[113th Congress Public Law 291]
[From the U.S. Government Publishing Office]
CARL LEVIN AND HOWARD P. ``BUCK'' MCKEON NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2015
[[Page 128 STAT. 3292]]
Public Law 113-291
113th Congress
An Act
To authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <<NOTE: Dec. 19,
2014 - [H.R. 3979]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015.>>
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Carl Levin and
Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal
Year 2015''.
(b) Findings.--Congress makes the following findings:
(1)(A) Senator Carl Levin of Michigan was elected a member
of the United States Senate on November 7, 1978, for a full term
beginning January 3, 1979. He has served continuously in the
Senate since that date, and was appointed as a member of the
Committee on Armed Services in January 1979. He has served on
the Committee on Armed Services since that date, a period of
nearly 36 years.
(B) A graduate of Detroit Central High School, Senator Levin
went on to Swarthmore College, and graduated from Harvard Law
School in 1959, gaining admittance to the Michigan bar. He
served his State as assistant attorney general and general
counsel of the Michigan Civil Rights Commission from 1964-1967,
and later served his hometown of Detroit as a member of the
Detroit City Council from 1969-1973, and as the council's
president from 1974-1977.
(C) Senator Levin first served as chairman of the Committee
on Armed Services of the United States Senate for a period of
the 107th Congress, and has remained chairman since the 110th
Congress began in 2007. He has exercised extraordinary
leadership as either the chairman or ranking minority member of
the committee since the start of the 105th Congress in 1997.
(D) Each year, for the past 52 years, the Committee on Armed
Services has reliably passed an annual defense authorization
act, and this will be the 36th that Senator Levin has had a role
in. In his capacity as member, ranking member, and chairman, he
has been an advocate for a strong national defense, and has made
lasting contributions to the security of our Nation.
(E) It is altogether fitting and proper that this Act, the
last annual authorization act for the national defense that
Senator Levin manages in and for the United States Senate
[[Page 128 STAT. 3293]]
as chairman of the Committee on Armed Services, be named in his
honor, as provided in subsection (a).
(2)(A) Representative Howard P. ``Buck'' McKeon was elected
to the House of Representatives in 1992 to represent
California's 25th Congressional District.
(B) Chairman McKeon was born in Los Angeles and grew up in
Tujunga CA. He served a two and a half year mission for the
Church of Jesus Christ of Latter-Day Saints and attended Brigham
Young University. Prior to his election to Congress, he was a
small business owner, and served both on the William S. Hart
Union High School District Board of Trustees and as the first
mayor of the City of Santa Clarita.
(C) In the 111th Congress, Chairman McKeon was selected by
his peers as the Ranking Member of the House Armed Services
Committee and has served as Chairman since in the 112th and
113th Congresses. Previously Chairman McKeon had served as the
Chairman of the House Committee on Education and the Workforce.
(D) Chairman McKeon is a champion of a strong national
defense, the men and women of America's Armed Forces and their
families, and returning fiscal discipline to the Department of
Defense. His priority has been to ensure our troops deployed
around the world have the equipment, resources, authorities,
training and time they need to successfully complete their
missions and return home.
(E) For 52 consecutive years, the House Armed Services
Committee, in a bipartisan, bicameral tradition, has passed and
enacted an annual defense authorization act. Chairman McKeon had
said it has been the privilege of his life to shepherd that
tradition under his tenure.
(F) It is therefore fitting this Act, the last national
defense authorization act of his tenure, be named in Chairman
McKeon's honor, as provided in subsection (a).
(c) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2015'' shall be
deemed to refer to the ``Carl Levin and Howard P. `Buck' McKeon National
Defense Authorization Act for Fiscal Year 2015''.
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 and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of Appropriations.
[[Page 128 STAT. 3294]]
Subtitle B--Army Programs
Sec. 111. Plan on modernization of UH-60A aircraft of Army National
Guard.
Subtitle C--Navy Programs
Sec. 121. Construction of San Antonio class amphibious ship.
Sec. 122. Limitation on availability of funds for mission modules for
Littoral Combat Ship.
Sec. 123. Extension of limitation on availability of funds for Littoral
Combat Ship.
Sec. 124. Report on test evaluation master plan for Littoral Combat Ship
seaframes and mission modules.
Sec. 125. Airborne electronic attack capabilities.
Subtitle D--Air Force Programs
Sec. 131. Prohibition on availability of funds for retirement of MQ-1
Predator aircraft.
Sec. 132. Prohibition on availability of funds for retirement of U-2
aircraft.
Sec. 133. Prohibition on availability of funds for retirement of A-10
aircraft.
Sec. 134. Prohibition on cancellation or modification of avionics
modernization program for C-130 aircraft.
Sec. 135. Limitation on availability of funds for retirement of Air
Force aircraft.
Sec. 136. Limitation on availability of funds for retirement of E-3
airborne warning and control system aircraft.
Sec. 137. Limitation on availability of funds for divestment or transfer
of KC-10 aircraft.
Sec. 138. Limitation on availability of funds for transfer of Air Force
C-130H and C-130J aircraft.
Sec. 139. Limitation on availability of funds for transfer of Air Force
KC-135 tankers.
Sec. 140. Report on C-130 aircraft.
Sec. 141. Report on status of F-16 aircraft.
Sec. 142. Report on options to modernize or replace T-1A aircraft.
Sec. 143. Report on status of air-launched cruise missile capabilities.
Subtitle E--Defense-Wide, Joint, and Multiservice Matters
Sec. 151. Additional oversight requirements for the undersea mobility
acquisition program of the United States Special Operations
Command.
Sec. 152. Plan for modernization or replacement of digital avionic
equipment.
Sec. 153. Comptroller General report on F-35 aircraft acquisition
program.
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. Modification of authority for prizes for advanced technology
achievements.
Sec. 212. Modification of Manufacturing Technology Program.
Sec. 213. Revision of requirement for acquisition programs to maintain
defense research facility records.
Sec. 214. Treatment by Department of Defense Test Resource Management
Center of significant modifications to test and evaluation
facilities and resources.
Sec. 215. Revision to the service requirement under the Science,
Mathematics, and Research for Transformation Defense
Education Program.
Sec. 216. Limitation on availability of funds for armored multi-purpose
vehicle program.
Sec. 217. Limitation on availability of funds for unmanned carrier-
launched airborne surveillance and strike system.
Sec. 218. Limitation on availability of funds for airborne
reconnaissance systems.
Sec. 219. Limitation on availability of funds for retirement of Joint
Surveillance and Target Attack Radar Systems aircraft.
Subtitle C--Reports
Sec. 221. Reduction in frequency of reporting by Deputy Assistant
Secretary of Defense for Systems Engineering.
Sec. 222. Independent assessment of interagency biodefense research and
development.
Sec. 223. Briefing on modeling and simulation technological and
industrial base in support of requirements of Department of
Defense.
[[Page 128 STAT. 3295]]
Subtitle D--Other Matters
Sec. 231. Modification to requirement for contractor cost sharing in
pilot program to include technology protection features
during research and development of certain defense systems.
Sec. 232. Pilot program on assignment to Defense Advanced Research
Projects Agency of private sector personnel with critical
research and development expertise.
Sec. 233. Pilot program on enhancement of preparation of dependents of
members of Armed Forces for careers in science, technology,
engineering, and mathematics.
Sec. 234. Sense of Congress on helicopter health and usage monitoring
system of the Army.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Elimination of fiscal year limitation on prohibition of
payment of fines and penalties from the Environmental
Restoration Account, Defense.
Sec. 312. Method of funding for cooperative agreements under the Sikes
Act.
Sec. 313. Report on prohibition of disposal of waste in open-air burn
pits.
Sec. 314. Business case analysis of any plan to design, refurbish, or
construct a biofuel refinery.
Sec. 315. Environmental restoration at former Naval Air Station
Chincoteague, Virginia.
Sec. 316. Limitation on availability of funds for procurement of drop-in
fuels.
Sec. 317. Decontamination of a portion of former bombardment area on
island of Culebra, Puerto Rico.
Sec. 318. Alternative fuel automobiles.
Subtitle C--Logistics and Sustainment
Sec. 321. Modification of quarterly readiness reporting requirement.
Sec. 322. Additional requirement for strategic policy on prepositioning
of materiel and equipment.
Sec. 323. Elimination of authority of Secretary of the Army to abolish
arsenals.
Sec. 324. Modification of annual reporting requirement related to
prepositioning of materiel and equipment.
Subtitle D--Reports
Sec. 331. Repeal of annual report on Department of Defense operation and
financial support for military museums.
Sec. 332. Army assessment of regionally aligned forces.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Limitation on authority to enter into a contract for the
sustainment, maintenance, repair, or overhaul of the F117
engine.
Sec. 342. Limitation on establishment of regional Special Operations
Forces Coordination Centers.
Sec. 343. Limitation on transfer of MC-12 aircraft to United States
Special Operations Command.
Subtitle F--Other Matters
Sec. 351. Clarification of authority relating to provision of
installation-support services through intergovernmental
support agreements.
Sec. 352. Management of conventional ammunition inventory.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2015 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
[[Page 128 STAT. 3296]]
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority to limit consideration for early retirement by
selective retirement boards to particular warrant officer
year groups and specialties.
Sec. 502. Authority for three-month deferral of retirement for officers
selected for selective early retirement.
Sec. 503. Repeal of limits on percentage of officers who may be
recommended for discharge during a fiscal year under enhanced
selective discharge authority.
Sec. 504. Reports on number and assignment of enlisted aides for
officers of the Army, Navy, Air Force, and Marine Corps.
Sec. 505. Repeal of requirement for submission to Congress of annual
reports on joint officer management and promotion policy
objectives for joint officers.
Sec. 506. Options for Phase II of joint professional military education.
Sec. 507. Elimination of requirement that a qualified aviator or naval
flight officer be in command of an inactivated nuclear-
powered aircraft carrier before decommissioning.
Sec. 508. Required consideration of certain elements of command climate
in performance appraisals of commanding officers.
Subtitle B--Reserve Component Management
Sec. 511. Retention on the reserve active-status list following
nonselection for promotion of certain health professions
officers and first lieutenants and lieutenants (junior grade)
pursuing baccalaureate degrees.
Sec. 512. Consultation with Chief of the National Guard Bureau in
selection of Directors and Deputy Directors, Army National
Guard and Air National Guard.
Sec. 513. Centralized database of information on military technician
positions.
Sec. 514. Report on management of personnel records of members of the
National Guard.
Subtitle C--General Service Authorities
Sec. 521. Enhancement of participation of mental health professionals in
boards for correction of military records and boards for
review of discharge or dismissal of members of the Armed
Forces.
Sec. 522. Extension of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 523. Provision of information to members of the Armed Forces on
privacy rights relating to receipt of mental health services.
Sec. 524. Removal of artificial barriers to the service of women in the
Armed Forces.
Subtitle D--Military Justice, Including Sexual Assault and Domestic
Violence Prevention and Response
Sec. 531. Technical revisions and clarifications of certain provisions
in the National Defense Authorization Act for Fiscal Year
2014 relating to the military justice system.
Sec. 532. Ordering of depositions under the Uniform Code of Military
Justice.
Sec. 533. Access to Special Victims' Counsel.
Sec. 534. Enhancement of victims' rights in connection with prosecution
of certain sex-related offenses.
Sec. 535. Enforcement of crime victims' rights related to protections
afforded by certain Military Rules of Evidence.
Sec. 536. Modification of Military Rules of Evidence relating to
admissibility of general military character toward
probability of innocence.
Sec. 537. Modification of Rule 513 of the Military Rules of Evidence,
relating to the privilege against disclosure of
communications between psychotherapists and patients.
Sec. 538. Modification of Department of Defense policy on retention of
evidence in a sexual assault case to permit return of
personal property upon completion of related proceedings.
Sec. 539. Requirements relating to Sexual Assault Forensic Examiners for
the Armed Forces.
Sec. 540. Modification of term of judges of the United States Court of
Appeals for the Armed Forces.
[[Page 128 STAT. 3297]]
Sec. 541. Review of decisions not to refer charges of certain sex-
related offenses for trial by court-martial if requested by
chief prosecutor.
Sec. 542. Analysis and assessment of disposition of most serious
offenses identified in unrestricted reports on sexual
assaults in annual reports on sexual assaults in the Armed
Forces.
Sec. 543. Plan for limited use of certain information on sexual assaults
in restricted reports by military criminal investigative
organizations.
Sec. 544. Improved Department of Defense information reporting and
collection of domestic violence incidents involving members
of the Armed Forces.
Sec. 545. Additional duties for judicial proceedings panel.
Sec. 546. Defense Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces.
Sec. 547. Confidential review of characterization of terms of discharge
of members of the Armed Forces who are victims of sexual
offenses.
Subtitle E--Member Education, Training, and Transition
Sec. 551. Enhancement of authority to assist members of the Armed Forces
to obtain professional credentials.
Sec. 552. Applicability of sexual assault prevention and response and
related military justice enhancements to military service
academies.
Sec. 553. Authorized duration of foreign and cultural exchange
activities at military service academies.
Sec. 554. Enhancement of authority to accept support for Air Force
Academy athletic programs.
Sec. 555. Pilot program to assist members of the Armed Forces in
obtaining post-service employment.
Sec. 556. Plan for education of members of Armed Forces on cyber
matters.
Sec. 557. Enhancement of information provided to members of the Armed
Forces and veterans regarding use of Post-9/11 Educational
Assistance and Federal financial aid through Transition
Assistance Program.
Sec. 558. Procedures for provision of certain information to State
veterans agencies to facilitate the transition of members of
the Armed Forces from military service to civilian life.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
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. Amendments to the Impact Aid Improvement Act of 2012.
Sec. 564. Authority to employ non-United States citizens as teachers in
Department of Defense overseas dependents' school system.
Sec. 565. Inclusion of domestic dependent elementary and secondary
schools among functions of Advisory Council on Dependents'
Education.
Sec. 566. Protection of child custody arrangements for parents who are
members of the Armed Forces.
Sec. 567. Improved consistency in data collection and reporting in Armed
Forces suicide prevention efforts.
Sec. 568. Improved data collection related to efforts to reduce
underemployment of spouses of members of the Armed Forces and
close the wage gap between military spouses and their
civilian counterparts.
Subtitle G--Decorations and Awards
Sec. 571. Medals for members of the Armed Forces and civilian employees
of the Department of Defense who were killed or wounded in an
attack by a foreign terrorist organization.
Sec. 572. Authorization for award of the Medal of Honor to members of
the Armed Forces for acts of valor during World War I.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 581. Review and report on military programs and controls regarding
professionalism.
Sec. 582. Review and report on prevention of suicide among members of
United States Special Operations Forces.
Sec. 583. Review and report on provision of job placement assistance and
related employment services directly to members of the
reserve components.
Sec. 584. Report on foreign language, regional expertise, and culture
considerations in overseas military operations.
Sec. 585. Deadline for submission of report containing results of review
of Office of Diversity Management and Equal Opportunity role
in sexual harassment cases.
[[Page 128 STAT. 3298]]
Sec. 586. Independent assessment of risk and resiliency of United States
Special Operations Forces and effectiveness of the
Preservation of the Force and Families and Human Performance
Programs.
Sec. 587. Comptroller General report on hazing in the Armed Forces.
Sec. 588. Comptroller General report on impact of certain mental and
physical trauma on discharges from military service for
misconduct.
Subtitle I--Other Matters
Sec. 591. Inspection of outpatient residential facilities occupied by
recovering service members.
Sec. 592. Designation of voter assistance offices.
Sec. 593. Repeal of electronic voting demonstration project.
Sec. 594. Authority for removal from national cemeteries of remains of
certain deceased members of the Armed Forces who have no
known next of kin.
Sec. 595. Sense of Congress regarding leaving no member of the Armed
Forces unaccounted for during the drawdown of United States
forces in Afghanistan.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. No fiscal year 2015 increase in basic pay for general and flag
officers.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 603. Inclusion of Chief of the National Guard Bureau and Senior
Enlisted Advisor to the Chief of the National Guard Bureau
among senior members of the Armed Forces for purposes of pay
and allowances.
Sec. 604. Modification of computation of basic allowance for housing
inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Earlier determination of dependent status with respect to
transitional compensation for dependents of certain members
separated for dependent abuse.
Sec. 622. Modification of determination of retired pay base for officers
retired in general and flag officer grades.
Sec. 623. Inapplicability of reduced annual adjustment of retired pay
for members of the Armed Forces under the age of 62 under the
Bipartisan Budget Act of 2013 who first become members prior
to January 1, 2016.
Sec. 624. Survivor Benefit Plan annuities for special needs trusts
established for the benefit of dependent children incapable
of self-support.
Sec. 625. Modification of per-fiscal year calculation of days of certain
active duty or active service to reduce eligibility age for
retirement for non-regular service.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 631. Procurement of brand-name and other commercial items for
resale by commissary stores.
Sec. 632. Authority of nonappropriated fund instrumentalities to enter
into contracts with other Federal agencies and
instrumentalities to provide and obtain certain goods and
services.
Sec. 633. Competitive pricing of legal consumer tobacco products sold in
Department of Defense retail stores.
Sec. 634. Review of management, food, and pricing options for defense
commissary system.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Mental health assessments for members of the Armed Forces.
[[Page 128 STAT. 3299]]
Sec. 702. Modifications of cost-sharing and other requirements for the
TRICARE Pharmacy Benefits Program.
Sec. 703. Elimination of inpatient day limits and other limits in
provision of mental health services.
Sec. 704. Authority for provisional TRICARE coverage for emerging health
care services and supplies.
Sec. 705. Clarification of provision of food to former members and
dependents not receiving inpatient care in military medical
treatment facilities.
Sec. 706. Availability of breastfeeding support, supplies, and
counseling under the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Provision of notice of change to TRICARE benefits.
Sec. 712. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 713. Review of military health system modernization study.
Subtitle C--Reports and Other Matters
Sec. 721. Designation and responsibilities of senior medical advisor for
Armed Forces Retirement Home.
Sec. 722. Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 723. Report on status of reductions in TRICARE Prime service areas.
Sec. 724. Extension of authority to provide rehabilitation and
vocational benefits to members of the Armed Forces with
severe injuries or illnesses.
Sec. 725. Acquisition strategy for health care professional staffing
services.
Sec. 726. Pilot program on medication therapy management under TRICARE
program.
Sec. 727. Antimicrobial stewardship program at medical facilities of the
Department of Defense.
Sec. 728. Report on improvements in the identification and treatment of
mental health conditions and traumatic brain injury among
members of the Armed Forces.
Sec. 729. Report on efforts to treat infertility of military families.
Sec. 730. Report on implementation of recommendations of Institute of
Medicine on improvements to certain resilience and prevention
programs of the Department of Defense.
Sec. 731. Comptroller General report on transition of care for post-
traumatic stress disorder or traumatic brain injury.
Sec. 732. Comptroller General report on mental health stigma reduction
efforts in the Department of Defense.
Sec. 733. Comptroller General report on women's health care services for
members of the Armed Forces and other covered beneficiaries.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Modular open systems approaches in acquisition programs.
Sec. 802. Recharacterization of changes to Major Automated Information
System programs.
Sec. 803. Amendments relating to defense business systems.
Sec. 804. Report on implementation of acquisition process for
information technology systems.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Extension and modification of contract authority for advanced
component development and prototype units.
Sec. 812. Amendments relating to authority of the Defense Advanced
Research Projects Agency to carry out certain prototype
projects.
Sec. 813. Extension of limitation on aggregate annual amount available
for contract services.
Sec. 814. Improvement in defense design-build construction process.
Sec. 815. Permanent authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 816. Restatement and revision of requirements applicable to
multiyear defense acquisitions to be specifically authorized
by law.
Sec. 817. Sourcing requirements related to avoiding counterfeit
electronic parts.
Sec. 818. Amendments to Proof of Concept Commercialization Pilot
Program.
[[Page 128 STAT. 3300]]
Subtitle C--Industrial Base Matters
Sec. 821. Temporary extension of and amendments to test program for
negotiation of comprehensive small business subcontracting
plans.
Sec. 822. Plan for improving data on bundled or consolidated contracts.
Sec. 823. Authority to provide education to small businesses on certain
requirements of Arms Export Control Act.
Sec. 824. Matters relating to reverse auctions.
Sec. 825. Sole source contracts for small business concerns owned and
controlled by women.
Subtitle D--Federal Information Technology Acquisition Reform
Sec. 831. Chief Information Officer authority enhancements.
Sec. 832. Enhanced transparency and improved risk management in
information technology investments.
Sec. 833. Portfolio review.
Sec. 834. Federal data center consolidation initiative.
Sec. 835. Expansion of training and use of information technology
cadres.
Sec. 836. Maximizing the benefit of the Federal strategic sourcing
initiative.
Sec. 837. Governmentwide software purchasing program.
Subtitle E--Never Contract With the Enemy
Sec. 841. Prohibition on providing funds to the enemy.
Sec. 842. Additional access to records.
Sec. 843. Definitions.
Subtitle F--Other Matters
Sec. 851. Rapid acquisition and deployment procedures for United States
Special Operations Command.
Sec. 852. Consideration of corrosion control in preliminary design
review.
Sec. 853. Program manager development report.
Sec. 854. Operational metrics for Joint Information Environment and
supporting activities.
Sec. 855. Compliance with requirements for senior Department of Defense
officials seeking employment with defense contractors.
Sec. 856. Enhancement of whistleblower protection for employees of
grantees.
Sec. 857. Prohibition on reimbursement of contractors for congressional
investigations and inquiries.
Sec. 858. Requirement to provide photovoltaic devices from United States
sources.
Sec. 859. Reimbursement of Department of Defense for assistance provided
to nongovernmental entertainment-oriented media producers.
Sec. 860. Three-year extension of authority for Joint Urgent Operational
Needs Fund.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of the Office of the Secretary of Defense and
Related Matters.
Sec. 902. Assistant Secretary of Defense for Manpower and Reserve
Affairs.
Sec. 903. Requirement for assessment of options to modify the number of
combatant commands.
Sec. 904. Office of Net Assessment.
Sec. 905. Periodic review of Department of Defense management
headquarters.
Subtitle B--Other Matters
Sec. 911. Modifications of biennial strategic workforce plan relating to
senior management, functional, and technical workforces of
the Department of Defense.
Sec. 912. Repeal of extension of Comptroller General report on
inventory.
Sec. 913. Extension of authority to waive reimbursement of costs of
activities for nongovernmental personnel at Department of
Defense regional centers for security studies.
Sec. 914. Pilot program to establish Government lodging program.
Sec. 915. Single standard mileage reimbursement rate for privately owned
automobiles of Government employees and members of the
uniformed services.
Sec. 916. Modifications to requirements for accounting for members of
the Armed Forces and Department of Defense civilian employees
listed as missing.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
[[Page 128 STAT. 3301]]
Sec. 1002. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization and
naval reactors.
Sec. 1003. Reporting of balances carried forward by the Department of
Defense at the end of each fiscal year.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Extension and modification of authority of Department of
Defense to provide support for counterdrug activities of
other governmental agencies.
Sec. 1013. Availability of funds for additional support for counterdrug
activities of certain foreign governments.
Sec. 1014. Extension and modification of authority for joint task forces
supporting law enforcement agencies conducting activities to
counter transnational organized crime to support law
enforcement agencies conducting counter-terrorism activities.
Sec. 1015. Sense of Congress regarding security in the Western
Hemisphere.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Definition of combatant and support vessel for purposes of
the annual plan and certification relating to budgeting for
construction of naval vessels.
Sec. 1022. National Sea-Based Deterrence Fund.
Sec. 1023. Limitation on use of funds for inactivation of U.S.S. George
Washington.
Sec. 1024. Sense of Congress recognizing the anniversary of the sinking
of U.S.S. Thresher.
Sec. 1025. Pilot program for sustainment of Littoral Combat Ships on
extended deployments.
Sec. 1026. Availability of funds for retirement or inactivation of
Ticonderoga class cruisers or dock landing ships.
Subtitle D--Counterterrorism
Sec. 1031. Extension of authority to make rewards for combating
terrorism.
Sec. 1032. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Modification of Department of Defense authority for
humanitarian demining assistance and stockpiled conventional
munitions assistance programs.
Sec. 1042. Airlift service.
Sec. 1043. Authority to accept certain voluntary legal support services.
Sec. 1044. Expansion of authority for Secretary of Defense to use the
Department of Defense reimbursement rate for transportation
services provided to certain non-Department of Defense
entities.
Sec. 1045. Repeal of authority relating to use of military installations
by Civil Reserve Air Fleet contractors.
Sec. 1046. Inclusion of Chief of the National Guard Bureau among
leadership of the Department of Defense provided physical
protection and personal security.
Sec. 1047. Inclusion of regional organizations in authority for
assignment of civilian employees of the Department of Defense
as advisors to foreign ministries of defense.
Sec. 1048. Report and limitation on availability of funds for aviation
foreign internal defense program.
Sec. 1049. Modifications to OH-58D Kiowa Warrior aircraft.
Subtitle F--Studies and Reports
Sec. 1051. Protection of top-tier defense-critical infrastructure from
electromagnetic pulse.
Sec. 1052. Response of the Department of Defense to compromises of
classified information.
Sec. 1053. Study on joint analytic capability of the Department of
Defense.
Sec. 1054. Business case analysis of the creation of an active duty
association for the 168th Air Refueling Wing.
Sec. 1055. Reports on recommendations of the National Commission on the
Structure of the Air Force.
[[Page 128 STAT. 3302]]
Sec. 1056. Report on protection of military installations.
Sec. 1057. Comptroller General briefing and report on Army and Army
National Guard force structure changes.
Sec. 1058. Improving analytic support to systems acquisition and
allocation of acquisition, intelligence, surveillance and
reconnaissance assets.
Sec. 1059. Review of United States military strategy and the force
posture of allies and partners in the United States Pacific
Command area of responsibility.
Sec. 1060. Repeal of certain reporting requirements relating to the
Department of Defense.
Sec. 1061. Repeal of requirement for Comptroller General of the United
States annual reviews and report on pilot program on
commercial fee-for-service air refueling support for the Air
Force.
Sec. 1062. Report on additional matters in connection with report on the
force structure of the United States Army.
Sec. 1063. Certification for realignment of forces at Lajes Air Force
Base, Azores.
Subtitle G--Other Matters
Sec. 1071. Technical and clerical amendments.
Sec. 1072. Reform of quadrennial defense review.
Sec. 1073. Biennial surveys of Department of Defense civilian employees
on workplace and gender relations matters.
Sec. 1074. Revision to statute of limitations for aviation insurance
claims.
Sec. 1075. Pilot program for the Human Terrain System.
Sec. 1076. Clarification of policies on management of special use
airspace of Department of Defense.
Sec. 1077. Department of Defense policies on community involvement in
Department community outreach events.
Sec. 1078. Notification of foreign threats to information technology
systems impacting national security.
Sec. 1079. Pilot program to rehabilitate and modify homes of disabled
and low-income veterans.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1102. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Sec. 1103. Revision to list of science and technology reinvention
laboratories.
Sec. 1104. Extension and modification of experimental program for
scientific and technical personnel.
Sec. 1105. Temporary authorities for certain positions at Department of
Defense research and engineering facilities.
Sec. 1106. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear
aircraft carrier forward deployed in Japan.
Sec. 1107. Extension of part-time reemployment authority.
Sec. 1108. Personnel authorities for civilian personnel for the United
States Cyber Command and the cyber component headquarters of
the military departments.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of Global Security Contingency
Fund.
Sec. 1202. Notice to Congress on certain assistance under authority to
conduct activities to enhance the capability of foreign
countries to respond to incidents involving weapons of mass
destruction.
Sec. 1203. Enhanced authority for provision of support to foreign
military liaison officers of foreign countries while assigned
to the Department of Defense.
Sec. 1204. Prohibition on use of funds for assistance to units of
foreign security forces that have committed a gross violation
of human rights.
Sec. 1205. Codification and enhancement of authority to build the
capacity of foreign security forces.
Sec. 1206. Training of security forces and associated security
ministries of foreign countries to promote respect for the
rule of law and human rights.
Sec. 1207. Cross servicing agreements for loan of personnel protection
and personnel survivability equipment in coalition
operations.
Sec. 1208. Extension and modification of authority for support of
special operations to combat terrorism.
[[Page 128 STAT. 3303]]
Sec. 1209. Authority to provide assistance to the vetted Syrian
opposition.
Sec. 1210. Provision of logistic support for the conveyance of certain
defense articles to foreign forces training with the United
States Armed Forces.
Sec. 1211. Biennial report on programs carried out by the Department of
Defense to provide training, equipment, or other assistance
or reimbursement to foreign security forces.
Subtitle B--Matters Relating to Afghanistan, Pakistan, and Iraq
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1223. One-year extension of logistical support for coalition forces
supporting certain United States military operations.
Sec. 1224. United States plan for sustaining the Afghanistan National
Security Forces through the end of fiscal year 2017.
Sec. 1225. Semiannual report on enhancing security and stability in
Afghanistan.
Sec. 1226. Sense of Congress on stability and sovereignty of
Afghanistan.
Sec. 1227. Extension of Afghan Special Immigrant Program.
Sec. 1228. Independent assessment of United States efforts against al-
Qaeda.
Sec. 1229. Sense of Congress on security of Afghan women.
Sec. 1230. Review process for use of United States funds for
construction projects in Afghanistan that cannot be
physically accessed by United States Government personnel.
Sec. 1231. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1232. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1233. Clearance of unexploded ordnance on former United States
training ranges in Afghanistan.
Sec. 1234. Report on impact of end of major combat operations in
Afghanistan on authority to use military force.
Sec. 1235. Report on bilateral security cooperation with Pakistan.
Sec. 1236. Authority to provide assistance to counter the Islamic State
in Iraq and the Levant.
Sec. 1237. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Subtitle C--Matters Relating to the Russian Federation
Sec. 1241. Limitation on military cooperation between the United States
and the Russian Federation.
Sec. 1242. Notification and assessment of proposal to modify or
introduce new aircraft or sensors for flight by the Russian
Federation under Open Skies Treaty.
Sec. 1243. Limitations on providing certain missile defense information
to the Russian Federation.
Sec. 1244. Report on non-compliance by the Russian Federation with its
obligations under the INF Treaty.
Sec. 1245. Annual report on military and security developments involving
the Russian Federation.
Sec. 1246. Prohibition on use of funds to enter into contracts or other
agreements with Rosoboronexport.
Sec. 1247. Report on the New START Treaty.
Subtitle D--Matters Relating to the Asia-Pacific Region
Sec. 1251. Strategy to prioritize United States defense interests in the
Asia-Pacific region.
Sec. 1252. Modifications to annual report on military and security
developments involving the People's Republic of China.
Sec. 1253. Military-to-military engagement with the Government of Burma.
Sec. 1254. Report on Department of Defense munitions strategy of the
United States Pacific Command.
Sec. 1255. Missile defense cooperation in Northeast Asia.
Sec. 1256. Sense of Congress and report on Taiwan and its contribution
to regional peace and stability.
Sec. 1257. Independent assessment of the ability of the Department of
Defense to counter anti-access and area-denial strategies,
capabilities, and other key technologies of potential
adversaries.
Sec. 1258. Sense of Congress reaffirming security cooperation with Japan
and the Republic of Korea.
Sec. 1259. Report on maritime security strategy in the Asia-Pacific
region.
[[Page 128 STAT. 3304]]
Sec. 1259A. Sense of Congress on Taiwan maritime capabilities and
exercise participation.
Sec. 1259B. Modification of matters for discussion in annual reports of
United States-China Economic and Security Review Commission.
Subtitle E--Other Matters
Sec. 1261. One-year extension of authorization for non-conventional
assisted recovery capabilities.
Sec. 1262. Modification of national security planning guidance to deny
safe havens to al-Qaeda and its violent extremist affiliates.
Sec. 1263. Enhanced authority to acquire goods and services of Djibouti
in support of Department of Defense activities in United
States Africa Command area of responsibility.
Sec. 1264. Treatment of the Kurdistan Democratic Party and the Patriotic
Union of Kurdistan under the Immigration and Nationality Act.
Sec. 1265. Prohibition on integration of missile defense systems of
China into missile defense systems of United States and sense
of Congress concerning integration of missile defense systems
of Russia into missile defense systems of NATO.
Sec. 1266. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1267. Notification and review of potentially significant arms
control noncompliance.
Sec. 1268. Inter-European Air Forces Academy.
Sec. 1269. Department of Defense support to security of United States
diplomatic facilities.
Sec. 1270. Information on sanctioned persons and businesses through the
Federal Awardee Performance and Integrity Information System.
Sec. 1271. Reports on nuclear program of Iran.
Sec. 1272. Sense of Congress on defense modernization by NATO countries.
Sec. 1273. Report on protection of cultural property in event of armed
conflict.
Sec. 1274. United States strategy and plans for enhancing security and
stability in Europe.
Sec. 1275. Report on military assistance to Ukraine.
Sec. 1276. Sense of Congress on efforts to remove Joseph Kony from the
battlefield and end the atrocities of the Lord's Resistance
Army.
Sec. 1277. Extension of annual reports on the military power of Iran.
Sec. 1278. Report and strategy regarding North Africa, West Africa, and
the Sahel.
Sec. 1279. Rule of construction.
Sec. 1280. Approval of the Amendment to the Agreement Between the
Government of the United States of America and the Government
of the United Kingdom of Great Britain and Northern Ireland
for Cooperation on the Uses of Atomic Energy for Mutual
Defense Purposes.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Subtitle A--Funds
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
Subtitle B--Consolidation and Modernization of Statutes Relating to the
Department of Defense Cooperative Threat Reduction Program
Sec. 1311. Short title.
Sec. 1312. Definitions.
Part I--Program Authorities
Sec. 1321. Authority to carry out Department of Defense Cooperative
Threat Reduction Program.
Sec. 1322. Use of funds for certain emergent threats or opportunities.
Sec. 1323. Authority for urgent threat reduction activities under
Department of Defense Cooperative Threat Reduction Program.
Sec. 1324. Use of funds for unspecified purposes or for increased
amounts.
Sec. 1325. Use of contributions to Department of Defense Cooperative
Threat Reduction Program.
Part II--Restrictions and Limitations
Sec. 1331. Prohibition on use of funds for specified purposes.
Sec. 1332. Requirement for on-Site managers.
Sec. 1333. Limitation on use of funds until certain permits obtained.
Sec. 1334. Limitation on availability of funds for Cooperative Threat
Reduction activities with Russian Federation.
[[Page 128 STAT. 3305]]
Part III--Recurring Certifications and Reports
Sec. 1341. Annual certifications on use of facilities being constructed
for Department of Defense Cooperative Threat Reduction
projects or activities.
Sec. 1342. Requirement to submit summary of amounts requested by project
category.
Sec. 1343. Reports on activities and assistance under Department of
Defense Cooperative Threat Reduction Program.
Sec. 1344. Metrics for Department of Defense Cooperative Threat
Reduction Program.
Part IV--Repeals and Transition Provisions
Sec. 1351. Repeals.
Sec. 1352. Transition provisions.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--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 Federal Health
Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Comptroller General of the United States report on Captain
James A. Lovell Federal Health Care Center, North Chicago,
Illinois.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health program.
Sec. 1510. Counterterrorism Partnerships Fund.
Sec. 1511. European Reassurance Initiative.
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 Infrastructure Fund.
Sec. 1532. Afghanistan Security Forces Fund.
Sec. 1533. Joint Improvised Explosive Device Defeat Fund.
Sec. 1534. Counterterrorism Partnerships Fund.
Sec. 1535. European Reassurance Initiative.
Sec. 1536. Plan for transition of funding of United States Special
Operations Command from supplemental funding for overseas
contingency operations to recurring funding for future-years
defense programs.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Department of Defense Space Security and Defense Program.
Sec. 1602. Evolved expendable launch vehicle notification.
Sec. 1603. Satellite communications responsibilities of Executive Agent
for Space.
Sec. 1604. Rocket propulsion system development program.
Sec. 1605. Pilot program for acquisition of commercial satellite
communication services.
[[Page 128 STAT. 3306]]
Sec. 1606. Update of National Security Space Strategy to include space
control and space superiority strategy.
Sec. 1607. Allocation of funds for the Space Security and Defense
Program; report on space control.
Sec. 1608. Prohibition on contracting with Russian suppliers of rocket
engines for the evolved expendable launch vehicle program.
Sec. 1609. Assessment of evolved expendable launch vehicle program.
Sec. 1610. Competitive procedures required to launch payload for mission
number five of the Operationally Responsive Space Program.
Sec. 1611. Availability of additional rocket cores pursuant to
competitive procedures.
Sec. 1612. Limitations on availability of funds for weather satellite
follow-on system and Defense Meteorological Satellite
program.
Sec. 1613. Limitation on availability of funds for space-based infrared
systems space data exploitation.
Sec. 1614. Limitations on availability of funds for hosted payload and
wide field of view testbed of the space-based infrared
systems.
Sec. 1615. Limitations on availability of funds for protected tactical
demonstration and protected military satellite communications
testbed of the advanced extremely high frequency program.
Sec. 1616. Study of space situational awareness architecture.
Sec. 1617. Briefing on range support for launches in support of national
security.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Tactical Exploitation of National Capabilities Executive
Agent.
Sec. 1622. One-year extension of report on imagery intelligence and
geospatial information support provided to regional
organizations and security alliances.
Sec. 1623. Extension of Secretary of Defense authority to engage in
commercial activities as security for intelligence collection
activities.
Sec. 1624. Extension of authority relating to jurisdiction over
Department of Defense facilities for intelligence collection
or special operations activities abroad.
Sec. 1625. Assessment and limitation on availability of funds for
intelligence activities and programs of United States Special
Operations Command and special operations forces.
Sec. 1626. Annual briefing on the intelligence, surveillance, and
reconnaissance requirements of the combatant commands.
Sec. 1627. Prohibition on National Intelligence Program consolidation.
Sec. 1628. Personnel security and insider threat.
Sec. 1629. Migration of Distributed Common Ground System of Department
of the Army to an open system architecture.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Budgeting and accounting for cyber mission forces.
Sec. 1632. Reporting on cyber incidents with respect to networks and
information systems of operationally critical contractors.
Sec. 1633. Executive agents for cyber test and training ranges.
Sec. 1634. Cyberspace mapping.
Sec. 1635. Review of cross domain solution policy and requirement for
cross domain solution strategy.
Sec. 1636. Requirement for strategy to develop and deploy decryption
service for the Joint Information Environment.
Sec. 1637. Actions to address economic or industrial espionage in
cyberspace.
Sec. 1638. Sense of Congress regarding role of reserve components in
defense of United States against cyber attacks.
Sec. 1639. Sense of Congress on the future of the Internet and the .MIL
top-level domain.
Subtitle D--Nuclear Forces
Sec. 1641. Preparation of annual budget request regarding nuclear
weapons.
Sec. 1642. Improvement to biennial assessment on delivery platforms for
nuclear weapons and the nuclear command and control system.
Sec. 1643. Congressional Budget Office review of cost estimates for
nuclear weapons.
Sec. 1644. Retention of missile silos.
Sec. 1645. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1646. Assessment of nuclear weapon secondary requirement.
Sec. 1647. Certification on nuclear force structure.
Sec. 1648. Advance notice and reports on B61 life extension program.
[[Page 128 STAT. 3307]]
Sec. 1649. Notification and report concerning removal or consolidation
of dual-capable aircraft from Europe.
Sec. 1650. Reports on installation of nuclear command, control, and
communications systems at headquarters of United States
Strategic Command.
Sec. 1651. Report on plans for response of Department of Defense to INF
Treaty violation.
Sec. 1652. Statement of policy on the nuclear triad.
Sec. 1653. Sense of Congress on deterrence and defense posture of the
North Atlantic Treaty Organization.
Subtitle E--Missile Defense Programs
Sec. 1661. Availability of funds for Iron Dome short-range rocket
defense system.
Sec. 1662. Testing and assessment of missile defense systems prior to
production and deployment.
Sec. 1663. Acquisition plan for re-designed exo-atmospheric kill
vehicle.
Sec. 1664. Study on testing program of ground-based midcourse missile
defense system.
Sec. 1665. Sense of Congress and report on homeland ballistic missile
defense.
Sec. 1666. Sense of Congress and report on regional ballistic missile
defense.
TITLE XVII--NATIONAL COMMISSION ON THE FUTURE OF THE ARMY
Subtitle A--Establishment and Duties of Commission
Sec. 1701. Short title.
Sec. 1702. National Commission on the Future of the Army.
Sec. 1703. Duties of the Commission.
Sec. 1704. Powers of the Commission.
Sec. 1705. Commission personnel matters.
Sec. 1706. Termination of the Commission.
Sec. 1707. Funding.
Subtitle B--Related Limitations
Sec. 1711. Prohibition on use of fiscal year 2015 funds to reduce
strengths of Army personnel.
Sec. 1712. Limitations on the transfer, including preparations for the
transfer, of AH-64 Apache helicopters assigned to the Army
National Guard.
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. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2004 project.
Sec. 2105. Modification of authority to carry out certain fiscal year
2013 projects.
Sec. 2106. Extension of authorization of certain fiscal year 2011
project.
Sec. 2107. Extension of authorizations of certain fiscal year 2012
projects.
Sec. 2108. Limitation on construction of cadet barracks at United States
Military Academy, New York.
Sec. 2109. Limitation on funding for family housing construction at Camp
Walker, Republic of Korea.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2012 projects.
Sec. 2206. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2207. Extension of authorizations of certain fiscal year 2011
projects.
Sec. 2208. Extension of authorizations of certain fiscal year 2012
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Authorization of appropriations, Air Force.
Sec. 2303. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2304. Extension of authorization of certain fiscal year 2011
project.
[[Page 128 STAT. 3308]]
Sec. 2305. Extension of authorization of certain fiscal year 2012
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authorizations of certain fiscal year 2011
projects.
Sec. 2405. Extension of authorizations of certain fiscal year 2012
projects.
Sec. 2406. Limitation on project authorization to carry out certain
fiscal year 2015 projects pending submission of report.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification and extension of authority to carry out certain
fiscal year 2012 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year
2013 projects.
Sec. 2613. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2614. Extension of authorization of certain fiscal year 2011
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorization of Appropriations
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense base
closure account.
Subtitle B--Prohibition on Additional BRAC Round
Sec. 2711. Prohibition on conducting additional Base Realignment and
Closure (BRAC) round.
Subtitle C--Other Matters
Sec. 2721. Modification of property disposal procedures under base
realignment and closure process.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Congressional notification of construction projects, land
acquisitions, and defense access road projects conducted
under authorities other than a Military Construction
Authorization Act.
Sec. 2802. Modification of authority to carry out unspecified minor
military construction.
Sec. 2803. Clarification of authorized use of payments-In-Kind and in-
Kind contributions.
Sec. 2804. Use of one-step turn-key contractor selection procedures for
additional facility projects.
Sec. 2805. Limitations on military construction in European Command area
of responsibility and European Reassurance Initiative.
[[Page 128 STAT. 3309]]
Sec. 2806. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in certain
areas outside the United States.
Sec. 2807. Application of residential building construction standards.
Sec. 2808. Limitation on construction of new facilities at Guantanamo
Bay, Cuba.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Renewals, extensions, and succeeding leases for financial
institutions operating on military installations.
Sec. 2812. Deposit of reimbursed funds to cover administrative expenses
relating to certain real property transactions.
Subtitle C--Provisions Related to Asia-Pacific Military Realignment
Sec. 2821. Realignment of Marines Corps forces in Asia-Pacific region.
Sec. 2822. Establishment of surface danger zone, Ritidian Unit, Guam
National Wildlife Refuge.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Gordo Army Reserve Center, Gordo, Alabama.
Sec. 2832. Land conveyance, West Nome Tank Farm, Nome, Alaska.
Sec. 2833. Land conveyance, former Air Force Norwalk Defense Fuel Supply
Point, Norwalk, California.
Sec. 2834. Transfer of administrative jurisdiction and alternative land
conveyance authority, former Walter Reed Army Hospital,
District of Columbia.
Sec. 2835. Land conveyance, former Lynn Haven fuel depot, Lynn Haven,
Florida.
Sec. 2836. Transfers of administrative jurisdiction, Camp Frank D.
Merrill and Lake Lanier, Georgia.
Sec. 2837. Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii.
Sec. 2838. Modification of conditions on land conveyance, Joliet Army
Ammunition Plant, Illinois.
Sec. 2839. Transfer of administrative jurisdiction, Camp Gruber,
Oklahoma.
Sec. 2840. Conveyance, Joint Base Charleston, South Carolina.
Sec. 2841. Land exchanges, Arlington County, Virginia.
Subtitle E--Military Memorials, Monuments, and Museums
Sec. 2851. Acceptance of in-kind gifts on behalf of Heritage Center for
the National Museum of the United States Army.
Sec. 2852. Mt. Soledad Veterans Memorial, San Diego, California.
Sec. 2853. Establishment of memorial to the victims of the shooting at
the Washington Navy Yard on September 16, 2013.
Subtitle F--Designations
Sec. 2861. Redesignation of the Asia-Pacific Center for Security Studies
as the Daniel K. Inouye Asia-Pacific Center for Security
Studies.
Subtitle G--Other Matters
Sec. 2871. Report on physical security at Department of Defense
facilities.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition project.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorized Defense Agency construction and land acquisition
project.
Sec. 2904. Authorization of appropriations.
TITLE XXX--NATURAL RESOURCES RELATED GENERAL PROVISIONS
Subtitle A--Land Conveyances and Related Matters
Sec. 3001. Land conveyance, Wainwright, Alaska.
Sec. 3002. Sealaska land entitlement finalization.
Sec. 3003. Southeast Arizona land exchange and conservation.
Sec. 3004. Land exchange, Cibola National Wildlife Refuge, Arizona, and
Bureau of Land Management land in Riverside County,
California.
Sec. 3005. Special rules for Inyo National Forest, California, land
exchange.
Sec. 3006. Land exchange, Trinity Public Utilities District, Trinity
County, California, the Bureau of Land Management, and the
Forest Service.
Sec. 3007. Idaho County, Idaho, shooting range land conveyance.
Sec. 3008. School District 318, Minnesota, land exchange.
Sec. 3009. Northern Nevada land conveyances.
Sec. 3010. San Juan County, New Mexico, Federal land conveyance.
[[Page 128 STAT. 3310]]
Sec. 3011. Land conveyance, Uinta-Wasatch-Cache National Forest, Utah.
Sec. 3012. Conveyance of certain land to the city of Fruit Heights,
Utah.
Sec. 3013. Land conveyance, Hanford Site, Washington.
Sec. 3014. Ranch A Wyoming consolidation and management improvement.
Subtitle B--Public Lands and National Forest System Management
Sec. 3021. Bureau of Land Management permit processing.
Sec. 3022. Internet-based onshore oil and gas lease sales.
Sec. 3023. Grazing permits and leases.
Sec. 3024. Cabin user and transfer fees.
Subtitle C--National Park System Units
Sec. 3030. Addition of Ashland Harbor Breakwater Light to the Apostle
Islands National Seashore.
Sec. 3031. Blackstone River Valley National Historical Park.
Sec. 3032. Coltsville National Historical Park.
Sec. 3033. First State National Historical Park.
Sec. 3034. Gettysburg National Military Park.
Sec. 3035. Harriet Tubman Underground Railroad National Historical Park,
Maryland.
Sec. 3036. Harriet Tubman National Historical Park, Auburn, New York.
Sec. 3037. Hinchliffe Stadium addition to Paterson Great Falls National
Historical Park.
Sec. 3038. Lower East Side Tenement National Historic Site.
Sec. 3039. Manhattan Project National Historical Park.
Sec. 3040. North Cascades National Park and Stephen Mather Wilderness.
Sec. 3041. Oregon Caves National Monument and Preserve.
Sec. 3042. San Antonio Missions National Historical Park.
Sec. 3043. Valles Caldera National Preserve, New Mexico.
Sec. 3044. Vicksburg National Military Park.
Subtitle D--National Park System Studies, Management, and Related
Matters
Sec. 3050. Revolutionary War and War of 1812 American battlefield
protection program.
Sec. 3051. Special resource studies.
Sec. 3052. National heritage areas and corridors.
Sec. 3053. National historic site support facility improvements.
Sec. 3054. National Park System donor acknowledgment.
Sec. 3055. Coin to commemorate 100th anniversary of the National Park
Service.
Sec. 3056. Commission to study the potential creation of a National
Women's History Museum.
Sec. 3057. Cape Hatteras National Seashore Recreational Area.
Subtitle E--Wilderness and Withdrawals
Sec. 3060. Alpine Lakes Wilderness additions and Pratt and Middle Fork
Snoqualmie Rivers protection.
Sec. 3061. Columbine-Hondo Wilderness.
Sec. 3062. Hermosa Creek watershed protection.
Sec. 3063. North Fork Federal lands withdrawal area.
Sec. 3064. Pine Forest Range Wilderness.
Sec. 3065. Rocky Mountain Front Conservation Management Area and
wilderness additions.
Sec. 3066. Wovoka Wilderness.
Sec. 3067. Withdrawal area related to Wovoka Wilderness.
Sec. 3068. Withdrawal and reservation of additional public land for
Naval Air Weapons Station, China Lake, California.
Subtitle F--Wild and Scenic Rivers
Sec. 3071. Illabot Creek, Washington, wild and scenic river.
Sec. 3072. Missisquoi and Trout wild and scenic rivers, Vermont.
Sec. 3073. White Clay Creek wild and scenic river expansion.
Sec. 3074. Studies of wild and scenic rivers.
Subtitle G--Trust Lands
Sec. 3077. Land taken into trust for benefit of the Northern Cheyenne
Tribe.
Sec. 3078. Transfer of administrative jurisdiction, Badger Army
Ammunition Plant, Baraboo, Wisconsin.
Subtitle H--Miscellaneous Access and Property Issues
Sec. 3081. Ensuring public access to the summit of Rattlesnake Mountain
in the Hanford Reach National Monument.
[[Page 128 STAT. 3311]]
Sec. 3082. Anchorage, Alaska, conveyance of reversionary interests.
Sec. 3083. Release of property interests in Bureau of Land Management
land conveyed to the State of Oregon for establishment of
Hermiston Agricultural Research and Extension Center.
Subtitle I--Water Infrastructure
Sec. 3087. Bureau of Reclamation hydropower development.
Sec. 3088. Toledo Bend Hydroelectric Project.
Sec. 3089. East Bench Irrigation District contract extension.
Subtitle J--Other Matters
Sec. 3091. Commemoration of centennial of World War I.
Sec. 3092. Miscellaneous issues related to Las Vegas valley public land
and Tule Springs Fossil Beds National Monument.
Sec. 3093. National Desert Storm and Desert Shield Memorial.
Sec. 3094. Extension of legislative authority for establishment of
commemorative work in honor of former President John Adams.
Sec. 3095. Refinancing of Pacific Coast groundfish fishing capacity
reduction loan.
Sec. 3096. Payments in lieu of taxes.
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. Design and use of prototypes of nuclear weapons for
intelligence purposes.
Sec. 3112. Plutonium pit production capacity.
Sec. 3113. Life-cycle cost estimates of certain atomic energy defense
capital assets.
Sec. 3114. Expansion of requirement for independent cost estimates on
life extension programs and new nuclear facilities.
Sec. 3115. Definition of baseline and threshold for stockpile life
extension project.
Sec. 3116. Authorized personnel levels of National Nuclear Security
Administration.
Sec. 3117. Cost estimation and program evaluation by National Nuclear
Security Administration.
Sec. 3118. Cost containment for Uranium Capabilities Replacement
Project.
Sec. 3119. Production of nuclear warhead for long-range standoff weapon.
Sec. 3120. Disposition of weapons-usable plutonium.
Sec. 3121. Limitation on availability of funds for Office of the
Administrator for Nuclear Security.
Sec. 3122. Limitation on availability of funds for certain
nonproliferation activities between the United States and the
Russian Federation.
Sec. 3123. Identification of amounts required for uranium technology
sustainment in budget materials for fiscal year 2016.
Subtitle C--Plans and Reports
Sec. 3131. Analysis and report on W88 Alt 370 program high explosives
options.
Sec. 3132. Analysis of existing facilities and sense of Congress with
respect to plutonium strategy.
Sec. 3133. Plan for verification and monitoring of proliferation of
nuclear weapons and fissile material.
Sec. 3134. Comments of Administrator for Nuclear Security and Chairman
of Nuclear Weapons Council on final report of Congressional
Advisory Panel on the Governance of the Nuclear Security
Enterprise.
Subtitle D--Other Matters
Sec. 3141. Establishment of Advisory Board on Toxic Substances and
Worker Health; extension of authority of Office of Ombudsman
for Energy Employees Occupational Illness Compensation
Program.
Sec. 3142. Technical corrections to Atomic Energy Defense Act.
Sec. 3143. Technical corrections to National Nuclear Security
Administration Act.
Sec. 3144. Technology Commercialization Fund.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
[[Page 128 STAT. 3312]]
Sec. 3202. Inspector General of Defense Nuclear Facilities Safety Board.
Sec. 3203. Number of employees of Defense Nuclear Facilities Safety
Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the Merchant Marine for fiscal year 2015.
Sec. 3502. Floating dry docks.
Sec. 3503. Sense of Congress on the role of domestic maritime industry
in national security.
Sec. 3504. United States Merchant Marine Academy Board of Visitors.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. <<NOTE: Definition. 10 USC 101 note.>> 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.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 3, 2014, by the
Chairman of the Committee on Armed Services of the House of
Representatives and the Chairman of the Committee
[[Page 128 STAT. 3313]]
on Armed Services of the Senate, shall have the same effect with respect
to the implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of Appropriations.
Subtitle B--Army Programs
Sec. 111. Plan on modernization of UH-60A aircraft of Army National
Guard.
Subtitle C--Navy Programs
Sec. 121. Construction of San Antonio class amphibious ship.
Sec. 122. Limitation on availability of funds for mission modules for
Littoral Combat Ship.
Sec. 123. Extension of limitation on availability of funds for Littoral
Combat Ship.
Sec. 124. Report on test evaluation master plan for Littoral Combat Ship
seaframes and mission modules.
Sec. 125. Airborne electronic attack capabilities.
Subtitle D--Air Force Programs
Sec. 131. Prohibition on availability of funds for retirement of MQ-1
Predator aircraft.
Sec. 132. Prohibition on availability of funds for retirement of U-2
aircraft.
Sec. 133. Prohibition on availability of funds for retirement of A-10
aircraft.
Sec. 134. Prohibition on cancellation or modification of avionics
modernization program for C-130 aircraft.
Sec. 135. Limitation on availability of funds for retirement of Air
Force aircraft.
Sec. 136. Limitation on availability of funds for retirement of E-3
airborne warning and control system aircraft.
Sec. 137. Limitation on availability of funds for divestment or transfer
of KC-10 aircraft.
Sec. 138. Limitation on availability of funds for transfer of Air Force
C-130H and C-130J aircraft.
Sec. 139. Limitation on availability of funds for transfer of Air Force
KC-135 tankers.
Sec. 140. Report on C-130 aircraft.
Sec. 141. Report on status of F-16 aircraft.
Sec. 142. Report on options to modernize or replace T-1A aircraft.
Sec. 143. Report on status of air-launched cruise missile capabilities.
Subtitle E--Defense-Wide, Joint, and Multiservice Matters
Sec. 151. Additional oversight requirements for the undersea mobility
acquisition program of the United States Special Operations
Command.
Sec. 152. Plan for modernization or replacement of digital avionic
equipment.
Sec. 153. Comptroller General report on F-35 aircraft acquisition
program.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2015
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table in
section 4101.
[[Page 128 STAT. 3314]]
Subtitle B--Army Programs
SEC. 111. PLAN ON MODERNIZATION OF UH-60A AIRCRAFT OF ARMY
NATIONAL GUARD.
(a) <<NOTE: Deadline.>> Plan.--Not later than March 15, 2015, the
Secretary of the Army shall submit to the congressional defense
committees a prioritized plan for modernizing the entire fleet of UH-60A
aircraft of the Army National Guard.
(b) Additional Elements.--The plan under subsection (a) shall set
forth the following:
(1) A detailed timeline for the modernization of the entire
fleet of UH-60A aircraft of the Army National Guard.
(2) The number of UH-60L, UH-60L Digital, and UH-60M
aircraft that the Army National Guard will possess upon
completion of such modernization plan.
(3) The cost, by year, associated with such modernization
plan.
Subtitle C--Navy Programs
SEC. 121. CONSTRUCTION OF SAN ANTONIO CLASS AMPHIBIOUS SHIP.
(a) <<NOTE: Contracts.>> In General.--The Secretary of the Navy may
enter into a contract beginning with the fiscal year 2015 program year
for the procurement of one San Antonio class amphibious ship. The
Secretary may employ incremental funding for such procurement.
(b) Condition on Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under such contract for any fiscal year
after fiscal year 2015 is subject to the availability of appropriations
for that purpose for such fiscal year.
SEC. 122. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSION MODULES
FOR LITTORAL COMBAT SHIP.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2015 for the procurement of
additional mission modules for the Littoral Combat Ship program may be
obligated or expended until the Secretary of the Navy submits to the
congressional defense committees each of the following:
(1) The Milestone B program goals for cost, schedule, and
performance for each module.
(2) Certification by the Director of Operational Test and
Evaluation with respect to the total number for each module type
that is required to perform all necessary operational testing.
SEC. 123. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
LITTORAL COMBAT SHIP.
Section 124(a) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 693) is amended by striking
``this Act or otherwise made available for fiscal year 2014'' and
inserting ``this Act, the 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''.
[[Page 128 STAT. 3315]]
SEC. 124. REPORT ON TEST EVALUATION MASTER PLAN FOR LITTORAL
COMBAT SHIP SEAFRAMES AND MISSION MODULES.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Director of Operational Test and Evaluation
shall submit to the congressional defense committees a report on the
test evaluation master plan for the seaframes and mission modules for
the Littoral Combat Ship program.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of the progress of the Navy with respect
to the test evaluation master plan.
(2) An assessment of whether or not completion of the test
evaluation master plan will demonstrate operational
effectiveness and operational suitability for both seaframes and
each mission module.
SEC. 125. AIRBORNE ELECTRONIC ATTACK CAPABILITIES.
(a) In General.--The Secretary of the Navy shall ensure that the
Navy retains the option of procuring more EA-18G aircraft in the event
that the Secretary determines that further analysis of airborne
electronic attack force structure indicates that the Navy should make
such a procurement.
(b) <<NOTE: Deadline.>> Briefing.--Not later than March 2, 2015,
the Secretary shall provide to the congressional defense committees a
briefing on--
(1) the options available to the Navy for ensuring that the
Navy will not be precluded from procuring more EA-18G aircraft
based on a determination made under subsection (a); and
(2) an update on the progress of the Navy in conducting an
analysis of emerging requirements for airborne electronic
attack.
Subtitle D--Air Force Programs
SEC. 131. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
MQ-1 PREDATOR AIRCRAFT.
(a) Prohibition.--Except as provided by subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2015 for the Air Force may be used during
fiscal year 2015 to retire any MQ-1 Predator aircraft.
(b) Exception.--The prohibition in subsection (a) shall not apply to
a damaged MQ-1 Predator aircraft if the Secretary determines that
repairing such aircraft is not economically viable.
SEC. 132. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
U-2 AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2015 for the Department of
Defense may be obligated or expended to make significant changes to
retire, prepare to retire, or place in storage U-2 aircraft.
SEC. 133. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
A-10 AIRCRAFT.
(a) Prohibition on Retirement.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2015 for the Air Force may be obligated or expended
[[Page 128 STAT. 3316]]
to retire, prepare to retire, or place in storage any A-10 aircraft,
except for such aircraft the Secretary of the Air Force, as of April 9,
2013, planned to retire.
(b) Limitation on Manning Levels.--
(1) In general.--Except as provided under paragraph (2),
none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2015 for the Air Force
may be obligated or expended to make significant changes to
manning levels with respect to any A-10 aircraft squadrons.
(2) Exception.--
(A) Back up flying status.--The Secretary of Defense
may authorize the Secretary of the Air Force to move up
to 36 A-10 aircraft in the active component to backup
flying status, and make conforming personnel
adjustments, for the duration of fiscal year 2015 if--
(i) on or before the date that is 45 days
after the date of the enactment of this Act, the
Secretary of Defense submits to the congressional
defense committees the certification described in
subparagraph (B); and
(ii) a period of 30 days has elapsed following
the date of such submittal.
(B) Certification.--A certification described in
this subparagraph is a certification that the Secretary
of Defense has--
(i) received the results of the independent
assessment under subsection (c) by the Director of
Cost Assessment and Program Evaluation regarding
alternative ways to provide manpower during fiscal
year 2015 to maintain the fighter fleet of the Air
Force and to field F-35 aircraft; and
(ii) determined, after giving consideration to
such assessment, that an action to move A-10
aircraft under subparagraph (A) is required to
avoid--
(I) significantly degrading the
readiness of the fighter fleet of the
Air Force; or
(II) significantly delaying the
planned fielding of F-35 aircraft.
(c) <<NOTE: Deadline.>> Independent Assessment.--Not later than 30
days after the date of the enactment of this Act, the Director of Cost
Assessment and Program Evaluation shall conduct an independent
assessment of alternative ways to provide manpower during fiscal year
2015 to maintain the fighter fleet of the Air Force and to field F-35
aircraft. In conducting such assessment, the Director shall give
consideration to the implementation approaches proposed by the Air Force
and to other alternatives, including the retirement of other aircraft
and the use of civilian or contractor maintainers on an interim basis
for A-10 aircraft, F-35 aircraft, or other aircraft.
(d) Comptroller General Study.--
(1) Study.--The Comptroller General of the United States
shall conduct an independent study of the platforms used to
conduct the close air support mission in light of the
recommendation of the Air Force to retire the A-10 fleet.
(2) Report.--Not later than March 30, 2015, the Comptroller
General shall brief the congressional defense committees on the
preliminary findings of the study under paragraph (1),
[[Page 128 STAT. 3317]]
with a report to follow as soon as practicable, that includes an
assessment of--
(A) the alternatives considered by the Air Force
that led to the recommendation to retire the A-10 fleet,
including the relative costs, benefits, and assumptions
associated with the alternatives to such retirement;
(B) any capability gaps in close air support that
would be created by such retirement and to what extent
the Department of Defense has plans to address such
capability gaps; and
(C) any capability gaps in air superiority or global
strike that could be created by the added cost to the
Air Force of retaining the A-10 fleet.
SEC. 134. PROHIBITION ON CANCELLATION OR MODIFICATION OF AVIONICS
MODERNIZATION PROGRAM FOR C-130 AIRCRAFT.
(a) Prohibition.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2015 for the Air Force may be used to--
(A) take any action to cancel or modify the avionics
modernization program of record for C-130 aircraft; or
(B) except as provided by paragraph (2), initiate an
alternative communication, navigation, surveillance, and
air traffic management program for C-130 aircraft that
is designed or intended to replace the avionics
modernization program described in subparagraph (A).
(2) Exception.--The Secretary of Defense may waive the
prohibition in paragraph (1)(B) if the Secretary certifies to
the congressional defense committees that the program described
in such subparagraph is required to operate C-130 aircraft in
airspace controlled by the Federal Aviation Administration or
airspace controlled by the government of a foreign country.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2015 for operation and
maintenance for the Office of the Secretary of the Air Force, not more
than 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
certifies to the congressional defense committees that the Secretary has
obligated the funds authorized to be appropriated or otherwise made
available for fiscal years prior to fiscal year 2015 for the avionics
modernization program of record for C-130 aircraft.
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
AIR FORCE AIRCRAFT.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the Air
Force may be obligated or expended to retire, prepare to retire, or
place in storage any aircraft of the Air Force, except for such aircraft
the Secretary of the Air Force planned to retire as of April 9, 2013,
until a period of 60 days has elapsed following the date on which the
Secretary submits the report under subsection (b)(1).
(b) Report.--
[[Page 128 STAT. 3318]]
(1) In general.--The Secretary shall submit to the
congressional defense committees a report on the appropriate
contributions of the regular Air Force, the Air National Guard,
and the Air Force Reserve to the total force structure of the
Air Force.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A separate presentation of mix of forces for
each mission and aircraft platform of the Air Force.
(B) An analysis and recommendations for not less
than 80 percent of the missions and aircraft platforms
described in subparagraph (A).
SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-
3 AIRBORNE WARNING AND CONTROL SYSTEM
AIRCRAFT.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the
Department of Defense may be obligated or expended to make significant
changes to manning levels with respect to any E-3 airborne warning and
control systems aircraft, or to retire, prepare to retire, or place in
storage any such aircraft.
(b) Rule of Construction.--Nothing in this section shall be
construed to limit or otherwise affect the requirement to maintain the
operational capability of the E-3 airborne warning and control system
aircraft.
SEC. 137. LIMITATION ON AVAILABILITY OF FUNDS FOR DIVESTMENT OR
TRANSFER OF KC-10 AIRCRAFT.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the Air
Force may be obligated or expended to transfer, divest, or prepare to
divest any KC-10 aircraft until a period of 60 days has elapsed
following the date on which the Secretary of Defense submits to the
congressional defense committees an assessment of the costs and benefits
of the proposed divestment or transfer.
(b) Elements.--The assessment referred to in subsection (a) shall
include, at a minimum, the following elements:
(1) A five-year plan for the force structure laydown of all
tanker aircraft.
(2) Current and future air refueling and cargo
transportation requirements, broken down by aircraft, needed to
meet the global reach and global power objectives of the
Department of Defense, including how such objectives relate to
supporting the 2012 Defense Strategic Guidance.
(3) An operational risk assessment and mitigation strategy
that evaluates the ability of the military to meet the
requirements and objectives stipulated in the Guidance for
Employment of the Force of the Department of Defense, the Joint
Strategic Capabilities Plan, and all steady-state rotational and
warfighting surge contingency operational planning documents of
the commanders of the geographical combatant commands.
SEC. 138. LIMITATION ON AVAILABILITY OF FUNDS FOR TRANSFER OF AIR
FORCE C-130H AND C-130J AIRCRAFT.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year
[[Page 128 STAT. 3319]]
2015 for the Air Force may be obligated or expended to transfer from one
facility of the Department of Defense to another any C-130H or C-130J
aircraft until a period of 60 days has elapsed following the date on
which the Secretary of the Air Force submits to the congressional
defense committees an assessment of the costs and benefits of the
proposed transfer.
(b) Elements.--The assessment referred to in subsection (a) shall
include, at a minimum, the following elements:
(1) A five-year plan for the force structure laydown of C-
130H2, C-130H3, and C-130J aircraft.
(2) An identification of how such plan deviates from the
total force structure proposal of the Secretary described in
section 1059(a) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1939).
(3) An explanation of why such plan deviates, if in any
detail, from such proposal.
(4) An assessment of the national security benefits and any
other expected benefits of the proposed transfers under
subsection (a), including benefits for the facilities expected
to receive the transferred aircraft.
(5) An assessment of the costs of the proposed transfers,
including the impact of the proposed transfers on the facilities
from which the aircraft will be transferred.
(6) An analysis of the recommended basing alignment that
demonstrates that the recommendation is the most effective and
efficient alternative for such basing alignment.
(7) For units equipped with special capabilities, including
the modular airborne firefighting system capability, a
certification that missions using such capabilities will not be
negatively affected by the proposed transfers.
(c) Comptroller General Report.--Not later than 60 days after the
date on which the Secretary submits the report required under subsection
(a), the Comptroller General of the United States shall submit to the
congressional defense committees a sufficiency review of such report,
including any findings and recommendations relating to such review.
SEC. 139. LIMITATION ON AVAILABILITY OF FUNDS FOR TRANSFER OF AIR
FORCE KC-135 TANKERS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the Air
Force may be obligated or expended to transfer from Joint Base Pearl
Harbor-Hickam to another facility of the Department of Defense any KC-
135 aircraft until a period of 60 days has elapsed following the date on
which the Secretary of the Air Force submits to the congressional
defense committees an assessment of the costs and benefits of the
proposed transfer.
(b) Elements.--The assessment referred to in subsection (a) shall
include, at a minimum, the following elements:
(1) A recommended basing alignment of Joint Base Pearl
Harbor-Hickam KC-135 aircraft.
(2) An identification of how, and an explanation of why,
such recommended basing alignment deviates, if in any detail,
from the current basing plan.
(3) An assessment of the national security benefits and any
other expected benefits of the proposed transfer under
[[Page 128 STAT. 3320]]
subsection (a), including benefits for the facilities expected
to receive the transferred aircraft.
(4) An assessment of the costs of the proposed transfer,
including the impact of the proposed transfer on the facilities
from which the aircraft will be transferred.
(5) An analysis of the recommended basing alignment that
demonstrates that the recommendation is the most effective and
efficient alternative for such basing alignment.
SEC. 140. REPORT ON C-130 AIRCRAFT.
(a) 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
congressional defense committees a report including a complete analysis
and fielding plan for C-130 aircraft.
(b) Content.--The fielding plan submitted under subsection (a) shall
include specific details of the plan of the Secretary to maintain intra-
theater airlift capacity and capability within both the active and
reserve components, including the modernization and recapitalization
plan for C-130H and C-130J aircraft.
SEC. 141. REPORT ON STATUS OF F-16 AIRCRAFT.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the congressional defense
committees a report on the status and location, and any plans to change
during the period of the future-years defense program the status or
locations, of all F-16 aircraft in the inventory of the Air Force.
SEC. 142. REPORT ON OPTIONS TO MODERNIZE OR REPLACE T-1A AIRCRAFT.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report on options for the
modernization or replacement of the T-1A aircraft capability.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of options for--
(A) new procurement;
(B) conducting a service life extension program on
existing aircraft;
(C) replacing organic aircraft with leased aircraft
or services for the longer term; and
(D) replacing organic aircraft with leased aircraft
or services while the Secretary executes a new
procurement or service life extension program.
(2) An evaluation of the ability of each alternative to meet
future training requirements.
(3) Estimates of life cycle costs.
(4) A description of potential cost savings from merging a
T-1A capability replacement program with other programs of the
Air Force, such as the Companion Trainer Program.
SEC. 143. REPORT ON STATUS OF AIR-LAUNCHED CRUISE MISSILE
CAPABILITIES.
(a) Findings.--Congress finds the following:
(1) The capability provided by the nuclear-capable, air-
launched cruise missile is critical to maintaining a credible
and effective air-delivery leg of the nuclear triad, preserving
[[Page 128 STAT. 3321]]
the ability to respond to geopolitical and technical surprise,
and reassuring allies of the United States through credible
extended deterrence.
(2) In the fiscal year 2015 budget request of the Air Force,
the Secretary of the Air Force delayed development of the long-
range standoff weapon, the follow-on for the air-launched cruise
missile, by three years.
(3) The Secretary plans to sustain the current air-launched
cruise missile, known as the AGM-86, until approximately 2030,
with multiple service life-extension programs required to
preserve but not enhance the existing capabilities of the air-
launched cruise missile.
(4) The AGM-86 was initially developed in the 1970s and
deployed in the 1980s.
(5) The average age of the inventory of air-launched cruise
missiles is more than 30 years old.
(6) The operating environment, particularly the
sophistication of integrated air defenses, has evolved
substantially since the inception of the air-launched cruise
missile.
(7) The AGM-86 is no longer in production and the inventory
of spare bodies for required annual testing continues to
diminish, posing serious challenges for long-term sustainment.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
coordination with the Commander of the United States Strategic
Command, shall submit to the congressional defense committees a
report on the status of the current air-launched cruise missile
and the development of the follow-on system, the long-range
standoff weapon, in accordance with section 217 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 127 Stat. 706).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An assessment of the effectiveness and
survivability of the air-launched cruise missile through
2030, including the impact of any degradation on the
ability of the United States Strategic Command to meet
deterrence requirements, including the number of targets
held at risk by the air-launched cruise missile or the
burdens placed on other legs of the nuclear triad.
(B) A description of age-related failure trends, an
assessment of potential age-related fleet-wide
reliability and supportability problems, and the
estimated costs for sustaining the air-launched cruise
missile.
(C) A detailed plan, including initial cost
estimates, for the development and deployment of the
follow-on system that will achieve initial operational
capability before 2030.
(D) An assessment of the feasibility and
advisability of alternative development strategies,
including initial cost estimates, that would achieve
full operational capability before 2030.
(E) An assessment of current testing requirements
and the availability of test bodies to sustain the air-
launched cruise missile over the long term.
[[Page 128 STAT. 3322]]
(F) A description of the extent to which the
airframe and other related components can be completed
independent of the payload, as determined by the Nuclear
Weapons Council established by section 179 of title 10,
United States Code.
(G) A statement of the risks assumed by not fielding
an operational replacement for the existing air-launched
cruise missile by 2030.
(3) Form.--The report required under paragraph (1) shall be
submitted in classified form, but may include an unclassified
summary.
Subtitle E--Defense-Wide, Joint, and Multiservice Matters
SEC. 151. ADDITIONAL OVERSIGHT REQUIREMENTS FOR THE UNDERSEA
MOBILITY ACQUISITION PROGRAM OF THE UNITED
STATES SPECIAL OPERATIONS COMMAND.
Section 144 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1325) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or the Joint
Capabilities Integration and Development system'' before
the semicolon; and
(B) in paragraph (2), by inserting ``, or other
comparable and qualified entity selected by the
Director'' before the semicolon;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Technology Roadmap.--
``(1) In general.--The Commander shall develop a plan
consisting of a technology roadmap for undersea mobility
capabilities that includes the following:
``(A) A description of the current capabilities
provided by covered elements as of the date of the plan.
``(B) An identification and description of the
requirements of the Commander for future undersea
mobility platforms.
``(C) An identification of resources necessary to
fulfill the requirements identified in subparagraph (B).
``(D) A description of the technology readiness
levels of any covered element currently under
development as of the date of the plan.
``(E) An identification of any potential gaps or
projected shortfall in capability, along with steps to
mitigate any such gap or shortfall.
``(F) Any other matters the Commander determines
appropriate.
``(2) Submission.--The Commander shall submit to the
congressional defense committees the plan under paragraph (1) at
the same time as the Under Secretary submits the first report
under subsection (a)(2) following the date of the enactment of
the Carl Levin and Howard P. `Buck' McKeon National Defense
Authorization Act for Fiscal Year 2015.''.
[[Page 128 STAT. 3323]]
SEC. 152. PLAN FOR MODERNIZATION OR REPLACEMENT OF DIGITAL AVIONIC
EQUIPMENT.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan for the potential modernization
or replacement of digital avionics equipment, including use of
commercial-off-the-shelf digital avionics equipment, to meet the
equipment requirements under the Next Generation Air Transportation
System of the Federal Aviation Administration.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) A description of the requirements imposed on aircraft of
the Department of Defense by the Federal Aviation Administration
transition to the equipment requirements described in subsection
(a), including--
(A) an identification of the type and number of
aircraft that the Secretary will need to upgrade;
(B) a definition of the upgrades needed for such
aircraft; and
(C) the schedule required for the Secretary to make
such upgrades in time to meet such requirements.
(2) A description of options for--
(A) acquiring new equipment, including--
(i) new procurement; and
(ii) leasing equipment and installation and
other services, including the use of public-
private partnerships; and
(B) modernizing existing equipment.
(3) An evaluation of the ability of each option to meet
future operational requirements and to meet the equipment
requirements described in subsection (a).
(4) An estimated timeline to modernize or replace the
digital avionics equipment in each military department or other
element of the Department.
(5) The estimated costs of options to modernize or replace
the avionics equipment in each military department or other
element of the Department in order to meet such requirements.
SEC. 153. COMPTROLLER GENERAL REPORT ON F-35 AIRCRAFT ACQUISITION
PROGRAM.
(a) Annual Report.--Not later than April 15, 2015, and each year
thereafter until the F-35 aircraft acquisition program enters into full-
rate production, the Comptroller General of the United States shall
submit to the congressional defense committees a report reviewing such
program.
(b) Matters Included.--Each report under subsection (a) shall
include the following:
(1) The extent to which the F-35 aircraft acquisition
program is meeting cost, schedule, and performance goals.
(2) The progress and results of developmental and
operational testing.
(3) The progress of the procurement and manufacturing of F-
35 aircraft.
(4) An assessment of any plans or efforts of the Secretary
of Defense to improve the efficiency of the procurement and
manufacturing of F-35 aircraft.
[[Page 128 STAT. 3324]]
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. Modification of authority for prizes for advanced technology
achievements.
Sec. 212. Modification of Manufacturing Technology Program.
Sec. 213. Revision of requirement for acquisition programs to maintain
defense research facility records.
Sec. 214. Treatment by Department of Defense Test Resource Management
Center of significant modifications to test and evaluation
facilities and resources.
Sec. 215. Revision to the service requirement under the Science,
Mathematics, and Research for Transformation Defense
Education Program.
Sec. 216. Limitation on availability of funds for armored multi-purpose
vehicle program.
Sec. 217. Limitation on availability of funds for unmanned carrier-
launched airborne surveillance and strike system.
Sec. 218. Limitation on availability of funds for airborne
reconnaissance systems.
Sec. 219. Limitation on availability of funds for retirement of Joint
Surveillance and Target Attack Radar Systems aircraft.
Subtitle C--Reports
Sec. 221. Reduction in frequency of reporting by Deputy Assistant
Secretary of Defense for Systems Engineering.
Sec. 222. Independent assessment of interagency biodefense research and
development.
Sec. 223. Briefing on modeling and simulation technological and
industrial base in support of requirements of Department of
Defense.
Subtitle D--Other Matters
Sec. 231. Modification to requirement for contractor cost sharing in
pilot program to include technology protection features
during research and development of certain defense systems.
Sec. 232. Pilot program on assignment to Defense Advanced Research
Projects Agency of private sector personnel with critical
research and development expertise.
Sec. 233. Pilot program on enhancement of preparation of dependents of
members of Armed Forces for careers in science, technology,
engineering, and mathematics.
Sec. 234. Sense of Congress on helicopter health and usage monitoring
system of the Army.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2015
for the use of the Department of Defense for research, development,
test, and evaluation as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
(a) Modification of Limit on Amount of Awards.--Subsection (c)(1) of
section 2374a of title 10, United States <<NOTE: 10 USC 2374a.>> Code,
[[Page 128 STAT. 3325]]
is amended by striking ``The total amount'' and all that follows through
the period at the end and inserting the following: ``No prize
competition may result in the award of a cash prize of more than
$10,000,000.''.
(b) Acceptance of Funds.--Such section is further amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Acceptance of Funds.--In addition to such sums as may be
appropriated or otherwise made available to the Secretary to award
prizes under this section, the Secretary may accept funds from other
departments and agencies of the Federal Government, and from State and
local governments, to award prizes under this section.''.
(c) Frequency of Reporting.--Subsection (f) of such section, as
redesignated by subsection (b)(1) of this section, is amended--
(1) in paragraph (1)--
(A) by striking ``each year'' and inserting ``every
other year''; and
(B) by striking ``fiscal year'' and inserting ``two
fiscal years'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``a fiscal year'' and inserting ``a period of
two fiscal years''; and
(3) in the subsection heading, by striking ``Annual'' and
inserting ``Biennial''.
SEC. 212. MODIFICATION OF MANUFACTURING TECHNOLOGY PROGRAM.
(a) Modification of Joint Defense Manufacturing Technology Panel
Reporting Requirement.--Subsection (e)(5) of section 2521 of title 10,
United States Code, <<NOTE: 10 USC 2521.>> is amended by striking ``the
Assistant Secretary of Defense for Research and Engineering'' and
inserting ``one or more individuals designated by the Under Secretary of
Defense for Acquisition, Technology, and Logistics for purposes of this
paragraph''.
(b) Decreased Frequency of Update of Five-Year Strategic Plan.--
Subsection (f)(3) of such section is amended by striking ``on a biennial
basis'' and inserting ``not less frequently than once every four
years''.
SEC. 213. REVISION OF REQUIREMENT FOR ACQUISITION PROGRAMS TO
MAINTAIN DEFENSE RESEARCH FACILITY
RECORDS.
Section 2364 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)--
(i) by inserting ``and issue'' after
``technology position''; and
(ii) by striking ``combatant commands'' and
inserting ``components of the Department of
Defense''; and
(B) in paragraph (5), by striking ``any position
paper'' and all that follows through the period and
inserting the following: ``any technological assessment
made by a Defense research facility shall be provided to
the Defense Technical Information Center repository to
support acquisition decisions.''; and
[[Page 128 STAT. 3326]]
(2) in subsection (c)--
(A) by striking ``this section:'' and all that
follows through ``(1) The term'' and inserting ``this
section, the term'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and moving such
paragraphs, as so redesignated, 2 ems to the left.
SEC. 214. TREATMENT BY DEPARTMENT OF DEFENSE TEST RESOURCE
MANAGEMENT CENTER OF SIGNIFICANT
MODIFICATIONS TO TEST AND EVALUATION
FACILITIES AND RESOURCES.
(a) Review of Proposed Changes.--Subsection (c)(1)(B) of section 196
of title 10, United States Code, <<NOTE: 10 USC 196.>> is amended by
inserting after ``Base'' the following: ``, including with respect to
the expansion, divestment, consolidation, or curtailment of
activities,''.
(b) Elements of Strategic Plans.--Subsection (d)(2) of such section
is amended--
(1) by redesignating subparagraph (E) and (F) as
subparagraph (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) An assessment of plans and business case analyses
supporting any significant modification of the test and
evaluation facilities and resources of the Department projected,
proposed, or recommended by the Secretary of a military
department or the head of a Defense Agency for such period,
including with respect to the expansion, divestment,
consolidation, or curtailment of activities.''.
(c) Certification of Budgets.--Subsection (e)(1) of such section is
amended by inserting ``and for the period covered by the future-years
defense program submitted to Congress under section 221 of this title
for that fiscal year'' after ``activities for a fiscal year''.
(d) Assessment of Plans for Facilities.--Such section is further
amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Approval of Certain Modifications.--(1) The Secretary of a
military department or the head of a Defense Agency with test and
evaluation responsibilities may not implement a projected, proposed, or
recommended significant modification of the test and evaluation
facilities and resources of the Department, including with respect to
the expansion, divestment, consolidation, or curtailment of activities,
until--
``(A) the Secretary or the head, as the case may be, submits
to the Director a business case analysis for such modification;
and
``(B) the Director reviews such analysis and approves such
modification.
``(2) The Director shall submit to the Secretary of Defense an
annual report containing the comments of the Director with respect to
each business case analysis reviewed under paragraph (1)(B) during the
year covered by the report.''.
