H.R. 3979 — what changed

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

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

added The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 3, 2014, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.

added Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

added None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the procurement of additional mission modules for the Littoral Combat Ship program may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees each of the following:

added Section 124(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 693) is amended by striking “this Act or otherwise made available for fiscal year 2014” and inserting “this Act, the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015, or otherwise made available for fiscal years 2014 or 2015”.

added None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to make significant changes to retire, prepare to retire, or place in storage U–2 aircraft.

added Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the status and location, and any plans to change during the period of the future-years defense program the status or locations, of all F–16 aircraft in the inventory of the Air Force.

added Section 144 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1325) is amended—

added “(c) Technology roadmap

added “(1) In general—The Commander shall develop a plan consisting of a technology roadmap for undersea mobility capabilities that includes the following:

added “(A) A description of the current capabilities provided by covered elements as of the date of the plan.

added “(B) An identification and description of the requirements of the Commander for future undersea mobility platforms.

added “(C) An identification of resources necessary to fulfill the requirements identified in subparagraph (B).

added “(D) A description of the technology readiness levels of any covered element currently under development as of the date of the plan.

added “(E) An identification of any potential gaps or projected shortfall in capability, along with steps to mitigate any such gap or shortfall.

added “(F) Any other matters the Commander determines appropriate.

added “(2) Submission—The Commander shall submit to the congressional defense committees the plan under paragraph (1) at the same time as the Under Secretary submits the first report under subsection (a)(2) following the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.”

added Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.

added “(e) Acceptance of funds—In addition to such sums as may be appropriated or otherwise made available to the Secretary to award prizes under this section, the Secretary may accept funds from other departments and agencies of the Federal Government, and from State and local governments, to award prizes under this section.”

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

added “(E) An assessment of plans and business case analyses supporting any significant modification of the test and evaluation facilities and resources of the Department projected, proposed, or recommended by the Secretary of a military department or the head of a Defense Agency for such period, including with respect to the expansion, divestment, consolidation, or curtailment of activities.”

added “(f) Approval of certain modifications

added “(1) The Secretary of a military department or the head of a Defense Agency with test and evaluation responsibilities may not implement a projected, proposed, or recommended significant modification of the test and evaluation facilities and resources of the Department, including with respect to the expansion, divestment, consolidation, or curtailment of activities, until—

added “(A) the Secretary or the head, as the case may be, submits to the Director a business case analysis for such modification; and

added “(B) the Director reviews such analysis and approves such modification.

added “(2) The Director shall submit to the Secretary of Defense an annual report containing the comments of the Director with respect to each business case analysis reviewed under paragraph (1)(B) during the year covered by the report.”

added Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, is amended to read as follows:

added “(B) in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment for the period of obligated service determined under paragraph (2)—

added “(i) with the Department; or

added “(ii) with a public or private entity or organization outside of the Department if the Secretary—

added “(I) is unable to find an appropriate position for the person within the Department; and

added “(II) determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department.”

added “(1) Annual report by Deputy Assistant Secretary of Defense for Developmental Test and Evaluation—Not later than March 31 of each year, the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsection (a) during the preceding year.

added “(2) Biennial report by Deputy Assistant Secretary of Defense for Systems Engineering—Not later than March 31 of every other year, the Deputy Assistant Secretary of Defense for Systems Engineering shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsection (b) during the preceding two-year period.”

added Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that provides—

added Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended in the matter following paragraph (2)—

added It is the sense of Congress that—

added Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

added Section 2703(f) of title 10, United States Code, is amended—

added “(2) In the case of a cooperative agreement under subsection (a)(2), such funds—

added “(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and

added “(B) may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.

added “(3) If any funds are placed by a recipient in an interest-bearing or other investment account under paragraph (2)(B), the Secretary of Defense shall report biennially to the congressional defense committees on the disposition of such funds.”

added “(c) Availability of funds; agreement under other laws

added “(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

added “(2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.”

added Not later than 30 days before entering into a contract for the planning, design, refurbishing, or construction of a biofuel refinery, or of any other facility or infrastructure used to refine biofuels, the Secretary of Defense or the Secretary of the military department concerned shall submit to the congressional defense committees a business case analysis for such planning, design, refurbishing, or construction.

