Public Law 114–92: To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

replacing

An updated schedule and display of programmed A/MH–6 Block 3.0 modernization and upgrades, showing usable life of the fleet, and the anticipated service life extensions of all A/MH–6 platforms.

A description of current and anticipated rotary-wing, light attack, reconnaissance requirements and platforms particular to special operations, including key performance parameters of anticipated platforms.

The feasibility of service-common platforms satisfying future rotary-wing, light attack, reconnaissance requirements particular to special operations.

The feasibility of commercially available platforms satisfying future rotary-wing, light attack, reconnaissance requirements particular to special operations.

The anticipated funding requirements for the special operation forces major force program for the development and procurement of an A/MH–6 replacement platform if the service-common platforms described in paragraph (3) are not available or if commercially available platforms described in paragraph (4) are leveraged.

A description of efforts as of the date of the roadmap to coordinate with the military departments on a service-common platform to satisfy replacement platform requirements.

Any other matters the Secretary considers appropriate.

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by the heading and the following new heading: “Requirements for CVN–78 Class Aircraft Carriers”; and

in paragraph (1), by the heading and the following new heading: “CVN–79 quarterly cost estimate”.

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The Secretary of the Navy may procure one Arleigh Burke class destroyer, in addition to any other procurement of such ships otherwise authorized by law, to be procured either—

The Secretary may employ incremental funding for the procurement authorized under paragraph (1).

Except as provided by paragraph (2), not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a certification that the Navy will conduct full ship shock trials on the U.S.S. Gerald R. Ford (CVN–78) prior to the first deployment of such ship.

The Secretary of Defense may waive the certification required under paragraph (1) if the Secretary submits to the congressional defense committees a notification of such waiver, including—

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that evaluates cost issues related to the U.S.S. John F. Kennedy (CVN–79) and the U.S.S. Enterprise (CVN–80).

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

Not later than April 1, 2016, the Secretary of the Navy shall submit to the congressional defense committees a report on potential requirements, capabilities, and alternatives for the future development of aircraft carriers that would replace or supplement the CVN–78 class aircraft carrier.

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

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that 129 STAT. 753 details the costs of the plans related to the U.S.S. Enterprise (CVN–80).

The report under paragraph (1) shall include the following elements, reported by total cost and cost by fiscal year, with a detailed description and a justification for why each cost is recurring and attributable to the U.S.S. Enterprise (CVN–80):

A description of capabilities that the Littoral Combat Ship program delivers, and a description of how these relate to the characteristics of the future joint force identified in the Capstone Concept for Joint Operations, concept of operations, and integrated architecture documents.

A summary of analyses and studies conducted on Littoral Combat Ship modernization.

A concept of operations for Littoral Combat Ship at the operational level and tactical level describing how they integrate and synchronize with joint and combined forces to achieve the Joint Force Commander’s intent.

A description of threat systems of potential adversaries that are projected or assessed to reach initial operational capability within 15 years against which the lethality and survivability of the Littoral Combat Ship should be determined.

A plan and timeline for Littoral Combat Ship modernization program execution.129 STAT. 754

A description of system capabilities required for Littoral Combat Ship modernization, including key performance parameters and key system attributes.

A plan for family of systems or systems of systems synchronization.

A plan for information technology and national security systems supportability.

A plan for intelligence supportability.

A plan for electromagnetic environmental effects and spectrum supportability.

A description of assets required to achieve initial operational capability of a Littoral Combat Ship modernization increment.

A schedule and initial operational capability and full operational capability definitions.

A description of doctrine, organization, training, materiel, leadership, education, personnel, facilities, and policy considerations.

A description of other system attributes.

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Except as provided by section 141, and in addition to the limitation in subsection (a), during the period before December 31, 2016, the Secretary of the Air Force may not retire, prepare to retire, or place in storage or on backup flying status any A–10 aircraft.

The Secretary of the Air Force shall ensure the Air Force maintains a minimum of 171 A–10 aircraft designated as primary mission aircraft inventory.

(B)

Elements.—

If any information required under paragraph (1) has been included in another report or notification previously submitted to the congressional defense committees by law, the Secretary of the Air Force may provide a list of such reports and notifications at the time of submitting the report required under paragraph (2) instead of including such information in such report.

The rationale for the retirement of existing EC–130H Compass Call aircraft, including an operational analysis of the impact of such retirements on the warfighting requirements of the combatant commanders.