[[Page 128 STAT. 3327]]
SEC. 215. REVISION TO THE SERVICE REQUIREMENT UNDER THE SCIENCE,
MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION DEFENSE EDUCATION PROGRAM.
Subparagraph (B) of section 2192a(c)(1) of title 10, United States
Code, <<NOTE: 10 USC 2192a.>> is amended to read as follows:
``(B) in the case of a person not an employee of the
Department of Defense, the person shall enter into a written
agreement to accept and continue employment for the period of
obligated service determined under paragraph (2)--
``(i) with the Department; or
``(ii) with a public or private entity or
organization outside of the Department if the
Secretary--
``(I) is unable to find an appropriate
position for the person within the Department; and
``(II) determines that employment of the
person with such entity or organization for the
purpose of such obligated service would provide a
benefit to the Department.''.
SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR ARMORED MULTI-
PURPOSE VEHICLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2015 for research,
development, test, and evaluation, Army, for the armored multi-purpose
vehicle program, not more than 80 percent may be obligated or expended
until the date on which the Secretary of the Army submits to the
congressional defense committees the report under subsection (b)(1).
(b) Report.--
(1) In general.--Not later than March 1, 2015, the Secretary
of the Army shall submit to the congressional defense committees
a report on the armored multi-purpose vehicle program.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An identification of the existing capability
gaps of the M-113 family of vehicles assigned, as of the
date of the report, to units outside of combat brigades.
(B) An identification of the mission roles that are
in common between--
(i) such vehicles assigned to units outside of
combat brigades; and
(ii) the vehicles examined in the armor
brigade combat team during the armored multi-
purpose vehicle analysis of alternatives.
(C) The estimated timeline and the rough order of
magnitude of funding requirements associated with
complete M-113 family of vehicles divestiture within the
units outside of combat brigades and the risk associated
with delaying the replacement of such vehicles.
(D) A description of the requirements for force
protection, mobility, and size, weight, power, and
cooling capacity for the mission roles of M-113 family
of vehicles assigned to units outside of combat
brigades.
(E) A discussion of the mission roles of the M-113
family of vehicles assigned to units outside of combat
brigades that are comparable to the mission roles of the
[[Page 128 STAT. 3328]]
M-113 family of vehicles assigned to armor brigade
combat teams.
(F) A discussion of whether a one-for-one
replacement of the M-113 family of vehicles assigned to
units outside of combat brigades is likely.
(G) With respect to mission roles, a discussion of
any substantive distinctions that exist in the
capabilities of the M-113 family of vehicles that are
needed based on the level of the unit to which the
vehicle is assigned (not including combat brigades).
(H) A discussion of the relative priority of
fielding among the mission roles.
(I) An assessment for the feasibility of
incorporating medical wheeled variants within the armor
brigade combat teams.
SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR UNMANNED
CARRIER-LAUNCHED AIRBORNE SURVEILLANCE AND
STRIKE SYSTEM.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for research,
development, test, and evaluation, Navy, for the unmanned carrier-
launched airborne surveillance and strike system may be obligated or
expended to award a contract for air vehicle segment development until a
period of 15 days has elapsed following the date on which the Secretary
of Defense submits to the congressional defense committees a report
that--
(1) certifies that a review of the requirements for air
vehicle segments of the unmanned carrier-launched surveillance
and strike system is complete; and
(2) includes the results of such review.
(b) Additional Report.--At the same time that the President submits
to Congress the budget for fiscal year 2017 under section 1105(a) of
title 31, United States Code, the Secretary of the Navy shall submit to
the congressional defense committees a report that--
(1) identifies the cost and performance trade-offs that the
Navy made in arriving at the set of requirements for the air
vehicle segments of the unmanned carrier-launched surveillance
and strike system, including with respect to strike capability
in an anti-access or area denial environment;
(2) addresses the derivation of requirements for the overall
composition of the future carrier air wing, including any
contribution made to the intelligence, surveillance, and
reconnaissance capabilities of carrier strike groups from non-
carrier air wing forces, such as the MQ-4C Triton;
(3) specifies how the Navy derived the plan for achieving
the best mix of capabilities for the carrier strike group air
wing to conduct representative joint intelligence, surveillance,
and reconnaissance strike campaigns in the 2030 timeframe,
including how the unmanned carrier-launched surveillance and
strike system, F-35C aircraft, EA-18G aircraft, and the aircraft
that is proposed to replace the F/A-18E/F (FA-XX) would
contribute to the overall capability, including in an anti-
access or area denial threat environment;
(4) defines the acquisition strategy for the unmanned
carrier-launched surveillance and strike system program and
justifies any changes in such strategy from an acquisition
strategy
[[Page 128 STAT. 3329]]
for a traditional program that is consistent with Department of
Defense Instruction 5000.02; and
(5) establishes a formal acquisition program cost and
schedule baseline to allow the Navy to track unit costs and
provide regular reports to Congress on cost, schedule, and
performance progress.
SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR AIRBORNE
RECONNAISSANCE SYSTEMS.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2015 for research,
development, test, and evaluation, Air Force, for imaging and targeting
support of airborne reconnaissance systems, not more than 25 percent may
be obligated or expended until the date on which the Secretary of the
Air Force submits to the appropriate congressional committees--
(1) a plan regarding using such funds for such purpose
during fiscal year 2015; and
(2) a strategic plan for the funding of advanced airborne
reconnaissance technologies supporting manned and unmanned
systems.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 219. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
JOINT SURVEILLANCE AND TARGET ATTACK RADAR
SYSTEMS AIRCRAFT.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the Air
Force may be used to make any significant changes to manning levels with
respect to any operational Joint Surveillance and Target Attack Radar
Systems aircraft or take any action to retire or to prepare to retire
such aircraft until the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the report required by subsection (b).
(b) Report.--The Secretary shall submit to the congressional defense
committees a report that includes the following:
(1) An update of the results of the analysis of alternatives
for recapitalizing the current Joint Surveillance and Target
Attack Radar Systems capability.
(2) An assessment of the cost and schedule of developing and
fielding a new aircraft and radar system to replace the current
Joint Surveillance and Target Attack Radar Systems aircraft that
would deliver two replacement aircraft to the Joint Surveillance
and Target Attack Radar Systems aircraft operating base by
fiscal year 2019.
[[Page 128 STAT. 3330]]
Subtitle C--Reports
SEC. 221. REDUCTION IN FREQUENCY OF REPORTING BY DEPUTY ASSISTANT
SECRETARY OF DEFENSE FOR SYSTEMS
ENGINEERING.
(a) In General.--Section 139b(d) of title 10, United States Code,
is <<NOTE: 10 USC 139b.>> amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (4), respectively;
(2) in paragraph (3), as so redesignated, by striking ``In
General.--'' and all that follows through ``Each report'' and
inserting ``Contents.-- Each report submitted under paragraph
(1) or (2)'';
(3) by inserting before paragraph (3), as so redesignated,
the following new paragraphs (1) and (2):
``(1) Annual report by deputy assistant secretary of defense
for developmental test and evaluation.--Not later than March 31
of each year, the Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation shall submit to the
congressional defense committees a report on the activities
undertaken pursuant to subsection (a) during the preceding year.
``(2) Biennial report by deputy assistant secretary of
defense for systems engineering.--Not later than March 31 of
every other year, the Deputy Assistant Secretary of Defense for
Systems Engineering shall submit to the congressional defense
committees a report on the activities undertaken pursuant to
subsection (b) during the preceding two-year period.''; and
(4) in the subsection heading, by striking ``Annual Report''
and inserting ``Annual and Biennial Reports''.
(b) <<NOTE: 10 USC 139b note.>> Effective Date.--The amendments
made by this section shall take effect on the date of the enactment of
this Act and the first report submitted under paragraph (2) of section
139b(d) of such title, as added by subsection (a)(3), shall be submitted
not later than March 31, 2015.
SEC. 222. INDEPENDENT ASSESSMENT OF INTERAGENCY BIODEFENSE
RESEARCH AND DEVELOPMENT.
(a) Independent Assessment Required.--The Secretary of Defense shall
enter into a contract with an entity that is not part of the Department
of Defense to conduct an assessment of biodefense research and
development activities at the National Interagency Biodefense Campus.
(b) Elements.--The assessment conducted under subsection (a) shall
include the following:
(1) Identification and assessment of such legal, regulatory,
management, and practice barriers as may reduce the
effectiveness and efficiency of organizations on the Campus to
perform designated missions, including such barriers as may
exist with respect to the following:
(A) Sharing of funds for intramural and extramural
research and other activities--
(i) within and between the Defense Agencies
and the military departments;
[[Page 128 STAT. 3331]]
(ii) between the Department of Defense and
other Federal agencies; and
(iii) between the Department of Defense and
the private sector.
(B) Sharing in efforts related to the construction,
modernization, and maintenance of research facilities--
(i) within and between the Defense Agencies
and the military departments;
(ii) between the Department of Defense and
other Federal agencies; and
(iii) between the Department of Defense and
the private sector.
(C) Exchange and mobility of personnel--
(i) within and between the Defense Agencies
and the military departments;
(ii) between the Department of Defense and
other Federal agencies; and
(iii) between the Department of Defense and
the private sector.
(D) Technology transfer and transition--
(i) within and between the Defense Agencies
and the military departments;
(ii) between the Department of Defense and
other Federal agencies; and
(iii) between the Department of Defense and
the private sector.
(2) Formulation of recommendations for such legal,
regulatory, management, and practices as may support attempts to
overcome the barriers identified under paragraph (1).
(c) Coordination.--The assessment conducted under subsection (a)
shall be conducted in coordination with the following:
(1) The Secretary of Homeland Security.
(2) The Secretary of Health and Human Services.
(3) Such other private and public sector organizations as
the Secretary considers appropriate.
(d) Report.--Not later than 540 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees the findings of the entity that conducted the
assessment under subsection (a) with respect to such assessment.
(e) Defense Agency Defined.--In this section, the term ``Defense
Agency'' has the meaning given such term in section 101 of title 10,
United States Code.
SEC. 223. BRIEFING ON MODELING AND SIMULATION TECHNOLOGICAL AND
INDUSTRIAL BASE IN SUPPORT OF REQUIREMENTS
OF DEPARTMENT OF DEFENSE.
Not later than 180 days after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition, Technology, and
Logistics shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing that provides--
(1) an update to the assessment, findings, and
recommendations in the report submitted under section 1059 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2465); and
(2) the status of implementing any such recommendations.
[[Page 128 STAT. 3332]]
Subtitle D--Other Matters
SEC. 231. MODIFICATION TO REQUIREMENT FOR CONTRACTOR COST SHARING
IN PILOT PROGRAM TO INCLUDE TECHNOLOGY
PROTECTION FEATURES DURING RESEARCH AND
DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.
Section 243(b) of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2358 note) is
amended in the matter following paragraph (2)--
(1) by striking ``at least one-half'' and inserting
``half''; and
(2) by inserting ``, or such other portion of such cost as
the Secretary considers appropriate upon showing of good cause''
after ``such activities''.
SEC. 232. <<NOTE: 10 USC 2358 note.>> PILOT PROGRAM ON ASSIGNMENT
TO DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY OF PRIVATE SECTOR PERSONNEL WITH
CRITICAL RESEARCH AND DEVELOPMENT
EXPERTISE.
(a) Pilot Program Authorized.--In accordance with the provisions of
this section, the Director of the Defense Advanced Research Projects
Agency may carry out a pilot program to assess the feasibility and
advisability of temporarily assigning covered individuals with
significant technical expertise in research and development areas of
critical importance to defense missions to the Defense Advanced Research
Projects Agency to lead research or development projects of the Agency.
(b) Assignment of Covered Individuals.--
(1) Number of individuals assigned.--Under the pilot
program, the Director may assign covered individuals to the
Agency as described in subsection (a), but may not have more
than five covered individuals so assigned at any given time.
(2) Period of assignment.--
(A) Except as provided in subparagraph (B), the
Director may, under the pilot program, assign a covered
individual described in subsection (a) to lead research
and development projects of the Agency for a period of
not more than two years.
(B) The Director may extend the assignment of a
covered individual for one additional period of not more
than two years as the Director considers appropriate.
(3) Application of certain provisions of law.--
(A) Except as otherwise provided in this section,
the Director shall carry out the pilot program in
accordance with the provisions of subchapter VI of
chapter 33 of title 5, United States Code, except that,
for purposes of the pilot program, the term ``other
organization'', as used in such subchapter, shall be
deemed to include a covered entity.
(B) A covered individual employed by a covered
entity who is assigned to the Agency under the pilot
program is deemed to be an employee of the Department of
Defense for purposes of the following provisions of law:
(i) Chapter 73 of title 5, United States Code.
[[Page 128 STAT. 3333]]
(ii) Sections 201, 203, 205, 207, 208, 209,
603, 606, 607, 643, 654, 1905, and 1913 of title
18, United States Code.
(iii) Sections 1343, 1344, and 1349(b) of
title 31, United States Code.
(iv) Chapter 171 of title 28, United States
Code (commonly known as the ``Federal Tort Claims
Act''), and any other Federal tort liability
statute.
(v) The Ethics in Government Act of 1978 (5
U.S.C. App.).
(vi) Section 1043 of the Internal Revenue Code
of 1986.
(vii) Chapter 21 of title 41, United States
Code.
(4) Pay and supervision.--A covered individual employed by a
covered entity who is assigned to the Agency under the pilot
program--
(A) may continue to receive pay and benefits from
such covered entity with or without reimbursement by the
Agency;
(B) is not entitled to pay from the Agency; and
(C) shall be subject to supervision by the Director
in all duties performed for the Agency under the pilot
program.
(c) Conflicts of Interest.--
(1) Practices and procedures required.--The Director shall
develop practices and procedures to manage conflicts of interest
and the appearance of conflicts of interest that could arise
through assignments under the pilot program.
(2) Elements.--The practices and procedures required by
paragraph (1) shall include, at a minimum, the requirement that
each covered individual assigned to the Agency under the pilot
program shall sign an agreement that provides for the following:
(A) The nondisclosure of any trade secrets or other
nonpublic or proprietary information which is of
commercial value to the covered entity from which such
covered individual is assigned.
(B) The assignment of rights to intellectual
property developed in the course of any research or
development project under the pilot program--
(i) to the Agency and its contracting partners
in accordance with applicable provisions of law
regarding intellectual property rights; and
(ii) not to the covered individual or the
covered entity from which such covered individual
is assigned.
(C) Such additional measures as the Director
considers necessary to carry out the program in
accordance with Federal law.
(d) Prohibition on Charges by Covered Entities.--A covered entity
may not charge the Federal Government, as direct or indirect costs under
a Federal contract, the costs of pay or benefits paid by the covered
entity to a covered individual assigned to the Agency under the pilot
program.
(e) Annual Report.--Not later than the first October 31 after the
first fiscal year in which the Director carries out the pilot program
and each October 31 thereafter that immediately follows a fiscal year in
which the Director carries out the pilot program,
[[Page 128 STAT. 3334]]
the Director shall submit to the congressional defense committees a
report on the activities carried out under the pilot program during the
most recently completed fiscal year.
(f) Termination of Authority.--The authority provided in this
section shall expire on September 30, 2025, except that any covered
individual assigned to the Agency under the pilot program shall continue
in such assignment until the terms of such assignment have been
satisfied.
(g) Definitions.--In this section:
(1) The term ``covered individual'' means any individual who
is employed by a covered entity.
(2) The term ``covered entity'' means any non-Federal,
nongovernmental entity that, as of the date on which a covered
individual employed by the entity is assigned to the Agency
under the pilot program, is a nontraditional defense contractor
(as defined in section 2302 of title 10, United States Code).
SEC. 233. <<NOTE: 10 USC 2193a note.>> PILOT PROGRAM ON
ENHANCEMENT OF PREPARATION OF DEPENDENTS
OF MEMBERS OF ARMED FORCES FOR CAREERS IN
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
(a) Pilot Program.--The Secretary of Defense shall carry out a pilot
program to assess the feasibility and advisability of--
(1) enhancing the preparation of covered students for
careers in science, technology, engineering, and mathematics;
and
(2) providing assistance to teachers at covered schools to
enhance preparation described in paragraph (1).
(b) Coordination.--In carrying out the pilot program, the Secretary
shall coordinate with the following:
(1) The Secretaries of the military departments.
(2) The Secretary of Education.
(3) The National Science Foundation.
(4) The heads of such other Federal, State, and local
government and private sector organizations as the Secretary of
Defense considers appropriate.
(c) Activities.--Activities under the pilot program may include the
following:
(1) Establishment of targeted internships and cooperative
research opportunities at defense laboratories and other
technical centers for covered students and teachers at covered
schools.
(2) Establishment of scholarships and fellowships for
covered students.
(3) Efforts and activities that improve the quality of
science, technology, engineering, and mathematics educational
and training opportunities for covered students and teachers at
covered schools, including with respect to improving the
development of curricula at covered schools.
(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal science education for covered
students and teachers at covered schools.
(d) Metrics.--The Secretary shall establish outcome-based metrics
and internal and external assessments to evaluate the merits and
benefits of activities conducted under the pilot program with respect to
the needs of the Department of Defense.
[[Page 128 STAT. 3335]]
(e) Authorities.--In carrying out the pilot program, the Secretary
shall, to the maximum extent practicable, make use of the authorities
under chapter 111 and sections 2601, 2605, and 2374a of title 10, United
States Code, section 219 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note), and such
other authorities as the Secretary considers appropriate.
(f) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on activities carried out under the pilot program.
(g) Termination.--The pilot program shall terminate on September 30,
2020.
(h) Definitions.--In this section:
(1) The term ``covered schools'' means elementary or
secondary schools at which the Secretary determines a
significant number of dependents of members of the Armed Forces
are enrolled.
(2) The term ``covered students'' means dependents of
members of the Armed Forces who are enrolled at a covered
school.
SEC. 234. SENSE OF CONGRESS ON HELICOPTER HEALTH AND USAGE
MONITORING SYSTEM OF THE ARMY.
It is the sense of Congress that--
(1) a health and usage monitoring system for current and
future helicopter platforms of the Army that provides early
warning for failing systems may reduce costly emergency
maintenance, improve maintenance schedules, and increase fleet
readiness; and
(2) the Secretary of the Army should--
(A) consider establishing health and usage
monitoring requirements; and
(B) after any decision to proceed with a program of
record for such system, use full and open competition in
accordance with the Federal Acquisition Regulation.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Elimination of fiscal year limitation on prohibition of
payment of fines and penalties from the Environmental
Restoration Account, Defense.
Sec. 312. Method of funding for cooperative agreements under the Sikes
Act.
Sec. 313. Report on prohibition of disposal of waste in open-air burn
pits.
Sec. 314. Business case analysis of any plan to design, refurbish, or
construct a biofuel refinery.
Sec. 315. Environmental restoration at former Naval Air Station
Chincoteague, Virginia.
Sec. 316. Limitation on availability of funds for procurement of drop-in
fuels.
Sec. 317. Decontamination of a portion of former bombardment area on
island of Culebra, Puerto Rico.
Sec. 318. Alternative fuel automobiles.
Subtitle C--Logistics and Sustainment
Sec. 321. Modification of quarterly readiness reporting requirement.
Sec. 322. Additional requirement for strategic policy on prepositioning
of materiel and equipment.
[[Page 128 STAT. 3336]]
Sec. 323. Elimination of authority of Secretary of the Army to abolish
arsenals.
Sec. 324. Modification of annual reporting requirement related to
prepositioning of materiel and equipment.
Subtitle D--Reports
Sec. 331. Repeal of annual report on Department of Defense operation and
financial support for military museums.
Sec. 332. Army assessment of regionally aligned forces.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Limitation on authority to enter into a contract for the
sustainment, maintenance, repair, or overhaul of the F117
engine.
Sec. 342. Limitation on establishment of regional Special Operations
Forces Coordination Centers.
Sec. 343. Limitation on transfer of MC-12 aircraft to United States
Special Operations Command.
Subtitle F--Other Matters
Sec. 351. Clarification of authority relating to provision of
installation-support services through intergovernmental
support agreements.
Sec. 352. Management of conventional ammunition inventory.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2015
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. ELIMINATION OF FISCAL YEAR LIMITATION ON PROHIBITION OF
PAYMENT OF FINES AND PENALTIES FROM THE
ENVIRONMENTAL RESTORATION ACCOUNT,
DEFENSE.
Section 2703(f) of title 10, United States Code, <<NOTE: 10 USC
2703.>> is amended--
(1) by striking ``for fiscal years 1995 through 2010,''; and
(2) by striking ``for fiscal years 1997 through 2010''.
SEC. 312. METHOD OF FUNDING FOR COOPERATIVE AGREEMENTS UNDER THE
SIKES ACT.
(a) Method of Payments Under Cooperative Agreements.--Subsection (b)
of section 103A of the Sikes Act (16 U.S.C. 670c-1) is amended--
(1) by inserting ``(1)'' before ``Funds''; and
(2) by adding at the end the following new paragraphs:
``(2) In the case of a cooperative agreement under subsection
(a)(2), such funds--
``(A) may be paid in a lump sum and include an amount
intended to cover the future costs of the natural resource
maintenance and improvement activities provided for under the
agreement; and
``(B) may be placed by the recipient in an interest-bearing
or other investment account, and any interest or income shall be
applied for the same purposes as the principal.
``(3) If any funds are placed by a recipient in an interest-bearing
or other investment account under paragraph (2)(B), the
[[Page 128 STAT. 3337]]
Secretary of Defense shall report biennially to the congressional
defense committees on the disposition of such funds.''.
(b) Availability of Funds; Agreement Under Other Laws.--Subsection
(c) of such section is amended to read as follows:
``(c) Availability of Funds; Agreement Under Other Laws.--(1)
Cooperative agreements and interagency agreements entered into under
this section shall be subject to the availability of funds.
``(2) Notwithstanding chapter 63 of title 31, United States Code, a
cooperative agreement under this section may be used to acquire property
or services for the direct benefit or use of the United States
Government.''.
SEC. 313. REPORT ON PROHIBITION OF DISPOSAL OF WASTE IN OPEN-AIR
BURN PITS.
(a) Review and Report Required.--The Secretary of Defense shall
conduct a review of the compliance of the military departments and
combatant commands with Department of Defense Instruction 4715.19 and
with section 317 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2249; 10 U.S.C. 2701 note)
regarding the disposal of covered waste in burn pits. Not later than one
year after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report containing the
results of such review. Such report shall address each of the following:
(1) The reporting of covered waste through environmental
surveys and assessments, including environmental condition
reports, of base camps supporting a contingency operation.
(2) How covered waste and non-covered waste is defined and
identified in environmental surveys and assessments covered by
paragraph (1), in policies, instructions, and guidance issued by
the Department of Defense, the military departments, and the
combatant commands, and in the oversight of contracts for, and
the operation of, waste disposal facilities at base camps
supporting contingency operations.
(3) Whether the two categories of waste are appropriately
and clearly distinguished in such surveys and assessments.
(4) The current decision authority responsible for
determinations regarding whether a base camp supporting a
contingency operation is in compliance with the Department of
Defense Instruction and section 317 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2249; 10 U.S.C. 2701 note) and the chain of command by
which such determinations are made and reported.
(5) The process through which a waiver of the prohibition on
disposal of covered waste in a burn pit is requested and
approved, and the process by which Congress is notified of such
waiver, pursuant to the applicable provision of law, and how
such processes could be improved.
(6) Updates to policies, guidelines, and instructions that
have been undertaken pursuant to the review to address gaps and
deficiencies regarding covered waste disposal to ensure
compliance.
(7) Other matters or recommendations the Secretary of
Defense determines are appropriate.
(b) Comptroller General Review.--Not later than 120 days after the
date on which the Secretary of Defense submits the
[[Page 128 STAT. 3338]]
report required under subsection (a), the Comptroller General of the
United States shall submit to the congressional defense committees a
report containing the assessment of the Comptroller General of the
methodology used by the Secretary of Defense in conducting the review
under subsection (a), the adequacy of the report, compliance with
Department of Defense Instruction and applicable law regarding the
disposal of covered waste in burn pits by the military departments and
combatant commands, and any additional findings or recommendations the
Comptroller General determines are appropriate.
(c) Definitions.--In this section:
(1) The term ``covered waste'' has the meaning given that
term in section 317(d)(2) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2249; 10
U.S.C. 2701 note).
(2) The term ``base camp supporting a contingency
operation'' means any base, location, site, cooperative security
location, forward operating base, forward operating site, main
operating base, patrol base, or other location as determined by
the Secretary from which support is provided to a contingency
operation that--
(A) has at least 100 attached or assigned United
States personnel; and
(B) is in place for a period of time of 90 days or
longer.
(3) The term ``burn pit'' means an area that--
(A) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for burning of solid waste; and
(B) is designated for the purpose of disposing of
solid waste by burning in the outdoor air;
(C) is in a location where at least 100 United
States personnel are attached or assigned; and
(D) is in place longer than 90 days.
(4) The term ``contingency operation'' has the meaning given
such term in section 101(a)(13) of title 10, United States Code.
SEC. 314. <<NOTE: 10 USC 2911 note.>> BUSINESS CASE ANALYSIS OF
ANY PLAN TO DESIGN, REFURBISH, OR
CONSTRUCT A BIOFUEL REFINERY.
Not later than 30 days before entering into a contract for the
planning, design, refurbishing, or construction of a biofuel refinery,
or of any other facility or infrastructure used to refine biofuels, the
Secretary of Defense or the Secretary of the military department
concerned shall submit to the congressional defense committees a
business case analysis for such planning, design, refurbishing, or
construction.
SEC. 315. ENVIRONMENTAL RESTORATION AT FORMER NAVAL AIR STATION
CHINCOTEAGUE, VIRGINIA.
(a) Environmental Restoration Project.--Notwithstanding the
administrative jurisdiction of the Administrator of the National
Aeronautics and Space Administration over the Wallops Flight Facility,
Virginia, the Secretary of Defense may undertake an environmental
restoration project in a manner consistent with chapter 160 of title 10,
United States Code, at the property constituting that facility in order
to provide necessary response actions for contamination from a release
of a hazardous substance or a pollutant or contaminant that is
attributable to the activities of
[[Page 128 STAT. 3339]]
the Department of Defense at the time the property was under the
administrative jurisdiction of the Secretary of the Navy or used by the
Navy pursuant to a permit or license issued by the National Aeronautics
and Space Administration in the area formerly known as the Naval Air
Station, Chincoteague, Virginia. Any such project may be undertaken
jointly or in conjunction with an environmental restoration project of
the Administrator.
(b) Interagency Agreement.--The Secretary and the Administrator may
enter into an agreement or agreements to provide for the effective and
efficient performance of environmental restoration projects for purposes
of subsection (a). Notwithstanding section 2215 of title 10, United
States Code, any such agreement may provide for environmental
restoration projects conducted jointly or by one agency on behalf of the
other or both agencies and for reimbursement of the agency conducting
the project by the other agency for that portion of the project for
which the reimbursing agency has authority to respond.
(c) Source of Department of Defense Funds.--Pursuant to section
2703(c) of title 10, United States Code, the Secretary may use funds
available in the Environmental Restoration, Formerly Used Defense Sites,
account of the Department of Defense for environmental restoration
projects conducted for or by the Secretary under subsection (a) and for
reimbursable agreements entered into under subsection (b).
(d) No Effect on Compliance With Environmental Laws.--Nothing in
this section affects or limits the application of or obligation to
comply with any environmental law, including the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
SEC. 316. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
DROP-IN FUELS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the
Department of Defense may be obligated or expended to make a bulk
purchase of a drop-in fuel for operational purposes unless the fully
burdened cost of that drop-in fuel is cost-competitive with the fully
burdened cost of a traditional fuel available for the same purpose.
(b) Waiver.--
(1) In general.--Subject to the requirements of paragraph
(2), the Secretary of Defense may waive the limitation under
subsection (a) with respect to a purchase.
(2) Notice required.--Not later than 30 days after issuing a
waiver under this subsection, the Secretary shall submit to the
congressional defense committees notice of the waiver. Any such
notice shall include each of the following:
(A) The rationale of the Secretary for issuing the
waiver.
(B) A certification that the waiver is in the
national security interest of the United States.
(C) The expected fully burdened cost of the purchase
for which the waiver is issued.
(c) <<NOTE: 10 USC 2922 note.>> Notice of Purchase Required.--If
the Secretary of Defense intends to purchase a drop-in fuel intended for
operational use with a fully burdened cost in excess of 10 percent more
than
[[Page 128 STAT. 3340]]
the fully burdened cost of a traditional fuel available for the same
purpose, the Secretary shall provide notice of such intended purchase to
the congressional defense committees by not later than 30 days before
the date on which such purchase is intended to be made.
(d) <<NOTE: 10 USC 2922 note.>> Definitions.--In this section:
(1) The term ``drop-in fuel'' means a neat or blended liquid
hydrocarbon fuel designed as a direct replacement for a
traditional fuel with comparable performance characteristics and
compatible with existing infrastructure and equipment.
(2) The term ``traditional fuel'' means a liquid hydrocarbon
fuel derived or refined from petroleum.
(3) The term ``operational purposes'' means for the purposes
of conducting military operations, including training,
exercises, large scale demonstrations, and moving and sustaining
military forces and military platforms. The term does not
include research, development, testing, evaluation, fuel
certification, or other demonstrations.
(4) The term ``fully burdened cost'' means the commodity
price of the fuel plus the total cost of all personnel and
assets required to move and, when necessary, protect the fuel
from the point at which the fuel is received from the commercial
supplier to the point of use.
SEC. 317. DECONTAMINATION OF A PORTION OF FORMER BOMBARDMENT AREA
ON ISLAND OF CULEBRA, PUERTO RICO.
(a) Sense of Congress.--It is the sense of Congress that certain
limited portions of the former bombardment area on the Island of Culebra
should be available for safe public recreational use while the remainder
of the area is most advantageously reserved as habitat for endangered
and threatened species.
(b) Modification of Restriction on Decontamination Limitation.--The
first sentence of section 204(c) of the Military Construction
Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668) shall not
apply to the beaches, the campgrounds, and the Carlos Rosario Trail.
(c) Modification of Deed Restrictions.--Notwithstanding paragraph 9
of the quitclaim deed, the Secretary of the Army may expend funds
available in the Environmental Restoration Account, Formerly Used
Defense Sites, established pursuant to section 2703(a)(5) of title 10,
United States Code, to decontaminate the beaches, the campgrounds, and
the Carlos Rosario Trail of unexploded ordnance.
(d) Precise Boundaries.--The Secretary of the Army shall determine
the exact boundaries of the beaches, the campgrounds, and the Carlos
Rosario Trail for purposes of this section.
(e) Definitions.--In this section:
(1) The term ``beaches'' means the portions of Carlos
Rosario Beach, Flamenco Beach, and Tamarindo Beach identified in
green in Figure 4 as Beach and located inside of the former
bombardment area.
(2) The term ``campgrounds'' means the areas identified in
blue in Figure 4 as Campgrounds in the former bombardment area.
(3) The term ``Carlos Rosario Trail'' means the trail
identified in yellow in Figure 4 as the Carlos Rosario Trail and
[[Page 128 STAT. 3341]]
traversing the southern portion of the former bombardment area
from the campground to the Carlos Rosario Beach.
(4) The term ``Figure 4'' means Figure 4, located on page 8
of the study.
(5) The term ``former bombardment area'' means that area on
the Island of Culebra, Commonwealth of Puerto Rico, consisting
of approximately 408 acres, conveyed to the Commonwealth by the
quitclaim deed, and subject to the first sentence of section
204(c) of the Military Construction Authorization Act, 1974
(Public Law 93-166; 87 Stat. 668).
(6) The term ``quitclaim deed'' means the quitclaim deed
from the United States of America to the Commonwealth of Puerto
Rico conveying the former bombardment area, signed by the
Governor of Puerto Rico on December 20, 1982.
(7) The term ``study'' means the ``Study Relating to the
Presence of Unexploded Ordnance in a Portion of the Former Naval
Bombardment Area of Culebra Island, Commonwealth of Puerto
Rico'', dated April 20, 2012, prepared by the United States Army
for the Department of Defense pursuant to section 2815 of the
Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4464).
(8) The term ``unexploded ordnance'' has the meaning given
the term in section 101(e)(5) of title 10, United States Code.
SEC. 318. ALTERNATIVE FUEL AUTOMOBILES.
(a) Maximum Fuel Economy Increase for Alternative Fuel
Automobiles.--Section 32906(a) of title 49, <<NOTE: 49 USC 32906.>>
United States Code, is amended by striking ``(except an electric
automobile)'' and inserting ``(except an electric automobile or,
beginning with model year 2016, an alternative fueled automobile that
uses a fuel described in subparagraph (E) of section 32901(a)(1))''.
(b) Minimum Driving Ranges for Dual Fueled Passenger Automobiles.--
Section 32901(c)(2) of title 49, United States Code, is amended--
(1) in subparagraph (B), by inserting ``, except that
beginning with model year 2016, alternative fueled automobiles
that use a fuel described in subparagraph (E) of subsection
(a)(1) shall have a minimum driving range of 150 miles'' after
``at least 200 miles''; and
(2) in subparagraph (C), by adding at the end the following:
``Beginning with model year 2016, if the Secretary prescribes a
minimum driving range of 150 miles for alternative fueled
automobiles that use a fuel described in subparagraph (E) of
subsection (a)(1), subparagraph (A) shall not apply to dual
fueled automobiles (except electric automobiles).''.
(c) Electric Dual Fueled Automobiles.--Section 32905 of title 49,
United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Electric Dual Fueled Automobiles.--
``(1) In general.--At the request of the manufacturer, the
Administrator may measure the fuel economy for any model of dual
fueled automobile manufactured after model year 2015 that is
capable of operating on electricity in addition to gasoline or
diesel fuel, obtains its electricity from a source external
[[Page 128 STAT. 3342]]
to the vehicle, and meets the minimum driving range requirements
established by the Secretary for dual fueled electric
automobiles, by dividing 1.0 by the sum of--
``(A) the percentage utilization of the model on
gasoline or diesel fuel, as determined by a formula
based on the model's alternative fuel range, divided by
the fuel economy measured under section 32904(c); and
``(B) the percentage utilization of the model on
electricity, as determined by a formula based on the
model's alternative fuel range, divided by the fuel
economy measured under section 32904(a)(2).
``(2) Alternative calculation.--If the manufacturer does not
request that the Administrator calculate the manufacturing
incentive for its electric dual fueled automobiles in accordance
with paragraph (1), the Administrator shall calculate such
incentive for such automobiles manufactured by such manufacturer
after model year 2015 in accordance with subsection (b).''.
(d) Conforming Amendment.--Section 32906(b) of title 49, United
States Code, <<NOTE: 49 USC 32906.>> is amended by striking ``section
32905(e)'' and inserting ``section 32905(f)''.
Subtitle C--Logistics and Sustainment
SEC. 321. MODIFICATION OF QUARTERLY READINESS REPORTING
REQUIREMENT.
Section 482 of title 10, United States Code, <<NOTE: 10 USC 482.>>
is amended--
(1) in subsection (a)--
(A) by inserting ``the'' before ``military
readiness'';
(B) by inserting ``of the active and reserve
components'' after ``military readiness''; and
(C) by striking ``subsections (b), (d), (f), (g),
(h), (i), (j), and (k)'' and all that follows through
the period at the end and inserting ``subsections (b),
(d), (e), (f), (g), (h), and (i).'';
(2) by striking subsections (d), (e), (f), and (k);
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Prepositioned Stocks.--Each report shall also include a
military department-level or agency-level assessment of the readiness of
prepositioned stocks, including--
``(1) an assessment of the fill and materiel readiness of
stocks by geographic location;
``(2) an overall assessment by military department or
Defense Agency of the ability of the respective stocks to meet
operation and contingency plans; and
``(3) a mitigation plan for any shortfalls or gaps
identified under paragraph (1) or (2) and a timeline associated
with corrective action.'';
(4) by redesignating subsections (g), (h), (i), (j), and (l)
as subsections (e), (f), (g), (h), and (j) respectively;
(5) in subsection (e)(1), as redesignated by paragraph (4),
by striking ``National Response Plan'' and inserting ``National
Response Framework'';
(6) in subsection (f), as so redesignated, by adding at the
end the following new paragraph:
[[Page 128 STAT. 3343]]
``(3) The assessment included in the report under paragraph (1) by
the Commander of the United States Strategic Command shall include a
separate assessment prepared by the Commander of United States Cyber
Command relating to the readiness of United States Cyber Command and the
readiness of the cyber force of each of the military departments.'';
(7) in subsection (h), as so redesignated--
(A) in the subsection heading, by inserting ``and
Related'' after ``Support'';
(B) in paragraph (1), by striking ``combat support
agencies'' and inserting ``combat support and related
agencies''; and
(C) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``combat support agency''
and inserting ``combat support and related agencies'';
and
(8) by inserting after subsection (h) the following new
subsection (i):
``(i) Major Exercise Assessments.--(1) Each report under this
section shall also include information on each major exercise conducted
by a geographic or functional combatant command or military department,
including--
``(A) a list of exercises by name for the period covered by
the report;
``(B) the cost and location of each such exercise; and
``(C) a list of participants by country or military
department.
``(2) In this subsection, the term `major exercise' means a named
major training event, an integrated or joint exercise, or a unilateral
major exercise.''.
SEC. 322. ADDITIONAL REQUIREMENT FOR STRATEGIC POLICY ON
PREPOSITIONING OF MATERIEL AND EQUIPMENT.
Section 2229(a)(1) of title 10, United States Code, <<NOTE: 10 USC
2229.>> is amended by inserting ``support for crisis response
elements,'' after ``service requirements,''.
SEC. 323. ELIMINATION OF AUTHORITY OF SECRETARY OF THE ARMY TO
ABOLISH ARSENALS.
(a) In General.--Section 4532 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``(a) The Secretary'' and
inserting ``The Secretary'';
(2) by striking subsection (b); and
(3) in the section heading, by striking ``; abolition of''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 433 of such title <<NOTE: 10 USC prec. 4531.>> is amended by
striking the item relating to section 4532 and inserting the following
new item:
``4532. Factories and arsenals: manufacture at.''.
SEC. 324. MODIFICATION OF ANNUAL REPORTING REQUIREMENT RELATED TO
PREPOSITIONING OF MATERIEL AND EQUIPMENT.
Section 321(c) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 732; 10 U.S.C. 2229 note) is
amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) Initial report.--Not later than'';
(2) by striking ``, and annually thereafter''; and
[[Page 128 STAT. 3344]]
(3) by adding at the end the following new paragraph:
``(2) Progress reports.--Not later than one year after
submitting the report required under paragraph (1), and annually
thereafter for two years, the Comptroller General shall submit
to the congressional defense committees a report assessing the
progress of the Department of Defense in implementing its
strategic policy and plan for its prepositioned stocks and
including any additional information related to the Department's
management of its prepositioned stocks that the Comptroller
General determines appropriate.''.
Subtitle D--Reports
SEC. 331. REPEAL OF ANNUAL REPORT ON DEPARTMENT OF DEFENSE
OPERATION AND FINANCIAL SUPPORT FOR
MILITARY MUSEUMS.
(a) In General.--Section 489 of title 10, United States <<NOTE: 10
USC 489.>> Code, is repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of such title <<NOTE: 10 USC prec. 480.>> is amended by
striking the item relating to section 489.
SEC. 332. ARMY ASSESSMENT OF REGIONALLY ALIGNED FORCES.
At the same time as the President transmits to Congress the budget
for fiscal year 2016 under section 1105 of title 31, United States Code,
the Secretary of the Army shall submit to the congressional defense
committees an assessment of how the Army has--
(1) captured and incorporated lessons learned through the
initial employment of the regionally aligned forces;
(2) identified, where appropriate, institutionalized and
improved region-specific initial, sustaining, and predeployment
training;
(3) improved the coordination of activities among special
operations forces, Army regionally aligned forces, Department of
State country teams, contractors of the Department of State and
the Department of Defense, the geographic combatant commands,
the Joint Staff, and international partners;
(4) identified and evaluated the various Department of
Defense appropriations accounts at the subactivity group,
project, program, and activity level and other sources of
Federal resources used to fund activities of regionally aligned
forces, including the amount of funds obligated or expended from
each such account;
(5) identified and assessed the effects associated with
activities of regionally aligned forces conducted to meet
Department of Defense and geographic combatant command security
cooperation requirements;
(6) identified and assessed the effect on the core mission
readiness of regionally aligned forces while supporting
geographic combatant commander requirements through regionally
aligned force activities, and, in the case of any such effect
that is assessed as degrading the core mission readiness of such
forces, identified plans to mitigate such degradation;
(7) identified and assessed opportunities, costs, benefits,
and risks associated with the potential expansion of the
regionally aligned forces model; and
[[Page 128 STAT. 3345]]
(8) identified and assessed opportunities, costs, benefits,
and risks associated with retaining or ensuring the availability
of regional expertise within forces as aligned to a specific
region.
Subtitle E--Limitations and Extensions of Authority
SEC. 341. LIMITATION ON AUTHORITY TO ENTER INTO A CONTRACT FOR THE
SUSTAINMENT, MAINTENANCE, REPAIR, OR
OVERHAUL OF THE F117 ENGINE.
The Secretary of the Air Force may not enter into a contract for the
sustainment, maintenance, repair, or overhaul of the F117 engine until
the Under Secretary of Defense for Acquisition, Technology, and
Logistics certifies to the congressional defense committees that the
Secretary of the Air Force has obtained sufficient data to determine
that the Secretary of the Air Force is paying a fair and reasonable
price for F117 sustainment, maintenance, repair, or overhaul as compared
to the PW2000 commercial-derivative engine sustainment price for
sustainment, maintenance, repair, or overhaul in the private sector. The
Secretary may waive the limitation in the preceding sentence to enter
into a contract if the Secretary determines that such a waiver is in the
interest of national security.
SEC. 342. LIMITATION ON ESTABLISHMENT OF REGIONAL SPECIAL
OPERATIONS FORCES COORDINATION CENTERS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2015 for the Department of
Defense may be obligated or expended to establish Regional Special
Operations Forces Coordination Centers.
SEC. 343. LIMITATION ON TRANSFER OF MC-12 AIRCRAFT TO UNITED
STATES SPECIAL OPERATIONS COMMAND.
(a) Limitation.--Except as provided under subsection (c), none of
the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2015 for the Department of Defense for
operation and maintenance, Defense-wide, may be obligated or expended
for the transfer of MC-12 aircraft from the Air Force to the United
States Special Operations Command before the date that is 60 days after
the date of the delivery of the report required under subsection (b).
(b) Report Required.--
(1) In general.--Not later than March 1, 2015, the Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict, in coordination with the Commander of the United
States Special Operations Command, shall submit to the
congressional defense committees a report containing an analysis
and justification for the transfer of MC-12 aircraft from the
Air Force to the United States Special Operations Command.
(2) Elements.--The report required under paragraph (1) shall
include--
(A) a description of the current platform
requirements for manned intelligence, surveillance, and
reconnaissance aircraft to support United States Special
Operations Forces;
[[Page 128 STAT. 3346]]
(B) an analysis of alternatives comparing various
manned intelligence, surveillance, and reconnaissance
aircraft, including U-28 aircraft, in meeting the
platform requirements for manned intelligence,
surveillance, and reconnaissance aircraft to support
United States Special Operations Forces;
(C) an analysis of the remaining service life of the
U-28 aircraft to be divested by the United States
Special Operations Command and the MC-12 aircraft to be
transferred from the Air Force;
(D) a description of the future manned intelligence,
surveillance, and reconnaissance platform requirements
of the United States Special Operations Command for
areas outside of Afghanistan, including range, payload,
endurance, and other requirements, as defined by the
Command's ``Intelligence, Surveillance, and
Reconnaissance Road Map'';
(E) an analysis of the cost to convert MC-12
aircraft to provide intelligence, surveillance, and
reconnaissance capabilities equal to or better than
those provided by the U-28 aircraft;
(F) a description of the engineering and integration
needed to convert MC-12 aircraft to provide
intelligence, surveillance, and reconnaissance
capabilities equal to or better than those provided by
the U-28 aircraft; and
(G) the expected annual cost to operate 16 U-28
aircraft as a Government-owned, contractor operated
program.
(c) Exception.--Subsection (a) does not apply to up to 13 aircraft
designated by the Secretary of the Air Force to be transferred from the
Air Force to the United States Special Operations Command and flown by
the Air National Guard in support of special operations aviation foreign
internal defense and intelligence, surveillance, and reconnaissance
requirements.
Subtitle F--Other Matters
SEC. 351. CLARIFICATION OF AUTHORITY RELATING TO PROVISION OF
INSTALLATION-SUPPORT SERVICES THROUGH
INTERGOVERNMENTAL SUPPORT AGREEMENTS.
(a) Transfer of Section 2336 to Chapter 159.--
(1) Transfer and redesignation.--Section 2336 of title 10,
United States Code, <<NOTE: 10 USC 2336, 2679.>> is transferred
to chapter 159 of such title, inserted after section 2678, and
redesignated as section 2679.
(2) Revised section heading.--The heading of such section,
as so transferred and redesignated, is amended to read as
follows:
``Sec. 2679. Installation-support services: intergovernmental
support agreements''.
(b) Clarifying Amendments.--Such section, as so transferred and
redesignated, is further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``The Secretary concerned''
and inserting ``Notwithstanding any other
provision of law
[[Page 128 STAT. 3347]]
governing the award of Federal government
contracts for goods and services, the Secretary
concerned''; and
(ii) by striking ``a State or local'' and
inserting ``, on a sole source basis, with a State
or local'';
(B) in paragraph (2)--
(i) by striking ``Notwithstanding any other
provision of law, an'' and inserting ``An'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B) respectively; and
(C) by adding at the end the following new
paragraph:
``(4) Any contract for the provision of installation-support
services awarded by the Federal Government or a State or local
government pursuant to an intergovernmental support agreement provided
in subsection (a) shall be awarded on a competitive basis.''.
(2) by adding at the end of subsection (e) the following new
paragraph:
``(4) The term `intergovernmental support agreement' means a
legal instrument reflecting a relationship between the Secretary
concerned and a State or local government that contains such
terms and conditions as the Secretary concerned considers
appropriate for the purposes of this section and necessary to
protect the interests of the United States.''.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 137 of
such title <<NOTE: 10 USC prec. 2301.>> is amended by striking
the item relating to section 2336.
(2) The table of sections at the beginning of chapter 159 of
such title <<NOTE: 10 USC prec. 2661.>> is amended by inserting
after the item relating to section 2678 the following new item:
``2679. Installation-support services: intergovernmental support
agreements.''.
SEC. 352. MANAGEMENT OF CONVENTIONAL AMMUNITION INVENTORY.
(a) <<NOTE: 10 USC 2458 note.>> Consolidation of Data.--Not later
than 240 days after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
issue Department-wide guidance designating an authoritative source of
data for conventional ammunition. Not later than 10 days after issuing
the guidance required by this subsection, the Under Secretary shall
notify the congressional defense committees on what source of data has
been designated under this subsection.
(b) <<NOTE: 10 USC 2458 note.>> Annual Report.--The Secretary of
the Army shall include in the appropriate annual ammunition inventory
reports, as determined by the Secretary, information on all available
ammunition for use during the redistribution process, including any
ammunition that was unclaimed and categorized for disposal by another
military service during a year before the year during which the report
is submitted.
(c) Briefing and Report.--
(1) In general.--The Comptroller General of the United
States shall provide to the congressional defense committees a
briefing and a report on the management of the conventional
ammunition demilitarization stockpile of the Department of
Defense.
(2) Elements.--The briefing and report required by paragraph
(1) shall include each of the following:
[[Page 128 STAT. 3348]]
(A) An assessment of the adequacy of Department of
Defense policies and procedures governing the
demilitarization of excess, obsolete, and unserviceable
conventional ammunition.
(B) An assessment of the adequacy of the maintenance
by the Department of information on the quantity, value,
condition, and location of excess, obsolete, and
unserviceable conventional ammunition for each of the
Armed Forces.
(C) An assessment of whether the Department has
conducted an analysis comparing the costs of storing and
maintaining items in the conventional ammunition
demilitarization stockpile with the costs of the
disposal of items in the stockpile.
(D) An assessment of whether the Department has--
(i) identified challenges in managing the
current and anticipated conventional ammunition
demilitarization stockpile; and
(ii) if so, developed mitigation plans to
address such challenges.
(E) Such other matters relating to the management of
the conventional ammunition demilitarization stockpile
as the Comptroller General considers appropriate.
(3) Deadlines.--The briefing required by paragraph (1) shall
be provided by not later than April 30, 2015. The report
required by that paragraph shall be submitted not later than
June 1, 2015.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2015 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
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, 2015, as follows:
(1) The Army, 490,000.
(2) The Navy, 323,600.
(3) The Marine Corps, 184,100.
(4) The Air Force, 312,980.
[[Page 128 STAT. 3349]]
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, <<NOTE: 10 USC
691.>> is amended by striking paragraphs (1) through (4) and inserting
the following new paragraphs:
``(1) For the Army, 490,000.
``(2) For the Navy, 323,600.
``(3) For the Marine Corps, 184,100.
``(4) For the Air Force, 310,900.''.
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,
2015, as follows:
(1) The Army National Guard of the United States, 350,200.
(2) The Army Reserve, 202,000.
(3) The Navy Reserve, 57,300.
(4) The Marine Corps Reserve, 39,200.
(5) The Air National Guard of the United States, 105,000.
(6) The Air Force Reserve, 67,100.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2015,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 31,385.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 9,973.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,704.
[[Page 128 STAT. 3350]]
(6) The Air Force Reserve, 2,830.
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 2015 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
27,210.
(2) For the Army Reserve, 7,895.
(3) For the Air National Guard of the United States, 21,792.
(4) For the Air Force Reserve, 9,789.
SEC. 414. FISCAL YEAR 2015 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard as
of September 30, 2015, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United States,
350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2015, may not
exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2015, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2015, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2015 for the use
[[Page 128 STAT. 3351]]
of the Armed Forces and other activities and agencies of the Department
of Defense for expenses, not otherwise provided for, for military
personnel, as specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2015.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority to limit consideration for early retirement by
selective retirement boards to particular warrant officer
year groups and specialties.
Sec. 502. Authority for three-month deferral of retirement for officers
selected for selective early retirement.
Sec. 503. Repeal of limits on percentage of officers who may be
recommended for discharge during a fiscal year under enhanced
selective discharge authority.
Sec. 504. Reports on number and assignment of enlisted aides for
officers of the Army, Navy, Air Force, and Marine Corps.
Sec. 505. Repeal of requirement for submission to Congress of annual
reports on joint officer management and promotion policy
objectives for joint officers.
Sec. 506. Options for Phase II of joint professional military education.
Sec. 507. Elimination of requirement that a qualified aviator or naval
flight officer be in command of an inactivated nuclear-
powered aircraft carrier before decommissioning.
Sec. 508. Required consideration of certain elements of command climate
in performance appraisals of commanding officers.
Subtitle B--Reserve Component Management
Sec. 511. Retention on the reserve active-status list following
nonselection for promotion of certain health professions
officers and first lieutenants and lieutenants (junior grade)
pursuing baccalaureate degrees.
Sec. 512. Consultation with Chief of the National Guard Bureau in
selection of Directors and Deputy Directors, Army National
Guard and Air National Guard.
Sec. 513. Centralized database of information on military technician
positions.
Sec. 514. Report on management of personnel records of members of the
National Guard.
Subtitle C--General Service Authorities
Sec. 521. Enhancement of participation of mental health professionals in
boards for correction of military records and boards for
review of discharge or dismissal of members of the Armed
Forces.
Sec. 522. Extension of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 523. Provision of information to members of the Armed Forces on
privacy rights relating to receipt of mental health services.
Sec. 524. Removal of artificial barriers to the service of women in the
Armed Forces.
Subtitle D--Military Justice, Including Sexual Assault and Domestic
Violence Prevention and Response
Sec. 531. Technical revisions and clarifications of certain provisions
in the National Defense Authorization Act for Fiscal Year
2014 relating to the military justice system.
Sec. 532. Ordering of depositions under the Uniform Code of Military
Justice.
Sec. 533. Access to Special Victims' Counsel.
Sec. 534. Enhancement of victims' rights in connection with prosecution
of certain sex-related offenses.
Sec. 535. Enforcement of crime victims' rights related to protections
afforded by certain Military Rules of Evidence.
Sec. 536. Modification of Military Rules of Evidence relating to
admissibility of general military character toward
probability of innocence.
[[Page 128 STAT. 3352]]
Sec. 537. Modification of Rule 513 of the Military Rules of Evidence,
relating to the privilege against disclosure of
communications between psychotherapists and patients.
Sec. 538. Modification of Department of Defense policy on retention of
evidence in a sexual assault case to permit return of
personal property upon completion of related proceedings.
Sec. 539. Requirements relating to Sexual Assault Forensic Examiners for
the Armed Forces.
Sec. 540. Modification of term of judges of the United States Court of
Appeals for the Armed Forces.
Sec. 541. Review of decisions not to refer charges of certain sex-
related offenses for trial by court-martial if requested by
chief prosecutor.
Sec. 542. Analysis and assessment of disposition of most serious
offenses identified in unrestricted reports on sexual
assaults in annual reports on sexual assaults in the Armed
Forces.
Sec. 543. Plan for limited use of certain information on sexual assaults
in restricted reports by military criminal investigative
organizations.
Sec. 544. Improved Department of Defense information reporting and
collection of domestic violence incidents involving members
of the Armed Forces.
Sec. 545. Additional duties for judicial proceedings panel.
Sec. 546. Defense Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces.
Sec. 547. Confidential review of characterization of terms of discharge
of members of the Armed Forces who are victims of sexual
offenses.
Subtitle E--Member Education, Training, and Transition
Sec. 551. Enhancement of authority to assist members of the Armed Forces
to obtain professional credentials.
Sec. 552. Applicability of sexual assault prevention and response and
related military justice enhancements to military service
academies.
Sec. 553. Authorized duration of foreign and cultural exchange
activities at military service academies.
Sec. 554. Enhancement of authority to accept support for Air Force
Academy athletic programs.
Sec. 555. Pilot program to assist members of the Armed Forces in
obtaining post-service employment.
Sec. 556. Plan for education of members of Armed Forces on cyber
matters.
Sec. 557. Enhancement of information provided to members of the Armed
Forces and veterans regarding use of Post-9/11 Educational
Assistance and Federal financial aid through Transition
Assistance Program.
Sec. 558. Procedures for provision of certain information to State
veterans agencies to facilitate the transition of members of
the Armed Forces from military service to civilian life.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
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. Amendments to the Impact Aid Improvement Act of 2012.
Sec. 564. Authority to employ non-United States citizens as teachers in
Department of Defense overseas dependents' school system.
Sec. 565. Inclusion of domestic dependent elementary and secondary
schools among functions of Advisory Council on Dependents'
Education.
Sec. 566. Protection of child custody arrangements for parents who are
members of the Armed Forces.
Sec. 567. Improved consistency in data collection and reporting in Armed
Forces suicide prevention efforts.
Sec. 568. Improved data collection related to efforts to reduce
underemployment of spouses of members of the Armed Forces and
close the wage gap between military spouses and their
civilian counterparts.
Subtitle G--Decorations and Awards
Sec. 571. Medals for members of the Armed Forces and civilian employees
of the Department of Defense who were killed or wounded in an
attack by a foreign terrorist organization.
Sec. 572. Authorization for award of the Medal of Honor to members of
the Armed Forces for acts of valor during World War I.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 581. Review and report on military programs and controls regarding
professionalism.
[[Page 128 STAT. 3353]]
Sec. 582. Review and report on prevention of suicide among members of
United States Special Operations Forces.
Sec. 583. Review and report on provision of job placement assistance and
related employment services directly to members of the
reserve components.
Sec. 584. Report on foreign language, regional expertise, and culture
considerations in overseas military operations.
Sec. 585. Deadline for submission of report containing results of review
of Office of Diversity Management and Equal Opportunity role
in sexual harassment cases.
Sec. 586. Independent assessment of risk and resiliency of United States
Special Operations Forces and effectiveness of the
Preservation of the Force and Families and Human Performance
Programs.
Sec. 587. Comptroller General report on hazing in the Armed Forces.
Sec. 588. Comptroller General report on impact of certain mental and
physical trauma on discharges from military service for
misconduct.
Subtitle I--Other Matters
Sec. 591. Inspection of outpatient residential facilities occupied by
recovering service members.
Sec. 592. Designation of voter assistance offices.
Sec. 593. Repeal of electronic voting demonstration project.
Sec. 594. Authority for removal from national cemeteries of remains of
certain deceased members of the Armed Forces who have no
known next of kin.
Sec. 595. Sense of Congress regarding leaving no member of the Armed
Forces unaccounted for during the drawdown of United States
forces in Afghanistan.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY TO LIMIT CONSIDERATION FOR EARLY RETIREMENT BY
SELECTIVE RETIREMENT BOARDS TO PARTICULAR
WARRANT OFFICER YEAR GROUPS AND
SPECIALTIES.
Section 581(d) of title 10, United States Code, <<NOTE: 10 USC
581.>> is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by designating the second sentence of paragraph (1) as
paragraph (2); and
(3) in paragraph (2), as so designated--
(A) by striking ``the list shall include each'' and
inserting ``the list shall include--
``(A) the name of each'';
(B) by striking the period at the end and inserting
``; or''; and
(C) by adding at the end the following new
subparagraph:
``(B) with respect to a group of warrant officers designated
under subparagraph (A) who are in a particular grade and
competitive category, only those warrant officers in that grade
and competitive category who are also in a particular year group
or specialty, or any combination thereof determined by the
Secretary concerned.''.
SEC. 502. AUTHORITY FOR THREE-MONTH DEFERRAL OF RETIREMENT FOR
OFFICERS SELECTED FOR SELECTIVE EARLY
RETIREMENT.
(a) Warrant Officers.--Section 581(e) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary concerned'';
(2) by striking ``90 days'' and inserting ``three months'';
and
(3) by adding at the end the following new paragraph:
[[Page 128 STAT. 3354]]
``(2) An officer recommended for early retirement under this
section, if approved for deferral under paragraph (1), shall be retired
on the date requested by the officer, and approved by the Secretary
concerned, which date shall be not later than the first day of the tenth
calendar month beginning after the month in which the Secretary
concerned approves the report of the board which recommended the officer
for early retirement.''.
(b) Officers on the Active-duty List.--Section 638(b) of such title
is <<NOTE: 10 USC 638.>> amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1)(A) An officer in a grade below brigadier general or rear
admiral (lower half) who is recommended for early retirement under this
section or section 638a of this title and whose early retirement is
approved by the Secretary concerned shall be retired, under any
provision of law under which he is eligible to retire, on the date
requested by him and approved by the Secretary concerned, which date
shall be not later than the first day of the seventh calendar month
beginning after the month in which the Secretary concerned approves the
report of the board which recommended the officer for early retirement.
``(B) If an officer described in subparagraph (A) is not eligible
for retirement under any provision of law, the officer shall be retained
on active duty until the officer is qualified for retirement under
section 3911, 6323, or 8911 of this title, and then be retired under
that section, unless the officer is sooner retired or discharged under
some other provision of law, with such retirement under that section
occurring not later than the later of the following:
``(i) The first day of the month beginning after the month
in which the officer becomes qualified for retirement under that
section.
``(ii) The first day of the seventh calendar month beginning
after the month in which the Secretary concerned approves the
report of the board which recommended the officer for early
retirement.''; and
(2) in paragraph (3)--
(A) by inserting ``(A)'' before ``The Secretary
concerned'';
(B) by striking ``90 days'' and inserting ``three
months''; and
(C) by adding at the end the following new
subparagraphs:
``(B) An officer recommended for early retirement under paragraph
(1)(A) or section 638a of this title, if approved for deferral under
subparagraph (A), shall be retired on the date requested by the officer,
and approved by the Secretary concerned, which date shall be not later
than the first day of the tenth calendar month beginning after the month
in which the Secretary concerned approves the report of the board which
recommended the officer for early retirement.
``(C) The Secretary concerned may defer the retirement of an officer
otherwise approved for early retirement under paragraph (1)(B), but in
no case later than the first day of the tenth calendar month beginning
after the month in which the Secretary concerned approves the report of
the board which recommended the officer for early retirement.
``(D) An officer recommended for early retirement under paragraph
(2), if approved for deferral under subparagraph (A), shall
[[Page 128 STAT. 3355]]
be retired on the date requested by the officer, and approved by the
Secretary concerned, which date shall be not later than the first day of
the thirteenth calendar month beginning after the month in which the
Secretary concerned approves the report of the board which recommended
the officer for early retirement.''.
SEC. 503. REPEAL OF LIMITS ON PERCENTAGE OF OFFICERS WHO MAY BE
RECOMMENDED FOR DISCHARGE DURING A FISCAL
YEAR UNDER ENHANCED SELECTIVE DISCHARGE
AUTHORITY.
Section 638a(d) of title 10, United States Code, <<NOTE: 10 USC
638a.>> is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
SEC. 504. REPORTS ON NUMBER AND ASSIGNMENT OF ENLISTED AIDES FOR
OFFICERS OF THE ARMY, NAVY, AIR FORCE, AND
MARINE CORPS.
(a) Annual Report on Number of Enlisted Aides.--Section 981 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(c) Not later than March 1 of each year, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report--
``(1) specifying the number of enlisted aides authorized and
allocated for general officers and flag officers of the Army,
Navy, Air Force, Marine Corps, and joint pool as of September 30
of the previous year; and
``(2) justifying, on a billet-by-billet basis, the
authorization and assignment of each enlisted aide to each
general officer and flag officer position.''.
(b) Report on Reduction in Number of Enlisted Aides and
Authorization and Assignment Procedures and Duties.--Not later than June
30, 2015, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
containing the following:
(1) A list of the official military and official
representational duties that each Secretary of a military
department--
(A) authorizes enlisted aides to perform on the
personal staffs of officers of an Armed Force under the
jurisdiction of the Secretary concerned; and
(B) considers necessary to be performed by enlisted
aides to relieve the officers from minor duties, which,
if performed by the officers, would be done at the
expense of the officers' primary military or official
duties.
(2) Subject to the limitations in section 981 of title 10,
United States Code, the procedures used for allocating
authorized enlisted aides--
(A) between the Army, Navy, Air Force, and Marine
Corps and the joint pool;
(B) within each Armed Force, including the
regulations prescribed by the Secretaries of the
military departments regarding the allocation of
enlisted aides; and
(C) within the joint pool.
(3) The justification, on a billet-by-billet basis, for the
authorization and assignment of each enlisted aide to each
general officer and flag officer position as of September 30,
2014.
[[Page 128 STAT. 3356]]
(4) Such recommendations as the Secretary of Defense
considers appropriate for changes to the statutory method of
calculating the authorized number of enlisted aides.
(c) Report Objective.--In developing the report required by
subsection (b), the Secretary of Defense shall have the objective of
reducing the maximum number of enlisted aides authorized and allocated
for general officers and flag offers by 40, subject to the validation of
duties under subsection (b)(1) and the billet-by-billet justification of
positions under subsection (b)(3).
(d) Comptroller General Review.--
(1) Review required.--The Comptroller General of the United
States shall review the report submitted by the Secretary of
Defense under subsection (b).
(2) Elements of review.--The review under paragraph (1)
shall include the following:
(A) An assessment of the methodology used by the
Secretary of Defense in satisfying the requirements
imposed by paragraphs (1), (2), and (3) of subsection
(b).
(B) An assessment of the adequacy of the data used
by the Secretary to support the conclusions contained in
the report.
(3) Report on results of review.--Not later than 180 days
after the date on which the Secretary of Defense submits the
report under subsection (b), the Comptroller General shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the review conducted under
paragraph (1).
SEC. 505. REPEAL OF REQUIREMENT FOR SUBMISSION TO CONGRESS OF
ANNUAL REPORTS ON JOINT OFFICER MANAGEMENT
AND PROMOTION POLICY OBJECTIVES FOR JOINT
OFFICERS.
(a) Repeal of Annual Reports.--
(1) Joint officer management.--Section 667 of title 10,
United States Code, <<NOTE: 10 USC 667.>> is repealed.
(2) Promotion policy objectives for joint officers.--Section
662 of such title is amended--
(A) by striking ``(a) Qualifications.--''; and
(B) by striking subsection (b).
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 38 of such title <<NOTE: 10 USC prec. 661.>> is amended by
striking the item relating to section 667.
SEC. 506. OPTIONS FOR PHASE II OF JOINT PROFESSIONAL MILITARY
EDUCATION.
Section 2154(a)(2) of title 10, United States Code, is amended by
striking ``consisting of a joint professional military education
curriculum'' and all that follows through the period at the end and
inserting the following: ``consisting of--
``(A) a joint professional military education
curriculum taught in residence at the Joint Forces Staff
College or a senior level service school that has been
designated and certified by the Secretary of Defense as
a joint professional military education institution; or
``(B) a senior level service course of at least ten
months that has been designated and certified by the
Secretary of Defense as a joint professional military
education course.''.
[[Page 128 STAT. 3357]]
SEC. 507. ELIMINATION OF REQUIREMENT THAT A QUALIFIED AVIATOR OR
NAVAL FLIGHT OFFICER BE IN COMMAND OF AN
INACTIVATED NUCLEAR-POWERED AIRCRAFT
CARRIER BEFORE DECOMMISSIONING.
Section 5942(a) of title 10, United States Code, <<NOTE: 10 USC
5942.>> is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to command of a nuclear-powered
aircraft carrier that has been inactivated for the purpose of permanent
decommissioning and disposal.''.
SEC. 508. <<NOTE: 10 USC 1561 note.>> REQUIRED CONSIDERATION OF
CERTAIN ELEMENTS OF COMMAND CLIMATE IN
PERFORMANCE APPRAISALS OF COMMANDING
OFFICERS.
The Secretary of a military department shall ensure that the
performance appraisal of a commanding officer in an Armed Force under
the jurisdiction of that Secretary indicates the extent to which the
commanding officer has or has not established a command climate in
which--
(1) allegations of sexual assault are properly managed and
fairly evaluated; and
(2) a victim of criminal activity, including sexual assault,
can report the criminal activity without fear of retaliation,
including ostracism and group pressure from other members of the
command.
Subtitle B--Reserve Component Management
SEC. 511. RETENTION ON THE RESERVE ACTIVE-STATUS LIST FOLLOWING
NONSELECTION FOR PROMOTION OF CERTAIN
HEALTH PROFESSIONS OFFICERS AND FIRST
LIEUTENANTS AND LIEUTENANTS (JUNIOR GRADE)
PURSUING BACCALAUREATE DEGREES.
(a) Retention of Certain First Lieutenants and Lieutenants (Junior
Grade) Following Nonselection for Promotion.--Subsection (a)(1) of
section 14701 of title 10, United States Code, is amended--
(1) by striking ``A reserve officer of'' and inserting ``(A)
A reserve officer of the Army, Navy, Air Force, or Marine Corps
described in subparagraph (B) who is required to be removed from
the reserve active-status list under section 14504 of this
title, or a reserve officer of'';
(2) by striking ``of this title may, subject to the needs of
the service and to section 14509 of this title,'' and inserting
``of this title, may''; and
(3) by adding at the end the following new subparagraphs:
``(B) A reserve officer covered by this subparagraph is a reserve
officer of the Army, Air Force, or Marine Corps who holds the grade of
first lieutenant, or a reserve officer of the Navy who holds the grade
of lieutenant (junior grade), and who--
``(i) is a health professions officer; or
``(ii) is actively pursuing an undergraduate program of
education leading to a baccalaureate degree.
``(C) The consideration of a reserve officer for continuation on the
reserve active-status list pursuant to this paragraph is
[[Page 128 STAT. 3358]]
subject to the needs of the service and to section 14509 of this
title.''.
(b) Retention of Health Professions Officers.--Such section is
further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Continuation of Health Professions Officers.--(1)
Notwithstanding subsection (a)(6), a health professions officer
obligated to a period of service incurred under section 16201 of this
title who is required to be removed from the reserve active-status list
under section 14504, 14505, 14506, or 14507 of this title and who has
not completed a service obligation incurred under section 16201 of this
title shall be retained on the reserve active-status list until the
completion of such service obligation and then discharged, unless sooner
retired or discharged under another provision of law.
``(2) The Secretary concerned may waive the applicability of
paragraph (1) to any officer if the Secretary determines that completion
of the service obligation of that officer is not in the best interest of
the service.
``(3) A health professions officer who is continued on the reserve
active-status list under this subsection who is subsequently promoted or
whose name is on a list of officers recommended for promotion to the
next higher grade is not required to be discharged or retired upon
completion of the officer's service obligation. Such officer may
continue on the reserve active-status list as other officers of the same
grade unless separated under another provision of law.''.
SEC. 512. CONSULTATION WITH CHIEF OF THE NATIONAL GUARD BUREAU IN
SELECTION OF DIRECTORS AND DEPUTY
DIRECTORS, ARMY NATIONAL GUARD AND AIR
NATIONAL GUARD.
(a) Role of Chief of the National Guard Bureau.--Paragraph (1) of
section 10506(a) of title 10, United States Code, <<NOTE: 10 USC
10506.>> is amended--
(1) in subparagraph (A), by inserting ``(after consultation
with the Chief of the National Guard Bureau)'' after ``selected
by the Secretary of the Army''; and
(2) in subparagraph (B), by inserting ``(after consultation
with the Chief of the National Guard Bureau)'' after ``selected
by the Secretary of the Air Force''.
(b) Clarifying Amendment.--Paragraph (2) of such section is amended
by striking ``The officers so selected'' and inserting ``The Director
and Deputy Director, Army National Guard, and the Director and Deputy
Director, Air National Guard,''.
(c) Repeal of Obsolete Provision.--Paragraph (3) of such section is
amended--
(1) by striking subparagraph (D); and
(2) by redesignating subparagraph (E) as subparagraph (D).
(d) <<NOTE: 10 USC 10506 note.>> Application of Amendments.--The
amendments made by subsection (a) shall apply with respect to
assignments to the National Guard Bureau under section 10506 of title
10, United States Code, that occur after the date of the enactment of
this Act.
[[Page 128 STAT. 3359]]
SEC. 513. <<NOTE: 10 USC 115a note.>> CENTRALIZED DATABASE OF
INFORMATION ON MILITARY TECHNICIAN
POSITIONS.
(a) Centralized Database Required.--The Secretary of Defense shall
establish and maintain a centralized database of information on military
technician positions that will contain and set forth current information
on all military technician positions of the Armed Forces.
(b) Elements.--
(1) Identification of positions.--The database required by
subsection (a) shall identify each military technician position,
whether dual-status or non-dual status.
(2) Additional details.--For each military technician
position identified pursuant to paragraph (1), the database
required by subsection (a) shall include the following:
(A) A description of the functions of the position.
(B) A statement of the military necessity for the
position.
(C) A statement of whether the position is--
(i) a general administration, clerical, or
office service occupation; or
(ii) directly related to the maintenance of
military readiness.
(c) Consultation.--The Secretary of Defense shall establish the
database required by subsection (a) in consultation with the Secretaries
of the military departments.
(d) Implementation Report.--Not later than September 1, 2015, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report describing the
progress made in establishing the database required by subsection (a).
SEC. 514. REPORT ON MANAGEMENT OF PERSONNEL RECORDS OF MEMBERS OF
THE NATIONAL GUARD.
(a) Report Required.--Not later than December 1, 2015, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report regarding the
management of personnel records of members of the Army National Guard of
the United States and the Air Guard of the United States.
(b) Elements of Report.--In preparing the report under subsection
(a), the Secretary of Defense shall assess the following:
(1) The roles and responsibilities of States and Federal
agencies in the management of the records of members of the Army
National Guard of the United States and the Air Guard of the
United States.
(2) The extent to which States have digitized the records of
National Guard members.
(3) The extent to which States and Federal agencies have the
capability to share digitized records of National Guard members.
(4) The measures required to correct deficiencies, if any,
noted by the Secretary of Defense in the capability of Federal
agencies to effectively manage the records of National Guard
members.
(5) The authorities, responsibilities, processes, and
procedures for the maintenance and disposition of the records of
National Guard members who--
[[Page 128 STAT. 3360]]
(A) are discharged or separated from the National
Guard;
(B) are transferred to the Retired Reserve; or
(C) but for age, would be eligible for retired or
retainer pay.
Subtitle C--General Service Authorities
SEC. 521. ENHANCEMENT OF PARTICIPATION OF MENTAL HEALTH
PROFESSIONALS IN BOARDS FOR CORRECTION OF
MILITARY RECORDS AND BOARDS FOR REVIEW OF
DISCHARGE OR DISMISSAL OF MEMBERS OF THE
ARMED FORCES.
(a) Boards for Correction of Military Records.--Section 1552 of
title 10, United States Code, <<NOTE: 10 USC 1552.>> is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Any medical advisory opinion issued to a board established
under subsection (a)(1) with respect to a member or former member of the
armed forces who was diagnosed while serving in the armed forces as
experiencing a mental health disorder shall include the opinion of a
clinical psychologist or psychiatrist if the request for correction of
records concerned relates to a mental health disorder.''.
(b) Boards for Review of Discharge or Dismissal.--
(1) Review for certain former members with ptsd or tbi.--
Subsection (d)(1) of section 1553 of such title is amended by
striking ``physician, clinical psychologist, or psychiatrist''
the second place it appears and inserting ``clinical
psychologist or psychiatrist, or a physician with training on
mental health issues connected with post traumatic stress
disorder or traumatic brain injury (as applicable)''.
(2) Review for certain former members with mental health
diagnoses.--Such section is further amended by adding at the end
the following new subsection:
``(e) In the case of a former member of the armed forces (other than
a former member covered by subsection (d)) who was diagnosed while
serving in the armed forces as experiencing a mental health disorder, a
board established under this section to review the former member's
discharge or dismissal shall include a member who is a clinical
psychologist or psychiatrist, or a physician with special training on
mental health disorders.''.
SEC. 522. EXTENSION OF AUTHORITY TO CONDUCT PROGRAMS ON CAREER
FLEXIBILITY TO ENHANCE RETENTION OF
MEMBERS OF THE ARMED FORCES.
(a) Extension of Program Authority.--Subsection (m) of section 533
of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 10 U.S.C. prec. 701 note) is amended--
(1) by inserting ``(1)'' before ``No member'';
(2) by striking ``December 31, 2015'' and inserting
``December 31, 2019''; and
(3) by adding at the end the following new paragraph:
``(2) A member may not be reactivated to active duty in the Armed
Forces under a pilot program conducted under this section after December
31, 2022.''.
[[Page 128 STAT. 3361]]
(b) Reporting Requirements.--Subsection (k) of such section is
amended--
(1) in paragraph (1), by striking ``and 2017'' and inserting
``2017, and 2019'';
(2) in paragraph (2), by striking ``March 1, 2019'' and
inserting ``March 1, 2023''; and
(3) by adding at the end the following new paragraph:
``(4) Additional elements for final report.--In addition to
the elements required by paragraph (3), the final report under
this subsection shall include the following:
``(A) A description of the costs to each military
department of each pilot program conducted under this
section.
``(B) A description of the reasons why members
choose to participate in the pilot programs.
``(C) A description of the members who did not
return to active duty at the conclusion of their
inactivation from active duty under the pilot programs,
and a statement of the reasons why the members did not
return to active duty.
``(D) A statement whether members were required to
perform inactive duty training as part of their
participation in the pilot programs, and if so, a
description of the members who were required to perform
such inactive duty training, a statement of the reasons
why the members were required to perform such inactive
duty training, and a description of how often the
members were required to perform such inactive duty
training.''.
SEC. 523. <<NOTE: 10 USC 1071 note.>> PROVISION OF INFORMATION TO
MEMBERS OF THE ARMED FORCES ON PRIVACY
RIGHTS RELATING TO RECEIPT OF MENTAL
HEALTH SERVICES.
(a) Provision of Information Required.--The Secretaries of the
military departments shall ensure that the information described in
subsection (b) is provided--
(1) to each officer candidate during initial training;
(2) to each recruit during basic training; and
(3) to other members of the Armed Forces at such times as
the Secretary of Defense considers appropriate.
(b) Required Information.--The information required to be provided
under subsection (a) shall include information on the applicability of
the Department of Defense Instruction on Privacy of Individually
Identifiable Health Information in DoD Health Care Programs and other
regulations regarding privacy prescribed pursuant to the Health
Insurance Portability and Accountability Act of 1996 (Public Law 104-
191) to records regarding a member of the Armed Forces seeking and
receiving mental health services.
SEC. 524. REMOVAL OF ARTIFICIAL BARRIERS TO THE SERVICE OF WOMEN
IN THE ARMED FORCES.
(a) <<NOTE: 10 USC 113 note.>> Role of Secretary of Defense in
Development of Gender-neutral Occupational Standards.--The Secretary of
Defense shall ensure that the gender-neutral occupational standards
being developed by the Secretaries of the military departments pursuant
to section 543 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 10 U.S.C. 113 note), as amended by section 523
of the National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 756)--
[[Page 128 STAT. 3362]]
(1) accurately predict performance of actual, regular, and
recurring duties of a military occupation; and
(2) are applied equitably to measure individual
capabilities.
(b) <<NOTE: 10 USC 113 note.>> Female Personal Protection Gear.--
The Secretary of Defense shall direct each Secretary of a military
department to take immediate steps to ensure that combat equipment
distributed to female members of the Armed Forces--
(1) is properly designed and fitted; and
(2) meets required standards for wear and survivability.
(c) Review of Outreach and Recruitment Efforts Focused on
Officers.--
(1) Review required.--The Comptroller General of the United
States shall conduct a review of Services' Outreach and
Recruitment Efforts gauged toward women representation in the
officer corps.
(2) Elements of review.--In conducting the review under this
subsection, the Comptroller General shall--
(A) identify and evaluate current initiatives the
Armed Forces are using to increase accession of women
into the officer corps;
(B) identify new recruiting efforts to increase
accessions of women into the officer corps specifically
at the military service academies, Officer Candidate
Schools, Officer Training Schools, the Academy of
Military Science, and Reserve Officer Training Corps;
and
(C) identify efforts, resources, and funding
required to increase military service academy accessions
by women.
(3) Submission of results.--Not later than October 1, 2015,
the Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing the results of the review under this subsection.
Subtitle D--Military Justice, Including Sexual Assault and Domestic
Violence Prevention and Response
SEC. 531. TECHNICAL REVISIONS AND CLARIFICATIONS OF CERTAIN
PROVISIONS IN THE NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2014
RELATING TO THE MILITARY JUSTICE SYSTEM.
(a) Revisions of Article 32 and Article 60, Uniform Code of Military
Justice.--
(1) Explicit authority for convening authority to take
action on findings of a court-martial with respect to a
qualifying offense.--Paragraph (3) of subsection (c) of section
860 of title 10, United States Code (article 60 of the Uniform
Code of Military Justice), as amended by section 1702(b) of the
National Defense Authorization Act of 2014 (Public Law 113-66;
127 Stat. 955), <<NOTE: 10 USC 860.>> is amended--
(A) in subparagraph (A), by inserting ``and may be
taken only with respect to a qualifying offense'' after
``is not required'';
(B) in subparagraph (B)(i)--
[[Page 128 STAT. 3363]]
(i) by striking ``, other than a charge or
specification for a qualifying offense,''; and
(ii) by inserting ``, but may take such action
with respect to a qualifying offense'' after
``thereto''; and
(C) in subparagraph (B)(ii)--
(i) by striking ``, other than a charge or
specification for a qualifying offense,''; and
(ii) by inserting ``, but may take such action
with respect to a qualifying offense'' before the
period.
(2) Clarification of applicability of requirement for
explanation in writing for modification to findings of a court-
martial.--Paragraph (3)(C) of subsection (c) of section 860 of
title 10, United States Code (article 60 of the Uniform Code of
Military Justice), as amended by section 1702(b) of the National
Defense Authorization Act of 2014 (Public Law 113-66; 127 Stat.
955), <<NOTE: 10 USC 860.>> is amended by striking ``(other
than a qualifying offense)''.
(3) Victim submission of matters for consideration by
convening authority during clemency phase of courts-martial
process.--Subsection (d) of section 860 of title 10, United
States Code (article 60 of the Uniform Code of Military
Justice), as added by section 1706(a) of the National Defense
Authorization Act of Fiscal Year 2014 (Public Law 113-66; 127
Stat. 960), is amended--
(A) in paragraph (2)(A)--
(i) in clause (i), by inserting ``, if
applicable'' after ``(article 54(e))''; and
(ii) in clause (ii), by striking ``if
applicable,''; and
(B) in paragraph (5), by striking ``loss'' and
inserting ``harm''.
(4) Restoration of waiver of article 32 hearings by the
accused.--
(A) In general.--Section 832(a)(1) of title 10,
United States Code (article 32(a)(1) of the Uniform Code
of Military Justice), as amended by section 1702(a)(1)
of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 954), is amended
by inserting ``, unless such hearing is waived by the
accused'' after ``preliminary hearing''.
(B) Conforming amendment.--Section 834(a)(2) of such
title (article 34(a)(2) of the Uniform Code of Military
Justice), as amended by section 1702(c)(3)(B) of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 957), is amended by
inserting ``(if there is such a report)'' after ``a
preliminary hearing under section 832 of this title
(article 32)''.
(5) Non-applicability of prohibition on pre-trial agreements
for certain offenses with mandatory minimum sentences.--Section
860(c)(4)(C)(ii) of title 10, United States Code (article
60(c)(4)(C)(ii) of the Uniform Code of Military Justice), as
amended by section 1702(b) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 955), is
amended by inserting ``pursuant to section 856(b) of this title
(article 56(b))'' after ``applies''.
(b) Defense Counsel Interview of Victim of an Alleged Sex-Related
Offense.--
[[Page 128 STAT. 3364]]
(1) Requests to interview victim through counsel.--
Subsection (b)(1) of section 846 of title 10, United States Code
(article 46(b) of the Uniform Code of Military Justice), as
amended by section 1704 of the National Defense Authorization
Act for Fiscal Year 2014 <<NOTE: 10 USC 846.>> (Public Law 113-
66; 127 Stat. 958), is amended by striking ``through trial
counsel'' and inserting ``through the Special Victims' Counsel
or other counsel for the victim, if applicable''.
