A bill to clarify that certain provisions of the Border Patrol Agent Pay Reform Act of 2014 will not take effect until after the Director of the Office of Personnel Management promulgates and makes effective regulations relating to such provisions.
(This measure has not been amended since it was passed by the House on November 5, 2015. The summary of that version is repeated here.)
Highlights:
The National Defense Authorization Act for Fiscal Year 2016 authorizes FY2016 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE).
The bill authorizes appropriations, but does not provide appropriations, which are considered in subsequent appropriations legislation.
The bill authorizes appropriations to DOD for:
This bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits. OCO appropriations authorized in the bill support base budget requirements as well as OCO activities.
The bill authorizes the FY2016 personnel strengths for active duty and reserve forces and sets forth policies regarding military personnel; compensation and other personnel benefits; health care; acquisition policy and management; DOD organization and management; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; and strategic programs, cyber, and intelligence matters.
The bill authorizes appropriations and sets forth policies regarding military construction for the Army, Navy, Air Force, defense agencies, the North Atlantic Treaty Organization Security Investment Program, and Guard and Reserve Forces facilities.
The bill authorizes appropriations for base realignment and closure (BRAC) activities and prohibits an additional BRAC round.
The bill also authorizes appropriations and sets forth policies for DOE national security programs, including the National Nuclear Security Administration.
Full Summary:
National Defense Authorization Act for Fiscal Year 2016
(Sec. 3) Defines "congressional defense committees" as the House and Senate Armed Services and Appropriations Committees.
(Sec. 4) Specifies procedures for determining the budgetary effects of this bill for compliance with the Statutory Pay-As-You-Go (PAYGO) Act of 2010.
(Sec. 5) Provides that the explanatory statement regarding this bill that was printed in the Congressional Record has the same effect as 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) Authorizes appropriations to the Department of Defense (DOD) for Procurement at the levels identified in section 4101 of this bill.
Subtitle B--Army Programs
(Sec. 111) Requires the National Guard to issue guidance that prioritizes UH-60 Blackhawk helicopter upgrades within the Army National Guard to units with the aircraft that have the highest flight hours and utilization rates.
(Sec. 112) Requires DOD to submit to Congress a roadmap for replacing A/MH-6 Mission Enhanced Little Bird aircraft to meet the rotary-wing, light attack, reconnaissance requirements particular to special operations.
(Sec. 113) Requires the Army to submit to Congress a report containing options for accelerating the replacement of all UH-60A helicopters of the Army National Guard.
(Sec. 114) Expresses the sense of Congress on tactical wheeled vehicle protection kits.
Subtitle C--Navy Programs
(Sec. 121) Requires the quarterly report for the U.S.S. John F. Kennedy (CVN-79) to include a description of new design and engineering changes to CVN-78 class aircraft carriers.
(Sec. 122) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 to reduce the limit on the cost of the CVN-78 class aircraft carrier program. Permits a specified increase in the cost cap if the Navy determines that measures required to complete the ship within the revised cost cap will result in an unacceptable reduction to the ship's operational capability.
(Sec. 123) Amends the Carl Levin and Howard P. ''Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 to extend and modify the limitation on funds for the Littoral Combat Ships designated as LCS-25 and LCS-26 until pre-existing requirements are met. Requires the Navy to provide Congress with acquisition strategies, a plan to outfit Flight 0 and Flight 0+ Littoral Combat Ships with capabilities identified for the upgraded Littoral Combat Ship, and a current test and evaluation master plan for the Littoral Combat Ship mission modules.
(Sec. 124) Amends the National Defense Authorization Act for Fiscal Year 2013 to authorize the Navy to enter into a multiyear contract for a Flight III destroyer, in addition to the existing authority for a Flight IIA destroyer.
(Sec. 125) Permits the Navy to enter into a contract beginning in FY2016 for the procurement of one Arleigh Burke class destroyer in addition to the 10 DDG-51s in the FY2013-FY2017 multiyear procurement contract or for one DDG-51 in FY2018. Permits incremental funding to be used.
(Sec. 126) Permits the Navy to use incremental funding for the nuclear refueling and complex overhaul of the U.S.S. George Washington (CVN-73).
(Sec. 127) Permits the Navy to enter into one or more contracts to procure up to six Fleet Replenishment Oilers.
(Sec. 128) Limits the funds that may be used for the U.S.S. John. F. Kennedy (CVN-79) until the Navy submits to Congress: (1) a certification that it will conduct full ship shock trials by the end of FY2017, and (2) specified reports regarding cost issues and requirements, capabilities, and alternatives for aircraft carriers that would replace or supplement the CVN-78 class aircraft carrier. Permits DOD to waive the certification requirement if specified conditions are met.
(Sec. 129) Limits the funds that may be used for the U.S.S. Enterprise (CVN-80) until a specified certification and report regarding the design and cost is submitted to Congress.
(Sec. 130) Limits the availability of funds for research and development, design, construction, procurement or advanced procurement of materials for the upgraded Littoral Combat Ships (LCS) until the Navy submits specified capabilities assessments, reports, certifications, and plans to Congress.
(Sec. 131) Sets forth reporting requirements for the Ohio-class replacement submarine program.
Subtitle D--Air Force Programs
(Sec. 141) Prohibits the Air Force from moving more than 18 A-10 aircraft in the Active Component to backup flying status pursuant to a DOD authorization under the Carl Levin and Howard P. ''Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015.
(Sec. 142) Prohibits the retirement of certain A-10 aircraft before December 31, 2016. Requires the Air Force to commission and report to Congress on an assessment of the required capabilities or mission platform to replace the A-10 aircraft.
(Sec. 143) Prohibits the retirement of any EC-130H Compass Call aircraft. Requires the Air Force to commission and report to Congress on an assessment of the required capabilities or mission platform to replace the EC-130H Compass Call aircraft.
(Sec. 144) Prohibits the Air Force from using FY2016 or FY2017 funds to retire any operational Joint Surveillance Target Attack Radar System (JSTARS), EC-130H Compass Call, or Airborne Early Warning and Control (AWACS) aircraft.
(Sec. 145) Limits the use of FY2016 funds for F-35A procurement until DOD certifies to Congress that F-35A aircraft delivered in FY2018 will have full combat capability with currently planned Block 3F hardware, software, and weapons carriage.
(Sec. 146) Prohibits the Air Force from using FY2016 or FY2017 funds for retiring any KC-10 aircraft, unless the aircraft is nonoperational because of mishaps, other damage, or being uneconomical to repair.
(Sec. 147) Limits the use of funds to transfer any C-130H aircraft from one facility to another, initiate any C-130 manpower authorization adjustments, retire or prepare to retire any C-130H aircraft, or close any C-130H unit until after the Air Force makes a specified certification to Congress.
(Sec. 148) Limits the availability of funds to upgrade the executive communications of C-20 and C-37 aircraft until the Air Force certifies to Congress that the upgrades do not cause the aircraft to exceed any weight limitations or reduce operational capability of the aircraft.
(Sec. 149) Limits the use of funds for avionics modification to the T-1A Jayhawk aircraft until after the Air Force submits to Congress a required report on options for the modernization or replacement of the T-1A aircraft capability.
(Sec.150) Limits the retirement of B-1, B-2, or B-52 bomber aircraft prior to initial operational capability of the long-range strike bomber unless DOD includes a notification of the proposed retirement and specified details in the defense budget materials.
(Sec. 151) Requires the Air Force to maintain a minimum total active inventory of at least 1,900 fighter aircraft and a total primary mission aircraft inventory (combat-coded) of at least 1,100 fighter aircraft. Requires the Air Force to report to Congress in advance of retiring the aircraft.
(Sec. 152) Expresses the sense of Congress regarding basing of the F-35A aircraft outside of the continental United States.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
(Sec. 161) Limits the availability of funds for joint battle command-platform equipment until after the Army submits to Congress a report providing a test and evaluation plan to address the effectiveness, suitability, and survivability shortfalls identified by the Director of Operational Test and Evaluation in the FY2014 report.
(Sec. 162) Requires the Army and the Navy to submit to Congress a report on the plan to modernize small arms for the Army and the Marine Corps.
(Sec. 163) Requires DOD to contract with a federally funded research and development center to study the use of different types of enhanced 5.56mm ammunition by the Army and the Marine Corps.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
(Sec. 201) Authorizes appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4201 of this bill.
Subtitle B--Program Requirements, Restrictions, and Limitations
(Sec. 211) Requires DOD to: (1) designate each science and technology reinvention laboratory as a Center for Science, Technology, and Engineering Partnership in the core competencies of the designee, and (2) establish a policy to encourage the Secretary of each military department to reengineer management and business processes and adopt best-business and personnel practices at their Centers to serve as recognized leaders in their core competencies.
(Sec. 212) Expands DOD's Science, Mathematics, and Research for Transformation (SMART) program, which awards scholarships to students studying science, technology, engineering, and mathematics, to include students from countries which are parties to The Technical Cooperation Program memorandum of understanding of October 24, 1995 (currently the United Kingdom, Australia, New Zealand, and Canada). Limits the number of new foreign students entering the program to five per year.
(Sec. 213) Modifies the authority for education partnerships to permit institutions that support technology transition or transfer activities, such as business or law schools with technology management programs, to participate.
(Sec. 214) Revises requirements for the Secretary of Defense to promote, monitor, and evaluate programs for the communication and exchange of research, development, and technological data.
(Sec. 215) Reauthorizes the Global Research Watch Program, which monitors and analyzes research activities and capabilities of foreign nations in areas of military interest. Expands the focus of the program to include the private sector as a part of the global focus.
(Sec. 216) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to reauthorize the Rapid Innovation Program to accelerate the fielding of innovative technologies. Requires DOD to ensure that projects are selected using merit-based selection procedures and not subject to undue influence by Congress or other federal agencies.
(Sec. 217) Requires DOD to: (1) establish a set of science, technology, and innovation activities to improve the acquisition outcomes of major automated information systems through improved performance and reduced developmental and life cycle costs, and (2) conduct a gap analysis to identify activities that are not being pursued in the current science and technology program.
(Sec. 218) Requires DOD to establish a technology offset program to build and maintain the military technological superiority of the United States by: (1) accelerating the fielding of offset technologies that would help counter technological advantages of potential adversaries, and (2) developing and implementing new policies and acquisition and business practices.
(Sec. 219) Limits the availability of funds for F-15 infrared search and track capability until after DOD reports to Congress on the requirements and cost estimates for the development and procurement of infrared search and track capability for F/A-18 and F-15 aircraft of the Navy and the Air Force.
(Sec. 220) Limits the use of U.S. Special Operations Command funds for the Shallow Water Combat Submersible until the Under Secretary of Defense for Acquisition, Technology, and Logistics: (1) designates a civilian official responsible for oversight and assistance for all undersea mobility programs; and (2) submits a report to Congress on the Shallow Water Combat Submersible.
(Sec. 221) Limits the availability of funds for advanced development and manufacturing activities under the medical countermeasure program within the Chemical-Biological Defense Program until DOD submits a specified report to Congress on the activities.
(Sec. 222) Limits the use of funds for the distributed common ground system of the Army until the Army reviews and reports to Congress on the program planning for the system.
(Sec. 223) Limits the use of U.S. Special Operations Command funds for the distributed common ground system until a specified report is submitted to Congress.
(Sec. 224) Limits funds that the Army may use for the Integrated Personnel and Pay System of the Army until the Army reports to Congress on the performance of legacy systems, changes in human resources organization and financial system capabilities, and alternatives that could reduce the current cost of the system.
Subtitle C--Reports and Other Matters
(Sec. 231) Amends the National Defense Authorization Act for Fiscal Year 2014 to eliminate the requirements for the Joint Federated Assurance Center to coordinate certain research and development activities with the Center for Assured Software of the National Security Agency and the Defense Microelectronics Activity. (The Joint Federated Assurance Center was established to serve as a joint, department-wide federation of existing capabilities to ensure security of DOD software and hardware.)
(Sec. 232) Requires the Air Force, the Army, and the Defense Advanced Research Projects Agency to jointly conduct a demonstration of the Persistent Close Air Support (PCAS) capability in FY2016.
(Sec. 233) Requires the Secretaries of the military departments and the Secretary of Defense to each develop and submit to Congress a strategy for engagement with historically black colleges and universities and minority-serving institutions in the development of scientific, technical, engineering, and mathematics capabilities.
(Sec. 234) Requires the Army to submit to Congress a report including the findings of a market survey and assessment of commercial-off-the-shelf wide-area surveillance sensors suitable for insertion into Army tactical unmanned aerial systems.
(Sec. 235) Requires the Navy and the Air Force to submit to Congress a report on the baseline and alternatives for the Navy's Tactical Air Combat Training System (TCTS) Increment II.
(Sec. 236) Requires DOD to submit to Congress and the Government Accountability Office (GAO) to review a report on the Technology Readiness Levels (TRLs) of the technologies and capabilities critical to the long-range strike bomber aircraft.
(Sec. 237) Requires the Director of Cost Assessment and Program Evaluation to seek to enter into a contract with a federally funded research and development center to conduct a comprehensive assessment of current and future requirements and capabilities of the Army with respect to air-land ad hoc, mobile tactical communications and data networks.
(Sec. 238) Requires DOD to conduct a hardware assurance study to assess the presence, scope, and effect on DOD operations of counterfeit electronic parts that have passed through the Department supply chain and into fielded systems.
(Sec. 239) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff to jointly develop a plan to enable secure and survivable communications between and among fifth- and fourth-generation fighter aircraft, and the aircraft that support them, in anti-access/area denial environments.
(Sec. 240) Requires DOD to submit to Congress a plan for integrating advanced weapons technologies into exercises carried out by the military to improve the development and experimentation of various concepts for employment by the Armed Forces.
(Sec. 241) Requires DOD to contract with a federally funded research and development center to conduct an assessment of the F135 engine program.
(Sec. 242) Requires the GAO to report on the autonomic logistics information system for the F-35 Lightning II aircraft program.
(Sec. 243) Expresses the sense of Congress that DOD should explore using existing authorities for promoting science, technology, engineering, and mathematics programs to allow DOD laboratories and Federally Funded Research and Development Centers to help facilitate and shape a scientific and technical future workforce that can support DOD needs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
(Sec. 301) Authorizes appropriations for Operation and Maintenance activities at the levels identified in section 4301 of this bill.
Subtitle B--Energy and Environment
(Sec. 311) Prohibits DOD from making a bulk purchase of a drop-in fuel (biofuels that are similar to conventional fuels and may be used with existing vehicles and transportation infrastructure) for operational purposes unless the fully burdened cost of the fuel is cost-competitive with a traditional fuel, subject to a national security waiver.
(Sec. 312) Establishes Southern Sea Otter Military Readiness Areas at specified offshore islands in the Southern California Bight. Exempts military readiness activities of the Navy from specified environmental laws pertaining to the southern sea otter in the Areas. Requires the Navy to monitor and report to Congress on the effects of military readiness activities on the southern otter population in the Areas.
(Sec. 313) Amends energy management reporting requirements to eliminate requirements for reporting of renewable energy credits and revise electricity outage reporting requirements to include non-commercial utility outages and DOD-owned infrastructure.
(Sec. 314) Revises the scope of required DOD reviews of projects related to potential obstructions to aviation to: (1) cover requests for reviews by Indian tribes and landowners, (2) provide that information received from private entities is not publicly releasable, (3) eliminate categories of adverse risk, and (4) limit the applicability of the section to only energy projects.
(Sec. 315) Amends the Toxic Substances Control Act to exclude from the definition of "chemical substance" any component of any article subject to the excise tax on firearms and ammunition, limited to shot shells, cartridges, and components of shot shells and cartridges.
Subtitle C--Logistics and Sustainment
(Sec. 322) Repeals a limitation on the authority of the Air Force to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine.
(Sec. 323) Requires each of the service acquisition executives of the military departments to: (1) initiate a pilot program in FY2016 for product improvement under the authority provided in the National Defense Authorization Act for Fiscal Year 2008, and (2) spend at least $5 million in working capital funds in FY2016 to support the initiative.
