“(c) Technology roadmap
“(1) In general—The Commander shall develop a plan consisting of a technology roadmap for undersea mobility capabilities that includes the following:
“(A) A description of the current capabilities provided by covered elements as of the date of the plan.
“(B) An identification and description of the requirements of the Commander for future undersea mobility platforms.
“(C) An identification of resources necessary to fulfill the requirements identified in subparagraph (B).
“(D) A description of the technology readiness levels of any covered element currently under development as of the date of the plan.
“(E) An identification of any potential gaps or projected shortfall in capability, along with steps to mitigate any such gap or shortfall.
“(F) Any other matters the Commander determines appropriate.
“(2) Submission—The Commander shall submit to the congressional defense committees the plan under paragraph (1) at the same time as the Under Secretary submits the first report under subsection (a)(2) following the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.”
“(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.”
“(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.”
“(f) Approval of certain modifications
“(1) The Secretary of a military department or the head of a Defense Agency with test and evaluation responsibilities may not implement a projected, proposed, or recommended significant modification of the test and evaluation facilities and resources of the Department, including with respect to the expansion, divestment, consolidation, or curtailment of activities, until—
“(A) the Secretary or the head, as the case may be, submits to the Director a business case analysis for such modification; and
“(B) the Director reviews such analysis and approves such modification.
“(2) The Director shall submit to the Secretary of Defense an annual report containing the comments of the Director with respect to each business case analysis reviewed under paragraph (1)(B) during the year covered by the report.”
“(B) in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment for the period of obligated service determined under paragraph (2)—
“(i) with the Department; or
“(ii) with a public or private entity or organization outside of the Department if the Secretary—
“(I) is unable to find an appropriate position for the person within the Department; and
“(II) determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department.”
“(1) Annual report by Deputy Assistant Secretary of Defense for Developmental Test and Evaluation—Not later than March 31 of each year, the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsection (a) during the preceding year.
“(2) Biennial report by Deputy Assistant Secretary of Defense for Systems Engineering—Not later than March 31 of every other year, the Deputy Assistant Secretary of Defense for Systems Engineering shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsection (b) during the preceding two-year period.”
“(2) In the case of a cooperative agreement under subsection (a)(2), such funds—
“(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and
“(B) may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.
“(3) If any funds are placed by a recipient in an interest-bearing or other investment account under paragraph (2)(B), the Secretary of Defense shall report biennially to the congressional defense committees on the disposition of such funds.”
“(c) Availability of funds; agreement under other laws
“(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.
“(2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.”
“(e) Electric dual fueled automobiles
“(1) In general—At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of—
“(A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(c); and
“(B) the percentage utilization of the model on electricity, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(a)(2).
“(2) Alternative calculation—If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b).”
“(d) Prepositioned stocks—Each report shall also include a military department-level or agency-level assessment of the readiness of prepositioned stocks, including—
“(1) an assessment of the fill and materiel readiness of stocks by geographic location;
“(2) an overall assessment by military department or Defense Agency of the ability of the respective stocks to meet operation and contingency plans; and
“(3) a mitigation plan for any shortfalls or gaps identified under paragraph (1) or (2) and a timeline associated with corrective action.”
“(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.”
“(i) Major exercise assessments
“(1) Each report under this section shall also include information on each major exercise conducted by a geographic or functional combatant command or military department, including—
“(A) a list of exercises by name for the period covered by the report;
“(B) the cost and location of each such exercise; and
“(C) a list of participants by country or military department.
“(2) In this subsection, the term “major exercise” means a named major training event, an integrated or joint exercise, or a unilateral major exercise.”
“(1) Initial report—Not later than”
“(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.”
“2679. Installation-support services: intergovernmental support agreements”
“(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.”
“(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.”
“(1) For the Army, 490,000.
“(2) For the Navy, 323,600.
“(3) For the Marine Corps, 184,100.
“(4) For the Air Force, 310,900.”
“(A) the name of each”
“(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.”
“(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.”
“(1)
“(A) An officer in a grade below brigadier general or rear admiral (lower half) who is recommended for early retirement under this section or section 638a of this title and whose early retirement is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
“(B) If an officer described in subparagraph (A) is not eligible for retirement under any provision of law, the officer shall be retained on active duty until the officer is qualified for retirement under section 3911, 6323, or 8911 of this title, and then be retired under that section, unless the officer is sooner retired or discharged under some other provision of law, with such retirement under that section occurring not later than the later of the following:
“(i) The first day of the month beginning after the month in which the officer becomes qualified for retirement under that section.
“(ii) The first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.”
“(B) An officer recommended for early retirement under paragraph (1)(A) or section 638a of this title, if approved for deferral under subparagraph (A), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
“(C) The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under paragraph (1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
“(D) An officer recommended for early retirement under paragraph (2), if approved for deferral under subparagraph (A), shall 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.”
“(c) Not later than March 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report—
“(1) specifying the number of enlisted aides authorized and allocated for general officers and flag officers of the Army, Navy, Air Force, Marine Corps, and joint pool as of September 30 of the previous year; and
“(2) justifying, on a billet-by-billet basis, the authorization and assignment of each enlisted aide to each general officer and flag officer position.”
“(A) a joint professional military education curriculum taught in residence at the Joint Forces Staff College or a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution; or
“(B) a senior level service course of at least ten months that has been designated and certified by the Secretary of Defense as a joint professional military education course.”
“(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.”
“(B) A reserve officer covered by this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), and who—
“(i) is a health professions officer; or
“(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.
“(C) The consideration of a reserve officer for continuation on the reserve active-status list pursuant to this paragraph is subject to the needs of the service and to section 14509 of this title.”
“(b) Continuation of health professions officers
“(1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 of this title shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law.
“(2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service.
“(3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law.”
“(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.”
“(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.”
“(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.”
“(4) Additional elements for final report—In addition to the elements required by paragraph (3), the final report under this subsection shall include the following:
“(A) A description of the costs to each military department of each pilot program conducted under this section.
“(B) A description of the reasons why members choose to participate in the pilot programs.
“(C) A description of the members who did not return to active duty at the conclusion of their inactivation from active duty under the pilot programs, and a statement of the reasons why the members did not return to active duty.
“(D) A statement whether members were required to perform inactive duty training as part of their participation in the pilot programs, and if so, a description of the members who were required to perform such inactive duty training, a statement of the reasons why the members were required to perform such inactive duty training, and a description of how often the members were required to perform such inactive duty training.”
“(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).”
“(a)
“(1) At any time after charges have been signed as provided in section 830 of this title (article 30), oral or written depositions may be ordered as follows:
“(A) Before referral of such charges for trial, by the convening authority who has such charges for disposition.
“(B) After referral of such charges for trial, by the convening authority or the military judge hearing the case.
“(2) An authority authorized to order a deposition under paragraph (1) may order the deposition at the request of any party, but only if the party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of the prospective witness be taken and preserved for use at a preliminary hearing under section 832 of this title (article 32) or a court-martial.
“(3) If a deposition is to be taken before charges are referred for trial, the authority under paragraph (1)(A) may designate commissioned officers as counsel for the Government and counsel for the accused, and may authorize those officers to take the deposition of any witness.”
“(a) Designation; purposes
“(1) The Secretary concerned shall designate legal counsel (to be known as “Special Victims’ Counsel”) for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
“(2) An individual described in this paragraph is any of the following:
“(A) An individual eligible for military legal assistance under section 1044 of this title.
“(B) An individual who is—
“(i) not covered under subparagraph (A);
“(ii) a member of a reserve component of the armed forces; and
“(iii) a victim of an alleged sex-related offense as described in paragraph (1)—
“(I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or
“(II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.”
“(e) Enforcement by Court of Criminal Appeals
“(1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence.
“(2) Paragraph (1) applies with respect to the protections afforded by the following:
“(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
“(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.”
“(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.”
“(c) Review of certain cases not referred to court-martial
“(1) Cases not referred following staff judge advocate recommendation for referral for trial—In any case where”
“(2) Cases not referred by convening authority upon request for review by chief prosecutor
“(A) In general—In any case where a convening authority decides not to refer a charge of a sex-related offense to trial by court-martial, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority if the chief prosecutor of the Armed Force concerned, in response to a request by the detailed counsel for the Government, requests review of the decision by the Secretary.
“(B) Chief prosecutor defined—In this paragraph, the term chief prosecutor means the chief prosecutor or equivalent position of an Armed Force, or, if an Armed Force does not have a chief prosecutor or equivalent position, such other trial counsel as shall be designated by the Judge Advocate General of that Armed Force, or in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps.”
“(11) An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the Armed Force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the Armed Forces, including the numbers of reports identifying offenses that were disposed of by each of the following:
“(A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted.
“(B) Acquittal of all charges at court-martial.
“(C) Non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).
“(D) Administrative action, including by each type of administrative action imposed.
“(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred.”
“(2) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and”
“2015. Program to assist members in obtaining professional credentials
“(a) Program required—The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials related to military training and skills that—
“(1) are acquired during service in the armed forces incident to the performance of their military duties; and
“(2) translate into civilian occupations.
“(b) Payment of expenses
“(1) Under the program required by this section, the Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall provide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional licenses, professional certification, and related expenses.
“(2) The authority under paragraph (1) may not be used to pay the expenses of a member to obtain professional credentials that are a prerequisite for appointment in the armed forces.
“(c) Regulations
“(1) The Secretary of Defense and the Secretary of Homeland Security shall prescribe regulations to carry out this section.
“(2) The regulations shall apply uniformly to the armed forces to the extent practicable.
“(3) The regulations shall include the following:
“(A) Requirements for eligibility for participation in the program under this section.
“(B) A description of the professional credentials and occupations covered by the program.
“(C) Mechanisms for oversight of the payment of expenses and the provision of other benefits under the program.
“(D) Such other matters in connection with the payment of expenses and the provision of other benefits under the program as the Secretaries consider appropriate.
“(d) Expenses defined—In this section, the term expenses means expenses for class room instruction, hands-on training (and associated materials), manuals, study guides and materials, text books, processing fees, and test fees and related fees.”
“(e) Acceptance of support
“(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.
“(2) Funds received from other sources—The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy.
“(3) Limitations—The Secretary shall ensure that contributions accepted under this subsection do not—
“(A) reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
“(B) compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.
“(f) Leases and licenses
“(1) In general—The Secretary of the Air Force may, in accordance with section 2667 of this title, enter into leases or licenses with the corporation for the purpose of supporting the athletic programs of the Academy. Consideration provided under such a lease or license may be provided in the form of funds, supplies, equipment, and services for the support of the athletic programs of the Academy.
“(2) Support services—The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this paragraph, the term support services includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property. Any such support services may only be provided without any liability of the United States to the corporation.
“(g) Contracts and cooperative agreements—The Secretary of the Air Force may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property, services, or travel for the direct benefit or use of the athletic programs of the Academy.
