H.R. 1735 — what changed

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

added 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:

added Section 123(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1655) is amended by inserting “or Flight III” after “Flight IIA”.

added None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for the Air Force may be obligated or expended during such fiscal year to divest or transfer, or prepare to divest or transfer, KC–10 aircraft.

added Subsection (d) of section 1073 of the Ike Skeleton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2359 note) is amended by striking “through 2015” and inserting “through 2020”.

added Section 2194(a) of title 10, United States Code, is amended by inserting after “mathematics,” the following: “technology transfer or transition,”.

added “2922h. Limitation on procurement of drop-in fuels

added “(a) Limitation—Except as provided in subsection (b), the Secretary of Defense may not make a bulk purchase of a drop-in fuel for operational purposes unless the fully burdened cost of that drop-in fuel is cost-competitive with the fully burdened cost of a traditional fuel available for the same purpose.

added “(b) Waiver

added “(1) Subject to the requirements of paragraph (2), the Secretary of Defense may waive the limitation under subsection (a) with respect to a purchase.

added “(2) Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees notice of the waiver. Any such notice shall include each of the following:

added “(A) The rationale of the Secretary for issuing the waiver.

added “(B) A certification that the waiver is in the national security interest of the United States.

added “(C) The expected fully burdened cost of the purchase for which the waiver is issued.

added “(c) Definitions—In this section:

added “(1) The term “drop-in fuel” means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment.

added “(2) The term “traditional fuel” means a liquid hydrocarbon fuel derived or refined from petroleum.

added “(3) The term “operational purposes”—

added “(A) means for the purposes of conducting military operations, including training, exercises, large scale demonstrations, and moving and sustaining military forces and military platforms; and

added “(B) does not include research, development, testing, evaluation, fuel certification, or other demonstrations.

added “(4) The term “fully burdened cost” means the commodity price of the fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.”

added “7235. Establishment of the Southern Sea Otter Military Readiness Areas

added “(a) Establishment—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:

added “(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:

added “(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.

added “(b) Activities within the Southern Sea Otter Military Readiness Areas

added “(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.

added “(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.

added “(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 the Endangered Species Act of 1973 (16 U.S.C. 1533).

added “(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.

added “(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, in consultation with the Secretary of the Navy, determines 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.

added “(e) Monitoring

added “(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.

added “(2) Reports—Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).

added “(f) Definitions—In this section:

added “(1) Southern sea otter—The term “southern sea otter” means any member of the subspecies Enhydra lutris nereis.

added “(2) Take—The term “take”—

added “(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

added “(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.

added “(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.

added “(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.

added “(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.”

added “(j) Applicability of section—This section does not apply to a non-energy project.”

added “(4) The term “energy project” means a project that provides for the generation or transmission of electrical energy.

added “(5) The term “non-energy project” means a project that is not an energy project.

added “(6) The term “landowner” means a person or other legal entity that owns a fee interest in real property on which a proposed energy project is planned to be located.”

added Section 3(2)(B)(v) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended by striking “, and” and inserting “and any component of such an article (including, without limitation, shot, bullets and other projectiles, propellants when manufactured for or used in such an article, and primers), and”.

added Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: “This section shall not apply to the Department of Defense.”.

added The Secretary of Defense may not enter into a contract for the planning, design, refurbishing, or construction of a biofuels refinery any other facility or infrastructure used to refine biofuels unless such planning, design, refurbishing, or construction is specifically authorized by law.

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

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

added “(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, 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 and Comparing the Full Costs of Civilian and Active Duty Military Manpower and Contract Support””) or successor guidance, consistent with the needs of the Department with respect to factors other than cost, including quality, reliability, and timeliness.

added “(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 or Department of Defense civilian employees.

added “(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.

added “(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).

added “(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—

added “(1) the Secretary of Defense may not—

added “(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

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

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

added “(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.”

added Section 2505(b) of title 10, United States Code, is amended—

added “(3) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries supporting the sectors or capabilities in the assessment and evaluate the reasons for any variance from applicable preceding determinations;”

added Section 341 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3345) is amended—

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

added “(1) For the Army, 475,000.

added “(2) For the Navy, 329,200.

added “(3) For the Marine Corps, 184,000.

added “(4) For the Air Force, 317,000.”

added “(E) If the Secretary of the military department concerned determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.”

added “(E) If the Secretary of the military department concerned determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.”

added “(c) Deferred retirement of chaplains

added “(1) The Secretary of the military department concerned may defer the retirement under subsection (a) of an officer serving in a general or flag officer grade who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force.

added “(2) A deferment of the retirement of an officer referred to in paragraph (1) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.

added “(3) The authority to defer the retirement of an officer referred to in paragraph (1) expires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.”

added “1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions”

added Section 14502(b) of title 10, United States Code, is amended—

added Section 10149 of title 10, United States Code, is amended—

added “(6) That members who also occupy a Federal key position whose mobilization in an emergency would seriously impair the capability of the parent Federal agency or office to function effectively are not retained in the Ready Reserve.”

added “(c) In this section, the term “Federal key position” means a Federal position that shall not be vacated during a national emergency or mobilization without seriously impairing the capability of the parent Federal agency or office to function effectively. There are four categories of Federal key positions, the first three of which are, by definition, key positions while the fourth category requires a case-by-case determination and designation, as follows:

added “(1) The Vice President of the United States or any official specified in the order of presidential succession in section 19 of title 3.