Future needs analysis for the current EC–130H Compass Call aircraft electronic warfare mission set to include suppression of sophisticated enemy air defense systems, advanced radar jamming, avoiding radar detection, communications, sensing, satellite navigation, command and control, and battlefield awareness.

A review of operating concepts for airborne electronic attack.

An assessment of upgrades to the electronic warfare systems of EC–130H Compass Call aircraft, the costs of such upgrades, and expected upgrades through 2025, and the expected service life of EC–130H Compass Call aircraft.

A review of the global proliferation of more sophisticated air defenses and advanced commercial digital electronic devices which counter the airborne electronic attack capabilities of the United States by state and non-state actors.

An assessment of the ability of the current EC–130H Compass Call fleet to meet tasking requirements of the combatant commanders.129 STAT. 758

A plan for how the Air Force will recapitalize the capability requirement of the EC–130H Compass Call mission in the future, whether through a replacement program or by integrating such capabilities onto an existing platform.

If the plan under paragraph (7) includes integrating such capabilities onto an existing platform, an analysis that verifies that such platform has the space, weight, cooling, and power necessary to support the integration of the EC–130H Compass Call capability.

Such other matters relating to the required mission capabilities and transition of the EC–130H Compass Call fleet as the Secretary considers appropriate.

covered aircraft

Joint Surveillance Target Attack Radar System aircraft.

EC–130H Compass Call aircraft.

Airborne Warning and Control System aircraft.

cause such aircraft to exceed any weight limitation; or

reduce the operational capability of such aircraft.

determines that such waiver is necessary for the national security interests of the United States; and

notifies the congressional defense committees of such waiver.129 STAT. 760

The term “” means B–1, B–2, and B–52 bomber aircraft.

The term “” has the meaning given that term in section 231(f) of title 10, United States Code.

If the Secretary proposes to retire fighter aircraft in a fiscal year, the Secretary shall include in the materials submitted in support of the budget of the President for that fiscal year (as submitted to Congress under section 1105(a) of title 31, United States Code) a report setting forth the following:

Paragraph (1) shall not apply to individual fighter aircraft that the Secretary determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

The term “” means an aircraft that is designated by a basic mission design series of A–10, F–15, F–16, F–22, or F–35.

The term “” means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.

are capable of hosting fighter-based bilateral and multilateral training opportunities with international partners;

have sufficient airspace and range capabilities and capacity to meet the training requirements;

have existing facilities to support personnel, operations, and logistics associated with the flying mission;

have limited encroachment that would adversely impact training or operations; and

minimize the overall construction and operational costs.

Pistols.

Carbines.

Rifles and automatic rifles.

Light machine guns.

Such other small arms as the Secretaries consider appropriate for purposes of the report required by subsection (a).

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the use of different types of enhanced 5.56mm ammunition by the Army and the Marine Corps.

Not later than 90 days after the date on which the contract is entered into under paragraph (1), the federally funded research and development center conducting the study under such paragraph shall submit to the Secretary the study, including any findings and recommendations of the federally funded research and development center.

Not later than 30 days after the date on which the Secretary receives the study under subsection (a)(2), the Secretary shall submit to the congressional defense committees a report on the study.

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

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by paragraphs (4) through (6) as paragraphs (5) through (7), respectively;

by after paragraph (3) the following new paragraph (4):; and

in paragraphs (5) and (6), as redesignated by subparagraph (A), by “research projects” both places it appears and “projects, including research and technology transfer or transition projects”.

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by subsection (a) and the following new subsection:;

in subsection (b)—

in the section heading, by “and technology domain awareness” after “activities”.129 STAT. 769

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in subsection (d), by “2015” and “2023”; and

in subsection (g), by “September 30, 2015” and “September 30, 2023”.

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by paragraph (1) to read as follows:;

in paragraph (3), by the second sentence;

in paragraph (4)—

by at the end, the following new paragraphs:.

by subsection (f); and

by subsection (g) as subsection (f).129 STAT. 770

The set of activities established under subsection (a) may include the following:

The Secretary shall identify the current activities described in subparagraphs (A) and (B) of paragraph (1) that are being carried out as of the date of the enactment of this Act. The Secretary shall consider such current activities in determining the set of activities to establish pursuant to subsection (a).

the set of activities to establish pursuant to subsection (a) that carry out the purposes specified in subsection (c)(1); and

the proposed funding requirements and timelines.

