(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Highlights:
The National Defense Authorization Act for Fiscal Year 2016 authorizes FY2016 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE). The bill authorizes appropriations, but does not provide appropriations, which are considered in subsequent appropriations legislation.
The bill authorizes appropriations to DOD for:
This bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from limits on discretionary spending.
The bill authorizes the FY2016 personnel strengths for active duty and reserve forces and sets forth policies regarding military personnel; compensation and other personnel benefits; health care; acquisition policy and management; DOD organization and management; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; and strategic programs, cyber, and intelligence matters.
The bill authorizes appropriations and sets forth policies regarding military construction for the Army, Navy, Air Force, defense agencies, the North Atlantic Treaty Organization Security Investment Program, and Guard and Reserve Forces facilities.
The bill authorizes appropriations for base realignment and closure (BRAC) activities and prohibits an additional BRAC round.
The bill also authorizes appropriations and sets forth policies for DOE national security programs, including the National Nuclear Security Administration.
Full Summary:
National Defense Authorization Act for Fiscal Year 2016
(Sec. 3) Defines "congressional defense committees" as the House and Senate Armed Services and Appropriations Committees.
(Sec. 4) Specifies procedures for determining the budgetary effects of this bill for compliance with the Statutory Pay-As-You-Go (PAYGO) Act of 2010.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
(Sec. 101) Authorizes appropriations to the Department of Defense (DOD) for Procurement at the levels identified in section 4101 of this bill.
Subtitle B--Navy Programs
(Sec. 111) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 to reduce the limit on the cost of the CVN-78 class aircraft carrier program.
(Sec. 112) Limits the funds that may be used for the U.S.S. John. F. Kennedy (CVN-79) until the Navy submits to Congress: (1) a certification that it will conduct full ship shock trials by the end of FY2017, and (2) specified reports regarding cost issues and requirements, capabilities, and alternatives for aircraft carriers that would replace or supplement the CVN-78 class aircraft carrier.
(Sec. 113) Limits the funds that may be used for the U.S.S. Enterprise (CVN-80) until a specified certification and report is submitted to Congress.
(Sec. 114) Requires the quarterly report for the U.S.S. John F. Kennedy (CVN-79) to include a description of new design and engineering changes to CVN-78 class aircraft carriers.
(Sec. 115) Limits the availability of funds for research and development, design, construction, procurement or advanced procurement of materials for the upgraded Littoral Combat Ships (LCS) until the Navy submits specified capabilities assessments, reports, certifications, and plans to Congress.
(Sec. 116) Amends the Carl Levin and Howard P. ''Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 to extend the limitation on funds for LCS-25 and LCS-26 until pre-existing requirements are met. Requires the Navy to provide Congress with acquisition strategies, a plan to outfit Flight 0 and Flight 0+ Littoral Combat Ships with capabilities identified for the upgraded Littoral Combat Ship, and a current test and evaluation master plan for the Littoral Combat Ship mission modules.
(Sec. 117) Permits the Navy to enter into a contract beginning in FY2016 for the procurement of one Arleigh Burke class destroyer in addition to the 10 DDG-51s in the FY2013-FY2017 multiyear procurement contract or for one DDG-51 in FY2018. Permits incremental funding to be used.
(Sec. 118) Permits the Navy to enter into one or more contracts to procure up to six Fleet Replenishment Oilers.
(Sec. 119) Sets forth reporting requirements for the Ohio-class replacement submarine program.
Subtitle C--Air Force Programs
(Sec. 131) Limits the retirement of B-1, B-2, or B-52 bomber aircraft prior to initial operational capability (IOC) of the Long Range Strike Bomber (LRS-B) unless DOD certifies to Congress, that: (1) the retirement is required to reallocate funding and manpower resources to enable LRS-B to reach IOC and full operational capability (FOC); and (2) the retirements will not detrimentally affect operational capability.
(Sec. 132) Requires the Air Force to maintain a minimum total active inventory of at least 1,950 fighter aircraft and a total primary mission aircraft inventory (combat-coded) of at least 1,116 fighter aircraft.
Prohibits the Air Force from retiring fighter aircraft from the total active inventory as of the date of the enactment of this bill until the Air Force certifies to Congress that the retirement: (1) will not increase the operational risk of meeting the National Defense Strategy; and (2) will not reduce the total fighter force structure below specified levels.
Requires the Air Force to report to Congress on the retirement of aircraft and on the proposed force structure and basing of fighter aircraft.
(Sec. 133) Limits the use of FY2016 funds for F-35A procurement until DOD certifies to Congress that F-35A aircraft delivered in FY2018 will have full combat capability with currently planned Block 3F hardware, software, and weapons carriage.
(Sec. 134) Prohibits the use of funds to retire, prepare to retire, or place in storage any A-10 aircraft. Requires the Air Force to: (1) maintain a minimum of 171 A-10 aircraft in primary mission aircraft inventory status, and (2) commission an independent assessment of the required capabilities and mission platform to replace the A-10 aircraft.
(Sec. 135) Prohibits the use of funds to retire, prepare to retire, or place in storage any EC-130H Compass Call aircraft.
(Sec. 136) Limits the use of funds to transfer any C-130H aircraft from one facility to another, initiate any C-130 manpower authorization adjustments, retire or prepare to retire any C-130H aircraft, or close any C-130H unit until after the Air Force makes a specified certification to Congress.
(Sec. 137) Limits the use of funds for avionics modification to the T-1A Jayhawk aircraft until after the Air Force submits to Congress a required report on options for the modernization or replacement of the T-1A aircraft capability.
(Sec. 138) Prohibits the Air Force from retiring any operational Joint Surveillance Target Attack Radar System (JSTARS), EC-130H Compass Call, or Airborne Early Warning and Control (AWACS) aircraft until the follow-on replacement aircraft program enters Low-Rate Initial Production.
(Sec. 139) Expresses the sense of Congress regarding basing of the F-35A aircraft outside of the continental United States.