“(h) Trademarks and service marks
“(1) Licensing, marketing, and sponsorship agreements—An agreement under subsection (g) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Air Force.
“(2) Limitations—No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—
“(A) such agreement would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
“(B) the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.
“(i) Retention and use of funds—Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.”
“208. Child custody protection
“(a) Duration of temporary custody order based on certain deployments—If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.
“(b) Limitation on consideration of member's deployment in determination of child's best interest—If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
“(c) No Federal jurisdiction or right of action or removal—Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
“(d) Preemption—In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
“(e) Deployment defined—In this section, the term deployment means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
“(1) that are designated as unaccompanied;
“(2) for which dependent travel is not authorized; or
“(3) that otherwise do not permit the movement of family members to that location.”
“1129a. Purple Heart: members killed or wounded in attacks by foreign terrorist organizations
“(a) In general—For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded as a result of an international terrorist attack against the United States.
“(b) Covered members
“(1) A member described in this subsection is a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in circumstances where the death or wound is the result of an attack targeted on the member due to such member's status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member.
“(2) For purposes of this section, an attack by an individual or entity shall be considered to be an attack by a foreign terrorist organization if—
“(A) the individual or entity was in communication with the foreign terrorist organization before the attack; and
“(B) the attack was inspired or motivated by the foreign terrorist organization.
“(c) Foreign terrorist organization defined—In this section, the term foreign terrorist organization means an entity designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”
“(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.”
“(c) Removal of remains of certain members with no known next of kin
“(1) The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.
“(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.
“(3) A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—
“(A) demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and
“(B) undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.
“(4) In this subsection:
“(A) The term Army National Military Cemetery means a cemetery specified in section 4721(b) of this title.
“(B) The term covered member of the armed forces means a member of the armed forces who—
“(i) has been awarded the Medal of Honor; and
“(ii) has no known next of kin.”
“(a) Removal upon discontinuance of installation cemetery”
“(b) Removal from temporary interment or abandoned grave or cemetery”
“(3)
“(A) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between—
“(i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and
“(ii) the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member.
“(B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed one percent.”
“1407a. Retired pay base: officers retired in general or flag officer grades
“(a) Rates of Basic Pay to Be Used in Determination—Except as otherwise provided in this section, in a case in which the determination under section 1406 or 1407 of this title of the retired pay base applicable to the computation of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period between October 1, 2006, and December 31, 2014, that was subject to a reduction under section 203(a)(2) of title 37 for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, without regard to the reduction under section 203(a)(2) of title 37.
“(b) Partial preservation of computation of retired pay base using uncapped rates of basic pay for covered officers who first became members before September 8, 1980, and whose retired pay commences after December 31, 2014
“(1) Officers retiring after December 31, 2014—In the case of a covered general or flag officer who first became a member of a uniformed service before September 8, 1980, and who is retired after December 31, 2014, under any provision of law other than chapter 1223 of this title or is transferred to the Retired Reserve after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined as provided in paragraph (2) if determination of such retired pay base as provided in that paragraph results in a higher retired pay base than determination of such retired pay base as otherwise provided by law (including the application of section 203(a)(2) of title 37).
“(2) Alternative determination of retired pay base using uncapped rates of basic pay as of December 31, 2014—For a determination in accordance with this paragraph, the amount of an officer’s retired pay base shall be determined by using the rate of basic pay provided as of December 31, 2014, for that officer’s grade as of that date for purposes of basic pay, with that officer’s years of service creditable as of that date for purposes of basic pay, and without regard to any reduction under section 203(a)(2) of title 37.
“(3) Exception for officer retired in a lower grade—In a case in which the retired grade of the officer is lower than the grade in which the officer was serving on December 31, 2014, paragraph (2) shall be applied as if the officer was serving on that date in the officer’s retired grade.
“(c) Preservation of computation of retired pay base using uncapped rates of basic pay for officers transferring to retired reserve during specified period—In the case of a covered general or flag officer who is transferred to the Retired Reserve between October 1, 2006, and December 31, 2014, and who becomes entitled to receive retired pay under section 12731 of this title after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined using the rates of basic pay provided by law without regard to any reduction in rates of basic pay under section 203(a)(2) of title 37.
“(d) Covered General or Flag Officer defined—In this section, the term “covered general or flag officer” means a member or former member of a uniformed service who after September 30, 2006—
“(1) is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or
“(2) is transferred to the Retired Reserve in a general officer grade or flag officer grade.”
“(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.”
“(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.”
“(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)).”
“(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.”
“(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.”
“(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.”
“(1) to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system; or
“(2) to provide or obtain food services beneficial to the efficient management and operation of the dining facilities on military installations offering food services to members of the armed forces.”
“1074n. Annual mental health assessments for members of the armed forces
“(a) Mental health assessments—Subject to subsection (c), not less frequently than once each calendar year, the Secretary of Defense shall provide a person-to-person mental health assessment for—
“(1) each member of a regular component of the armed forces; and
“(2) each member of the Selected Reserve of an armed force.
“(b) Elements—The mental health assessments provided pursuant to this section shall—
“(1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and
“(2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.
“(c) Sufficiency of other mental health assessments
“(1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title.
“(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
“(d) Privacy matters—Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.
“(e) Regulations—The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.”
“(B) Until January 1, 2019, once during each 180-day period during which a member is deployed.”
“(ii) by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and”
“(9)
“(A) Beginning on October 1, 2015, the pharmacy benefits program shall require eligible covered beneficiaries generally to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program.
“(B) The Secretary shall determine the maintenance medications subject to the requirement under subparagraph (A). The Secretary shall ensure that—
“(i) such medications are generally available to eligible covered beneficiaries through retail pharmacies only for an initial filling of a 30-day or less supply; and
“(ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program.
“(C) The Secretary may exempt the following prescription maintenance medications from the requirement of subparagraph (A):
“(i) Medications that are for acute care needs.
“(ii) Such other medications as the Secretary determines appropriate.”
“1079c. Provisional coverage for emerging services and supplies
“(a) Provisional coverage—In carrying out the TRICARE program, including pursuant to section 1079(a)(12) of this title, the Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, may provide provisional coverage for the provision of a service or supply if the Secretary determines that such service or supply is widely recognized in the United States as being safe and effective.
“(b) Consideration of evidence—In making a determination under subsection (a), the Secretary may consider—
“(1) clinical trials published in refereed medical literature;
“(2) formal technology assessments;
“(3) the positions of national medical policy organizations;
“(4) national professional associations;
“(5) national expert opinion organizations; and
“(6) such other validated evidence as the Secretary considers appropriate.
“(c) Independent evaluation—In making a determination under subsection (a), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies or such other independent entity as the Secretary selects.
“(d) Duration and terms of coverage
“(1) Provisional coverage under subsection (a) for a service or supply may be in effect for not longer than a total of five years.
“(2) Prior to the expiration of provisional coverage of a service or supply, the Secretary shall determine the coverage, if any, that will follow such provisional coverage and take appropriate action to implement such determination. If the Secretary determines that the implementation of such determination regarding coverage requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action.
“(3) The Secretary, at any time, may—
“(A) terminate the provisional coverage under subsection (a) of a service or supply, regardless of whether such termination is before the end of the period described in paragraph (1);
“(B) establish or disestablish terms and conditions for such coverage; or
“(C) take any other action with respect to such coverage.
“(e) Public notice—The Secretary shall promptly publish on a publicly accessible Internet website of the TRICARE program a notice for each service or supply that receives provisional coverage under subsection (a), including any terms and conditions for such coverage.
“(f) Finality of determinations—Any determination to approve or disapprove a service or supply under subsection (a) and any action made under subsection (d)(3) shall be final.”
“(17) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.”
“1097d. TRICARE program: notice of change to benefits
“(a) Provision of notice
“(1) If the Secretary makes a significant change to any benefits provided by the TRICARE program to covered beneficiaries, the Secretary shall provide individuals described in paragraph (2) with notice explaining such changes.
“(2) The individuals described by this paragraph are covered beneficiaries participating in the TRICARE program who may be affected by a significant change covered by a notification under paragraph (1).
“(3) The Secretary shall provide notice under paragraph (1) through electronic means.
“(b) Timing of notice—The Secretary shall provide notice under paragraph (1) of subsection (a) by the earlier of the following dates:
“(1) The date that the Secretary determines would afford individuals described in paragraph (2) of such subsection adequate time to understand the change covered by the notification.
“(2) The date that is 90 days before the date on which the change covered by the notification becomes effective.
“(3) The effective date of a significant change that is required by law.
“(c) Significant change defined—In this section, the term “significant change” means a systemwide change—
“(1) in the structure of the TRICARE program or the benefits provided under the TRICARE program (not including the addition of new services or benefits); or
“(2) in beneficiary cost-share rates of more than 20 percent.”
“(b) Additional report
“(1) Report required—Not later than 180 days after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of reducing the availability of TRICARE Prime in regions described in subsection (d)(1)(B).
“(2) Matters included—The report under paragraph (1) shall include the following:
“(A) A description of the implementation of the transition for affected eligible beneficiaries under the TRICARE program who no longer have access to TRICARE Prime under TRICARE managed care contracts as of the date of the report, including—
“(i) the number of eligible beneficiaries who have transitioned from TRICARE Prime to the TRICARE Standard option of the TRICARE program since October 1, 2013;
“(ii) the number of eligible beneficiaries who transferred their TRICARE Prime enrollment to a more distant available Prime service area to remain in TRICARE Prime, by State;
“(iii) the number of eligible beneficiaries who were eligible to transfer to a more distant available Prime service area, but chose to use TRICARE Standard;
“(iv) the number of eligible beneficiaries who elected to return to TRICARE Prime pursuant to subsection (c)(1); and
“(v) the number of affected eligible beneficiaries who, as of the date of the report, changed residences to remain eligible for TRICARE Prime in a new region.
“(B) An estimate of the increased annual costs per affected eligible beneficiary incurred by such beneficiary for health care under the TRICARE program.
“(C) A description of the efforts of the Department to assess the impact on access to health care and beneficiary satisfaction for affected eligible beneficiaries.
“(D) A description of the estimated cost savings realized by reducing the availability of TRICARE Prime in regions described in subsection (d)(1)(B).”
“(D) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest).”
“(B) The term does not include—
“(i) a national security system; or
“(ii) an information system used exclusively by and within the defense commissary system or the exchange system or other instrumentality of the Department of Defense conducted for the morale, welfare, and recreation of members of the armed forces using nonappropriated funds.”
“(6) The term “business process mapping” means a procedure in which the steps in a business process are clarified and documented in both written form and in a flow chart.”
“(4) Applicability—The authority provided in subsection (a) applies only to the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force.”
“(1) The”
“(2) The term “small business” means a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632).”