In carrying out the set of activities required by subsection (a), the Secretary may award grants or contracts to eligible entities to carry out intramural or extramural research and development in areas of interest described in paragraph (3).

For purposes of this subsection, an eligible entity includes the following:

The areas of interest described in this paragraph are the following:

In carrying out the set of activities required by subsection (a), the Secretary shall give priority to—

(A)

The projects and programs identified in this paragraph are the following:

The Secretary of Defense shall establish a technology offset program to build and maintain the military technological superiority of the United States by—

Not later than one year after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the program established under paragraph (1), including—

Under the program established under subsection (a)(1), not less frequently than annually, the Secretary shall solicit from the heads of the military departments, the Defense Agencies, and the combatant commands applications for funding to be used to enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 2371b of title 10, United States Code, as added by section 815, with appropriate entities for the fielding or commercialization of technologies.

Nothing in this section shall be interpreted to require any official of the Department of Defense to provide funding under this section to any Congressional earmark as defined pursuant to clause 9 of rule XXI of the Rules of the House 129 STAT. 773 of Representatives or any congressionally directed spending item as defined pursuant to paragraph 5 of rule XLIV of the Standing Rules of the Senate.

Subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for research, development, test, and evaluation, Defense-wide, not more than $300,000,000 may be used for each such fiscal year for the program established under subsection (a)(1).

Of the funds specified in paragraph (1) for any of fiscal years 2016 through 2020, not more than $150,000,000 may be used for each such fiscal year for activities in the field of directed energy.

The Secretary may transfer funds available for the program established under subsection (a)(1) to the research, development, test, and evaluation accounts of a military department, Defense Agency, or a combatant command pursuant to an application, or any part of an application, that the Secretary determines would support the purposes of the program.

The transfer authority provided in paragraph (1) is in addition to any other transfer authority available to the Secretary of Defense.

The authority to carry out the program under subsection (a)(1) shall terminate on September 30, 2020.

Any amounts made available for the program that remain available for obligation on the date on which the program terminates may be transferred under subsection (d) during the 180-day period beginning on the date of the termination of the program.

A comparison of the requirements between the F/A–18 and F–15 aircraft infrared search and track development efforts of the Navy and the Air Force.

An explanation of any differences between the F/A–18 and F–15 aircraft infrared search and track capability development efforts of the Navy and the Air Force.129 STAT. 774

A summary of the schedules and required funding to develop and field such capability.

An explanation of any need for the Navy and the Air Force to field different F/A–18 and F–15 aircraft infrared search and track systems.

Any other matters the Secretary determines appropriate.

the Under Secretary of Defense for Acquisition, Technology, and Logistics designates a civilian official to be responsible for oversight of and assistance to the United States Special Operations Command for all undersea mobility programs; and

the Under Secretary, in coordination with the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command, submits to the congressional defense committees the report described in subsection (b).

An analysis of the reasons for cost and schedule overruns associated with the program, including with respect to the performance of contractors and subcontractors.

A revised timeline for initial and full operational capability of the shallow water combat submersible.

A description of the challenges associated with the integration with dry deck shelter and other diving technologies.

The projected cost to meet the total unit acquisition objective.

A plan to prevent, identify, and mitigate any additional cost and schedule overruns.

A description of any opportunities to recover cost or schedule overruns.

A description of any lessons that the Under Secretary may have learned from the shallow water combat submersible program that could be applied to future undersea mobility acquisition programs.

Any other matters that the Under Secretary considers appropriate.

An overall description of the advanced development and manufacturing facility, including validated Department of Defense requirements.

Program goals, proposed metrics of performance, and anticipated procurement and operations and maintenance costs during the period covered by the current future years defense program under section 221 of title 10, United States Code.

The results of any analysis of alternatives and efficiency reviews conducted by the Secretary that justifies the manufacturing and privately financed construction of an advanced manufacturing and development facility rather than using other programs and facilities of the Federal Government or industry facilities for advanced development and manufacturing of medical countermeasures.

An independent cost-benefit analysis that justifies the manufacturing and privately financed construction of an advanced manufacturing and development facility described in paragraph (3).

If no independent cost-benefit analysis makes the justification described in paragraph (4), an explanation for why such manufacturing and privately financed construction cannot be so justified.