Subtitle D--Reports
(Sec. 331) Revises requirements for the annual report on prepositioned materiel and equipment to require a list of any equipment used in support of contingency operations slated for retrograde and subsequent inclusion in the prepositioned stocks. (Under current law, the list applies specifically to Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom.)
(Sec. 332) Requires DOD to report to Congress on the merger of the Office of the Assistant Secretary of Defense for Operational Energy Plans and the Office of the Deputy Under Secretary of Defense for Installations and Environment.
(Sec. 333) Requires DOD to submit to Congress a report on equipment purchased noncompetitively from foreign entities outside of the national technology and industrial base.
Subtitle E--Other Matters
(Sec. 341) Prohibits DOD from entering into any contract or other agreement under which payments are to be made for activities by the contractor intended to honor members of the Armed Forces at a sporting event.
(Sec. 342) Revises the priority order of recipients of adopted military animals and requires the Secretary of the military department concerned to make animals available for adoption under certain circumstances.
(Sec. 343) Permits certain contracts or subcontracts entered into under the Armament Retooling and Manufacturing Support (ARMS) Initiative to include an option to extend the term for an additional 25 years.
(Sec. 344) Requires DOD to submit to Congress a plan for the improved management and oversight of the systems, processes, and controls involved in the disposal of excess DOD property by the Defense Logistics Agency Disposition Services.
(Sec. 345) Limits the use of funds for sponsorship, advertising, or marketing associated with a sports-related organization or sporting event until the Under Secretary of Defense for Personnel and Readiness reviews and reports to Congress on current contracts and task orders for sponsorships, advertising, and marketing.
(Sec. 346) Requires DOD to: (1) plan and budget for $10 billion in cost savings in its headquarters, administrative and support activities between FY2015-FY2019; (2) include at least a 25% reduction to headquarters activities in the savings; and (3) conduct a comprehensive review of headquarters, administrative, and support functions.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
(Sec. 401) Authorizes specified end strengths for Active Duty personnel of the Armed Forces.
(Sec. 402) Establishes new minimum Active Duty end strengths for the Army, Navy, Marine Corps, and Air Force.
Subtitle B--Reserve Forces
(Sec. 411) Authorizes specified end strengths for Selected Reserve personnel.
(Sec. 412) Authorizes specified end strengths for Reserves on Active Duty in support of the Reserves.
(Sec. 413) Authorizes specified end strengths for military technicians (dual status).
(Sec. 414) Establishes the maximum end strengths for the Reserve Components of the Army and Air Force for non-dual status technicians.
(Sec. 415) Authorizes the maximum number of Reserve Component personnel who may be on Active Duty or full-time National Guard duty during FY2016 to provide operational support.
Subtitle C--Authorization of Appropriations
(Sec. 421) Authorizes appropriations for Military Personnel at the levels identified in section 4401 of this bill.
(Sec. 422) Requires DOD to submit to Congress a report containing specified assessments, evaluations, and details regarding the force structure of the Army.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
(Sec. 501) Reinstates the authority for the service secretaries to convene selection boards to consider regular warrant officers on the Active-Duty list for involuntary discharge.
(Sec. 502) Specifies that if the Secretary of a military department determines that one or more officers were not placed on an all-fully-qualified-list for promotion because of administrative error, the Secretary may prepare a supplemental list for promotion containing the names of the officers.
(Sec. 503) Revises the restriction on the number of officers that may be recommended for discharge by a selection board.
(Sec. 504) Permits the Secretaries of the military departments to defer, until age 68, the mandatory retirement age of a general or flag officer serving as Chief or Deputy Chief of Chaplains of the Army, Navy, or Air Force.
(Sec. 505) Authorizes a service secretary to retire warrant officers in the highest grade in which they served satisfactorily before retirement.
(Sec. 506) Implements GAO recommendations on the definition and availability of general and flag officer costs and requires DOD to submit a report to Congress describing the costs.
Subtitle B--Reserve Component Management
(Sec. 511) Provides that a member of the Ready Reserve who is also a Member of Congress may not be transferred to the Standby Reserve or discharged on account of the individual's position as a Member of Congress unless the transfer or discharge is ordered by the Secretary of Defense or the Secretary of Homeland Security, in the case of the Coast Guard Reserve, based on the needs of the services.
(Sec. 512) Provides that the purpose of a Reserve Component special selection board is limited to the correction of errors at a mandatory promotion board.
(Sec. 513) Increases from 90 to 180 days the number of continuous days of Active Duty required to be performed by reserve component members for the duty to be considered satisfactory federal service for purposes of unemployment compensation.
(Sec. 514) Authorizes the Air Force to use up to 50 Active, Guard, and Reserve members and dual status military technicians to provide pilot instruction training to active duty and foreign military personnel in excess of what is currently authorized. Requires the Air Force to submit to Congress a plan to eliminate pilot instructor shortages within the Air Force.
(Sec. 515) Requires DOD submit to Congress an assessment of the Military Compensation and Retirement Modernization Commission's recommendation to consolidate the statutory authorities by which members of the reserve components may be ordered to perform duty.
Subtitle C--General Service Authorities
(Sec. 521) Authorizes the service secretaries to apply for a correction to military records on behalf of a group of members or former members of the Armed Forces who were similarly harmed by the same error or injustice.
(Sec. 522) Provides authority through 2020 for the Secretary of a military department to develop and provide incentives to encourage individuals to accept an appointment as a commissioned officer, accept an appointment as a warrant officer, or enlist in the Armed Forces.
(Sec. 523) Amends the Duncan Hunter National Defense Authorization Act of Fiscal Year 2009 to expand the authority to conduct pilot programs on career flexibility to enhance retention of members of the Armed Forces. Removes limitations on the number of participants in the program. (Under the program, officers and enlisted members of the Armed Forces may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of the period of inactivation.)
(Sec. 524) Modifies the waiting period and congressional notification requirements for changes in the ground combat exclusion policy for female members of the Armed Forces. Requires DOD to notify Congress at least 30 days before a change is implemented.
(Sec. 525) Requires gender-neutral occupational standards developed by the Secretaries of the military departments to measure the combat readiness of combat units, including special operations forces.
(Sec. 526) Requires DOD to establish a process by which the commander of a military installation in the United States, reserve center, recruiting center, or other defense facility may authorize a member of the Armed Forces assigned to duty at the installation to carry an appropriate firearm on the installation if it is necessary as a personal- or force-protection measure.
(Sec. 527) Requires the Army to develop a breastfeeding policy for female members of the Army.
(Sec. 528) Expresses the sense of Congress that the United States should (1) continue to recognize and promote diversity in the Armed Forces; and (2) honor those from diverse backgrounds and religious traditions who have made sacrifices in serving the United States through the Armed Services.
Subtitle D--Military Justice, Including Sexual Assault and Domestic Violence Prevention and Response
(Sec. 531) Amends the Uniform Code of Military Justice (UCMJ) to authorize a victim to petition the Court of Criminal Appeals for a writ of mandamus based on an assertion that the victim's rights at an Article 32, UCMJ, investigation were violated or that the victim is subject to an order to submit to a deposition notwithstanding the fact that the victim is available to testify at a court-martial.
(Sec. 532) Authorizes DOD to provide Special Victims' Counsel (SVC) services to a civilian DOD employee who is the victim of an alleged sex-related offense.
(Sec. 533) Authorizes the SVC to provide legal consultation and assistance to victims of an alleged sex-related offense, in connection with inspector general and equal opportunity complaints, requests under the Freedom of Information Act, and communications with Congress.
(Sec. 534) Requires a victim of a sex-related offense to be notified of the availability of a Special Victims' Counsel prior to interviewing or requesting a statement from the victim, subject to exceptions for exigent circumstances.
(Sec. 535) Requires DOD to develop a policy to standardize the training for Special Victims' Counsel, establish performance measures and standards, and ensure that Special Victims' Counsel are assigned to locations that maximize face-to-face interactions with clients.
(Sec. 536) Provides that federal law protecting the privacy of victims who are servicemembers or adult military dependents and who file restricted reports of sexual assault preempts state laws requiring reporting to a sexual assault response coordinator, a sexual assault victim advocate, or healthcare personnel providing assistance to a victim. Includes an exception if reporting is necessary to prevent or mitigate a serious and imminent threat to the health or safety of an individual.
(Sec. 537) Requires DOD to establish the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces no later than 90 days after enactment of this bill.
(Sec. 538) Requires DOD to develop a plan to improve prevention and response to sexual assaults of male members of the Armed Forces.
(Sec. 539) Requires DOD to establish a strategy to prevent retaliation against members of the Armed Forces who report or intervene on behalf of sexual assault victims.
(Sec. 540) Requires the service secretaries to ensure that the commanders, administrators, and instructors of each unit of the Senior Reserve Officers' Training Corps receive regular sexual assault prevention and response training and education.
(Sec. 541) Requires DOD to retain all elements of the case file in investigations of sex-related offenses for at least 50 years.
(Sec. 542) Requires the GAO to report on policies of the Army National Guard and the Army Reserve regarding sexual assault response and prevention.
(Sec. 543) Requires DOD to examine the DOD process for implementing changes to the UCMJ to develop options for streamlining the process and ensure that legal guidance is published when the changes are implemented.
(Sec. 544) Modifies the Rules for Courts-Martial to prohibit giving a less favorable rating to any member of the Armed Forces serving as a Special Victims' Counsel because of the zeal with which the Counsel represented a victim.
(Sec. 545) Authorizes the President to modify Rule 304(c) of the Military Rules of Evidence to conform to the rules governing the admissibility of the corroboration of admissions and confessions in the trial of criminal cases in the U.S. district courts.
Subtitle E--Member Education, Training, and Transition
(Sec. 551) Amends the National Defense Authorization Act for Fiscal Year 2008 to revise the Yellow Ribbon Reintegration Program to:
(Sec. 552) Excludes any day on which a member: (1) performed full-time training or annual training duty, and (2) attended a school designated as a service school from the calculation of continuous days of Active Duty for the purpose of receiving preseparation counseling.
(Sec. 553) Requires DOD and the Department of Homeland Security to permit a member of the Armed Forces eligible for the Transition Assistance Program to receive additional training in preparation for higher education or training, career or technical training, or entrepreneurship.
(Sec. 554) Authorizes the Joint Professional Military Education Phase II courses to be taught in residence at or offered through the Joint Forces Staff College or senior level service school designated as a joint professional military education institution.
(Sec. 555) Terminates the program to provide educational assistance for reserve component members supporting contingency operations and other operations in four years after the date of enactment of this bill.
(Sec. 556) Adds one additional nomination for appointment to each military service academy by each Delegate in Congress from the territories of Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(Sec. 557) Authorizes the Army to enter into certain contracts and agreements with the Army West Point Athletic Association to support the athletic programs of the U.S. Military Academy and sets forth requirements for the agreements.
(Sec. 558) Removes the requirement that admission of defense industry civilians to the U.S. Air Force Institute of Technology be on a space-available basis as long as the attendance does not require an increase in the size of the faculty, course offerings, or laboratory facilities of the school.
(Sec. 559) Requires the Secretaries of the military departments to ensure that professional accreditation programs provided to members of the Armed Services meet recognized national and international standards.
(Sec. 560) Provides that individuals receiving Post-9/11 Education Assistance may not also receive unemployment insurance while receiving the post-9/11 education benefit, subject to an exception for individuals who were involuntarily separated from service under honorable conditions.
(Sec. 561) Establishes a Job Training and Post-Service Placement Executive Committee within the Department of Veterans Affairs-Department of Defense Joint Executive Committee to: (1) review policies, procedures, and practices with respect to job training and post-service placement programs; and (2) identify changes to improve job training and post-service placement.
(Sec. 562) Exempts two additional involuntary mobilization duty authorities from the five-year limit on reemployment rights: (1) orders of the Army, Navy, Marine Corps, and Air Force Reserve to active duty to respond to a major disaster or emergency; and (2) orders of the Selected Reserve to active duty for preplanned missions in support of the combatant commands.
(Sec. 563) Amends the Clay Hunt Suicide Prevention for American Veterans Act to expand outreach for veterans transitioning from Active Duty to inform them about community oriented veteran peer support networks and other available support programs.
Subtitle F--Defense Dependents' Education and Military Family Readiness Matters
(Sec. 571) Authorizes appropriations to continue DOD assistance to local educational agencies impacted by enrollment of dependent children of military members and DOD civilian employees.
(Sec. 572) Authorizes appropriations for impact aid payments for children with disabilities to continue DOD assistance to local educational agencies that benefit eligible dependents with severe disabilities.
(Sec. 573) Authorizes the use of appropriations to support student meal programs in domestic defense dependents' schools located outside of the United States.
(Sec. 574) Extends the authority for family support programs for immediate family members of members of the Armed Forces assigned to Special Operations Forces and modifies reporting requirements.
Subtitle G--Decorations and Awards
(Sec. 581) Waives the statutory time limitation to authorize the Army to award the Distinguished-Service Cross to Edward G. Halcomb for service in the Korean War.
Subtitle H--Miscellaneous Reports and Other Matters
(Sec. 591) Authorizes DOD to develop a policy to coordinate the efforts of DOD and non-governmental suicide prevention organizations.
(Sec. 592) Extends the requirement for semiannual reports on involuntary separation of members of the Armed Forces.
(Sec. 593) Requires DOD to report to Congress on the feasibility of conducting preliminary mental health screenings for individuals becoming members of the Armed Forces.
(Sec. 594) Requires DOD to report to Congress on new Military Lending Act regulations related to the identification of covered borrowers, including: (1) the ability of the Defense Manpower Data Center to provide the information needed to determine whether a borrower is covered, or (2) an alternate mechanism for identifying covered borrowers. Specifies requirements for Defense Manpower Data Center reports and meetings with private sector users.
(Sec. 595) Limits the use of Air Force Operation and Maintenance funds until the Air Force reports to Congress on remotely piloted aircraft career field manning levels and actions that will be taken to rectify personnel shortfalls.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
(Sec. 601) Freezes the monthly basic pay for all general and flag officers.
(Sec. 602) Ends the supplemental subsistence allowance for servicemembers serving inside the United States. (Servicemembers serving outside the United States, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or Guam would still be eligible to receive the supplemental subsistence allowance from DOD.)
(Sec. 603) Permits DOD to reduce the monthly amount of the basic allowance for housing (BAH) by up to the following percentages of the national average for housing for a given pay grade and dependency status: 1% in 2015, 2% 2016, 3% in 2017, 4% in 2018, and 5% for months after 2018.
(Sec. 604) Extends the authority of DOD to temporarily increase the rates of basic allowance for housing in areas impacted by natural disasters or experiencing a sudden influx of personnel.
(Sec. 605) Permits DOD to obtain information from the Department of Agriculture regarding the number of Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) applicant households that contain members of the Armed Forces.
Subtitle B--Bonuses and Special and Incentive Pays
(Sec. 611) Extends certain bonus and special pay authorities for Reserve Forces.
(Sec. 612) Extends certain bonus and special pay authorities for health care professionals.
(Sec. 613) Extends certain bonus and special pay authorities for nuclear officers.
(Sec. 614) Extends the general bonus authority for enlisted members and officers, the special bonus and incentive pay authority for nuclear officers, special aviation incentive pay and bonus authorities, the special health professions incentive pay and bonus authorities, hazardous duty pay, assignment pay or special duty pay, skill incentive pay or the proficiency bonus, the contracting bonus for Senior Reserve Officers' Training Corps cadets and midshipmen, and the retention bonus for members with critical military skills or assigned to high-priority units.
(Sec. 615) Extends the authority for the aviation officer retention bonus, assignment incentive pay, the reenlistment bonus for active members, the enlistment bonus for active members, the incentive pay for members of precommissioning programs pursuing foreign language proficiency, the accession bonus for new officers in critical skills, the incentive bonus for conversion to military occupational specialty to ease personnel shortage, the incentive bonus for transfer between Armed Forces, and the accession bonus for officer candidates.
(Sec. 616) Authorizes the Navy to increase the maximum nuclear officer bonus if necessary to address declining nuclear officer retention and growing retention uncertainty.
(Sec. 617) Increases aviation incentive pay for officers performing qualifying flying duty relating to remotely piloted aircraft and makes technical amendments to the aviation pay and bonus authorities.