added “(2) The heads of the Federal agencies appointed by the President with the consent of the Senate, except that this paragraph does not include any position on a multi-member board or commission. Such a position may be designated as a Federal key position only in accordance with paragraph (4).

added “(3) Article III Judges. However, each Article III Judge, who is a member of the Ready Reserve and desires to remain in the Ready Reserve, must have his or her position reviewed by the Chief Judge of the affected Judge's Circuit. If the Chief Judge determines that mobilization of the Article III Judge concerned will not seriously impair the capability of the Judge's court to function effectively, the Chief Judge will provide a certification to that effect to the Secretary concerned. Concurrently, the affected Judge will provide a statement to the Secretary concerned requesting continued service in the Ready Reserve and acknowledging that he or she may be involuntarily called to active duty under the laws of the United States and the directives and regulations of the Department of Defense and pledging not to seek to be excused from such orders based upon his or her judicial duties.

added “(4) Other Federal positions determined by the head of a Federal Agency.”

added Section 10216(b)(3) of title 10, United States Code, is amended by inserting after “reductions” the following: “(including temporary reductions by furlough or otherwise)”.

added “(b) Annual report on Non-Federalized service National Guard personnel, training, and equipment requirements

added “(1) Not later than January 31 of each of calendar years 2016 through 2022, the Chief of the National Guard Bureau shall submit to the congressional defense committees and the officials specified in paragraph (5) a report setting forth the personnel, training, and equipment required by the National Guard during the next fiscal year to carry out its mission, while not Federalized, to provide prevention, protection mitigation, response, and recovery activities in support of civilian authorities in connection with non-catastrophic natural and man-made disasters.

added “(2) To determine the annual personnel, training, and equipment requirements of the National Guard referred to in paragraph (1), the Chief of the National Guard Bureau shall take into account, at a minimum, the following:

added “(A) Core civilian capabilities gaps for the prevention, protection, mitigation, response, and recovery activities in connection with natural and man-made disasters, as collected by the Department of Homeland Security from the States.

added “(B) Threat and hazard identifications and risk assessments of the Department of Defense, the Department of Homeland Security, and the States.

added “(3) Personnel, training, and equipment requirements shall be collected from the States, validated by the Chief of the National Guard Bureau, and be categorized in the report required by paragraph (1) by each of the following:

added “(A) Emergency support functions of the National Response Framework.

added “(B) Federal Emergency Management Agency regions.

added “(4) The annual report required by paragraph (1) shall be prepared in consultation with the chief executive of each State, other appropriate civilian authorities, and the Council of Governors.

added “(5) In addition to the congressional defense committees, the annual report required by paragraph (1) shall be submitted to the following officials:

added “(A) The Secretary of Defense.

added “(B) The Secretary of Homeland Security.

added “(C) The Council of Governors.

added “(D) The Secretary of the Army.

added “(E) The Secretary of the Air Force.

added “(F) The Commander of the United States Northern Command.

added “(G) The Commander of the United States Cyber Command.”

added “10504. Chief of the National Guard Bureau: annual reports”

added “116. Operational use of the National Guard

added “(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—

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

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

added “(b) Assistance to Civilian Firefighting Organizations

added “(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.

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

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

added “(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.”

added Chapter 1209 of title 10, United States Code, is amended—

added “I Administration of Reserve Duty”

added “12323. Policies and procedures

added “(a) In general—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe such policies and procedures for the armed forces under their respective jurisdictions as the Secretary considers necessary to carry out this chapter.

added “(b) Report to congress—When members of the Ready Reserve are ordered to active duty pursuant to section 12351(b) of this title, the Secretary of Defense shall submit a report, at least once a year, to the Committees on Armed Services of the Senate and the House of Representatives describing the policies and procedures prescribed under subsection (a).”

added “II Reserve Duty Authorities

added “12341. Active duty

added “(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).

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

added “(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.

added “(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.

added “(c) Continuous period of duty

added “(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.

added “(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.

added “12342. Call to Federal service

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

added “(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.

added “(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.

added “(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.

added “12343. Inactive duty

added “(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).

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

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

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

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

added “(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.”

added Chapter 1209 of title 10, United States Code, is further amended by inserting after section 12343, as added by section 522(a), the following new subchapter:

added “III Purpose of Reserve Duty

added “12351. Reserve component: required duty

added “(a) Mobilization of the reserve components

added “(1) In general—In time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty under section 12341 of this title for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available.

added “(2) Expansions—So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty as provided in paragraph (1), members of units organized and trained to serve as units who are ordered to that duty without their consent shall be so ordered with their units. However, members of those units may be reassigned after being so ordered to active duty.

added “(3) Period of time—The period of time allowed between the date when a Reserve ordered to active duty pursuant to paragraph (1) is alerted for that duty and the date when the Reserve is required to enter upon that duty shall be determined by the Secretary concerned based upon military requirements at that time.

added “(b) Ready reserve mobilization—In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty under section 12341 of this title for not more than 24 consecutive months. Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time.

