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the preceding sentence, an activity or function that is per-
formed at such an entity and that is re-engineered, reorga-
nized, modernized, upgraded, expanded, or changed to be-
come more efficient but is still essentially providing the 
same service shall not be considered a new requirement.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2463 the following new 
item: 
‘‘2463a. Assignment of certain new requirements based on determinations of 
cost-efficiency.’’. 
SEC. 322. INCLUSION IN ANNUAL TECHNOLOGY AND INDUS-
TRIAL CAPABILITY ASSESSMENTS OF A DE-
TERMINATION ABOUT DEFENSE ACQUISITION 
PROGRAM REQUIREMENTS. 
Section 2505(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) determine the extent to which the require-
ments associated with defense acquisition programs 
can be satisfied by the present and projected per-
formance capacities of industries supporting the sec-
tors or capabilities in the assessment and evaluate 
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the reasons for any variance from applicable pre-
ceding determinations;’’. 
SEC. 323. AMENDMENT TO LIMITATION ON AUTHORITY TO 
ENTER 
INTO 
A 
CONTRACT 
FOR 
THE 
SUSTAINMENT, MAINTENANCE, REPAIR, OR 
OTHER OVERHAUL OF THE F117 ENGINE. 
Section 341 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3345) 
is amended— 
(1) by striking ‘‘Under Secretary of Defense for 
Acquisition, Technology, and Logistics’’ and all that 
follows through ‘‘is paying’’ and inserting ‘‘Senior 
Acquisition Executive of the Air Force has deter-
mined that the Air Force has obtained sufficient 
data to establish that the Air Force is paying’’; and 
(2) by striking the sentence beginning with 
‘‘The Secretary may waive’’. 
SEC. 324. PILOT PROGRAMS FOR AVAILABILITY OF WORK-
ING-CAPITAL 
FUNDS 
FOR 
PRODUCT 
IM-
PROVEMENTS. 
(a) PILOT PROGRAMS REQUIRED.—During fiscal 
year 2016, each of the Assistant Secretary of the Army 
for Acquisition, Logistics, and Technology, the Assistant 
Secretary of the Navy for Research, Development, and Ac-
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quisition, and the Assistant Secretary of the Air Force for 
Acquisition shall initiate a pilot program pursuant to sec-
tion 330 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68), 
as amended by section 332 of the National Defense Au-
thorization Act for Fiscal Year 2013 (Public Law 112– 
239; 126 Stat. 1697). 
(b) LIMITATION ON AVAILABILITY OF FUNDS.—A 
minimum of $5,000,000 of working-capital funds shall be 
used for each of the pilot programs initiated under sub-
section (a) for fiscal year 2016. 
SEC. 325. REPORT ON EQUIPMENT PURCHASED FROM FOR-
EIGN ENTITIES THAT COULD BE MANUFAC-
TURED IN UNITED STATES ARSENALS OR DE-
POTS. 
(a) REPORT.—Not later than 30 days after the date 
on which the budget of the President for fiscal year 2017 
is submitted to Congress pursuant to section 1105 of title 
31, Unites States Code, the Secretary of Defense shall 
submit to the congressional defense committees a report 
on the equipment, weapons, weapons systems, compo-
nents, subcomponents, and end-items purchased from for-
eign entities that identifies those items which could be 
manufactured in the military arsenals of the United States 
or the military depots of the United States to meet the 
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goals of subsection (a) or section 2464 of title 10, United 
States Code, as well as a plan for moving that workload 
into such arsenals or depots. 