(Sec. 618) Repeals the authority of the Army to pay bonuses to encourage Army personnel to refer persons for enlistment in the Army.
Subtitle C--Travel and Transportation Allowances
(Sec. 621) Permits the Secretary of the military department concerned to provide round trip transportation to transfer ceremonies for family and next of kin of members of the armed forces who die overseas during humanitarian relief operations.
(Sec. 622) Repeals the special travel and transportation allowance for survivors of deceased members of the Armed Forces from the Vietnam conflict to provide equal travel benefits regardless of the location of death or connection to a specific conflict.
(Sec. 623) Requires the GAO to study the impact of the policy changes to the Joint Travel Regulations for uniformed service members and DOD civilian employees related to flat rate per diem for long-term temporary duty travel.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
Part I--Retired Pay Reform
(Sec. 631) Changes the current uniformed services retirement system by blending the current defined benefit retirement plan with a defined contribution plan, lump sum career continuation pay, and retention bonuses paid at defined career milestones, while continuing a 20-year defined annuity.
Limits service members who may opt-in to the new retirement system to those with less than 12 years of service. Repeals the modified cost-of-living adjustment for members under the age of 62 included in the Bipartisan Budget Act of 2013.
(Sec. 632) Provides a government-matching Thrift Savings Plan (TSP) retirement benefit for those who enter uniformed service on or after January 1, 2018, or a member serving before that date who makes a voluntary election to opt-in to the new plan. Ends the government matching contributions at 26 years of service.
(Sec. 633) Permits the voluntary election of lump sum payments of retired pay for those serving for 20 or more years.
(Sec. 634) Changes the current military retirement system by adding a mandatory lump sum career continuation pay at 12 years of service with an agreement by the service member to continue in service for 4 more years.
(Sec. 635) Establishes January 1, 2018, as the effective date for this subtitle, and requires the Secretaries concerned to submit an implementation plan to Congress.
Part II--Other Matters
(Sec. 641) Permits the election of a new spouse beneficiary under the Survivor Benefit Plan after the death of a former spouse beneficiary.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations
(Sec. 651) Requires DOD to submit to Congress a plan to make delivery of commissary and exchange benefits budget-neutral by October 1, 2018. Requires GAO to assess the plan. Permits DOD to conduct one or more pilot programs to evaluate processes and methods for achieving budget-neutrality in the delivery of commissary and exchange benefits.
(Sec. 652) Requires GAO to report on policies and procedures for construction projects funded through the Commissary Surcharge, Non-appropriated Fund and the Privately-Financed Major Construction Program of DOD.
Subtitle F--Other Matters
(Sec. 661) Requires DOD to increase the frequency of and make specified improvements to financial literacy and preparedness training for members of the Armed Forces.
(Sec. 662) Authorizes DOD to obligate installment payments of bonus, incentive pay, and similar benefits at the time payment is due.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
(Sec. 701) Modifies residency requirements for certain beneficiaries to receive access to TRICARE Prime.
(Sec. 702) Modifies cost-sharing requirements for the TRICARE pharmacy benefits program.
(Sec. 703) Expands continued health benefits coverage to include discharged and released members of the Selected Reserve.
(Sec. 704) Requires DOD to ensure that TRICARE Prime beneficiaries obtain health care appointments within health care access standards established by DOD. Requires DOD to publish the health care access standards in the Federal Register and on a publicly accessible DOD web site.
(Sec. 705) Expands reimbursement for smoking cessation services for certain TRICARE beneficiaries.
Subtitle B--Health Care Administration
(Sec. 711) Authorizes DOD to waive recoupment of an erroneous payment to a covered TRICARE beneficiary if:
Requires DOD to impose financial responsibility on TRICARE contractors that are responsible for erroneous payments.
(Sec. 712) Requires DOD to publish data on measures used to assess patient safety, quality of care, patient satisfaction, and health outcomes for health care provided under the TRICARE program at each military medical treatment facility on a publicly available DOD website.
Requires data for health care provided by a military medical treatment facility to be accessible on the primary web site of that facility. Prohibits DOD from publishing any data related to risk management activities.
(Sec. 713) Requires DOD to include data on patient safety, quality of care, and access to care at each military medical treatment facility in the annual report to Congress on TRICARE program effectiveness.
(Sec. 714) Requires DOD to ensure that beneficiaries covered under a TRICARE health plan can access health care under that health plan in each TRICARE program region.
(Sec. 715) Requires DOD and the VA to establish a joint uniform formulary with respect to pharmaceutical agents that are critical for the transition of an individual from receiving treatment furnished by DOD to treatment furnished by the VA.
(Sec. 716) Establishes criteria under which licensed mental health counselors may be reimbursed under the TRICARE program.
(Sec. 717) Requires DOD to develop a system for designating non-department mental health care providers that meet criteria relating to knowledge and understanding of military culture and evidence-based mental health treatments approved by DOD.
(Sec. 718) Requires DOD to: (1) establish and disseminate clinical practice guidelines on standards of care with respect to methods of contraception and counseling on methods of contraception for members of the Armed Forces, and (2) ensure that female members of the Armed Forces have access to comprehensive counseling on the full range of methods of contraception provided by health care providers during health care visits.
Subtitle C--Reports and Other Matters
(Sec. 721) Makes permanent the authority to provide transportation for certain dependents receiving obstetrical anesthesia services related to childbirth.
(Sec. 722) Extends the authority for the DOD-VA Health Care Sharing Incentive Fund for five years.
(Sec. 723) Extends the authority for the joint DOD-VA Medical Facility Demonstration Fund.
(Sec. 724) Limits funds that may be spent by the Office of the Secretary of Defense until DOD submits to Congress a required report on the military health system modernization study.
(Sec. 725) Requires DOD to carry out and report to Congress on a pilot program to allow covered beneficiaries under the TRICARE program to access urgent care visits without requiring pre-authorization for the visits.
(Sec. 726) Requires DOD to conduct and report to Congress on a pilot program to assess value-based incentive programs to encourage institutional and individual health care providers under the TRICARE program to improve quality of care, the experience of beneficiaries in receiving care, and the health of beneficiaries.
(Sec. 727) Limits the funds authorized by this bill that may be used for DOD Healthcare Management Systems Modernization until DOD makes a specified certification required by the National Defense Authorization Act for Fiscal Year 2014.
(Sec. 728) Requires DOD to submit to the VA specified information related to the exposure of members of the Armed Forces to airborne hazards, open burn pits, and environmental factors in Iraq and Afghanistan connected to respiratory illnesses.
(Sec. 729) Requires DOD to submit to Congress a plan to compile and assess data relating to: (1) outcomes for mental health care provided by DOD, (2) variations in outcomes among different medical facilities, and (3) barriers to the implementation by mental health care providers of the clinical practice guidelines and other evidence-based treatments and approaches.
(Sec. 730) Requires DOD to submit to Congress and GAO to assess a report describing plans to improve the experience of care of beneficiaries and to eliminate performance variability for health care provided in military medical treatment facilities and in the TRICARE purchased care network.
(Sec. 731) Requires GAO to study gaming facilities at military installations and problem gambling among members of the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
(Sec. 801) Requires the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps to review their current individual authorities related to defense acquisitions to develop recommendations to further or advance their roles in the development of requirements, acquisition processes, and the associated DOD budget practices.
(Sec. 802) Sets forth the role of the Chiefs of Staff and other specified officials with respect to decisions regarding the balancing of resources, priorities, and associated trade-offs among cost, schedule, technical feasibility, and performance on major defense acquisition programs.
(Sec. 803) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to allow DOD to use existing rapid acquisition authority for supplies and services that DOD determines are:
Increases the amount of rapid acquisition authority for contingency operations and authorizes a specified amount for cyber security.
(Sec. 804) Requires the Undersecretary of Defense for Acquisition, Technology and Logistics to issue guidance for an expedited and streamlined ''middle tier'' of acquisition programs that are intended to be completed within five years.
Requires the guidance to include two acquisition pathways: (1) a rapid prototyping pathway that can demonstrate new capabilities to meet emerging military needs which could result in a residual operational capability, and (2) a rapid fielding pathway for proven technologies to field production quantities of new or upgraded systems with minimal development required.
Authorizes the use of expedited and streamlined procedures for both of these pathways and establishes a Rapid Prototyping Fund to provide additional funds for each rapid prototyping pathway program.
(Sec. 805) Requires DOD to establish and report to Congress on procedures and guidelines for alternative acquisition pathways to acquire capital assets and services that meet critical national security needs.
(Sec. 806) Permits DOD to waive acquisition laws or regulations to acquire a capability that is in the vital national security interest of the United States and is not otherwise available to the Armed Forces. Requires DOD to notify Congress before using this authority and designate a senior official to be responsible and accountable for the rapid and effective acquisition and deployment of the needed capability.
(Sec. 807) Authorizes limited acquisition authority for non-major systems for the Commander of U.S. Cyber Command. Requires an implementation plan to be submitted to Congress. Requires the Cyber Investment Management Board to review and assess programs being acquired under this authority.
(Sec. 808) Requires the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps to each submit to Congress a report on efforts to link and streamline the requirements, acquisition, and budget processes within the Army, Navy, Air Force, and Marine Corps.
(Sec. 809) Requires DOD to establish, under the sponsorship of the Defense Acquisition University and the National Defense University, an advisory panel on streamlining acquisition regulations.
(Sec. 810) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to review the requirements process to: (1) establish an agile and streamlined system that develops requirements that provide stability and foundational direction for acquisition programs, and (2) to determine the advisability of providing a time-based or phased distinction between capabilities needed to be deployed urgently, within two years, within five years, and longer than five years.
Requires DOD to ensure that the acquisition and budgeting systems are structured to meet time-based or phased requirements in a manner that is predictable, cost effective, and efficient and takes advantage of emerging technological developments.Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
(Sec. 811) Replaces a requirement that the head of an agency determine that substantial savings would be achieved before entering into a multiyear contract with a requirement that the savings be significant.
(Sec. 812) Limits the applicability of requirements under the Truth in Negotiations Act to submit certified cost and pricing data if: (1) the data relates to an offset agreement in connection with a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm, and (2) does not relate to a contract or subcontract under the offset agreement for work performed in a foreign country that is directly related to the weapon system or defense-related item being purchased under the contract.
(Sec. 813) Sets forth procedures for the validation of rights in technical data for subsystems and components of major weapon systems and establishes a government-industry advisory panel on rights in technical data.
(Sec. 814) Revises experimental acquisition authority to apply the authority to transportation, energy, medical, and space-flight supplies.
(Sec. 815) Amends the National Defense Authorization Act for Fiscal Year 1994 to make permanent the transaction authority for the Defense Advanced Research Projects Agency to carry out certain prototype projects that are directly relevant to enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, or materials proposed to be acquired or developed by DOD, or to improvement of platforms, systems, components, or materials in use by the Armed Forces.
Sets forth policies regarding the qualification of contractors as nontraditional contractors, permissible uses of the authority, and the participation of small businesses without a cost-share requirement.
(Sec. 816) Raises the special emergency procurement authority threshold.
(Sec. 817) Changes the rounding method used for making inflation adjustments to certain acquisition-related dollar thresholds.
Subtitle C--Provisions Related to Major Defense Acquisition Programs
(Sec. 821) Requires DOD to create an acquisition strategy for each major defense acquisition program, each major automated information system, and each major system approved by a Milestone Decision Authority (MDA).
(Sec. 822) Requires the program acquisition strategy for each major defense acquisition program or major system to specifically address approaches to manage and mitigate risks.
(Sec. 823) Establishes the MDA's responsibility to ensure that an acquisition program has demonstrated sufficient knowledge to enter into a risk reduction phase following milestone A (initiates technology maturation and risk reduction) and has sound plans to progress to the development phase before granting milestone approval. Specifies the considerations that the MDA must take into account.
(Sec. 824) Establishes the MDA's responsibility to ensure that an acquisition program has demonstrated sufficient knowledge to enter a development phase and has sound plans in place to deliver the required capability before granting milestone B (initiates engineering and manufacturing development) approval. Specifies the considerations that the MDA must take into account.
Requires the MDA to certify that: (1) the program has a high likelihood of accomplishing its intended mission based on a formal post-preliminary design review assessment, and (2) the technology in the program has been demonstrated in a relevant environment based on an independent review and assessment.
(Sec. 825) Designates the service acquisition executives as the MDA for major acquisition programs managed by the military services unless DOD designates another official to serve as the MDA.
(Sec. 826) Requires DOD to revise guidance for defense acquisition programs to address the tenure and accountability of program managers for the program definition period of defense acquisition programs.
(Sec. 827) Requires DOD to revise guidance for major defense acquisition programs to address the tenure and accountability of program managers for the program execution period of major defense acquisition programs. Specifies requirements for the revised guidance.
(Sec. 828) Requires each military department to pay an annual penalty for cost overruns on the covered major defense acquisition programs of the military department.
(Sec. 829) Modifies reporting requirements applicable to the Assistant Secretary of Defense for Research and Engineering regarding major defense acquisition programs.
(Sec. 830) Requires each Configuration Steering Board to track any changes in program requirements for a major defense acquisition program and requires certain changes to be approved by the service chief.
(Sec. 831) Repeals the requirement for separate manpower estimates for major defense acquisition programs.
(Sec. 832) Authorizes the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Deputy Assistant Secretary of Defense for Systems Engineering to review developmental test and evaluation and systems engineering master plans for major defense acquisition programs, respectively, and advise relevant technical authorities on the incorporation of best practices for programs under consideration.
Subtitle D--Provisions Relating to Acquisition Workforce
(Sec. 841) Makes permanent the authority for the Defense Acquisition Workforce Development Fund and the associated expedited hiring authority.
(Sec. 842) Reinstitutes a dual-track career path for officers and enlisted personnel to gain experience and receive credit for both a primary career in combat arms and a functional secondary career in the acquisition field.
(Sec. 843) Includes acquisition matters addressed by military personnel in the definition of "joint matters" to enable military acquisition professionals to receive joint professional credit and end certain double experience requirements for officers who serve in acquisition positions.
(Sec. 844) Requires DOD to provide mandatory training for members of the Armed Forces and DOD employees responsible for conducting market research.
(Sec. 845) Requires DOD to contract with an independent research entity to study DOD strategic planning related to the defense acquisition workforce.
(Sec. 846) Extends the Civilian Acquisition Workforce Personnel Demonstration Project.
Subtitle E--Provisions Relating to Commercial Items
(Sec. 851) Requires DOD to: (1) establish and maintain a centralized capability to oversee the making of commercial item determinations for DOD procurements, and (2) provide public access to the determinations.
Permits a contracting officer to presume that a prior commercial item determination made by a DOD component may serve as a determination for subsequent procurements of the items.
(Sec. 852) Modifies the information that a contractor is required to submit to DOD to support a price reasonableness determination.
(Sec. 853) Requires a contracting officer to consider evidence provided by an offeror of recent purchase prices paid by the government for the same or similar commercial items in establishing price reasonableness if the previous prices remain a valid reference for comparison after considering other relevant factors.
(Sec. 854) Requires DOD to submit to Congress a report identifying the defense-unique provisions of law that are applicable for the procurement of commercial items or commercial off-the-shelf items, both at the prime and subcontract level.
(Sec. 855) Requires DOD to issue guidance and conduct reviews to ensure that defense acquisition officials and specified documents fully comply with requirements regarding market research and the preference for commercial items.
(Sec. 856) Requires a written determination to be made prior to any conversion of the procurement of commercial items to a non-commercial acquisition procedure. Requires DOD to establish procedures to track conversions of future contracts and subcontracts for improved analysis and reporting.
(Sec. 857) Authorizes DOD to treat goods and services provided by a non-traditional contractor as a commercial item.
Subtitle F--Industrial Base Matters
(Sec. 861) Extends the DOD Mentor-Protege Pilot Program, which provides incentives for major DOD contractors to furnish disadvantaged small business concerns with assistance to enhance capabilities to perform under DOD contracts. Modifies eligibility requirements, forms of assistance, and reporting requirements.