Any other matters the Secretary of Defense determines appropriate.

conducts a review of the program planning for the distributed common ground system of the Army; and

submits to the appropriate congressional committees the report required by subsection (b)(1).

The Secretary shall submit to the appropriate congressional committees a report on the review of the distributed common ground system of the Army conducted under subsection (a)(1).

The report under paragraph (1) shall include the following:129 STAT. 776

appropriate congressional committees

the congressional defense committees; and

the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

A review of the segmentation of the distributed common ground system special operations forces program into discrete software components with the associated requirements of each component.

Identification of each component of the distributed common ground system special operations forces program for which commercial software exists that is capable of fulfilling most or all of the system requirements for each such component.

A cost analysis of each such commercial software that compares performance with projected cost.

A determination of the degree to which commercial software solutions are compliant with the standards required by the framework and guidance for the Intelligence Community Information Technology Enterprise, the Defense Intelligence Information Enterprise, and the Joint Information Environment.

Identification of each component of the distributed common ground system special operations forces program that the Commander determines may be acquired through competitive means.

An assessment of the extent to which elements of the distributed common ground system special operations forces program could be modified to increase commercial acquisition opportunities.

An acquisition plan that leads to full operational capability prior to fiscal year 2019.

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If the demonstration under subsection (a) is conducted, the Secretary of the Air Force shall select and equip at least two aircraft for use in the demonstration that the Secretary otherwise intends to use for close air support.

If the demonstration under subsection (a) is conducted, the demonstration shall include close air support operations that involve the following:

assess the effect of the capabilities demonstrated as part of the demonstration required by subsection (a) on—

estimate the costs that would be incurred in transitioning the technology used in the persistent close air support capability to the Army and the Air Force; and129 STAT. 779

provide to the congressional defense committees a briefing on the results of the demonstration, the assessment under paragraph (1), and the cost estimates under paragraph (2) by December 1, 2016.

The heads of each basic research entity shall each develop a strategy for how to engage with and support the development of scientific, technical, engineering, and mathematics capabilities of covered educational institutions in carrying out section 2362 of title 10, United States Code.

Each strategy under paragraph (1) shall include the following:

Not later than 180 days after the date of the enactment of this Act, the heads of each basic research entity shall each submit to the congressional defense committees the strategy developed by the head under subsection (a)(1).

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the strategy developed under subsection (b).

The term “” means an entity of the Department of Defense that executes research, development, test, and evaluation budget activity 1 funding, as 129 STAT. 780 described in the Department of Defense Financial Management Regulation.

The term “” has the meaning given that term in section 2362(e) of title 10, United States Code.

specific details regarding the capabilities of current and commercial-off-the-shelf wide-area surveillance sensors that are, or could be, used on tactical unmanned aerial systems of the Army, including—

an assessment of the effect on such tactical unmanned aerial systems due to the insertion of commercial-off-the-shelf wide-area surveillance sensors; and

recommendations on the advisability and feasibility to upgrade or enhance wide-area surveillance sensors of such tactical unmanned aerial systems, as considered appropriate by the Secretary.

An explanation of the rationale for a new start TCTS II program as compared to an incremental upgrade to the existing TCTS system.129 STAT. 781

An estimate of total cost to develop, procure, and replace the existing Department of the Navy TCTS architecture with an encrypted TCTS II compared to upgrades to existing TCTS.

A cost estimate and schedule comparison of achieving encryption requirements into the existing TCTS program as compared to TCTS II.

A review of joint Department of the Air Force and the Department of the Navy investment in live-virtual-constructive advanced air combat training and planned timeline for inclusion into TCTS II architecture.

A cost estimate to integrate F–35 aircraft with TCTS II and achieve interoperability between the Department of the Navy and Department of the Air Force.

A cost estimate for coalition partners to achieve TCTS II interoperability within the Department of Defense.

An assessment of risks posed by non-interoperable TCTS systems within the Department of the Navy and the Department of the Air Force.

An explanation of the acquisition strategy for the TCTS program.

An explanation of key performance parameters for the TCTS II program.

Any other information the Secretary of the Navy and Secretary of the Air Force determine is appropriate to include.

Concepts, capabilities, and capacities of current or future communications and data network systems to meet the requirements of current or future tactical operations effectively, efficiently, and affordably.