(Sec. 140) Expresses the sense of the Congress on F-16 Active Electronically Scanned Array (AESA) radar upgrades.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
(Sec. 151) Requires the Army and the Navy to submit to Congress a report on the plan to modernize small arms for the Army and the Marine Corps.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
(Sec. 201) Authorizes appropriations for Research, Development, Test, and Evaluation activities at the levels identified in section 4201 of this bill.
Subtitle B--Program Requirements, Restrictions, and Limitations
(Sec. 211) Requires DOD to: (1) designate each science and technology reinvention laboratory as a Center for Science, Technology, and Engineering Partnership in the core competencies of the designee, and (2) establish a policy to encourage the Secretary of each military department to reengineer management and business processes and adopt best-business and personnel practices at their Centers to serve as recognized leaders in their core competencies.
Authorizes DOD to establish incentives for the Director of a Center for Science, Technology, and Engineering Partnership to enter into public-private cooperative arrangements for: (1) employees of the Center, private industry, or other entities outside of DOD to perform work related to the core competencies of the Center, and (2) for private industry or other entities outside DOD to use facilities or equipment of the Center that are not fully used for DOD activities.
(Sec. 212) Requires DOD to establish a technology offset program to build and maintain the military technological superiority of the United States by: (1) accelerating the fielding of offset technologies that would help counter technological advantages of potential adversaries, and (2) developing and implementing new policies and acquisition and business practices.
Requires DOD to develop a directed energy strategy to ensure that the U.S. directed energy technologies are being developed and deployed at an accelerated pace.
(Sec. 213) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to reauthorize the Rapid Innovation Program to accelerate the fielding of innovative technologies. Requires DOD to ensure that projects are selected using merit-based selection procedures and not subject to undue influence by Congress or other federal agencies.
(Sec. 214) Reauthorizes the Global Research Watch Program, which monitors and analyzes research activities and capabilities of foreign nations in areas of military interest. Expands the focus of the program to include the private sector as a part of the global focus.
(Sec. 215) Requires DOD to establish a set of science, technology, and innovation activities to improve the acquisition outcomes of major automated information systems through improved performance and reduced developmental and life cycle costs.
(Sec. 216) Expands DOD's Science, Mathematics, and Research for Transformation (SMART) program, which awards scholarships to students studying science, technology, engineering, and mathematics, to include students from countries which are parties to The Technical Cooperation Program memorandum of understanding of October 24, 1995 (currently the United Kingdom, Australia, New Zealand, and Canada).
(Sec. 217) Amends the National Defense Authorization Act for Fiscal Year 2014 to eliminate the requirements for the Joint Federated Assurance Center to coordinate certain research and development activities with the Center for Assured Software of the National Security Agency and the Defense Microelectronics Activity. (The Joint Federated Assurance Center was established to serve as a joint, department-wide federation of existing capabilities to ensure security of DOD software and hardware.)
(Sec. 218) Limits the use of U.S. Special Operations Command funds for the Shallow Water Combat Submersible until the Under Secretary of Defense for Acquisition, Technology, and Logistics: (1) designates a civilian official responsible for oversight and assistance for all undersea mobility programs; and (2) submits a report to Congress on the Shallow Water Combat Submersible.
(Sec. 219) Limits the use of funds for the distributed common ground system of the Army until the Army reviews and reports to Congress on the program planning for the system.
(Sec. 220) Limits the use of U.S. Special Operations Command funds for the distributed common ground system until a specified report is submitted to Congress.
Subtitle C--Other Matters
(Sec. 231) Requires the Director of Cost Assessment and Program Evaluation (CAPE) to contract with an independent entity to assess requirements and capabilities to determine the technological feasibility, achievability, suitability, and survivability of a tactical communications and data network. Limits the use of funds for the Warfighter Information Network-Tactical (WIN-T), Increment 2 until the report is submitted to Congress.
(Sec. 232) Requires DOD to conduct a hardware assurance study to assess the presence, scope, and effect on DOD operations of counterfeit electronic parts that have passed through the Department supply chain and into field systems.
(Sec. 233) Requires the Air Force, the Army, and the Defense Advanced Research Projects Agency to jointly conduct a demonstration of the Persistent Close Air Support (PCAS) capability in FY2016.
(Sec. 234) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff to jointly develop a plan to enable secure and survivable communications between and among fifth- and fourth-generation fighter aircraft, and the aircraft that support them, in anti-access/area denial environments. Prohibits the use of funds for the interim communications initiatives identified as Talon Hate and Multi-Domain Adaptable Processing System until Congress is briefed on the plan.
(Sec. 235) Requires DOD to submit to Congress and the Government Accountability Office (GAO) to review a report on the Technology Readiness Levels (TRLs) of the technologies and capabilities critical to the Long Range Strike Bomber aircraft.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
(Sec. 301) Authorizes appropriations for Operation and Maintenance activities at the levels identified in section 4301 of this bill.
Subtitle B--Energy and Environment
(Sec. 311) Amends energy management reporting requirements to eliminate requirements for reporting of renewable energy credits and revise electricity outage reporting requirements to include non-commercial utility outages and DOD-owned infrastructure.
(Sec. 312) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to submit to Congress a report detailing efforts to achieve cost savings at military installations with high energy costs.
(Sec. 313) Establishes Southern Sea Otter Military Readiness Areas at specified offshore islands in the Southern California Bight. Exempts military readiness activities of the Navy from specified environmental laws pertaining to the southern sea otter in the areas. Requires the Navy to monitor and report to Congress on the effects of military readiness activities on the southern otter population in the areas.
Subtitle C--Logistics and Sustainment
(Sec. 321) Repeals a limitation on the authority of the Air Force to enter into a contract for the sustainment, maintenance, repair, or overhaul of the F117 engine.
Subtitle D--Reports
(Sec. 331) Revises requirements for the annual report on prepositioned materiel and equipment to require a list of any equipment used in support of contingency operations slated for retrograde and subsequent inclusion in the prepositioned stocks. (Under current law, the list applies specifically to Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom.)