(Sec. 862) Amends the Small Business Act to require the Small Business Administration (SBA) to annually provide to Congress certification of the accuracy and completeness of data reported on bundled and consolidated contracts. Requires GAO to report on the effectiveness of the certification process and assess whether contracts were accurately labeled as bundled or consolidated.
(Sec. 863) Requires: (1) the senior procurement executive or chief acquisition officer to announce through a public website that a determination has been made to bundle or consolidate contracts, and (2) the head of a contracting agency to announce through a public website that a determination has been made regarding a substantial bundling of contracts for a proposed procurement plan. Specifies requirements for the timing of the announcements.
(Sec. 864) Provides that Small Business Act requirements for certain contracts apply to contracts for goods, but not services or construction.
(Sec. 865) Establishes certification requirements for Commercial Market Representatives and modifies the certification requirements for Procurement Center Representatives and Business Opportunity Specialists.
(Sec. 866) Amends the Consolidated Appropriations Act, 2005 to revise requirements for small businesses located in base closure areas to participate in the Historically Underutilized Business Zone (HUBZone) program. Authorizes the inclusion of qualified disaster areas and base closure areas in the program.
(Sec. 867) Requires agencies to consider the capabilities and past performances of the small businesses that submit offers as teams or joint ventures for a multiple award contract or when the contract is bundled or consolidated.
(Sec. 868) Requires the SBA to:
Specifies requirements for the scorecard and requires the GAO to review the methodology. Requires the SBA to report to Congress on specified details regarding contracts awarded to small businesses.
(Sec. 869) Establishes an Office of Hearings and Appeals in the SBA to: (1) impartially decide matters relating to certain program decisions of the Administrator, and (2) handle Freedom of Information Act requests and maintain records pursuant to the Privacy Act of 1974. Establishes procedures for the Office of Hearing and Appeals to consider petitions for the reconsideration of size standards for small business concerns.
(Sec. 870) Sets forth additional duties for the Office of Small and Disadvantaged Business Utilization in cases where a small business believes that a solicitation, request for proposal, or request for quotation might unduly restrict the ability of the small business concern to compete for an award.
(Sec. 871) Includes consideration of success in attainment of small business subcontracting goals as a part of agency responsibilities for achieving small business goals.
(Sec. 872) Requires DOD to report to Congress regarding the failure of contractors to meet goals under negotiated comprehensive small business subcontracting plans.
(Sec. 873) Establishes a pilot program for streamlining awards of certain contracts to a small business or non-traditional defense contractor pursuant to: (1) a technical merit based selection procedure, or (2) the Small Business Innovation Research Program. Establishes exceptions to requirements for certified cost and pricing data and records examination for these contracts.
(Sec. 874) Increases the amount of SBA surety bond guarantees from 70% to 90% percent. (A surety bond is a three-party instrument between a surety who agrees to be responsible for the debt or obligation of another, a contractor, and a project owner.)
(Sec. 875) Requires DOD to contract with an independent entity to review: (1) regulations, practices, and sustainment requirements related to government access to and use of intellectual property rights of private sector firms; and (2) practices related to the procurement, management, and use of intellectual property rights to facilitate competition in sustainment of weapon systems throughout their life-cycle.
(Sec. 876) Requires DOD to include in the periodic assessment of defense capability a determination of the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of: (1) industries supporting the sectors or capabilities in the assessment, and (2) industries that do not actively supporting DOD.
Subtitle G--Other Matters
(Sec. 881) Requires DOD acquisition, management, and oversight agencies to ensure that oversight efforts do not result in unnecessary delays or increases in program costs or cost estimates.
(Sec. 882) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to: (1) examine the decision authority related to acquisition of services; and (2) develop and issue guidance to improve capabilities related to services contracts requirements development, source selection, and contract oversight and management.
(Sec. 883) States the responsibilities of the Secretary of Defense, the Defense Business Council, and other specified officials for the management of defense business systems.
(Sec. 884) Requires DOD to ensure that the procurements of items of personal protective equipment or critical safety items rely on source selection criteria predominately based on technical qualifications of the item and not on price if the level of quality or failure of the item could result in death or severe bodily harm to the user.
(Sec. 885) Expands the eligibility for contractors to include costs for rework and corrective action related to counterfeit electronic parts as allowable costs under DOD contracts. Permits DOD to approve industry-selected trusted suppliers.
(Sec. 886) Provides that the enhanced authority to acquire goods and services manufactured in Afghanistan and Central Asian States is not available for any good contained in the AbilityOne procurement catalog that can be produced and delivered by a qualified non-profit agency for the blind or a non-profit agency for other severely disabled in a timely fashion to support mission requirements.
(Sec. 887) Requires the Federal Acquisition Regulatory Council to prescribe a regulation making clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, if the exchanges are consistent with existing laws and regulations and do not promote an unfair competitive advantage to particular firms.
(Sec. 888) Requires DOD to conduct and brief Congress on an assessment of the application of the Open Trusted Technology Provider Standard or similar public, open technology standards to DOD procurements for information technology and cyber security acquisitions.
(Sec. 889) Requires the Deputy Chief Management Officer; the Chief Information Officer (CIO); and the Under Secretary of Defense for Acquisition, Technology, and Logistics to jointly complete a business case analysis to determine the most effective and efficient way to procure and deploy common information technology services.
(Sec. 890) Requires the CIO to: (1) develop a cloud strategy for the Secret Internet Protocol Network (SIPRNet); (2) develop a consistent pricing and cost recovery process for the use by DOD components of the Intelligence Community's cloud services; and (3) assess the feasibility and advisability of imposing a minimum set of open standards for cloud infrastructure, middle-ware, metadata, and application programming interfaces to promote interoperability, information sharing, access to data, and competition.
(Sec. 891) Modifies requirements for a major automated information system program that fails to achieve a full deployment decision within five years after the initiation of the program. Requires DOD to submit a written determination justifying the need for a longer time period.
(Sec. 892) Expands the pilot program on the acquisition of military purpose non-developmental items to include additional classes of contractors and apply the standards of the Competition in Contracting Act of 1984 to the contracts.
(Sec. 893) Prohibits the Defense Contract Audit Agency (DCAA) from providing outside audit support to non-DOD agencies until the DCAA certifies that the backlog for incurred cost audits is less than 18 months of incurred cost inventory.
(Sec. 894) Expresses the sense of the Congress that before using the lowest price, technically acceptable evaluation method for the procurement of audit or audit readiness services, DOD should establish the values and metrics for evaluating companies offering audit services.
(Sec. 895) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to review, and revise or issue if necessary, policy guidance for the identification, mitigation, and prevention of potential unfair competitive advantage conferred to technical advisors to acquisition programs.
(Sec. 896) Requires DOD to conduct and report to Congress on a survey of the contractors with the highest level of reimbursements for cost type contracts with DOD during FY2014 to estimate industry's cost of regulatory compliance with certain acquisition regulations and requirements.
(Sec. 897) Provides that DOD contracts for purchases of products by other federal agencies or state or local governments where DOD serves as an intermediary for the General Services Administration are not subject to specified contracting requirements.
(Sec. 898) Ensures that non-profit organizations can compete for contracts for religious related services on a U.S. military installation.
(Sec. 899) Permits DOD to establish a pilot program to test a risk-based contracting approach under which cost or pricing data is required for a sample of contracts for purposes of the Truth in Negotiations Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
(Sec. 901) Revises the functions of the Chairman of the Joint Chiefs of Staff to include additional joint force integration functions currently overseen by the Chairman, as a result of the disestablishment of U.S. Joint Forces Command and the deletion of that command from the Unified Command Plan.
(Sec. 902) Expresses the sense of the Congress regarding the U.S. Marine Corps.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
(Sec. 1001) Permits DOD to make transfers between amounts authorized for FY2016 in division A of this bill, subject to specified limitations and a congressional notification requirement.
(Sec. 1002) Requires DOD to work with the Federal Accounting Standards Advisory Board to establish accounting standards to value large and unordinary general property, plant, and equipment items.
(Sec. 1003) Requires DOD to submit to Congress a report ranking all military departments and defense agencies in order of how advanced they are in achieving auditable financial statements as required by law.
(Sec. 1004) Expresses the sense of the Congress on the negative impact that the statutory budget caps on discretionary spending are having on DOD and U.S. national security, as well as the need for bipartisan legislation to adjust the caps.
(Sec. 1005) Requires the DOD Inspector General to fulfill its statutory audit responsibilities to perform financial statement audits for the military departments and other designated DOD components by contracting with independent external auditors.
Subtitle B--Counter-Drug Activities
(Sec. 1011) Extends the authority of DOD to provide assistance to support the unified counterdrug and counterterrorism campaign of the government of Colombia.
(Sec. 1012) Extends the authority of DOD to provide additional support for counter-drug activities of certain foreign governments and adds Kenya and Tanzania to the countries eligible to receive assistance. Sets forth reporting requirements.
(Sec. 1013) Expresses the Sense of Congress that the United States should, to the extent practicable, prioritize efforts to address the challenges to regional security in Central America.
Subtitle C--Naval Vessels and Shipyards
(Sec. 1021) Requires the annual naval vessel construction plan to include the estimated levels of annual funding necessary to carry out the program by ship class in both graphical and tabular form.
(Sec. 1022) Expands the authority of the Navy to use the National Sea-Based Deterrence Fund to include incremental funding authority, economic order quantity contract authority, advance construction authority, and transfer authority from any DOD appropriation.
(Sec. 1023) Extends the authority of DOD to use Navy operation and maintenance accounts to fund the cost of meals on U.S. naval and naval auxiliary vessels for non-military personnel.
(Sec. 1024) Prohibits the retirement, preparation for retirement, inactivation, or placement in storage of any Ticonderoga-class cruisers or Whidbey Island-class amphibious ships, except to allow the modernization and upgrades for those ships to continue in accordance with the plan required under current law.
(Sec. 1025) Prohibits the removal of ballistic missile capabilities from any of the Ticonderoga-class cruisers until the Navy certifies to Congress that it has: (1) obtained the ballistic missile capabilities required by the most recent Navy Force Structure Assessment, (2) determined to upgrade the cruisers with an equal or improved capability, or (3) obtained at least 40 large surface combatants with ballistic missile defense capability.
(Sec. 1026) Requires DOD to seek to enter into an agreement with a federally funded research and development center for an assessment of the anticipated future demands of the combat logistics force ships of the Navy and the challenges the ships may face when conducting and supporting future naval operations in contested maritime environments.
Subtitle D--Counterterrorism
(Sec. 1031) Prohibits the use of funds to transfer or release detainees at Guantanamo to or within the United States, its territories, or possessions.
(Sec. 1032) Prohibits DOD from using funds to modify or construct any facility in the United States, its territories, or possessions to house any detainee transferred from Guantanamo for the purposes of detention or imprisonment in the custody or under control of DOD.
(Sec. 1033) Prohibits DOD from using funds for the transfer or release of any individual detained at Guantanamo to Libya, Somalia, Syria, or Yemen.
(Sec. 1034) Prohibits DOD from using funds to transfer or release any individual detained at Guantanamo to the individual's country of origin or any other foreign country or entity, unless DOD provides a certification to Congress addressing specified requirements.
(Sec. 1035) Requires DOD to submit to Congress a strategy for the detention of current and future individuals captured and held pursuant to the Authorization for Use of Military Force pending the end of hostilities.
(Sec. 1036) Prohibits the use of funds to: (1) close or abandon Guantanamo, (2) relinquish control of Guantanamo to Cuba, or (3) implement a material modification to the 1934 Treaty Between the United States of America and Cuba that constructively closes Guantanamo.
(Sec. 1037) Requires DOD to submit to Congress a report including a list of the individuals detained at Guantanamo who have been determined or assessed by Joint Task Force Guantanamo to be a high-risk or medium-risk threat to the United States, its interests, or its allies.
(Sec. 1038) Amends the Supplemental Appropriations Act, 2009 to include in a required report on Guantanamo detainees a description of any information or discussion about planning for or conducting hostilities against the United States or its allies or partners, or information on the organizational, logistical, or resource needs or activities of any terrorist group.
(Sec. 1039) Requires the President to include in reports to Congress details regarding recidivism of individuals formerly detained at Guantanamo.
(Sec. 1040) Requires DOD and the Department of State to jointly submit to Congress a report describing the terms of any written agreement between the U.S. and the government of the foreign country concerned regarding each individual detained at Guantanamo who was transferred to a foreign country pursuant to a negotiated transfer.
(Sec. 1041) Requires DOD to report to Congress on the use by terrorist organizations of images and symbols relating to Guantanamo or any other DOD or Bureau of Prisons detention facility for recruitment and propaganda purposes.
(Sec. 1042) Makes permanent the authority of DOD to issue rewards for providing U.S. personnel or allied forces participating in a combined operation with information or nonlethal assistance that is beneficial to force protection or an operation or activity against international terrorism. Modifies reporting requirements for the rewards.
(Sec. 1043) Removes on December 31, 2017, an exemption of operations executed within the Islamic Republic of Afghanistan pursuant to the Authorization for Use of Military Force from congressional notification requirements for sensitive military operations.
(Sec. 1044) Modifies reporting requirements for funds related to programs for combating terrorism.
(Sec. 1045) Limits interrogation techniques to those that are authorized and listed in the Army Field Manual, with an exception for federal law enforcement officials.
Requires DOD to review and revise the Army Field Manual to ensure that it complies with the legal obligations of the United States and reflects practices for interrogation that do not involve the use or threat of force.
Requires the interagency body established pursuant to Executive Order 13491 (commonly known as the High-Value Detainee Interrogation Group) to report to DOD and other specified agencies on best practices for interrogation that do not involve the use of force.
Requires the head of any U.S. department or agency to provide the International Committee of the Red Cross with access to detainees.
Subtitle E--Miscellaneous Authorities and Limitations
(Sec. 1051) Requires DOD to create a website providing information on property transferred under the DOD excess property program. Establishes eligibility requirements that must be met prior to transferring certain types of property to recipients. Requires a federally funded research and development center, the GAO, and DOD to review program objectives, efficacy, and training requirements.
(Sec. 1052) Permits DOD to sell or donate excess personal property to federal or state agencies for border security activities.
(Sec. 1053) Requires DOD to convert at least 20% of the general administration, clerical, and office service occupation positions identified in a specified report from military technician (dual status) positions to civilian positions. Phases in the termination of military technician (non-dual status) positions. Sets forth reporting requirements.
(Sec. 1054) Limits the transfer of certain AH-64 Apache helicopters from the Army National Guard to the regular Army or the reduction of related personnel levels before June 30, 2016.
(Sec. 1055) Authorizes DOD to provide training to personnel of foreign ministries of defense or regional organizations with security missions for the purpose of: (1) enhancing civilian oversight; (2) establishing responsible defense governance and internal controls; (3) assessing and addressing organizational weaknesses; and (4) enhancing ministerial, general or joint staff, service level core competencies.
(Sec. 1056) Requires DOD to carry out a series of technology demonstrations to assess innovative new technologies for information operations and information engagement to support the operational and strategic requirements of the commanders of the geographic and functional combatant commands.
(Sec. 1057) Prohibits the Navy from using FY2016 funds to retire, prepare to retire, transfer, or place in storage any Helicopter Sea Combat Squadron 84 (HSC-84) or Helicopter Sea Combat Squadron 85 (HSC-85) aircraft or to change the manning levels of the squadrons. Permits a waiver if the Secretary of the Navy certifies that he has conducted a cost-benefit analysis identifying savings to DOD and has identified a replacement capability to meet all operational requirements.
(Sec. 1058) Prohibits the use of funds for the destruction of anti-personnel landmines of the United States until specified conditions are met. Includes an exception for any anti-personnel land mine that has become unsafe or poses a safety risk if not demilitarized or destroyed.
(Sec. 1059) Authorizes DOD to provide assistance to U.S. Customs and Border Protection to increase ongoing efforts to secure the southern land border of the United States, subject to the concurrence of the Department of Homeland Security.
Subtitle F--Studies and Reports
(Sec. 1060) Requires DOD to include in the annual budget submission a report to Congress containing summaries of the defense planning guidance and contingency planning guidance
(Sec. 1061) Exempts meetings of the National Commission on the Future of the Army from specified requirements of the Federal Advisory Committee Act, unless the meetings are attended by five or more members of the Commission.