“(f) Use of other data—For purposes of compliance with subparagraphs (A) and (B) of subsection (c)(2), the Secretaries of the military departments and the heads of the Defense Agencies may use other available sources of data, such as advisory and assistance services information collected for purposes of the annual budget submission of the Department of Defense, to corroborate data from the annual inventory of contractor services required in section 2330a of title 10, United States Code. Any discrepancy identified between the inventory data and the data from other available sources shall be resolved and reported to the congressional defense committees.”
“(i) Defense acquisitions specifically authorized by law
“(1) In the case of the Department of Defense, a multiyear contract in an amount equal to or greater than $500,000,000 may not be entered into under this section unless the contract is specifically authorized by law in an Act other than an appropriations Act.
“(2) In submitting a request for a specific authorization by law to carry out a defense acquisition program using multiyear contract authority under this section, the Secretary of Defense shall include in the request the following:
“(A) A report containing preliminary findings of the agency head required in paragraphs (1) through (6) of subsection (a), together with the basis for such findings.
“(B) Confirmation that the preliminary findings of the agency head under subparagraph (A) were made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334(e)(1) of this title, and that the analysis supports those preliminary findings.
“(3) A multiyear contract may not be entered into under this section for a defense acquisition program that has been specifically authorized by law to be carried out using multiyear contract authority unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied:
“(A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees.
“(B) The Secretary’s determination under subparagraph (A) was made after completion of a cost analysis conducted on the basis of section 2334(e)(2) of this title, and the analysis supports the determination.
“(C) The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded.
“(D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.
“(E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.
“(F) The contract is a fixed price type contract.
“(G) The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities.
“(4) If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that substantial savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions.
“(5)
“(A) The Secretary may obligate funds for procurement of an end item under a multiyear contract for the purchase of property only for procurement of a complete and usable end item.
“(B) The Secretary may obligate funds appropriated for any fiscal year for advance procurement under a contract for the purchase of property only for the procurement of those long-lead items necessary in order to meet a planned delivery schedule for complete major end items that are programmed under the contract to be acquired with funds appropriated for a subsequent fiscal year (including an economic order quantity of such long-lead items when authorized by law).
“(6) The Secretary may make the certification under paragraph (3) notwithstanding the fact that one or more of the conditions of such certification are not met, if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification.
“(7) The Secretary may not delegate the authority to make the certification under paragraph (3) or the determination under paragraph (6) to an official below the level of Under Secretary of Defense for Acquisition, Technology, and Logistics.”
“(iii) obtain electronic parts from alternate suppliers if such parts are not available from original manufacturers, their authorized dealers, or suppliers identified as trusted suppliers in accordance with regulations prescribed pursuant to subparagraph (C) or (D);”
“(i) rigorous review of commercialization potential or military utility of technologies, including through use of outside expertise;”
“(3) Each comprehensive subcontracting plan of a contractor shall require that the contractor report to the Secretary of Defense on a semi-annual basis the following information:
“(A) The amount of first-tier subcontract dollars awarded during the six-month period covered by the report to covered small business concerns, with the information set forth separately—
“(i) by North American Industrial Classification System code;
“(ii) by major defense acquisition program, as defined in section 2430(a) of title 10, United States Code;
“(iii) by contract, if the contract is for the maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment and the total value of the contract, including options, exceeds $100,000,000; and
“(iv) by military department.
“(B) The total number of subcontracts active under the test program during the six-month period covered by the report that would have otherwise required a subcontracting plan under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
“(C) Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans.
“(D) Costs avoided by adoption of a comprehensive subcontracting plan.”
“(2) Effective in fiscal year 2016 and each fiscal year thereafter in which the test program is in effect, the Secretary of Defense may not negotiate a comprehensive subcontracting plan for a fiscal year with any contractor with which such a plan was negotiated in the prior fiscal year if the Secretary determines that the contractor did not meet the subcontracting goals negotiated in the plan for the prior fiscal year.”
“(f) Report—Not later than September 30, 2015, the Comptroller General of the United States shall submit a report on the results of the test program to the Committees on Armed Services and on Small Business of the House of Representatives and the Committees on Armed Services and on Small Business and Entrepreneurship of the Senate.”
“(g) Definitions—In this section, the term “covered small business concern” includes each of the following:
“(1) A small business concern, as that term is defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
“(2) A small business concern owned and controlled by veterans, as that term is defined in section 3(q)(3) of such Act (15 U.S.C. 632(q)(3)).
“(3) A small business concern owned and controlled by service-disabled veterans, as that term is defined in section 3(q)(2) of such Act (15 U.S.C. 632(q)(2)).
“(4) A qualified HUBZone small business concern, as that term is defined under section 3(p)(5) of such Act (15 U.S.C. 632(p)(5)).
“(5) A small business concern owned and controlled by socially and economically disadvantaged individuals, as that term is defined in section 8(d)(3)(C) of such Act (15 U.S.C. 637(d)(3)(C)).
“(6) A small business concern owned and controlled by women, as that term is defined under section 3(n) of such Act (15 U.S.C. 632(n)).”
“(s) Data quality improvement plan
“(1) In general—Not later than October 1, 2015, the Administrator of the Small Business Administration, in consultation with the Small Business Procurement Advisory Council, the Administrator for Federal Procurement Policy, and the Administrator of General Services, shall develop a plan to improve the quality of data reported on bundled or consolidated contracts in the Federal procurement data system (described in section 1122(a)(4)(A) of title 41, United States Code).
“(2) Plan requirements—The plan shall—
“(A) describe the roles and responsibilities of the Administrator of the Small Business Administration, each Director of Small and Disadvantaged Business Utilization, the Administrator for Federal Procurement Policy, the Administrator of General Services, senior procurement executives, and Chief Acquisition Officers in—
“(i) improving the quality of data reported on bundled or consolidated contracts in the Federal procurement data system; and
“(ii) contributing to the annual report required by subsection (p)(4);
“(B) recommend changes to policies and procedures, including training procedures of relevant personnel, to properly identify and mitigate the effects of bundled or consolidated contracts;
“(C) recommend requirements for periodic and statistically valid data verification and validation; and
“(D) recommend clear data verification responsibilities.
“(3) Plan submission—The Administrator of the Small Business Administration shall submit the plan to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate not later than December 1, 2016.
“(4) Definitions—In this subsection, the following definitions apply:
“(A) Chief Acquisition Officer; senior procurement executive—The terms Chief Acquisition Officer and senior procurement executive have the meanings given such terms in section 44(a) of this Act.
“(B) Bundled or consolidated contract—The term bundled or consolidated contract means a bundled contract (as defined in section 3(o)) or a contract resulting from the consolidation of contracting requirements (as defined in section 44(a)(2)).”
“(c) An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and on compliance with those requirements.”
“(E) each of the concerns is certified by a Federal agency, a State government, the Administrator, or a national certifying entity approved by the Administrator as a small business concern owned and controlled by women.”
“(7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women—A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women described in paragraph (2)(A) and certified under paragraph (2)(E) if—
“(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses described in paragraph (2)(A) will submit offers;
“(B) the anticipated award price of the contract (including options) will not exceed—
“(i) $6,500,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity; and
“(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
“(8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries—A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women certified under paragraph (2)(E) that is in an industry in which small business concerns owned and controlled by women are substantially underrepresented (as determined by the Administrator under paragraph (3)) if—
“(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses in an industry that has received a waiver under paragraph (3) will submit offers;
“(B) the anticipated award price of the contract (including options) will not exceed—
“(i) $6,500,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity; and
“(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.”
“(V) through sole source contracts awarded using the authority under subsection 8(m)(7);
“(VI) through sole source contracts awarded using the authority under section 8(m)(8);
“(VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and”
“11319. Resources, planning, and portfolio management
“(a) Definitions—In this section:
“(1) The term covered agency means each agency listed in section 901(b)(1) or 901(b)(2) of title 31.
“(2) The term information technology has the meaning given that term under capital planning guidance issued by the Office of Management and Budget.
“(b) Additional authorities for Chief Information Officers
“(1) Planning, programming, budgeting, and execution authorities for CIOs
“(A) In general—The head of each covered agency other than the Department of Defense shall ensure that the Chief Information Officer of the agency has a significant role in—
“(i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and
“(ii) the management, governance, and oversight processes related to information technology.
“(B) Budget formulation—The Director of the Office of Management and Budget shall require in the annual information technology capital planning guidance of the Office of Management and Budget the following:
“(i) That the Chief Information Officer of each covered agency other than the Department of Defense approve the information technology budget request of the covered agency, and that the Chief Information Officer of the Department of Defense review and provide recommendations to the Secretary of Defense on the information technology budget request of the Department.
“(ii) That the Chief Information Officer of each covered agency certify that information technology investments are adequately implementing incremental development, as defined in capital planning guidance issued by the Office of Management and Budget.
“(C) Review
“(i) In general—A covered agency other than the Department of Defense—
“(I) may not enter into a contract or other agreement for information technology or information technology services, unless the contract or other agreement has been reviewed and approved by the Chief Information Officer of the agency;
“(II) may not request the reprogramming of any funds made available for information technology programs, unless the request has been reviewed and approved by the Chief Information Officer of the agency; and
“(III) may use the governance processes of the agency to approve such a contract or other agreement if the Chief Information Officer of the agency is included as a full participant in the governance processes.
“(ii) Delegation
“(I) In general—Except as provided in subclause (II), the duties of a Chief Information Officer under clause (i) are not delegable.
“(II) Non-Major information technology investments—For a contract or agreement for a non-major information technology investment, as defined in the annual information technology capital planning guidance of the Office of Management and Budget, the Chief Information Officer of a covered agency other than the Department of Defense may delegate the approval of the contract or agreement under clause (i) to an individual who reports directly to the Chief Information Officer.
“(2) Personnel-related authority—Notwithstanding any other provision of law, for each covered agency other than the Department of Defense, the Chief Information Officer of the covered agency shall approve the appointment of any other employee with the title of Chief Information Officer, or who functions in the capacity of a Chief Information Officer, for any component organization within the covered agency.
“(c) Limitation—None of the authorities provided in this section shall apply to telecommunications or information technology that is fully funded by amounts made available—
“(1) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
“(2) under the Military Intelligence Program or any successor program or programs; or
“(3) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).”
“(1) Definitions—In this subsection:
“(A) The term “covered agency” means an agency listed in section 901(b)(1) or 901(b)(2) of title 31.
“(B) The term “major information technology investment” means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director.
“(C) The term “national security system” has the meaning provided in section 3542 of title 44.”
“(3) Public availability
“(A) In general—The Director shall make available to the public a list of each major information technology investment, without regard to whether the investments are for new information technology acquisitions or for operations and maintenance of existing information technology, including data on cost, schedule, and performance.
“(B) Agency information
“(i) The Director shall issue guidance to each covered agency for reporting of data required by subparagraph (A) that provides a standardized data template that can be incorporated into existing, required data reporting formats and processes. Such guidance shall integrate the reporting process into current budget reporting that each covered agency provides to the Office of Management and Budget, to minimize additional workload. Such guidance shall also clearly specify that the investment evaluation required under subparagraph (C) adequately reflect the investment’s cost and schedule performance and employ incremental development approaches in appropriate cases.