(2) Correction of references to trial counsel.--Such section
is further amended by striking ``trial counsel'' each place it
appears and inserting ``counsel for the Government''.
(3) Correction of references to defense counsel.--Such
section is further amended--
(A) in the heading, by striking ``Defense Counsel''
and inserting ``Counsel for Accused''; and
(B) by striking ``defense counsel'' each place it
appears and inserting ``counsel for the accused''.
(c) Special Victims' Counsel for Victims of Sex-Related Offenses.--
Section 1044e of title 10, United States Code, as added by section
1716(a) of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 113-66; 127 Stat. 966), is amended--
(1) in subsection (b)(4), by striking ``the Department of
Defense'' and inserting ``the United States'';
(2) in subsection (d)(2), by inserting ``, and within the
Marine Corps, by the Staff Judge Advocate to the Commandant of
the Marine Corps'' after ``employed''; and
(3) in subsection (e)(1), by inserting ``concerned'' after
``jurisdiction of the Secretary''.
(d) Repeal of Offense of Consensual Sodomy Under the Uniform Code of
Military Justice.--
(1) Clarification of definition of forcible sodomy.--Section
925(a) of title 10, United States Code (article 125(a) of the
Uniform Code of Military Justice), as amended by section 1707 of
the National Defense Authorization Act of Fiscal Year 2014
(Public Law 113-66; 127 Stat. 961), is amended by striking
``force'' and inserting ``unlawful force''.
(2) Conforming amendments.--
(A) Article 43.--Section 843(b)(2)(B) of such title
(article 43(b)(2)(B) of the Uniform Code of Military
Justice) is amended--
(i) in clause (iii), by striking ``Sodomy''
and inserting ``Forcible sodomy''; and
(ii) in clause (v), by striking ``sodomy'' and
inserting ``forcible sodomy''.
(B) Article 118.--Section 918(4) of such title
(article 118(4) of the Uniform Code of Military Justice)
is amended by striking ``sodomy'' and inserting
``forcible sodomy''.
(e) Clarification of Scope of Prospective Members of the Armed
Forces for Purposes of Inappropriate and Prohibited Relationships.--
Section 1741(e)(2) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 977; 10 U.S.C. prec. 501 note)
is amended by inserting ``who is pursuing or has recently pursued
becoming a member of the Armed Forces and'' after ``a person''.
(f) Extension of Crime Victims' Rights to Victims of Offenses Under
the Uniform Code of Military Justice.--
[[Page 128 STAT. 3365]]
(1) Clarification of limitation on definition of victim to
natural persons.--Subsection (b) of section 806b of title 10,
United States Code (article 6b of the Uniform Code of Military
Justice), as added by section 1701 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 952), <<NOTE: 10 USC 806b.>> is amended by striking ``a
person'' and inserting ``an individual''.
(2) Clarification of authority to appoint individuals to
assume rights of certain victims.--Subsection (c) of such
section is amended--
(A) in the heading, by striking ``Legal Guardian''
and inserting ``Appointment of Individuals to Assume
Rights'';
(B) by inserting ``(but who is not a member of the
armed forces)'' after ``under 18 years of age'';
(C) by striking ``designate a legal guardian from
among the representatives'' and inserting ``designate a
representative'';
(D) by striking ``other suitable person'' and
inserting ``another suitable individual''; and
(E) by striking ``the person'' and inserting ``the
individual''.
(g) Revision to Effective Dates to Facilitate Transition to Revised
Rules for Preliminary Hearing Requirements and Convening Authority
Action Post-Conviction.--
(1) <<NOTE: 10 USC 802 note.>> Effective date for
amendments related to article 32.--Effective as of December 26,
2013, and as if included therein as enacted, section 1702(d)(1)
of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 958; 10 U.S.C. 802 note, 832 note)
is amended by striking ``one year after'' and all that follows
through the end of the sentence and inserting ``on the later of
December 26, 2014, or the date of the enactment of the Carl
Levin and Howard P. `Buck' McKeon National Defense Authorization
Act for Fiscal Year 2015 and shall apply with respect to
preliminary hearings conducted on or after that effective
date.''.
(2) Transition rule for amendments related to article 60.--
(A) Transition rule.--Section 1702(d)(2) of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 958; 10 U.S.C. 860 note)
is amended--
(i) by striking ``The amendments'' and
inserting ``(A) Except as provided in subparagraph
(B), the amendments''; and
(ii) by adding at the end the following new
subparagraph:
``(B) With respect to the findings and sentence of a court-
martial that includes both a conviction for an offense committed
before the effective date specified in subparagraph (A) and a
conviction for an offense committed on or after that effective
date, the convening authority shall have the same authority to
take action on such findings and sentence as was in effect on
the day before such effective date, except with respect to a
mandatory minimum sentence under section 856(b) of title 10,
United States Code (article 56(b) of the Uniform Code of
Military Justice).''.
[[Page 128 STAT. 3366]]
(B) <<NOTE: 10 USC 860 note.>> Application of
amendments.--The amendments made by subparagraph (A)
shall not apply to the findings and sentence of a court-
martial with respect to which the convening authority
has taken action before the date that is 30 days after
the date of the enactment of this Act.
SEC. 532. ORDERING OF DEPOSITIONS UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
Subsection (a) of section 849 of title 10, United States Code
(article 49 of the Uniform Code of Military Justice), <<NOTE: 10 USC
849.>> is amended to read as follows:
``(a)(1) At any time after charges have been signed as provided in
section 830 of this title (article 30), oral or written depositions may
be ordered as follows:
``(A) Before referral of such charges for trial, by the
convening authority who has such charges for disposition.
``(B) After referral of such charges for trial, by the
convening authority or the military judge hearing the case.
``(2) An authority authorized to order a deposition under paragraph
(1) may order the deposition at the request of any party, but only if
the party demonstrates that, due to exceptional circumstances, it is in
the interest of justice that the testimony of the prospective witness be
taken and preserved for use at a preliminary hearing under section 832
of this title (article 32) or a court-martial.
``(3) If a deposition is to be taken before charges are referred for
trial, the authority under paragraph (1)(A) may designate commissioned
officers as counsel for the Government and counsel for the accused, and
may authorize those officers to take the deposition of any witness.''.
SEC. 533. ACCESS TO SPECIAL VICTIMS' COUNSEL.
(a) In General.--Subsection (a) of section 1044e of title 10, United
States Code, is amended to read as follows:
``(a) Designation; Purposes.--(1) The Secretary concerned shall
designate legal counsel (to be known as `Special Victims' Counsel') for
the purpose of providing legal assistance to an individual described in
paragraph (2) who is the victim of an alleged sex-related offense,
regardless of whether the report of that offense is restricted or
unrestricted.
``(2) An individual described in this paragraph is any of the
following:
``(A) An individual eligible for military legal assistance
under section 1044 of this title.
``(B) An individual who is--
``(i) not covered under subparagraph (A);
``(ii) a member of a reserve component of the armed
forces; and
``(iii) a victim of an alleged sex-related offense
as described in paragraph (1)--
``(I) during a period in which the individual
served on active duty, full-time National Guard
duty, or inactive-duty training; or
``(II) during any period, regardless of the
duty status of the individual, if the
circumstances of the alleged sex-related offense
have a nexus to the military service of the
victim, as determined under regulations prescribed
by the Secretary of Defense.''.
[[Page 128 STAT. 3367]]
(b) Conforming Amendments.--Subsection (f) of such section is
amended by striking ``eligible for military legal assistance under
section 1044 of this title'' each place it appears and inserting
``described in subsection (a)(2)''.
SEC. 534. ENHANCEMENT OF VICTIMS' RIGHTS IN CONNECTION WITH
PROSECUTION OF CERTAIN SEX-RELATED
OFFENSES.
(a) Representation by Special Victims' Counsel.--Section 1044e(b)(6)
of title 10, United States Code, is amended by striking ``Accompanying
the victim'' and inserting ``Representing the victim''.
(b) <<NOTE: 10 USC 1044e note.>> Consultation Regarding Victim's
Preference in Prosecution Venue.--
(1) Consultation process required.--The Secretary of Defense
shall establish a process to ensure consultation with the victim
of an alleged sex-related offense that occurs in the United
States to solicit the victim's preference regarding whether the
offense should be prosecuted by court-martial or in a civilian
court with jurisdiction over the offense.
(2) Convening authority consideration of preference.--The
preference expressed by the victim of an alleged sex-related
offense under paragraph (1) regarding the prosecution of the
offense, while not binding, should be considered by the
convening authority in making the determination regarding
whether to refer the charge or specification for the offense to
a court-martial for trial.
(3) Notice to appropriate jurisdiction of victim's
preference for civilian prosecution.--If the victim of an
alleged sex-related offense expresses a preference under
paragraph (1) for prosecution of the offense in a civilian
court, the convening authority described in paragraph (2) shall
ensure that the civilian authority with jurisdiction over the
offense is notified of the victim's preference for civilian
prosecution.
(4) Notice to victim of status of civilian prosecution when
victim expresses preference for civilian prosecution.--Following
notification of the civilian authority with jurisdiction over an
alleged sex-related offense of the preference of the victim of
the offense for prosecution of the offense in a civilian court,
the convening authority shall be responsible for notifying the
victim if the convening authority learns of any decision by the
civilian authority to prosecute or not prosecute the offence in
a civilian court.
(c) <<NOTE: 10 USC 1044e note.>> Modification of Manual for Courts-
Martial.--Not later than 180 days after the date of the enactment of
this Act, Part III of the Manual for Courts-Martial shall be modified to
provide that when a victim of an alleged sex-related offense has a right
to be heard in connection with the prosecution of the alleged sex-
related such offense, the victim may exercise that right through
counsel, including through a Special Victims' Counsel under section
1044e of title 10, United States Code (as amended by subsection (a)).
(d) <<NOTE: 10 USC 1044e note.>> Notice to Counsel on Scheduling of
Proceedings.--The Secretary concerned shall establish policies and
procedures designed to ensure that any counsel of the victim of an
alleged sex-related offense, including a Special Victims' Counsel under
section 1044e of title 10, United States Code (as amended by subsection
(a)), is provided prompt and adequate notice of the scheduling of any
hearing, trial, or other proceeding in connection with the
[[Page 128 STAT. 3368]]
prosecution of such offense in order to permit such counsel the
opportunity to prepare for such proceeding.
(e) <<NOTE: 10 USC 1044e note.>> Definitions.--In this section:
(1) The term ``alleged sex-related offense'' has the meaning
given that term in section 1044e(g) of title 10, United States
Code.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of such title.
SEC. 535. ENFORCEMENT OF CRIME VICTIMS' RIGHTS RELATED TO
PROTECTIONS AFFORDED BY CERTAIN MILITARY
RULES OF EVIDENCE.
Section 806b of title 10, United States Code (article 6b of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(e) Enforcement by Court of Criminal Appeals.--(1) If the victim
of an offense under this chapter believes that a court-martial ruling
violates the victim's rights afforded by a Military Rule of Evidence
specified in paragraph (2), the victim may petition the Court of
Criminal Appeals for a writ of mandamus to require the court-martial to
comply with the Military Rule of Evidence.
``(2) Paragraph (1) applies with respect to the protections afforded
by the following:
``(A) Military Rule of Evidence 513, relating to the
psychotherapist-patient privilege.
``(B) Military Rule of Evidence 412, relating to the
admission of evidence regarding a victim's sexual background.''.
SEC. 536. MODIFICATION OF MILITARY RULES OF EVIDENCE RELATING TO
ADMISSIBILITY OF GENERAL MILITARY
CHARACTER TOWARD PROBABILITY OF INNOCENCE.
(a) Modification Required.--Not later than 180 days after the date
of the enactment of this Act, Rule 404(a) of the Military Rules of
Evidence shall be amended to provide that the general military character
of an accused is not admissible for the purpose of showing the
probability of innocence of the accused for an offense specified in
subsection (b).
(b) Covered Offenses.--Subsection (a) applies to the following
offenses under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice):
(1) An offense under sections 920 through 923a of such title
(articles 120 through 123a).
(2) An offense under sections 925 through 927 of such title
(articles 125 through 127).
(3) An offense under sections 929 through 932 of such title
(articles 129 through 132).
(4) Any other offense under such chapter (the Uniform Code
of Military Justice) in which evidence of the general military
character of the accused is not relevant to an element of an
offense for which the accused has been charged.
(5) An attempt to commit an offense or a conspiracy to
commit an offense specified in a preceding paragraph as
punishable under section 880 or 881 of such title (article 80 or
81).
[[Page 128 STAT. 3369]]
SEC. 537. MODIFICATION OF RULE 513 OF THE MILITARY RULES OF
EVIDENCE, RELATING TO THE PRIVILEGE
AGAINST DISCLOSURE OF COMMUNICATIONS
BETWEEN PSYCHOTHERAPISTS AND PATIENTS.
Not later than 180 days after the date of the enactment of this Act,
Rule 513 of the Military Rules of Evidence shall be modified as follows:
(1) To include communications with other licensed mental
health professionals within the communications covered by the
privilege.
(2) To strike the current exception to the privilege
contained in subparagraph (d)(8) of Rule 513.
(3) To require a party seeking production or admission of
records or communications protected by the privilege--
(A) to show a specific factual basis demonstrating a
reasonable likelihood that the records or communications
would yield evidence admissible under an exception to
the privilege;
(B) to demonstrate by a preponderance of the
evidence that the requested information meets one of the
enumerated exceptions to the privilege;
(C) to show that the information sought is not
merely cumulative of other information available; and
(D) to show that the party made reasonable efforts
to obtain the same or substantially similar information
through non-privileged sources.
(4) To authorize the military judge to conduct a review in
camera of records or communications only when--
(A) the moving party has met its burden as
established pursuant to paragraph (3); and
(B) an examination of the information is necessary
to rule on the production or admissibility of protected
records or communications.
(5) To require that any production or disclosure permitted
by the military judge be narrowly tailored to only the specific
records or communications, or portions of such records or
communications, that meet the requirements for one of the
enumerated exceptions to the privilege and are included in the
stated purpose for which the such records or communications are
sought.
SEC. 538. MODIFICATION OF DEPARTMENT OF DEFENSE POLICY ON
RETENTION OF EVIDENCE IN A SEXUAL ASSAULT
CASE TO PERMIT RETURN OF PERSONAL PROPERTY
UPON COMPLETION OF RELATED PROCEEDINGS.
Section 586 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 U.S.C. 1561 note) is
amended by adding at the end the following new subsection:
``(f) Return of Personal Property Upon Completion of Related
Proceedings.--Notwithstanding subsection (c)(4)(A), personal property
retained as evidence in connection with an incident of sexual assault
involving a member of the Armed Forces may be returned to the rightful
owner of such property after the conclusion of all legal, adverse
action, and administrative proceedings related to such incident.''.
[[Page 128 STAT. 3370]]
SEC. 539. REQUIREMENTS RELATING TO SEXUAL ASSAULT FORENSIC
EXAMINERS FOR THE ARMED FORCES.
(a) <<NOTE: 10 USC 1561 note.>> Personnel Eligible for
Assignment.--
(1) Specified personnel.--Except as provided in paragraph
(2), an individual who may be assigned to duty as a Sexual
Assault Forensic Examiner (SAFE) for the Armed Forces is limited
to members of the Armed Forces and civilian employees of the
Department of Defense who are also one of the following:
(A) A physician.
(B) A nurse practitioner.
(C) A nurse midwife.
(D) A physician assistant.
(E) A registered nurse.
(2) Independent duty corpsmen.--An independent duty corpsman
or equivalent may be assigned to duty as a Sexual Assault
Forensic Examiner for the Armed Forces if the assignment of an
individual specified in paragraph (1) is impracticable.
(b) <<NOTE: 10 USC 1561 note.>> Training and Certification.--
(1) In general.--The Secretary of Defense shall establish
and maintain, and update when appropriate, a training and
certification program for Sexual Assault Forensic Examiners. The
training and certification programs shall apply uniformly to all
Sexual Assault Forensic Examiners under the jurisdiction of the
Secretaries of the military departments.
(2) Elements.--Each training and certification program under
this subsection shall include training in sexual assault
forensic examinations by qualified personnel who possess--
(A) a Sexual Assault Nurse Examiner--Adult/
Adolescent (SANE-A) certification or equivalent
certification; or
(B) training and clinical or forensic experience in
sexual assault forensic examinations similar to that
required for a certification described in subparagraph
(A).
(3) Nature of training.--The training provided under each
training and certification program under this subsection shall
incorporate and reflect current best practices and standards on
sexual assault forensic examinations.
(4) Applicability of training requirements.--Effective
beginning one year after the date of the enactment of this Act,
an individual may not be assigned to duty as a Sexual Assault
Forensic Examiner for the Armed Forces unless the individual has
completed, by the date of such assignment, all training required
under the training and certification program under this
subsection.
(c) Report on Training and Qualifications of Sexual Assault Forensic
Examiners.--
(1) Report required.--The Secretary of Defense shall prepare
a report on the adequacy of the training and qualifications of
each member of the Armed Forces and civilian employee of the
Department of Defense who is assigned responsibilities of a
Sexual Assault Forensic Examiner.
(2) Report elements.--The report shall include the
following:
(A) An assessment of the adequacy of the training
and certifications required for the members and
employees described in paragraph (1).
[[Page 128 STAT. 3371]]
(B) Such improvements as the Secretary of Defense
considers appropriate in the process used to select and
assign members and employees to positions that include
responsibility for sexual assault forensic examinations.
(C) Such improvements as the Secretary considers
appropriate for training and certifying member and
employees that perform sexual assault forensic
examinations.
(3) Submission.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
the report to the Committees on Armed Services of the House of
Representatives and the Senate.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Subsection (b) of section 1725
of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 971) <<NOTE: 10 USC 1561 note.>>
is amended--
(A) in the subsection heading, by striking ``Nurse
Examiners'' and inserting ``Forensic Examiners'';
(B) in paragraphs (1) and (2), by striking ``sexual
assault nurse examiner'' each place it appears and
inserting ``Sexual Assault Forensic Examiner'';
(C) in paragraph (1), by striking ``sexual assault
nurse examiners'' and inserting ``Sexual Assault
Forensic Examiners''; and
(D) by striking paragraph (3).
(2) Clerical amendment.--The heading of such section is
amended by striking ``nurse examiners'' and inserting ``forensic
examiners''.
SEC. 540. MODIFICATION OF TERM OF JUDGES OF THE UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES.
(a) Modification of Terms.--Section 942(b)(2) of title 10, United
States Code (article 142(b)(2) of the Uniform Code of Military Justice),
is amended--
(1) in subparagraph (A)--
(A) by striking ``March 31'' and inserting ``January
31'';
(B) by striking ``October 1'' and inserting ``July
31''; and
(C) by striking ``September 30'' and inserting
``July 31''; and
(2) in subparagraph (B)--
(A) by striking ``September 30'' each place it
appears and inserting ``July 31''; and
(B) by striking ``April 1'' and inserting ``February
1''.
(b) <<NOTE: 10 USC 942 note.>> Saving Provision.--No person who is
serving as a judge of the court on the date of the enactment of this
Act, and no survivor of any such person, shall be deprived of any
annuity provided by section 945 of title 10, United States Code, by the
operation of the amendments made by subsection (a).
SEC. 541. REVIEW OF DECISIONS NOT TO REFER CHARGES OF CERTAIN SEX-
RELATED OFFENSES FOR TRIAL BY COURT-
MARTIAL IF REQUESTED BY CHIEF PROSECUTOR.
Section 1744(c) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 981; 10 U.S.C. 834 note) is
amended--
[[Page 128 STAT. 3372]]
(1) by striking ``(c)'' and all that follows through ``In
any case where'' and inserting the following:
``(c) Review of Certain Cases Not Referred to Court-martial.--
``(1) Cases not referred following staff judge advocate
recommendation for referral for trial.--In any case where''; and
(2) by adding at the end the following new paragraph:
``(2) Cases not referred by convening authority upon request
for review by chief prosecutor.--
``(A) In general.--In any case where a convening
authority decides not to refer a charge of a sex-related
offense to trial by court-martial, the Secretary of the
military department concerned shall review the decision
as a superior authority authorized to exercise general
court-martial convening authority if the chief
prosecutor of the Armed Force concerned, in response to
a request by the detailed counsel for the Government,
requests review of the decision by the Secretary.
``(B) Chief prosecutor defined.--In this paragraph,
the term `chief prosecutor' means the chief prosecutor
or equivalent position of an Armed Force, or, if an
Armed Force does not have a chief prosecutor or
equivalent position, such other trial counsel as shall
be designated by the Judge Advocate General of that
Armed Force, or in the case of the Marine Corps, the
Staff Judge Advocate to the Commandant of the Marine
Corps.''.
SEC. 542. ANALYSIS AND ASSESSMENT OF DISPOSITION OF MOST SERIOUS
OFFENSES IDENTIFIED IN UNRESTRICTED
REPORTS ON SEXUAL ASSAULTS IN ANNUAL
REPORTS ON SEXUAL ASSAULTS IN THE ARMED
FORCES.
(a) Submittal to Secretary of Defense of Information on Each Armed
Force.--Subsection (b) of section 1631 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is
amended by adding at the end the following new paragraph:
``(11) An analysis of the disposition of the most serious
offenses occurring during sexual assaults committed by members
of the Armed Force during the year covered by the report, as
identified in unrestricted reports of sexual assault by any
members of the Armed Forces, including the numbers of reports
identifying offenses that were disposed of by each of the
following:
``(A) Conviction by court-martial, including a
separate statement of the most serious charge preferred
and the most serious charge for which convicted.
``(B) Acquittal of all charges at court-martial.
``(C) Non-judicial punishment under section 815 of
title 10, United States Code (article 15 of the Uniform
Code of Military Justice).
``(D) Administrative action, including by each type
of administrative action imposed.
``(E) Dismissal of all charges, including by reason
for dismissal and by stage of proceedings in which
dismissal occurred.''.
[[Page 128 STAT. 3373]]
(b) <<NOTE: 10 USC 1561 note.>> Secretary of Defense Assessment of
Information in Reports to Congress.--Subsection (d) of such section is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) an assessment of the information submitted to the
Secretary pursuant to subsection (b)(11); and''; and
(4) in paragraph (3), as redesignated by paragraph (2) of
this subsection, by inserting ``other'' before ``assessments''.
(c) <<NOTE: 10 USC 1561 note.>> Application of Amendments.--The
amendments made by this section shall take effect on the date of the
enactment of this Act and apply beginning with the report regarding
sexual assaults involving members of the Armed Forces required to be
submitted by March 1, 2015, under section 1631 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011.
SEC. 543. PLAN FOR LIMITED USE OF CERTAIN INFORMATION ON SEXUAL
ASSAULTS IN RESTRICTED REPORTS BY MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS.
(a) Plan Required.--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 plan that will allow an individual who files a
restricted report on an incident of sexual assault to elect to permit a
military criminal investigative organization, on a confidential basis
and without affecting the restricted nature of the report, to access
certain information in the report, including identifying information of
the alleged perpetrator if available, for the purpose of identifying
individuals who are suspected of perpetrating multiple sexual assaults.
(b) Plan Elements.--The plan required by subsection (a) shall
include the following:
(1) An explanation of how the military criminal
investigative organization would use, maintain, and protect
information in the restricted report.
(2) An explanation of how the identity of an individual who
elects to provide access to such information will be protected.
(3) A timeline for implementation of the plan during the
one-year period beginning on the date of the submission of the
plan to the Committees on Armed Services of the Senate and the
House of Representatives.
SEC. 544. IMPROVED DEPARTMENT OF DEFENSE INFORMATION REPORTING AND
COLLECTION OF DOMESTIC VIOLENCE INCIDENTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Data Reporting and Collection Improvements.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Defense shall develop a comprehensive management plan to address
deficiencies in the reporting of information on incidents of domestic
violence involving members of the Armed Forces for inclusion in the
Department of Defense database on domestic violence incidents required
by section 1562 of title 10, United States Code, to ensure that the
database provides an accurate count of domestic violence incidents and
any consequent disciplinary action.
[[Page 128 STAT. 3374]]
(b) Conforming Amendment.--Section 543(a) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 1562 note) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
SEC. 545. ADDITIONAL DUTIES FOR JUDICIAL PROCEEDINGS PANEL.
(a) Additional Duties Imposed.--The independent panel established by
the Secretary of Defense under section 576(a)(2) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1758), known as the ``judicial proceedings panel'', shall perform the
following additional duties:
(1) Conduct a review and assessment regarding the impact of
the use of any mental health records of the victim of an offense
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), by the accused during the preliminary
hearing conducted under section 832 of such title (article 32 of
the Uniform Code of Military Justice), and during court-martial
proceedings, as compared to the use of similar records in
civilian criminal legal proceedings.
(2) Conduct a review and assessment regarding the
establishment of a privilege under the Military Rules of
Evidence against the disclosure of communications between--
(A) users of and personnel staffing the Department
of Defense Safe Helpline; and
(B) users of and personnel staffing of the
Department of Defense Safe HelpRoom.
(b) Submission of Results.--The judicial proceedings panel shall
include the results of the reviews and assessments conducted under
subsection (a) in one of the reports required by section 576(c)(2)(B) of
the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1760).
SEC. 546. DEFENSE ADVISORY COMMITTEE ON INVESTIGATION,
PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT
IN THE ARMED FORCES.
(a) <<NOTE: 10 USC 1561 note.>> Establishment Required.--
(1) In general.--The Secretary of Defense shall establish
and maintain within the Department of Defense an advisory
committee to be known as the ``Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in the
Armed Forces'' (in this section referred to as the ``Advisory
Committee'').
(2) Deadline for establishment.--The Secretary shall
establish the Advisory Committee not later than 30 days before
the termination date of the independent panel established by the
Secretary under section 576(a)(2) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1758), known as the ``judicial proceedings panel''.
(b) <<NOTE: 10 USC 1561 note.>> Membership.--The Advisory Committee
shall consist of not more than 20 members, to be appointed by the
Secretary of Defense, who have experience with the investigation,
prosecution, and defense of allegations of sexual assault offenses.
Members of the Advisory Committee may include Federal and State
prosecutors, judges, law professors, and private attorneys. Members of
the Armed Forces serving on active duty may not serve as a member of the
Advisory Committee.
[[Page 128 STAT. 3375]]
(c) <<NOTE: 10 USC 1561 note.>> Duties.--
(1) In general.--The Advisory Committee shall advise the
Secretary of Defense on the investigation, prosecution, and
defense of allegations of rape, forcible sodomy, sexual assault,
and other sexual misconduct involving members of the Armed
Forces.
(2) Basis for provision of advice.--For purposes of
providing advice to the Secretary pursuant to this subsection,
the Advisory Committee shall review, on an ongoing basis, cases
involving allegations of sexual misconduct described in
paragraph (1).
(d) <<NOTE: 10 USC 1561 note.>> Annual Reports.--Not later than
March 30 each year, the Advisory Committee shall submit to the Secretary
of Defense and the Committees on Armed Services of the Senate and the
House of Representatives a report describing the results of the
activities of the Advisory Committee pursuant to this section during the
preceding year.
(e) <<NOTE: 10 USC 1561 note.>> Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Committee shall terminate on the date that is five
years after the date of the establishment of the Advisory
Committee pursuant to subsection (a).
(2) Continuation.--The Secretary of Defense may continue the
Advisory Committee after the termination date applicable under
paragraph (1) if the Secretary determines that continuation of
the Advisory Committee after that date is advisable and
appropriate. If the Secretary determines to continue the
Advisory Committee after that date, the Secretary shall submit
to the President and the congressional committees specified in
subsection (d) a report describing the reasons for that
determination and specifying the new termination date for the
Advisory Committee.
(f) Due Date for Annual Report of Judicial Proceedings Panel.--
Section 576(c)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1760) is amended by
inserting ``annually thereafter'' after ``reports''.
SEC. 547. <<NOTE: 10 USC 1553 note.>> CONFIDENTIAL REVIEW OF
CHARACTERIZATION OF TERMS OF DISCHARGE OF
MEMBERS OF THE ARMED FORCES WHO ARE
VICTIMS OF SEXUAL OFFENSES.
(a) Confidential Review Process Through Boards for Correction of
Military Records.--The Secretaries of the military departments shall
each establish a confidential process, utilizing boards for the
correction of military records of the military department concerned, by
which an individual who was the victim of a sex-related offense during
service in the Armed Forces may challenge the terms or characterization
of the discharge or separation of the individual from the Armed Forces
on the grounds that the terms or characterization were adversely
affected by the individual being the victim of such an offense.
(b) Consideration of Individual Experiences in Connection With
Offenses.--In deciding whether to modify the terms or characterization
of the discharge or separation from the Armed Forces of an individual
described in subsection (a), the Secretary of the military department
concerned shall instruct boards for the correction of military records--
[[Page 128 STAT. 3376]]
(1) to give due consideration to the psychological and
physical aspects of the individual's experience in connection
with the sex-related offense; and
(2) to determine what bearing such experience may have had
on the circumstances surrounding the individual's discharge or
separation from the Armed Forces.
(c) Preservation of Confidentiality.--Documents considered and
decisions rendered pursuant to the process required by subsection (a)
shall not be made available to the public, except with the consent of
the individual concerned.
(d) Sex-related Offense Defined.--In this section, the term ``sex-
related offense'' means any of the following:
(1) Rape or sexual assault under subsection (a) or (b) of
section 920 of title 10, United States Code (article 120 of the
Uniform Code of Military Justice).
(2) Forcible sodomy under section 925 of such title (article
125 of the Uniform Code of Military Justice).
(3) An attempt to commit an offense specified in paragraph
(1) or (2) as punishable under section 880 of such title
(article 80 of the Uniform Code of Military Justice).
Subtitle E--Member Education, Training, and Transition
SEC. 551. ENHANCEMENT OF AUTHORITY TO ASSIST MEMBERS OF THE ARMED
FORCES TO OBTAIN PROFESSIONAL CREDENTIALS.
(a) In General.--Section 2015 of title 10, United States Code, is
amended to read as follows:
``Sec. 2015. Program to assist members in obtaining professional
credentials
``(a) Program Required.--The Secretary of Defense and the Secretary
of Homeland Security, with respect to the Coast Guard when it is not
operating as a service in the Navy, shall carry out a program to enable
members of the armed forces to obtain, while serving in the armed
forces, professional credentials related to military training and skills
that--
``(1) are acquired during service in the armed forces
incident to the performance of their military duties; and
``(2) translate into civilian occupations.
``(b) Payment of Expenses.--(1) Under the program required by this
section, the Secretary of Defense and the Secretary of Homeland
Security, with respect to the Coast Guard when it is not operating as a
service in the Navy, shall provide for the payment of expenses of
members for professional accreditation, Federal occupational licenses,
State-imposed and professional licenses, professional certification, and
related expenses.
``(2) The authority under paragraph (1) may not be used to pay the
expenses of a member to obtain professional credentials that are a
prerequisite for appointment in the armed forces.
``(c) Regulations.--(1) The Secretary of Defense and the Secretary
of Homeland Security shall prescribe regulations to carry out this
section.
``(2) The regulations shall apply uniformly to the armed forces to
the extent practicable.
``(3) The regulations shall include the following:
[[Page 128 STAT. 3377]]
``(A) Requirements for eligibility for participation in the
program under this section.
``(B) A description of the professional credentials and
occupations covered by the program.
``(C) Mechanisms for oversight of the payment of expenses
and the provision of other benefits under the program.
``(D) Such other matters in connection with the payment of
expenses and the provision of other benefits under the program
as the Secretaries consider appropriate.
``(d) Expenses Defined.--In this section, the term `expenses' means
expenses for class room instruction, hands-on training (and associated
materials), manuals, study guides and materials, text books, processing
fees, and test fees and related fees.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title <<NOTE: 10 USC prec. 2001.>> is amended by
striking the item relating to section 2015 and inserting the following
new item:
``2015. Program to assist members in obtaining professional
credentials.''.
SEC. 552. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE
AND RELATED MILITARY JUSTICE ENHANCEMENTS
TO MILITARY SERVICE ACADEMIES.
(a) <<NOTE: 10 USC 4361 note.>> Military Service Academies.--The
Secretary of the military department concerned shall ensure that the
provisions of title XVII of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 950), including
amendments made by that title, and the provisions of subtitle D,
including amendments made by such subtitle, apply to the United States
Military Academy, the Naval Academy, and the Air Force Academy, as
applicable.
(b) <<NOTE: 14 USC 200 note.>> Coast Guard Academy.--The Secretary
of the Department in which the Coast Guard is operating shall ensure
that the provisions of title XVII of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 950), including
amendments made by that title, and the provisions of subtitle D,
including amendments made by such subtitle, apply to the Coast Guard
Academy.
SEC. 553. AUTHORIZED DURATION OF FOREIGN AND CULTURAL EXCHANGE
ACTIVITIES AT MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4345a(a) of title 10,
United States Code, is amended by striking ``two weeks'' and inserting
``four weeks''.
(b) Naval Academy.--Section 6957b(a) of such title is amended by
striking ``two weeks'' and inserting ``four weeks''.
(c) Air Force Academy.--Section 9345a(a) of such title is amended by
striking ``two weeks'' and inserting ``four weeks''.
SEC. 554. ENHANCEMENT OF AUTHORITY TO ACCEPT SUPPORT FOR AIR FORCE
ACADEMY ATHLETIC PROGRAMS.
Section 9362 of title 10, United States Code, is amended by striking
subsections (e), (f), and (g) and inserting the following new
subsections:
``(e) Acceptance of Support.--
``(1) Support received from the corporation.--
Notwithstanding section 1342 of title 31, the Secretary of the
Air
[[Page 128 STAT. 3378]]
Force may accept from the corporation funds, supplies,
equipment, and services for the support of the athletic programs
of the Academy.
``(2) Funds received from other sources.--The Secretary may
charge fees for the support of the athletic programs of the
Academy. The Secretary may accept and retain fees for services
and other benefits provided incident to the operation of its
athletic programs, including fees from the National Collegiate
Athletic Association, fees from athletic conferences, game
guarantees from other educational institutions, fees for
ticketing or licensing, and other consideration provided
incidental to the execution of the athletic programs of the
Academy.
``(3) Limitations.--The Secretary shall ensure that
contributions accepted under this subsection do not--
``(A) reflect unfavorably on the ability of the
Department of the Air Force, any of its employees, or
any member of the armed forces to carry out any
responsibility or duty in a fair and objective manner;
or
``(B) compromise the integrity or appearance of
integrity of any program of the Department of the Air
Force, or any individual involved in such a program.
``(f) Leases and Licenses.--
``(1) In general.--The Secretary of the Air Force may, in
accordance with section 2667 of this title, enter into leases or
licenses with the corporation for the purpose of supporting the
athletic programs of the Academy. Consideration provided under
such a lease or license may be provided in the form of funds,
supplies, equipment, and services for the support of the
athletic programs of the Academy.
``(2) Support services.--The Secretary may provide support
services to the corporation without charge while the corporation
conducts its support activities at the Academy. In this
paragraph, 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. Any such support services may only be provided without
any liability of the United States to the corporation.
``(g) Contracts and Cooperative Agreements.--The Secretary of the
Air Force may enter into contracts and cooperative agreements with the
corporation for the purpose of supporting the athletic programs of the
Academy. Notwithstanding section 2304(k) of this title, the Secretary
may enter such contracts or cooperative agreements on a sole source
basis pursuant to section 2304(c)(5) of this title. Notwithstanding
chapter 63 of title 31, a cooperative agreement under this section may
be used to acquire property, services, or travel for the direct benefit
or use of the athletic programs of the Academy.
``(h) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship agreements.--An
agreement under subsection (g) may, consistent with section 2260
of this title (other than subsection (d) of such section),
authorize the corporation to enter into licensing, marketing,
and sponsorship agreements relating to trademarks and service
marks identifying the Academy, subject to the approval of the
Secretary of the Air Force.
[[Page 128 STAT. 3379]]
``(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 Air Force, any of
its employees, or any member of the armed forces to
carry out any responsibility or duty in a fair and
objective manner; or
``(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 Air Force, or any individual involved
in such a program.
``(i) Retention and Use of Funds.--Any funds received under this
section may be retained for use in support of the athletic programs of
the Academy and shall remain available until expended.''.
SEC. 555. <<NOTE: 10 USC 1143 note.>> PILOT PROGRAM TO ASSIST
MEMBERS OF THE ARMED FORCES IN OBTAINING
POST-SERVICE EMPLOYMENT.
(a) Program Authorized.--The Secretary of Defense may conduct the
program described in subsection (c) to enhance the efforts of the
Department of Defense to provide job placement assistance and related
employment services to eligible members of the Armed Forces described in
subsection (b) for the purposes of--
(1) assisting such members in obtaining post-service
employment; and
(2) reducing the amount of ``Unemployment Compensation for
Ex-Servicemembers'' that the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating pays into the Unemployment Trust Fund.
(b) Eligible Members.--Employment services provided under the
program are limited to members of the Armed Forces, including members of
the reserve components, who are being separated from the Armed Forces or
released from active duty.
(c) Evaluation of Use of Civilian Employment Staffing Agencies.--
(1) Program described.--The Secretary of Defense may execute
a program to evaluate the feasibility and cost-effectiveness of
utilizing the services of civilian employment staffing agencies
to assist eligible members of the Armed Forces in obtaining
post-service employment.
(2) Program management.--To manage the program authorized by
this subsection, the Secretary of Defense may select a civilian
organization (in this section referred to as the ``program
manager'') whose principal members have experience--
(A) administering pay-for-performance programs; and
(B) within the employment staffing industry.
(3) Exclusion.--The program manager may not be a staffing
agency.
(d) Eligible Civilian Employment Staffing Agencies.--In consultation
with the program manager if utilized under subsection (c)(2), the
Secretary of Defense shall establish the eligibility requirements to be
used for the selection of civilian employment staffing agencies to
participate in the program. In establishing the eligibility requirements
for the selection of the civilian employment staffing agencies, the
Secretary of Defense shall also take into account
[[Page 128 STAT. 3380]]
civilian employment staffing agencies that are willing to work and
consult with State and county Veterans Affairs offices and State
National Guard offices, when <<NOTE: 10 USC 1143 note.>> appropriate.
(e) Payment of Staffing Agency Fees.--To encourage employers to
employ an eligible member of the Armed Forces under the program if
executed under this section, the Secretary of Defense shall pay a
participating civilian employment staffing agency a portion of its
agency fee (not to exceed 50 percent above the member's hourly wage).
Payment of the agency fee will only be made after the member has been
employed and paid by the private sector and the hours worked have been
verified by the Secretary. The staffing agency shall be paid on a weekly
basis only for hours the member worked, but not to exceed a total of 800
hours.
(f) Oversight Requirements.--In conducting the program, the
Secretary of Defense shall establish--
(1) program monitoring standards; and
(2) reporting requirements, including the hourly wage for
each eligible member of the Armed Forces obtaining employment
under the program, the numbers of hours worked during the month,
and the number of members who remained employed with the same
employer after completing the first 800 hours of employment.
(g) Source and Limitation on Program Obligations.--Of the amounts
authorized to be appropriated to the Secretary of Defense for operation
and maintenance for each fiscal year during which the program under this
section is authorized, not more than $35,000,000 may be used to carry
out the program.
(h) Reporting Requirements.--
(1) Report required.--If the Secretary of Defense executes
the program under this section, the Secretary shall submit to
the appropriate congressional committees a report describing the
results of the program, particularly whether the program
achieved the purposes specified in subsection (a). The report
shall be submitted not later than January 15, 2019.
(2) Comparison with other programs.--The report shall
include a comparison of the results of the program conducted
under this section and the results of other employment assistant
programs utilized by the Department of Defense. The comparison
shall include the number of members of the Armed Forces
obtaining employment through each program and the cost to the
Department per member.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' means
the congressional defense committees, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(i) Duration of Authority.--The authority of the Secretary of
Defense to carry out programs under this section expires on September
30, 2018.
SEC. 556. PLAN FOR EDUCATION OF MEMBERS OF ARMED FORCES ON CYBER
MATTERS.
(a) Plan Required.--Not later than 360 days after the date of the
enactment of this Act, the Secretary of Defense, in cooperation with the
Secretaries of the military departments, shall submit to the Committees
on Armed Services of the Senate and the House
[[Page 128 STAT. 3381]]
of Representatives a plan for the education of officers and enlisted
members of the Armed Forces relating to cyber security and cyber
activities of the Department of Defense.
(b) Elements.--The plan submitted under subsection (a) shall include
the following:
(1) A framework for provision of basic cyber education for
all members of the Armed Forces.
(2) A framework for undergraduate and postgraduate
education, joint professional military education, and strategic
war gaming for cyber strategic and operational leadership.
(3) Definitions of required positions, including military
occupational specialties and rating specialties for each
military department, along with the corresponding level of cyber
training, education, qualifications, or certifications required
for each specialty.
SEC. 557. <<NOTE: 10 USC 1144 note.>> ENHANCEMENT OF INFORMATION
PROVIDED TO MEMBERS OF THE ARMED FORCES
AND VETERANS REGARDING USE OF POST-9/11
EDUCATIONAL ASSISTANCE AND FEDERAL
FINANCIAL AID THROUGH TRANSITION
ASSISTANCE PROGRAM.
(a) Additional Information Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
enhance the higher education component of the Transition
Assistance Program (TAP) of the Department of Defense by
providing additional information that is more complete and
accurate than the information provided as of the day before the
date of the enactment of this Act to individuals who apply for
educational assistance under chapter 30 or 33 of title 38,
United States Code, to pursue a program of education at an
institution of higher learning.
(2) Elements.--The additional information required by
paragraph (1) shall include the following:
(A) Information provided by the Secretary of
Education that is publically available and addresses--
(i) to the extent practicable, differences
between types of institutions of higher learning
in such matters as tuition and fees, admission
requirements, accreditation, transferability of
credits, credit for qualifying military training,
time required to complete a degree, and retention
and job placement rates; and
(ii) how Federal educational assistance
provided under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.) may be used
in conjunction with educational assistance
provided under chapters 30 and 33 of title 38,
United States Code.
(B) Information about the Postsecondary Education
Complaint System of the Department of Defense, the
Department of Veterans Affairs, the Department of
Education, and the Consumer Financial Protection Bureau.
(C) Information about the GI Bill Comparison Tool of
the Department of Veterans Affairs.
(D) Information about each of the Principles of
Excellence established by the Secretary of Defense, the
Secretary of Veterans Affairs, and the Secretary of
Education pursuant to Executive Order 13607 of April 27,
2012 (77 Fed.
[[Page 128 STAT. 3382]]
Reg. 25861), including how to recognize whether an
institution of higher learning may be violating any of
such principles.
(E) Information to enable individuals described in
paragraph (1) to develop a post-secondary education plan
appropriate and compatible with their educational goals.
(F) Such other information as the Secretary of
Education considers appropriate.
(3) Consultation.--In carrying out this subsection, the
Secretary of Defense shall consult with the Secretary of
Veterans Affairs, the Secretary of Education, and the Director
of the Consumer Financial Protection Bureau.
(b) Availability of Higher Education Component Online.--Not later
than one year after the date of the enactment of this Act, the Secretary
of Defense shall ensure that the higher education component of the
Transition Assistance Program is available to members of the Armed
Forces on an Internet website of the Department of Defense so that
members have an option to complete such component electronically and
remotely.
(c) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the
meaning given such term in section 3452 of title 38, United
States Code.
(2) The term ``types of institutions of higher learning''
means the following:
(A) An educational institution described in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(B) An educational institution described in
subsection (b) or (c) of section 102 of such Act (20
U.S.C. 1002).
SEC. 558. <<NOTE: 10 USC 1144 note.>> PROCEDURES FOR PROVISION OF
CERTAIN INFORMATION TO STATE VETERANS
AGENCIES TO FACILITATE THE TRANSITION OF
MEMBERS OF THE ARMED FORCES FROM MILITARY
SERVICE TO CIVILIAN LIFE.
(a) Procedures Required.--The Secretary of Defense shall develop
procedures to share the information described in subsection (b)
regarding members of the Armed Forces who are being separated from the
Armed Forces with State veterans agencies in electronic data format as a
means of facilitating the transition of such members from military
service to civilian life.
(b) Covered Information.--The information to be shared with State
veterans agencies regarding a member shall include the following:
(1) Military service and separation data.
(2) A personal email address.
(3) A personal telephone number.
(4) A mailing address.
(c) Consent.--The procedures developed pursuant to subsection (a)
shall require the consent of a member of the Armed Forces before any
information described in subsection (b) regarding the member is shared
with a State veterans agency.
(d) Use of Information.--The Secretary of Defense shall ensure that
the information shared with State veterans agencies in accordance with
the procedures developed pursuant to subsection (a) is only shared by
such agencies with county government veterans
[[Page 128 STAT. 3383]]
service offices for such purposes as the Secretary shall specify for the
administration and delivery of benefits.
(e) 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 Committees on Armed Services and Veterans' Affairs of the
Senate and the House of Representatives a report on the progress
made by the Secretary--
(A) in developing the procedures required by
subsection (a); and
(B) in sharing information with State veterans
agencies as described in such subsection.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the procedures developed to
share information with State veterans agencies.
(B) A description of the sharing activities carried
out by the Secretary in accordance with such procedures.
(C) The number of members of the Armed Force who
gave their consent for the sharing of information with
State veterans agencies.
(D) Such recommendations as the Secretary may have
for legislative or administrative action to improve the
sharing of information as described in subsection (a).
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
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 2015 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $25,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2015
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).
[[Page 128 STAT. 3384]]
SEC. 563. <<NOTE: 20 USC 7702.>> AMENDMENTS TO THE IMPACT AID
IMPROVEMENT ACT OF 2012.
Section 563(c) of National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 6301 note) is
amended--
(1) in paragraph (1)--
(A) by inserting ``(other than the amendment made by
paragraph (3)(A) of such subsection)'' after
``subsection (b)''; and
(B) by striking ``2-year'' and inserting ``5-year'';
and
(2) in paragraph (4)--
(A) by inserting ``(other than the amendment made by
paragraph (3)(A) of such subsection)'' after
``subsection (b)'';
(B) by striking ``2-year'' and inserting ``5-year'';
and
(C) by inserting ``(other than the amendment made by
paragraph (3)(A) of such subsection)'' after ``made by
such subsection''.
SEC. 564. AUTHORITY TO EMPLOY NON-UNITED STATES CITIZENS AS
TEACHERS IN DEPARTMENT OF DEFENSE OVERSEAS
DEPENDENTS' SCHOOL SYSTEM.
Section 2(2)(A) of the Defense Department Overseas Teachers Pay and
Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting
before the comma at the end the following: ``or, in the case of a
teaching position that involves instruction in the host-nation language,
a local national when a citizen of the United States is not reasonably
available to provide such instruction''.
SEC. 565. INCLUSION OF DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS AMONG FUNCTIONS OF ADVISORY
COUNCIL ON DEPENDENTS' EDUCATION.
(a) Expansion of Functions.--Subsection (c) of section 1411 of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 929) is amended--
(1) in paragraph (1), by inserting ``, and of the domestic
dependent elementary and secondary school system established
under section 2164 of title 10, United States Code,'' after ``of
the defense dependents' education system''; and
(2) in paragraph (2), by inserting ``and in the domestic
dependent elementary and secondary school system'' before the
comma at the end.
(b) Membership of Council.--Subsection (a)(1)(B) of such section is
amended--
(1) by inserting ``and the domestic dependent elementary and
secondary schools established under section 2164 of title 10,
United States Code'' after ``the defense dependents' education
system''; and
(2) by inserting ``either'' before ``such system''.
SEC. 566. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO
ARE MEMBERS OF THE ARMED FORCES.
(a) Child Custody Protection.--Title II of the Servicemembers Civil
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end
the following new section:
[[Page 128 STAT. 3385]]
``SEC. 208. <<NOTE: 50 USC app. 528.>> CHILD CUSTODY PROTECTION.
``(a) Duration of Temporary Custody Order Based on Certain
Deployments.--If a court renders a temporary order for custodial
responsibility for a child based solely on a deployment or anticipated
deployment of a parent who is a servicemember, the court shall require
that the temporary order shall expire not later than the period
justified by the deployment of the servicemember.
``(b) Limitation on Consideration of Member's Deployment in
Determination of Child's Best Interest.--If a motion or a petition is
filed seeking a permanent order to modify the custody of the child of a
servicemember, no court may consider the absence of the servicemember by
reason of deployment, or the possibility of deployment, as the sole
factor in determining the best interest of the child.
``(c) No Federal Jurisdiction or Right of Action or Removal.--
Nothing in this section shall create a Federal right of action or
otherwise give rise to Federal jurisdiction or create a right of
removal.
``(d) Preemption.--In any case where State law applicable to a child
custody proceeding involving a temporary order as contemplated in this
section provides a higher standard of protection to the rights of the
parent who is a deploying servicemember than the rights provided under
this section with respect to such temporary order, the appropriate court
shall apply the higher State standard.
``(e) Deployment Defined.--In this section, the term `deployment'
means the movement or mobilization of a servicemember to a location for
a period of longer than 60 days and not longer than 540 days pursuant to
temporary or permanent official orders--
``(1) that are designated as unaccompanied;
``(2) for which dependent travel is not authorized; or
``(3) that otherwise do not permit the movement of family
members to that location.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
II the following new item:
``Sec. 208. Child custody protection.''.
SEC. 567. <<NOTE: 10 USC 1071 note.>> IMPROVED CONSISTENCY IN
DATA COLLECTION AND REPORTING IN ARMED
FORCES SUICIDE PREVENTION EFFORTS.
(a) Policy for Standard Suicide Data Collection, Reporting, and
Assessment.--
(1) Policy required.--The Secretary of Defense shall
prescribe a policy for the development of a standard method for
collecting, reporting, and assessing information regarding--
(A) any suicide or attempted suicide involving a
member of the Armed Forces, including reserve components
thereof; and
(B) any death that is reported as a suicide
involving a dependent of a member of the Armed Forces.
(2) Purpose of policy.--The purpose of the policy required
by this subsection is to improve the consistency and
comprehensiveness of--
(A) the suicide prevention policy developed pursuant
to section 582 of the National Defense Authorization Act
[[Page 128 STAT. 3386]]
for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071
note); and
(B) the suicide prevention and resilience program
for the National Guard and Reserves established pursuant
to section 10219 of title 10, United States Code.
(3) Consultation.--The Secretary of Defense shall develop
the policy required by this subsection in consultation with the
Secretaries of the military departments and the Chief of the
National Guard Bureau.
(b) Submission and Implementation of Policy.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
the policy developed under subsection (a) to the Committees on
Armed Services of the Senate and the House of Representatives.
(2) Implementation.--The Secretaries of the military
departments shall implement the policy developed under
subsection (a) not later than 180 days after the date of the
submittal of the policy under paragraph (1).
(c) Dependent Defined.--In this section, the term ``dependent'',
with respect to a member of the Armed Forces, means a person described
in section 1072(2) of title 10, United States Code, except that, in the
case of a parent or parent-in-law of the member, the income requirements
of subparagraph (E) of such section do not apply.
SEC. 568. <<NOTE: 10 USC 1784 note.>> IMPROVED DATA COLLECTION
RELATED TO EFFORTS TO REDUCE
UNDEREMPLOYMENT OF SPOUSES OF MEMBERS OF
THE ARMED FORCES AND CLOSE THE WAGE GAP
BETWEEN MILITARY SPOUSES AND THEIR
CIVILIAN COUNTERPARTS.
(a) Data Collection Efforts.--In addition to monitoring the number
of spouses of members of the Armed Forces who obtain employment through
military spouse employment programs, the Secretary of Defense shall
collect data to evaluate the effectiveness of military spouse employment
programs--
(1) in addressing the underemployment of military spouses;
(2) in matching military spouses' education and experience
to available employment positions; and
(3) in closing the wage gap between military spouses and
their civilian counterparts.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report evaluating the progress of
military spouse employment programs--
(1) in reducing military spouse unemployment and
underemployment; and
(2) in reducing the wage gap between military spouses and
their civilian counterparts.
(c) Military Spouse Employment Programs Defined.--In this section,
the term ``military spouse employment programs'' means the Military
Spouse Employment Partnership (MSEP).
[[Page 128 STAT. 3387]]
Subtitle G--Decorations and Awards
SEC. 571. MEDALS FOR MEMBERS OF THE ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO
WERE KILLED OR WOUNDED IN AN ATTACK BY A
FOREIGN TERRORIST ORGANIZATION.
(a) Purple Heart.--
(1) Award.--
(A) In general.--Chapter 57 of title 10, United
States Code, is amended by inserting after section 1129
the following new section:
``Sec. 1129a. <<NOTE: 10 USC 1129a.>> Purple Heart: members
killed or wounded in attacks by foreign
terrorist organizations
``(a) In General.--For purposes of the award of the Purple Heart,
the Secretary concerned shall treat a member of the armed forces
described in subsection (b) in the same manner as a member who is killed
or wounded as a result of an international terrorist attack against the
United States.
``(b) Covered Members.--(1) A member described in this subsection is
a member on active duty who was killed or wounded in an attack by a
foreign terrorist organization in circumstances where the death or wound
is the result of an attack targeted on the member due to such member's
status as a member of the armed forces, unless the death or wound is the
result of willful misconduct of the member.
``(2) For purposes of this section, an attack by an individual or
entity shall be considered to be an attack by a foreign terrorist
organization if--
``(A) the individual or entity was in communication with the
foreign terrorist organization before the attack; and
``(B) the attack was inspired or motivated by the foreign
terrorist organization.
``(c) Foreign Terrorist Organization Defined.--In this section, the
term `foreign terrorist organization' means an entity designated as a
foreign terrorist organization by the Secretary of State pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 57 of such title <<NOTE: 10
USC prec. 1121.>> is amended by inserting after the
item relating to section 1129 the following new item:
``1129a. Purple Heart: members killed or wounded in attacks by foreign
terrorist organizations.''.
(2) <<NOTE: 10 USC 1129a note.>> Retroactive effective date
and application.--
(A) Effective date.--The amendments made by
paragraph (1) shall take effect as of September 11,
2001.
(B) Review of certain previous incidents.--The
Secretary concerned shall undertake a review of each
death or wounding of a member of the Armed Forces that
occurred between September 11, 2001, and the date of the
enactment of this Act under circumstances that could
qualify as being the result of an attack described in
section 1129a of title 10, United States Code (as added
by paragraph (1)), to determine whether the death or
wounding qualifies as a
[[Page 128 STAT. 3388]]
death or wounding resulting from an attack by a foreign
terrorist organization for purposes of the award of the
Purple Heart pursuant to such section (as so added).
(C) Actions following review.--If the death or
wounding of a member of the Armed Forces reviewed under
subparagraph (B) is determined to qualify as a death or
wounding resulting from an attack by a foreign terrorist
organization as described in section 1129a of title 10,
United States Code (as so added), the Secretary
concerned shall take appropriate action under such
section to award the Purple Heart to the member.
(D) Secretary concerned defined.--In this paragraph,
the term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United
States Code.
(b) Secretary of Defense Medal for the Defense of Freedom.--
(1) Review of the november 5, 2009, attack at fort hood,
texas.--If the Secretary concerned determines, after a review
under subsection (a)(2)(B) regarding the attack that occurred at
Fort Hood, Texas, on November 5, 2009, that the death or
wounding of any member of the Armed Forces in that attack
qualified as a death or wounding resulting from an attack by a
foreign terrorist organization as described in section 1129a of
title 10, United States Code (as added by subsection (a)), the
Secretary of Defense shall make a determination as to whether
the death or wounding of any civilian employee of the Department
of Defense or civilian contractor in the same attack meets the
eligibility criteria for the award of the Secretary of Defense
Medal for the Defense of Freedom.
(2) Award.--If the Secretary of Defense determines under
paragraph (1) that the death or wounding of any civilian
employee of the Department of Defense or civilian contractor in
the attack that occurred at Fort Hood, Texas, on November 5,
2009, meets the eligibility criteria for the award of the
Secretary of Defense Medal for the Defense of Freedom, the
Secretary shall take appropriate action to award the Secretary
of Defense Medal for the Defense of Freedom to the employee or
contractor.
SEC. 572. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO MEMBERS
OF THE ARMED FORCES FOR ACTS OF VALOR
DURING WORLD WAR I.
(a) William Shemin.--
(1) Waiver of time limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States
Code, or any other time limitation with respect to the awarding
of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 3741 of
such title to William Shemin for the acts of valor during World
War I described in paragraph (1).
(2) Acts of valor described.--The acts of valor referred to
in paragraph (1) are the actions of William Shemin while serving
as a Rifleman with G Company, 2d Battalion, 47th Infantry
Regiment, 4th Division, American Expeditionary Forces, in
connection with combat operations against an armed enemy on the
Vesle River, near Bazoches, France, from August
[[Page 128 STAT. 3389]]
7 to August 9, 1918, during World War I for which he was
originally awarded the Distinguished Service Cross.
(b) Henry Johnson.--
(1) Waiver of time limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States
Code, or any other time limitation with respect to the awarding
of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 3741 of
such title to Henry Johnson for the acts of valor during World
War I described in paragraph (2).
(2) Acts of valor described.--The acts of valor referred to
in paragraph (2) are the actions of Henry Johnson while serving
as a member of Company C, 369th Infantry Regiment, 93rd
Division, American Expeditionary Forces, during combat
operations against the enemy on the front lines of the Western
Front in France on May 15, 1918, during World War I for which he
was previously awarded the Distinguished Service Cross.
Subtitle H--Miscellaneous Reporting Requirements
SEC. 581. REVIEW AND REPORT ON MILITARY PROGRAMS AND CONTROLS
REGARDING PROFESSIONALISM.
(a) Review Required.--The Secretary of Defense shall conduct a
preliminary review of the effectiveness of current programs and controls
of the Department of Defense and the military departments regarding the
professionalism of members of the Armed Forces.
(b) Submission of Report.--Not later than September 1, 2015, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing
recommendations to strengthen professionalism programs in the Department
of Defense.
SEC. 582. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS
OF UNITED STATES SPECIAL OPERATIONS
FORCES.
(a) Review Required.--The Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness and the Assistant
Secretary of Defense for Special Operations and Low Intensity Conflict,
shall conduct a review of Department of Defense efforts regarding the
prevention of suicide among members of United States Special Operations
Forces and their dependents.
(b) Consultation.--In conducting the review under subsection (a),
the Secretary of Defense shall consult with, and consider the
recommendations of, the Office of Suicide Prevention, the Secretaries of
the military departments, the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict, and the United States Special
Operations Command regarding the feasibility of implementing, for
members of United States Special Operations Forces and their dependents,
particular elements of the Department of Defense suicide prevention
policy developed pursuant to section 533 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C.
1071 note) and section
[[Page 128 STAT. 3390]]
582 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239. 10 U.S.C. 1071 note).
(c) Elements of Review.--The review conducted under subsection (a)
shall specifically include an assessment of each of the following:
(1) Current Armed Forces and United States Special
Operations Command policy guidelines on the prevention of
suicide among members of United States Special Operations Forces
and their dependents.
(2) Current and directed Armed Forces and United States
Special Operations Command suicide prevention programs and
activities for members of United States Special Operations
Forces and their dependents, including programs provided by the
Defense Health Program and the Office of Suicide Prevention and
programs supporting family members.
(3) Current Armed Forces and United States Special
Operations Command strategies to reduce suicides among members
of United States Special Operations Forces and their dependents,
including the cost of such strategies across the future-years
defense program.
(4) Current Armed Forces and United States Special
Operations Command standards of care for suicide prevention
among members of United States Special Operations Forces and
their dependents, including training standards for behavioral
health care providers to ensure that such providers receive
training on clinical best practices and evidence-based
treatments as information on such practices and treatments
becomes available.
(5) The integration of mental health screenings and suicide
risk and prevention efforts for members of United States Special
Operations Forces and their dependents into the delivery of
primary care for such members and dependents.
(6) The standards for responding to attempted or completed
suicides among members of United States Special Operations
Forces and their dependents, including guidance and training to
assist commanders in addressing incidents of attempted or
completed suicide within their units.
(7) The standards regarding data collection for individual
members of United States Special Operations Forces and their
dependents, including related factors such as domestic violence
and child abuse.
(8) The means to ensure the protection of privacy of members
of United States Special Operations Forces and their dependents
who seek or receive treatment related to suicide prevention.
(9) The potential need to differentiate members of United
States Special Operations Forces and their dependents from
members of conventional forces and their dependents in the
development and delivery of the Department of Defense suicide
prevention program.
(10) Such other matters as the Secretary of Defense
considers appropriate in connection with the prevention of
suicide among members of United States Special Operations Forces
and their dependents.
(d) Submission of Report.--Not later than 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
[[Page 128 STAT. 3391]]
and the House of Representatives a report containing the results of the
review conducted under subsection (a).
SEC. 583. REVIEW AND REPORT ON PROVISION OF JOB PLACEMENT
ASSISTANCE AND RELATED EMPLOYMENT SERVICES
DIRECTLY TO MEMBERS OF THE RESERVE
COMPONENTS.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the feasibility of improving the efforts of the Department of
Defense to provide job placement assistance and related employment
services directly to members in the National Guard and Reserves. In
evaluating potential job placement programs, the Secretary shall
consider--
(1) the likely cost of the program;
(2) the impact of the program on increasing employment
opportunities and results for members of the reserve components;
and
(3) how a Department program would compare to other
unemployment or underemployment programs of the Federal
Government already available to members of the reserve
components.
(b) Submission of Report.--Not later than April 1, 2015, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing the
results of the review.
SEC. 584. REPORT ON FOREIGN LANGUAGE, REGIONAL EXPERTISE, AND
CULTURE CONSIDERATIONS IN OVERSEAS
MILITARY OPERATIONS.
(a) Report Required.--Not later than 270 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 concerning--
(1) foreign language, regional expertise, and culture
considerations, including gender-based considerations in the
context of foreign cultural norms; and
(2) how such considerations factor into the planning and
execution of overseas operations and missions of the Armed
Forces.
(b) Consultation.--In preparing the report under subsection (a), the
Secretary of Defense shall consult with, and consider the
recommendations of, the Chairman of the Joint Chiefs of Staff.
(c) Elements of Report.--The report required by subsection (a) shall
include the following elements:
(1) An assessment of how foreign language, regional
expertise, and culture considerations, including gender-based
considerations in the context of foreign cultural norms, affect
overseas operations and missions of the Armed Forces, including
lessons learned as a result of members of the Armed Forces
engaging with female civilian populations in Iraq and
Afghanistan and during other overseas operations and missions.
(2) An identification of how the Department of Defense
addresses such considerations in its planning and execution of
overseas operations and missions, including how it educates
military commanders on foreign language, regional expertise, and
culture considerations, including gender-based considerations in
the context of foreign cultural norms.
(3) An evaluation of the adequacy of current programs and
the need for additional or modified programs to train
[[Page 128 STAT. 3392]]
members of the Armed Forces regarding such considerations,
including proposed changes in the length of training and
curriculum.
(4) An evaluation of the need for advisors within the
military commands and Armed Forces, including billet
descriptions for such advisors, where to assign them within the
military command and Armed Forces, and the desirability and
feasibility of assigning such advisors in combatant command and
joint task force staffs.
(5) Any other matters the Secretary of Defense may determine
to be appropriate.
(d) Form of Report.--The report prepared under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 585. DEADLINE FOR SUBMISSION OF REPORT CONTAINING RESULTS OF
REVIEW OF OFFICE OF DIVERSITY MANAGEMENT
AND EQUAL OPPORTUNITY ROLE IN SEXUAL
HARASSMENT CASES.
Not later than April 1, 2015, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report containing the results of the review conducted
pursuant to section 1735 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 976).
SEC. 586. INDEPENDENT ASSESSMENT OF RISK AND RESILIENCY OF UNITED
STATES SPECIAL OPERATIONS FORCES AND
EFFECTIVENESS OF THE PRESERVATION OF THE
FORCE AND FAMILIES AND HUMAN PERFORMANCE
PROGRAMS.
(a) Assessment Required.--The Secretary of Defense shall provide for
an independent assessment of--
(1) the mental, behavioral, and psychological health
challenges facing members of the Armed Forces assigned to
special operations forces; and
(2) the effectiveness of the Preservation of the Force and
Families Program and the Human Performance Program of the United
States Special Operations Command in addressing such challenges.
(b) Entity Conducting Assessment.--To conduct the assessment
required by subsection (a), the Secretary of Defense shall select a
federally funded research and development center or another appropriate
independent entity.
(c) Assessment Elements.--The assessment required by subsection (a)
shall specifically include the following:
(1) The factors contributing to the mental, behavioral, and
psychological health challenges facing members of the Armed
Forces assigned to special operations forces.
(2) The effectiveness of the Preservation of the Force and
Families Program in addressing the mental, behavioral, and
psychological health of members of the special operations
forces, including the extent to which measurements of
effectiveness are being utilized to assess progress--
(A) in reducing suicide and other mental,
behavioral, and psychological risks; and
(B) in increasing the resiliency of such members.
(3) The effectiveness of the Human Performance Program in
improving the mental, behavioral, and psychological health
[[Page 128 STAT. 3393]]
of members of the special operations forces, including the
extent to which measurements of effectiveness are being utilized
to assess progress--
(A) in reducing suicide and other mental, behavioral
and psychological risks; and
(B) in increasing the resiliency of such members.
(4) Such other matters as the Secretary of Defense considers
appropriate.
(d) Submission of Report.--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 containing the results of the
assessment conducted under subsection (a).
SEC. 587. COMPTROLLER GENERAL REPORT ON HAZING IN THE ARMED
FORCES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the designated congressional committees a report on the
policies to prevent hazing, and systems initiated to track incidents of
hazing, in each of the Armed Forces.
(b) Elements of Report.--The report required by subsection (a) shall
include the following:
(1) An evaluation of the definition of hazing by the Armed
Forces.
(2) A description of the criteria used, and the methods
implemented, in the systems to track incidents of hazing in the
Armed Forces.
(3) The number of alleged and substantiated incidents of
hazing, as reflected in the tracking systems, over the last two
years for each Armed Force, the nature of these incidents, and
actions taken to address such incidents through non-judicial and
judicial action.
(4) An assessment of the following:
(A) The prevalence of hazing in each Armed Force.
(B) The policies in place and the training on hazing
provided to members throughout the course of their
careers for each Armed Force.
(C) The available outlets through which victims or
witnesses of hazing can report hazing both within and
outside their chain of command, and whether or not
anonymous reporting is permitted.
(D) The actions taken to mitigate hazing incidents
in each Armed Force.
(E) The effectiveness of the training and policies
in place regarding hazing.
(5) An evaluation of the additional actions, if any, the
Secretary of Defense and the Secretary of Homeland Security
propose to take to further address hazing in the Armed Forces.
(6) Such recommendations as the Comptroller General
considers appropriate for improving hazing prevention programs,
policies, and other actions taken to address hazing within the
Armed Forces.
(c) Designated Congressional Committees Defined.--In this section,
the term ``designated congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Commerce, Science and Transportation of the Senate; and
[[Page 128 STAT. 3394]]
(2) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 588. COMPTROLLER GENERAL REPORT ON IMPACT OF CERTAIN MENTAL
AND PHYSICAL TRAUMA ON DISCHARGES FROM
MILITARY SERVICE FOR MISCONDUCT.
(a) Report Required.--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 impact of mental and physical
trauma relating to Post Traumatic Stress Disorder (PTSD), Traumatic
Brain Injury (TBI), behavioral health matters not related to Post
Traumatic Stress Disorder, and other neurological combat traumas (in
this section referred to as ``covered traumas'') on the discharge of
members of the Armed Forces from the Armed Forces for misconduct.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the extent to which the Armed Forces
have in place processes for the consideration of the impact of
mental and physical trauma relating to covered traumas on
members of the Armed Forces who are being considered for
discharge from the Armed Forces for misconduct, including the
compliance of the Armed Forces with such processes and
mechanisms in the Department of Defense for ensuring the
compliance of the Armed Forces with such processes.
(2) An assessment of the extent to which the Armed Forces
provide members of the Armed Forces, including commanding
officers, junior officers, and noncommissioned officers,
training on the symptoms of covered traumas and the
identification of the presence of such conditions in members of
the Armed Forces.
(3) An assessment of the extent to which members of the
Armed Forces who receive treatment for a covered trauma before
discharge from the Armed Forces are later discharged from the
Armed Forces for misconduct.
(4) An identification of the number of members of the Armed
Forces discharged as described in paragraph (3) who are
ineligible for benefits from the Department of Veterans Affairs
based on characterization of discharge.
(5) An assessment of the extent to which members of the
Armed Forces who accept a discharge from the Armed Forces for
misconduct in lieu of trial by court-martial are counseled on
the potential for ineligibility for benefits from the Department
of Veterans Affairs as a result of such discharge before
acceptance of such discharge.
Subtitle I--Other Matters
SEC. 591. INSPECTION OF OUTPATIENT RESIDENTIAL FACILITIES OCCUPIED
BY RECOVERING SERVICE MEMBERS.
Section 1662(a) of the Wounded Warrior Act (title XVI of Public Law
110-181; 10 U.S.C. 1071 note) is amended by striking ``inspected on a
semiannual basis for the first two years after the enactment of this Act
and annually thereafter'' and inserting ``inspected at least once every
two years''.
[[Page 128 STAT. 3395]]
SEC. 592. DESIGNATION OF VOTER ASSISTANCE OFFICES.
(a) Designation Authority.--Subsection (a) of section 1566a of title
10, United States Code, is amended--
(1) by striking ``Not later than 180 days after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2010 and under'' and inserting ``Under''; and
(2) by inserting after ``their jurisdiction'' the following:
``, or at such installations as the Secretary of the military
department concerned shall determine are best located to provide
access to voter assistance services for all covered individuals
in a particular location,''.
(b) Report on Closure of Voter Assistance Office.--Subsection (f) of
such section is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of a military department shall provide the
Committees on Armed Services of the Senate and the House of
Representatives with notice of any decision by the Secretary to close a
voter assistance office that was designated on an installation before
the date of the enactment of this paragraph. The notice shall include
the rational for the closure, the timing of the closure, the number of
covered individuals supported by the office, and the plan for providing
the assistance available under subsection (a) to covered individuals
after the closure of the office.''.
SEC. 593. REPEAL OF ELECTRONIC VOTING DEMONSTRATION PROJECT.
Section 1604 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 52 U.S.C. 20301 note) is repealed.
SEC. 594. AUTHORITY FOR REMOVAL FROM NATIONAL CEMETERIES OF
REMAINS OF CERTAIN DECEASED MEMBERS OF THE
ARMED FORCES WHO HAVE NO KNOWN NEXT OF
KIN.
(a) Removal Authority.--Section 1488 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(c) Removal of Remains of Certain Members With No Known Next of
Kin.--(1) The Secretary of the Army may authorize the removal of the
remains of a covered member of the armed forces who is buried in an Army
National Military Cemetery from the Army National Military Cemetery for
transfer to any other cemetery.
``(2) The Secretary of the Army, with the concurrence of the
Secretary of Veterans Affairs, may authorize the removal of the remains
of a covered member of the armed forces who is buried in a cemetery of
the National Cemetery System from that cemetery for transfer to any Army
National Military Cemetery.
``(3) A removal of remains may not be authorized under this
subsection unless the individual seeking the removal of the remains--
``(A) demonstrates to the satisfaction of the Secretary of
the Army that the member of the armed forces concerned has no
known next of kin or other person who is interested in
maintaining the place of burial; and
[[Page 128 STAT. 3396]]
``(B) undertakes full responsibility for all expenses of the
removal of the remains and the reburial of the remains at
another cemetery as authorized by this subsection.
``(4) In this subsection:
``(A) The term `Army National Military Cemetery' means a
cemetery specified in section 4721(b) of this title.
``(B) The term `covered member of the armed forces' means a
member of the armed forces who--
``(i) has been awarded the Medal of Honor; and
``(ii) has no known next of kin.''.
(b) Conforming Amendments.--Such section is further amended--
(1) by inserting before ``If a cemetery'' the following:
``(a) Removal Upon Discontinuance of Installation Cemetery.--'';
(2) by striking ``his jurisdiction'' and inserting ``the
jurisdiction of the Secretary concerned''; and
(3) by inserting before ``With respect to'' the following:
``(b) Removal From Temporary Interment or Abandoned Grave or
Cemetery.--''.
SEC. 595. SENSE OF CONGRESS REGARDING LEAVING NO MEMBER OF THE
ARMED FORCES UNACCOUNTED FOR DURING THE
DRAWDOWN OF UNITED STATES FORCES IN
AFGHANISTAN.
It is the sense of Congress that the United States--
(1) should undertake every reasonable effort--
(A) to search for and repatriate members of the
Armed Forces who are missing; and
(B) to repatriate members of the Armed Forces who
are captured;
(2) has a responsibility to keep the promises made to
members of the Armed Forces who risk their lives on a daily
basis on behalf of the people of the United States; and
(3) while continuing to transition leadership roles in
combat operations in Afghanistan to the people of Afghanistan,
must continue to fulfill the promise of the United States
Soldier's Creed and the Warrior Ethos, which states that ``I
will never leave a fallen comrade'', with respect to any member
of the Armed Forces who is in a missing status or captured as a
result of service in Afghanistan now or in the future.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. No fiscal year 2015 increase in basic pay for general and flag
officers.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 603. Inclusion of Chief of the National Guard Bureau and Senior
Enlisted Advisor to the Chief of the National Guard Bureau
among senior members of the Armed Forces for purposes of pay
and allowances.
Sec. 604. Modification of computation of basic allowance for housing
inside the United States.
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.
[[Page 128 STAT. 3397]]
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Earlier determination of dependent status with respect to
transitional compensation for dependents of certain members
separated for dependent abuse.
Sec. 622. Modification of determination of retired pay base for officers
retired in general and flag officer grades.
Sec. 623. Inapplicability of reduced annual adjustment of retired pay
for members of the Armed Forces under the age of 62 under the
Bipartisan Budget Act of 2013 who first become members prior
to January 1, 2016.
Sec. 624. Survivor Benefit Plan annuities for special needs trusts
established for the benefit of dependent children incapable
of self-support.
Sec. 625. Modification of per-fiscal year calculation of days of certain
active duty or active service to reduce eligibility age for
retirement for non-regular service.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 631. Procurement of brand-name and other commercial items for
resale by commissary stores.
Sec. 632. Authority of nonappropriated fund instrumentalities to enter
into contracts with other Federal agencies and
instrumentalities to provide and obtain certain goods and
services.
Sec. 633. Competitive pricing of legal consumer tobacco products sold in
Department of Defense retail stores.
Sec. 634. Review of management, food, and pricing options for defense
commissary system.
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 203.>> NO FISCAL YEAR 2015 INCREASE IN
BASIC PAY FOR GENERAL AND FLAG OFFICERS.
In the case of commissioned officers in the uniformed services in
pay grades O-7 through O-10--
(1) section 203(a)(2) of title 37, United States Code, shall
be applied for rates of basic pay payable for such officers
during calendar year 2015 by using the rate of pay for level II
of the Executive Schedule in effect during 2014; and
(2) the rates of monthly basic pay payable for such officers
shall not increase during calendar year 2015.
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN
RATES OF BASIC ALLOWANCE FOR HOUSING UNDER
CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is amended by
striking ``December 31, 2014'' and inserting ``December 31, 2015''.
SEC. 603. INCLUSION OF CHIEF OF THE NATIONAL GUARD BUREAU AND
SENIOR ENLISTED ADVISOR TO THE CHIEF OF
THE NATIONAL GUARD BUREAU AMONG SENIOR
MEMBERS OF THE ARMED FORCES FOR PURPOSES
OF PAY AND ALLOWANCES.
(a) Basic Pay Rate Equal Treatment of Chief of the National Guard
Bureau and Senior Enlisted Advisor to the Chief of the National Guard
Bureau.--
(1) <<NOTE: 37 USC 203 note.>> Chief of the national guard
bureau.--The rate of basic pay for an officer while serving as
the Chief of the
[[Page 128 STAT. 3398]]
National Guard Bureau shall be the same as the rate of basic pay
for the officers specified in Footnote 2 of the table entitled
``commissioned officers'' in section 601(b) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 37 U.S.C. 1009 note), regardless of cumulative years of
service computed under section 205 of title 37, United States
Code.
(2) Senior enlisted advisor to the chief of the national
guard bureau.--
(A) In general.--Subsection (a)(1) of section 685 of
the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 37 U.S.C. 205 note) is amended
by inserting ``or as Senior Enlisted Advisor to the
Chief of the National Guard Bureau'' after ``Chairman of
the Joint Chiefs of Staff''.
(B) Clerical amendment.--The heading of such section
is amended by inserting ``and for the chief of the
national guard bureau'' after ``chairman of the joint
chiefs of staff''.
(b) Pay During Terminal Leave and While Hospitalized.--Section 210
of title 37, United States Code, is amended--
(1) in subsection (a), by inserting ``or the senior enlisted
advisor to the Chairman of the Joint Chiefs of Staff or the
Chief of the National Guard Bureau'' after ``that armed force''
the first place it appears; and
(2) in subsection (c), by striking paragraph (6).
(c) Personal Money Allowance.--Section 414 of title 37, United
States Code, is amended--
(1) in subsection (a)(5), by striking ``or Commandant of the
Coast Guard'' and inserting ``Commandant of the Coast Guard, or
Chief of the National Guard Bureau''; and
(2) in subsection (c), by striking ``or the Senior Enlisted
Advisor to the Chairman of the Joint Chiefs of Staff'' and
inserting ``the Senior Enlisted Advisor to the Chairman of the
Joint Chiefs of Staff, or the Senior Enlisted Advisor to the
Chief of the National Guard Bureau''.
(d) Retired Base Pay.--Section 1406(i) of title 10, United States
Code, is amended--
(1) in the subsection heading, by inserting ``Chief of the
National Guard Bureau,'' after ``Chiefs of Service,'';
(2) in paragraph (1)--
(A) by inserting ``as Chief of the National Guard
Bureau,'' after ``Chief of Service,''; and
(B) by inserting ``or the senior enlisted advisor to
the Chairman of the Joint Chiefs of Staff or the Chief
of the National Guard Bureau'' after ``of an armed
force''; and
(3) in paragraph (3)(B), by striking clause (vi).
(e) <<NOTE: 10 USC 1406 note.>> Effective Date.--This section and
the amendments made by this section shall take effect on the date of the
enactment of this Act, and shall apply with respect to months of service
that begin on or after that date.
SEC. 604. MODIFICATION OF COMPUTATION OF BASIC ALLOWANCE FOR
HOUSING INSIDE THE UNITED STATES.
(a) In General.--Paragraph (3) of section 403(b) of title 37, United
States Code, is amended to read as follows:
[[Page 128 STAT. 3399]]
``(3)(A) The monthly amount of the basic allowance for housing for
an area of the United States for a member of a uniformed service shall
be the amount equal to the difference between--
``(i) the amount of the monthly cost of adequate housing in
that area, as determined by the Secretary of Defense, for
members of the uniformed services serving in the same pay grade
and with the same dependency status as the member; and
``(ii) the amount equal to a specified percentage
(determined under subparagraph (B)) of the national average
monthly cost of adequate housing in the United States, as
determined by the Secretary, for members of the uniformed
services serving in the same pay grade and with the same
dependency status as the member.
``(B) The percentage to be used for purposes of subparagraph (A)(ii)
shall be determined by the Secretary of Defense and may not exceed one
percent.''.
(b) <<NOTE: 37 USC 403 note.>> Special Rule.--Any reduction
authorized by paragraph (3) of subsection (b) of section 403 of title
37, United States Code, as amended by subsection (a), shall not apply
with respect to benefits paid by the Secretary of Veterans Affairs under
the laws administered by the Secretary, including pursuant to sections
3108 and 3313 of title 38, United States Code. Such benefits that are
determined in accordance with such section 403 shall be subject to
paragraph (3) of such section as such paragraph was in effect on the day
before the date of the enactment of this Act.
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, 2014'' and inserting ``December 31, 2015'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve enlistment
bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve enlistment
and reenlistment bonus for persons with prior service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal commuting
distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service.
[[Page 128 STAT. 3400]]
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, 2014'' and
inserting ``December 31, 2015'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2014'' and
inserting ``December 31, 2015'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for medical
officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
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, 2014'' and inserting ``December 31, 2015'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
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, 2014'' and inserting ``December 31, 2015'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
[[Page 128 STAT. 3401]]
(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, 2014'' and inserting ``December 31, 2015'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 316a(g), relating to incentive pay for members
of precommissioning programs pursuing foreign language
proficiency.
(6) Section 324(g), relating to accession bonus for new
officers in critical skills.
(7) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(8) Section 327(h), relating to incentive bonus for transfer
between branches of the Armed Forces.
(9) Section 330(f), relating to accession bonus for officer
candidates.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
SEC. 621. EARLIER DETERMINATION OF DEPENDENT STATUS WITH RESPECT
TO TRANSITIONAL COMPENSATION FOR
DEPENDENTS OF CERTAIN MEMBERS SEPARATED
FOR DEPENDENT ABUSE.
Section 1059(d)(4) of title 10, United States Code, is amended by
striking ``as of the date on which the individual described in
subsection (b) is separated from active duty'' and inserting ``as of the
date on which the separation action is initiated by a commander of the
individual described in subsection (b)''.
SEC. 622. MODIFICATION OF DETERMINATION OF RETIRED PAY BASE FOR
OFFICERS RETIRED IN GENERAL AND FLAG
OFFICER GRADES.
(a) Reinstatement of Earlier Method of Determination.--Section 1407a
of title 10, United States Code, is amended to read as follows:
[[Page 128 STAT. 3402]]
``Sec. 1407a. Retired pay base: officers retired in general or
flag officer grades
``(a) Rates of Basic Pay to Be Used in Determination.--Except as
otherwise provided in this section, in a case in which the determination
under section 1406 or 1407 of this title of the retired pay base
applicable to the computation of the retired pay of a covered general or
flag officer involves a rate of basic pay payable to that officer for
any period between October 1, 2006, and December 31, 2014, that was
subject to a reduction under section 203(a)(2) of title 37 for such
period, such retired-pay-base determination shall be made using the rate
of basic pay for such period provided by law, without regard to the
reduction under section 203(a)(2) of title 37.