added “(c) Call-up of the selected reserve and certain individual ready reserve members; other than during war or national emergency

added “(1) In general—Notwithstanding the provisions of subsection (b) or any other provision of law, when the President determines that it is necessary to augment the active forces for any operational mission or that it is necessary to provide assistance referred to in paragraph (2), the President may authorize the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty under section 12341 of this title for not more than 365 days.

added “(2) Emergencies—The augmentation under paragraph (1) includes providing assistance in responding to an emergency involving—

added “(A) a use or threatened use of a weapon of mass destruction; or

added “(B) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.

added “(3) Function limitation—No unit or member of a reserve component may be ordered to active duty pursuant to this subsection to perform any of the functions authorized by chapter 15 of this title or section 12406 of this title or, except as provided in paragraph (2), to provide assistance to the Federal Government or a State in time of a serious natural or manmade disaster, accident, or catastrophe.

added “(4) Numerical limitation—Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve may be on active duty pursuant to this subsection at any one time, of whom not more than 30,000 may be members of the Individual Ready Reserve.

added “(5) Response capabilities—No unit or member of a reserve component may be ordered to active duty pursuant to this subsection to provide assistance referred to in paragraph (2) unless the President determines that the requirements for responding to an emergency referred to in that subsection have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies.

added “(6) Termination—Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty pursuant to paragraph (1), the service of all units or members so ordered to active duty may be terminated by—

added “(A) order of the President; or

added “(B) law.

added “(7) Report—Whenever the President authorizes the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating to order any unit or member of the Selected Reserve or Individual Ready Reserve to active duty, pursuant to paragraph (1), the President shall, within 24 hours after exercising such authority, submit to Congress a report setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of these units or members.

added “(8) Rule of construction—Nothing contained in this subsection shall be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).

added “(d) Annual active duty—At any time, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty under section 12341 of this title for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard). The consent of a Governor may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.

added “(e) Ready reserve: unsatisfactory participation

added “(1) Authority to order to active duty

added “(A) In general—Notwithstanding any other provision of law, the President may order to active duty under section 12341 of this title any member of the Ready Reserve of an armed force who—

added “(i) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve;

added “(ii) has not fulfilled the member’s statutory reserve obligation; and

added “(iii) has not served on active duty for a total of 24 months.

added “(B) Duration and extension—A member who is ordered to active duty pursuant to paragraph (1) may be required to serve on active duty until the member’s total service on active duty equals 24 months. If the member’s enlistment or other period of military service would expire before the member has served the required period under this paragraph, the enlistment or other period of military service may be extended until the member has served the required period.

added “(2) Failure to perform satisfactorily

added “(A) In general—A member of the Ready Reserve covered by section 12352 of this title who fails in any year to perform satisfactorily the training duty prescribed in that section, as determined by the Secretary concerned under regulations prescribed by the Secretary of Defense, may be ordered without the member’s consent to perform additional active duty for training under section 12341 of this title for not more than 45 days. If the failure occurs during the last year of the member’s required membership in the Ready Reserve, the member’s membership is extended until the member performs that additional active duty for training, but not for more than six months.

added “(B) Army national guard or air national guard—A member of the Army National Guard of the United States or the Air National Guard of the United States who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State (or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard) be ordered, without the member’s consent, to perform additional active duty for training under section 12341 of this title for not more than 45 days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be. However, the consent of a Governor may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.

added “(f) Captive status—A member of a reserve component may be ordered to active duty under section 12341 of this title without the member’s consent if the Secretary concerned determines that the member is in a captive status. A member ordered to active duty under this section may not be retained on active duty, without the member’s consent, for more than 30 days after the member’s captive status is terminated.

added “(g) Muster duty—A member of the Ready Reserve may be ordered without the member’s consent to muster duty under section 12343 of this title one time each year. A member ordered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster. The muster duty shall be subject to the following requirements:

added “(1) Period of time—The period which a member may be required to devote to muster duty under this section, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year.

added “(2) Treatment as inactive duty and travel—Except as specified in paragraph (3), muster duty (and travel directly to and from that duty) under this section shall be treated as inactive duty (and travel directly to and from that duty) for the purposes of this title and the provisions of title 37 (other than section 206(a) of title 37) and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive duty and for their dependents and survivors.

added “(3) Not credited for retired pay purposes—Muster duty under this subsection shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title.

added “(h) Consideration for mobilization—To achieve fair treatment between members in the Ready Reserve who are being considered for recall to duty without their consent pursuant to subsection (b), (c) or (e)(1), consideration shall be given to—

added “(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;

added “(2) the frequency of assignments during service career;

added “(3) family responsibilities; and

added “(4) employment necessary to maintain the national health, safety, or interest.

added “(j) Definitions—In this section:

added “(1) Captive status—The term “captive status” means the status of a member of the armed forces who is in a missing status (as defined in section 551(2) of title 37) which occurs as the result of a hostile action and is related to the member’s military status.

added “(2) Individual ready reserve mobilization category—The term “Individual Ready Reserve mobilization category” means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144(b) of this title.

added “(3) Weapons of mass destruction—The term “weapon of mass destruction” has the meaning given that term in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302).

