“(f) 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 Federal departments and agencies, and from State and local governments, to award prizes under this section.”
“(3) Contents—Each report submitted under paragraph (1) or (2)”
“(1) Annual report by Deputy Assistant Secretary of Defense for Developmental Test and Evaluation—Not later than March 31 of each year, the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsections (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.”
“(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.”
“(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 United States Cyber Command.”
“(b) It shall be the objective to the Secretary of the Army, in managing the workload of the arsenals, to maintain the critical capabilities identified in the Army Organic Industrial Base Strategy Report, and ensure cost efficiency and technical competence in peacetime, while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergent requirements.”
“7235. Southern Sea Otter Military Readiness Areas
“(a) In general—The Secretary of the Navy shall establish areas, to be known as “Southern Sea Otter Military Readiness Areas”, for national defense purposes. Such areas shall include each of the following:
“(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:
“(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
“(b) Activities within military readiness areas
“(1) Incidental takings under endangered species act of 1973—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
“(2) Incidental takings under marine mammal protection act of 1972—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
“(3) Treatment as species proposed to be listed—For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of that Act (16 U.S.C. 1533).
“(c) Removal—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas.
“(d) Revision or termination of exceptions—The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior determines, in consultation with the Secretary of the Navy and the Marine Mammal Commission, that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.
“(e) Monitoring
“(1) In general—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service and the Marine Mammal Commission.
“(2) Reports—Not later than 24 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015 and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).
“(f) Definitions—In this section:
“(1) Southern sea otter—The term southern sea otter means any member of the subspecies Enhydra lutris nereis.
“(2) Take—The term take—
“(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall have the meaning given such term in that Act; and
“(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall have the meaning given such term in that Act.
“(3) Incidental taking—The term incidental taking means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
“(4) Military readiness activity—The term military readiness activity has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note) and includes all training and operations of the armed forces that relate to combat and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.
“(5) Optimum sustainable population—The term optimum sustainable population means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.”
“(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.”
“(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.”
“(B) A reserve officer described in 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), who—
“(i) is a health professions officer; or
“(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.”
“(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 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 additional training and experience specified by the Secretary concerned to provide advice on specialized medical or psychological matters relating to 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, 2021.”
“(4) Additional elements for final reports—Each final report under this subsection shall, in addition to the elements required by paragraph (3), include the following:
“(A) A description of the costs to the military department concerned of each pilot program conducted by such military department under this section
“(B) A description of the reasons why members choose to participate in the pilot programs conducted by the military department concerned.
“(C) A description of the members who did not return to the active duty in the Armed Forces at the conclusion of their inactivation from active duty under the pilot programs conducted by the military department concerned, and a statement of the reasons why.
“(D) A statement whether the military department concerned required members to perform inactive duty training as part of participation in any pilot program conducted by such military department, and if so, a description of the members so required, a statement of the reasons why, and a description of how often.”
“2015. Professional credentials: program to assist members in obtaining credentials
“(a) Program required
“(1) Subject to subsection (b), 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 that relate to training and skills that are acquired during their service in the armed forces and translate into civilian occupations.
“(2) The program 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.
“(b) Limitation—The authority under subsection (a) 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.”
“2163a. Degree granting authority for Joint Special Operations University
“(a) Authority—Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements.
“(b) Limitation—A degree may not be conferred under this section unless—
“(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
“(2) the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.”
“(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.”
“(3) A member of a reserve component who is the victim of an alleged sex-related offense and who is not otherwise eligible for military legal assistance under section 1044 of this title shall be deemed to be eligible for the assistance of a Special Victims’ Counsel under this section.”
“(F) A review of the most recent climate assessment conducted pursuant to section 572(a)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1754) for the command or unit of the suspect and the command or unit of the victim, and an assessment of whether another such climate assessment should be conducted.”
“(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 and the chief prosecutor of the Armed Force concerned requests review of the decision, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority.
“(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.”
“(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.”
“(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”
“(d) Report—Not later than 180 days after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the review conducted under subsection (a).”
“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).”
