Carl Levin National Defense Authorization Act for Fiscal Year 2015

the options available to the Navy for ensuring that the Navy will not be precluded from buying more EA–18G aircraft if that is what the Navy analysis concludes should be done; and

an update on the Navy’s progress in conducting its analysis of emerging requirements for airborne electronic attack.

A description of the Navy's progress with respect to the test evaluation master plan.

An assessment of whether or not completion of the test evaluation master plan will demonstrate operational effectiveness and operational suitability for both seaframes and each mission module.

Up to $650,000,000 to conduct a refueling and complex overhaul of the U.S.S. George Washington (CVN–73).

Up to $650,000,000 for the ship construction of a San Antonio class amphibious ship.

unobligated balances are available in the program or programs from which funds will be transferred pursuant to subsection (a) due to slower than expected program execution; and

the transfer of funds will fill a high priority military need and is in the best interest of the Department of the Navy.

In general

The Secretary shall submit to the congressional defense committees a report on the appropriate contributions of the regular Air Force, the Air National Guard, and the Air Force Reserve to the total force structure of the Air Force.

Elements

The report shall include the following:

A recommended basing alignment of C–130H2, C–130H3, and C–130J aircraft.

An identification of how that plan deviates from the basing plan approved by the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239).

An explanation of why that plan deviates, if in any detail, from the plan approved by that Act.

An assessment of the national security benefits and any other expected benefits of the proposed transfers, including benefits for the facility or facilities expected to receive the transferred aircraft.

An assessment of the costs of the proposed transfers, including the impact of the proposed transfers on the facility or facilities from which the aircraft will be transferred.

An analysis of the recommended basing alignment that demonstrates that the recommendation is the most effective and efficient alternative for such basing alignment.

For units equipped with special capabilities, such the modular airborne firefighting system capability, an analysis of the impact of the proposed transfers on the ability to satisfy missions that utilize those capabilities.

The capability provided by the nuclear-capable, air launched cruise missile (ALCM) is critical to maintaining a credible and effective air-delivery leg of the triad, preserving the ability to respond to geopolitical and technical surprise, and reassuring United States allies through credible extended deterrence.

In its fiscal year 2015 budget request, the Air Force delayed development of the Long Range Standoff Weapon (LRSO), the follow-on for the ALCM, by three years.

The Air Force plans to sustain the current ALCM, known as the AGM–86, until approximately 2030, with multiple service life extension programs required to preserve but not enhance existing ALCM capabilities.

The AGM–86 was initially developed in the 1970s and deployed in the 1980s.

The average age of the ALCM inventory is over 30 years old.

The operating environment, particularly the sophistication of integrated air defenses, has evolved substantially since the ALCM’s inception.

The AGM–86 is no longer in production and the inventory of spare bodies for required annual testing continues to diminish, posing serious challenges for long-term sustainment.

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall submit to the congressional defense committees a report on the status of the current air-launched cruise missile and the development of the follow-on system, the long-range standoff weapon.

Elements

The report required under paragraph (1) shall include the following elements:

Form

The report required under paragraph (1) shall be submitted in classified form, but may include an unclassified summary.

A description of options for—

An evaluation of the ability of each alternative to meet future training requirements.

Estimates of life cycle costs.

A description of potential cost savings from merging a T–1A capability replacement program with other Air Force programs, such as the Companion Trainer Program.

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

by inserting after subsection (d) the following new subsection (f):

in paragraph (1)—

in paragraph (2), in the matter before subparagraph (A), by striking a fiscal year and inserting a period of two fiscal years; and

in the subsection heading by striking annual and inserting biennial.

An update on the results of the analysis of alternatives for recapitalizing the current Joint Surveillance and Target Attack Radar Systems capability.

An analysis of life cycle supports costs of maintaining the current fleet of Joint Surveillance and Target Attack Radar Systems aircraft and the costs of replacing such fleet with a new aircraft and radar system employing mature technology.

An assessment of the cost and schedule of developing and fielding a new aircraft and radar system employing mature technology to replace the current Joint Surveillance and Target Attack Radar Systems aircraft.

A business case analysis of the proposed consolidation.

An estimate of the savings to be achieved or costs to be incurred through the proposed consolidation.

The written assessment of the Director of the Test Resource Management Center (TRMC) of the Department of Defense of the proposed consolidation.

In general

The Secretary of Defense shall, using the Defense Science Board or such other independent entity as the Secretary selects for purposes of this subsection, provide for a study of the technological superiority of the United States military and efforts to address challenges to the maintenance of such technological superiority.

Scope of study

The study required pursuant to paragraph (1) shall include the following:

Access to information

The Secretary shall ensure that entity conducting the study required by paragraph (1) has appropriate access to all data, information, personnel, and records (whether classified or unclassified) necessary to conduct the study.

Report on study

The entity conducting the study required by paragraph (1) shall submit to the Secretary, and to Congress, a report on the study by not later than February 1, 2016.

A list and description of current funded programs of the Department of Defense intended to achieve the deployment of capabilities to address challenges to the technological superiority of deployed forces and systems of the United States during the 10-year period beginning on the date of the enactment of this Act, including the funding currently programmed for such programs.

A description of the processes being used by the Department to identify challenges to the technological superiority of forces and systems described in paragraph (1), including challenges not being addressed by current requirements in current acquisition programs.

A description of any authorities, policies, or procedures currently under development to improve the effectiveness and efficiency of the Department in addressing challenges to the technological superiority of the United States military.

by redesignating paragraph (2) as paragraph (4);

in paragraph (1), in the second sentence of the matter before subparagraph (A), by striking Each report and inserting the following:

by striking paragraph (1) and inserting the following new paragraphs (1) and (2):

is not a defense contractor; or

is a nontraditional defense contractor.

Number of individuals assigned

Under the pilot program, the Director may assign covered individuals to the Agency as described in subsection (a), but may not have more than five covered individuals so assigned at any given time.

Period of assignment

Application of certain provisions of title 5

Except as otherwise provided in this section, the Director shall carry out the pilot program in accordance with the provisions of subchapter VI of chapter 33 of title 5, United States Code, except that, for purposes of the pilot program, the term other organization, as used in such subchapter, shall be deemed to include a covered entity.

Pay and supervision

A covered individual employed by a covered entity who is assigned to the Agency under the pilot program—

Practices and procedures required

The Director shall develop practices and procedures to manage conflicts of interest and the appearance of conflicts of interest that could arise through assignments under the pilot program.

Elements

The practices and procedures required by paragraph (1) shall include, at a minimum, the requirement that each covered individual assigned to the Agency under the pilot program shall sign an agreement that provides for the following:

enhancing the preparation of covered students for careers in science, technology, engineering, and mathematics; and

providing assistance to the teachers of such students to enhance preparation described in paragraph (1).

The Secretaries of the military departments.

The Secretary of Education.

The National Science Foundation.