added “12352. Reserve component: required training

added “(a) Purpose—Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Department in which the Coast Guard is operating, each person who is enlisted, inducted, or appointed in an armed force, and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the Ready Reserve, to maintain readiness as determined by the Secretary concerned by—

added “(1) participating in at least 48 scheduled drills or training periods during each year pursuant to section 12343 of this title and serve on active duty for training under section 12341 of this title for not less than 14 days (exclusive of travel time) during each year; or

added “(2) serving on active duty for training under section 12341 of this title for not more than 30 days during each year.

added “(b) Exception for certain members—A member who has served on active duty for one year or longer may not be required to perform a period of active duty for training if the first day of that period falls during the last 120 days of the member’s required membership in the Ready Reserve.

added “12353. Reserve component: optional duty

added “(a) Active duty

added “(1) In general—At any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty under section 12341 of this title, or retain the member on active duty, with the consent of that member for training, to provide operational support or perform other duty as determined by the Secretary concerned.

added “(2) Purposes—Such duty includes service on active duty for the purpose specified in section or section 802(d), 1491, 3038, 5143, 5144, 8038, 10211, 10301 through 10305, 10502, 10505, 10506, 10507, 12402, or 12405 of this title.

added “(3) Army national guard or air national guard—However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the Governor or other appropriate authority of the State concerned. The consent of a Governor may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.

added “(b) Active duty for health care

added “(1) In general—When authorized by the Secretary of Defense, the Secretary of a military department may, with the consent of the member, order a member of a reserve component to active duty under section 12341 of this title—

added “(A) to receive authorized medical care;

added “(B) to be medically evaluated for disability or other purposes; or

added “(C) to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member.

added “(2) Treatment for or recovery from an injury, illness or disease—A member of a uniformed service described in paragraph (1)(B) or (2)(B) of section 1074a(a) of this title may be ordered to active duty under section 12341 of this title, and a member of a uniformed service described in paragraph (1)(A) or (2)(A) of section 1074a may be continued on active duty under section 12341 of this title, for a period of more than 30 days while the member is being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the line of duty as described in any of such paragraphs.

added “(3) Retention on active duty—A member ordered to active duty under this subsection may, with the member’s consent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law.

added “(4) Army national guard or air national guard—However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the Governor or other appropriate authority of the State concerned.

added “(c) Organizing, administering, etc., reserve components

added “(1) In general—The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to section 12341 of this title to perform Active Guard and Reserve duty to organize, administer, recruit, instruct, or train the reserve components.

added “(2) Reserve grade; eligibility for promotion—A Reserve ordered to active duty under paragraph (1) shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve continues to be eligible for promotion as a Reserve, if otherwise qualified.

added “(3) Additional duties—A Reserve on active duty under this subsection may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the Reserve’s primary Active Guard and Reserve duties described in paragraph (1):

added “(A) Supporting reserve components—Supporting operations or missions assigned in whole or in part to the reserve components.

added “(B) Supporting units—Supporting operations or missions performed or to be performed by—

added “(i) a unit composed of elements from more than one component of the same armed force; or

added “(ii) a joint forces unit that includes—

added “(I) one or more reserve component units; or

added “(II) a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit.

added “(C) Advising—Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters.

added “(D) Instruction or training—Instructing or training in the United States, the Commonwealth of Puerto Rico, or possessions of the United States of—

added “(i) active-duty members of the armed forces;

added “(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);

added “(iii) Department of Defense contractor personnel; or

added “(iv) Department of Defense civilian employees.

added “(4) Operations relating to defense against weapons of mass destruction and terrorist attacks

added “(A) In general—Notwithstanding paragraph (3), a Reserve on active duty as described in paragraph (1), or a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 in connection with functions referred to in paragraph (1), may, subject to subparagraph (C), perform duties in support of emergency preparedness programs to prepare for or to respond to any emergency involving any of the following:

added “(i) Weapons of mass destruction—The use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302) in the United States.

added “(ii) Terrorist attack or threatened terrorist attack—A terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.

added “(iii) Release of certain materials—The intentional or unintentional release of nuclear, biological, radiological, or toxic or poisonous chemical, materials in the United States that results, or could result, in catastrophic loss of life or property.

added “(iv) Natural or man-made disaster—A natural or manmade disaster in the United States that results in, or could result in, catastrophic loss of life or property.

added “(B) Costs—The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a Reserve performing duties under the authority of paragraph (1) shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that Reserve who are performing duties as described in paragraph (1).

added “(C) Civil support team—A Reserve may perform duty described in subparagraph (A) only while assigned to a reserve component weapons of mass destruction civil support team.

added “(D) Annual end strength authorization and justification material—Reserves on active duty who are performing duties described in subparagraph (A) shall be counted against the annual end strength authorizations required by sections 115(a)(1)(B) and 115(a)(2) of this title. The justification material for the defense budget request for a fiscal year shall identify the number and component of the Reserves programmed to be performing duties described in subparagraph (A) during that fiscal year.

added “(E) Certification required—A reserve component weapons of mass destruction civil support team, and any Reserve assigned to such a team, may not be used to respond to an emergency described in subparagraph (A) unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that team, or that Reserve, possesses the requisite skills, training, and equipment to be proficient in all mission requirements.

added “(F) Request for legislation—If the Secretary of Defense submits to Congress any request for the enactment of legislation to modify the requirements of subparagraphs (A) and (C), the Secretary shall provide with the request—

added “(i) justification for each such requested modification; and

added “(ii) the Secretary’s plan for sustaining the qualifications of the personnel and teams described in subparagraph (C).