“(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 (other than subsection (d)) of this title, 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.”
“(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 5 percent.”
“(b) Period covered by determination using rates of basic pay—The period described in this subsection is the period beginning on October 1, 2006, and ending on the last day of the first month beginning on or after the date of the enactment of the Carl Levin National Defense Authorization Act for Fiscal Year 2015.
“(c) Retired pay base for officers retiring after December 31, 2014, who first became members before September 8, 1980—In the case of a covered general or flag officer who first became a member of the armed forces before September 8, 1980, and retires from the armed forces after December 31, 2014, the retired pay base shall be whichever is greater of the following:
“(1) The retired pay base determined by applicable law at the time of the member's retirement (including the inapplicability of subsection (a) to the determination of the retired pay base by reason of subsection (b)).
“(2) A retired pay base determined as if—
“(A) the monthly basic pay of the member was the rate of monthly basic provided by law for the member's permanent grade as of December 31, 2014 (without reduction under section 203(a)(2) of title 37); and
“(B) the member's retired grade was the member's permanent grade as of December 31, 2014.”
“(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.”
“(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.”
“1074n. Annual mental health assessments for members of the armed forces
“(a) Mental health assessments—Subject to subsection (d), 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) Purpose—The purpose of a mental health assessment provided pursuant to this section shall be to identify mental health conditions among members of the armed forces in order to determine which such members are in need of additional care, treatment, or other services for such health conditions.
“(c) 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.
“(d) 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.
“(e) Reports
“(1) Not less frequently than once each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the annual mental health assessments of members of the armed forces conducted pursuant to this section.
“(2) Each report required by paragraph (1) shall include, with respect to assessments conducted pursuant to this section during the one-year period preceding the date of the submittal of such report, the following:
“(A) A description of the tools and processes used to provide such assessments, including—
“(i) whether such tools and processes are evidenced-based; and
“(ii) the process by which such tools and processes have been approved for use in providing mental health assessments.
“(B) Such recommendations for improving the tools and processes used to conduct such assessments, including tools that may address the underreporting of mental health conditions, as the Secretary considers appropriate.
“(C) Such recommendations as the Secretary considers appropriate for improving the monitoring and reporting of the number of members of the armed forces—
“(i) who receive such assessments;
“(ii) who are referred for care based on such assessments; and
“(iii) who receive care based on such referrals.
“(3) No personally identifiable information may be included in any report under paragraph (1).
“(f) 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.
“(g) Regulations—The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.”
“(6)
“(A) In the case of any of the years 2015 through 2024, the cost-sharing amounts under this subsection shall be determined in accordance with the following table:
“(B) There shall be no cost-sharing amounts under this subsection for prescription medications filled by military treatment facility pharmacies.
“(C) For any year after 2024, the cost-sharing amounts under this subsection shall be equal to the cost-sharing amounts for the previous year adjusted by an amount, if any, determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar.
“(D) Notwithstanding subparagraphs (A) and (C), the cost-sharing amounts under this subsection for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost-sharing amounts, if any, for 2014.”
“(9)
“(A) 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.”
“(18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.”
“(c) Provisional coverage for emerging products and services
“(1) The Secretary of Defense is authorized to provide provisional coverage or authorization of coverage under this chapter for health care products and services that have not been demonstrated to be safe and effective under this chapter as medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction but have been demonstrated to the satisfaction of the Secretary to be likely safe and effective health care products or services.
“(2) In making a determination authorized by paragraph (1), the Secretary may consider—
“(A) clinical trials published in refereed medical literature;
“(B) formal technology assessments;
“(C) national medical policy organization positions;
“(D) national professional associations;
“(E) national expert opinion organizations; and
“(F) such other trustworthy evidence as the Secretary considers appropriate.
“(3) In making a determination under paragraph (1), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies of Sciences or such other independent entity as the Secretary shall select.
“(4)
“(A) Provisional coverage under paragraph (1) for a product or service may be in effect not longer than five years, but may be terminated at any time before that time.