Subtitle E--Limitations and Extensions of Authority
(Sec. 341) Amends the National Defense Authorization Act for Fiscal Year 2011 to revise reporting and administrative requirements that apply to certain transfers of aircraft within the Air Force inventory.
(Sec. 342) Prohibits DOD from using funds for any sponsorship, advertising, or marketing associated with a sports-related organization or sporting event until the Under Secretary of Defense for Personnel and Readiness reviews and reports to Congress on current activities in this area.
(Sec. 343) Temporarily extends the authority to extend contracts and leases under the Armament Retooling and Manufacturing Support (ARMS) Initiative.
Subtitle F--Other Matters
(Sec. 351) Requires DOD to: (1) review the management, headquarters, and organization of DOD to consolidate and streamline headquarters functions, and (2) submit to Congress and implement a plan to reduce amounts used for administration by specified percentages. Limits the availability of funds for contract personnel support until DOD certifies to Congress that the required reductions in administration costs have been achieved.
(Sec. 352) Gives preference in the adoption of retired military working dogs to their former handlers, consistent with the best interests of the dogs.
(Sec. 353) Revises the scope of required DOD reviews of projects related to potential obstructions to aviation to: (1) cover requests for informal reviews by Indian tribes and landowners, (2) provide that information received from private entities is not required to be publicly released, and (3) eliminate categories of adverse risk impact.
(Sec. 354) Requires DOD to carry out a pilot program to assess providing scholarships in accordance with the David L. Boren National Security Education Act of 1991 to individuals for intensive instruction in certain Asian languages.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
(Sec. 401) Authorizes specified end strengths for Active Duty personnel of the Armed Forces.
(Sec. 402) Authorizes the Secretary of Defense and the service secretaries to vary military personnel end strengths below those authorized in title IV of this bill.
Subtitle B--Reserve Forces
(Sec. 411) Authorizes specified end strengths for Selected Reserve personnel.
(Sec. 412) Authorizes specified end strengths for Reserves on Active Duty in support of the Reserves. Requires the National Guard Bureau to take into account the actual number of members of the Army National Guard serving in each state as of September 30 of each year when allocating full-time duty personnel in the Army National Guard among the states.
(Sec. 413) Authorizes specified end strengths for military technicians (dual status).
(Sec. 414) Establishes limits on the number of non-dual status technicians who may be employed by DOD.
(Sec. 415) Establishes limits on the number of reserve personnel authorized to be on active duty for operational support.
(Sec. 416) Authorizes the Chief of the National Guard Bureau to increase certain end strengths applicable to the Army National Guard by specified amounts if any increase is paid for out of FY2016 funds appropriated for Operation and Maintenance--Army National Guard.
Subtitle C--Authorization of Appropriations
(Sec. 421) Authorizes appropriations for military personnel at the levels identified in section 4401 of this bill.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
(Sec. 501) Authorizes an officer promotion board to recommend officers of particular merit to be placed at the top of the promotion list.
(Sec. 502) Establishes minimum grades for specified positions in the Army, Navy, and Air Force.
(Sec. 503) Revises authorities related to the defense acquisition work force to: (1) provide credit for joint duty assignments for acquisition related assignments to broaden the promotion preference and career opportunities for military acquisition professionals; (2) provide for an enhanced dual track career path in combat arms and a functional secondary career in acquisition, (3) include business and commercial training as joint professional military education; and (4) require an annual report to Congress on promotion rates for officers in acquisition positions.
(Sec. 504) Revises the restriction on the number of officers that may be recommended for discharge by a selection board.
(Sec. 505) Permits the Secretaries of the military departments to defer, until age 68, the mandatory retirement age of a general or flag officer serving as Chief or Deputy Chief of Chaplains of the Army, Navy, or Air Force.
(Sec. 506) Reinstates the authority for the service secretaries to convene selection boards to consider regular warrant officers on the Active-Duty list for involuntary discharge.
(Sec. 507) Authorizes a service secretary to retire warrant officers in the highest grade in which they served satisfactorily before retirement.
Subtitle B--Reserve Component Management
(Sec. 511) Authorizes the secretaries of the military departments to defer promotion consideration for reserve component officers in a non-participatory (membership points only) status.
(Sec. 512) Provides that the purpose of a Reserve Component special selection board is limited to the correction of errors at a mandatory promotion board.
(Sec. 513) Aligns the citizenship or residency requirements for enlistment in the reserve components of the Armed Forces with the citizenship requirements for the active components.
(Sec. 514) Authorizes the Air Force to use up to 50 Active, Guard, and Reserve members and dual status military technicians to provide pilot instruction training to active duty and foreign military personnel in excess of what is currently authorized. Requires the Air Force to submit to Congress a plan to eliminate pilot instructor shortages within the Air Force.
Subtitle C--General Service Authorities
(Sec. 521) Requires DOD to provide pre-separation counseling to members who have completed their first 180 continuous days of Active Duty service and whose discharge or release from Active Duty is anticipated as of a specific date.
(Sec. 522) Amends the Duncan Hunter National Defense Authorization Act of Fiscal Year 2009 to expand the authority to conduct pilot programs on career flexibility to enhance retention of members of the Armed Forces. Removes limitations on: (1) participation by members of the Armed Forces serving under an agreement upon entry or receiving a critical military skill retention bonus, and (2) the number of participants. (Under the programs, officers and enlisted members may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of the period of inactivation from active duty.)
(Sec. 523) Expresses the sense of Congress on the development of gender-neutral occupational standards for occupational assignments in the Armed Forces.
Subtitle D--Member Education and Training
Part I--Educational Assistance Reform
(Sec. 531) Requires the Secretary concerned to determine that education or training subsidized through the tuition assistance program is likely to contribute to the member's professional development.
(Sec. 532) Terminates the program to provide educational assistance for reserve component members supporting contingency operations and other operations in four years after the date of enactment of this bill.