added “(G) Definition of united states—In this subsection, the term “United States” includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

added “(5) Training—A Reserve on active duty as described in this subsection may be provided training consistent with training provided to other members on active duty, as the Secretary concerned sees fit.

added “(d) Inactive duty

added “(1) In general—At any time, an authority designated by the Secretary concerned may require a member of a reserve component under the Secretary’s jurisdiction, with the consent of the member, to perform inactive duty under section 12343 of this title to provide readiness training, perform administrative function to prepare for unit training, perform funeral honors functions at the funeral of a veteran as defined in section 1491 of this title (other than for members of the Army National Guard of the United States or the Air National Guard of the United States who perform funeral honors duty under section 502(g) of title 32), or perform other inactive duty as determined by the Secretary concerned.

added “(2) Pay—As directed by the Secretary concerned, a member performing funeral honors functions may be paid—

added “(A) the allowance under section 495 of title 37; or

added “(B) compensation under section 206 of title 37.

added “(3) Travel and transportation expenses—A member who performs funeral honors functions may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under section 495 of title 37 if such duty is performed at a location 50 miles or more from the member’s residence.”

added “502. Required training, field exercises, and other duty”

added “(C) Support for funerals of veterans of the armed forces pursuant to section 1491 of title 10.”

added “(3) Full-time national guard duty—Full-time National Guard duty shall not be performed on land outside the United States, its territories or possessions.

added “(4) Purpose of call order—To account for manpower utilization and expenditure of appropriations, each order to full-time National Guard duty shall cite the purpose of the call or order as provided in this section or section 112, 114, 316, 503, 504, 505, 509, or 904 of this title.

added “(5) Limitations and restrictions—A member of the National Guard shall not be ordered to full-time National Guard duty or retained on full-time National Guard duty beyond the limitations and restrictions specified in the purpose of the order to full-time National Guard duty.

added “(6) Amended orders—When the purpose for the member to serve on full-time National Guard duty changes, the order to full-time National Guard duty shall be amended to cite the new purpose and applicable funding code, but the member shall remain on the same order to full-time National Guard duty.

added “(7) Continuous Federal service—If a member is released from full-time National Guard duty and subsequently ordered to active 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.”

added “(g) Inactive duty

added “(1) In general—Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, which shall conform to regulations prescribed by the Secretary of Defense for reserve component members, a member of the National Guard may be required to perform inactive duty, in addition to that prescribed under subsection (a), to provide additional readiness training, perform administrative function to prepare for unit training, perform funeral honors functions for veterans of the armed forces pursuant to section 1491 of title 10, or perform other inactive duty as authorized by the Secretary concerned.

added “(2) Documentation—To account for manpower utilization and expenditure of appropriations, the purpose for inactive duty and the associated funding code shall be documented.

added “(3) Designated hostile fire or imminent danger area—Inactive duty shall not be performed in designated hostile fire or imminent danger area.

added “(4) Land outside the united states, its territories or possessions—Inactive duty shall not be performed on land outside the United States, its territories or possessions.

added “(5) Duration of inactive duty—Each period of inactive duty shall be for duration of at least two hours.

added “(6) Duration of compensation and service credit—Compensation under section 206 of title 37 and service credit under section 12732(a)(2)(E) of title 10 shall not exceed two periods of inactive duty in a calendar day.

added “(7) Pay for performing funeral honors—As directed by the Secretary concerned, a member performing funeral honors functions may be paid—

added “(A) the allowance under section 495 of title 37; or

added “(B) compensation under section 206 of title 37.”

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

added “(A) performing active duty or inactive duty;

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

added “(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;”

added Section 524(a) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3361; 10 U.S.C. 113 note) is amended—

added “(3) measure the combat readiness of combat units, including special operations forces.”

added “(i) Burdens of Proof—The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General under subsection (c) or (d), any review performed by a board for the correction of military records under subsection (g), and any review conducted by the Secretary of Defense under subsection (h).”

added “(b) Change in gender identity—The Secretary concerned shall reissue a certificate of discharge or an order of acceptance of resignation in the new name of any person who, after separation from the armed forces, undergoes a change in gender identity and assumes a different name.”

added “1551. Correction of name after separation from service”

added The Secretary of the Army shall develop a comprehensive policy regarding breastfeeding by female members of the Army who are breastfeeding. At a minimum, the policy shall address the following:

added 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.

added “(2) The Secretary of Defense shall direct the Secretary of each military department to implement additional selection criteria requiring that judge advocates have adequate criminal justice experience before they are assigned as Special Victims’ Counsel.

added “(3) The Secretary of Defense shall develop a policy to standardize both the time frame within which Special Victims’ Counsel receive training and the training that each Special Victims’ Counsel receives.”

added “(3) The Secretary of Defense shall establish appropriate program performance measures and standards, including evaluating, monitoring, and reporting on the Special Victims’ Counsel programs, establishing guiding principles for the military departments, and ensuring centralized, standardized assessment of program effectiveness and client satisfaction.

added “(4) The Secretary of Defense shall direct the Secretary of each military department to perform regular evaluations to ensure that Special Victims’ Counsel are assigned to locations that maximize the opportunity for face-to-face interactions between counsel and clients and to develop effective means by which a Special Victims’ Counsel may communicate with a client when face-to-face communication is not feasible.”

