENT IN THE ARMY.
(a) Repeal.--Section 3252 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 333 of such title is amended by striking
the item relating to section 3252.
Subtitle C--Travel and Transportation Allowances
SEC. 621. REPEAL OF OBSOLETE SPECIAL TRAVEL AND
TRANSPORTATION ALLOWANCE FOR SURVIVORS OF
DECEASED MEMBERS FROM THE VIETNAM CONFLICT.
Section 481f of title 37, United States Code, is amended by
striking subsection (d).
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
PART I--RETIRED PAY REFORM
SEC. 631. THRIFT SAVINGS PLAN PARTICIPATION FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) Modernized Retirement System.--Section 8440e of title
5, United States Code, is amended by striking subsection (e)
and inserting the following:
``(e) Modernized Retirement System.--
``(1) TSP contributions.--The Secretary concerned shall
make contributions to the Thrift Savings Fund, in accordance
with section 8432, except to the extent the requirements
under such section are modified by this subsection, for the
benefit of a member who--
``(A) first enters a uniformed service on or after January
1, 2018; or
``(B) makes an election described in section 1409(b)(4)(B)
or 12739(f) of title 10.
``(2) Maximum amount.--The amount contributed under this
subsection by the Secretary concerned for the benefit of a
member described in paragraph (1) for any pay period shall be
not more than 5 percent of such member's basic pay for such
pay period.
``(3) Timing and duration of contributions.--
``(A) Automatic contributions.--The Secretary concerned
shall make a contribution described in section 8432(c)(1)
under this subsection for the benefit of a member described
in paragraph (1) for any pay period during the period that--
``(i) begins on or after the day that is 60 days after the
date the member first enters a uniformed service; and
``(ii) ends on the day such member completes 20 years of
service as a member of the uniformed services.
``(B) Matching contributions.--The Secretary concerned
shall make a contribution described in section 8432(c)(2)
under this subsection for the benefit of a member described
in paragraph (1) for any pay period during the period that--
``(i) begins on or after the day that is 2 years and 1 day
after the date the member first enters a uniformed service;
and
``(ii) ends on the day such member completes 20 years of
service as a member of the uniformed services.
``(4) Protections for spouses and former spouses.--Section
8435 shall apply to a member described in paragraph (1) in
the same manner as such section is applied to an employee or
Member under such section.
``(5) Definition of secretary concerned.--In this
subsection the term `Secretary concerned' has the meaning
given the term in section 101 of title 37.''.
(b) Automatic Enrollment in TSP.--Section 8432(b)(2) of
title 5, United States Code, is amended--
(1) in subparagraph (D)(ii)--
(A) by striking ``(ii) Members'' and inserting ``(ii)(I)
Except as provided in subclause (II), members''; and
(B) by adding at the end the following:
``(II) A member described in section 8440e(e)(1) shall be
an eligible individual for purposes of this paragraph.''; and
(2) by adding at the end the following:
``(F) Notwithstanding any other provision of this
paragraph, a member described in section 8440e(e)(1) who has
declined automatic enrollment into the Thrift Savings Plan
shall be automatically reenrolled, on January 1 of the year
succeeding the year for which the determination is made, to
make contributions under subsection (a) at the default
percentage of basic pay.
``(G) In this paragraph the term `member' has the meaning
given the term in section 211 of title 37.''.
(c) Vesting.--Section 8432(g) of title 5, United States
Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(iii), by striking ``or'' after the
semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) 2 years of service in the case of a member of the
uniformed services.''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, a member of the
uniformed services shall be considered to have separated from
Government employment if the member is discharged or released
from service in the uniformed services.''.
(d) Thrift Savings Plan Default Investment Fund.--Section
8438(c)(2) of title 5, United States Code, as amended by
section 2(a) of the Smarter Savings Act (Public Law 113-255),
is amended--
(1) in subparagraph (A), by striking ``(A) Consistent with
the requirements of subparagraph (B), if an'' and inserting
``If an''; and
(2) by striking subparagraph (B).
(e) Conforming Amendments.--
(1) Section 211 of title 37, United States Code, is
amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(2) Section 8432b(c)(2)(B) of title 5, United States Code,
is amended by striking ``(including pursuant to an agreement
under section 211(d) of title 37)''.
(f) Actions to Assure Implementation by Effective Date.--
(1) In general.--The Secretaries concerned, the Director of
the Office of Personnel Management, and the Federal
Retirement Thrift Investment Board shall each and jointly
take appropriate actions to ensure the full and effective
commencement of the implementation of the amendments made by
this section as of January 1, 2018.
(2) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term
in section 101 of title 37, United States Code.
(g) Effective Dates.--
(1) Modernized retirement system.--The amendment made by
subsection (a) shall take effect on the date of the enactment
of this Act.
[[Page S3490]]
(2) Other amendments.--The amendments made by subsections
(b) through (e) shall take effect on January 1, 2018.
SEC. 632. MODERNIZED RETIREMENT SYSTEM FOR MEMBERS OF THE
UNIFORMED SERVICES.
(a) Modernized Retirement System.--
(1) In general.--Section 1409(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Modernized retirement system.--
``(A) Reduced multipliers for members receiving tsp
matching contributions.--Notwithstanding paragraphs (1), (2),
and (3), in the case of a member who first becomes a member
of the uniformed services after January 1, 2018, or a member
who makes the election described in subparagraph (B)--
``(i) subparagraph (A) of paragraph (1) shall be applied by
substituting `2' for `2\1/2\'';
``(ii) clause (i) of paragraph (3)(B) shall be applied by
substituting `60 percent' for `75 percent'; and
``(iii) subclause (I) of paragraph (3)(B)(ii) shall be
applied by substituting `2' for `2\1/2\'.
``(B) Election to participate in modernized retirement
system.--
``(i) Election.--A member of a uniformed service serving on
January 1, 2018, may elect to accept the reduced multipliers
described in subparagraph (A) for purposes of calculating the
retired pay of the member.
``(ii) Effect of election.--A member making the election
described in clause (i) shall--
``(I) have the retired pay of the member calculated using
the reduced multipliers described in subparagraph (A);
``(II) receive Thrift Savings Plan (TSP) matching
contributions pursuant to section 8440e(e) of title 5 for
periods of service between the completion of 2 years of
service and the completion of 20 years of service in
accordance with paragraph (3)(B) of such section; and
``(III) be eligible for lump sum payments under section
1415 of this title.
``(iii) Election period.--
``(I) In general.--Except as provided in subclauses (II)
and (III), a member of a uniformed service may make the
election described in clause (i) during the period that
begins on July 1, 2018, and ends on December 31, 2018.
``(II) Hardship extension.--The Secretary concerned may
extend the election period described in subclause (I) for a
member who experiences a hardship as determined by the
Secretary concerned.
``(III) Members experiencing break in service.--A member of
a uniformed service returning to service after a break in
service in which falls the election period specified in
subclause (I) shall make the election described in clause (i)
on the date of the reentry into service of the member.
``(iv) No retroactive matching contributions pursuant to
election.--Thrift Savings Plan matching contributions may not
be made for a member under this subparagraph for any pay
period beginning before the date of the member's election
under clause (i).
``(C) Regulations.--Each Secretary concerned shall
prescribe regulations to implement this paragraph.''.
(2) Non-regular service.--Section 12739 of such title is
amended by adding at the end the following new subsection:
``(f) Modernized Retirement System.--
``(1) Reduced multipliers for persons receiving tsp
matching contributions.--In the case of a person who first
performs reserve component service after January 1, 2018,
after not having performed regular or reserve component
service on or before that date, or a person who makes the
election described in paragraph (2)--
``(A) paragraph (2) of subsection (a) shall be applied by
substituting `2 percent' for `2\1/2\ percent';
``(B) subparagraph (A) of subsection (c)(2) shall be
applied by substituting `60 percent' for `75 percent'; and
``(C) clause (ii) of subsection (c)(2)(B) shall be applied
by substituting `2 percent' for `2\1/2\ percent'.
``(2) Election to participate in modernized retirement
system.--
``(A) Election.--A person performing reserve component
service on January 1, 2018, may elect to accept the reduced
multipliers described in paragraph (1) for purposes of
calculating the retired pay of the person.
``(B) Effect of election.--A person making the election
described in subparagraph (A) shall--
``(i) have the retired pay of the person calculated using
the reduced multipliers described in paragraph (1):
``(ii) receive Thrift Savings Plan (TSP) matching
contributions pursuant to section 8440e(e) of title 5 for
periods of service between the completion of 2 years of
service and the completion of 20 years of service in
accordance with paragraph (3)(B) of such section; and
``(iii) be eligible for lump sum payments under section
1415 of this title.
``(C) Election period.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), a person performing reserve component service may make
the election described in subparagraph (A) during the period
that begins on July 1, 2018, and ends on December 31, 2018.
``(ii) Hardship extension.--The Secretary concerned may
extend the election period described in clause (i) for a
person who experiences a hardship as determined by the
Secretary concerned.
``(iii) Persons experiencing break in service.--A person
returning to reserve component service after a break in
reserve component service in which falls the election period
specified in clause (i) shall make the election described in
subparagraph (A) on the date of the reentry into service of
the person.
``(iv) No retroactive matching contributions pursuant to
election.--Thrift Savings Plan matching contributions may not
be made for a person under this paragraph for any pay period
beginning before the date of the person's election under
subparagraph (A).
``(3) Regulations.--Each Secretary concerned shall
prescribe regulations to implement this subsection.''.
(b) Coordinating Amendments to Other Retirement
Authorities.--
(1) Disability, warrant officers, and dopma retired pay.--
(A) Computation of retired pay.--The table in section
1401(a) of title 10, United States Code, is amended--
(i) in paragraph (1) in column 2 of formula number 1, by
striking ``2\1/2\% of years of service credited to him under
section 1208'' and inserting ``the retired pay multiplier
determined for the member under section 1409 of this title'';
(ii) in paragraph (1) in column 2 of formula number 2, by
striking ``2\1/2\% of years of service credited to him under
section 1208'' and inserting ``the retired pay multiplier
determined for the member under section 1409 of this title'';
and
(iii) in column 2 of each of formula number 4 and formula
number 5, by striking ``section 1409(a)'' and inserting
``section 1409''.
(B) Clarification regarding modernized retirement system.--
Section 1401a(b) of such title is amended--
(i) by redesignating paragraph (5) as paragraph (6); and
(ii) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Adjustments for participants in modernized retirement
system.--Notwithstanding paragraph (3), if a member makes the
election described in section 1409(b)(4) of this title, the
Secretary shall increase the retired pay of such member in
accordance with paragraph (2).''.
(2) National oceanic and atmospheric administration
commissioned officer corps act of 2002.--Paragraph (2) of
section 245(a) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3045(a)) is amended to read as follows:
``(2) the retired pay multiplier determined under section
1409 of such title for the number of years of service that
may be credited to the officer under section 1405 of such
title as if the officer's service were service as a member of
the Armed Forces.''.
(3) Title 37, united states code.--
(A) 15-year career status bonus repayment.--Subsection (f)
of section 354 of title 37, United States Code, is amended--
(i) by striking ``If a'' and inserting ``(1) If a''; and
(ii) by adding at the end the following new paragraph:
``(2) If a person who is paid a bonus under this section
subsequently makes an election described in section
1409(b)(4) or 12739(f) of title 10, the person shall repay
any bonus payments received under this section in the same
manner as repayments are made under section 373 of this
title.''.
(B) Sunset and continuation of payments.--Such section 354
is further amended by adding at the end the following new
subsection:
``(g) Sunset and Continuation of Payments.--(1) A Secretary
concerned may not pay a new bonus under this section after
December 31, 2017.
``(2) Subject to subsection (f)(2), the Secretary concerned
may continue to make payments after December 31, 2017, for
bonuses that were awarded under this section on or before
that date.''.
(4) Public health service act.--Paragraph (4) of section
211(a) of the Public Health Service Act (42 U.S.C. 212) is
amended--
(A) in the matter preceding subparagraph (A), by striking
``at the rate of 2 \1/2\ per centum of the basic pay of the
highest grade held by him as such officer'' and inserting
``calculated by multiplying the retired pay base determined
under section 1406 of title 10, United States Code, by the
retired pay multiplier determined under section 1409 of such
title for the numbers of years of service credited to the
officer under this paragraph''; and
(B) in the matter following subparagraph (B)(iii)--
(i) in subparagraph (C), by striking ``such pay, and'' and
inserting ``such pay,''; and
(ii) in subparagraph (D), by striking ``such basic pay.''
and inserting ``such basic pay, and (E) in the case of any
officer who makes the election described in section
1409(b)(4) of title 10, United States Code, subparagraph (C)
shall be applied by substituting `40 per centum' for `50 per
centum' each place the term appears and subparagraph (D)
shall be applied by substituting `60 per centum' for `75 per
centum'.''.
(c) Effective Dates.--
(1) Modernized retirement systems.--The amendments made by
subsection (a) shall take effect on the date of the enactment
of this Act.
(2) Coordinating amendments.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by subsection (b) shall take effect on
January 1, 2018.
[[Page S3491]]
(B) Title 37 amendments.--The amendments made by paragraph
(3) of subsection (b) shall take effect on the date of the
enactment of this Act.
SEC. 633. LUMP SUM PAYMENTS OF CERTAIN RETIRED PAY.
(a) Lump Sum Payments of Certain Retired Pay.--
(1) In general.--Chapter 71 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1415. Lump sum payment of certain retired pay
``(a) Definitions.--In this section:
``(1) Covered retired pay.--The term `covered retired pay'
means retired pay under--
``(A) this title;
``(B) title 14;
``(C) the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et
seq.); or
``(D) the Public Health Service Act (42 U.S.C. 201 et
seq.).
``(2) Eligible person.--The term `eligible person' means a
person who--
``(A)(i) first becomes a member of a uniformed service on
or after January 1, 2018; or
``(ii) makes the election described in section 1409(b)(4)
or 12739(f) of this title; and
``(B) does not retire or separate under chapter 61 of this
title.
``(3) Retirement age.--The term `retirement age' has the
meaning given the term in section 216(l) of the Social
Security Act (42 U.S.C. 416(l)).
``(b) Election of Lump Sum Payment of Certain Retired
Pay.--
``(1) In general.--An eligible person entitled to covered
retired pay (including an eligible person who is entitled to
such pay by reason of an election described in subsection
(a)(2)(A)(ii)) may elect--
``(A) to receive a lump sum payment of the discounted
present value at the time of the election of the amount of
the covered retired pay that the eligible person is otherwise
entitled to receive for the period beginning on the date of
retirement and ending on the date the eligible person attains
the eligible person's retirement age; or
``(B) to receive--
``(i) a lump sum payment of an amount equal to 50 percent
of the amount otherwise receivable by the eligible person
pursuant to subparagraph (A); and
``(ii) a monthly amount during the period described in
subparagraph (A) equal to 50 percent of the amount of monthly
covered retired pay the eligible person is otherwise entitled
to receive during such period.
``(2) Discounted present value.--The Secretary of Defense
shall compute the discounted present value of amounts of
covered retired pay that an eligible person is otherwise
entitled to receive for a period for purposes of paragraph
(1)(A) by--
``(A) estimating the aggregate amount of retired pay the
person would receive for the period, taking into account
cost-of-living adjustments under section 1401a of this title
projected by the Secretary at the time the person separates
from service and would otherwise begin receiving covered
retired pay; and
``(B) reducing the aggregate amount estimated pursuant to
subparagraph (A) by an appropriate percentage determined by
the Secretary--
``(i) using average personal discount rates (as defined and
calculated by the Secretary taking into consideration
applicable and reputable studies of personal discount rates
for military personnel and past actuarial experience in the
calculation of personal discount rates under this paragraph);
and
``(ii) in accordance with generally accepted actuarial
principles and practices.
``(3) Timing of election.--An eligible person shall make
the election under this subsection not later than 90 days
before the date of the retirement of the eligible person from
the uniformed services.
``(4) Single payment or combination of payments.--An
eligible person may elect to receive a lump sum payment under
this subsection in a single payment or in a combination of
payments.
``(5) Commencement of payment.--An eligible person who
makes an election under this subsection shall receive the
lump sum payment, or the first installment of a combination
of payments of the lump sum payment if elected under
paragraph (4), as follows:
``(A) Not later than 60 days after the date of the
retirement of the eligible person from the uniformed
services.
``(B) In the case of an eligible person who is a member of
a reserve component, not later than 60 days after the later
of--
``(i) the date on which the eligible person attains 60
years of age; or
``(ii) the date on which the eligible person first becomes
entitled to covered retired pay.
``(6) No subsequent adjustment.--An eligible person who
accepts payment of a lump sum under this subsection may not
seek the review of or otherwise challenge the amount of the
lump sum in light of any variation in cost-of-living
adjustments under section 1401a of this title, actuarial
assumptions, or other factors used by the Secretary in
calculating the amount of the lump sum that occur after the
Secretary pays the lump sum.
``(c) Resumption of Monthly Annuity.--
``(1) General rule.--Subject to paragraph (2), an eligible
person who makes an election described in subsection (b)
shall be entitled to receive the eligible person's monthly
covered retired pay calculated in accordance with paragraph
(2) after the eligible person attains the eligible person's
retirement age.
``(2) Restoration of full retirement amount at retirement
age.--The retired pay of an eligible person who makes an
election described in subsection (a) shall be recomputed,
effective on the first day of the first month beginning after
the person attains the eligible person's retirement age, so
as to be an amount equal to the amount of covered retired pay
to which the eligible person would otherwise be entitled on
that date if the annual increases, in the retired pay of the
eligible person made to reflect changes in the Consumer Price
Index, had been made in accordance with section 1401a of this
title.
``(d) Payment of Retired Pay to Persons Not Making
Election.--An eligible person who does not make the election
described in subsection (b) shall be paid the retired pay to
which the eligible person is otherwise entitled under the
applicable provisions of law referred to in subsection
(a)(1).
``(e) Regulations.--The Secretary of Defense concerned
shall prescribe regulations to carry out the provisions of
this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 71 of such title is amended by adding at
the end the following new item:
``1415. Lump sum payment of certain retired pay.''.
(3) Payments from department of defense military retirement
fund.--Section 1463(a)(1) of title 10, United States Code, is
amended by striking ``or 1414'' and inserting ``, 1414, or
1415''.
(b) Offset of Veterans Pension and Compensation by Amount
of Lump Sum Payments.--Section 5304 of title 38, United
States Code, is amended by adding at the end the following
new subsection:
``(d)(1) Other than amounts payable under section 1413a or
1414 of title 10, the amount of pension and compensation
benefits payable to a person under this title shall be
reduced by the amount of any lump sum payment made to such
person under section 1415 of title 10.
``(2) The Secretary shall collect any reduction under
paragraph (1) from amounts otherwise payable to the person
under this title, including pension and compensation payable
under this title, before any pension and compensation
payments under this title may be paid to the person.''.
SEC. 634. CONTINUATION PAY AFTER 12 YEARS OF SERVICE FOR
MEMBERS OF THE UNIFORMED SERVICES PARTICIPATING
IN THE MODERNIZED RETIREMENT SYSTEMS.
(a) Continuation Pay.--
(1) In general.--Subchapter II of chapter 5 of title 37,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 356. Continuation pay after 12 years of service:
members participating in modernized retirement systems
``(a) Continuation Pay.--
``(1) In general.--The Secretary concerned shall make a
payment of continuation pay to each member of the uniformed
services under the jurisdiction of the Secretary who--
``(A)(i) first becomes a member of a uniformed service
after January 1, 2018; or
``(ii) subject to paragraph (2), makes the election
described in section 1409(b)(4) or 12739(f) of title 10; and
``(B) after the date on which the member satisfies the
applicable requirement in subparagraph (A)--
``(i) completes 12 years of service; and
``(ii) enters into an agreement with the Secretary to serve
for an additional 4 years of obligated service.
``(2) Eligibility dependent on election before completion
of 12 years of service.--A member who makes an election
described in paragraph (1)(A)(ii) after the member completes
12 years of service is not eligible for continuation pay
under this section.
``(b) Amount.--The amount of continuation pay payable to a
member under this section shall be the amount that is equal
to--
``(1) in the case of a member of a regular component--
``(A) the monthly basic pay of the member at 12 years of
service multiplied by 2.5; plus
``(B) at the discretion of the Secretary concerned, the
monthly basic pay of the member at 12 years of service
multiplied by such number of months (not to exceed 13 months)
as the Secretary concerned shall specify in the agreement of
the member under subsection (a); and
``(2) in the case of a member of a reserve component--
``(A) the amount of monthly basic pay to which the member
would be entitled at 12 years of service if the member were a
member of a regular component multiplied by 0.5; plus
``(B) at the discretion of the Secretary concerned, the
amount of monthly basic pay described in subparagraph (A)
multiplied by such number of months (not to exceed 6 months)
as the Secretary concerned shall specify in the agreement of
the member under subsection (a).
``(c) Timing of Payment.--The Secretary concerned shall pay
continuation pay under this section to a member when the
member completes 12 years of service.
``(d) Lump Sum or Installments.--A member may elect to
receive continuation pay under this section in a lump sum or
in a series of not more than 4 payments.
``(e) Relationship to Other Pay and Allowances.--
Continuation pay under this section is in addition to any
other pay or allowance to which the member is entitled.
[[Page S3492]]
``(f) Repayment.--A member who receives continuation pay
under this section and fails to complete the obligated
service required under subsection (a)(2)(B)(ii) shall be
subject to the repayment provisions of section 373 of this
title.
``(g) Regulations.--Each Secretary concerned shall
prescribe regulations to carry out this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by adding at
the end the following new item:
``356. Continuation pay after 12 years of service: members
participating in modernized retirement systems.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 2018, and shall apply with
respect to agreements entered into under section 356 of title
37, United States Code, after that date.
SEC. 635. AUTHORITY FOR RETIREMENT FLEXIBILITY FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) Authority for Retirement Flexibility.--Chapter 63 of
title 10, United States Code, is amended by adding at the end
the following new item:
``Sec. 1276. Retirement flexibility: authority to modify
years of service required for retirement for particular
occupational specialities or other groupings
``(a) Authority.--Notwithstanding any other provision of
law, the Secretary concerned may modify the years of service
required for an eligible member to retire, to greater than or
fewer than 20 years of service, in order to facilitate
management actions that shape the personnel profile or
correct manpower shortages within an occupational specialty
or other grouping of members of the uniformed services.
``(b) Eligible Member Defined.--In this section, the term
`eligible member' means a member of the uniformed services
working in an occupational specialty or other grouping
designated by the Secretary concerned as in need of a
management action described in subsection (a).
``(c) Notice-and-wait.--
``(1) Notice required.--The Secretary concerned shall
submit to Congress notice of any proposed modification under
subsection (a).
``(2) Limitation.--The Secretary concerned may not
implement a proposed modification under subsection (a) until
one year after the day on which the notice of the
modification is submitted to Congress under paragraph (1).
``(d) Applicability.--The Secretary concerned may only
modify the required years of service under subsection (a) for
an eligible member who first becomes a member of a uniformed
service on or after the date of the expiration of the one
year period described in subsection (c)(2) that is applicable
to the occupational specialty or other grouping in which the
eligible member works.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 63 of such title is amended by adding at
the end the following new item:
``1276. Retirement flexibility: authority to modify years of service
required for retirement for particular occupational
specialities or other groupings.''.
SEC. 636. TREATMENT OF DEPARTMENT OF DEFENSE MILITARY
RETIREMENT FUND AS A QUALIFIED TRUST.
(a) In General.--Chapter 74 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1468. Treatment as a qualified trust
``For purposes of the Internal Revenue Code of 1986 (26
U.S.C. 1 et seq.)--
``(1) the Fund shall be treated as a trust described in
section 401(a) of such Code (26 U.S.C. 401(a)) which is
exempt from taxation under section 501(a) of such Code (26
U.S.C. 501(a)); and
``(2) any contribution to, or distribution from, the Fund
shall be treated in the same manner as contributions to or
distributions from such a trust.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 74 of such title is amended by adding at
the end the following new item:
``1468. Treatment as a qualified trust.''.
PART II--OTHER MATTERS
SEC. 641. DEATH OF FORMER SPOUSE BENEFICIARIES AND SUBSEQUENT
REMARRIAGES UNDER SURVIVOR BENEFIT PLAN.
(a) In General.--Section 1448(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(7) Effect of death of former spouse beneficiary.--
``(A) Termination of participation in plan.--A person who
elects to provide an annuity to a former spouse under
paragraph (2) or (3) and whose former spouse subsequently
dies is no longer a participant in the Plan, effective on the
date of death of the former spouse.
``(B) Authority for election of new spouse beneficiary.--If
a person's participation in the Plan is discontinued by
reason of the death of a former spouse beneficiary, the
person may elect to resume participation in the Plan and to
elect a new spouse beneficiary as follows:
``(i) Married on the date of death of former spouse.--A
person who is married at the time of the death of the former
spouse beneficiary may elect to provide coverage to that
person's spouse. Such an election must be received by the
Secretary concerned within one year after the date of death
of the former spouse beneficiary.
``(ii) Marriage after death of former spouse beneficiary.--
A person who is not married at the time of the death of the
former spouse beneficiary and who later marries may elect to
provide spouse coverage. Such an election must be received by
the Secretary concerned within one year after the date on
which that person marries.
``(C) Effective date of election.--The effective date of
election under this paragraph shall be as follows:
``(i) An election under subparagraph (B)(i) is effective as
of the first day of the first calendar month following the
death of the former spouse beneficiary.
``(ii) An election under subparagraph (B)(ii) is effective
as of the first day of the first calendar month following the
month in which the election is received by the Secretary
concerned.
``(D) Level of coverage.--A person making an election under
subparagraph (B) may not reduce the base amount previously
elected.
``(E) Procedures.--An election under this paragraph shall
be in writing, signed by the participant, and made in such
form and manner as the Secretary concerned may prescribe.
``(F) Irrevocability.--An election under this paragraph is
irrevocable.''.
(b) Effective Date.--Paragraph (7) of section 1448(b) of
title 10, United States Code, as added by subsection (a),
shall apply with respect to any person whose former spouse
beneficiary dies on or after the date of the enactment of
this Act.
