H.R. 1735 — what changed

Not later than March 1, 2016, the Secretary of the Army shall submit to the congressional defense committees a report containing detailed options for the potential acceleration of the replacement of all UH–60A helicopters of the Army National Guard by not later than September 30, 2020. The report shall include the following:

changed “2463a. “§ 2463a. Assignment of certain new requirements based on determinations of cost-efficiency

“(a) Assignments based on determinations of cost-efficiency

changed “(1) Except as provided in paragraph (2) and subject to subsection (b), the assignment of performance of a new requirement by the Department of Defense to members of the Armed Forces, armed forces, civilian employees, or contractors shall be based on a determination of which sector of the Department’s workforce can perform the new requirement in the most cost-efficient manner, based on an analysis of the costs to the Federal Government in accordance with Department of Defense Instruction 7041.04 (““Estimating (“Estimating and Comparing the Full Costs of Civilian and Active Duty Military Manpower and Contract Support””) Support”) or successor guidance, consistent with the needs of the Department with respect to factors other than cost, including quality, reliability, and timeliness.

changed “(2) Paragraph (1) shall not apply in the case of a new requirement that is inherently governmental, closely associated with inherently governmental functions, critical, or required by law to be performed by members of the Armed Forces armed forces or Department of Defense civilian employees.

“(3) Nothing in this section may be construed as affecting the requirements of the Department of Defense under policies and procedures established by the Secretary of Defense under section 129a of this title for determining the most appropriate and cost-efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense.

“(b) Waiver During an Emergency or Exigent Circumstances—The head of an agency may waive subsection (a) for a specific new requirement in the event of an emergency or exigent circumstances, as long as the head of an agency, within 60 days of exercising the waiver, submits to the Committees on Armed Services of the Senate and House of Representatives notice of the specific new requirement involved, where such new requirement is being performed, and the date on which it would be practical to subject such new requirement to the requirements of subsection (a).

“(c) Provisions relating to assignment of civilian personnel—If a new requirement is assigned to a Department of Defense civilian employee consistent with the requirements of this section—

“(1) the Secretary of Defense may not—

“(A) impose any constraint or limitation on the size of the civilian workforce in terms of man years, end strength, full-time equivalent positions, or maximum number of employees; or

“(B) require offsetting funding for civilian pay or benefits or require a reduction in civilian full-time equivalents or civilian end-strengths; and

“(2) the Secretary may assign performance of such requirement without regard to whether the employee is a temporary, term, or permanent employee.

“(d) New requirement described—For purposes of this section, a new requirement is an activity or function that is not being performed, as of the date of consideration for assignment of performance under this section, by military personnel, civilian personnel, or contractor personnel at a Department of Defense component, organization, installation, or other entity. For purposes of the preceding sentence, an activity or function that is performed at such an entity and that is re-engineered, reorganized, modernized, upgraded, expanded, or changed to become more efficient but is still essentially providing the same service shall not be considered a new requirement.”

changed “116. “§ 116. Operational use of the National Guard

“(a) In general—This section authorizes the operational use of the National Guard and recognizes that the basic premise of both the National Incident Management System and the National Response Framework is that—

“(1) incidents are typically managed at the local level first; and

“(2) local jurisdictions retain command, control, and authority over response activities for their jurisdictional areas.

“(b) Assistance to Civilian Firefighting Organizations

“(1) Assistance authorized—Members and units of the National Guard shall be authorized to support firefighting operations, missions, or activities, including aerial firefighting employment of the Modular Airborne Firefighting System (MAFFS), undertaken in support of a civilian authority or a State or Federal agency.

“(2) Role of governor and state adjutant general—For the purposes of paragraph (1)—

“(A) the Governor of a State shall be the principal civilian authority; and

“(B) the adjutant general of the State shall be the principal military authority, when acting in his or her State capacity, and has the primary authority to mobilize members and units of the National Guard of the State in any duty status under this title the adjutant general deems appropriate to employ necessary forces when funds to perform such operations, missions, or activities are reimbursed.”

removed “II Reserve Duty Authorities

removed “12341. Active duty

removed “(a) Authority to order a member to perform active duty—At any time, the Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty, or retain the member on active duty, subject to the purpose and limitations described in subsections (b) and (c).

removed “(b) Purpose and limitations—The purposes and limitations referred to in subsection (a) are as follows:

removed “(1) Purpose of order—To account for manpower utilization and expenditure of appropriations, each order shall cite the purpose of the order to active duty as provided under subchapter III of this chapter.

removed “(2) Limitations—A member of a reserve component shall not be ordered to active duty or retained on active duty beyond the limitations and restrictions specified in the purpose of the order to active duty.

removed “(c) Continuous period of duty

removed “(1) In general—When the purpose for the member to serve on active duty changes, the order to active duty shall be amended to cite the new purpose and applicable funding code, but the member shall remain on the same order to active duty.