``(b) Partial Preservation of Computation of Retired Pay Base Using
Uncapped Rates of Basic Pay for Covered Officers Who First Became
Members Before September 8, 1980, and Whose Retired Pay Commences After
December 31, 2014.--
``(1) Officers retiring after december 31, 2014.--In the
case of a covered general or flag officer who first became a
member of a uniformed service before September 8, 1980, and who
is retired after December 31, 2014, under any provision of law
other than chapter 1223 of this title or is transferred to the
Retired Reserve after December 31, 2014, the retired pay base
applicable to the computation of the retired pay of that officer
shall be determined as provided in paragraph (2) if
determination of such retired pay base as provided in that
paragraph results in a higher retired pay base than
determination of such retired pay base as otherwise provided by
law (including the application of section 203(a)(2) of title
37).
``(2) Alternative determination of retired pay base using
uncapped rates of basic pay as of december 31, 2014.--For a
determination in accordance with this paragraph, the amount of
an officer's retired pay base shall be determined by using the
rate of basic pay provided as of December 31, 2014, for that
officer's grade as of that date for purposes of basic pay, with
that officer's years of service creditable as of that date for
purposes of basic pay, and without regard to any reduction under
section 203(a)(2) of title 37.
``(3) Exception for officer retired in a lower grade.--In a
case in which the retired grade of the officer is lower than the
grade in which the officer was serving on December 31, 2014,
paragraph (2) shall be applied as if the officer was serving on
that date in the officer's retired grade.
``(c) Preservation of Computation of Retired Pay Base Using Uncapped
Rates of Basic Pay for Officers Transferring to Retired Reserve During
Specified Period.--In the case of a covered general or flag officer who
is transferred to the Retired Reserve between October 1, 2006, and
December 31, 2014, and who becomes entitled to receive retired pay under
section 12731 of this title after December 31, 2014, the retired pay
base applicable to the computation of the retired pay of that officer
shall be determined using the rates of basic pay provided by law without
regard to any reduction in rates of basic pay under section 203(a)(2) of
title 37.
``(d) Covered General or Flag Officer Defined.--In this section, the
term `covered general or flag officer' means a member
[[Page 128 STAT. 3403]]
or former member of a uniformed service who after September 30, 2006--
``(1) is retired in a general officer grade or flag officer
grade (or an equivalent grade, in the case of an officer of the
commissioned corps of the Public Health Service or the National
Oceanic and Atmospheric Administration); or
``(2) is transferred to the Retired Reserve in a general
officer grade or flag officer grade.''.
(b) <<NOTE: 10 USC 1407a note.>> Applicability.--Section 1407a of
title 10, United States Code, as amended by subsection (a), shall be
effective for retired pay that commences after December 31, 2014.
SEC. 623. INAPPLICABILITY OF REDUCED ANNUAL ADJUSTMENT OF RETIRED
PAY FOR MEMBERS OF THE ARMED FORCES UNDER
THE AGE OF 62 UNDER THE BIPARTISAN BUDGET
ACT OF 2013 WHO FIRST BECOME MEMBERS PRIOR
TO JANUARY 1, 2016.
Subparagraph (G) of section 1401a(b)(4) of title 10, United States
Code, which shall take effect December 1, 2015, pursuant to section
403(a) of the Bipartisan Budget Act of 2013 (Public Law 113-67; 127
Stat. 1186)), as amended by section 10001 of the Department of Defense
Appropriations Act, 2014 (division C of Public Law 113-76; 128 Stat.
151) and section 2 of Public Law 113-82 (128 Stat. 1009), is amended by
striking ``January 1, 2014'' and inserting ``January 1, 2016''.
SEC. 624. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS TRUSTS
ESTABLISHED FOR THE BENEFIT OF DEPENDENT
CHILDREN INCAPABLE OF SELF-SUPPORT.
(a) Special Needs Trust as Eligible Beneficiary.--
(1) In general.--Subsection (a) of section 1450 of title 10,
United States Code, is amended--
(A) by redesignating paragraph (4) as paragraph (5);
and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Special needs trusts for sole benefit of certain
dependent children.--Notwithstanding subsection (i), a
supplemental or special needs trust established under
subparagraph (A) or (C) of section 1917(d)(4) of the Social
Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a
dependent child considered disabled under section 1614(a)(3) of
that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-
support because of mental or physical incapacity.''.
(2) Conforming amendments.--
(A) Annuities exemption.--Subsection (i) of such
section is amended by inserting ``(a)(4) or'' after
``subsection''.
(B) Plan requirements.--Section 1448 of such title
is amended--
(i) in subsection (b), by adding at the end
the following new paragraph:
``(6) Special needs trusts for sole benefit of certain
dependent children.--A person who has established a supplemental
or special needs trust under subparagraph (A) or (C) of section
1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4))
for the sole benefit of a dependent child considered disabled
under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who
is incapable of self-support because of mental
[[Page 128 STAT. 3404]]
or physical incapacity may elect to provide an annuity to that
supplemental or special needs trust.'';
(ii) in subsection (d)(2)--
(I) in subparagraph (A), by striking
``section 1450(a)(2)'' and inserting
``subsection (a)(2) or (a)(4) of section
1450''; and
(II) in subparagraph (B), by
striking ``section 1450(a)(3)'' and
inserting ``subsection (a)(3) or (a)(4)
of section 1450''; and
(iii) in subsection (f)(2), by inserting ``,
or to a special needs trust pursuant to section
1450(a)(4) of this title,'' after ``dependent
child''.
(b) Regulations.--Section 1455(d) of such title is amended--
(1) in the subsection heading, by striking ``and
Fiduciaries'' and inserting ``, Fiduciaries, and Special Needs
Trusts'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) a dependent child incapable of self-support
because of mental or physical incapacity for whom a
supplemental or special needs trust has been established
under subparagraph (A) or (C) of section 1917(d)(4) of
the Social Security Act (42 U.S.C. 1396p(d)(4)).'';
(3) in paragraph (2)--
(A) by redesignating subparagraphs (C) through (H)
as subparagraphs (D) through (I), respectively;
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) In the case of an annuitant referred to in
paragraph (1)(C), payment of the annuity to the
supplemental or special needs trust established for the
annuitant.'';
(C) in subparagraph (D), as redesignated by
subparagraph (A) of this paragraph, by striking
``subparagraphs (D) and (E)'' and inserting
``subparagraphs (E) and (F)''; and
(D) in subparagraph (H), as so redesignated--
(i) by inserting ``or (1)(C)'' after
``paragraph (1)(B)'' in the matter preceding
clause (i);
(ii) in clause (i), by striking ``and'' at the
end;
(iii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following new
clause:
``(iii) procedures for determining when
annuity payments to a supplemental or special
needs trust shall end based on the death or
marriage of the dependent child for which the
trust was established.''; and
(4) in paragraph (3), by striking ``or fiduciary'' in the
paragraph heading and inserting ``, fiduciary, or trust''.
[[Page 128 STAT. 3405]]
SEC. 625. MODIFICATION OF PER-FISCAL YEAR CALCULATION OF DAYS OF
CERTAIN ACTIVE DUTY OR ACTIVE SERVICE TO
REDUCE ELIGIBILITY AGE FOR RETIREMENT FOR
NON-REGULAR SERVICE.
Section 12731(f)(2)(A) of title 10, United States Code, is amended--
(1) by inserting ``, subject to subparagraph (C),'' after
``shall be reduced''; and
(2) by striking ``so performs in any fiscal year after such
date, subject to subparagraph (C)'' and inserting ``serves on
such active duty or performs such active service in any fiscal
year after January 28, 2008, or in any two consecutive fiscal
years after September 30, 2014''.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
SEC. 631. PROCUREMENT OF BRAND-NAME AND OTHER COMMERCIAL ITEMS FOR
RESALE BY COMMISSARY STORES.
Subsection (f) of section 2484 of title 10, United States Code, is
amended to read as follows:
``(f) Procurement of Commercial Items Using Procedures Other Than
Competitive Procedures.--The Secretary of Defense may use the exception
provided in section 2304(c)(5) of this title for the procurement of any
commercial item (including brand-name and generic items) for resale in,
at, or by commissary stores.''.
SEC. 632. AUTHORITY OF NONAPPROPRIATED FUND INSTRUMENTALITIES TO
ENTER INTO CONTRACTS WITH OTHER FEDERAL
AGENCIES AND INSTRUMENTALITIES TO PROVIDE
AND OBTAIN CERTAIN GOODS AND SERVICES.
Section 2492 of title 10, United States Code, is amended by striking
``Federal department, agency, or instrumentality'' and all that follows
through the period at the end of the section and inserting the
following: ``Federal department, agency, or instrumentality--
``(1) to provide or obtain goods and services beneficial to
the efficient management and operation of the exchange system or
that morale, welfare, and recreation system; or
``(2) to provide or obtain food services beneficial to the
efficient management and operation of the dining facilities on
military installations offering food services to members of the
armed forces.''.
SEC. 633. <<NOTE: 10 USC 2484 note.>> COMPETITIVE PRICING OF
LEGAL CONSUMER TOBACCO PRODUCTS SOLD IN
DEPARTMENT OF DEFENSE RETAIL STORES.
(a) Prohibition on Banning Sale of Legal Consumer Tobacco
Products.--The Secretary of Defense and the Secretaries of the military
departments may not take any action to implement any new policy that
would ban the sale of any legal consumer tobacco product category sold
as of January 1, 2014, within the defense retail systems or on any
Department of Defense vessel at sea.
[[Page 128 STAT. 3406]]
(b) Use of Prices Comparable to Local Prices.--The Secretary of
Defense shall issue regulations regarding the pricing of tobacco and
tobacco-related products sold in an outlet of the defense retail systems
inside the United States, including territories and possessions of the
United States, to prohibit the sale of a product at a price below the
most competitive price for that product in the local community.
(c) Application to Overseas Defense Retail Systems.--The regulations
required by subsection (b) shall direct that the price of a tobacco or
tobacco-related product sold in an outlet of the defense retail systems
outside of the United States shall be within the range of prices
established for that product in outlets of the defense retail systems
inside the United States.
(d) Defense Retail Systems Defined.--In this section, the term
``defense retail systems'' has the meaning given that term in section
2487(b)(2) of title 10, United States Code.
SEC. 634. REVIEW OF MANAGEMENT, FOOD, AND PRICING OPTIONS FOR
DEFENSE COMMISSARY SYSTEM.
(a) Review Required.--The Secretary of Defense shall conduct a
review, utilizing the services of an independent organization
experienced in grocery retail analysis, of the defense commissary system
to determine the qualitative and quantitative effects of--
(1) using variable pricing in commissary stores to reduce
the expenditure of appropriated funds to operate the defense
commissary system;
(2) implementing a program to make available more private
label products in commissary stores;
(3) converting the defense commissary system to a
nonappropriated fund instrumentality; and
(4) eliminating or at least reducing second-destination
funding.
(b) Additional Elements of Review.--The review required by this
section also shall consider the following:
(1) The impact of changes to the operation of the defense
commissary system on commissary patrons, in particular junior
enlisted members and junior officers and their dependents, that
would result from--
(A) displacing current value and name-brand products
with private-label products; and
(B) reducing or eliminating financial subsidies to
the commissary system.
(2) The sensitivity of commissary patrons, in particular
junior enlisted members and junior officers and their
dependents, to pricing changes that may result in reduced
overall cost savings for patrons.
(3) The feasibility of generating net revenue from pricing
and stock assortment changes.
(4) The relationship of higher prices and reduced patron
savings to patron usage and accompanying sales, both on a
national and regional basis.
(5) The impact of changes to the operation of the defense
commissary system on industry support; such as vendor stocking,
promotions, discounts, and merchandising activities and
programs.
[[Page 128 STAT. 3407]]
(6) The ability of the current commissary management and
information technology systems to accommodate changes to the
existing pricing and management structure.
(7) The product category management systems and expertise of
the Defense Commissary Agency.
(8) The impact of changes to the operation of the defense
commissary system on military exchanges and other morale,
welfare, and recreation programs for members of the Armed
Forces.
(9) The identification of management and legislative changes
that would be required in connection with changes to the defense
commissary system.
(10) An estimate of the time required to implement
recommended changes to the current pricing and management model
of the defense commissary system.
(c) Submission.--Not later than September 1, 2015, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing the results of the
review required by this section.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Mental health assessments for members of the Armed Forces.
Sec. 702. Modifications of cost-sharing and other requirements for the
TRICARE Pharmacy Benefits Program.
Sec. 703. Elimination of inpatient day limits and other limits in
provision of mental health services.
Sec. 704. Authority for provisional TRICARE coverage for emerging health
care services and supplies.
Sec. 705. Clarification of provision of food to former members and
dependents not receiving inpatient care in military medical
treatment facilities.
Sec. 706. Availability of breastfeeding support, supplies, and
counseling under the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Provision of notice of change to TRICARE benefits.
Sec. 712. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 713. Review of military health system modernization study.
Subtitle C--Reports and Other Matters
Sec. 721. Designation and responsibilities of senior medical advisor for
Armed Forces Retirement Home.
Sec. 722. Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 723. Report on status of reductions in TRICARE Prime service areas.
Sec. 724. Extension of authority to provide rehabilitation and
vocational benefits to members of the Armed Forces with
severe injuries or illnesses.
Sec. 725. Acquisition strategy for health care professional staffing
services.
Sec. 726. Pilot program on medication therapy management under TRICARE
program.
Sec. 727. Antimicrobial stewardship program at medical facilities of the
Department of Defense.
Sec. 728. Report on improvements in the identification and treatment of
mental health conditions and traumatic brain injury among
members of the Armed Forces.
Sec. 729. Report on efforts to treat infertility of military families.
Sec. 730. Report on implementation of recommendations of Institute of
Medicine on improvements to certain resilience and prevention
programs of the Department of Defense.
Sec. 731. Comptroller General report on transition of care for post-
traumatic stress disorder or traumatic brain injury.
Sec. 732. Comptroller General report on mental health stigma reduction
efforts in the Department of Defense.
[[Page 128 STAT. 3408]]
Sec. 733. Comptroller General report on women's health care services for
members of the Armed Forces and other covered beneficiaries.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED
FORCES.
(a) Annual Mental Health Assessments.--
(1) In general.--Chapter 55 of title 10, United States Code,
is amended by inserting after section 1074m the following new
section:
``Sec. 1074n. <<NOTE: 10 USC 1074n.>> Annual mental health
assessments for members of the armed forces
``(a) Mental Health Assessments.--Subject to subsection (c), not
less frequently than once each calendar year, the Secretary of Defense
shall provide a person-to-person mental health assessment for--
``(1) each member of a regular component of the armed
forces; and
``(2) each member of the Selected Reserve of an armed force.
``(b) Elements.--The mental health assessments provided pursuant to
this section shall--
``(1) be conducted in accordance with the requirements of
subsection (c)(1) of section 1074m of this title with respect to
a mental health assessment provided pursuant to such section;
and
``(2) include a review of the health records of the member
that are related to each previous health assessment or other
relevant activities of the member while serving in the armed
forces, as determined by the Secretary.
``(c) Sufficiency of Other Mental Health Assessments.--(1) The
Secretary is not required to provide a mental health assessment pursuant
to this section to an individual in a calendar year in which the
individual has received a mental health assessment pursuant to section
1074m of this title.
``(2) The Secretary may treat periodic health assessments and other
person-to-person assessments that are provided to members of the armed
forces, including examinations under section 1074f of this title, as
meeting the requirements for mental health assessments required under
this section if the Secretary determines that such assessments and
person-to-person assessments meet the requirements for mental health
assessments established by this section.
``(d) Privacy Matters.--Any medical or other personal information
obtained under this section shall be protected from disclosure or misuse
in accordance with the laws on privacy applicable to such information.
``(e) Regulations.--The Secretary of Defense shall, in consultation
with the other administering Secretaries, prescribe regulations for the
administration of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title <<NOTE: 10 USC prec.
1071.>> is amended by inserting
[[Page 128 STAT. 3409]]
after the item relating to section 1074m the following new item:
``1074n. Annual mental health assessments for members of the armed
forces.''.
(3) Implementation.--Not later than 180 days after the date
of the issuance of the regulations prescribed under section
1074n(e) of title 10, United States Code, as added by paragraph
(1), the Secretary of Defense shall implement such regulations.
(4) Report.--
(A) In general.--Not later than one year after the
date on which the Secretary of Defense implements the
regulations described in 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 report on the annual mental health
assessments of members of the Armed Forces conducted
pursuant to section 1074n of title 10, United States
Code, as added by paragraph (1).
(B) Matters included.--The report under subparagraph
(A) shall include the following:
(i) A description of the tools and processes
used to provide the annual mental health
assessments of members of the Armed Forces
conducted pursuant to such section 1074n,
including--
(I) whether such tools and processes
are evidenced-based; and
(II) the process by which such tools
and processes have been approved for use
in providing mental health assessments.
(ii) Such recommendations for improving the
tools and processes used to conduct such
assessments, including tools that may address the
underreporting of mental health conditions, as the
Secretary considers appropriate.
(iii) Such recommendations as the Secretary
considers appropriate for improving the monitoring
and reporting of the number of members of the
Armed Forces--
(I) who receive such assessments;
(II) who are referred for care based
on such assessments; and
(III) who receive care based on such
referrals.
(C) Treatment of certain information.--No personally
identifiable information of a member of the Armed Forces
may be included in any report under subparagraph (A).
(5) Conforming amendment.--Section 1074m(e)(1) of such title
is amended by inserting ``and section 1074n of this title''
after ``pursuant to this section''.
(b) Frequency of Mental Health Assessments for Deployed Members.--
(1) In general.--Section 1074m of such title is further
amended--
(A) in subsection (a)(1)--
(i) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively; and
[[Page 128 STAT. 3410]]
(ii) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Until January 1, 2019, once during each 180-day period
during which a member is deployed.''; and
(B) in subsection (c)(1)(A)--
(i) in clause (i), by striking ``; and'' and
inserting a semicolon;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following new clause:
``(ii) by personnel in deployed units whose
responsibilities include providing unit health care
services if such personnel are available and the use of
such personnel for the assessments would not impair the
capacity of such personnel to perform higher priority
tasks; and''.
(2) Conforming amendment.--Subsection (a)(2) of such section
1074m is amended by striking ``subparagraph (B) and (C)'' and
inserting ``subparagraphs (C) and (D)''.
SEC. 702. MODIFICATIONS OF COST-SHARING AND OTHER REQUIREMENTS FOR
THE TRICARE PHARMACY BENEFITS PROGRAM.
(a) Availability of Pharmaceutical Agents Through National Mail-
Order Pharmacy Program.--Paragraph (5) of section 1074g(a) of title 10,
United States Code, is amended--
(1) by striking ``at least one of the means described in
paragraph (2)(E)'' and inserting ``the national mail-order
pharmacy program''; and
(2) by striking ``may include'' and all that follows through
the period at the end and inserting ``shall include cost-sharing
by the eligible covered beneficiary as specified in paragraph
(6).''.
(b) Modification of Cost-Sharing Amounts.--Paragraph (6)(A) of such
section 1074g(a) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``$5'' and
inserting ``$8'';
(B) in subclause (II), by striking ``$17; and'' and
inserting ``$20.''; and
(C) by striking subclause (III); and
(2) in clause (ii)--
(A) in subclause (II), by striking ``$13'' and
inserting ``$16''; and
(B) in subclause (III), by striking ``$43'' and
inserting ``$46''.
(c) Refills of Prescription Maintenance Medications Through Military
Treatment Facility Pharmacies or National Mail Order Pharmacy Program.--
(1) In general.--Such section is further amended by adding
at the end the following new paragraph:
``(9)(A) Beginning on October 1, 2015, the pharmacy benefits program
shall require eligible covered beneficiaries generally to refill non-
generic prescription maintenance medications through military treatment
facility pharmacies or the national mail-order pharmacy program.
[[Page 128 STAT. 3411]]
``(B) The Secretary shall determine the maintenance medications
subject to the requirement under subparagraph (A). The Secretary shall
ensure that--
``(i) such medications are generally available to eligible
covered beneficiaries through retail pharmacies only for an
initial filling of a 30-day or less supply; and
``(ii) any refills of such medications are obtained through
a military treatment facility pharmacy or the national mail-
order pharmacy program.
``(C) The Secretary may exempt the following prescription
maintenance medications from the requirement of subparagraph (A):
``(i) Medications that are for acute care needs.
``(ii) Such other medications as the Secretary determines
appropriate.''.
(2) Termination of pilot program.--Section 716(f) of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 10 U.S.C. 1074g note) is amended by striking
``December 31, 2017'' and inserting ``September 30, 2015''.
(d) GAO Report on Pilot Program.--Not later than July 1, 2015, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the satisfaction of
beneficiaries participating in the pilot program under section 716 of
the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 10 U.S.C. 1074g note). Such report shall address the following:
(1) The satisfaction of beneficiaries participating in the
pilot program.
(2) The timeliness of refilling prescriptions under the
pilot program.
(3) The accuracy of prescription refills under the pilot
program.
(4) The availability of medications refilled under the pilot
program.
(5) The cost savings to the Department of Defense realized
by the pilot program.
(6) The number of beneficiaries who did not participate in
the pilot program by reason of subsection (c) of such section
716.
(7) Any other matters the Comptroller General considers
appropriate.
SEC. 703. ELIMINATION OF INPATIENT DAY LIMITS AND OTHER LIMITS IN
PROVISION OF MENTAL HEALTH SERVICES.
(a) Inpatient Day Limits.--Section 1079 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) through (17) as
paragraphs (6) through (16), respectively;
(2) by striking subsection (i); and
(3) by redesignating subsections (j) through (q) as
subsections (i) through (p), respectively.
(b) Waiver of Nonavailability Statement or Preauthorization.--
Section 721(a) of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (10 U.S.C. 1073 note) is amended by striking
``(other than mental health services)''.
[[Page 128 STAT. 3412]]
(c) Conforming Amendments.--Chapter 55 of title 10, United States
Code, is amended--
(1) in section 1079(e)(7), by striking ``subsection
(a)(13)'' and inserting ``subsection (a)(12)'';
(2) in section 1086--
(A) in subsection (d)(4)(A)(ii), by striking
``section 1079(j)(1)'' and inserting ``section
1079(i)(1)''; and
(B) in subsection (g), by striking ``Section
1079(j)'' and inserting ``Section 1079(i)''; and
(3) in section 1105(c), by striking ``section 1079(a)(7)''
and inserting ``section 1079(a)(6)''.
SEC. 704. AUTHORITY FOR PROVISIONAL TRICARE COVERAGE FOR EMERGING
HEALTH CARE SERVICES AND SUPPLIES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1079b the following new section:
``Sec. 1079c. <<NOTE: 10 USC 1079c.>> Provisional coverage for
emerging services and supplies
``(a) Provisional Coverage.--In carrying out the TRICARE program,
including pursuant to section 1079(a)(12) of this title, the Secretary
of Defense, acting through the Assistant Secretary of Defense for Health
Affairs, may provide provisional coverage for the provision of a service
or supply if the Secretary determines that such service or supply is
widely recognized in the United States as being safe and effective.
``(b) Consideration of Evidence.--In making a determination under
subsection (a), the Secretary may consider--
``(1) clinical trials published in refereed medical
literature;
``(2) formal technology assessments;
``(3) the positions of national medical policy
organizations;
``(4) national professional associations;
``(5) national expert opinion organizations; and
``(6) such other validated evidence as the Secretary
considers appropriate.
``(c) Independent Evaluation.--In making a determination under
subsection (a), the Secretary may arrange for an evaluation from the
Institute of Medicine of the National Academies or such other
independent entity as the Secretary selects.
``(d) Duration and Terms of Coverage.--(1) Provisional coverage
under subsection (a) for a service or supply may be in effect for not
longer than a total of five years.
``(2) Prior to the expiration of provisional coverage of a service
or supply, the Secretary shall determine the coverage, if any, that will
follow such provisional coverage and take appropriate action to
implement such determination. If the Secretary determines that the
implementation of such determination regarding coverage requires
legislative action, the Secretary shall make a timely recommendation to
Congress regarding such legislative action.
``(3) The Secretary, at any time, may--
``(A) terminate the provisional coverage under subsection
(a) of a service or supply, regardless of whether such
termination is before the end of the period described in
paragraph (1);
``(B) establish or disestablish terms and conditions for
such coverage; or
[[Page 128 STAT. 3413]]
``(C) take any other action with respect to such coverage.
``(e) Public Notice.--The Secretary shall promptly publish on a
publicly accessible Internet website of the TRICARE program a notice for
each service or supply that receives provisional coverage under
subsection (a), including any terms and conditions for such coverage.
``(f) Finality of Determinations.--Any determination to approve or
disapprove a service or supply under subsection (a) and any action made
under subsection (d)(3) shall be final.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 1071.>> is amended by inserting after
the item relating to section 1079b the following new item:
``1079c. Provisional coverage for emerging services and supplies.''.
SEC. 705. CLARIFICATION OF PROVISION OF FOOD TO FORMER MEMBERS AND
DEPENDENTS NOT RECEIVING INPATIENT CARE IN
MILITARY MEDICAL TREATMENT FACILITIES.
Section 1078b of title 10, United States Code, is amended--
(1) by striking ``A member'' each place it appears and
inserting ``A member or former member''; and
(2) in subsection (a)(2)(C), by striking ``member or
dependent'' and inserting ``member, former member, or
dependent''.
SEC. 706. AVAILABILITY OF BREASTFEEDING SUPPORT, SUPPLIES, AND
COUNSELING UNDER THE TRICARE PROGRAM.
Section 1079(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(17) Breastfeeding support, supplies (including breast
pumps and associated equipment), and counseling shall be
provided as appropriate during pregnancy and the postpartum
period.''.
Subtitle B--Health Care Administration
SEC. 711. PROVISION OF NOTICE OF CHANGE TO TRICARE BENEFITS.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1097c the following new section:
``Sec. 1097d. <<NOTE: 10 USC 1097d.>> TRICARE program: notice of
change to benefits
``(a) Provision of Notice.--(1) If the Secretary makes a significant
change to any benefits provided by the TRICARE program to covered
beneficiaries, the Secretary shall provide individuals described in
paragraph (2) with notice explaining such changes.
``(2) The individuals described by this paragraph are covered
beneficiaries participating in the TRICARE program who may be affected
by a significant change covered by a notification under paragraph (1).
``(3) The Secretary shall provide notice under paragraph (1) through
electronic means.
``(b) Timing of Notice.--The Secretary shall provide notice under
paragraph (1) of subsection (a) by the earlier of the following dates:
[[Page 128 STAT. 3414]]
``(1) The date that the Secretary determines would afford
individuals described in paragraph (2) of such subsection
adequate time to understand the change covered by the
notification.
``(2) The date that is 90 days before the date on which the
change covered by the notification becomes effective.
``(3) The effective date of a significant change that is
required by law.
``(c) Significant Change Defined.--In this section, the term
`significant change' means a systemwide change--
``(1) in the structure of the TRICARE program or the
benefits provided under the TRICARE program (not including the
addition of new services or benefits); or
``(2) in beneficiary cost-share rates of more than 20
percent.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 1701.>> is amended by inserting after
the item relating to section 1097c the following new item:
``1097d. TRICARE program: notice of change to benefits.''.
SEC. 712. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND
TRICARE EXTRA.
Section 711(b)(2) of the National Defense Authorization Act for
Fiscal Year 2008 (10 U.S.C. 1073 note) is amended in the matter
preceding subparagraph (A)--
(1) by striking ``on a biennial basis''; and
(2) by striking ``paragraph (1)'' and inserting the
following: ``paragraph (1) during 2017 and 2020''.
SEC. 713. REVIEW OF MILITARY HEALTH SYSTEM MODERNIZATION STUDY.
(a) Limitation.--
(1) In general.--The Secretary of Defense may not
restructure or realign a military medical treatment facility
based on the modernization study until a 90-day period has
elapsed following the date on which the Comptroller General of
the United States is required to submit to the congressional
defense committees the report under subsection (b)(3).
(2) Report.--The Secretary shall submit to the congressional
defense committees a report that includes the following:
(A) During the period from 2006 to 2012, for each
military medical treatment facility considered under the
modernization study--
(i) the average daily inpatient census;
(ii) the average inpatient capacity;
(iii) the top five inpatient admission
diagnoses;
(iv) each medical specialty available;
(v) the average daily percent of staffing
available for each medical specialty;
(vi) the beneficiary population within the
catchment area;
(vii) the budgeted funding level;
(viii) whether the facility has a helipad
capable of receiving medical evacuation airlift
patients arriving on the primary evacuation
aircraft platform for the military installation
served;
(ix) a determination of whether the civilian
hospital system in which the facility resides is a
Federally-
[[Page 128 STAT. 3415]]
designated underserved medical community and the
effect on such community from any reduction in
staff or functions or downgrade of the facility;
(x) if the facility serves a training center--
(I) a determination of the risk with
respect to high-tempo, live-fire
military operations, treating
battlefield-like injuries, and the
potential for a mass casualty event if
the facility is downgraded to a clinic
or reduced in personnel or capabilities;
and
(II) a description of the extent to
which the Secretary, in making such
determination, consulted with the
appropriate training directorate,
training and doctrine command, and
forces command of each military
department;
(xi) a site assessment by TRICARE to assess
the network capabilities of TRICARE providers in
the local area;
(xii) the inpatient mental health
availability; and
(xiii) the average annual inpatient care
directed to civilian medical facilities.
(B) For each military medical treatment facility
considered under the modernization study--
(i) the civilian capacity by medical specialty
in each catchment area;
(ii) the distance in miles to the nearest
civilian emergency care department;
(iii) the distance in miles to the closest
civilian inpatient hospital, listed by level of
care and whether the facility is designated a sole
community hospital;
(iv) the availability of ambulance service on
the military installation and the distance in
miles to the nearest civilian ambulance service,
including the average response time to the
military installation;
(v) an estimate of the cost to restructure or
realign the military medical treatment facility,
including with respect to bed closures and
civilian personnel reductions; and
(vi) if the military medical treatment
facility is restructured or realigned, an estimate
of--
(I) the number of civilian personnel
reductions, listed by series;
(II) the number of local support
contracts terminated; and
(III) the increased cost of
purchased care.
(C) The results of the modernization study with
respect to the recommendations of the Secretary to
restructure or realign military medical treatment
facilities.
(D) An assessment of the analysis made by the
Secretary to inform decisions regarding the
modernization of the military health care system in the
modernization study.
(E) An assessment of the extent to which the
Secretary evaluated in the modernization study the
impact on the access of eligible beneficiaries to
quality health care, and satisfaction with such care,
caused by the following changes proposed in the study:
[[Page 128 STAT. 3416]]
(i) Changes in military medical treatment
facility infrastructure.
(ii) Changes in staffing levels of
professionals.
(iii) Changes in inpatient, ambulatory
surgery, and specialty care capacity and
capabilities.
(F) An assessment of the extent to which the
Secretary evaluated in the modernization study how any
reduced inpatient, ambulatory surgery, or specialty care
capacity and capabilities at military medical treatment
facilities covered by the study would impact timely
access to care for eligible beneficiaries at local
civilian community hospitals within reasonable driving
distances of the catchment areas of such facilities.
(G) An assessment of the extent to which the
Secretary consulted in conducting the modernization
study with community hospitals in locations covered by
the study to determine their capacities for additional
inpatient and ambulatory surgery patients and their
capabilities to meet additional demands for specialty
care services.
(H) An assessment of the extent to which the
Secretary considered in the modernization study the
impact that the change in the structure or alignment of
military medical treatment facilities covered by the
study would have on timely access by local civilian
populations to inpatient, ambulatory surgery, or
specialty care services if additional eligible
beneficiaries also sought access to such services from
the same providers.
(I) An assessment of the impact of the elimination
of health care services at military medical treatment
facilities covered by the modernization study on
civilians employed at such facilities.
(b) Comptroller General Review.--
(1) Review.--The Comptroller General of the United States
shall review the report under subsection (a)(2).
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) An assessment of the methodology used by the
Secretary of Defense in conducting the study.
(B) An assessment of the adequacy of the data used
by the Secretary with respect to such study.
(3) Report.--Not later than 180 days after the date on which
the Secretary submits the report under subsection (a)(2), the
Comptroller General shall submit to the congressional defense
committees a report on the review under paragraph (1).
(c) Modernization Study Defined.--In this section, the term
``modernization study'' means the Military Health System Modernization
Study of the Department of Defense directed by the Resource Management
Decision of the Department of Defense numbered MP-D-01.
[[Page 128 STAT. 3417]]
Subtitle C--Reports and Other Matters
SEC. 721. DESIGNATION AND RESPONSIBILITIES OF SENIOR MEDICAL
ADVISOR FOR ARMED FORCES RETIREMENT HOME.
(a) Designation of Senior Medical Advisor.--Subsection (a) of
section 1513A of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
413a) is amended--
(1) in paragraph (1), by striking ``Deputy Director of the
TRICARE Management Activity'' and inserting ``Deputy Director of
the Defense Health Agency''; and
(2) in paragraph (2), by striking ``Deputy Director of the
TRICARE Management Activity'' both places it appears and
inserting ``Deputy Director of the Defense Health Agency''.
(b) Clarification of Responsibilities and Duties of Senior Medical
Advisor.--Subsection (c)(2) of such section is amended by striking
``health care standards of the Department of Veterans Affairs'' and
inserting ``nationally recognized health care standards and
requirements''.
SEC. 722. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2573) is amended by striking
``September 30, 2015'' and inserting ``September 30, 2016''.
SEC. 723. REPORT ON STATUS OF REDUCTIONS IN TRICARE PRIME SERVICE
AREAS.
(a) Report Required.--Section 732 of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 1097a note) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Additional Report.--
``(1) Report required.--Not later than 180 days after the
date of the enactment of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015,
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
status of reducing the availability of TRICARE Prime in regions
described in subsection (d)(1)(B).
``(2) Matters included.--The report under paragraph (1)
shall include the following:
``(A) A description of the implementation of the
transition for affected eligible beneficiaries under the
TRICARE program who no longer have access to TRICARE
Prime under TRICARE managed care contracts as of the
date of the report, including--
``(i) the number of eligible beneficiaries who
have transitioned from TRICARE Prime to the
TRICARE Standard option of the TRICARE program
since October 1, 2013;
``(ii) the number of eligible beneficiaries
who transferred their TRICARE Prime enrollment to
a more
[[Page 128 STAT. 3418]]
distant available Prime service area to remain in
TRICARE Prime, by State;
``(iii) the number of eligible beneficiaries
who were eligible to transfer to a more distant
available Prime service area, but chose to use
TRICARE Standard;
``(iv) the number of eligible beneficiaries
who elected to return to TRICARE Prime pursuant to
subsection (c)(1); and
``(v) the number of affected eligible
beneficiaries who, as of the date of the report,
changed residences to remain eligible for TRICARE
Prime in a new region.
``(B) An estimate of the increased annual costs per
affected eligible beneficiary incurred by such
beneficiary for health care under the TRICARE program.
``(C) A description of the efforts of the Department
to assess the impact on access to health care and
beneficiary satisfaction for affected eligible
beneficiaries.
``(D) A description of the estimated cost savings
realized by reducing the availability of TRICARE Prime
in regions described in subsection (d)(1)(B).''.
(b) Conforming Amendment.--Subsection (b)(3)(A) of such section is
amended by striking ``subsection (c)(1)(B)'' and inserting ``subsection
(d)(1)(B)''.
SEC. 724. EXTENSION OF AUTHORITY TO PROVIDE REHABILITATION AND
VOCATIONAL BENEFITS TO MEMBERS OF THE
ARMED FORCES WITH SEVERE INJURIES OR
ILLNESSES.
Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public
Law 110-181; 10 U.S.C. 1071 note) is amended by striking ``December 31,
2014'' and inserting ``December 31, 2015''.
SEC. 725. <<NOTE: 10 USC 1091 note.>> ACQUISITION STRATEGY FOR
HEALTH CARE PROFESSIONAL STAFFING
SERVICES.
(a) Acquisition Strategy.--
(1) In general.--The Secretary of Defense shall develop and
carry out an acquisition strategy with respect to entering into
contracts for the services of health care professional staff at
military medical treatment facilities.
(2) Elements.--The acquisition strategy under paragraph (1)
shall include the following:
(A) Identification of the responsibilities of the
military departments and elements of the Department of
Defense in carrying out such strategy.
(B) Methods to analyze, using reliable and detailed
data covering the entire Department, the amount of funds
expended on contracts for the services of health care
professional staff.
(C) Methods to identify opportunities to consolidate
requirements for such services and reduce cost.
(D) Methods to measure cost savings that are
realized by using such contracts instead of purchased
care.
(E) Metrics to determine the effectiveness of such
strategy.
(F) Metrics to evaluate the success of the strategy
in achieving its objectives, including metrics to assess
the effects of the strategy on the timeliness of
beneficiary access to professional health care services
in military medical treatment facilities.
[[Page 128 STAT. 3419]]
(G) Such other matters as the Secretary considers
appropriate.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the status of implementing the acquisition
strategy under paragraph (1) of subsection (a), including how each
element under subparagraphs (A) through (G) of paragraph (2) of such
subsection is being carried out.
SEC. 726. <<NOTE: 10 USC 1074g note.>> PILOT PROGRAM ON
MEDICATION THERAPY MANAGEMENT UNDER
TRICARE PROGRAM.
(a) Establishment.--In accordance with section 1092 of title 10,
United States Code, the Secretary of Defense shall carry out a pilot
program to evaluate the feasibility and desirability of including
medication therapy management as part of the TRICARE program.
(b) Elements of Pilot Program.--In carrying out the pilot program
under subsection (a), the Secretary shall ensure the following:
(1) Patients who participate in the pilot program are
patients who--
(A) have more than one chronic condition; and
(B) are prescribed more than one medication.
(2) Medication therapy management services provided under
the pilot program are focused on improving patient use and
outcomes of prescription medications.
(3) The design of the pilot program considers best
commercial practices in providing medication therapy management
services, including practices under the prescription drug
program under part D of title XVIII of the Social Security Act
(42 U.S.C. 1395w-101 et seq.).
(4) The pilot program includes methods to measure the effect
of medication therapy management services on--
(A) patient use and outcomes of prescription
medications; and
(B) the costs of health care.
(c) Locations.--
(1) Selection.--The Secretary shall carry out the pilot
program under subsection (a) in not less than three locations.
(2) First location criteria.--Not less than one location
selected under paragraph (1) shall meet the following criteria:
(A) The location is a pharmacy at a military medical
treatment facility.
(B) The patients participating in the pilot program
at such location generally receive primary care services
from health care providers at such facility.
(3) Second location criteria.--Not less than one location
selected under paragraph (1) shall meet the following criteria:
(A) The location is a pharmacy at a military medical
treatment facility.
(B) The patients participating in the pilot program
at such location generally do not receive primary care
services from health care providers at such facility.
(4) Third location criterion.--Not less than one location
selected under paragraph (1) shall be a pharmacy located at a
location other than a military medical treatment facility.
[[Page 128 STAT. 3420]]
(d) Duration.--The Secretary shall carry out the pilot program under
subsection (a) for a period determined appropriate by the Secretary that
is not less than two years.
(e) Report.--Not later than 30 months after the date on which the
Secretary commences the pilot program under subsection (a), the
Secretary shall submit to the congressional defense committees a report
on the pilot program that includes--
(1) information on the effect of medication therapy
management services on--
(A) patient use and outcomes of prescription
medications; and
(B) the costs of health care;
(2) the recommendations of the Secretary with respect to
incorporating medication therapy management into the TRICARE
program; and
(3) such other information as the Secretary determines
appropriate.
(f) Definitions.--In this section:
(1) The term ``medication therapy management'' means
professional services provided by qualified pharmacists to
patients to improve the effective use and outcomes of
prescription medications provided to the patients.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 727. <<NOTE: 10 USC 1071 note.>> ANTIMICROBIAL STEWARDSHIP
PROGRAM AT MEDICAL FACILITIES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall carry out an
antimicrobial stewardship program at medical facilities of the
Department of Defense.
(b) Collection and Analysis of Data.--In carrying out the
antimicrobial stewardship program required by subsection (a), the
Secretary shall develop a consistent manner in which to collect and
analyze data on antibiotic usage, health issues related to antibiotic
usage, and antimicrobial resistance trends at medical facilities of the
Department.
(c) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a plan for
carrying out the antimicrobial stewardship program required by
subsection (a).
SEC. 728. REPORT ON IMPROVEMENTS IN THE IDENTIFICATION AND
TREATMENT OF MENTAL HEALTH CONDITIONS AND
TRAUMATIC BRAIN INJURY AMONG MEMBERS OF
THE ARMED FORCES.
(a) 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 setting forth an evaluation of specific tools,
processes, and best practices to improve the identification of and
treatment by the Armed Forces of mental health conditions and traumatic
brain injury among members of the Armed Forces.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An evaluation of existing peer-to-peer identification
and intervention programs in each of the Armed Forces.
[[Page 128 STAT. 3421]]
(2) An evaluation of programs that provide training and
certification to health care providers that treat mental health
conditions and traumatic brain injury in members of the Armed
Forces.
(3) An evaluation of programs and services provided by the
Armed Forces that provide training and certification to
providers of cognitive rehabilitation and other rehabilitation
for traumatic brain injury to members of the Armed Forces.
(4) An evaluation of programs and services provided by the
Armed Forces that assist members of the Armed Forces and family
members affected by suicides among members of the Armed Forces.
(5) An evaluation of tools and processes used by the Armed
Forces to identify traumatic brain injury in members of the
Armed Forces and to distinguish mental health conditions likely
caused by traumatic brain injury from mental health conditions
caused by other factors.
(6) An evaluation of the unified effort of the Armed Forces
to promote mental health and prevent suicide through the
integration of clinical and nonclinical programs of the Armed
Forces.
(7) Recommendations with respect to improving,
consolidating, expanding, and standardizing the programs,
services, tools, processes, and efforts described in paragraphs
(1) through (6).
(8) A description of existing efforts to reduce the time
from development and testing of new mental health and traumatic
brain injury tools and treatments for members of the Armed
Forces to widespread dissemination of such tools and treatments
among the Armed Forces.
(9) Recommendations as to the feasibility and advisability
of conducting mental health assessments before the enlistment or
commissioning of a member of the Armed Forces and again during
the 90-day period preceding the date of discharge or release of
the member from the Armed Forces, including the utility of using
tools and processes in such mental health assessments that
conform to those used in other mental health assessments
provided to members of the Armed Forces.
(10) Recommendations on how to track changes in the mental
health assessment of a member of the Armed Forces relating to
traumatic brain injury, post-traumatic stress disorder,
depression, anxiety, and other conditions.
(c) Privacy Matters.--
(1) In general.--Any medical or other personal information
obtained pursuant to any provision of this section shall be
protected from disclosure or misuse in accordance with the laws
on privacy applicable to such information.
(2) Exclusion of personally identifiable information from
reports.--No personally identifiable information may be included
in the report required by subsection (a).
SEC. 729. REPORT ON EFFORTS TO TREAT INFERTILITY OF MILITARY
FAMILIES.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report assessing the access
[[Page 128 STAT. 3422]]
of members of the Armed Forces and the dependents of such members to
reproductive counseling and treatments for infertility.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A description, by location, of the infertility treatment
services available at military medical treatment facilities
throughout the military health care system.
(2) An identification of factors that might disrupt
treatment, including lack of timely access to treatment, change
in duty station, or overseas deployments.
(3) The number of members of the Armed Forces who have
received specific infertility treatment services during the
five-year period preceding the date of the report.
(4) The number of dependents of members who have received
specific infertility treatment services during the five-year
period preceding the date of the report.
(5) The number of births resulting from infertility
treatment services described in paragraphs (3) and (4).
(6) A comparison of infertility treatment services covered
by health plans sponsored by the Federal Government and
infertility treatment services provided by the military health
care system.
(7) The current cost to the Department of Defense for
providing infertility treatment services to members and
dependents.
(8) The current cost to members and dependents for
infertility treatment services provided by the military health
care system.
(9) Any other matters the Secretary determines appropriate.
SEC. 730. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF INSTITUTE
OF MEDICINE ON IMPROVEMENTS TO CERTAIN
RESILIENCE AND PREVENTION PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
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 an assessment of the feasibility and advisability of implementing
the recommendations of the Institute of Medicine regarding improvements
to programs of the Department of Defense intended to strengthen mental,
emotional, and behavioral abilities associated with managing adversity,
adapting to change, recovering, and learning in connection with service
in the Armed Forces.
SEC. 731. COMPTROLLER GENERAL REPORT ON TRANSITION OF CARE FOR
POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY.
(a) Report.--Not later than September 1, 2015, the Comptroller
General of the United States shall submit to the congressional defense
committees and the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report that assesses the transition of
care for post-traumatic stress disorder and traumatic brain injury.
(b) Matters Included.--The report under subsection (a) shall include
the following:
[[Page 128 STAT. 3423]]
(1) The programs, policies, and regulations that affect the
transition of care, particularly with respect to individuals who
are taking or have been prescribed antidepressants, stimulants,
antipsychotics, mood stabilizers, anxiolytics, depressants, or
hallucinogens.
(2) Upon transitioning to care furnished by the Secretary of
Veterans Affairs, the extent to which the pharmaceutical
treatment plan of an individual changes, and the factors
determining such changes.
(3) The extent to which the Secretary of Defense and the
Secretary of Veterans Affairs have worked together to identify
and apply best pharmaceutical treatment practices.
(4) A description of the off-formulary waiver process of the
Secretary of Veterans Affairs, and the extent to which the
process is applied efficiently at the treatment level.
(5) The benefits and challenges of harmonizing the
formularies across the Department of Defense and the Department
of Veterans Affairs.
(6) Any other issues that the Comptroller General determines
appropriate.
(c) Transition of Care Defined.--In this section, the term
``transition of care'' means the transition of an individual from
receiving treatment furnished by the Secretary of Defense to treatment
furnished by the Secretary of Veterans Affairs.
SEC. 732. COMPTROLLER GENERAL REPORT ON MENTAL HEALTH STIGMA
REDUCTION EFFORTS IN THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Comptroller General of the United States shall
carry out a review of the policies, procedures, and programs of the
Department of Defense to reduce the stigma associated with mental health
treatment for members of the Armed Forces and deployed civilian
employees of the Department of Defense.
(b) Elements.--The review under subsection (a) shall address, at a
minimum, the following:
(1) An assessment of the availability and access to mental
health treatment services for members of the Armed Forces and
deployed civilian employees of the Department of Defense.
(2) An assessment of the perception of the impact of the
stigma of mental health treatment on the career advancement and
retention of members of the Armed Forces and such employees.
(3) An assessment of the policies, procedures, and programs,
including training and education, of each of the Armed Forces to
reduce the stigma of mental health treatment for members of the
Armed Forces and such employees at each unit level of the
organized forces.
(c) Report.--Not later than March 1, 2016, the Comptroller General
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the review under subsection
(a).
SEC. 733. COMPTROLLER GENERAL REPORT ON WOMEN'S HEALTH CARE
SERVICES FOR MEMBERS OF THE ARMED FORCES
AND OTHER COVERED BENEFICIARIES.
(a) Report.--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 House
[[Page 128 STAT. 3424]]
of Representatives and the Senate a report on women's health care
services for members of the Armed Forces serving on active duty and
other covered beneficiaries under chapter 55 of title 10, United States
Code.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description and assessment of women's health care
services for members of the Armed Forces and other covered
beneficiaries, including with respect to access to care, scope
of available care, and availability of speciality care, and with
a particular emphasis on maternity care.
(2) An assessment of whether the quality measures used by
the military health care system with respect to women's health
care services for members of the Armed Forces and other covered
beneficiaries facilitate expected outcomes, and an assessment of
whether another, or additional, evidence-based quality measures
would improve outcomes in the military health care system.
(3) A description and assessment of nationally recognized
recommendations to improve access to health services and better
health outcomes for women members of the Armed Forces and other
covered beneficiaries.
(4) Such recommendations for legislative or administrative
action as the Comptroller General considers appropriate to
improve women's health care services for members of the Armed
Forces and other covered beneficiaries.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Modular open systems approaches in acquisition programs.
Sec. 802. Recharacterization of changes to Major Automated Information
System programs.
Sec. 803. Amendments relating to defense business systems.
Sec. 804. Report on implementation of acquisition process for
information technology systems.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Extension and modification of contract authority for advanced
component development and prototype units.
Sec. 812. Amendments relating to authority of the Defense Advanced
Research Projects Agency to carry out certain prototype
projects.
Sec. 813. Extension of limitation on aggregate annual amount available
for contract services.
Sec. 814. Improvement in defense design-build construction process.
Sec. 815. Permanent authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 816. Restatement and revision of requirements applicable to
multiyear defense acquisitions to be specifically authorized
by law.
Sec. 817. Sourcing requirements related to avoiding counterfeit
electronic parts.
Sec. 818. Amendments to Proof of Concept Commercialization Pilot
Program.
Subtitle C--Industrial Base Matters
Sec. 821. Temporary extension of and amendments to test program for
negotiation of comprehensive small business subcontracting
plans.
Sec. 822. Plan for improving data on bundled or consolidated contracts.
Sec. 823. Authority to provide education to small businesses on certain
requirements of Arms Export Control Act.
[[Page 128 STAT. 3425]]
Sec. 824. Matters relating to reverse auctions.
Sec. 825. Sole source contracts for small business concerns owned and
controlled by women.
Subtitle D--Federal Information Technology Acquisition Reform
Sec. 831. Chief Information Officer authority enhancements.
Sec. 832. Enhanced transparency and improved risk management in
information technology investments.
Sec. 833. Portfolio review.
Sec. 834. Federal data center consolidation initiative.
Sec. 835. Expansion of training and use of information technology
cadres.
Sec. 836. Maximizing the benefit of the Federal strategic sourcing
initiative.
Sec. 837. Governmentwide software purchasing program.
Subtitle E--Never Contract With the Enemy
Sec. 841. Prohibition on providing funds to the enemy.
Sec. 842. Additional access to records.
Sec. 843. Definitions.
Subtitle F--Other Matters
Sec. 851. Rapid acquisition and deployment procedures for United States
Special Operations Command.
Sec. 852. Consideration of corrosion control in preliminary design
review.
Sec. 853. Program manager development report.
Sec. 854. Operational metrics for Joint Information Environment and
supporting activities.
Sec. 855. Compliance with requirements for senior Department of Defense
officials seeking employment with defense contractors.
Sec. 856. Enhancement of whistleblower protection for employees of
grantees.
Sec. 857. Prohibition on reimbursement of contractors for congressional
investigations and inquiries.
Sec. 858. Requirement to provide photovoltaic devices from United States
sources.
Sec. 859. Reimbursement of Department of Defense for assistance provided
to nongovernmental entertainment-oriented media producers.
Sec. 860. Three-year extension of authority for Joint Urgent Operational
Needs Fund.
Subtitle A--Acquisition Policy and Management
SEC. 801. <<NOTE: 10 USC 2223a note.>> MODULAR OPEN SYSTEMS
APPROACHES IN ACQUISITION PROGRAMS.
(a) Plan for Modular Open Systems Approach Through Development and
Adoption of Standards and Architectures.--Not later than January 1,
2016, the Under Secretary of Defense for Acquisition, Technology, and
Logistics shall submit a report to the Committees on Armed Services of
the Senate and the House of Representatives detailing a plan to develop
standards and define architectures necessary to enable open systems
approaches in the key mission areas of the Department of Defense with
respect to which the Under Secretary determines that such standards and
architectures would be feasible and cost effective.
(b) Consideration of Modular Open Systems Approaches.--
(1) Review of acquisition guidance.--The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall review
current acquisition guidance, and modify such guidance as
necessary, to--
(A) ensure that acquisition programs include open
systems approaches in the product design and acquisition
of information technology systems to the maximum extent
practicable; and
(B) for any information technology system not using
an open systems approach, ensure that written
justification
[[Page 128 STAT. 3426]]
is provided in the contract file for the system
detailing why an open systems approach was not used.
(2) Elements.--The review required in paragraph (1) shall--
(A) consider whether the guidance includes
appropriate exceptions for the acquisition of--
(i) commercial items; and
(ii) solutions addressing urgent operational
needs;
(B) determine the extent to which open systems
approaches should be addressed in analysis of
alternatives, acquisition strategies, system engineering
plans, and life cycle sustainment plans; and
(C) ensure that increments of acquisition programs
consider the extent to which the increment will
implement open systems approaches as a whole.
(3) Deadline for review.--The review required in this
subsection shall be completed no later than 180 days after the
date of the enactment of this Act.
(c) Treatment of Ongoing and Legacy Programs.--
(1) Report requirement.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report covering the matters specified in
paragraph (2).
(2) Matters covered.--Subject to paragraph (3), the report
required in this subsection shall--
(A) identify all information technology systems that
are in development, production, or deployed status as of
the date of the enactment of this Act, that are or were
major defense acquisition programs or major automated
information systems, and that are not using an open
systems approach;
(B) identify gaps in standards and architectures
necessary to enable open systems approaches in the key
mission areas of the Department of Defense, as
determined pursuant to the plan submitted under
subsection (a); and
(C) outline a process for potential conversion to an
open systems approach for each information technology
system identified under subparagraph (A).
(3) Limitations.--The report required in this subsection
shall not include information technology systems--
(A) having a planned increment before fiscal year
2021 that will result in conversion to an open systems
approach; and
(B) that will be in operation for fewer than 15
years after the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) Information technology.--The term ``information
technology'' has the meaning given the term in section 11101(6)
of title 40, United States Code.
(2) Open systems approach.--The term ``open systems
approach'' means, with respect to an information technology
system, an integrated business and technical strategy that--
(A) employs a modular design and uses widely
supported and consensus-based standards for key
interfaces;
[[Page 128 STAT. 3427]]
(B) is subjected to successful validation and
verification tests to ensure key interfaces comply with
widely supported and consensus-based standards; and
(C) uses a system architecture that allows
components to be added, modified, replaced, removed, or
supported by different vendors throughout the lifecycle
of the system to afford opportunities for enhanced
competition and innovation while yielding--
(i) significant cost and schedule savings; and
(ii) increased interoperability.
SEC. 802. RECHARACTERIZATION OF CHANGES TO MAJOR AUTOMATED
INFORMATION SYSTEM PROGRAMS.
(a) Addition to Covered Determination of a Significant Change.--
Subsection (c)(2) of section 2445c 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) the automated information system or
information technology investment failed to achieve a
full deployment decision within five years after the
Milestone A decision for the program or, if there was no
Milestone A decision, the date when the preferred
alternative is selected for the program (excluding any
time during which program activity is delayed as a
result of a bid protest).''.
(b) Removal of Covered Determination of a Critical Change.--
Subsection (d)(3) of such section is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively.
(c) Technical Amendment for Clarity.--Subsection (d)(2) of such
section is amended by striking ``(A) is primarily due to an extension of
a program, and (B) involves'' and inserting ``are primarily due to an
extension of a program and involve''.
SEC. 803. AMENDMENTS RELATING TO DEFENSE BUSINESS SYSTEMS.
(a) Exclusion of Certain Information Systems From Definition of
Defense Business System.--Subsection (j)(1) of section 2222 of title 10,
United States Code, is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``, other than a national security
system,''; and
(3) by adding at the end the following new subparagraph:
``(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.''.
(b) Business Process Mapping Requirement.--Section 2222 of such
title is further amended--
(1) in subsection (a)(1)(A), by inserting ``, including
business process mapping,'' after ``re-engineering efforts'';
and
[[Page 128 STAT. 3428]]
(2) in subsection (j), by adding at the end the following
new paragraph:
``(6) 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.''.
SEC. 804. REPORT ON IMPLEMENTATION OF ACQUISITION PROCESS FOR
INFORMATION TECHNOLOGY SYSTEMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology and Logistics shall submit to the congressional defense
committees a report on the implementation of the acquisition process for
information technology systems required by section 804 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2402; 10 U.S.C. 2225 note).
(b) Elements.--The report required under subsection (a) shall, at a
minimum, include the following elements:
(1) The applicable regulations, instructions, or policies
implementing the acquisition process.
(2) With respect to the criteria established for such
process in section 804(a) of such Act--
(A) an explanation for any criteria not yet
implemented;
(B) a schedule for the implementation of any
criteria not yet implemented; and
(C) an explanation for any proposed deviation from
the criteria.
(3) Identification of any categories of information
technology acquisitions to which the acquisition process will
not apply.
(4) Recommendations for any legislation that may be required
to implement the remaining criteria of the acquisition process.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. EXTENSION AND MODIFICATION OF CONTRACT AUTHORITY FOR
ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPE UNITS.
Section 819 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2409; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``advanced
component development or prototype of technology'' and
inserting ``advanced component development, prototype,
or initial production of technology''; and
(B) in paragraph (2), by striking ``prototype
items'' and inserting ``items''; and
(2) in subsection (b)--
(A) by redesignating paragraph (4) as paragraph (5);
[[Page 128 STAT. 3429]]
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Applicability.--The authority provided in subsection
(a) applies only to the Secretary of Defense, the Secretary of
the Army, the Secretary of the Navy, and the Secretary of the
Air Force.''; and
(C) in paragraph (5), as so redesignated, by
striking ``September 30, 2014'' and inserting
``September 30, 2019''.
SEC. 812. AMENDMENTS RELATING TO AUTHORITY OF THE DEFENSE ADVANCED
RESEARCH PROJECTS AGENCY TO CARRY OUT
CERTAIN PROTOTYPE PROJECTS.
(a) Amendment Relating to Authority.--Section 845(a)(1) of Public
Law 103-160 (10 U.S.C. 2371 note) is amended by striking ``weapons or
weapon systems proposed to be acquired or developed by the Department of
Defense, or to improvement of weapons or weapon systems in use by the
Armed Forces'' and inserting the following: ``enhancing the mission
effectiveness of military personnel and the supporting platforms,
systems, components, or materials proposed to be acquired or developed
by the Department of Defense, or to improvement of platforms, systems,
components, or materials in use by the Armed Forces''.
(b) Amendments Relating to Small Business.--Section 845 of Public
Law 103-160 (10 U.S.C. 2371 note) is amended--
(1) in subsection (d)(1)(B), by inserting ``or small
business'' after ``defense contractor''; and
(2) in subsection (f)--
(A) by striking ``Nontraditional Defense Contractor
Defined.--In this section, the'' and inserting the
following: ``Definitions.--In this section:
``(1) The''; and
(B) by adding at the end the following new
paragraph:
``(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).''.
SEC. 813. EXTENSION OF LIMITATION ON AGGREGATE ANNUAL AMOUNT
AVAILABLE FOR CONTRACT SERVICES.
Section 808 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1489), as amended by section 802
of the National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 804) is further amended--
(1) in subsections (a) and (b), by striking ``or 2014'' and
inserting ``2014, or 2015'';
(2) in subsection (c)(3), by striking ``and 2014'' and
inserting ``2014, and 2015'';
(3) in subsection (d)(4), by striking ``or 2014'' and
inserting ``2014, or 2015'';
(4) in subsection (e), by striking ``2014'' and inserting
``2015''; and
(5) by adding at the end the following new subsection:
``(f) Use of Other Data.--For purposes of compliance with
subparagraphs (A) and (B) of subsection (c)(2), the Secretaries of the
military departments and the heads of the Defense Agencies may use other
available sources of data, such as advisory and assistance services
information collected for purposes of the annual budget submission of
the Department of Defense, to corroborate data from the annual inventory
of contractor services required
[[Page 128 STAT. 3430]]
in section 2330a of title 10, United States Code. Any discrepancy
identified between the inventory data and the data from other available
sources shall be resolved and reported to the congressional defense
committees.''.
SEC. 814. IMPROVEMENT IN DEFENSE DESIGN-BUILD CONSTRUCTION
PROCESS.
Section 2305a of title 10, United States Code, is amended by
striking the second sentence of subsection (d) and inserting the
following: ``If the contract value exceeds $4,000,000, the maximum
number specified in the solicitation shall not exceed 5 unless the head
of the contracting activity, delegable to a level no lower than the
senior contracting official within the contracting activity, approves
the contracting officer's justification with respect to an individual
solicitation that a number greater than 5 is in the Federal Government's
interest. The contracting officer shall provide written documentation of
how a maximum number exceeding 5 is consistent with the purposes and
objectives of the two-phase selection procedures.''.
SEC. 815. PERMANENT AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public
Law 104-106; 10 U.S.C. 2304 note) is amended by striking subsection (e).
SEC. 816. RESTATEMENT AND REVISION OF REQUIREMENTS APPLICABLE TO
MULTIYEAR DEFENSE ACQUISITIONS TO BE
SPECIFICALLY AUTHORIZED BY LAW.
(a) In General.--Subsection (i) of section 2306b of title 10, United
States Code, is amended to read as follows:
``(i) Defense Acquisitions Specifically Authorized by Law.--(1) In
the case of the Department of Defense, a multiyear contract in an amount
equal to or greater than $500,000,000 may not be entered into under this
section unless the contract is specifically authorized by law in an Act
other than an appropriations Act.
``(2) In submitting a request for a specific authorization by law to
carry out a defense acquisition program using multiyear contract
authority under this section, the Secretary of Defense shall include in
the request the following:
``(A) A report containing preliminary findings of the agency
head required in paragraphs (1) through (6) of subsection (a),
together with the basis for such findings.
``(B) Confirmation that the preliminary findings of the
agency head under subparagraph (A) were made after the
completion of a cost analysis performed by the Director of Cost
Assessment and Program Evaluation for the purpose of section
2334(e)(1) of this title, and that the analysis supports those
preliminary findings.
``(3) A multiyear contract may not be entered into under this
section for a defense acquisition program that has been specifically
authorized by law to be carried out using multiyear contract authority
unless the Secretary of Defense certifies in writing, not later than 30
days before entry into the contract, that each of the following
conditions is satisfied:
``(A) The Secretary has determined that each of the
requirements in paragraphs (1) through (6) of subsection (a)
will
[[Page 128 STAT. 3431]]
be met by such contract and has provided the basis for such
determination to the congressional defense committees.
``(B) The Secretary's determination under subparagraph (A)
was made after completion of a cost analysis conducted on the
basis of section 2334(e)(2) of this title, and the analysis
supports the determination.
``(C) The system being acquired pursuant to such contract
has not been determined to have experienced cost growth in
excess of the critical cost growth threshold pursuant to section
2433(d) of this title within 5 years prior to the date the
Secretary anticipates such contract (or a contract for advance
procurement entered into consistent with the authorization for
such contract) will be awarded.
``(D) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within
the most current estimates of the program acquisition unit cost
or procurement unit cost for such system to determine that
current estimates of such unit costs are realistic.
``(E) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program for such fiscal year will include the funding required
to execute the program without cancellation.
``(F) The contract is a fixed price type contract.
``(G) The proposed multiyear contract provides for
production at not less than minimum economic rates given the
existing tooling and facilities.
``(4) If for any fiscal year a multiyear contract to be entered into
under this section is authorized by law for a particular procurement
program and that authorization is subject to certain conditions
established by law (including a condition as to cost savings to be
achieved under the multiyear contract in comparison to specified other
contracts) and if it appears (after negotiations with contractors) that
such savings cannot be achieved, but that substantial savings could
nevertheless be achieved through the use of a multiyear contract rather
than specified other contracts, the President may submit to Congress a
request for relief from the specified cost savings that must be achieved
through multiyear contracting for that program. Any such request by the
President shall include details about the request for a multiyear
contract, including details about the negotiated contract terms and
conditions.
``(5)(A) The Secretary may obligate funds for procurement of an end
item under a multiyear contract for the purchase of property only for
procurement of a complete and usable end item.
``(B) The Secretary may obligate funds appropriated for any fiscal
year for advance procurement under a contract for the purchase of
property only for the procurement of those long-lead items necessary in
order to meet a planned delivery schedule for complete major end items
that are programmed under the contract to be acquired with funds
appropriated for a subsequent fiscal year (including an economic order
quantity of such long-lead items when authorized by law).
``(6) The Secretary may make the certification under paragraph (3)
notwithstanding the fact that one or more of the conditions of such
certification are not met, if the Secretary determines that, due to
exceptional circumstances, proceeding with a multiyear contract under
this section is in the best interest of the Department
[[Page 128 STAT. 3432]]
of Defense and the Secretary provides the basis for such determination
with the certification.
``(7) The Secretary may not delegate the authority to make the
certification under paragraph (3) or the determination under paragraph
(6) to an official below the level of Under Secretary of Defense for
Acquisition, Technology, and Logistics.''.
(b) Conforming Amendment.--Subsection (a)(7) of such section is
amended by striking ``subparagraphs (C) through (F) of paragraph (1) of
subsection (i)'' and inserting ``subparagraphs (C) through (F) of
subsection (i)(3)''.
(c) <<NOTE: 10 USC 2306b note.>> Effective Date.--The amendments
made by this section shall take effect on the date of the enactment of
this Act, and shall apply with respect to requests for specific
authorization by law to carry out defense acquisition programs using
multiyear contract authority that are made on or after that date.
SEC. 817. SOURCING REQUIREMENTS RELATED TO AVOIDING COUNTERFEIT
ELECTRONIC PARTS.
Section 818(c)(3) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1495; 10 U.S.C. 2302
note) is amended--
(1) in subparagraph (A)--
(A) by striking ``, whenever possible,'';
(B) in clause (i)--
(i) by striking ``trusted suppliers'' and
inserting ``suppliers identified as trusted
suppliers in accordance with regulations issued
pursuant to subparagraph (C) or (D)''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(C) in clause (ii), by striking ``trusted
suppliers;'' and inserting ``suppliers identified as
trusted suppliers in accordance with regulations issued
pursuant to subparagraph (C) or (D); and''; and
(D) by adding at the end the following new clause:
``(iii) obtain electronic parts from alternate
suppliers if such parts are not available from
original manufacturers, their authorized dealers,
or suppliers identified as trusted suppliers in
accordance with regulations prescribed pursuant to
subparagraph (C) or (D);'';
(2) in subparagraph (B)--
(A) by inserting ``for'' before ``inspection''; and
(B) by striking ``subparagraph (A)'' and inserting
``clause (i) or (ii) of subparagraph (A), if obtaining
the electronic parts in accordance with such clauses is
not possible''; and
(3) in subparagraph (C), by striking ``identify trusted
suppliers that have appropriate policies'' and inserting
``identify as trusted suppliers those that have appropriate
policies''.
SEC. 818. AMENDMENTS TO PROOF OF CONCEPT COMMERCIALIZATION PILOT
PROGRAM.
(a) Authority for Secretaries of Military Departments to Carry Out
Pilot.--Section 1603(a) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 944; 10 U.S.C. 2359 note)
is amended by inserting after ``Engineering'' the following: ``and the
Secretary of each military department''.
[[Page 128 STAT. 3433]]
(b) Review Board Revisions.--
(1) Section 1603(c)(3)(B)(i) of such Act is amended to read
as follows:
``(i) rigorous review of commercialization
potential or military utility of technologies,
including through use of outside expertise;''.
(2) Section 1603(d)(1) of such Act is amended by striking
``, including incentives and activities undertaken by review
board experts''.
(c) Increase in Amount of Awards.--Section 1603(c)(5)(B)(i) of such
Act is amended by striking ``$500,000'' and inserting ``$1,000,000''.
(d) Authority for Use of Basic Research Funds.--Section 1603(f) of
such Act is amended--
(1) by inserting ``and Use of Funds'' after ``Limitation'';
and
(2) by adding at the end the following: ``The Secretary of a
military department may use basic research funds, or other funds
considered appropriate by the Secretary, to conduct the pilot
program within the military department concerned.''
(e) One-Year Extension.--Section 1603(g) of such Act is amended by
striking ``2018'' and inserting ``2019''.
Subtitle C--Industrial Base Matters
SEC. 821. TEMPORARY EXTENSION OF AND AMENDMENTS TO TEST PROGRAM
FOR NEGOTIATION OF COMPREHENSIVE SMALL
BUSINESS SUBCONTRACTING PLANS.
(a) Extension.--Subsection (e) of section 834 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637
note) is amended by striking ``December 31, 2014'' and inserting
``December 31, 2017''.
(b) Additional Requirements for Comprehensive Subcontracting
Plans.--Subsection (b) of section 834 of such Act is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(2) by redesignating paragraph (3) as paragraph (4), and in
that paragraph by striking ``$5,000,000'' and inserting
``$100,000,000''; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Each comprehensive subcontracting plan of a contractor shall
require that the contractor report to the Secretary of Defense on a
semi-annual basis the following information:
``(A) The amount of first-tier subcontract dollars awarded
during the six-month period covered by the report to covered
small business concerns, with the information set forth
separately--
``(i) by North American Industrial Classification
System code;
``(ii) by major defense acquisition program, as
defined in section 2430(a) of title 10, United States
Code;
[[Page 128 STAT. 3434]]
``(iii) by contract, if the contract is for the
maintenance, overhaul, repair, servicing,
rehabilitation, salvage, modernization, or modification
of supplies, systems, or equipment and the total value
of the contract, including options, exceeds
$100,000,000; and
``(iv) by military department.
``(B) The total number of subcontracts active under the test
program during the six-month period covered by the report that
would have otherwise required a subcontracting plan under
paragraph (4) or (5) of section 8(d) of the Small Business Act
(15 U.S.C. 637(d)).
``(C) Costs incurred in negotiating, complying with, and
reporting on comprehensive subcontracting plans.
``(D) Costs avoided by adoption of a comprehensive
subcontracting plan.''.
(c) Additional Consequence for Failure to Make Good Faith Effort to
Comply.--
(1) Amendments.--Subsection (d) of section 834 of such Act
is amended--
(A) by striking ``Company-wide'' and inserting
``Comprehensive'' in the heading;
(B) by striking ``company-wide'' and inserting
``comprehensive subcontracting''; and
(C) by adding at the end the following: ``In
addition, any such failure shall be a factor considered
as part of the evaluation of past performance of an
offeror.''.
(2) Repeal of suspension of subsection (d).--Section 402 of
Public Law 101-574 (104 Stat. 2832; 15 U.S.C. 637 note) is
repealed.
(d) Eligibility Requirement.--Subsection (d) of section 834 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is further amended--
(1) by inserting ``(1)'' before ``A contractor that''; and
(2) by adding at the end the following new paragraph:
``(2) Effective in fiscal year 2016 and each fiscal year thereafter
in which the test program is in effect, the Secretary of Defense may not
negotiate a comprehensive subcontracting plan for a fiscal year with any
contractor with which such a plan was negotiated in the prior fiscal
year if the Secretary determines that the contractor did not meet the
subcontracting goals negotiated in the plan for the prior fiscal
year.''.
(e) Report by Comptroller General.--Subsection (f) of section 834 of
such Act is amended to read as follows:
``(f) Report.--Not later than September 30, 2015, the Comptroller
General of the United States shall submit a report on the results of the
test program to the Committees on Armed Services and on Small Business
of the House of Representatives and the Committees on Armed Services and
on Small Business and Entrepreneurship of the Senate.''.
(f) Additional Definitions.--
(1) Covered small business concern.--Subsection (g) of
section 834 of such Act is amended to read as follows:
``(g) Definitions.--In this section, the term `covered small
business concern' includes each of the following:
``(1) A small business concern, as that term is defined
under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
[[Page 128 STAT. 3435]]
``(2) A small business concern owned and controlled by
veterans, as that term is defined in section 3(q)(3) of such Act
(15 U.S.C. 632(q)(3)).
``(3) A small business concern owned and controlled by
service-disabled veterans, as that term is defined in section
3(q)(2) of such Act (15 U.S.C. 632(q)(2)).
``(4) A qualified HUBZone small business concern, as that
term is defined under section 3(p)(5) of such Act (15 U.S.C.
632(p)(5)).
``(5) A small business concern owned and controlled by
socially and economically disadvantaged individuals, as that
term is defined in section 8(d)(3)(C) of such Act (15 U.S.C.
637(d)(3)(C)).
``(6) A small business concern owned and controlled by
women, as that term is defined under section 3(n) of such Act
(15 U.S.C. 632(n)).''.
(2) Conforming amendment.--Subsection (a)(1) of section 834
of such Act is amended by striking ``small business concerns and
small business concerns owned and controlled by socially and
economically disadvantaged individuals'' and inserting ``covered
small business concerns''.
SEC. 822. PLAN FOR IMPROVING DATA ON BUNDLED OR CONSOLIDATED
CONTRACTS.
(a) Plan Required.--Section 15 of the Small Business Act (15 U.S.C.
644) is amended by adding at the end the following new subsection:
``(s) Data Quality Improvement Plan.--
``(1) In general.--Not later than October 1, 2015, the
Administrator of the Small Business Administration, in
consultation with the Small Business Procurement Advisory
Council, the Administrator for Federal Procurement Policy, and
the Administrator of General Services, shall develop a plan to
improve the quality of data reported on bundled or consolidated
contracts in the Federal procurement data system (described in
section 1122(a)(4)(A) of title 41, United States Code).
``(2) Plan requirements.--The plan shall--
``(A) describe the roles and responsibilities of the
Administrator of the Small Business Administration, each
Director of Small and Disadvantaged Business
Utilization, the Administrator for Federal Procurement
Policy, the Administrator of General Services, senior
procurement executives, and Chief Acquisition Officers
in--
``(i) improving the quality of data reported
on bundled or consolidated contracts in the
Federal procurement data system; and
``(ii) contributing to the annual report
required by subsection (p)(4);
``(B) recommend changes to policies and procedures,
including training procedures of relevant personnel, to
properly identify and mitigate the effects of bundled or
consolidated contracts;
``(C) recommend requirements for periodic and
statistically valid data verification and validation;
and
``(D) recommend clear data verification
responsibilities.
[[Page 128 STAT. 3436]]
``(3) Plan submission.--The Administrator of the Small
Business Administration shall submit the plan to the Committee
on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
not later than December 1, 2016.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Chief acquisition officer; senior procurement
executive.--The terms `Chief Acquisition Officer' and
`senior procurement executive' have the meanings given
such terms in section 44(a) of this Act.
``(B) Bundled or consolidated contract.--The term
`bundled or consolidated contract' means a bundled
contract (as defined in section 3(o)) or a contract
resulting from the consolidation of contracting
requirements (as defined in section 44(a)(2)).''.
(b) Technical Amendment.--Section 44(a) of the Small Business Act
(15 U.S.C. 657q(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``appointed or'' before
``designated''; and
(B) by striking ``section 16(a) of the Office of
Federal Procurement Policy Act (41 U.S.C. 414(a))'' and
inserting ``section 1702(a) of title 41, United States
Code''; and
(2) in paragraph (3), by striking ``section 16(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 414(c))''
and inserting ``section 1702(c) of title 41, United States
Code''.
SEC. 823. AUTHORITY TO PROVIDE EDUCATION TO SMALL BUSINESSES ON
CERTAIN REQUIREMENTS OF ARMS EXPORT
CONTROL ACT.
(a) Assistance at Small Business Development Centers.--Section
21(c)(1) of the Small Business Act (15 U.S.C. 648(c)(1)) is amended by
inserting at the end the following: ``Applicants receiving grants under
this section may also assist small businesses by providing, where
appropriate, education on the requirements applicable to small
businesses under the regulations issued under section 38 of the Arms
Export Control Act (22 U.S.C. 2778) and on compliance with those
requirements.''.
(b) Procurement Technical Assistance.--Section 2418 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c) An eligible entity assisted by the Department of Defense under
this chapter also may furnish education on the requirements applicable
to small businesses under the regulations issued under section 38 of the
Arms Export Control Act (22 U.S.C. 2778) and on compliance with those
requirements.''.
SEC. 824. <<NOTE: 10 USC 2304 note.>> MATTERS RELATING TO REVERSE
AUCTIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall clarify
regulations on reverse auctions, as necessary, to ensure that--
(1) single bid contracts may not be entered into resulting
from reverse auctions unless compliant with existing Federal
regulations and Department of Defense memoranda providing
guidance on single bid offers;
(2) all reverse auctions provide offerors with the ability
to submit revised bids throughout the course of the auction;
[[Page 128 STAT. 3437]]
(3) if a reverse auction is conducted by a third party--
(A) inherently governmental functions are not
performed by private contractors, including by the third
party; and
(B) past performance or financial responsibility
information created by the third party is made available
to offerors; and
(4) reverse auctions resulting in design-build military
construction contracts specifically authorized in law are
prohibited.
(b) Training.--Not later than 180 days after the date of the
enactment of this Act, the President of the Defense Acquisition
University shall establish comprehensive training available for contract
specialists in the Department of Defense on the use of reverse auctions.
(c) Design-Build Defined.--In this section, the term ``design-
build'' means procedures used for the selection of a contractor on the
basis of price and other evaluation criteria to perform, in accordance
with the provisions of a firm fixed-price contract, both the design and
construction of a facility using performance specifications supplied by
the Secretary of Defense.
SEC. 825. SOLE SOURCE CONTRACTS FOR SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY WOMEN.
(a) Authority for Sole Source Contracts for Certain Small Business
Concerns Owned and Controlled by Women.--Subsection (m) of section 8 of
the Small Business Act (15 U.S.C. 637(m)) is amended--
(1) by amending paragraph (2)(E) to read as follows:
``(E) each of the concerns is certified by a Federal
agency, a State government, the Administrator, or a
national certifying entity approved by the Administrator
as a small business concern owned and controlled by
women.'';
(2) in paragraph (5), by striking ``paragraph (2)(F)'' each
place such term appears and inserting ``paragraph (2)(E)''; and
(3) by adding at the end the following new paragraphs:
``(7) Authority for sole source contracts for economically
disadvantaged small business concerns owned and controlled by
women.--A contracting officer may award a sole source contract
under this subsection to any small business concern owned and
controlled by women described in paragraph (2)(A) and certified
under paragraph (2)(E) if--
``(A) such concern is determined to be a responsible
contractor with respect to performance of the contract
opportunity and the contracting officer does not have a
reasonable expectation that 2 or more businesses
described in paragraph (2)(A) will submit offers;
``(B) the anticipated award price of the contract
(including options) will not exceed--
``(i) $6,500,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(ii) $4,000,000, in the case of any other
contract opportunity; and
``(C) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.
[[Page 128 STAT. 3438]]
``(8) Authority for sole source contracts for small business
concerns owned and controlled by women in substantially
underrepresented industries.--A contracting officer may award a
sole source contract under this subsection to any small business
concern owned and controlled by women certified under paragraph
(2)(E) that is in an industry in which small business concerns
owned and controlled by women are substantially underrepresented
(as determined by the Administrator under paragraph (3)) if--
``(A) such concern is determined to be a responsible
contractor with respect to performance of the contract
opportunity and the contracting officer does not have a
reasonable expectation that 2 or more businesses in an
industry that has received a waiver under paragraph (3)
will submit offers;
``(B) the anticipated award price of the contract
(including options) will not exceed--
``(i) $6,500,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(ii) $4,000,000, in the case of any other
contract opportunity; and
``(C) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.''.
(b) Reporting on Goals for Sole Source Contracts for Small Business
Concerns Owned and Controlled by Women.--Clause (viii) of subsection
15(h)(2)(E) of such Act <<NOTE: 15 USC 644.>> is amended--
(1) in subclause (IV), by striking ``and'' after the
semicolon;
(2) by redesignating subclause (V) as subclause (VIII); and
(3) by inserting after subclause (IV) the following new
subclauses:
``(V) through sole source contracts
awarded using the authority under
subsection 8(m)(7);
``(VI) through sole source contracts
awarded using the authority under
section 8(m)(8);
``(VII) by industry for contracts
described in subclause (III), (IV), (V),
or (VI); and''.
(c) Accelerated Deadline for Report on Industries Underrepresented
by Small Business Concerns Owned and Controlled by Women.--Paragraph (2)
of section 29(o) of such <<NOTE: 15 USC 656.>> Act is amended by
striking ``5 years after the date of enactment'' and inserting ``3 years
after the date of enactment''.
Subtitle D--Federal Information Technology Acquisition Reform
SEC. 831. CHIEF INFORMATION OFFICER AUTHORITY ENHANCEMENTS.
(a) In General.--Subchapter II of chapter 113 of title 40, United
States Code, is amended by adding at the end the following new section:
``Sec. 11319. <<NOTE: 10 USC 11319.>> Resources, planning, and
portfolio management
``(a) Definitions.--In this section:
``(1) The term `covered agency' means each agency listed in
section 901(b)(1) or 901(b)(2) of title 31.
[[Page 128 STAT. 3439]]
``(2) The term `information technology' has the meaning
given that term under capital planning guidance issued by the
Office of Management and Budget.
``(b) Additional Authorities for Chief Information Officers.--
``(1) Planning, programming, budgeting, and execution
authorities for cios.--
``(A) In general.--The head of each covered agency
other than the Department of Defense shall ensure that
the Chief Information Officer of the agency has a
significant role in--
``(i) the decision processes for all annual
and multi-year planning, programming, budgeting,
and execution decisions, related reporting
requirements, and reports related to information
technology; and
``(ii) the management, governance, and
oversight processes related to information
technology.
``(B) Budget formulation.--The Director of the
Office of Management and Budget shall require in the
annual information technology capital planning guidance
of the Office of Management and Budget the following:
``(i) That the Chief Information Officer of
each covered agency other than the Department of
Defense approve the information technology budget
request of the covered agency, and that the Chief
Information Officer of the Department of Defense
review and provide recommendations to the
Secretary of Defense on the information technology
budget request of the Department.
``(ii) That the Chief Information Officer of
each covered agency certify that information
technology investments are adequately implementing
incremental development, as defined in capital
planning guidance issued by the Office of
Management and Budget.
``(C) Review.--
``(i) In general.--A covered agency other than
the Department of Defense--
``(I) may not enter into a contract
or other agreement for information
technology or information technology
services, unless the contract or other
agreement has been reviewed and approved
by the Chief Information Officer of the
agency;
``(II) may not request the
reprogramming of any funds made
available for information technology
programs, unless the request has been
reviewed and approved by the Chief
Information Officer of the agency; and
``(III) may use the governance
processes of the agency to approve such
a contract or other agreement if the
Chief Information Officer of the agency
is included as a full participant in the
governance processes.
``(ii) Delegation.--
``(I) In general.--Except as
provided in subclause (II), the duties
of a Chief Information Officer under
clause (i) are not delegable.
[[Page 128 STAT. 3440]]
``(II) Non-major information
technology investments.--For a contract
or agreement for a non-major information
technology investment, as defined in the
annual information technology capital
planning guidance of the Office of
Management and Budget, the Chief
Information Officer of a covered agency
other than the Department of Defense may
delegate the approval of the contract or
agreement under clause (i) to an
individual who reports directly to the
Chief Information Officer.