The heads of such other Federal, State, and local government and private sector organizations as the Secretary of Defense considers appropriate.

Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for covered students and their teachers.

Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for covered students and their teachers.

Development of travel opportunities, demonstrations, mentoring programs, and informal science education for covered students and their teachers.

by inserting (1) before Funds; and

by adding at the end the following new paragraphs:

In general

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

Notice required

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:

Drop-in fuel

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.

Traditional fuel

The term traditional fuel means a liquid hydrocarbon fuel derived or refined from petroleum.

Operational purposes

The term operational purposes means for the purposes of conducting military operations, including training, exercises, large scale demonstrations, and moving and sustaining military forces and military platforms. The term does not include research, development, testing, evaluation, fuel certification, or other demonstrations.

A list of acquisition solicitations that incorporate analysis established and developed pursuant to section 332.

An analysis of the extent to which Department of Defense planning, requirements development, and acquisition processes incorporate or rely on the fully burdened cost of energy and energy key performance parameter in relation to other metrics.

An estimate of the total fuel costs avoided as a result of inclusion of the fully burdened cost of energy and energy key performance parameter in acquisitions, including an estimate of monetary savings and fuel volume savings.

An analysis of the extent to which the energy security requirements of the Department of Defense are enhanced by incorporation of section 332 requirements in the acquisition process, and recommendations for further improving section 332 requirements to further enhance energy security and mission capability requirements.

In general

The Comptroller General of the United States shall conduct a review of Department of Defense projects, strategy, resourcing, and research, development, and investment in pursuit of increasing energy security, decreasing energy consumption and logistical burdens, reducing tactical and strategic vulnerabilities, and meeting the renewable energy goals set forth in section 2911(e) of title 10, United States Code, including by Executive Order and through related legislative mandates.

Scope

The review conducted under paragraph (1) shall specify—

A description of all current Department of Defense energy research, development, and investment initiatives throughout the Department of Defense, by military service, including—

A description of—

An assessment of—

An assessment of any challenges and gaps faced by the Department of Defense between its goals and its current research, development, and investment in energy initiatives.

Recommendations whether a need exists for a new energy strategy for the Department of Defense that provides the Department with assured access to reliable supplies of energy required to meet all the needs and combat capabilities of the Armed Forces.

The term beaches means the portions of Carlos Rosario Beach, Flamenco Beach, and Tamarindo Beach identified in green in Figure 4 as Beach and located inside of the former bombardment area.

The term campgrounds means the areas identified in blue in Figure 4 as Campgrounds in the former bombardment area.

The term Carlos Rosario Trail means the trail identified in yellow in Figure 4 as the Carlos Rosario Trail and traversing the southern portion of the former bombardment area from the campground to the Carlos Rosario Beach.

The term Figure 4 means Figure 4, located on page 8 of the study.

The term former bombardment area means that area on the Island of Culebra, Commonwealth of Puerto Rico, consisting of approximately 408 acres, conveyed to the Commonwealth by the quitclaim deed, and subject to the first sentence of section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93–166; 87 Stat. 668).

The term quitclaim deed means the quitclaim deed from the United States of America to the Commonwealth of Puerto Rico conveying the former bombardment area, signed by the Governor of Puerto Rico on December 20, 1982.

The term study means the Study Relating to the Presence of Unexploded Ordnance in a Portion of the Former Naval Bombardment Area of Culebra Island, Commonwealth of Puerto Rico, dated April 20, 2012, prepared by the United States Army for the Department of Defense pursuant to section 2815 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4464).

The term unexploded ordnance has the meaning given the term in section 101(e)(5) of title 10, United States Code.

in the section heading, by striking ; abolition of; and

by amending subsection (b) to read as follows:

In general

Not later than March 1, 2015, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report with an analysis and justification for the transfer of MC–12 aircraft from the Air Force to the United States Special Operations Command.

Elements

The report required under paragraph (1) shall outline, at a minimum—

In general

Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section:

Clerical amendment

The table of sections at the beginning of chapter 631 of such title is amended by adding at the end the following new item:

The Army National Guard of the United States, 350,200.

The Army Reserve, 202,000.

The Navy Reserve, 57,300.

The Marine Corps Reserve, 39,200.

The Air National Guard of the United States, 105,000.

The Air Force Reserve, 67,100.

The Coast Guard Reserve, 9,000.

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

National Guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2015, may not exceed the following:

Army Reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed 595.

Air Force Reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90.

by striking 90 days and inserting three months; and

by inserting after the first sentence the following new sentence: An officer recommended for early retirement under this section, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement..

in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: , with such retirement under that section to be not later than the first day of the month beginning after the month in which the officer becomes qualified for retirement under that section, or on the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement, whichever is later; and

in paragraph (3)—

Joint officer management

Section 667 of title 10, United States Code, is repealed.

Promotion policy objectives for joint officers

Section 662 of such title is amended —

by inserting (A) after (1);

in subparagraph (A), as so designated—

by adding at the end the following new subparagraph:

by redesignating subsection (b) as subsection (c); and

by inserting after subsection (a) the following new subsection (b):

An identification of each military technician position, whether dual-status or non-dual status.

For each position identified pursuant to paragraph (1)—

by redesignating subsection (g) as subsection (h); and

by inserting after subsection (f) the following new subsection (g):

Review for certain former members with PTSD or TBI

Subsection (d)(1) of section 1553 of such title is amended by striking physician, clinical psychologist, or psychiatrist the second place it appears and inserting clinical psychologist or psychiatrist, or a physician with additional training and experience specified by the Secretary concerned to provide advice on specialized medical or psychological matters relating to post-traumatic stress disorder and traumatic brain injuries.

Review for certain former members with mental health diagnoses

Such section is further amended by adding at the end the following new subsection:

by inserting (1) before No member;

in paragraph (1), as designated by paragraph (1) of this subsection, by striking December 31, 2015 and inserting December 31, 2018; and

by adding at the end the following new paragraph:

in paragraph (1), by striking and 2017 and inserting 2017, and 2019;

in paragraph (2), by striking March 1, 2019 and inserting March 1, 2022; and

by adding at the end the following new paragraph:

An assessment of the extent to which the Armed Forces have in place processes for the consideration of the impact of mental and physical trauma relating to covered traumas on members of the Armed Forces who are being considered for discharge from the Armed Forces for misconduct, including the compliance of the Armed Forces with such processes and mechanisms in the Department of Defense for ensuring the compliance of the Armed Forces with such processes.

An assessment of the extent to which the Armed Forces provide members of the Armed Forces, including commanding officers, junior officers, and noncommissioned officers, training on the symptoms of covered traumas and the identification of the presence of such conditions in members of the Armed Forces.

An assessment of the extent to which members of the Armed Forces who receive treatment for a covered trauma before discharge from the Armed Forces are later discharged from the Armed Forces for misconduct.