added “(e) Electric dual fueled automobiles

added “(1) In general—At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of—

added “(A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(c); and

added “(B) the percentage utilization of the model on electricity, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(a)(2).

added “(2) Alternative calculation—If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b).”

added Section 482 of title 10, United States Code, is amended—

added “(d) Prepositioned stocks—Each report shall also include a military department-level or agency-level assessment of the readiness of prepositioned stocks, including—

added “(1) an assessment of the fill and materiel readiness of stocks by geographic location;

added “(2) an overall assessment by military department or Defense Agency of the ability of the respective stocks to meet operation and contingency plans; and

added “(3) a mitigation plan for any shortfalls or gaps identified under paragraph (1) or (2) and a timeline associated with corrective action.”

added “(3) The assessment included in the report under paragraph (1) by the Commander of the United States Strategic Command shall include a separate assessment prepared by the Commander of United States Cyber Command relating to the readiness of United States Cyber Command and the readiness of the cyber force of each of the military departments.”

added “(i) Major exercise assessments

added “(1) Each report under this section shall also include information on each major exercise conducted by a geographic or functional combatant command or military department, including—

added “(A) a list of exercises by name for the period covered by the report;

added “(B) the cost and location of each such exercise; and

added “(C) a list of participants by country or military department.

added “(2) In this subsection, the term “major exercise” means a named major training event, an integrated or joint exercise, or a unilateral major exercise.”

added Section 2229(a)(1) of title 10, United States Code, is amended by inserting “support for crisis response elements,” after “service requirements,”.

added Section 321(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 732; 10 U.S.C. 2229 note) is amended—

added “(1) Initial report—Not later than”

added “(2) Progress reports—Not later than one year after submitting the report required under paragraph (1), and annually thereafter for two years, the Comptroller General shall submit to the congressional defense committees a report assessing the progress of the Department of Defense in implementing its strategic policy and plan for its prepositioned stocks and including any additional information related to the Department's management of its prepositioned stocks that the Comptroller General determines appropriate.”

added At the same time as the President transmits to Congress the budget for fiscal year 2016 under section 1105 of title 31, United States Code, the Secretary of the Army shall submit to the congressional defense committees an assessment of how the Army has—

added The Secretary of the Air Force may not enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine until the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees that the Secretary of the Air Force has obtained sufficient data to determine that the Secretary of the Air Force is paying a fair and reasonable price for F117 sustainment, maintenance, repair, or overhaul as compared to the PW2000 commercial-derivative engine sustainment price for sustainment, maintenance, repair, or overhaul in the private sector. The Secretary may waive the limitation in the preceding sentence to enter into a contract if the Secretary determines that such a waiver is in the interest of national security.

added None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be obligated or expended to establish Regional Special Operations Forces Coordination Centers.

added “2679. Installation-support services: intergovernmental support agreements”

added “(4) Any contract for the provision of installation-support services awarded by the Federal Government or a State or local government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis.”

added “(4) The term “intergovernmental support agreement” means a legal instrument reflecting a relationship between the Secretary concerned and a State or local government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States.”

added The Armed Forces are authorized strengths for active duty personnel as of September 30, 2015, as follows:

added Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

added “(1) For the Army, 490,000.

added “(2) For the Navy, 323,600.

added “(3) For the Marine Corps, 184,100.

added “(4) For the Air Force, 310,900.”

added Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

added The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

added During fiscal year 2015, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

added Section 581(d) of title 10, United States Code, is amended—

added “(A) the name of each”

added “(B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary concerned.”

added “(2) An officer recommended for early retirement under this section, if approved for deferral under paragraph (1), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.”

added “(1)

added “(A) An officer in a grade below brigadier general or rear admiral (lower half) who is recommended for early retirement under this section or section 638a of this title and whose early retirement is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.

added “(B) If an officer described in subparagraph (A) is not eligible for retirement under any provision of law, the officer shall be retained on active duty until the officer is qualified for retirement under section 3911, 6323, or 8911 of this title, and then be retired under that section, unless the officer is sooner retired or discharged under some other provision of law, with such retirement under that section occurring not later than the later of the following:

added “(i) The first day of the month beginning after the month in which the officer becomes qualified for retirement under that section.