(c) Applicability to Former Spouse Deaths Before
Enactment.--
(1) In general.--A person--
(A) who before the date of the enactment of this Act had a
former spouse beneficiary under the Survivor Benefit Plan who
died before that date; and
(B) who on the date of the enactment of this Act is
married,
may elect to provide spouse coverage for such spouse under
the Plan, regardless of whether the person married such
spouse before or after the death of the former spouse
beneficiary. Any such election may only be made during the
one-year period beginning on the date of the enactment of
this Act.
(2) Effective date of election if married at least a year
at death former spouse.--If the person providing the annuity
was married to the spouse beneficiary for at least one year
at the time of the death of the former spouse beneficiary,
the effective date of such election shall be the first day of
the first month after the death of the former spouse
beneficiary.
(3) Other effective date.--If the person providing the
annuity married the spouse beneficiary after (or during the
one-year period preceding) the death of the former spouse
beneficiary, the effective date of the election shall be the
first day of the first month following the first anniversary
of the person's marriage to the spouse beneficiary.
(4) Responsibility for premiums.--A person electing to
participate in the Plan under this subsection shall be
responsible for payment of all premiums due from the
effective date of the election.
SEC. 642. TRANSITIONAL COMPENSATION AND OTHER BENEFITS FOR
DEPENDENTS OF MEMBERS OF THE ARMED FORCES
INELIGIBLE TO RECEIVE RETIRED PAY AS A RESULT
OF COURT-MARTIAL SENTENCE.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1059 the
following new section:
``Sec. 1059a. Dependents of members of the armed forces
ineligible to receive retired pay as a result of court-
martial sentence: transitional compensation and other
benefits; commissary and exchange benefits
``(a) Authority To Pay Compensation.--The Secretary of
Defense, with respect to the armed forces (other than the
Coast Guard when it is not operating as a service in the
Navy), and the Secretary of Homeland Security, with respect
to the Coast Guard when it is not operating as a service in
the Navy, may each carry out a program under which the
Secretary may pay monthly transitional compensation in
accordance with this section to dependents or former
dependents of a member of the armed forces described in
subsection (b) who is under the jurisdiction of the
Secretary.
``(b) Members Covered.--This section applies in the case of
a member of the armed forces eligible for retired or retainer
pay under this title for years of service who--
``(1) is separated from the armed forces pursuant to the
sentence of a court-martial as a result of misconduct while a
member; and
``(2) has eligibility to receive retired pay terminated
pursuant to such sentence.
``(c) Recipient of Payments.--(1) In the case of a member
of the armed forces described in subsection (b), the
Secretary may pay compensation under this section to
dependents or former dependents of the member as follows:
``(A) If the member was married at the time of the
commission of the offense resulting in separation from the
armed forces, such compensation may be paid to the spouse or
former spouse to whom the member was married at that time,
including an amount for each, if any, dependent child of
[[Page S3493]]
the member who resides in the same household as that spouse
or former spouse.
``(B) If there is a spouse or former spouse who is or, but
for subsection (d)(2), would be eligible for compensation
under this section and if there is a dependent child of the
member who does not reside in the same household as that
spouse or former spouse, compensation under this section may
be paid to each such dependent child of the member who does
not reside in that household.
``(C) If there is no spouse or former spouse who is or, but
for subsection (d)(2), would be eligible under this section,
compensation under this section may be paid to the dependent
children of the member.
``(2) A dependent or former dependent of a member described
in subsection (b) is not eligible for transitional
compensation under this section if the Secretary concerned
determines (under regulations prescribed under subsection
(g)) that the dependent or former dependent either--
``(A) was an active participant in the conduct constituting
the offense under chapter 47 of this title (the Uniform Code
of Military Justice) for which the member was convicted and
separated from the armed forces; or
``(B) did not cooperate with the investigation of such
conduct.
``(d) Commencement and Duration of Payment.--(1) Payment of
transitional compensation under this section shall commence--
``(A) as of the date the court-martial sentence is adjudged
if the sentence, as adjudged, includes--
``(i) a dismissal, dishonorable discharge, or bad conduct
discharge; and
``(ii) forfeiture of all pay and allowances; or
``(B) if there is a pretrial agreement that provides for
disapproval or suspension of the dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances, as of the date of the approval of the court-
martial sentence by the person acting under section 860(c) of
this title (article 60(c) of the Uniform Code of Military
Justice) if the sentence, as approved, includes--
``(i) an unsuspended dismissal, dishonorable discharge, or
bad conduct discharge; and
``(ii) forfeiture of all pay and allowances.
``(2) Paragraphs (2) and (3) of subsection (e), paragraphs
(1) and (2) of subsection (g), and subsections (f) and (h) of
section 1059 of this title shall apply in determining--
``(A) the amount of transitional compensation to be paid
under this section;
``(B) the period for which such compensation may be paid;
and
``(C) the circumstances under which the payment of such
compensation may or will cease.
``(e) Commissary and Exchange Benefits.--A dependent or
former dependent who receives transitional compensation under
this section shall, while receiving such payments, be
entitled to use commissary and exchange stores in the same
manner as provided in subsection (j) of section 1059 of this
title.
``(f) Coordination of Benefits.--(1) The Secretary
concerned may not make payments to a spouse or former spouse
under both this section, on the one hand, and section 1059,
1408(h), or 1408(i) of this title, on the other hand. In the
case of a spouse or former spouse for whom a court order
provides for payments pursuant to section 1408(h) or 1408(i)
of this title and to whom the Secretary offers payments under
this section or section 1059 of this title, the spouse or
former spouse shall elect which payments to receive.
``(2) Upon the cessation of payments of transitional
compensation to a spouse or former spouse under this section
pursuant to subsection (d)(2), a spouse or former spouse who
elected payments of transitional compensation under this
section and either remains or becomes eligible for payments
under section 1408(h) or 1408(i) of this title, as
applicable, may commence receipt of payments under such
section 1408(h) or 1408(i) in accordance with such section.
``(g) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section with respect
to the armed forces (other than the Coast Guard when it is
not operating as a service in the Navy). The Secretary of
Homeland Security shall prescribe regulations to carry out
this section with respect to the Coast Guard when it is not
operating as a service in the Navy.
``(h) Dependent Child Defined.--In this section, the term
`dependent child', with respect to a member or former member
of the armed forces referred to in subsection (b), has the
meaning given such term in subsection (l) of section 1059 of
this title, except that status as a `dependent child' shall
be determined as of the date on which the member described in
subsection (b) is convicted of the offense concerned.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 1059 the following new
item:
``1059a. Dependents of members of the armed forces ineligible to
receive retired pay as a result of court-martial
sentence: transitional compensation and other benefits;
commissary and exchange benefits.''.
(c) Conforming Amendment.--Subsection (i) of section 1059
of title 10, United States Code, is amended to read as
follows:
``(i) Coordination of Benefits.--The Secretary concerned
may not make payments to a spouse or former spouse under both
this section, on the one hand, and section 1059a, 1408(h), or
1408(i) of this title, on the other hand. In the case of a
spouse or former spouse for whom a court order provides for
payments pursuant to section 1408(h) or 1408(i) of this title
and to whom the Secretary offers payments under this section
or section 1059a of this title, the spouse or former spouse
shall elect which payments to receive.''.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality
Benefits and Operations
SEC. 651. COMMISSARY SYSTEM MATTERS.
(a) Operating Expenses.--Section 2483 of title 10, United
States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``supplies and'';
(B) by striking (5); and
(C) by redesignating paragraph (6) as paragraph (5); and
(2) by adding at the end the following new subsections:
``(d) Transportation Costs for Certain Goods and
Supplies.--Appropriated funds may be used to pay any costs
associated with the transportation of commissary goods and
supplies to overseas areas, but only to the extent that the
working capital fund for commissary operations is reimbursed
for the payment of such costs. The sales prices in commissary
stores worldwide shall be adjusted in an equal percentage to
the extent necessary to provide sufficient gross revenues
from such sales to make such reimbursements.
``(e) Uniform System-wide Pricing.--The defense commissary
system shall be managed with the objective of attaining
uniform system-wide pricing.''.
(b) Pricing and Surcharges.--Section 2484 of such title is
amended--
(1) by striking subsection (e) and inserting the following
new subsection (e):
``(e) Sales Price Establishment.--The Secretary of Defense
shall establish the sales price of merchandise sold in, at,
or by commissary stores in amounts sufficient to finance
operating expenses as prescribed in section 2483(b) of this
title and the replenishment of inventories.''; and
(2) in subsection (h)--
(A) in the subsection caption, by striking ``and
Maintenance'' and inserting ``Maintenance, and Purchase of
Operating Supplies''; and
(B) in paragraph (1)(A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(iii) to purchase operating supplies for commissary
stores.''.
(c) Overseas Transportation.--Section 2643(b) of such title
is amended by striking the first sentence and inserting the
following new sentence: ``Defense working capital funds may
be used to cover the transportation costs of commissary goods
and supplies as provided in section 2483(d) of this title.''.
SEC. 652. PLAN ON PRIVATIZATION OF THE DEFENSE COMMISSARY
SYSTEM.
(a) Plan Required.--
(1) In general.--Not later than March 1, 2016, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth a plan for the privatization, in whole
or in part, of the defense commissary system of the
Department of Defense.
(2) Consultation.--The Secretary shall consult with major
grocery retailers in the continental United States in
developing the plan.
(b) Elements.--
(1) Plan elements.--The plan required by subsection (a)
shall ensure the provision of high quality grocery goods and
products, discount savings to patrons, and high levels of
customer satisfaction while achieving savings for the
Department of Defense.
(2) Report elements.--The report required by subsection (a)
should include--
(A) an evaluation of the current rates of basic pay and
basic allowance for subsistence payable to members of the
Armed Forces, and an assessment whether such pay and
allowance should be adjusted to ensure that members maintain
purchasing power for grocery goods and products under the
plan; and
(B) an estimate of any initial and long-term costs or
savings to the Department as a result of the implementation
of the plan.
(3) Recommendations for legislative action.--The plan shall
include recommendations for such legislative action as the
Secretary considers appropriate to implement the plan.
(c) Comptroller General of the United States Assessment of
Plan.--Not later than 120 days after the submittal of the
report required by subsection (a), the Comptroller General of
the United States shall submit to the committees of Congress
referred to in that subsection a report setting forth an
assessment by the Comptroller General of the plan set forth
in the report required by that subsection.
(d) Pilot Program on Privatization.--
(1) Pilot program required.--Commencing as soon as
practicable after the submittal to Congress of the report
required by subsection (c), the Secretary shall carry out a
pilot program to assess the feasibility and advisability of
the plan set forth in the report required by subsection (a).
[[Page S3494]]
(2) Number and location of commissaries.--The pilot program
shall involve not fewer than five commissaries selected by
the Secretary for purposes of the pilot program from among
commissaries in the largest markets of the defense commissary
system in the United States.
(3) Scope of pilot program.--The Secretary shall carry out
the pilot program in accordance with the plan described in
paragraph (1) as modified by the Secretary in light of the
assessment of the plan by the Comptroller General pursuant to
subsection (c). The Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a notice on any modifications made to the
plan for purposes of the pilot program in light of the
assessment.
(4) Additional element on online purchases.--In an addition
to any requirements under paragraph (3), the Secretary may
include in the pilot program a component designed to permit
eligible beneficiaries of the defense commissary system in
the catchment areas of the commissaries selected for
participation in the pilot program to order and purchase
grocery goods and products otherwise available through the
defense commissary system through the Internet and to receive
items so ordered through home delivery.
(5) Duration.--The duration of the pilot program shall be
two years.
(6) Report.--Not later than 180 days after the completion
of the pilot program, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program, including--
(A) an assessment of the feasibility and advisability of
carrying out the plan described in paragraph (1), as
modified, if at all, as described in paragraph (3); and
(B) a description of any modifications to the plan the
Secretary considers appropriate in light of the pilot
program.
SEC. 653. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
THE COMMISSARY SURCHARGE, NON-APPROPRIATED
FUND, AND PRIVATELY-FINANCED MAJOR CONSTRUCTION
PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the Commissary Surcharge, Non-appropriated Fund and
Privately-Financed Major Construction Program of the
Department of Defense.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment whether the Secretary of Defense has
established policies and procedures to ensure the timely
submittal to the committees of Congress referred to in
subsection (a) of notice on construction projects proposed to
be funded through the program referred to in that subsection.
(2) An assessment whether the Secretaries of the military
departments have developed and implemented policies and
procedures to comply with the policies and directives of the
Department of Defense for the submittal to such committees of
Congress of notice on such construction projects.
(3) An assessment whether the Secretary of Defense has
established policies and procedures to notify such committees
of Congress when such construction projects have been
commenced without notice to Congress.
(4) An assessment whether construction projects described
in paragraph (3) have been completed before submittal of
notice to Congress as described in that paragraph and, if so,
a list of such projects.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. URGENT CARE AUTHORIZATION UNDER THE TRICARE
PROGRAM.
(a) Urgent Care.--
(1) In general.--In accordance with the regulations
prescribed under this section, a covered beneficiary under
the TRICARE program shall have access to up to four urgent
care visits per year under that program without the need for
preauthorization for such visits.
(2) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe
regulations to carry out paragraph (1).
(b) Publication.--The Secretary shall--
(1) publish information on any modifications made pursuant
to subsection (a) to the authorization requirements for the
receipt of urgent care under the TRICARE program--
(A) on the primary Internet website that is available to
the public of the Department; and
(B) on the primary Internet website that is available to
the public of each military medical treatment facility; and
(2) ensure that such information is made available on the
primary Internet website that is available to the public of
each current managed care contractor that has established a
health care provider network under the TRICARE program.
(c) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given
such terms in section 1072 of title 10, United States Code.
SEC. 702. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE
TRICARE PHARMACY BENEFITS PROGRAM.
Paragraph (6) of section 1074g(a) of title 10, United
States Code, is amended to read as follows:
``(6)(A) In the case of any of the years 2016 through 2025,
the cost-sharing amounts under this subsection shall be
determined in accordance with the following table:
------------------------------------------------------------------------
The cost-
The cost- sharing The cost-
sharing The cost- amount The cost- sharing
amount sharing for a 90- sharing amount for
for 30- amount for day amount for a 90-day
``For: day 30-day supply of a 90-day supply of a
supply of supply of a a mail supply of a mail order
a retail retail order mail order non-
generic formulary generic formulary formulary
is: is: is: is: is:
------------------------------------------------------------------------
2016 $8 $28 $0 $28 $54
------------------------------------------------------------------------
2017 $8 $30 $0 $30 $58
------------------------------------------------------------------------
2018 $8 $32 $0 $32 $62
------------------------------------------------------------------------
2019 $9 $34 $9 $34 $66
------------------------------------------------------------------------
2020 $10 $36 $10 $36 $70
------------------------------------------------------------------------
2021 $11 $38 $11 $38 $75
------------------------------------------------------------------------
2022 $12 $40 $12 $40 $80
------------------------------------------------------------------------
2023 $13 $43 $13 $43 $85
------------------------------------------------------------------------
2024 $14 $45 $14 $45 $90
------------------------------------------------------------------------
2025 $14 $46 $14 $46 $92
------------------------------------------------------------------------
``(B) For any year after 2025, the cost-sharing amounts
under this subsection shall be equal to the cost-sharing
amounts for the previous year adjusted by an amount, if any,
determined by the Secretary to reflect changes in the costs
of pharmaceutical agents and prescription dispensing, rounded
to the nearest dollar.
``(C) Notwithstanding subparagraphs (A) and (B), the cost-
sharing amounts under this subsection for any year for a
dependent of a member of the uniformed services who dies
while on active duty, a member retired under chapter 61 of
this title, or a dependent of such a member shall be equal to
the cost-sharing amounts, if any, for 2015.''.
SEC. 703. EXPANSION OF CONTINUED HEALTH BENEFITS COVERAGE TO
INCLUDE DISCHARGED AND RELEASED MEMBERS OF THE
SELECTED RESERVE.
(a) In General.--Subsection (b) of section 1078a of title
10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) A member of the Selected Reserve of the Ready Reserve
of a reserve component of the armed forces who--
``(A) is discharged or released from service in the
Selected Reserve, whether voluntarily or involuntarily, under
other than adverse conditions, as characterized by the
Secretary concerned;
``(B) immediately preceding that discharge or release, is
eligible to enroll in TRICARE Standard coverage under section
1076d of this title; and
[[Page S3495]]
``(C) after that discharge or release, would not otherwise
be eligible for any benefits under this chapter.''.
(b) Notification of Eligibility.--Subsection (c)(2) of such
section is amended by inserting ``or subsection (b)(2)''
after ``subsection (b)(1)''.
(c) Election of Coverage.--Subsection (d) of such section
is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In the case of a member described in subsection
(b)(2), the written election shall be submitted to the
Secretary concerned before the end of the 60-day period
beginning on the later of--
``(A) the date of the discharge or release of the member
from service in the Selected Reserve; and
``(B) the date the member receives the notification
required pursuant to subsection (c).''.
(d) Coverage of Dependents.--Subsection (e) of such section
is amended by inserting ``or subsection (b)(2)'' after
``subsection (b)(1)''.
(e) Period of Continued Coverage.--Subsection (g)(1) of
such section is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E); and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) in the case of a member described in subsection
(b)(2), the date which is 18 months after the date the member
ceases to be eligible to enroll in TRICARE Standard coverage
under section 1076d of this title;''.
(f) Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)--
(A) in paragraph (3), by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)''; and
(B) in paragraph (4), by striking ``subsection (b)(3)'' and
inserting ``subsection (b)(4)'';
(2) in subsection (d)--
(A) in paragraph (3), as redesignated by subsection (c)(1),
by striking ``subsection (b)(2)'' and inserting ``subsection
(b)(3)'';
(B) in paragraph (4), as so redesignated, by striking
``subsection (b)(3)'' and inserting ``subsection (b)(4)'';
and
(C) in paragraph (5), as so redesignated, by striking
``subsection (b)(4)'' and inserting ``subsection (b)(5)'';
(3) in subsection (e), by striking ``subsection (b)(2) or
subsection (b)(3)'' and inserting ``subsection (b)(3) or
subsection (b)(4)''; and
(4) in subsection (g)--
(A) in paragraph (1)--
(i) in subparagraph (C), as redesignated by subsection
(e)(1), by striking ``subsection (b)(2)'' and inserting
``subsection (b)(3)'';
(ii) in subparagraph (D), as so redesignated, by striking
``subsection (b)(3)'' and inserting ``subsection (b)(4)'';
and
(iii) in subparagraph (E), as so redesignated, by striking
``subsection (b)(4)'' and inserting ``subsection (b)(5)'';
(B) in paragraph (2)--
(i) by striking ``paragraph (1)(B)'' and inserting
``paragraph (1)(C)''; and
(ii) by striking ``subsection (b)(2)'' and inserting
``subsection (b)(3)''; and
(C) in paragraph (3)--
(i) by striking ``paragraph (1)(C)'' and inserting
``paragraph (1)(D)''; and
(ii) by striking ``subsection (b)(3)'' and inserting
``subsection (b)(4)''.
SEC. 704. EXPANSION OF REIMBURSEMENT FOR SMOKING CESSATION
SERVICES FOR CERTAIN TRICARE BENEFICIARIES.
Section 713(f) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4503) is amended--
(1) in paragraph (1)(A), by striking ``during fiscal year
2009'';
(2) in paragraph (1)(B), by striking ``during such
period''; and
(3) in paragraph (2), by striking ``during fiscal year
2009'' and inserting ``after September 30, 2008''.
SEC. 705. PILOT PROGRAM ON TREATMENT OF MEMBERS OF THE ARMED
FORCES FOR POST-TRAUMATIC STRESS DISORDER
RELATED TO MILITARY SEXUAL TRAUMA.
(a) In General.--The Secretary of Defense may conduct a
pilot program to provide intensive outpatient programs to
treat members of the Armed Forces suffering from post-
traumatic stress disorder resulting from military sexual
trauma, including treatment for substance abuse, depression,
and other issues related to such conditions.
(b) Grants to Community Partners.--
(1) In general.--The Secretary of Defense may carry out the
pilot program through the award of grants to community
partners described in paragraph (2).
(2) Community partners.--A community partner described in
this paragraph is a private health care organization or
institution that--
(A) provides health care to members of the Armed Forces;
(B) provides evidence-based treatment for psychological and
neurological conditions that are common among members of the
Armed Forces, including post-traumatic stress disorder,
traumatic brain injury, substance abuse, and depression;
(C) provides health care, support, and other benefits to
family members of members of the Armed Forces; and
(D) provides health care under the TRICARE program (as that
term is defined in section 1072 of title 10, United States
Code).
(c) Requirements of Grant Recipients.--Each community
partner awarded a grant under subsection (b) shall--
(1) carry out intensive outpatient programs of short
duration to treat members of the Armed Forces suffering from
post-traumatic stress disorder resulting from military sexual
trauma, including treatment for substance abuse, depression,
and other issues related to such conditions;
(2) use evidence-based and evidence-informed treatment
strategies in carrying out such programs;
(3) share clinical and outreach best practices with other
community partners participating in the pilot program; and
(4) annually assess outcomes for members of the Armed
Forces individually and throughout the community partner with
respect to the treatment of conditions described in paragraph
(1).
(d) Federal Share.--The Federal share of the costs of a
program carried out by a community partner using a grant
under this section may not exceed 50 percent.
(e) Termination.--The Secretary of Defense may not carry
out the conduct of the pilot program after the date that is
three years after the date of the enactment of this Act.
Subtitle B--Health Care Administration
SEC. 711. ACCESS TO HEALTH CARE UNDER THE TRICARE PROGRAM.
(a) Access to Health Care.--
(1) In general.--The Secretary of Defense shall ensure that
covered beneficiaries under the TRICARE program seeking an
appointment for health care under such program at a military
medical treatment facility obtain such an appointment at such
facility within the wait-time goals specified for the receipt
of such health care pursuant to the health care access
standards established under subsection (b).
(2) Use of contract authority.--If a covered beneficiary is
unable to obtain an appointment within the wait-time goals
described in paragraph (1), such covered beneficiary shall be
offered an appointment within such wait-time goals with a
health care provider with which a contract has been entered
into under the TRICARE program.
(b) Standards for Access to Care.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish
health care access standards, including wait-time goals for
appointments, for the receipt of health care under the
TRICARE program, whether received at military medical
treatment facilities or from health care providers with which
a contract has been entered into under such program.
(2) Categories of care.--The health care access standards
established under paragraph (1) shall include standards with
respect to the following categories of health care:
(A) Primary care, including pediatric care, maternity care,
gynecological care, and other subcategories of primary care.
(B) Specialty care, including behavioral health care and
other subcategories of specialty care.
(3) Modifications.--The Secretary may modify the health
care access standards established under paragraph (1)
whenever the Secretary considers the modification of such
standards appropriate.
(4) Publication.--The Secretary shall publish the health
care access standards established under paragraph (1), and
any modifications to such standards, in the Federal Register
and on a publicly accessible Internet website of the
Department of Defense.
(c) Publication of Appointment Wait Times.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish on a
publicly accessible Internet website of each military medical
treatment facility that offers a category or subcategory of
health care covered by the standards under subsection (b)(2)
the average wait-time for a covered beneficiary for an
appointment at such facility for the receipt of each such
category and subcategory of health care.
(2) Modifications.--Whenever there is a modification of a
wait-time for a category or subcategory of health care
published under this subsection, the Secretary shall publish
on a publicly accessible Internet website of each military
medical treatment facility that provides such category or
subcategory of health care the modified wait-time for such
category or subcategory of health care.
(d) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given
such terms in section 1072 of title 10, United States Code.
SEC. 712. PORTABILITY OF HEALTH PLANS UNDER THE TRICARE
PROGRAM.
(a) Health Plan Portability.--
(1) In general.--The Secretary of Defense shall ensure that
covered beneficiaries under the TRICARE program who are
covered under a health plan under such program are able to
seamlessly access health care under such health plan in each
TRICARE program region.
(2) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe
regulations to carry out paragraph (1).
[[Page S3496]]
(b) Mechanisms to Ensure Portability.--In carrying out
subsection (a), the Secretary shall do the following:
(1) Provide for the automatic electronic transfer of
demographic, enrollment, and claims information between the
contractors responsible for administering the TRICARE program
in each TRICARE region when covered beneficiaries under the
TRICARE program relocate between such regions.
(2) Ensure such covered beneficiaries are able to obtain a
new primary health care provider within ten days of
undergoing such relocation.
(3) Develop a process for such covered beneficiaries to
receive urgent care without preauthorization while undergoing
such relocation.
(c) Publication.--The Secretary shall--
(1) publish information on any modifications made pursuant
to subsection (a) with respect to the ability of covered
beneficiaries under the TRICARE program who are covered under
a health plan under such program to access health care in
each TRICARE region on the primary Internet website of the
Department that is available to the public; and
(2) ensure that such information is made available on the
primary Internet website that is available to the public of
each current contractor responsible for administering the
TRICARE program.
(d) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given
such terms in section 1072 of title 10, United States Code.
SEC. 713. IMPROVEMENT OF MENTAL HEALTH CARE PROVIDED BY
HEALTH CARE PROVIDERS OF THE DEPARTMENT OF
DEFENSE.
(a) Training on Recognition and Management of Risk of
Suicide.--
(1) Initial training.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall ensure that all primary care and mental health care
providers of the Department of Defense receive, or have
already received, evidence-based training on the recognition
and assessment of individuals at risk for suicide and the
management of such risk.
(2) Additional training.--The Secretary shall ensure that
providers who receive, or have already received, training
described in paragraph (1) receive such additional training
thereafter as may be required based on evidence-based changes
in health care practices.
(b) Assessment of Mental Health Workforce.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report assessing the mental
health workforce of the Department of Defense and the long-
term mental health care needs of members of the Armed Forces
and their dependents for purposes of determining the long-
term requirements of the Department for mental health care
providers.