added Section 1044e(a)(2) of title 10, United States Code, is amended by adding the following new subparagraph:

added “(C) A civilian employee of the Department of Defense who is not eligible for military legal assistance under section 1044(a)(7) of this title, but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department concerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee.”

added Section 1044e(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (C), as added by section 542, the following new subparagraph:

added “(D) An individual who is a former dependent of a member or former member of the armed forces described in subparagraph (A) or (B), if the alleged sex-related offense—

added “(i) was perpetrated by a person who is, or is reasonably believed to be, a person subject to chapter 47 of this title (the Uniform Code of Military Justice) pursuant to section 802 of this title (article 2(a) of the Uniform Code of Military Justice); and

added “(ii) occurred while the individual was a dependent of the member or former member.”

added Section 1044e(b) of title 10, United States Code is amended—

added “(9) Legal representation and assistance in any action or proceeding that, in the judgment of the Special Victims’ Counsel, may have been undertaken in retaliation for the victim’s report of an alleged sex-related offense or for the victim’s involvement in related military justice proceedings.”

added “(h) Victim Participation in Nonjudicial Punishment Proceedings

added “(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).

added “(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.

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

added “(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.

added “(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.

added “(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).

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

added “1159. Victim participation in administrative separation proceedings

added “(a)

added “(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.

added “(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.

added “(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.

added “(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.”

added “(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—

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

added “(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

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

added “(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.

added “(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.””

added Section 832(c) of title 10, United States Code (article 32(c) of the Uniform Code of Military Justice), is amended—

added “(2) The report prepared under paragraph (1) shall be provided to the victim, without charge, at the same time as the report is delivered to the accused.”

added “(A) dismissal or dishonorable discharge; and

added “(B) confinement for two years.”

added Not later than 180 days after the date of the enactment of this Act, Rule 1103 of the Manual for Courts-Martial (relating to preparation of the record of trial) shall be amended to ensure that, for any general or special court-martial proceeding under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), trial counsel shall prepare a complete record of trial, consisting of each available content item, matter, or attachment specified in the Rule. No content item, matter, or attachment may be exempted based on the outcome of the court-martial proceeding.

added “(12) Information and data collected on sexual harassment involving members of the Armed Forces during the year covered by the report. The information shall include the number of substantiated and unsubstantiated cases, a synopsis of each such substantiated case, and the action taken in each substantiated case, including the type of disciplinary or administrative sanction imposed, if any, such as conviction and sentence by court-martial, imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), or administrative separation or other type administrative action imposed.”

added “(13)

added “(A) Information and data collected on reports of retaliation against alleged victims of sexual assault, including the number of substantiated and unsubstantiated cases.

added “(B) In this paragraph, the term “retaliation” has the meaning given such term by the Secretary of Defense as required by section 1709(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 962; 10 U.S.C. 113 note).”

added The Secretary of Defense shall establish and issue uniform guidance to ensure that, with respect to any case involving any sex-related offense, mental health records of the alleged victim of the sex-related offense and communications related to such mental health records that are maintained by a Department of Defense medical treatment facility are neither sought by investigators or military justice practitioners nor acknowledged or released by the medical treatment facility unless and until the production of such mental health records or communications has been ordered by a military judge or a hearing officer described in section 832(b) of title 10, United States Code (article 32 of the Uniform Code of Military Justice).

added “(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.”

added The Secretary of Defense shall examine the Department of Defense and interagency review process for implementing statutory changes to the Uniform Code of Military Justice for the purpose of developing options for streamlining such process. The Secretary shall adopt procedures to ensure that legal guidance is published at the same time as statutory changes to the Uniform Code of Military Justice are implemented.

added Section 1142(a)(4) of title 10, United States Code, is amended—

added “(C) For purposes of calculating the days of active duty of a member under subparagraph (A), the Secretary concerned shall exclude any day on which—

added “(i) the member performed full-time training duty or annual training duty; and

added “(ii) the member attended, while in the active military service, a school designated as a service school by law or by the Secretary concerned.”

added Section 1144 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(f) Additional training opportunities

added “(1) As part of the program carried out under this section, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy, shall permit a member of the armed forces eligible for assistance under the program to elect to receive additional training in any of the following subjects:

added “(A) Preparation for higher education or training.

added “(B) Preparation for career or technical training.

added “(C) Preparation for entrepreneurship.

added “(D) Other training options determined by the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy.

added “(2) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, when the Coast Guard is not operating within the Department of the Navy, shall ensure that a member of the armed forces who elects to receive additional training in subjects available under paragraph (1) is able to receive the training.”

added “(l) Eligible individuals defined—For the purposes of this section, the term “eligible individual” means a member of a reserve component, a member of their family, or a designated representative who the Secretary of Defense determines to be eligible for the Yellow Ribbon Reintegration Program.”

added “(3) Grants—The Office for Reintegration Programs may make grants to conduct data collection, trend analysis, and curriculum development and to prepare reports in support of activities under this section.”

added “(g) Operation of program

added “(1) In general—The Office for Reintegration Programs shall assist State National Guard and Reserve organizations with the development and provision of information, events, and activities to support the health and well-being of eligible individuals before, during, and after periods of activation, mobilization, or deployment.