(b) ELEMENTS OF REPORT.—The report required by 
subsection (a) shall include each of the following: 
(1) An identification of items purchased by for-
eign manufacturers— 
(A) described in section 8302(a)(1) of title 
41, United States Code, and purchased from a 
foreign manufacturer by reason of an exception 
under 
section 
8302(a)(2)(A) 
or 
section 
8302(a)(2)(B) of such title; 
(B) described in section 2533b(a)(1) of 
title 10, United States Code, and purchased 
from a foreign manufacturer by reason of an 
exception under section 2533b(b); and 
(C) described in section 2534(a) of such 
title and purchased from a foreign manufac-
turer by reason of a waiver exercised under 
paragraph (1), (2), (4), or (5) of section 
2534(d) of such title. 
(2) An assessment of the skills required to 
manufacture the items identified in paragraph (1) 
and a comparison of those skills with skills required 
to meet the critical capabilities identified by the 
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Army Report to Congress on Critical Manufacturing 
Capabilities and Capacities dated August 2013 and 
the core logistics capabilities identified by each mili-
tary service pursuant to section 2464 of title 10, 
United States Code, as of the date of the enactment 
of this Act. 
(3) An identification of the tooling, equipment, 
and facilities upgrades necessary for a military arse-
nal or depot to perform the manufacturing workload 
identified under paragraph (1). 
(4) An identification of workload identified in 
paragraph (1) most appropriate for transfer to mili-
tary arsenals or depots to meet the goals of sub-
section (a) or the requirements of section 2464 of 
title 10, United States Code. 
(5) Such other information the Secretary con-
siders necessary for adherence to paragraphs (4) 
and (5). 
(6) An explanation of the rationale for con-
tinuing to sole-source manufacturing workload iden-
tified in paragraph (1) from a foreign source rather 
than a military arsenal, depot, or other organic facil-
ity. 
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Subtitle D—Other Matters 
SEC. 333. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 
EXCESS PROPERTY DISPOSAL. 
(a) PLAN REQUIRED.—Not later than June 30, 
2016, the Secretary of Defense shall submit to the con-
gressional defense committees a plan for the improved 
management and oversight of the systems, processes, and 
controls involved in the disposition of excess non-mission 
essential equipment and materiel by the Defense Logistics 
Agency Disposition Services. 
(b) CONTENTS OF PLAN.—At a minimum, the plan 
shall address each of the following: 
(1) Backlogs of unprocessed property at dis-
position sites that do not meet Defense Logistics 
Agency Disposition Services goals. 
(2) Customer wait times. 
(3) Procedures governing the disposal of serv-
iceable 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. 
(4) Validation of materiel release orders. 
(5) Assuring adequate physical security for the 
storage of equipment. 
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(6) The number of personnel required to effec-
tively manage retrograde sort yards. 
(7) Managing any potential increase in the 
amount of excess property to be processed. 
(8) Improving the reliability of Defense Logis-
tics Agency Disposition Services data. 
(9) Procedures for ensuring no property is of-
fered for public sale until all requirements for utili-
zation, transfer, and donation are met. 
(10) Validation of physical inventory against 
database entries. 
(c) CONGRESSIONAL BRIEFING.—By not later than 
September 30, 2016, the Secretary shall provide to the 
congressional defense committees a briefing on the actions 
taken to implement the plan required under subsection 
(a). 
SEC. 334. ACCESS TO WIRELESS HIGH-SPEED INTERNET 
AND NETWORK CONNECTIONS FOR CERTAIN 
MEMBERS 
OF 
THE 
ARMED 
FORCES 
DE-
PLOYED OVERSEAS. 
Consistent with section 2492a of title 10, United 
States Code, the Secretary of Defense is encouraged to 
enter into contracts with third-party vendors in order to 
provide members of the Armed Forces who are deployed 
overseas at any United States military facility, at which 
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wireless high-speed Internet and network connections are 
otherwise available, with access to such Internet and net-
work connections without charge. 
SEC. 335. TEMPORARY AUTHORITY TO EXTEND CONTRACTS 
AND LEASES UNDER THE ARMS INITIATIVE. 
Contracts or subcontracts entered into pursuant to 
section 4554(a)(3)(A) of title 10, United States Code, on 
or before the date that is five years after the date of the 
enactment of this Act may include an option to extend 
the term of the contract or subcontract for an additional 
25 years. 