“(B) Prior to the expiration of provisional coverage or authorization of coverage of a product or service pursuant to subparagraph (A), the Secretary shall determine the coverage or authorization of coverage, if any, that will follow coverage or authorization of coverage of such product or service, and take appropriate action to implement such determination. If implementation of such determinations requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action.
“(5) Prompt public notice shall be provided for each product or service that receives an affirmative provisional coverage or authorization of coverage determination under paragraph (1) along with all terms and conditions associated with the determination. The public notice shall be through the website of the TRICARE program accessible by the public.
“(6) All determinations under this subsection to provide, decline to provide, terminate, establish or disestablish terms and conditions, or take any other action shall be approved by the Assistant Secretary of Defense for Health Affairs based on professional medical judgment. Such determinations and actions are committed to agency discretion and are conclusive.”
“1116. Payments into the Fund
“(a) The Secretary of Defense shall pay into the Fund at the end of each month as the Department of Defense contribution to the Fund for that month the amount that, subject to subsections (b) and (c), is the sum of the following:
“(1) The product of—
“(A) the monthly dollar amount determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1115(c)(1)(A) of this title (except that any statutory change in the uniformed services retiree health care programs for medicare-eligible beneficiaries that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and
“(B) the total end strength for that month for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard duty for training only).
“(2) The product of—
“(A) the level monthly dollar amount determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1115(c)(1)(B) of this title (except that any statutory change in the uniformed services retiree health care programs for medicare-eligible beneficiaries that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and
“(B) the total end strength for that month for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense other than members on full-time National Guard duty (other than for training) who are not otherwise described in paragraph (1)(B).
“(b)
“(1) If during a month a statute is enacted that will have a significant effect on the amounts calculated for purposes of subsection (a), the Secretary of Defense may recalculate the amount payable under subsection (a) for months in the fiscal year of such enactment that begin after such enactment taking into account the effect of such change on the calculation of amounts so payable. Any such recalculation in a fiscal year shall apply to amounts payable under subsection (a) for months in such fiscal year beginning after the change triggering the recalculation.
“(2) The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on any recalculation carried out by the Secretary under this subsection, including the effect of such recalculation on amounts payable under subsection (a) for months in the fiscal year concerned beginning after such recalculation.
“(c) If an actuarial valuation referred to in paragraph (1) or (2) of subsection (a) has been calculated as a separate single level dollar amount for a participating uniformed service under section 1115(c)(1) of this title, the administering Secretary for the department in which such uniformed service is operating shall calculate the amount under such paragraph separately for such uniformed service. If the administering Secretary is not the Secretary of Defense, the administering Secretary shall notify the Secretary of Defense of the amount so calculated. To determine a single amount for the purpose of paragraph (1) or (2) of subsection (a), as the case may be, the Secretary of Defense shall aggregate the amount calculated under this subsection for a uniformed service for the purpose of such paragraph with the amount or amounts calculated (whether separately or otherwise) for the other uniformed services for the purpose of such paragraph.
“(d)
“(1) At the beginning of each fiscal year the Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury the amount certified to the Secretary by the Secretary of Defense under paragraph (3). Such payment shall be the contribution to the Fund for that fiscal year required by sections 1115(a) and 1115(c) of this title.
“(2) At the beginning of each fiscal year the Secretary of Defense shall determine the sum of the following:
“(A) The amount of the payment for that year under the amortization schedule determined by the Board of Actuaries under section 1115(a) of this title for the amortization of the original unfunded liability of the Fund.
“(B) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(2) of this title for the amortization of any cumulative unfunded liability (or any gain) to the Fund resulting from changes in benefits.
“(C) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(3) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial assumption changes.
“(D) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(4) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial experience.
“(3) The Secretary of Defense shall promptly certify the amount determined under paragraph (2) each year to the Secretary of the Treasury.
“(e) Amounts paid into the Fund under subsection (a) shall be paid from funds available for the pay of members of the participating uniformed services under the jurisdiction of the respective administering Secretaries.”
“(b)
“(1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section 1116(a) of this title. That amount shall be the sum of the following:
“(A) The product of—
“(i) the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(A) at the time of the next actuarial valuation under subsection (c); and
“(ii) the expected average force strength during that fiscal year for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title.