(2) Elements.--The report submitted under paragraph (1)
shall include an assessment of the following:
(A) The number of mental health care providers of the
Department of Defense as of the date of the submittal of the
report, disaggregated by specialty, including psychiatrists,
psychologists, social workers, mental health counselors, and
marriage and family therapists.
(B) The number of mental health care providers that are
anticipated to be needed by the Department.
(C) The types of mental health care providers that are
anticipated to be needed by the Department.
(D) Locations in which mental health care providers are
anticipated to be needed by the Department.
(c) Plan for Development of Procedures to Measure Mental
Health Data.--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 plan for the Department of Defense
to develop procedures to compile and assess data relating to
the following:
(1) Outcomes for mental health care provided by the
Department.
(2) Variations in such outcomes among different medical
facilities of the Department.
(3) Barriers, if any, to the implementation by mental
health care providers of the Department of the clinical
practice guidelines and other evidence-based treatments and
approaches recommended for such providers by the Secretary.
SEC. 714. COMPREHENSIVE STANDARDS AND ACCESS TO CONTRACEPTION
COUNSELING FOR MEMBERS OF THE ARMED FORCES.
(a) Purpose.--The purpose of this section is to ensure that
all health care providers employed by the Department of
Defense who provide care for members of the Armed Forces,
including general practitioners, are provided, through
clinical practice guidelines, the most current evidence-based
and evidence-informed standards of care with respect to
methods of contraception and counseling on methods of
contraception.
(b) Clinical Practice Guidelines.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
compile clinical practice guidelines for health care
providers described in subsection (a) on standards of care
with respect to methods of contraception and counseling on
methods of contraception for members of the Armed Forces.
(2) Sources.--The Secretary shall compile clinical practice
guidelines under this subsection from among clinical practice
guidelines established by appropriate health agencies and
professional organizations, including the following:
(A) The United States Preventive Services Task Force.
(B) The Centers for Disease Control and Prevention.
(C) The Office of Population Affairs of the Department of
Health and Human Services.
(D) The American College of Obstetricians and
Gynecologists.
(E) The Association of Reproductive Health Professionals.
(F) The American Academy of Family Physicians.
(G) The Agency for Healthcare Research and Quality.
(3) Updates.--The Secretary shall from time to time update
the list of clinical practice guidelines compiled under this
subsection to incorporate into such guidelines new or updated
standards of care with respect to methods of contraception
and counseling on methods of contraception.
(4) Dissemination.--
(A) Initial dissemination.--As soon as practicable after
the compilation of clinical practice guidelines pursuant to
paragraph (1), but commencing not later than one year after
the date of the enactment of this Act, the Secretary shall
provide for rapid dissemination of the clinical practice
guidelines to health care providers described in subsection
(a).
(B) Updates.--As soon as practicable after the adoption
under paragraph (3) of any update to the clinical practice
guidelines compiled pursuant to this subsection, the
Secretary shall provide for the rapid dissemination of such
clinical practice guidelines, as so updated, to health care
providers described in subsection (a).
(C) Protocols.--Clinical practice guidelines, and any
updates to such guidelines, shall be disseminated under this
paragraph in accordance with administrative protocols
developed by the Secretary for that purpose.
(c) Clinical Decision Support Tools.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall, in order to
assist health care providers described in subsection (a),
develop and implement clinical decision support tools that
reflect, through the clinical practice guidelines compiled
pursuant to subsection (b), the most current evidence-based
and evidence-informed standards of care with respect to
methods of contraception and counseling on methods of
contraception.
(2) Updates.--The Secretary shall from time to time update
the clinical decision support tools developed under this
subsection to incorporate into such tools new or updated
guidelines on methods of contraception and counseling on
methods of contraception.
(3) Dissemination.--Clinical decision support tools, and
any updates to such tools, shall be disseminated under this
subsection in accordance with administrative protocols
developed by the Secretary for that purpose. Such protocols
shall be similar to the administrative protocols developed
under subsection (b)(4)(C).
(d) Access to Contraception Counseling.--As soon as
practicable after the date of the enactment of this Act, the
Secretary shall ensure that women members of the Armed Forces
have access to comprehensive counseling on the full range of
methods of contraception provided by health care providers
described in subsection (a) during health care visits,
including visits as follows:
(1) During predeployment health care visits, including
counseling that provides specific information women need
regarding the interaction between anticipated deployment
conditions and various methods of contraception.
(2) During health care visits during deployment.
(3) During annual physical examinations.
(e) Incorporation Into Surveys of Questions on Servicewomen
Experiences With Family Planning Services and Counseling.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall integrate into
the surveys by the Department of Defense specified in
paragraph (2) questions designed to obtain information on the
experiences of women members of the Armed Forces--
(A) in accessing family planning services and counseling;
(B) in using family planning methods, including information
on which method was preferred and whether deployment
conditions affected the decision on which family planning
method or methods to be used; and
(C) with respect to women members of the Armed Forces who
are pregnant, whether the pregnancy was intended.
(2) Covered surveys.--The surveys into which questions
shall be integrated as described in paragraph (1) are the
following:
(A) The Health Related Behavior Survey of Active Duty
Military Personnel.
(B) The Health Care Survey of Department of Defense
Beneficiaries.
(f) Education on Family Planning for Members of the Armed
Forces.--
(1) Education programs.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall establish a uniform standard curriculum to be
[[Page S3497]]
used in education programs on family planning for all members
of the Armed Forces, including both men and women members.
(2) Sense of congress.--It is the sense of Congress that
the education programs described in paragraph (1) should use
the latest technology available to efficiently and
effectively deliver information to members of the Armed
Forces.
(3) Elements.--The uniform standard curriculum under
paragraph (1) shall include the following:
(A) Information for members of the Armed Forces on active
duty to make informed decisions regarding family planning.
(B) Information about the prevention of unintended
pregnancy and sexually transmitted infections, including
human immunodeficiency virus (HIV).
(C) Information on the importance of providing
comprehensive family planning for members of the Armed
Forces, and their commanding officers, and on the positive
impact family planning can have on the health and readiness
of the Armed Forces.
(D) Current, medically accurate information.
(E) Clear, user-friendly information on the full range of
methods of contraception and where members of the Armed
Forces can access their chosen method of contraception.
(F) Information on all applicable laws and policies so that
members are informed of their rights and obligations.
(G) Information on patients' rights to confidentiality.
(H) Information on the unique circumstances encountered by
members of the Armed Forces, and the effects of such
circumstances on the use of contraception.
SEC. 715. WAIVER OF RECOUPMENT OF ERRONEOUS PAYMENTS DUE TO
ADMINISTRATIVE ERROR UNDER THE TRICARE PROGRAM.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095f the
following new section:
``Sec. 1095g. TRICARE program: waiver of recoupment of
erroneous payments due to administrative error
``(a) Waiver of Recoupment.--The Secretary of Defense may
waive recoupment from a covered beneficiary who has
benefitted from an erroneous TRICARE payment in a case in
which each of the following applies:
``(1) The payment was made due to an administrative error
by an employee of the Department of Defense or a contractor
under the TRICARE program.
``(2) The covered beneficiary (or in the case of a minor,
the parent or guardian of the covered beneficiary) had a good
faith, reasonable belief that the covered beneficiary was
entitled to the benefit of such payment under this chapter.
``(3) The covered beneficiary relied on the expectation of
such entitlement.
``(4) The Secretary determines that a waiver of recoupment
of such payment is necessary to prevent an injustice.
``(b) Responsibility of Contractor.--In any case in which
the Secretary waives recoupment under subsection (a) and the
administrative error was on the part of a contractor under
the TRICARE program, the Secretary shall, consistent with the
requirements and procedures of the applicable contract,
impose financial responsibility on the contractor for the
erroneous payment.
``(c) Finality of Determinations.--Any determination by the
Secretary under this section to waive or decline to waive
recoupment under subsection (a) is a final determination and
shall not be subject to appeal or judicial review.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1095f the following new
item:
``1095g. TRICARE program: waiver of recoupment of erroneous payments
due to administrative error.''.
SEC. 716. DESIGNATION OF CERTAIN NON-DEPARTMENT MENTAL HEALTH
CARE PROVIDERS WITH KNOWLEDGE RELATING TO
TREATMENT OF MEMBERS OF THE ARMED FORCES.
(a) Mental Health Provider Readiness Designation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
develop a system by which any non-Department mental health
care provider that meets eligibility criteria established by
the Secretary relating to the knowledge described in
paragraph (2) receives a mental health provider readiness
designation from the Department of Defense.
(2) Knowledge described.--The knowledge described in this
paragraph is the following:
(A) Knowledge and understanding with respect to the culture
of members of the Armed Forces and family members and
caregivers of members of the Armed Forces.
(B) Knowledge with respect to evidence-based treatments
that have been approved by the Department for the treatment
of mental health issues among members of the Armed Forces.
(b) Availability of Information on Designation.--
(1) Registry.--The Secretary of Defense shall establish and
update as necessary a registry that is available to the
public of all non-Department mental health care providers
that are currently designated under subsection (a)(1).
(2) Provider list.--The Secretary shall update all lists
maintained by the Secretary of non-Department mental health
care providers that provide mental health care under the laws
administered by the Secretary by indicating the providers
that are currently designated under subsection (a)(1).
(c) Non-Department Mental Health Care Provider Defined.--In
this section, the term ``non-Department mental health care
provider''--
(1) means a health care provider that--
(A) specializes in mental health;
(B) is not a health care provider of the Department of
Defense; and
(C) provides health care to members of the Armed Forces;
and
(2) includes psychiatrists, psychologists, psychiatric
nurses, social workers, mental health counselors, marriage
and family therapists, and other mental health care providers
designated by the Secretary of Defense.
SEC. 717. LIMITATION ON CONVERSION OF MILITARY MEDICAL AND
DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL
POSITIONS.
(a) Limited Authority for Conversion.--Chapter 49 of title
10, United States Code, is amended by inserting after section
976 the following new section:
``Sec. 977. Conversion of military medical and dental
positions to civilian medical and dental positions:
limitation
``(a) Requirements Relating to Conversion.--A military
medical or dental position within the Department of Defense
may not be converted to a civilian medical or dental position
unless the Secretary of Defense determines that--
``(1) the position is not a military essential position;
``(2) conversion of the position would not result in the
degradation of medical or dental care or the medical or
dental readiness of the armed forces; and
``(3) conversion of the position to a civilian medical or
dental position is more cost effective than retaining the
position as a military medical or dental position, consistent
with Department of Defense Instruction 7041.04.
``(b) Definitions.--In this section:
``(1) The term `military medical or dental position' means
a position for the performance of health care functions
within the armed forces held by a member of the armed forces.
``(2) The term `civilian medical or dental position' means
a position for the performance of health care functions
within the Department of Defense held by an employee of the
Department or of a contractor of the Department.
``(3) The term `military essential', with respect to a
position, means that the position must be held by a member of
the armed forces, as determined in accordance with
regulations prescribed by the Secretary.
``(4) The term `conversion', with respect to a military
medical or dental position, means a change of the position to
a civilian medical or dental position, effective as of the
date of the manning authorization document of the military
department making the change (through a change in designation
from military to civilian in the document, the elimination of
the listing of the position as a military position in the
document, or through any other means indicating the change in
the document or otherwise).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 49 of such title is amended by inserting
after the item relating to section 976 the following new
item:
``977. Conversion of military medical and dental positions to civilian
medical and dental positions: limitation.''.
(c) Repeal of Related Prohibition.--Section 721 of the
National Defense Authorization Act for Fiscal Year 2008 (10
U.S.C. 129c note) is repealed.
SEC. 718. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as
amended by section 722 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), is further amended by
striking ``September 30, 2016'' and inserting ``September 30,
2017''.
SEC. 719. EXTENSION OF AUTHORITY FOR DOD-VA HEALTH CARE
SHARING INCENTIVE FUND.
Section 8111(d)(3) of title 38, United States Code, is
amended by striking ``September 30, 2015'' and inserting
``September 30, 2020''.
SEC. 720. PILOT PROGRAM ON INCENTIVE PROGRAMS TO IMPROVE
HEALTH CARE PROVIDED UNDER THE TRICARE PROGRAM.
(a) Pilot Program.--The Secretary of Defense shall carry
out a pilot program to assess whether a reduction in the rate
of increase in health care spending by the Department of
Defense and an enhancement of the operation of the military
health system may be achieved by developing and implementing
value-based incentive programs to encourage health care
providers under the TRICARE program (including physicians,
hospitals, and others involved in providing health care to
patients) to improve the following:
(1) The quality of health care provided to covered
beneficiaries under the TRICARE program.
[[Page S3498]]
(2) The experience of covered beneficiaries in receiving
health care under the TRICARE program.
(3) The health of covered beneficiaries.
(b) Incentive Programs.--
(1) Development.--In developing an incentive program under
this section, the Secretary shall--
(A) consider the characteristics of the population of
covered beneficiaries affected by the incentive program;
(B) consider how the incentive program would impact the
receipt of health care under the TRICARE program by such
covered beneficiaries;
(C) establish or maintain a reasonable assurance that such
covered beneficiaries will have timely access to health care
during operation of the incentive program;
(D) ensure that there are no additional financial costs to
such covered beneficiaries of implementing the incentive
program; and
(E) consider such other factors as the Secretary considers
appropriate.
(2) Elements.--With respect to an incentive program
developed and implemented under this section, the Secretary
shall ensure that--
(A) the size, scope, and duration of the incentive program
is reasonable in relation to the purpose of the incentive
program; and
(B) appropriate criteria and data collection are used to
ensure adequate evaluation of the feasibility and
advisability of implementing the incentive program throughout
the TRICARE program.
(3) Use of existing models.--In developing an incentive
program under this section, the Secretary may adapt a value-
based incentive program conducted by the Centers for Medicare
& Medicaid Services or any other governmental or commercial
health care program.
(c) Termination.--The authority of the Secretary to carry
out the pilot program under this section shall terminate on
December 31, 2019.
(d) Report.--Not later than March 15, 2019, the Secretary
shall submit to the congressional defense committees a report
on the pilot program that includes the following:
(1) An assessment of each incentive program developed and
implemented under this section, including whether such
incentive program--
(A) improves the quality of health care provided to covered
beneficiaries, the experience of covered beneficiaries in
receiving health care under the TRICARE program, or the
health of covered beneficiaries;
(B) reduces the rate of increase in health care spending by
the Department of Defense; or
(C) enhances the operation of the military health system.
(2) Such recommendations for administrative or legislative
action as the Secretary considers appropriate in light of the
pilot program, including to implement any such incentive
program or programs throughout the TRICARE program.
(e) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meanings given
those terms in section 1072 of title 10, United States Code.
Subtitle C--Reports and Other Matters
SEC. 731. PUBLICATION OF CERTAIN INFORMATION ON HEALTH CARE
PROVIDED BY THE DEPARTMENT OF DEFENSE THROUGH
THE HOSPITAL COMPARE WEBSITE OF THE DEPARTMENT
OF HEALTH AND HUMAN SERVICES.
(a) Memorandum of Understanding Required.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall enter into a memorandum of
understanding with the Secretary of Health and Human Services
for the provision by the Secretary of Defense of such
information as the Secretary of Health and Human Services may
require to report and make publicly available information on
quality of care and health outcomes regarding patients at
military medical treatment facilities through the Hospital
Compare Internet website of the Department of Health and
Human Services, or any successor Internet website.
(b) Information Provided.--The information provided by the
Secretary of Defense to the Secretary of Health and Human
Services under subsection (a) shall include the following:
(1) Measures of the timeliness and effectiveness of the
health care provided by the Department of Defense.
(2) Measures of the prevalence of--
(A) readmissions, including the 30-day readmission rate;
(B) complications resulting in death, including the 30-day
mortality rate;
(C) surgical complications; and
(D) health care related infections.
(3) Survey data of patient experiences, including the
Hospital Consumer Assessment of Healthcare Providers and
Systems or any similar survey developed by the Department of
Defense.
(4) Any other measures or data required of or reported with
respect to hospitals participating in the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.).
SEC. 732. PUBLICATION OF DATA ON PATIENT SAFETY, QUALITY OF
CARE, SATISFACTION, AND HEALTH OUTCOME MEASURES
UNDER THE TRICARE PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
publish on an Internet website of the Department of Defense
that is available to the public data on all measures used by
the Department to assess patient safety, quality of care,
patient satisfaction, and health outcomes for health care
provided under the TRICARE program at each military medical
treatment facility.
(b) Updates.--The Secretary shall publish an update to the
data published under subsection (a) not less frequently than
once each quarter during each fiscal year.
(c) Accessibility.--The Secretary shall ensure that the
data published under subsection (a) and updated under
subsection (b) is accessible to the public through the
primary Internet website of the Department and the primary
Internet website of the military medical treatment facility
with respect to which such data applies.
(d) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such terms in
section 1072 of title 10, United States Code.
SEC. 733. ANNUAL REPORT ON PATIENT SAFETY, QUALITY OF CARE,
AND ACCESS TO CARE AT MILITARY MEDICAL
TREATMENT FACILITIES.
(a) In General.--Not later than March 1 each year beginning
in 2016, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a comprehensive report on patient safety,
quality of care, and access to care at military medical
treatment facilities.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) The number of sentinel events, as defined by the Joint
Commission, that occurred at military medical treatment
facilities during the year preceding the submittal of the
report, disaggregated by--
(A) military medical treatment facility; and
(B) military department with jurisdiction over such
facilities.
(2) With respect to each sentinel event described in
paragraph (1)--
(A) a synopsis of such event; and
(B) a description of any actions taken by the Secretary of
the military department concerned in response to such event,
including any actions taken to hold individuals accountable.
(3) The number of practitioners providing health care in
military medical treatment facilities that were reported to
the National Practitioner Data Bank during the year preceding
the submittal of the report.
(4) The results of any internal analyses conducted by the
Patient Safety Center of the Department of Defense during
such year on matters relating to patient safety at military
medical treatment facilities.
(5) With respect to each military medical treatment
facility--
(A) the current accreditation status of such facility,
including any recommendations for corrective action made by
the relevant accrediting body;
(B) any policies or procedures implemented during such year
by the Secretary of the military department concerned that
were designed to improve patient safety, quality of care, and
access to care at such facility;
(C) data on surgical and maternity care outcomes during
such year;
(D) data on appointment wait times during such year; and
(E) data on patient safety, quality of care, and access to
care as compared to standards established by the Department
with respect to patient safety, quality of care, and access
to care.
SEC. 734. REPORT ON PLANS TO IMPROVE EXPERIENCE WITH AND
ELIMINATE PERFORMANCE VARIABILITY OF HEALTH
CARE PROVIDED BY THE DEPARTMENT OF DEFENSE.
(a) Comprehensive Report.--
(1) In general.--Not later than 180 days after the date of
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 comprehensive report setting forth
the current and future plans of the Secretary, with estimated
dates of completion, to carry out the following:
(A) To improve the experience of beneficiaries with health
care provided in military medical treatment facilities and
through purchased care.
(B) To eliminate performance variability with respect to
the provision of such health care.
(2) Elements.--The comprehensive report required by
paragraph (1) shall include the plans of the Secretary of
Defense, in consultation with the Secretaries of the military
departments, as follows:
(A) To align performance measures for health care provided
in military medical treatment facilities with performance
measures for health care provided through purchased care.
(B) To improve underperformance in the provision of health
care by the Department of Defense by eliminating performance
variability with respect to the provision of health care in
military medical treatment facilities and through purchased
care.
(C) To use innovative, high-technology services to improve
access to care, coordination of care, and the experience of
care in military medical treatment facilities and through
purchased care.
(D) To collect and analyze data throughout the Department
with respect to health care
[[Page S3499]]
provided in military medical treatment facilities and through
purchased care to improve the quality of such care, patient
safety, and patient satisfaction.
(E) To develop a performance management system, including
by adoption of common measures for access to care, quality of
care, safety, and patient satisfaction, that holds medical
leadership throughout the Department personally accountable
for sustained improvement of performance.
(F) To use such other methods as the Secretary considers
appropriate to improve the experience of beneficiaries with
and eliminate performance variability with respect to health
care received from the Department.
(b) Comptroller General Report.--
(1) In general.--Not later than 180 days after the
submittal of the comprehensive report required by subsection
(a), the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the plans of the
Secretary of Defense set forth in the comprehensive report
submitted under such subsection.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment whether the plans included in the
comprehensive report submitted under subsection (a) will,
with respect to members of the Armed Forces and covered
beneficiaries under the TRICARE program--
(i) improve health outcomes;
(ii) create lasting health value; and
(iii) ensure that such individuals are able to equitably
obtain quality health care in all military medical treatment
facilities and through purchased care.
(B) An assessment whether such plans can be reasonably
achieved within the estimated dates of completion set forth
by the Department under such subsection.
(C) An assessment whether any such plan would require
legislative action for the implementation of such plan.
(D) An assessment whether the Department of Defense has
adequately budgeted amounts to fund the carrying out of such
plans.
(c) Definitions.--In this section:
(1) The term ``purchased care'' means health care provided
pursuant to a contract entered into under the TRICARE
program.
(2) The terms ``covered beneficiary'' and ``TRICARE
program'' have the meaning given such terms in section 1072
of title 10, United States Code.
SEC. 735. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND
RELATED SERVICES FOR CHILDREN OF MEMBERS OF THE
ARMED FORCES.
(a) In General.--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 setting forth a plan of
the Department of Defense to improve pediatric care and
related services for children of members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) In order to ensure that children receive
developmentally-appropriate and age-appropriate health care
services from the Department, a plan to align preventive
pediatric care under the TRICARE program with--
(A) standards for such care as required by the Patient
Protection and Affordable Care Act (Public Law 111-148);
(B) guidelines established for such care by the Early and
Periodic Screening, Diagnosis, and Treatment program under
the Medicaid program carried out under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.); and
(C) recommendations by organizations that specialize in
pediatrics.
(2) A plan to develop a uniform definition of ``pediatric
medical necessity'' for the Department that aligns with
recommendations of organizations that specialize in
pediatrics in order to ensure that a consistent definition of
such term is used in providing health care in military
medical treatment facilities and by health care providers
under the TRICARE program.
(3) A plan to revise certification requirements for
residential treatment centers of the Department to expand the
access of children of members of the Armed Forces to services
at such centers.
(4) A plan to develop measures to evaluate and improve
access to pediatric care, coordination of pediatric care, and
health outcomes for such children.
(5) A plan to include an assessment of access to pediatric
specialty care in the annual report to Congress on the
effectiveness of the TRICARE program.
(6) A plan to improve the quality of and access to
behavioral health care under the TRICARE program for such
children, including intensive outpatient and partial
hospitalization services.
(7) A plan to mitigate the impact of permanent changes of
station and other service-related relocations of members of
the Armed Forces on the continuity of health care services
received by such children who have special medical or
behavioral health needs.
(8) A plan to mitigate deficiencies in data collection,
data utilization, and data analysis to improve pediatric care
and related services for children of members of the Armed
Forces.
(c) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such term in
section 1072 of title 10, United States Code.
SEC. 736. 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 mental health screenings
of individuals enlisting or accessioning into the Armed
Forces before enlistment or accession.
(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
members of the Armed Forces to bring mental health screenings
to parity with physical screenings of members.
(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.
(c) Coordination and Consultation.--The Secretary shall
prepare the report under subsection (a)--
(1) in coordination with the Secretary of Veterans Affairs,
the Secretary of Health and Human Services, and the surgeons
general of the military departments; and
(2) in consultation with experts in the field, including
the National Institute of Mental Health of the National
Institutes of Health.
SEC. 737. COMPTROLLER GENERAL REPORT ON USE OF QUALITY OF
CARE METRICS AT MILITARY TREATMENT FACILITIES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the use by the Department of Defense of metrics
with respect to the quality of care provided at military
treatment facilities.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The extent to which the Department of Defense and each
military department use metrics to monitor and assess the
quality of care provided at military treatment facilities.
(2) How, if at all, the use of such metrics varies among
the Department of Defense and each military department.
(3) The extent to which the Department of Defense and each
military department use the information from such metrics to
identify and address issues such as the performance of
individual health care providers and areas in need of
improvement system-wide.
(4) The extent to which the Department of Defense and each
military department oversee the process of using metrics to
monitor and assess the quality of care provided at military
treatment facilities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ROLE OF SERVICE CHIEFS IN THE ACQUISITION PROCESS.
(a) Service Chiefs as Customer of Acquisition Process.--
(1) In general.--Chapter 149 of title 10, United States
Code, is amended by inserting after section 2546 the
following new section:
``Sec. 2546a. Customer-oriented acquisition system
``(a) Objective.--It shall be the objective of the defense
acquisition system to meet the needs of its customers in the
most cost-effective manner practicable. The acquisition
policies, directives, and regulations of the Department of
Defense shall be modified as necessary to ensure the
development and implementation of a customer-oriented
acquisition system.
``(b) Customer.--The customer of the defense acquisition
system is the military service that will have primary
responsibility for fielding the system or systems acquired.
The customer is represented with regard to a major defense
acquisition program by the Secretary of the relevant military
department and the Chief of the relevant military service.
``(c) Role of Customer.--The customer of a major defense
acquisition program shall be responsible for balancing
resources against priorities on the acquisition program and
ensuring that appropriate trade-offs are made among cost,
schedule, technical feasibility, and performance on a
continuing basis throughout the life of the acquisition
program.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 149 of such title is amended by
inserting after the item relating to section 2546 the
following new item:
``2546a. Customer-oriented acquisition system.''.
(b) Responsibilities of Chiefs.--Section 2547(a) of title
10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
[[Page S3500]]
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Decisions regarding the balancing of resources and
priorities, and associated trade-offs among cost, schedule,
technical feasibility, and performance on major defense
acquisition programs.''; and
(3) in paragraph (6), as redesignated by paragraph (1) of
this subsection, by striking ``The development'' and
inserting ``The development and management''.