removed “(2) Continuous Federal service—If a member is released from active duty and subsequently ordered to active duty or full-time National Guard duty with a break in service of 24 hours or fewer, the period of service shall be treated as continuous Federal service for the purposes of pay and benefits, unless otherwise specified in law.

removed “12342. Call to Federal service

removed “(a) Authority to call a member into Federal service

removed “(1) In general—The President may call into Federal service the militia of any State, and use such of the armed forces, as the President considers necessary for the purposes specified in chapter 15 of this title.

removed “(2) State request required—A call into Federal service for the purposes specified in section 331 of this title shall only be made upon the request of the legislature of a State or of the Governor of a State if the legislature cannot be convened.

removed “(b) National guard in Federal service—The President may call into Federal service members and units of the National Guard of any State in such numbers as the President considers necessary for the purposes specified in section 12406 of this title.

removed “12343. Inactive duty

removed “(a) Authority to order a member to perform inactive duty—Under regulations prescribed by the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating, the Secretary concerned may, at any time, order a member of a reserve component under the Secretary’s jurisdiction to perform inactive duty, subject to the purpose and limitations described in subsection (b).

removed “(b) Purpose and limitations—The purpose and limitations referred to in subsection (a) are as follows:

removed “(1) Purpose—To account for manpower utilization and expenditure of appropriations, the Secretary concerned shall document the purpose for inactive duty.

removed “(2) Hostile fire or imminent danger area—Inactive duty shall not be performed in designated hostile fire or imminent danger area.

removed “(3) Duration—Each period of inactive duty shall be for duration of at least two hours.

removed “(4) Compensation—Compensation under section 206 of title 37 and service credit under section 12732(a)(2)(E) of this title shall not exceed two periods of inactive duty in a calendar day.”

“(2) the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while—

“(A) performing active duty or inactive duty;

“(B) traveling directly to or from the place at which such duty is performed; or

“(C) remaining overnight immediately before the commencement of inactive duty, or while remaining overnight between successive periods of inactive duty, at or in the vicinity of the site of the inactive duty, if the site is outside reasonable commuting distance of the member’s residence;”

removed It is the sense of the House of Representatives that the Secretary of Defense should review section 504 of title 10, United States Code, for the purpose of making a determination and authorization pursuant to subsection (b)(2) of such section regarding the enlistment in the Armed Forces of an alien who possesses an employment authorization document issued under the Deferred Action for Childhood Arrivals program of the Department of Homeland Security established pursuant to the memorandum of the Secretary of Homeland Security dated June 15, 2012.

“(h) Victim Participation in Nonjudicial Punishment Proceedings

“(1) For any offense that involves a victim, in any case in which a commanding officer or other person authorized to act under this section (article) is considering imposing a punishment authorized in subsection (b) on a member of the command, mitigation of a punishment under subsection (d), or an appeal of a punishment under subsection (e), the victim shall be provided an opportunity to submit written matters for consideration by the person authorized to act under this section (article).

“(2) The victim shall be notified of a commander’s decision to consider a punishment, consider mitigating a punishment, or consider an appeal under this section (article). The victim shall also be notified of the opportunity to submit matters for consideration under this subsection.

“(3) The submission of matters under paragraph (1) shall be made within the three-day period the accused is given to seek legal counsel.

“(4) A victim may waive the right under this subsection to make a submission to the commanding officer or other person taking action under this section (article). Such a waiver shall be made in writing and may not be revoked.

“(5) In the case of proceedings under this section (article) for an offense that involved a victim, a copy of all prepared records of the proceedings, including a written copy of any admonition or reprimand, shall be given to the victim without charge and as soon as a decision is finalized. The victim shall be notified of the opportunity to receive the records of the proceedings under this subsection.

“(6) In this section, the term “victim” means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice) and on which a commanding officer or other person authorized to take action under this section (article) is taking action under this section (article).

“(7) This subsection applies only with respect to the Department of Defense.”

“1159. Victim participation in administrative separation proceedings

“(a)

“(1) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall ensure that, when administrative separation is considered for a member of the of the Army, Navy, Air Force, or Marine Corps in connection to an offense that involved a victim, the person or board authorized to provide recommendations and act on recommendations for retention or separation under this chapter must consider the impact of the offense on the victim and the views of the victim on retention.

“(2) Such regulations shall ensure that victims are provided an opportunity to submit written matters for consideration, including, but not limited to, written testimony, to the person or board authorized to provide recommendations and act on recommendations for administrative separation proceedings under this chapter. A victim may waive the right under this section to make a submission.

“(b) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall ensure that a copy of all prepared records of the proceedings, including, but not limited to, the decision on retention or separation and any written explanation thereof, shall be given to the victim without charge and as soon as a decision is finalized. The victim shall be notified of the opportunity to receive the records of the proceedings under this subsection.