An identification of the number of members of the Armed Forces discharged as described in paragraph (3) who are ineligible for benefits from the Department of Veterans Affairs based on characterization of discharge.

An assessment of the extent to which members of the Armed Forces who accept a discharge from the Armed Forces for misconduct in lieu of trial by court-martial are counseled on the potential for ineligibility for benefits from the Department of Veterans Affairs as a result of such discharge before acceptance of such discharge.

should take into account whether the veteran—

if the veteran meets the criteria specified in paragraph (1), should give all due consideration to an upgrade of characterization of discharge.

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall enhance the higher education component of the Transition Assistance Program (TAP) of the Department of Defense by providing additional information that is more complete and accurate than the information provided as of the day before the date of the enactment of this Act to individuals who apply for educational assistance under chapter 30 or 33 of title 38, United States Code, to pursue of a program of education at an institution of higher learning.

Elements

The additional information required by paragraph (1) shall include the following:

Accessibility

Consultation

In carrying out this subsection, the Secretary of Defense shall consult with the Secretary of Veterans Affairs and the Director of the Consumer Financial Protection Bureau.

In general

Whenever a member of the Armed Forces requests a certificate from the Secretary of Defense to prove entitlement to educational assistance under section 2007 of title 10, United States Code, the Secretary shall notify the member of the availability of the higher education component of the Transition Assistance Program online pursuant to subsection (b)(1).

Guidance

The Secretary of Defense shall carry out this subsection with such guidance as the Secretary considers appropriate.

The term institution of higher learning has the meaning given such term in section 3452 of title 38, United States Code.

The term type of institution of higher learning means the following types of institutions of higher learning:

The term alleged sex-related offense has the meaning given that term in section 1044e(g) of title 10, United States Code.

The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

In general

The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense.

Consideration of preference

The preference expressed by a victim under paragraph (1) with respect to the prosecution of an offense, while not binding, should be considered in the determination whether to prosecute the offense by court-martial or by a civilian court.

Notice to victim of lack of civilian criminal prosecution after preference for such prosecution

In the event a victim expresses a preference under paragraph (1) in favor of prosecution of an offense by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination.

Appraisals of all members on compliance with sexual assault prevention and response programs

The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned.

Performance appraisals of commanding officers

The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which—

In general

The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces.

Consideration of individual experiences in connection with offenses

In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the offense concerned, and to determine what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces.

Preservation of confidentiality

Documents considered and decisions rendered pursuant to the process required by paragraph (1) shall not be made available to the public, except with the consent of the individual concerned.

Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).

Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice).

An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

In general

Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be amended to provide that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused for an offense specified in paragraph (2).

Offenses

An offense specified in this paragraph is an offense as follows:

The name of the alleged assailant, if known.

Identifying features of the alleged assailant.

The date of the assault.

The location of the assault.

Information on the means or method used by the alleged assailant to commit the assault.

In general

The policies and procedures issued under subsection (a) shall specify the categories of individuals who shall have access to information including pursuant to that subsection in the database described in that subsection.

Information derived from restricted reports

With respect to information so included is derived from restricted reports, the policies and procedures shall—

Explicit authority for convening authority to take action on findings of a court-martial with respect to a qualifying offense

Paragraph (3) of subsection (c) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act of 2014 (Public Law 113–66; 127 Stat. 955), is amended—

Clarification of applicability of requirement for explanation in writing for modification to findings of a court-martial

Subparagraph (C) of such paragraph is amended by striking (other than a qualifying offense).

Victim submission of matters for consideration by convening authority during clemency phase of courts-martial process

Restoration of waiver of article 32 hearings by the accused

Non-applicability of prohibition on pre-trial agreements for certain offenses with mandatory minimum sentences

Section 860(c)(4)(C)(ii) of such title (article 60(c)(4)(C)(ii) of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 955), is amended by inserting pursuant to section 856(b) of this title (article 56(b)) after applies.

Effective dates

Requests to interview victim through counsel

Paragraph (1) of section 846(b) of title 10, United States Code (article 46(b) of the Uniform Code of Military Justice), as amended by section 1704 of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 958), is amended by striking through trial counsel and inserting through the Special Victims’ Counsel or other counsel for the victim, if applicable.

Correction of references to trial counsel

Such section is further amended by striking trial counsel each place it appears and inserting counsel for the Government.

Correction of references to defense counsel

Such section is further amended—

Clarification of legal assistance authorized with regard to potential civil litigation against the United States

Subsection (b)(4) of section 1044e of title 10, United States Code, as added by section 1716(a) of the National Defense Authorization Act for Fiscal Year 2013 (127 Stat. 966), is amended by striking the Department of Defense and inserting the United States.

Addition of omitted reference to Staff Judge Advocate to the Commandant of the Marine Corps

Subsection (d)(2) of such section is amended by inserting , and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps after employed.

Correction of incorrect reference to Secretary of Defense

Subsection (e)(1) of such section is amended by inserting concerned after jurisdiction of the Secretary.

Clarification of definition of forcible sodomy

Section 925(a) of title 10, United States Code (article 125(a) of the Uniform Code of Military Justice), as amended by section 1707 of the National Defense Authorization Act of Fiscal Year 2014 (127 Stat. 961), is amended by striking force and inserting unlawful force.

Conforming amendments

Clarification of limitation on definition of victim to natural persons

Subsection (b) of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by section 1701 of the National Defense Authorization Act for Fiscal Year 2014 (127 Stat. 952), is amended by striking a person and inserting an individual.

Clarification of authority to appoint individuals to assume rights of certain victims

Subsection (c) of such section is amended—

in paragraph (1), by striking and at the end;

by redesignating paragraph (2) as paragraph (3);

by inserting after paragraph (1) the following new paragraph (2):

in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting other before assessments.

In general

The Advisory Committee shall advise the Secretary of Defense on the investigation, prosecution, and defense of allegations of rape, forcible sodomy, sexual assault, and other sexual misconduct in the Armed Forces.

Basis for provision of advice

For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall, on an ongoing basis—

In general

Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Committee pursuant to subsection (a).

Continuation

The Secretary of Defense may continue the Advisory Committee after the date otherwise provided for the termination of the Advisory Committee under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee, the Secretary shall submit to the President, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on that determination, together with the date through which the Secretary will continue the Advisory Committee.

An assessment of the role of the Department of Justice in investigations and prosecutions of sexual assault cases in which the Department of Defense and the Department of Justice have concurrent jurisdiction, with the assessment to include a review of and list of recommended revisions to relevant Memoranda of Understanding and related documents between the Department of Justice and the Department of Defense.

An assessment of the need for, and if a need exists the feasibility of, establishing the position of advisor on military sexual assaults within the Department of Justice (using existing Department resources and personnel) to assist in the activities required under paragraph (1) and provide to the Department of Defense investigative and other assistance in sexual assault cases occurring on domestic and overseas military installations over which the Department of Defense has primary jurisdiction, with the assessment to address the necessity and feasibility of maintaining representatives or designees of the advisor at military installations for the purpose of reviewing cases of sexual assault and providing assistance with the investigation and prosecution of sexual assaults.