``(2) Personnel-related authority.--Notwithstanding any
other provision of law, for each covered agency other than the
Department of Defense, the Chief Information Officer of the
covered agency shall approve the appointment of any other
employee with the title of Chief Information Officer, or who
functions in the capacity of a Chief Information Officer, for
any component organization within the covered agency.
``(c) Limitation.--None of the authorities provided in this section
shall apply to telecommunications or information technology that is
fully funded by amounts made available--
``(1) under the National Intelligence Program, defined by
section 3(6) of the National Security Act of 1947 (50 U.S.C.
3003(6));
``(2) under the Military Intelligence Program or any
successor program or programs; or
``(3) jointly under the National Intelligence Program and
the Military Intelligence Program (or any successor program or
programs).''.
(b) Clerical Amendment.--The table of sections for chapter 113 of
title 40, United States Code, <<NOTE: 10 USC prec. 11301.>> is amended
by inserting after the item relating to section 11318 the following new
item:
``11319. Resources, planning, and portfolio management.''.
SEC. 832. ENHANCED TRANSPARENCY AND IMPROVED RISK MANAGEMENT IN
INFORMATION TECHNOLOGY INVESTMENTS.
Section 11302(c) of title 40, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (5), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
``(1) Definitions.--In this subsection:
``(A) The term `covered agency' means an agency
listed in section 901(b)(1) or 901(b)(2) of title 31.
``(B) The term `major information technology
investment' means an investment within a covered agency
information technology investment portfolio that is
designated by the covered agency as major, in accordance
with capital planning guidance issued by the Director.
``(C) The term `national security system' has the
meaning provided in section 3542 of title 44.''; and
(3) by inserting after paragraph (2), as so redesignated,
the following new paragraphs:
``(3) Public availability.--
``(A) In general.--The Director shall make available
to the public a list of each major information
technology investment, without regard to whether the
investments
[[Page 128 STAT. 3441]]
are for new information technology acquisitions or for
operations and maintenance of existing information
technology, including data on cost, schedule, and
performance.
``(B) Agency information.--
``(i) The Director shall issue guidance to
each covered agency for reporting of data required
by subparagraph (A) that provides a standardized
data template that can be incorporated into
existing, required data reporting formats and
processes. Such guidance shall integrate the
reporting process into current budget reporting
that each covered agency provides to the Office of
Management and Budget, to minimize additional
workload. Such guidance shall also clearly specify
that the investment evaluation required under
subparagraph (C) adequately reflect the
investment's cost and schedule performance and
employ incremental development approaches in
appropriate cases.
``(ii) The Chief Information Officer of each
covered agency shall provide the Director with the
information described in subparagraph (A) on at
least a semi-annual basis for each major
information technology investment, using existing
data systems and processes.
``(C) Investment evaluation.--For each major
information technology investment listed under
subparagraph (A), the Chief Information Officer of the
covered agency, in consultation with other appropriate
agency officials, shall categorize the investment
according to risk, in accordance with guidance issued by
the Director.
``(D) Continuous improvement.--If either the
Director or the Chief Information Officer of a covered
agency determines that the information made available
from the agency's existing data systems and processes as
required by subparagraph (B) is not timely and reliable,
the Chief Information Officer, in consultation with the
Director and the head of the agency, shall establish a
program for the improvement of such data systems and
processes.
``(E) Waiver or limitation authority.--The
applicability of subparagraph (A) may be waived or the
extent of the information may be limited by the
Director, if the Director determines that such a waiver
or limitation is in the national security interests of
the United States.
``(F) Additional limitation.--The requirements of
subparagraph (A) shall not apply to national security
systems or to telecommunications or information
technology that is fully funded by amounts made
available--
``(i) under the National Intelligence Program,
defined by section 3(6) of the National Security
Act of 1947 (50 U.S.C. 3003(6));
``(ii) under the Military Intelligence Program
or any successor program or programs; or
``(iii) jointly under the National
Intelligence Program and the Military Intelligence
Program (or any successor program or programs).
``(4) Risk management.--For each major information
technology investment listed under paragraph (3)(A) that
receives a high risk rating, as described in paragraph (3)(C),
for 4 consecutive quarters--
[[Page 128 STAT. 3442]]
``(A) the Chief Information Officer of the covered
agency and the program manager of the investment within
the covered agency, in consultation with the
Administrator of the Office of Electronic Government,
shall conduct a review of the investment that shall
identify--
``(i) the root causes of the high level of
risk of the investment;
``(ii) the extent to which these causes can be
addressed; and
``(iii) the probability of future success;
``(B) the Administrator of the Office of Electronic
Government shall communicate the results of the review
under subparagraph (A) to--
``(i) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate;
``(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of Representatives;
and
``(iii) the committees of the Senate and the
House of Representatives with primary jurisdiction
over the agency;
``(C) in the case of a major information technology
investment of the Department of Defense, the assessment
required by subparagraph (A) may be accomplished in
accordance with section 2445c of title 10, provided that
the results of the review are provided to the
Administrator of the Office of Electronic Government
upon request and to the committees identified in
subsection (B); and
``(D) for a covered agency other than the Department
of Defense, if on the date that is one year after the
date of completion of the review required under
subsection (A), the investment is rated as high risk
under paragraph (3)(C), the Director shall deny any
request for additional development, modernization, or
enhancement funding for the investment until the date on
which the Chief Information Officer of the covered
agency determines that the root causes of the high level
of risk of the investment have been addressed, and there
is sufficient capability to deliver the remaining
planned increments within the planned cost and schedule.
``(5) Sunset of certain provisions.--Paragraphs (1), (3),
and (4) shall not be in effect on and after the date that is 5
years after the date of the enactment of the Carl Levin and
Howard P. `Buck' McKeon National Defense Authorization Act for
Fiscal Year 2015.''.
SEC. 833. PORTFOLIO REVIEW.
Section 11319 of title 40, United States Code, as added by section
831, is amended by adding at the end the following new section:
``(c) Information Technology Portfolio, Program, and Resource
Reviews.--
``(1) Process.--The Director of the Office of Management and
Budget, in consultation with the Chief Information Officers of
appropriate agencies, shall implement a process to assist
[[Page 128 STAT. 3443]]
covered agencies in reviewing their portfolio of information
technology investments--
``(A) to identify or develop ways to increase the
efficiency and effectiveness of the information
technology investments of the covered agency;
``(B) to identify or develop opportunities to
consolidate the acquisition and management of
information technology services, and increase the use of
shared-service delivery models;
``(C) to identify potential duplication and waste;
``(D) to identify potential cost savings;
``(E) to develop plans for actions to optimize the
information technology portfolio, programs, and
resources of the covered agency;
``(F) to develop ways to better align the
information technology portfolio, programs, and
financial resources of the covered agency to any multi-
year funding requirements or strategic plans required by
law;
``(G) to develop a multi-year strategy to identify
and reduce duplication and waste within the information
technology portfolio of the covered agency, including
component-level investments and to identify projected
cost savings resulting from such strategy; and
``(H) to carry out any other goals that the Director
may establish.
``(2) Metrics and performance indicators.--The Director of
the Office of Management and Budget, in consultation with the
Chief Information Officers of appropriate agencies, shall
develop standardized cost savings and cost avoidance metrics and
performance indicators for use by agencies for the process
implemented under paragraph (1).
``(3) Annual review.--The Chief Information Officer of each
covered agency, in conjunction with the Chief Operating Officer
or Deputy Secretary (or equivalent) of the covered agency and
the Administrator of the Office of Electronic Government, shall
conduct an annual review of the information technology portfolio
of the covered agency.
``(4) Applicability to the department of defense.--In the
case of the Department of Defense, processes established
pursuant to this subsection shall apply only to the business
systems information technology portfolio of the Department of
Defense and not to national security systems as defined by
section 11103(a) of this title. The annual review required by
paragraph (3) shall be carried out by the Deputy Chief
Management Officer of the Department of Defense (or any
successor to such Officer), in consultation with the Chief
Information Officer, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, and other appropriate
Department of Defense officials. The Secretary of Defense may
designate an existing investment or management review process to
fulfill the requirement for the annual review required by
paragraph (3), in consultation with the Administrator of the
Office of Electronic Government.
``(5) Quarterly reports.--
``(A) In general.--The Administrator of the Office
of Electronic Government shall submit a quarterly report
on the cost savings and reductions in duplicative
information
[[Page 128 STAT. 3444]]
technology investments identified through the review
required by paragraph (3) to--
``(i) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate;
``(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of Representatives;
and
``(iii) upon a request by any committee of
Congress, to that committee.
``(B) Inclusion in other reports.--The reports
required under subparagraph (A) may be included as part
of another report submitted to the committees of
Congress described in clauses (i), (ii), and (iii) of
subparagraph (A).
``(6) Sunset.--This subsection shall not be in effect on and
after the date that is 5 years after the date of the enactment
of the Carl Levin and Howard P. `Buck' McKeon National Defense
Authorization Act for Fiscal Year 2015.''.
SEC. 834. <<NOTE: 44 USC 3601 note.>> FEDERAL DATA CENTER
CONSOLIDATION INITIATIVE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Electronic Government established
under section 3602 of title 44, United States Code (and also
known as the Office of E-Government and Information Technology),
within the Office of Management and Budget.
(2) Covered agency.--The term ``covered agency'' means the
following (including all associated components of the agency):
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Homeland Security.
(H) Department of Housing and Urban Development.
(I) Department of the Interior.
(J) Department of Justice.
(K) Department of Labor.
(L) Department of State.
(M) Department of Transportation.
(N) Department of Treasury.
(O) Department of Veterans Affairs.
(P) Environmental Protection Agency.
(Q) General Services Administration.
(R) National Aeronautics and Space Administration.
(S) National Science Foundation.
(T) Nuclear Regulatory Commission.
(U) Office of Personnel Management.
(V) Small Business Administration.
(W) Social Security Administration.
(X) United States Agency for International
Development.
(3) FDCCI.--The term ``FDCCI'' means the Federal Data Center
Consolidation Initiative described in the Office of Management
and Budget Memorandum on the Federal Data
[[Page 128 STAT. 3445]]
Center Consolidation Initiative, dated February 26, 2010, or any
successor thereto.
(4) Government-wide data center consolidation and
optimization metrics.--The term ``Government-wide data center
consolidation and optimization metrics'' means the metrics
established by the Administrator under subsection (b)(2)(G).
(b) Federal Data Center Consolidation Inventories and Strategies.--
(1) In general.--
(A) Annual reporting.--Except as provided in
subparagraph (C), each year, beginning in the first
fiscal year after the date of the enactment of this Act
and each fiscal year thereafter, the head of each
covered agency, assisted by the Chief Information
Officer of the agency, shall submit to the
Administrator--
(i) a comprehensive inventory of the data
centers owned, operated, or maintained by or on
behalf of the agency; and
(ii) a multi-year strategy to achieve the
consolidation and optimization of the data centers
inventoried under clause (i), that includes--
(I) performance metrics--
(aa) that are consistent
with the Government-wide data
center consolidation and
optimization metrics; and
(bb) by which the
quantitative and qualitative
progress of the agency toward
the goals of the FDCCI can be
measured;
(II) a timeline for agency
activities to be completed under the
FDCCI, with an emphasis on benchmarks
the agency can achieve by specific
dates;
(III) year-by-year calculations of
investment and cost savings for the
period beginning on the date of the
enactment of this Act and ending on the
date set forth in subsection (e), broken
down by each year, including a
description of any initial costs for
data center consolidation and
optimization and life cycle cost savings
and other improvements, with an emphasis
on--
(aa) meeting the Government-
wide data center consolidation
and optimization metrics; and
(bb) demonstrating the
amount of agency-specific cost
savings each fiscal year
achieved through the FDCCI; and
(IV) any additional information
required by the Administrator.
(B) Use of other reporting structures.--The
Administrator may require a covered agency to include
the information required to be submitted under this
subsection through reporting structures determined by
the Administrator to be appropriate.
(C) Department of defense reporting.--For any year
that the Department of Defense is required to submit a
performance plan for reduction of resources required
[[Page 128 STAT. 3446]]
for data servers and centers, as required under section
2867(b) of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a note), the Department
of Defense--
(i) may submit to the Administrator, in lieu
of the multi-year strategy required under
subparagraph (A)(ii)--
(I) the defense-wide plan required
under section 2867(b)(2) of the National
Defense Authorization Act for Fiscal
Year 2012 (10 U.S.C. 2223a note); and
(II) the report on cost savings
required under section 2867(d) of the
National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a note);
and
(ii) shall submit the comprehensive inventory
required under subparagraph (A)(i), unless the
defense-wide plan required under section
2867(b)(2) of the National Defense Authorization
Act for Fiscal Year 2012 (10 U.S.C. 2223a note)--
(I) contains a comparable
comprehensive inventory; and
(II) is submitted under clause (i).
(D) Statement.--Each year, beginning in the first
fiscal year after the date of the enactment of this Act
and each fiscal year thereafter, the head of each
covered agency, acting through the Chief Information
Officer of the agency, shall--
(i)(I) submit a statement to the Administrator
stating whether the agency has complied with the
requirements of this section; and
(II) make the statement submitted under
subclause (I) publicly available; and
(ii) if the agency has not complied with the
requirements of this section, submit a statement
to the Administrator explaining the reasons for
not complying with such requirements.
(E) Agency implementation of strategies.--
(i) In general.--Each covered agency, under
the direction of the Chief Information Officer of
the agency, shall--
(I) implement the strategy required
under subparagraph (A)(ii); and
(II) provide updates to the
Administrator, on a quarterly basis,
of--
(aa) the completion of
activities by the agency under
the FDCCI;
(bb) any progress of the
agency towards meeting the
Government-wide data center
consolidation and optimization
metrics; and
(cc) the actual cost savings
and other improvements realized
through the implementation of
the strategy of the agency.
(ii) Department of defense.--For purposes of
clause (i)(I), implementation of the defense-wide
plan required under section 2867(b)(2) of the
National Defense Authorization Act for Fiscal Year
2012 (10
[[Page 128 STAT. 3447]]
U.S.C. 2223a note) by the Department of Defense
shall be considered implementation of the strategy
required under subparagraph (A)(ii).
(F) Rule of construction.--Nothing in this section
shall be construed to limit the reporting of information
by a covered agency to the Administrator, the Director
of the Office of Management and Budget, or Congress.
(2) Administrator responsibilities.--The Administrator
shall--
(A) establish the deadline, on an annual basis, for
covered agencies to submit information under this
section;
(B) establish a list of requirements that the
covered agencies must meet to be considered in
compliance with paragraph (1);
(C) ensure that information relating to agency
progress towards meeting the Government-wide data center
consolidation and optimization metrics is made available
in a timely manner to the general public;
(D) review the inventories and strategies submitted
under paragraph (1) to determine whether they are
comprehensive and complete;
(E) monitor the implementation of the data center
strategy of each covered agency that is required under
paragraph (1)(A)(ii);
(F) update, on an annual basis, the cumulative cost
savings realized through the implementation of the
FDCCI; and
(G) establish metrics applicable to the
consolidation and optimization of data centers
Government-wide, including metrics with respect to--
(i) costs;
(ii) efficiencies, including, at a minimum,
server efficiency; and
(iii) any other factors the Administrator
considers appropriate.
(3) Cost saving goal and updates for congress.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Administrator
shall develop, and make publicly available, a goal,
broken down by year, for the amount of planned cost
savings and optimization improvements achieved through
the FDCCI during the period beginning on the date of the
enactment of this Act and ending on the date set forth
in subsection (e).
(B) Annual update.--
(i) In general.--Not later than one year after
the date on which the goal described in
subparagraph (A) is made publicly available, and
each year thereafter, the Administrator shall
aggregate the reported cost savings of each
covered agency and optimization improvements
achieved to date through the FDCCI and compare the
savings to the projected cost savings and
optimization improvements developed under
subparagraph (A).
[[Page 128 STAT. 3448]]
(ii) Update for congress.--The goal required
to be developed under subparagraph (A) shall be
submitted to Congress and shall be accompanied by
a statement describing--
(I) the extent to which each covered
agency has developed and submitted a
comprehensive inventory under paragraph
(1)(A)(i), including an analysis of the
inventory that details specific numbers,
use, and efficiency level of data
centers in each inventory; and
(II) the extent to which each
covered agency has submitted a
comprehensive strategy that addresses
the items listed in paragraph
(1)(A)(ii).
(4) GAO review.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, and each year
thereafter, the Comptroller General of the United States
shall review and verify the quality and completeness of
the inventory and strategy of each covered agency
required under paragraph (1)(A).
(B) Report.--The Comptroller General of the United
States shall, on an annual basis, publish a report on
each review conducted under subparagraph (A).
(c) Ensuring Cybersecurity Standards for Data Center Consolidation
and Cloud Computing.--
(1) In general.--In implementing a data center consolidation
and optimization strategy under this section, a covered agency
shall do so in a manner that is consistent with Federal
guidelines on cloud computing security, including--
(A) applicable provisions found within the Federal
Risk and Authorization Management Program (FedRAMP); and
(B) guidance published by the National Institute of
Standards and Technology.
(2) Rule of construction.--Nothing in this section shall be
construed to limit the ability of the Director of the Office of
Management and Budget to update or modify the Federal guidelines
on cloud computing security.
(d) Waiver of Requirements.--The Director of National Intelligence
and the Secretary of Defense, or their respective designee, may waive
the applicability to any national security system, as defined in section
3542 of title 44, United States Code, of any provision of this section
if the Director of National Intelligence or the Secretary of Defense, or
their respective designee, determines that such waiver is in the
interest of national security. Not later than 30 days after making a
waiver under this subsection, the Director of National Intelligence or
the Secretary of Defense, or their respective designee, shall submit to
the Committee on Homeland Security and Governmental Affairs and the
Select Committee on Intelligence of the Senate and the Committee on
Oversight and Government Reform and the Permanent Select Committee on
Intelligence of the House of Representatives a statement describing the
waiver and the reasons for the waiver.
(e) Sunset.--This section is repealed effective on October 1, 2018.
[[Page 128 STAT. 3449]]
SEC. 835. <<NOTE: 41 USC 1704 note.>> EXPANSION OF TRAINING AND
USE OF INFORMATION TECHNOLOGY CADRES.
(a) Purpose.--The purpose of this section is to ensure timely
progress by Federal agencies toward developing, strengthening, and
deploying information technology acquisition cadres consisting of
personnel with highly specialized skills in information technology
acquisition, including program and project managers.
(b) Strategic Planning.--
(1) In general.--The Administrator for Federal Procurement
Policy, in consultation with the Administrator for E-Government
and Information Technology, shall work with Federal agencies,
other than the Department of Defense, to update their
acquisition human capital plans that were developed pursuant to
the October 27, 2009, guidance issued by the Administrator for
Federal Procurement Policy in furtherance of section 1704(g) of
title 41, United States Code (originally enacted as section 869
of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4553)), to
address how the agencies are meeting their human capital
requirements to support the timely and effective acquisition of
information technology.
(2) Elements.--The updates required by paragraph (1) shall
be submitted to the Administrator for Federal Procurement Policy
and shall address, at a minimum, each Federal agency's
consideration or use of the following procedures:
(A) Development of an information technology
acquisition cadre within the agency or use of memoranda
of understanding with other agencies that have such
cadres or personnel with experience relevant to the
agency's information technology acquisition needs.
(B) Development of personnel assigned to information
technology acquisitions, including cross-functional
training of acquisition information technology and
program personnel.
(C) Use of the specialized career path for
information technology program managers as designated by
the Office of Personnel Management and plans for
strengthening information technology program management.
(D) Use of direct hire authority.
(E) Conduct of peer reviews.
(F) Piloting of innovative approaches to information
technology acquisition workforce development, such as
industry-government rotations.
(c) Federal Agency Defined.--In this section, the term ``Federal
agency'' means each agency listed in section 901(b) of title 31, United
States Code.
SEC. 836. <<NOTE: 41 USC 3301 note.>> MAXIMIZING THE BENEFIT OF
THE FEDERAL STRATEGIC SOURCING INITIATIVE.
Not later than 180 days after the date of the enactment of this Act,
the Administrator for Federal Procurement Policy shall prescribe
regulations providing that when the Federal Government makes a purchase
of services and supplies offered under the Federal Strategic Sourcing
Initiative (managed by the Office of Federal Procurement Policy) but
such Initiative is not used, the contract file for the purchase shall
include a brief analysis of the comparative value, including price and
nonprice factors, between the services
[[Page 128 STAT. 3450]]
and supplies offered under such Initiative and services and supplies
offered under the source or sources used for the purchase.
SEC. 837. <<NOTE: 10 USC 3301 note.>> GOVERNMENTWIDE SOFTWARE
PURCHASING PROGRAM.
(a) In General.--The Administrator of General Services shall
identify and develop a strategic sourcing initiative to enhance
Governmentwide acquisition, shared use, and dissemination of software,
as well as compliance with end user license agreements.
(b) Governmentwide User License Agreement.--The Administrator, in
developing the initiative under subsection (a), shall allow for the
purchase of a license agreement that is available for use by all
Executive agencies (as defined in section 105 of title 5, United States
Code) as one user to the maximum extent practicable and as appropriate.
Subtitle E--Never Contract With the Enemy
SEC. 841. <<NOTE: 10 USC 2302 note.>> PROHIBITION ON PROVIDING
FUNDS TO THE ENEMY.
(a) Identification of Persons and Entities.--The Secretary of
Defense shall, in conjunction with the Director of National Intelligence
and in consultation with the Secretary of State, establish in each
covered combatant command a program to identify persons and entities
within the area of responsibility of such command that--
(1) provide funds, including goods and services, received
under a covered contract, grant, or cooperative agreement of an
executive agency directly or indirectly to a covered person or
entity; or
(2) fail to exercise due diligence to ensure that none of
the funds, including goods and services, received under a
covered contract, grant, or cooperative agreement of an
executive agency are provided directly or indirectly to a
covered person or entity.
(b) Notice of Identified Persons and Entities.--
(1) Notice.--Upon the identification of a person or entity
as being described by subsection (a), the head of the executive
agency concerned (or the designee of such head) and the
commander of the covered combatant command concerned (or the
specified deputies of the commander) shall be notified, in
writing, of such identification of the person or entity.
(2) Responsive actions.--Upon receipt of a notice under
paragraph (1), the head of the executive agency concerned (or
the designee of such head) and the commander of the covered
combatant command concerned (or the specified deputies of the
commander) may notify the heads of contracting activities, or
other appropriate officials of the agency or command, in writing
of such identification.
(3) Making of notifications.--Any written notification
pursuant to this subsection shall be made in accordance with
procedures established to implement the revisions of regulations
required by this section.
(c) Authority to Terminate or Void Contracts, Grants, and
Cooperative Agreements and to Restrict Future Award.--Not later than 270
days after the date of the enactment of this Act, the Federal
Acquisition Regulation, the Defense Federal
[[Page 128 STAT. 3451]]
Acquisition Regulation Supplement, and the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards
shall be revised to provide that, upon notice from the head of an
executive agency (or the designee of such head) or the commander of a
covered combatant command (or the specified deputies of the commander)
pursuant to subsection (b), the head of contracting activity of an
executive agency, or other appropriate official, may do the following:
(1) Restrict the award of contracts, grants, or cooperative
agreements of the executive agency concerned upon a written
determination by the head of contracting activity or other
appropriate official that the contract, grant, or cooperative
agreement would provide funds received under such contract,
grant, or cooperative agreement directly or indirectly to a
covered person or entity.
(2) Terminate for default any contract, grant, or
cooperative agreement of the executive agency concerned upon a
written determination by the head of contracting activity or
other appropriate official that the contractor, or the recipient
of the grant or cooperative agreement, has failed to exercise
due diligence to ensure that none of the funds received under
the contract, grant, or cooperative agreement are provided
directly or indirectly to a covered person or entity.
(3) Void in whole or in part any contract, grant, or
cooperative agreement of the executive agency concerned upon a
written determination by the head of contracting activity or
other appropriate official that the contract, grant, or
cooperative agreement provides funds directly or indirectly to a
covered person or entity.
(d) Clause.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Federal Acquisition Regulation,
the Defense Federal Acquisition Regulation Supplement, and the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards shall be revised to require
that--
(A) the clause described in paragraph (2) shall be
included in each covered contract, grant, and
cooperative agreement of an executive agency that is
awarded on or after the date that is 270 days after the
date of the enactment of this Act; and
(B) to the maximum extent practicable, each covered
contract, grant, and cooperative agreement of an
executive agency that is awarded before the date of the
enactment of this Act shall be modified to include the
clause described in paragraph (2).
(2) Clause described.--The clause described in this
paragraph is a clause that--
(A) requires the contractor, or the recipient of the
grant or cooperative agreement, to exercise due
diligence to ensure that none of the funds, including
goods and services, received under the contract, grant,
or cooperative agreement are provided directly or
indirectly to a covered person or entity; and
(B) notifies the contractor, or the recipient of the
grant or cooperative agreement, of the authority of the
head of contracting activity, or other appropriate
official, to
[[Page 128 STAT. 3452]]
terminate or void the contract, grant, or cooperative
agreement, in whole or in part, as provided in
subsection (c).
(3) Treatment as void.--For purposes of this section:
(A) A contract, grant, or cooperative agreement that
is void is unenforceable as contrary to public policy.
(B) A contract, grant, or cooperative agreement that
is void in part is unenforceable as contrary to public
policy with regard to a segregable task or effort under
the contract, grant, or cooperative agreement.
(4) Public comment.--The President shall ensure that the
process for revising regulations required by paragraph (1) shall
include an opportunity for public comment, including an
opportunity for comment on standards of due diligence required
by this section.
(e) Requirements Following Contract Actions.--Not later than 270
days after the date of the enactment of this Act, the Federal
Acquisition Regulation, the Defense Federal Acquisition Regulation
Supplement, and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards shall be revised
as follows:
(1) To require that any head of contracting activity, or
other appropriate official, taking an action under subsection
(c) to terminate, void, or restrict a contract, grant, or
cooperative agreement notify in writing the contractor or
recipient of the grant or cooperative agreement, as applicable,
of the action.
(2) To permit the contractor or recipient of a grant or
cooperative agreement subject to an action taken under
subsection (c) to terminate or void the contract, grant, or
cooperative agreement, as the case may be, an opportunity to
challenge the action by requesting an administrative review of
the action under the procedures of the executive agency
concerned not later than 30 days after receipt of notice of the
action.
(f) Annual Review; Protection of Classified Information.--
(1) Annual review.--The Secretary of Defense, in conjunction
with the Director of National Intelligence and in consultation
with the Secretary of State shall, on an annual basis, review
the lists of persons and entities previously covered by a notice
under subsection (b) as having been identified as described by
subsection (a) in order to determine whether or not such persons
and entities continue to warrant identification as described by
subsection (a). If a determination is made pursuant to such a
review that a person or entity no longer warrants identification
as described by subsection (a), the Secretary of Defense shall
notify the head of the executive agency concerned (or the
designee of such head) and the commander of the covered
combatant command concerned (or the specified deputies of the
commander) in writing of such determination.
(2) Protection of classified information.--Classified
information relied upon to make an identification in accordance
with subsection (a) may not be disclosed to a contractor or a
recipient of a grant or cooperative agreement with respect to
which an action is taken pursuant to the authority provided in
subsection (c), or to their representatives, in the absence of a
protective order issued by a court of competent jurisdiction
established under Article I or Article III of the Constitution
[[Page 128 STAT. 3453]]
of the United States that specifically addresses the conditions
upon which such classified information may be so disclosed.
(g) Delegation of Certain Responsibilities.--
(1) Combatant command responsibilities.--The commander of a
covered combatant command may delegate the responsibilities in
this section to any deputies of the commander specified by the
commander for purposes of this section. Any delegation of
responsibilities under this paragraph shall be made in writing.
(2) Nondelegation of responsibility for certain actions.--
The authority provided by subsection (c) to terminate, void, or
restrict contracts, grants, and cooperative agreements, in whole
or in part, may not be delegated below the level of head of
contracting activity, or equivalent official for purposes of
grants or cooperative agreements.
(h) Additional Responsibilities of Executive Agencies.--
(1) Sharing of information on supporters of the enemy.--The
Secretary of Defense shall, in consultation with the Director of
the Office of Management and Budget, carry out a program through
which agency components may provide information to heads of
executive agencies (or the designees of such heads) and the
commanders of the covered combatant commands (or the specified
deputies of the commanders) relating to persons or entities who
may be providing funds, including goods and services, received
under contracts, grants, or cooperative agreements of the
executive agencies directly or indirectly to a covered person or
entity. The program shall be designed to facilitate and
encourage the sharing of risk and threat information between
executive agencies and the covered combatant commands.
(2) Inclusion of information on contract actions in fapiis
and other systems.--Upon the termination, voiding, or
restriction of a contract, grant, or cooperative agreement of an
executive agency under subsection (c), the head of contracting
activity of the executive agency shall provide for the inclusion
in the Federal Awardee Performance and Integrity Information
System (FAPIIS), or other formal system of records on
contractors or entities, of appropriate information on the
termination, voiding, or restriction, as the case may be, of the
contract, grant, or cooperative agreement.
(3) Reports.--The head of contracting activity that receives
a notice pursuant to subsection (b) shall submit to the head of
the executive agency concerned (or the designee of such head)
and the commander of the covered combatant command concerned (or
specified deputies) a report on the action, if any, taken by the
head of contracting activity pursuant to subsection (c),
including a determination not to terminate, void, or restrict
the contract, grant, or cooperative agreement as otherwise
authorized by subsection (c).
(i) Reports.--
(1) In general.--Not later than March 1 of 2016, 2017, and
2018, the Director of the Office of Management and Budget shall
submit to the appropriate committees of Congress a report on the
use of the authorities in this section in the preceding calendar
year, including the following:
(A) For each instance in which an executive agency
exercised the authority to terminate, void, or restrict
a
[[Page 128 STAT. 3454]]
contract, grant, and cooperative agreement pursuant to
subsection (c), based on a notification under subsection
(b), the following:
(i) The executive agency taking such action.
(ii) An explanation of the basis for the
action taken.
(iii) The value of the contract, grant, or
cooperative agreement voided or terminated.
(iv) The value of all contracts, grants, or
cooperative agreements of the executive agency in
force with the person or entity concerned at the
time the contract, grant, or cooperative agreement
was terminated or voided.
(B) For each instance in which an executive agency
did not exercise the authority to terminate, void, or
restrict a contract, grant, and cooperative agreement
pursuant to subsection (c), based on a notification
under subsection (b), the following:
(i) The executive agency concerned.
(ii) An explanation of the basis for not
taking the action.
(2) Form.--Any report under this subsection may, at the
election of the Director--
(A) be submitted in unclassified form, but with a
classified annex; or
(B) be submitted in classified form.
(j) Inapplicability to Certain Contracts, Grants, and Cooperative
Agreements.--The provisions of this section do not apply to contracts,
grants, and cooperative agreements that are performed entirely inside
the United States.
(k) National Security Exception.--Nothing in this section shall
apply to the authorized intelligence or law enforcement activities of
the United States Government.
(l) Construction With Other Authorities.--Except as provided in
subsection (m), the authorities in this section shall be in addition to,
and not to the exclusion of, any other authorities available to
executive agencies to implement policies and purposes similar to those
set forth in this section.
(m) Coordination With Current Authorities.--
(1) Repeal of superseded authority related to centcom.--
Effective 270 days after the date of the enactment of this Act,
section 841 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1510; 10 U.S.C. 2302
note) is repealed.
(2) Repeal of superseded authority related to department of
defense.--Effective 270 days after the date of the enactment of
this Act, section 831 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 810; 10
U.S.C. 2302 note) is repealed.
(3) Use of superseded authorities in implementation of
requirements.--In providing for the implementation of the
requirements of this section by the Department of Defense, the
Secretary of Defense may use and modify for that purpose the
regulations and procedures established for purposes of the
implementation of the requirements of section 841 of the
National Defense Authorization Act for Fiscal Year 2012 and
section 831 of the National Defense Authorization Act for Fiscal
Year 2014.
[[Page 128 STAT. 3455]]
(n) Sunset.--The provisions of this section shall cease to be
effective on December 31, 2019.
SEC. 842. <<NOTE: 10 USC 2302 note.>> ADDITIONAL ACCESS TO
RECORDS.
(a) Contracts, Grants, and Cooperative Agreements.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, applicable regulations shall be
revised to provide that, except as provided under subsection
(c)(1), the clause described in paragraph (2) may, as
appropriate, be included in each covered contract, grant, and
cooperative agreement of an executive agency that is awarded on
or after the date of the enactment of this Act.
(2) Clause.--The clause described in this paragraph is a
clause authorizing the head of the executive agency concerned,
upon a written determination pursuant to paragraph (3), to
examine any records of the contractor, the recipient of a grant
or cooperative agreement, or any subcontractor or subgrantee
under such contract, grant, or cooperative agreement to the
extent necessary to ensure that funds, including goods and
services, available under the contract, grant, or cooperative
agreement are not provided directly or indirectly to a covered
person or entity.
(3) Written determination.--The authority to examine records
pursuant to the contract clause described in paragraph (2) may
be exercised only upon a written determination by the
contracting officer, or comparable official responsible for a
grant or cooperative agreement, upon a finding by the commander
of a covered combatant command (or the specified deputies of the
commander) or the head of an executive agency (or the designee
of such head) that there is reason to believe that funds,
including goods and services, available under the contract,
grant, or cooperative agreement concerned may have been provided
directly or indirectly to a covered person or entity.
(4) Flowdown.--A clause described in paragraph (2) may also
be included in any subcontract or subgrant under a covered
contract, grant, or cooperative agreement if the subcontract or
subgrant has an estimated value in excess of $50,000.
(b) Reports.--
(1) In general.--Not later than March 1 of 2016, 2017, and
2018, the Director of the Office of Management and Budget shall
submit to the appropriate committees of Congress a report on the
use of the authority provided by this section in the preceding
calendar year.
(2) Elements.--Each report under this subsection shall
identify, for the calendar year covered by such report, each
instance in which an executive agency exercised the authority
provided under this section to examine records, explain the
basis for the action taken, and summarize the results of any
examination of records so undertaken.
(3) Form.--Any report under this subsection may be submitted
in classified form.
(c) Relationship to Existing Authorities Applicable to CENTCOM.--
(1) Applicability.--This section shall not apply to
contracts, grants, or cooperative agreements covered under
section
[[Page 128 STAT. 3456]]
842 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1513; 10 U.S.C. 2313 note).
(2) Extension of current authorities applicable to
centcom.--Section 842(d)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1514; 10 U.S.C. 2313 note) is amended by striking ``date
of the enactment of this Act'' and inserting ``date of the
enactment of the Carl Levin and Howard P. `Buck' McKeon National
Defense Authorization Act for Fiscal Year 2015''.
SEC. 843. <<NOTE: 10 USC 2302 note.>> DEFINITIONS.
In this subtitle:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Oversight and Government Reform, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
(3) Contract.--The term ``contract'' includes a contract for
commercial items but is not limited to a contract for commercial
items.
(4) Covered combatant command.--The term ``covered combatant
command'' means the following:
(A) The United States Africa Command.
(B) The United States Central Command.
(C) The United States European Command.
(D) The United States Pacific Command.
(E) The United States Southern Command.
(F) The United States Transportation Command.
(5) Covered contract, grant, or cooperative agreement
defined.--The term ``covered contract, grant, or cooperative
agreement'' means a contract, grant, or cooperative agreement
with an estimated value in excess of $50,000 that is performed
outside the United States, including its possessions and
territories, in support of a contingency operation in which
members of the Armed Forces are actively engaged in hostilities.
(6) Covered person or entity.--The term ``covered person or
entity'' means a person or entity that is actively opposing
United States or coalition forces involved in a contingency
operation in which members of the Armed Forces are actively
engaged in hostilities.
(7) Executive agency.--The term ``executive agency'' has the
meaning given that term in section 133 of title 41, United
States Code.
(8) Head of contracting activity.--The term ``head of
contracting activity'' has the meaning described in section
1.601 of the Federal Acquisition Regulation.
(9) Uniform administrative requirements, cost principles,
and audit requirements for federal awards.--The
[[Page 128 STAT. 3457]]
term ``Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards'' means the guidance
issued by the Office of Management and Budget in part 200 of
chapter II of title 2 of the Code of Federal Regulations.
Subtitle F--Other Matters
SEC. 851. <<NOTE: 10 USC 2302 note.>> RAPID ACQUISITION AND
DEPLOYMENT PROCEDURES FOR UNITED STATES
SPECIAL OPERATIONS COMMAND.
(a) Authority to Establish Procedures.--The Secretary may prescribe
procedures for the rapid acquisition and deployment of items for the
United States Special Operations Command that are currently under
development by the Department of Defense or available from the
commercial sector and are--
(1) urgently needed to react to an enemy threat or to
respond to significant and urgent safety situations;
(2) needed to avoid significant risk of loss of life or
mission failure; or
(3) needed to avoid collateral damage risk where the absence
of collateral damage is a requirement for mission success.
(b) Issues to Be Addressed.--The procedures prescribed under
subsection (a) shall include the following:
(1) A process for streamlined communication between the
Commander of the United States Special Operations Command and
the acquisition and research and development communities,
including--
(A) a process for the Commander to communicate needs
to the acquisition community and the research and
development community; and
(B) a process for the acquisition community and the
research and development community to propose items that
meet the needs communicated by the Commander.
(2) Procedures for demonstrating, rapidly acquiring, and
deploying items proposed pursuant to paragraph (1)(B),
including--
(A) a process for demonstrating performance and
evaluating for current operational purposes the existing
capability of an item;
(B) a process for developing an acquisition and
funding strategy for the deployment of an item; and
(C) a process for making deployment determinations
based on information obtained pursuant to subparagraphs
(A) and (B).
(c) Testing Requirement.--
(1) In general.--The process for demonstrating performance
and evaluating for current operational purposes the existing
capability of an item prescribed under subsection (b)(2)(A)
shall include--
(A) an operational assessment in accordance with
expedited procedures prescribed by the Director of
Operational Testing and Evaluation; and
(B) a requirement to provide information to the
deployment decision-making authority about any
deficiency of the item in meeting the original
requirements for the item
[[Page 128 STAT. 3458]]
(as stated in an operational requirements document or
similar document).
(2) Deficiency not a determining factor.--The process may
not include a requirement for any deficiency of an item to be
the determining factor in deciding whether to deploy the item.
(3) Additional requirement in case of deficiency.--In the
case of any deficiency of an item, a decision to deploy the item
may be made only if the Commander of the United States Special
Operations Command determines that, for reasons of national
security, the deficiency of the item is acceptable.
(d) Limitation.--The quantity of items of a system procured using
the procedures prescribed pursuant to this section may not exceed the
number established for low-rate initial production for the system. Any
such items shall be counted for purposes of the number of items of the
system that may be procured through low-rate initial production.
(e) Annual Funding Limitation.--Of the funds available to the
Commander of the United States Special Operations Command in any given
fiscal year, not more than $50,000,000 may be used to procure items
under this section.
(f) Relationship to Other Rapid Acquisition Authority.--The
Commander of the United States Special Operations Command may not use
the authority under this section at the same time the Commander uses the
authority under section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C.
2302 note).
(g) Congressional Notifications.--
(1) Notification before procedures go into effect.--The
Secretary of Defense shall notify the congressional defense
committees at least 30 days before the procedures prescribed
pursuant to this section are made effective.
(2) Notification after use of procedures.--The Secretary of
Defense shall notify the congressional defense committees not
later than 48 hours after each use of the procedures prescribed
pursuant to this section.
SEC. 852. <<NOTE: 10 USC 2302 note.>> CONSIDERATION OF CORROSION
CONTROL IN PRELIMINARY DESIGN REVIEW.
The Under Secretary of Defense for Acquisition, Technology, and
Logistics shall ensure that Department of Defense Instruction 5000.02
and other applicable guidance require full consideration, during
preliminary design review for a product, of metals, materials, and
technologies that effectively prevent or control corrosion over the life
cycle of the product.
SEC. 853. PROGRAM MANAGER DEVELOPMENT REPORT.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on enhancing the role of Department of
Defense civilian and military program managers in developing and
carrying out defense acquisition programs.
(b) Matters to Be Addressed.--The report required by this section
shall address, at a minimum, recommendations for--
(1) enhancing training and educational opportunities for
program managers;
[[Page 128 STAT. 3459]]
(2) increasing emphasis on the mentoring of current and
future program managers by experienced senior executives and
program managers within the Department;
(3) improving career paths and career opportunities for
program managers;
(4) creating additional incentives for the recruitment and
retention of highly qualified individuals to serve as program
managers;
(5) improving required resource levels and support
(including systems engineering expertise, cost estimating
expertise, and software development expertise) for program
managers;
(6) improving means of collecting and disseminating best
practices and lessons learned to enhance program management
across the Department;
(7) creating common templates and tools to support improved
data gathering and analysis for program management and oversight
purposes;
(8) increasing accountability of program managers for the
results of defense acquisition programs;
(9) enhancing monetary and nonmonetary awards for successful
accomplishment of program objectives by program managers; and
(10) improving program manager tenure with the goal of
maintaining both civilian and military program managers in their
positions for a sufficient period of time to ensure program
stability and consistency of leadership, including consideration
of tying program manager tenure to milestone decision points for
major defense acquisition programs and major automated
information system programs.
SEC. 854. <<NOTE: 10 USC 2223a note.>> OPERATIONAL METRICS FOR
JOINT INFORMATION ENVIRONMENT AND
SUPPORTING ACTIVITIES.
(a) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Chief Information Officer of the Department of Defense, shall issue
guidance for measuring the operational effectiveness and efficiency of
the Joint Information Environment within the military departments,
Defense Agencies, and combatant commands. The guidance shall include a
definition of specific metrics for data collection, and a requirement
for each military department, Defense Agency, and combatant command to
regularly collect and assess data on such operational effectiveness and
efficiency and report the results to such Chief Information Officer on a
regular basis.
(b) Baseline Architecture.--The Chief Information Officer of the
Department of Defense shall identify a baseline architecture for the
Joint Information Environment by identifying and reporting to the
Secretary of Defense any information technology programs or other
investments that support that architecture.
(c) Joint Information Environment Defined.--In this section, the
term ``Joint Information Environment'' means the initiative of the
Department of Defense to modernize the information technology networks
and systems within the Department.
[[Page 128 STAT. 3460]]
SEC. 855. COMPLIANCE WITH REQUIREMENTS FOR SENIOR DEPARTMENT OF
DEFENSE OFFICIALS SEEKING EMPLOYMENT WITH
DEFENSE CONTRACTORS.
Section 847(b)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 243; 10 U.S.C. 1701
note) is amended by inserting after ``repository'' the following:
``maintained by the General Counsel of the Department''.
SEC. 856. ENHANCEMENT OF WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF
GRANTEES.
(a) Addition of Reference to Grantee.--Section 2409(a)(1) of title
10, United States Code, is amended by striking ``or subcontractor'' and
inserting ``, subcontractor, grantee, or subgrantee''.
(b) Conforming Amendments.--Section 2409(g) of such title is
amended--
(1) in paragraph (4), by striking ``or a grant''; and
(2) by adding at the end the following new paragraph:
``(7) The term `grantee' means a person awarded a grant with
an agency.''.
SEC. 857. PROHIBITION ON REIMBURSEMENT OF CONTRACTORS FOR
CONGRESSIONAL INVESTIGATIONS AND
INQUIRIES.
Section 2324(e)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(Q) Costs incurred by a contractor in connection with a
congressional investigation or inquiry into an issue that is the
subject matter of a proceeding resulting in a disposition as
described in subsection (k)(2).''.
SEC. 858. <<NOTE: 10 USC 2534 note.>> REQUIREMENT TO PROVIDE
PHOTOVOLTAIC DEVICES FROM UNITED STATES
SOURCES.
(a) Contract Requirement.--The Secretary of Defense shall ensure
that each covered contract includes a provision requiring that any
photovoltaic device installed under the contract be manufactured in the
United States substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States, unless the head
of the department or independent establishment concerned determines, on
a case-by-case basis, that the inclusion of such requirement is
inconsistent with the public interest or involves unreasonable costs,
subject to exceptions provided in the Trade Agreements Act of 1979 (19
U.S.C. 2501 et seq.) or otherwise provided by law.
(b) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means a
contract awarded by the Department of Defense that provides for
a photovoltaic device to be--
(A) installed inside the United States on Department
of Defense property or in a facility owned by the
Department of Defense; or
(B) reserved for the exclusive use of the Department
of Defense in the United States for the full economic
life of the device.
(2) Photovoltaic device.--The term ``photovoltaic device''
means a device that converts light directly into electricity
through a solid-state, semiconductor process.
[[Page 128 STAT. 3461]]
SEC. 859. REIMBURSEMENT OF DEPARTMENT OF DEFENSE FOR ASSISTANCE
PROVIDED TO NONGOVERNMENTAL ENTERTAINMENT-
ORIENTED MEDIA PRODUCERS.
(a) In General.--Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2264. <<NOTE: 10 USC 2264.>> Reimbursement for assistance
provided to nongovernmental entertainment-
oriented media producers
``(a) In General.--There shall be credited to the applicable
appropriations account or fund from which the expenses described in
subsection (b) were charged any amounts received by the Department of
Defense as reimbursement for such expenses.
``(b) Description of Expenses.--The expenses referred to in
subsection (a) are any expenses--
``(1) incurred by the Department of Defense as a result of
providing assistance to a nongovernmental entertainment-oriented
media producer;
``(2) for which the Department of Defense requires
reimbursement under section 9701 of title 31 or any other
provision of law; and
``(3) for which the Department of Defense received
reimbursement after the date of the enactment of the Carl Levin
and Howard P. `Buck' McKeon National Defense Authorization Act
for Fiscal Year 2015.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter <<NOTE: 10 USC prec. 2251.>> is amended by adding at
the end the following new item:
``2264. Reimbursement for assistance provided to nongovernmental
entertainment-oriented media producers.''.
SEC. 860. THREE-YEAR EXTENSION OF AUTHORITY FOR JOINT URGENT
OPERATIONAL NEEDS FUND.
Section 2216a(e) of title 10, United States Code, is amended by
striking ``September 30, 2015'' and inserting ``September 30, 2018''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of the Office of the Secretary of Defense and
Related Matters.
Sec. 902. Assistant Secretary of Defense for Manpower and Reserve
Affairs.
Sec. 903. Requirement for assessment of options to modify the number of
combatant commands.
Sec. 904. Office of Net Assessment.
Sec. 905. Periodic review of Department of Defense management
headquarters.
Subtitle B--Other Matters
Sec. 911. Modifications of biennial strategic workforce plan relating to
senior management, functional, and technical workforces of
the Department of Defense.
Sec. 912. Repeal of extension of Comptroller General report on
inventory.
Sec. 913. Extension of authority to waive reimbursement of costs of
activities for nongovernmental personnel at Department of
Defense regional centers for security studies.
[[Page 128 STAT. 3462]]
Sec. 914. Pilot program to establish Government lodging program.
Sec. 915. Single standard mileage reimbursement rate for privately owned
automobiles of Government employees and members of the
uniformed services.
Sec. 916. Modifications to requirements for accounting for members of
the Armed Forces and Department of Defense civilian employees
listed as missing.
Subtitle A--Department of Defense Management
SEC. 901. REORGANIZATION OF THE OFFICE OF THE SECRETARY OF DEFENSE
AND RELATED MATTERS.
(a) Conversion of Position of Deputy Chief Management Officer to
Position of Under Secretary of Defense for Business Management and
Information.--
(1) <<NOTE: 10 USC 132a note.>> In general.--Effective on
February 1, 2017, section 132a of title 10, United States Code,
is amended to read as follows:
``Sec. 132a. Under Secretary of Defense for Business Management
and Information
``(a) There is an Under Secretary of Defense for Business Management
and Information, appointed from civilian life by the President, by and
with the advice and consent of the Senate.
``(b) The Under Secretary also serves as--
``(1) the Performance Improvement Officer of the Department
of Defense; and
``(2) the Chief Information Officer of the Department of
Defense.
``(c) Subject to the authority, direction, and control of the
Secretary of Defense and the Deputy Secretary of Defense in the role of
the Deputy Secretary as the Chief Management Officer of the Department
of Defense, the Under Secretary of Defense for Business Management and
Information shall perform such duties and exercise such powers as the
Secretary of Defense may prescribe, including the following:
``(1) Assisting the Deputy Secretary of Defense in the
Deputy Secretary's role as the Chief Management Officer of the
Department of Defense under section 132(c) of this title.
``(2) Supervising the management of the business operations
of the Department of Defense and adjudicating issues and
conflicts in functional domain business policies.
``(3) Establishing business strategic planning and
performance management policies and measures and developing the
Department of Defense Strategic Management Plan.
``(4) Establishing business information technology portfolio
policies and overseeing investment management of that portfolio
for the Department of Defense.
``(5) Establishing end-to-end business process and policies
for establishing, eliminating, and implementing business
standards, and managing the Business Enterprise Architecture.
``(6) Supervising the business process reengineering of the
functional domains of the Department in order to support
investment planning and technology development decision making
for information technology systems.
``(d) The Under Secretary of Defense for Business Management and
Information takes precedence in the Department of Defense
[[Page 128 STAT. 3463]]
after the Secretary of Defense and the Deputy Secretary of Defense.''.
(2) <<NOTE: 10 USC 131 note.>> Placement in the office of
the secretary of defense.--Effective on the effective date
specified in paragraph (1), section 131(b)(2) of such title is
amended--
(A) by redesignating subparagraphs (A) through (E)
as subparagraphs (B) through (F), respectively; and
(B) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph (A):
``(A) The Under Secretary of Defense for Business
Management and Information.''.
(b) Chief Information Officer of the Department of Defense.--
(1) Statutory establishment of position.--Chapter 4 of title
10, United States Code, is amended by inserting after section
141 the following new section:
``Sec. 142. <<NOTE: 10 USC 142.>> Chief Information Officer
``(a) There is a Chief Information Officer of the Department of
Defense.
``(b)(1) The Chief Information Officer of the Department of
Defense--
``(A) is the Chief Information Officer of the Department of
Defense for the purposes of sections 3506(a)(2) and 3544(a)(3)
of title 44;
``(B) has the responsibilities and duties specified in
section 11315 of title 40;
``(C) has the responsibilities specified for the Chief
Information Officer in sections 2222, 2223(a), and 2224 of this
title; and
``(D) exercises authority, direction, and control over the
Information Assurance Directorate of the National Security
Agency.
``(2) The Chief Information Officer shall perform such additional
duties and exercise such powers as the Secretary of Defense may
prescribe.
``(c) The Chief Information Officer takes precedence in the
Department of Defense with the officials serving in positions specified
in section 131(b)(4) of this title. The officials serving in positions
specified in section 131(b)(4) and the Chief Information Officer of the
Department of Defense take precedence among themselves in the order
prescribed by the Secretary of Defense.''.
(2) Placement in the office of the secretary of defense.--
Section 131(b) of such title, as amended by subsection (a)(2),
is further amended--
(A) by redesignating paragraphs (5, (6), (7), and
(8) as paragraphs (6), (7), (8), and (9), respectively;
and
(B) by inserting after paragraph (4) the following
new paragraph (5):
``(5) The Chief Information Officer of the Department of
Defense.''.
(c) Repeal of Requirement for Defense Business System Management
Committee.--Section 186 of title 10, United States Code, is repealed.
(d) Assignment of Responsibility for Defense Business Systems.--
Section 2222 of title 10, United States Code, is amended--
[[Page 128 STAT. 3464]]
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3);
(2) in subsection (c)(1), by striking ``Defense Business
Systems Management Committee'' and inserting ``investment review
board established under subsection (g)''; and
(3) in subsection (g)--
(A) in paragraph (1), by striking ``, not later than
March 15, 2012,'';
(B) in paragraph (2)(C), by striking ``each'' the
first place it appears and inserting ``the''; and
(C) in paragraph (2)(F), by striking ``and the
Defense Business Systems Management Committee, as
required by section 186(c) of this title,''.
(e) <<NOTE: 10 USC 2222 note.>> Deadline for Establishment of
Investment Review Board and Investment Management Process.--The
investment review board and investment management process required by
section 2222(g) of title 10, United States Code, as amended by
subsection (d)(3), shall be established not later than March 15, 2015.
(f) Redesignation of Assistant Secretary of Defense for Operational
Energy Plans and Programs To Reflect Merger With Deputy Under Secretary
of Defense for Installations and Environment.--Paragraph (9) of section
138(b) of title 10, United States Code, is amended to read as follows:
``(9) One of the Assistant Secretaries is the Assistant Secretary of
Defense for Energy, Installations, and Environment. The Assistant
Secretary--
``(A) is the principal advisor to the Secretary of Defense
and the Under Secretary of Defense for Acquisition, Technology,
and Logistics on matters relating to energy, installations, and
environment; and
``(B) is the principal advisor to the Secretary of Defense
and the Deputy Secretary of Defense regarding operational energy
plans and programs.''.
(g) Clarification of Policy and Responsibilities of Assistant
Secretary of Defense for Energy, Installations, and Environment.--
(1) Transfer of policy provisions from section 138c.--
Chapter 173 of such title is amended--
(A) by adding at the end the following new section:
``Sec. 2926. <<NOTE: 10 USC 2926.>> Operational energy
activities'';
(B) by transferring paragraph (3) of section 138c(c)
of such title to section 2926, as added by subparagraph
(A), inserting such paragraph after the section heading,
and redesignating such paragraph as subsection (a);
(C) in subsection (a) (as so inserted and
redesignated)--
(i) by inserting ``Alternative Fuel
Activities.--'' before ``The Assistant
Secretary'';
(ii) by redesignating subparagraphs (A)
through (E) as paragraphs (1) through (5),
respectively; and
(iii) in paragraph (5) (as so redesignated),
by striking ``subsection (e)(4)'' and inserting
``subsection (c)(4)'';
[[Page 128 STAT. 3465]]
(D) by transferring subsections (d), (e), and (f) of
section 138c of such title to section 2926, as added by
subparagraph (A), inserting those subsections after
subsection (a) (as transferred and redesignated by
subparagraph (B)), and redesignating those subsections
as subsections (b), (c), and (d), respectively;
(E) in subsections (a), (b), (c), and (d) of section
2926 (as transferred and redesignated by subparagraphs
(B) and (D)), by inserting ``of Defense for
Installations, Energy, and Environment'' after
``Assistant Secretary'' the first place it appears in
each such subsection;
(F) in subsection (b) of section 2926 (as
transferred and redesignated by subparagraph (D)), by
striking ``provide guidance to, and consult with, the
Secretary of Defense, the Deputy Secretary of Defense,
the Secretaries of the military departments,'' and
inserting ``make recommendations to the Secretary of
Defense and Deputy Secretary of Defense and provide
guidance to the Secretaries of the military
departments''; and
(G) in subsection (c) of section 2926 (as
transferred and redesignated by subparagraph (D)), by
amending paragraphs (4), (5), and (6) to read as
follows:
``(4) Not later than 30 days after the date on which the budget for
a fiscal year is submitted to Congress pursuant to section 1105 of title
31, the Secretary of Defense shall submit to Congress a report on the
proposed budgets for that fiscal year that were reviewed by the
Assistant Secretary under paragraph (3).
``(5) For each proposed budget covered by a report under paragraph
(4) for which the certification of the Assistant Secretary under
paragraph (3) is that the budget is not adequate for implementation of
the strategy, the report shall include the following:
``(A) A copy of the report set forth in paragraph (3).
``(B) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation that
the Secretary considers appropriate, to address the inadequacy
of the proposed budget.
``(C) An appendix prepared by the Chairman of the Joint
Chiefs of Staff describing--
``(i) the progress made by the Joint Requirements
Oversight Council in implementing the energy Key
Performance Parameter; and
``(ii) details regarding how operational energy is
being addressed in defense planning, scenarios, support
to strategic analysis, and resulting policy to improve
combat capability.
``(D) An appendix prepared by the Under Secretary of Defense
for Acquisition, Technology, and Logistics certifying that and
describing how the acquisition system is addressing operational
energy in the procurement process, including long-term
sustainment considerations, and how programs are extending
combat capability as a result of these considerations.
``(E) A separate statement of estimated expenditures and
requested appropriations for that fiscal year for the activities
of the Assistant Secretary in carrying out the duties of the
Assistant Secretary.
[[Page 128 STAT. 3466]]
``(F) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.
``(6) For each proposed budget covered by a report under paragraph
(4) for which the certification of the Assistant Secretary under
paragraph (3) is that the budget is adequate for implementation of the
strategy, the report shall include the items set forth in subparagraphs
(C), (D), and (E) of paragraph (5).''.
(2) Repeal of superseded provision.--Sections 138c of such
title is repealed.
(h) Amendments Relating to Certain Prescribed Assistant Secretary of
Defense Positions.--Chapter 4 of title 10, United States Code, is
further amended as follows:
(1) Assistant secretary of defense for logistics and
materiel readiness.--Paragraph (7) of section 138(b) is
amended--
(A) in the first sentence, by inserting after
``Readiness'' the following: ``, who shall be appointed
from among persons with an extensive background in the
sustainment of major weapons systems and combat support
equipment'';
(B) by striking the second sentence;
(C) by transferring to the end of that paragraph (as
amended by subparagraph (B)) the text of subsection (b)
of section 138a;
(D) by transferring to the end of that paragraph (as
amended by subparagraph (C)) the text of subsection (c)
of section 138a; and
(E) by redesignating paragraphs (1) through (3) in
the text transferred by subparagraph (C) of this
paragraph as subparagraphs (A) through (C),
respectively.
(2) Assistant secretary of defense for research and
engineering.--Paragraph (8) of such section is amended--
(A) by striking the second sentence and inserting
the text of subsection (a) of section 138b;
(B) by inserting after the text added by
subparagraph (A) of this paragraph the following: ``The
Assistant Secretary, in consultation with the Deputy
Assistant Secretary of Defense for Developmental Test
and Evaluation, shall--'';
(C) by transferring paragraphs (1) and (2) of
subsection (b) of section 138b to the end of that
paragraph (as amended by subparagraphs (A) and (B)),
indenting those paragraphs 2 ems from the left margin,
and redesignating those paragraphs as subparagraphs (A)
and (B), respectively;
(D) in subparagraph (A) (as so transferred and
redesignated)--
(i) by striking ``The Assistant Secretary''
and all that follows through ``Test and
Evaluation, shall''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(E) in subparagraph (B) (as so transferred and
redesignated), by striking ``The Assistant Secretary''
and all that follows through ``Test and Evaluation,
shall''.
(3) Assistant secretary of defense for nuclear, chemical,
and biological defense programs.--Paragraph (10) of such section
is amended--
(A) by striking the second sentence and inserting
the text of subsection (b) of section 138d; and
[[Page 128 STAT. 3467]]
(B) by inserting after the text added by
subparagraph (A) of this paragraph the text of
subsection (a) of such section and in that text as so
inserted--
(i) by striking ``of Defense for Nuclear,
Chemical, and Biological Defense Programs''; and
(ii) by redesignating paragraphs (1) through
(3) as subparagraphs (A) through (C),
respectively.
(4) Repeal of separate sections.--Sections 138a, 138b, and
138d are repealed.
(i) Codification of Restrictions on Use of the Deputy Under
Secretary of Defense Title.--
(1) <<NOTE: 10 USC 137 note.>> Codification.--Effective on
January 1, 2015, section 137a(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) The officials authorized under this section shall be the only
Deputy Under Secretaries of Defense.''.
(2) <<NOTE: 10 USC 137 note.>> Conforming repeal.--
Effective on the effective date specified in paragraph (1),
section 906(a)(2) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2426; 10 U.S.C.
137a note) is repealed.
(j) Clarification of Orders of Precedence.--
(1) <<NOTE: 10 USC 131 note.>> Clarification relating to
chief information officer.--Effective on the effective date
specified in subsection (a)(1)--
(A) section 131(b) of title 10, United States Code,
is amended--
(i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6), (7),
(8), and (9) as paragraphs (5), (6), (7), and (8),
respectively; and
(B) section 142 of such title is amended by striking
subsection (c).
(2) <<NOTE: 10 USC 133 note.>> Clarification relating to
other positions.--Effective on the effective date specified in
subsection (a)(1)--
(A) section 133(e)(1) of title 10, United States
Code, is amended by striking ``and the Deputy Secretary
of Defense'' and inserting ``, the Deputy Secretary of
Defense, and the Under Secretary of Defense for Business
Management and Information'';
(B) section 134(c) of such title is amended by
inserting ``the Under Secretary of Defense for Business
Management and Information,'' after ``the Deputy
Secretary of Defense,'';
(C) section 137a(d) of such title is amended in the
first sentence by striking all that follows after ``the
military departments,'' and inserting ``and the Under
Secretaries of Defense.''; and
(D) section 138(d) of such title is amended by
striking ``the Deputy Chief Management Officer of the
Department of Defense,''.
(k) Technical and Conforming Amendments.--Title 10, United States
Code, is further amended as follows:
(1) In paragraph (8) of section 131(b) (as redesignated by
subsection (b)(2))--
(A) by redesignating subparagraphs (A) through (H)
as subparagraphs (B) through (I), respectively; and
[[Page 128 STAT. 3468]]
(B) by inserting before subparagraph (B), as
redesignated by subparagraph (A) of this paragraph, the
following new subparagraph (A):
``(A) The two Deputy Directors within the Office of
the Director of Cost Assessment and Program Evaluation
under section 139a(c) of this title.''.
(2) In section 132(b), by striking ``is disabled or there is
no Secretary of Defense'' and inserting ``dies, resigns, or is
otherwise unable to perform the functions and duties of the
office''.
(3) In section 137a(b), by striking ``is absent or
disabled'' and inserting ``dies, resigns, or is otherwise unable
to perform the functions and duties of the office''.
(3) <<NOTE: 10 USC 2222 note.>> Effective on the effective
date specified in subsection (a)(1), in section 2222--
(A) by striking ``the Deputy Chief Management
Officer of the Department of Defense'' each place it
appears in subsections (c)(2)(E), (f)(1)(D), (f)(1)(E),
(f)(2)(E), and (g)(1) and inserting ``the Under
Secretary of Defense for Business Management and
Information''; and
(B) in subsection (g)(3)(A)--
(i) by striking ``Deputy Chief Management
Officer'' the first place it appears and inserting
``Under Secretary of Defense for Business
Management and Information''; and
(ii) by striking ``Deputy Chief Management
Officer'' the second, third, and forth places it
appears and inserting ``Under Secretary''.
(4) In section 2925(b), by striking ``Operational Energy
Plans and Programs'' and inserting ``Energy, Installations, and
Environment''.
(l) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 4 of
title 10, United States Code, <<NOTE: 10 USC prec. 131. 10
USC prec. 131 note.>> is amended--
(A) effective on the effective date specified in
subsection (a)(1), by amending the item relating to
section 132a to read as follows:
``132a. Under Secretary of Defense for Business Management and
Information.'';
(B) by striking the items relating to sections 138a,
138b, 138c, and 138d; and
(C) by inserting after the item relating to section
141 the following new item:
``142. Chief Information Officer.''.
(2) The table of sections at the beginning of chapter 7 of
such title <<NOTE: 10 USC prec. 171.>> is amended by striking
the item relating to section 186.
(3) The table of sections at the beginning of subchapter III
of chapter 173 of such title <<NOTE: 10 USC prec. 2924.>> is
amended by adding at the end the following new item:
``2926. Operational energy activities.''.
(m) Executive Schedule Matters.--
(1) <<NOTE: 10 USC 5313 note.>> Executive schedule level
ii.--Effective on the effective date specified in subsection
(a)(1), section 5313 of title 5, United States Code, is amended
by inserting above the
[[Page 128 STAT. 3469]]
item relating to the Under Secretary of Defense for Acquisition,
Technology, and Logistics the following:
``Under Secretary of Defense for Business Management and
Information.''.
(2) <<NOTE: 10 USC 5314 note.>> Executive schedule level
iii.--Effective on the effective date specified in subsection
(a)(1), section 5314 of title 5, United States Code, is amended
by striking ``Deputy Chief Management Officer of the Department
of Defense.''.
(3) Conforming amendment to prior reduction in number of
assistant secretaries of defense.--Section 5315 of such title is
amended by striking ``Assistant Secretaries of Defense (16)''
and inserting ``Assistant Secretaries of Defense (14)''.
(n) <<NOTE: 10 USC 131 note.>> References.--
(1) DCMO.--After February 1, 2017, any reference to the
Deputy Chief Management Officer of the Department of Defense in
any provision of law or in any rule, regulation, or other
record, document, or paper of the United States shall be deemed
to refer to the Under Secretary of Defense for Business
Management and Information.
(2) ASDEIE.--Any reference to the Assistant Secretary of
Defense for Operational Energy Plans and Programs or to the
Deputy Under Secretary of Defense for Installations and
Environment in any provision of law or in any rule, regulation,
or other paper of the United States shall be deemed to refer to
the Assistant Secretary of Defense for Energy, Installations,
and Environment.
SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR MANPOWER AND RESERVE
AFFAIRS.
(a) Single Assistant Secretary of Defense for Manpower and Reserve
Affairs.--
(1) <<NOTE: 10 USC 138 note.>> Redesignation of position.--
The position of Assistant Secretary of Defense for Reserve
Affairs is hereby redesignated as the Assistant Secretary of
Defense for Manpower and Reserve Affairs. The individual serving
in that position on the day before the date of the enactment of
this Act may continue in office after that date without further
appointment.
(2) Statutory duties.--Paragraph (2) of section 138(b) of
title 10, United States Code, is amended to read as follows:
``(2) One of the Assistant Secretaries is the Assistant Secretary of
Defense for Manpower and Reserve Affairs. In addition to any duties and
powers prescribed under paragraph (1), the Assistant Secretary of
Defense for Manpower and Reserve Affairs shall have as the principal
duty of such Assistant Secretary the overall supervision of manpower and
reserve affairs of the Department of Defense.''.
(b) Conforming Amendments.--
(1) Cross reference in subtitle e.--Section 10201 of such
title is amended to read as follows:
``Sec. 10201. Assistant Secretary of Defense for Manpower and
Reserve Affairs
``As provided in section 138(b)(2) of this title, the official in
the Department of Defense with responsibility for overall supervision of
reserve affairs of the Department of Defense is the Assistant Secretary
of Defense for Manpower and Reserve Affairs.''.
[[Page 128 STAT. 3470]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1007 of such title <<NOTE: 10 USC prec.
10201.>> is amended by striking the item relating to section
10201 and inserting the following new item:
``10201. Assistant Secretary of Defense for Manpower and Reserve
Affairs.''.
SEC. 903. REQUIREMENT FOR ASSESSMENT OF OPTIONS TO MODIFY THE
NUMBER OF COMBATANT COMMANDS.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of the feasibility, advisability, and recommendations, if
any, for reducing or increasing the number or consolidating the common
staff functions and infrastructure of the combatant commands by the end
of fiscal year 2020.
(b) Matters Covered.--The assessment required by subsection (a)
shall include the following:
(1) An analysis of alternative versions of the Unified
Command Plan for distribution and assignment of the following:
(A) Command responsibility and authority.
(B) Span of control.
(C) Headquarters structure and organization.
(D) Staff functions, capabilities, and capacities.
(2) A detailed analysis of each alternative that reduces or
increases the number or consolidates the common staff functions
of the combatant commands in terms of assigned personnel,
resources, and infrastructure, set forth separately by fiscal
year, by the end of fiscal year 2020.
(3) A description of the changes to the Unified Command Plan
necessary to implement such reductions, increases, or
consolidations.
(4) An assessment of the feasibility, advisability, risks,
and estimated costs associated with such reductions, increases,
or consolidations.
(5) An assessment of efficiencies, potential savings from
such efficiencies, and operational risk, if any, that could be
realized by--
(A) combining or otherwise sharing common staff or
support functions between two or more combatant command
headquarters;
(B) establishing a new organization to manage the
combined staff or support functions of two or more
combatant command headquarters; or
(C) any other efficiency initiatives or arrangements
that the Secretary considers appropriate.
(c) Use of Previous Studies and Outside Experts.--In conducting the
assessment required by subsection (a), the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff may--
(1) use and incorporate previous plans or studies of the
Department of Defense; and
(2) consult with and incorporate views of defense experts
from outside the Department.
(d) Report.--
(1) Requirement.--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 containing the
findings and recommendations of the assessment required by
subsection (a). The report shall include the views of the
Chairman of the Joint Chiefs of Staff.
[[Page 128 STAT. 3471]]
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
SEC. 904. <<NOTE: 10 USC 113 note.>> OFFICE OF NET ASSESSMENT.
(a) Independent Office Required.--The Secretary of Defense shall
establish and maintain an independent organization within the Department
of Defense to develop and coordinate net assessments of the standing,
trends, and future prospects of the military capabilities and potential
of the United States in comparison with the military capabilities and
potential of other countries or groups of countries, so as to identify
emerging or future threats or opportunities for the United States.
(b) Direct Report to the Secretary of Defense.--The head of the
office established and maintained pursuant to subsection (a) shall
report directly to the Secretary of Defense without intervening
authority and may communicate views on matters within the responsibility
of the office directly to the Secretary without obtaining the approval
or concurrence of any other official within the Department of Defense.
SEC. 905. PERIODIC REVIEW OF DEPARTMENT OF DEFENSE MANAGEMENT
HEADQUARTERS.
(a) Plan Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a plan for
implementing a periodic review and analysis of the Department of Defense
personnel requirements for management headquarters.
(b) Elements of Plan.--The plan required by subsection (a) shall
include the following for each covered organization:
(1) A description of how current management headquarters are
sized and structured to execute Department of Defense assigned
mission requirements, including a list of the reference
documents and instructions that explain the mission requirements
of the management headquarters and how the management
headquarters are sized and structured.
(2) A description of the critical capabilities and skillsets
required by management headquarters to execute Department of
Defense strategic guidance in order to fulfill mission
objectives.
(3) An identification and analysis of the factors that
directly or indirectly influence or contribute to the expense of
Department of Defense management headquarters.
(4) An assessment of the effectiveness of current systems in
use to track how military, civilian, and contract personnel are
identified, managed, and tracked at the management headquarters.
(5) A description of the proposed timeline, required
resources necessary, and Department of Defense documents,
instructions, and regulations that need to be updated in order
to implement a permanent periodic review and analysis of
Department of Defense personnel requirements for management
headquarters.
(c) Covered Organization Defined.--In this section, the term
``covered organization'' includes each of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Staff.
(3) The Defense Agencies.
(4) The Department of Defense field activities.
[[Page 128 STAT. 3472]]
(5) The headquarters of the combatant commands.
(6) Headquarters, Department of the Army, including the
Secretary of the Army, the Office of the Chief of Staff of the
Army, and the Army Staff.
(7) The major command headquarters of the Army.
(8) The Office of the Secretary of the Navy, the Office of
the Chief of Naval Operations, and the Headquarters, United
States Marine Corps.
(9) The major command headquarters of the Navy and the
Marine Corps.
(10) Headquarters, Department of the Air Force, including
the Office of the Secretary of the Air Force, the Office of the
Air Force Chief of Staff, and the Air Staff.
(11) The major command headquarters of the Air Force.
(12) The National Guard Bureau.
(d) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees the plan required by subsection (a).
(e) Amendments.--Section 904(d)(2) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
816; 10 U.S.C. 111 note) is amended--
(1) by striking ``2016'' and inserting ``2017'';
(2) in subparagraph (B), by inserting ``, consolidations,''
after ``through changes'';
(3) in subparagraph (C)--
(A) by inserting ``, consolidations,'' after
``through changes''; and
(B) by inserting ``, or other associated cost
drivers, including a discussion of how the changes,
consolidations, or reductions were prioritized,'' after
``programs and offices'';
(4) in subparagraph (E), by inserting ``, including the
risks of, and capabilities gained or lost by implementing, such
modifications'' before the period; and
(5) by adding at the end the following new subparagraphs:
``(F) A description of how the plan supports or
affects current Department of Defense strategic
guidance, policy, and mission requirements, including
the quadrennial defense review, the Unified Command
Plan, and the strategic choices and management review.
``(G) A description of the associated costs
specifically addressed by the savings.''.
Subtitle B--Other Matters
SEC. 911. MODIFICATIONS OF BIENNIAL STRATEGIC WORKFORCE PLAN
RELATING TO SENIOR MANAGEMENT, FUNCTIONAL,
AND TECHNICAL WORKFORCES OF THE DEPARTMENT
OF DEFENSE.
(a) Senior Management Workforce.--Subsection (c) of section 115b of
title 10, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) Each strategic workforce plan under subsection (a) shall--
[[Page 128 STAT. 3473]]
``(A) specifically address the shaping and improvement of
the senior management workforce of the Department of Defense;
and
``(B) include an assessment of the senior functional and
technical workforce of the Department of Defense within the
appropriate functional community.''; and
(2) in paragraph (2), by striking ``such senior management,
functional, and technical workforce'' and inserting ``such
senior management workforce and such senior functional and
technical workforce''.
(b) Highly Qualified Experts.--Such section is further amended--
(1) in subsection (b)(2), by striking ``subsection (f)(1)''
in subparagraphs (D) and (E) and inserting ``subsection (h)(1)
or (h)(2)'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Highly Qualified Experts.--(1) Each strategic workforce plan
under subsection (a) shall include an assessment of the workforce of the
Department of Defense comprising highly qualified experts appointed
pursuant to section 9903 of title 5 (in this subsection referred to as
the `HQE workforce').
``(2) For purposes of paragraph (1), each plan shall include, with
respect to the HQE workforce--
``(A) an assessment of the critical skills and competencies
of the existing HQE workforce and projected trends in that
workforce based on expected losses due to retirement and other
attrition;
``(B) specific strategies for attracting, compensating, and
motivating the HQE workforce of the Department, including the
program objectives of the Department to be achieved through such
strategies and the funding needed to implement such strategies;
``(C) any incentives necessary to attract or retain HQE
personnel;
``(D) any changes that may be necessary in resources or in
the rates or methods of pay needed to ensure the Department has
full access to appropriately qualified personnel; and
``(E) any legislative actions that may be necessary to
achieve HQE workforce goals.''.
(c) Definitions.--Subsection (h) of such section (as redesignated by
subsection (b)(2)) is amended to read as follows:
``(h) Definitions.--In this section:
``(1) The term `senior management workforce of the
Department of Defense' includes the following categories of
Department of Defense civilian personnel:
``(A) Appointees in the Senior Executive Service
under section 3131 of title 5.
``(B) Persons serving in the Defense Intelligence
Senior Executive Service under section 1606 of this
title.
``(2) The term `senior functional and technical workforce of
the Department of Defense' includes the following categories of
Department of Defense civilian personnel:
``(A) Persons serving in positions described in
section 5376(a) of title 5.
[[Page 128 STAT. 3474]]
``(B) Scientists and engineers appointed pursuant to
section 342(b) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721), as amended by section 1114 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-315)).
``(C) Scientists and engineers appointed pursuant to
section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note).
``(D) Persons serving in Intelligence Senior Level
positions under section 1607 of this title.
``(3) The term `acquisition workforce' includes individuals
designated under section 1721 of this title as filling
acquisition positions.''.
(d) Conforming Amendment.--The heading of subsection (c) of such
section is amended to read as follows: ``Senior Management Workforce;
Senior Functional and Technical Workforce.--''.
(e) Formatting of Annual Report.--Subsections (d)(1) and (e)(1) of
such section are each amended by striking ``include a separate chapter
to''.
SEC. 912. REPEAL OF EXTENSION OF COMPTROLLER GENERAL REPORT ON
INVENTORY.
Section 803(c) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2402), as amended by section
951(b) of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 839), is amended by striking ``2013, 2014,
and 2015'' and inserting ``and 2013''.
SEC. 913. EXTENSION OF AUTHORITY TO WAIVE REIMBURSEMENT OF COSTS
OF ACTIVITIES FOR NONGOVERNMENTAL
PERSONNEL AT DEPARTMENT OF DEFENSE
REGIONAL CENTERS FOR SECURITY STUDIES.
Section 941(b)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. 184 note) is amended
by striking ``through 2014'' and inserting ``through 2019''.
SEC. 914. <<NOTE: 5 USC 5911 note.>> PILOT PROGRAM TO ESTABLISH
GOVERNMENT LODGING PROGRAM.
(a) Authority.--Notwithstanding the provisions of section 5911 of
title 5, United States Code, the Secretary of Defense may, for the
period of time described in subsection (b), establish and carry out a
Government lodging program to provide Government or commercial lodging
for employees of the Department of Defense or members of the uniformed
services under the Secretary's jurisdiction performing duty on official
travel, and may require such travelers to occupy adequate quarters on a
rental basis when available.
(b) Program Duration.--The authority to establish and execute a
Government lodging program under this section expires on December 31,
2019.
(c) Limitation.--A Government lodging program developed under the
authority in subsection (a), and a requirement under subsection (a) with
respect to an employee of the Department of Defense, may not be
construed to be subject to a duty to negotiate under chapter 71 of title
5, United States Code.
(d) Reports.--
[[Page 128 STAT. 3475]]
(1) Initial report.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate committees of Congress a report
on the exercise of authority provided by subsection (a). The
report shall include a detailed description of the facets of the
Government lodging program, a description of how the program
will increase travel efficiencies within the Department, a
description of how the program will increase the safety of
authorized travelers of the Department of Defense, and an
estimate of the savings expected to be achieved by the program.
(2) Annual reports.--Each year, the Secretary shall include
with the materials submitted to Congress by the Secretary in
support of the budget submitted by the President under section
1105(a) of title 31, United States Code, a report that provides
actual savings achieved (or costs incurred) under the Government
lodging program to date and a description of estimated savings
for the fiscal year budget being submitted, any changes to
program rules made since the prior report, and an overall
assessment to date of the program's effectiveness in increasing
efficiency of travel and safety of Department employees.
(3) Final report.--With the budget materials submitted to
Congress by the Secretary in support of the budget submitted by
the President for fiscal year 2019, the Secretary shall include
a final report providing the Secretary's overall assessment of
the effectiveness of the Government lodging program established
under subsection (a), including a statement of savings achieved
(or costs incurred) as of that date, and a recommendation for
whether the program shall be made permanent. The Secretary may,
in consultation with the heads of other Federal agencies, make a
recommendation on whether the program should be expanded and
made permanent with respect to those other Federal agencies.
(4) 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.
SEC. 915. SINGLE STANDARD MILEAGE REIMBURSEMENT RATE FOR PRIVATELY
OWNED AUTOMOBILES OF GOVERNMENT EMPLOYEES
AND MEMBERS OF THE UNIFORMED SERVICES.
(a) In General.--Section 5704(a)(1) of title 5, United States Code,
is amended in the last sentence by striking all that follows ``the rate
per mile'' and inserting ``shall be the single standard mileage rate
established by the Internal Revenue Service.''.
(b) Regulations and Reports.--
(1) Provisions relating to privately owned airplanes and
motorcycles.--Paragraph (1)(A) of section 5707(b) of title 5,
United States Code, is amended to read as follows:
``(1)(A) The Administrator of General Services shall conduct
periodic investigations of the cost of travel and the operation
[[Page 128 STAT. 3476]]
of privately owned airplanes and privately owned motorcycles by
employees while engaged on official business, and shall report
the results of such investigations to Congress at least once a
year.''.
(2) Provisions relating to privately owned automobiles.--
Clause (i) of section 5707(b)(2)(A) of title 5, United States
Code, is amended to read as follows:
``(i) shall provide that the mileage reimbursement
rate for privately owned automobiles, as provided in
section 5704(a)(1), is the single standard mileage rate
established by the Internal Revenue Service referred to
in that section, and''.
SEC. 916. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR MEMBERS
OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES LISTED AS
MISSING.
(a) Designation of Agency and Director.--Subsection (a) of section
1501 of title 10, United States Code, is amended to read as follows:
``(a) Responsibility for Missing Persons.--(1)(A) The Secretary of
Defense shall designate a single organization within the Department of
Defense to have responsibility for Department matters relating to
missing persons, including accounting for missing persons and persons
whose remains have not been recovered from the conflict in which they
were lost.
``(B) The organization designated under this paragraph shall be a
Defense Agency or other entity of the Department of Defense outside the
military departments and is referred to in this chapter as the
`designated Defense Agency'.
``(C) The head of the organization designated under this paragraph
is referred to in this chapter as the `designated Agency Director'.
``(2) Subject to the authority, direction, and control of the
Secretary of Defense, the responsibilities of the designated Agency
Director shall include the following:
``(A) Policy, control, and oversight within the Department
of Defense of the entire process for investigation and recovery
related to missing persons, including matters related to search,
rescue, escape, and evasion.
``(B) Policy, control, and oversight of the program
established under section 1509 of this title.
``(C) Responsibility for accounting for missing persons,
including locating, recovering, and identifying missing persons
or their remains after hostilities have ceased.
``(D) Coordination for the Department of Defense with other
departments and agencies of the United States on all matters
concerning missing persons.
``(E) Dissemination of appropriate information on the status
of missing persons to authorized family members.
``(F) Establishment of a means for communication between
officials of the designated Defense Agency and family members of
missing persons, veterans service organizations, concerned
citizens, and the public on the Department's efforts to account
for missing persons, including a readily available means for
communication of their views and recommendations to the
designated Agency Director.
[[Page 128 STAT. 3477]]
``(3) In carrying out the responsibilities established under this
subsection, the designated Agency Director shall be responsible for the
coordination for such purposes within the Department of Defense among
the military departments, the Joint Staff, and the commanders of the
combatant commands.
``(4) The designated Agency Director shall establish policies, which
shall apply uniformly throughout the Department of Defense, for
personnel recovery (including search, rescue, escape, and evasion) and
for personnel accounting (including locating, recovering, and
identifying missing persons or their remains after hostilities have
ceased).
``(5) The designated Agency Director shall establish procedures to
be followed by Department of Defense boards of inquiry, and by officials
reviewing the reports of such boards, under this chapter.''.
(b) Public-private Partnerships and Other Forms of Support.--Chapter
76 of such title is amended by inserting after section 1501 the
following new section:
``Sec. 1501a. <<NOTE: 10 USC 1501a.>> Public-private
partnerships; other forms of support
``(a) Public-private Partnerships.--The Secretary of Defense may
enter into arrangements known as public-private partnerships with
appropriate entities outside the Government for the purposes of
facilitating the activities of the designated Defense Agency. The
Secretary may only partner with foreign governments or foreign entities
with the concurrence of the Secretary of State. Any such arrangement
shall be entered into in accordance with authorities provided under this
section or any other authority otherwise available to the Secretary.