(c) Responsibilities of Military Deputies.--Section 908(d)
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 278; 10 U.S.C. 2430 note)
is amended to read as follows:
``(d) Duties of Principal Military Deputies.--Each
Principal Military Deputy to a service acquisition executive
shall be responsible for--
``(1) keeping the Chief of Staff of the Armed Force
concerned informed of the progress of major defense
acquisition programs;
``(2) informing the Chief of Staff on a continuing basis of
any developments on major defense programs, which may require
new or revisited trade-offs among cost, schedule, technical
feasibility, and performance, including--
``(A) significant cost growth or schedule slippage; and
``(B) requirements creep (as defined in section 2547(c)(1)
of title 10, United States Code); and
``(3) ensuring that the views of the Chief of Staff on
cost, schedule, technical feasibility, and performance trade-
offs are strongly considered by program managers and program
executive officers in all phases of the acquisition
process.''.
(d) Conforming Amendments.--
(1) Joint requirements oversight council.--Section 181(d)
of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(3) The Council shall seek, and strongly consider, the
views of the Chiefs of Staff of the Armed Forces, in their
roles as customers of the acquisition system, on matters
pertaining to trade-offs among cost, schedule, technical
feasibility, and performance under subsection (b)(1)(C) and
the balancing of resources with priorities pursuant to
subsection (b)(3).''.
(2) Milestone a decisions.--The chief of the relevant
military service shall advise the milestone decision
authority for a major defense acquisition program of the
chief's views on cost, schedule, technical feasibility, and
performance trade-offs that have been made with regard to the
program, as provided in section 2366a(a)(2) of title 10,
United States Code, as amended by section 844 of this Act,
prior to a Milestone A decision on the program.
(3) Milestone b decisions.--The chief of the relevant
military service shall advise the milestone decision
authority for a major defense acquisition program of the
chief's views on cost, schedule, technical feasibility, and
performance trade-offs that have been made with regard to the
program, as provided in section 2366b(b)(3) of title 10,
United States Code, as amended by section 845 of this Act,
prior to a Milestone B decision on the program.
(4) Duties of chiefs.--
(A) Section 3033(d)(5) of title 10, United States Code, is
amended by striking ``section 171'' and inserting ``sections
171 and 2547''.
(B) Section 5033(d)(5) of title 10, United States Code, is
amended by striking ``section 171'' and inserting ``sections
171 and 2547''.
(C) Section 5043(e)(5) of title 10, United States Code, is
amended by striking ``section 171'' and inserting ``sections
171 and 2547''.
(D) Section 8033(d)(5) of title 10, United States Code, is
amended by striking ``section 171'' and inserting ``sections
171 and 2547''.
SEC. 802. EXPANSION OF RAPID ACQUISITION AUTHORITY.
Section 806(c) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
10 U.S.C. 2302 note) is amended to read as follows:
``(c) Response to Combat Emergencies and Certain Urgent
Operational Needs.--
``(1) Determination of need for rapid acquisition and
deployment.--(A) In the case of any supplies and associated
support services that, as determined in writing by the
Secretary of Defense, are urgently needed to eliminate a
documented deficiency that has resulted in combat casualties,
or is likely to result in combat casualties, the Secretary
may use the procedures developed under this section in order
to accomplish the rapid acquisition and deployment of the
needed supplies and associated support services.
``(B) In the case of any supplies and associated support
services that, as determined in writing by the Secretary of
Defense, are urgently needed to eliminate a documented
deficiency that impacts an ongoing or anticipated contingency
operation and that, if left unfulfilled, could potentially
result in loss of life or critical mission failure, the
Secretary may use the procedures developed under this section
in order to accomplish the rapid acquisition and deployment
of the needed supplies and associated support services.
``(C)(i) In the case of any supplies and associated support
services that, as determined in writing by the Secretary of
Defense without delegation, are urgently needed to eliminate
a deficiency that as the result of a cyber attack has
resulted in critical mission failure, the loss of life,
property destruction, or economic effects, or if left
unfilled is likely to result in critical mission failure, the
loss of life, property destruction, or economic effects, the
Secretary may use the procedures developed under this section
in order to accomplish the rapid acquisition and deployment
of the needed offensive or defensive cyber capabilities,
supplies, and associated support services.
``(ii) In this subparagraph, the term `cyber attack' means
a deliberate action to alter, disrupt, deceive, degrade, or
destroy computer systems or networks or the information or
programs resident in or transiting these systems or networks.
``(2) Designation of senior official responsible.--(A)
Whenever the Secretary makes a determination under
subparagraph (A), (B), or (C) of paragraph (1) that certain
supplies and associated support services are urgently needed
to eliminate a deficiency described in that subparagraph, the
Secretary shall designate a senior official of the Department
of Defense to ensure that the needed supplies and associated
support services are acquired and deployed as quickly as
possible, with a goal of awarding a contract for the
acquisition of the supplies and associated support services
within 15 days.
``(B) Upon designation of a senior official under
subparagraph (A), the Secretary shall authorize that official
to waive any provision of law, policy, directive, or
regulation described in subsection (d) that such official
determines in writing would unnecessarily impede the rapid
acquisition and deployment of the needed supplies and
associated support services. In a case in which the needed
supplies and associated support services cannot be acquired
without an extensive delay, the senior official shall require
that an interim solution be implemented and deployed using
the procedures developed under this section to minimize
adverse consequences resulting from the urgent need.
``(3) Use of funds.--(A) In any fiscal year in which the
Secretary makes a determination described in subparagraph
(A), (B), or (C) of paragraph (1), the Secretary may use any
funds available to the Department of Defense for acquisitions
of supplies and associated support services if the
determination includes a written finding that the use of such
funds is necessary to address the deficiency in a timely
manner.
``(B) The authority of this section may only be used to
acquire supplies and associated support services--
``(i) in the case of determinations by the Secretary under
paragraph (1)(A), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(ii) in the case of determinations by the Secretary under
paragraph (1)(B), in an amount aggregating not more than
$200,000,000 during any fiscal year; and
``(iii) in the case of determinations by the Secretary
under paragraph (1)(C), in an amount aggregating not more
than $200,000,000 during any fiscal year.
``(4) Notification to congressional defense committees.--
(A) In the case of a determination by the Secretary under
paragraph (1)(A), the Secretary shall notify the
congressional defense committees of the determination within
15 days after the date of the determination.
``(B) In the case of a determination by the Secretary under
paragraph (1)(B) the Secretary shall notify the congressional
defense committees of the determination at least 10 days
before the date on which the determination is effective.
``(C) A notice under this paragraph shall include the
following:
``(i) The supplies and associated support services to be
acquired.
``(ii) The amount anticipated to be expended for the
acquisition.
``(iii) The source of funds for the acquisition.
``(D) A notice under this paragraph shall be sufficient to
fulfill any requirement to provide notification to Congress
for a new start program.
``(E) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management
and Budget.
``(5) Time for transitioning to normal acquisition
system.--Any acquisition initiated under this subsection
shall transition to the normal acquisition system not later
than two years after the date on which the Secretary makes
the determination described in paragraph (1) with respect to
the supplies and associated support services concerned.
``(6) Limitation on officers with authority to make a
determination.--The authority to make a determination under
subparagraph (A), (B), or (C) of paragraph (1) may be
exercised only by the Secretary or Deputy Secretary of
Defense.''.
SEC. 803. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPING
AND RAPID FIELDING.
(a) Guidance Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics, in
consultation with the Comptroller of the Department of
Defense and the Vice Chairman of the Joint Chiefs of Staff,
shall establish guidance for a ``middle tier'' of acquisition
programs that are intended to be completed in a period of two
to five years.
(b) Acquisition Pathways.--The guidance required by
subsection (a) shall cover the following two acquisition
pathways:
(1) Rapid prototyping.--The rapid prototyping pathway shall
provide for the use of innovative technologies to rapidly
develop fieldable prototypes to demonstrate new capabilities
and meet emerging military needs.
[[Page S3501]]
The objective of an acquisition program under this pathway
shall be to field a prototype that can be demonstrated in an
operational environment and provide for a residual
operational capability within five years of the development
of an approved requirement.
(2) Rapid fielding.--The rapid fielding pathway shall
provide for the use of proven technologies to field
production quantities of new or upgraded systems with minimal
development required. The objective of an acquisition program
under this pathway shall be to begin production within six
months and complete fielding within five years of the
development of an approved requirement.
(c) Expedited Process.--
(1) In general.--The guidance required by subsection (a)
shall provide for a streamlined and coordinated requirements,
budget, and acquisition process that results in the
development of an approved requirement for each program in a
period of not more than six months from the time that the
process is initiated. Programs that are subject to the
guidance shall not be subject to the Joint Capabilities
Integration and Development System Manual and Department of
Defense Directive 5000.01, except to the extent specifically
provided in the guidance.
(2) Rapid prototyping.--With respect to the rapid
prototyping pathway, the guidance shall include--
(A) a merit-based process for the consideration of
innovative technologies and new capabilities to meet needs
communicated by the Joint Chiefs of Staff and the combatant
commanders;
(B) a process for developing and implementing acquisition
and funding strategies for the program;
(C) a process for cost-sharing with the military
departments on rapid prototype projects, to ensure an
appropriate commitment to the success of such projects;
(D) a process for demonstrating and evaluating the
performance of fieldable prototypes developed pursuant to the
program in an operational environment; and
(E) a process for transitioning successful prototypes to
new or existing acquisition programs for production and
fielding under the rapid fielding pathway or the traditional
acquisition system.
(3) Rapid fielding.--With respect to the rapid fielding
pathway, the guidance shall include--
(A) a merit-based process for the consideration of existing
products and proven technologies to meet needs communicated
by the Joint Chiefs of Staff and the combatant commanders;
(B) a process for demonstrating performance and evaluating
for current operational purposes the proposed products and
technologies;
(C) a process for developing and implementing acquisition
and funding strategies for the program; and
(D) a process for considering lifecycle costs and
addressing issues of logistics support and system
interoperability.
(4) Streamlined procedures.--The guidance for the programs
may provide for any of the following streamlined procedures:
(A) The service acquisition executive of the military
department concerned shall appoint a program manager for such
program from among candidates from among civilian employees
or members of the armed forces who have significant and
relevant experience managing large and complex programs.
(B) The program manager for each program shall report with
respect to such program directly, without intervening review
or approval, to the service acquisition executive of the
military department concerned.
(C) The service acquisition executive of the military
department concerned shall evaluate the job performance of
such manager on an annual basis. In conducting an evaluation
under this paragraph, a service acquisition executive shall
consider the extent to which the manager has achieved the
objectives of the program for which the manager is
responsible, including quality, timeliness, and cost
objectives.
(D) The program manager of a defense streamlined program
shall be authorized staff positions for a technical staff,
including experts in business management, contracting,
auditing, engineering, testing, and logistics, to enable the
manager to manage the program without the technical
assistance of another organizational unit of an agency to the
maximum extent practicable.
(E) The program manager of a defense streamlined program
shall be authorized, in coordination with the users of the
equipment and capability to be acquired and the test
community, to make trade-offs among life-cycle costs,
requirements, and schedules to meet the goals of the program.
(F) The service acquisition executive, acting in
coordination with the defense acquisition executive, shall
serve as the milestone decision authority for the program.
(G) The program manager of a defense streamlined program
shall be provided a process to expeditiously seek a waiver
from Congress from any statutory or regulatory requirement
that the program manager determines adds little or no value
to the management of the program.
(d) Rapid Prototyping Fund.--
(1) In general.--The Secretary of Defense shall establish a
fund to be known as the ``Department of Defense Rapid
Prototyping Fund'' to provide funds, in addition to other
funds that may be available for acquisition programs under
the rapid prototyping pathway established pursuant to this
section. The Fund shall be managed by a senior official of
the Department of Defense designated by the Under Secretary
of Defense for Acquisition, Technology, and Logistics. The
Fund shall consist of amounts appropriated to the Fund and
amounts credited to the Fund pursuant to section 849 of this
Act.
(2) Transfer authority.--Amounts available in the Fund may
be transferred to a military department for the purpose of
carrying out an acquisition program under the rapid
prototyping pathway established pursuant to this section. Any
amount so transferred shall be credited to the account to
which it is transferred. The transfer authority provided in
this subsection is in addition to any other transfer
authority available to the Department of Defense.
(3) Congressional notice.--The senior official designated
to manage the Fund shall notify the congressional defense
committees of all transfers under paragraph (2). Each
notification shall specify the amount transferred, the
purpose of the transfer, and the total projected cost and
estimated cost to complete the acquisition program to which
the funds were transferred.
SEC. 804. AMENDMENTS TO OTHER TRANSACTION AUTHORITY.
(a) Authority of the Defense Advanced Research Projects
Agency to Carry Out Certain Prototype Projects.--
(1) In general.--Chapter 193 of title 10, United States
Code, is amended by inserting after section 2371a the
following new section:
``Sec. 2371b. Authority of the Defense Advanced Research
Projects Agency to carry out certain prototype projects
``(a) Authority.--(1) Subject to paragraph (2), the
Director of the Defense Advanced Research Projects Agency,
the Secretary of a military department, or any other official
designated by the Secretary of Defense may, under the
authority of section 2371 of this title, carry out prototype
projects that are directly relevant to enhancing the mission
effectiveness of military personnel and the supporting
platforms, systems, components, or materials proposed to be
acquired or developed by the Department of Defense, or to
improvement of platforms, systems, components, or materials
in use by the armed forces.
``(2) The authority of this section--
``(A) may be exercised for a prototype project that is
expected to cost the Department of Defense in excess of
$50,000,000 but not in excess of $250,000,000 (including all
options) only upon a written determination by the senior
procurement executive for the agency as designated for the
purpose of section 1702(c) of title 41, or, for the Defense
Advanced Research Projects Agency or the Missile Defense
Agency, the director of the agency that--
``(i) the requirements of subsection (d) will be met; and
``(ii) the use of the authority of this section is
essential to promoting the success of the prototype project;
and
``(B) may be exercised for a prototype project that is
expected to cost the Department of Defense in excess of
$250,000,000 (including all options) only if--
``(i) the Under Secretary of Defense for Acquisition,
Technology, and Logistics determines in writing that--
``(I) the requirements of subsection (d) will be met; and
``(II) the use of the authority of this section is
essential to meet critical national security objectives; and
``(ii) the congressional defense committees are notified in
writing at least 30 days before such authority is exercised.
``(3) The authority of a senior procurement executive or
director of the Defense Advanced Research Projects Agency or
Missile Defense Agency under paragraph (2)(A), and the
authority of the Under Secretary of Defense for Acquisition,
Technology, and Logistics under paragraph (2)(B), may not be
delegated.
``(b) Exercise of Authority.--
``(1) Subsections (e)(1)(B) and (e)(2) of such section 2371
shall not apply to projects carried out under subsection (a).
``(2) To the maximum extent practicable, competitive
procedures shall be used when entering into agreements to
carry out projects under subsection (a).
``(c) Comptroller General Access to Information.--(1) Each
agreement entered into by an official referred to in
subsection (a) to carry out a project under that subsection
that provides for payments in a total amount in excess of
$5,000,000 shall include a clause that provides for the
Comptroller General, in the discretion of the Comptroller
General, to examine the records of any party to the agreement
or any entity that participates in the performance of the
agreement.
``(2) The requirement in paragraph (1) shall not apply with
respect to a party or entity, or a subordinate element of a
party or entity, that has not entered into any other
agreement that provides for audit access by a Government
entity in the year prior to the date of the agreement.
``(3)(A) The right provided to the Comptroller General in a
clause of an agreement under paragraph (1) is limited as
provided in subparagraph (B) in the case of a party to the
agreement, an entity that participates in the performance of
the agreement, or a subordinate element of that party or
entity if the only agreements or other transactions that the
party, entity, or subordinate element entered into with
Government entities
[[Page S3502]]
in the year prior to the date of that agreement are
cooperative agreements or transactions that were entered into
under this section or section 2371 of this title.
``(B) The only records of a party, other entity, or
subordinate element referred to in subparagraph (A) that the
Comptroller General may examine in the exercise of the right
referred to in that subparagraph are records of the same type
as the records that the Government has had the right to
examine under the audit access clauses of the previous
agreements or transactions referred to in such subparagraph
that were entered into by that particular party, entity, or
subordinate element.
``(4) The head of the contracting activity that is carrying
out the agreement may waive the applicability of the
requirement in paragraph (1) to the agreement if the head of
the contracting activity determines that it would not be in
the public interest to apply the requirement to the
agreement. The waiver shall be effective with respect to the
agreement only if the head of the contracting activity
transmits a notification of the waiver to Congress and the
Comptroller General before entering into the agreement. The
notification shall include the rationale for the
determination.
``(5) The Comptroller General may not examine records
pursuant to a clause included in an agreement under paragraph
(1) more than three years after the final payment is made by
the United States under the agreement.
``(d) Appropriate Use of Authority.--(1) The Secretary of
Defense shall ensure that no official of an agency enters
into a transaction (other than a contract, grant, or
cooperative agreement) for a prototype project under the
authority of this section unless one of following conditions
is met:
``(A) There is at least one nontraditional defense
contractor participating to a significant extent in the
prototype project.
``(B) All parties to the transaction other than the Federal
Government are innovative small businesses and non-
traditional contractors with unique capabilities relevant to
the prototype project.
``(C) At least one third of the total cost of the prototype
project is to be paid out of funds provided by parties to the
transaction other than the Federal Government.
``(D) The senior procurement executive for the agency
determines in writing that exceptional circumstances justify
the use of a transaction that provides for innovative
business arrangements or structures that would not be
feasible or appropriate under a contract.
``(2)(A) Except as provided in subparagraph (B), the
amounts counted for the purposes of this subsection as being
provided, or to be provided, by a party to a transaction with
respect to a prototype project that is entered into under
this section other than the Federal Government do not include
costs that were incurred before the date on which the
transaction becomes effective.
``(B) Costs that were incurred for a prototype project by a
party after the beginning of negotiations resulting in a
transaction (other than a contract, grant, or cooperative
agreement) with respect to the project before the date on
which the transaction becomes effective may be counted for
purposes of this subsection as being provided, or to be
provided, by the party to the transaction if and to the
extent that the official responsible for entering into the
transaction determines in writing that--
``(i) the party incurred the costs in anticipation of
entering into the transaction; and
``(ii) it was appropriate for the party to incur the costs
before the transaction became effective in order to ensure
the successful implementation of the transaction.
``(e) Definitions.--In this section:
``(1) The term `nontraditional defense contractor' has the
meaning given the term under section 2302(9) of this title.
``(2) The term `small business' means a small business
concern as defined under section 3 of the Small Business Act
(15 U.S.C. 632).
``(f) Follow-on Production Contracts or Transactions.--(1)
A transaction entered into under this section for a prototype
project may provide for the award of a follow-on production
contract or transactions to the participants in the
transaction.
``(2) A follow-on production contract or transaction
provided for in a transaction under paragraph (1) may be
awarded to the participants in the transaction without the
use of competitive procedures, notwithstanding the
requirements of section 2304 of this title, if--
``(A) competitive procedures were used for the selection of
parties for participation in the transaction; and
``(B) the participants in the transaction successfully
completed the prototype project provided for in the
transaction.
``(3) Contracts and transactions entered into pursuant to
this subsection may be awarded using the authority in
subsection (a), under the authority of chapter 137 of this
title, or under such procedures, terms, and conditions as the
Secretary of Defense may establish by regulation.
``(g) Authority to Provide Prototypes and Follow-on
Production Items as Government Furnished Equipment.--An
agreement entered pursuant to the authority of subsection (a)
or a follow-on contract entered pursuant to the authority of
subsection (f) may provide for prototypes or follow-on
production items to be provided to another contractor as
government-furnished equipment.
``(h) Applicability of Procurement Ethics Requirements.--An
agreement entered into under the authority of this section
shall be treated as a Federal agency procurement for the
purposes of chapter 21 of title 41.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by
inserting after the item relating to section 2371a the
following new item:
``2371b. Authority of the Defense Advanced Research Projects Agency to
carry out certain prototype projects.''.
(b) Modification to Definition of Non-traditional
Contractor.--Section 2302(9) of such title is amended to read
as follows:
``(9) The term `nontraditional defense contractor', with
respect to a procurement or with respect to a transaction
authorized under section 2371(a) of this title, means an
entity that--
``(A) is not currently performing and has not performed,
for at least the one-year period preceding the solicitation
of sources by the Department of Defense for the procurement
or transaction, any contract or subcontract that is subject
to full coverage under the cost accounting standards
prescribed pursuant to 1502 of title 41 and the regulations
implementing such section; and
``(B) has not been awarded, for at least the one-year
period preceding the solicitation of sources by the
Department of Defense for the procurement or transaction, any
other contract under which the contractor was required to
submit certified cost or pricing data under section 2306a of
this title.''.
(c) Repeal of Obsolete Authority.--Section 845 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 10 U.S.C. 2371 note) is hereby repealed.
(d) Technical and Conforming Amendment.--Section 1601(c)(1)
of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 10 U.S.C. 2370a note) is amended by
restating subparagraph (B) to read as follows:
``(B) sections 2371 and 2371b of title 10, United States
Code.''.
SEC. 805. USE OF ALTERNATIVE ACQUISITION PATHS TO ACQUIRE
CRITICAL NATIONAL SECURITY CAPABILITIES.
(a) Guidelines.--The Secretary of Defense shall establish
procedures and guidelines for alternative acquisition
pathways to acquire capital assets and services that meet
critical national security needs. The guidelines shall--
(1) be separate from existing acquisition procedures and
guidelines;
(2) be supported by streamlined contracting, budgeting, and
requirements processes;
(3) establish alternative acquisition paths based on the
capabilities being bought and the time needed to deploy these
capabilities; and
(4) maximize the use of flexible authorities in existing
law and regulation.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that
includes a summary of the guidelines established under
subsection (a) and recommendations for any legislation
necessary to meet the objectives set forth in subsection (a)
and to implement the guidelines established under such
subsection.
SEC. 806. SECRETARY OF DEFENSE WAIVER OF ACQUISITION LAWS TO
ACQUIRE VITAL NATIONAL SECURITY CAPABILITIES.
(a) Waiver Authority.--The Secretary of Defense is
authorized to waive any provision of acquisition law or
regulation described in subsection (c) for the purpose of
acquiring a capability that would not otherwise be available
to the Armed Forces of the United States, upon a
determination that--
(1) the acquisition of the capability is in the vital
national security interest of the United States;
(2) the application of the law or regulation to be waived
would impede the acquisition of the capability in a manner
that would undermine the national security of the United
States; and
(3) the underlying purpose of the law or regulation to be
waived can be addressed in a different manner or at a
different time.
(b) Designation of Responsible Official.--Whenever the
Secretary of Defense makes a determination under subsection
(a)(1) that the acquisition of a capability is in the vital
national security interest of the United States, the
Secretary shall designate a senior official of the Department
of Defense who shall be personally responsible and
accountable for the rapid and effective acquisition and
deployment of the needed capability. The Secretary shall
provide the designated official such authority as the
Secretary determines necessary to achieve this objective, and
may use the waiver authority in subsection (a) for this
purpose.
(c) Acquisition Laws and Regulations.--
(1) In general.--Upon a determination described in
subsection (a), the Secretary of Defense is authorized to
waive any provision of law or regulation addressing--
(A) the establishment of a requirement or specification for
the capability to be acquired;
(B) research, development, test, and evaluation of the
capability to be acquired;
(C) production, fielding, and sustainment of the capability
to be acquired; or
[[Page S3503]]
(D) solicitation, selection of sources, and award of
contracts for the capability to be acquired.
(2) Limitations.--Nothing in this subsection authorizes the
waiver of--
(A) the requirements of this section;
(B) any provision of law imposing civil or criminal
penalties; or
(C) any provision of law governing the proper expenditure
of appropriated funds.
(d) Report to Congress.--The Secretary of Defense shall
notify the congressional defense committees at least 30 days
before exercising the waiver authority under subsection (a).
Each such notice shall include--
(1) an explanation of the basis for determining that the
acquisition of the capability is in the vital national
security interest of the United States;
(2) an identification of each provision of law or
regulation to be waived; and
(3) for each provision identified pursuant to paragraph
(2)--
(A) an explanation of why the application of the provision
would impede the acquisition in a manner that would undermine
the national security of the United States; and
(B) a description of the time or manner in which the
underlying purpose of the law or regulation to be waived will
be addressed.
(e) Non-delegation.--The authority of the Secretary to
waive provisions of laws and regulations under subsection (a)
is non-delegable.
SEC. 807. ACQUISITION AUTHORITY OF THE COMMANDER OF UNITED
STATES CYBER COMMAND.
(a) Authority.--
(1) In general.--The Commander of the United States Cyber
Command shall be responsible for, and shall have the
authority to conduct, the following acquisition activities:
(A) Development and acquisition of cyber operations-
peculiar equipment and capabilities.
(B) Acquisition of cyber capability-peculiar equipment,
capabilities, and services.
(2) Acquisition functions.--Subject to the authority,
direction, and control of the Secretary of Defense, the
Commander shall have authority to exercise the functions of
the head of an agency under chapter 137 of title 10, United
States Code.
(b) Command Acquisition Executive.--
(1) In general.--The staff of the Commander shall include a
command acquisition executive, who shall be responsible for
the overall supervision of acquisition matters for the United
States Cyber Command. The command acquisition executive shall
have the authority--
(A) to negotiate memoranda of agreement with the military
departments to carry out the acquisition of equipment,
capabilities, and services described in subsection (a)(1) on
behalf of the Command;
(B) to supervise the acquisition of equipment,
capabilities, and services described in subsection (a)(1);
(C) to represent the Command in discussions with the
military departments regarding acquisition programs for which
the Command is a customer; and
(D) to work with the military departments to ensure that
the Command is appropriately represented in any joint working
group or integrated product team regarding acquisition
programs for which the Command is a customer.
(2) Delivery of acquisition solutions.--The command
acquisition executive of the United States Cyber Command
shall be--
(A) responsible to the Commander for rapidly delivering
acquisition solutions to meet validated cyber operations-
peculiar requirements;
(B) subordinate to the defense acquisition executive in
matters of acquisition;
(C) subject to the same oversight as the service
acquisition executives; and
(D) included on the distribution list for acquisition
directives and instructions of the Department of Defense.