added “(ii) The first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.”

added “(B) An officer recommended for early retirement under paragraph (1)(A) or section 638a of this title, if approved for deferral under subparagraph (A), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.

added “(C) The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under paragraph (1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.

added “(D) An officer recommended for early retirement under paragraph (2), if approved for deferral under subparagraph (A), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.”

added Section 638a(d) of title 10, United States Code, is amended—

added “(c) Not later than March 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report—

added “(1) specifying the number of enlisted aides authorized and allocated for general officers and flag officers of the Army, Navy, Air Force, Marine Corps, and joint pool as of September 30 of the previous year; and

added “(2) justifying, on a billet-by-billet basis, the authorization and assignment of each enlisted aide to each general officer and flag officer position.”

added Section 2154(a)(2) of title 10, United States Code, is amended by striking “consisting of a joint professional military education curriculum” and all that follows through the period at the end and inserting the following:

added “(A) a joint professional military education curriculum taught in residence at the Joint Forces Staff College or a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution; or

added “(B) a senior level service course of at least ten months that has been designated and certified by the Secretary of Defense as a joint professional military education course.”

added Section 5942(a) of title 10, United States Code, is amended—

added “(2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal.”

added The Secretary of a military department shall ensure that the performance appraisal of a commanding officer in an Armed Force under the jurisdiction of that Secretary indicates the extent to which the commanding officer has or has not established a command climate in which—

added “(B) A reserve officer covered by this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), and who—

added “(i) is a health professions officer; or

added “(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.

added “(C) The consideration of a reserve officer for continuation on the reserve active-status list pursuant to this paragraph is subject to the needs of the service and to section 14509 of this title.”

added “(b) Continuation of health professions officers

added “(1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 of this title shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law.

added “(2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service.

added “(3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law.”

added “(g) Any medical advisory opinion issued to a board established under subsection (a)(1) with respect to a member or former member of the armed forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a clinical psychologist or psychiatrist if the request for correction of records concerned relates to a mental health disorder.”

added “(e) In the case of a former member of the armed forces (other than a former member covered by subsection (d)) who was diagnosed while serving in the armed forces as experiencing a mental health disorder, a board established under this section to review the former member's discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with special training on mental health disorders.”

added “(2) A member may not be reactivated to active duty in the Armed Forces under a pilot program conducted under this section after December 31, 2022.”

added “(4) Additional elements for final report—In addition to the elements required by paragraph (3), the final report under this subsection shall include the following:

added “(A) A description of the costs to each military department of each pilot program conducted under this section.

added “(B) A description of the reasons why members choose to participate in the pilot programs.

added “(C) A description of the members who did not return to active duty at the conclusion of their inactivation from active duty under the pilot programs, and a statement of the reasons why the members did not return to active duty.

added “(D) A statement whether members were required to perform inactive duty training as part of their participation in the pilot programs, and if so, a description of the members who were required to perform such inactive duty training, a statement of the reasons why the members were required to perform such inactive duty training, and a description of how often the members were required to perform such inactive duty training.”

added “(B) With respect to the findings and sentence of a court-martial that includes both a conviction for an offense committed before the effective date specified in subparagraph (A) and a conviction for an offense committed on or after that effective date, the convening authority shall have the same authority to take action on such findings and sentence as was in effect on the day before such effective date, except with respect to a mandatory minimum sentence under section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice).”

added Subsection (a) of section 849 of title 10, United States Code (article 49 of the Uniform Code of Military Justice), is amended to read as follows:

added “(a)

added “(1) At any time after charges have been signed as provided in section 830 of this title (article 30), oral or written depositions may be ordered as follows:

added “(A) Before referral of such charges for trial, by the convening authority who has such charges for disposition.

added “(B) After referral of such charges for trial, by the convening authority or the military judge hearing the case.

added “(2) An authority authorized to order a deposition under paragraph (1) may order the deposition at the request of any party, but only if the party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of the prospective witness be taken and preserved for use at a preliminary hearing under section 832 of this title (article 32) or a court-martial.

added “(3) If a deposition is to be taken before charges are referred for trial, the authority under paragraph (1)(A) may designate commissioned officers as counsel for the Government and counsel for the accused, and may authorize those officers to take the deposition of any witness.”