Software requirements and capabilities, particularly with respect to communications and data network waveforms.129 STAT. 782

Hardware requirements and capabilities, particularly with respect to receiver and transmission technology, tactical communications, and data radios at all levels and on all platforms, all associated technologies, and their integration, compatibility, and interoperability.

Any other matters relevant or necessary for a comprehensive assessment of tactical networks or networking in the Warfighter Information Network-Tactical (Increments 1 and 2).

The technical analysis conducted under paragraph (1) of subsection (c).

The report on the technical assessment submitted under paragraph (3)(B) of subsection (c).

Recommendations for such legislative and administrative action, including budget requirements, as the Secretary considers necessary to conduct sampling and technical hardware analyses of counterfeit parts in identified areas of high concern.

The Secretary shall direct the executive agent for printed circuit board technology designated under section 256(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2501 note) to coordinate the execution of the study under subsection (a) using capabilities of the Department in effect on the day before the date of the enactment of this Act to conduct a technical analysis on a sample of failed electronic parts in fielded systems.

The technical analysis required by paragraph (1) shall include the following:

For any parts assessed under paragraph (2) that demonstrate unusual or suspicious failure mechanisms, the federation established under section 937(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) shall—

Not later than 540 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study carried out under subsection (a).

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

to provide objective survivable communications gateways to enable—

to provide secure data sharing between the fifth-generation fighter aircraft of the Navy, the Air Force, and the Marine Corps, with minimal changes to the outer surfaces of the aircraft and to aircraft operational flight programs; and

to enable secure data sharing between fifth-generation and fourth-generation aircraft in jamming environments.

Identification of specific exercises to be carried out individually or jointly by the military departments under the plan.

Identification of emerging advanced weapons and offset technologies based on joint and individual recommendations of the military departments, including with respect to directed-energy weapons, hypersonic strike systems, autonomous systems, or other technologies as determined by the Secretary.

A schedule for integrating either prototype capabilities or table-top exercises into relevant exercises.

A method for capturing lessons learned and providing feedback both to the developers of the advanced weapons and offset technology and the military departments.

An assessment of the reliability, growth, and cost-reduction efforts with respect to the F135 engine program, including—

In accordance with subsection (c), a thorough assessment of the incident on June 23, 2014, consisting of an F135 engine failure and subsequent fire, including—

The fielding status, in terms of units equipped with various software and hardware configurations, for the autonomic logistics information system element of the F–35 Lightning II aircraft program, as of the date of the report.

The development schedule for upgrades to the autonomic logistics information system, and an assessment of the ability of the F–35 Lightning II aircraft program to maintain such schedule.

The views of maintenance personnel and other personnel involved in operating and maintaining F–35 Lightning II aircraft in testing and operational units.

The effect of the autonomic logistics information system program on the operational availability of the F–35 Lightning II aircraft program.

Improvements, if any, regarding the time required for maintenance personnel to input data and use the autonomic logistics information system.

The ability of the autonomic logistics information system to be deployed on both ships and to forward land-based locations, including any limitations of such a deployable version.

The cost estimates for development and fielding of the autonomic logistics information system program and an assessment of the capability of the program to address performance problems within the planned resources.

Other matters regarding the autonomic logistics information system that the Comptroller General determines of critical importance to the long-term viability of the system.

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in subsection (c)(3), by “from State and local officials or the developer of a renewable energy development or other energy project” and “from a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project”;

in subsection (c)(4), by “readiness, and” and all that follows and “readiness and to clearly communicate to such parties actions being taken by the Department of Defense under this section.”;

in subsection (d)(2)(B), by “as high, medium, or low”;

by subsection (j) as subsection (k); and

by after subsection (i) the following new subsection (j):.

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using procedures other than competitive procedures; and

for the procurement of equipment, weapons, weapons systems, components, subcomponents, or end-items with a value of $10,000,000 or more.

An identification of the items purchased under the contract—

The rationale for using the exception or waiver.

A list of potential alternative manufacturing sources from the public and private sector that could be developed to establish competition for those items.

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by paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

by “(1)” before “If the Secretary”;129 STAT. 794

in paragraph (1), as designated by paragraph (2) of this subsection—

by at the end the following new paragraph (2):.

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

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

Backlogs of unprocessed property at disposition sites that do not meet Defense Logistics Agency Disposition Services goals.