“(ii) The Chief Information Officer of each covered agency shall provide the Director with the information described in subparagraph (A) on at least a semi-annual basis for each major information technology investment, using existing data systems and processes.
“(C) Investment evaluation—For each major information technology investment listed under subparagraph (A), the Chief Information Officer of the covered agency, in consultation with other appropriate agency officials, shall categorize the investment according to risk, in accordance with guidance issued by the Director.
“(D) Continuous improvement—If either the Director or the Chief Information Officer of a covered agency determines that the information made available from the agency’s existing data systems and processes as required by subparagraph (B) is not timely and reliable, the Chief Information Officer, in consultation with the Director and the head of the agency, shall establish a program for the improvement of such data systems and processes.
“(E) Waiver or limitation authority—The applicability of subparagraph (A) may be waived or the extent of the information may be limited by the Director, if the Director determines that such a waiver or limitation is in the national security interests of the United States.
“(F) Additional limitation—The requirements of subparagraph (A) shall not apply to national security systems or to telecommunications or information technology that is fully funded by amounts made available—
“(i) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
“(ii) under the Military Intelligence Program or any successor program or programs; or
“(iii) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
“(4) Risk management—For each major information technology investment listed under paragraph (3)(A) that receives a high risk rating, as described in paragraph (3)(C), for 4 consecutive quarters—
“(A) the Chief Information Officer of the covered agency and the program manager of the investment within the covered agency, in consultation with the Administrator of the Office of Electronic Government, shall conduct a review of the investment that shall identify—
“(i) the root causes of the high level of risk of the investment;
“(ii) the extent to which these causes can be addressed; and
“(iii) the probability of future success;
“(B) the Administrator of the Office of Electronic Government shall communicate the results of the review under subparagraph (A) to—
“(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
“(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
“(iii) the committees of the Senate and the House of Representatives with primary jurisdiction over the agency;
“(C) in the case of a major information technology investment of the Department of Defense, the assessment required by subparagraph (A) may be accomplished in accordance with section 2445c of title 10, provided that the results of the review are provided to the Administrator of the Office of Electronic Government upon request and to the committees identified in subsection (B); and
“(D) for a covered agency other than the Department of Defense, if on the date that is one year after the date of completion of the review required under subsection (A), the investment is rated as high risk under paragraph (3)(C), the Director shall deny any request for additional development, modernization, or enhancement funding for the investment until the date on which the Chief Information Officer of the covered agency determines that the root causes of the high level of risk of the investment have been addressed, and there is sufficient capability to deliver the remaining planned increments within the planned cost and schedule.
“(5) Sunset of certain provisions—Paragraphs (1), (3), and (4) shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.”
“(c) Information technology portfolio, program, and resource reviews
“(1) Process—The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall implement a process to assist covered agencies in reviewing their portfolio of information technology investments—
“(A) to identify or develop ways to increase the efficiency and effectiveness of the information technology investments of the covered agency;
“(B) to identify or develop opportunities to consolidate the acquisition and management of information technology services, and increase the use of shared-service delivery models;
“(C) to identify potential duplication and waste;
“(D) to identify potential cost savings;
“(E) to develop plans for actions to optimize the information technology portfolio, programs, and resources of the covered agency;
“(F) to develop ways to better align the information technology portfolio, programs, and financial resources of the covered agency to any multi-year funding requirements or strategic plans required by law;
“(G) to develop a multi-year strategy to identify and reduce duplication and waste within the information technology portfolio of the covered agency, including component-level investments and to identify projected cost savings resulting from such strategy; and
“(H) to carry out any other goals that the Director may establish.
“(2) Metrics and performance indicators—The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall develop standardized cost savings and cost avoidance metrics and performance indicators for use by agencies for the process implemented under paragraph (1).
“(3) Annual review—The Chief Information Officer of each covered agency, in conjunction with the Chief Operating Officer or Deputy Secretary (or equivalent) of the covered agency and the Administrator of the Office of Electronic Government, shall conduct an annual review of the information technology portfolio of the covered agency.
“(4) Applicability to the Department of Defense—In the case of the Department of Defense, processes established pursuant to this subsection shall apply only to the business systems information technology portfolio of the Department of Defense and not to national security systems as defined by section 11103(a) of this title. The annual review required by paragraph (3) shall be carried out by the Deputy Chief Management Officer of the Department of Defense (or any successor to such Officer), in consultation with the Chief Information Officer, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and other appropriate Department of Defense officials. The Secretary of Defense may designate an existing investment or management review process to fulfill the requirement for the annual review required by paragraph (3), in consultation with the Administrator of the Office of Electronic Government.
“(5) Quarterly reports
“(A) In general—The Administrator of the Office of Electronic Government shall submit a quarterly report on the cost savings and reductions in duplicative information technology investments identified through the review required by paragraph (3) to—
“(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
“(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
“(iii) upon a request by any committee of Congress, to that committee.
“(B) Inclusion in other reports—The reports required under subparagraph (A) may be included as part of another report submitted to the committees of Congress described in clauses (i), (ii), and (iii) of subparagraph (A).
“(6) Sunset—This subsection shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.”
“(7) The term “grantee” means a person awarded a grant with an agency.”
“(Q) Costs incurred by a contractor in connection with a congressional investigation or inquiry into an issue that is the subject matter of a proceeding resulting in a disposition as described in subsection (k)(2).”
“2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers
“(a) In general—There shall be credited to the applicable appropriations account or fund from which the expenses described in subsection (b) were charged any amounts received by the Department of Defense as reimbursement for such expenses.
“(b) Description of expenses—The expenses referred to in subsection (a) are any expenses—
“(1) incurred by the Department of Defense as a result of providing assistance to a nongovernmental entertainment-oriented media producer;
“(2) for which the Department of Defense requires reimbursement under section 9701 of title 31 or any other provision of law; and
“(3) for which the Department of Defense received reimbursement after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.”
“132a. Under Secretary of Defense for Business Management and Information
“(a) There is an Under Secretary of Defense for Business Management and Information, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(b) The Under Secretary also serves as—
“(1) the Performance Improvement Officer of the Department of Defense; and
“(2) the Chief Information Officer of the Department of Defense.
“(c) Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense in the role of the Deputy Secretary as the Chief Management Officer of the Department of Defense, the Under Secretary of Defense for Business Management and Information shall perform such duties and exercise such powers as the Secretary of Defense may prescribe, including the following:
“(1) Assisting the Deputy Secretary of Defense in the Deputy Secretary’s role as the Chief Management Officer of the Department of Defense under section 132(c) of this title.
“(2) Supervising the management of the business operations of the Department of Defense and adjudicating issues and conflicts in functional domain business policies.
“(3) Establishing business strategic planning and performance management policies and measures and developing the Department of Defense Strategic Management Plan.
“(4) Establishing business information technology portfolio policies and overseeing investment management of that portfolio for the Department of Defense.
“(5) Establishing end-to-end business process and policies for establishing, eliminating, and implementing business standards, and managing the Business Enterprise Architecture.
“(6) Supervising the business process reengineering of the functional domains of the Department in order to support investment planning and technology development decision making for information technology systems.
“(d) The Under Secretary of Defense for Business Management and Information takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.”
“(A) The Under Secretary of Defense for Business Management and Information.”
“142. Chief Information Officer
“(a) There is a Chief Information Officer of the Department of Defense.
“(b)
“(1) The Chief Information Officer of the Department of Defense—
“(A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44;
“(B) has the responsibilities and duties specified in section 11315 of title 40;
“(C) has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title; and
“(D) exercises authority, direction, and control over the Information Assurance Directorate of the National Security Agency.
“(2) The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
“(c) The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in section 131(b)(4) and the Chief Information Officer of the Department of Defense take precedence among themselves in the order prescribed by the Secretary of Defense.”
“(5) The Chief Information Officer of the Department of Defense.”
“(9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary—
“(A) is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to energy, installations, and environment; and
“(B) is the principal advisor to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs.”
“2926. Operational energy activities”
“(4) Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that were reviewed by the Assistant Secretary under paragraph (3).
“(5) For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is not adequate for implementation of the strategy, the report shall include the following:
“(A) A copy of the report set forth in paragraph (3).
“(B) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budget.
“(C) An appendix prepared by the Chairman of the Joint Chiefs of Staff describing—
“(i) the progress made by the Joint Requirements Oversight Council in implementing the energy Key Performance Parameter; and
“(ii) details regarding how operational energy is being addressed in defense planning, scenarios, support to strategic analysis, and resulting policy to improve combat capability.
“(D) An appendix prepared by the Under Secretary of Defense for Acquisition, Technology, and Logistics certifying that and describing how the acquisition system is addressing operational energy in the procurement process, including long-term sustainment considerations, and how programs are extending combat capability as a result of these considerations.
“(E) A separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Assistant Secretary in carrying out the duties of the Assistant Secretary.
“(F) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.
“(6) For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is adequate for implementation of the strategy, the report shall include the items set forth in subparagraphs (C), (D), and (E) of paragraph (5).”
“(3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.”
“(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.”
“(2) One of the Assistant Secretaries is the Assistant Secretary of Defense for Manpower and Reserve Affairs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Manpower and Reserve Affairs shall have as the principal duty of such Assistant Secretary the overall supervision of manpower and reserve affairs of the Department of Defense.”
“10201. Assistant Secretary of Defense for Manpower and Reserve Affairs
“As provided in section 138(b)(2) of this title, the official in the Department of Defense with responsibility for overall supervision of reserve affairs of the Department of Defense is the Assistant Secretary of Defense for Manpower and Reserve Affairs.”
“(F) A description of how the plan supports or affects current Department of Defense strategic guidance, policy, and mission requirements, including the quadrennial defense review, the Unified Command Plan, and the strategic choices and management review.
“(G) A description of the associated costs specifically addressed by the savings.”
“(1) Each strategic workforce plan under subsection (a) shall—
“(A) specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and
“(B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community.”
“(f) Highly qualified experts
“(1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprising highly qualified experts appointed pursuant to section 9903 of title 5 (in this subsection referred to as the “HQE workforce”).
“(2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce—
“(A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition;
“(B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;
“(C) any incentives necessary to attract or retain HQE personnel;
“(D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and
“(E) any legislative actions that may be necessary to achieve HQE workforce goals.”
“(h) Definitions—In this section:
“(1) The term senior management workforce of the Department of Defense includes the following categories of Department of Defense civilian personnel:
“(A) Appointees in the Senior Executive Service under section 3131 of title 5.
“(B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.
“(2) The term senior functional and technical workforce of the Department of Defense includes the following categories of Department of Defense civilian personnel:
“(A) Persons serving in positions described in section 5376(a) of title 5.
“(B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A–315)).