An assessment of the number of sexual assault cases that have occurred on military installations in which no perpetrator has been identified, and a plan, with appropriate benchmarks, to review those cases using currently available civilian and military law enforcement resources, such as new technology and forensics information.

A strategy to leverage efforts by the Department of Defense and the Department of Justice—

Mechanisms to promote sharing of information and best practices between the Department of Defense and the Department of Justice on prevention and response to sexual assault, including victim assistance through the Violence against Women Act and Office for Victims of Crime programs of the Department of Justice.

describe the manner in which the Department of Defense and Department of Justice will collaborate on an ongoing basis under the framework;

explain obstacles to implementing the framework; and

identify changes in laws necessary to achieve the purpose of this section.

the Committee on Armed Services and the Committee on the Judiciary of the Senate; and

the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives.

in subparagraph (A)—

in subparagraph (B)—

Award

Retroactive effective date and application

Review of the November 5, 2009, attack at Fort Hood, Texas

If the Secretary concerned determines, after a review under subsection (a)(2)(B) regarding the attack that occurred at Fort Hood, Texas, on November 5, 2009, that the death or wounding of any member of the Armed Forces in that attack qualified as a death or wounding resulting from an attack by a foreign terrorist organization as described in section 1129a of title 10, United States Code (as added by subsection (a)), the Secretary of Defense shall make a determination as to whether the death or wounding of any civilian employee of the Department of Defense or civilian contractor in the same attack meets the eligibility criteria for the award of the Secretary of Defense Medal for the Defense of Freedom.

Award

If the Secretary of Defense determines under paragraph (1) that the death or wounding of any civilian employee of the Department of Defense or civilian contractor in the attack that occurred at Fort Hood, Texas, on November 5, 2009, meets the eligibility criteria for the award of the Secretary of Defense Medal for the Defense of Freedom, the Secretary shall take appropriate action to award the Secretary of Defense Medal for the Defense of Freedom to the employee or contractor.

in paragraph (1), by inserting , and of the domestic dependent elementary and secondary school system established under section 2164 of title 10, United States Code, after of the defense dependents’ education system; and

in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system before the comma at the end.

by inserting and the domestic dependent elementary and secondary schools established under section 2164 of title 10, United States Code after the defense dependents’ education system; and

by inserting either before such system.

Chief of the National Guard Bureau

The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall be the same as the rate of basic pay for the officers specified in Footnote 2 of the table entitled commissioned officers in section 601(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 37 U.S.C. 1009 note), regardless of cumulative years of service computed under section 205 of title 37, United States Code.

Senior Enlisted Advisor to the Chief of the National Guard Bureau

in subsection (a), by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau after that armed force the first place it appears; and

in subsection (c), by striking paragraph (6).

in subsection (a)(5), by striking or Commandant of the Coast Guard and inserting Commandant of the Coast Guard, or Chief of the National Guard Bureau; and

in subsection (c), by striking or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff and inserting the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or the Senior Enlisted Advisor to the Chief of the National Guard Bureau.

in the subsection heading, by inserting Chief of the National Guard Bureau, after Chiefs of Service,;

in paragraph (1)—

in paragraph (3)(B), by striking clause (vi).

Section 2130a(a)(1), relating to nurse officer candidate accession program.

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

Section 302c-1(f), relating to accession and retention bonuses for psychologists.

Section 302d(a)(1), relating to accession bonus for registered nurses.

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

Section 302h(a)(1), relating to accession bonus for dental officers.

Section 302j(a), relating to accession bonus for pharmacy officers.

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

In general

Subsection (a) of section 1450 of title 10, United States Code, is amended—

Conforming amendments

in the subsection caption, by striking and fiduciaries and inserting , fiduciaries, and special needs trusts;

in paragraph (1)—

in paragraph (2)—

in paragraph (3), by striking or fiduciary in the paragraph caption and inserting , fiduciary, or trust.

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section:

Clerical amendment

The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074m the following new item:

Implementation

Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(g) of title 10, United States Code, as added by paragraph (1) of this subsection, the Secretary of Defense shall implement such regulations.

by striking at least one of the means described in paragraph (2)(E) and inserting the national mail-order pharmacy program; and

by striking may include and all that follows through the end of the paragraph and inserting shall include cost-sharing by the eligible covered beneficiary as specified in paragraph (6)..

in subsection (a), by striking paragraph (6); and

by striking subsection (i).

A description of the implementation of the transition for eligible beneficiaries under the TRICARE program (other than eligible beneficiaries on active duty in the Armed Forces) who no longer have access to TRICARE Prime under TRICARE managed care contracts as of the date of the report, including the following:

An estimate of the increased annual costs per eligible beneficiary described in paragraph (1) incurred by such beneficiary for healthcare under the TRICARE program.

A description of the plans of the Department to assess the impact on access to healthcare and beneficiary satisfaction for eligible beneficiaries described in paragraph (1).

In section 1111(c), by striking under section 1115(b) and all that follows and inserting under section 1116 of this title, and such administering Secretary may make such contributions..

In section 1113(f), by inserting of this title after section 1111(c).

In section 1115—

A statement of the responsibilities of each military department and the Defense Health Agency under the strategy.

Mechanisms to consolidate requirements in order to create efficiencies and reduce costs.

Metrics to evaluate the success of the strategy in achieving its objectives, including metrics to assess the effects of the strategy on the timeliness of beneficiary access to professional health care services in military medical treatment facilities.

Such other matters as the Secretary considers appropriate.

An identification of the risks associated with administration and management of medications (including prescription opioid medications), including accidental and intentional overdoses, under-medication and over-medication, and adverse interactions among multiple medications.

Evidence-based best practices for medication management in military medical treatment facilities, including integration of comprehensive medication management best practices in patient-centered medical homes.

Evidence-based best practices to mitigate medication management risks and to ensure patient compliance with medication regimens.

Evidence-based best practices for medication reconciliation to reduce medication errors.

Various mechanisms for safe and effective collection and disposal of unwanted and unnecessary prescription medications.

A description and assessment of the extent to which all approved methods of contraception are available to members of the Armed Forces and military dependents provided healthcare through the Department of Defense.

A list of current Department programs, including programs of the Armed Forces, that provide comprehensive contraception counseling and education to members of the Armed Forces and military dependents, including for each such program, the following:

A description and assessment of current Department programs, including programs of the Armed Forces, that provide contraception counseling and education to members of the Armed Forces and military dependents, including an assessment of the following:

A description and assessment of the manner and extent to which the Department disseminates to healthcare providers who provide healthcare for female members of the Armed Forces and military dependents through the Department clinical decision support tools that reflect the most current evidence-based standards of care with respect to methods of contraception and counseling on methods of contraception, as established by health agencies and professional organizations such as the following:

Such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the availability of, access to, and quality of methods of contraception, contraception counseling, and related education for all members of the Armed Forces and military dependents provided healthcare through the Department of Defense.