Customer wait times.

Procedures governing the disposal of serviceable items in order to prevent the destruction of excess property eligible for utilization, transfer, or donation before potential recipients are able to view and obtain the property.

Validation of materiel release orders.

Assuring adequate physical security for the storage of equipment.

The number of personnel required to effectively manage retrograde sort yards.

Managing any potential increase in the amount of excess property to be processed.

Improving the reliability of Defense Logistics Agency Disposition Services data.

Procedures for ensuring no property is offered for public sale until all requirements for utilization, transfer, and donation are met.

Validation of physical inventory against database entries.

whether such sponsorships, advertising, and marketing are effective in meeting the recruiting objectives of the Department;

whether consistent metrics are used to evaluate the effectiveness of each such activity in generating leads and recruit accessions; and

whether the return on investment for such activities is sufficient to warrant the continuing use of Department funds for such activities; and

a description of the actions being taken to coordinate efforts of the Department relating to such sponsorships, advertising, and marketing, and to minimize duplicative contracts for such sponsorships, advertising, and marketing, as applicable; and

the results of the review required by paragraph (1), including an assessment of the extent to which the continuing use of Department funds for such sponsorships, advertising, and marketing is warranted in light of the review and the actions described pursuant to subparagraph (A).

Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall implement a plan to ensure that the Department of Defense achieves not less than $10,000,000,000 in cost savings from the headquarters, administrative, and support activities of the Department during the period beginning with fiscal year 2015 and ending with fiscal year 2019. The Secretary shall ensure that at least one half of the required cost savings are programmed for fiscal years before fiscal year 2018.

Documented savings achieved pursuant to the headquarters reduction requirement in subsection (b), other than savings achieved in fiscal year 2020, shall count toward the cost savings required by paragraph (1).

Documented savings in the human resources management, health care management, financial flow management, information technology infrastructure and management, supply chain and logistics, acquisition and procurement, and real property management activities of the Department during the period referred to in paragraph (1) may be counted toward the cost savings required by paragraph (1).

Savings or reductions to military force structure or military operating units of the Armed Forces may not count toward the cost savings required by paragraph (1).

The Secretary shall include with the budget for the Department of Defense for each of fiscal years 2017, 2018, and 2019, as submitted to Congress pursuant to section 1105 of title 31, United States Code, a report describing and assessing the progress of the Department in implementing the plan required by paragraph (1) and in achieving the cost savings required by that paragraph.

Not later than 90 days after the submittal of each report required by paragraph (5), the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the report and of the extent to which the Department of Defense is in compliance with the requirements of this section.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall modify the headquarters reduction plan required by section 904 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 816; 10 U.S.C. 111 note) to ensure that it achieves savings in the total funding available for major Department of Defense headquarters activities by fiscal year 2020 that are not less than 25 percent of the baseline amount. The modified plan shall establish a specific savings objective for each major headquarters activity in each fiscal year through fiscal year 2020. The budget for the Department of Defense for each fiscal year after fiscal year 2016 shall reflect the savings required by the modified plan.

For the purposes of this subsection, the baseline amount is the amount authorized to be appropriated by this Act for fiscal year 2016 for major Department of Defense headquarters activities, adjusted by a credit for reductions in such headquarters activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in earlier fiscal years in accordance with the December 2013 directive of the Secretary of Defense on headquarters reductions. The modified plan issued pursuant to paragraph (1) shall include an overall baseline amount for all of the major Department of Defense headquarters activities that credits reductions accomplished in earlier fiscal years in accordance with the December 2013 directive, and a specific baseline amount for each such headquarters activity that credits such reductions.

In this subsection, the term “” means the following:

(A)

(B)

Not later than 120 days after the date of the enactment of this Act, the Secretary shall revise applicable guidance on the Department of Defense major headquarters activities as needed to—

(B)

The Secretary of Defense shall conduct a comprehensive review of the management and operational headquarters of the Department of Defense for purposes of consolidating and streamlining headquarters functions and administrative and support activities.

The review required by paragraph (1) shall address the following:

(B)

(C)

(F)

(G)

The Secretary shall, to the extent practicable and as the Secretary considers appropriate, conduct the review required by paragraph (1) in consultation with such 129 STAT. 801 experts on matters covered by the review who are independent of the Department of Defense.