“(C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
“(D) Persons serving in Intelligence Senior Level positions under section 1607 of this title.
“(3) The term acquisition workforce includes individuals designated under section 1721 of this title as filling acquisition positions.”
“(1)
“(A) The Administrator of General Services shall conduct periodic investigations of the cost of travel and the operation of privately owned airplanes and privately owned motorcycles by employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year.”
“(i) shall provide that the mileage reimbursement rate for privately owned automobiles, as provided in section 5704(a)(1), is the single standard mileage rate established by the Internal Revenue Service referred to in that section, and”
“(a) Responsibility for Missing Persons
“(1)
“(A) The Secretary of Defense shall designate a single organization within the Department of Defense to have responsibility for Department matters relating to missing persons, including accounting for missing persons and persons whose remains have not been recovered from the conflict in which they were lost.
“(B) The organization designated under this paragraph shall be a Defense Agency or other entity of the Department of Defense outside the military departments and is referred to in this chapter as the “designated Defense Agency”.
“(C) The head of the organization designated under this paragraph is referred to in this chapter as the “designated Agency Director”.
“(2) Subject to the authority, direction, and control of the Secretary of Defense, the responsibilities of the designated Agency Director shall include the following:
“(A) Policy, control, and oversight within the Department of Defense of the entire process for investigation and recovery related to missing persons, including matters related to search, rescue, escape, and evasion.
“(B) Policy, control, and oversight of the program established under section 1509 of this title.
“(C) Responsibility for accounting for missing persons, including locating, recovering, and identifying missing persons or their remains after hostilities have ceased.
“(D) Coordination for the Department of Defense with other departments and agencies of the United States on all matters concerning missing persons.
“(E) Dissemination of appropriate information on the status of missing persons to authorized family members.
“(F) Establishment of a means for communication between officials of the designated Defense Agency and family members of missing persons, veterans service organizations, concerned citizens, and the public on the Department’s efforts to account for missing persons, including a readily available means for communication of their views and recommendations to the designated Agency Director.
“(3) In carrying out the responsibilities established under this subsection, the designated Agency Director shall be responsible for the coordination for such purposes within the Department of Defense among the military departments, the Joint Staff, and the commanders of the combatant commands.
“(4) The designated Agency Director shall establish policies, which shall apply uniformly throughout the Department of Defense, for personnel recovery (including search, rescue, escape, and evasion) and for personnel accounting (including locating, recovering, and identifying missing persons or their remains after hostilities have ceased).
“(5) The designated Agency Director shall establish procedures to be followed by Department of Defense boards of inquiry, and by officials reviewing the reports of such boards, under this chapter.”
“1501a. Public-private partnerships; other forms of support
“(a) Public-private partnerships—The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (e)(1) shall include provisions for the establishment and implementation of such partnerships.
“(b) Acceptance of voluntary personal services—The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title.
“(c) Cooperative agreements and grants
“(1) In general—The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for purposes related to support of the activities of the designated Defense Agency.
“(2) Inapplicability of certain contract requirements—Notwithstanding section 2304(k) of this title, the Secretary may enter such cooperative agreements or grants on a sole-source basis pursuant to section 2304(c)(5) of this title.
“(d) Use of department of defense personal property—The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency.
“(e) Regulations
“(1) In general—The Secretary of Defense shall prescribe regulations to implement this section.
“(2) Limitation—Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program.
“(f) Definitions—In this section:
“(1) Cooperative agreement—The term cooperative agreement means an authorized cooperative agreement as described in section 6305 of title 31.
“(2) Grant—The term grant means an authorized grant as described in section 6304 of title 31.”
“(2)
“(A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall include the identification of remains in support of the function of the designated Agency Director to account for unaccounted for persons covered by subsection (a).
“(B) In carrying out functions under this chapter, the medical examiner so assigned or detailed shall report to the designated Agency Director.
“(C) The medical examiner so assigned or detailed shall—
“(i) exercise scientific identification authority;
“(ii) establish identification and laboratory policy consistent with the Armed Forces Medical Examiner System; and
“(iii) advise the designated Agency Director on forensic science disciplines.
“(D) Nothing in this chapter shall be interpreted as affecting the authority of the Armed Forces Medical Examiner under section 1471 of this title.”
“(4) The Secretary of Defense shall establish and maintain a single centralized database and case management system containing information on all missing persons for whom a file has been established under this subsection. The database and case management system shall be accessible to all elements of the Department of Defense involved in the search, recovery, identification, and communications phases of the program established by this section.”
“(3) In carrying out the program, the designated Agency Director shall coordinate all external communications and events associated with the program.”
“1509. Program to resolve missing person cases”
“(j) Definition of transnational organized crime—In this section, the term “transnational organized crime” means self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, monetary, or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organization structure and the exploitation of transnational commerce or communication mechanisms.”
“1004. Additional support for counter-drug activities and activities to counter transnational organized crime”
“(e) Availability of funds—Of the amount authorized to be appropriated for any fiscal year after fiscal year 2014 in which the authority under this section is in effect for drug interdiction and counter-drug activities, an amount not to exceed $125,000,000 shall be available in such fiscal year for the provision of support under this section.”
“(e) Definitions
“(1) In this section, the term “transnational organized crime” has the meaning given such term in section 1004(j) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 374 note).
“(2) For purposes of applying the definition of transnational organized crime under paragraph (1) to this section, the term “illegal means”, as it appears in such definition, includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense.”
“(4) The term “combatant and support vessel” means any commissioned ship built or armed for naval combat or any naval ship designed to provide support to combatant ships and other naval operations. Such term does not include patrol coastal ships, non-commissioned combatant craft specifically designed for combat roles, or ships that are designated for potential mobilization.”
“2218a. National Sea-Based Deterrence Fund
“(a) Establishment—There is established in the Treasury of the United States a fund to be known as the “National Sea-Based Deterrence Fund”.
“(b) Administration of fund—The Secretary of Defense shall administer the Fund consistent with the provisions of this section.
“(c) Fund purposes
“(1) Funds in the Fund shall be available for obligation and expenditure only for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
“(2) Funds in the Fund may not be used for a purpose or program unless the purpose or program is authorized by law.
“(d) Deposits—There shall be deposited in the Fund all funds appropriated to the Department of Defense for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
“(e) Expiration of funds after 5 years—No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law.
“(f) Budget requests—Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
“(g) Definitions—In this section:
“(1) The term Fund means the National Sea-Based Deterrence Fund established by subsection (a).
“(2) The term national sea-based deterrence vessel means any vessel owned, operated, or controlled by the Department of Defense that carries operational intercontinental ballistic missiles.”
“9516. Airlift service
“(a) Interstate Transportation
“(1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that—
“(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
“(B) holds a certificate issued under section 41102 of title 49.
“(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of title 49 to provide airlift service.
“(b) Transportation Between the United States and Foreign Locations—Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).
“(c) Transportation Between Foreign Locations—The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.
“(d) Exception—When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 of title 49 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.
“(e) CRAF-eligible Aircraft Defined—In this section, CRAF-eligible aircraft means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.”
“(10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.”
“(4) For military transportation services provided in support of foreign military sales.
“(5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).
“(6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.”
“(b) Termination of authority for certain categories of transportation—The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019.”
“2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate”
“(7) Chief of the National Guard Bureau.”
“(c) Congressional notice—Not later than 15 days before assigning a civilian employee of the Department of Defense as an advisor to a regional organization with a security mission under subsection (a), the Secretary shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a notification of such assignment. Such a notification shall include each of the following:
“(1) A statement of the intent of the Secretary to assign the employee as an advisor to the regional organization.
“(2) The name of the regional organization and the location and duration of the assignment.
“(3) A description of the assignment, including a description of the training or assistance proposed to be provided to the regional organization, the justification for the assignment, a description of the unique capabilities the employee can provide to the regional organization, and a description of how the assignment serves the national security interests of the United States.
“(4) Any other information relating to the assignment that the Secretary of Defense considers appropriate.”
“1081. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and regional organizations”
“118. Defense Strategy Review
“(a) Defense Strategy Review
“(1) Review required—Every four years, during a year following a year evenly divisible by four, the Secretary of Defense shall conduct a comprehensive examination (to be known as a “Defense Strategy Review”) of the national defense strategy, force structure, modernization plans, posture, infrastructure, budget plan, and other elements of the defense program and policies of the United States with a view toward determining and expressing the defense strategy of the United States and establishing a defense program. Each such Defense Strategy Review shall be conducted in consultation with the Chairman of the Joint Chiefs of Staff.
“(2) Conduct of review—Each Defense Strategy Review shall be conducted so as to—
“(A) delineate a national defense strategy in support of the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);
“(B) provide a mechanism for—
“(i) setting priorities for sizing and shaping the force, guiding the development and sustainment of capabilities, allocating resources, and adjusting the organization of the Department of Defense to respond to changes in the strategic environment;
“(ii) monitoring, assessing, and holding accountable agencies within the Department of Defense for the development of policies and programs that support the national defense strategy;
“(iii) integrating and supporting other national and related interagency security policies and strategies with other Department of Defense guidance, plans, and activities; and
“(iv) communicating such national defense strategy to Congress, relevant United States Government agencies, allies and international partners, and the private sector;
“(C) consider three general timeframes of the near-term (associated with the future-years defense program), mid-term (10 to 15 years), and far-term (20 years);
“(D) address the security environment, threats, trends, opportunities, and challenges, and define the nature and magnitude of the strategic and military risks associated with executing the national defense strategy by using the most recent net assessment submitted by the Secretary of Defense under section 113 of this title, the risk assessment submitted by Chairman of the Joint Chiefs of Staff under section 153 of this title, and, as determined necessary or useful by the Secretary, any other Department of Defense, Government, or non-government strategic or intelligence estimate, assessment, study, or review;
“(E) define the force size and structure, capabilities, modernization plans, posture, infrastructure, readiness, organization, and other elements of the defense program of the Department of Defense that would be required to execute missions called for in such national defense strategy;
“(F) to the extent practical, estimate the budget plan sufficient to execute the missions called for in such national defense strategy;
“(G) define the nature and magnitude of the strategic and military risks associated with executing such national defense strategy; and
“(H) understand the relationships and tradeoffs between missions, risks, and resources.
“(3) Submission of report on defense strategy review to congressional committees—The Secretary shall submit a report on each Defense Strategy Review to the Committees on Armed Services of the Senate and the House of Representatives. Each such report shall be submitted by not later than March 1 of the year following the year in which the review is conducted. If the year in which the review is conducted is in the second term of a President, the Secretary may submit an update to the Defense Strategy Review report submitted during the first term of that President.
“(4) Elements—The report required by paragraph (3) shall provide a comprehensive discussion of the Review, including each of the following:
“(A) The national defense strategy of the United States.
“(B) The assumed or defined prioritized national security interests of the United States that inform the national defense strategy defined in the Review.
“(C) The assumed strategic environment, including the threats, developments, trends, opportunities, and challenges that affect the assumed or defined national security interests of the United States.