(c) Acquisition Personnel.--
(1) In general.--The Secretary of Defense shall provide the
United States Cyber Command with the personnel or funding
equivalent to ten full-time equivalent personnel to support
the Commander in fulfilling the acquisition responsibilities
provided for under this section with experience in--
(A) program acquisition;
(B) the Joint Capabilities Integration and Development
System Process;
(C) program management;
(D) system engineering; and
(E) costing.
(2) Existing personnel.--The personnel provided under this
subsection shall be provided from among the existing
personnel of the Department of Defense.
(d) Inspector General Activities.--The staff of the
Commander of the United States Cyber Command shall on a
periodic basis include a representative from the Department
of Defense Office of Inspector General who shall conduct
internal audits and inspections of purchasing and contracting
actions through the United States Cyber Command and such
other Inspector General functions as may be assigned.
(e) Budget.--In addition to the activities of a combatant
command for which funding may be requested under section
166(b) of title 10, United States Code, the budget proposal
of the United States Cyber Command shall include requests for
funding for--
(1) development and acquisition of cyber operations-
peculiar equipment; and
(2) acquisition of other capabilities or services that are
peculiar to offensive cyber operations activities.
(f) Cyber Operations Procurement Fund.--There is authorized
to be appropriated for each of fiscal years 2016 through
2021, out of funds made available for procurement, Defense-
wide, $75,000,000 for a Cyber Operations Procurement Fund to
support acquisition activities provided for under this
section.
(g) Rule of Construction Regarding Intelligence and Special
Activities.--Nothing in this section shall be construed to
constitute authority to conduct any activity which, if
carried out as an intelligence activity by the Department of
Defense, would require a notice to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives under title V
of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(h) Sunset.--
(1) In general.--The authority under this section shall
terminate on September 30, 2021.
(2) Limitation on duration of acquisitions.--The authority
under this section does not include major defense
acquisitions or acquisitions of foundational infrastructure
or software architectures the duration of which is expected
to last more than five years.
SEC. 808. ADVISORY PANEL ON STREAMLINING AND CODIFYING
ACQUISITION REGULATIONS.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish under the sponsorship of the Defense Acquisition
University and the National Defense University an advisory
panel on streamlining acquisition regulations.
(b) Membership.--The panel shall be composed of at least
nine individuals who are recognized experts in acquisition
and procurement policy. In making appointments to the
advisory panel, the Under Secretary shall ensure that the
members of the panel reflect diverse experiences in the
public and private sectors.
(c) Duties.--The panel shall--
(1) review the acquisition regulations applicable to the
Department of Defense with a view toward streamlining and
improving the efficiency and effectiveness of the defense
acquisition process and maintaining defense technology
advantage; and
(2) make any recommendations for the amendment or repeal of
such regulations that the panel considers necessary, as a
result of such review, to--
(A) establish and administer appropriate buyer and seller
relationships in the procurement system;
(B) improve the functioning of the acquisition system;
(C) ensure the continuing financial and ethical integrity
of defense procurement programs;
(D) protect the best interests of the Department of
Defense; and
(E) eliminate any regulations that are unnecessary for the
purposes described in subparagraphs (A) through (D).
(d) Administrative Matters.--
(1) In general.--The Secretary of Defense shall provide the
advisory panel established pursuant to subsection (a) with
timely access to appropriate information, data, resources,
and analysis so that the advisory panel may conduct a
thorough and independent assessment as required under such
subsection.
(2) Inapplicability of faca.--The requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory panel established pursuant to
subsection (a).
(e) Report.--
(1) Panel report.--Not later than two years after the date
on which the Secretary of Defense establishes the advisory
panel, the panel shall transmit a final report to the
Secretary.
(2) Elements.--The final report shall contain a detailed
statement of the findings and conclusions of the panel,
including--
(A) a history of each current acquisition regulation and a
recommendation as to whether the regulation and related law
(if applicable) should be retained, modified, or repealed;
and
(B) such additional recommendations for legislation as the
panel considers appropriate.
(3) Interim reports.--(A) Not later than 6 months and 18
months after the date of the enactment of this Act, the
Secretary of Defense shall submit a report to or brief the
congressional defense committees on the interim findings of
the panel with respect to the elements set forth in paragraph
(2).
(B) The panel shall provide regular updates to the
Secretary of Defense for purposes of providing the interim
reports required under this paragraph.
(4) Final report.--Not later than 30 days after receiving
the final report of the advisory panel, the Secretary of
Defense shall transmit the final report, together with such
comments as the Secretary determines appropriate, to the
congressional defense committees.
(f) Defense Acquisition Workforce Development Fund
Support.--The Secretary of Defense may use amounts available
in the Department of Defense Acquisition Workforce
Development Fund established under section 1705 of title 10,
United States Code, to support activities of the advisory
panel under this section.
[[Page S3504]]
SEC. 809. REVIEW OF TIME-BASED REQUIREMENTS PROCESS AND
BUDGETING AND ACQUISITION SYSTEMS.
(a) Time-based Requirements Process.--The Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall
review the requirements process with the goal of establishing
an agile and streamlined system that develops requirements
that provide stability and foundational direction for
acquisition programs. The requirements system should be
informed by technological market research and provide a time-
based or phased distinction between capabilities needed to be
deployed urgently, within 2 years, within 5 years, and longer
than 5 years.
(b) Budgeting and Acquisition Systems.--The Secretary of
Defense shall review and ensure that the acquisition and
budgeting systems are structured to meet time-based or phased
requirements in a manner that is predictable, cost effective,
and efficient and takes advantage of emerging technological
developments. The Secretary shall make all necessary changes
in regulation and policy to achieve a time-based
requirements, budgeting, and acquisition system and shall
identify and report to Congress within 180 days after the
date of the enactment of this Act on any statutory
impediments to achieving such a system.
SEC. 810. IMPROVEMENT OF PROGRAM AND PROJECT MANAGEMENT BY
THE DEPARTMENT OF DEFENSE.
(a) Department-wide Responsibilities of Secretary of
Defense.--In fulfilling the responsibilities under chapter 87
of title 10, United States Code, the Secretary of Defense
shall--
(1) develop Department-wide standards, policies, and
guidelines for program and project management for the
Department of Defense based on appropriate and applicable
nationally accredited standards for program and project
management;
(2) develop polices to monitor compliance with the
standards, policies, and guidelines developed under paragraph
(1); and
(3) engage with the private sector on matters relating to
program and project management for the Department.
(b) Responsibilities of USD (ATL).--In fulfilling the
responsibilities under chapter 87 of title 10, United States
Code, for the military departments and the Defense Agencies,
the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall--
(1) advise and assist Secretary of Defense with respect
Department of Defense practices related to program and
project management;
(2) review programs identified as high-risk in program and
project management by the Government Accountability Office,
and make recommendations for actions to be taken by the
Secretary to mitigate such risks;
(3) assess matters of importance to the workforce in
program and project management, including--
(A) career development and workforce development;
(B) policies to support continuous improvement in program
and project management; and
(C) major challenges of the Department in managing programs
and projects; and
(4) advise on the development and applicability of
standards Department-wide for program and project management
transparency.
(c) Responsibilities of Acquisition Executives.--In
fulfilling the responsibilities under chapter 87 of title 10,
United States Code, for the military departments, the service
acquisition executives (in consultation with the Chiefs of
the Armed Forces with respect to military program managers),
and the component acquisition executives for the Defense
Agencies, shall--
(1) ensure the compliance of the department or Agency
concerned with standards, policies, and guidelines for
program and project management for the Department of Defense
developed by the Secretary of Defense under subsection
(a)(1); and
(2) ensure the effective career development of program
managers through--
(A) training and educational opportunities for program
managers, including exchange programs with the private
sector;
(B) mentoring of current and future program managers by
experienced public and private sector senior executives and
program managers;
(C) continued refinement of career paths and career
opportunities for program managers;
(D) incentives for the recruitment of highly qualified
individuals to serve as program managers;
(E) improved means of collecting and disseminating best
practices and lessons learned to enhance program management;
and
(F) improved methods to support improved data gathering and
analysis for program management and oversight purposes.
(d) Deadline for Standards, Policies, and Guidelines.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall issue the standards,
policies, and guidelines required by subsection (a)(1). The
Secretary shall provide Congress an interim update on the
progress made in implementing this section not later than six
months after the date of the enactment of this Act.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. PREFERENCE FOR FIXED-PRICE CONTRACTS IN DETERMINING
CONTRACT TYPE FOR DEVELOPMENT PROGRAMS.
(a) Establishment of Preference.--Not later than 180 days
after the date of the enactment of this Act, the Defense
Federal Acquisition Regulation Supplement shall be revised to
establish a preference for fixed-price contracts, including
fixed-price incentive fee contracts, in the determination of
contract type for development programs.
(b) Technical and Conforming Changes.--Section 818(c) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2329) is amended--
(1) in the first sentence, by inserting ``or major
automated information system'' after ``major defense
acquisition program''; and
(2) by striking the second sentence.
SEC. 822. APPLICABILITY OF COST AND PRICING DATA AND
CERTIFICATION REQUIREMENTS.
Section 2306a(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) to the extent such data relates to an offset
agreement in connection with a contract for the sale of a
weapon system or defense-related item to a foreign country or
foreign firm.''.
SEC. 823. RISK-BASED CONTRACTING FOR SMALLER CONTRACT ACTIONS
UNDER THE TRUTH IN NEGOTIATIONS ACT.
(a) Increase in Thresholds.--Subsection (a) of section
2306a of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``December 5, 1990'' each place it appears
and inserting ``January 15, 2016'';
(B) by striking ``$500,000'' each place it appears and
inserting ``$5,000,000''; and
(C) by striking ``$100,000'' each place it appears and
inserting ``$750,000''; and
(2) in paragraph (7), by striking ``fiscal year 1994
constant dollar value'' and inserting ``fiscal year 2016
constant dollar value''.
(b) Risk-based Contracting.--Subsection (c) of such section
is amended to read as follows:
``(c) Cost or Pricing Data on Below-threshold Contracts.--
``(1) Authority to require submission.--Subject to
paragraph (4), when certified cost or pricing data are not
required to be submitted by subsection (a) for a contract,
subcontract, or modification of a contract or subcontract,
such data may nevertheless be required to be submitted by the
head of the procuring activity, if the head of the procuring
activity--
``(A) determines that such data are necessary for the
evaluation by the agency of the reasonableness of the price
of the contract, subcontract, or modification of a contract
or subcontract; or
``(B) requires the submission of such data in accordance
with a risk-based contracting approach established pursuant
to paragraph (3).
``(2) Written determination required.--In any case in which
the head of the procuring activity requires certified cost or
pricing data to be submitted under paragraph (1)(A), the head
of the procuring activity shall justify in writing the reason
for such requirement.
``(3) Risk-based contracting.--The head of an agency shall
establish a risk-based sampling approach under which the
submission of certified cost or pricing data may be required
for a risk-based sample of contracts, the price of which is
expected to exceed the dollar amount in subsection
(a)(1)(A)(ii), but not the amount in subsection (a)(1)(A)(i).
The authority to require certified cost or pricing data under
this paragraph shall not apply to any contract of an offeror
that has not been awarded, for at least the one-year period
preceding the issuance of a solicitation for the contract,
any other contract in excess of the amount in subsection
(a)(1)(A)(i) under which the offeror was required to submit
certified cost or pricing data under this section.
``(4) Exception.--The head of the procuring activity may
not require certified cost or pricing data to be submitted
under this subsection for any contract or subcontract, or
modification of a contract or subcontract, covered by the
exceptions in subparagraph (A) or (B) of subsection (b)(1).
``(5) Delegation of authority prohibited.--The head of a
procuring activity may not delegate functions under this
subsection.''.
SEC. 824. LIMITATION ON USE OF REVERSE AUCTION AND LOWEST
PRICE TECHNICALLY ACCEPTABLE CONTRACTING
METHODS.
Not later than 180 days after the date of the enactment of
this Act, the Federal Acquisition Regulation and the Defense
Supplement to the Federal Acquisition Regulation shall be
amended--
(1) to prohibit the use by the Department of Defense of
reverse auction or lowest price technically acceptable
contracting methods for the procurement of personal
protective equipment where the level of quality or failure of
the item could result in combat casualties; and
(2) to establish a preference for the use of best value
contracting methods for the procurement of such equipment.
SEC. 825. RIGHTS IN TECHNICAL DATA.
(a) Rights in Technical Data Relating to Major Weapon
Systems.--Paragraph (2) of
[[Page S3505]]
section 2321(f) of title 10, United States Code, is amended
to read as follows:
``(2) In the case of a challenge to a use or release
restriction that is asserted with respect to technical data
of a contractor or subcontractor for a major system or a
subsystem or component thereof on the basis that the major
weapon system, subsystem, or component was developed
exclusively at private expense--
``(A) the presumption in paragraph (1) shall apply--
``(i) with regard to a commercial subsystem or component of
a major system, if the major system was acquired as a
commercial item in accordance with section 2379(a) of this
title;
``(ii) with regard to a component of a subsystem, if the
subsystem was acquired as a commercial item in accordance
with section 2379(b) of this title; and
``(iii) with regard to any other component, if the
component is a commercially available off-the-shelf item or a
commercially available off-the-shelf item with modifications
of a type customarily available in the commercial marketplace
or minor modifications made to meet Federal Government
requirements; and
``(B) in all other cases, the challenge to the use or
release restriction shall be sustained unless information
provided by the contractor or subcontractor demonstrates that
the item was developed exclusively at private expense.''.
(b) Government-industry Advisory Panel.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense,
acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall establish a
government-industry advisory panel for the purpose of
reviewing sections 2320 and 2321 of title 10, United States
Code, regarding rights in technical data and the validation
of proprietary data restrictions and the regulations
implementing such sections, for the purpose of ensuring that
such statutory and regulatory requirements are best
structured to serve the interests of the taxpayers and the
national defense.
(2) Membership.--The panel shall be chaired by an
individual selected by the Under Secretary, and the Under
Secretary shall ensure that--
(A) the government members of the advisory panel are
knowledgeable about technical data issues and appropriately
represent the three military departments, as well as the
legal, acquisition, logistics, and research and development
communities in the Department of Defense; and
(B) the private sector members of the advisory panel
include independent experts and individuals appropriately
representative of the diversity of interested parties,
including large and small businesses, traditional and non-
traditional government contractors, prime contractors and
subcontractors, suppliers of hardware and software, and
institutions of higher education.
(3) Scope of review.--In conducting the review required by
paragraph (1), the advisory panel shall give appropriate
consideration to the following factors:
(A) Ensuring that the Department of Defense does not pay
more than once for the same work.
(B) Ensuring that Department of Defense contractors are
appropriately rewarded for their innovation and invention.
(C) Providing for cost-effective reprocurement,
sustainment, modification, and upgrades to Department of
Defense systems.
(D) Encouraging the private sector to invest in new
products, technologies, and processes relevant to the
missions of the Department of Defense.
(E) Ensuring that the Department of Defense has appropriate
access to innovative products, technologies, and processes
developed by the private sector for commercial use.
(4) Final report.--Not later than September 30, 2016, the
advisory panel shall submit its final report and
recommendations to the Secretary of Defense. Not later than
60 days after receiving the report, the Secretary shall
submit a copy of the report, together with any comments or
recommendations, to the congressional defense committees.
SEC. 826. PROCUREMENT OF SUPPLIES FOR EXPERIMENTAL PURPOSES.
(a) Additional Procurement Authority.--Subsection (a) of
section 2373 of title 10, United States Code, is amended by
inserting ``transportation, energy, medical, space-flight,''
before ``and aeronautical supplies''.
(b) Applicability of Chapter 137 of Title 10, United States
Code.--Subsection (b) of such section is amended by striking
``only when such purchases are made in quantity'' and
inserting ``only when such purchases are made in quantities
greater than necessary for experimentation, technical
evaluation, assessment of operational utility, or safety or
to provide a residual operational capability''.
SEC. 827. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND
SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR
ROUTE OF SUPPLY TO AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399), as
most recently amended by section 832(a) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 127 Stat. 814), is further amended by striking
``December 31, 2015'' and inserting ``December 31, 2016''.
SEC. 828. REPORTING RELATED TO FAILURE OF CONTRACTORS TO MEET
GOALS UNDER NEGOTIATED COMPREHENSIVE SMALL
BUSINESS SUBCONTRACTING PLANS.
Paragraph (2) of section 834(d) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C.
637 note), as added by section 821(d)(2) of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3434)
is amended by striking ``may not negotiate'' and all that
follows through the period at the end and inserting ``shall
report to Congress on any negotiated comprehensive
subcontracting plan that the Secretary determines did not
meet the subcontracting goals negotiated in the plan for the
prior fiscal year.''.
SEC. 829. COMPETITION FOR RELIGIOUS SERVICES CONTRACTS.
The Department of Defense may not preclude a non-profit
organization from competing for a contract for religious
related services on a United States military installation.
SEC. 830. TREATMENT OF INTERAGENCY AND STATE AND LOCAL
PURCHASES WHEN THE DEPARTMENT OF DEFENSE ACTS
AS CONTRACT INTERMEDIARY FOR THE GENERAL
SERVICES ADMINISTRATION.
Contracts executed by the Department of Defense as a result
of the transfer of contracts from the General Services
Administration or for which the Department serves as an item
manager for products on behalf of the General Services
Administration shall not be subject to requirements under
chapter 148 of title 10, United States Code, to the extent
such contracts are for purchases of products by other Federal
agencies or State or local governments.
SEC. 831. PILOT PROGRAM FOR STREAMLINING AWARDS FOR
INNOVATIVE TECHNOLOGY PROJECTS.
(a) Exception From Certified Cost and Pricing Date
Requirements.--The requirements under section 2306a(a) of
title 10, United States Code, shall not apply to a contract,
subcontract, or modification of a contract or subcontract
valued at less than $7,500,000 awarded to a small business or
non-traditional defense contractor pursuant to--
(1) a technical merit based selection procedure, such as a
broad agency announcement; or
(2) the Small Business Innovation Research Program,
unless the head of the agency determines that submission of
cost and pricing data should be required based on past
performance of the specific small business or non-traditional
defense contractor, or based on analysis of other information
specific to the award.
(b) Exception From Records Examination Requirement.--The
requirements under section 2313 of title 10, United States
Code, shall not apply to a contract valued at less than
$7,500,000 awarded to a small business or non-traditional
defense contractor pursuant to--
(1) a technical merit based selection procedure, such as a
broad agency announcement; or
(2) the Small Business Innovation Research Program,
unless the head of the agency determines that auditing of
records should be required based on past performance of the
specific small business or non-traditional defense
contractor, or based on analysis of other information
specific to the award.
(c) Sunset.--The exceptions under subsections (a) and (b)
shall terminate on October 1, 2020.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 841. ACQUISITION STRATEGY REQUIRED FOR EACH MAJOR
DEFENSE ACQUISITION PROGRAM.
(a) Consolidation of Requirements Relating to Acquisition
Strategy.--
(1) In general.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2431 the
following new section:
``Sec. 2431a. Acquisition strategy
``(a) Requirement.--(1) There shall be an acquisition
strategy for each major defense acquisition program. The
acquisition strategy for a major defense acquisition program
shall be reviewed by the milestone decision authority for the
program at each time specified in paragraph (2). The
milestone decision authority may approve, disapprove, or
revise the acquisition strategy at any such time.
``(2) The times at which the acquisition strategy for a
major defense acquisition program shall be reviewed by the
milestone decision authority for the program under paragraph
(1) are the following:
``(A) Program initiation.
``(B) Each subsequent milestone.
``(C) Full-Rate Production Decision Review.
``(D) Any other time considered relevant by the milestone
decision authority.
``(b) Guidance.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall issue policies
and procedures governing the contents of, and the review and
approval process for, the acquisition strategy for a major
defense acquisition program.
``(c) Contents.--The acquisition strategy for a major
defense acquisition program shall present a top-level
description of the business and technical management approach
designed to achieve the objectives of
[[Page S3506]]
the program within the resource constraints imposed. The
strategy shall be tailored to address program requirements
and constraints, and shall express the program manager's
approach to the program in sufficient detail to allow the
milestone decision authority to assess the viability of
approach, method of implementation of laws and policies, and
program objectives. Subject to guidance issued pursuant to
subsection (b), each acquisition strategy shall address the
following:
``(1) An acquisition approach, including industrial base
considerations in accordance with section 2440 of this title,
and consideration of alternative acquisition approaches.
``(2) A risk management strategy, addressing cost,
schedule, and technical risk.
``(3) An approach to ensuring the maturity of technologies
and avoiding unnecessary or excessive concurrency.
``(4) A strategy for dividing the acquisition into
increments or spirals, and continuously adopting commercial
and defense technologies, where appropriate.
``(5) A business strategy, including measures to ensure
continuing competition in through the life of the acquisition
program.
``(6) A contracting strategy addressing the selection of
sources, contract types, and small business participation.
``(7) An intellectual property strategy, in accordance with
section 2320 of this title.
``(8) An approach to international involvement, including
foreign military sales and cooperative opportunities, in
accordance with section 2350a of this title.
``(d) In this section, the term `milestone decision
authority', with respect to a major defense acquisition
program, means the official within the Department of Defense
designated with the overall responsibility and authority for
acquisition decisions for the program, including authority to
approve entry of the program into the next phase of the
acquisition process.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2431 the following new item:
``2431a. Acquisition strategy.''.
(b) Conforming Amendments.--
(1) Section 2350a(e) of such title is amended--
(A) in the subsection heading, by striking ``Document'';
(B) in paragraph (1), by striking ``the Under Secretary of
Defense for'' and all that follows through ``of the Board''
and inserting ``opportunities for such cooperative research
and development shall be addressed in the acquisition
strategy for the project''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``document'' and inserting ``discussion'';
and
(II) by striking ``include'' and inserting ``consider'';
(ii) in subparagraph (A), by striking ``A statement
indicating whether'' and inserting ``Whether'';
(iii) in subparagraph (B)--
(I) by striking ``by the Under Secretary of Defense for
Acquisition, Technology, and Logistics''; and
(II) by striking ``of the United States under consideration
by the Department of Defense''; and
(iv) in subparagraph (D)--
(I) by striking ``The'' and inserting ``A''; and
(II) by striking ``of the Under Secretary'' and inserting
``to the milestone decision authority''.
(2) Section 803 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
10 U.S.C. 2430 note) is repealed.
SEC. 842. RISK REDUCTION IN MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Guidance on Risk Reduction in Major Defense Acquisition
Programs.--The Secretary of Defense shall ensure that the
acquisition strategy developed pursuant to section 2431a of
title 10, United States Code, as added by section 841, for
each major defense acquisition program for which development
activities are required includes the following elements:
(1) A comprehensive approach to continuously identifying
and addressing risk (including technical, cost, and schedule
risk) beginning at program initiation and continuing until
the start of full rate production as a means to improve
programmatic decision making and appropriately minimize and
manage program concurrency.
(2) Documentation of the major sources of risk identified
and the approach to retiring that risk.
(b) Elements of Comprehensive Approach to Risk Reduction.--
The comprehensive approach to identifying and addressing risk
for purposes of subsection (a)(1) shall include some
combination of the following elements as appropriate for the
item or system being acquired:
(1) Development planning.
(2) Systems engineering.
(3) Integrated developmental and operational testing.
(4) Preliminary and critical design reviews and technical
reviews.
(5) Prototyping (including prototyping at the system or
subsystem level and competitive prototyping, where
appropriate).
(6) Modeling and simulation.
(7) Technology demonstrations and technology off ramps.
(8) Manufacturability and industrial base availability.
(9) Multiple design approaches.
(10) Alternative, lower risk reduced performance designs.
(11) Schedule and funding margins for or specific risks.
(12) Independent risk element assessments by outside
subject matter experts.
(13) Program phasing to address high risk areas as early as
possible.
(c) Preference for Prototyping.--To the maximum extent
practicable and consistent with the economical use of
available financial resources, the milestone decision
authority for each major defense acquisition program shall
ensure that the acquisition strategy for the program provides
for--
(1) the production of competitive prototypes at the system
or subsystem level before Milestone B approval; or
(2) if the production of competitive prototypes is not
practicable, the production of single prototypes at the
system or subsystem level.
(d) Repeal of Mandatory Prototyping Provision.--Section 203
of the Weapon Systems Acquisition Reform Act of 2009 (Public
Law 111-23; 10 U.S.C. 2430 note) is repealed.
SEC. 843. DESIGNATION OF MILESTONE DECISION AUTHORITY.
(a) In General.--Section 2430 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) The milestone decision authority for major defense
acquisition programs shall be the service acquisition
executive of the military service that is managing the
program, unless the Secretary of Defense designates another
official to serve as the milestone decision authority.
``(2) The Secretary of Defense may designate an alternate
milestone decision authority in programs where--
``(A) the Secretary determines that the program is
addressing a joint requirement;
``(B) the Secretary determines that the program is best
managed by a defense agency;
``(C) the program has incurred a unit cost increase greater
than the significant cost threshold or critical cost
threshold under section 2433 of this title;
``(D) the program has failed to develop an acquisition
program baseline within 2 years of program initiation;
``(E) the program is critical to a major interagency
requirement or technology development effort, or has
significant international partner involvement; or
``(F) the Secretary certifies that an alternate official
serving as the milestone decision authority will best
position the program to achieve desired cost, schedule, and
performance outcomes.
``(3)(A) The Secretary of Defense may redelegate the
position of milestone decision authority for a program
designated above upon request of the Secretary of the
military department concerned. A decision on redelegation
must be made within 180 days of the request of the Secretary
of the military department concerned.
``(B) If the Secretary of Defense denies the request for
redelegation, the Secretary shall certify to the
congressional defense committees that an alternate official
serving as milestone decision authority will best position
the program to achieve desired cost, schedule, and
performance outcomes. No such redelegation is authorized
after a program has incurred a unit cost increase greater
than the significant cost threshold or critical cost
threshold under section 2433 of this title, except for
exceptional circumstances.