Not later than March 1, 2016, the Secretary shall submit to the congressional defense committees a report setting forth the results of the review required by paragraph (1).

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The Army National Guard of the United States, 342,000.

The Army Reserve, 198,000.129 STAT. 802

The Navy Reserve, 57,400.

The Marine Corps Reserve, 38,900.

The Air National Guard of the United States, 105,500.

The Air Force Reserve, 69,200.

The Coast Guard Reserve, 7,000.

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.

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number 129 STAT. 803 of non-dual status technicians employed by the National Guard as of September 30, 2016, may not exceed the following:

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2016, may not exceed 595.

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2016, may not exceed 90.

non-dual status technician

An assessment by the Secretary of Defense of reports by the Secretary of the Army on the force structure of the Army submitted to Congress under section 1066 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1943) and section 1062 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3503).

An evaluation of the adequacy of the Army force structure proposed for the future-years defense program for fiscal 129 STAT. 804 years 2017 through 2021 to meet the goals of the national military strategy of the United States.

An independent risk assessment by the Chairman of the Joint Chiefs of Staff of the proposed Army force structure and the ability of such force structure to meet the operational requirements of combatant commanders.

A description of the planning assumptions and scenarios used by the Department of Defense to validate the size and force structure of the Army, including the Army Reserve and the Army National Guard.

A certification by the Secretary of Defense that the Secretary has reviewed the reports by the Secretary of the Army and the assessments of the Chairman of the Joint Chiefs of Staff and determined that an end strength for active duty personnel of the Army below the end strength level authorized in section 401(1) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3348) will be adequate to meet the national military strategy of the United States.

A description of various alternative options for allocating funds to ensure that the end strengths of the Army do not fall below levels of significant risk, as determined pursuant to the risk assessment conducted by the Chairman of the Joint Chiefs of Staff under paragraph (3).

Such other information or updates as the Secretary of Defense considers appropriate.

striking

inserting

by paragraph (3); and

by paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

is amended

adding

is amended

adding

Section 628(a)(1) of title 10, United States Code, by “or the name of a person that should have been placed on an all-fully-qualified-officers list under section 624(a)(3) of this title was not so placed,”.

Section 14502(a)(1) of title 10, United States Code, by “or whose name was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,”.

is amended

adding

The heading of section 1253 of title 10, United States Code, to read as follows:.

The table of sections at the beginning of chapter 63 of title 10, United States Code, is

10 USC

1251 prec.

amended 129 STAT. 808 by the item relating to section 1253 and the following new item:

For the purpose of providing a consistent approach to estimating and managing the full costs associated with general and flag officers and their aides, the Secretary of Defense shall direct the Director, Cost Assessment and Program Evaluation, to define the costs that could be associated with general and flag officers since 2001, including—

The Director, Cost Assessment and Program Evaluation, shall prepare the definition of costs under paragraph (1) in coordination with the Under Secretary of Defense for Personnel and Readiness and the Secretaries of the military departments.

redesignating

inserting

in the matter preceding subparagraph (A), by “a selection board” and “a mandatory promotion board convened under section 14101(a) of this title”; and

in subparagraphs (A) and (B), by “selection board” and “mandatory promotion board”; and

by “Such board” and “The special selection board”; and

by “selection board” and “mandatory promotion board”.

is amended

striking

inserting

During fiscal year 2016, the Secretary of the Air Force may authorize personnel described in paragraph (2) to provide training and instruction regarding pilot training to the following:

The personnel described in this paragraph are the following:

Not more than 50 members described in paragraph (2) may provide training and instruction under the authority in paragraph (1) at any one time.

Members of the uniformed services described in paragraph (2) who provide training and instruction pursuant to the authority in paragraph (1) shall be covered by the Federal Tort Claims Act for purposes of any claim arising from the employment of such individuals under that authority.

by “or his heir or legal representative” and “(or the claimant’s heir or legal representative) or the Secretary concerned”; and

by “he discovers” and “discovering”; and

striking

inserting

without regard to the lack of specific authority for the recruitment incentive under title 10 or 37, United States Code; and

notwithstanding any provision of such titles, or any rule or regulation prescribed under such provision, relating to methods of providing incentives to individuals to accept appointments or enlistments in the Armed Forces, including the provision of group or individual bonuses, pay, or other incentives.