(Sec. 1062) Amends the National Nuclear Security Administration Act to provide GAO with additional time to complete a required report on the NNSA budget request.
Amends the National Defense Authorization Act for Fiscal Year 2010 to eliminate a requirement for GAO to conduct a final review of all projects carried out by the Department of Energy's Office of Environmental Management using American Recovery and Reinvestment Act of 2009 funds.
(Sec. 1063) Requires DOD to report to Congress on plans for implementing the geographically distributed force laydown in the area of responsibility of U.S. Pacific Command.
(Sec. 1064) Requires DOD to contract with an independent research entity to carry out a study of the DOD national security strategy formulation process.
(Sec. 1065) Requires DOD to submit to Congress a report addressing the suitability of existing capabilities to detect, identify, and disable remotely piloted aircraft operating within special use and restricted airspace.
(Sec. 1066) Requires the Air Force to submit to Congress a report addressing the immediate and critical training and operational needs of the remotely piloted aircraft community.
(Sec. 1067) Directs DOD to commission and submit to Congress three independent studies of alternative future fleet platform architectures for the Navy in the 2030 timeframe.
(Sec. 1068) Requires DOD to submit to Congress an updated military strategy for the protection of U.S. national security interests in the Arctic region.
(Sec. 1069) Requires the GAO to report on VA administration and oversight of contracts for the design and construction of major medical facility projects.
(Sec. 1070) Requires DOD to annually submit specified munitions assessments to Congress.
(Sec. 1071) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to jointly conduct and brief Congress on a comprehensive assessment of potential roles for U.S. ground forces in the western Pacific in cooperation with host nations to deter and defeat aggression in the western Pacific region.
(Sec. 1072) Repeals or revises specified reporting requirements related to military personnel issues.
(Sec. 1073) Repeals or revises specified reporting requirements related to readiness.
(Sec. 1074) Repeals or revises specified reporting requirements related to Naval vessels and the Merchant Marine.
(Sec. 1075) Repeals or revises specified reporting requirements related to civilian personnel.
(Sec. 1076) Repeals or revises specified reporting requirements related to nuclear proliferation and related matters.
(Sec. 1077 Repeals or revises specified reporting requirements related to acquisition.
(Sec. 1078) Repeals or revises specified reporting requirements related to technological maturity and integration risk of critical technologies, systems engineering, the Defense Advanced Research Projects Agency (DARPA), and the Navy Next Generation Enterprise Networks Program.
(Sec. 1079) Eliminates specified reporting requirements.
(Sec. 1080) Eliminates requirements for specified recurring reports.
Subtitle G--Other Matters
(Sec. 1081) Makes technical and clerical amendments to existing laws.
(Sec. 1082) Specifies procedures, requirements, and limitations that apply when members of the Armed Forces provide support to civilian law enforcement agencies during situations involving bombings of places of public use, government facilities, public transportation systems, and infrastructure facilities.
(Sec. 1083) Requires DOD to establish an executive agent for and report to Congress on the oversight and management of alternative compensatory control measures.
(Sec. 1084) Eliminates a requirement for the Navy to make funds available annually to support the Ocean Research Advisory Panel.
(Sec. 1085) Requires DOD to include with the annual budget submission specified details regarding the level of readiness of Civil Reserve Air Fleet carriers.
(Sec. 1086) Requires DOD to develop and report to Congress on specified plans and schedules related to personnel security, insider threat detection and prevention, and physical security.
Requires DOD to define physical and logical access standards, capabilities, and processes applicable to all personnel with access to DOD installations and information technology systems.
Requires the Office of Management and Budget to: (1) develop a capability to share and apply electronic identity information across the government, (2) develop investigative and adjudicative standards for the reevaluation of the eligibility of an individual to retain credentials, and (3) formalize the Security, Suitability, and Credentialing Line of Business.
Requires the Performance Accountability Council to ensure that: (1) a centralized system is available to serve as the reciprocity management system for the federal government; and (2) the system is aligned with, and incorporates results from, continuous evaluation and other enterprise reform initiatives.
Revises the requirements for criminal justice agencies to provide agencies with access to criminal history records for national security and other purposes.
(Sec. 1087) Authorizes DOD to transfer certain surplus firearms, spare parts, and related accessories to the Corporation for the Promotion of Rifle Practice and Firearms Safety, also known as the Civilian Marksmanship Program.
(Sec. 1088) Modifies specified administrative requirements for transferring aircraft from the Reserve Components to the Active Components of the Air Force.
(Sec. 1089) Reestablishes the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack and sets forth requirements for membership, the purpose, and duties.
(Sec. 1090) Requires the Navy to submit a mine countermeasures master plan to Congress with the annual budget submission for each fiscal year from FY2018-FY2023.
(Sec. 1091) Requires DOD and the Department of State to notify and brief Congress as soon as practicable upon the initiation of an ordered evacuation of a U.S. embassy or consulate involving support provided by DOD.
(Sec. 1092) Requires the President to designate an existing federal officer as the Interagency Hostage Recovery Coordinator to coordinate efforts to secure the release of U.S. persons who are hostages of hostile groups or state sponsors of terrorism. Specifies duties, reporting requirements, and limitations on authority for the position.
(Sec. 1093) Expresses the sense of the Congress regarding the accidental transfer of live anthrax from an Army laboratory to other laboratories and the measures that DOD should take to prevent a reoccurrence.
(Sec. 1094) Modifies the requirements for the amount of usable space and the length of the lease for a major medical facility lease for a VA outpatient clinic in Tulsa, Oklahoma.
(Sec. 1095) Authorizes the VA to carry out specified major medical facility projects in FY2015. Authorizes appropriations and limits funding for each project.
(Sec. 1096) Requires the VA to enter into an agreement with the Army Corps of Engineers or another entity of the federal government to serve, on a reimbursable basis, as the construction agent for the construction, alteration, or acquisition of medical facilities of the VA when total expenditures exceed $100 million.
(Sec. 1097) Requires DOD to develop a strategy to counter unconventional warfare threats posed by adversarial state and non-state actors.
TITLE XI--CIVILIAN PERSONNEL MATTERS
(Sec. 1101) Requires DOD to establish procedures for using performance as the primary factor for determining which employees should be separated from employment during any reduction in force for civilian positions.
Expresses the sense of Congress that DOD should proceed with the collaborative work with employee representatives on the "New Beginnings" performance management and workforce incentive system and begin implementing the new system at the earliest possible date.
(Sec. 1102) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend the authority for federal agencies to grant allowances, benefits, and gratuities comparable to those provided to members of the foreign service to an agency's civilian employees on official duty in a combat zone.
(Sec. 1103) Extends the authority for overtime pay for Navy employees assigned to temporary duty to perform work aboard or dockside in direct support of the nuclear aircraft carrier that is forward deployed in Japan.
(Sec. 1104) Permits the noncompetitive conversion of students that have graduated from an applicable institution of higher education to a permanent appointment. Increases the limit on the number of appointments allowable in a calendar year.
(Sec. 1105) Establishes a required two-year probationary period for new DOD employees and permits service secretaries to extend the probationary period.
(Sec. 1106) Authorizes DOD to delay periodic step increases in salary for civilian DOD employees based on unacceptable performance.
(Sec. 1107) Provides enhanced hiring and retention authorities to DOD for civilians on the staff of the U.S. Cyber Command (CYBERCOM) and the elements of the CYBERCOM components of the armed services.
(Sec. 1108) Extends the authority to waive limitations on pay of certain employees who perform work in overseas locations.
(Sec. 1109) Requires DOD to carry out a pilot program to assess the use of authorities such as flexible length and renewable term technical appointments, reemployment of annuitants, early retirement incentives, and separation incentive pay to improve the technical skills and expertise at certain DOD laboratories.
(Sec. 1110) Authorizes DOD to carry out a pilot program to assess the temporary exchange of financial management and acquisition personnel with nontraditional defense contractors (commercial companies who either do not do business with DOD or do so exclusively through commercial terms and conditions).
(Sec. 1111) Authorizes DOD to carry out a pilot program to assess using a higher level of pay to attract and retain high quality acquisition and technology experts in positions responsible for management and developing complex, high cost, technological acquisition efforts of DOD.
(Sec. 1112) Requires DOD to carry out a pilot program for the service acquisition executives of each military department to directly appoint qualified veteran candidates to scientific, technical, engineering, and mathematics positions in the defense acquisition activities.
(Sec. 1113) Authorizes the service secretaries of each military department to directly appoint qualified candidates with a scientific or engineering degree to scientific and engineering positions within the defense acquisition workforce.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
(Sec. 1201) Extends the authority for DOD to provide supplies, services, transportation, and other logistical support to coalition forces supporting U.S. operations in Iraq and Afghanistan.
(Sec. 1202) Requires DOD, in coordination with the Department of State, to develop a strategic framework for DOD security cooperation to guide prioritization of resources and activities.
(Sec. 1203) Redesignates the National Guard State Partnership Program as the Department of Defense State Partnership Program. Extends and modifies the program. Requires DOD to report to Congress on the feasibility and advisability of establishing a central fund for the program and recommend legislation if a central fund is found to be feasible and advisable.
(Sec. 1204) Extends the authorization for non-reciprocal exchanges of defense personnel between the United States and foreign countries.
(Sec. 1205) Permits specified funds to be used to monitor and evaluate DOD overseas humanitarian, disaster, and civic aid programs. Requires DOD to brief Congress on mechanisms to evaluate the programs.
(Sec. 1206) Extends funding limitations for DOD's authority to build the capacity of foreign security forces.
(Sec. 1207) Authorizes DOD, in coordination with the Department of State, to provide, on a non-reimbursable basis, logistic support, supplies, and services to the national military forces of an allied country conducting counterterrorism operations in Africa if DOD determines that the support is: (1) in the national security interests of the United States, and (2) critical to the timely and effective participation of the national military forces in the operations.
(Sec. 1208) Requires DOD to report to Congress on training provided to foreign military intelligence units.
(Sec. 1209) Prohibits DOD from providing security assistance to an entity in Yemen controlled by members of the Houthi movement unless DOD determines that the assistance is important to the national security interests of the United States.
Subtitle B--Matters Relating to Afghanistan and Pakistan
(Sec. 1211) Extends and modifies the authorization of appropriations for the Commanders' Emergency Response Program in Afghanistan. Authorizes payments to redress injury and loss in Iraq.
(Sec. 1212) Extends and modifies the authority for reimbursement of coalition nations for support provided to the United States for military operations in Afghanistan.
Extends the requirement for DOD to: (1) notify Congress prior to making any reimbursement to Pakistan, of any logistical, military, or other support that Pakistan provides to the United States; and (2) certify, prior to providing reimbursement, that Pakistan has met specified requirements.
Limits reimbursements that may be made to Pakistan until DOD certifies to Congress that Pakistan has met specified conditions.
(Sec. 1213) Requires the semiannual report on enhancing security and stability in Afghanistan to include an assessment of the risks to the mission in Afghanistan associated with any drawdown of U.S. forces that occurred during the period covered by the report.
(Sec. 1214) Extends the authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
(Sec. 1215) Extends the authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. Extends the quarterly reporting requirement for this authority. Provides that excess defense articles transferred from DOD stocks to the military and security forces of Afghanistan will not be subject to specified authorities and limitations in the Foreign Assistance Act of 1961.
(Sec. 1216) Modifies the Afghan Special Immigrant Visa program to require at least two years of service for petitions submitted after September 30, 2015. (The program applies to translators and interpreters working for the U.S. military and who meet certain requirements.)
Subtitle C--Matters Relating to Syria and Iraq
(Sec. 1221) Extends the authority to support operations and activities of the Office of Security Cooperation in Iraq and modifies reporting requirements.
(Sec. 1222) Requires DOD and the Department of State to jointly submit to Congress a strategy for the Middle East and to counter violent extremism.
(Sec. 1223) Modifies the authority and reporting requirements for providing assistance to counter the Islamic State of Iraq and the Levant (ISIL).
(Sec. 1224) Requires DOD to submit to Congress a report on U.S. Armed Forces deployed in support of Operation Inherent Resolve (operations in Iraq and Syria against the Islamic State of Iraq and the Levant or ISIL).
(Sec. 1225) Sets forth reporting requirements regarding support provided to vetted elements of the Syrian opposition. Requires DOD to submit to Congress a strategy for Syria.
(Sec. 1226) Authorizes DOD to provide assistance on a reimbursement basis to the governments of Jordan and Lebanon for border security operations.
(Sec. 1227) Expresses the sense of Congress regarding the security and protection of Iranian dissidents living in Camp Liberty, Iraq.
Subtitle D--Matters Relating to Iran
(Sec. 1231) Extends and modifies the requirement for an annual report on the military power of Iran.
(Sec. 1232) Expresses the sense of Congress that Iran continues to conduct malign activities and sponsorship of terrorism, and that the United States should continue to enhance the region's security architecture, build partner capacity to respond to external aggression, and increase interoperability with regional security forces.
(Sec. 1233) Requires DOD to submit to Congress a report on military-to-military engagements with Iraq.
(Sec. 1234) Requires DOD to submit to Congress a report summarizing any agreement that provides security commitments by the United States to any country in the Middle East, including the member countries of the Gulf Cooperation Council.
Requires the Chairman of the Joint Chiefs of Staff to provide the Secretary of Defense with an analysis of the U.S. military force structure and posture required to meet any current agreement that provides security commitments in the Middle East.
(Sec. 1235) Provides that nothing in this bill authorizes the use of force against Iran.
Subtitle E--Matters Relating to the Russian Federation
(Sec. 1241) Requires DOD to notify Congress within seven days of determining that the Russian Federation has tested, initially deployed, or sold or transferred to another state or non-state actor the Club-K cruise missile system.
Requires the Chairman of the Joint Chiefs of Staff to include options for responding to the Club-K cruise missile threat in current military planning.(Sec. 1242) Requires DOD to notify Congress within seven days of determining that the Russian Federation has deployed nuclear weapons onto the territory of Ukraine or the Russian territory of Kaliningrad.
Requires the Chairman of the Joint Chiefs of Staff to include in current planning options for responding to the military threat posed by the Russian Federation deploying nuclear weapons into the territory of Ukraine and Kaliningrad, including opportunities for allied cooperation.
(Sec. 1243) Requires the President to notify Congress regarding Russia's continued violation of or compliance with the Treaty on Intermediate-range Nuclear Forces (INF). Requires DOD to submit reports to Congress on the status of discussions with allies regarding Russia's violation of the INF Treaty. Requires the President, if Russia has not begun to return to full compliance with the INF treaty, to begin developing counterforce and countervailing capabilities and report to Congress on development and deployment.
(Sec. 1244) Extends from 30 to 90 days the time period by which the President must notify Congress after the Russian Federation submits a proposal to modify or introduce a new aircraft or sensor under the Open Skies Treaty. Requires the views of any relevant combatant commander to be provided in the assessment of the national security implications of any new aircraft or sensor proposed to be deployed by the Russian Federation under the Treaty.
Limits the availability of FY2016 funds for arms control implementation until DOD submits to Congress a report describing any meetings of the Open Skies Consultative Commission during the prior year, a description of any agreements entered into during the meetings, and a description of future year proposals for modification to aircraft sensors that will be subject to the Open Skies Treaty.(Sec. 1245) Prohibits FY2016 funds from being used to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea. Permits DOD to waive the prohibition by certifying to Congress that is in the national interest.
(Sec. 1246) Prohibits FY2016 funds from being used for bilateral military-to-military cooperation between the governments of the United States and the Russian Federation until DOD certifies to that the Russian Federation has: (1) 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) is abiding by the terms of and taking steps in support of the Minsk Protocols regarding a ceasefire in eastern Ukraine.
(Sec. 1247) Requires DOD to submit to Congress a report explaining the reasons that the continued implementation of the New START Treaty is in the national security interests of the United States.
(Sec. 1248) Requires the annual report on military matters and security developments involving Russia to include: (1) an assessment of the force structure and capabilities of Russian military forces stationed in the Arctic region, Kaliningrad, and Crimea; (2) an assessment of the Russian military strategy and objectives in the Arctic region; and (3) a description of the status of testing, production, deployment, and sale or transfer to other states or non-state actors of the Club-K cruise missile system by the Russian Federation.