“(D) The assumed steady state activities, crisis and conflict scenarios, military end states, and force planning construct examined in the review.
“(E) The prioritized missions of the armed forces under the strategy and a discussion of the roles and missions of the components of the armed forces to carry out those missions.
“(F) The assumed roles and capabilities provided by other United States Government agencies and by allies and international partners.
“(G) The force size and structure, capabilities, posture, infrastructure, readiness, organization, and other elements of the defense program that would be required to execute the missions called for in the strategy.
“(H) An assessment of the significant gaps and shortfalls between the force size and structure, capabilities, and additional elements as required by subparagraph (G) and the current elements in the Department’s existing program of record, a prioritization of those gaps and shortfalls, and an understanding of the relationships and tradeoffs between missions, risks, and resources.
“(I) An assessment of the risks assumed by the strategy, including—
“(i) how the Department defines, categorizes, and measures risk, including strategic and military risk; and
“(ii) the plan for mitigating major identified risks, including the expected timelines for, and extent of, any such mitigation, and the rationale for where greater risk is accepted.
“(J) Any other key assumptions and elements addressed in the review or that the Secretary considers necessary to include.
“(5) CJCS Review
“(A) Upon the completion of each Review under this subsection, the Chairman of the Joint Chiefs of Staff shall prepare and submit to the Secretary of Defense the Chairman’s assessment of risks under the defense strategy developed by the Review and a description of the capabilities needed to address such risks.
“(B) The Chairman’s assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report on the Review required by paragraph (3). The Secretary shall include the Chairman’s assessment, together with the Secretary’s comments, in the report in its entirety.
“(6) Form—The report required under paragraph (3) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary to protect national security.
“(b) National Defense Panel
“(1) Establishment—Not later than February 1 of a year following a year evenly divisible by four, there shall be established an independent panel to be known as the National Defense Panel (in this subsection referred to as the “Panel”). The Panel shall have the duties set forth in this subsection.
“(2) Membership—The Panel shall be composed of ten members from private civilian life who are recognized experts in matters relating to the national security of the United States. Eight of the members shall be appointed as follows:
“(A) Two by the chairman of the Committee on Armed Services of the House of Representatives.
“(B) Two by the chairman of the Committee on Armed Services of the Senate.
“(C) Two by the ranking member of the Committee on Armed Services of the House of Representatives.
“(D) Two by the ranking member of the Committee on Armed Services of the Senate.
“(3) Co-chairs of the panel—In addition to the members appointed under paragraph (2), the Secretary of Defense shall appoint two members from private civilian life to serve as co-chairs of the panel.
“(4) Period of appointment; vacancies—Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment.
“(5) Duties—The Panel shall have the following duties with respect to a Defense Strategy Review conducted under subsection (a):
“(A) Assessing the current and future security environment, including threats, trends, developments, opportunities, challenges, and risks, by using the most recent net assessment submitted by the Secretary of Defense under section 113 of this title, the risk assessment submitted by Chairman of the Joint Chiefs of Staffs under section 153 of this title, and, as determined necessary or useful by the Panel, any other Department of Defense, Government, or non-government strategic or intelligence estimate, assessment, study, review, or expert.
“(B) Suggesting key issues that should be addressed in the Defense Strategy Review.
“(C) Based upon the assessment under subparagraph (A), identifying and discussing the national security interests of the United States and the role of the armed forces and the Department of Defense related to the protection or promotion of those interests.
“(D) Assessing the report on the Defense Strategy Review submitted by the Secretary of Defense under subsection (a)(3).
“(E) Assessing the assumptions, strategy, findings, and risks of the report on the Defense Strategy Review submitted under subsection (a)(3).
“(F) Considering alternative defense strategies.
“(G) Assessing the force structure and capabilities, posture, infrastructure, readiness, organization, budget plans, and other elements of the defense program of the United States to execute the missions called for in the Defense Strategy Review and in the alternative strategies considered under subparagraph (F).
“(H) Providing to Congress and the Secretary of Defense, in the report required by paragraph (7), any recommendations it considers appropriate for their consideration.
“(6) First meeting—If the Secretary of Defense has not made the Secretary’s appointments to the Panel under paragraph (3) by March 1 of a year in which the Panel is established, the Panel shall convene for its first meeting with the remaining members.
“(7) Reports—Not later than three months after the date on which the report on a Defense Strategy Review is submitted under paragraph (3) of subsection (a) to the committees of Congress referred to in such paragraph, the Panel shall submit to such committees a report on the Panel’s assessment of such Defense Strategy Review, as required by paragraph (5).
“(8) Administrative provisions—The following administrative provisions apply to a Panel established under paragraph (1):
“(A) The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.
“(B) Upon the request of the co-chairs, the Secretary of Defense shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense.
“(C) The Panel shall have the authorities provided in section 3161 of title 5 and shall be subject to the conditions set forth in such section.
“(D) Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.
“(9) Termination—A Panel established under paragraph (1) shall terminate 45 days after the date on which the Panel submits its report on a Defense Strategy Review under paragraph (7).”
“481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees
“(a) In general
“(1) The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of Defense to solicit information on gender issues, including issues relating to gender-based assault, harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department.
“(2) Each survey under this section shall be known as a “Department of Defense Civilian Employee Workplace and Gender Relations Survey”.
“(b) Elements—Each survey conducted under this section shall be conducted so as to solicit information on the following:
“(1) Indicators of positive and negative trends for professional and personal relationships between male and female civilian employees of the Department of Defense.
“(2) The specific types of assault on civilian employees of the Department by other personnel of the Department (including contractor personnel) that have occurred, and the number of times each respondent has been so assaulted during the preceding fiscal year.
“(3) The effectiveness of Department policies designed to improve professional relationships between male and female civilian employees of the Department.
“(4) The effectiveness of current processes for complaints on and investigations into gender-based assault, harassment, and discrimination involving civilian employees of the Department.
“(5) Any other issues relating to assault, harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate.
“(c) Report to Congress—Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.”
“(c) Time requirements
“(1) Except as provided under paragraph (2), an insurance claim made under this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation within two years after the date on which the loss event occurred. Any civil action arising out of the denial of such a claim shall be filed by not later than six months after the date of the mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.
“(2)
“(A) For claims based on liability to persons with whom the insured has no privity of contract, an insurance claim made under the authority of this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation by not later than the earlier of—
“(i) the date that is 60 days after the date on which final judgment is entered by a tribunal of competent jurisdiction; or
“(ii) the date that is six years after the date on which the loss event occurred.
“(B) Any civil action arising out of the denial of such claim shall be filed by not later than six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.
“(3) A claim made under this chapter shall be deemed to be administratively denied if the Secretary fails to make a final disposition of the claim before the date that is 6 months after the date on which the claim is presented to the Secretary, unless the Secretary makes a different agreement with the claimant when there is good cause for an agreement.”
“(18) The Army Research Institute for the Behavioral and Social Sciences.
“(19) The Space and Missile Defense Command Technical Center.”
“(3) Students enrolled in scientific and engineering programs—The director of any STRL may appoint qualified candidates enrolled in a program of undergraduate or graduate instruction leading to a bachelor's or an advanced degree in a scientific, technical, engineering or mathematical course of study at an institution of higher education (as that term is defined in section 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title).”
“(3) Candidates enrolled in scientific and engineering programs—The positions described in this paragraph are scientific and engineering positions that may be temporary or term in any laboratory designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department of Defense science and technology reinvention laboratory.”
“(3) In the case of a laboratory described in subsection (b)(3), with respect to appointment authority under subsection (a)(3), the number equal to 3 percent of the total number of scientific and engineering positions in such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.”
“(A) Equipment, including routine maintenance and repair of such equipment.
“(B) Supplies.
“(C) With respect to amounts in the Fund appropriated or transferred into the Fund after the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, small-scale construction not exceeding $750,000 on a per-project basis.
“(D) Training.”
“(1) In general—Except as provided in paragraph (2), amounts”
“(2) Exception—Amounts appropriated and transferred to the Fund before the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 shall remain available for obligation and expenditure after September 30, 2015, only for activities under programs commenced under subsection (b) before September 30, 2015.”
“(A) The travel is in support of the national interests of the United States.
“(B) The commander of the relevant combatant command or the Chairman of the Joint Chiefs of Staff, as applicable, directs round-trip travel from the assigned location to one or more travel locations.”
“(d) Limitation and oversight
“(1) The amount of unreimbursed support for any liaison officer supported under subsection (b)(1) in any fiscal year may not exceed $200,000 (in fiscal year 2014 constant dollars).
“(2) The Chairman of the Joint Chiefs of Staff shall be responsible for implementing the authority under this section.”
“(e) Secretary of state coordination—The authority of the Secretary of Defense to provide administrative services and support under subsection (a) for the performance of duties by a liaison officer of another nation may be exercised only with respect to a liaison officer of another nation whose assignment as described in that subsection is accepted by the Secretary of Defense with the coordination of the Secretary of State.”
“2249e. Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights
“(a) In general
“(1) Of the amounts made available to the Department of Defense, none may be used for any training, equipment, or other assistance for a unit of a foreign security force if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights.
“(2) The Secretary of Defense shall, in consultation with the Secretary of State, ensure that prior to a decision to provide any training, equipment, or other assistance to a unit of a foreign security force full consideration is given to any credible information available to the Department of State relating to human rights violations by such unit.
“(b) Exception—The prohibition in subsection (a)(1) shall not apply if the Secretary of Defense, after consultation with the Secretary of State, determines that the government of such country has taken all necessary corrective steps, or if the equipment or other assistance is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.
“(c) Waiver—The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a)(1) if the Secretary determines that the waiver is required by extraordinary circumstances.
“(d) Procedures—The Secretary of Defense shall establish, and periodically update, procedures to ensure that any information in the possession of the Department of Defense about gross violations of human rights by units of foreign security forces is shared on a timely basis with the Department of State.
“(e) Report—Not later than 15 days after the application of any exception under subsection (b) or the exercise of any waiver under subsection (c), the Secretary of Defense shall submit to the appropriate committees of Congress a report—
“(1) in the case of an exception under subsection (b), providing notice of the use of the exception and stating the grounds for the exception; and
“(2) in the case of a waiver under subsection (c), describing—
“(A) the information relating to the gross violation of human rights;
“(B) the extraordinary circumstances that necessitate the waiver;
“(C) the purpose and duration of the training, equipment, or other assistance; and
“(D) the United States forces and the foreign security force unit involved.
“(f) Appropriate committees of Congress defined—In this section, the term appropriate committees of Congress means—
“(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
“(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.”
“2282. Authority to build the capacity of foreign security forces
“(a) Authority—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to conduct or support a program or programs as follows:
“(1) To build the capacity of a foreign country's national military forces in order for that country to—
“(A) conduct counterterrorism operations; or
“(B) participate in or support on-going allied or coalition military or stability operations that benefit the national security interests of the United States.