Regulations prescribed under subsection (e)(1) shall include provisions
for the establishment and implementation of such partnerships.
``(b) Acceptance of Voluntary Personal Services.--The Secretary of
Defense may accept voluntary services to facilitate accounting for
missing persons in the same manner as the Secretary of a military
department may accept such services under section 1588(a)(9) of this
title.
``(c) Cooperative Agreements and Grants.--
``(1) In general.--The Secretary of Defense may enter into a
cooperative agreement with, or make a grant to, a private entity
for purposes related to support of the activities of the
designated Defense Agency.
``(2) Inapplicability of certain contract requirements.--
Notwithstanding section 2304(k) of this title, the Secretary may
enter such cooperative agreements or grants on a sole-source
basis pursuant to section 2304(c)(5) of this title.
``(d) Use of Department of Defense Personal Property.--The Secretary
may allow a private entity to use, at no cost, personal property of the
Department of Defense to assist the entity in supporting the activities
of the designated Defense Agency.
``(e) Regulations.--
``(1) In general.--The Secretary of Defense shall prescribe
regulations to implement this section.
``(2) Limitation.--Such regulations shall provide that
acceptance of a gift (including a gift of services) or use of a
gift under this section may not occur if the nature or
circumstances of the acceptance or use would compromise the
integrity, or the appearance of integrity, of any program of
[[Page 128 STAT. 3478]]
the Department of Defense or any individual involved in such
program.
``(f) Definitions.--In this section:
``(1) Cooperative agreement.--The term `cooperative
agreement' means an authorized cooperative agreement as
described in section 6305 of title 31.
``(2) Grant.--The term `grant' means an authorized grant as
described in section 6304 of title 31.''.
(c) Section 1505 Conforming Amendments.--Section 1505(c) of such
title is amended--
(1) in paragraph (1), by striking ``the office established
under section 1501 of this title'' and inserting ``the
designated Agency Director''; and
(2) in paragraphs (2) and (3), by striking ``head of the
office established under section 1501 of this title'' and
inserting ``designated Agency Director''.
(d) Section 1509 Amendments.--Section 1509 of such title is
amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Process'';
(B) in paragraph (1), by striking ``POW/MIA
accounting community'' and inserting ``through the
designated Agency Director'';
(C) by striking paragraph (2) and inserting the
following new paragraph (2):
``(2)(A) The Secretary shall assign or detail to the designated
Defense Agency on a full-time basis a senior medical examiner from the
personnel of the Armed Forces Medical Examiner System. The primary
duties of the medical examiner so assigned or detailed shall include the
identification of remains in support of the function of the designated
Agency Director to account for unaccounted for persons covered by
subsection (a).
``(B) In carrying out functions under this chapter, the medical
examiner so assigned or detailed shall report to the designated Agency
Director.
``(C) The medical examiner so assigned or detailed shall--
``(i) exercise scientific identification authority;
``(ii) establish identification and laboratory policy
consistent with the Armed Forces Medical Examiner System; and
``(iii) advise the designated Agency Director on forensic
science disciplines.
``(D) Nothing in this chapter shall be interpreted as affecting the
authority of the Armed Forces Medical Examiner under section 1471 of
this title.'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``;
Centralized Database'' after ``Files''; and
(B) by adding at the end the following new
paragraph:
``(4) The Secretary of Defense shall establish and maintain a single
centralized database and case management system containing information
on all missing persons for whom a file has been established under this
subsection. The database and case management system shall be accessible
to all elements of the Department of Defense involved in the search,
recovery, identification, and communications phases of the program
established by this section.''; and
(3) in subsection (f)--
[[Page 128 STAT. 3479]]
(A) in paragraph (1)--
(i) by striking ``establishing and''; and
(ii) by striking ``Secretary of Defense shall
coordinate'' and inserting ``designated Agency
Director shall ensure coordination'';
(B) in paragraph (2)--
(i) by inserting ``staff'' after ``National
Security Council''; and
(ii) by striking ``POW/MIA accounting
community''; and
(C) by adding at the end the following new
paragraph:
``(3) In carrying out the program, the designated Agency Director
shall coordinate all external communications and events associated with
the program.''.
(e) Report on POW/MIA Policies.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on policies and proposals for
providing access to information and documents to the next of kin
of missing service personnel, including under chapter 76 of
title 10, United States Code, as amended by this section.
(2) Elements of report.--The report required by paragraph
(1) shall include the following elements:
(A) A description of information and documents to be
provided to the next of kin, including the status of
recovery efforts and service records.
(B) A description of the Department's plans, if any,
to review the classification status of records related
to past covered conflicts and missing service personnel.
(C) An assessment of whether it is feasible and
advisable to develop a public interface for any database
of missing personnel being developed.
(f) Clerical Amendments.--
(1) Section heading.--The heading of section 1509 of such
title is amended to read as follows:
``Sec. 1509. Program to resolve missing person cases''.
(2) Table of sections.--The table of sections at the
beginning of chapter 76 of such title <<NOTE: 10 USC prec.
1501.>> is amended--
(A) by inserting after the item relating to section
1501 the following new item:
``1501a. Public-private partnerships; other forms of support.''; and
(B) by striking the item relating to section 1509
and inserting the following new item:
``1509. Program to resolve missing person cases.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization and
naval reactors.
Sec. 1003. Reporting of balances carried forward by the Department of
Defense at the end of each fiscal year.
[[Page 128 STAT. 3480]]
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Extension and modification of authority of Department of
Defense to provide support for counterdrug activities of
other governmental agencies.
Sec. 1013. Availability of funds for additional support for counterdrug
activities of certain foreign governments.
Sec. 1014. Extension and modification of authority for joint task forces
supporting law enforcement agencies conducting activities to
counter transnational organized crime to support law
enforcement agencies conducting counter-terrorism activities.
Sec. 1015. Sense of Congress regarding security in the Western
Hemisphere.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Definition of combatant and support vessel for purposes of
the annual plan and certification relating to budgeting for
construction of naval vessels.
Sec. 1022. National Sea-Based Deterrence Fund.
Sec. 1023. Limitation on use of funds for inactivation of U.S.S. George
Washington.
Sec. 1024. Sense of Congress recognizing the anniversary of the sinking
of U.S.S. Thresher.
Sec. 1025. Pilot program for sustainment of Littoral Combat Ships on
extended deployments.
Sec. 1026. Availability of funds for retirement or inactivation of
Ticonderoga class cruisers or dock landing ships.
Subtitle D--Counterterrorism
Sec. 1031. Extension of authority to make rewards for combating
terrorism.
Sec. 1032. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Modification of Department of Defense authority for
humanitarian demining assistance and stockpiled conventional
munitions assistance programs.
Sec. 1042. Airlift service.
Sec. 1043. Authority to accept certain voluntary legal support services.
Sec. 1044. Expansion of authority for Secretary of Defense to use the
Department of Defense reimbursement rate for transportation
services provided to certain non-Department of Defense
entities.
Sec. 1045. Repeal of authority relating to use of military installations
by Civil Reserve Air Fleet contractors.
Sec. 1046. Inclusion of Chief of the National Guard Bureau among
leadership of the Department of Defense provided physical
protection and personal security.
Sec. 1047. Inclusion of regional organizations in authority for
assignment of civilian employees of the Department of Defense
as advisors to foreign ministries of defense.
Sec. 1048. Report and limitation on availability of funds for aviation
foreign internal defense program.
Sec. 1049. Modifications to OH-58D Kiowa Warrior aircraft.
Subtitle F--Studies and Reports
Sec. 1051. Protection of top-tier defense-critical infrastructure from
electromagnetic pulse.
Sec. 1052. Response of the Department of Defense to compromises of
classified information.
Sec. 1053. Study on joint analytic capability of the Department of
Defense.
Sec. 1054. Business case analysis of the creation of an active duty
association for the 168th Air Refueling Wing.
Sec. 1055. Reports on recommendations of the National Commission on the
Structure of the Air Force.
Sec. 1056. Report on protection of military installations.
Sec. 1057. Comptroller General briefing and report on Army and Army
National Guard force structure changes.
Sec. 1058. Improving analytic support to systems acquisition and
allocation of acquisition, intelligence, surveillance and
reconnaissance assets.
[[Page 128 STAT. 3481]]
Sec. 1059. Review of United States military strategy and the force
posture of allies and partners in the United States Pacific
Command area of responsibility.
Sec. 1060. Repeal of certain reporting requirements relating to the
Department of Defense.
Sec. 1061. Repeal of requirement for Comptroller General of the United
States annual reviews and report on pilot program on
commercial fee-for-service air refueling support for the Air
Force.
Sec. 1062. Report on additional matters in connection with report on the
force structure of the United States Army.
Sec. 1063. Certification for realignment of forces at Lajes Air Force
Base, Azores.
Subtitle G--Other Matters
Sec. 1071. Technical and clerical amendments.
Sec. 1072. Reform of quadrennial defense review.
Sec. 1073. Biennial surveys of Department of Defense civilian employees
on workplace and gender relations matters.
Sec. 1074. Revision to statute of limitations for aviation insurance
claims.
Sec. 1075. Pilot program for the Human Terrain System.
Sec. 1076. Clarification of policies on management of special use
airspace of Department of Defense.
Sec. 1077. Department of Defense policies on community involvement in
Department community outreach events.
Sec. 1078. Notification of foreign threats to information technology
systems impacting national security.
Sec. 1079. Pilot program to rehabilitate and modify homes of disabled
and low-income veterans.
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 2015 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).
[[Page 128 STAT. 3482]]
SEC. 1002. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION TO SUSTAIN
NUCLEAR WEAPONS MODERNIZATION AND NAVAL
REACTORS.
(a) Transfer Authorized.--If the amount authorized to be
appropriated for the weapons activities of the National Nuclear Security
Administration under section 3101 or otherwise made available for fiscal
year 2015 is less than $8,700,000,000 (the amount projected to be
required for such activities in fiscal year 2015 as specified in the
report under section 1251 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549)), the Secretary of
Defense may transfer, from amounts authorized to be appropriated for the
Department of Defense for fiscal year 2015 pursuant to this Act, to the
Secretary of Energy an amount, not to exceed $150,000,000, to be
available only for naval reactors or weapons activities of the National
Nuclear Security Administration.
(b) Notice to Congress.--In the event of a transfer under subsection
(a), the Secretary of Defense shall promptly notify Congress of the
transfer, and shall include in such notice the Department of Defense
account or accounts from which funds are transferred.
(c) Transfer Mechanism.--Any funds transferred under this section
shall be transferred in accordance with established procedures for
reprogramming under section 1001 or successor provisions of law.
(d) Construction of Authority.--The transfer authority provided
under subsection (a) is in addition to any other transfer authority
provided under this Act.
SEC. 1003. <<NOTE: 10 USC 221 note.>> REPORTING OF BALANCES
CARRIED FORWARD BY THE DEPARTMENT OF
DEFENSE AT THE END OF EACH FISCAL YEAR.
Not later March 1 of each year, the Secretary of Defense shall
submit to the congressional defense committees, and make publicly
available on the Internet website of the Department of Defense, the
following information:
(1) The total dollar amount, by account, of all balances
carried forward by the Department of Defense at the end of the
fiscal year preceding the fiscal year during which such
information is submitted.
(2) The total dollar amount, by account, of all unobligated
balances carried forward by the Department of Defense at the end
of the fiscal year preceding the fiscal year during which such
information is submitted.
(3) The total dollar amount, by account, of any balances
(both obligated and unobligated) that have been carried forward
by the Department of Defense for five years or more as of the
end of the fiscal year preceding the fiscal year during which
such information is submitted.
[[Page 128 STAT. 3483]]
Subtitle B--Counter-Drug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG
AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
(a) Extension.--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 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 126
Stat. 843), is amended--
(1) in subsection (a), by striking ``2014'' and inserting
``2016''; and
(2) in subsection (c), by striking ``2014'' and inserting
``2016''.
(b) Notice to Congress on Assistance.--Not later than 15 days before
providing assistance under section 1021 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (as amended by subsection
(a)) using funds available for fiscal year 2015, the Secretary of
Defense shall submit to the congressional defense committees a notice
setting forth the assistance to be provided, including the types of such
assistance, the budget for such assistance, and the anticipated
completion date and duration of the provision of such assistance.
SEC. 1012. EXTENSION AND MODIFICATION OF AUTHORITY OF DEPARTMENT
OF DEFENSE TO PROVIDE SUPPORT FOR
COUNTERDRUG ACTIVITIES OF OTHER
GOVERNMENTAL AGENCIES.
(a) Extension.--Subsection (a) of section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10
U.S.C. 374 note) is amended by striking ``2014'' and inserting ``2017''.
(b) Expansion of Authority To Include Activities To Counter
Transnational Organized Crime.--Such section is further amended--
(1) by inserting ``or activities to counter transnational
organized crime'' after ``counter-drug activities'' each place
it appears;
(2) in subsection (a)(3), by inserting ``or responsibilities
for countering transnational organized crime'' after ``counter-
drug responsibilities''; and
(3) in subsection (b)(5), by inserting ``or counter-
transnational organized crime'' after ``Counter-drug''.
(c) Notice to Congress on Facilities Projects.--Subsection (h)(2) of
such section is amended by striking ``$500,000'' and inserting
``$250,000''.
(d) Definition of Transnational Organized Crime.--Such section is
further amended by adding at the end the following new subsection:
``(j) Definition of Transnational Organized Crime.--In this section,
the term `transnational organized crime' means self-perpetuating
associations of individuals who operate transnationally for the purpose
of obtaining power, influence, monetary, or commercial gains, wholly or
in part by illegal means, while protecting their activities through a
pattern of corruption or violence or through
[[Page 128 STAT. 3484]]
a transnational organization structure and the exploitation of
transnational commerce or communication mechanisms.''.
(e) Clerical Amendment.--The heading of such section is amended to
read as follows:
``SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES AND
ACTIVITIES TO COUNTER TRANSNATIONAL
ORGANIZED CRIME.''.
SEC. 1013. AVAILABILITY OF FUNDS FOR ADDITIONAL SUPPORT FOR
COUNTERDRUG ACTIVITIES OF CERTAIN
FOREIGN GOVERNMENTS.
Subsection (e) 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(b) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
844), is amended to read as follows:
``(e) Availability of Funds.--Of the amount authorized to be
appropriated for any fiscal year after fiscal year 2014 in which the
authority under this section is in effect for drug interdiction and
counter-drug activities, an amount not to exceed $125,000,000 shall be
available in such fiscal year for the provision of support under this
section.''.
SEC. 1014. EXTENSION AND MODIFICATION OF AUTHORITY FOR JOINT TASK
FORCES SUPPORTING LAW ENFORCEMENT
AGENCIES CONDUCTING ACTIVITIES TO
COUNTER TRANSNATIONAL ORGANIZED CRIME TO
SUPPORT LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
(a) In General.--Subsection (a) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is
amended by inserting ``or counter-transnational organized crime
activities'' after ``counter-terrorism activities''.
(b) Availability of Funds.--Subsection (b) of such section is
amended--
(1) by striking ``2015'' and inserting ``2020'';
(2) by inserting ``for drug interdiction and counter-drug
activities that are'' after ``funds''; and
(3) by inserting ``or counter-transnational organized
crime'' after ``counter-terrorism''.
(c) Reports.--Subsection (c) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``after 2008''; and
(B) by striking ``Congress'' and inserting ``the
congressional defense committees'';
(2) in paragraph (1)--
(A) by inserting ``, counter-transnational organized
crime,'' after ``counter-drug'' the first place it
appears; and
(B) by striking ``counterterrorism support'' and
inserting ``counter-terrorism or counter-transnational
organized crime support'';
(3) in paragraph (2), by inserting before the period the
following: ``, and a description of the objectives of such
support''; and
(4) in paragraph (3), by striking ``conducting counter-drug
operations'' and inserting ``exercising the authority under
subsection (a)''.
[[Page 128 STAT. 3485]]
(d) Conditions.--Subsection (d)(2) of such section is amended--
(1) in subparagraph (A) by inserting ``or counter-
transnational organized crime'' after ``counter-terrorism'';
(2) in subparagraph (B)--
(A) by striking ``Congress'' and inserting ``the
congressional defense committees''; and
(B) by inserting before the period at the end of the
second sentence the following: ``, together with a
description of the vital national security interests
associated with the support covered by such waiver'';
and
(3) by striking subparagraph (C).
(e) Support for Counter-Transnational Organized Crime.--Such section
is further amended by adding at the end the following new subsection:
``(e) Definitions.--(1) In this section, the term `transnational
organized crime' has the meaning given such term in section 1004(j) of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 374 note).
``(2) For purposes of applying the definition of transnational
organized crime under paragraph (1) to this section, the term `illegal
means', as it appears in such definition, includes the trafficking of
money, human trafficking, illicit financial flows, illegal trade in
natural resources and wildlife, trade in illegal drugs and weapons, and
other forms of illegal means determined by the Secretary of Defense.''.
SEC. 1015. SENSE OF CONGRESS REGARDING SECURITY IN THE WESTERN
HEMISPHERE.
(a) Findings.--Congress makes the following findings:
(1) The stability and security of the Western Hemisphere has
a direct impact on the security interests of the United States.
(2) Over the past decade, there has been a marked increase
in violence and instability in the region as a result of weak
governance and increasingly capable transnational criminal
organizations. These criminal organizations operate global,
multi-billion dollar networks that traffic narcotics, humans,
weapons, and bulk cash.
(3) Conflict between the various transnational criminal
organizations for smuggling routes and territory has resulted in
skyrocketing violence. According to the United Nations Office on
Drugs and Crime, Honduras has the highest murder rate in the
world with 90 murders per 100,000 people.
(4) United States Northern Command and United States
Southern Command are the lead combatant commands for Department
of Defense efforts to combat illicit trafficking in the Western
Hemisphere.
(5) To combat these destabilizing threats, through a variety
of authorities, the Department of Defense advises, trains,
educates, and equips vetted troops in the region to enhance
their military and police forces, with an emphasis on human
rights and the rule of law.
(6) As a result of decades of instability and violence, tens
of thousands of unaccompanied alien children and their families
have fled to the border between the United States and Mexico. In
fiscal year 2014, approximately 66,000 such children were
apprehended crossing into the United States from Mexico.
[[Page 128 STAT. 3486]]
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should continue its efforts to
combat transnational criminal organizations in the Western
Hemisphere;
(2) the Department of Defense should increase its maritime,
aerial and intelligence, surveillance, and reconnaissance
capabilities in the region to more effectively support efforts
to reduce illicit trafficking into the United States; and
(3) enhancing the capacity of partner nations in the region
to combat the threat posed by transnational criminal
organizations should be a cornerstone of the Department of
Defense's strategy in the region.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. DEFINITION OF COMBATANT AND SUPPORT VESSEL FOR PURPOSES
OF THE ANNUAL PLAN AND CERTIFICATION
RELATING TO BUDGETING FOR CONSTRUCTION
OF NAVAL VESSELS.
Section 231(f) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(4) The term `combatant and support vessel' means any
commissioned ship built or armed for naval combat or any naval
ship designed to provide support to combatant ships and other
naval operations. Such term does not include patrol coastal
ships, non-commissioned combatant craft specifically designed
for combat roles, or ships that are designated for potential
mobilization.''.
SEC. 1022. NATIONAL SEA-BASED DETERRENCE FUND.
(a) Establishment of Fund.--
(1) In general.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2218 the following
new section:
``Sec. 2218a. <<NOTE: 10 USC 2218a.>> National Sea-Based
Deterrence Fund
``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the `National Sea-Based Deterrence
Fund'.
``(b) Administration of Fund.--The Secretary of Defense shall
administer the Fund consistent with the provisions of this section.
``(c) Fund Purposes.--(1) Funds in the Fund shall be available for
obligation and expenditure only for construction (including design of
vessels), purchase, alteration, and conversion of national sea-based
deterrence vessels.
``(2) Funds in the Fund may not be used for a purpose or program
unless the purpose or program is authorized by law.
``(d) Deposits.--There shall be deposited in the Fund all funds
appropriated to the Department of Defense for construction (including
design of vessels), purchase, alteration, and conversion of national
sea-based deterrence vessels.
``(e) Expiration of Funds After 5 Years.--No part of an
appropriation that is deposited in the Fund pursuant to subsection (d)
shall remain available for obligation more than five years after the end
of fiscal year for which appropriated except to the extent specifically
provided by law.
[[Page 128 STAT. 3487]]
``(f) Budget Requests.--Budget requests submitted to Congress for
the Fund shall separately identify the amount requested for programs,
projects, and activities for construction (including design of vessels),
purchase, alteration, and conversion of national sea-based deterrence
vessels.
``(g) Definitions.--In this section:
``(1) The term `Fund' means the National Sea-Based
Deterrence Fund established by subsection (a).
``(2) The term `national sea-based deterrence vessel' means
any vessel owned, operated, or controlled by the Department of
Defense that carries operational intercontinental ballistic
missiles.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title <<NOTE: 10 USC prec.
2201.>> is amended by inserting after the item relating to
section 2218 the following new item:
``2218a. National Sea-Based Deterrence Fund.''.
(b) Transfer Authority.--
(1) In general.--Subject to paragraph (2), and to the extent
provided in appropriations Acts, the Secretary of Defense may
transfer to the National Sea-Based Deterrence Fund established
by section 2218a of title 10, United States Code, as added by
subsection (a)(1), amounts not to exceed $3,500,000,000 from
unobligated funds authorized to be appropriated for fiscal years
2014, 2015, or 2016 for the Navy for the Ohio Replacement
Program. The transfer authority provided under this paragraph is
in addition to any other transfer authority provided to the
Secretary of Defense by law.
(2) Availability.--Funds transferred to the National Sea-
Based Deterrence Fund pursuant to paragraph (1) shall remain
available for the same period for which the transferred funds
were originally appropriated.
SEC. 1023. LIMITATION ON USE OF FUNDS FOR INACTIVATION OF U.S.S.
GEORGE WASHINGTON.
No funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2015 for the Navy may be obligated or expended
to conduct tasks connected to the inactivation of the U.S.S. George
Washington (CVN-73) unless such tasks are identical to tasks that would
be necessary to conduct a refueling and complex overhaul of the vessel.
SEC. 1024. SENSE OF CONGRESS RECOGNIZING THE ANNIVERSARY OF THE
SINKING OF U.S.S. THRESHER.
(a) Findings.--Congress makes the following findings:
(1) U.S.S. Thresher was first launched at Portsmouth Naval
Shipyard on July 9, 1960.
(2) U.S.S. Thresher departed Portsmouth Naval Shipyard for
her final voyage on April 9, 1963, with a crew of 16 officers,
96 sailors, and 17 civilians.
(3) The mix of that crew reflects the unity of the naval
submarine service, military and civilian, in the protection of
the United States.
(4) At approximately 7:47 a.m. on April 10, 1963, while in
communication with the surface ship U.S.S. Skylark, and
approximately 220 miles off the coast of New England, U.S.S.
Thresher began her final descent.
[[Page 128 STAT. 3488]]
(5) U.S.S. Thresher was declared lost with all hands on
April 10, 1963.
(6) In response to the loss of U.S.S. Thresher, the United
States Navy instituted new regulations to ensure the health of
the submariners and the safety of the submarines of the United
States.
(7) Those regulations led to the establishment of the
Submarine Safety and Quality Assurance program (SUBSAFE), now
one of the most comprehensive military safety programs in the
world.
(8) SUBSAFE has kept the submariners of the United States
safe at sea ever since as the strongest, safest submarine force
in history.
(9) Since the establishment of SUBSAFE, no SUBSAFE-certified
submarine has been lost at sea, which is a legacy owed to the
brave individuals who perished aboard U.S.S. Thresher.
(10) From the loss of U.S.S. Thresher, there arose in the
institutions of higher education in the United States the ocean
engineering curricula that enables the preeminence of the United
States in submarine warfare.
(11) The crew of U.S.S. Thresher demonstrated the ``last
full measure of devotion'' in service to the United States, and
this devotion characterizes the sacrifices of all submariners,
past and present.
(b) Sense of Congress.--Congress--
(1) recognizes the 51st anniversary of the sinking of U.S.S.
Thresher;
(2) remembers with profound sorrow the loss of U.S.S.
Thresher and her gallant crew of sailors and civilians on April
10, 1963; and
(3) expresses its deepest gratitude to all submariners on
``eternal patrol'', who are forever bound together by dedicated
and honorable service to the United States of America.
SEC. 1025. PILOT PROGRAM FOR SUSTAINMENT OF LITTORAL COMBAT SHIPS
ON EXTENDED DEPLOYMENTS.
(a) Authority.--Notwithstanding subsection (a) of section 7310 of
title 10, United States Code, the Secretary of the Navy may establish a
pilot program for the sustainment of Littoral Combat Ships when
operating on extended deployment as follows:
(1) The pilot program shall be limited to no more than three
Littoral Combat Ships at any one time operating in extended
deployment status.
(2) Sustainment authorized under the pilot program is
limited to corrective and preventive maintenance or repair
(whether intermediate- or depot-level) and facilities
maintenance. Such maintenance or repair may be performed--
(A) in a foreign shipyard;
(B) at a facility outside of a foreign shipyard; or
(C) at any other facility convenient to the vessel.
(3) Such maintenance or repair may be performed on a vessel
as described in paragraph (2) only if the work is performed by
United States Government personnel or United States contractor
personnel.
(4) Facilities maintenance may be performed by a foreign
contractor on a vessel as described in paragraph (2).
[[Page 128 STAT. 3489]]
(b) Report Required.--Not later than 120 days after the conclusion
of the pilot program authorized under subsection (a), the Secretary of
the Navy shall submit to the congressional defense committees a report
on the pilot program. Such report shall include each of the following:
(1) Lessons learned from the pilot program regarding
sustainment of Littoral Combat Ships while operating on extended
deployments, including the extent to which shipboard personnel
were involved in performing maintenance.
(2) A comprehensive sustainment strategy, including
maintenance requirements, concepts, and costs, intended to
support Littoral Combat Ships operating on extended deployments.
(3) Observations and recommendations regarding limited
exceptions to existing authorities required to support Littoral
Combat Ships operating on extended deployments.
(4) The effect of the pilot program on material readiness
and operational availability.
(5) Whether overseas maintenance periodicities undertaken
during the pilot program were accomplished in the scheduled or
allotted timeframes throughout the pilot program.
(6) The total cost to sustain the three Littoral Combat
Ships selected for the pilot program during the program,
including all costs for Federal and contractor employees
performing corrective and preventive maintenance, and all
facilitization costs, both ashore and shipboard.
(7) A detailed comparison of costs, including the cost of
labor, between maintenance support provided in the United States
and any savings achieved by performing facilities maintenance in
foreign shipyards.
(8) A description of the permanent facilities required to
support Littoral Combat Ships operating on extended deployment
at overseas locations.
(c) Definitions.--In this section:
(1) The term ``corrective and preventive maintenance or
repair'' means--
(A) maintenance or repair actions performed as a
result of a failure in order to return or restore
equipment to acceptable performance levels; or
(B) scheduled maintenance or repair actions intended
to prevent or discover functional failures, including
scheduled periodic maintenance requirements and
integrated class maintenance plan tasks that are time-
directed maintenance actions.
(2) The term ``facilities maintenance'' means--
(A) preservation or corrosion control efforts,
including surface preparation and preservation of the
structural facility to minimize effects of corrosion; or
(B) cleaning services, including--
(i) light surface cleaning of ship structures
and compartments; and
(ii) deep cleaning of bilges to remove dirt,
oily waste, and other foreign matter.
(d) Termination.--The authority to carry out a pilot program under
subsection (a) shall terminate on September 30, 2016.
[[Page 128 STAT. 3490]]
SEC. 1026. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA CLASS CRUISERS OR DOCK
LANDING SHIPS.
(a) Limitation on Availability of Funds.--
(1) In general.--Except as otherwise provided in this
section, none of the funds authorized to be appropriated or
otherwise made available for the Department of Defense by this
Act or the National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66) may be obligated or expended to retire,
prepare to retire, inactivate, or place in storage a cruiser or
dock landing ship.
(2) Use of smosf funds.--As provided by section 8107 of the
Consolidated Appropriations Act, 2014 (Public Law 113-76), funds
in the Ship, Modernization, Operations, and Sustainment Fund may
be used only for 11 Ticonderoga-class cruisers (CG 63 through CG
73) and 3 dock landing ships (LSD 41, LSD 42, and LSD 46).
(b) Modernization of Ticonderoga Class Cruisers and Dock Landing
Ships.--The Secretary of the Navy shall begin the upgrade of two
cruisers specified in (a)(2) during fiscal year 2015, including--
(1) hull, mechanical, and electrical upgrades; and
(2) combat systems modernizations.
(c) Requirements and Limitations on Modernization.--
(1) Requirements.--During the period of modernization under
subsection (b) of the vessels specified in subsection (a)(2),
the Secretary of the Navy shall--
(A) continue to maintain the vessels in a manner
that will ensure the ability of the vessels to reenter
the operational fleet;
(B) conduct planning activities to ensure scheduled
and deferred maintenance and modernization work items
are identified and included in maintenance availability
work packages; and
(C) conduct hull, mechanical, and electrical and
combat system modernization necessary to achieve a
service life of 40 years.
(2) Limitations.--During the period of modernization under
subsection (b) of the vessels specified in subsection (a)(2),
the Secretary may not--
(A) permit removal or cannibalization of equipment
or systems to support operational vessels, other than--
(i) rotatable pool equipment; and
(ii) equipment or systems necessary to support
urgent operational requirements (but only with the
approval of the Secretary of Defense); or
(B) make any irreversible modifications that will
prohibit the vessel from reentering the operational
fleet.
(d) Reports.--
(1) In general.--At the same time as the submittal to
Congress of the budget of the President under section 1105 of
title 31, United States, for each fiscal year during which
activities under the modernization of vessels will be carried
out under this section, the Secretary of the Navy shall submit
to the congressional defense committees a written report on the
status of the modernization of vessels under this section.
[[Page 128 STAT. 3491]]
(2) Elements.--Each report under this subsection shall
include the following:
(A) The status of modernization efforts, including
availability schedules, equipment procurement schedules,
and by-fiscal year funding requirements.
(B) The readiness and operational and manning status
of each vessel to be undergoing modernization under this
section during the fiscal year covered by such report.
(C) The current material condition assessment for
each such vessel.
(D) A list of rotatable pool equipment that is
identified across the whole class of cruisers to support
operations on a continuing basis.
(E) A list of equipment, other than rotatable pool
equipment and components incidental to performing
maintenance, removed from each such vessel, including a
justification for the removal, the disposition of the
equipment, and plan for restoration of the equipment.
(F) A detailed plan for obligations and expenditures
by vessel for the fiscal year beginning during the
calendar year during which the report is submitted, and
projections of obligations by vessel by fiscal year for
the remaining time a vessel is projected to be in the
modernization program.
(G) A statement of the funding required for that
fiscal year to ensure the Ship, Modernization,
Operations, and Sustainment Fund account has adequate
resources to execute the plan under subparagraph (F) for
that fiscal year and the following fiscal year.
(3) Notice on variance from plan.--Not later than 30 days
before executing any material deviation from a plan described in
paragraph (2)(F) for a fiscal year, the Secretary shall notify
the congressional defense committees in writing of such
deviation from the plan.
(e) Repeal of Superseded Limitation.--Section 1023 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 846) is repealed.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING
TERRORISM.
Section 127b(c)(3)(C) of title 10, United States Code, is amended by
striking ``September 30, 2014'' and inserting ``September 30, 2015''.
SEC. 1032. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1033 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 850) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2015''.
[[Page 128 STAT. 3492]]
SEC. 1033. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
Section 1034 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 851) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2015''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. MODIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY FOR
HUMANITARIAN DEMINING ASSISTANCE AND
STOCKPILED CONVENTIONAL MUNITIONS
ASSISTANCE PROGRAMS.
(a) Inclusion of Information About Insufficient Funding in Annual
Report.--Subsection (d)(3) of section 407 of title 10, United States
Code, is amended by inserting ``or insufficient funding'' after ``such
activities''.
(b) Definition of Stockpiled Conventional Munitions Assistance.--
Subsection (e)(2) of such section is amended--
(1) by striking ``and includes'' and inserting the
following: ``small arms, and light weapons, including man-
portable air-defense systems. Such term includes''; and
(2) by inserting before the period at the end the following:
``, small arms, and light weapons, including man-portable air-
defense systems''.
SEC. 1042. AIRLIFT SERVICE.
(a) In General.--Chapter 931 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9516. <<NOTE: 10 USC 9516.>> Airlift service
``(a) Interstate Transportation.--(1) Except as provided in
subsection (d) of this section, the transportation of passengers or
property by CRAF-eligible aircraft in interstate air transportation
obtained by the Secretary of Defense or the Secretary of a military
department through a contract for airlift service in the United States
may be provided only by an air carrier that--
``(A) has aircraft in the civil reserve air fleet or offers
to place the aircraft in that fleet; and
``(B) holds a certificate issued under section 41102 of
title 49.
``(2) The Secretary of Transportation shall act as expeditiously as
possible on an application for a certificate under section 41102 of
title 49 to provide airlift service.
``(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the transportation of
passengers or property by CRAF-eligible aircraft between a place in the
United States and a place outside the United States obtained by the
Secretary of Defense or the Secretary of a military department through a
contract for airlift service shall be provided by an air carrier
referred to in subsection (a).
``(c) Transportation Between Foreign Locations.--The transportation
of passengers or property by CRAF-eligible aircraft between two places
outside the United States obtained by the Secretary of Defense or the
Secretary of a military department
[[Page 128 STAT. 3493]]
through a contract for airlift service shall be provided by an air
carrier referred to in subsection (a) whenever transportation by such an
air carrier is reasonably available.
``(d) Exception.--When the Secretary of Defense decides that no air
carrier holding a certificate under section 41102 of title 49 is capable
of providing, and willing to provide, the airlift service, the Secretary
of Defense may make a contract to provide the service with an air
carrier not having a certificate.
``(e) CRAF-eligible Aircraft Defined.--In this section, `CRAF-
eligible aircraft' means aircraft of a type the Secretary of Defense has
determined to be eligible to participate in the civil reserve air
fleet.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 9511.>> is amended by adding at the
end the following new item:
``9516. Airlift service.''.
SEC. 1043. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY LEGAL SUPPORT
SERVICES.
Section 1588(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) Voluntary legal support services provided by law
students through internship and externship programs approved by
the Secretary concerned.''.
SEC. 1044. EXPANSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO USE
THE DEPARTMENT OF DEFENSE REIMBURSEMENT
RATE FOR TRANSPORTATION SERVICES
PROVIDED TO CERTAIN NON-DEPARTMENT OF
DEFENSE ENTITIES.
(a) Eligible Categories of Transportation.--Subsection (a) of
section 2642 of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking ``The
Secretary'' and inserting ``Subject to subsection (b), the
Secretary'';
(2) in paragraph (3)--
(A) by striking ``During the period beginning on
October 28, 2009, and ending on October 28, 2019, for''
and inserting ``For''; and
(B) by striking ``of Defense'' the first place it
appears and all that follows through ``military sales''
and inserting ``of Defense''; and
(3) by adding at the end the following new paragraphs:
``(4) For military transportation services provided in
support of foreign military sales.
``(5) For military transportation services provided to a
State, local, or tribal agency (including any organization
composed of State, local, or tribal agencies).
``(6) For military transportation services provided to a
Department of Defense contractor when transporting supplies that
are for, or destined for, a Department of Defense entity.''.
(b) Termination of Authority for Certain Categories of
Transportation.--Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Termination of Authority for Certain Categories of
Transportation.--The provisions of paragraphs (3), (4), (5), and
[[Page 128 STAT. 3494]]
(6) of subsection (a) shall apply only to military transportation
services provided before October 1, 2019.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2642. Transportation services provided to certain non-
Department of Defense agencies and entities: use
of Department of Defense reimbursement rate''.
(2) Table of sections.--The item relating to such section in
the table of sections at the beginning of chapter 157 of such
title <<NOTE: 10 USC prec. 2631.>> is amended to read as
follows:
``2642. Transportation services provided to certain non-Department of
Defense agencies and entities: use of Department of Defense
reimbursement rate.''.
SEC. 1045. REPEAL OF AUTHORITY RELATING TO USE OF MILITARY
INSTALLATIONS BY CIVIL RESERVE AIR FLEET
CONTRACTORS.
(a) Repeal.--Section 9513 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 931 of such title is <<NOTE: 10 USC prec. 9511.>> amended by
striking the item relating to section 9513.
SEC. 1046. <<NOTE: 10 USC 113 note.>> INCLUSION OF CHIEF OF THE
NATIONAL GUARD BUREAU AMONG LEADERSHIP
OF THE DEPARTMENT OF DEFENSE PROVIDED
PHYSICAL PROTECTION AND PERSONAL
SECURITY.
(a) Inclusion.--Subsection (a) of section 1074 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 330) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Chief of the National Guard Bureau.''.
(b) Conforming Amendment.--Subsection (b)(1) of such section is
amended by striking ``paragraphs (1) through (7)'' and inserting
``paragraphs (1) through (8)''.
SEC. 1047. INCLUSION OF REGIONAL ORGANIZATIONS IN AUTHORITY FOR
ASSIGNMENT OF CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE AS ADVISORS TO
FOREIGN MINISTRIES OF DEFENSE.
(a) Inclusion of Regional Organizations in Authority.--Section 1081
of the National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1599; 10 U.S.C. 168 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or regional organizations with security
missions'' after ``foreign countries''; and
(B) by inserting ``or regional organization'' after
``ministry'' each place it appears in paragraphs (1) and
(2);
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively, and inserting after subsection (b)
the following new subsection (c):
``(c) Congressional Notice.--Not later than 15 days before assigning
a civilian employee of the Department of Defense as
[[Page 128 STAT. 3495]]
an advisor to a regional organization with a security mission under
subsection (a), the Secretary shall submit to the Committees on Armed
Services and Foreign Relations of the Senate and the Committees on Armed
Services and Foreign Affairs of the House of Representatives a
notification of such assignment. Such a notification shall include each
of the following:
``(1) A statement of the intent of the Secretary to assign
the employee as an advisor to the regional organization.
``(2) The name of the regional organization and the location
and duration of the assignment.
``(3) A description of the assignment, including a
description of the training or assistance proposed to be
provided to the regional organization, the justification for the
assignment, a description of the unique capabilities the
employee can provide to the regional organization, and a
description of how the assignment serves the national security
interests of the United States.
``(4) Any other information relating to the assignment that
the Secretary of Defense considers appropriate.'';
(3) in subsection (d), as so redesignated, by inserting
``and regional organizations with security missions'' after
``defense ministries'' each place it appears in paragraphs (1)
and (5); and
(4) in subsection (e), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.
(b) <<NOTE: 10 USC 168 note.>> Update of Policy Guidance on
Authority.--The Under Secretary of Defense for Policy shall issue an
update of the policy of the Department of Defense for assignment of
civilian employees of the Department as advisors to foreign ministries
of defense and regional organizations under the authority in section
1081 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1599; 10 U.S.C. 168 note), as amended by
this section.
(c) Conforming Amendment.--The section heading of such section is
amended to read as follows:
``SEC. 1081. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE AS ADVISORS TO
FOREIGN MINISTRIES OF DEFENSE AND
REGIONAL ORGANIZATIONS.''.
SEC. 1048. REPORT AND LIMITATION ON AVAILABILITY OF FUNDS FOR
AVIATION FOREIGN INTERNAL DEFENSE
PROGRAM.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the aviation
foreign internal defense program. Such report shall include each
of the following:
(A) An overall description of the program, including
validated requirements from each of the geographic
combatant commands and the Joint Staff, and of the
statutory authorities used to support fixed and rotary
wing aviation foreign internal defense programs within
the Department of Defense.
(B) Program goals, proposed metrics of performance
success, and anticipated procurement and operation and
[[Page 128 STAT. 3496]]
maintenance costs across the Future Years Defense
Program.
(C) A comprehensive strategy outlining and
justifying contributing commands and units for program
execution, including the use of the Air Force, the
Special Operations Command, the reserve components of
the Armed Forces, and the National Guard.
(D) The results of any analysis of alternatives and
efficiencies reviews for any contracts awarded to
support the aviation foreign internal defense program.
(E) A certification that the program is cost
effective and meets the requirements of the geographic
combatant commands.
(F) Any other items the Secretary of Defense
determines appropriate.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Limitation.--Not more than 50 percent of the funds authorized to
be appropriated by this Act or otherwise made available for fiscal year
2015 for Procurement, Defense-wide, for the fixed-wing aviation foreign
internal defense program, may be obligated or expended until the date
that is 45 days after the date on which the Secretary of Defense
provides to the congressional defense committees the certification
required under subsection (a).
SEC. 1049. MODIFICATIONS TO OH-58D KIOWA WARRIOR AIRCRAFT.
(a) In General.--Notwithstanding section 2244a of title 10, United
States Code, the Secretary of the Army may modify OH-58D Kiowa Warrior
aircraft of the Army that the Secretary determines will not be retired
and will remain in the aircraft fleet of the Army.
(b) Manner of Modifications.--The Secretary shall carry out the
modifications under subsection (a) in a manner that ensures--
(1) the safety and survivability of the crews of the OH-58D
Kiowa Warrior aircraft;
(2) the safety of flight for such aircraft; and
(3) that the minimum capability requirements of the
commanders of the combatant commands are met.
Subtitle F--Studies and Reports
SEC. 1051. PROTECTION OF TOP-TIER DEFENSE-CRITICAL INFRASTRUCTURE
FROM ELECTROMAGNETIC PULSE.
(a) Report Required.--Not later than June 1, 2015, the Secretary of
Defense shall submit to the congressional defense committees a report on
whether top-tier defense-critical infrastructure requiring
electromagnetic pulse protection that receives its power supply from
commercial or other non-military sources is protected from the adverse
effects of man-made or naturally occurring electromagnetic pulse. In the
case of any of such infrastructure that the Secretary determines is not
protected from such adverse effects, the Secretary shall include in the
report a description of the actions that would be required to provide
for the protection of such infrastructure from such adverse effects.
[[Page 128 STAT. 3497]]
(b) Form of Submission.--The report required by subsection (a) shall
be submitted in classified form.
(c) Definition.--In this section, the term ``top-tier defense-
critical infrastructure'' means Department of Defense infrastructure
essential to project, support, and sustain the Armed Forces and military
operations worldwide.
SEC. 1052. RESPONSE OF THE DEPARTMENT OF DEFENSE TO COMPROMISES OF
CLASSIFIED INFORMATION.
(a) Findings.--Congress makes the following findings:
(1) Compromises of classified information cause
indiscriminate and long-lasting damage to United States national
security and often have a direct impact on the safety of
warfighters.
(2) In 2010, hundreds of thousands of classified documents
were illegally copied and disclosed across the Internet.
(3) Classified information has been disclosed in numerous
public writings and manuscripts endangering current operations.
(4) In 2013, nearly 1,700,000 files were downloaded from
United States Government information systems, threatening the
national security of the United States and placing the lives of
United States personnel at extreme risk. The majority of the
information compromised relates to the capabilities, operations,
tactics, techniques, and procedures of the Armed Forces of the
United States, and is the single greatest quantitative
compromise in the history of the United States.
(5) The Department of Defense is taking steps to mitigate
the harm caused by these leaks.
(6) Congress must be kept apprised of the progress of the
mitigation efforts to ensure the protection of the national
security of the United States.
(b) Reports Required.--
(1) Initial report.--Not later than 60 days 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 by the Secretary in response to significant
compromises of classified information. Such report shall include
each of the following:
(A) A description of any changes made to Department
of Defense policies or guidance relating to significant
compromises of classified information, including
regarding security clearances for employees of the
Department, information technology, and personnel
actions.
(B) An overview of the efforts made by any task
force responsible for the mitigation of such compromises
of classified information.
(C) A description of the resources of the Department
that have been dedicated to efforts relating to such
compromises.
(D) A description of the plan of the Secretary to
continue evaluating the damage caused by, and to
mitigate the damage from, such compromises.
(E) A general description and estimate of the
anticipated costs associated with mitigating such
compromises.
(2) Updates to report.--During calendar years 2015 and 2016,
the Secretary shall submit to the congressional defense
[[Page 128 STAT. 3498]]
committees quarterly updates to the report required by paragraph
(1). Each such update shall include information regarding any
changes or progress with respect to the matters covered by such
report.
SEC. 1053. STUDY ON JOINT ANALYTIC CAPABILITY OF THE DEPARTMENT OF
DEFENSE.
(a) Independent Assessment.--The Secretary of Defense shall
commission an appropriate entity outside the Department of Defense to
conduct an independent assessment of the joint analytic capabilities of
the Department of Defense to support strategy, plans, and force
development and their link to resource decisions.
(b) Elements.--The assessment required by subsection (a) shall
include each of the following:
(1) An assessment of the analytical capability of the Office
of the Secretary of Defense and the Joint Staff to support force
planning, defense strategy development, program and budget
decisions, and the review of war plans.
(2) Recommendations on improvements to such capability as
required, including changes to processes or organizations that
may be necessary.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the entity that conducts the assessment required by
subsection (a) shall provide to the Secretary an unclassified report,
with a classified annex (if appropriate), containing its findings as a
result of the assessment. Not later than 90 days after the date of the
receipt of the report, the Secretary shall transmit the report to the
congressional defense committees, together with such comments on the
report as the Secretary considers appropriate.
SEC. 1054. BUSINESS CASE ANALYSIS OF THE CREATION OF AN ACTIVE
DUTY ASSOCIATION FOR THE 168TH AIR
REFUELING WING.
(a) Business Case Analysis.--The Secretary of the Air Force shall
conduct a business case analysis of the creation of a 4-PAA (Personnel-
Only) KC-135R active association with the 168th Air Refueling Wing. Such
analysis shall include consideration of--
(1) any efficiencies or cost savings achieved assuming the
168th Air Refueling Wing meets 100 percent of current air
refueling requirements after the active association is in place;
(2) improvements to the mission requirements of the 168th
Air Refueling Wing and Air Mobility Command; and
(3) effects on the operations of Air Mobility Command.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
business case analysis conducted under subsection (a).
SEC. 1055. REPORTS ON RECOMMENDATIONS OF THE NATIONAL COMMISSION
ON THE STRUCTURE OF THE AIR FORCE.
(a) Reports.--Not later than 30 days after the date of the submittal
to Congress pursuant to section 1105(a) of title 31, United States Code,
of the budget of the President for each of fiscal years 2016 through
2019, the Secretary of the Air Force shall submit to the congressional
defense committees a report on the response of the Air Force to the 42
specific recommendations of the National Commission on the Structure of
the Air Force in the report of
[[Page 128 STAT. 3499]]
the Commission pursuant to section 363(b) of the National Commission on
the Structure of the Air Force Act of 2012 (subtitle G of title III of
Public Law 112-239; 126 Stat. 1704).
(b) Elements of Initial Report.--The initial report of the Secretary
under subsection (a) shall set forth the following:
(1) Specific milestones for review by the Air Force of the
recommendations of the Commission described in subsection (a).
(2) A preliminary implementation plan for each of such
recommendations that do not require further review by the Air
Force as of the date of such report for implementation.
(c) Elements of Subsequent Reports.--Each report of the Secretary
under subsection (a) after the initial report shall set forth the
following:
(1) An implementation plan for each of the recommendations
of the Commission described in subsection (a), and not
previously covered by a report under this section, that do not
require further review by the Air Force as of the date of such
report for implementation.
(2) A description of the accomplishments of the Air Force in
implementing the recommendations of the Commission previously
identified as not requiring further review by the Air Force for
implementation in an earlier report under this section,
including a description of any such recommendation that is fully
implemented as of the date of such report.
(d) Deviation From Commission Recommendations.--If any
implementation plan under this section includes a proposal to deviate in
a material manner from a recommendation of the Commission described in
subsection (a), the report setting forth such implementation plan
shall--
(1) describe the deviation; and
(2) include a justification of the Air Force for the
deviation.
(e) Allocation of Savings.--Each report of the Secretary under
subsection (a) shall--
(1) identify any savings achieved by the Air Force as of the
date of such report in implementing the recommendations of the
Commission described in subsection (a) when compared with
spending anticipated by the budget of the President for fiscal
year 2015; and
(2) indicate the manner in which such savings affected the
budget request of the President for the fiscal year beginning in
the year in which such report is submitted.
SEC. 1056. REPORT ON PROTECTION OF MILITARY INSTALLATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, in coordination with the Attorney General and
the Secretary of Homeland Security, shall submit to Congress a report on
the protection of military installations. Such report shall include each
of the following:
(1) An identification of specific issues, shortfalls, and
gaps related to the authorities providing for the protection of
military installations by the agencies concerned and risks
associated with such gaps.
(2) A description of specific and detailed examples of
incidents that have actually occurred that illustrate the
concerns referred to in paragraph (1).
[[Page 128 STAT. 3500]]
(3) Any recommendations for proposed legislation that
would--
(A) improve the ability of the Department of Defense
to fulfill its requirement to provide for the protection
of military installations; and
(B) address the concerns referred to in paragraph
(1).
SEC. 1057. COMPTROLLER GENERAL BRIEFING AND REPORT ON ARMY AND
ARMY NATIONAL GUARD FORCE STRUCTURE
CHANGES.
(a) Briefing and Report.--
(1) Briefing.--Not later than March 1, 2015, the Comptroller
General of the United States shall submit to the congressional
defense committees a written briefing on the assessment of the
Comptroller General of the Aviation Restructuring Initiative of
the Army and of any proposals submitted by the Chief of the
National Guard Bureau or the Cost Assessment and Program
Evaluation Office of the Department of Defense that could serve
as alternatives to the Army's proposal for adjusting the
structure and mix of its combat aviation forces among regular
Army, Army Reserve, and Army National Guard units.
(2) Report.--Not later than 60 days after the submittal of
the briefing under paragraph (1), the Comptroller General shall
submit to the congressional defense committees a final report on
the assessment referred to in that paragraph.
(b) Elements.--The briefing and report of the Comptroller General
required by subsection (a) shall include, at a minimum, each of the
following:
(1) A comparison of the assumptions on strategy, current
demands, historical readiness rates, anticipated combat
requirements, and the constraints and limitations associated
with mobilization, utilization, and rotation policies underlying
the Aviation Restructuring Initiative and any alternatives
proposed by the Chief of the National Guard Bureau and the
Department of Defense Cost Assessment and Program Evaluation
Office.
(2) An assessment of the models used to estimate future
costs and cost savings associated with each proposal for
allocating Army aviation platforms among the regular Army, Army
Reserve, and Army National Guard units.
(3) A comparison of the military and civilian personnel
requirements for supporting combat aviation brigades under each
proposal, including a description of the anticipated
requirements and funding allocated for active Guard Reserve and
full-time military technicians supporting the Army National
Guard AH-64 ``Apache'' units.
(c) Sense of Congress Regarding Additional Funding for the Army.--
Congress is concerned with the planned reductions and realignments the
Army has proposed for the regular Army, the Army National Guard, and the
Army Reserves in order to comply with the funding constraints under the
Budget Control Act of 2011 (Public Law 112-25). Concerns are
particularly associated with proposed reductions in end strength for all
components that will result in additional reductions in the number of
regular Army and National Guard brigade combat teams as well as
reductions and realignments of combat aircraft within and between the
regular Army and the Army National Guard. Sufficient funding
[[Page 128 STAT. 3501]]
should be provided to retain the force structure and sustain the
readiness of as much Total Army combat capability as possible.
SEC. 1058. <<NOTE: 10 USC 2430 note.>> IMPROVING ANALYTIC SUPPORT
TO SYSTEMS ACQUISITION AND ALLOCATION OF
ACQUISITION, INTELLIGENCE, SURVEILLANCE
AND RECONNAISSANCE ASSETS.
(a) Guidance.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall review and issue
or revise guidance to components of the Department of Defense to improve
the application of operations research and systems analysis to--
(1) the requirements process for acquisition of major
defense acquisition programs and major automated information
systems; and
(2) the allocation of intelligence, surveillance, and
reconnaissance systems to the combatant commands.
(b) Briefing of Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall brief--
(1) the congressional defense committees on any guidance
issued or revised under subsection (a); and
(2) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives on any guidance issued or revised under
subsection (a)(2) relevant to intelligence.
SEC. 1059. REVIEW OF UNITED STATES MILITARY STRATEGY AND THE FORCE
POSTURE OF ALLIES AND PARTNERS IN THE
UNITED STATES PACIFIC COMMAND AREA OF
RESPONSIBILITY.
(a) Independent Review.--
(1) In general.--The Secretary of Defense shall commission
an independent review of the United States Asia-Pacific
rebalance, with a focus on issues expected to be critical during
the ten-year period beginning on the date of the enactment of
this Act, including the national security interests and military
strategy of the United States in the Asia-Pacific region.
(2) Conduct of review.--The review conducted pursuant to
paragraph (1) shall be conducted by an independent organization
that has--
(A) recognized credentials and expertise in national
security and military affairs; and
(B) access to policy experts throughout the United
States and from the Asia-Pacific region.
(3) Elements.--The review conducted pursuant to paragraph
(1) shall include the following elements:
(A) An assessment of the risks to United States
national security interests in the United States Pacific
Command area of responsibility during the ten-year
period beginning on the date of the enactment of this
Act as a result of changes in the security environment.
(B) An assessment of the current and planned United
States force posture adjustments and the impact of such
adjustments on the strategy to rebalance to the Asia-
Pacific region.
[[Page 128 STAT. 3502]]
(C) An assessment of the current and planned force
posture and adjustments of United States allies and
partners in the region and the impact of such
adjustments on the strategy to rebalance to the Asia-
Pacific region.
(D) An evaluation of the key capability gaps and
shortfalls of the United States and its allies and
partners in the Asia-Pacific region, including undersea
warfare (including submarines), naval and maritime,
ballistic missile defense, cyber, munitions, and
intelligence, surveillance, and reconnaissance
capabilities.
(E) An analysis of the willingness and capacity of
allies, partners, and regional organizations to
contribute to the security and stability of the Asia-
Pacific region, including potential required adjustments
to United States military strategy based on that
analysis.
(F) An appraisal of the Arctic ambitions of actors
in the Asia-Pacific region in the context of current and
projected capabilities, including an analysis of the
adequacy and relevance of the Arctic Roadmap prepared by
the Navy.
(G) An evaluation of theater security cooperation
efforts of the United States Pacific Command in the
context of current and projected threats, and desired
capabilities and priorities of the United States and its
allies and partners.
(H) The views of noted policy leaders and regional
experts, including military commanders, in the Asia-
Pacific region.
(b) Report.--
(1) Submission to the secretary of defense.--Not later than
180 days after the date of the enactment of this Act, the
independent organization that conducted the review pursuant to
subsection (a)(1) shall submit to the Secretary of Defense a
report containing the findings of the review. The report shall
be submitted in classified form, but may contain an unclassified
annex.
(2) Submission to congress.--Not later than 90 days after
the date of receipt of the report required by paragraph (1), the
Secretary of Defense shall submit to the congressional defense
committees the report, together with any comments on the report
that the Secretary considers appropriate.
SEC. 1060. REPEAL OF CERTAIN REPORTING REQUIREMENTS RELATING TO
THE DEPARTMENT OF DEFENSE.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Oversight of procurement, test, and operational plans
for ballistic missile defense programs.--Section 223a is amended
by striking subsection (d).
(2) Annual report on public-private competition.--
(A) Repeal.--Chapter 146 is amended by striking
section 2462.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 146 <<NOTE: 10 USC prec.
2460.>> is amended by striking the item relating to
section 2462.
(b) Display of Annual Budget Requirements for Air Sovereignty Alert
Mission Under Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009.--Section 354 of the Duncan Hunter National Defense
Authorization Act for Fiscal
[[Page 128 STAT. 3503]]
Year 2009 (Public Law 110-417; 122 Stat. 4426; 10 U.S.C. 221 note) is
hereby repealed.
SEC. 1061. <<NOTE: 10 USC 2461 note.>> REPEAL OF REQUIREMENT FOR
COMPTROLLER GENERAL OF THE UNITED STATES
ANNUAL REVIEWS AND REPORT ON PILOT
PROGRAM ON COMMERCIAL FEE-FOR-SERVICE
AIR REFUELING SUPPORT FOR THE AIR FORCE.
Section 1081 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-81; 122 Stat. 335) is amended by striking
subsection (d).
SEC. 1062. REPORT ON ADDITIONAL MATTERS IN CONNECTION WITH REPORT
ON THE FORCE STRUCTURE OF THE UNITED
STATES ARMY.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to
Congress a report on the matters specified in subsection (b) with
respect to the report of the Secretary on the force structure of the
United States Army submitted under section 1066 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1943).
(b) Matters.--The matters specified in this subsection with respect
to the report referred to in subsection (a) are the following:
(1) An update of the planning assumptions and scenarios used
to determine the size and force structure of the Army, including
the reserve components, for the future-years defense program for
fiscal years 2016 through 2020.
(2) An updated evaluation of the adequacy of the proposed
force structure for meeting the goals of the national military
strategy of the United States.
(3) A description of any new alternative force structures
considered, if any, including the assessed advantages and
disadvantages of each and a brief explanation of why those not
selected were rejected.
(4) The estimated resource requirements of each of the new
alternative force structures referred to in paragraph (3).
(5) An updated independent risk assessment of the proposed
Army force structure, to be conducted by the Chief of Staff of
the Army.
(6) A description of plans and actions taken to implement
and apply the recommendations of the Comptroller General of the
United States regarding force reduction analysis and decision
process improvements in the report entitled ``Defense
Infrastructure: Army Brigade Combat Team Inactivations Informed
by Analysis but Actions Needed to Improve Stationing Process''
(GAO-14-76, December 2013) used in the Supplemental Programmatic
Environmental Assessment of the Army.
(7) Such other information or updates as the Secretary
considers appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1063. CERTIFICATION FOR REALIGNMENT OF FORCES AT LAJES AIR
FORCE BASE, AZORES.
Prior to taking any action to realign forces at Lajes Air Force
Base, Azores, the Secretary of Defense shall certify to the
congressional defense committees that--
[[Page 128 STAT. 3504]]
(1) the action is supported by a European Infrastructure
Consolidation Assessment initiated by the Secretary of Defense
on January 25, 2013, including a specific assessment of the
efficacy of Lajes Air Force Base, Azores, in support of the
United States overseas force posture; and
(2) the Secretary of Defense has determined, based on an
analysis of operational requirements, that Lajes Air Force Base
is not an optimal location for United States Special Operations
Command or for United States Africa Command. The certification
shall include a discussion of the basis for such determination.
Subtitle G--Other Matters
SEC. 1071. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments To Title 10, United States Code, to Reflect Enactment
of Title 41, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 2013(a)(1) is amended by striking ``section
6101(b)-(d) of title 41'' and inserting ``section 6101 of title
41''.
(2) Section 2302 is amended--
(A) in paragraph (7), by striking ``section 4 of
such Act'' and inserting ``such section''; and
(B) in paragraph (9)(A)--
(i) by striking ``section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422)''
and inserting ``chapter 15 of title 41''; and
(ii) by striking ``such section'' and
inserting ``such chapter''.
(3) Section 2306a(b)(3)(B) is amended by striking ``section
4(12)(C)(i) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)(C)(i))'' and inserting ``section 103(3)(A) of
title 41''.
(4) Section 2314 is amended by striking ``Sections 6101(b)-
(d)'' and inserting ``Sections 6101''.
(5) Section 2321(f)(2) is amended 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''.
(6) Section 2359b(k)(4)(A) is amended by striking ``section
4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403)'' and inserting ``section 110 of title 41''.
(7) Section 2379 is amended--
(A) in subsections (a)(1)(A), (b)(2)(A), and
(c)(1)(B)(i), 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''; and
(B) in subsections (b) and (c)(1), 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''.
(8) Section 2410m(b)(1) is amended--
(A) in subparagraph (A)(i), by striking ``section 7
of such Act'' and inserting ``section 7104(a) of such
title''; and
[[Page 128 STAT. 3505]]
(B) in subparagraph (B)(ii), by striking ``section 7
of the Contract Disputes Act of 1978'' and inserting
``section 7104(a) of title 41''.
(9) Section 2533(a) is amended by striking ``such Act'' in
the matter preceding paragraph (1) and inserting ``chapter 83 of
such title''.
(10) Section 2533b is amended--
(A) in subsection (h)--
(i) in paragraph (1), by striking ``sections
34 and 35 of the Office of Federal Procurement
Policy Act (41 U.S.C. 430 and 431)'' and inserting
``sections 1906 and 1907 of title 41''; and
(ii) in paragraph (2), 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''; and
(B) in subsection (m)--
(i) in paragraph (2), by striking ``section 4
of the Office of Federal Procurement Policy Act
(41 U.S.C. 403)'' and inserting ``section 105 of
title 41'';
(ii) in paragraph (3), by striking ``section 4
of the Office of Federal Procurement Policy Act
(41 U.S.C. 403)'' and inserting ``section 131 of
title 41''; and
(iii) in paragraph (5), 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''.
(11) Section 2545(1) is amended by striking ``section 4(16)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(16))'' and inserting ``section 131 of title 41''.
(12) Section 7312(f) is amended by striking ``Section 3709
of the Revised Statutes (41 U.S.C. 5)'' and inserting ``Section
6101 of title 41''.
(b) Amendments to Other Defense-related Statutes to Reflect
Enactment of Title 41, United States Code.--
(1) The Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383) is amended as follows:
(A) Section 846(a) (10 U.S.C. 2534 note) is
amended--
(i) by striking ``the Buy American Act (41
U.S.C. 10a et seq.)'' and inserting ``chapter 83
of title 41, United States Code''; and
(ii) by striking ``that Act'' and inserting
``that chapter''.
(B) Section 866 (10 U.S.C. 2302 note) is amended--
(i) in subsection (b)(4)(A), by striking
``section 26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 422)'' and inserting
``chapter 15 of title 41, United States Code'';
and
(ii) in subsection (e)(2)(A), by striking
``section 4(13) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(13))'' and
inserting ``section 110 of title 41, United States
Code''.
(C) Section 893(f)(2) (10 U.S.C. 2302 note) is
amended by striking ``section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422)'' and
inserting ``chapter 15 of title 41, United States
Code''.
[[Page 128 STAT. 3506]]
(2) The National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) is amended as follows:
(A) Section 805(c)(1) (10 U.S.C. 2330 note) is
amended--
(i) in subparagraph (A), by striking ``section
4(12)(E) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(E))'' and inserting
``section 103(5) of title 41, United States
Code''; and
(ii) in subparagraph (C)(i), by striking
``section 4(12)(F) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)(F))''
and inserting ``section 103(6) of title 41, United
States Code''.
(B) Section 821(b)(2) (10 U.S.C. 2304 note) is
amended 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''.
(C) Section 847 (10 U.S.C. 1701 note) is amended--
(i) in subsection (a)(5), by striking
``section 27(e) of the Office of Federal
Procurement Policy Act (41 U.S.C. 423(e))'' and
inserting ``section 2105 of title 41, United
States Code'';
(ii) in subsection (c)(1), by striking
``section 4(16) of the Office of Federal
Procurement Policy Act'' and inserting ``section
131 of title 41, United States Code''; and
(iii) in subsection (d)(1), by striking
``section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423)'' and inserting
``chapter 21 of title 41, United States Code''.
(D) Section 862 (10 U.S.C. 2302 note) is amended--
(i) in subsection (b)(1), by striking
``section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421)'' and inserting
``section 1303 of title 41, United States Code'';
and
(ii) in subsection (d)(1), by striking
``section 6(j) of the Office of Federal
Procurement Policy Act (41 U.S.C. 405(j))'' and
inserting ``section 1126 of title 41, United
States Code''.
(3) The John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364) is amended as follows:
(A) Section 832(d)(3) (10 U.S.C. 2302 note) is
amended by striking ``section 8(b) of the Service
Contract Act of 1965 (41 U.S.C. 357(b))'' and inserting
``section 6701(3) of title 41, United States Code''.
(B) Section 852(b)(2)(A)(ii) (10 U.S.C. 2324 note)
is amended 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''.
(4) Section 8118 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 10 U.S.C. 2533a note) is amended
by striking ``section 34 of the Office of Federal Procurement
Policy Act (41 U.S.C. 430)'' and inserting ``section 1906 of
title 41, United States Code''.
(5) The National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136) is amended as follows:
[[Page 128 STAT. 3507]]
(A) Section 812(b)(2) (10 U.S.C. 2501 note) is
amended by striking ``section 6(d)(4)(A) of the Office
of Federal Procurement Policy Act (41 U.S.C.
405(d)(4)(A))'' and inserting ``section 1122(a)(4)(A) of
title 41, United States Code''.
(B) Section 1601(c) (10 U.S.C. 2358 note) is
amended--
(i) in paragraph (1)(A), by striking ``section
32A of the Office of Federal Procurement Policy
Act, as added by section 1443 of this Act'' and
inserting ``section 1903 of title 41, United
States Code''; and
(ii) in paragraph (2)(B), by striking
``Subsections (a) and (b) of section 7 of the
Anti-Kickback Act of 1986 (41 U.S.C. 57(a) and
(b))'' and inserting ``Section 8703(a) of title
41, United States Code''.
(6) Section 8025(c) of the Department of Defense
Appropriations Act, 2004 (Public Law 108-87; 10 U.S.C. 2410d
note), is amended by striking ``the Javits-Wagner-O'Day Act (41
U.S.C. 46-48)'' and inserting ``chapter 85 of title 41, United
States Code''.
(7) Section 817(e)(1)(B) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2306a note) is amended by striking ``section 26(f)(5)(B)
of the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)(5)(B))'' and inserting ``section 1502(b)(3)(B) of title
41, United States Code''.
(8) Section 801(f)(1) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2330
note) is amended by striking ``section 16(3) of the Office of
Federal Procurement Policy Act (41 U.S.C. 414(3))'' and
inserting ``section 1702(c) of title 41, United States Code''.
(9) Section 803(d) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 2306a note) is amended by striking ``subsection (b)(1)(B)
of section 304A of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254b)'' and inserting ``section
3503(a)(2) of title 41, United States Code''.
(10) Section 848(e)(1) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2304
note) is amended by striking ``section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428)'' and inserting
``section 1902 of title 41, United States Code''.
(11) Section 722(b)(2) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073
note) is amended by striking ``section 25(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 421(c))'' and
inserting ``section 1303(a) of title 41, United States Code''.
(12) Section 3412(k) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106, 10 U.S.C. 7420
note) is amended by striking ``section 303(c) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(c))'' and inserting ``section 3304(a) of title 41, United
States Code''.
(13) Section 845 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note)
is amended--
(A) in subsection (a)(2)(A), by striking ``section
16(c) of the Office of Federal Procurement Policy Act
(41 U.S.C.
[[Page 128 STAT. 3508]]
414(c))'' and inserting ``section 1702(c) of title 41,
United States Code,'';
(B) in subsection (d)(1)(B)(ii), by striking
``section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3))'' and inserting ``section
1702(c) of title 41, United States Code'';
(C) in subsection (e)(2)(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
(D) in subsection (h), by striking ``section 27 of
the Office of Federal Procurement Policy Act (41 U.S.C.
423)'' and inserting ``chapter 21 of title 41, United
States Code''.
(14) Section 326(c)(2) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2302
note) is amended by striking ``section 25(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 421(c))'' and
inserting ``section 1303(a) of title 41, United States Code''.
(15) Section 806 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2302 note) is amended--
(A) in subsection (b), by striking ``section 4(12)
of the Office of Federal Procurement Policy Act'' and
inserting ``section 103 of title 41, United States
Code''; and
(B) in subsection (c)--
(i) by striking ``section 25(a) of the Office
of Federal Procurement Policy Act'' and inserting
``section 1302(a) of title 41, United States
Code''; and
(ii) by striking ``section 25(c)(1) of the
Office of Federal Procurement Policy Act (41
U.S.C. 421(c)(1))'' and inserting ``section
1303(a)(1) of such title 41''.
(16) Section 831 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note)
is amended--
(A) by designating the subsection after subsection
(k), relating to definitions, as subsection (l); and
(B) in paragraph (8) of that subsection, by striking
``the first section of the Act of June 25, 1938 (41
U.S.C. 46; popularly known as the `Wagner-O'Day Act')''
and inserting ``section 8502 of title 41, United States
Code''.
(c) Amendments to Title 10, United States Code, To Reflect
Reclassification of Provisions of Law Codified in Title 50, United
States Code.--Title 10, United States Code, is amended as follows:
(1) Sections 113(b), 125(a), and 155(d) are amended by
striking ``(50 U.S.C. 401)'' and inserting ``(50 U.S.C. 3002)''.
(2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1),
153(b)(1)(C)(i), 231(b)(1), 231a(c)(1), and 2501(a)(1)(A) are
amended by striking ``(50 U.S.C. 404a)'' and inserting ``(50
U.S.C. 3043)''.
(3) Sections 167(g), 421(c), and 2557(c) are amended by
striking ``(50 U.S.C. 413 et seq.)'' and inserting ``(50 U.S.C.
3091 et seq.)''.
(4) Section 201(b)(1) is amended by striking ``(50 U.S.C.
403-6(b))'' and inserting ``(50 U.S.C. 3041(b))''.
(5) Section 429 is amended--
[[Page 128 STAT. 3509]]
(A) in subsection (a), by striking ``Section 102A of
the National Security Act of 1947 (50 U.S.C. 403-1)''
and inserting ``section 102A of the National Security
Act of 1947 (50 U.S.C. 3024)''; and
(B) in subsection (e), by striking ``(50 U.S.C.
401a(4))'' and inserting ``(50 U.S.C. 3003(4))''.
(6) Section 442(d) is amended by striking ``(50 U.S.C.
404e(a))'' and inserting ``(50 U.S.C. 3045(a))''.
(7) Section 444 is amended--
(A) in subsection (b)(2), by striking ``(50 U.S.C.
403o)'' and inserting ``(50 U.S.C. 3515)''; and
(B) in subsection (e)(2)(B), by striking ``(50
U.S.C. 403a et seq.)'' and inserting ``(50 U.S.C. 3501
et seq.)''.
(8) Section 457 is amended--
(A) in subsection (a), by striking ``(50 U.S.C.
431)'' and inserting ``(50 U.S.C. 3141)''; and
(B) in subsection (c), by striking ``(50 U.S.C.
431(b))'' and inserting ``(50 U.S.C. 3141(b))''.
(9) Sections 462, 1599a(a), and 1623(a) are amended by
striking ``(50 U.S.C. 402 note)'' and inserting ``(50 U.S.C.
3614)''.
(10) Sections 491(c)(3), 494(d)(1), 496(a)(1), 2409(e)(1)
are amended by striking ``(50 U.S.C. 401a(4))'' and inserting
``(50 U.S.C. 3003(4))''.
(11) Section 1605(a)(2) is amended by striking ``(50 U.S.C.
403r)'' and inserting ``(50 U.S.C. 3518)''.
(12) Section 2723(d)(2) is amended by striking ``(50 U.S.C.
413)'' and inserting ``(50 U.S.C. 3091)''.
(d) Amendments to Other Defense-Related Statutes To Reflect
Reclassification of Provisions of Law Codified in Title 50, United
States Code.--
(1) The following provisions of law are amended by striking
``(50 U.S.C. 401a(4))'' and inserting ``(50 U.S.C. 3003(4))'':
(A) Section 911(3) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2271 note).
(B) Sections 801(b)(3) and 911(e)(2) of the National
Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 2304 note; 2271 note).
(C) Section 812(e) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 10 U.S.C. 2501 note).
(2) Section 901(d) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 137 note) is amended by striking ``(50 U.S.C. 401 et
seq.)'' and inserting ``(50 U.S.C. 3001 et seq.)''.
(e) Date of Enactment References.--Title 10, United States Code, is
amended as follows:
(1) Section 1218(d)(3) is amended by striking ``on the date
that is five years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2010'' and
inserting ``on October 28, 2014''.
(2) Section 1566a(a) is amended by striking ``Not later than
180 days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010 and under'' and inserting
``Under''.
(3) Section 2275(d) is amended--
[[Page 128 STAT. 3510]]
(A) in paragraph (1), by striking ``before the date
of the enactment of the National Defense Authorization
Act for Fiscal Year 2013'' and inserting ``before
January 2, 2013''; and
(B) in paragraph (2), by striking ``on or after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2013'' and inserting
``on or after January 2, 2013''.
(4) Section 2601a(e) is amended by striking ``after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2012'' and inserting ``after December 31, 2011,''.
(5) Section 6328(c) is amended by striking ``on or after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2010'' and inserting ``on or after October 28,
2009,''.
(f) Other Technical Corrections to Title 10, United States Code.--
Title 10, United States Code, is amended as follows:
(1) Section 118 is amended by striking subsection (g).
(2) <<NOTE: 10 USC prec. 121.>> The table of sections at the
beginning of chapter 3 is amended--
(A) by striking the item relating to section 130e
and inserting the following new item:
``130e. Treatment under Freedom of Information Act of certain critical
infrastructure security information.''; and
(B) by striking the item relating to section 130f
and inserting the following new item:
``130f. Congressional notification of sensitive military operations.''.
(3) The table of sections at the beginning of
chapter <<NOTE: 10 USC prec. 171.>> 7 is amended by inserting a
period at the end of the item relating to section 189.
(4) Section 189(c)(1) is amended by striking ``139c'' and
inserting ``2430(a)''.
(5) Section 407(a)(3)(A) is amended by striking the comma
after ``as applicable''.
(6) Section 429(c) is amended by striking ``act'' and
inserting ``law''.
(7) Section 488(a) is amended by inserting a comma after
``Every three years''.
(8) Section 674(b) is amended by striking ``afer'' and
inserting ``after''.
(9) Section 949i(b) is amended by striking ``,,'' and
inserting a comma.
(10) Section 950b(b)(2)(A) is amended by striking ``give''
and inserting ``given''.
(11) Section 1040(a)(1) is amended by striking ``..'' and
inserting a period.
(12) Section 1044(d)(2) is amended by striking ``..'' and
inserting a period.
(13) Section 1074m(a)(2) is amended by striking
``subparagraph'' in the matter preceding subparagraph (A) and
inserting ``subparagraphs''.
(14) Section 1154(a)(2)(A)(ii) is amended by striking
``U.S.C.1411'' and inserting ``U.S.C. 1411''.
(15) Section 1513(1) is amended in the last sentence by
striking ``subsection (b)'' and inserting ``subsection (c)''.
[[Page 128 STAT. 3511]]
(16) Section 2222(g)(3) is amended by striking ``(A)'' after
``(3)''.
(17) Section 2335(d) is amended--
(A) by designating the last sentence of paragraph
(2) as paragraph (3); and
(B) in paragraph (3), as so designated--
(i) by inserting before ``each of'' the
following paragraph heading: ``Other terms.--''.
(ii) by striking ``the term'' and inserting
``that term''; and
(iii) by striking ``Federal Campaign'' and
inserting ``Federal Election Campaign''.
(18) Section 2430(c)(2) is amended by striking ``section
2366a(a)(4)'' and inserting ``section 2366a(a)(6)''.
(19) Section 2601a is amended--
(A) in subsection (a)(1), by striking ``issue'' and
inserting ``prescribe''; and
(B) in subsection (d), by striking ``issued'' and
inserting ``prescribed''.
(20) Section 2371 is amended by striking subsection (h).
(21) The item relating to section 2642 in the table of
sections at the beginning of chapter 157 <<NOTE: 10 USC prec.
2631.>> is amended by striking ``rates'' and inserting ``rate''.
(22) Section 2642(a)(3) is amended by inserting ``and''
after ``Department of Defense''.
(23) Section 2684a(h) is amended by inserting ``670'' after
``U.S.C.''.
(24) Section 2853(c)(1)(A) is amended by striking ``can be
still be'' and inserting ``can still be''.
(25) Section 2866(a)(4)(A) is amended by striking
``repayed'' and inserting ``repaid''.
(26) Section 2884(c) is amended by striking ``on
evaluation'' in the matter preceding paragraph (1) and inserting
``an evaluation''.
(27) Section 7292(d)(2) is amended by striking ``section
1024(a)'' and inserting ``section 1018(a)''.
(g) <<NOTE: 10 USC 153 note.>> National Defense Authorization Act
for Fiscal Year 2014.--Effective as of December 26, 2013, and as if
included therein as enacted, the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66) is amended as follows:
(1) Section 314 (127 Stat. 729) <<NOTE: 10 USC 2701
note.>> is amended by striking ``Section 317(c)(2)'' and
inserting ``Section 317(d)(2)''.
(2) Section 812(a)(3)(B) (127 Stat. 807) <<NOTE: 10 USC
2432.>> is amended by inserting ``the first place it appears''
before the semicolon.
(3) <<NOTE: 10 USC 153.>> Section 905(b) (127 Stat. 818) is
amended by striking ``training, and education'' and inserting
``Training, and education''.
(4) Section 1073(a)(2)(B) (127 Stat. 869) <<NOTE: 10 USC
2642.>> is amended by striking ``and'' after ``inserting''.
(5) Section 1709(b)(1)(B) (127 Stat. 962; 10 U.S.C. 113
note) is amended by striking ``of'' after ``such''.
(6) Section 2712 (127 Stat. 1004) is repealed.
(7) Section 2809(a) (127 Stat. 1013) is amended by striking
``subjection'' and inserting ``subsection''.
(8) Section 2966 (127 Stat. 1042) is amended in the section
heading by striking ``title'' and inserting ``administrative
jurisdiction''.
[[Page 128 STAT. 3512]]
(9) Section 2971(a) (127 Stat. 1044) is amended--
(A) by striking ``the map'' and inserting ``the
maps''; and
(B) by striking ``the mineral leasing laws, and the
geothermal leasing laws'' and inserting ``and the
mineral leasing laws''.
(10) Section 2972(d)(1) (127 Stat. 1045) is amended--
(A) in subparagraph (A), by inserting ``public''
before ``land''; and
(B) in subparagraph (B), by striking ``public''.
(11) Section 2977(c)(3) (127 Stat. 1047) is amended by
striking ``; and'' and inserting a period.
(h) <<NOTE: 37 USC 403 note.>> National Defense Authorization Act
for Fiscal Year 2013.--Effective as of January 2, 2013, and as if
included therein as enacted, section 604(b)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1774) is amended by striking ``on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2013'' and inserting
``on January 2, 2013,''.
(i) Ike Skelton National Defense Authorization Act for Fiscal Year
2011.--Section 1631(b)(6) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C.
1561 note) is amended by striking ``section 596(b) of such Act'' and
inserting ``section 596(b) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 1561 note)''.
(j) Strategic and Critical Materials Stock Piling Act.--Section
11(b)(2) of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-2(b)(2)) is amended by striking ``under section 9(b)(2)(G)''
and inserting ``under section 9(b)(2)(H)''.
(k) <<NOTE: 10 USC 101 note.>> Coordination With Other Amendments
Made by This Act.--For purposes of applying amendments made by
provisions of this Act other than this section, the amendments made by
this section shall be treated as having been enacted immediately before
any such amendments by other provisions of this Act.
SEC. 1072. REFORM OF QUADRENNIAL DEFENSE REVIEW.
(a) In General.--
(1) Reform.--Section 118 of title 10, United States Code, is
amended to read as follows:
``Sec. 118. Defense Strategy Review
``(a) Defense Strategy Review.--
``(1) Review required.--Every four years, during a year
following a year evenly divisible by four, the Secretary of
Defense shall conduct a comprehensive examination (to be known
as a `Defense Strategy Review') of the national defense
strategy, force structure, modernization plans, posture,
infrastructure, budget plan, and other elements of the defense
program and policies of the United States with a view toward
determining and expressing the defense strategy of the United
States and establishing a defense program. Each such Defense
Strategy Review shall be conducted in consultation with the
Chairman of the Joint Chiefs of Staff.
``(2) Conduct of review.--Each Defense Strategy Review shall
be conducted so as to--
[[Page 128 STAT. 3513]]
``(A) delineate a national defense strategy in
support of the most recent National Security Strategy
prescribed by the President pursuant to section 108 of
the National Security Act of 1947 (50 U.S.C. 3043);
``(B) provide a mechanism for--
``(i) setting priorities for sizing and
shaping the force, guiding the development and
sustainment of capabilities, allocating resources,
and adjusting the organization of the Department
of Defense to respond to changes in the strategic
environment;
``(ii) monitoring, assessing, and holding
accountable agencies within the Department of
Defense for the development of policies and
programs that support the national defense
strategy;
``(iii) integrating and supporting other
national and related interagency security policies
and strategies with other Department of Defense
guidance, plans, and activities; and
``(iv) communicating such national defense
strategy to Congress, relevant United States
Government agencies, allies and international
partners, and the private sector;
``(C) consider three general timeframes of the near-
term (associated with the future-years defense program),
mid-term (10 to 15 years), and far-term (20 years);
``(D) address the security environment, threats,
trends, opportunities, and challenges, and define the
nature and magnitude of the strategic and military risks
associated with executing the national defense strategy
by using the most recent net assessment submitted by the
Secretary of Defense under section 113 of this title,
the risk assessment submitted by Chairman of the Joint
Chiefs of Staff under section 153 of this title, and, as
determined necessary or useful by the Secretary, any
other Department of Defense, Government, or non-
government strategic or intelligence estimate,
assessment, study, or review;
``(E) define the force size and structure,
capabilities, modernization plans, posture,
infrastructure, readiness, organization, and other
elements of the defense program of the Department of
Defense that would be required to execute missions
called for in such national defense strategy;
``(F) to the extent practical, estimate the budget
plan sufficient to execute the missions called for in
such national defense strategy;
``(G) define the nature and magnitude of the
strategic and military risks associated with executing
such national defense strategy; and
``(H) understand the relationships and tradeoffs
between missions, risks, and resources.
``(3) Submission of report on defense strategy review to
congressional committees.--The Secretary shall submit a report
on each Defense Strategy Review to the Committees on Armed
Services of the Senate and the House of Representatives. Each
such report shall be submitted by not later than March 1 of the
year following the year in which the review is conducted. If the
year in which the review is conducted
[[Page 128 STAT. 3514]]
is in the second term of a President, the Secretary may submit
an update to the Defense Strategy Review report submitted during
the first term of that President.
``(4) Elements.--The report required by paragraph (3) shall
provide a comprehensive discussion of the Review, including each
of the following:
``(A) The national defense strategy of the United
States.