``(4) For major defense acquisition programs where the
service acquisition executive of the military service that is
managing the program is the milestone decision authority--
``(A) the Secretary of Defense shall ensure that no
documentation is required outside of the military service
organization, without a determination by the Deputy Chief
Management Officer that the documentation supports a specific
statutory requirement and is implemented in a manner that
will not result in program delays or increased costs, and no
acquisition programmatic approvals shall be required outside
of the military service organization, with the exception of
approval of the Director of Operational Test and Evaluation
of the Test and Evaluation Master Plan; and
``(B) the Secretary of the military department concerned
and the chief of the Armed Force concerned shall, in each
Selected Acquisition Report required under section 2432 of
this title, certify that program requirements are stable and
funding is adequate to meet cost, schedule, and performance
objectives for the program and identify and report to the
congressional defense committees on any increased risk to the
program since the last report.''.
(b) Conforming Amendment.--Section 133(b)(5) of such title
is amended by inserting before the period at the end the
following: ``, except that the Under Secretary shall exercise
only advisory authority over service acquisition programs for
which the service acquisition executive is the milestone
decision authority''.
(c) Implementation.--
(1) Implementation plan.--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 plan
for implementing subsection (d) of section 2430 of title 10,
United States Code, as added by subsection (a) of this
section.
(2) Guidance.--The Deputy Chief Management Officer of the
Department of Defense,
[[Page S3507]]
in consultation with the Under Secretary of Defense for
Acquisition, Technology and Logistics and the service
acquisition executives, shall issue guidance to ensure that
by not later than October 1, 2016, the acquisition policy,
guidance, and practices of the Department of Defense conform
to the requirements of subsection (d) of section 2430 of
title 10, United States Code, as added by subsection (a) of
this section. The guidance shall be designed to ensure a
streamlined decision-making and approval process and to
minimize any information requests, consistent with the
requirement of paragraph (4)(A) of such subsection (d).
(3) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 2016.
SEC. 844. REVISION OF MILESTONE A DECISION AUTHORITY
RESPONSIBILITIES FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Revision to Milestone a Requirements.--
(1) In general.--Section 2366a of title 10, United States
Code, is amended to read as follows:
``Sec. 2366a. Major defense acquisition programs:
responsibilities at Milestone A approval
``(a) Responsibilities.--Before granting Milestone A
approval for a major defense acquisition program or a major
subprogram, the milestone decision authority for the program
or subprogram shall ensure that--
``(1) information about the program or subprogram is
sufficient to warrant entry of the program or subprogram into
the risk reduction phase;
``(2) the Secretary of the relevant military department and
the chief of the relevant military service concur in cost,
schedule, technical feasibility, and performance trade-offs
that have been made with regard to the program; and
``(3) there are sound plans for progression of the program
or subprogram to the development phase.
``(b) Considerations.--In carrying out subsection (a), the
milestone decision authority shall take appropriate action to
ensure that--
``(1) the program or subprogram--
``(A) meets a joint military requirement and responds to an
anticipated or likely threat;
``(B) has been developed in light of appropriate market
research and a review of alternative approaches and does not
unnecessarily duplicate a capability already provided by an
existing system; and
``(C) is affordable in light of cost estimates developed
pursuant to the guidance of the Director of Cost Assessment
and Program Evaluation; and
``(2) the acquisition strategy for the program or
subprogram--
``(A) identifies areas of risk and, for each such
identified area of risk, includes a plan to reduce the risk;
``(B) addresses planning for sustainment; and
``(C) complies with the requirements of section 2431a of
this title and the policies and procedures implementing such
section; and
``(3) the program or subprogram meets any other
considerations the milestone decision authority considers
relevant.
``(c) Notification.--Not later than 30 days after granting
Milestone A approval for a major defense acquisition program
or major subprogram, the milestone decision authority for
that program or subprogram shall submit to the congressional
defense committees notice of the approval in writing. The
milestone decision authority's decision memorandum with
respect to such approval shall be available to the
congressional defense committees upon request, consistent
with any relevant classification requirements.
``(d) Definitions.--In this section:
``(1) The term `major defense acquisition program' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
this title.
``(2) The term `major subprogram' means a major subprogram
of a major defense acquisition program designated under
section 2430a(a)(1) of this title.
``(3) The term `milestone decision authority', with respect
to a major defense acquisition program or a major subprogram,
means the official within the Department of Defense
designated with the overall responsibility and authority for
acquisitions decisions for the program or subprogram,
including authority to approve entry of the program or
subprogram into the next phase of the acquisition process.
``(4) The term `Milestone A approval' means a decision to
enter into a risk reduction phase pursuant to guidance
prescribed by the Secretary of Defense for the management of
Department of Defense acquisition programs.
``(5) The term `joint military requirement' has the meaning
given that term in section 181(g)(1) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
the item relating to section 2366a and inserting the
following:
``2366a. Major defense acquisition programs: responsibilities at
Milestone A approval.''.
(b) Considerations in Making Milestone a Determinations.--
In making a Milestone A determination pursuant to section
2366a of title 10, United States Code, the milestone decision
authority shall include consideration of the following:
(1) With respect to joint military requirements, the
factors outlined under section 181(b) of title 10, United
States Code.
(2) With respect to alternative approaches, the factors
outlined under section 201(a) of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23; 10 U.S.C.
2302 note).
(3) With respect to affordability and cost estimates and
analyses, the factors outlined under section 2334(a) of title
10, United States Code.
(4) With respect to risk, the factors outlined under--
(A) section 138b(b) of title 10, United States Code; and
(B) section 842.
(5) With respect to sustainment, the factors outlined under
section 2337 and section 2464 of this title 10, United States
Code.
SEC. 845. REVISION OF MILESTONE B DECISION AUTHORITY
RESPONSIBILITIES FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Revision to Milestone B Requirements.--Section 2366b of
title 10, United Stated Code, is amended to read as follows:
``Sec. 2366b. Major defense acquisition programs:
certification required before Milestone B approval
``(a) Certification.--A major defense acquisition program
may not receive Milestone B approval until the milestone
decision authority certifies that the technology in the
program has been demonstrated in a relevant environment, as
determined by the Milestone Decision Authority on the basis
of an independent review and assessment by the Assistant
Secretary of Defense for Research and Engineering, in
consultation with the Deputy Assistant Secretary of Defense
for Developmental Test and Evaluation.
``(b) Determination.--A major defense acquisition program
may not receive Milestone B approval until the milestone
decision authority determines that appropriate steps have
been taken to ensure that--
``(1) the program is affordable when considering the
ability of the Department of Defense to accomplish the
program's mission using alternative systems;
``(2) trade-offs among cost, schedule, technical
feasibility, and performance objectives have been made to
ensure that the program is affordable when considering the
per unit cost and the total acquisition cost in the context
of the total resources available during the period covered by
the future-years defense program submitted during the fiscal
year in which the certification is made;
``(3) the Secretary of the relevant military department and
the chief of the relevant military service concur in the
trade-offs made in accordance with paragraph (2);
``(4) reasonable cost and schedule estimates have been
developed to execute, with the concurrence of the Director of
Cost Assessment and Program Evaluation, the product
development and production plan under the program;
``(5) funding is available to execute the product
development and production plan under the program, through
the period covered by the future-years defense program
submitted during the fiscal year in which the certification
is made, consistent with the estimates described in paragraph
(4) for the program;
``(6) market research has been conducted prior to
technology development to reduce duplication of existing
technology and products;
``(7) the Department of Defense has completed an analysis
of alternatives and a business case analysis with respect to
the program;
``(8) the Joint Requirements Oversight Council has
accomplished its duties with respect to the program pursuant
to section 181(b) of this title, including an analysis of the
operational requirements for the program;
``(9) life-cycle sustainment planning, including corrosion
prevention and mitigation planning, has identified and
evaluated relevant sustainment costs throughout development,
production, operation, sustainment, and disposal of the
program, and any alternatives, and that such costs are
reasonable and have been accurately estimated;
``(10) an estimate has been made of the requirements for
core logistics capabilities and the associated sustaining
workloads required to support such requirements;
``(11) there is a plan to mitigate and account for any
costs in connection with any anticipated de-certification of
cryptographic systems and components during the production
and procurement of the major defense acquisition program to
be acquired;
``(12) a preliminary design review or assessment of
engineering design knowledge of the system has been
satisfactorily completed; and
``(13) the program complies with all relevant policies,
regulations, and directives of the Department of Defense.
``(c) Changes to Certification.--(1) The program manager
for a major defense acquisition program that has received
milestone B approval under this section shall immediately
notify the milestone decision authority of any changes to the
program or a designated major subprogram of such program
that--
``(A) alter the substantive basis for the certification of
the milestone decision authority under subsection (a) or any
element of
[[Page S3508]]
the determination of the milestone decision authority under
subsection (b); or
``(B) otherwise cause the program or subprogram to deviate
significantly from the material provided to the milestone
decision authority in support of such certification or
determination.
``(2) Upon receipt of information under paragraph (1), the
milestone decision authority may withdraw the certification
or determination concerned or rescind Milestone B approval if
the milestone decision authority determines that such
certification, determination, or approval is no longer valid.
``(d) Submission to Congress.--(1) The certification
required under subsection (a) and the determination under
subsection (b) with respect to a major defense acquisition
program shall be submitted to the congressional defense
committees with the first Selected Acquisition Report
submitted under section 2432 of this title after completion
of the certification.
``(2) A summary of any information provided to the
milestone decision authority pursuant to subsection (c) and a
description of the actions taken as a result of such
information shall be submitted with the first Selected
Acquisition Report submitted under section 2432 of this title
after receipt of such information by the milestone decision
authority.
``(e) Waiver for National Security.--(1) The milestone
decision authority may waive the applicability to a major
defense acquisition program of the certification requirement
in subsection (a) or one or more components of the
determination requirement in subsection (b) if the milestone
decision authority determines that, but for such a waiver,
the Department would be unable to meet critical national
security objectives.
``(2) Whenever the milestone decision authority makes such
a determination and authorizes such a waiver the waiver, the
determination, and the reasons for the determination shall be
submitted in writing to the congressional defense committees
within 30 days after the waiver is authorized.
``(f) Nondelegation.--The milestone decision authority may
not delegate the certification requirement under subsection
(a), the determination requirement under subsection (b), or
the authority to waive any component of such requirement
under subsection (e).
``(g) Definitions.--In this section:
``(1) The term `major defense acquisition program' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
this title.
``(2) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program designated
under section 2430a(a)(1) of this title.
``(3) The term `milestone decision authority', with respect
to a major defense acquisition program, means the individual
within the Department of Defense designated with overall
responsibility for the program.
``(4) The term `Milestone B approval' has the meaning
provided that term in section 2366(e)(7) of this title.
``(5) The term `core logistics capabilities' means the core
logistics capabilities identified under section 2464(a) of
this title.''.
(b) Considerations in Making Milestone B Determinations.--
In making a Milestone B determination pursuant to section
2366b of title 10, United States Code, the milestone decision
authority shall review the acquisition strategy required by
section 2431a of title 10, as added by section 841 of this
Act and include consideration of the following:
(1) With respect to affordability, the factors outlined
under section 2334 of title 10, United States Code.
(2) With respect to risk, the factors outlined under--
(A) section 842; and
(B) section 138b(b) of title 10, United States Code.
(3) With respect to fulfilling a joint military
requirement, the factors outlined under section 181 of title
10, United States Code.
(4) With respect to competition--
(A) the factors outlined under section 202 of the Weapon
Systems Acquisition Reform Act of 2009 (Public Law 111-23; 10
U.S.C. 2430 note); and
(B) the requirements of section 2304 of title 10, United
States Code.
(5) With respect to sustainment, the factors outlined under
section 2337 and section 2464 of title 10, United States
Code.
(c) Conforming Change.--Section 2334(a) of title 10, United
States Code, is amended in paragraph (6)(A)(i) by striking
``any certification under'' and inserting in lieu thereof
``any decision to grant milestone approval pursuant to''.
SEC. 846. TENURE AND ACCOUNTABILITY OF PROGRAM MANAGERS FOR
PROGRAM DEVELOPMENT PERIODS.
(a) Revised Guidance Required.--Not later than 180 days
after date of the enactment of this Act, the Secretary of
Defense shall revise Department of Defense guidance for
defense acquisition programs to address the tenure and
accountability of program managers for the program
development period of defense acquisition programs.
(b) Program Development Period.--For the purpose of this
section, the term ``program development period'' refers to
the period before a decision on Milestone B approval (or Key
Decision Point B approval in the case of a space program).
(c) Responsibilities.--The revised guidance required by
subsection (a) shall provide that the program manager for the
program development period of a defense acquisition program
is responsible for--
(1) bringing to maturity the technologies and manufacturing
processes that will be needed to carry out the program;
(2) ensuring continuing focus during program development on
meeting stated mission requirements and other requirements of
the Department of Defense;
(3) making trade-offs between program cost, schedule, and
performance for the life-cycle of the program;
(4) developing a business case for the program; and
(5) ensuring that appropriate information is available to
the milestone decision authority to make a decision on
Milestone B approval (or Key Decision Point B approval in the
case of a space program), including information necessary to
make the certification required by section 2366a of title 10,
United States Code.
(d) Qualifications, Resources, and Tenure.--The Secretary
of Defense shall ensure that each program manager for the
program development period of a defense acquisition program--
(1) has the appropriate management, engineering, technical,
and financial expertise needed to meet the responsibilities
assigned pursuant to subsection (c);
(2) is provided the resources and support (including
systems engineering expertise, cost estimating expertise, and
software development expertise) needed to meet such
responsibilities; and
(3) is assigned to the program manager position for such
program until such time as such program is ready for a
decision on Milestone B approval (or Key Decision Point B
approval in the case of a space program), unless removed for
cause or due to exceptional circumstances.
SEC. 847. TENURE AND ACCOUNTABILITY OF PROGRAM MANAGERS FOR
PROGRAM EXECUTION PERIODS.
(a) Revised Guidance Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall revise Department of Defense guidance for
defense acquisition programs to address the tenure and
accountability of program managers for the program execution
period of defense acquisition programs.
(b) Program Execution Period.--For purposes of this
section, the term ``program execution period'' refers to the
period after Milestone B approval (or Key Decision Point B
approval in the case of a space program).
(c) Responsibilities.--The revised guidance required by
subsection (a) shall--
(1) require the program manager for the program execution
period of a defense acquisition program to enter into a
performance agreement with the milestone decision authority
for such program within six months of assignment, that--
(A) establishes expected parameters for the cost, schedule,
and performance of the program consistent with the business
case for the program;
(B) provides the commitment of the milestone decision
authority to provide the level of funding and resources
required to meet such parameters; and
(C) provides the assurance of the program manager that such
parameters are achievable and that the program manager will
be accountable for meeting such parameters; and
(2) provide the program manager with the authority to--
(A) veto the addition of new program requirements that
would be inconsistent with the parameters established in the
performance agreement entered into pursuant to paragraph (1),
subject to the authority of the Under Secretary of Defense
for Acquisition, Technology, and Logistics to override the
veto based on critical national security reasons;
(B) make trade-offs between cost, schedule, and
performance, provided that such trade-offs are consistent
with the parameters established in the performance agreement
entered into pursuant to paragraph (1);
(C) redirect funding within such program, to the extent
necessary to achieve the parameters established in the
performance agreement entered into pursuant to paragraph (1);
(D) develop such interim goals and milestones as may be
required to achieve the parameters established in the
performance agreement entered into pursuant to paragraph (1);
and
(E) use program funds to recruit and hire such technical
experts as may be required to carry out the program, if
necessary expertise is not otherwise provided by the
Department of Defense.
(d) Qualifications, Resources, and Tenure.--The Secretary
shall ensure that each program manager for the program
execution period of a defense acquisition program--
(1) has the appropriate management, engineering, technical,
and financial expertise needed to meet the responsibilities
assigned pursuant to subsection (c);
(2) is provided the resources and support (including
systems engineering expertise, cost estimating expertise, and
software development expertise) needed to meet such
responsibilities; and
(3) is assigned to the program manager position for such
program at the time of Milestone B approval (or Key Decision
Point B approval in the case of a space program) and
continues in such position until the delivery of the first
production units of the program, unless removed for cause or
due to exceptional circumstances.
[[Page S3509]]
(e) Limited Waiver Authority.--The Secretary may waive the
requirement in paragraph (3) of subsection (d) that a program
manager for the program execution period of a defense
acquisition program serve in that position until the delivery
of the first production units of such program upon submitting
to the congressional defense committees a written
determination that--
(1) the program is so complex, and the delivery of the
first production units will take so long, that it would not
be feasible for a single individual to serve as program
manager for the entire period covered by such paragraph; and
(2) the complexity of the program, and length of time that
will be required to deliver the first production units, are
not the result of a failure to meet the certification
requirements under section 2366a of title 10, United States
Code.
SEC. 848. REPEAL OF REQUIREMENT FOR STAND-ALONE MANPOWER
ESTIMATES FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Repeal of Requirement.--Subsection (a)(1) of section
2434 of title 10, United States Code, is amended by striking
``and a manpower estimate for the program have'' and
inserting ``has''.
(b) Conforming Amendments Relating to Regulations.--
Subsection (b) of such section is amended--
(1) by striking paragraph (2);
(2) by striking ``shall require--'' and all that follows
through ``that the independent'' and inserting ``shall
require that the independent'';
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and moving those
paragraphs, as so redesignated, two ems to the left; and
(4) in paragraph (2), as so redesignated--
(A) by striking ``and operations and support,'' and
inserting ``operations and support, and manpower to operate,
maintain, and support the program upon full operational
deployment,''; and
(B) by striking ``; and'' and inserting a period.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2434. Independent cost estimates''.
(2) Table of sections.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
the item relating to section 2434 and inserting the
following:
``2434. Independent cost estimates.''.
SEC. 849. PENALTY FOR COST OVERRUNS.
(a) In General.--For each fiscal year beginning with fiscal
year 2015, the Secretary of each military department shall
pay a penalty for cost overruns on the covered major defense
acquisition programs of the military department.
(b) Calculation of Penalty.--For the purposes of this
section:
(1) The amount of the cost overrun or underrun on any major
defense acquisition program or subprogram in a fiscal year is
the difference between the current program acquisition unit
cost for the program or subprogram and the program
acquisition unit cost for the program as shown in the
original Baseline Estimate for the program or subprogram,
multiplied by the quantity of items to be purchased under the
program or subprogram, as reported in the final Selected
Acquisition Report for the fiscal year in accordance with
section 2432 of title 10, United States Code.
(2) Cost overruns or underruns for covered major defense
acquisition programs that are joint programs of more than one
military department shall be allocated among the military
departments in percentages determined by the Under Secretary
of Defense for Acquisition, Technology, and Logistics.
(3) The cumulative amount of cost overruns for a military
department in a fiscal year is the sum of the cost overruns
and cost underruns for all covered major defense acquisition
programs of the department in the fiscal year (including cost
overruns or underruns allocated to the military department in
accordance with paragraph (2)).
(4) The cost overrun penalty for a military department in a
fiscal year is three percent of the cumulative amount of cost
overruns of the military department in the fiscal year, as
determined pursuant to paragraph (3), except that the cost
overrun penalty may not be a negative amount.
(c) Transfer of Funds.--
(1) Reduction of research, development, test, and
evaluation accounts.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2015, the
Secretary of each military department shall reduce each
research, development, test, and evaluation account of the
military department by the percentage determined under
paragraph (2), and remit such amount to the Secretary of
Defense.
(2) Determination of amount.--The percentage reduction to
research, development, test, and evaluation accounts of a
military department referred to in paragraph (1) is the
percentage reduction to such accounts necessary to equal the
cost overrun penalty for the fiscal year for such department
determined pursuant to subsection (b)(4).
(3) Crediting of funds.--Any amount remitted under
paragraph (1) shall be credited to the Rapid Prototyping Fund
established pursuant to section 803 of this Act.
(d) Covered Programs.--A major defense acquisition program
is covered under this section if the original Baseline
Estimate was established for such program under section
2435(d) (1) or (2) on or after the date of the enactment of
the Weapon Systems Acquisition Reform Act of 2009 (Public Law
111-23).
SEC. 850. STREAMLINING OF REPORTING REQUIREMENTS APPLICABLE
TO ASSISTANT SECRETARY OF DEFENSE FOR RESEARCH
AND ENGINEERING REGARDING MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Reporting to Under Secretary of Defense for
Acquisition, Technology, and Logistics Before Milestone B
Approval.--Subparagraph (A) of paragraph (8) of section
138(b) of title 10, United States Code, as amended by section
901(h)(2) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3466), is further amended--
(1) by striking ``periodically'';
(2) by striking ``the major defense acquisition programs''
and inserting ``each major defense acquisition program'';
(3) by inserting ``before the Milestone B approval for that
program'' after ``Department of Defense''; and
(4) by striking ``such reviews and assessments'' and
inserting ``such review and assessment''.
(b) Annual Report to Secretary of Defense and Congressional
Defense Committees.--Subparagraph (B) of such paragraph is
amended by inserting ``for which a Milestone B approval
occurred during the preceding fiscal year'' after
``Department of Defense''.
SEC. 851. CONFIGURATION STEERING BOARDS FOR COST CONTROL
UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.
Section 814(c)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4529) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively; and
(2) by inserting after ``for the following:'' the following
new subparagraph:
``(A) Monitoring changes in program requirements and
ensuring all such changes receive the approval of the Chief
of the relevant military service, in consultation with the
Secretary of the relevant military department.''.
Subtitle D--Provisions Relating to Commercial Items
SEC. 861. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO
THE ACQUISITION OF COMMERCIAL ITEMS AND
COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.
(a) Amendment to Title 10, United States Code.--Section
2375 of title 10, United States Code, is amended to read as
follows:
``Sec. 2375. Relationship of commercial item provisions to
other provisions of law
``(a) Applicability of Government-wide Statutes.--(1) No
contract for the procurement of a commercial item entered
into by the head of an agency shall be subject to any law
properly listed in the Federal Acquisition Regulation
pursuant to section 1906(b) of title 41.
``(2) No subcontract under a contract for the procurement
of a commercial item entered into by the head of an agency
shall be subject to any law properly listed in the Federal
Acquisition Regulation pursuant to section 1906(c) of title
41.
``(3) No contract for the procurement of a commercially
available off-the-shelf item entered into by the head of an
agency shall be subject to any law properly listed in the
Federal Acquisition Regulation pursuant to section 1907 of
title 41.
``(b) Applicability of Defense-unique Statutes to Contracts
for Commercial Items.--(1) The Defense Federal Acquisition
Regulation Supplement shall include a list of defense-unique
provisions of law that are inapplicable to contracts for the
procurement of commercial items. A provision of law properly
included on the list pursuant to paragraph (2) does not apply
to purchases of commercial items by the Department of
Defense. This section does not render a provision of law not
included on the list inapplicable to contracts for the
procurement of commercial items.
``(2) A provision of law described in subsection (e) that
is enacted after January 1, 2015, shall be included on the
list of inapplicable provisions of law required by paragraph
(1) unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics makes a written determination that
it would not be in the best interest of the Department of
Defense to exempt contracts for the procurement of commercial
items from the applicability of the provision.
``(c) Applicability of Defense-unique Statutes to
Subcontracts for Commercial Items.--(1) The Defense Federal
Acquisition Regulation Supplement shall include a list of
provisions of law that are inapplicable to subcontracts under
a Department of Defense contract or subcontract for the
procurement of commercial items. A provision of law properly
included on the list pursuant to paragraph (2) does not apply
to those subcontracts. This section does not render a
provision of law not included on the list inapplicable to
subcontracts under a contract for the procurement of
commercial items.
``(2) A provision of law described in subsection (e) shall
be included on the list of inapplicable provisions of law
required by paragraph (1) unless the Under Secretary of
Defense for Acquisition, Technology, and Logistics makes a
written determination that
[[Page S3510]]
it would not be in the best interest of the Department of
Defense to exempt subcontracts under a contract for the
procurement of commercial items from the applicability of the
provision.
``(3) In this subsection, the term `subcontract' includes a
transfer of commercial items between divisions, subsidiaries,
or affiliates of a contractor or subcontractor. The term does
not include agreements entered into by a contractor for the
supply of commodities that are intended for use in the
performance of multiple contracts with the Department of
Defense and other parties and are not identifiable to any
particular contract.
``(4) This subsection does not authorize the waiver of the
applicability of any provision of law with respect to any
first-tier subcontract under a contract with a prime
contractor reselling or distributing commercial items of
another contractor without adding value.
``(d) Applicability of Defense-unique Statutes to Contracts
for Commercially Available, Off-the-shelf Items.--(1) The
Defense Federal Acquisition Regulation Supplement shall
include a list of provisions of law that are inapplicable to
contracts for the procurement of commercially available off-
the-shelf items. A provision of law properly included on the
list pursuant to paragraph (2) does not apply to Department
of Defense contracts for the procurement of commercially
available off-the-shelf items. This section does not render a
provision of law not included on the list inapplicable to
contracts for the procurement of commercially available off-
the-shelf items.
``(2) A provision of law described in subsection (e) shall
be included on the list of inapplicable provisions of law
required by paragraph (1) unless the Under Secretary of
Defense for Acquisition, Technology, and Logistics makes a
written determination that it would not be in the best
interest of the Department of Defense to exempt contracts for
the procurement of commercially available off-the-shelf items
from the applicability of the provision.
``(e) Covered Provision of Law.--A provision of law
referred to in subsections (b)(2), (c)(2), and (d)(2) is a
provision of law that the Under Secretary of Defense for
Acquisition, Technology, and Logistics determines sets forth
policies, procedures, requirements, or restrictions for the
procurement of property or services by the Federal
Government, except for a provision of law that--
``(1) provides for criminal or civil penalties; or
``(2) specifically refers to this section and provides
that, notwithstanding this section, it shall be applicable to
contracts for the procurement of commercial items.''.
(b) Changes to Defense Federal Acquisition Regulation
Supplement.--
(1) In general.--To the maximum extent practicable, the
Under Secretary of Defense for Acquisition, Technology, and
Logistics shall ensure that--
(A) the Defense Federal Acquisition Regulation Supplement
does not require the inclusion of contract clauses in
contracts for the procurement of commercial items or
contracts for the procurement of commercially available off-
the-shelf items, unless such clauses are--
(i) required to implement provisions of law or executive
orders applicable to such contracts; or
(ii) determined to be consistent with standard commercial
practice; and
(B) the flow-down of contract clauses to subcontracts under
contracts for the procurement of commercial items or
commercially available off-the-shelf items is prohibited
unless such flow-down is required to implement provisions of
law or executive orders applicable to such subcontracts.