“(c) In this section, the term “victim” means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under chapter 47 of this title (the Uniform Code of Military Justice) and on which the armed forces are considering administrative separation or retention.”

“(c) Under regulations prescribed by the Secretary of Defense, when a board of inquiry is held under this section for an officer of the Army, Navy, Air Force, or Marine Corps in connection with an offense that involved a victim, the board of inquiry—

“(1) shall consider the impact of the offense on the victim and the views of the victim on retention;

“(2) shall provide victims an opportunity to submit matters for consideration, including in-person testimony, although a victim may waive the right under this subsection to make a submission; and

“(3) shall provide victims with all prepared records of the proceedings, including the decision on retention or separation and any written explanation thereof.

“(d) When a record is withheld under subsection (a)(4), the victim shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.

changed “(e) In this section, the term “victim” means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under chapter 47 of this title (the Uniform Code of Military Justice) and on which an officer is required to show cause for retention on active duty under section 1181 of this title.””title.”

“(12) The number of individuals released from active-duty as a members of the Army, Navy, Air Force, or Marine Corps as a result of a conviction of a sex-related offense, including the number who have registered with a local sex offender registry in accordance with local, State, and Federal law and the number who have failed to register with a local sex offender registry in accordance with local, State, and Federal law.”

“(a) Members of the Armed Forces Other Than the Air Force Who Are Detailed to the Institute

“(1) The Department of the Army, the Department of the Navy, and the Department of Homeland Security shall bear the cost of the instruction at the Air Force Institute of Technology that is received by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, and Homeland Security, respectively.

“(2) Members of the Army, Navy, Marine Corps, and Coast Guard may only be detailed for instruction at the Institute on a space-available basis.

“(3) In the case of an enlisted member of the Army, Navy, Marine Corps, or Coast Guard detailed to receive instruction at the Institute, the Secretary of the Air Force shall charge the Secretary concerned only for such costs and fees as the Secretary considers appropriate (taking into consideration the admission of enlisted members on a space-available basis).

“(b) Federal civilian employees other than air force employees who are detailed to the institute

“(1) The Institute shall charge tuition for the cost of providing instruction at the Institute for any civilian employee of a military department (other than a civilian employee of the Department of the Air Force), of another component of the Department of Defense, or of another Federal agency who is detailed to receive instruction at the Institute.

“(2) The cost of any tuition charged an individual under this subsection shall be borne by the department, agency, or component that details the individual for instruction at the Institute.

“(c) Non-detailed persons

“(1) The Secretary of the Air Force may permit persons described in paragraph (2) to receive instruction at the United States Air Force Institute of Technology on a space-available basis.

“(2) Paragraph (1) applies to any of the following persons:

“(A) A member of the armed forces not detailed for that instruction by the Secretary concerned.

“(B) A civilian employee of a military department, of another component of the Department of Defense, of another Federal agency, or of a State’s National Guard not detailed for that instruction by the Secretary concerned or head of the other Department of Defense component, other Federal agency, or the National Guard.

“(C) A United States citizen who is the recipient of a competitively selected Federal or Department of Defense sponsored scholarship or fellowship with a defense focus in areas of study related to the academic disciplines offered by the Air Force Institute of Technology and which requires a service commitment to the Federal government in exchange for educational financial assistance.

“(3) If a scholarship or fellowship described in paragraph (2)(C) includes a stipend, the Institute may accept the stipend payment from the scholarship or fellowship sponsor and make a direct payment to the individual.”

“9314. United States Air Force Institute of Technology: degree granting authority”

“9314a. United States Air Force Institute of Technology: reimbursement and tuition; instruction of persons other than Air Force personnel”

“2380. Commercial item determinations by Department of Defense

“The Secretary of Defense shall—

“(1) establish and maintain a centralized capability with necessary expertise and resources to oversee the making of commercial item determinations for the purposes of procurements by the Department of Defense; and

“(2) provide public access to Department of Defense commercial item determinations for the purposes of procurements by the Department of Defense.”

“(4) Commercial item determination

“(A) For purposes of applying the commercial item exception under paragraph (1)(B) to the required submission of certified cost or pricing data, the contracting officer may presume that a prior commercial item determination made by a military department, a Defense Agency, or another component of the Department of Defense shall serve as a determination for subsequent procurements of such item.

“(B) If the contracting officer does not make the presumption described in subparagraph (A) and instead chooses to proceed with a procurement of an item previously determined to be a commercial item using procedures other than the procedures authorized for the procurement of a commercial item, the contracting officer shall request a review of the commercial item determination by the head of the contracting activity.

“(C) Not later than 30 days after receiving a request for review of a commercial item determination under subparagraph (B), the head of a contracting activity shall—

“(i) confirm that the prior determination was appropriate and still applicable; or

“(ii) issue a revised determination with a written explanation of the basis for the revision.”