(Sec. 1249) Requires DOD to submit to Congress an assessment of alternative capabilities to procure and sustain nonstandard rotary wing aircraft that are historically acquired through or are reliant on Rosoboronexport.
(Sec. 1250) Authorizes DOD to provide security assistance and intelligence support to military and other security forces of the government of Ukraine.
(Sec. 1251) Authorizes DOD to conduct training for Eastern European military forces in the course of multilateral exercises.
Subtitle F--Matters Relating to the Asia-Pacific Region
(Sec. 1261) Requires the President to: (1) develop an overall strategy to promote U.S. interests in the Indo-Asia-Pacific region, (2) issue a Presidential Policy Directive to relevant departments and agencies that implements the strategy, and (3) include in the budget submission a description of how the programs and projects funded in the request align with the strategy.
(Sec. 1262) Requires DOD to submit to Congress a copy of the policy regarding foreign disclosure or technology release of Aegis Ashore capability to Japan.
(Sec. 1263) Authorizes DOD, with the concurrence of the Department of State, to provide equipment, supplies, and training to national military or other security forces of foreign countries along the South China Sea (Indonesia, Malaysia, the Philippines, Thailand, and Vietnam) for the purpose of increasing maritime security and maritime domain awareness.
Subtitle G--Other Matters
(Sec. 1271) Extends and modifies the authority of DOD to develop, manage, and execute a Non-Conventional Assisted Recovery personnel recovery program for isolated DOD, U.S. government, and other designated personnel supporting U.S. national interests worldwide.
Designates the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict as the primary civilian within DOD with oversight responsibilities for the activities.
Authorizes the use of specified O&M appropriations for the program.
(Sec. 1272) Amends the Arms Control and Disarmament Act to revise the requirements for the annual report on arms control compliance (also known as the Report on Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments).
(Sec. 1273) Extends the authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.
(Sec. 1274) Amends the authority for support of special operations to combat terrorism to increase the annual cap on the authority and add congressional notification requirements.
(Sec. 1275) Prohibits funds from being used to support the implementation of the Arms Trade Treaty until the Senate ratifies the Treaty and implementing legislation has been enacted.
(Sec. 1276) Requires DOD and the State Department to jointly submit to Congress a report on the security relationship between the United States and the Republic of Cyprus.
(Sec. 1277) Expresses the sense of Congress regarding European defense, the future of the North Atlantic Treaty Organization (NATO), and initiatives to expand NATO.
(Sec. 1278) Requires DOD to brief Congress on the risks and benefits of the sale of fighter aircraft to Qatar pursuant to the July 2013 Letter of Request from the government of Qatar.
(Sec. 1279) Authorizes DOD to carry out research, development, test, and evaluation jointly with Israel to establish anti-tunnel capabilities to detect, map, and neutralize underground tunnels that threaten the United States or Israel.
Requires DOD, prior to carrying out the activities, to submit a report and certification to Congress regarding a memorandum of agreement between the United States and Israel addressing the sharing of costs, a framework for negotiating the rights to intellectual property developed, and reports on expenditures.
Authorizes DOD to provide procurement, maintenance, and sustainment assistance to Israel in support of the anti-tunnel capabilities research, development, test, and evaluation activities authorized in this section if Israel matches the contribution.
Requires DOD to designate a research and development entity of a military department as the lead agency in carrying out this section.
(Sec. 1280) Extends the authority for the North Atlantic Treaty Organization Special Operations Headquarters.
(Sec. 1281) Requires DOD to report to Congress on options for expanding the presence of U.S. ground forces of the size of a Brigade Combat Team in Eastern Europe to respond to the security challenges posed by Russia and increase the combat capability of forces able to respond to unconventional or hybrid warfare tactics such as those used by the Russian Federation in Crimea and Eastern Ukraine.
TITLE XIII--COOPERATIVE THREAT REDUCTION
(Sec. 1301) Specifies the Cooperative Threat Reduction (CTR) programs and authorizations of appropriations included in this bill and authorizes CTR funds to be available for obligation for FY2016-FY2018.
(Sec. 1302) Allocates authorizations of appropriations of funds for the CTR program in FY2016.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
(Sec. 1401) Authorizes appropriations for Defense Working Capital Funds at the levels identified in section 4501.
(Sec. 1402) Authorizes appropriations for the National Defense Sealift Fund at the levels identified in section 4501.
(Sec. 1403) Authorizes appropriations for Chemical Agents and Munitions Destruction--Defense at the levels identified in section 4501.
(Sec. 1404) Authorizes appropriations for Drug Interdiction and Counter-Drug Activities--Defense-Wide at the levels identified in section 4501.
(Sec. 1405) Authorizes appropriations for the Office of the Inspector General of DOD at the levels identified in section 4501.
(Sec. 1406) Authorizes appropriations for the Defense Health Program at the levels identified in section 4501.
(Sec. 1407) Authorizes appropriations for National Sea-Based Deterrence Fund at the levels identified in section 4501.
Subtitle B--National Defense Stockpile
(Sec. 1411) Extends the date for completion of destruction of the existing stockpile of lethal chemical agents and munitions.
Subtitle C--Working-Capital Funds
(Sec. 1421) Provides that DOD may not cease funding current projects being completed by indirectly funded government employees of DOD who are paid out of working-capital funds unless: (1) the fund is insolvent, or (2) there are insufficient funds in the fund to pay the labor costs for the project concerned.
(Sec. 1422) Establishes a reserve account within the Defense Working Capital Fund to provide fund managers a contingency account for sudden fluctuations in market rates for petroleum.
Subtitle D--Other Matters
(Sec. 1431) Authorizes DOD to transfer funds from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the Captain James A. Lovell Health Care Center.
(Sec. 1432) Authorizes appropriations for the Armed Forces Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
(Sec. 1501) Provides that that the purpose of this title is to authorize FY2016 appropriations to provide additional funds for: (1) for overseas contingency operations being carried out by the Armed Forces, (2) operation and maintenance expenses not otherwise provided for, and (3) to support base budget requirements.
(Sec. 1502) Authorizes additional appropriations for Procurement at the levels identified in section 4102.
(Sec. 1503) Authorizes additional appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4202.
(Sec. 1504) Authorizes additional appropriations for Operation and Maintenance programs at the levels identified in sections 4302 and 4303.
(Sec. 1505) Authorizes additional appropriations for Military Personnel at the levels identified in section 4402.
(Sec. 1506) Authorizes additional appropriations for Defense Working Capital Funds at the levels identified in section 4502.
(Sec. 1507) Authorizes additional appropriations for Drug Interdiction and Counter-Drug Activities-- Defense-Wide at the level identified in section 4502.
(Sec. 1508) Authorizes additional appropriations for the Office of the Inspector General at the levels identified in section 4502.
(Sec. 1509) Authorizes additional appropriations for the Defense Health Program at the levels identified in section 4502.
(Sec. 1510) Authorizes additional appropriations to remain available through FY2017 for the Counterterrorism Partnerships Fund at the levels identified in section 4502.
Subtitle B--Financial Matters
(Sec. 1521) Provides that appropriations authorized by this title are in addition to amounts otherwise authorized to be appropriated by this bill.
(Sec. 1522) Authorizes the transfer of up to $3.5 billion of the FY2016 authorizations included in this title among other FY2016 authorizations, subject to the requirements and restrictions included in section 1001 of this bill.
Subtitle C--Limitations, Reports, and Other Matters
(Sec. 1531) Continues the existing limitation and restrictions on the use of funds in the Afghanistan Security Forces Fund (ASFF) for FY2016. Requires specified funds from the ASFF to be used to support, to the extent practicable, the efforts of the government of Afghanistan to promote the security of Afghan women and girls. Requires DOD to submit to Congress a plan to promote the security of Afghan women.
(Sec. 1532) Authorizes the Joint Improvised Explosive Device (IED) Defeat Fund to permit DOD to investigate, develop, and provide training, equipment, supplies, and services, to assist in the defeat of improvised explosive devices for operations in Afghanistan, Iraq, Syria, and other operations or military missions designated by DOD.
Prohibits the transition of the Joint IED Defeat Organization to a combat support agency. Requires DOD to submit to Congress a plan for the Joint IED Defeat Organization to be transitioned to an office under the authority, direction, and control of an executive agent by September 30, 2016. Prohibits DOD from using funds in the Joint IED Defeat Fund after FY2016 if the transition is not complete.
(Sec. 1533) Authorizes DOD to use specified Joint Improvised Explosive Device Defeat Fund appropriations to fund training activities for foreign security forces to defeat improvised explosive devices.
(Sec. 1534) Requires the GAO to report on the use of funds provided for operation and maintenance, as specified in the funding table in section 4303.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
(Sec. 1601) Requires DOD to establish and report to Congress on a unified major force program for national security space programs to prioritize national security space activities in accordance with the requirements of DOD and national security. Requires DOD to include in the annual budget submission a report on the budget for national security space programs.
(Sec. 1602) Requires DOD to designate an individual to serve as the Principal Space Control Advisor.
(Sec. 1603) Establishes a council to oversee the DOD positioning, navigation, and timing enterprise, including services provided to civil, commercial, scientific, and international users.
(Sec. 1604) Modifies requirements for the development of a unified space and technology strategy to remove specified directions for the elements of the strategy, coordination, and reporting requirements.
(Sec. 1605) Limits the delegation of waiver authority regarding the purchase of global positioning user equipment to a level no lower than the Secretaries of the military departments or the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(Sec. 1606) Requires DOD to use and brief Congress on a streamlined acquisition approach for the rocket propulsion system development program. Requires the approach to include tailored documentation and review processes. Provides that funds authorized for the rocket propulsion system may be used only for the development of the system, and the necessary interfaces to, or integration of, the launch vehicle, to replace non-allied space launch engines by 2019.
(Sec. 1607) Creates exceptions to the prohibition on contracting with Russian suppliers of rocket engines for the Evolved Expendable Launch Vehicle (EELV) program.
(Sec. 1608) Requires the Air Force to discontinue the currently structured EELV launch capability arrangement by no later than December 31, 2019, for existing contracts using rocket engines designed or manufactured in the Russian Federation and no later than December 31, 2020 for existing contracts using domestic rocket engines. Permits a national security waiver if Congress is notified.
Requires the Air Force to: (1) apply consistent and appropriate standards to certified EELV providers with respect to certified cost and pricing data, and conduct audits; and (2) develop and carry out a 10-year phased acquisition strategy for the EELV program that meets specified criteria.
(Sec. 1609) Requires the OMB to submit with the budgets for fiscal years 2017, 2018, and 2019: (1) a certification that the cost share between the Air Force and the National Reconnaissance Office (NRO) for the EELV launch capability program equitably reflects the appropriate allocation of funding for the Air Force and the NRO based on the launch schedule and national mission forecast, and (2) sufficient rationale to justify the cost share.
(Sec. 1610) Requires DOD to: (1) submit a plan for the consolidation of the acquisition of wideband satellite communications, (2) identify and designate a single acquisition agent, (3) and implement the consolidation plan. Permits DOD to forgo implementation if it will require significant additional funding or is not in the interests of national security.
(Sec. 1611) Requires DOD to analyze and report to Congress on alternatives for a follow-on wide-band communications system to the Wideband Global SATCOM System that includes space, air, and ground layer communications capabilities of DOD.
(Sec. 1612) Modifies the goals and requirements for the pilot program for the acquisition of commercial satellite communication services.
(Sec. 1613) Requires the President to establish an interagency process to develop a policy to deter adversaries in space.
(Sec. 1614) Prohibits DOD from relying on space-based weather data for national security purposes, if the data is provided by the governments of China or Russia or entities controlled by those governments. Requires DOD to certify to Congress that it is in compliance with this prohibition.
(Sec. 1615) Prohibits the use of specified RDT&E funds for the weather satellite follow-on system until: (1) DOD briefs Congress on a plan to address DOD requirements for cloud characterization and theater weather imagery, and (2) the Chairman of the Joint Chiefs of Staff certifies to Congress that the plan will meet the requirements and not negatively affect the commanders of the combatant commands.
(Sec. 1616) Restricts the use of funds for the Defense Meteorological Satellite Program or the launch of Defense Meteorological Satellite Program satellite #20 until the Secretary of Defense and the Chairman of the Joint Chiefs of Staff jointly certify to Congress that the program meets specified criteria.
(Sec. 1617) Directs the Department of Transportation, in consultation with other appropriate agencies and the commercial space sector, to report annually to Congress on actions taken to remove duplication and minimize inconsistencies across the federal government for commercial space launch requirements and approval.
(Sec. 1618) Requires the Commander of the U.S. Strategic Command and the Director of Cost Assessment and Program Evaluation to jointly submit to Congress a plan for the integration of overhead persistent infrared capabilities to support specified DOD missions.
(Sec. 1619) Requires DOD to evaluate and brief Congress on options for the use of current DOD assets for the purpose of rapid reconstitution of critical space-based warfighter enabling capabilities.
(Sec. 1620) Requires the Commander, U.S. Strategic Command and the Commander, U.S. Northern Command to conduct and submit to Congress an evaluation of the space-based infrared system to detect, track, and target, or to develop the capability to detect, track, and target, threats to the United States, deployed members of the Armed Forces, and allies.
(Sec. 1621) Requires the Air Force to submit quarterly reports to the GAO on the Global Positioning System III space segment, the Global Positioning System operational control segment, and the Military Global Positioning System user equipment acquisition programs.
(Sec. 1622) Expresses the sense of Congress that a robust multi-mission space sensor network will be vital to ensuring a strong missile defense system.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
(Sec. 1631) Requires DOD to designate a senior official to act as an executive agent for open source intelligence tools.
(Sec. 1632) Modifies the waiver and congressional notification requirements regarding maintenance and repair of facilities for intelligence collection and for special operations abroad.
(Sec. 1633) Prohibits the use of funds to: (1) separate the National Intelligence Program budget from the DOD budget, (2) consolidate the National Intelligence Program budget within the DOD budget, or (3) establish a new appropriations account or account structure for the National Intelligence Program budget.
(Sec. 1634) Limits the availability of funds for the Office of the Under Secretary of Defense for Intelligence until DOD identifies the intelligence gaps and establishes the written policy required by the National Defense Authorization Act for Fiscal Year 2014.
(Sec. 1635) Requires the Director of National Intelligence to submit to Congress a report on how the Director ensures that National Intelligence Program budgets for the elements of the intelligence community within DOD are adequate to satisfy the national intelligence needs of DOD as required under the National Security Act of 1947.
(Sec. 1636) Requires the Under Secretary of Defense for Intelligence to submit to Congress a report on the management of science and technology research and development programs and foreign materiel exploitation programs of DOD intelligence elements.
(Sec. 1637) Requires the Air Force to report to Congress on the feasibility of using the Air National Guard in association with the active duty Air Force to operate and maintain the RQ-4 Global Hawk.
(Sec. 1638) Requires the GAO to review the processes and procedures for the integration of intelligence into the defense acquisition process.
Subtitle C--Cyberspace-Related Matters
(Sec. 1641) Codifies and amends requirements for contractors to report to DOD on cyber incidents and penetrations of networks and information systems. Provides liability protection for covered contractors reporting cyber incidents to DOD using the required procedures.
(Sec. 1642) Authorizes DOD to develop, prepare, coordinate, and to conduct (when appropriately authorized to do so) a military cyber operation in response to malicious cyber activity carried out against the United States by a foreign power.
(Sec. 1643) Limits the use of unobligated balances of DOD appropriations to provide support services to the Executive Office of the President until the President submits a required report including an interagency process for the development of an integrated policy to deter adversaries in cyberspace.
(Sec. 1644) Authorizes specified unobligated balances of appropriations to the Army to be used for procurement of a relocatable Sensitive Compartmented Information Facility for the Cyber Center of Excellence at Fort Gordon, Georgia.
(Sec. 1645) Requires DOD to designate a DOD entity to be responsible for the acquisition of certain critical cyber capabilities.