added “(a) Designation; purposes

added “(1) The Secretary concerned shall designate legal counsel (to be known as “Special Victims’ Counsel”) for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.

added “(2) An individual described in this paragraph is any of the following:

added “(A) An individual eligible for military legal assistance under section 1044 of this title.

added “(B) An individual who is—

added “(i) not covered under subparagraph (A);

added “(ii) a member of a reserve component of the armed forces; and

added “(iii) a victim of an alleged sex-related offense as described in paragraph (1)—

added “(I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or

added “(II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.”

added Section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

added “(e) Enforcement by Court of Criminal Appeals

added “(1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence.

added “(2) Paragraph (1) applies with respect to the protections afforded by the following:

added “(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.

added “(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.”

added Not later than 180 days after the date of the enactment of this Act, Rule 513 of the Military Rules of Evidence shall be modified as follows:

added Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:

added “(f) Return of personal property upon completion of related proceedings—Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident.”

added Section 1744(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 981; 10 U.S.C. 834 note) is amended—

added “(c) Review of certain cases not referred to court-martial

added “(1) Cases not referred following staff judge advocate recommendation for referral for trial—In any case where”

added “(2) Cases not referred by convening authority upon request for review by chief prosecutor

added “(A) In general—In any case where a convening authority decides not to refer a charge of a sex-related offense to trial by court-martial, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority if the chief prosecutor of the Armed Force concerned, in response to a request by the detailed counsel for the Government, requests review of the decision by the Secretary.

added “(B) Chief prosecutor defined—In this paragraph, the term chief prosecutor means the chief prosecutor or equivalent position of an Armed Force, or, if an Armed Force does not have a chief prosecutor or equivalent position, such other trial counsel as shall be designated by the Judge Advocate General of that Armed Force, or in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps.”

added “(11) An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the Armed Force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the Armed Forces, including the numbers of reports identifying offenses that were disposed of by each of the following:

added “(A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted.

added “(B) Acquittal of all charges at court-martial.

added “(C) Non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).

added “(D) Administrative action, including by each type of administrative action imposed.

added “(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred.”

added “(2) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and”

added “2015. Program to assist members in obtaining professional credentials

added “(a) Program required—The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials related to military training and skills that—

added “(1) are acquired during service in the armed forces incident to the performance of their military duties; and

added “(2) translate into civilian occupations.

added “(b) Payment of expenses

added “(1) Under the program required by this section, the Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall provide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional licenses, professional certification, and related expenses.

added “(2) The authority under paragraph (1) may not be used to pay the expenses of a member to obtain professional credentials that are a prerequisite for appointment in the armed forces.

added “(c) Regulations

added “(1) The Secretary of Defense and the Secretary of Homeland Security shall prescribe regulations to carry out this section.

added “(2) The regulations shall apply uniformly to the armed forces to the extent practicable.

added “(3) The regulations shall include the following:

added “(A) Requirements for eligibility for participation in the program under this section.

added “(B) A description of the professional credentials and occupations covered by the program.

added “(C) Mechanisms for oversight of the payment of expenses and the provision of other benefits under the program.

added “(D) Such other matters in connection with the payment of expenses and the provision of other benefits under the program as the Secretaries consider appropriate.

added “(d) Expenses defined—In this section, the term expenses means expenses for class room instruction, hands-on training (and associated materials), manuals, study guides and materials, text books, processing fees, and test fees and related fees.”

added Section 9362 of title 10, United States Code, is amended by striking subsections (e), (f), and (g) and inserting the following new subsections:

added “(e) Acceptance of support

added “(1) Support received from the corporation—Notwithstanding section 1342 of title 31, the Secretary of the Air Force may accept from the corporation funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

added “(2) Funds received from other sources—The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy.

added “(3) Limitations—The Secretary shall ensure that contributions accepted under this subsection do not—

added “(A) reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or

added “(B) compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.

added “(f) Leases and licenses

added “(1) In general—The Secretary of the Air Force may, in accordance with section 2667 of this title, enter into leases or licenses with the corporation for the purpose of supporting the athletic programs of the Academy. Consideration provided under such a lease or license may be provided in the form of funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

added “(2) Support services—The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this paragraph, the term support services includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property. Any such support services may only be provided without any liability of the United States to the corporation.