“(I) any person serving in such a position on or before January 3, 2013, may continue to serve in that position for a period of 5 years beginning on such date without the required certification; and

“(II) any person hired for such position after January 3, 2013, may have up to one calendar year from the date of employment to obtain the required certification.”

“(g) Certification requirements for Business Opportunity Specialists—A Business Opportunity Specialist described under section 7(j)(10)(D) shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that—

“(1) a Business Opportunity Specialist who was serving on or before January 3, 2013, may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on such date without such a certification; and

“(2) any person hired as a Business Opportunity Specialist after January 3, 2013, may have up to one calendar year from the date of employment to obtain the required certification.”

“(h) Certification requirements for commercial market representatives—A commercial market representative referred to in section 15(q)(3) shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that—

“(1) a commercial market representative who was serving on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 may continue to serve as a commercial market representative for a period of 5 years beginning on such date without such a certification; and

“(2) any person hired as a commercial market representative after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 may have up to one calendar year from the date of employment to obtain the required certification.”

“2222. Defense business systems: business process reengineering; enterprise architecture; management

“(a) Defense business systems generally—The Secretary of Defense shall ensure that each covered defense business system developed, deployed, and operated by the Department of Defense—

“(1) supports efficient business processes that have been reviewed, and as appropriate revised, through business process reengineering;

“(2) is integrated into a comprehensive defense business enterprise architecture; and

“(3) is managed in a manner that provides visibility into, and traceability of, expenditures for the system.

“(b) Issuance of guidance

“(1) Secretary of defense guidance—The Secretary shall issue guidance to provide for the coordination of, and decision making for, the planning, programming, and control of investments in covered defense business systems.

“(2) Supporting guidance—The Secretary shall direct the Deputy Chief Management Officer of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Information Officer, and the Chief Management Officer of each of the military departments to issue and maintain supporting guidance, as appropriate, for the guidance of the Secretary issued under paragraph (1).

“(c) Guidance elements—The guidance issued under subsection (b)(1) shall include the following elements:

“(1) Policy to ensure that the business processes of the Department of Defense are continuously reviewed and revised—

changed “(A) to implement the most streamlined and efficient business processes practicable; andpracticable;

changed “(B) to enable the use of commercial off-the-shelf business systems with the fewest changes necessary to accommodate requirements and interfaces that are unique to the Department of Defense.Defense;

added “(C) to evaluate commercial off-the-shelf business systems for security, resilience, reliability, interoperability, and integration with existing interrelated systems where such system integration and interoperability are essential to Department of Defense operations;

added “(D) to work with commercial off-the-shelf business system developers and owners in adapting systems for Department of Defense use;

added “(E) to work with commercial off-the-shelf business system developers and owners where necessary to evaluate the feasibility of making the necessary changes where needed to adapt systems for Department of Defense use;

added “(F) to perform Department of Defense system audits to determine which systems are related to or rely upon the system to be replaced or integrated with commercial off-the-shelf business systems;

added “(G) to include data mapping as a step in the testing of commercial off-the-shelf business systems prior to deployment; and

added “(H) to perform full backup of systems that will be changed or replaced by the installation of commercial off-the-shelf business systems prior to installation and deployment to ensure reconstitution of the system to a functioning state should it become necessary.

“(2) A process to establish requirements for covered defense business systems.

“(3) Mechanisms for the planning and control of investments in covered defense business systems, including a process for the collection and review of programming and budgeting information for covered defense business systems.

“(4) Policy requiring the periodic review of covered defense business systems that have been fully deployed, by portfolio, to ensure that investments in such portfolios are appropriate.

“(d) Defense business enterprise architecture

“(1) Blueprint—The Secretary, working through the Deputy Chief Management Officer of the Department of Defense, shall develop and maintain a blueprint to guide the development of integrated business processes within the Department of Defense. Such blueprint shall be known as the “defense business enterprise architecture”.

“(2) Purpose—The defense business enterprise architecture shall be sufficiently defined to effectively guide implementation of interoperable defense business system solutions and shall be consistent with the policies and procedures established by the Director of the Office of Management and Budget.

“(3) Elements—The defense business enterprise architecture shall—

“(A) include policies, procedures, business data standards, business performance measures, and business information requirements that apply uniformly throughout the Department of Defense; and

“(B) enable the Department of Defense to—

“(i) comply with all applicable law, including Federal accounting, financial management, and reporting requirements;

“(ii) routinely produce verifiable, timely, accurate, and reliable business and financial information for management purposes; and

“(iii) integrate budget, accounting, and program information and systems.

“(4) Integration into information technology architecture

“(A) The defense business enterprise architecture shall be integrated into the information technology enterprise architecture required under subparagraph (B).

“(B) The Chief Information Officer of the Department of Defense shall develop an information technology enterprise architecture. The architecture shall describe a plan for improving the information technology and computing infrastructure of the Department of Defense, including for each of the major business processes conducted by the Department of Defense.