“(B) The product of—
“(i) the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(B) at the time of the next actuarial valuation under subsection (c); and
“(ii) the expected average force strength during that fiscal year for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense who are not otherwise described in subparagraph (A)(ii).
“(2) The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service) for that fiscal year for payments to be made to the Fund during that year under section 1116(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 of title 31. The President may comment and make recommendations concerning any such amount.”
“(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).”
“(i) Defense acquisitions specifically authorized by law
“(1) In the case of the Department of Defense, a multiyear contract in 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 shall include in the request 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.
“(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 the completion of a cost analysis performed by the Director of Cost Assessment and Program Analysis and such analysis supports the findings.
“(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 when such parts are not available from original manufacturers, their authorized dealers, or trusted suppliers;”
“(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).”
“(A) United States Central Command”
“(B) United States Transportation Command, except that the provisions of this section do not apply to contracts, grants, and cooperative agreements awarded or entered into by United States Transportation Command that are performed entirely inside the Untied States.”
“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 National Defense Authorization Act for Fiscal Year 2015.”
“133a. Chief Management Officer
“(a) Appointment—There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(b) Responsibility for discharge of certain statutory position requirements—In addition to the responsibilities specified in subsection (c), the Chief Management Officer is also the following:
“(1) The Chief Information Officer of the Department of Defense.
“(2) The Performance Improvement Officer of the Department of Defense.
“(c) General responsibilities—The Chief Management Officer is responsible, 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 Chief Operating Officer of the Department of Defense, for the following:
“(1) Assisting the Deputy Secretary of Defense in the Deputy Secretary’s role as the Chief Operating 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 the Business Enterprise Architecture.
“(6) Exercising authority, direction, and control over the Information Assurance Directorate of the National Security Agency.
“(7) Discharging the responsibilities provided for in chapter 35 of title 44 and section 11315 of title 40 for chief information officers of executive agencies.
“(8) In addition to discharging the responsibilities specified in paragraph (7)—
“(A) reviewing and providing recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems;
“(B) ensuring the interoperability of information technology and national security systems throughout the Department of Defense;
“(C) ensuring that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed;
“(D) providing for the elimination of duplicate information technology and national security systems within and between the military departments and the Defense Agencies; and
“(E) maintaining a consolidated inventory of Department of Defense mission critical and mission essential information systems, identifying interfaces between such information systems and other information systems, and developing and maintaining contingency plans for responding to a disruption in the operation of any of such information systems.
“(d) Precedence—The Chief Management Officer takes precedence in the Department of Defense after the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretaries of the military departments.”
“(2)
“(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
“(B) The Chief Management Officer of the Department of Defense.
“(C) The other Under Secretaries of Defense, as follows:
“(i) The Under Secretary of Defense for Policy.
“(ii) The Under Secretary of Defense for (Comptroller)
“(iii) The Under Secretary of Defense for Personnel and Readiness.
“(iv) The Under Secretary of Defense for Intelligence.”
“(c)
“(1) The Deputy Secretary serves as the Chief Operating Officer of the Department of Defense.
“(2) In the Deputy Secretary's role as Chief Operating Officer of the Department of Defense, the Deputy Secretary shall exercise authority, direction, and control of the Chief Management Officer of the Department of Defense under section 133a of this title.”
“(3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.”
“(6) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Management.
“(7) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Information.”
“(9)
“(A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary—
“(i) 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
“(ii) is the principal advisor to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs.
“(B) In the capacity specified in subparagraph (A)(ii), the Assistant Secretary may communicate views on matters related to operational energy plans and programs and the operational energy strategy directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.”
“2926. Operational energy activities”
“(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) The Chief Management Officer of the Department of Defense.”
“Chief Management Officer of the Department of Defense.”
“(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.”
“(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”.”
“(E) The 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.”
“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 (f)(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”
“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—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.
“(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) Limitation—The construction, purchase, alteration, or conversion of national sea-based deterrence vessels with funds in the Fund pursuant to subsection (c) shall be conducted in United States shipyards.