``(B) The assumed or defined prioritized national
security interests of the United States that inform the
national defense strategy defined in the Review.
``(C) The assumed strategic environment, including
the threats, developments, trends, opportunities, and
challenges that affect the assumed or defined national
security interests of the United States.
``(D) The assumed steady state activities, crisis
and conflict scenarios, military end states, and force
planning construct examined in the review.
``(E) The prioritized missions of the armed forces
under the strategy and a discussion of the roles and
missions of the components of the armed forces to carry
out those missions.
``(F) The assumed roles and capabilities provided by
other United States Government agencies and by allies
and international partners.
``(G) The force size and structure, capabilities,
posture, infrastructure, readiness, organization, and
other elements of the defense program that would be
required to execute the missions called for in the
strategy.
``(H) An assessment of the significant gaps and
shortfalls between the force size and structure,
capabilities, and additional elements as required by
subparagraph (G) and the current elements in the
Department's existing program of record, a
prioritization of those gaps and shortfalls, and an
understanding of the relationships and tradeoffs between
missions, risks, and resources.
``(I) An assessment of the risks assumed by the
strategy, including--
``(i) how the Department defines, categorizes,
and measures risk, including strategic and
military risk; and
``(ii) the plan for mitigating major
identified risks, including the expected timelines
for, and extent of, any such mitigation, and the
rationale for where greater risk is accepted.
``(J) Any other key assumptions and elements
addressed in the review or that the Secretary considers
necessary to include.
``(5) CJCS review.--(A) Upon the completion of each Review
under this subsection, the Chairman of the Joint Chiefs of Staff
shall prepare and submit to the Secretary of Defense the
Chairman's assessment of risks under the defense strategy
developed by the Review and a description of the capabilities
needed to address such risks.
``(B) The Chairman's assessment shall be submitted to the
Secretary in time for the inclusion of the assessment in the
report on the Review required by paragraph (3). The Secretary
[[Page 128 STAT. 3515]]
shall include the Chairman's assessment, together with the
Secretary's comments, in the report in its entirety.
``(6) Form.--The report required under paragraph (3) shall
be submitted in unclassified form, but may include a classified
annex if the Secretary determines it is necessary to protect
national security.
``(b) National Defense Panel.--
``(1) Establishment.--Not later than February 1 of a year
following a year evenly divisible by four, there shall be
established an independent panel to be known as the National
Defense Panel (in this subsection referred to as the `Panel').
The Panel shall have the duties set forth in this subsection.
``(2) Membership.--The Panel shall be composed of ten
members from private civilian life who are recognized experts in
matters relating to the national security of the United States.
Eight of the members shall be appointed as follows:
``(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
``(B) Two by the chairman of the Committee on Armed
Services of the Senate.
``(C) Two by the ranking member of the Committee on
Armed Services of the House of Representatives.
``(D) Two by the ranking member of the Committee on
Armed Services of the Senate.
``(3) Co-chairs of the panel.--In addition to the members
appointed under paragraph (2), the Secretary of Defense shall
appoint two members from private civilian life to serve as co-
chairs of the panel.
``(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Panel. Any vacancy in the Panel
shall be filled in the same manner as the original appointment.
``(5) Duties.--The Panel shall have the following duties
with respect to a Defense Strategy Review conducted under
subsection (a):
``(A) Assessing the current and future security
environment, including threats, trends, developments,
opportunities, challenges, and risks, by using the most
recent net assessment submitted by the Secretary of
Defense under section 113 of this title, the risk
assessment submitted by Chairman of the Joint Chiefs of
Staffs under section 153 of this title, and, as
determined necessary or useful by the Panel, any other
Department of Defense, Government, or non-government
strategic or intelligence estimate, assessment, study,
review, or expert.
``(B) Suggesting key issues that should be addressed
in the Defense Strategy Review.
``(C) Based upon the assessment under subparagraph
(A), identifying and discussing the national security
interests of the United States and the role of the armed
forces and the Department of Defense related to the
protection or promotion of those interests.
``(D) Assessing the report on the Defense Strategy
Review submitted by the Secretary of Defense under
subsection (a)(3).
[[Page 128 STAT. 3516]]
``(E) Assessing the assumptions, strategy, findings,
and risks of the report on the Defense Strategy Review
submitted under subsection (a)(3).
``(F) Considering alternative defense strategies.
``(G) Assessing the force structure and
capabilities, posture, infrastructure, readiness,
organization, budget plans, and other elements of the
defense program of the United States to execute the
missions called for in the Defense Strategy Review and
in the alternative strategies considered under
subparagraph (F).
``(H) Providing to Congress and the Secretary of
Defense, in the report required by paragraph (7), any
recommendations it considers appropriate for their
consideration.
``(6) First meeting.--If the Secretary of Defense has not
made the Secretary's appointments to the Panel under paragraph
(3) by March 1 of a year in which the Panel is established, the
Panel shall convene for its first meeting with the remaining
members.
``(7) Reports.--Not later than three months after the date
on which the report on a Defense Strategy Review is submitted
under paragraph (3) of subsection (a) to the committees of
Congress referred to in such paragraph, the Panel shall submit
to such committees a report on the Panel's assessment of such
Defense Strategy Review, as required by paragraph (5).
``(8) Administrative provisions.--The following
administrative provisions apply to a Panel established under
paragraph (1):
``(A) The Panel may request directly from the
Department of Defense and any of its components such
information as the Panel considers necessary to carry
out its duties under this subsection. The head of the
department or agency concerned shall cooperate with the
Panel to ensure that information requested by the Panel
under this paragraph is promptly provided to the maximum
extent practical.
``(B) Upon the request of the co-chairs, the
Secretary of Defense shall make available to the Panel
the services of any federally funded research and
development center that is covered by a sponsoring
agreement of the Department of Defense.
``(C) The Panel shall have the authorities provided
in section 3161 of title 5 and shall be subject to the
conditions set forth in such section.
``(D) Funds for activities of the Panel shall be
provided from amounts available to the Department of
Defense.
``(9) Termination.--A Panel established under paragraph (1)
shall terminate 45 days after the date on which the Panel
submits its report on a Defense Strategy Review under paragraph
(7).''.
(2) Clerical amendment.--The item relating to section 118 at
the beginning of chapter 2 of such title <<NOTE: 10 USC prec.
111.>> is amended to read as follows:
``118. Defense Strategy Review.''.
(b) Repeal of Quadrennial Roles and Missions Review.--
[[Page 128 STAT. 3517]]
(1) Repeal.--Chapter 2 of such title is amended by striking
section <<NOTE: 10 USC 118b.>> 118b.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC prec. 111.>> is amended
by striking the item relating to section 118b.
(c) <<NOTE: 10 USC 118 note.>> Effective Date.--Section 118 of such
title, as amended by subsection (a), and the amendments made by this
section, shall take effect on October 1, 2015.
(d) <<NOTE: 10 USC 118 note.>> Additional Requirement for Next
Defense Strategy Review.--The first Defense Strategy Review required by
subsection (a)(1) of section 118 of title 10, United States Code, as
amended by subsection (a) of this section, shall include an analysis of
enduring mission requirements for equipping, training, sustainment, and
other operation and maintenance activities of the Department of Defense,
including the Defense Agencies and military departments, that are
financed by amounts authorized to be appropriated for overseas
contingency operations.
SEC. 1073. BIENNIAL SURVEYS OF DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES ON WORKPLACE AND GENDER
RELATIONS MATTERS.
(a) Surveys Required.--
(1) In general.--Chapter 23 of title 10, United States Code,
is amended by inserting after section 481 the following new
section:
``Sec. 481a. <<NOTE: 10 USC 481a.>> Workplace and gender relations
issues: surveys of Department of Defense
civilian employees
``(a) In General.--(1) The Secretary of Defense shall carry out
every other fiscal year a survey of civilian employees of the Department
of Defense to solicit information on gender issues, including issues
relating to gender-based assault, harassment, and discrimination, and
the climate in the Department for forming professional relationships
between male and female civilian employees of the Department.
``(2) Each survey under this section shall be known as a `Department
of Defense Civilian Employee Workplace and Gender Relations Survey'.
``(b) Elements.--Each survey conducted under this section shall be
conducted so as to solicit information on the following:
``(1) Indicators of positive and negative trends for
professional and personal relationships between male and female
civilian employees of the Department of Defense.
``(2) The specific types of assault on civilian employees of
the Department by other personnel of the Department (including
contractor personnel) that have occurred, and the number of
times each respondent has been so assaulted during the preceding
fiscal year.
``(3) The effectiveness of Department policies designed to
improve professional relationships between male and female
civilian employees of the Department.
``(4) The effectiveness of current processes for complaints
on and investigations into gender-based assault, harassment, and
discrimination involving civilian employees of the Department.
[[Page 128 STAT. 3518]]
``(5) Any other issues relating to assault, harassment, or
discrimination involving civilian employees of the Department
that the Secretary considers appropriate.
``(c) Report to Congress.--Upon the completion of a survey under
this section, the Secretary shall submit to Congress a report containing
the results of the survey.''.
(2) <<NOTE: 10 USC prec. 48.>> Clerical amendment.--The
table of sections at the beginning of chapter 23 of such title
is amended by inserting after the item relating to section 481
the following new item:
``481a. Workplace and gender relations issues: surveys of Department of
Defense civilian employees.''.
(3) <<NOTE: 10 USC 481a note.>> Initial survey.--The
Secretary of Defense shall carry out the first survey required
by section 481a of title 10, United States Code (as added by
this subsection), during fiscal year 2016.
(b) Report on Feasibility of Similar Surveys of Military Dependents
and Department of Defense Contractors.--
(1) 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 an assessment by the
Secretary of the feasibility of conducting recurring surveys of
each population specified in paragraph (2) on issues relating to
gender-based assault, harassment, and discrimination.
(2) Covered populations.--The populations specified in this
paragraph are the following:
(A) Military dependents.
(B) Contractors of the Department of Defense.
SEC. 1074. REVISION TO STATUTE OF LIMITATIONS FOR AVIATION
INSURANCE CLAIMS.
(a) In General.--Section 44309 of title 49, United States Code, is
amended--
(1) in subsection (a)(2), by adding at the end the following
new sentence: ``A civil action shall not be instituted against
the United States under this chapter unless the claimant first
presents the claim to the Secretary of Transportation and such
claim is finally denied by the Secretary in writing and notice
of the denial of such claim is sent by certified or registered
mail.''; and
(2) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Time Requirements.--(1) Except as provided under paragraph
(2), an insurance claim made under this chapter against the United
States shall be forever barred unless it is presented in writing to the
Secretary of Transportation within two years after the date on which the
loss event occurred. Any civil action arising out of the denial of such
a claim shall be filed by not later than six months after the date of
the mailing, by certified or registered mail, of notice of final denial
of the claim by the Secretary.
``(2)(A) For claims based on liability to persons with whom the
insured has no privity of contract, an insurance claim made under the
authority of this chapter against the United States shall be forever
barred unless it is presented in writing to the Secretary of
Transportation by not later than the earlier of--
[[Page 128 STAT. 3519]]
``(i) the date that is 60 days after the date on which final
judgment is entered by a tribunal of competent jurisdiction; or
``(ii) the date that is six years after the date on which
the loss event occurred.
``(B) Any civil action arising out of the denial of such claim shall
be filed by not later than six months after the date of mailing, by
certified or registered mail, of notice of final denial of the claim by
the Secretary.
``(3) A claim made under this chapter shall be deemed to be
administratively denied if the Secretary fails to make a final
disposition of the claim before the date that is 6 months after the date
on which the claim is presented to the Secretary, unless the Secretary
makes a different agreement with the claimant when there is good cause
for an agreement.''.
(b) <<NOTE: 47 USC 44309 note.>> Applicability.--The amendments made
by subsection (a) shall apply with respect to a claim arising after the
date of the enactment of this Act.
SEC. 1075. <<NOTE: 10 USC 3013 note.>> PILOT PROGRAM FOR THE HUMAN
TERRAIN SYSTEM.
(a) Pilot Program Required.--The Secretary of the Army may carry out
a pilot program under which the Secretary utilizes Human Terrain System
assets in the United States Pacific Command area of responsibility to
support phase 0 shaping operations and the theater security cooperation
plans of the Commander of the United States Pacific Command.
(b) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report on the
status of the pilot program under this section. Such report
shall include the independent analysis and recommendations of
the Commander of the United States Pacific Command regarding the
effectiveness of the program and how it could be improved.
(2) Final report.--Not later than December 1, 2016, the
Secretary of the Army shall submit to the congressional defense
committees a final report on the pilot program. Such report
shall include an analysis of the comparative value of human
terrain information relative to other analytic tools and
techniques, recommendations regarding expanding the program to
include other combatant commands, and any improvements to the
program and necessary resources that would enable expanding the
program.
(c) Termination.--The authority to carry out a pilot program under
this section shall terminate on September 30, 2016.
SEC. 1076. <<NOTE: 10 USC 113 note.>> CLARIFICATION OF POLICIES ON
MANAGEMENT OF SPECIAL USE AIRSPACE OF
DEPARTMENT OF DEFENSE.
(a) Issuance of Guidance.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall issue guidance
to clarify the policies of the Department of Defense with respect to--
(1) the appropriate management of special use airspace
managed by the Department; and
(2) governing access by non-Department users to such special
use airspace.
[[Page 128 STAT. 3520]]
(b) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees a briefing on the status of implementing the guidance
issued under subsection (a).
SEC. 1077. DEPARTMENT OF DEFENSE POLICIES ON COMMUNITY INVOLVEMENT
IN DEPARTMENT COMMUNITY OUTREACH EVENTS.
(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 House of Representatives
a report setting forth such recommendations as the Secretary considers
appropriate for modifications of the policies of the Department of
Defense on the involvement of non-Federal entities in Department
community outreach events (including air shows, parades, open houses,
and performances by military musical units) that feature any unit,
aircraft, vessel, equipment, or members of the Armed Forces in order to
increase the involvement of non-Federal entities in such events.
(b) Consultation.--The Secretary shall prepare the report required
by subsection (a) in consultation with the Director of the Office of
Government Ethics.
(c) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of current Department of Defense policies
and regulations on the acceptance and use of voluntary gifts,
donations, sponsorships, and other forms of support from non-
Federal entities and persons for Department community outreach
events described in subsection (a), including the authorities or
requirements of the Department to accept fees for such air
shows, parades, open houses, and performances by military
musical units.
(2) Recommendations for modifications of such policies and
regulations in order to permit additional voluntary support and
funding from non-Federal entities for such events, including
recommendations on matters such as increased recognition of
donors, authority for military units to endorse the fundraising
efforts of certain donors, and authority for the Armed Forces to
charge fees or solicit and accept donations for parking and
admission to such events.
SEC. 1078. <<NOTE: 10 USC 2224 note.>> NOTIFICATION OF FOREIGN
THREATS TO INFORMATION TECHNOLOGY
SYSTEMS IMPACTING NATIONAL SECURITY.
(a) Notification Required.--
(1) In general.--Not later than 30 days after the Secretary
of Defense determines, through the use of open source
information or the use of existing authorities (including
section 806 of the National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 124 Stat. 4260; 10 U.S.C. 2304
note)), that there is evidence of a national security threat
described in paragraph (2), the Secretary shall submit to the
congressional defense committees a notification of such threat.
(2) National security threat.--A national security threat
described in this paragraph is a threat to an information
technology or telecommunications component or network by an
agent of a foreign power in which the compromise of such
technology, component, or network poses a significant risk to
[[Page 128 STAT. 3521]]
the programs and operations of the Department of Defense, as
determined by the Secretary of Defense.
(3) Form.--A notification under this subsection shall be
submitted in classified form.
(b) Action Plan Required.--In the event that a notification is
submitted pursuant to subsection (a), the Secretary shall work with the
head of any department or agency affected by the national security
threat to develop a plan of action for responding to the concerns
leading to the notification.
(c) Agent of a Foreign Power.--In this section, the term ``agent of
a foreign power'' has the meaning given such term in section 101(b) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)).
SEC. 1079. <<NOTE: 38 USC 2101 note.>> PILOT PROGRAM TO
REHABILITATE AND MODIFY HOMES OF
DISABLED AND LOW-INCOME VETERANS.
(a) Definitions.--In this section:
(1) Disabled.--The term ``disabled'' means an individual
with a disability, as defined by section 12102 of title 42,
United States Code.
(2) Eligible veteran.--The term ``eligible veteran'' means a
disabled or low-income veteran.
(3) Energy efficient features or equipment.--The term
``energy efficient features or equipment'' means features of, or
equipment in, a primary residence that help reduce the amount of
electricity used to heat, cool, or ventilate such residence,
including insulation, weatherstripping, air sealing, heating
system repairs, duct sealing, or other measures.
(4) Low-income veteran.--The term ``low-income veteran''
means a veteran whose income does not exceed 80 percent of the
median income for an area, as determined by the Secretary.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is--
(A) described in section 501(c)(3) or 501(c)(19) of
the Internal Revenue Code of 1986; and
(B) exempt from tax under section 501(a) of such
Code.
(6) Primary residence.--
(A) In general.--The term ``primary residence''
means a single family house, a duplex, or a unit within
a multiple-dwelling structure that is the principal
dwelling of an eligible veteran and is owned by such
veteran or a family member of such veteran.
(B) Family member defined.--For purposes of this
paragraph, the term ``family member'' includes--
(i) a spouse, child, grandchild, parent, or
sibling;
(ii) a spouse of such a child, grandchild,
parent, or sibling; or
(iii) any individual related by blood or
affinity whose close association with a veteran is
the equivalent of a family relationship.
(7) Qualified organization.--The term ``qualified
organization'' means a nonprofit organization that provides
nationwide or statewide programs that primarily serve veterans
or low-income individuals.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
[[Page 128 STAT. 3522]]
(9) Veteran.--The term ``veteran'' has the meaning given the
term in section 101 of title 38, United States Code.
(10) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of veterans
under section 5902 of title 38, United States Code.
(b) Establishment of a Pilot Program.--
(1) Grant.--
(A) In general.--The Secretary shall establish a
pilot program to award grants to qualified organizations
to rehabilitate and modify the primary residence of
eligible veterans.
(B) Coordination.--The Secretary shall work in
conjunction with the Secretary of Veterans Affairs to
establish and oversee the pilot program and to ensure
that such program meets the needs of eligible veterans.
(C) Maximum grant.--A grant award under the pilot
program to any one qualified organization shall not
exceed $1,000,000 in any one fiscal year, and such an
award shall remain available until expended by such
organization.
(2) Application.--
(A) In general.--Each qualified organization that
desires a grant under the pilot program shall submit an
application to the Secretary at such time, in such
manner, and, in addition to the information required
under subparagraph (B), accompanied by such information
as the Secretary may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall include--
(i) a plan of action detailing outreach
initiatives;
(ii) the approximate number of veterans the
qualified organization intends to serve using
grant funds;
(iii) a description of the type of work that
will be conducted, such as interior home
modifications, energy efficiency improvements, and
other similar categories of work; and
(iv) a plan for working with the Department of
Veterans Affairs and veterans service
organizations to identify veterans who are not
eligible for programs under chapter 21 of title
38, United States Code, and meet their needs.
(3) Use of funds.--A grant award under the pilot program
shall be used--
(A) to modify and rehabilitate the primary residence
of an eligible veteran, and may include--
(i) installing wheelchair ramps, widening
exterior and interior doors, reconfigurating and
re-equipping bathrooms (which includes installing
new fixtures and grab bars), removing doorway
thresholds, installing special lighting, adding
additional electrical outlets and electrical
service, and installing appropriate floor
coverings to--
(I) accommodate the functional
limitations that result from having a
disability; or
(II) if such residence does not have
modifications necessary to reduce the
chances that an elderly, but not
disabled person, will fall in their
[[Page 128 STAT. 3523]]
home, reduce the risks of such an
elderly person from falling;
(ii) rehabilitating such residence that is in
a state of interior or exterior disrepair; and
(iii) installing energy efficient features or
equipment if--
(I) an eligible veteran's monthly
utility costs for such residence is more
than 5 percent of such veteran's monthly
income; and
(II) an energy audit of such
residence indicates that the
installation of energy efficient
features or equipment will reduce such
costs by 10 percent or more; and
(B) in connection with modification and
rehabilitation services provided under the pilot
program, to provide technical, administrative, and
training support to an affiliate of a qualified
organization receiving a grant under such pilot program.
(4) Limitation on use of funds.--Funds may be expended under
the pilot program only for the benefit of an eligible veteran
who the Secretary determines is residing in and reasonably
intends to continue residing in a primary residence owned by
such veteran or by a member of such veteran's family. The
Secretary shall make this determination on the basis of a
certification by the veteran or a member of the veteran's family
that the veteran intends to continue residing in the primary
residence for a sufficient period of time to be determined by
the Secretary.
(5) Oversight.--The Secretary shall direct the oversight of
the grant funds for the pilot program so that such funds are
used efficiently until expended to fulfill the purpose of
addressing the adaptive housing needs of eligible veterans.
(6) Matching funds.--
(A) In general.--A qualified organization receiving
a grant under the pilot program shall contribute towards
the housing modification and rehabilitation services
provided to eligible veterans an amount equal to not
less than 50 percent of the grant award received by such
organization.
(B) In-kind contributions.--In order to meet the
requirement under subparagraph (A), such organization
may arrange for in-kind contributions.
(7) Limitation cost to the veterans.--A qualified
organization receiving a grant under the pilot program shall
modify or rehabilitate the primary residence of an eligible
veteran at no cost to such veteran (including application fees)
or at a cost such that such veteran pays no more than 30 percent
of his or her income in housing costs during any month.
(8) Reports.--
(A) Annual report.--The Secretary shall submit to
Congress, on an annual basis, a report that provides,
with respect to the year for which such report is
written--
(i) the number of eligible veterans provided
assistance under the pilot program;
(ii) the socioeconomic characteristics of such
veterans, including their gender, age, race, and
ethnicity;
[[Page 128 STAT. 3524]]
(iii) the total number, types, and locations
of entities contracted under such program to
administer the grant funding;
(iv) the amount of matching funds and in-kind
contributions raised with each grant;
(v) a description of the housing
rehabilitation and modification services provided,
costs saved, and actions taken under such program;
(vi) a description of the outreach initiatives
implemented by the Secretary to educate the
general public and eligible entities about such
program;
(vii) a description of the outreach
initiatives instituted by grant recipients to
engage eligible veterans and veteran service
organizations in projects utilizing grant funds
under such program;
(viii) a description of the outreach
initiatives instituted by grant recipients to
identify eligible veterans and their families; and
(ix) any other information that the Secretary
considers relevant in assessing such program.
(B) Final report.--Not later than 6 months after the
completion of the pilot program, the Secretary shall
submit to Congress a report that provides such
information that the Secretary considers relevant in
assessing the pilot program.
(C) Inspector general report.--Not later than March
31, 2019, the Inspector General of the Department of
Housing and Urban Development shall submit to the
Chairmen and Ranking Members of the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of
Representatives a report containing a review of--
(i) the use of appropriated funds by the
Secretary and by grantees under the pilot program;
and
(ii) oversight and accountability of grantees
under the pilot program.
(9) Authorization of appropriations.--There are authorized
to be appropriated for the Department of Housing and Urban
Development for carrying out this section $4,000,000 for each of
fiscal years 2015 through 2019.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1102. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Sec. 1103. Revision to list of science and technology reinvention
laboratories.
Sec. 1104. Extension and modification of experimental program for
scientific and technical personnel.
Sec. 1105. Temporary authorities for certain positions at Department of
Defense research and engineering facilities.
Sec. 1106. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear
aircraft carrier forward deployed in Japan.
Sec. 1107. Extension of part-time reemployment authority.
[[Page 128 STAT. 3525]]
Sec. 1108. Personnel authorities for civilian personnel for the United
States Cyber Command and the cyber component headquarters of
the military departments.
SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective January 1, 2015, section 1101(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4615), as most recently amended by section 1101 of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66), is further amended by striking ``through 2014'' and inserting
``through 2015''.
SEC. 1102. ONE-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and most recently amended
by section 1102 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66), is further amended by striking ``2015''
and inserting ``2016''.
SEC. 1103. REVISION TO LIST OF SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
Section 1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2487; 10 U.S.C. 2358 note) is
amended by adding at the end the following:
``(18) The Army Research Institute for the Behavioral and
Social Sciences.
``(19) The Space and Missile Defense Command Technical
Center.''.
SEC. 1104. EXTENSION AND MODIFICATION OF EXPERIMENTAL PROGRAM FOR
SCIENTIFIC AND TECHNICAL PERSONNEL.
(a) Positions Covered by Authority.--
(1) In general.--Subsection (b)(1) of section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note) is amended--
(A) in subparagraph (A), by striking ``60 scientific
and engineering positions'' and inserting ``100
scientific and engineering positions'';
(B) in subparagraph (B), by adding ``and'' at the
end;
(C) by striking subparagraphs (C) and (D); and
(D) by redesignating subparagraph (E) as
subparagraph (C).
(2) Conforming amendment.--Subsection (c)(2) of such section
is amended by striking ``the Defense Advanced Research Projects
Agency'' and inserting ``the Department of Defense''.
(b) Additional Payments.--Subsection (d) of such section is
amended--
(1) in paragraph (1), by striking ``12-month period'' and
inserting ``calendar year''; and
[[Page 128 STAT. 3526]]
(2) in paragraph (2), by striking ``fiscal year'' and
inserting ``calendar year''.
(c) Extension.--Subsection (e)(1) of such section is amended by
striking ``September 30, 2016'' and inserting ``September 30, 2019''.
SEC. 1105. TEMPORARY AUTHORITIES FOR CERTAIN POSITIONS AT
DEPARTMENT OF DEFENSE RESEARCH AND
ENGINEERING FACILITIES.
Section 1107 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66) <<NOTE: 10 USC 2358 note.>> is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Students enrolled in scientific and engineering
programs.--The director of any STRL may appoint qualified
candidates enrolled in a program of undergraduate or graduate
instruction leading to a bachelor's or an advanced degree in a
scientific, technical, engineering or mathematical course of
study at an institution of higher education (as that term is
defined in section 101 and 102 of the Higher Education Act of
1965 (20 U.S.C. 1001)) to positions described in paragraph (3)
of subsection (b) as an employee in a laboratory described in
that paragraph without regard to the provisions of subchapter I
of chapter 33 of title 5, United States Code (other than
sections 3303 and 3328 of such title).'';
(2) in subsection (b), by adding at the end the following:
``(3) Candidates enrolled in scientific and engineering
programs.--The positions described in this paragraph are
scientific and engineering positions that may be temporary or
term in any laboratory designated by section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department
of Defense science and technology reinvention laboratory.''; and
(3) in subsection (c), by adding at the end the following:
``(3) In the case of a laboratory described in subsection
(b)(3), with respect to appointment authority under subsection
(a)(3), the number equal to 3 percent of the total number of
scientific and engineering positions in such laboratory that are
filled as of the close of the fiscal year last ending before the
start of such calendar year.''.
SEC. 1106. RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY
EMPLOYEES PERFORMING WORK ABOARD OR
DOCKSIDE IN SUPPORT OF THE NUCLEAR
AIRCRAFT CARRIER FORWARD DEPLOYED IN
JAPAN.
(a) In General.--Subparagraph (B) of section 5542(a)(6) of title 5,
United States Code, is amended by striking ``2014'' and inserting
``2015''.
(b) Limitation on Overtime Pay.--Notwithstanding the authority
provided by such section (as amended by subsection (a)), during fiscal
year 2015 the Secretary of the Navy may not pay more than $250,000 in
overtime pay under such section until the Director of the Office of
Personnel Management submits a report containing the information
described in section 1105(b)(2) of Public Law 111-383, the National
Defense Authorization Act for Fiscal Year 2011.
[[Page 128 STAT. 3527]]
SEC. 1107. EXTENSION OF PART-TIME REEMPLOYMENT AUTHORITY.
(a) CSRS.--Section 8344(l)(7) of title 5, United States Code, is
amended by striking ``5 years after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2010'' and inserting
``on December 31, 2019''.
(b) FERS.--Section 8468(i)(7) of such title is amended by striking
``5 years after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2010'' and inserting ``on December 31,
2019''.
(c) <<NOTE: 5 USC 8344 note.>> Applicability.--The amendments made
by subsections (a) and (b) shall be effective as of October 28, 2014.
SEC. 1108. PERSONNEL AUTHORITIES FOR CIVILIAN PERSONNEL FOR THE
UNITED STATES CYBER COMMAND AND THE
CYBER COMPONENT HEADQUARTERS OF THE
MILITARY DEPARTMENTS.
Not later than 180 days after the date of the enactment of this Act,
the Principal Cyber Advisor to the Secretary of Defense shall--
(1) identify improvements to be made to the employment,
compensation, and promotion authorities of the Department of
Defense to meet the needs of the United States Cyber Command and
the cyber component headquarters of the military departments for
obtaining and retaining civilian personnel with the skills and
experience required to support the missions and responsibilities
of those organizations;
(2) identify the additional employment, compensation, and
promotion authorities necessary to ensure that the United States
Cyber Command and the cyber component headquarters of the
military departments have a civilian workforce able to support
the missions and responsibilities of those organizations; and
(3) submit to the Secretary recommendations for
administrative and legislative actions, including actions in
connection with authorities identified pursuant to paragraph
(2), to ensure that the United States Cyber Command and the
cyber component headquarters of the military departments have a
civilian workforce able to support the missions and
responsibilities of those organizations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of Global Security Contingency
Fund.
Sec. 1202. Notice to Congress on certain assistance under authority to
conduct activities to enhance the capability of foreign
countries to respond to incidents involving weapons of mass
destruction.
Sec. 1203. Enhanced authority for provision of support to foreign
military liaison officers of foreign countries while assigned
to the Department of Defense.
Sec. 1204. Prohibition on use of funds for assistance to units of
foreign security forces that have committed a gross violation
of human rights.
Sec. 1205. Codification and enhancement of authority to build the
capacity of foreign security forces.
Sec. 1206. Training of security forces and associated security
ministries of foreign countries to promote respect for the
rule of law and human rights.
Sec. 1207. Cross servicing agreements for loan of personnel protection
and personnel survivability equipment in coalition
operations.
[[Page 128 STAT. 3528]]
Sec. 1208. Extension and modification of authority for support of
special operations to combat terrorism.
Sec. 1209. Authority to provide assistance to the vetted Syrian
opposition.
Sec. 1210. Provision of logistic support for the conveyance of certain
defense articles to foreign forces training with the United
States Armed Forces.
Sec. 1211. Biennial report on programs carried out by the Department of
Defense to provide training, equipment, or other assistance
or reimbursement to foreign security forces.
Subtitle B--Matters Relating to Afghanistan, Pakistan, and Iraq
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1223. One-year extension of logistical support for coalition forces
supporting certain United States military operations.
Sec. 1224. United States plan for sustaining the Afghanistan National
Security Forces through the end of fiscal year 2017.
Sec. 1225. Semiannual report on enhancing security and stability in
Afghanistan.
Sec. 1226. Sense of Congress on stability and sovereignty of
Afghanistan.
Sec. 1227. Extension of Afghan Special Immigrant Program.
Sec. 1228. Independent assessment of United States efforts against al-
Qaeda.
Sec. 1229. Sense of Congress on security of Afghan women.
Sec. 1230. Review process for use of United States funds for
construction projects in Afghanistan that cannot be
physically accessed by United States Government personnel.
Sec. 1231. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1232. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1233. Clearance of unexploded ordnance on former United States
training ranges in Afghanistan.
Sec. 1234. Report on impact of end of major combat operations in
Afghanistan on authority to use military force.
Sec. 1235. Report on bilateral security cooperation with Pakistan.
Sec. 1236. Authority to provide assistance to counter the Islamic State
in Iraq and the Levant.
Sec. 1237. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Subtitle C--Matters Relating to the Russian Federation
Sec. 1241. Limitation on military cooperation between the United States
and the Russian Federation.
Sec. 1242. Notification and assessment of proposal to modify or
introduce new aircraft or sensors for flight by the Russian
Federation under Open Skies Treaty.
Sec. 1243. Limitations on providing certain missile defense information
to the Russian Federation.
Sec. 1244. Report on non-compliance by the Russian Federation with its
obligations under the INF Treaty.
Sec. 1245. Annual report on military and security developments involving
the Russian Federation.
Sec. 1246. Prohibition on use of funds to enter into contracts or other
agreements with Rosoboronexport.
Sec. 1247. Report on the New START Treaty.
Subtitle D--Matters Relating to the Asia-Pacific Region
Sec. 1251. Strategy to prioritize United States defense interests in the
Asia-Pacific region.
Sec. 1252. Modifications to annual report on military and security
developments involving the People's Republic of China.
Sec. 1253. Military-to-military engagement with the Government of Burma.
Sec. 1254. Report on Department of Defense munitions strategy of the
United States Pacific Command.
Sec. 1255. Missile defense cooperation in Northeast Asia.
Sec. 1256. Sense of Congress and report on Taiwan and its contribution
to regional peace and stability.
Sec. 1257. Independent assessment of the ability of the Department of
Defense to counter anti-access and area-denial strategies,
capabilities, and other key technologies of potential
adversaries.
Sec. 1258. Sense of Congress reaffirming security cooperation with Japan
and the Republic of Korea.
[[Page 128 STAT. 3529]]
Sec. 1259. Report on maritime security strategy in the Asia-Pacific
region.
Sec. 1259A. Sense of Congress on Taiwan maritime capabilities and
exercise participation.
Sec. 1259B. Modification of matters for discussion in annual reports of
United States-China Economic and Security Review Commission.
Subtitle E--Other Matters
Sec. 1261. One-year extension of authorization for non-conventional
assisted recovery capabilities.
Sec. 1262. Modification of national security planning guidance to deny
safe havens to al-Qaeda and its violent extremist affiliates.
Sec. 1263. Enhanced authority to acquire goods and services of Djibouti
in support of Department of Defense activities in United
States Africa Command area of responsibility.
Sec. 1264. Treatment of the Kurdistan Democratic Party and the Patriotic
Union of Kurdistan under the Immigration and Nationality Act.
Sec. 1265. Prohibition on integration of missile defense systems of
China into missile defense systems of United States and sense
of Congress concerning integration of missile defense systems
of Russia into missile defense systems of NATO.
Sec. 1266. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1267. Notification and review of potentially significant arms
control noncompliance.
Sec. 1268. Inter-European Air Forces Academy.
Sec. 1269. Department of Defense support to security of United States
diplomatic facilities.
Sec. 1270. Information on sanctioned persons and businesses through the
Federal Awardee Performance and Integrity Information System.
Sec. 1271. Reports on nuclear program of Iran.
Sec. 1272. Sense of Congress on defense modernization by NATO countries.
Sec. 1273. Report on protection of cultural property in event of armed
conflict.
Sec. 1274. United States strategy and plans for enhancing security and
stability in Europe.
Sec. 1275. Report on military assistance to Ukraine.
Sec. 1276. Sense of Congress on efforts to remove Joseph Kony from the
battlefield and end the atrocities of the Lord's Resistance
Army.
Sec. 1277. Extension of annual reports on the military power of Iran.
Sec. 1278. Report and strategy regarding North Africa, West Africa, and
the Sahel.
Sec. 1279. Rule of construction.
Sec. 1280. Approval of the Amendment to the Agreement Between the
Government of the United States of America and the Government
of the United Kingdom of Great Britain and Northern Ireland
for Cooperation on the Uses of Atomic Energy for Mutual
Defense Purposes.
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION AND EXTENSION OF GLOBAL SECURITY
CONTINGENCY FUND.
(a) Revisions to Global Security Contingency Fund.--Subsection
(c)(1) of section 1207 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1625; 22 U.S.C. 2151
note) is amended by striking ``the provision of equipment, supplies, and
training.'' and inserting the following: ``the provision of the
following:
``(A) Equipment, including routine maintenance and
repair of such equipment.
``(B) Supplies.
``(C) With respect to amounts in the Fund
appropriated or transferred into the Fund after the date
of the enactment of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal
Year 2015, small-scale construction not exceeding
$750,000 on a per-project basis.
``(D) Training.''.
(b) Availability of Funds.--Subsection (i) of such section is
amended--
[[Page 128 STAT. 3530]]
(1) by striking ``Amounts'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2),
amounts'';
(2) by striking ``September 30, 2015'' and inserting
``September 30, 2017''; and
(3) by adding at the end the following:
``(2) Exception.--Amounts appropriated and transferred to
the Fund before the date of the enactment of the Carl Levin and
Howard P. `Buck' McKeon National Defense Authorization Act for
Fiscal Year 2015 shall remain available for obligation and
expenditure after September 30, 2015, only for activities under
programs commenced under subsection (b) before September 30,
2015.''.
(c) Expiration.--Subsection (p) of such section, as amended by
section 1202(e) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 894), is further amended--
(1) by striking ``September 30, 2015'' and inserting
``September 30, 2017'';
(2) by striking ``fiscal years 2012 through 2015'' and
inserting ``fiscal years 2012 through 2017''; and
(3) by adding at the end before the period the following:
``and subject to the requirements contained in paragraphs (1)
and (2) of subsection (i)''.
SEC. 1202. NOTICE TO CONGRESS ON CERTAIN ASSISTANCE UNDER
AUTHORITY TO CONDUCT ACTIVITIES TO
ENHANCE THE CAPABILITY OF FOREIGN
COUNTRIES TO RESPOND TO INCIDENTS
INVOLVING WEAPONS OF MASS DESTRUCTION.
Section 1204(e) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 896; 10 U.S.C. 401 note) is
amended by inserting after ``congressional defense committees'' the
following: ``and the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives''.
SEC. 1203. ENHANCED AUTHORITY FOR PROVISION OF SUPPORT TO FOREIGN
MILITARY LIAISON OFFICERS OF FOREIGN
COUNTRIES WHILE ASSIGNED TO THE
DEPARTMENT OF DEFENSE.
(a) Eligibility.--Subsection (a) of section 1051a of title 10,
United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary of Defense'' and
inserting ``Subject to subsection (d), the Secretary of
Defense''; and
(B) by striking ``involved in a military operation
with the United States'';
(2) in paragraph (1), by striking ``in connection with the
planning for, or conduct of, a military operation''; and
(3) in paragraph (2), by striking ``To the headquarters of''
and all that follows and inserting ``To the Joint Staff.''.
(b) Travel, Subsistence, and Medical Care Expenses.--Subsection (b)
of such section is amended--
(1) in paragraph (1)--
(A) by striking ``to the headquarters of a combatant
command''; and
[[Page 128 STAT. 3531]]
(B) by inserting ``or by the Chairman of the Joint
Chiefs of Staff, as appropriate'' before the period at
the end; and
(2) in paragraph (3), by striking ``if such travel'' and all
that follows and inserting ``if such travel meets each of the
following conditions:
``(A) The travel is in support of the national interests of
the United States.
``(B) The commander of the relevant combatant command or the
Chairman of the Joint Chiefs of Staff, as applicable, directs
round-trip travel from the assigned location to one or more
travel locations.''.
(c) Terms of Reimbursement.--Subsection (c) of such section is
amended--
(1) by striking ``To the extent that the Secretary
determines appropriate, the'' and inserting ``The''; and
(2) by adding at the end the following new sentence: ``The
terms of reimbursement shall be specified in the appropriate
agreement used to assign the liaison officer to a combatant
command or to the Joint Staff.''.
(d) Limitation and Oversight.--Such section, as so amended, is
further amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Limitation and Oversight.--(1) The amount of unreimbursed
support for any liaison officer supported under subsection (b)(1) in any
fiscal year may not exceed $200,000 (in fiscal year 2014 constant
dollars).
``(2) The Chairman of the Joint Chiefs of Staff shall be responsible
for implementing the authority under this section.''.
(e) Secretary of State Coordination.--Such section, as so amended,
is further amended by inserting after subsection (d), as added by
subsection (d)(2) of this section, the following new subsection (e):
``(e) Secretary of State Coordination.--The authority of the
Secretary of Defense to provide administrative services and support
under subsection (a) for the performance of duties by a liaison officer
of another nation may be exercised only with respect to a liaison
officer of another nation whose assignment as described in that
subsection is accepted by the Secretary of Defense with the coordination
of the Secretary of State.''.
(f) Definition.--Subsection (f) of such section (as so redesignated)
is amended by inserting ``training programs conducted to familiarize,
orient, or certify liaison personnel regarding unique aspects of the
assignments of the liaison personnel,'' after ``police protection,''.
SEC. 1204. PROHIBITION ON USE OF FUNDS FOR ASSISTANCE TO UNITS OF
FOREIGN SECURITY FORCES THAT HAVE
COMMITTED A GROSS VIOLATION OF HUMAN
RIGHTS.
(a) Prohibition.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
[[Page 128 STAT. 3532]]
``Sec. 2249e. <<NOTE: 10 USC 2249e.>> Prohibition on use of funds
for assistance to units of foreign security
forces that have committed a gross violation
of human rights
``(a) In General.--(1) Of the amounts made available to the
Department of Defense, none may be used for any training, equipment, or
other assistance for a unit of a foreign security force if the Secretary
of Defense has credible information that the unit has committed a gross
violation of human rights.
``(2) The Secretary of Defense shall, in consultation with the
Secretary of State, ensure that prior to a decision to provide any
training, equipment, or other assistance to a unit of a foreign security
force full consideration is given to any credible information available
to the Department of State relating to human rights violations by such
unit.
``(b) Exception.--The prohibition in subsection (a)(1) shall not
apply if the Secretary of Defense, after consultation with the Secretary
of State, determines that the government of such country has taken all
necessary corrective steps, or if the equipment or other assistance is
necessary to assist in disaster relief operations or other humanitarian
or national security emergencies.
``(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a)(1) if
the Secretary determines that the waiver is required by extraordinary
circumstances.
``(d) Procedures.--The Secretary of Defense shall establish, and
periodically update, procedures to ensure that any information in the
possession of the Department of Defense about gross violations of human
rights by units of foreign security forces is shared on a timely basis
with the Department of State.
``(e) Report.--Not later than 15 days after the application of any
exception under subsection (b) or the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit to the appropriate
committees of Congress a report--
``(1) in the case of an exception under subsection (b),
providing notice of the use of the exception and stating the
grounds for the exception; and
``(2) in the case of a waiver under subsection (c),
describing--
``(A) the information relating to the gross
violation of human rights;
``(B) the extraordinary circumstances that
necessitate the waiver;
``(C) the purpose and duration of the training,
equipment, or other assistance; and
``(D) the United States forces and the foreign
security force unit involved.
``(f) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.''.
[[Page 128 STAT. 3533]]
(2) <<NOTE: 10 USC prec. 2241.>> Clerical amendment.--The
table of sections at the beginning of subchapter I of chapter
134 of such title is amended by adding at the end the following
new item:
``2249e. Prohibition on use of funds for assistance to units of foreign
security forces that have committed a gross violation of
human rights.''.
(b) <<NOTE: 10 USC 2249e note.>> Annual Reports.--
(1) In general.--Not later than March 31, 2015, and every
March 31 thereafter through 2024, the Secretary of Defense shall
submit to the appropriate committees of Congress a report
setting forth for the preceding fiscal year the following:
(A) The total number of cases submitted for vetting
for purposes of section 2249e of title 10, United States
Code (as added by subsection (a)), and the total number
of such cases approved, or suspended or rejected for
human rights reasons, non-human rights reasons, or
administrative reasons.
(B) In the case of units rejected for non-human
rights reasons, a detailed description of the reasons
relating to the rejection.
(C) A description of the interagency processes that
were used to evaluate compliance with requirements to
conduct vetting.
(D) An addendum that includes any comments by the
commanders of the combatant commands about the impact of
section 2249e of title 10, United States Code (as so
added), on their theater security cooperation plan.
(E) Such other matters with respect to the
administration of section 2249e of title 10, United
States Code (as so added), as the Secretary considers
appropriate.
(2) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' has
the meaning given that term in subsection (f) of section 2249e
of title 10, United States Code (as so added).
SEC. 1205. CODIFICATION AND ENHANCEMENT OF AUTHORITY TO BUILD THE
CAPACITY OF FOREIGN SECURITY FORCES.
(a) Codification, Extension, and Enhancement of Authority.--
(1) In general.--Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2282. <<NOTE: 10 USC 2282.>> Authority to build the
capacity of foreign security forces
``(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, is authorized to conduct or support a program or
programs as follows:
``(1) To build the capacity of a foreign country's national
military forces in order for that country to--
``(A) conduct counterterrorism operations; or
``(B) participate in or support on-going allied or
coalition military or stability operations that benefit
the national security interests of the United States.
[[Page 128 STAT. 3534]]
``(2) To build the capacity of a foreign country's national
maritime or border security forces to conduct counterterrorism
operations.
``(3) To build the capacity of a foreign country's national-
level security forces that have among their functional
responsibilities a counterterrorism mission in order for such
forces to conduct counterterrorism operations.
``(b) Types of Capacity Building.--
``(1) Authorized elements.--A program under subsection (a)
may include the provision of equipment, supplies, training,
defense services, and small-scale military construction.
``(2) Required elements.--A program under subsection (a)
shall include elements that promote the following:
``(A) Observance of and respect for human rights and
fundamental freedoms.
``(B) Respect for civilian control of the military.
``(c) Limitations.--
``(1) Annual funding limitation.--The Secretary of Defense
may use amounts specifically authorized and appropriated or
otherwise made available to carry out programs under this
section on an annual basis to carry out programs authorized by
subsection (a).
``(2) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in subsection (b) that
is otherwise prohibited by any provision of law.
``(3) Limitation on eligible countries.--The Secretary of
Defense may not use the authority in subsection (a) to provide
assistance described in subsection (b) to any foreign country
that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
``(4) Availability of funds for activities across fiscal
years.--
``(A) In general.--Amounts made available in a
fiscal year to carry out the authority in subsection (a)
may be used for programs under that authority that begin
in the fiscal year such amounts are made available but
end in the next fiscal year.
``(B) Achievement of full operational capability.--
If, in accordance with subparagraph (A), equipment is
delivered under a program under the authority in
subsection (a) in the fiscal year after the fiscal year
in which the program begins, amounts for supplies,
training, defense services, and small-scale military
construction associated with such equipment and
necessary to ensure that the recipient unit achieves
full operational capability for such equipment may be
used in the fiscal year in which the foreign country
takes receipt of such equipment and in the next fiscal
year.
``(5) Limitations on availability of funds for small-scale
military construction.--
``(A) Activities under particular programs.--The
amount that may be obligated or expended for small-scale
military construction activities under any particular
program authorized under subsection (a) may not exceed
$750,000.
[[Page 128 STAT. 3535]]
``(B) Activities under all programs.--The amount
that may be obligated or expended for small-scale
military construction activities during a fiscal year
for all programs authorized under subsection (a) during
that fiscal year may not exceed up to five percent of
the amount made available in such fiscal year to carry
out the authority in subsection (a).
``(d) Formulation and Execution of Program.--The Secretary of
Defense and the Secretary of State shall jointly formulate any program
under subsection (a). The Secretary of Defense shall coordinate with the
Secretary of State in the implementation of any program under subsection
(a).
``(e) Congressional Notification.--
``(1) In general.--Not less than 15 days before initiating
activities under a program under subsection (a), the Secretary
of Defense shall submit to the appropriate committees of
Congress a notice of the following:
``(A) The country whose capacity to engage in
activities in subsection (a) will be built under the
program.
``(B) The budget, implementation timeline with
milestones, anticipated delivery schedule for
assistance, military department responsible for
management and associated program executive office, and
completion date for the program.
``(C) The source and planned expenditure of funds to
complete the program.
``(D) A description of the arrangements, if any, for
the sustainment of the program and the source of funds
to support sustainment of the capabilities and
performance outcomes achieved under the program beyond
its completion date, if applicable.
``(E) A description of the program objectives and
assessment framework to be used to develop capability
and performance metrics associated with operational
outcomes for the recipient unit.
``(F) Information, including the amount, type, and
purpose, on the assistance provided the country during
the three preceding fiscal years under each of the
following programs, accounts, or activities:
``(i) A program under this section.
``(ii) The Foreign Military Financing program
under the Arms Export Control Act.
``(iii) Peacekeeping Operations.
``(iv) The International Narcotics Control and
Law Enforcement (INCLE) program under section 481
of the Foreign Assistance Act of 1961 (22 U.S.C.
2291).
``(v) Nonproliferation, Anti-Terrorism,
Demining, and Related Programs (NADR).
``(vi) Counterdrug activities authorized by
section 1004 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 374 note) and
section 1033 of the National Defense Authorization
Act for Fiscal Year 1998.
``(vii) Any other significant program,
account, or activity for the provision of security
assistance that the Secretary of Defense and the
Secretary of State consider appropriate.
[[Page 128 STAT. 3536]]
``(G) An assessment of the capacity of the recipient
country to absorb assistance under the program.
``(H) An assessment of the manner in which the
program fits into the theater security cooperation
strategy of the applicable geographic combatant command.
``(2) Coordination with secretary of state.--Any notice
under paragraph (1) shall be prepared in coordination with the
Secretary of State.
``(f) Assessments of Programs.--Amounts available to conduct or
support programs under subsection (a) shall be available to the
Secretary of Defense to conduct assessments and determine the
effectiveness of such programs in building the operational capacity and
performance of the recipient units concerned.
``(g) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 136 of such title <<NOTE: 10 USC prec.
2281.>> is amended by adding at the end the following new item:
``2282. Authority to build the capacity of foreign security forces.''.
(b) Conforming Amendments.--
(1) Section 943(g)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4578), as most recently amended by section 1205(f) of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1624), is further amended by striking
``sections 1206 and 1207 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456 and
3458)'' and inserting ``section 2282 of title 10, United States
Code, and section 1207 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458)''.
(2) Section 1209(b)(1)(A) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 368), as most recently amended by section 1203(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2512), is further amended by striking
``section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456)'' and
inserting ``section 2282 of title 10, United States Code''.
(c) Repeal of Superseded Authority.--Section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163) <<NOTE: 119 Stat. 3456.>> is repealed.
(d) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated for fiscal year 2015 by section 301 and available
for operation and maintenance as specified in the funding table
in section 4301, up to $350,000,000 may be used for programs
under subsection (a) of section 2282 of title 10, United States
Code (as added by subsection (a) of this section).
[[Page 128 STAT. 3537]]
(2) Limitation on amount for building capacity to
participate in allied or coalition military or stability
operations.--Of the amount available under paragraph (1) for
fiscal year 2015, not more than $150,000,000 may be used in such
fiscal year for purposes described in subsection (a)(1)(B) of
section 2282 of title 10, United States Code (as so added).
(e) Annual Secretary of Defense Reports.--
(1) In general.--Not later than 90 days after the end of
each of fiscal years 2015 through 2020, the Secretary of Defense
shall submit to the appropriate committees of Congress a report
summarizing the findings of the assessments of programs carried
out under subsection (f) of section 2282 of title 10, United
States Code (as so added), during such fiscal year.
(2) Elements.--Each report under paragraph (1) shall
include, for each program assessed under such subsection (f)
during the fiscal year covered by such report, the following:
(A) A description of the nature and the extent of
the potential or actual terrorist threat, if any, that
the program is intended to address.
(B) A description of the program, including the
objectives of the program, the types of recipient
country units receiving assistance under the program,
and the baseline operational capability and performance
of the units receiving assistance under the program
before the commencement of receipt of assistance under
the program.
(C) A description of the extent to which the program
is implemented by United States Government personnel or
contractors.
(D) A description of the assessment framework to be
used to develop capability and performance metrics
associated with operational outcomes for units receiving
assistance under the program.
(E) An assessment of the program using the
assessment framework described in subparagraph (D).
(F) An assessment of the effectiveness of the
program in achieving its intended purpose.
(f) Biennial Comptroller General of the United States Audits.--
(1) In general.--Not later than March 31 of each of 2016,
2018 and 2020, the Comptroller General of the United States
shall submit to the appropriate committees of Congress an audit
of such program or programs conducted or supported pursuant to
section 2282 of title 10, United States Code (as so added),
during the preceding two fiscal years as the Comptroller General
shall select for purposes of such report.
(2) Elements.--Each report should, to the extent information
is available, include, for the program or programs covered by
such report, the following:
(A) A description of the program or programs,
including--
(i) the objectives of the program or programs;
(ii) the types of units receiving assistance
under the program or programs;
(iii) the delivery and completion schedules
for assistance under the program or programs; and
(iv) the baseline operational capability and
performance of the units receiving assistance
under
[[Page 128 STAT. 3538]]
the program or programs before the commencement of
receipt of assistance under the program or
programs.
(B) An assessment of the capacity of each recipient
country to absorb assistance under the program or
programs.
(C) An assessment of the arrangements, if any, for
the sustainment of the program or programs, including
any source of funds to support sustainment of the
capabilities and performance outcomes achieved under the
program or program beyond completion date, if
applicable.
(D) An assessment of the effectiveness of the
program or programs in achieving their intended purpose.
(E) Such other matters as the Comptroller considers
appropriate.
(g) Appropriate Committees of Congress Defined.--In subsections (e)
and (f), the term ``appropriate committees of Congress'' has the meaning
given that term in subsection (g) of section 2282 of title 10, United
States Code (as so added).
SEC. 1206. <<NOTE: 10 USC 2282 note.>> TRAINING OF SECURITY FORCES
AND ASSOCIATED SECURITY MINISTRIES OF
FOREIGN COUNTRIES TO PROMOTE RESPECT FOR
THE RULE OF LAW AND HUMAN RIGHTS.
(a) In General.--The Secretary of Defense is authorized to conduct
human rights training of security forces and associated security
ministries of foreign countries.
(b) Construction With Limitation on Use of Funds.--Human rights
training authorized by this section may be conducted for security forces
otherwise prohibited from receiving such training under any provision of
law only if--
(1) such training is conducted in the country of origin of
the security forces;
(2) such training is withheld from any individual of a unit
when there is credible information that such individual has
committed a gross violation of human rights or has commanded a
unit that has committed a gross violation of human rights;
(3) such training may be considered a corrective step, but
is not sufficient for meeting the accountability requirement
under the exception established in subsection (b) of section
2249e of title 10, United States Code (as added by section
1204(a) of this Act); and
(4) reasonable efforts have been made to assist the foreign
country to take all necessary corrective steps regarding a gross
violation of human rights with respect to the unit, including
using funds authorized by this Act to provide technical
assistance or other types of support for accountability.
(c) Role of the Secretary of State.--
(1) Concurrence.--Training activities may be conducted under
this section only with the concurrence of the Secretary of
State.
(2) Consultation.--The Secretary of Defense shall consult
with the Secretary of State on the content of the training, the
methods of instruction to be provided, and the intended
beneficiaries of training conducted under this section.
(d) Authorized Activities.--Human rights training authorized by this
section may include associated activities and expenses necessary for the
conduct of training and assessments designed to
[[Page 128 STAT. 3539]]
further the purposes of this section, including technical assistance or
other types of support for accountability.
(e) Annual Reports.--Not later than March 31 each year through 2020,
the Secretary of Defense shall submit to the appropriate committees of
Congress a report on the use of the authority in this section during the
preceding fiscal year. Each report shall include information on any
human rights training (as defined in subsection (f)) or other assistance
that was provided during the fiscal year to foreign security forces.
(f) Definitions.--In this section
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(2) The term ``human rights training'' means training for
the purpose of directly improving the conduct of foreign
security forces to--
(A) prevent gross violations of human rights and
support accountability for such violations;
(B) strengthen compliance with the laws of armed
conflict and respect for civilian control over the
military;
(C) promote and assist in the establishment of a
military justice system and other mechanisms for
accountability; and
(D) prevent the use of child soldiers.
(g) Sunset.--The authority in subsection (a) shall expire on
September 30, 2020.
SEC. 1207. <<NOTE: 10 USC 2342 note.>> CROSS SERVICING AGREEMENTS
FOR LOAN OF PERSONNEL PROTECTION AND
PERSONNEL SURVIVABILITY EQUIPMENT IN
COALITION OPERATIONS.
(a) In General.--The Secretary of Defense may, with the concurrence
of the Secretary of State, enter into an arrangement, under an agreement
concluded pursuant to section 2342 of title 10, United States Code,
under which the United States agrees to loan personnel protection and
personnel survivability equipment for the use of such equipment by
military forces of a nation participating in the following:
(1) A coalition operation with the United States as part of
a contingency operation.
(2) A coalition operation with the United States as part of
a peacekeeping operation under the Charter of the United Nations
or another international agreement.
(3) Training of such forces in connection with the
deployment of such forces to be deployed to an operation
described in paragraph (1) or (2).
(b) Limitations.--
(1) Loan only of equipment for which u.s. forces have no
unfulfilled requirements.--Equipment may be loaned to the
military forces of a nation under the authority of this section
only upon a determination by the Secretary of Defense that the
United States forces in the coalition operation concerned have
no unfulfilled requirements for such equipment.
[[Page 128 STAT. 3540]]
(2) Scope of use of loaned equipment.--Equipment loaned to
the military forces of a nation under the authority of this
section may be used by those forces only for personnel
protection or to aid in the personnel survivability of those
forces and only in--
(A) a coalition operation with the United States
described in paragraph (1) or (2) of subsection (a); or
(B) training described in paragraph (3) of
subsection (a).
(3) Duration of use of loaned equipment.--Equipment loaned
to the military forces of a nation under the authority of this
section may be used by the military forces of that nation not
longer than the duration of that country's participation in the
coalition operation concerned.
(4) Notice and wait on loan of equipment for training.--
Equipment may not be loaned under subsection (a) in connection
with training described in paragraph (3) of that subsection
until 15 days after the date on which the Secretary of Defense
submits to the appropriate committees of Congress written notice
on the loan of such equipment for such purpose.
(c) Waiver of Reimbursement in Case of Loss of Equipment in
Combat.--
(1) In general.--In the case of equipment loaned under the
authority of this section that is damaged or destroyed as a
result of combat operations during coalition operations while
held by forces to which loaned under this section, the Secretary
of Defense may, with respect to such equipment, waive any other
requirement under applicable law for--
(A) reimbursement;
(B) replacement-in-kind; or
(C) exchange of supplies or services of an equal
value.
(2) Basis for waiver.--Any waiver under this subsection may
be made only if the Secretary determines that the waiver is in
the national security interest of the United States.
(3) Waiver on a case-by-case basis.--Any waiver under this
subsection may be made only on a case-by-case basis.
(d) Reports to Congress.--If the authority provided under this
section is exercised during a fiscal year, the Secretary of Defense
shall, in coordination with the Secretary of State, submit to the
appropriate committees of Congress a report on the exercise of such
authority by not later than October 30 of the year in which such fiscal
year ends. Each report on the exercise of such authority shall specify
the recipient country of the equipment loaned, the type of equipment
loaned, and the duration of the loan of such equipment.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) The term ``personnel protection and personnel
survivability equipment'' means items enumerated in categories
I, II, III, VII, X, XI, and XIII of the United States Munitions
List under section 38(a)(1) of the Arms Export Control Act
[[Page 128 STAT. 3541]]
(22 U.S.C. 2778(a)(1) that the Secretary of Defense designates
as available for loan under this section.
(f) Expiration of Authority.--The authority in subsection (a) shall
expire on September 30, 2019.
SEC. 1208. EXTENSION AND MODIFICATION OF AUTHORITY FOR SUPPORT OF
SPECIAL OPERATIONS TO COMBAT TERRORISM.
(a) Amount Available for Support.--Subsection (a) of section 1208 of
the Ronald W. Reagan National Defense Authorization Act of Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2086), as most recently amended by
section 1203(a) of the National Defense Authorization Act of Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1621), is further amended by striking
``$50,000,000'' and inserting ``$75,000,000''.
(b) Extension.--Subsection (h) of such section 1208, as most
recently amended by section 1203(c) of the National Defense
Authorization Act of Fiscal Year 2012, is further amended by striking
``2015'' and inserting ``2017''.
SEC. 1209. AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED SYRIAN
OPPOSITION.
(a) In General.--The Secretary of Defense is authorized, in
coordination with the Secretary of State, to provide assistance,
including training, equipment, supplies, stipends, construction of
training and associated facilities, and sustainment, to appropriately
vetted elements of the Syrian opposition and other appropriately vetted
Syrian groups and individuals, through December 31, 2016, for the
following purposes:
(1) Defending the Syrian people from attacks by the Islamic
State of Iraq and the Levant (ISIL), and securing territory
controlled by the Syrian opposition.
(2) Protecting the United States, its friends and allies,
and the Syrian people from the threats posed by terrorists in
Syria.
(3) Promoting the conditions for a negotiated settlement to
end the conflict in Syria.
(b) Notice Before Provision of Assistance.--Not later than 15 days
prior to the provision of assistance authorized under subsection (a) to
appropriately vetted recipients for the first time--
(1) the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate
congressional committees and leadership of the House of
Representatives and Senate a report, in unclassified form with a
classified annex as appropriate, that contains a description
of--
(A) the plan for providing such assistance;
(B) the requirements and process used to determine
appropriately vetted recipients; and
(C) the mechanisms and procedures that will be used
to monitor and report to the appropriate congressional
committees and leadership of the House of
Representatives and Senate on unauthorized end-use of
provided training and equipment and other violations of
relevant law by appropriately vetted recipients; and
(2) the President shall submit to the appropriate
congressional committees and leadership of the House of
Representatives and Senate a report, in unclassified form with a
classified annex as appropriate, that contains a description of
how such assistance fits within a larger regional strategy.
[[Page 128 STAT. 3542]]
(c) Plan Elements.--The plan required in subsection (b)(1) shall
include, at a minimum, a description of--
(1) the goals and objectives of assistance authorized under
subsection (a);
(2) the concept of operations, timelines, and types of
training, equipment, stipends, sustainment, construction, and
supplies to be provided;
(3) the roles and contributions of partner nations;
(4) the number and role of United States Armed Forces
personnel involved;
(5) any additional military support and sustainment
activities; and
(6) any other relevant details.
(d) Quarterly Progress Report.--Not later than 90 days after the
Secretary of Defense submits the report required in subsection (b)(1),
and every 90 days thereafter, the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate
congressional committees and leadership of the House of Representatives
and the Senate a progress report. Such progress report shall, based on
the most recent quarterly information, include--
(1) any updates to or changes in the plan, strategy, vetting
requirements and process, and end-use monitoring mechanisms and
procedures, as required in subsection (b)(1);
(2) a description of how the threat of attacks against
United States or coalition personnel is being mitigated,
statistics on any such attacks, including green-on-blue attacks,
and how such attacks are being mitigated;
(3) a description of the appropriately vetted recipients
receiving assistance authorized under subsection (a);
(4) the recruitment, throughput, and retention rates of
appropriately vetted recipients and equipment;
(5) any misuse or loss of provided training and equipment
and how such misuse or loss is being mitigated;
(6) a description of the command and control of
appropriately vetted recipients;
(7) an assessment of the operational effectiveness of the
appropriately vetted recipients in meeting the purposes
specified in subsection (a);
(8) a description of sustainment support provided to
appropriately vetted recipients pursuant to subsection (a);
(9) a list of construction projects carried out under
authority in subsection (a);
(10) a statement of the amount of funds expended during the
period for which the report is submitted, and in aggregate since
September 19, 2014, to provide assistance by authorized category
pursuant to subsection (a) and section 149 of the Continuing
Appropriations Resolution, 2015 (Public Law 113-164); and
(11) an assessment of the effectiveness of the assistance
authorized under subsection (a) as measured against subsections
(b) and (c).
(e) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) The term ``appropriately vetted'' means, with respect to
elements of the Syrian opposition and other Syrian groups and
individuals, at a minimum--
[[Page 128 STAT. 3543]]
(A) assessments of such elements, groups, and
individuals for associations with terrorist groups, Shia
militias aligned with or supporting the Government of
Syria, and groups associated with the Government of
Iran. Such groups include, but are not limited to, the
Islamic State of Iraq and the Levant (ISIL), Jabhat al
Nusrah, Ahrar al Sham, other al-Qaeda related groups,
and Hezbollah; and
(B) a commitment from such elements, groups, and
individuals to promoting the respect for human rights
and the rule of law.
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations, and
the Permanent Select Committee on Intelligence of the
House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate.
(f) Reprogramming Requirement.--The Secretary of Defense may submit
a reprogramming or transfer request of funds made available for Overseas
Contingency Operations beginning on October 1, 2014, and ending on
December 31, 2016, to the congressional defense committees to carry out
activities authorized under this section.
(g) Authority to Accept Contributions.--The Secretary of Defense may
accept and retain contributions, including assistance in-kind, from
foreign governments to provide assistance as authorized by this section.
Any funds so accepted by the Secretary shall be credited to
appropriations for the appropriate operation and maintenance accounts,
except that any funds so accepted by the Secretary shall not be
available for obligation until a reprogramming request is submitted to
the congressional defense committees.
(h) Construction of Authorization.--Nothing in this section shall be
construed to constitute a specific statutory authorization for the
introduction of United States Armed Forces into hostilities or into
situations wherein hostilities are clearly indicated by the
circumstances.
(i) War Powers Resolution Matters.--Nothing in this section
supersedes or alters the continuing obligations of the President to
report to Congress pursuant to section 4 of the War Powers Resolution
(50 U.S.C. 1543) regarding the use of United States Armed Forces abroad.
(j) Waiver Authority.--For purposes of the provision of assistance
pursuant to subsection (a), the President may waive any provision of law
if the President determines that such provision of law would (but for
the waiver) impede national security objectives of the United States by
prohibiting, restricting, delaying, or otherwise limiting the provision
of such assistance. Such waiver shall not take effect until 30 days
after the date on which the President notifies the appropriate
congressional committees of such determination and the provision of law
to be waived.
(k) Assistance to Third Countries in Provision of Assistance.--The
Secretary may provide assistance to third countries for purposes of the
provision of assistance authorized under this section.
[[Page 128 STAT. 3544]]
SEC. 1210. PROVISION OF LOGISTIC SUPPORT FOR THE CONVEYANCE OF
CERTAIN DEFENSE ARTICLES TO FOREIGN
FORCES TRAINING WITH THE UNITED STATES
ARMED FORCES.
(a) In General.--During fiscal years 2015 and 2016, the Secretary of
Defense is authorized to provide logistic support for the conveyance of
certain defense articles in Afghanistan to the armed forces of a country
with which the Armed Forces of the United States plan to conduct
bilateral or multilateral training overseas during fiscal years 2015 and
2016.
(b) Limitations.--The Secretary may provide logistic support under
subsection (a) only--
(1) in accordance with the Arms Export Control Act and other
relevant export control laws of the United States;
(2) in accordance with section 516(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j); and
(3) with the concurrence of the Secretary of State.
(c) Limitation.--The total value of logistic support provided under
subsection (a) for a fiscal year may not exceed $10,000,000.
(d) Source of Funds.--To provide logistic support under subsection
(a), the Secretary may use funds available for Operation and
Maintenance, Defense-wide, for fiscal years 2015 and 2016.
(e) Report.--Not later than 30 days after the last day of a fiscal
year during which the Secretary of Defense exercises the authority under
subsection (a), the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a report on
the exercise of authority under this section during that fiscal year.
Such report shall include a description of the types of defense articles
provided, the amount of funds expended, and the countries that received
defense articles.
(f) Definitions.--In this section:
(1) The term ``logistic support'' means--
(A) the use of military transportation and cargo-
handling assets, including aircraft;
(B) materiel support in the form of fuel, petroleum,
oil, or lubricants; and
(C) commercially contracted transportation.
(2) The term ``certain defense article'' means an item that
has been declared an excess defense article and has been
transferred from the stocks of the Department of Defense in
Afghanistan but has not yet been made available for disposal
through the Defense Logistics Agency process.
SEC. 1211. BIENNIAL REPORT ON PROGRAMS CARRIED OUT BY THE
DEPARTMENT OF DEFENSE TO PROVIDE
TRAINING, EQUIPMENT, OR OTHER ASSISTANCE
OR REIMBURSEMENT TO FOREIGN SECURITY
FORCES.
(a) Biennial Report Required.--Not later than February 1 of each of
2016, 2018, and 2020, the Secretary of Defense shall submit to the
congressional defense committees a report that sets forth, on a country-
by-country basis, a description of each program carried out by the
Department of Defense to provide training, equipment, or other security
assistance or reimbursement during the two fiscal years ending in the
year before the year in which such report is submitted under the
authorities specified in subsection (c).
[[Page 128 STAT. 3545]]
(b) Elements of Report.--Each report required under subsection (a)
shall provide for each program covered by such report, and for the
reporting period covered by such report, the following:
(1) A description of the purpose and type of the training,
equipment, or assistance or reimbursement provided, including
how the training, equipment, or assistance or reimbursement
provided advances the theater security cooperation strategy of
the combatant command, as appropriate.
(2) The cost of such training, equipment, or assistance or
reimbursement, including by type of support provided.
(3) A description of the metrics, if any, used for assessing
the effectiveness of such training, equipment, or assistance or
reimbursement provided.
(c) Specified Authorities.--The authorities specified in this
subsection are the following authorities (or any successor authorities):
(1) Section 127d of title 10, United States Code, relating
to authority to provide logistic support, supplies, and services
to allied forces participating in a combined operation with the
Armed Forces.
(2) Section 166a(b)(6) of title 10, United States Code,
relating to humanitarian and civic assistance by the commanders
of the combatant commands.
(3) Section 168 of title 10, United States Code, relating to
authority--
(A) to provide assistance to nations of the former
Soviet Union as part of the Warsaw Initiative Fund;
(B) to conduct the Defense Institution Reform
Initiative; and
(C) to conduct a program to increase defense
institutional legal capacity through the Defense
Institute of International Legal Studies.
(4) Section 2010 of title 10, United States Code, relating
to authority to reimburse foreign troops for participation in
combined exercises.
(5) Section 2011 of title 10, United States Code, relating
to authority to reimburse foreign troops for participation in
Joint Combined Exercise Training.
(6) Section 2249c of title 10, United States Code, relating
to authority to use appropriated funds for costs associated with
education and training of foreign officials under the Regional
Defense Combating Terrorism Fellowship Program.
(7) Section 2282 of title 10, United States Code (as added
by section 1205 of this Act), relating to authority to build the
capacity of foreign military forces, or the predecessor
authority to such section in section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3456).
(8) Section 2561 of title 10, United States Code, relating
to authority to provide humanitarian assistance.
(9) Section 1532, relating to the Afghanistan Security
Forces Fund.
(10) Section 1205 of the National Defense Authorization Act
for Fiscal Year 2014 (32 U.S.C. 107 note), relating to authority
for National Guard State Partnership program.
[[Page 128 STAT. 3546]]
(11) Section 1081 of the National Defense Authorization Act
for Fiscal Year 2012 (10 U.S.C. 168 note), relating to the
Ministry of Defense Advisors program.
(12) Section 1207 of the National Defense Authorization Act
for Fiscal Year 2012 (22 U.S.C. 2151 note), relating to the
Global Security Contingency Fund.
(13) Section 1233 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393),
relating to authority to reimburse certain coalition nations for
support provided to United States military operations.
(14) Section 1234 of the National Defense Authorization Act
for Fiscal Year 2008 (122 Stat. 394), relating to authorization
for logistical support for coalition forces supporting certain
United States military operations.
(15) Section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881),
relating to authority to provide additional support for counter-
drug activities of Peru and Colombia.
(16) Section 1004 of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 374 note), relating to
additional support for counter-drug activities.
(17) Any other authority on assistance or reimbursement that
the Secretary of Defense considers appropriate and consistent
with subsection (a).
(d) Nonduplication of Effort.--If any information required under
subsection (a) has been included in another report or notification
previously submitted to Congress by law, the Secretary of Defense may
provide a list of such reports and notifications at the time of
submitting the report required by subsection (a) in lieu of including
such information in the report required by subsection (a).
(e) Form.--Each report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(f) Repeal of Superseded Requirement.--Section 1209 of the National
Defense Authorization Act for Fiscal Year 2008 (122 Stat. 368) is
repealed.
Subtitle B--Matters Relating to Afghanistan, Pakistan, and Iraq
SEC. 1221. COMMANDERS' EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN.
(a) One-Year Extension.--Section 1201 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1619), as most recently amended by section 1211 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
904), is further amended by striking ``fiscal year 2014'' each place it
appears and inserting ``fiscal year 2015''.
(b) Semi-Annual Reports.--Subsection (b) of such section, as so
amended, is further amended--
(1) in the subsection heading, by striking ``Quarterly'' and
inserting ``Semi-annual''; and
(2) in paragraph (1)--
[[Page 128 STAT. 3547]]
(A) in the paragraph heading, by striking
``Quarterly'' and inserting ``Semi-annual'';
(B) by striking ``fiscal year quarter'' and
inserting ``half fiscal year''; and
(C) by striking ``that quarter'' and inserting
``that half fiscal year''.
(c) Funds Available During Fiscal Year 2015.--Subsection (a) of such
section, as so amended, is further amended by striking ``$60,000,000''
and inserting ``$10,000,000''.
(d) Restriction on Amount of Payments.--Subsection (e) of such
section is amended by striking ``$20,000,000'' and inserting
``$2,000,000''.
(e) Notification on Certain Projects.--Subsection (g) of such
section is amended--
(1) in the matter preceding paragraph (1), by striking
``$5,000,000'' and inserting ``$500,000'';
(2) in paragraph (1), by striking ``to advance the military
campaign plan for Afghanistan'' and inserting ``to directly
benefit the security or stability of the people of
Afghanistan''; and
(3) in paragraph (3), by striking ``any agreement with
either the Government of Afghanistan,'' and inserting ``any
written agreement with either the Government of Afghanistan, an
entity owned or controlled by the Government of Afghanistan,''.
(f) Submittal of Revised Guidance.--Not later than 15 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a copy of the guidance issued by
the Secretary to the Armed Forces concerning the Commanders' Emergency
Response Program in Afghanistan as revised to take into account the
amendments made by this section.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION
NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as most recently amended by section 1213 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 905), is further amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2015''; and
(2) in paragraph (1), by striking ``Operation Enduring
Freedom'' and inserting ``Iraq or in Operation Enduring Freedom
in Afghanistan''.
(b) Other Support.--Subsection (b) of such section, as so amended,
is further amended by inserting ``Iraq or in'' before ``Operation
Enduring Freedom in Afghanistan''.
(c) Limitation on Amounts Available.--Subsection (d)(1) of such
section, as so amended, is further amended--
(1) in the second sentence, by striking ``during fiscal year
2014 may not exceed $1,500,000,000'' and inserting ``during
fiscal year 2015 may not exceed $1,200,000,000''; and
(2) in the third sentence, by striking ``during fiscal year
2013 may not exceed $1,200,000,000'' and inserting ``during
fiscal year 2015 may not exceed $1,000,000,000''.
[[Page 128 STAT. 3548]]
(d) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393),
as most recently amended by section 1213(c) of the National Defense
Authorization Act for Fiscal Year 2014 (127 Stat. 906), is further
amended by striking ``September 30, 2014'' and inserting ``September 30,
2015''.
(e) Extension of Limitation on Reimbursement of Pakistan Pending
Certification on Pakistan.--Section 1227(d)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
2001), as amended by section 1213(d) of the National Defense
Authorization Act for Fiscal Year 2014 (127 Stat. 906), is further
amended by striking ``fiscal year 2014'' and inserting ``fiscal year
2015''.
(f) Additional Limitation on Reimbursement of Pakistan Pending
Certification on Pakistan.--Of the total amount of reimbursements and
support authorized for Pakistan during fiscal year 2015 pursuant to the
third sentence of section 1233(d)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (as amended by subsection
(b)(2)), $300,000,000 shall not be eligible for the waiver under section
1227(d)(2) of the National Defense Authorization Act for Fiscal Year
2013 (126 Stat. 2001) unless the Secretary of Defense certifies to the
congressional defense committees that--
(1) Pakistan has undertaken military operations in North
Waziristan that have contributed to significantly disrupting the
safe haven and freedom of movement of the Haqqani network in
Pakistan; and
(2) Pakistan has taken steps that have demonstrated a
commitment to ensuring that North Waziristan does not return to
being a safe haven for the Haqqani network.
SEC. 1223. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION
FORCES SUPPORTING CERTAIN UNITED STATES
MILITARY OPERATIONS.
(a) Extension.--Section 1234 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394), as most
recently amended by section 1217(a) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
909), is further amended--
(1) in subsection (a), by striking ``fiscal year 2014'' and
inserting ``fiscal year 2015'';
(2) in subsection (d), by striking ``during the period
beginning on October 1, 2013, and ending on December 31, 2014''
and inserting ``during the period beginning on October 1, 2014,
and ending on December 31, 2015''; and
(3) in subsection (e)(1), by striking ``December 31, 2014''
and inserting ``December 31, 2015''.
(b) Authority for Use of Funds in Connection With Iraq.--
(1) In general.--Subsection (a) of such section 1234, as so
amended, is further amended by inserting ``and Iraq'' after ``in
Afghanistan''.
(2) Conforming amendment.--The heading of such section 1234
is amended by inserting ``and iraq'' after ``afghanistan''.
[[Page 128 STAT. 3549]]
SEC. 1224. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN
NATIONAL SECURITY FORCES THROUGH THE END
OF FISCAL YEAR 2017.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report that contains a detailed plan for sustaining the
Afghanistan National Army (ANA) and the Afghanistan National Police
(ANP) of the Afghanistan National Security Forces (ANSF) through the end
of fiscal year 2017, with the objective of ensuring that the ANSF will
be able to independently and effectively conduct operations and maintain
security and stability in Afghanistan.
(b) Matters To Be Included.--The plan contained in the report
required under subsection (a) shall include a description of the
following matters:
(1) A comprehensive sustainment strategy, including target
end-strengths, budget, and defined objectives.
(2) The commitments for funding contributions from the North
Atlantic Treaty Organization (NATO) and non-NATO nations for
sustaining the ANSF through the end of fiscal year 2017, any
shortfalls in funding for such purposes, and the plan for
achieving such commitments as necessary to sustain the ANSF.
(3) A mechanism for tracking funding, equipment, training,
and services provided to the ANSF by the United States,
countries participating in NATO's Operation Resolute Support,
and other members of the international community contributing to
the sustainment of the ANSF.
(4) Plans for assisting the Government of Afghanistan to
achieve the following goals:
(A) Improve and sustain effective Afghan security
institutions with fully capable senior leadership and
staff, including logistics, intelligence, medical, and
recruiting units.
(B) Train and equip key enabling capabilities,
including for the Afghan Special Operations Forces, the
Afghan Air Force, and Afghan Special Mission Wing, such
that these entities are fully-capable of conducting
operations independently and in sufficient numbers.
(C) Establish effective and sustainable ANSF-
readiness assessment tools and metrics.
(D) Improve and sustain strong, professional ANSF
officers at the junior-, mid-, and senior-levels.
(E) Enhance strong ANSF communication and control
between central command and regions, provinces, and
districts.
(F) Develop and improve institutional mechanisms for
incorporating lessons learned and best practices into
ANSF operations.
(G) Improve ANSF oversight mechanisms, including an
effective record-keeping system to track ANSF equipment
and personnel and a sustainable process to identify,
investigate, and eliminate corruption.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
[[Page 128 STAT. 3550]]
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1225. SEMIANNUAL REPORT ON ENHANCING SECURITY AND STABILITY
IN AFGHANISTAN.
(a) Reports Required.--
(1) In general.--The Secretary of Defense shall, in
coordination with the Secretary of State, submit to the
appropriate committees of Congress on a semiannual basis a
report on building and sustaining the Afghan National Security
Forces (ANSF) and enhancing security and stability in
Afghanistan.
(2) Submittal.--A report under paragraph (1) shall be
submitted not later than June 15 each year, for the 6-month
period ending on May 31 of such year, and not later than
December 15 each year, for the 6-month period ending on November
30 of such year. No report is required to be submitted under
paragraph (1) after the report required to be submitted on
December 15, 2017.
(3) Form.--Each report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Matters To Be Included.--Each report required under subsection
(a) shall include the following:
(1) Strategy and objectives of united states and nato
missions in afghanistan after 2014.--A detailed description of--
(A) the strategy and objectives of any post-2014
United States mission and any mission agreed by the
North Atlantic Treaty Organization (NATO), to train,
advise, and assist the ANSF or to conduct
counterterrorism operations; and
(B) indicators of effectiveness as developed by the
Secretary or NATO, as appropriate, in the assessment of
any such United States train, advise, and assist mission
and of any such train, advise, and assist mission agreed
by NATO, including efforts to build the counterterrorism
capabilities of the ANSF.
(2) Threat assessment.--An assessment of the current
security conditions in Afghanistan and the security conditions
anticipated in Afghanistan during the 24-month period beginning
on the date of the submittal of such report, including with
respect to threats from terrorist groups such as al-Qaeda, the
Taliban, and the Haqqani Network.
(3) Description of size and structure and strategy and
budget of ansf.--A description of--
(A) the size and force structure of the ANSF,
including the Afghanistan National Army (ANA), the
Afghanistan National Police (ANP), the Afghan Border
Police, the Afghan Local Police, and such other major
force components of the ANSF as the Secretary considers
appropriate;
(B) the rationale for any changes in the overall end
strength or the mix of force structure for the ANSF
during the period covered by such report;
(C) levels of recruitment, retention, and attrition
within the ANSF, in the aggregate and by force
component;
[[Page 128 STAT. 3551]]
(D) personnel end strength within the Afghanistan
Ministry of Defense and the Afghanistan Ministry of
Security;
(E) the strategy and budget of the ANSF; and
(F) a description of the activities of the ANSF
during the period covered by the report.
(4) Assessment of size, structure, capabilities, and
strategy of ansf.--An assessment whether the size, structure,
capabilities, and strategy of the ANSF are sufficient to provide
security in light of the current security conditions in
Afghanistan and the security conditions anticipated in
Afghanistan during the 24-month period beginning on the date of
the submittal of such report. Such assessment should describe
the risks and trade-offs the ANSF are making and any gaps in the
capacity and capabilities of the ANSF.
(5) Building key capabilities and enabling forces within
ansf.--
(A) A description of programs to achieve key mission
enabling capabilities within the ANSF, including any
major milestones and timelines, and the end states
intended to be achieved by such programs, including for
the following:
(i) Security institution capacity building.
(ii) Special operations forces and their key
enablers.
(iii) Intelligence.
(iv) Logistics.
(v) Maintenance.
(vi) Air forces.