SEC. 336. ASSESSMENT OF OUTREACH FOR SMALL BUSI-
NESS CONCERNS OWNED AND CONTROLLED 
BY WOMEN AND MINORITIES REQUIRED BE-
FORE CONVERSION OF CERTAIN FUNCTIONS 
TO CONTRACTOR PERFORMANCE. 
No Department of Defense function that is per-
formed by Department of Defense civilian employees and 
is tied to a certain military base may be converted to per-
formance by a contractor until the Secretary of Defense 
conducts an assessment to determine if the Department 
of Defense has carried out sufficient outreach programs 
to assist small business concerns owned and controlled by 
women (as such term is defined in section 8(d)(3)(D) of 
the Small Business Act (15 U.S.C. 637(d)(3)(D))) and 
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small business concerns owned and controlled by socially 
and economically disadvantaged individuals (as such term 
is defined in section 8(d)(3)(C) of the Small Business Act 
(15 U.S.C. 637(d)(3)(C))) that are located in the geo-
graphic area near the military base. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2016, as follows: 
(1) The Army, 475,000. 
(2) The Navy, 329,200. 
(3) The Marine Corps, 184,000. 
(4) The Air Force, 320,715. 
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following new paragraphs: 
‘‘(1) For the Army, 475,000. 
‘‘(2) For the Navy, 329,200. 
‘‘(3) For the Marine Corps, 184,000. 
‘‘(4) For the Air Force, 317,000.’’. 
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Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2016, as follows: 
(1) The Army National Guard of the United 
States, 342,000. 
(2) The Army Reserve, 198,000. 
(3) The Navy Reserve, 57,400. 
(4) The Marine Corps Reserve, 38,900. 
(5) The Air National Guard of the United 
States, 105,500. 
(6) The Air Force Reserve, 69,200. 
(7) The Coast Guard Reserve, 7,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized 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 
(2) 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 
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(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2016, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 30,770. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 9,934. 
(4) The Marine Corps Reserve, 2,260. 
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(5) The Air National Guard of the United 
States, 14,748. 
(6) The Air Force Reserve, 3,032. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2016 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the United 
States, 26,099. 
(2) For the Army Reserve, 7,395. 
(3) For the Air National Guard of the United 
States, 22,104. 
(4) For the Air Force Reserve, 9,814. 
SEC. 414. FISCAL YEAR 2016 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2016, may not exceed the following: 
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(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2016, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2016, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2016, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
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(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal year 
2016 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as spec-
ified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in subsection (a) supersedes 
any other authorization of appropriations (definite or in-
definite) for such purpose for fiscal year 2016. 
SEC. 422. REPORT ON FORCE STRUCTURE OF THE ARMY. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report containing 
the following: 
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(1) 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 De-
fense Authorization Act for Fiscal Year 2015 (Pub-
lic Law 113–291). 
(2) An evaluation of the adequacy of the Army 
force structure proposed for the future-years defense 
program for fiscal years 2017 through 2021 to meet 
the goals of the national military strategy of the 
United States. 
(3) An independent risk assessment by the 
Chairman of the Joint Chiefs of Staff of the pro-
posed Army force structure and the ability of such 
force structure to meet the operational requirements 
of combatant commanders. 
(4) A description of the planning assumptions 
and scenarios used by the Department of Defense to 
validate the size and force structure of the Army, in-
cluding the Army Reserve and the Army National 
Guard. 
(5) A certification by the Secretary of Defense 
that the Secretary has reviewed the reports by the 
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Secretary of the Army and the assessments of the 
Chairman of the Joint Chiefs of Staff and deter-
mined 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 Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291) 
will be adequate to meet the national military strat-
egy of the United States. 
(6) 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 Chief under 
paragraph (3). 