“(f) 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.
“(g) 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.
“(h) 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.”
“(e) Support for counter-illicit trafficking activities
“(1) In general—In addition to any support authorized by subsection (a), a joint task force of the Department described in that subsection may also provide, subject to all applicable laws and regulations, support to law enforcement agencies conducting counter-illicit trafficking activities.
“(2) Illicit trafficking defined—In this subsection, the term illicit trafficking means the trafficking of money, goods, or value gained from illegal activities, including human trafficking, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, illicit financial flows, and other forms of illicit activities determined by the Secretary of Defense to directly benefit organizations that have been determined to be a security threat to the United States.”
“(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.”
“1004. Additional support for counter-drug activities and activities to counter transnational organized crime”
“(2)
“(A) Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel—
“(i) in a foreign shipyard;
“(ii) at a facility outside of a foreign shipyard; or
“(iii) at any other facility convenient to the vessel.
“(B)
“(i) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel.
“(ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy.”
“(d) Definitions—In this section:
“(1) The term corrective and preventive maintenance or repair means—
“(A) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and
“(B) scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions.
“(2) The term facilities maintenance means—
“(A) preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and
“(B) cleaning services, encompassing—
“(i) light surface cleaning of ship structures and compartments; and
“(ii) deep cleaning of bilges to remove dirt, oily waste, and other foreign matter.”
“7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions”
“7525. Limited coastwise trade
“(a) Contractor-owned vessel defined—In this section, the term contractor-owned vessel means a dry dock, a tugboat, or a towing vessel that—
“(1) was built in the United States;
“(2) is owned or operated by a person that—
“(A) is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and
“(B) in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense;
“(3) is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and
“(4) is crewed by citizens of the United States.
“(b) In general—A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel.
“(c) Notice—The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade.
“(d) Limitation—An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire on the earlier of—
“(1) the date of the sale of the contractor-owned vessel;
“(2) the date of that the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or
“(3) the date that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel.”
“2672. Protection of buildings, grounds, property, and persons
“(a) In general—The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.
“(b) Officers and agents
“(1)
“(A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.
“(B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary considers appropriate.
“(C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following:
“(i) The personnel or positions to be included in the category.
“(ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category.
“(iii) In the case of civilian personnel in that category—
“(I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and
“(II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.
“(D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that—
“(i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and
“(ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.
“(2) Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may—
“(A) enforce Federal laws and regulations for the protection of persons and property;
“(B) carry firearms;
“(C) make arrests—
“(i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or
“(ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
“(D) serve warrants and subpoenas issued under the authority of the United States; and
“(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.
“(c) Regulations
“(1) The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.
“(2) A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.
“(d) Limitation on delegation of authority—The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or the Deputy Secretary of Defense.
“(e) Disposition of persons arrested—A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).
“(f) Facilities and services of other agencies
“(1) In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may use the facilities and services of Federal, State, Indian tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services.
“(2) Services of State, Indian tribal, and local law enforcement, including application of their powers of law enforcement, may be provided under paragraph (1) notwithstanding that the property is subject to the legislative jurisdiction of the United States.
“(g) Authority outside Federal property—For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, Indian tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, Indian tribal, and local laws concurrently with other Federal law enforcement officers and with State, Indian tribal, and local law enforcement officers.
“(h) Attorney General approval—The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General.
“(i) Limitation with regard to other Federal agencies—Nothing in this section shall be construed as affecting the authority of the Secretary of Homeland Security to provide for the protection of facilities under the jurisdiction, custody, or control, in whole or in part, of Federal agencies, including the buildings, grounds, and properties of the General Services Administration, other than the Department of Defense and located off of a military installation.
“(j) Cooperation with local law enforcement agencies—With regard to civilian officers and agents performing duty in areas outside the property specified in subsection (a), the Secretary shall enter into agreements with local law enforcement agencies exercising jurisdiction over such areas for the purposes of avoiding conflicts of jurisdiction, promoting notification of planned law enforcement actions, and facilitating productive working relationships.