(B) Metrics, as developed by the Commander of United
States forces in Afghanistan, for monitoring and
evaluating the performance of such programs in achieving
the intended outcomes of such programs.
(6) Financing the ansf.--A description of--
(A) any plan agreed by the United States, the
international community, and the Government of
Afghanistan to fund and sustain the ANSF that serves as
current guidance on such matters during the period
covered by such report, including a description of
whether such plan differs from--
(i) in the case of the first report submitted
under subsection (a), commitments undertaken at
the 2012 NATO Summit in Chicago and the Tokyo
Mutual Accountability Framework; or
(ii) in the case of any other report submitted
under subsection (a), such plan as set forth in
the previous report submitted under subsection
(a);
(B) the Afghan Security Forces Fund financing plan
through 2017;
(C) contributions by the international community to
sustaining the ANSF during the period covered by such
report;
(D) contributions by the Government of Afghanistan
to sustaining the ANSF during the period covered by such
report; and
(E) efforts to ensure that the Government of
Afghanistan can assume an increasing financial
responsibility for sustaining the ANSF consistent with
its commitments at
[[Page 128 STAT. 3552]]
the Chicago Summit and the Tokyo Mutual Accountability
Framework.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(d) Repeal of Superseded Authority.--Section 1230 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is
repealed.
SEC. 1226. SENSE OF CONGRESS ON STABILITY AND SOVEREIGNTY OF
AFGHANISTAN.
It is the sense of Congress that--
(1) a top national security priority for the United States
continues to be to support the stability and sovereignty of
Afghanistan and to help Afghanistan ensure that its territory is
not used by al Qaeda, the Haqqani Network, or other violent
extremist groups to launch attacks against the United States or
its interests;
(2) the presence of United States military forces in
Afghanistan after 2014 to train, advise, and assist the
Afghanistan National Security Forces (ANSF) and conduct
counterterrorism operations is a key step to maintaining the
significant gains achieved in Afghanistan and should be executed
consistent with the security conditions on the ground;
(3) any drawdown of such United States military forces and
operations should be considered in relation to security
conditions on the ground in Afghanistan at the time of the
drawdown and the recommendations of senior United States
military commanders; and
(4) NATO member countries and other members of the
international community should honor their commitments to
support Afghanistan at the Lisbon, Chicago, and Tokyo
conferences taking into account the mutual accountability
framework agreed by the Government of Afghanistan.
SEC. 1227. EXTENSION OF AFGHAN SPECIAL IMMIGRANT PROGRAM.
Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note) is amended--
(1) in paragraph (2)(A)--
(A) by amending clause (ii) to read as follows:
``(ii) was or is employed in Afghanistan on or
after October 7, 2001, for not less than 1 year--
``(I) by, or on behalf of, the
United States Government; or
``(II) by the International Security
Assistance Force in a capacity that
required the alien--
``(aa) while traveling off-
base with United States military
personnel stationed at
International Security
Assistance Force, to serve as an
interpreter or translator for
such United States military
personnel; or
``(bb) to perform sensitive
and trusted activities for
United States military personnel
[[Page 128 STAT. 3553]]
stationed at International
Security Assistance Force;'';
(B) in clause (iii), by striking ``the United States
Government,'' and inserting ``an entity or organization
described in clause (ii),''; and
(C) in clause (iv), by striking ``by the United
States Government.'' and inserting ``described in clause
(ii).'';
(2) by adding at the end of paragraph (3) the following:
``(F) Fiscal years 2015 and 2016.--In addition to
any unused balance under subparagraph (D), for the
period beginning on the date of the enactment of this
subparagraph and ending on September 30, 2016, the total
number of principal aliens who may be provided special
immigrant status under this section shall not exceed
4,000. For purposes of status provided under this
subparagraph--
``(i) the period during which an alien must
have been employed in accordance with paragraph
(2)(A)(ii) must terminate on or before September
30, 2015;
``(ii) the principal alien seeking special
immigrant status under this subparagraph shall
apply to the Chief of Mission in accordance with
paragraph (2)(D) not later than December 31, 2015;
and
``(iii) the authority to issue visas shall
commence on the date of the enactment of this
subparagraph and shall terminate on March 31,
2017.''; and
(3) by adding at the end the following:
``(14) Report.--Not later than 60 days after the date of the
enactment of this paragraph, the Secretary of State and the
Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives containing the following
information:
``(A) The occupations of aliens who--
``(i) were provided special immigrant status
under this section; and
``(ii) were considered principal aliens for
such purpose.
``(B) The number of appeals submitted under
paragraph (2)(D)(ii)(I)(bb) from application denials by
the Chief of Mission and the number of those
applications that were approved pursuant to the appeal.
``(C) The number of applications denied by the Chief
of Mission on the basis of derogatory information that
were appealed and the number of those applications that
were approved pursuant to the appeal.
``(D) The number of applications denied by the Chief
of Mission on the basis that the applicant did not
establish faithful and valuable service to the United
States Government that were appealed and the number of
those applications that were approved pursuant to the
appeal.
``(E) The number of applications denied by the Chief
of Mission for failure to establish the one-year period
of employment required that were appealed and the number
of those applications that were approved pursuant to the
appeal.
[[Page 128 STAT. 3554]]
``(F) The number of applications denied by the Chief
of Mission for failure to establish employment by or on
behalf of the United States Government that were
appealed and the number of those applications that were
approved pursuant to the appeal.
``(G) The number of special immigrant status
approvals revoked by the Chief of Mission and the reason
for each revocation.
``(H) The number of special immigrant status
approvals revoked by the Chief of Mission that were
appealed and the number of those revocations that were
overturned pursuant to the appeal.''.
SEC. 1228. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS AGAINST
AL-QAEDA.
(a) Independent Assessment.--The Secretary of Defense, in
coordination with the Secretary of State and the Director of National
Intelligence, shall provide for the conduct of an independent assessment
of the effectiveness of the United States efforts to disrupt, dismantle,
and defeat al-Qaeda, including its affiliated groups, associated groups,
and adherents since September 11, 2001.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) An assessment of al-Qaeda core's current relationship
with affiliated groups, associated groups, and adherents, and
how it has changed over time.
(2) An assessment of the current objectives, capabilities,
and overall strategy of al-Qaeda core, its affiliated groups,
associated groups, and adherents, and how they have changed over
time.
(3) An assessment of the operational and organizational
structure of al-Qaeda core, its affiliated groups, associated
groups, and adherents, and how it has changed over time.
(4) An analysis of the activities that have proven to be
most effective and least effective at disrupting and dismantling
al Qaeda, its affiliated groups, associated groups, and
adherents.
(5) Recommendations for United States policy to disrupt,
dismantle, and defeat al-Qaeda, its affiliated groups,
associated groups, and adherents.
(6) Other matters that the Secretary determines to be
appropriate.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the entity selected for the conduct
of the assessment required by subsection (a) shall provide to
the Secretary of Defense and the appropriate committees of
Congress a report containing its findings as a result of the
assessment.
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
[[Page 128 STAT. 3555]]
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1229. SENSE OF CONGRESS ON SECURITY OF AFGHAN WOMEN.
It is the sense of Congress that--
(1) the United States Government should continue to work
with the Government of Afghanistan and Afghan civil society to
promote the rights of women in Afghanistan and their inclusion
in the political, economic, and security transition process; and
(2) the United States Government should continue to support
and encourage efforts by the Government of Afghanistan to
recruit, integrate, train, and retain women in the Afghanistan
National Security Forces (ANSF), including through the use of
not less than $25,000,000 as specified in section 1531(c) of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 938) for programs and activities for such
purposes, which may include--
(A) assistance in prioritizing efforts to increase
the number of women serving in the ANSF, taking into
account the Master Ministerial Development Plan for
Afghanistan National Army (ANA) Gender Integration;
(B) further development of training for the ANA and
the Afghanistan National Police (ANP) to increase
awareness and responsiveness among ANA and ANP personnel
regarding the unique security challenges women confront
when serving in those forces;
(C) assistance in the development of a plan to
increase the number of female security officers
specifically trained to address gender-based violence,
such as the Family Response Units of the ANP, and to
ensure that such units are appropriately resourced;
(D) assistance in the development of accountability
mechanisms for ANA and ANP personnel relating to the
treatment of women and girls, including female members
of the ANSF;
(E) assistance in the implementation of a plan,
developed in coordination with the Government of
Afghanistan, to promote the equal treatment of female
members of the ANA and ANP through such steps as
providing appropriate equipment, modifying facilities,
and ensuring literacy and gender awareness training for
female recruits and male counterparts; and
(F) assistance to the Afghan Ministry of Defense and
the Afghan Ministry of Interior in recruiting, training,
and funding sufficient female searchers and security
officers to staff voting stations during the 2015
parliamentary elections.
SEC. 1230. REVIEW PROCESS FOR USE OF UNITED STATES FUNDS FOR
CONSTRUCTION PROJECTS IN AFGHANISTAN
THAT CANNOT BE PHYSICALLY ACCESSED BY
UNITED STATES GOVERNMENT PERSONNEL.
(a) Prohibition.--
(1) In general.--None of the funds authorized to be
appropriated by this Act may be obligated or expended for a
construction project in Afghanistan in excess of $1,000,000 that
cannot
[[Page 128 STAT. 3556]]
be audited and physically inspected by authorized United States
Government personnel or their designated representatives, in
accordance with generally-accepted auditing guidelines.
(2) Applicability.--Paragraph (1) shall apply only with
respect to a project that is initiated on or after the date of
the enactment of this Act.
(b) Waiver.--The prohibition in subsection (a) may be waived with
respect to a project otherwise covered by that subsection if not later
than 15 days prior to the initial obligation of funds for the project
the Secretary of Defense submits to the congressional defense committees
a report that contains the following:
(1) A determination of the Secretary of Defense that--
(A) the project clearly contributes to United States
national interests or strategic objectives;
(B) the project has been coordinated with the
Government of Afghanistan and any other implementing
agencies or international donors; and
(C) adequate arrangements have been made for
sustainment of the project following its completion,
including arrangements with respect to funding and
technical capacity for sustainment.
(2) A plan that contains--
(A) a description of how the Secretary of Defense
will monitor the use of the funds for the project--
(i) to ensure the funds are used for the
specific purposes for which the funds are
intended; and
(ii) to mitigate waste, fraud, and abuse; and
(B) metrics to measure the progress and
effectiveness of the project in meeting its objectives.
SEC. 1231. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY
AND SECURITY FORCES OF AFGHANISTAN.
(a) Extension.--Subsection (h) of section 1222 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1992) is amended by striking ``December 31, 2014'' and inserting
``December 31, 2015''.
(b) Quarterly Reports.--Subsection (f)(1) of such section is amended
by striking ``March 31, 2015'' and inserting ``March 31, 2016''.
(c) Excess Defense Articles.--Subsection (i)(2) of such section is
amended by striking ``and 2014'' each place it appears and inserting ``,
2014, and 2015''.
SEC. 1232. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392), as most
recently amended by section 1212 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 905), is further
amended--
(1) in subsection (a)--
(A) by striking ``$25,000,000'' and inserting
``$5,000,000''; and
(B) by striking ``for fiscal year 2014'' and
inserting ``for fiscal year 2015''; and
(2) in subsection (e), by striking ``December 31, 2014'' and
inserting ``December 31, 2015''.
[[Page 128 STAT. 3557]]
SEC. 1233. CLEARANCE OF UNEXPLODED ORDNANCE ON FORMER UNITED
STATES TRAINING RANGES IN AFGHANISTAN.
(a) Authority to Conduct Clearance.--Subject to subsection (b), the
Secretary of Defense may, using funds specified in subsection (c),
conduct surface and sub-surface clearance of unexploded ordnance at
closed training ranges used by the Armed Forces of the United States in
Afghanistan.
(b) Conditions on Authority.--
(1) Limitation to ranges not transferred to afghanistan.--
The surface and sub-surface clearance of unexploded ordnance
authorized under subsection (a) may only take place on training
ranges managed and operated by the Armed Forces of the United
States that have not been transferred to the Government of the
Islamic Republic of Afghanistan for use by its armed forces.
(2) Limitation on amounts available.--Funds expended for
clearance pursuant to the authority in subsection (a) through
September 30, 2016, may not exceed $250,000,000.
(c) Funds.--The surface and sub-surface clearance of unexploded
ordnance authorized by subsection (a) shall be paid for using amounts as
follows:
(1) For fiscal year 2015, amounts authorized to be
appropriated by section 1502 and available for operation and
maintenance for overseas contingency operations.
(2) For fiscal year 2016, amounts authorized to be
appropriated for fiscal year 2016 for the Department of Defense
as additional authorizations of appropriations for overseas
contingency operations and available for operation and
maintenance for overseas contingency operations.
(d) Unexploded Ordnance Defined.--In this section, the term
``unexploded ordnance'' has the meaning given that term in section
101(e)(5) of title 10, United States Code.
SEC. 1234. REPORT ON IMPACT OF END OF MAJOR COMBAT OPERATIONS IN
AFGHANISTAN ON AUTHORITY TO USE MILITARY
FORCE.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of State and the Attorney General, submit to the
appropriate committees of Congress a report setting forth an assessment
of the impact, if any, of the end of major combat operations in
Afghanistan on the authority of the Armed Forces of the United States to
use military force, including the authority to detain, with regard to al
Qaeda, the Taliban, and associated forces, pursuant to--
(1) the Authorization for Use of Military Force (Public Law
107-40); and
(2) any other available legal authority.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate; and
[[Page 128 STAT. 3558]]
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the House
of Representatives.
SEC. 1235. REPORT ON BILATERAL SECURITY COOPERATION WITH PAKISTAN.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act and every six months thereafter, the Secretary of
Defense shall, in consultation with the Secretary of State, submit to
the appropriate committees of Congress a report on the nature and extent
of bilateral security cooperation between the United States and
Pakistan.
(b) Elements.--The report required under subsection (a) shall
include, at a minimum, the following:
(1) A description of any strategic security objectives that
the United States and Pakistan have agreed to pursue in
cooperation.
(2) A description of programs or activities that the United
States and Pakistan have jointly undertaken to pursue mutually
agreed security cooperation objectives.
(3) A description and assessment of the effectiveness of
efforts by Pakistan, unilaterally or jointly with the United
States, to disrupt operations and eliminate safe havens of al
Qaeda, Tehrik-i-Taliban Pakistan, and other militant extremist
groups such as the Haqqani Network and the Quetta Shura Taliban
located in Pakistan.
(4) A description and assessment of efforts by Pakistan,
unilaterally or jointly with the United States, to counter the
threat of improvised explosive devices and the networks involved
in the acquisition, production, and delivery of such devices and
their precursors and components.
(5) An assessment of the effectiveness of any United States
security assistance to Pakistan to achieve the strategic
security objectives described in paragraph (1).
(6) A description of any metrics used to assess the
effectiveness of programs and activities described in paragraph
(2).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Sunset.--The requirements in this section shall terminate on
December 31, 2017.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(f) Repeal of Obsolete and Superseded Requirements.--Section 1232 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) <<NOTE: 122 Stat. 392.>> is amended by striking subsections (a)
and (c).
SEC. 1236. AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC
STATE IN IRAQ AND THE LEVANT.
(a) In General.--The Secretary of Defense is authorized, in
coordination with the Secretary of State, to provide assistance,
[[Page 128 STAT. 3559]]
including training, equipment, logistics support, supplies, and
services, stipends, facility and infrastructure repair and renovation,
and sustainment, to military and other security forces of or associated
with the Government of Iraq, including Kurdish and tribal security
forces or other local security forces, with a national security mission,
through December 31, 2016, for the following purposes:
(1) Defending Iraq, its people, allies, and partner nations
from the threat posed by the Islamic State of Iraq and the
Levant (ISIL) and groups supporting ISIL.
(2) Securing the territory of Iraq.
(b) Notice Before Provision of Assistance.--Of the funds authorized
to be appropriated under this section, not more than 25 percent of such
funds may be obligated or expended until not later than 15 days after--
(1) the Secretary of Defense, in coordination with the
Secretary of State, submits to the appropriate congressional
committees and leadership of the House of Representatives and
Senate a report, in unclassified form with a classified annex as
appropriate, that contains a description of--
(A) the plan for providing such assistance;
(B) an identification of such forces designated to
receive such assistance; and
(C) the plan for re-training and re-building such
forces; and
(2) the President submits to the appropriate congressional
committees and leadership of the House of Representatives and
Senate a report, in unclassified form with a classified annex as
appropriate, that contains a description of how such assistance
supports a larger regional strategy.
(c) Plan Elements.--The plan required in subsection (a)(1) shall
include, at a minimum, a description of--
(1) the goals and objectives of assistance authorized under
subsection (a);
(2) the concept of operations, timelines, and types of
training, equipment, stipends, sustainment, and supplies to be
provided;
(3) the roles and contributions of partner nations;
(4) the number and role of United States Armed Forces
personnel involved;
(5) any additional military support and sustainment
activities; and
(6) any other relevant details.
(d) Quarterly Progress Report.--Not later than 90 days after the
date on which the Secretary of Defense submits the report required in
subsection (b)(1), and every 30 days thereafter, the Secretary of
Defense, in coordination with the Secretary of State, shall provide the
appropriate congressional committees and leadership of the House of
Representatives and the Senate with a progress report. Such progress
report shall, based on the most recent quarterly information, include a
description of the following:
(1) Any updates to or changes in the plan, strategy,
process, vetting requirements and process as described in
subsection (e), and end-use monitoring mechanisms and
procedures.
(2) A description of how attacks against United States or
coalition personnel are being mitigated, statistics on any such
attacks, including ``green-on-blue'' attacks.
[[Page 128 STAT. 3560]]
(3) A description of the forces receiving assistance
authorized under subsection (a).
(4) A description of the recruitment, throughput, and
retention rates of recipients and equipment.
(5) A description of any misuse or loss of provided
equipment and how such misuse or loss is being mitigated.
(6) An assessment of the operational effectiveness of the
forces receiving assistance authorized under subsection (a).
(7) A description of sustainment support provided to the
forces authorized under subsection (a).
(8) A list of projects to repair or renovate facilities
authorized under subsection (a).
(9) A statement of the amount of funds expended during the
period for which the report is submitted.
(10) An assessment of the effectiveness of the assistance
authorized under subsection (a).
(e) Vetting.--The Secretary of Defense should ensure that prior to
providing assistance to elements of any forces described in subsection
(a) such elements are appropriately vetted, including at a minimum, by--
(1) conducting assessments of such elements for associations
with terrorist groups or groups associated with the Government
of Iran; and
(2) receiving commitments from such elements to promote
respect for human rights and the rule of law.
(f) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(g) Funding.--Of the amounts authorized to be appropriated in this
Act for Overseas Contingency Operations in title XV for fiscal year
2015, there are authorized to be appropriated $1,618,000,000 to carry
out this section. Amounts authorized to be appropriated under this
subsection are authorized to remain available until September 30, 2016.
(h) Authority to Accept Contributions.--The Secretary of Defense may
accept and retain contributions, including assistance in-kind, from
foreign governments, including the Government of Iraq, to provide
assistance authorized under subsection (a). Any funds accepted by the
Secretary may be credited to the account from which funds are made
available for the provision of assistance authorized under subsection
(a) and may be used for such purpose until expended.
(i) Construction of Authorization.--Nothing in this section shall be
construed to constitute a specific statutory authorization for the
introduction of United States Armed Forces into hostilities or into
situations wherein hostilities are clearly indicated by the
circumstances.
(j) Waiver Authority.--
(1) By secretary of defense.--
(A) In general.--For purposes of the provision of
assistance pursuant to subsection (a), the Secretary of
[[Page 128 STAT. 3561]]
Defense may waive any provision of law described in
subparagraph (B) if the Secretary--
(i) determines that such provision of law
would (but for the waiver) prohibit, restrict,
delay, or otherwise limit the provision of such
assistance; and
(ii) submits to the appropriate congressional
committees a notice of and justification for the
waiver and the provision of law to be waived.
(B) Provisions of law.--The provisions of law
described in this subparagraph are the following:
(i) Any provision of law relating to the
acquisition of items and support services.
(ii) Sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785).
(2) By president.--For purposes of the provision of
assistance pursuant to subsection (a), the President may waive
any provision of law other than a provision of law described in
paragraph (1)(B) if the President determines that it is vital to
the national security interests of the United States to waive
such provision of law. Such waiver shall not take effect until
15 days after the date on which the President notifies the
appropriate congressional committees of such determination and
the provision of law to be waived.
(3) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act the President shall
transmit to the congressional defense committees a
report that provides a specific list of provisions of
law that need to be waived under this subsection for
purposes of the provision of assistance pursuant to
subsection (a) and a justification for each such waiver.
(B) Update.--The President shall submit to the
congressional defense committees an update of the report
required by subparagraph (A) not later than 180 days
after the date of the enactment of this Act.
(k) Cost-Sharing Requirement.--
(1) In general.--Of the funds authorized to be appropriated
under this subsection, not more than 60 percent of such funds
may be obligated or expended until not later than 15 days after
the date on which the Secretary of Defense certifies to the
appropriate congressional committees and leadership of the House
of Representatives and the Senate that an amount equal to not
less than 40 percent of the amount authorized to be appropriated
to carry out this section has been contributed by other
countries and entities for the purposes described in subsection
(a), which may include contributions of in-kind support for
forces described in subsection (a), as determined from October
1, 2014, of which not less than 50 percent of such amount
contributed by other countries and entities has been contributed
by the Government of Iraq.
(2) Exception.--The limitation in paragraph (1) shall not
apply if the Secretary of Defense determines, in writing, that
the national security objectives of the United States will be
compromised by the application of the limitation to any such
assistance, and notifies the appropriate congressional
committees not less than 15 days in advance of the exemption
taking effect, including a justification for the Secretary's
determination
[[Page 128 STAT. 3562]]
and a description of the assistance to be exempted from the
application of such limitation.
SEC. 1237. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE
OF SECURITY COOPERATION IN IRAQ.
(a) Extension.--Subsection (f)(1) of section 1215 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1631; 10 U.S.C. 113 note), as most recently amended by section
1214 of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 906; 10 U.S.C. 113 note), is further
amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2015'';
(2) by striking ``non-operational''; and
(3) by striking ``in an institutional environment'' and
inserting ``at a base or facility of the Government of Iraq''.
(b) Amount Available.--Such section is further amended--
(1) in subsection (c), by striking ``fiscal year 2014 may
not exceed $209,000,000'' and inserting ``fiscal year 2015 may
not exceed $140,000,000''; and
(2) in subsection (d), by striking ``fiscal year 2014'' and
inserting ``fiscal year 2015''.
Subtitle C--Matters Relating to the Russian Federation
SEC. 1241. LIMITATION ON MILITARY COOPERATION BETWEEN THE UNITED
STATES AND THE RUSSIAN FEDERATION.
(a) Limitation.--None of the funds authorized to be appropriated for
fiscal year 2015 for the Department of Defense may be used for any
bilateral military-to-military cooperation between the Governments of
the United States and the Russian Federation until the Secretary of
Defense, in coordination with the Secretary of State, certifies to the
appropriate congressional committees that--
(1) the Russian Federation has ceased its occupation of
Ukrainian territory and its aggressive activities that threaten
the sovereignty and territorial integrity of Ukraine and members
of the North Atlantic Treaty Organization; and
(2) the Russian Federation is abiding by the terms of and
taking steps in support of the Minsk Protocol, signed on
September 5, 2014, regarding a ceasefire in eastern Ukraine.
(b) Nonapplicability.--The limitation in subsection (a) shall not
apply to--
(1) any activities necessary to ensure the compliance of the
United States with its obligations or the exercise of rights of
the United States under any bilateral or multilateral arms
control or nonproliferation agreement or any other treaty
obligation of the United States; and
(2) any activities required to provide logistical or other
support to the conduct of United States or North Atlantic Treaty
Organization military operations in Afghanistan or the
withdrawal from Afghanistan.
(c) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if--
[[Page 128 STAT. 3563]]
(1) the Secretary of Defense, in coordination with the
Secretary of State--
(A) determines that the waiver is in the national
security interest of the United States; and
(B) submits to the appropriate congressional
committees--
(i) a notification that the waiver is in the
national security interest of the United States
and a description of the national security
interest covered by the waiver; and
(ii) a report explaining why the Secretary of
Defense cannot make the certification under
subsection (a); and
(2) a period of 15 days has elapsed following the date on
which the Secretary of Defense, in coordination with the
Secretary of State, submits the information in the report under
subparagraph (B)(ii).
(d) Exception for Certain Military Bases.--The certification
requirement specified in paragraph (1) of subsection (a) shall not apply
to military bases of the Russian Federation in Ukraine's Crimean
peninsula operating in accordance with its 1997 agreement on the Status
and Conditions of the Black Sea Fleet Stationing on the Territory of
Ukraine.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(f) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to funds described in
subsection (a) that are unobligated on or after such date of enactment.
SEC. 1242. NOTIFICATION AND ASSESSMENT OF PROPOSAL TO MODIFY OR
INTRODUCE NEW AIRCRAFT OR SENSORS FOR
FLIGHT BY THE RUSSIAN FEDERATION UNDER
OPEN SKIES TREATY.
(a) Notification.--Not later than 30 days after the date on which
the Russian Federation submits to the States Parties to the Open Skies
Treaty a proposal to modify or introduce a new aircraft or sensor for
flight by the Russian Federation under the Open Skies Treaty, the
President shall notify the appropriate committees of Congress of such
proposal and the relevant details thereof.
(b) Assessment.--
(1) In general.--Not later than 30 days prior to the date on
which the United States intends to agree to a proposal described
in subsection (a), the Director of National Intelligence,
jointly with the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, and in consultation with the Secretary of
State, shall submit to the appropriate committees of Congress an
assessment of such proposal on the national security of the
United States.
(2) Additional element.--The assessment required by
paragraph (1) shall include a description of any plans of the
[[Page 128 STAT. 3564]]
United States to mitigate the effect of the proposal on the
national security of the United States, including an analysis of
the cost and effectiveness of any such plans.
(3) Form.--The assessment required by paragraph (1) may be
submitted in classified or unclassified form as appropriate.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence and the
Committee on Foreign Relations of the Senate; and
(C) the Permanent Select Committee on Intelligence
and the Committee on Foreign Affairs of the House of
Representatives.
(2) Open skies treaty.--The term ``Open Skies Treaty'' means
the Treaty on Open Skies, done at Helsinki March 24, 1992, and
entered into force January 1, 2002.
SEC. 1243. LIMITATIONS ON PROVIDING CERTAIN MISSILE DEFENSE
INFORMATION TO THE RUSSIAN FEDERATION.
Section 1246(c) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 923) is amended--
(1) in paragraph (1), by striking ``2016'' and inserting
``2017'';
(2) in paragraph (2)--
(A) by inserting after ``2014'' the following: ``or
2015''; and
(B) by adding at the end before the period the
following: ``or information relating to velocity at
burnout of United States missile defense interceptors or
targets''; and
(3) <<NOTE: 22 USC 5952 note.>> in paragraph (3), by
inserting ``and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives'' after ``congressional defense committees''.
SEC. 1244. <<NOTE: 22 USC 2593a note.>> REPORT ON NON-COMPLIANCE
BY THE RUSSIAN FEDERATION WITH ITS
OBLIGATIONS UNDER THE INF TREATY.
(a) Findings.--Congress makes the following findings:
(1) It was the object and purpose of the INF Treaty to
eliminate the production or deployment of ground launched
ballistic and cruise missiles with a range of between 500 and
5,500 kilometers, which was accomplished in 1992.
(2) The July 2014 Department of State annual report on
``Adherence to and Compliance with Arms Control,
Nonproliferation, and Disarmament Agreements and Commitments''
stated that ``The United States has determined that the Russian
Federation is in violation of its obligations under the INF
Treaty not to possess, produce, or flight-test a ground-launched
cruise missile (GLCM) with a range capability of 500km to
5,500km, or to possess or produce launchers of such missiles.''.
(3) In a letter to the Senate Armed Services Committee dated
October 23, 2014, General Martin Dempsey, Chairman of the Joint
Chiefs of Staff, wrote ``these violations are a serious
challenge to the security of the United States and our allies.
These actions, particularly when placed in the broader context
of Russian regional aggression, must be met with a strategic
response.''.
[[Page 128 STAT. 3565]]
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Russian Federation's actions in violation of its
obligations under the INF Treaty adversely affect the national
security of the United States and its allies, including the
members of the North Atlantic Treaty Organization (NATO) and
those in East Asia;
(2) the Government of the Russian Federation is responsible
for this violation and also for returning to compliance with the
INF Treaty;
(3) it is in the national security interests of the United
States and its allies for the INF Treaty to remain in effect and
for the Russian Federation to return to full and verifiable
compliance with all its obligations under the INF Treaty; and
(4) as identified in section 1061 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 865), the President should take appropriate actions to
resolve the issues relating to noncompliance by the Russian
Federation with its obligations under the INF Treaty.
(c) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on noncompliance
by the Russian Federation with its obligations under the INF
Treaty.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) An assessment of the effect of Russian
noncompliance on the national security interests of the
United States and its allies, including the North
Atlantic Treaty Organization, and those in East Asia.
(B) A description of the President's plan to resolve
issues related to Russian noncompliance, including--
(i) actions that have been taken, and what
further actions are planned or warranted by the
United States;
(ii) plans to address Russian noncompliance
diplomatically with the Russian Federation to
resolve concerns about such noncompliance and
bring Russia back into full compliance with the
INF Treaty;
(iii) an assessment of possible steps
(including verification measures) that would
permit confidence that the Russian Federation has
returned to full compliance; and
(iv) the status of any United States efforts
to develop coordinated or cooperative responses
with allies.
(C) An assessment of whether Russian noncompliance
threatens the viability of the INF Treaty, whether such
noncompliance constitutes a material breach of the INF
Treaty, and whether it is in the interests of the United
States to remain a party to the INF Treaty if such
noncompliance continues.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Briefings Required.--At the time of the submission of the report
required under subsection (c), and every six months thereafter until the
date on which the Russian Federation is in
[[Page 128 STAT. 3566]]
compliance with its obligations under the INF Treaty, the Secretary of
State, jointly with the Secretary of Defense and the heads of such other
departments or agencies as appropriate, shall provide to the appropriate
congressional committees a briefing on the status of United States
efforts to resolve its concerns relating to noncompliance by the Russian
Federation with its obligations under the INF Treaty.
(e) Notification.--In the event the President determines that the
Russian Federation has deployed, or intends to deploy, systems that
violate the INF Treaty, the President shall promptly notify the
appropriate congressional committees of such determination and any plans
to respond to such deployments.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, commonly referred to as the
Intermediate-Range Nuclear Forces (INF) Treaty, signed at
Washington December 8, 1987, and entered into force June 1,
1988.
SEC. 1245. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
(a) Report Required.--Not later than June 1 of each year, the
Secretary of Defense shall submit to the appropriate congressional
committees a report, in both classified and unclassified form, on the
security and military strategies and capabilities of the Russian
Federation (in this section referred to as ``Russia'').
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) An assessment of the security priorities and objectives
of Russia, including those priorities and objectives that would
affect the North Atlantic Treaty Organization (NATO), the Middle
East, and the People's Republic of China.
(2) A description of the goals and factors shaping Russian
security strategy and military strategy, including military
spending and investment priorities and their alignment with the
security priorities and objectives described in paragraph (1).
(3) An assessment of the force structure of the Russian
military.
(4) A description of Russia's current missile defense
strategy and capabilities, including efforts to develop missile
defense capabilities.
(5) A description of developments in Russian military
doctrine and training.
(6) An assessment of the tactics, techniques, and procedures
used by Russia in operations in Ukraine.
[[Page 128 STAT. 3567]]
(7) An assessment of the proliferation activities of Russia
and Russian entities, as a supplier of materials, technologies,
or expertise relating to nuclear weapons or other weapons of
mass destruction or missile systems.
(8) A description of Russia's asymmetric capabilities,
including its strategy and efforts to develop and deploy
electronic warfare, space and counterspace, and cyber warfare
capabilities, including details on the number of malicious cyber
incidents and associated activities against Department of
Defense networks that are known or suspected to have been
conducted or directed by the Government of the Russian
Federation.
(9) A description of Russia's nuclear strategy and
associated doctrines and nuclear capabilities, including the
size and state of Russia's nuclear weapons stockpile, its
nuclear weapons production capacities, and plans for developing
its nuclear capabilities.
(10) A description of Russia's anti-access and area denial
capabilities.
(11) A description of Russia's modernization program for its
command, control, communications, computers, intelligence,
surveillance, and reconnaissance program and its applications
for Russia's precision guided weapons.
(12) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-Russian
engagement and cooperation on security matters.
(13) The current state of United States military-to-military
cooperation with Russia's armed forces, which shall include the
following:
(A) A comprehensive and coordinated strategy for
such military-to-military cooperation.
(B) A summary of all such military-to-military
cooperation during the one-year period ending on the day
before the date of submission of the report, including a
summary of topics discussed.
(C) A description of such military-to-military
cooperation planned for the 12-month period beginning on
the date of submission of the report.
(D) An assessment by the Secretary of Defense of the
benefits that Russia expects to gain from such military-
to-military cooperation.
(E) An assessment by the Secretary of Defense of the
benefits the Department of Defense expects to gain from
such military-to-military cooperation, and any concerns
regarding such cooperation.
(F) An assessment by the Secretary of Defense of how
such military-to-military cooperation fits into the
larger security relationship between the United States
and Russia.
(14) A description of changes to United States policy on
military-to-military contacts with Russia resulting from
Russia's annexation of Crimea.
(15) Other military and security developments involving
Russia that the Secretary of Defense considers relevant to
United States national security.
[[Page 128 STAT. 3568]]
(c) Nonduplication.--If any information required under subsection
(b) has been included in another report or notification previously
submitted to Congress as required by law, the Secretary of Defense may
provide a list of such reports and notifications at the time of
submitting the report required by subsection (a) in lieu of including
such information in the report required by subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(e) Repeal of Superseded Authority.--Section 10 of the Support for
the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine
Act of 2014 (Public Law 113-95) <<NOTE: 22 USC 8909.>> is repealed.
(f) Sunset.--This section shall terminate on June 1, 2018.
SEC. 1246. PROHIBITION ON USE OF FUNDS TO ENTER INTO CONTRACTS OR
OTHER AGREEMENTS WITH ROSOBORONEXPORT.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act for fiscal year 2015 may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, to make a
grant to, or to provide a loan or loan guarantee to Rosoboronexport or a
subsidiary that is publicly known to be controlled by Rosoboronexport.
(b) Waiver.--
(1) In general.--Subject to paragraph (3), the Secretary of
Defense may waive the application of subsection (a) with respect
to a contract or other agreement for the supply of spare parts
for, or conduct of any other activity related to, the
maintenance of helicopters operated by the Afghan National
Security Forces or otherwise purchased by the Department of
Defense only if, prior to issuing the waiver, the Secretary
submits to the congressional defense committees a certification
described in paragraph (2).
(2) Certification.--A certification referred to in paragraph
(1) is a certification that contains the following:
(A) A determination of the Commander of United
States forces in Afghanistan that--
(i) the supply of spare parts or conduct of
the related activity is critical to the success of
the mission of the Afghan National Security Forces
in Afghanistan; and
(ii) the failure to supply spare parts or
conduct the related activity would have a negative
impact on the mission of United States forces in
Afghanistan.
(B) A determination of the Under Secretary of
Defense for Acquisition, Technology, and Logistics that
no practicable alternative exists to entering into such
contract or other agreement for supply of spare parts or
conduct of the related activity.
[[Page 128 STAT. 3569]]
(C) A determination of the Secretary of Defense,
after consideration of the determinations described in
subparagraphs (A) and (B), that the waiver is in the
national security interests of the United States.
(3) Initial limitation.--The Secretary of Defense may
exercise the authority of paragraph (1) beginning on or after
the date on which the Secretary submits the report required by
the matter relating to section 1531 in the Joint Explanatory
Statement to accompany the National Defense Authorization Act
for Fiscal Year 2014 (H.R. 3304, One Hundred Thirteenth
Congress) regarding the potential to incorporate United States-
manufactured rotary wing aircraft into the Afghan National
Security Forces after the current program of record is
completed.
(c) 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 the following:
(1) A list of known transfers of lethal military equipment
by Rosoboronexport to the Government of the Syria since March
15, 2011.
(2) A list of known contracts, if any, that Rosoboronexport
has signed with the Government of the Syria since March 15,
2011.
(3) A list of existing contracts, subcontracts, memoranda of
understanding, cooperative agreements, grants, loans, and loan
guarantees between the Department of Defense and
Rosoboronexport, including a description of the transactions,
signing dates, values, and quantities.
(4) A discussion of what role, if any, Rosoboronexport has
had in providing military weapons, including heavy weapons, to
the rebel forces in eastern Ukraine.
SEC. 1247. REPORT ON THE NEW START TREATY.
(a) Findings.--Congress makes the following findings:
(1) There have been significant changes in the geopolitical
environment during 2014, including developments that pose a
challenge to the national security interests of the United
States.
(2) The July 2014 Department of State annual report on
``Adherence to and Compliance with Arms Control,
Nonproliferation, and Disarmament Agreements and Commitments''
stated that ``The United States has determined that the Russian
Federation is in violation of its obligations under the INF
Treaty not to possess, produce, or flight-test a ground-launched
cruise missile (GLCM) with a range capability of 500km to
5,500km, or to possess or produce launchers of such missiles.''.
(3) The July 2014 Department of State ``Annual Report on
Implementation of the New START Treaty'' stated that ``Based on
the information available as of December 31, 2013, the United
States certifies the Russian Federation to be in compliance with
the terms of the New START Treaty.''.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly submit to the appropriate
congressional committees a report stating the reasons
[[Page 128 STAT. 3570]]
continued implementation of the New START Treaty is in the national
security interests of the United States.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, commonly referred to as the
Intermediate-Range Nuclear Forces (INF) Treaty, signed at
Washington December 8, 1987, and entered into force June 1,
1988.
(3) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.
Subtitle D--Matters Relating to the Asia-Pacific Region
SEC. 1251. STRATEGY TO PRIORITIZE UNITED STATES DEFENSE INTERESTS
IN THE ASIA-PACIFIC REGION.
(a) Required Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that contains the
strategy of the Department of Defense to prioritize United
States defense interests in the Asia-Pacific region.
(2) Matters to be included.--The report required by
paragraph (1) shall address the following:
(A) United States national security interests in the
Asia-Pacific region.
(B) The security environment, including threats to
global and regional United States national security
interests emanating from the Asia-Pacific region,
including efforts by the People's Republic of China to
advance their national interests in the Asia-Pacific
region.
(C) Regional multilateral institutions, such as the
Association of Southeast Asia Nations (ASEAN).
(D) Bilateral security cooperation relationships,
including military-to-military engagements and security
assistance.
(E) United States military presence, posture, and
capabilities supporting the rebalance to the Asia-
Pacific region.
(F) Humanitarian and disaster relief response
capabilities.
(G) International rules-based structures.
(H) Actions the Department of Defense could take, in
cooperation with other Federal agencies, to advance
[[Page 128 STAT. 3571]]
United States national security interests in the Asia-
Pacific region.
(I) Any other matters the Secretary of Defense
determines to be appropriate.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
(b) Resources.--The report required by subsection (a)(1) shall be
informed by the results of the integrated, multi-year planning and
budget strategy for a rebalancing of United States policy in Asia
submitted to Congress pursuant to section 7043(a) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2014
(division K of the Consolidated Appropriations Act, 2014 (Public Law
113-76; 128 Stat. 533)).
(c) Annual Budget.--The President, acting through the Director of
the Office of Management and Budget, shall ensure that the annual budget
submitted to Congress under section 1105 of title 31, United States
Code, clearly highlights programs and projects that are being funded in
the annual budget of the United States Government that relate to the
strategy required by subsection (a)(1) and the integrated strategy
referred to in subsection (b).
SEC. 1252. MODIFICATIONS TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Matters To Be Included.--Subsection (b)(14) of section 1202 of
the National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 781; 10 U.S.C. 113 note) is amended by striking
``their response'' and inserting ``their capabilities, organizational
affiliations, roles within China's overall maritime strategy, activities
affecting United States allies and partners, and responses''.
(b) <<NOTE: 10 USC 113 note.>> Effective Date.--The amendment made
by this section takes effect on the date of the enactment of this Act
and applies with respect to reports required to be submitted under
subsection (a) of section 1202 of the National Defense Authorization Act
for Fiscal Year 2000 on or after that date.
SEC. 1253. <<NOTE: 22 USC 2151 note.>> MILITARY-TO-MILITARY
ENGAGEMENT WITH THE GOVERNMENT OF BURMA.
(a) Authorization.--The Department of Defense is authorized to
provide the Government of Burma the following:
(1) Consultation, education, and training on human rights,
the laws of armed conflict, civilian control of the military,
rule of law, and other legal matters.
(2) Consultation, education, and training on English-
language, humanitarian and disaster relief, and improvements to
medical and health standards.
(3) Courses or workshops on defense institution reform.
(4) Observer status to bilateral or multilateral
humanitarian assistance and disaster relief exercises.
(5) Aid or support in the event of a humanitarian crisis or
natural disaster.
(b) Annual Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and each March 1 thereafter,
[[Page 128 STAT. 3572]]
the Secretary of Defense shall, in consultation with the
Secretary of State, submit to the appropriate committees of
Congress a report on military-to-military engagement between the
United States Armed Forces and the Burmese military.
(2) Elements.--Each report under paragraph (1) shall include
the following:
(A) A description of the military-to-military
activities between the United States and Burma, and how
engagement with the Burmese military supports the United
States national security strategy and promotes reform in
Burma.
(B) A description of the objectives of the United
States for developing the military-to-military
relationship with the Burmese military, how the United
States measures progress toward such objectives, and the
implications of failing to achieve such objectives.
(C) A description and assessment of the political,
military, economic, and civil society reforms being
undertaken by the Government of Burma, including those
affecting--
(i) individual freedoms and human rights of
the Burmese people, including those of ethnic and
religious minorities and internally displaced
populations;
(ii) the peaceful settlement of armed
conflicts between the Government of Burma and
ethnic minority groups in Burma;
(iii) civilian control of the armed forces;
(iv) constitutional and electoral reforms;
(v) access for the purposes of human rights
monitoring and humanitarian assistance to all
areas in Burma, and cooperation with civilian
authorities to investigate and resolve cases of
human rights violations;
(vi) governmental transparency and
accountability; and
(vii) respect for the laws of armed conflict
and human rights, including with respect to child
soldiers.
(D) A description and assessment of relationships of
the Government of Burma with unlawful or sanctioned
entities.
(3) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(4) Sunset.--The requirement to submit additional reports
under this subsection shall terminate at the end of the 5-year
period beginning on the date of the enactment of this Act.
(c) Rule of Construction.--No Department of Defense assistance to
the Government of Burma is authorized by this Act except as provided in
this section.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
[[Page 128 STAT. 3573]]
SEC. 1254. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS STRATEGY OF
THE UNITED STATES PACIFIC COMMAND.
(a) Report Required.--Not later than April 1, 2015, the Secretary of
Defense shall submit to the congressional defense committees a report on
the munitions strategy of the United States Pacific Command to address
deficiencies in the ability of the United States Pacific Command to
execute major operational plans.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of current and projected critical
munitions requirements, including as identified in the most-
recent future-years defense program submitted to Congress by the
Secretary of Defense pursuant to section 221 of title 10, United
States Code.
(2) An assessment of--
(A) significant munitions gaps and deficiencies; and
(B) munitions capabilities and necessary munitions
investments to address identified gaps and deficiencies.
(3) A description of current and planned munitions programs
to address munitions gaps and deficiencies identified in
paragraph (2), including with respect to--
(A) research, development, test, and evaluation
efforts;
(B) cost, schedule, performance, and budget, to the
extent such information is available; and
(C) known industrial base issues.
(4) An assessment of infrastructure deficiencies or needed
enhancements to ensure adequate munitions storage and munitions
deployment capability.
(5) Any other matters concerning the munitions strategy of
the United States Pacific Command the Secretary of Defense
determines to be appropriate.
(c) Form.--The report required by subsection (a) may be submitted in
classified or unclassified form.
SEC. 1255. MISSILE DEFENSE COOPERATION IN NORTHEAST ASIA.
(a) Sense of Congress.--It is the sense of Congress that increased
cooperation on missile defense among the United States, Japan, and the
Republic of Korea would enhance the security of allies of the United
States in Northeast Asia, increase the defense of forward-based forces
of the United States, and enhance the protection of the United States
with regard to threats from the Korean Peninsula.
(b) Assessment Required.--The Secretary of Defense shall conduct an
assessment to identify opportunities for increasing missile defense
cooperation among the United States, Japan, and the Republic of Korea,
and to evaluate options for enhanced short-range missile, rocket, and
artillery defense capabilities to address threats from the Korean
Peninsula.
(c) Elements.--The assessment under subsection (b) shall include the
following:
(1) Candidate areas for increasing missile defense
cooperation, including greater information sharing, systems
integration, and joint operations.
(2) Potential challenges and limitations to enabling such
cooperation and options for mitigating such challenges and
limitations.
[[Page 128 STAT. 3574]]
(3) An assessment of the utility of short-range missile
defense and counter-rocket, artillery, and mortar system
capabilities on the Korean Peninsula, including with respect
to--
(A) meeting the military needs for defense of the
Korean Peninsula;
(B) cost, schedule, and availability;
(C) technology maturity and risk; and
(D) consideration of alternatives.
(4) Such other matters as the Secretary of Defense
determines to be appropriate.
(d) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the assessment under
subsection (b).
SEC. 1256. SENSE OF CONGRESS AND REPORT ON TAIWAN AND ITS
CONTRIBUTION TO REGIONAL PEACE AND
STABILITY.
(a) Sense of Congress.--It is the sense of Congress that the United
States reaffirms its security commitments under the Taiwan Relations Act
(Public Law 96-8) as the cornerstone of United States relations with
Taiwan and as a key instrument of peace, security, and stability in the
Taiwan Strait since the enactment of such Act in 1979.
(b) Report Required.--Not later than December 1, 2015, the Secretary
of Defense shall, in consultation with the Chairman of the Joint Chiefs
of Staff, submit to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on the self-defense
capabilities of Taiwan.
(c) Elements.--The report required by subsection (b) shall contain
the following:
(1) A description of the key assumptions made regarding the
impact of the Chinese People's Liberation Army on the maritime
or territorial security of Taiwan, including the Chinese
People's Liberation Army's--
(A) undersea and surface warfare capabilities in the
littoral areas in and around the Taiwan Strait;
(B) amphibious and heavy sealift capabilities;
(C) capabilities to establish air dominance over
Taiwan; and
(D) capabilities of the Second Artillery Corps.
(2) An assessment of the force posture, capabilities, and
readiness of the armed forces of Taiwan for maintaining the
maritime or territorial security of Taiwan, including an
assessment of Taiwan's--
(A) undersea and surface warfare capabilities;
(B) air and land-based capabilities;
(C) early warning and command and control
capabilities; and
(D) other deterrent, anti-access and area-denial
capabilities, or asymmetric capabilities that could
contribute to Taiwan's self-defense.
(3) Recommendations for further security cooperation and
assistance efforts between Taiwan and the United States.
(4) Any other matters the Secretary determines to be
appropriate.
[[Page 128 STAT. 3575]]
(d) Form.--The report required by subsection (b) may be submitted in
classified or unclassified form.
(e) Nonduplication of Efforts.--If any information required under
subsection (c) has been included in another report or notification
previously submitted to Congress as required by law, the Secretary of
Defense may provide a list of such reports and notifications at the time
of submitting the report required by subsection (b) in lieu of including
such information.
SEC. 1257. INDEPENDENT ASSESSMENT OF THE ABILITY OF THE DEPARTMENT
OF DEFENSE TO COUNTER ANTI-ACCESS AND
AREA-DENIAL STRATEGIES, CAPABILITIES,
AND OTHER KEY TECHNOLOGIES OF POTENTIAL
ADVERSARIES.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall enter into
an agreement with an independent entity to conduct an assessment
of the ability of the Department of Defense to counter anti-
access and area-denial strategies, capabilities, and other key
technologies of potential adversaries.
(2) Matters to be included.--The assessment required under
paragraph (1) shall include the following:
(A) An assessment of anti-access and area-denial
strategies, capabilities, and other key technologies of
potential adversaries during each of the fiscal year
periods described in paragraph (3) that would represent
a significant challenge to deployed forces and systems
of the United States military, including an assessment
of the extent to which such strategies, capabilities,
and other key technologies could affect United States
military operations.
(B) An assessment of gaps and deficiencies in the
ability of the Department of Defense to address anti-
access and area-denial strategies, capabilities, and
other key technologies described in subparagraph (A),
including an assessment of the adequacy of current
strategies, programs, and investments of the Department
of Defense.
(C) Recommendations for adjustments in United States
policy and strategy, force posture, investments in
capabilities, systems and technologies, and changes in
business and management processes, or other novel
approaches to address gaps and deficiencies described in
subparagraph (B), or to restore, maintain, or expand
United States military technological advantages,
particularly in those areas in which potential
adversaries are closing gaps or have achieved
technological superiority with respect to the United
States.
(D) Any other matters the independent entity
determines to be appropriate.
(3) Fiscal year periods described.--The fiscal year periods
described in this paragraph are the following:
(A) Fiscal years 2015 through 2019.
(B) Fiscal years 2020 through 2030.
(C) Fiscal years 2031 and thereafter.
(b) Report Required.--
(1) In general.--Not later than March 1, 2016, the Secretary
of Defense shall submit to the congressional defense committees
a report that includes the assessment required
[[Page 128 STAT. 3576]]
under subsection (a) and any other matters the Secretary
determines to be appropriate.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
(c) Department of Defense Support.--The Secretary of Defense shall
provide the independent entity described in subsection (a) with timely
access to appropriate information, data, resources, and analysis so that
the entity may conduct a thorough and independent assessment as required
under subsection (a).
SEC. 1258. SENSE OF CONGRESS REAFFIRMING SECURITY COOPERATION WITH
JAPAN AND THE REPUBLIC OF KOREA.
It is the sense of Congress that--
(1) the United States values its alliances with the
Governments of Japan and the Republic of Korea as cornerstones
of peace and security in the region, based on shared values of
democracy, the rule of law, free and open markets, and respect
for human rights;
(2) the United States welcomes Japan's new policy of
collective self-defense, which will enable Japan to contribute
more proactively to regional and global peace and security, as
well as Japan's recent increases in defense funding, adoption of
a National Security Strategy, and formation of security
institutions such as the Japanese National Security Council;
(3) the United States reaffirms its commitment to the
Government of Japan under Article V of the Treaty of Mutual
Cooperation and Security between the United States of America
and Japan that ``[e]ach Party recognizes that an armed attack
against either Party in the territories under the administration
of Japan would be dangerous to its own peace and safety and
declares that it would act to meet the common danger in
accordance with its constitutional provisions and processes'';
(4) the United States welcomes the Republic of Korea's
ratification of a new five-year Special Measures Agreement,
which establishes the framework for Republic of Korea
contributions to offset costs associated with the stationing of
United States forces in the Republic of Korea, as well as
efforts by the Republic of Korea to enhance its defense
capabilities, including its recent decision to acquire
surveillance and strike capabilities;
(5) the United States and the Republic of Korea share deep
concerns that the nuclear and ballistic missiles programs of the
Democratic People's Republic of Korea and its repeated
provocations pose grave threats to peace and stability on the
Korean Peninsula and to Northeast Asia, that the United States
and the Republic of Korea and will work together to achieve the
peaceful denuclearization of the Democratic People's Republic of
Korea, and that the United States and the Republic of Korea
remain fully committed to continuing close cooperation on the
full range of issues related to the Democratic People's Republic
of Korea; and
(6) the United States welcomes greater security cooperation
with, and among, Japan and the Republic of Korea to promote
mutual interests and to address shared concerns.
[[Page 128 STAT. 3577]]
SEC. 1259. REPORT ON MARITIME SECURITY STRATEGY IN THE ASIA-
PACIFIC REGION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives a report that outlines the strategy of the Department of
Defense with regard to maritime security in the Asia-Pacific region,
with particular emphasis on the South China Sea and the East China Sea.
(b) Elements.--The report required by subsection (a) shall outline
the strategy described in that subsection and include the following:
(1) An assessment of how the actions of the People's
Republic of China in the South China Sea and the East China Sea
have affected the status quo with regard to competing
territorial and maritime claims and United States security
interests in those seas.
(2) An assessment of how the naval and other maritime
strategies and capabilities of the People's Republic of China,
including military and law enforcement capabilities, affect the
strategy in the Asia-Pacific region.
(3) An assessment of how anti-access and area denial
strategies and capabilities of the People's Republic of China in
the Asia-Pacific region, including weapons and technologies,
affect the strategy.
(4) A description of any ongoing or planned changes in
United States military capabilities, operations, and posture in
the Asia-Pacific region to support the strategy.
(5) A description of any current or planned bilateral or
regional naval or maritime capacity-building initiatives in the
Asia-Pacific region.
(6) An assessment of how the strategy leverages military-to-
military engagements between the United States and the People's
Republic of China to reduce the potential for miscalculation and
tensions in the South China Sea and the East China Sea,
including a specific description of the effects of such
engagements on particular incidents or interactions involving
the People's Republic of China in those seas.
(7) Any other matters the Secretary may determine to be
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1259A. SENSE OF CONGRESS ON TAIWAN MARITIME CAPABILITIES AND
EXERCISE PARTICIPATION.
It is the sense of Congress that--
(1) the United States should consider opportunities to help
enhance the maritime capabilities and nautical skills of the
Taiwanese navy that may contribute to Taiwan's self-defense and
to regional peace and stability; and
(2) the People's Republic of China and Taiwan should be
afforded opportunities to participate in the humanitarian
assistance and disaster relief portions of future multilateral
exercises, such as the Pacific Partnership, Pacific Angel, and
Rim of the Pacific (RIMPAC) exercises, to increase their
respective capacities to conduct these types of operations.
[[Page 128 STAT. 3578]]
SEC. 1259B. MODIFICATION OF MATTERS FOR DISCUSSION IN ANNUAL
REPORTS OF UNITED STATES-CHINA
ECONOMIC AND SECURITY REVIEW
COMMISSION.
(a) Matters for Discussion.--Section 1238(c)(2) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 22 U.S.C. 7002(c)(2)) is amended
by striking subparagraphs (A) through (J) and inserting the following
new subparagraphs:
``(A) The role of the People's Republic of China in
the proliferation of weapons of mass destruction and
other weapon systems (including systems and technologies
of a dual use nature), including actions the United
States might take to encourage the People's Republic of
China to cease such practices.
``(B) The qualitative and quantitative nature of the
transfer of United States production activities to the
People's Republic of China, including the relocation of
manufacturing, advanced technology and intellectual
property, and research and development facilities, the
impact of such transfers on the national security of the
United States (including the dependence of the national
security industrial base of the United States on imports
from China), the economic security of the United States,
and employment in the United States, and the adequacy of
United States export control laws in relation to the
People's Republic of China.
``(C) The effects of the need for energy and natural
resources in the People's Republic of China on the
foreign and military policies of the People's Republic
of China, the impact of the large and growing economy of
the People's Republic of China on world energy and
natural resource supplies, prices, and the environment,
and the role the United States can play (including
through joint research and development efforts and
technological assistance) in influencing the energy and
natural resource policies of the People's Republic of
China.
``(D) Foreign investment by the United States in the
People's Republic of China and by the People's Republic
of China in the United States, including an assessment
of its economic and security implications, the
challenges to market access confronting potential United
States investment in the People's Republic of China, and
foreign activities by financial institutions in the
People's Republic of China.
``(E) The military plans, strategy and doctrine of
the People's Republic of China, the structure and
organization of the People's Republic of China military,
the decision-making process of the People's Republic of
China military, the interaction between the civilian and
military leadership in the People's Republic of China,
the development and promotion process for leaders in the
People's Republic of China military, deployments of the
People's Republic of China military, resources available
to the People's Republic of China military (including
the development and execution of budgets and the
allocation of funds), force modernization objectives and
trends for the People's Republic of China
[[Page 128 STAT. 3579]]
military, and the implications of such objectives and
trends for the national security of the United States.
``(F) The strategic economic and security
implications of the cyber capabilities and operations of
the People's Republic of China.
``(G) The national budget, fiscal policy, monetary
policy, capital controls, and currency management
practices of the People's Republic of China, their
impact on internal stability in the People's Republic of
China, and their implications for the United States.
``(H) The drivers, nature, and implications of the
growing economic, technological, political, cultural,
people-to-people, and security relations of the People's
Republic of China's with other countries, regions, and
international and regional entities (including
multilateral organizations), including the relationship
among the United States, Taiwan, and the People's
Republic of China.
``(I) The compliance of the People's Republic of
China with its commitments to the World Trade
Organization, other multilateral commitments, bilateral
agreements signed with the United States, commitments
made to bilateral science and technology programs, and
any other commitments and agreements strategic to the
United States (including agreements on intellectual
property rights and prison labor imports), and United
States enforcement policies with respect to such
agreements.
``(J) The implications of restrictions on speech and
access to information in the People's Republic of China
for its relations with the United States in economic and
security policy, as well as any potential impact of
media control by the People's Republic of China on
United States economic interests.
``(K) The safety of food, drug, and other products
imported from China, the measures used by the People's
Republic of China Government and the United States
Government to monitor and enforce product safety, and
the role the United States can play (including through
technical assistance) to improve product safety in the
People's Republic of China.''.
(b) <<NOTE: 22 USC 7002 note.>> 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 annual reports submitted under
section 1238(c) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 after such date of enactment.
Subtitle E--Other Matters
SEC. 1261. ONE-YEAR EXTENSION OF AUTHORIZATION FOR NON-
CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.
(a) Extension.--Subsection (h) of section 943 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4579), as most recently amended by section 1241 of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 127 Stat. 920), is further amended by striking ``2015'' and
inserting ``2016''.
[[Page 128 STAT. 3580]]
(b) Cross-Reference Amendment.--Subsection (f) of such section is
amended by striking ``413b(e)'' and inserting ``3093(e)''.
SEC. 1262. MODIFICATION OF NATIONAL SECURITY PLANNING GUIDANCE TO
DENY SAFE HAVENS TO AL-QAEDA AND ITS
VIOLENT EXTREMIST AFFILIATES.
(a) Modification.--Section 1032(b) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1571; 50 U.S.C. 3043 note) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraph (C), (D), and (E)
as subparagraph (D), (E), and (F), respectively;
(B) by inserting after subparagraph (B) the
following:
``(C) For each specified geographic area, a
description of the following:
``(i) The feasibility of conducting
multilateral programs to train and equip the
military forces of relevant countries in the area.
``(ii) The authority and funding that would be
required to support such programs.
``(iii) How such programs would be
implemented.
``(iv) How such programs would support the
national security priorities and interests of the
United States and complement other efforts of the
United States Government in the area and in other
specified geographic areas.''; and
(C) in subparagraph (F) (as redesignated), by
striking ``subparagraph (C)'' and inserting
``subparagraph (D)''; and
(2) in paragraph (3)(A), by striking ``paragraph (2)(C)''
and inserting ``paragraph (2)(D)''.
(b) Report.--Section 1032(b) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1571; 50 U.S.C.
3043 note), as amended by subsection (a), is further amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Report.--
``(A) In general.--Not later than 180 days after the
date of the enactment of the Carl Levin and Howard P.
`Buck' McKeon National Defense Authorization Act for
Fiscal Year 2015, the President shall submit to the
appropriate congressional committees a report that
contains a detailed summary of the national security
planning guidance required under paragraph (1),
including any updates thereto.
``(B) Form.--The report may include a classified
annex as determined to be necessary by the President.
``(C) Definition.--In this paragraph, the term
`appropriate congressional committees' means--
``(i) the congressional defense committees;
and
``(ii) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of
the House of Representatives.''.
[[Page 128 STAT. 3581]]
SEC. 1263. ENHANCED AUTHORITY TO ACQUIRE GOODS AND SERVICES OF
DJIBOUTI IN SUPPORT OF DEPARTMENT OF
DEFENSE ACTIVITIES IN UNITED STATES
AFRICA COMMAND AREA OF RESPONSIBILITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States forces should continue to be forward
postured in Africa and in the Middle East;
(2) Djibouti is in a strategic location to support United
States vital national security interests in the region;
(3) the United States should take definitive steps to
maintain its basing access and agreements with the Government of
Djibouti to support United States vital national security
interests in the region;
(4) the United States should devise and implement a
comprehensive governmental approach to engaging with the
Government of Djibouti to reinforce the strategic partnership
between the United States and Djibouti; and
(5) the Secretary of State and the Administrator of the
United States Agency for International Development, in
conjunction with the Secretary of Defense, should take concrete
steps to advance and strengthen the relationship between United
States and the Government of Djibouti.
(b) Authority.--In the case of a good or service to be acquired in
direct support of covered activities for which the Secretary of Defense
makes a determination described in subsection (c), the Secretary may
conduct a procurement in which--
(1) competition is limited to goods of Djibouti or services
of Djibouti; or
(2) a preference is provided for goods of Djibouti or
services of Djibouti.
(c) Determination.--
(1) In general.--A determination described in this
subsection is a determination by the Secretary of either of the
following:
(A) That the good or service concerned is to be used
only in support of covered activities.
(B) That it is vital to the national security
interests of the United States to limit competition or
provide a preference as described in subsection (b)
because such limitation or preference is necessary--
(i) to reduce--
(I) United States transportation
costs; or
(II) delivery times in support of
covered activities; or
(ii) to promote regional security, stability,
and economic prosperity in Africa.
(C) That the good or service is of equivalent
quality of a good or service that would have otherwise
been acquired.
(2) Additional requirement.--A determination under paragraph
(1)(B) shall not be effective for purposes of a limitation or
preference under subsection (b) unless the Secretary also
determines that the limitation or preference will not adversely
affect--
(A) United States military operations or stability
operations in the United States Africa Command area of
responsibility; or
[[Page 128 STAT. 3582]]
(B) the United States industrial base.
(d) Reporting and Oversight.--In exercising the authority under
subsection (b) to procure goods or services in support of covered
activities, the Secretary of Defense--
(1) in the case of the procurement of services, shall ensure
that the procurement is conducted in accordance with the
management structure implemented pursuant to section 2330(a) of
title 10, United States Code;
(2) shall ensure that such goods or services are identified
and reported under a single, joint Department of Defense-wide
system for the management and accountability of contractors
accompanying United States forces operating overseas or in
contingency operations (such as the synchronized predeployment
and operational tracker (SPOT) system); and
(3) shall ensure that the United States Africa Command has
sufficiently trained staff and adequate resources to conduct
oversight of procurements carried out pursuant to subsection
(b), including oversight to detect and deter fraud, waste, and
abuse.
(e) Definitions.--In this section:
(1) Covered activities.--The term ``covered activities''
means Department of Defense activities in the United States
Africa Command area of responsibility.
(2) Good of djibouti.--The term ``good of Djibouti'' means a
good wholly the growth, product, or manufacture of Djibouti.
(3) Service of djibouti.--The term ``service of Djibouti''
means a service performed by a person that--
(A)(i) is operating primarily in Djibouti; or
(ii) is making a significant contribution to the
economy of Djibouti through payment of taxes or use of
products, materials, or labor of Djibouti, as determined
by the Secretary of State; and
(B) is properly licensed or registered by
authorities of the Government of Djibouti, as determined
by the Secretary of State.
(f) Termination.--The authority and requirements of this section
expire at the close of September 30, 2018.
SEC. 1264. <<NOTE: 8 USC 1182 note.>> TREATMENT OF THE KURDISTAN
DEMOCRATIC PARTY AND THE PATRIOTIC UNION
OF KURDISTAN UNDER THE IMMIGRATION AND
NATIONALITY ACT.
(a) Removal of the Kurdistan Democratic Party and the Patriotic
Union of Kurdistan From Treatment as Terrorist Organizations.--
(1) In general.--Except as provided in paragraph (2), the
Kurdistan Democratic Party and the Patriotic Union of Kurdistan
shall be excluded from the definition of terrorist organization
(as defined in section 212(a)(3)(B)(vi)(III) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for
purposes of such section 212(a)(3)(B).
(2) Exception.--The Secretary of State, after consultation
with the Secretary of Homeland Security and the Attorney
General, or the Secretary of Homeland Security, after
consultation with the Secretary of State and the Attorney
General, may suspend the application of paragraph (1) for either
or
[[Page 128 STAT. 3583]]
both of the groups referred to in paragraph (1) in such
Secretary's sole and unreviewable discretion. Prior to or
contemporaneous with such suspension, the Secretary of State or
the Secretary of Homeland Security shall report their reasons
for suspension to the Committees on Judiciary of the House of
Representatives and of the Senate, the Committees on
Appropriations in the House of Representatives and of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, the Committee on Foreign Relations of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(b) Relief Regarding Admissibility of Nonimmigrant Aliens Associated
With the Kurdistan Democratic Party and the Patriotic Union of
Kurdistan.--
(1) For activities opposing the ba'ath regime.--Paragraph
(3)(B) of section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien with
respect to activities undertaken in association with the
Kurdistan Democratic Party or the Patriotic Union of Kurdistan
in opposition to the regime of the Arab Socialist Ba'ath Party
and the autocratic dictatorship of Saddam Hussein in Iraq.
(2) For membership in the kurdistan democratic party and
patriotic union of kurdistan.--Paragraph (3)(B) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)) shall not apply to an alien applying for a
nonimmigrant visa, who presents themselves for inspection to an
immigration officer at a port of entry as a nonimmigrant, or who
is applying in the United States for nonimmigrant status, and
who is a member of the Kurdistan Democratic Party or the
Patriotic Union of Kurdistan and currently serves or has
previously served as a senior official (such as Prime Minister,
Deputy Prime Minister, Minister, Deputy Minister, President,
Vice-President, Member of Parliament, provincial Governor or
member of the National Security Council) of the Kurdistan
Regional Government or the federal government of the Republic of
Iraq.
(3) Exception.--Neither paragraph (1) nor paragraph (2)
shall apply if the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such Secretaries)
determine in their sole unreviewable discretion that such alien
poses a threat to the safety and security of the United States,
or does not warrant a visa, admission to the United States, or a
grant of an immigration benefit or protection, in the totality
of the circumstances. This provision shall be implemented by the
Secretary of State and the Secretary of Homeland Security in
consultation with the Attorney General.
(c) Prohibition on Judicial Review.--Notwithstanding any other
provision of law (whether statutory or nonstatutory), section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252), sections 1361 and 1651
of title 28, United States Code, section 2241 of such title, and any
other habeas corpus provision of law, no court shall have jurisdiction
to review any determination made pursuant to this section.
[[Page 128 STAT. 3584]]
SEC. 1265. PROHIBITION ON INTEGRATION OF MISSILE DEFENSE SYSTEMS
OF CHINA INTO MISSILE DEFENSE SYSTEMS OF
UNITED STATES AND SENSE OF CONGRESS
CONCERNING INTEGRATION OF MISSILE
DEFENSE SYSTEMS OF RUSSIA INTO MISSILE
DEFENSE SYSTEMS OF NATO.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the
Department of Defense may be obligated or expended to integrate a
missile defense system of the People's Republic of China into any
missile defense system of the United States.
(b) Sense of Congress.--It is the sense of Congress that missile
defense systems of the Russian Federation should not be integrated into
the missile defense systems of the United States or the North Atlantic
Treaty Organization (NATO) if such integration undermines the security
of the United States or NATO, respectively.
SEC. 1266. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT THE
ARMS TRADE TREATY.
(a) In General.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2015 for the
Department of Defense may be obligated or expended to implement the Arms
Trade Treaty, or to make any change to existing programs, projects, or
activities as approved by Congress in furtherance of, pursuant to, or
otherwise to implement the Arms Trade Treaty, unless the Arms Trade
Treaty has received the advice and consent of the Senate and has been
the subject of implementing legislation, as required, by Congress.
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude the Department of Defense from assisting foreign
countries in bringing their laws and regulations up to United States
standards.
SEC. 1267. <<NOTE: 22 USC 2593a note.>> NOTIFICATION AND REVIEW OF
POTENTIALLY SIGNIFICANT ARMS CONTROL
NONCOMPLIANCE.
(a) Notice to President.--If the Secretary of Defense, after
consultation with the Secretary of State and the Director of National
Intelligence, has substantial reason to believe that there is a case of
foreign activity that would pose a significant threat to United States
national security interests and that may be inconsistent with an arms
control treaty to which the United States is a party, and such case is
not included in, or is significantly different from a case included in,
the most-recent annual report submitted to Congress pursuant to section
403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a), the
Secretary of Defense shall notify the President of such belief of the
Secretary.
(b) Referral to Secretary of State.--If the President receives a
notification from the Secretary of Defense under subsection (a), the
President shall promptly refer the matter to the Secretary of State to
arrange for an inter-agency review of the case in order to provide for
an assessment of whether the case constitutes a significant case of non-
compliance with an arms control treaty to which the United States is a
party.
(c) Notice to Congress.--Not later than 60 days after the date on
which the President makes a referral under subsection
[[Page 128 STAT. 3585]]
(b), the Secretary of State shall submit to the appropriate committees
of Congress the results of the assessment of the case with respect to
which the referral was made under subsection (b).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1268. <<NOTE: 10 USC 9411 note.>> INTER-EUROPEAN AIR FORCES
ACADEMY.
(a) Operation.--The Secretary of the Air Force may operate the Air
Force education and training facility known as the Inter-European Air
Forces Academy (in this section referred to as the ``Academy'').
(b) Purpose.--The purpose of the Academy shall be to provide
military education and training to military personnel of countries that
are members of the North Atlantic Treaty Organization or signatories to
the Partnership for Peace Framework Documents.
(c) Limitations.--
(1) Concurrence of secretary of state.--Military personnel
of a country may be provided education and training under this
section only with the concurrence of the Secretary of State.
(2) Assistance otherwise prohibited by law.--Education and
training may not be provided under this section to the military
personnel of any country that is otherwise prohibited from
receiving such type of assistance under any other provision of
law.
(d) Supplies and Clothing.--The Secretary of the Air Force may,
under such conditions as the Secretary may prescribe, provide to a
person receiving education and training under this section the
following:
(1) Transportation incident to such education and training.
(2) Supplies and equipment to be used during such education
and training.
(3) Billeting, food, and health services in connection with
the receipt of such education and training.
(e) Living Allowance.--The Secretary of the Air Force may pay to a
person receiving education and training under this section a living
allowance at a rate to be prescribed by the Secretary, taking into
account the rates of living allowances authorized for a member of the
Armed Forces under similar circumstances.
(f) Funding.--Amounts for the operations and maintenance of the
Academy, and for the provision of education and training through the
Academy, may be paid from funds available for the Air Force for
operation and maintenance.
(g) Annual Reports.--
(1) In general.--Not later than 60 days after the end of
each fiscal year in which the Secretary of the Air Force
operates the Academy pursuant to this section, the Secretary
shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a report on
the operations of the Academy during such fiscal year.
[[Page 128 STAT. 3586]]
(2) Elements.--Each report under this subsection shall set
forth, for the fiscal year covered by such report, the
following:
(A) A description of the operations of the Academy,
including a description of the education and training
courses provided under this section.
(B) A summary of the number of individuals receiving
education and training through the Academy, set forth by
country of origin and education or training provided.
(C) The amount paid by the Secretary for the
operations and maintenance of the Academy.
(D) The amounts paid by the Secretary under
subsections (d) and (e) in connection with the provision
of education and training through the Academy.
(E) Any other matters the Secretary determines to be
appropriate.
(h) Expiration.--The authority in subsection (a) shall expire on
September 30, 2019.
SEC. 1269. <<NOTE: 10 USC 5983 note.>> DEPARTMENT OF DEFENSE
SUPPORT TO SECURITY OF UNITED STATES
DIPLOMATIC FACILITIES.
(a) Marine Corps Security Guard Program.--
(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, shall--
(A) develop and implement a plan to incorporate the
additional Marine Corps Security Guard personnel
authorized under section 404 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 10 U.S.C. 5983 note) at United States embassies,
consulates, and other facilities;
(B) conduct an annual review of the Marine Corps
Security Guard Program, including--
(i) an evaluation of whether the size and
composition of the Marine Corps Security Guard
Program is adequate to meet global diplomatic
security requirements;
(ii) an assessment of whether Marine Corps
security guards are appropriately deployed among
facilities to respond to evolving security
developments and potential threats to United
States diplomatic facilities abroad; and
(iii) an assessment of the mission objectives
of the Marine Corps Security Guard Program and the
procedural rules of engagement to protect
diplomatic personnel under the Program; and
(C) provide an assessment of the effectiveness of
Department of Defense-provided Security Augmentation
Units utilized during the previous year to improve
security at high threat, high risk facilities, including
an evaluation of any impediments to the effectiveness of
such units.
(2) Reporting requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State, shall submit to the
appropriate congressional committees an unclassified report,
with a classified annex as necessary, that addresses the
requirements set forth in paragraph (1).
[[Page 128 STAT. 3587]]
(b) Report on ``New Normal'' and General Mission Requirements of
United States Africa Command.--
(1) In general.--Not later than March 1, 2015, the Secretary
of Defense, in consultation with the Secretary of State, shall
submit to the appropriate congressional committees a report on
what changes, if any, have been made to the force posture and
structure of the United States Africa Command or adjacent
combatant commands to respond, if requested, to a diplomatic
facility's security requirements (so-called ``new normal''
requirements) and general mission of United States Africa
Command.
(2) Elements.--The report required by paragraph (1) shall
include the following elements:
(A) A detailed description of the ``new normal''
requirements in the area of responsibility of the United
States Africa Command.
(B) A description of any changes required for the
United States Africa Command or adjacent combatant
commands to meet the ``new normal'' and general mission
requirements in the United States Africa Command area of
responsibility, including the gaps in capability, size,
posture, agreements, basing, and enabler support of
crisis response forces and associated assets to respond
to requests for support from the Secretary of State.
(C) A discussion and estimate of the military forces
required to support mission requirements of the United
States Africa Command and the shortfall, if any, in
meeting such requirements.
(D) A discussion and estimate of the annual
intelligence, surveillance, and reconnaissance
requirements of the United States Africa Command and the
shortfall, if any, in meeting such requirements.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1270. INFORMATION ON SANCTIONED PERSONS AND BUSINESSES
THROUGH THE FEDERAL AWARDEE PERFORMANCE
AND INTEGRITY INFORMATION SYSTEM.
Section 2313(c) of title 41, United States Code, is amended by
adding at the end the following new paragraph:
``(8) Whether the person is included on any of the following
lists maintained by the Office of Foreign Assets Control of the
Department of the Treasury:
``(A) The specially designated nationals and blocked
persons list (commonly known as the `SDN list').
``(B) The sectoral sanctions identification list.
``(C) The foreign sanctions evaders list.
``(D) The list of persons sanctioned under the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
[[Page 128 STAT. 3588]]
1701 note) that do not appear on the SDN list (commonly
known as the `Non-SDN Iranian Sanctions Act list').
``(E) The list of foreign financial institutions
subject to part 561 of title 31, Code of Federal
Regulations.''.
SEC. 1271. <<NOTE: 22 USC 8701 note.>> REPORTS ON NUCLEAR PROGRAM
OF IRAN.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report on the interim agreement relating to
the nuclear program of Iran. Such report shall include--
(1) verification of whether Iran is complying with such
agreement; and
(2) an assessment of the overall state of the nuclear
program of Iran.
(b) Additional Reports.--If the interim agreement described in
subsection (a) is renewed or if a comprehensive and final agreement is
entered into regarding the nuclear program of Iran, by not later than 90
days after such renewal or final agreement being entered into, and every
180 days thereafter, the President shall submit to the appropriate
congressional committees a report on such renewed or final agreement.
Such report shall include the matters described in paragraphs (1) and
(2) of subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(d) Sunset.--This section shall terminate on the date that is 10
years after the date of the enactment of this Act.
SEC. 1272. SENSE OF CONGRESS ON DEFENSE MODERNIZATION BY NATO
COUNTRIES.
(a) Findings.--Congress findings the following:
(1) At the North Atlantic Treaty Organization (NATO) summit
in Wales in September 2014, NATO members made important
commitments to reverse the decline in their defense budgets and
to aim to move toward the NATO guideline to spend a minimum of
two percent of each member's Gross Domestic Product on defense
within a decade.
(2) At the Wales summit, NATO members declared that
increased investments in defense should be directed towards
meeting the capability priorities of the Alliance.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should work with other NATO members as
they seek to modernize their defense capabilities to encourage
such members to procure defense systems, including air and
missile defense systems, that are interoperable with NATO
defense systems and help fill critical NATO shortfalls;
(2) such United States efforts to facilitate the
modernization of defense capabilities are particularly important
to help address the security requirements of the newer members
of NATO in Eastern Europe; and
(3) the United States stands ready to assist other NATO
members to modernize their defense capabilities and restructure
their armed forces consistent with the objectives set out at the
NATO summit in Wales in September 2014.
[[Page 128 STAT. 3589]]
SEC. 1273. REPORT ON PROTECTION OF CULTURAL PROPERTY IN EVENT OF
ARMED CONFLICT.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense, in consultation with the Secretary
of State, shall submit to the congressional defense committees and the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report on efforts of
the Department of Defense to protect cultural property abroad, including
activities undertaken pursuant to the 1954 Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict.
(b) Elements of Report.--The report required under subsection (a)
shall include the following:
(1) A description of Department of Defense policies,
directives, and regulations for the protection of cultural
property abroad at risk of destruction due to armed conflict.
(2) A description of actions the Armed Forces have taken to
protect cultural property abroad, including efforts to avoid
damage to cultural property during military construction
activities and efforts made to inform military personnel about
the identification and protection of cultural property as part
of the law of war.
(3) The status and number of specialist personnel in the
Armed Forces assigned to secure respect for cultural property
abroad and to cooperate with civilian authorities responsible
for safeguarding cultural property abroad, consistent with the
requirements of the 1954 Hague Convention.
SEC. 1274. UNITED STATES STRATEGY AND PLANS FOR ENHANCING SECURITY
AND STABILITY IN EUROPE.
(a) Review.--The Secretary of Defense shall conduct a review of the
force posture, readiness, and responsiveness of United States forces and
the forces of other members of the North Atlantic Treaty Organization
(NATO) in the area of responsibility of the United States European
Command, and of contingency plans for such United States forces, with
the objective of ensuring that the posture, readiness, and
responsiveness of such forces are appropriate to meet the obligations of
collective self-defense under Article V of the North Atlantic Treaty.
The review shall include an assessment of the capabilities and
capacities needed by the Armed Forces of the United States to respond to
unconventional or hybrid warfare tactics like those used by the Russian
Federation in Crimea and Eastern Ukraine.
(b) United States Strategy and Plans.--
(1) Report on strategy and plans required.--Not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense shall, in coordination with the Secretary
of State, submit to the appropriate committees of Congress a
report on a strategy and plans for enhancing security and
stability in Europe.
(2) Elements.--The report required by this subsection shall
include the following:
(A) A summary of the relevant findings of the review
conducted under subsection (a).
(B) A description of any initiatives or
recommendations of the Secretary of Defense for
enhancing the force posture, readiness, and
responsiveness of United States forces in
[[Page 128 STAT. 3590]]
the area of responsibility of the United States European
Command as a result of the review.
(C) A description of any initiatives of other
members of NATO for enhancing the force posture,
readiness, and responsiveness of their forces within the
area of responsibility of NATO.
(D) A plan for reassuring Central European and
Eastern European members of NATO regarding the
commitment of the United States and other members of
NATO to their obligations under the North Atlantic
Treaty, including collective defense under Article V,
including the following:
(i) A description of measures to be undertaken
by the United States to reassure members of NATO
regarding the commitment of the United States to
its obligations under the North Atlantic Treaty.
(ii) A description of measures undertaken or
to be undertaken by other members of NATO to
provide assurances of their commitment to meet
their obligations under the North Atlantic Treaty.
(iii) A description of any planned measures to
increase the presence of the Armed Forces of the
United States and the forces of other members of
NATO, including on a rotational basis, on the
territories of the Central European and Eastern
European members of NATO.
(iv) A description of the measures undertaken
by the United States and other members of NATO to
enhance the capability of members of NATO to
respond to tactics like those used by the Russian
Federation in Crimea and Eastern Ukraine or to
assist members of NATO in responding to such
tactics.
(E) A plan for enhancing bilateral and multilateral
security cooperation with appropriate countries
participating in the NATO Partnership for Peace program
using the authorities for enhancing security cooperation
specified in subsection (c), which plan shall include
the following:
(i) An identification of the objectives and
priorities of such United States security
assistance and cooperation programs, on a
bilateral and regional basis, and the resources
required to achieve such objectives and
priorities.
(ii) A methodology for evaluating the
effectiveness of such United States security
assistance and cooperation programs, bilaterally
and regionally, in making progress toward
identified objectives and priorities.
(3) Form.--The report required by this subsection shall be
submitted in an unclassified form, but may include a classified
annex.
(c) Authorities for Enhancing Security Cooperation.--The authorities
for enhancing security cooperation specified in this subsection include
the following:
(1) Section 168 of title 10, United States Code, relating to
the Warsaw Initiative Fund.
(2) Section 2282 of title 10, United States Code (as added
by section 1205 of this Act), relating to authority to build the
capacity of foreign military forces.
[[Page 128 STAT. 3591]]
(3) Section 1206 of this Act, relating to training of
security forces and associated ministries of foreign countries
to promote respect for the rule of law and human rights.
(4) Section 1081 of the National Defense Authorization Act
for Fiscal Year 2012 (10 U.S.C. 168 note), relating to the
Ministry of Defense Advisors program.
(5) Section 1207 of the National Defense Authorization Act
for Fiscal Year 2012 (22 U.S.C. 2151 note), relating to the
Global Security Contingency Fund.
(6) Any other authority available to the Secretary of
Defense or Secretary of State appropriate for the purpose of
this section.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1275. REPORT ON MILITARY ASSISTANCE TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should provide lethal and nonlethal military assistance to the
Government of Ukraine to defend its territory and sovereignty from
further aggressive actions designed to undermine regional peace and
stability to the extent such assistance is defensive and non-provocative
in nature.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense shall conduct an assessment and submit to the congressional
defense committees a report related to military assistance to Ukraine.
(c) Elements.--At a minimum, the report required under subsection
(b) should provide a detailed explanation of the following matters:
(1) Military equipment, supplies, and defense s