The Health Resources and Services Administration of the Department of Health and Human Services.

The Centers for Disease Control.

The American College of Obstetricians and Gynecologists.

To review existing programs that can be used to improve the provision of accessible, timely, and high-quality mental health services to members of the National Guard and the Reserves.

To recommend new interagency programs and partnerships to improve the provision of such mental health services to such members.

To recommend best practices for partnerships among the Armed Forces, the National Guard, the Department of Veterans Affairs, the Department of Health and Human Services, States, and private and academic entities to improve the provision of mental health care to members of the members of the National Guard and the Reserves.

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report that includes the findings and recommendations of the interagency working group.

Appropriate committees of Congress

In this subsection, the term appropriate committees of Congress means—

In general

Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.

Exclusion of personally identifiable information from reports

No personally identifiable information may be included in any report required by subsection (d).

An evaluation of existing peer-to-peer identification and intervention programs in each of the Armed Forces.

An evaluation of the Star Behavioral Health Providers program and similar programs that provide training and certification to health care providers that treat mental health conditions and traumatic brain injury in members of the Armed Forces.

An evaluation of programs and services provided by the Armed Forces that provide training and certification to providers of cognitive rehabilitation and other rehabilitation for traumatic brain injury to members of the Armed Forces.

An evaluation of programs and services provided by the Armed Forces that assist members of the Armed Forces and family members affected by suicides among members of the Armed Forces.

An evaluation of tools and processes used by the Armed Forces to identify traumatic brain injury in members of the Armed Forces and to distinguish mental health conditions likely caused by traumatic brain injury from mental health conditions caused by other factors.

An evaluation of the unified effort of the Armed Forces to promote mental health and prevent suicide through the integration of clinical and non-clinical programs of the Armed Forces.

Recommendations with respect to improving, consolidating, expanding, and standardizing the programs, services, tools, processes, and efforts described in paragraphs (1) through (6).

A description of existing efforts to reduce the time from development and testing of new mental health and traumatic brain injury tools and treatments for members of the Armed Forces to widespread dissemination of such tools and treatments among the Armed Forces.

Recommendations as to the feasibility and advisability of establishing preliminary mental health assessments and pre-discharge mental health assessments for members of the Armed Forces, including the utility of using tools and processes in such mental health assessments that conform to those used in other mental health assessments provided to members of the Armed Forces.

Recommendations on how to track changes in the mental health assessment of a member of the Armed Forces relating to traumatic brain injury, post-traumatic stress disorder, depression, anxiety, and other conditions.

A description of the methodology used by the Secretary in preparing the report required by this section, including a description of the input provided by the entity and individuals consulted pursuant to subsection (c).

An advisory council composed of—

The Assistant Secretary of Defense for Health Affairs.

The Assistant Secretary of Defense for Reserve Affairs.

The Secretaries of the military departments.

The Chief of the National Guard Bureau.

The Secretary of Veterans Affairs.

The Secretary of Health and Human Services.

The Director of the Centers for Disease Control and Prevention.

The Administrator of the Substance Abuse and Mental Health Services Administration.

The Director of the National Institutes of Health.

The President of the Institute of Medicine.

In general

Any medical or other personal information obtained pursuant to any provision of this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.

Exclusion of personally identifiable information from reports

No personally identifiable information may be included in any report required by subsection (a).

Preliminary mental health assessment

The term preliminary mental health assessment means a mental health assessment conducted with respect to an individual before the individual enlists in the Armed Forces or is commissioned as an officer in the Armed Forces.

Pre-discharge mental health assessment

The term pre-discharge mental health assessment means a mental health assessment conducted with respect to an individual during the 90-day period preceding the date of discharge or release of the individual from the Armed Forces.

The Department’s assessment of the report’s findings and recommendations.

The Department’s actions taken to implement recommendations in the report.

For any recommendations not implemented, the rationale for not implementing those recommendations in the report.

The number and nature of traumatic injuries incurred by members of the Armed Forces as a result of a vaccination required by the Department of Defense each year since January 1, 2001, set forth by aggregate in each year and by military department in each year.

Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems (including tracking systems) of the Department to identify members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department.

Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems of the Department to support members of the Armed Forces who experience traumatic injury as a result of the administration of a vaccination required by the Department.

An assessment of the methodology used by the Secretary of Defense to conduct the study.

An assessment of the analysis made by the Secretary to inform decisions regarding the modernization of the military health system in the study.

An assessment of the extent to which the Secretary evaluated in the study the impact on the access of eligible beneficiaries to quality health care, and satisfaction with such care, of the following changes in the study in military medical treatment facilities:

An assessment of the extent to which the Secretary evaluated in the study how any reduced inpatient, ambulatory surgery, or specialty care capacity and capabilities at military medical facilities covered by the study would impact timely access to care for eligible beneficiaries at local civilian community hospitals within reasonable driving distances of the catchment areas of such facilities.

An assessment of the extent to which the Secretary consulted in conducting the study with community hospitals in locations covered by the study to determine their capacities for additional inpatient and ambulatory surgery patients and their capabilities to meet additional demands for specialty care services.

An assessment of the extent to which the Secretary considered in the study the impact the change in the structure or alignment of military medical treatment facilities covered by the study would have on timely access by local civilian populations to inpatient, ambulatory surgery, or specialty care services if additional eligible beneficiaries also sought access to such services from the same providers.

An assessment of the impact of the elimination of health care services at military medical treatment facilities covered by the study on civilians employed at such facilities.

In general

Except as provided in paragraphs (2) and (3), each Major Defense Acquisition Program and Major Automated Information System, and each other acquisition program the primary purpose of which is the acquisition of an information technology system, that enters concept development after January 1, 2016, shall use an open systems approach in development to achieve agility, rapid capability enhancement, interoperability, increased competition, and lower costs over the life cycle of the program.

Case-by-case exception based on costs and practicality

The requirement under paragraph (1) shall not apply to an acquisition program if a business case analysis conducted at a point in development where there is sufficient design information to conduct an independent life-cycle cost estimate demonstrates that an open systems approach is more expensive or is not practically achievable.

General exceptions

Identify computing environments within the Department of Defense that are sufficiently distinct to justify the development of specific Technical Reference Architectures and associated standards necessary to support an open systems approach to the development of systems utilizing those computing environments.

Identify each mission and functional domain within the Department of Defense that is sufficiently distinct to justify the development of domain-specific services and associated standards necessary to support an open systems approach to the development of systems that will operate in that mission or functional domain.

Pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104–113; 110 Stat. 783; 15 U.S.C. 272 note) and Office of Management and Budget Circular Number A–119, form or use voluntary, consensus-based standards bodies to establish the standards required for each of the Technical Reference Architectures and each set of domain-specific services to support open systems approaches.