“(k) Limitation on statutory construction—Nothing in this section shall be construed—
“(1) to preclude or limit the authority of any Federal law enforcement agency;
“(2) to restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) or the authority of the Administrator of General Services, including the authority to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;
“(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);
“(4) to affect chapter 47 of this title (the Uniform Code of Military Justice);
“(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department; or
“(6) to restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 (50 U.S.C. 3609).”
“(10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.”
“(7) Chief of the National Guard Bureau.”
“1081. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and regional organizations”
“(b) Form of reports—Any report under subsection (a) may be submitted in classified form.”
“(6) The two Secretaries shall include in the annual report under this subsection a report on the activities of the Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations (established pursuant to section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417)) during the one-year period ending on the date of such report. Such report shall include a description of the activities of the center and an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.”
“1566b. Annual voter assistance
“(a) In general—The Secretary of Defense shall carry out the following activities:
“(1) In coordination with the Secretary of each military department—
“(A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other than active duty for training) the opportunity, through the online system developed under paragraph (2), to—
“(i) register to vote in an election for Federal office;
“(ii) update the member's voter registration information; or
“(iii) request an absentee ballot; and
“(B) provide services to such members for the purpose of carrying out the activities in clauses (i), (ii), and (iii) of subparagraph (A).
“(2) Implement an online system that, to the extent practicable, is integrated with the existing systems of each of the military departments and that—
“(A) provides an electronic means for carrying out the requirements of paragraph (1);
“(B) in the case of an individual registering to vote in a State that accepts electronic voter registration and operates its own electronic voter registration system using a form that meets the requirements for mail voter registration forms under section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)), directs such individual to that system; and
“(C) in the case of an individual using the official post card form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to register to vote and request an absentee ballot—
“(i) pre-populates such official post card form with the personal information of such individual, and
“(ii)
“(I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official post card form; or
“(II) transmits the completed official post card form electronically to the appropriate State or local election officials.
“(3) Implement a system (either independently or in conjunction with the online system under paragraph (2)) by which any change of address by a member of the armed forces on active duty who is undergoing a permanent change of station, deploying overseas for at least six months, or returning from an overseas deployment of at least six months automatically triggers a notification via electronic means to such member that—
“(A) indicates that such member's voter registration or absentee mailing address should be updated with the appropriate State or local election officials; and
“(B) includes instructions on how to update such voter registration using the online system developed under paragraph (2).
“(b) Data collection—The online system developed under subsection (a)(2) shall collect and store all data required to meet the reporting requirements of section 1071(b) of the Carl Levin National Defense Authorization Act for Fiscal Year 2015 and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)(2)) in a manner that complies with section 552a of title 5 (commonly known as the Privacy Act of 1974), and imposes no new record management burden on any military unit or military installation.
“(c) Regulations—Not later than 1 year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations implementing the requirements of subsection (a). Such regulations shall include procedures to inform those members of the armed forces on active duty (other than active duty for training) experiencing a change of address about the benefits of this section and the timeframe for requesting an absentee ballot to ensure sufficient time for State delivery of the ballot.”
“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.”
“(2) To advise the Council on the determination of scientific priorities and needs.
“(3) To provide the Council strategic advice regarding execution and collaboration related to the National Oceanographic Partnership Program.”
“(2) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the jurisdiction of the Secretary who is performing duty on official travel to occupy adequate quarters on a rental basis when available.”
“(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”
“(l) Definitions—In this section:
“(1) The term appropriate committees of Congress has the meaning given such term in section 2801 of this title.
“(2) The term property support services means the following:
“(A) Any utility service or other service listed in section 2686(a) of this title.
“(B) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.”
“(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 comprised of 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.”
“2246. Limitation on use of funds for assistance for units of foreign security forces that have committed gross violations of human rights
“(a) In general—Funds authorized to be appropriated to the Department of Defense may not be used for training, equipment, or other assistance for the members of a unit of a foreign security force if the Secretary of Defense has credible information that such unit has committed a gross violation of human rights.