(7) Such other information or updates as the 
Secretary of Defense considers appropriate. 
(b) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
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TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy 
SEC. 501. EQUITABLE TREATMENT OF JUNIOR OFFICERS 
EXCLUDED FROM AN ALL-FULLY-QUALIFIED- 
OFFICERS LIST BECAUSE OF ADMINISTRA-
TIVE ERROR. 
(a) OFFICERS
ON
ACTIVE-DUTY
LIST.—Section 
624(a)(3) of title 10, United States Code, is amended by 
adding at the end the following new subparagraph: 
‘‘(E) If the Secretary of the military department con-
cerned determines that one or more officers or former offi-
cers were not placed on an all-fully-qualified-list under this 
paragraph because of administrative error, the Secretary 
may prepare a supplemental all-fully-qualified-officers list 
containing the names of any such officers for approval in 
accordance with this paragraph.’’. 
(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.— 
Section 14308(b)(4) of title 10, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(E) If the Secretary of the military department con-
cerned determines that one or more officers or former offi-
cers were not placed on an all-fully-qualified-list under this 
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paragraph because of administrative error, the Secretary 
may prepare a supplemental all-fully-qualified-officers list 
containing the names of any such officers for approval in 
accordance with this paragraph.’’. 
(c) CONFORMING AMENDMENTS TO SPECIAL SELEC-
TION BOARD AUTHORITY.— 
(1) 
REGULAR
COMPONENTS.—Section 
628(a)(1) of title 10, United States Code, is amend-
ed by striking ‘‘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,’’. 
(2) 
RESERVE
COMPONENTS.—Section 
14502(a)(1) of title 10, United States Code, is 
amended by striking ‘‘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,’’. 
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SEC. 502. AUTHORITY TO DEFER UNTIL AGE 68 MANDATORY 
RETIREMENT FOR AGE OF A GENERAL OR 
FLAG OFFICER SERVING AS CHIEF OR DEP-
UTY CHIEF OF CHAPLAINS OF THE ARMY, 
NAVY, OR AIR FORCE. 
(a) DEFERRAL AUTHORITY.—Section 1253 of title 
10, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(c) DEFERRED RETIREMENT OF CHAPLAINS.—(1) 
The Secretary of the military department concerned may 
defer the retirement under subsection (a) of an officer 
serving in a general or flag officer grade who is the Chief 
of Chaplains or Deputy Chief of Chaplains of that officer’s 
armed force. 
‘‘(2) A deferment of the retirement of an officer re-
ferred to in paragraph (1) may not extend beyond the first 
day of the month following the month in which the officer 
becomes 68 years of age. 
‘‘(3) The authority to defer the retirement of an offi-
cer referred to in paragraph (1) expires December 31, 
2020. Subject to paragraph (2), a deferment granted be-
fore that date may continue on and after that date.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
1253 of title 10, United States Code, is amended to 
read as follows: 
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‘‘§ 1253. Age 64: regular commissioned officers in gen-
eral and flag officer grades; exceptions’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 63 of title 10, United 
States Code, is amended by striking the item relat-
ing to section 1253 and inserting the following new 
item: 
‘‘1253. Age 64: regular commissioned officers in general and flag officer grades; 
exceptions.’’. 
SEC. 503. IMPLEMENTATION OF COMPTROLLER GENERAL 
RECOMMENDATION ON THE DEFINITION AND 
AVAILABILITY OF COSTS ASSOCIATED WITH 
GENERAL AND FLAG OFFICERS AND THEIR 
AIDES. 
(a) DEFINITION OF COSTS.—The Secretary of De-
fense shall direct the Director, Cost Assessment and Pro-
gram Evaluation, in coordination with the Under Sec-
retary of Defense for Personnel and Readiness and the 
Secretaries of the military departments, to define the costs 
that could be associated with general and flag officers, 
such as security details, Government air travel, enlisted 
and officer aide housing costs, additional support staff, of-
ficial residences, and any other associated costs incurred 
due to the nature of their position, for the purpose of pro-
viding a consistent approach to estimating and managing 
the full costs associated with these officers and aides. 