“(e) Defense business council

“(1) Requirement for council—The Secretary shall establish a Defense Business Council to provide advice to the Secretary on developing the defense business enterprise architecture, reengineering the Department’s business processes, and requirements for defense business systems. The Council shall be chaired by the Deputy Chief Management Officer and the Chief Information Officer of the Department of Defense.

“(2) Membership—The membership of the Council shall include the following:

“(A) The Chief Management Officers of the military departments, or their designees.

“(B) The following officials of the Department of Defense, or their designees:

“(i) The Under Secretary of Defense for Acquisition, Technology, and Logistics with respect to acquisition, logistics, and installations management processes.

“(ii) The Under Secretary of Defense (Comptroller) with respect to financial management and planning and budgeting processes.

“(iii) The Under Secretary of Defense for Personnel and Readiness with respect to human resources management processes.

“(f) Approvals required for development

“(1) Initial approval required—The Secretary shall ensure that a covered defense business system program cannot proceed into development (or, if no development is required, into production or fielding) unless the appropriate approval official (as specified in paragraph (2)) approves the program by determining that the covered defense business system concerned—

“(A) supports a business process that has been, or is being as a result of the acquisition program, reengineered to be as streamlined and efficient as practicable consistent with the guidance issued pursuant to subsection (b), including business process mapping;

“(B) is in compliance with the defense business enterprise architecture developed pursuant to subsection (d) or will be in compliance as a result of modifications planned;

“(C) has valid, achievable requirements; and

“(D) is in compliance with the Department’s auditability requirements.

“(2) Appropriate official—For purposes of paragraph (1), the appropriate approval official with respect to a covered defense business system is the following:

“(A) In the case of a system of a military department, the Chief Management Officer of that military department.

“(B) In the case of a system of a Defense Agency or Defense Field Activity or a system that will support the business process of more than one military department or Defense Agency or Defense Field Activity, the Deputy Chief Management Officer of the Department of Defense.

“(C) In the case of any system, such official other than the applicable official under subparagraph (A) or (B) as the Secretary designates for such purpose.

“(3) Annual certification—For any fiscal year in which funds are expended for development pursuant to a covered defense business system program, the Defense Business Council shall review the system and certify (or decline to certify as the case may be) that it continues to satisfy the requirements of paragraph (1). If the Council determines that certification cannot be granted, the chairman of the Council shall notify the appropriate approval official and the acquisition Milestone Decision Authority for the program and provide a recommendation for corrective action.

“(4) Obligation of funds in violation of requirements—The obligation of Department of Defense funds for a covered defense business system program that has not been certified in accordance with paragraph (3) is a violation of section 1341(a)(1)(A) of title 31.

“(g) Responsibility of milestone decision authority—The Secretary shall ensure that, as part of the defense acquisition system, the requirements of this section are fully addressed by the Milestone Decision Authority for a covered defense business system program as acquisition process approvals are considered for such system.

“(h) Annual report—Not later than March 15 of each year from 2016 through 2020, the Secretary shall submit to the congressional defense committees a report on activities of the Department of Defense pursuant to this section. Each report shall include the following:

“(1) A description of actions taken and planned with respect to the guidance required by subsection (b) and the defense business enterprise architecture developed pursuant to subsection (d).

“(2) A description of actions taken and planned for the reengineering of business processes by the Defense Business Council established pursuant to subsection (e).

“(3) A summary of covered defense business system funding and covered defense business systems approved pursuant to subsection (f).

“(4) Identification of any covered defense business system program that during the preceding fiscal year was reviewed and not approved pursuant to subsection (f) and the reasons for the lack of approval.

“(5) Identification of any covered defense business system program that during the preceding fiscal year failed to achieve initial operational capability within five years after the date the program received Milestone B approval.

“(6) For any program identified under paragraph (5), a description of the plan to address the issues that caused the failure.

“(7) A discussion of specific improvements in business operations and cost savings resulting from successful covered defense business systems programs.

“(8) A copy of the most recent report of the Chief Management Officer of each military department on implementation of business transformation initiatives by such military department in accordance with section 908 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4569; 10 U.S.C. 2222 note).

“(i) Definitions—In this section:

“(1)

“(A) Defense business system—The term “defense business system” means an information system that is operated by, for, or on behalf of the Department of Defense, including any of the following:

“(i) A financial system.

“(ii) A financial data feeder system.

“(iii) A contracting system.

“(iv) A logistics system.

“(v) A planning and budgeting system.

“(vi) An installations management system.

“(vii) A human resources management system.

“(viii) A training and readiness system.

“(B) The term does not include—

“(i) a national security system; or

“(ii) an information system used exclusively by and within the defense commissary system or the exchange system or other instrumentality of the Department of Defense conducted for the morale, welfare, and recreation of members of the armed forces using nonappropriated funds.