“(b) Exceptions—The prohibition in subsection (a) shall not apply if the Secretary determines that—
“(1) the government of the country of the foreign security force unit concerned has undertaken all necessary corrective steps; or
“(2) the training, equipment, or other assistance concerned is necessary—
“(A) to assist in disaster relief operations or other humanitarian or national security emergencies; or
“(B) to conduct human rights training of foreign security forces.
“(c) Waiver—The Secretary may waive the prohibition in subsection (a) if the Secretary determines that the waiver is required by extraordinary circumstances.
“(d) Information on violations of human rights
“(1) The Secretary shall ensure that, before a decision to provide 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.
“(2) The Secretary 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) Consultation—The Secretary of Defense shall consult with the Secretary of State in the discharge of subsections (b), (c), and (d).
“(f) Notification—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 congressional defense committees a report setting forth the following:
“(1) In the case a report on an exception under subsection (b), notice of the use of the exception and a description of the grounds for the exception.
“(2) In the case of a report on a waiver under subsection (c), a description of—
“(A) the foreign security force unit concerned;
“(B) the information relating to the gross violation of human rights by such unit;
“(C) the circumstances that necessitate such waiver; and
“(D) the cost, purpose, and duration of the training, equipment, or other assistance covered by such waiver.
“(g) Other assistance defined—In this section, the term other assistance means assistance whose primary purpose is to build the capacity of a foreign security force.”
“2282. Authority to build the capacity of foreign security forces
“(a) Authority—The Secretary of Defense 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 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 other security forces that have a counterterrorism mission in order for such forces to conduct counterterrorism operations.
“(b) Concurrence of Secretary of State—The Secretary of Defense shall obtain the concurrence of the Secretary of State before conducting or supporting a program under subsection (a).
“(c) 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.
“(d) Limitations
“(1) Annual funding limitation—The Secretary of Defense may use up to $350,000,000 of funds available for operation and maintenance for any fiscal year to conduct or support activities under subsection (a) in that fiscal year.
“(2) Additional funding—In addition to the amount available as specified in paragraph (1), up to $150,000,000 of funds available for operation and maintenance for any fiscal year may be used to conduct or support activities under subsection (a) in that fiscal year if transferred for such purposes in accordance with established procedures for reprogramming of funds under section 1001 of the Carl Levin National Defense Authorization Act for Fiscal Year 2015, and successor provisions of law.
“(3) 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.
“(4) 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.
“(5) Availability of funds for activities across fiscal years
“(A) In general—Amounts available under this subsection for the authority in subsection (a) for a fiscal year may be used for programs under that authority that begin in such fiscal year 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.
“(6) Limitation on amount for building capacity to participate in allied or coalition military or stability operations—Of the amounts available under this subsection for the authority in subsection (a) for a fiscal year, not more than $150,000,000 may be used in such fiscal year for purposes described in subsection (a)(1)(B).
“(7) 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 $25,000,000.
“(e) 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).
“(f) 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.
“(2) Coordination with Secretary of State—Any notice under paragraph (1) shall be prepared in coordination with the Secretary of State.
“(g) 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.
“(h) 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.”
“2283. Training of security forces and associated ministries of foreign countries to promote respect for the rule of law and human rights
“(a) In general—The Secretary of Defense is authorized to conduct human rights training of security forces and associated ministries of foreign countries.
“(b) Construction with limitation on use of funds—Human rights training authorized by this section may be conducted for security forces otherwise prohibited from receiving such training under section 2242 of this title in accordance with the exception in subsection (b)(2)(B) of that section.
“(c) Secretary of State concurrence required—Training activities may be conducted under this section only with the concurrence of the Secretary of State.
“(d) Authorized activities—Human rights training authorized by this section may include associated activities and expenses necessary for the conduct of training and assessments designed to further the purposes of this section.
“(e) Human rights training defined—In this section, the term human rights training includes training conducted for one or more of the following purposes:
“(1) To enhance the rule of law and respect for human rights.
“(2) To develop respect for civilian control over the military.
“(3) To promote compliance with the law of armed conflict or the establishment of a military justice system.