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(b) REPORT ON COSTS ASSOCIATED WITH GENERAL 
AND FLAG OFFICERS AND AIDES.—Not later than June 
30, 2016, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report describing the costs as-
sociated with general and flag officers and their enlisted 
and officer aides. 
Subtitle B—Reserve Component 
Management 
SEC. 511. CLARIFICATION OF PURPOSE OF RESERVE COM-
PONENT SPECIAL SELECTION BOARDS AS 
LIMITED TO CORRECTION OF ERROR AT A 
MANDATORY PROMOTION BOARD. 
Section 14502(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘a selection board’’ and insert-
ing ‘‘a mandatory promotion board convened 
under section 14101(a) of this title’’; and 
(B) in subparagraphs (A) and (B), by 
striking ‘‘selection board’’ and inserting ‘‘man-
datory promotion board’’; and 
(2) in the first sentence of paragraph (3)— 
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(A) by striking ‘‘Such board’’ and inserting 
‘‘The special selection board’’; and 
(B) by striking ‘‘selection board’’ and in-
serting ‘‘mandatory promotion board’’. 
SEC. 512. READY RESERVE CONTINUOUS SCREENING RE-
GARDING KEY POSITIONS DISQUALIFYING 
FEDERAL 
OFFICIALS 
FROM 
CONTINUED 
SERVICE IN THE READY RESERVE. 
Section 10149 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end the 
following new paragraph: 
‘‘(6) That members who also occupy a Federal 
key position whose mobilization in an emergency 
would seriously impair the capability of the parent 
Federal agency or office to function effectively are 
not retained in the Ready Reserve.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) In this section, the term ‘Federal key position’ 
means a Federal position that shall not be vacated during 
a national emergency or mobilization without seriously im-
pairing the capability of the parent Federal agency or of-
fice to function effectively. There are four categories of 
Federal key positions, the first three of which are, by defi-
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nition, key positions while the fourth category requires a 
case-by-case determination and designation, as follows: 
‘‘(1) The Vice President of the United States or 
any official specified in the order of presidential suc-
cession in section 19 of title 3. 
‘‘(2) The heads of the Federal agencies ap-
pointed by the President with the consent of the 
Senate, except that this paragraph does not include 
any position on a multi-member board or commis-
sion. Such a position may be designated as a Fed-
eral key position only in accordance with paragraph 
(4). 
‘‘(3) Article III Judges. However, each Article 
III Judge, who is a member of the Ready Reserve 
and desires to remain in the Ready Reserve, must 
have his or her position reviewed by the Chief Judge 
of the affected Judge’s Circuit. If the Chief Judge 
determines that mobilization of the Article III Judge 
concerned will not seriously impair the capability of 
the Judge’s court to function effectively, the Chief 
Judge will provide a certification to that effect to 
the Secretary concerned. Concurrently, the affected 
Judge will provide a statement to the Secretary con-
cerned requesting continued service in the Ready Re-
serve and acknowledging that he or she may be in-
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voluntarily called to active duty under the laws of 
the United States and the directives and regulations 
of the Department of Defense and pledging not to 
seek to be excused from such orders based upon his 
or her judicial duties. 
‘‘(4) Other Federal positions determined by the 
head of a Federal Agency.’’. 
SEC. 513. EXEMPTION OF MILITARY TECHNICIANS (DUAL 
STATUS) FROM CIVILIAN EMPLOYEE FUR-
LOUGHS. 
Section 10216(b)(3) of title 10, United States Code, 
is amended by inserting after ‘‘reductions’’ the following: 
‘‘(including temporary reductions by furlough or other-
wise)’’. 