added “(2) Focus of information, events, and activities

added “(A) Before activation, mobilization, or deployment—Before a period of activation, mobilization, or deployment, the information, events, and activities described in paragraph (1) should focus on preparing eligible individuals and affected communities for the rigors of activation, mobilization, and deployment.

added “(B) During activation, mobilization, or deployment—During such a period, the information, events, and activities described in paragraph (1) should focus on—

added “(i) helping eligible individuals cope with the challenges and stress associated with such period;

added “(ii) decreasing the isolation of eligible individuals during such period; and

added “(iii) preparing eligible individuals for the challenges associated with reintegration.

added “(C) After activation, mobilization, or deployment—After such a period, but no earlier than 30 days after demobilization, the information, events, and activities described in paragraph (1) should focus on—

added “(i) reconnecting the member with their families, friends, and communities;

added “(ii) providing information on employment opportunities;

added “(iii) helping eligible individuals deal with the challenges of reintegration;

added “(iv) ensuring that eligible individuals understand what benefits they are entitled to and what resources are available to help them overcome the challenges of reintegration; and

added “(v) providing a forum for addressing negative behaviors related to operational stress and reintegration.

added “(3) Member pay—Members shall receive appropriate pay for days spent attending such events and activities.

added “(4) Minimum number of events and activities—The State National Guard and Reserve Organizations shall provide to eligible individuals—

added “(A) one event or activity before a period of activation, mobilization, or deployment;

added “(B) one event or activity during a period of activation, mobilization, or deployment; and

added “(C) two events or activities after a period of activation, mobilization, or deployment.”

added “(16) Stress management and positive coping skills.”

added “(i) Support of suicide prevention efforts—The Office for Reintegration Programs shall assist the Defense Suicide Prevention Office and the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury to collect and analyze information, suggestions, and best practices from State National Guard and Reserve organizations with suicide prevention and community response programs.”

added Section 4312(c)(4)(A) of title 38, United States Code, is amended by inserting after “12304,” the following: “12304a, 12304b,”.

added Section 320 of title 38, United States Code, is amended—

added “(e) Job Training and Post-Service Placement Executive Committee—The Job Training and Post-Service Placement Executive Committee described in subsection (b)(2) shall—

added “(1) review existing policies, procedures, and practices of the Departments (including the military departments) with respect to job training and post-service placement programs; and

added “(2) identify changes to such policies, procedures, and practices to improve job training and post-service placement.”

added Section 558 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2015 note) is amended by adding at the end the following new subsection:

added “(e) Inclusion of specified military occupational specialties—The pilot program required by this section shall include at a minimum the following military occupational specialties:

added “(1) Army 31B Military Police.

added “(2) Navy MA Master-At-Arms.

added “(3) Air Force 3P0X1 Security Forces.

added “(4) Marine Corps 5811 Military Police.

added “(5) Army 11B Infantryman.

added “(6) Marine Corps 0311 Rifleman.”

added Section 554(f) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1785 note) is amended by striking “2016” and inserting “2018”.

added The Secretary of Defense may make grants to nonprofit organizations that provide services to improve the academic achievement of military dependent students, including those nonprofit organizations whose programs focus on improving the civic responsibility of military dependent students and their understanding of the Federal Government through direct exposure to the operations of the Federal Government.

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of a study regarding the feasibility of using the Defense Enrollment Eligibility Reporting System (DEERS) to maintain records of where students who are dependents of members of the Armed Forces or Department of Defense civilian employees are enrolled in elementary or secondary education, be it private, public, or home-schooled.

added Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to Edward Halcomb who, while serving in Korea as a member of the United States Army in the grade of Private First Class in Company B, 1st Battalion, 29th Infantry Regiment, 24th Infantry Division, distinguished himself by acts of extraordinary heroism from August 20, 1950, to October 19, 1950, during the Korean War.

added “1133a. Limitation on revocation of combat valor awards

added “The Secretary of a military department may not revoke a combat valor award awarded to a member of the armed forces under the jurisdiction of that Secretary unless the conduct of the member during the period of service during which the distinguished act occurred was not honorable. The Secretary may not consider the characterization of the member’s service outside of the actual time period covered by the award.”

added Notwithstanding section 571(a)(2) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3387), the Secretary of the military department concerned shall award the Purple Heart pursuant to section 1129a of title 10, United States Code, to the following members of the Armed Forces who were killed in the bombing that occurred at the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995:

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

added “(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.

added “(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.

added “(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).

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

added “(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.

added “(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.

added “(c) Non-detailed persons

added “(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.

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

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

added “(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.

added “(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.

added “(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.”