“(4) To assist in the prohibition or prevention of the use of child soldiers.
“(5) To otherwise address and alleviate the factors contributing to a gross violation of human rights by the security forces of a foreign country.”
“(A) Equipment, including routine maintenance and repair of such equipment.
“(B) Supplies.
“(C) Small-scale construction not exceeding $750,000.
“(D) Training.”
“2342a. Cross-servicing agreements: use for loan of personnel protection and personnel survivability equipment in coalition operations
“(a) In general—The Secretary of Defense may, with the concurrence of the Secretary of State, enter into an arrangement, under an agreement concluded pursuant to section 2342 of this title, under which the United States agrees to loan personnel protection and personnel survivability equipment for the use of such equipment by military forces of a nation participating with the United States in a coalition operation as part of a contingency operation or a peacekeeping operation under the Charter of the United Nations or another international agreement.
“(b) Limitations
“(1) Equipment may be loaned to the military forces of a nation under the authority of this section only upon a determination by the Secretary of Defense that the United States forces in the coalition operation concerned have no unfulfilled requirements for such equipment.
“(2) Equipment loaned to the military forces of a nation under the authority of this section may be used by those forces only for personnel protection or to aid in the personnel survivability of those forces and only in a coalition operation with the United States described in subsection (a).
“(3) Equipment loaned to the military forces of a nation under the authority of this section may be used by the military forces of that nation for the duration of that country’s participation in the coalition operation concerned.
“(c) Waiver of reimbursement in case of loss of equipment in combat
“(1) In the case of equipment loaned under the authority of this section that is damaged or destroyed as a result of combat operations during coalition operations while held by forces to which loaned under this section, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for—
“(A) reimbursement;
“(B) replacement-in-kind; or
“(C) exchange of supplies or services of an equal value.
“(2) Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States.
“(3) Any waiver under this subsection may be made only on a case-by-case basis.
“(d) Reports to Congress—If the authority provided under this section is exercised during a fiscal year, the Secretary of Defense shall, in coordination with the Secretary of State, submit to the appropriate committees of Congress a report on the exercise of such authority by not later than October 30 of the year in which such fiscal year ends. Each report on the exercise of such authority shall specify the recipient country of the equipment loaned, the type of equipment loaned, and the duration of the loan of such equipment.”
“(5) The term personnel protection and personnel survivability equipment means items designated as significant military equipment in categories I, II, III, VII, XI, XIII of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1) that the Secretary of Defense designates as available for loan under section 2342a of this title.
“(6) The term appropriate committees of Congress means—
“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”
“(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, or on behalf of, an organization or entity closely associated with the United States mission in Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement, including the International Security Assistance Force;”
“(D) Additional fiscal years—For each of the fiscal years 2014 and 2015, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 4,000 per year, except that—
“(i) notwithstanding subparagraph (C), any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 and 2015 may be carried forward and provided through December 31, 2016;
“(ii) the 1-year period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) shall be the period from October 7, 2001, through December 31, 2014; and
“(iii) 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.”
“(A) The role of the People’s Republic of China in the proliferation of weapons of mass destruction and other weapons (including dual use technologies), 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, high 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 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 triangular 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.”
“(A) The travel is in support of the national interests of the United States.
“(B) The commander of the combatant command concerned 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.”
“(b) Estimate of costs by Congressional Budget Office—In the case of 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, the Director of the Congressional Budget Office shall, not later than 120 days after the transmission of that report, submit to the congressional defense committees a report setting forth the following:
“(1) An estimate of the costs over the 10-year period beginning on the date of the report associated with fielding and maintaining the current nuclear weapons and nuclear weapon delivery systems of the United States.
“(2) An estimate of the costs over the 10-year period beginning on the date of the report 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 the report.”
“(3) The term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
“(4) The term appropriate congressional committees means—
“(A) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for intelligence collection activities, the congressional defense committees and the congressional intelligence committees; and
“(B) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for military operations, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.”
“II Defense commercial activities”
“431. Authority to engage in commercial activities as security for intelligence collection activities and military operations.”