added “(g) Contracts and cooperative agreements—The Secretary of the Air Force may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property, services, or travel for the direct benefit or use of the athletic programs of the Academy.

added “(h) Trademarks and service marks

added “(1) Licensing, marketing, and sponsorship agreements—An agreement under subsection (g) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Air Force.

added “(2) Limitations—No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—

added “(A) such agreement would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or

added “(B) the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.

added “(i) Retention and use of funds—Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.”

added Of the amount authorized to be appropriated for fiscal year 2015 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

added Section 563(c) of National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 6301 note) is amended—

added Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting before the comma at the end the following: “or, in the case of a teaching position that involves instruction in the host-nation language, a local national when a citizen of the United States is not reasonably available to provide such instruction”.

added “208. Child custody protection

added “(a) Duration of temporary custody order based on certain deployments—If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.

added “(b) Limitation on consideration of member's deployment in determination of child's best interest—If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.

added “(c) No Federal jurisdiction or right of action or removal—Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.

added “(d) Preemption—In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.

added “(e) Deployment defined—In this section, the term deployment means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—

added “(1) that are designated as unaccompanied;

added “(2) for which dependent travel is not authorized; or

added “(3) that otherwise do not permit the movement of family members to that location.”

added “1129a. Purple Heart: members killed or wounded in attacks by foreign terrorist organizations

added “(a) In general—For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded as a result of an international terrorist attack against the United States.

added “(b) Covered members

added “(1) A member described in this subsection is a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in circumstances where the death or wound is the result of an attack targeted on the member due to such member's status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member.

added “(2) For purposes of this section, an attack by an individual or entity shall be considered to be an attack by a foreign terrorist organization if—

added “(A) the individual or entity was in communication with the foreign terrorist organization before the attack; and

added “(B) the attack was inspired or motivated by the foreign terrorist organization.

added “(c) Foreign terrorist organization defined—In this section, the term foreign terrorist organization means an entity designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”

added Not later than April 1, 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review conducted pursuant to section 1735 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 976).

added Section 1662(a) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended by striking “inspected on a semiannual basis for the first two years after the enactment of this Act and annually thereafter” and inserting “inspected at least once every two years”.

added “(2) The Secretary of a military department shall provide the Committees on Armed Services of the Senate and the House of Representatives with notice of any decision by the Secretary to close a voter assistance office that was designated on an installation before the date of the enactment of this paragraph. The notice shall include the rational for the closure, the timing of the closure, the number of covered individuals supported by the office, and the plan for providing the assistance available under subsection (a) to covered individuals after the closure of the office.”

added Section 1604 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 52 U.S.C. 20301 note) is repealed.

added “(c) Removal of remains of certain members with no known next of kin

added “(1) The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.

added “(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.

added “(3) A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—

added “(A) demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and

added “(B) undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.

added “(4) In this subsection:

added “(A) The term Army National Military Cemetery means a cemetery specified in section 4721(b) of this title.

added “(B) The term covered member of the armed forces means a member of the armed forces who—

added “(i) has been awarded the Medal of Honor; and

added “(ii) has no known next of kin.”

added “(a) Removal upon discontinuance of installation cemetery”

added “(b) Removal from temporary interment or abandoned grave or cemetery”

added It is the sense of Congress that the United States—

added In the case of commissioned officers in the uniformed services in pay grades O–7 through O–10—

added Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2014” and inserting “December 31, 2015”.

added “(3)

added “(A) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between—

added “(i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and

added “(ii) the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member.

added “(B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed one percent.”

added The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

added Section 1059(d)(4) of title 10, United States Code, is amended by striking “as of the date on which the individual described in subsection (b) is separated from active duty” and inserting “as of the date on which the separation action is initiated by a commander of the individual described in subsection (b)”.

added “1407a. Retired pay base: officers retired in general or flag officer grades

added “(a) Rates of Basic Pay to Be Used in Determination—Except as otherwise provided in this section, in a case in which the determination under section 1406 or 1407 of this title of the retired pay base applicable to the computation of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period between October 1, 2006, and December 31, 2014, that was subject to a reduction under section 203(a)(2) of title 37 for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, without regard to the reduction under section 203(a)(2) of title 37.