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

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

added “107A. Honoring as veterans certain persons who performed service in the reserve components

added “Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this section.”

added “(c) Authorized Recipients

added “(1) A military animal shall be made available for adoption under this section, in order of recommended priority—

added “(A) by former handlers of the animal;

added “(B) by law enforcement agencies; and

added “(C) by other persons capable of humanely caring for the animal.

added “(2) If the Secretary of the military department concerned determines that an adoption is justified under subsection (a)(2) under circumstances under which the handler of a military working dog is wounded in action, the dog shall be made available for adoption only by the handler. If the Secretary of the military department concerned determines that such an adoption is justified under circumstances under which the handler of a military working dog is killed in action or dies of wounds received in action, the military working dog shall be made available for adoption only by a parent, child, spouse, or sibling of the deceased handler.”

added Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2015” and inserting “December 31, 2016”.

added The following sections of title 37, United States Code, are amended by striking “December 31, 2015” and inserting “December 31, 2016”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2015” and inserting “December 31, 2016”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2015” and inserting “December 31, 2016”:

added Section 333(d)(1)(A) of title 37, United States Code, is amended by striking “$35,000” and inserting “$50,000”.

added “(1) Incentive pay authorized; eligibility—The Secretary”

added “(2) Officers not currently engaged in flying duty—The Secretary concerned may pay aviation incentive pay under this section to an officer who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment of aviation incentive pay to that officer is in the best interests of the service.”

added “(1) the term basic pay means basic pay payable under section 204 of title 37;

added “(2) the term full TSP member means a member described in subsection (e)(1);

added “(3) the term member has the meaning given the term in section 211 of title 37; and

added “(4) the term Secretary concerned has the meaning given the term in section 101 of title 37.”

added “(e) Modernized retirement system

added “(1) TSP matching contributions—Notwithstanding any other provision of law, the Secretary concerned shall make contributions to the Thrift Savings Fund, in accordance with section 8432 of this title (except to the extent the requirements under such section are modified by this subsection), for the benefit of a member—

added “(A) who first enters a uniformed service on or after October 1, 2017; or

added “(B) who entered a uniformed service before that date, but who makes the election described in section 1409(b)(4) of title 10 to receive Thrift Savings Plan matching contributions under this subsection in exchange for the reduced multipliers described in section 1409(b)(4)(B) of title 10 for purposes of calculating the retired pay of the member.

added “(2) Matching amount—The amount contributed under this subsection by the Secretary concerned with respect to any contribution made by a full TSP member for any pay period shall be equal to such portion of the total amount of the member’s contribution as does not exceed 5 percent of the member’s basic pay for the pay period. Such amount contributed under this subsection is instead of, and not in addition to, amounts contributed under section 8432(c)(2) of this title.

added “(3) Timing and duration of matching contributions—The Secretary concerned shall make a contribution under this subsection on behalf of a full TSP member for any pay period for the member that—

added “(A) begins on or after December 1, 2017; and

added “(B) covers any period of service by the member after the member completes two years of service.

added “(4) Protections for spouses and former spouses—Section 8435 of this title shall apply to a full TSP member in the same manner as such section is applied to an employee or Member under such section.”

added “(F) Notwithstanding any other provision of this paragraph, if a full TSP member (as defined in section 8440e(a) of this title) has declined automatic enrollment into the Thrift Savings Plan for a year, the full TSP member shall be automatically reenrolled on January 1 of the succeeding year, with contributions under subsection (a) at the default percentage of basic pay.”

added “(C) 2 years of service in the case of a member of the uniformed services.”

added “(6) For purposes of this subsection, a member of the uniformed services shall be considered to have separated from Government employment if the member is discharged or released from service in the uniformed services.”

added “(4) Modernized retirement system

added “(A) Reduced multiplier for full tsp members—Notwithstanding paragraphs (1), (2), and (3), in the case of a member who first becomes a member of the uniformed services on or after October 1, 2017, or a member who makes the election described in subparagraph (B) (referred to as a “full TSP member”)—

added “(i) paragraph (1)(A) shall be applied by substituting “2” for “2½”;

added “(ii) clause (i) of paragraph (3)(B) shall be applied by substituting “60 percent” for “75 percent”; and

added “(iii) clause (ii)(I) of such paragraph shall be applied by substituting “2” for “2½”.

added “(B) Election to participate in modernized retirement system—Pursuant to subparagraph (C), a member of a uniformed service serving on September 30, 2017, may elect, in exchange for the reduced multipliers described in subparagraph (A) for purposes of calculating the retired pay of the member, to receive Thrift Savings Plan matching contributions pursuant to section 8440e(e) of title 5.

added “(C) Election period

added “(i) In general—Except as provided in clauses (ii) and (iii), a member of a uniformed service may make the election authorized by subparagraph (B) only during the period that begins on January 1, 2018, and ends on December 31, 2018.

added “(ii) Hardship extension—The Secretary concerned may extend the election period described in clause (i) for a member who experiences a hardship as determined by the Secretary concerned.

added “(iii) Effect of break in service—A member of a uniformed service who returns to service after a break in service that occurs during the election period specified in clause (i) shall make the election described in subparagraph (B) within 30 days after the date of the reentry into service of the member.

added “(D) Regulations—The Secretary concerned shall prescribe regulations to implement this paragraph.”

added “(f) Modernized retirement system

added “(1) Reduced multiplier for full tsp members—In the case of a person who first performs reserve component service on or after October 1, 2017, after not having performed regular or reserve component service on or before that date—

added “(A) subsection (a)(2) shall be applied by substituting “2 percent” for “2½ percent”;

added “(B) subparagraph (A) of subsection (c)(2) shall be applied by substituting “60 percent” for “75 percent”; and

added “(C) subparagraph (B)(ii) of such subsection shall be applied by substituting “2 percent” for “2½ percent”.

added “(2) Regulations—The Secretary concerned shall prescribe regulations to implement this subsection.”