“(2) To build the capacity of a foreign country's national maritime or border security forces to conduct counterterrorism operations.
“(3) To build the capacity of a foreign country's national-level security forces that have among their functional responsibilities a counterterrorism mission in order for such forces to conduct counterterrorism operations.
“(b) Types of capacity building
“(1) Authorized elements—A program under subsection (a) may include the provision of equipment, supplies, training, defense services, and small-scale military construction.
“(2) Required elements—A program under subsection (a) shall include elements that promote the following:
“(A) Observance of and respect for human rights and fundamental freedoms.
“(B) Respect for civilian control of the military.
“(c) Limitations
“(1) Annual funding limitation—The Secretary of Defense may use amounts specifically authorized and appropriated or otherwise made available to carry out programs under this section on an annual basis to carry out programs authorized by subsection (a).
“(2) Assistance otherwise prohibited by law—The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.
“(3) Limitation on eligible countries—The Secretary of Defense may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
“(4) Availability of funds for activities across fiscal years
“(A) In general—Amounts made available in a fiscal year to carry out the authority in subsection (a) may be used for programs under that authority that begin in the fiscal year such amounts are made available but end in the next fiscal year.
“(B) Achievement of full operational capability—If, in accordance with subparagraph (A), equipment is delivered under a program under the authority in subsection (a) in the fiscal year after the fiscal year in which the program begins, amounts for supplies, training, defense services, and small-scale military construction associated with such equipment and necessary to ensure that the recipient unit achieves full operational capability for such equipment may be used in the fiscal year in which the foreign country takes receipt of such equipment and in the next fiscal year.
“(5) Limitations on availability of funds for small-scale military construction
“(A) Activities under particular programs—The amount that may be obligated or expended for small-scale military construction activities under any particular program authorized under subsection (a) may not exceed $750,000.
“(B) Activities under all programs—The amount that may be obligated or expended for small-scale military construction activities during a fiscal year for all programs authorized under subsection (a) during that fiscal year may not exceed up to five percent of the amount made available in such fiscal year to carry out the authority in subsection (a).
“(d) Formulation and execution of program—The Secretary of Defense and the Secretary of State shall jointly formulate any program under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program under subsection (a).
“(e) Congressional notification
“(1) In general—Not less than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notice of the following:
“(A) The country whose capacity to engage in activities in subsection (a) will be built under the program.
“(B) The budget, implementation timeline with milestones, anticipated delivery schedule for assistance, military department responsible for management and associated program executive office, and completion date for the program.
“(C) The source and planned expenditure of funds to complete the program.
“(D) A description of the arrangements, if any, for the sustainment of the program and the source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable.
“(E) A description of the program objectives and assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient unit.
“(F) Information, including the amount, type, and purpose, on the assistance provided the country during the three preceding fiscal years under each of the following programs, accounts, or activities:
“(i) A program under this section.
“(ii) The Foreign Military Financing program under the Arms Export Control Act.
“(iii) Peacekeeping Operations.
“(iv) The International Narcotics Control and Law Enforcement (INCLE) program under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291).
“(v) Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR).
“(vi) Counterdrug activities authorized by section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) and section 1033 of the National Defense Authorization Act for Fiscal Year 1998.
“(vii) Any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate.
“(G) An assessment of the capacity of the recipient country to absorb assistance under the program.
“(H) An assessment of the manner in which the program fits into the theater security cooperation strategy of the applicable geographic combatant command.
“(2) Coordination with Secretary of State—Any notice under paragraph (1) shall be prepared in coordination with the Secretary of State.
“(f) Assessments of programs—Amounts available to conduct or support programs under subsection (a) shall be available to the Secretary of Defense to conduct assessments and determine the effectiveness of such programs in building the operational capacity and performance of the recipient units concerned.
“(g) Appropriate committees of Congress defined—In this section, the term appropriate committees of Congress means—
“(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
“(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.”
“(ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year—
“(I) by, or on behalf of, the United States Government; or
“(II) by the International Security Assistance Force in a capacity that required the alien—
“(aa) while traveling off-base with United States military personnel stationed at International Security Assistance Force, to serve as an interpreter or translator for such United States military personnel; or
“(bb) to perform sensitive and trusted activities for United States military personnel stationed at International Security Assistance Force;”
“(F) Fiscal years 2015 and 2016—In addition to any unused balance under subparagraph (D), for the period beginning on the date of the enactment of this subparagraph and ending on September 30, 2016, the total number of principal aliens who may be provided special immigrant status under this section shall not exceed 4,000. For purposes of status provided under this subparagraph—
“(i) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before September 30, 2015;
“(ii) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2015; and
“(iii) the authority to issue visas shall commence on the date of the enactment of this subparagraph and shall terminate on March 31, 2017.”
“(14) Report—Not later than 60 days after the date of the enactment of this paragraph, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives containing the following information:
“(A) The occupations of aliens who—
“(i) were provided special immigrant status under this section; and
“(ii) were considered principal aliens for such purpose.
“(B) The number of appeals submitted under paragraph (2)(D)(ii)(I)(bb) from application denials by the Chief of Mission and the number of those applications that were approved pursuant to the appeal.
“(C) The number of applications denied by the Chief of Mission on the basis of derogatory information that were appealed and the number of those applications that were approved pursuant to the appeal.
“(D) The number of applications denied by the Chief of Mission on the basis that the applicant did not establish faithful and valuable service to the United States Government that were appealed and the number of those applications that were approved pursuant to the appeal.
“(E) The number of applications denied by the Chief of Mission for failure to establish the one-year period of employment required that were appealed and the number of those applications that were approved pursuant to the appeal.
“(F) The number of applications denied by the Chief of Mission for failure to establish employment by or on behalf of the United States Government that were appealed and the number of those applications that were approved pursuant to the appeal.
“(G) The number of special immigrant status approvals revoked by the Chief of Mission and the reason for each revocation.
“(H) The number of special immigrant status approvals revoked by the Chief of Mission that were appealed and the number of those revocations that were overturned pursuant to the appeal.”
“(A) The role of the People’s Republic of China in the proliferation of weapons of mass destruction and other weapon systems (including systems and technologies of a dual use nature), including actions the United States might take to encourage the People’s Republic of China to cease such practices.
“(B) The qualitative and quantitative nature of the transfer of United States production activities to the People’s Republic of China, including the relocation of manufacturing, advanced technology and intellectual property, and research and development facilities, the impact of such transfers on the national security of the United States (including the dependence of the national security industrial base of the United States on imports from China), the economic security of the United States, and employment in the United States, and the adequacy of United States export control laws in relation to the People's Republic of China.
“(C) The effects of the need for energy and natural resources in the People’s Republic of China on the foreign and military policies of the People's Republic of China, the impact of the large and growing economy of the People’s Republic of China on world energy and natural resource supplies, prices, and the environment, and the role the United States can play (including through joint research and development efforts and technological assistance) in influencing the energy and natural resource policies of the People’s Republic of China.
“(D) Foreign investment by the United States in the People’s Republic of China and by the People’s Republic of China in the United States, including an assessment of its economic and security implications, the challenges to market access confronting potential United States investment in the People’s Republic of China, and foreign activities by financial institutions in the People's Republic of China.
“(E) The military plans, strategy and doctrine of the People’s Republic of China, the structure and organization of the People's Republic of China military, the decision-making process of the People's Republic of China military, the interaction between the civilian and military leadership in the People's Republic of China, the development and promotion process for leaders in the People's Republic of China military, deployments of the People's Republic of China military, resources available to the People's Republic of China military (including the development and execution of budgets and the allocation of funds), force modernization objectives and trends for the People's Republic of China military, and the implications of such objectives and trends for the national security of the United States.
“(F) The strategic economic and security implications of the cyber capabilities and operations of the People’s Republic of China.
“(G) The national budget, fiscal policy, monetary policy, capital controls, and currency management practices of the People's Republic of China, their impact on internal stability in the People’s Republic of China, and their implications for the United States.
“(H) The drivers, nature, and implications of the growing economic, technological, political, cultural, people-to-people, and security relations of the People’s Republic of China’s with other countries, regions, and international and regional entities (including multilateral organizations), including the relationship among the United States, Taiwan, and the People’s Republic of China.
“(I) The compliance of the People’s Republic of China with its commitments to the World Trade Organization, other multilateral commitments, bilateral agreements signed with the United States, commitments made to bilateral science and technology programs, and any other commitments and agreements strategic to the United States (including agreements on intellectual property rights and prison labor imports), and United States enforcement policies with respect to such agreements.
“(J) The implications of restrictions on speech and access to information in the People’s Republic of China for its relations with the United States in economic and security policy, as well as any potential impact of media control by the People's Republic of China on United States economic interests.
“(K) The safety of food, drug, and other products imported from China, the measures used by the People's Republic of China Government and the United States Government to monitor and enforce product safety, and the role the United States can play (including through technical assistance) to improve product safety in the People’s Republic of China.”
“(C) For each specified geographic area, a description of the following:
“(i) The feasibility of conducting multilateral programs to train and equip the military forces of relevant countries in the area.
“(ii) The authority and funding that would be required to support such programs.
“(iii) How such programs would be implemented.
“(iv) How such programs would support the national security priorities and interests of the United States and complement other efforts of the United States Government in the area and in other specified geographic areas.”
“(4) Report
“(A) In general—Not later than 180 days after the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, the President shall submit to the appropriate congressional committees a report that contains a detailed summary of the national security planning guidance required under paragraph (1), including any updates thereto.
“(B) Form—The report may include a classified annex as determined to be necessary by the President.
“(C) Definition—In this paragraph, the term “appropriate congressional committees” means—
“(i) the congressional defense committees; and
“(ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”
“(8) Whether the person is included on any of the following lists maintained by the Office of Foreign Assets Control of the Department of the Treasury:
“(A) The specially designated nationals and blocked persons list (commonly known as the “SDN list”).
“(B) The sectoral sanctions identification list.
“(C) The foreign sanctions evaders list.
“(D) The list of persons sanctioned under the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) that do not appear on the SDN list (commonly known as the “Non-SDN Iranian Sanctions Act list”).
“(E) The list of foreign financial institutions subject to part 561 of title 31, Code of Federal Regulations.”
“(4) Fiscal years 2026 through 2030.”
“430. Tactical Exploitation of National Capabilities Executive Agent
“(a) Designation—The Under Secretary of Defense for Intelligence shall designate a civilian employee of the Department or a member of the armed forces to serve as the Tactical Exploitation of National Capabilities Executive Agent.
“(b) Duties—The Executive Agent designated under subsection (a) shall—
“(1) report directly to the Under Secretary of Defense for Intelligence;
“(2) work with the combatant commands, military departments, and the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) to—
“(A) develop methods to increase warfighter effectiveness through the exploitation of national capabilities; and
“(B) promote cross-domain integration of such capabilities into military operations, training, intelligence, surveillance, and reconnaissance activities.”