“(2) Covered defense business system—The term “covered defense business system” means a defense business system that is expected to have a total amount of budget authority, over the period of the current future-years defense program submitted to Congress under section 221 of this title, in excess of the threshold established for the use of special simplified acquisition procedures pursuant to section 2304(g)(1)(B) of this title.

“(3) Covered defense business system program—The term “covered defense business system program” means a defense acquisition program to develop and field a covered defense business system or an increment of a covered defense business system.

“(4) Enterprise architecture—The term “enterprise architecture” has the meaning given that term in section 3601(4) of title 44.

“(5) Information system—The term “information system” has the meaning given that term in section 11101 of title 40.

“(6) National security system—The term “national security system” has the meaning given that term in section 3542(b)(2) of title 44.

“(7) Milestone decision authority—The term “Milestone Decision Authority”, with respect to a defense acquisition program, means the individual within the Department of Defense designated with the responsibility to grant milestone approvals for that program.

“(8) Business process mapping—The term “business process mapping” means a procedure in which the steps in a business process are clarified and documented in both written form and in a flow chart.”

“(e) Implementation of management headquarters reduction—The Secretary of Defense shall implement the 20 percent reduction directed by the Secretary in July 2013 in management headquarters budget and personnel by September 30, 2019, for the covered organizations in the National Capital Region (as defined in section 2674(f) of title 10, United States Code). Such reductions shall be strategically designed to retain critical functions, capabilities, and skill sets. Management, functions, programs, or offices shall be moved to the lowest appropriate organizational level. In any report issued pursuant to subsection (d), the Secretary may not claim a cost savings solely based on moving management, functions, programs, or offices from one organization to another.”

“(f) Limitation on working-capital fund positions—In implementing the 20 percent reduction referred to in subsection (e), the Secretary of Defense may not reduce the number of Department of Defense civilian employees whose salaries are funded from working-capital funds except in accordance with section 2472 of title 10, United States Code.”

“(1) An accurate baseline accounting of defense headquarters budgets and personnel as of fiscal year 2014, including what is and is not included as part of management headquarters accounting, and a detailed description of the number of personnel, budgets, functions, capabilities, and skill sets.”

“(H) A separate description of—

“(i) the management functions, programs, or offices that were eliminated and how each represents a redundant management or oversight function; and

“(ii) the management, functions, programs, or offices that were moved, and how moving each will result in efficiency.”

changed No amounts authorized to be appropriated or otherwise made available to the Department any department or agency of Defense the United States Government may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2016, the date that is two years after the date of the enactment of this Act to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who—

“(f) Authority to enter into economic order quantity contracts

“(1) The Secretary of the Navy may use funds deposited in the Fund to enter into contracts known as “economic order quantity contracts” with private shipyards and other commercial or government entities to achieve economic efficiencies based on production economies for major components or subsystems. The authority under this subsection extends to the procurement of parts, components, and systems (including weapon systems) common with and required for other nuclear powered vessels under joint economic order quantity contracts.

“(2) A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

“(g) Authority to begin manufacturing and fabrication efforts prior to ship authorization

“(1) The Secretary of the Navy may use funds deposited into the Fund to enter into contracts for advance construction of national sea-based deterrence vessels to support achieving cost savings through workload management, manufacturing efficiencies, or workforce stability, or to phase fabrication activities within shipyard and manage sub-tier manufacturer capacity.

“(2) A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

“(h) Authority to use incremental funding to enter into contracts for certain items

“(1) The Secretary of the Navy may use funds deposited into the Fund to enter into incrementally funded contracts for advance procurement of high value, long lead time items for nuclear powered vessels to better support construction schedules and achieve cost savings through schedule reductions and properly phased installment payments.

“(2) A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

“(i) Facilities funding—The Secretary of the Navy may use funds deposited into the Fund to provide incentives for investments in critical infrastructure at nuclear capable shipyards and critical sub-tier vendors. Additionally, the Secretary of the Navy may use such funds for certain cancellation costs in the event of significant changes to the Long Range Shipbuilding Strategy for nuclear powered vessels.”

“(k) Report to Congress

“(1) The Secretary of the Navy shall submit to the congressional defense committees, by March 1, 2016, and annually through the year 2025, a report on the Fund. Each such report shall identify separately the amount allocated by ship for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion. At a minimum, each such report shall include—

“(A) information about the activities carried out using funds deposited into the Fund during the fiscal year covered by the report, including the status of class design and construction efforts, including programmatic schedules, procurement schedules, and funding requirements.

“(B) a plan detailing forecasted obligations and expenditures for construction (including design of vessels), purchase, alteration, and conversion of vessels by ship for the fiscal year following the fiscal year during which the report is submitted; and

“(C) the identification of the stable need and design for items, together with a description of any savings associated with the authorities provided in subsections (e) and (f), as documented in cost estimates.