(Sec. 533) Requires each Secretary concerned to submit to Congress an annual report on the educational levels attained by certain members of the Armed Forces who transferred unused education benefits to family members and separated from the Armed Forces.
(Sec. 534) Expresses the sense of Congress on the transferability of unused education benefits to family members.
(Sec. 535) Provides that individuals receiving Post-9/11 Education Assistance may not also receive unemployment insurance while receiving the post-9/11 education benefit.
Part II--Other Matters
(Sec. 536) Removes requirements that Joint Professional Military Education Phase II courses taught at the Joint Forces Staff College be taught in residence and last for at least 10 weeks.
(Sec. 537) Requires the Secretaries of the military departments to ensure that professional accreditation programs provided to members of the Armed Services meet recognized national and international standards.
(Sec. 538) Authorizes the Army to enter into certain contracts and agreements with the Army West Point Athletic Association to support the athletic and physical fitness programs of the U.S. Military Academy and sets forth requirements for the agreements.
(Sec. 539) Requires the Department of Veterans Affairs (VA) to notify certain members of the Armed Forces about the availability of the higher education component of the Transition Assistance Program on the DOD website.
Requires DOD to assess the feasibility of providing access for veterans and dependents to the higher education component of the Transition Assistance Program on the eBenefits Internet website of the VA and tracking the completion of that component through the site.
Subtitle E--Military Justice
(Sec. 546) Amends the Military Rules of Evidence to provide that a confession may be considered as evidence against the accused only if independent evidence, direct or circumstantial, has been admitted into evidence that would tend to establish the trustworthiness of the confession.
(Sec. 547) Modifies the Rules for Courts-Martial to prohibit giving a less favorable rating to any member of the Armed Forces serving as a Special Victims' Counsel because of the zeal with which the Counsel represented a victim.
(Sec. 548) Requires a trial counsel to disclose to the Special Victim's Counsel on a timely basis specified materials and information related to the prosecution of offenses.
(Sec. 549) Amends the Uniform Code of Military Justice (UCMJ), to allow an interlocutory (interim) appeal by a victim based on an assertion that the victim's rights at an Article 32, UCMJ investigation were violated.
(Sec. 550) Expands the circumstances under which an alleged victim must be provided a copy of all prepared records of the proceedings of a court-martial.
(Sec. 551) Requires a military criminal investigator seeking to question an individual eligible for assistance of Special Victims' Counsel (SVC) to inform the victim of the right to be represented by a SVC.
Provides that if a victim invokes to the right to be represented by the SVC: (1) the SVC must assist the victim during questioning, (2) the investigator may only contact the victim through the SVC, and (3) the military criminal investigator may not question the victim without consent of the SVC.
(Sec. 552) Authorizes the SVC to provide legal consultation and assistance to victims of an alleged sex-related offense, in connection with inspector general and equal opportunity complaints, requests under the Freedom of Information Act, and communications with Congress.
(Sec. 553) Provides that federal law protecting the privacy of victims who are servicemembers or adult military dependents and who file restricted reports of sexual assault preempts state laws requiring reporting to a sexual assault response coordinator, a sexual assault victim advocate, or healthcare personnel providing assistance to a victim. Includes an exception if reporting is necessary to prevent or mitigate a serious and imminent threat to the health or safety of an individual.
(Sec. 554) Establishes an Office of Complex Investigations within the National Guard Bureau to assist the states in administrative investigations of sexual assault involving members of the National Guard and in circumstances involving members of the Guard where states have limited jurisdiction or authority.
(Sec. 555) Requires DOD to establish the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces no later than 90 days after enactment of this bill.
(Sec. 556) Requires the GAO to report on policies of the Army National Guard and the Army Reserve regarding sexual assault response and prevention.
(Sec. 557) Expresses the sense of Congress that: (1) military juries should not face a choice between imposing a fair sentence or protecting the benefits of a member of the Armed Forces for the sake of family members, and (2) family members of retirement-eligible members should not be adversely affected by the loss of the member's benefits due to a court-martial conviction.
Subtitle F--Defense Dependents Education and Military Family Readiness
(Sec. 561) Authorizes appropriations to continue DOD assistance to local educational agencies impacted by enrollment of dependent children of military members and DOD civilian employees.
(Sec. 562) Authorizes appropriations for impact aid payments for children with disabilities to continue DOD assistance to local educational agencies that benefit eligible dependents with severe disabilities.
(Sec. 563) Authorizes the use of appropriations to support student meal programs in domestic defense dependents' schools located outside of the United States.
(Sec. 564) Requires the DOD Office of Family Policy to conduct biennial surveys of adult dependents of members of the Armed Forces on military family readiness.
Subtitle G--Miscellaneous Reporting Requirements
(Sec. 571) Extends the requirement for semiannual reports on involuntary separation of members of the Armed Forces.
(Sec. 572) Limits the use of Air Force Operation and Maintenance funds until the Air Force reports to Congress on remotely piloted aircraft career field manning levels and actions that will be taken to rectify personnel shortfalls.
Subtitle H--Other Matters
Part I--Financial Literacy and Preparedness of Members of the Armed Forces
(Sec. 581) Specifies requirements for providing financial literacy training to certain servicemembers. Requires DOD to include a financial literacy and preparedness survey in the status of forces survey.
(Sec. 582) Requires the Secretary concerned to provide financial literacy training to members of the uniformed services.
(Sec. 583) Expresses the sense of Congress on financial literacy and preparedness of members of the Armed Forces.
Part II-- Other Matters
(Sec. 586) Authorizes the service secretaries to apply for a correction to military records on behalf of an individual.
(Sec. 587) Authorizes DOD to obligate installment payments of bonus, incentive pay, and similar benefits at the time payment is due.
(Sec. 588) Amends the National Defense Authorization Act for Fiscal Year 2008 to revise the Yellow Ribbon Reintegration Program to:
(Sec. 589) Requires DOD to consult with the Department of Homeland Security (DHS) to afford a priority in the processing of applications for a Transportation Worker Identification Credential submitted by members of the Armed Forces who are undergoing separation, discharge, or release from the Armed Forces under honorable conditions.