(Sec. 1646) Requires the Chairman of the Joint Chiefs of Staff, in consultation with the Principal Cyber Advisor, to conduct and report to Congress on a series of war games to assess the strategy, assumptions, and capabilities of the U.S. Cyber Command to prevent large-scale cyber-attacks by foreign powers.
(Sec. 1647) Requires DOD to: (1) evaluate the cyber vulnerabilities of every major weapons system after submitting a plan to Congress for the evaluation, and (2) develop strategies for mitigating the risks of cyber vulnerabilities to major weapons systems. Authorizes appropriations for the evaluation.
(Sec. 1648) Requires DOD to: (1) develop a comprehensive plan for the US. Cyber Command to support civil authorities in responding to cyber-attacks by foreign powers against the United States, and (2) conduct biennial exercises on responding to cyber-attacks against critical infrastructure.
(Sec. 1649) Expresses the sense of Congress that DOD should review and consider any findings and recommendations of the Council of Governors pertaining to cyber capabilities of the Armed Forces.
Subtitle D--Nuclear Forces
(Sec. 1651) Requires the Council on Oversight of the National Leadership Command, Control, and Communications System to collect and assess all reports and assessments conducted by the Intelligence Community regarding foreign threats to the command, control, and communications system for the national leadership of the United States and the vulnerabilities of the system to the threats.
(Sec. 1652) Requires the Chief of Staff of the Air Force to: (1) oversee the safety, security, effectiveness, and credibility of the nuclear deterrence mission, and (2) designate a Deputy Chief of Staff to carry out specified duties related to the nuclear deterrence mission.
Expresses the sense of the Congress that the Secretary of the Air Force should consolidate, to the extent the Secretary determines appropriate, under a major command commanded by a single general officer the responsibility, authority, accountability, and resources for carrying out the nuclear deterrence mission.
Requires the Air Force to report to Congress on actions have been taken or are planned to reorganize, streamline, and clarify responsibilities, authorities, accountability, and resources for the nuclear deterrence mission.
(Sec. 1653) Authorizes specified Missile Procurement--Air Force funds to be used for the procurement of certain commercially available parts for intercontinental ballistic missile fuzes.
(Sec. 1654) Prohibits funds from being used for reducing the responsiveness or alert level of U.S. intercontinental ballistic missiles, with the exception of maintenance, safety, and security activities; and reductions for compliance with the New START treaty pursuant to the National Defense Authorization Act for Fiscal Year 2015.
(Sec. 1655) Directs the DOD Director of Net Assessment to assess the global security environment with respect to nuclear weapons and the role of U.S. nuclear forces, policy, and strategy in that environment.
(Sec. 1656) Requires DOD to brief Congress annually on the costs of forward-deploying nuclear weapons in Europe.
(Sec. 1657) Requires DOD to submit to Congress a report on the justification of the number of planned nuclear-armed cruise missiles, known as the long-range standoff weapon.
(Sec. 1658) Requires the GAO to review and brief Congress on DOD's approach for addressing recommendations in specified reports related to the Nuclear Security Enterprise.
(Sec. 1659) Expresses the sense of Congress on the activities of the Navy related to the nuclear deterrence mission.
(Sec. 1660) Expresses the sense of Congress on the nuclear force improvement programs of the Air Force.
(Sec. 1661) Expresses the sense of Congress on: (1) the importance of collaboration be the United States and the United Kingdom on nuclear issues, and (2) on the 60th anniversary of the Navy's Fleet Ballistic Missile Program.
(Sec. 1662) Expresses the sense of Congress that DOD should submit to Congress a plan for implementing the full recommendations of the two nuclear enterprise reviews conducted by the Air Force.
(Sec. 1663) Requires DOD to submit to Congress report on the outcome of the Milestone A decision for the long-range standoff weapon.
(Sec. 1664) Expresses the sense of Congress that retaining all three legs of the nuclear triad (heavy bomber aircraft, land-based intercontinental ballistic missiles, and ballistic missile submarines) is among the highest priorities of DOD and will best maintain strategic stability at a reasonable cost, while hedging against potential technical problems and vulnerabilities.
(Sec. 1665) Requires the Air Force to submit to Congress a report examining the costs associated with extending the life of the Minuteman III intercontinental ballistic missile compared to the costs associated with procuring a new ground based strategic deterrent.
Subtitle E--Missile Defense Programs and Other Matters
(Sec. 1671) Prohibits the use of funds to provide specified missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning.
(Sec. 1672) Prohibits DOD from using FY2016 or FY2017 funds to integrate a missile defense system of the Russian Federation into any missile defense system of the United States.
(Sec. 1673) Prohibits the use of funds to integrate a missile defense system of the People's Republic of China into any U.S. missile defense system.
(Sec. 1674) Prohibits funds from being used for specified components and capabilities of the Patriot air and missile defense program of the Army until: (1) an analysis of alternatives has been submitted to Congress; and (2) the Under Secretary of Defense Acquisition, Technology, and Logistics certifies that the expenditure of funds for the program is consistent with the analysis.
(Sec. 1675) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff to ensure the interoperability and integration of certain air and missile defense systems.
(Sec. 1676) Requires the Commanders of the U.S. European, Central, and Pacific Commands to submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff an assessment of the opportunities for integration and interoperability of air and missile defenses of the United States with capabilities of U.S. allies.
Requires the Secretary and the Chairman to: (1) submit the assessments to Congress; (2) carry out the planning, risk assessments, policy developments, and concepts of operations necessary to assure the integration, interoperability, and command-and-control of U.S. and allied air and missile defenses; and (3) provide quarterly updates to Congress.
(Sec. 1677) Requires DOD to submit to NATO a request to support an air defense capability at the Aegis Ashore sites in Romania and Poland and notify Congress regarding NATO's response.
Requires DOD to report to Congress on: (1) the plan and budget profile to provide an air defense capability to the Aegis Ashore sites in Romania and Poland, and (2) an assessment of the air and ballistic missile threat to U.S. military installations in Europe.
Requires DOD to ensure that a terminal high altitude area defense battery is available for rotational deployment to the area of responsibility of the U.S. States European Command unless it is needed in another combatant command's area of responsibility.
(Sec. 1678) Authorizes appropriations to be provided to Israel for the Iron Dome short-range rocket defense system. Requires the funds to be subject to the "Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement." Requires DOD to submit to Congress prior to obligating funds: (1) a certification that the Agreement is being successfully implemented, and (2) an assessment of risks relating to the implementation of the Agreement.
(Sec. 1679) Authorizes appropriations for procurement and coproduction of the Israeli David's Sling Weapons System and the Arrow 3 Upper Tier missile defense system, subject to specified terms and conditions.
(Sec. 1680) Requires DOD to:
Sets forth reporting requirements.
(Sec. 1681) Requires the Missile Defense Agency (MDA) to develop and deploy a highly reliable multiple-object kill vehicle for the ground-based midcourse defense system vehicle as early as practicable after rigorous flight testing is completed. Requires the FY2017 budget submission to reflect the funding profile necessary to meet the objectives of the multiple object kill vehicle program.
(Sec. 1682) Requires the MDA to ensure, to the maximum extent practicable, that all remaining ground-based interceptors of the ground-based midcourse defense system that are armed with the capability enhancement I exoatmospheric kill vehicle are replaced with the redesigned exoatmospheric kill vehicle before September 30, 2022.
(Sec. 1683) Requires the MDA to designate the preferred location in the United States for the potential future deployment of a missile defense site not later than 30 days after DOD publishes the draft environmental impact statement (EIS).
Requires the determination to be based on operational effectiveness and cost effectiveness in addition to the results of the EIS. Permits DOD to submit updates to the designation after the final EIS is submitted.
Requires DOD to submit to Congress and the GAO to review a plan for expediting the deployment time for a potential future continental interceptor site by at least two years.
Prohibits DOD from spending specified military construction funds for the East Coast missile site planning and design until the final EIS is published.
(Sec. 1684) Requires the MDA to deploy by December 31, 2020, a long-range discrimination radar or other appropriate sensor capability in a location optimized to support the defense of the homeland of the United States from emerging long-range ballistic missile threats from Iran.
Requires the MDA to evaluate at least three possible additional locations that would be best suited for future deployment of an advanced missile defense sensor site at a location optimized against threats from Iran.
Requires the MDA to: (1) commence any siting studies and other required evaluations necessary to carry out the reassignment of the homeport of the sea-based X-band radar to a homeport on the East Coast of the United States; and (2) certify, prior to executing the relocation, that the relocation will not impact the missile defense of Hawaii.
(Sec. 1685) Requires the MDA to commence the concept definition of a space-based ballistic missile intercept layer to the ballistic missile defense system that provides: (1) a boost-phase layer for missile defense; or (2) additional defensive options against direct ascent anti-satellite weapons, hypersonic glide vehicles, and maneuvering reentry vehicles.
(Sec. 1686) Requires the MDA to evaluate the role, feasibility, cost, cost benefit, and operational effectiveness of additional Aegis Ashore sites and upgrades to current ballistic missile defense system sensors to offset capacity demands on current Aegis ships, Aegis Ashore sites, and Patriot and Terminal High Altitude Area Defense capability and to meet the requirements of the combatant commanders.
Requires the Under Secretary of Defense for Policy and the Secretary of State to jointly identify any obstacles to foreign military sales of Aegis Ashore or co-financing of additional Aegis Ashore sites.
(Sec. 1687) Requires the Vice Chairman of the Joint Chiefs of Staff to oversee the development of: (1) the warfighter requirements for persistent and survivable capabilities to detect, identify, determine the status, track, and support engagement of strategically important mobile or relocatable assets; and (2) the enabling framework for intelligence support to integrated air and missile defense and, as appropriate, the development of requirements for capabilities to be acquired to achieve integrated operation.
(Sec. 1688) Extends specified requirements for the GAO to review and assess missile defense acquisition program.
(Sec. 1689) Requires the MDA conduct an evaluation of potential options for fielding a medium range ballistic missile defense sensor for the defense of Hawaii.
(Sec. 1690) Requires DOD to submit to Congress a report regarding the outcome of the military requirements process and Milestone A decision for at least one conventional prompt global strike weapons system.
Military Construction Authorization Act for Fiscal Year 2016
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
(Sec. 2002) Provides that all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the NATO Security Investment Program expire on the later of October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for FY2019. Includes an exception for funds that have been obligated prior to the later of the two dates.
(Sec. 2003) Provides that titles XXI through XXVII of this bill shall take effect on October 1, 2015, or the date of enactment of this bill, whichever is later.
TITLE XXI--ARMY MILITARY CONSTRUCTION
(Sec. 2101) Authorizes specified Army construction and land acquisition projects.
(Sec. 2102) Authorizes new construction and planning and design of family housing units for the Army.
(Sec. 2103) Authorizes the Army to make improvements to existing units of family housing.
(Sec. 2104) Authorizes appropriations for Army military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2105) Modifies the authorization for the construction of a Cadet barracks building at the U.S. Military Academy in New York.
(Sec. 2106) Extends the authorizations for specified FY2012 projects.
(Sec. 2107) Extends the authorizations for specified FY2013 projects.
(Sec. 2108) Authorizes a project to construct a vehicle bridge and traffic circle to facilitate traffic flow to and from the Medical Center at Rhine Ordnance Barracks, Germany. Permits the Army to use available host-nation payment-in-kind funding for the project
TITLE XXII--NAVY MILITARY CONSTRUCTION
(Sec. 2201) Authorizes specified Navy construction and land acquisition projects.
(Sec. 2202) Authorizes new construction and planning and design of family housing units for the Navy.
(Sec. 2203) Authorizes the Navy to make improvements to existing units of family housing.
(Sec. 2204) Authorizes appropriations for Navy military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2205) Extends the authorizations of specified FY2012 projects.
(Sec. 2206) Extends the authorizations of specified FY2013 projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
(Sec. 2301) Authorizes specified Air Force construction and land acquisition projects.
(Sec. 2302) Authorizes new construction and planning and design of family housing units for the Air Force.
(Sec. 2303) Authorizes the Air Force to make improvements to existing units of family housing.
(Sec. 2304) Authorizes appropriations for Air Force military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2305) Modifies the authorization for construction of a ground control tower at Hickam Air Force Base, Hawaii.
(Sec. 2306) Modifies the authorization for construction of a Guardian Angel Operations Facility at Royal Air Force Lakenheath, United Kingdom.
(Sec. 2307) Modifies the authorization for construction of a KC-46A Alter Composite Maintenance Shop at McConnell Air Force Base, Kansas.
(Sec. 2308) Extends the authorization for a specified project at Sigonella Naval Air Station, Italy.
(Sec. 2309) Extends the authorization for a specified project at Lajes Field, Portugal.
(Sec. 2310) Requires DOD to certify to Congress that Royal Air Force Croughton, United Kingdom, remains the optimal location for recapitalization of the Joint Intelligence Analysis Complex before funds may be used for the construction of the Joint Intelligence Analysis Complex Consolidation, Phase 2, at Royal Air Force Croughton, United Kingdom.
Requires DOD to submit to Congress determinations and plans regarding the operational viability of Lajes Field, Azores, for specified uses.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
(Sec. 2401) Authorizes specified construction and land acquisition projects for defense agencies.
(Sec. 2402) Authorizes DOD to carry out specified energy conservation projects.
(Sec. 2403) Authorizes appropriations for military construction, land acquisition, and military family housing functions of defense agencies at the levels identified in section 4601.
(Sec. 2404) Modifies the authorization for construction of the High Performance Computing Center at Fort Meade, Maryland.
(Sec. 2405) Extends the authorizations of specified FY2012 projects.
(Sec. 2406) Extends the authorizations of specified FY2013 projects.
(Sec. 2407) Modifies the authorization for construction of an Ambulatory Care Center for Fort Knox, Kentucky.
(Sec. 2408) Modifies the authorization for construction of a school in Brussels, Belgium to allow additional land purchases and improvements to construct a multi-sport athletic field, track, perimeter road, parking, and fencing.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
(Sec. 2501) Authorizes DOD to make specified contributions to the North Atlantic Treaty Organization Security equal to the sum of amount authorized in section 2502 and the amount collected from NATO for construction previously financed by the United States.
(Sec. 2502) Authorizes appropriations for the North Atlantic Treaty Organization Security Investment Program at the levels identified in section 460
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
(Sec. 2601) Authorizes specified construction and land acquisition projects for the Army National Guard.
(Sec. 2602) Authorizes specified construction and land acquisition projects for the Army Reserve.
(Sec. 2603) Authorizes specified construction and land acquisition projects for the Navy Reserve and Marine Corps Reserve.
(Sec. 2604) Authorizes specified construction and land acquisition projects for the Air National Guard.
(Sec. 2605) Authorizes specified construction and land acquisition projects for the Air Force Reserve.
(Sec. 2606) Authorize appropriations for the National Guard and Reserve military construction at the levels identified in section 4601.
Subtitle B--Other Matters
(Sec. 2611) Authorizes the Army to modify the scope of the authorization for construction of the Army Reserve Center for Aberdeen Proving Ground, Maryland.
(Sec. 2612) Modifies the authorizations for construction of: (1) a Guardian Angel Operations facility at Davis-Monthan Air Force Base, Arizona; and (2) a consolidated Secure Compartmented Information Facility at Fort Smith Municipal Airport, Arkansas to provide for increased costs associated with these projects.
(Sec. 2613) Extends the authorizations of specified FY2012 projects.
(Sec. 2614) Extends the authorizations of specified FY2013 projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
(Sec. 2701) Authorizes appropriations for ongoing Base Realignment and Closure activities at the levels identified in section 4601.
(Sec. 2702) States that nothing in this bill authorizes an additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
(Sec. 2801) Aligns the thresholds for congressional notification of reserve facility expenditures and contributions with the thresholds for minor construction and repair projects.
(Sec. 2802) Extends the authority to use Operation and Maintenance funds for certain construction projects outside of the United States.
(Sec. 2803) Authorizes DOD to use specified funds to carry out a defense laboratory modernization pilot program.
(Sec. 2804) Authorizes DOD to accept cash contributions from the government of Kuwait for the purpose of the payment of costs in connection with mutually beneficial construction, maintenance, and repair projects.
(Sec. 2805) Permit service secretaries to convey excess relocatable military housing units to certain Indian tribes, at no cost, and without consideration.