“(2) The Secretary of the Navy shall provide to the congressional defense committees notice in writing at least 30 days before executing any significant deviation to the annual plan required under paragraph (1)(B).”

“(3) The term “advance construction” means shipyard manufacturing and fabrication activities (including sub-tier manufacturing of major components or subsystems).”

“(e) Publicly accessible website

“(1) The Secretary of Defense, acting through the Director of the Defense Logistics Agency, shall create and maintain a publicly available Internet website that provides information on the property transferred under this section and the recipients of such property.

“(2) The contents of the Internet website required under paragraph (1) shall include all unclassified information pertaining to the request, transfer, denial, and repossession of controlled property under this section, including—

“(A) a current inventory of all controlled property transferred to law enforcement agencies under this section, listed by recipient, that includes the recipient’s location, by county and State, and the year of the transfer;

“(B) all outstanding requests for transfers of controlled property under this section; and

“(C) information provided by the law enforcement agencies requesting transfers referred to in subparagraph (B).

“(3) The Secretary may not authorize the transfer of any property under this section to a Federal or State agency to which property has been transferred previously unless the agency submits to the Secretary for publication on the Internet website required under paragraph (1) each of the following:

“(A) A description of any controlled property transferred to the agency under this section, which shall be submitted by not later than 30 days after the date on which the agency takes possession of the property.

“(B) An annual report on the use of any controlled property so transferred to the agency, including a description of the context in which the property was used.

“(4) The Secretary may not authorize the transfer of any property under this section to a Federal or State agency until 30 days after a request for the transfer has been published on the Internet website required under paragraph (1).”

“(5) in the case of property that is controlled property, the recipient submits to the Secretary written notice of the intent of the recipient to apply for the controlled property, including authorization of such application by the entity charged with legal oversight of the recipient agency; and

“(6) the recipient agency is located in a State with a State coordinator for the program under this section who—

“(A) has law enforcement experience and is employed by a law enforcement agency or entity with oversight of law enforcement functions;

“(B) serves as the custodian of controlled property transferred to recipients located in that State; and

“(C) has the authority to non-concur with proposed uses of such property.”

changed “(f) Controlled property—In this section, the term “controlled property” means any item assigned a demilitarization code of B, C, D, E, F, G, or Q under Department of Defense Manual 4160.21-M, 4160.21–M, “Defense Materiel Disposition Manual”, or any successor document.”

changed Section 1712(b) 1712 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) is amended by striking “before March 31, 2016” and inserting “before the later of March 31, 2016, or the end of the 60-day period beginning on the date on which the congressional defense committees receive the report of the Commission under section 1703(c)”.amended—

changed The Secretary of Defense shall revise the Air Transportation Eligibility Regulation, DOD 4515.13-R, 4515.13–R, to authorize space-available travel for environmental morale leave by unaccompanied spouses and dependent children of members of the Armed Forces who are deployed for at least 30 consecutive days under priority category IV. The Secretary shall also update any other instructions, directives, or internal policies necessary to facilitate such revision.

“(1) in subsection (a), by striking “by the Secretary of Agriculture, with respect to lands within National Forests in the sixteen contiguous Western States” and inserting “on National Forest System land by the Secretary of Agriculture (notwithstanding, for purposes of this section, the definition in section 103(p))”;”

“1402. Duties of commission

“The Commission shall assess the following:

“(1) The vulnerability of electric-dependent military systems in the United States to a manmade or natural EMP event, giving special attention to the progress made by the Department of Defense, other Government departments and agencies of the United States, and entities of the private sector in taking steps to protect such systems from such an event.

“(2) The evolving current and future threat from state and non-state actors of a manmade EMP attack employing nuclear or non-nuclear weapons.

“(3) New technologies, operational procedures, and contingency planning that can protect electronics and electric-dependent military systems from a manmade or natural EMP event.

“(4) Among the States, if State grids are islanded for protection against manmade or natural EMP, which States should receive highest priority for protecting critical defense assets and for maximizing survival of the national population.”

It is the sense of Congress that—

added “(15) Additional report—Not later than 60 days after the date of the enactment of this paragraph, and every 2 years thereafter, the Secretary of Defense and the Secretary of State jointly shall submit a report to the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives and the Committee on Armed Services and the Committee on the Judiciary of the Senate containing the following:

added “(A) The number of citizens or nationals of Afghanistan employed in Afghanistan by, or on behalf of, entities or organizations described in paragraph (2)(A)(ii).

added “(B) A prediction of the number of such individuals who will be so employed on the date that is 2 years after the date used for the count under subparagraph (A).”

removed It is the sense of Congress that it is in the interest of the United States to continue to assist Afghan partners, and their immediate families, who have served as translators or interpreters and those who have performed sensitive and trusted activities for United States forces.