added “(b) Partial preservation of computation of retired pay base using uncapped rates of basic pay for covered officers who first became members before September 8, 1980, and whose retired pay commences after December 31, 2014

added “(1) Officers retiring after December 31, 2014—In the case of a covered general or flag officer who first became a member of a uniformed service before September 8, 1980, and who is retired after December 31, 2014, under any provision of law other than chapter 1223 of this title or is transferred to the Retired Reserve after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined as provided in paragraph (2) if determination of such retired pay base as provided in that paragraph results in a higher retired pay base than determination of such retired pay base as otherwise provided by law (including the application of section 203(a)(2) of title 37).

added “(2) Alternative determination of retired pay base using uncapped rates of basic pay as of December 31, 2014—For a determination in accordance with this paragraph, the amount of an officer’s retired pay base shall be determined by using the rate of basic pay provided as of December 31, 2014, for that officer’s grade as of that date for purposes of basic pay, with that officer’s years of service creditable as of that date for purposes of basic pay, and without regard to any reduction under section 203(a)(2) of title 37.

added “(3) Exception for officer retired in a lower grade—In a case in which the retired grade of the officer is lower than the grade in which the officer was serving on December 31, 2014, paragraph (2) shall be applied as if the officer was serving on that date in the officer’s retired grade.

added “(c) Preservation of computation of retired pay base using uncapped rates of basic pay for officers transferring to retired reserve during specified period—In the case of a covered general or flag officer who is transferred to the Retired Reserve between October 1, 2006, and December 31, 2014, and who becomes entitled to receive retired pay under section 12731 of this title after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined using the rates of basic pay provided by law without regard to any reduction in rates of basic pay under section 203(a)(2) of title 37.

added “(d) Covered General or Flag Officer defined—In this section, the term “covered general or flag officer” means a member or former member of a uniformed service who after September 30, 2006—

added “(1) is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or

added “(2) is transferred to the Retired Reserve in a general officer grade or flag officer grade.”

added Subparagraph (G) of section 1401a(b)(4) of title 10, United States Code, which shall take effect December 1, 2015, pursuant to section 403(a) of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1186)), as amended by section 10001 of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76; 128 Stat. 151) and section 2 of Public Law 113–82 (128 Stat. 1009), is amended by striking “January 1, 2014” and inserting “January 1, 2016”.

added “(4) Special needs trusts for sole benefit of certain dependent children—Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-support because of mental or physical incapacity.”

added “(6) Special needs trusts for sole benefit of certain dependent children—A person who has established a supplemental or special needs trust under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-support because of mental or physical incapacity may elect to provide an annuity to that supplemental or special needs trust.”

added “(C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)).”

added “(C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant.”

added “(iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established.”

added Section 12731(f)(2)(A) of title 10, United States Code, is amended—

added Subsection (f) of section 2484 of title 10, United States Code, is amended to read as follows:

added “(f) Procurement of commercial items using procedures other than competitive procedures—The Secretary of Defense may use the exception provided in section 2304(c)(5) of this title for the procurement of any commercial item (including brand-name and generic items) for resale in, at, or by commissary stores.”

added Section 2492 of title 10, United States Code, is amended by striking “Federal department, agency, or instrumentality” and all that follows through the period at the end of the section and inserting the following:

added “(1) to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system; or

added “(2) to provide or obtain food services beneficial to the efficient management and operation of the dining facilities on military installations offering food services to members of the armed forces.”

added “1074n. Annual mental health assessments for members of the armed forces

added “(a) Mental health assessments—Subject to subsection (c), not less frequently than once each calendar year, the Secretary of Defense shall provide a person-to-person mental health assessment for—

added “(1) each member of a regular component of the armed forces; and

added “(2) each member of the Selected Reserve of an armed force.

added “(b) Elements—The mental health assessments provided pursuant to this section shall—

added “(1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and

added “(2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.

added “(c) Sufficiency of other mental health assessments

added “(1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title.

added “(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.

added “(d) Privacy matters—Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.

added “(e) Regulations—The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.”