(Sec. 590) Requires DOD to issue an identification card to certain members who are undergoing discharge or release from the Armed Forces. Authorizes DOD to work with retailers that offer reduced prices on services, consumer products, and pharmaceuticals to veterans to ensure that the cards are recognized.
(Sec. 591) Prohibits the use of uniformed military personnel to provide network services to military installations within the United States. Includes exceptions for network services in support of combatant commands, special operations, the intelligence community, or Cyber Command and waiver authority for safety reasons or combat operations.
(Sec. 592) Increases from 90 to 180 days the number of continuous days of Active Duty required to be performed by reserve component members for the duty to be considered satisfactory federal service for purposes of unemployment compensation.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
(Sec. 601) Authorizes a 1.3% increase in military pay effective on January 1, 2016.
(Sec. 602) Authorizes DOD to reduce the monthly amount of the basic allowance for housing by up to 5% of the national average for housing for a given pay grade and dependency status.
(Sec. 603) Extends the authority of DOD to temporarily increase the rate of basic allowance for housing in areas impacted by natural disasters or experiencing a sudden influx of personnel.
(Sec. 604) Limits the basic allowance for housing for married military couples and other members living together who are assigned within normal commuting distance from each other.
(Sec. 605) Repeals a provision that exempted benefits paid by the VA from a modification to the basic allowance for housing.
(Sec. 606) Ends the supplemental subsistence allowance for servicemembers serving inside the United States. (Servicemembers serving outside the United States, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or Guam would still be eligible to receive the supplemental subsistence allowance from DOD.)
(Sec. 607) Permits DOD to obtain information from the Department of Agriculture regarding the number of Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) applicant households that contain members of the Armed Forces.
Subtitle B--Bonuses and Special and Incentive Pays
(Sec. 611) Extends certain bonus and special pay authorities for Reserve Forces.
(Sec. 612) Extends certain bonus and special pay authorities for health care professionals.
(Sec. 613) Extends certain bonus and special pay authorities for nuclear officers.
(Sec. 614) Extends the general bonus authority for enlisted members and officers, the special bonus and incentive pay authority for nuclear officers, special aviation incentive pay and bonus authorities, the special incentive pay and bonus authorities for officers in health professions, hazardous duty pay, assignment pay or special duty pay, skill incentive pay or the proficiency bonus, the contracting bonus for Senior Reserve Officers' Training Corps cadets and midshipmen, and the retention bonus for members with critical military skills or assigned to high-priority units.
(Sec. 615) Extends the authority for the aviation officer retention bonus, assignment incentive pay, the reenlistment bonus for active members, the reenlistment bonus for active members, the incentive pay for members of precommissioning programs pursuing foreign language proficiency, the accession bonus for new officers in critical skills, the incentive bonus for conversion to military occupational specialty to ease personnel shortage, the incentive bonus for transfer between Armed Forces, and the accession bonus for officer candidates.
(Sec. 616) Authorizes the Navy to increase the maximum nuclear officer bonus for retention purposes.
(Sec. 617) Repeals the authority of the Army to pay bonuses to encourage Army personnel to refer persons for enlistment in the Army.
Subtitle C--Travel and Transportation Allowances
(Sec. 621) Repeals the special travel and transportation allowance for survivors of deceased members of the Armed Forces from the Vietnam conflict to provide equal travel benefits regardless of the location of death or connection to a specific conflict.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
Part I--Retired Pay Reform
(Sec. 631) Provides a government-matching Thrift Savings Plan (TSP) retirement benefit for those who enter uniformed service on or after January 1, 2018, or a member serving before that date who makes a voluntary election to opt-in to the new plan.
(Sec. 632) Establishes a new military retirement defined benefit that, when combined with the government-matching TSP established by this bill, would comprise a new hybrid retirement system.
(Sec. 633) Permits the voluntary election of lump sum payments of retired pay for those serving for 20 or more years.
(Sec. 634) Directs the Secretary concerned to provide continuation pay to servicemembers, serving under the new military retirement system who reach 12 years of service and agree to serve another 4 years.
(Sec. 635) Permits the Secretary concerned to modify the years of service required for retirement under the new military retirement system for particular occupational specialties or other groupings in order to facilitate force shaping or to correct manpower shortages within an occupational specialty. Requires Congress to be notified one year in advance of using this authority.
(Sec. 636) Treats the DOD Military Retirement Fund as a qualified trust for the purpose of the Internal Revenue Code.
Part II--Other Matters
(Sec. 641) Permits the election of a new spouse beneficiary under the Survivor Benefit Plan after the death of a former spouse beneficiary.
(Sec. 642) Authorizes DOD and DHS (with respect to the Coast Guard) to provide monthly transitional compensation and other benefits to dependents or former dependents of a member of the Armed Forces who is ineligible to receive retired pay as a result of a court-martial sentence.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations
(Sec. 651) Authorizes DOD to: (1) transfer second destination transportation costs for commissary goods and supplies overseas to the commissary patron in the price of goods in all commissaries worldwide, and (2) transfer certain costs of obtaining supplies from the defense working capital fund to the surcharge fund.
(Sec. 652) Requires DOD to: (1) submit to Congress a plan for privatizing the defense commissary system, and (2) carry out a pilot program to assess the feasibility and advisability of the plan.
(Sec. 653) Requires GAO to report on policies and procedures for construction projects funded through the Commissary Surcharge, Non-appropriated Fund and the Privately-Financed Major Construction Program of DOD.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
(Sec. 701) Authorizes a covered beneficiary under the TRICARE program to access up to four urgent care visits per year without pre-authorization.
(Sec. 702) Modifies cost-sharing requirements for the TRICARE pharmacy benefits program.
(Sec. 703) Expands continued health benefits coverage to include discharged and released members of the Selected Reserve.