the Secretary submits to the congressional defense committees a plan regarding provision of the recruitment incentive, which includes—

the expiration of the 30-day period beginning on the date on which the plan was received by Congress.

a description of each incentive provided under subsection (a) during that fiscal year; and

an assessment of the impact of the incentives on the recruitment of individuals for an Armed Force under the jurisdiction of the Secretary.

repealed

repealed

by subsections (d) through (m) as subsections (b) through (k), respectively; and129 STAT. 813

in subsections (b)(1), (d), and (f)(3)(D) (as so redesignated), by “subsection (e)” each place it appears and “subsection (c)”.

is amended

in paragraph (1)—

by paragraph (5).

is amended

inserting

striking

striking

inserting

adding

The United States military includes individuals with a variety of national, ethnic, and cultural backgrounds that have roots all over the world.

In addition to diverse backgrounds, members of the Armed Forces come from numerous religious traditions, including Christian, Hindu, Jewish, Muslim, Sikh, non-denominational, non-practicing, and many more.

Members of the Armed Forces from diverse backgrounds and religious traditions have lost their lives or been injured defending the national security of the United States.

Diversity contributes to the strength of the Armed Forces, and service members from different backgrounds and religious traditions share the same goal of defending the United States.

The unity of the Armed Forces reflects the strength in diversity that makes the United States a great nation.

continue to recognize and promote diversity in the Armed Forces; and

honor those from all diverse backgrounds and religious traditions who have made sacrifices in serving the United States through the Armed Forces.

“(e)

Enforcement by Court of Criminal Appeals.—

redesignating

inserting

is amended

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

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

is amended

by paragraph (3) as paragraph (4); and

by after paragraph (2) the following new paragraph (3):.

is amended

by “(1)” before “An individual”;

by designating existing paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and

by at the end the following new paragraph:.

is amended

adding

is amended

striking

inserting

is amended

adding

is amended

striking

inserting

is amended

adding

Sexual assault prevention and response training to more comprehensively and directly address the incidence of male members of the Armed Forces who are sexually assaulted and how certain behavior and activities, such as hazing, can constitute a sexual assault.129 STAT. 818

Methods to evaluate the extent to which differences exist in the medical and mental health-care needs of male and female sexual assault victims, and the care regimen, if any, that will best meet those needs.

Data-driven decision making to improve male-victim sexual assault prevention and response program efforts.

Goals with associated metrics to drive the changes needed to address sexual assaults of male members of the Armed Forces.

Information about the sexual victimization of males in communications to members that are used to raise awareness of sexual assault and efforts to prevent and respond to it.

Guidance for the department’s medical and mental health providers, and other personnel as appropriate, based on the results of the evaluation described in paragraph (2), that delineates these gender-specific distinctions and the care regimen that is recommended to most effectively meet those needs.

Bystander intervention programs emphasizing the importance of guarding against retaliation.

Department of Defense and military department policies and requirements to ensure protection for victims of alleged sex-related offences and members who intervene on behalf of victims from retaliation.

Additional training for commanders on methods and procedures to combat attitudes and beliefs that result in retaliation.

The term “” has the meaning given that term in section 1044e(g) of title 10, United States Code.

The term “” has such meaning as may be given that term by the Secretary of Defense in the development of the strategy required by subsection (a).

The elements of the case file to be retained must include, at a minimum, the case activity record, case review record, investigative plans, and all case notes made by an investigating agent or agents.

All investigative records must be retained for no less than 50 years.

No element of the case file may be destroyed until the expiration of the time that investigative records must be kept.

Records may be stored digitally or in hard copy, in accordance with existing law or regulations or additionally prescribed policy considered necessary by the Secretary of the military department concerned.

have in place policies and programs to prevent and respond to incidents of sexual assault involving members of the Army National Guard or the Army Reserve, as applicable;

provide medical and mental health care services to members of the Army National Guard or the Army Reserve, as applicable, following a sexual assault; and

have identified whether the nature of service in the Army National Guard or the Army Reserve, as the case may 129 STAT. 820 be, poses challenges to the prevention of or response to sexual assault.

is amended

striking

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) by at the end the following new subsection:.

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) —

(D)

is amended

in subparagraph (1)(B), by “substance abuse and mental health treatment services” and “substance abuse, mental health treatment, and other quality of life services”; and

by at the end the following new paragraph:.

Subsection (g) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) to read as follows:.

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) —

(B)