SEC. 514. ANNUAL REPORT ON PERSONNEL, TRAINING, AND 
EQUIPMENT REQUIREMENTS FOR THE NON- 
FEDERALIZED NATIONAL GUARD TO SUP-
PORT CIVILIAN AUTHORITIES IN PREVEN-
TION AND RESPONSE TO NON-CATASTROPHIC 
DOMESTIC DISASTERS. 
(a) ANNUAL REPORT REQUIRED.—Section 10504 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘REPORT.—’’ 
and inserting ‘‘REPORT
ON STATE
OF
THE NA-
TIONAL GUARD.—(1)’’; 
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(2) by striking ‘‘(b) SUBMISSION OF REPORT 
TO CONGRESS.—’’ and inserting ‘‘(2)’’; 
(3) by striking ‘‘annual report of the Chief of 
the National Guard Bureau’’ and inserting ‘‘annual 
report required by paragraph (1)’’; and 
(4) by adding at the end the following new sub-
section (b): 
‘‘(b) ANNUAL REPORT ON NON-FEDERALIZED SERV-
ICE NATIONAL GUARD PERSONNEL, TRAINING, AND 
EQUIPMENT REQUIREMENTS.—(1) Not later than Janu-
ary 31 of each of calendar years 2016 through 2022, the 
Chief of the National Guard Bureau shall submit to the 
congressional defense committees and the officials speci-
fied in paragraph (5) a report setting forth the personnel, 
training, and equipment required by the National Guard 
during the next fiscal year to carry out its mission, while 
not Federalized, to provide prevention, protection mitiga-
tion, response, and recovery activities in support of civilian 
authorities in connection with non-catastrophic natural 
and man-made disasters. 
‘‘(2) To determine the annual personnel, training, 
and equipment requirements of the National Guard re-
ferred to in paragraph (1), the Chief of the National 
Guard Bureau shall take into account, at a minimum, the 
following: 
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‘‘(A) Core civilian capabilities gaps for the pre-
vention, protection, mitigation, response, and recov-
ery activities in connection with natural and man- 
made disasters, as collected by the Department of 
Homeland Security from the States. 
‘‘(B) Threat and hazard identifications and risk 
assessments of the Department of Defense, the De-
partment of Homeland Security, and the States. 
‘‘(3) Personnel, training, and equipment require-
ments shall be collected from the States, validated by the 
Chief of the National Guard Bureau, and be categorized 
in the report required by paragraph (1) by each of the 
following: 
‘‘(A) Emergency support functions of the Na-
tional Response Framework. 
‘‘(B) Federal Emergency Management Agency 
regions. 
‘‘(4) The annual report required by paragraph (1) 
shall be prepared in consultation with the chief executive 
of each State, other appropriate civilian authorities, and 
the Council of Governors. 
‘‘(5) In addition to the congressional defense commit-
tees, the annual report required by paragraph (1) shall 
be submitted to the following officials: 
‘‘(A) The Secretary of Defense. 
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‘‘(B) The Secretary of Homeland Security. 
‘‘(C) The Council of Governors. 
‘‘(D) The Secretary of the Army. 
‘‘(E) The Secretary of the Air Force. 
‘‘(F) The Commander of the United States 
Northern Command. 
‘‘(G) The Commander of the United States 
Cyber Command.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 10504. Chief of the National Guard Bureau: annual 
reports’’. 
(2) TABLE OF CONTENTS.—The table of sec-
tions at the beginning of chapter 1011 of title 10, 
United States Code, is amended by striking the item 
relating to section 10504 and inserting the following 
new section: 
‘‘10504. Chief of the National Guard Bureau: annual reports.’’. 
SEC. 515. NATIONAL GUARD CIVIL AND DEFENSE SUPPORT 
ACTIVITIES AND RELATED MATTERS. 