(Sec. 704) Expands reimbursement for smoking cessation services for certain TRICARE beneficiaries.
(Sec. 705) Authorizes DOD to conduct a pilot program to award grants to community partners to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma.
Subtitle B--Health Care Administration
(Sec. 711) Requires DOD to: (1) ensure that TRICARE beneficiaries obtain health care appointments within access standards and wait-time goals established by the DOD for primary care and specialty care, (2) offer an appointment with a contracted health care provider if the beneficiary is unable to obtain appointment within the wait-time goals, and (3) publish health care access standards and appointment wait-times on publicly accessible websites.
(Sec. 712) Requires DOD to ensure that beneficiaries covered under a TRICARE health plan can access health care under that health plan in each TRICARE program region.
(Sec. 713) Requires DOD to:
(Sec. 714) Requires DOD to: (1) provide, through clinical practice guidelines, current and evidence-based standards of care regarding contraception methods and counseling to all health care providers, (2) ensure service women have access to comprehensive contraception counseling, and (3) establish a uniform, standard curriculum to be used in family planning education programs for all members of the Armed Forces.
(Sec. 715) Authorizes DOD to waive recoupment of an erroneous payment to a covered TRICARE beneficiary if:
Requires DOD to impose financial responsibility on TRICARE contractors that are responsible for erroneous payments.
(Sec. 716) Requires DOD to develop a system for designating non-department mental health care providers that meet criteria relating to knowledge and understanding of military culture and evidence-based mental health treatments approved by DOD.
(Sec. 717) Provides that a DOD medical or dental position may not be converted to a civilian position unless: (1) the position is not a military essential position, (2) conversion would not result in the degradation of medical or dental care or the medical or dental readiness of the Armed Forces, and (3) conversion is more cost effective.
(Sec. 718) Extends the authority for the joint DOD-VA Medical Facility Demonstration Fund.
(Sec. 719) Extends the authority for the joint DOD-VA Health Care Sharing Incentive Fund.
(Sec. 720) Requires DOD to conduct and report to Congress on a pilot program to assess value-based incentive programs to encourage institutional and individual health care providers under the TRICARE program to improve quality of care, the experience of beneficiaries in receiving care, and the health of beneficiaries.
Subtitle C--Reports and Other Matters
(Sec. 731) Requires DOD to enter into a memorandum of understanding with the Department of Health and Human Services (HHS) to report and make publicly available through the HHS Hospital Compare website information on quality of care and health outcomes at military medical treatment facilities.
(Sec. 732) Requires DOD to publish on its public website data on all measures used to assess patient safety, quality of care, patient satisfaction, and health outcomes for care provided under TRICARE.
(Sec. 733) Requires DOD to submit annually to Congress a report on patient safety, quality of care, and access to care at military medical treatment facilities.
(Sec. 734) Requires DOD to submit to Congress and GAO to assess a report describing plans to improve the experience of care of beneficiaries and to eliminate performance variability for health care provided in military medical treatment facilities and in the TRICARE purchased care network.
(Sec. 735) Requires DOD to submit to Congress a plan to improve pediatric care and related services for children of members of the Armed Forces.
(Sec. 736) Requires DOD to submit to Congress a report on mental health screenings of individuals before becoming members of the Armed Forces.
(Sec. 737) Requires GAO to report on DOD use of metrics with respect to the quality of care provided at military treatment facilities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
(Sec. 801) Sets forth roles of the service chiefs, the principal military deputies to the service acquisition executive, and the Joint Requirements Oversight Council with respect to decisions regarding the balancing of resources, priorities, and associated trade- offs among cost, schedule, technical feasibility, and performance on major defense acquisition programs.
(Sec. 802) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to allow DOD to use existing rapid acquisition authority for supplies and services that DOD determines are:
Increases the amount of rapid acquisition authority for contingency operations and authorizes a specified amount for cyber security.
(Sec. 803) Requires the Undersecretary of Defense for Acquisition, Technology and Logistics to issue guidance for an expedited and streamlined ''middle tier'' of acquisition programs that are intended to be completed within five years.
Requires the guidance to include two acquisition pathways: (1) a rapid prototyping pathway that can demonstrate new capabilities to meet emerging military needs which could result in a residual operational capability, and (2) a rapid fielding pathway for proven technologies to field production quantities of new or upgraded systems with minimal development required.
Authorizes the use of expedited and streamlined procedures for both of these pathways and establishes a Rapid Prototyping Fund to provide additional funds for each rapid prototyping pathway program.
(Sec. 804) Amends the National Defense Authorization Act for Fiscal Year 1994 to make permanent the transaction authority for the Defense Advanced Research Projects Agency to carry out certain prototype projects that are directly relevant to enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, or materials proposed to be acquired or developed by DOD, or to improvement of platforms, systems, components, or materials in use by the Armed Forces.
Sets forth policies regarding the qualification of contractors as nontraditional contractors, permissible uses of the authority, and the participation of small businesses without a cost-share requirement.
(Sec. 805) Requires DOD to establish and report to Congress on procedures and guidelines for alternative acquisition pathways to acquire capital assets and services that meet critical national security needs.
(Sec. 806) Permits DOD to waive acquisition laws or regulations to acquire a capability that is in the vital interest of the United States and is not otherwise available to the Armed Forces. Requires DOD to notify Congress before using this authority and designate a senior official to be responsible and accountable for the rapid and effective acquisition and deployment of the needed capability.
(Sec. 807) Authorizes limited acquisition authority for non-major systems for the Commander of U.S. Cyber Command.
(Sec. 808) Requires DOD to establish, under the sponsorship of the Defense Acquisition University and the National Defense University, an advisory panel on streamlining acquisition regulations.
(Sec. 809) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to review the time-based requirements process and budgeting and acquisition systems.
(Sec. 810) Sets forth DOD responsibilities for improving program and project management and requires DOD to develop department-wide standards, policies and guidelines for program and project management.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
(Sec. 821) Requires the Defense Federal Acquisition Regulation Supplement to be revised to establish a preference for fixed-price contracts, including fixed-price incentive contracts, in the determination of contract type for development programs.