(2) Subcontracts.--In this subsection, the term
``subcontract'' includes a transfer of commercial items
between divisions, subsidiaries, or affiliates of a
contractor or subcontractor. The term does not include
agreements entered into by a contractor for the supply of
commodities that are intended for use in the performance of
multiple contracts with the Department of Defense and other
parties and are not identifiable to any particular contract.
(c) Report on Inclusion of Contract Clauses.--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 listing all standard contract
clauses included in contracts awarded using commercial
acquisition procedures under part 12 of the Federal
Acquisition Regulation, including a justification for the
inclusion of each such clause.
SEC. 862. MARKET RESEARCH AND PREFERENCE FOR COMMERCIAL
ITEMS.
(a) Guidance Required.--Not later than 90 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall
issue guidance to ensure that acquisition officials of the
Department of Defense fully comply with the requirements of
section 2377 of title 10, United States Code, regarding
market research and commercial items. The guidance issued
pursuant to this subsection shall, at a minimum--
(1) provide that the head of an agency may not enter into a
contract in excess of the simplified acquisition threshold
for information technology products or services that are not
commercial items unless the head of the agency determines in
writing that no commercial items are suitable to meet the
agency's needs as provided in subsection (c)(2) of such
section; and
(2) ensure that market research conducted in accordance
with subsection (c) of such section is used, where
appropriate, to inform price reasonableness determinations.
(b) Review Required.--Not later than 180 days after the
date of the enactment of this Act, the Chairman and the Vice
Chairman of the Joint Chiefs of Staff, in consultation with
the Under Secretary of Defense for Acquisition, Technology,
and Logistics, shall review Chairman of the Joint Chiefs of
Staff Instruction 3170.01, the Manual for the Operation of
the Joint Capabilities Integration and Development System,
and other documents governing the requirements development
process and revise these documents as necessary to ensure
that the Department of Defense fully complies with the
requirement in section 2377(c) of title 10, United States
Code, and section 10.001 of the Federal Acquisition
Regulation for Federal agencies to conduct appropriate market
research before developing new requirements.
(c) Market Research Defined.--For the purposes of this
section, the term ``market research'' means a review of
existing systems, subsystems, capabilities, and technologies
that are available or could be made available to meet the
needs of the Department of Defense in whole or in part. The
review may include any of the techniques for conducting
market research provided in section 10.002(b)(2) of the
Federal Acquisition Regulation and shall include, at a
minimum, contacting knowledgeable individuals in Government
and industry regarding existing market capabilities.
SEC. 863. CONTINUING VALIDITY OF COMMERCIAL ITEM
DETERMINATIONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Defense Federal Acquisition
Regulation Supplement shall be modified to address the
validity of commercial item determinations for multiple
procurements.
(b) Required Elements.--The modification required by
paragraph (1) shall, at a minimum--
(1) provide that a written determination by an authorized
agency official that an item is a commercial item for the
purposes of section 2306a of title 10, United States Code,
shall be presumed to be valid for any subsequent procurement
unless the contracting officer for such procurement
determines in writing that the earlier determination was made
in error or was based on inadequate information; and
(2) establish a process by which the contractor may appeal
a determination by a contracting officer that an earlier
determination was made in error or was based on inadequate
information to the head of contracting for the agency.
(c) Rule of Construction.--Nothing in this section shall be
construed to preclude the contracting officer for the
procurement of a commercial item from requiring the
contractor to supply information that is sufficient to
determine the reasonableness of price, regardless whether or
not the contractor was required to provide such information
in connection with any earlier procurement.
SEC. 864. TREATMENT OF COMMERCIAL ITEMS PURCHASED AS MAJOR
WEAPON SYSTEMS.
(a) Amendments to Requirements Related to Major Weapon
Systems.--Section 2379 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``section 4(12) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(12))'' and inserting ``section 103 of title 41, United
States Code''; and
(ii) in subparagraph (B), by striking the semicolon at the
end and inserting ``; and'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(2) in subsection (b)--
(A) by striking ``section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c))'' and inserting
``section 104 of title 41, United States Code,''; and
(B) in paragraph (2)--
(i) by striking ``in writing that--'' and all that follows
through ``(A) the subsystem'' and inserting ``in writing that
the subsystem'';
(ii) by striking ``section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)); and'' and
inserting ``section 103 of title 41, United States Code.'';
and
(iii) by striking subparagraph (B);
(3) in subsection (c)(1)--
(A) by striking ``section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c))'' and inserting
``section 104 of title 41, United States Code,''; and
(B) in subparagraph (B)--
(i) by striking ``in writing that--'' and all that follows
through ``(i) the component'' and inserting ``in writing that
the component'';
(ii) by striking ``section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)); and'' and
inserting ``section 103 of title 41, United States Code.'';
and
(iii) by striking clause (ii); and
(4) by amending subsection (d) to read as follows:
``(d) Information Submitted.--(1) To the extent necessary
to determine the reasonableness of the price for items
acquired under this section, the contracting officer shall
require the offeror to submit--
[[Page S3511]]
``(A) prices paid for the same or similar commercial items
under comparable terms and conditions by both government and
commercial customers;
``(B) if the contracting officer determines that the
offeror does not have access to and cannot provide sufficient
information described in subparagraph (A) to determine the
reasonableness of price, information on--
``(i) prices for the same or similar items sold under
different terms and conditions;
``(ii) prices for similar levels of work or effort on
related products or services;
``(iii) prices for alternative solutions or approaches; and
``(iv) other relevant information that can serve as the
basis for a price assessment; and
``(C) if the contracting officer determines that the
information submitted pursuant to subparagraphs (A) and (B)
is not sufficient to determine the reasonableness of price,
other relevant information regarding the basis for price or
cost, including information on labor costs, material costs,
and overhead rates.
``(2) An offeror may not be required to submit information
described in paragraph (1)(C) with regard to a commercially
available off-the-shelf item or any other item that was
developed exclusively at private expense.''.
(b) Conforming Amendment to Truth in Negotiations Act.--
Section 2306a(d)(1) of such title is amended by adding at the
end the following new sentence: ``If the contracting officer
determines that the offeror does not have access to and
cannot provide sufficient information on prices for the same
or similar items to determine the reasonableness of price,
the contracting officer shall require the submission of
information on prices for similar levels or work or effort on
related products or services, prices for alternative
solutions or approaches, and other information that is
relevant to the determination of a fair and reasonable
price.''.
SEC. 865. LIMITATION ON CONVERSION OF PROCUREMENTS FROM
COMMERCIAL ACQUISITION PROCEDURES.
(a) Limitation.--
(1) In general.--The Secretary of Defense may not convert
the procurement of commercial items or services from
commercial acquisition procedures under part 12 of the
Federal Acquisition Regulation to non-commercial acquisition
procedures under part 15 of the Federal Acquisition
Regulation unless the Secretary, in consultation with the
head of the acquisition component, certifies to the
congressional defense committees that the Department of
Defense will realize a significant cost savings compared to
the cost of procuring a similar quantity or level of such
item or service using commercial acquisition procedures.
(2) Certification factors.--In making a certification under
paragraph (1), the Secretary of Defense shall consider the
following factors:
(A) The estimated cost of foregone research and development
to be performed by the existing contractor to improve future
products or services.
(B) The transaction costs for the Department of Defense and
the contractor in assessing and responding to data requests
to support a conversion to non-commercial acquisition
procedures.
(C) Changes in purchase quantities.
(D) Costs associated with potential procurement delays
resulting from the conversion.
(b) Reporting Requirements.--
(1) Inventory.--The Secretary of Defense shall prepare an
inventory of all contracts and subcontracts converted from
commercial acquisition procedures to non-commercial
procedures during the previous five years.
(2) Reports.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on each
conversion identified in the inventory prepared under
paragraph (1) that identifies and compares per unit costs and
prices paid for the item or service under commercial
acquisition procedures with those paid under non-commercial
procurement procedures.
(c) Comptroller General Review.--
(1) Review of reports.--Not later than 180 days after the
Secretary of Defense submits a report under subsection
(b)(2), the Comptroller General of the United States shall
submit to the congressional defense committees a review of
the accuracy of the report.
(2) Recommendations.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the congressional defense
committees a report including any recommendations for
additional costs and benefits that should be considered when
the Department of Defense is planning to convert a
procurement of items or services from commercial to non-
commercial procurement procedures.
(B) Factors.--In making recommendations under subparagraph
(A), the Comptroller General shall consider the following
factors:
(i) Industrial base considerations.
(ii) The estimated cost of foregone research and
development to be performed by existing contractors to
improve future products or services.
(iii) The transaction costs for the Department of Defense
and contractors in assessing and responding to data requests
to support conversions to non-commercial acquisition
procedures.
(iv) Costs associated with potential procurement delays
resulting from conversions.
(d) Sunset.--The requirements of this section shall
terminate 5 years after the date of the enactment of this
Act.
SEC. 866. TREATMENT OF GOODS AND SERVICES PROVIDED BY
NONTRADITIONAL CONTRACTORS AS COMMERCIAL ITEMS.
(a) In General.--Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2380. Treatment of goods and services provided by
nontraditional contractors as commercial items
``Notwithstanding section 2376(1) of this title, items and
services provided by nontraditional contractors (as that term
is defined in section 2302(9) of this title) may be treated
by the head of an agency as commercial items for purposes of
this chapter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 140 of such title is amended by
inserting after the item relating to section 2379 the
following new item:
``2380. Treatment of goods and services provided by nontraditional
contractors as commercial items.''.
Subtitle E--Other Matters
SEC. 871. STREAMLINING OF REQUIREMENTS RELATING TO DEFENSE
BUSINESS SYSTEMS.
(a) Streamlining of Requirements.--
(1) In general.--Section 2222 of title 10, United States
Code, is amended to read as follows:
``Sec. 2222. Defense business systems: business process
reengineering; enterprise architecture; management
``(a) Defense Business Systems Generally.--The Secretary of
Defense shall ensure that each covered defense business
system developed, deployed, and operated by the Department of
Defense--
``(1) is integrated into a comprehensive defense business
enterprise architecture;
``(2) is managed in a manner that provides visibility into,
and traceability of, expenditures for the system; and
``(3) uses an acquisition and sustainment strategy that
prioritizes use of commercial software and business
practices.
``(b) Defense Business Processes Generally.--The Secretary
of Defense shall ensure that defense business processes are
reviewed, and as appropriate revised through business process
reengineering to match best commercial practices, to the
maximum extent practicable, so as to minimize customization
of commercial business systems.
``(c) Issuance of Guidance.--
``(1) Secretary of defense guidance.--The Secretary shall
issue guidance to provide for the coordination of, and
decision making for, the planning, programming, and control
of investments in covered defense business systems.
``(2) Supporting guidance.--The Secretary shall direct the
Deputy Chief Management Officer of the Department of Defense,
the Under Secretary of Defense for Acquisition, Technology,
and Logistics, the Chief Information Officer, and the Chief
Management Officer of each of the military departments to
issue and maintain supporting guidance for the guidance of
the Secretary issued under paragraph (1), within their
respective areas of responsibility, as necessary.
``(d) Guidance Elements.--The guidance issued pursuant to
subsection (c)(1) shall include the following elements:
``(1) Policy to ensure that the business processes of the
Department of Defense are continuously evolved to--
``(A) implement the most streamlined and efficient business
process practicable; and
``(B) eliminate or reduce the need to tailor commercial-
off-the-shelf systems to meet unique requirements or
incorporate unique requirements or incorporate unique
interfaces to the maximum extent practicable.
``(2) A process to establish requirements for covered
defense business systems.
``(3) Policy requiring the periodic review of covered
defense business systems that have been fully deployed, by
portfolio, to ensure that investments in such portfolios are
appropriate.
``(4) Policy to ensure full consideration of sustainability
and technological refreshment requirements, and the
appropriate use of open architectures.
``(e) Defense Business Council.--The Secretary shall
establish a Defense Business Council to provide advice to the
Secretary on reengineering the Department's business
processes and developing and deploying defense business
systems. The Council shall be chaired by the Deputy Chief
Management Officer of the Department of Defense, and shall
include membership from the public sector, defense industry,
and commercial industry.
``(f) Approvals Required for Development.--(1) The
Secretary shall ensure that a covered defense business system
program cannot proceed into development (or, if no
development is required, into production or fielding) unless
the appropriate approval officials (as specified in paragraph
(3)) have determined that--
``(A) a business process has been, or is being,
reengineered to be as streamlined and efficient as
practicable, and the implementation of the business process
will maximize the elimination of unique software requirements
and unique interfaces;
``(B) the system has valid, achievable requirements and a
viable plan for implementing those requirements (including,
as appropriate, market research, business process
reengineering, and prototyping activities);
``(C) the system has an acquisition strategy designed to
eliminate or reduce the need
[[Page S3512]]
to tailor commercial-off-the-shelf systems to meet unique
requirements or incorporate unique requirements or
incorporate unique interfaces to the maximum extent
practicable; and
``(D) the system is in compliance with the Department's
auditability requirements.
``(2)(A) For any fiscal year in which funds are expended
for development or sustainment pursuant to a covered defense
business system program, the appropriate approval officials
shall review the system and certify, certify with conditions,
or decline to certify, as the case may be, that--
``(i) it continues to satisfy the requirements of paragraph
(1);
``(ii) an acquisition program baseline has been established
within two years of program initiation; and
``(iii) program requirements and have not changed in a
manner that is increasing acquisition costs or schedule,
without sufficient cause and only after maximum efforts to
reengineer business processes prior to changing requirements.
``(B) If an approval officially determines that full
certification cannot be granted, the approval official shall
notify the acquisition milestone decision authority for the
program and provide a recommendation for corrective action,
and provide a copy of such recommendations to the
congressional defense committees within 60 days.
``(3) For purposes of paragraph (1), the appropriate
approval officials with respect to a covered defense business
system are the following:
``(A) In the case of a priority defense business system,
the Deputy Chief Management Officer of the Department of
Defense.
``(B) In the case of other covered business systems, an
official designated under procedures established by the
Secretary of Defense.
``(g) Responsibility of Milestone Decision Authority.--The
milestone decision authority for a covered defense business
system program shall be responsible for the acquisition of
such system and shall ensure that acquisition process
approvals are not considered for such system until the
relevant certifications and approvals have been made under
this section.
``(h) Definitions.--In this section:
``(1) Defense business system.--(A) The term `defense
business system' means an information system that is operated
by, for, or on behalf of the Department of Defense, including
any of the following:
``(i) A financial system.
``(ii) A financial data feeder system.
``(iii) A contracting system.
``(iv) A logistics system.
``(v) A planning and budgeting system.
``(vi) An installations management system.
``(vii) A human resources management system.
``(viii) A training and readiness system.
``(B) The term does not include--
``(i) a national security system; or
``(ii) an information system used exclusively by and within
the defense commissary system or the exchange system or other
instrumentality of the Department of Defense conducted for
the morale, welfare, and recreation of members of the armed
forces using nonappropriated funds.
``(2) Covered defense business system.--The term `covered
defense business system' means a defense business system that
is expected to have a total amount of budget authority over
the period of the current future-years defense program
submitted to Congress under section 221 of this title, in
excess of $50,000,000.
``(3) Covered defense business system program .--The term
`covered defense business system program' means a defense
acquisition program to develop and field a covered defense
business system or an increment of a covered defense business
system.
``(4) Priority defense business system program.--The term
`priority defense business system' means a defense business
system that is--
``(A) expected to have a total amount of budget authority
over the period of the current future-years defense program
submitted to Congress under section 221 of this title in
excess of $250,000,000; or
``(B) designated by the Deputy Chief Management Officer of
the Department of Defense as a priority defense business
system, based on specific program analyses of factors
including complexity, scope, and technical risk, and after
notification to Congress of such designation.
``(5) Enterprise architecture.--The term `enterprise
architecture' has the meaning given that term in section
3601(4) of title 44.
``(6) Information system.--The term `information system'
has the meaning given that term in section 11101 of title 40,
United States Code.
``(7) National security system.--The term `national
security system' has the meaning given that term in section
3552(b)(2) of title 44.
``(8) Milestone decision authority.--The term `milestone
decision authority', with respect to a defense acquisition
program, means the individual within the Department of
Defense designated with the responsibility to grant milestone
approvals for that program.
``(9) Business process mapping.--The term `business process
mapping' means a procedure in which the steps in a business
process are clarified and documented in both written form and
in a flow chart.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title is amended to read as
follows:
``2222. Defense business systems: business process reengineering;
enterprise architecture; management.''.
(b) Implementation of Previously Enacted Title Change.--
Effective February 1, 2017, section 2222 of title 10, United
States Code, as amended by subsection (a), is further amended
by striking ``the Deputy Chief Management Officer'' each
place that it appears and inserting ``the Under Secretary of
Defense for Business Management and Information''.
(c) Deadline for Guidance.--The guidance required by
subsection (b)(1) of section 2222 of title 10, United States
Code, as amended by subsection (a)(1), shall be issued not
later than December 31, 2016.
(d) Modification of Comptroller General Assessment.--
Section 332(d) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 1856) is amended to read as follows:
``(d) Comptroller General Assessment.--In each odd-numbered
year, the Comptroller General of the United States shall
submit to the congressional defense committees an assessment
of the extent to which the actions taken by the Department of
Defense comply with the requirements of such section.''.
SEC. 872. ACQUISITION WORKFORCE.
(a) Modifications to Department of Defense Acquisition
Workforce Development Fund.--Section 1705 of title 10, United
States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (2), by amending subparagraph (C) to read
as follows:
``(C) For purposes of this paragraph, the applicable
percentage for a fiscal year is the percentage that results
in the credit to the Fund of $500,000,000 in each fiscal
year.''; and
(B) in paragraph (3), by striking ``24-month period'' and
inserting ``36-month period'';
(2) in subsection (f), by striking ``60 days'' and
inserting ``120 days''; and
(3) in subsection (g)(2), by striking ``September 30,
2017'' and inserting ``September 30, 2023''.
(b) Modifications to Biennial Strategic Workforce Plan.--
Section 115b(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``the defense acquisition
workforce, including both military and civilian personnel''
and inserting ``the military, civilian, and contractor
personnel that directly support the acquisition processes of
the Department of Defense, including persons serving in
acquisition-related positions designated by the Secretary of
Defense under section 1721 of this title'';
(2) in paragraph (2)(D)--
(A) in clause (i), by striking ``; and'' and inserting a
semicolon;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following new clause:
``(ii) a description of steps that will be taken to address
any new or expanded critical skills and competencies the
civilian employee workforce will need to address recent
trends in defense acquisition, emerging best practices,
changes in the government and commercial marketplace, and new
requirements established in law or regulation; and''; and
(3) by adding at the end the following new paragraph:
``(3) For the purposes of paragraph (1), contractor
personnel shall be treated as directly supporting the
acquisition processes of the Department if, and to the extent
that, such contractor personnel perform functions in support
of personnel in Department of Defense positions designated by
the Secretary of Defense under section 1721 of this title.''.
SEC. 873. UNIFIED INFORMATION TECHNOLOGY SERVICES.
(a) Business Case Analysis.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Deputy Chief Management
Officer, the Chief Information Officer of the Department of
Defense, and the Under Secretary of Defense for Acquisition,
Technology and Logistics shall jointly complete a business
case analysis, using the resources of the Director of Cost
Analysis and Program Evaluation, to determine the most
effective and efficient way to procure and deploy information
technology services.
(2) Elements.--The business case analysis required by
paragraph (1) shall include an assessment of whether the
Department of Defense should--
(A)(i) acquire a unified set of commercially provided
common or enterprise information technology services,
including such services as messaging, collaboration,
directory, security, and content delivery; or
(ii) allow the military departments and other components of
the Department to acquire such services separately;
(B)(i) acquire such services from a single provider that
bundles all of the services; or
(ii) require that each common service be independently
defined and use open standards to enable continuous adoption
of best commercial technology; and
(C) enable availability of multiple versions of each type
of service and application to enable choice and competition
while supporting interoperability where necessary.
(b) Governance Mechanism and Process.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall, in consultation with the Deputy
Chief Management Officer and the
[[Page S3513]]
Chief Information Officer, establish a governance mechanism
and process to ensure essential interoperability across
Department networks through the imposition of a minimum set
of standards or common solutions.
SEC. 874. CLOUD STRATEGY FOR DEPARTMENT OF DEFENSE.
(a) Cloud Strategy for Secret Internet Protocol Network.--
(1) In general.--The Chief Information Officer of the
Department of Defense shall, in consultation with the Under
Secretary of Defense for Intelligence, the Director of
National Intelligence, the Vice Chairman of the Joint Chiefs
of Staff, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, and the chief information officers
of the military departments, develop a cloud strategy for the
Secret Internet Protocol Network (SIPRNet) of the Department.
(2) Matters addressed.--This strategy required by paragraph
(1) shall address the following:
(A) Security requirements.
(B) The compatibility of applications currently utilized
within the Secret Internet Protocol Network with a cloud
computing environment.
(C) How a Secret Internet Protocol Network cloud capability
should be competitively acquired.
(D) How a Secret Internet Protocol Network cloud system
would achieve interoperability with the cloud systems of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) operating at
the security level Sensitive Compartmented Information.
(b) Pricing Policy and Cost Recovery Process for Certain
Cloud Services.--The Chief Information Officer of the
Department of Defense shall, in coordination with the
Director of National Intelligence and in consultation with
the Under Secretary of Defense for Intelligence, develop a
consistent pricing policy and cost recovery process for the
use by Department of Defense components of the cloud services
provided through the Intelligence Community Information
Technology Environment.
(c) Assessment of Feasibility and Advisability of Imposing
Minimum Standards.--
(1) In general.--The Chief Information Officer of the
Department of Defense shall assess the feasibility and
advisability of imposing a minimum set of open standards for
cloud infrastructure, middle-ware, metadata, and application
programming interfaces to promote interoperability,
information sharing, and ease of access to data, and
competition across all of the cloud computing systems and
services utilized by components of the Department of Defense.
(2) Coordination.--The Chief Information Officer shall
coordinate the assessment required by paragraph (1) with the
Director of National Intelligence with respect to the cloud
services offered through the Intelligence Community
Information Technology Environment.
SEC. 875. DEVELOPMENT PERIOD FOR DEPARTMENT OF DEFENSE
INFORMATION TECHNOLOGY SYSTEMS.
(a) Flexible Limitation on Development Period.--Section
2445b of title 10, United States Code is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Time-certain Development.--If the baseline documents
prepared under subsection (c) for a major automated
information system that is not a national security system
provide for a period in excess of five years from the time of
program initiation to the time of a full deployment decision,
the documents submitted pursuant to subsection (a) shall
include a written determination by the senior Department of
Defense official responsible for the program justifying the
need for the longer period.''.
(b) Repeal of Inconsistent Requirements.--
(1) Section 2445c(c)(2) of title 10, United States Code, is
amended--
(A) in subparagraph (B), by striking the semicolon at the
end and inserting ``; or'';
(B) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(C) by striking subparagraph (D), as added by section
802(a)(3) of the Carl Levin and Howard ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3427).
(2) Section 811 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2316) is repealed.
SEC. 876. REVISIONS TO PILOT PROGRAM ON ACQUISITION OF
MILITARY PURPOSE NON-DEVELOPMENTAL ITEMS.
Section 866 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 2302 note) is amended--
(1) in subsection (a)(2), by striking ``with nontraditional
defense contractors''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``awarded using
competitive procedures in accordance with chapter 137 of
title 10, United States Code''; and
(B) in paragraph (2), by striking ``$50,000,000'' and
inserting ``$100,000,000''.
SEC. 877. EXTENSION OF THE DEPARTMENT OF DEFENSE MENTOR-
PROTEGE PILOT PROGRAM.
Section 831(j) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking ``September 30, 2015''
and inserting ``September 30, 2016''; and
(2) in paragraph (2), by striking ``September 30, 2018''
and inserting ``September 30, 2019''.
SEC. 878. IMPROVED AUDITING OF CONTRACTS.
(a) Addressing Audit Backlog.--
(1) In general.--Beginning October 1, 2016, the Defense
Contract Audit Agency may provide audit support for non-
Defense Agencies once the Secretary of Defense certifies that
the backlog for incurred cost audits is less than 12 months
of incurred cost inventory.
(2) Adjustment in funding for reimbursements from non-
defense agencies.--The amount appropriated and otherwise
available to the Defense Contract Audit Agency for a fiscal
year beginning after September 30, 2016, shall be reduced by
an amount equivalent to any reimbursements received by the
Agency from non-Defense Agencies for support provided in
violation of the limitation under paragraph (1).
(b) Use of Third Party Audits.--The Secretary of Defense
shall use up to 5 percent of the auditing staff of the
service audit agencies augmented by private sector auditors
to help eliminate the audit backlog in incurred cost, pre-
award accounting systems audits and to reduce the time to
complete pre-award audits.
(c) Use of Inspector General Auditing Staff.--The Office of
the Inspector General of the Department of Defense shall make
available 5 percent of its auditing staff to the Defense
Contract Audit Agency to help eliminate the audit backlog in
incurred cost, pre-award accounting systems audits and to
reduce the time to complete pre-award audits.
(d) Defense Contract Audit Agency Annual Report.--Section
2313a(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by amending subparagraph (D) to read
as follows:
``(D) the total costs of sustained or recovered costs both
as a total number and as a percentage of questioned costs;
and'';
(2) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (4) as paragraph (6); and
(4) by inserting after paragraph (3) the following new
paragraphs:
``(4) a description of actions taken to ensure alignment of
policies and practices across the Defense Contract Audit
Agency regional organizations, offices, and individual
auditors;
``(5) a description of outreach actions toward industry to
promote more effective use of audit resources; and''.
(e) Acquisition Oversight and Audits.--The Secretary of
Defense shall review the oversight and audit structure of the
Department of Defense with the goal of enhancing the
productivity of oversight and program and contract auditing
to avoid duplicative audits and the streamlining of oversight
reviews. The Secretary shall take all necessary measures to
streamline oversight reviews and avoid duplicative audits and
make recommendation for any necessary changes in law.