Ensure, in carrying out the actions set forth in paragraphs (1) through (3), that there are not duplicative or competing Technical Reference Architectures, domain-specific services, or standards or standards bodies related to such architectures and services across the Department of Defense.

identifying all closed systems that are in development, production, or deployed status as of January 1, 2016, that are or were Major Defense Acquisition Programs or Major Automated Information Systems;

outlining a process for establishing the priority of migrating each such system and program to an open system; and

including a schedule to review the top half of the prioritized list, conduct a business case analysis on each program, and develop plans where appropriate to migrate such programs to an open system within 10 years.

Domain-specific services

The term domain-specific services means the decomposition of functions and operations in specific mission domains into common services that systems operating in those domains would utilize.

Information technology

The term information technology has the meaning given the term in section 11101(6) of title 40, United States Code.

Open systems approach

The term open systems approach means an integrated business and technical strategy that—

Technical Reference Architecture

The term Technical Reference Architecture means a system architecture template for a particular computing environment that provides a common vocabulary for implementations to promote consistency and commonality of interfaces and interactions between architectural layers.

in subparagraph (B), by striking ; or and inserting a semicolon;

in subparagraph (C), by striking the period at the end and inserting ; or; and

by adding at the end the following new subparagraph:

by striking subparagraph (A); and

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively.

Assignment of Coordinator

Establishment of team of experts

Expansion of Executive Committee

Support by military departments and agencies

The head of each military department and defense agency shall assign an official to support the Coordinator and to align component plans and budgets with the objectives and schedules of the Joint Information Environment.

Assessment of applications

As part of the Department's cloud computing migration strategy under the Joint Information Environment, the Chief Information Officer of the Department shall identify and prioritize the applications in use in the Department that should be considered for migration to a cloud computing environment and determine the following:

Estimate

The Chief Information Officer shall use the assessment conducted under paragraph (1) to develop an estimate of the time-phased cloud computing workload of the Department for the purpose of—

The applicable regulations, instructions, or policies implementing the acquisition process.

An explanation for any criteria not yet implemented.

A schedule for the implementation of any criteria not yet implemented.

An explanation for any proposed deviation from the criteria.

Identification of any categories of information technology acquisitions to which this acquisition process will not apply.

Recommendations for any legislation that may be required to implement the remaining criteria of this acquisition process.

urgently needed to react to an enemy threat or to respond to significant and urgent safety situations;

needed to avoid significant risk of loss of life or mission failure; or

needed to avoid collateral damage risk where the absence of collateral damage is a requirement for mission success.

A process for streamlined communication between the Commander of the United States Special Operations Command, and the acquisition and research and development communities, including—

Procedures for demonstrating, rapidly acquiring, and deploying items proposed pursuant to paragraph (1)(B), including—

In general

The process for demonstrating performance and evaluating for current operational purposes the existing capability of an item prescribed under subsection (b)(2)(A) shall include—

Deficiency not a determining factor

The process may not include a requirement for any deficiency of an item to be the determining factor in deciding whether to deploy the item.

competition is limited to products or services that are from that country; or

a preference is provided for products or services that are from that country.

A determination described in this subsection is a determination by the Secretary of either of the following:

A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect—

A product is from a covered African country if it is mined, produced, or manufactured in that country.

A service is from a covered African country if it is performed in that country by citizens or residents of that country.

Covered contract

The term covered contract means a contract awarded by the Department of Defense that provides for a photovoltaic device to be—

Photovoltaic devices

The term photovoltaic device means devices that convert light directly into electricity through a solid-stats, semiconductor process.

enhanced training and educational opportunities for program managers;

increased emphasis on the mentoring of current and future program managers by experienced senior executives and program managers within the Department;

improved career paths and career opportunities for program managers;

additional incentives for the recruitment and retention of highly qualified individuals to serve as program managers;

improved resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) for program managers;

improved means of collecting and disseminating best practices and lessons learned to enhance program management across the Department;

common templates and tools to support improved data gathering and analysis for program management and oversight purposes;

increased accountability of program managers for the results of defense acquisition programs; and

enhanced monetary and nonmonetary awards for successful accomplishment of program objectives by program managers.

bringing to maturity the technologies and manufacturing processes that will be needed to carry out the program;

ensuring continuing focus during program development on meeting stated mission requirements and other requirements of the Department of Defense;

making trade-offs between program cost, schedule, and performance for the life-cycle of the program;

developing a business case for the program; and

ensuring that appropriate information is available to the milestone decision authority to make a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program), including information necessary to make the certification required by section 2366a of title 10, United States Code.

has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c);

is provided the resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) needed to meet such responsibilities; and

is assigned to the program manager position for such program until such time as such program is ready for a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program).

require the program manager for the program execution period of a defense acquisition program to enter into a performance agreement with the milestone decision authority for such program within six months of assignment, that—

provide the program manager with the authority to—

has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c);

is provided the resources and support (including systems engineering expertise, cost estimating expertise, and software development expertise) needed to meet such responsibilities; and

is assigned to the program manager position for such program at the time of Milestone B approval (or Key Decision Point B approval in the case of a space program) and continues in such position until the delivery of the first production units of the program.

the program is so complex, and the delivery of the first production units will take so long, that it would not be feasible for a single individual to serve as program manager for the entire period covered by such paragraph; and

the complexity of the program, and length of time that will be required to deliver the first production units, are not the result of a failure to meet the certification requirements under section 2366a of title 10, United States Code.

The extent, if any, to which the disputes described in subsection (a) have been the result of efforts that require that major weapon systems conduct operational testing in excess of levels necessary to demonstrate—

The extent, if any, to which such disputes have been the result of efforts to reduce potential testing for major weapon systems below levels necessary to demonstrate—

The extent, if any, to which testing requirements or standards established for major weapons systems as described in subparagraph (A) of paragraph (1) that were incompatible or inconsistent with testing requirements or standards as described in subparagraph (B) of such paragraph, and the impact of any such incompatibility or inconsistency.

The term major defense acquisition program has the meaning given that term in section 2430 of title 10, United States Code.

The term major weapon system means a major system within the meaning of section 2302d(a) of title 10, United States Code.

In general

Chapter 4 of title 10, United States Code, is amended by inserting after section 133 the following new section:

Conforming repeal of superseded authority

Section 132a of such title is repealed.

Placement in OSD

Section 131(b) of such title is amended—

Continuation of incumbent in position

The individual appointed by the President, by and with the advice and consent of the Senate, to serve as the Deputy Chief Management Officer of the Department of Defense as of the date of enactment of this Act shall serve as the Chief Management Officer of the Department of Defense under section 133a of title 10, United States Code (as amended by paragraph (1)), after that date.

Increase in number of pdus

Paragraph (1) of subsection (a) of section 137a of title 10, United States Code, is amended by striking five and inserting seven.