(Sec. 822) Limits the applicability of requirements under the Truth in Negotiations Act to submit certified cost and pricing data if the data relates to an offset agreement in connection with a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm.
(Sec. 823) Amends the Truth in Negotiations Act to raise the threshold for the requirement to provide certified cost or pricing data in non-price competitive procurements on non-commercial items. Requires DOD to establish a risk-based contracting approach, under which certified cost or pricing data would be required for a risk-based sample of contracts for non-price competitive procurements valued at less than the new threshold but more than the current threshold.
(Sec. 824) Prohibits the use of reverse auctions and lowest priced technically acceptable (LPTA) contracting methods for the procurement of personal protective equipment where the level of quality needed or the failure of the item could result in combat casualties. Establishes a preference for best value contracting methods when procuring this equipment.
(Sec. 825) Sets forth procedures for the validation of rights in technical data for sub-systems and components of major weapon systems and establishes a government-industry advisory panel on rights in technical data.
(Sec. 826) Revises experimental acquisition authority to apply the authority to transportation, energy, medical, and space flight supplies.
(Sec. 827) Extends the authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
(Sec. 828) Requires DOD to report to Congress regarding the failure of contractors to meet goals under negotiated comprehensive small business subcontracting plans.
(Sec. 829) Ensures that non-profit organizations can compete for contracts for religious related services on a U.S. military installation.
(Sec. 830) Provides that DOD contracts for purchases of products by other federal agencies or state or local governments where DOD serves as an intermediary for the General Services Administration are not subject to specified contracting requirements.
(Sec. 831) Establishes a pilot program for streamlining awards of certain contracts to a small business or non-traditional defense contractor pursuant to: (1) a technical merit based selection procedure; or (2) the Small Business Innovation Research Program. Establishes exceptions to requirements for certified cost and pricing data and records examination for these contracts.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
(Sec. 841) Requires the development of an acquisition strategy for each DOD major defense acquisition program.
(Sec. 842) Requires DOD to ensure that the acquisition strategy developed for each major defense acquisition program includes: (1) a comprehensive approach to continuously identifying and addressing risk, and (2) documentation of the major sources of risk identified and the approach to retiring that risk.
(Sec. 843) Designates the service acquisition executives as the milestone decision authority for major acquisition programs managed by the military services. Permits DOD to designate an alternative milestone decision authority for joint programs.
(Sec. 844) Requires the DOD official serving as the milestone decision authority to ensure that, before granting a milestone A (initiates technology maturation and risk reduction) approval, an acquisition program has demonstrated sufficient knowledge to enter into a risk reduction phase following Milestone A and has sound plans to progress to the development phase.
(Sec. 845) Amends the requirements for Milestone B (initiates engineering and manufacturing development) approval of major defense acquisition programs. Retains the requirements to make key findings related to program risk, but requires the milestone decision authority to make a determination that appropriate steps have been taken to address the risks, rather than making certifications required under current law. Continues the requirement for certification of the maturity of key technologies.
(Sec. 846) Requires DOD to revise guidance for defense acquisition programs to address the tenure and accountability of program managers for the program development period of defense acquisition programs.
(Sec. 847) Addresses the tenure and accountability of program managers for the program execution period of defense acquisition programs. Requires each program manager to enter into a performance agreement with the milestone decision authority. Requires program managers to be: (1) given authority comparable to the authority given to private sector program managers and, (2) assigned to a program until the delivery of the first production units.
(Sec. 848) Eliminates the requirement for a stand-alone manpower estimate for major defense acquisition programs.
(Sec. 849) Requires each military department to pay an annual penalty in the amount of 3% of the cumulative cost overrun on all of its major defense acquisition programs.
(Sec. 850) Modifies reporting requirements applicable to the Assistant Secretary of Defense for Research and Engineering regarding major defense acquisition programs.
(Sec. 851) Requires each Configuration Steering Board to track any changes in program requirements for a major defense acquisition program and requires the changes to be approved by the service chief.
Subtitle D--Provisions Relating to Commercial Items
(Sec. 861) Requires the establishment of a list in the Defense Federal Acquisition Regulation Supplement of defense-unique provisions of law that are inapplicable to contracts for commercial items.
(Sec. 862) Requires DOD to issue guidance and conduct reviews to ensure that defense acquisition officials and specified documents fully comply with requirements regarding market research and the preference for commercial items.
(Sec. 863) Requires DOD to address the validity of commercial item determinations for multiple item procurements by presuming that a previous determination is valid, unless the determination was made in error or based on inadequate information.
(Sec. 864) Modifies procedures regarding the purchase of commercial items as major weapons systems.
(Sec. 865) Limits the conversion of the procurement of a commercial item or service to a non-commercial acquisition procedure unless DOD certifies to Congress that it will realize a significant cost savings compared to the cost of procuring a similar quantity using commercial acquisition procedures.
(Sec. 866) Authorizes DOD to treat goods and services provided by a non-traditional contractor as a commercial item.
Subtitle E--Other Matters
(Sec. 871) Sets forth the lines of responsibility and oversight roles for the acquisition of defense business systems. Requires DOD to issue guidance to coordinate decision making, planning, programming, and control of investments in defense business systems.
(Sec. 872) Extends the Defense Acquisition Workforce Development Fund and modifies the requirement of the biennial strategic workforce plan to assess any new or expanded critical skills or competencies needed by the acquisition workforce.
(Sec. 873) Requires the Deputy Chief Management Officer; the Chief Information Officer (CIO); and the Under Secretary of Defense for Acquisition, Technology, and Logistics to jointly conduct a business case analysis to determine the most effective and efficient way to acquire common services across DOD networks. Requires DOD to establish a governance mechanism and process to ensure essential interoperability across DOD networks.