(a) OPERATIONAL USE OF THE NATIONAL GUARD.— 
(1) IN GENERAL.—Chapter 1 of title 32, United 
States Code, is amended by adding at the end the 
following new section: 
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‘‘§ 116. Operational use of the National Guard 
‘‘(a) IN GENERAL.—This section authorizes the oper-
ational use of the National Guard and recognizes that the 
basic premise of both the National Incident Management 
System and the National Response Framework is that— 
‘‘(1) incidents are typically managed at the 
local level first; and 
‘‘(2) local jurisdictions retain command, control, 
and authority over response activities for their juris-
dictional areas. 
‘‘(b) ASSISTANCE TO CIVILIAN FIREFIGHTING ORGA-
NIZATIONS.— 
‘‘(1) ASSISTANCE AUTHORIZED.—Members and 
units of the National Guard shall be authorized to 
support firefighting operations, missions, or activi-
ties, including aerial firefighting employment of the 
Modular Airborne Firefighting System (MAFFS), 
undertaken in support of a civilian authority or a 
State or Federal agency. 
‘‘(2) ROLE OF GOVERNOR AND STATE ADJU-
TANT
GENERAL.—For the purposes of paragraph 
(1)— 
‘‘(A) the Governor of a State shall be the 
principal civilian authority; and 
‘‘(B) the adjutant general of the State 
shall be the principal military authority, when 
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acting in his or her State capacity, and has the 
primary authority to mobilize members and 
units of the National Guard of the State in any 
duty status under this title the adjutant general 
deems appropriate to employ necessary forces 
when funds to perform such operations, mis-
sions, or activities are reimbursed.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘116. Operational use of the National Guard.’’. 
(b) ACTIVE GUARD
AND RESERVE (AGR) SUP-
PORT.—Section 328(b) of title 32, United States Code, is 
amended— 
(1) by inserting ‘‘duty as specified in section 
116(b) of this title or may perform’’ after ‘‘sub-
section (a) may perform’’; and 
(2) by inserting ‘‘(A) and (B)’’ after ‘‘ specified 
in section 502(f)(2)’’. 
(c) FEDERAL
TECHNICIANS
SUPPORT.—Section 
709(a)(3) of title 32, United States Code, is amended by 
inserting ‘‘duty as specified in section 116(b) of this title 
or’’ after ‘‘(3) the performance of’’. 
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SEC. 516. ELECTRONIC TRACKING OF OPERATIONAL AC-
TIVE-DUTY SERVICE PERFORMED BY MEM-
BERS OF THE READY RESERVE OF THE 
ARMED FORCES. 
The Secretary of Defense shall establish an electronic 
means by which members of the Ready Reserve of the 
Armed Forces can track their operational active-duty serv-
ice performed after January 28, 2008, under section 
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
10, United States Code. The tour calculator shall specify 
early retirement credit authorized for each qualifying tour 
of active duty, as well as cumulative early reserve retire-
ment credit authorized to date under section 12731(f) of 
such title. 
Subtitle C—Consolidation of Au-
thorities to Order Members of 
Reserve Components to Perform 
Duty 
SEC. 521. ADMINISTRATION OF RESERVE DUTY. 
Chapter 1209 of title 10, United States Code, is 
amended— 
(1) by inserting before section 12301 the fol-
lowing subchapter heading: 
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‘‘SUBCHAPTER I—ADMINISTRATION OF 
RESERVE DUTY’’. 