“238. Cyber mission forces: program elements
“(a) Budget justification display—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for fiscal year 2017 and each fiscal year thereafter, a budget justification display that includes—
“(1) a major force program category for the five-year defense plan of the Department of Defense for the training, manning, and equipping of the cyber mission forces; and
“(2) program elements for the cyber mission forces.
“(b) Waiver—The Secretary may waive the requirement under subsection (a) for fiscal year 2017 if the Secretary—
“(1) determines the Secretary is unable to comply with such requirement for fiscal year 2017; and
“(2) establishes a plan to implement the requirement for fiscal year 2018.”
“19 Cyber matters
“391. Reporting on cyber incidents with respect to networks and information systems of operationally critical contractors and certain other contractors
“(a) Designation of Department component to receive reports—The Secretary of Defense shall designate a component of the Department of Defense to receive reports of cyber incidents from contractors in accordance with this section and with section 941 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note) or from other governmental entities.
“(b) Procedures for reporting cyber incidents—The Secretary of Defense shall establish procedures that require an operationally critical contractor to report in a timely manner to component designated under subsection (a) each time a cyber incident occurs with respect to a network or information system of such operationally critical contractor.
“(c) Procedure requirements
“(1) Designation and notification—The procedures established pursuant to subsection (a) shall include a process for—
“(A) designating operationally critical contractors; and
“(B) notifying a contractor that it has been designated as an operationally critical contractor.
“(2) Rapid reporting—The procedures established pursuant to subsection (a) shall require each operationally critical contractor to rapidly report to the component of the Department designated pursuant to subsection (d)(2)(A) on each cyber incident with respect to any network or information systems of such contractor. Each such report shall include the following:
“(A) An assessment by the contractor of the effect of the cyber incident on the ability of the contractor to meet the contractual requirements of the Department.
“(B) The technique or method used in such cyber incident.
“(C) A sample of any malicious software, if discovered and isolated by the contractor, involved in such cyber incident.
“(D) A summary of information compromised by such cyber incident.
“(3) Department assistance and access to equipment and information by Department personnel—The procedures established pursuant to subsection (a) shall—
“(A) include mechanisms for Department personnel to, if requested, assist operationally critical contractors in detecting and mitigating penetrations; and
“(B) provide that an operationally critical contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether information created by or for the Department in connection with any Department program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated.
“(4) Protection of trade secrets and other information—The procedures established pursuant to subsection (a) shall provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person.
“(5) Dissemination of information—The procedures established pursuant to subsection (a) shall limit the dissemination of information obtained or derived through the procedures to entities—
“(A) with missions that may be affected by such information;
“(B) that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
“(C) that conduct counterintelligence or law enforcement investigations; or
“(D) for national security purposes, including cyber situational awareness and defense purposes.
“(d) Definitions—In this section:
“(1) Cyber incident—The term “cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system or the information residing therein.
“(2) Operationally critical contractor—The term operationally critical contractor means a contractor designated by the Secretary for purposes of this section as a critical source of supply for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.”
“392. Executive agents for cyber test and training ranges
“(a) Executive agent—The Secretary of Defense, in consultation with the Principal Cyber Advisor, shall—
“(1) designate a senior official from among the personnel of the Department of Defense to act as the executive agent for cyber and information technology test ranges; and
“(2) designate a senior official from among the personnel of the Department of Defense to act as the executive agent for cyber and information technology training ranges.
“(b) Roles, responsibilities, and authorities
“(1) Establishment—The Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agents designated under subsection (a). Such roles, responsibilities, and authorities shall include the development of a biennial integrated plan for cyber and information technology test and training resources.
“(2) Biennial integrated plan—The biennial integrated plan required under paragraph (1) shall include plans for the following:
“(A) Developing and maintaining a comprehensive list of cyber and information technology ranges, test facilities, test beds, and other means of testing, training, and developing software, personnel, and tools for accommodating the mission of the Department. Such list shall include resources from both governmental and nongovernmental entities.
“(B) Organizing and managing designated cyber and information technology test ranges, including—
“(i) establishing the priorities for cyber and information technology ranges to meet Department objectives;
“(ii) enforcing standards to meet requirements specified by the United States Cyber Command, the training community, and the research, development, testing, and evaluation community;
“(iii) identifying and offering guidance on the opportunities for integration amongst the designated cyber and information technology ranges regarding test, training, and development functions;
“(iv) finding opportunities for cost reduction, integration, and coordination improvements for the appropriate cyber and information technology ranges;
“(v) adding or consolidating cyber and information technology ranges in the future to better meet the evolving needs of the cyber strategy and resource requirements of the Department;
“(vi) finding opportunities to continuously enhance the quality and technical expertise of the cyber and information technology test workforce through training and personnel policies; and
“(vii) coordinating with interagency and industry partners on cyber and information technology range issues.
“(C) Defining a cyber range architecture that—
“(i) may add or consolidate cyber and information technology ranges in the future to better meet the evolving needs of the cyber strategy and resource requirements of the Department;
“(ii) coordinates with interagency and industry partners on cyber and information technology range issues;
“(iii) allows for integrated closed loop testing in a secure environment of cyber and electronic warfare capabilities;
“(iv) supports science and technology development, experimentation, testing and training; and
“(v) provides for interconnection with other existing cyber ranges and other kinetic range facilities in a distributed manner.
“(D) Certifying all cyber range investments of the Department of Defense.
“(E) Performing such other assessments or analyses as the Secretary considers appropriate.
“(3) Standard for cyber event data—The executive agents designated under subsection (a), in consultation with the Chief Information Officer of the Department of Defense, shall jointly select a standard language from open-source candidates for representing and communicating cyber event and threat data. Such language shall be machine-readable for the Joint Information Environment and associated test and training ranges.
“(c) Support within Department of Defense—The Secretary of Defense shall ensure that the military departments, Defense Agencies, and other components of the Department of Defense provide the executive agents designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agents.
“(d) Compliance with existing directive—The Secretary shall carry out this section in compliance with Directive 5101.1.
“(e) Definitions—In this section:
“(1) The term “designated cyber and information technology range” includes the National Cyber Range, the Joint Information Operations Range, the Defense Information Assurance Range, and the C4 Assessments Division of J6 of the Joint Staff.
“(2) The term “Directive 5101.1” means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.
“(3) The term “executive agent” has the meaning given the term “DoD Executive Agent” in Directive 5101.1.”
“(3)
“(A) With respect to the preparation of a budget for a fiscal year to be submitted by the President to Congress under section 1105(a) of title 31, the Secretary of Defense may not agree to a proposed transfer of estimated nuclear budget request authority unless the Secretary of Defense submits to the congressional defense committees a report described in subparagraph (B).
“(B) A report described in this subparagraph is a report that includes the following:
“(i) Except as provided by subparagraph (C), certification that, during the fiscal year prior to the fiscal year covered by the budget for which the report is submitted, the Secretary of Energy obligated or expended any amounts covered by a proposed transfer of estimated nuclear budget request authority made for such prior fiscal year in a manner consistent with a memorandum of agreement that was developed by the Nuclear Weapons Council and entered into by the Secretary of Defense and the Secretary of Energy.
“(ii) A detailed assessment by the Nuclear Weapons Council regarding how the Administrator for Nuclear Security implemented any agreements and decisions of the Council made during such prior fiscal year.
“(iii) An assessment from each of the Chairman of the Joints Chiefs of Staff and the Commander of the United States Strategic Command regarding any effects to the military during such prior fiscal year that were caused by the delay or failure of the Administrator to implement any agreements or decisions described in clause (ii).
“(C) With respect to a report described in subparagraph (B), the Secretary may waive the requirement to include the certification described in clause (i) of such subparagraph if the Secretary—
“(i) determines that such waiver is in the national security interests of the United States; and
“(ii) instead of the certification described in such clause (i), includes as part of such report—
“(I) a copy of the agreement that the Secretary has entered into with the Secretary of Energy regarding the manner and the purpose for which the Secretary of Energy will obligate or expend any amounts covered by a proposed transfer of estimated nuclear budget request authority for the fiscal year covered by the budget for which such report is submitted; and
“(II) an explanation for why the Secretary did not include such certification in such report.
“(4) The Secretary of Defense shall include with the defense budget materials for a fiscal year the memorandum of agreement described in subparagraph (B)(i) of paragraph (3), or the agreement described in subparagraph (C) of such paragraph, as the case may be, that covers such fiscal year.
“(5)
“(A) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—
“(i) whether such budget allows the Federal Government to meet the nuclear stockpile and stockpile stewardship program requirements during the fiscal year covered by the budget and the four subsequent fiscal years; and
“(ii) if the Commander determines that such budget does not allow the Federal Government to meet such requirements, a description of the steps being taken to meet such requirements.
“(B) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under subparagraph (A), the Chairman shall submit to the congressional defense committees—
“(i) such assessment as it was submitted to the Chairman; and
“(ii) any comments of the Chairman.
“(6) In this subsection:
“(A) The term “budget” has the meaning given that term in section 231(f) of this title.
“(B) The term “defense budget materials” has the meaning given that term in section 231(f) of this title.
“(C) The term “proposed transfer of estimated nuclear budget request authority” means, in preparing a budget, a request for the Secretary of Defense to transfer an estimated amount of the proposed budget authority of the Secretary to the Secretary of Energy for purposes relating to nuclear weapons.”
“(b) Estimate of costs by Congressional Budget Office
“(1) Budgets for odd-numbered fiscal years—Not later than July 1 of each year in which the President transmits a covered odd-numbered fiscal year report, the Director of the Congressional Budget Office shall submit to the congressional defense committees a report that includes—
“(A) an estimate of the costs during the 10-year period beginning on the date of such covered odd-numbered fiscal year report associated with fielding and maintaining the current nuclear weapons and nuclear weapon delivery systems of the United States;
“(B) an estimate of the costs during such period of any life extension, modernization, or replacement of any current nuclear weapons or nuclear weapon delivery systems of the United States that is anticipated as of the date of such covered odd-numbered fiscal year report; and
“(C) an estimate of the relative percentage of total defense spending during such period represented by the costs estimated under subparagraphs (A) and (B).
“(2) Budgets for even-numbered fiscal years—If the Director determines that a covered even-numbered fiscal year report contains a significant change that affects the estimates of the Director included in the report submitted under paragraph (1) in the year prior to the year in which such covered even-numbered fiscal year report is submitted, the Director shall submit to the congressional defense committees a letter describing such significant changes.
“(3) Definitions—In this subsection:
“(A) The term “covered even-numbered fiscal year report” means a report required to be transmitted under subsection (a)(1) not later than 30 days after the submission to Congress of the budget of the President for an even-numbered fiscal year.
“(B) The term “covered odd-numbered fiscal year report” means a report required to be transmitted under subsection (a)(1) not later than 30 days after the submission to Congress of the budget of the President for an odd-numbered fiscal year.”