(Sec. 874) Requires the CIO to: (1) develop a cloud strategy for the Secret Internet Protocol Network (SIPRNet); (2) develop a consistent pricing and cost recovery process for the use by DOD components of the Intelligence Community's cloud services; and (3) assess the feasibility and advisability of imposing a minimum set of open standards for cloud infrastructure, middle-ware, metadata, and application programming interfaces to promote interoperability, information sharing, access to data, and competition.
(Sec. 875) Modifies requirements for a major automated information system program that fails to achieve a full deployment decision within five years after the initiation of the program. Requires DOD to submit a written determination justifying the need for a longer time period.
(Sec. 876) Expands the pilot program on the acquisition of military purpose non-developmental items to include additional classes of contractors and apply the standards of the Competition in Contracting Act of 1984 to the contracts.
(Sec. 877) Extends the DOD Mentor-Protege Pilot Program, which provides incentives for major DOD contractors to furnish disadvantaged small business concerns with assistance to enhance capabilities to perform under DOD contracts.
(Sec. 878) Authorizes the Defense Contract Audit Agency (DCAA) to provide outside audit support to non-defense agencies only if DOD certifies that the backlog for incurred cost audits is less than 12 months of incurred cost inventory. Requires DOD to: (1) use up to 5% of the auditing staff of the Office of the Inspector General and the service audit agencies, augmented by private audit firms if necessary, to help address DCAA's audit backlog, and (2) review the oversight and audit structure of DOD.
(Sec. 879) Requires DOD to conduct and report to Congress on a survey of the top ten contractors with the highest level of reimbursements for cost type contracts with DOD during FY2014 to estimate industry's cost of regulatory compliance.
(Sec. 880) Requires GAO to report on the prevalence and impact of bid protests on DOD acquisitions over the previous 10 years.
(Sec. 881) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to issue guidance on steps that should be taken to identify and address the potentially unfair competitive advantage of certain entities providing technical advice to acquisition officials in the award of research and development work by the officials.
(Sec. 882) Authorizes the inclusion of qualified disaster areas in the Historically Underutilized Business Zone program administered by the Small Business Administration (SBA).
(Sec. 883) Authorizes the inclusion of base closure areas in the Historically Underutilized Business Zone program administered by the SBA.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
(Sec. 901) Revises the functions of the Chairman of the Joint Chiefs of Staff to include additional joint force integration functions currently overseen by the Chairman, as a result of the disestablishment of U.S. Joint Forces Command and the deletion of that command from the Unified Command Plan.
(Sec. 902) Reorganizes and redesignates the Office of Community Support for Military Families with Special Needs and the Office of Family Policy/Children and Youth into the Office of Military Family Readiness Policy.
(Sec. 903) Eliminates a requirement for the Navy to make funds available annually to support the Ocean Research Advisory Panel.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
(Sec. 1001) Permits DOD to make transfers between amounts authorized for FY2016 in division A of this bill, subject to specified limitations and a congressional notification requirement.
(Sec. 1002) Requires the DOD Inspector General to fulfill its statutory audit responsibilities to perform financial statement audits for the military departments and other designated DOD components by contracting with independent external auditors.
(Sec. 1003) Provides that if an Act is enacted at a later date that revises the defense and non-defense discretionary spending limits in proportionally equal amounts, the amounts authorized in title XV above $50.9 billion and equal to the amount of the increase to the defense discretionary cap for FY2016 will be deemed to be authorized in title III.
(Sec. 1004) Expresses the sense of the Senate on the negative impact that the statutory budget caps on discretionary spending are having on DOD and U.S. national security, as well as the need for legislation to adjust the caps.
Subtitle B--Counter-Drug Activities
(Sec. 1011) Extends the authority of DOD to provide assistance to support the unified counterdrug and counterterrorism campaign of the government of Colombia.
(Sec. 1012) Extends the authority of DOD to provide additional support for counter-drug activities of certain foreign governments and adds Kenya, Tanzania, and Somalia to the countries eligible to receive assistance.
Subtitle C--Naval Vessels and Shipyards
(Sec. 1021) Directs DOD to commission and submit to Congress three studies to recommend potential future fleet architectures.
(Sec. 1022) Permits unobligated funds from any DOD appropriation to be transferred to the National Sea-Based Deterrence Fund, subject to the existing $3.5 billion limit.
(Sec. 1023) Extends the authority for reimbursement of expenses for certain Navy mess operations afloat.
Subtitle D--Counterterrorism
(Sec. 1031) Prohibits the use of funds to construct or modify facilities in the United States to house detainees transferred from the U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) unless Congress approves a plan submitted by DOD for the disposition of all detainees.
(Sec. 1032) Limits the transfer of Guantanamo detainees to the United States. Permits transfers for detention, trial, or incarceration if: (1) DOD determines that the transfer is in the national security interest of the United States, (2) appropriate actions have been taken to address any risk to public safety, (3) Congress has been notified, and (4) DOD has submitted a report detailing a plan for all individuals held at Guantanamo and Congress approves the plan. Provides expedited procedures for congressional consideration of the plan.
(Sec. 1033) Prohibits DOD from using funds to transfer or release any individual detained at Guantanamo to the individual's country of origin or any other foreign country or entity, unless DOD provides a certification to Congress addressing specified requirements.
Prohibits DOD from using funds to transfer an individual to a country if there is a confirmed case of any individual transferred from Guantanamo to the same country or entity engaging in terrorist activity after the transfer.
Permits DOD to waive certification requirements for national security, subject to reporting requirements and exceptions.
(Sec. 1034) Permits DOD to temporarily transfer individuals detained at Guantanamo to a DOD medical facility in the United States for providing medical treatment if specified conditions are met.
(Sec. 1035) Prohibits DOD from using funds for the transfer or release of any individual detained at Guantanamo to Yemen or any entity within Yemen.
(Sec. 1036) Requires DOD to provide an unclassified report to Congress listing individuals detained at Guantanamo who have been assessed by the Joint Task Force Guantanamo to be a high or medium risk to the United States, its interests, or allies.
(Sec.