“(l) Requirements relating to assistance for fiscal year 2016

“(1) Assessment

“(A) In general—Not later than 90 days after the date of the enactment of this subsection, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees an assessment of the extent to which the Government of Iraq is meeting the conditions described in subparagraph (B).

“(B) Conditions—The conditions described in this subparagraph are that the Government of Iraq—

“(i) is addressing the grievances of ethnic and sectarian minorities;

“(ii) is increasing political inclusiveness;

“(iii) is conducting efforts sufficient to reduce support for the Islamic State of Iraq and the Levant and improve stability in Iraq;

“(iv) is legislating the Iraqi Sunni National Guard;

“(v) is ensuring that minorities are represented in adequate numbers, trained, and equipped in government security organizations;

“(vi) is ending support to Shia militias and stopping abuses of elements of the Iraqi population by such militias;

“(vii) is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to security forces with a national security mission in Iraq, including the Kurdish Peshmerga, Sunni tribal security forces with a national security mission, and the Iraqi Sunni National Guard;

“(viii) is releasing prisoners from ethnic or sectarian minorities who have been arrested and held without trial or to charge and try such prisoners in a fair, transparent, and prompt manner; and

“(ix) is taking such other actions as the Secretaries consider appropriate.

“(C) Update—The Secretary of Defense and the Secretary of State may submit an update of the assessment required under subparagraph (A) to the extent necessary.

“(D) Submission—The assessment required under subparagraph (A) and the update of the assessment authorized under subparagraph (C) may be submitted as part of the quarterly report required under subsection (d).

“(2) Restriction on direct assistance to Government of Iraq—If the Secretary of Defense and the Secretary of State do not submit the assessment required by paragraph (1) or if the Secretaries submit the assessment required by paragraph (1) but the assessment indicates that the Government of Iraq has not substantially achieved the conditions contained in the assessment, the Secretaries shall withhold the provision of assistance pursuant to subsection (a) directly to the Government of Iraq for fiscal year 2016 until such time as the Secretaries submit an update of the assessment that indicates that the Government of Iraq has substantially achieved the conditions contained in the assessment.

“(3) Direct assistance to certain covered groups

“(A) In general—Of the funds authorized to be appropriated under this section for fiscal year 2016, not less than 25 percent of such funds shall be obligated and expended for assistance directly to the groups described in subparagraph (E) (of which not less than 12.5 percent of such funds shall be obligated and expended for assistance directly to the group described in clause (i) of such subparagraph).

“(B) Additional direct assistance—If the Secretary of Defense and the Secretary of State withhold the provision of assistance pursuant to subsection (a) directly to the Government of Iraq for fiscal year 2016 in accordance with paragraph (2) of this subsection, the Secretaries shall obligate and expend not less than an additional 60 percent of all unobligated funds authorized to be appropriated under this section for fiscal year 2016 for assistance directly to the groups described in subparagraph (E).

“(C) Cost-sharing requirement inapplicable—The cost-sharing requirement of subsection (k) shall not apply with respect to funds that are obligated or expended for assistance directly to the groups described in subparagraph (E).

changed “(D) Rule of construction—Notwithstanding any other provision of law, the groups described in subparagraph (E) shall each be deemed to be a country for purposes of meeting meet the eligibility requirements of section 3 of the Arms Export Control Act (22 U.S.C. 2753) and chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.).

“(E) Covered groups—The groups described in this subparagraph are—

“(i) the Kurdish Peshmerga;

“(ii) Sunni tribal security forces with a national security mission; and

“(iii) the Iraqi Sunni National Guard.”

added “(1) In general—Subject to paragraph (2), the Secretary of Defense”

added “(2) Report required—At the same time the Secretary of Defense submits a request for a reprogramming or transfer of funds under paragraph (1), the Secretary shall submit to the appropriate congressional committees a report that contains the following:

added “(A) Update—An update of the comprehensive strategy required under section 1225(b) of the National Defense Authorization Act for Fiscal Year 2016.

added “(B) Certification—A certification that—

added “(i) a required number and type of United States Armed Forces have been established to meet the objectives of the strategy and such Armed Forces, including support and enablers, have been or will be deployed to meet the objectives of the strategy; and

added “(ii) a required amount of support, including support provided by United States Armed Forces and enablers, has been or will be provided by the United States to the elements of the Syrian opposition that are to be trained and equipped under this section to ensure that such elements are able to defend themselves from attacks by ISIL and Government of Syria forces consistent with the purposes set forth in subsection (a).

added “(C) Use of funds—A detailed description of how the funds subject to the request for a reprogramming or transfer of funds under paragraph (1) will be used to meet the objectives of the strategy.”

removed Section 1209 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) is amended by striking subsection (f) and inserting the following:

removed “(f) Funding—Of the amounts authorized to be appropriated in this Act for Overseas Contingency Operations in title XV for fiscal year 2016, there are authorized to be appropriated $531,500,000 to carry out this section.”