Subtitle B--Real Property and Facilities Administration
(Sec. 2811) Requires DOD to protect the buildings, grounds, and property under the jurisdiction, custody, or control of DOD and persons on the property. Permits DOD to designate personnel to: (1) enforce federal laws and regulations to protect people and property, (2) carry firearms, (3) make arrests, and (4) conduct investigations.
(Sec. 2812) Authorizes the military service academies to accept a gift of real property conditioned upon the naming of the property if the acceptance and naming would not reflect unfavorably on the United States, and the real property has not otherwise been named by an act of Congress.
(Sec. 2813) Permits the conveyance of additional utility systems to an entity already operating other utility systems on a joint base if it is in the best interest of the government using a business case analysis.
(Sec. 2814) Authorizes the Secretary concerned to lease non-excess property for consideration that is below fair market value if the lease is to a local education agency or an elementary or secondary school.
(Sec. 2815) Requires DOD to submit with the annual budget request a 20-year force structure plan for each of the military services and a comprehensive inventory of worldwide infrastructure.
(Sec. 2816) Requires DOD to submit to Congress an annual report specifying each location that was newly designated, or had a change in its designation, as a main operating base, forward operating site, or cooperative security location during the preceding year.
(Sec. 2817) Exempts certain excess, unutilized, or underutilized non-mobile Army property from property disposal requirements of the McKinney-Vento Homeless Assistance Act if: (1) the property is not feasible to relocate, (2) the property is located in an area to which the general public is denied access in the interest of national security, and (3) the exemption would facilitate the efficient disposal of excess property or result in more efficient real property management.
Subtitle C--Provisions Related to Asia-Pacific Military Realignment
(Sec. 2821) Amends restrictions on the development of public infrastructure on Guam to support the realignment of Marine Corps Forces in the Asia-Pacific region. Permits funds to be used for a public infrastructure project to improve water and wastewater systems on Guam if: (1) the project is identified in a specified DOD report, and (2) funds have been appropriated or made available by DOD for the project.
(Sec. 2822) Requires DOD to submit to Congress an annual report that addresses the total amount of received and anticipated contributions from Japan to the Support for United States Relocation to Guam Account.
Subtitle D--Land Conveyances
(Sec. 2831) Amends the terms of a conveyance of real property in Jefferson County, Arkansas to the Economic Development Alliance of Jefferson County, Arkansas to allow the conveyance for other than the required conditions if the Economic Development Alliance pays fair market value for the property and the costs associated with conveyance.
(Sec. 2832) Authorizes a land exchange involving a parcel of real property under the jurisdiction of the Army on the site of the former Mare Island Naval Shipyard, Vallejo, California, in the event that a current real property exchange process is unsuccessful.
(Sec. 2833) Authorizes the Navy to convey a parcel of real property containing Navy Outlying Landing Field Site 8 in Escambia County, Florida, to Escambia County in exchange for a parcel of property that is suitable for use as a Navy outlying landing field to replace Navy Outlying Landing Field Site 8.
(Sec. 2834) Authorizes the Army to release property interests and terms and conditions imposed in connection with a parcel of property at Camp Villere, Louisiana that the United States conveyed to Louisiana for National Guard purposes.
Requires Louisiana to: (1) transfer the property from the Louisiana Military Department to the Louisiana Agricultural Finance Authority, and (2) Make available to the Louisiana Military Department real property to replace the transferred parcel that is suitable for use for National Guard training and operational support for emergency management and homeland defense activities.
(Sec. 2835) Authorizes the Army to release the rights and the reversionary interests reserved by the United States for a parcel of land in El Paso, Texas, to authorize Texas to sell a portion of the property and use all proceeds from the sale to fund improvements or repairs for the National Guard facilities on the remainder of the property.
Subtitle E--Military Land Withdrawals
(Sec. 2841) Provides for the withdrawal and reservation of additional public land in San Bernardino County, California, to support operations at Naval Air Weapons Station China Lake, California.
Subtitle F--Other Matters
(Sec. 2851) Requires DOD to modify specified guidance and specifications for pavement markings to permit the use of the Type III category of retro-reflective beads. Requires the determination of the category of retro-reflective beads used on air-fields to be made on an installation-by-installation basis based on local conditions and the life-cycle maintenance costs of the pavement markings.
(Sec. 2852) Extends the authority to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
(Sec. 3101) Authorizes appropriations to the Department of Energy (DOE) for the National Nuclear Security Administration (NNSA) at the levels identified in section 4701 of division D of this bill. Authorizes a new plant project for the NNSA at the Los Alamos National Laboratory in New Mexico.
(Sec. 3102) Authorizes appropriations to DOE for Defense Environmental Cleanup activities at the levels identified in section 4701 of this bill.
(Sec. 3103) Authorizes to DOE for Other Defense Activities in carrying out programs as specified in section 4701 of this bill.
(Sec. 3104) Authorizes appropriations to DOE for nuclear energy as specified in section 4701 of this bill.
Subtitle B--Program Authorizations, Restrictions, and Limitations
(Sec. 3111) Requires DOE and the NNSA to: (1) submit to Congress specified details regarding employees involved in nuclear security whose security clearances were revoked, (2) notify Congress whenever a covered employee involved in nuclear security is terminated or removed and reassigned, and (3) certify to Congress that they possess the authorities needed to terminate an employee for cause relating to improper program management.
Prohibits bonuses from being paid to employees during the one-year period beginning on the date on which DOE or the NNSA determines that the employee committed improper program management, subject to a waiver.
Establishes congressional notification and reporting requirements when a contractor of the NNSA is engaged in specified improper program management.
(Sec. 3112) Amends the Atomic Energy Defense Act to establish a DOE stockpile responsiveness program to identify, sustain, enhance, integrate, and continually exercise all capabilities required to conceptualize, study, design, develop, engineer, certify, produce, and deploy nuclear weapons.
(Sec. 3113) Specifies requirements for congressional notification of cost overruns and selected acquisition reports and cost estimates for major alteration projects.
(Sec. 3114) Requires DOE to conduct and submit to Congress a root cause assessment when certain programs experience a significant cost overrun.
(Sec. 3115) Revises the percentage of funds provided to DOE laboratories for national security activities that may be used for laboratory-directed research and development. Requires the NNSA to brief Congress on all recent or ongoing reviews of the laboratory-directed research and development program.
(Sec. 3116) Requires DOE to arrange to have an owner's agent advise DOE with respect to oversight responsibilities associated with a specified contract between the DOE Office of River Protection and Bechtel National, Inc. relating to the Hanford Waste Treatment and Immobilization Plan.
(Sec. 3117) Requires DOE to ensure the use of best practices in analyzing alternatives and estimating costs for capital asset projects and nuclear weapon life extension programs.
(Sec. 3118) Requires specified funds to be made available for initial planning and early research and development of an advanced naval nuclear fuel system based on low-enriched uranium. Requires the NNSA to submit to Congress a conceptual plan for a program for research and development of an advanced naval nuclear fuel system based on low-enriched uranium to meet military requirements.
(Sec. 3119) Requires DOE to carry out construction and program support activities for the Mixed Oxide (MOX) Fuel Fabrication Facility using specified funds.
Authorizes DOE to use specified funds to conduct an analysis of alternative options for carrying out the plutonium disposition program.
Requires DOE to include in the budget justification materials an updated performance baseline for construction and project support activities relating to the MOX facility.
(Sec. 3120) Requires DOE to establish a pilot program to create microlabs for: (1) enhancing collaboration with regional research groups; (2) accelerating technology transfer from national security laboratories to the marketplace; and (3) promoting regional workforce development through science, technology, engineering, and mathematics instruction and training.
(Sec. 3121) Prohibits the use of funds made available for defense nuclear nonproliferation activities from being used to enter into a contract with, or otherwise provide assistance to, the Russian Federation. Permits a national security waiver.
(Sec. 3122) Prohibits the NNSA from using FY2016 funds for the installation of fixed site radiological portal monitors or equipment in foreign countries until the Director National Intelligence submits an assessment to the NNSA and Congress.
Requires the NNSA to submit to Congress a plan for transitioning fixed site radiological portal monitors installed in foreign countries to being sustained, to the greatest extent possible, by the countries in which the monitors are located.
(Sec. 3123) Prohibits FY2016 funds authorized for the NNSA Office of Nonproliferation and Arms Control from being used to test or validate technologies designed to verify and monitor obligations under arms control treaties or other agreements to which U.S. is not a signatory until the NNSA submits a review to Congress.
(Sec. 3124) Limits the availability of funds for certain nuclear weapons dismantlement and disposition activities.
Subtitle C--Plans and Reports
(Sec. 3131) Requires DOE to submit with the President's budget in even-numbered years a plan for meeting the national security requirements for unencumbered uranium through 2026. (Unencumbered, with respect to uranium, means that the United States has no obligation to foreign governments to use the uranium for only peaceful purposes.)
(Sec. 3132) Requires the NNSA to submit annually to Congress a five-year management plan for activities associated with defense nuclear nonproliferation programs.
(Sec. 3133) Requires DOE to develop a plan to provide guidance for activities related to the deactivation and decommissioning of nonoperational defense nuclear facilities.
(Sec. 3134) Requires DOE to include an assessment of the emergency preparedness of the facility in each award-fee evaluation conducted of a management and operating contract for a DOE nuclear facility in 2016, or any even-numbered year thereafter.
(Sec. 3135) Modifies requirements for cost-benefit analyses and other reports regarding contracts to manage and operate an NNSA facility.
(Sec. 3136) Sets forth reporting and notification requirements for specified agencies regarding the transfer of U.S. civil nuclear technology to foreign countries. Requires DOE to: (1) revise regulations to ensure that the Director of National Intelligence is consulted regarding a transfer before a decision is made, and (2) issue guidance regarding civil penalties and referrals to the Attorney General for violations of the terms of authorizations for the transfer of U.S. civil nuclear technology.
(Sec. 3137) Requires DOE and the NNSA to jointly establish a team of senior officials to implement a plan to reform governance and management to improve the effectiveness and efficiency of the nuclear security enterprise.
(Sec. 3138) Requires the NNSA to submit to Congress an annual report on the number of full-time equivalent and contract employees.
(Sec. 3139) Requires the President to develop, pursue, and brief Congress on a strategy to address the risks to the goals and policies of the United States regarding nuclear nonproliferation that are caused by the increased use of additive manufacture technology (commonly referred to as 3D printing).
(Sec. 3140) Requires the Chairman of the Nuclear Weapons Council to brief Congress on the annual plutonium pit production capacity requirement of the nuclear security enterprise.
(Sec. 3141) Requires the Direction of National Intelligence to report to Congress annually on nuclear proliferation risks and nuclear nonproliferation opportunities.
(Sec. 3142) Requires the NNSA to submit to Congress the analysis of alternatives conducted for the Mobile Guardian Transporter program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
(Sec. 3201) Authorizes appropriations for the Defense Nuclear Facilities Safety Board.
(Sec. 3202) Amends the Atomic Energy Act of 1954 to provide that: (1) the Chairman of the Defense Nuclear Facilities Board may not withhold from members of the Board certain information regarding the Board's functions, powers, and mission; and (2) the Chairman of the Board, subject to the approval of the Board, may appoint and remove specified senior employees of the Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
(Sec. 3401) Authorizes appropriations for the operation and maintenance of the Naval Petroleum Reserves.
TITLE XXXV--MARITIME ADMINISTRATION
(Sec. 3501) Authorizes appropriations for the national security aspects of the Merchant Marine.
(Sec. 3502) Expresses the sense of Congress that dedicated and enhanced support is necessary to stabilize and preserve the Maritime Security Fleet program.
(Sec. 3503) Amends the Internal Revenue Code of 1986 to reflect the transfer of the Maritime Administration from the Department of Commerce to the Department of Transportation.
(Sec. 3504) Increases the authorization of appropriations for FY2016 payments to contractors for each maritime security fleet vessel covered by an operating agreement. Increases the authorization of appropriations for expenses to maintain and preserve a United States-flag merchant marine to serve the national security needs of the United States.
(Sec. 3505) Permits the Maritime Administrator to accept a gift of money from the U.S. Merchant Marine Academy Alumni Association and Foundation, Inc. for the purpose of renovating Melville Hall on the campus of the U.S. Merchant Marine Academy.
(Sec. 3506) Amends the requirements for U.S. Merchant Marine Academy cadet commitment agreements to modify licensing and service requirements.
(Sec. 3507) Modifies requirements for U.S. Merchant Marine Academy student incentive payment agreements related to licensing, the service commitment, and the circumstances under which an individual may be ordered to active duty. Permits payments to individuals to be modified if the total amount of payments to an individual does not exceed $32,000.
(Sec. 3508) Modifies the definition of "short sea transportation" to include carriage by a documented vessel of cargo that is: (1) shipped in discrete units or packages that are handled individually, palletized, or unitized for purposes of transportation; or (2) freight vehicles carried aboard commuter ferry boats.
DIVISION D--FUNDING TABLES
(Sec. 4001) Provides for the allocation of funds among programs, projects, and activities in accordance with the tables in division D of this bill, subject to reprogramming requirements.
(Sec. 4002) Provides that undistributed reductions in funding for operation and maintenance due to bulk fuel purchases and foreign currency fluctuations may be applied to specified operation and maintenance funding.
TITLE XLI--PROCUREMENT
(Sec. 4101) Sets forth amounts requested and authorized for Procurement.
(Sec. 4102) Sets forth amounts requested and authorized for Procurement for Overseas Contingency Operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(Sec. 4201) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation.
(Sec. 4202) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation for Overseas Contingency Operations.
TITLE XLIII--OPERATION AND MAINTENANCE
(Sec. 4301) Sets forth amounts requested and authorized for Operation and Maintenance.
(Sec. 4302) Sets forth amounts requested and authorized for Operation and Maintenance for Overseas Contingency Operations.
(Sec. 4303) Sets forth amounts requested and authorized for Operation and Maintenance for Overseas Contingency Operations for base requirements.
TITLE XLIV--MILITARY PERSONNEL
(Sec. 4401) Sets forth amounts requested and authorized for Military Personnel.
(Sec. 4402) Sets forth amounts requested and authorized for Military Personnel for Overseas Contingency Operations.
TITLE XLV--OTHER AUTHORIZATIONS
(Sec. 4501) Sets forth amounts requested and authorized for other specified authorizations, including: the Working Capital Fund, the National Defense Sealift Fund, the National Sea-Based Deterrence Fund, Chemical Agents and Munitions Destruction, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, and the Defense Health Program.
(Sec. 4502) Sets forth amounts requested and authorized for the Working Capital Fund, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, and the Defense Health Program for Overseas Contingency Operations.
TITLE XLVI--MILITARY CONSTRUCTION
(Sec. 4601) Sets forth amounts requested and authorized for Military Construction.
(Sec. 4602) Sets forth amounts requested and authorized for Military Construction for Overseas Contingency Operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(Sec. 4701) Sets forth amounts requested and authorized for Department of Energy National Security Programs.
Became Public Law No: 114-13.
Vetoed by President.
Motion to reconsider laid on the table Agreed to without objection.
Message on Senate action sent to the House.
Held at the desk.
Mr. Thornberry moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7747-8129)
DEBATE - The House proceeded with forty minutes of debate on S. 1356.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 370 - 58 (Roll no. 618).(text: CR H7747-8123)
Roll Call #618 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 370 - 58 (Roll no. 618). (text: CR H7747-8123)
Roll Call #618 (House)Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Pursuant to the provisions of H. Con. Res. 90, enrollment corrections on S. 1356 have been made.
Enacted as Public Law 114-92
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Measure laid before Senate by unanimous consent. (consideration: CR S7875-7878)
Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate bill (S. 1356) by Yea-Nay Vote. 91 - 3. Record Vote Number: 301.(text as Senate agree to the House amendment: CR S7875)
Roll Call #301 (Senate)Senate agreed to the House amendment to the Senate bill (S. 1356) by Yea-Nay Vote. 91 - 3. Record Vote Number: 301. (text as Senate agree to the House amendment: CR S7875)
Roll Call #301 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 114-92.
Became Public Law No: 114-92.