(f) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
actions taken to avoid duplicative audits and streamline
oversight reviews.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of actions taken to avoid duplicative
audits and streamline oversight reviews based on the review
conducted under subsection (e).
(B) A comparison of commercial industry accounting
practices, including requirements under the Sarbanes-Oxley
Act of 2002 (Public Law 107-204), with the Cost Accounting
Standards (CAS) to determine if some portions of CAS
compliance can be met through such practices or requirements.
(C) A description of standards of materiality used by the
Defense Contract Audit Agency and the Inspector General of
the Department of Defense for defense contract audits.
(D) An estimate of average delay and range of delays in
contract awards due to time necessary for the Defense
Contract Audit Agency to complete pre-award audits.
(g) Incurred Cost Inventory Defined.--In this section, the
term ``incurred cost inventory'' means the level of
contractor incurred cost proposals in inventory from prior
fiscal years that are currently being audited by the Defense
Contract Audit Agency.
SEC. 879. SURVEY ON THE COSTS OF REGULATORY COMPLIANCE.
(a) Survey.--The Secretary of Defense shall conduct a
survey of the top ten contractors with the highest level of
reimbursements for cost type contracts with the Department of
Defense during fiscal year 2014 to estimate industry's cost
of regulatory compliance (as a percentage of total costs)
with government unique acquisition regulations and
requirements in the categories of quality assurance,
accounting and financial management, contracting and
purchasing, program management, engineering, logistics,
material management, property administration, and other
unique requirements not imposed on contracts for commercial
items.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on
[[Page S3514]]
the findings of the survey conducted under subsection (a).
The data received as a result of the survey and included in
the report shall be aggregated to protect against the public
release of proprietary information.
SEC. 880. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON BID
PROTESTS.
(a) Report Required.--Not later than 270 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report on the prevalence and impact of bid
protests on Department of Defense acquisitions over the
previous 10 years, including both protests to the Government
Accountability Office and protests filed in Federal court.
(b) Elements.--The report required by subsection (a) shall
include, at a minimum, the following elements:
(1) A description of trends in the number of bid protests
filed, and the rate of such bid protests compared to the
number of procurements.
(2) A description of comparative rates for bid protests
filed by incumbent contractors and bid protests filed by non-
incumbent contractors.
(3) An assessment of the cost and schedule impact of
successful and unsuccessful bid protests filed by incumbent
contractors on contracts for services with a value in excess
of $100,000,000.
(4) A description of trends in the number of bid protests
filed and the rate of such bid protests on contracts for the
procurement of major defense acquisition programs.
(5) An assessment of the cost and schedule impact of
successful and unsuccessful bid protests filed on contracts
for the procurement of major defense acquisition programs.
(6) A description of any views the Comptroller General may
have on the likely impact of a provision requiring a losing
protester on a contract for the procurement of a major
defense acquisition program to pay the legal fees of the
government.
SEC. 881. STEPS TO IDENTIFY AND ADDRESS POTENTIAL UNFAIR
COMPETITIVE ADVANTAGE OF TECHNICAL ADVISORS TO
ACQUISITION OFFICIALS.
(a) Guidance Required.--Not later than 120 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall
issue guidance on steps that should be taken to identify and
evaluate, and to avoid, neutralize, or mitigate, any
potentially unfair competitive advantage of entities
providing technical advice to acquisition officials in the
award of research and development work by such officials.
(b) Definitions.--For the purposes of this section--
(1) the term ``potentially unfair competitive advantage''
means unequal access to acquisition officials responsible for
award decisions or allocation of resources or to acquisition
information relevant to award decisions or allocation of
resources; and
(2) the term ``entity providing technical advice to
acquisition officials'' means a contractor, Federally-funded
research and development center and other non-profit entity,
or Federal laboratory that provides systems engineering and
technical direction, participates in technical evaluations,
helps prepare specifications or work statements, or otherwise
provides technical advice to acquisition officials on the
conduct of defense acquisition programs.
SEC. 882. HUBZONE QUALIFIED DISASTER AREAS.
(a) In General.--The Small Business Act (15 U.S.C. 631 et
seq.)) is amended--
(1) in section 3(p) (15 U.S.C. 632(p))--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``or'';
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(F) qualified disaster areas.''; and
(B) in paragraph (4), by adding at the end the following:
``(E) Qualified disaster area.--
``(i) In general.--The term `qualified disaster area' means
any census tract or nonmetropolitan county located in an area
for which the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) or located in an
area in which a catastrophic incident has occurred, if--
``(I) in the case of a census tract, the census tract
ceased to be a qualified census tract during the period
beginning 5 years before and ending 2 years after the date on
which--
``(aa) the President declared the major disaster; or
``(bb) the catastrophic incident occurred; or
``(II) in the case of a nonmetropolitan county, the
nonmetropolitan county ceased to be a qualified
nonmetropolitan county during the period beginning 5 years
before and ending 2 years after the date on which--
``(aa) the President declared the major disaster; or
``(bb) the catastrophic incident occurred.
``(ii) Treatment.--A qualified disaster area shall only be
treated as a HUBZone--
``(I) in the case of a major disaster declared by the
President, during the 5-year period beginning on the date on
which the President declared the major disaster for the area
in which the census tract or nonmetropolitan county, as
applicable, is located; and
``(II) in the case of a catastrophic incident, during the
10-year period beginning on the date on which the
catastrophic incident occurred in the area in which the
census tract or nonmetropolitan county, as applicable, is
located.''; and
(2) in section 31(c)(3) (15 U.S.C. 657a(c)(3)), by
inserting ``the Administrator of the Federal Emergency
Management Agency,'' after ``the Secretary of Labor,''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170) or a
catastrophic incident that occurs on or after the date of
enactment of this Act.
SEC. 883. BASE CLOSURE HUBZONES.
(a) In General.--Section 3(p)(5)(A)(i)(I) of the Small
Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended--
(1) in item (aa), by striking ``or'' at the end;
(2) by redesignating item (bb) as item (cc); and
(3) by inserting after item (aa) the following:
``(bb) pursuant to subparagraph (A), (B), (C), (D), or (E)
of paragraph (3), that its principal office is located in a
HUBZone described in paragraph (1)(E) (relating to base
closure areas) (in this item referred to as the `base closure
HUBZone'), and that not fewer than 35 percent of its
employees reside in--
``(AA) a HUBZone;
``(BB) the census tract in which the base closure HUBZone
is wholly contained;
``(CC) a census tract the boundaries of which intersect the
boundaries of the base closure HUBZone; or
``(DD) a census tract the boundaries of which are
contiguous to a census tract described in subitem (BB) or
(CC); or''.
(b) Period for Base Closure Areas.--
(1) Amendments.--
(A) In general.--Section 152(a)(2) of title I of division K
of the Consolidated Appropriations Act, 2005 (15 U.S.C. 632
note) is amended by striking ``5 years'' and inserting ``8
years''.
(B) Conforming amendment.--Section 1698(b)(2) of National
Defense Authorization Act for Fiscal Year 2013 (15 U.S.C. 632
note) is amended by striking ``5 years'' and inserting ``8
years''.
(2) Effective date; applicability.--The amendments made by
paragraph (1) shall--
(A) take effect on the date of enactment of this Act; and
(B) apply to--
(i) a base closure area (as defined in section 3(p)(4)(D)
of the Small Business Act (15 U.S.C. 632(p)(4)(D))) that, on
the day before the date of enactment of this Act, is treated
as a HUBZone described in section 3(p)(1)(E) of the Small
Business Act (15 U.S.C. 632(p)(1)(E)) under--
(I) section 152(a)(2) of title I of division K of the
Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note);
or
(II) section 1698(b)(2) of National Defense Authorization
Act for Fiscal Year 2013 (15 U.S.C. 632 note); and
(ii) a base closure area relating to the closure of a
military instillation under the authority described in
clauses (i) through (iv) of section 3(p)(4)(D) of the Small
Business Act (15 U.S.C. 632(p)(4)(D)) that occurs on or after
the date of enactment of this Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. UPDATE OF STATUTORY SPECIFICATION OF FUNCTIONS OF
CHAIRMAN OF THE JOINT CHIEFS OF STAFF RELATING
TO ADVICE ON REQUIREMENTS, PROGRAMS, AND
BUDGET.
Section 153(a)(4) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(H) Advising the Secretary on development of joint
command, control, communications, and cyber capabilities,
including integration and interoperability of such
capabilities, through requirements, integrated architectures,
data standards, and assessments.''.
SEC. 902. REORGANIZATION AND REDESIGNATION OF OFFICE OF
FAMILY POLICY AND OFFICE OF COMMUNITY SUPPORT
FOR MILITARY FAMILIES WITH SPECIAL NEEDS.
(a) Office of Family Policy.--
(1) Redesignation as office of military family readiness
policy.--Section 1781(a) of title 10, United States Code, is
amended--
(A) by striking ``Office of Family Policy'' and inserting
``Office of Military Family Readiness Policy''; and
(B) by striking ``Director of Family Policy'' and inserting
``Director of Military Family Readiness Policy''.
(2) Requirement for director to be member of senior
executive service or general or flag officer.--Such section
is further amended by adding at the end the following new
sentence: ``The Director shall be a member of the Senior
Executive Service or a general officer or flag officer.''.
(3) Inclusion of director on military family readiness
council.--Subsection (b)(1)(E) of section 1781a of such title
is amended by striking ``Office of Community Support for
Military Families with Special Needs'' and inserting ``Office
of Military Family Readiness Policy''.
(4) Conforming amendment.--Section 131(b)(7)(F) of such
title is amended by striking ``Director of Family Policy''
and inserting ``Director of Military Family Readiness
Policy''.
(5) Heading and clerical amendments.--
(A) Section heading.--The heading of section 1781 of such
title is amended to read as follows:
[[Page S3515]]
``Sec. 1781. Office of Military Family Readiness Policy''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 88 of such title is amended by striking
the item relating to section 1781 and inserting the following
new item:
``1781. Office of Military Family Readiness Policy.''.
(b) Office of Community Support for Military Families With
Special Needs.--
(1) Redesignation as office of special needs.--Subsection
(a) of section 1781c of title 10, United States Code, is
amended by striking ``Office of Community Support for
Military Families with Special Needs'' and inserting ``Office
of Special Needs''.
(2) Reorganization under office of military family
readiness policy.--Such subsection is further amended by
striking ``Office of the Under Secretary of Defense for
Personnel and Readiness'' and inserting ``Office of Military
Family Readiness Policy''.
(3) Repeal of requirement for head of office to be member
of senior executive service or general or flag officer.--Such
section is further amended by striking subsection (c).
(4) Conforming amendments.--Such section is further
amended--
(A) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively;
(B) by striking ``subsection (e)'' each place it appears
and inserting ``subsection (d)'';
(C) in subsection (c), as so redesignated, by striking
``subsection (f)'' in paragraph (2) and inserting
``subsection (e)''; and
(D) in subsection (g), as so redesignated, by striking
``subsection (d)(4)'' in paragraph (2)(B) and inserting
``subsection (c)(4)''.
(5) Heading and clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1781c. Office of Special Needs''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 88 of such title is amended by striking
the item relating to section 1781c and inserting the
following new item:
``1781c. Office of Special Needs.''.
SEC. 903. REPEAL OF REQUIREMENT FOR ANNUAL DEPARTMENT OF
DEFENSE FUNDING FOR OCEAN RESEARCH ADVISORY
PANEL.
Section 7903 of title 10, United States Code, is amended by
striking subsection (c).
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2016 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. ANNUAL AUDIT OF FINANCIAL STATEMENTS OF DEPARTMENT
OF DEFENSE COMPONENTS BY INDEPENDENT EXTERNAL
AUDITORS.
(a) Audits Required.--For purposes of satisfying the
requirement under section 3521(e) of title 31, United States
Code, for audits of financial statements of Department of
Defense components identified by the Director of the Office
of Management and Budget under section 3515(c) of such title,
the Inspector General of the Department of Defense shall
obtain each year audits of the financial statements of each
such component by an independent external auditor.
(b) Inspector General Selection and Oversight.--The
Inspector General shall--
(1) select independent external auditors for purposes of
subsection (a) based, among other appropriate criteria, on
their qualifications, independence, and capacity to conduct
audits described in subsection (a) in accordance with
applicable generally accepted government auditing standards;
and
(2) shall monitor the conduct of such audits.
(c) Reports on Audits.--
(1) In general.--The Inspector General shall require the
independent external auditors conducting audits under
subsection (a) to submit a report on their audits each year
to the Secretary of Defense, the Controller of the Office of
Federal Financial Management in the Office of Management and
Budget, and the appropriate committees of Congress.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on
Appropriations of the House of Representatives.
(d) Relationship to Existing Law.--The requirements of this
section--
(1) shall be implemented in a manner that is consistent
with the requirements of section 1008 of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 2222 note);
(2) shall not be construed to alter the requirement under
section 3521(e) of title 31, United States Code, that the
financial statements of the Department of Defense as a whole
be audited by the Inspector General or by an independent
external auditor, as determined by the Inspector General; and
(3) shall not be construed to limit or alter the
authorities of the Comptroller General of the United States
under section 3521(g) of title 31, United States Code.
SEC. 1003. TREATMENT AS PART OF THE BASE BUDGET OF CERTAIN
AMOUNTS AUTHORIZED FOR OVERSEAS CONTINGENCY
OPERATIONS UPON ENACTMENT OF AN ACT REVISING
THE BUDGET CONTROL ACT DISCRETIONARY SPENDING
LIMITS FOR FISCAL YEAR 2016.
(a) In General.--In the event of the enactment of an Act
revising in proportionally equal amounts the defense and non-
defense discretionary spending limits for fiscal year 2016,
the amount authorized to be appropriated by title XV that is
in excess of the $50,900,000,000 that is authorized to be
appropriated by that title for revised security category
activities, and is also not greater than the amount of the
increase in the discretionary spending limit for revised
security category activities revised by that Act, shall be
deemed to have been authorized to be appropriated by title
III.
(b) Definitions.--In this section:
(1) The term ``Act revising the defense and non-defense
discretionary spending limits for fiscal year 2016'' means an
Act--
(A) enacted after the date of enactment of this Act; and
(B) that--
(i) increases in proportionally equal amounts the
discretionary spending limits for fiscal year 2016 for the
revised security category and the revised nonsecurity
category; and
(ii) may include increases to the discretionary spending
limits for fiscal years 2017 through 2021.
(2) The terms ``discretionary spending limit'', ``revised
nonsecurity category'', and ``revised security category''
have the meanings given such terms in section 250 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900).
SEC. 1004. SENSE OF SENATE ON SEQUESTRATION.
It is the sense of the Senate that--
(1) the nation's fiscal challenges are a top priority for
Congress, and sequestration--non-strategic, across-the-board
budget cuts--remains an unreasonable and inadequate budgeting
tool to address the nation's deficits and debt;
(2) sequestration relief must be accomplished for fiscal
years 2016 and 2017;
(3) sequestration relief should include equal defense and
non-defense relief; and
(4) sequestration relief should be offset through targeted
changes in mandatory and discretionary categories and
revenues.
Subtitle B--Counter-Drug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
(a) Extension of Authority.--Section 1021 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2042), as most recently
amended by section 1011(a) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), is further amended--
(1) In subsection (a), by striking ``2016'' and inserting
``2017''; and
(2) In subsection (c), by striking ``2016'' and inserting
``2017''.
(b) Extension of Annual Notice to Congress on Assistance.--
Section 1011(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 is amended by striking ``(as amended by subsection (a))
using funds available for fiscal year 2015'' and inserting
``using funds available for any fiscal year''.
[[Page S3516]]
SEC. 1012. EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
OF CERTAIN FOREIGN GOVERNMENTS.
(a) Extension.--Subsection (a)(2) of section 1033 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1881), as most recently amended
by section 1013 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 844), is
further amended by striking ``2016'' and inserting ``2017''.
(b) Maximum Amount of Support.--Subsection (e)(2) of such
section 1033, as so amended, is further amended by striking
``2016'' and inserting ``2017''.
(c) Additional Governments Eligible To Receive Support.--
Subsection (b) of such section 1033, as so amended, is
further amended by adding at the end of the following new
paragraphs:
``(40) Government of Kenya.
``(41) Government of Tanzania.
``(42) Government of Somalia.''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. STUDIES OF FLEET PLATFORM ARCHITECTURES FOR THE
NAVY.
(a) Independent Studies.--
(1) In general.--The Secretary of Defense shall provide for
the performance of three independent studies of alternative
future fleet platform architectures for the Navy in the 2030
timeframe.
(2) Submission to congress.--Not later than May 1, 2016,
the Secretary shall forward the results of each study to the
congressional defense committees.
(3) Form.--Each such study shall be submitted in
unclassified form, but may contain a classified annex as
necessary.
(b) Entities to Perform Studies.--The Secretary of Defense
shall provide for the studies under subsection (a) to be
performed as follows:
(1) One study shall be performed by the Department of the
Navy and shall include participants from--
(A) the Office of Net Assessment within the Office of the
Secretary of Defense; and
(B) the Naval Surface Warfare Center Dahlgren Division.
(2) The second study shall be performed by a federally
funded research and development center.
(3) The final study shall be conducted by an independent,
non-governmental institute which is described in section
501(c)(3) of the Internal Revenue Code of 1986, and exempt
from tax under section 501(a) of such Code, and has
recognized credentials and expertise in national security and
military affairs.
(c) Performance of Studies.--
(1) Independent performance.--The Secretary of Defense
shall require the three studies under this section to be
conducted independently of each other.
(2) Matters to be considered.--In performing a study under
this section, the organization performing the study, while
being aware of the current and projected fleet platform
architectures, shall not be limited by the current or
projected fleet platform architecture and shall consider the
following matters:
(A) The National Security Strategy of the United States.
(B) Potential future threats to the United States and to
United States naval forces in the 2030 timeframe.
(C) Traditional roles and missions of United States naval
forces.
(D) Alternative roles and missions for United States naval
forces.
(E) Other government and non-government analyses that would
contribute to the study through variations in study
assumptions or potential scenarios.
(F) The role of evolving technology on future naval forces,
including unmanned systems.
(G) Opportunities for reduced personnel and sustainment
costs.
(H) Current and projected capabilities of other United
States military services that could affect force structure
capability and capacity requirements of United States naval
forces.
(d) Study Results.--The results of each study under this
section shall--
(1) present the alternative fleet platform architectures
considered, with assumptions and possible scenarios
identified for each;
(2) provide for presentation of minority views of study
participants; and
(3) for the recommended architecture, provide--
(A) the numbers, kinds, and sizes of vessels, the numbers
and types of associated manned and unmanned vehicles, and the
basic capabilities of each of those platforms;
(B) other information needed to understand that
architecture in basic form and the supporting analysis;
(C) deviations from the current Annual Long-Range Plan for
Construction of Naval Vessels required under section 231 of
title 10, United States Code;
(D) options to address ship classes that begin
decommissioning prior to 2035; and
(E) implications for naval aviation, including the future
carrier air wing and land-based aviation platforms.
SEC. 1022. AMENDMENT TO NATIONAL SEA-BASED DETERRENCE FUND.
Section 1022(b)(1) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291) is amended by striking ``for the
Navy for the Ohio Replacement Program''.
SEC. 1023. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF
EXPENSES FOR CERTAIN NAVY MESS OPERATIONS
AFLOAT.
(a) Extension.--Subsection (b) of section 1014 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4585), as amended by
section 1021 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4348), is further amended by striking ``September
30, 2015'' and inserting ``September 30, 2020''.
(b) Technical and Clarifying Amendments.--Subsection (a) of
such section, as so amended, is further amended--
(1) in the matter preceding paragraph (1), by striking
``not more that'' and inserting ``not more than''; and
(2) in paragraph (2), by striking ``Naval vessels'' and
inserting ``such vessels''.
Subtitle D--Counterterrorism
SEC. 1031. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Prohibition.--No amounts authorized to be appropriated
by this Act or otherwise available for the Department of
Defense may be used, during the period beginning on the date
of the enactment of this Act and ending on the effective date
specified in section 1032(f), to construct or modify any
facility in the United States, its territories, or
possessions to house an individual detained at Guantanamo for
the purpose of detention or imprisonment in the custody or
control of the United States Government unless authorized by
Congress.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any modification of facilities at United States
Naval Station, Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the control of the Department
of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(d) Repeal of Superseded Prohibition.--Section 1033 of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 850), as amended by section
1032 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291), is repealed.
SEC. 1032. LIMITATION ON THE TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) In General.--Except as provided in subsection (b), no
amounts authorized to be appropriated by this Act or
otherwise available for the Department of Defense may be used
to transfer, release, or assist in the transfer or release to
or within the United States, its territories, or possessions
of Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
(b) Transfer for Detention and Trial.--The Secretary of
Defense may transfer a detainee described in subsection (a)
to the United States for detention pursuant to the
Authorization for Use of Military Force (Public Law 107-40),
trial, and incarceration if the Secretary--
(1) determines that the transfer is in the national
security interest of the United States;
(2) determines that appropriate actions have been taken, or
will be taken, to address any risk to public safety that
could arise in connection with detention and trial in the
United States; and
(3) notifies the appropriate committees of Congress not
later than 30 days before the date of the proposed transfer.
(c) Notification Elements.--A notification on a transfer
under subsection (b)(3) shall include the following:
(1) A statement of the basis for the determination that the
transfer is in the national security interest of the United
States.
(2) A description of the action the Secretary determines
have been taken, or will be taken, to address any risk to the
public safety that could arise in connection with the
detention and trial in the United States.
(d) Status While in the United States.--A detainee who is
transferred to the United States under this section--
(1) shall not be permitted to apply for asylum under
section 208 of the Immigration and Nationality Act (8 U.S.C.
1158) or be eligible to apply for admission into the United
States;
(2) shall be considered to be paroled into the United
States temporarily pursuant to section 212(d)(5)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A));
(3) shall not at any time be subject to, and may not apply
for or obtain, or be deemed to enjoy, any right, privilege,
status, benefit, or eligibility for any benefit under any
provision of the immigration laws (as defined in
[[Page S3517]]
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)), or any other law or regulation; and
(4) shall not, as a result of such transfer, have a change
in designation as an unprivileged enemy belligerent eligible
for detention pursuant to the Authorization for Use of
Military Force, as determined in accordance with applicable
law and regulations.
(e) Limitations on Judicial Review.--
(1) Limitations.--Except as provided for in paragraph (2),
no court, justice, or judge shall have jurisdiction to hear
or consider any action against the United States or its
agents relating to any aspect of the detention, transfer,
treatment, or conditions of confinement of a detainee
described in subsection (a) who is held by the Armed Forces
of the United States.
(2) Exception.--A detainee who is transferred to the United
States under this section shall not be deprived of the right
to challenge his designation as an unprivileged enemy
belligerent by filing a writ of habeas corpus as provided by
the Supreme Court in Hamdan v. Rumsfeld (548 U.S. 557 (2006))
and Boumediene v. Bush (553 U.S. 723 (2008)).
(3) No cause of action in decision not to transfer.--A
decision not to transfer a detainee to the United States
under this section shall not give rise to a judicial cause of
action.
(f) Effective Date.--Subsections (b), (c), (d), and (e)
shall take effect on the effective date of a joint resolution
approved pursuant to subsection (h) on the plan on the
disposition of detainees held at United States Naval Station,
Guantanamo Bay, Cuba, submitted pursuant to subsection (g).
(g) Plan for Disposition of Detainees.--
(1) Report on plan required.--The Secretary of Defense
shall submit to the appropriate committees of Congress a
report setting forth a comprehensive plan on the disposition
of detainees held at United States Naval Station, Guantanamo
Bay, Cuba.
(2) Elements.--The report required by paragraph (1) shall
contain the following:
(A) A case-by-case determination made for each individual
detained at Guantanamo of whether such individual is intended
to be transferred to a foreign country, transferred to the
United States for the purpose of civilian or military trial,
or transferred to the United States or another country for
continued detention under the law of armed conflict.
(B) The specific facility or facilities that are intended
to be used, or modified to be used, to hold individuals
inside the United States for the purpose of trial, for
detention in the aftermath of conviction, or for continued
detention under the law of armed conflict.
(C) The estimated costs associated with the detention
inside the United States of individuals detained at
Guantanamo.
(D) A description of the legal implications associated with
the detention inside the United States of an individual
detained at Guantanamo, including but not limited to the
right to challenge such detention as unlawful.
(E) A detailed description and assessment, made in
consultation with the Secretary of State and the Director of
National Intelligence, of the actions that would be taken
prior to the transfer to a foreign country of an individual
detained at Guantanamo that would substantially mitigate the
risk of such individual engaging or reengaging in any
terrorist or other hostile activity that threatens the United
States or United States person or interests.
(F) What additional authorities, if any, may be necessary
to detain an individual detained at Guantanamo inside the
United States as an unprivileged enemy belligerent pursuant
to the Authorization for Use of Military Force, pending the
end of hostilities or a future determination by the Secretary
of Defense that such individual no longer poses a threat to
the United States or United States persons or interests.
(G) A plan for the disposition of any individuals who are
detained by the United States under the law of armed conflict
after the date of the report, including a plan to detain and
interrogate such individuals for the purposes of--
(i) protecting the security of the United States, its
persons, allies, and interests; and
(ii) collecting intelligence necessary to ensure the
security of the United States, its person, allies, and
interests.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(h) Consideration by Congress of Secretary of Defense
Plan.--
(1) Terms of the resolution.--For purposes of this section
the term ``joint resolution'' means only a joint resolution
which is introduced within the 10-day period beginning on the
date on which the Secretary of Defense submits to Congress a
report under subsection (g) and--
(A) which does not have a preamble;
(B) the matter after the resolving clause of which is as
follows: ``That Congress approves the plan of the Secretary
of Defense on the disposition of detainees held at United
States Naval Station, Guantanamo Bay, Cuba, under section
1032(g) of the National Defense Authorization Act for Fiscal
Year 2016 as submitted by the Secretary of Defense to
Congress on ______