(2) by striking sections 12301, 12302, 12303, 
12304, 12310, 12319 and 12322; 
(3) in subsections (a) and (b) of section 12305, 
by striking ‘‘section 12301, 12302, or 12304 of this 
title’’ and inserting ‘‘section 12341 of this title for 
a purpose specified under subsections (a) through 
(e) of section 12351(a) of this title’’; 
(4) in section 12306— 
(A) in subsection (a), by striking ‘‘section 
12301’’ and inserting ‘‘section 12351’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘sec-
tion 12301(a) of this title’’ and inserting 
‘‘section 12341 of this title for the purpose 
specified in section 12351(a) of this title’’; 
and 
(ii) in paragraph (2), by striking ‘‘sec-
tion 12301(a)’’ and inserting ‘‘section 
12351(a)’’; 
(5) in section 12307, by striking ‘‘12301(a)’’ 
and inserting ‘‘12351(a)’’; 
(6) in section 12318— 
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(A) in subsection (a), by striking ‘‘section 
12302 or 12304 of this title’’ and inserting 
‘‘section 12341 of this title for a purpose speci-
fied under subsection (b) or (c) of section 
12351’’; and 
(B) in subsection (b)— 
(i) by striking ‘‘section 12310’’ and 
inserting ‘‘section 12353(c)’’; and 
(ii) by striking ‘‘section 12302 or 
12304’’ and inserting ‘‘subsection (b) or 
(c) of section 12351’’; and 
(7) by inserting after section 12321 the fol-
lowing new section: 
‘‘§ 12323. Policies and procedures 
‘‘(a) IN GENERAL.—The Secretary of Defense and 
the Secretary of the Department in which the Coast Guard 
is operating shall prescribe such policies and procedures 
for the armed forces under their respective jurisdictions 
as the Secretary considers necessary to carry out this 
chapter. 
‘‘(b) REPORT TO CONGRESS.—When members of the 
Ready Reserve are ordered to active duty pursuant to sec-
tion 12351(b) of this title, the Secretary of Defense shall 
submit a report, at least once a year, to the Committees 
on Armed Services of the Senate and the House of Rep-
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resentatives describing the policies and procedures pre-
scribed under subsection (a).’’. 
SEC. 522. RESERVE DUTY AUTHORITIES. 
(a) IN GENERAL.—Chapter 1209 of title 10, United 
States Code, is further amended by inserting after section 
12323, as added by section 521(7) of this Act, the fol-
lowing new subchapter: 
(b) REDESIGNATION OF INACTIVE DUTY TO ENCOM-
PASS OPERATIONAL AND OTHER DUTIES PERFORMED 
WHILE IN AN ACTIVE DUTY STATUS.— 
(1) REFERENCES.—Any reference that is made 
in any law, regulation, document, paper, or other 
record of the United States to inactive-duty training, 
as such term applies to members of the reserve com-
ponents of the uniformed services, shall be deemed 
to be a reference to inactive duty. 
(2) DEFINITION OF UNIFORMED SERVICES.—In 
this subsection the term ‘‘uniformed services’’ has 
the meaning given the term in section 101(a)(5) of 
title 10, United States Code. 
SEC. 523. PURPOSE OF RESERVE DUTY. 
Chapter 1209 of title 10, United States Code, is fur-
ther amended by inserting after section 12343, as added 
by section 522(a), the following new subchapter: 
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‘‘SUBCHAPTER III—PURPOSE OF RESERVE 
DUTY 
‘‘§ 12351. Reserve component: required duty 
‘‘(a) MOBILIZATION
OF
THE
RESERVE
COMPO-
NENTS.— 
‘‘(1) IN GENERAL.—In time of war or of na-
tional emergency declared by Congress, or when oth-
erwise authorized by law, an authority designated by 
the Secretary concerned may, without the consent of 
the persons affected, order any unit, and any mem-
ber not assigned to a unit organized to serve as a 
unit, of a reserve component under the jurisdiction 
of that Secretary to active duty under section 12341 
of this title for the duration of the war or emergency 
and for six months thereafter. However a member 
on an inactive status list or in a retired status may 
not be ordered to active duty under this subsection 
unless the Secretary concerned, with the approval of 
the Secretary of Defense in the case of the Secretary 
of a military department, determines that there are 
not enough qualified Reserves in an active status or 
in the inactive National Guard in the required cat-
egory who are readily available. 
‘‘(2) EXPANSIONS.—So far as practicable, dur-
ing any expansion of the active armed forces that re-
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