Codification of restriction on use of Deputy Under Secretary of Defense title

Conforming amendment for the Vacancy Reform Act of 1998

Subsection (b) of section 137a of title 10, United States Code, is amended by striking is absent or disabled and inserting dies, resigns, or is otherwise unable to perform the functions and duties of the office.

Amendments in connection with conversion to position of Chief Management Officer

Assistant Secretary of Defense for logistics and materiel readiness

Paragraph (7) of section 138(b) is amended—

Assistant Secretary of Defense for Research and Engineering

Paragraph (8) of such section is amended—

Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs

Paragraph (10) of such section is amended—

Repeal of separate sections

Sections 138a, 138b, and 138d are repealed.

Section 134(c) of title 10, United States Code, is amended by striking after and all that follows and inserting the Chief Management Officer of the Department of Defense.

Section 137a(d) of such title is amended by striking the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense and inserting the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Management Officer of the Department of Defense, and the other Under Secretaries of Defense.

Section 138(d) of such title is amended by striking the Under Secretaries of Defense, the Deputy Chief Management Officer of the Department of Defense and inserting the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Management Officer of the Department of Defense, the other Under Secretaries of Defense.

Transfer of policy provisions

Chapter 173 of title 10, United States Code, is amended—

Repeal of former provision

Section 138c of such title is repealed.

In paragraph (6) of section 131(b) (as redesignated by subsection (a)(3))—

Section 132(b) is amended by striking is disabled or there is no Secretary of Defense and inserting dies, resigns, or is otherwise unable to perform the functions and duties of the office.

In section 186—

In section 2222, by striking the Deputy Chief Management Officer of the Department of Defense each place it appears in subsections (c)(2)(E), (d)(3), (f)(1)(D), (f)(1)(E), and (f)(2)(E) and inserting the Chief Management Officer of the Department of Defense.

In section 2925(b), by striking Operational Energy Plans and Programs and inserting Energy, Installations, and Environment.

The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended—

The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by adding at the end the following new item:

Executive Schedule Level III

Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Chief Management Office of the Department of Defense and inserting the following new item:

Conforming amendment to prior reduction in number of Assistant Secretaries of Defense

Section 5315 of such title is amended by striking Assistant Secretaries of Defense (16) and inserting Assistant Secretaries of Defense (14).

DCMO

Any reference to the Deputy Chief Management Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Chief Management Officer of the Department of Defense.

CIO

Any reference to the Chief Information Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Chief Management Officer of the Department of Defense.

ASDEIE

Any reference to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment in any provision of law or in any rule, regulation, or other paper of the United State shall be deemed to the Assistant Secretary of Defense for Energy, Installations, and Environment.

Redesignation of position

The position of Assistant Secretary of Defense for Reserve Affairs is hereby redesignated as the Assistant Secretary of Defense for Manpower and Reserve Affairs. The individual serving in that position on the day before the date of the enactment of this Act may continue in office after that date without further appointment.

Statutory duties

Paragraph (2) of section 138(b) of title 10, United States Code, is amended to read as follows:

Repeal

Section 10201 of such title is repealed.

Clerical amendment

The table of sections at the beginning of chapter 1007 of such title is amended by striking the item relating to section 10201.

in the subsection heading, by striking Personnel and inserting Persons;

by striking paragraph (2);

by designating the second sentence of paragraph (1) as paragraph (2); and

by striking the first sentence of paragraph (1) and inserting the following:

in the matter preceding subparagraph (A), by striking the official designated under this paragraph shall include— and inserting the designated Agency Director shall include the following:

by capitalizing the first letter of the first word of each of subparagraphs (A), (B), (C), and (D);

by striking the semicolon at the end of subparagraph (A) and inserting a period;

in subparagraph (B)—

by adding at the end the following new subparagraph:

in paragraph (3), by striking the official designated under paragraphs (1) and (2) and inserting the designated Agency Director; and

in paragraphs (4) and (5), by striking The designated official and inserting The designated Agency Director.

in paragraph (1), by striking the office established under section 1501 of this title and inserting the designated Agency Director; and

in paragraphs (2) and (3), by striking head of the office established under section 1501 of this title and inserting designated Agency Director.

in subsection (b)—

in subsection (d)—

in subsection (f)—

Cross-reference correction

Section 1513(1) of such title is amended in the last sentence by striking subsection (b) and inserting subsection (c).

Heading amendment

The heading of section 1509 of such title is amended to read as follows:

Table of sections

The table of sections at the beginning of chapter 76 of such title is amended—

Authority

Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2015 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

Limitation

Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000.

Exception for transfers between military personnel authorizations

A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

may not be used to provide authority for an item that has been denied authorization by Congress.

The budget of the President for fiscal year 2015, as submitted to Congress pursuant to section 1105 of title 31, United States Code, provides for significant reductions to the military force structure and in military compensation over the course of the future-years defense program, including proposals to restrict pay raises for members of the Armed Forces below the rate of inflation, freeze pay for general and flag officers, reduce the growth of housing allowances by requiring members of the Armed Forces to pay 5 percent out-of-pocket for housing costs, reduce appropriated fund subsidies to the defense commissaries, make significant changes to benefits under the TRICARE program, reduce the end strength of the Army by more than 60,000, retire the A–10 and U–2 aircraft of the Air Force, inactivate half of the cruiser fleet of the Navy, and reduce the size of the helicopter fleet of the Army by 25 percent and terminate the Ground Combat Vehicle program of the Army.

These proposed reductions are the result of the budget caps enacted by Congress in the Budget Control Act of 2011 and reaffirmed (with some relief for fiscal years 2014 and 2015) in the Bipartisan Budget Act of 2014, which cut more than $900,000,000,000 from the planned Department of Defense budget over a period of ten years. Under these budget caps, the Department of Defense budget is unchanged from the funding level in fiscal years 2013 and 2014, and remains more than $30,000,000,000 below the funding provided to the Department in fiscal years 2010, 2011, and 2012. In inflation-adjusted terms, the drop is even greater, with a reduction of $75,000,000,000 since fiscal year 2010 and virtually no projected growth in inflation-adjusted dollars through the balance of the future-years defense program.

If the budget caps remain unchanged for fiscal year 2016 and beyond, the Department of Defense will be required to make even deeper cuts, including an additional reduction of 60,000 in the end strength of the Army, the retirement of the entire KC–10 tanker aircraft fleet and the Global Hawk Block 40 fleet, reduced purchases of Joint Strike Fighters and unmanned aerial vehicles, the inactivation of additional naval vessels, reduced purchases of destroyers, and the elimination of an aircraft carrier and a carrier air wing. Senior civilian and military leaders of the Department of Defense have testified that if these additional reductions are carried out, the United States Armed Forces will not be able to carry out the National Defense Strategy.

The budget of the President for fiscal year 2015 proposes to add $115,000,000,000 to the budget caps of the Department of Defense for the four fiscal years starting in fiscal year 2016 in order to avoid the need to make the additional cuts described in paragraph (3). The budget proposes to add an equal amount to the budget caps for the non-defense agencies of the Federal Government in order to ensure that such agencies can continue to meet their obligation to protect and promote public safety, health, education, justice, transportation, the environment, and other domestic needs.

leaving the budget caps described in subsection (a)(2) for fiscal year 2016 and beyond unchanged would require cuts that would seriously undermine the ability of the Department of Defense to carry out its national security mission and reduce the ability of other Federal Government agencies to adequately address non-defense priorities; and

Congress should avoid these adverse impacts to the national interests of the United States by enacting deficit-neutral legislation to increase the budget caps, offset by a bipartisan comprehensive package.

in subsection (a), by striking 2014 and inserting 2017; and

in subsection (c), by striking 2014 and inserting 2017.

by striking fiscal year 2015 and inserting fiscal year 2020;

by inserting for drug interdiction and counter-drug activities that are after funds; and

by inserting or activities to counter transnational organized crime after counter-drug activities.

in the matter preceding paragraph (1)—

in paragraph (1)—

in paragraph (2), by inserting before the period the following: , and a description of the objectives of such support; and

in paragraph (3), by inserting before the period the following: or operations to counter transnational organized crime.

in subparagraph (A)—

in subparagraph (B)—

by striking subparagraph (C).

by inserting or activities to counter transnational organized crime after counter-drug activities each place it appears;

in subsection (a)(3), by inserting or responsibilities for countering transnational organized crime after counter-drug responsibilities; and

in subsection (b)(5), by inserting or counter-transnational organized crime after Counter-drug.

In general

Except as otherwise provided in this section, none of the funds authorized to be appropriated or otherwise made available for the Department of Defense by this Act or the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser or dock landing ship.

Use of SMOSF funds

Funds in the Ship, Modernization, Operations, and Sustainment Fund (SMOSF) may be used only for 11 Ticonderoga-class cruisers (CG 63 through CG 73) and 3 dock landing ships (LSD 41, LSD 42, and LSD 46). The Secretary of the Navy may use such funds only to man, operate, equip, sustain, and modernize such vessels.

Operational forces

The naval combat forces of the Navy shall include not less than 11 operational cruisers (CG 52 through CG 62) and 11 operational dock landing ships (all members of the LSD 41 class, except LSD 41, LSD, 42 and LSD 46). For purposes of this paragraph, a cruiser or dock landing ship is operational if such vessel is available for worldwide deployment other than during routine or scheduled maintenance or repair.

Phased modernization

The Secretary may conduct phased modernization of the cruisers and dock landing ships for which funds in the Ship, Modernization, Operations, and Sustainment Fund are authorized to be available pursuant to subsection (a)(2). During a phased modernization period, the Secretary may reduce manning on such vessels to the minimal level necessary to ensure the safety and security of such vessels and to retain critical skills.

End of service and transition from phased modernization to operational forces

Cruisers covered by paragraph (1) may only be decommissioned when replaced by one of the cruisers for which the Navy has conducted a phased modernization using funds in the Ship, Modernization, Operations, and Sustainment Fund as described in paragraph (2). After being reintroduced into the operational fleet, the cruisers modernized as described in paragraph (2) may be decommissioned individually upon reaching the end of their expected service life, excluding time spent in a phased modernization status under paragraph (2). After being reintroduced into the operational fleet, the dock landing ships modernized as described in paragraph (2) may be decommissioned upon reaching the end of their expected service life, excluded time spent in a phased modernization status under paragraph (2).

Requirements

During the period of phased modernization under subsection (b)(2) of the vessels specified in subsection (a)(2), the Secretary of the Navy shall—

Limitations

During the period of phased modernization under subsection (b)(2) of the vessels specified in subsection (a)(2), the Secretary may not—

In general

At the same time as the submittal to Congress of the budget of the President under section 1105 of title 31, United States, for each fiscal year in which activities under the phased modernization of vessels will be carried out under this section, the Secretary of the Navy shall submit to the congressional defense committees a written report on the status of the phased modernization of vessels under this section.

Elements

Each report under this subsection shall include the following:

Notice on variance from plan

Not later than 30 days before executing any material deviation from a plan under paragraph (2)(F) for a fiscal year, the Secretary shall notify the congressional defense committees in writing of such deviation from the plan.

in the subsection heading, by inserting under the jurisdiction of the Secretary of the Navy after vessels;

by striking A naval vessel and inserting (1) Except as provided in paragraph (2), a naval vessel; and

by adding at the end the following new paragraph:

Section heading

The heading of such section is amended to read as follows:

Table of sections

The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7310 and inserting the following:

is not a United States citizen or a member of the Armed Forces of the United States; and

is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

determines that the transfer is in the national security interest of the United States;

determines that appropriate actions have been taken, or will be taken, to address any risk to public safety that could arise in connection with detention and trial in the United States; and

notifies the appropriate committees of Congress not later than 30 days before the date of the proposed transfer.

A statement of the basis for the determination that the transfer is in the national security interest of the United States.

A description of the action the Secretary determines have been taken, or will be taken, to address any risk to the public safety that could arise in connection with the detention and trial in the United States.

shall not be permitted to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) or be eligible to apply for admission into the United States;

shall be considered to be paroled into the United States temporarily pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)); and

shall not, as a result of such transfer, have a change in designation as an unprivileged enemy belligerent eligible for detention pursuant to the Authorization for Use of Military Force, as determined in accordance with applicable law and regulations.

Limitations

Except as provided for in paragraph (2), no court, justice, or judge shall have jurisdiction to hear or consider any action against the United States or its agents relating to any aspect of the detention, transfer, treatment, or conditions of confinement of a detainee described in subsection (a) who is held by the Armed Forces of the United States.

Exception

A detainee who is transferred to the United States under this section shall not be deprived of the right to challenge his designation as an unprivileged enemy belligerent by filing a writ of habeas corpus as provided by the Supreme Court in Hamdan v. Rumsfeld (548 U.S. 557 (2006)) and Boumediene v. Bush (553 U.S. 723 (2008)).

No cause of action in decision not To transfer

A decision not to transfer a detainee to the United States under this section shall not give rise to a judicial cause of action.

In general

Subsections (b), (c), (d), (e), and (f) shall take effect on the date, following the date on which the Secretary of Defense submits to the appropriate committees of Congress a detailed plan to close the detention facility at United States Naval Station, Guantanamo Bay, Cuba, that Congress fails to enact a joint resolution disapproving such report pursuant to subsection (i).

Elements

The report required by paragraph (1) shall contain the following:

Form

The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Terms of the resolution

For purposes of this section the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Secretary of Defense submits to Congress a report under subsection (g) and—

Referral

A resolution described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in paragraph (1) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate.

Discharge

If the committee to which a resolution described in paragraph (1) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Secretary submits to Congress a report under subsection (g), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

Consideration

Consideration by other house