Text: H.R.4909 — 114th Congress (2015-2016)All Information (Except Text)

Text available as:

Shown Here:
Placed on Calendar Senate (05/26/2016)

Calendar No. 502

114th CONGRESS
2d Session
H. R. 4909


To authorize appropriations for fiscal year 2017 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.


IN THE SENATE OF THE UNITED STATES

May 26, 2016

Received; read twice and placed on the calendar


AN ACT

To authorize appropriations for fiscal year 2017 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2017”.

SEC. 2. Organization of Act into divisions; table of contents.

(a) Divisions.—This Act is organized into five divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

(5) Division E—Military Justice.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 101. Authorization of appropriations.

Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters.

Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.

Sec. 113. Assessment of certain capabilities of the Department of the Army.

Sec. 114. Funding for surface-to-air missile system.

Sec. 121. Procurement authority for aircraft carrier programs.

Sec. 122. Sense of Congress on aircraft carrier procurement schedules.

Sec. 123. Design and construction of LHA replacement ship designated LHA 8.

Sec. 124. Design and construction of replacement dock landing ship designated LX(R) or amphibious transport dock designated LPD–29.

Sec. 125. Ship to shore connector program.

Sec. 126. Limitation on availability of funds for Littoral Combat Ship or successor frigate.

Sec. 127. Report on P–8 Poseidon aircraft.

Sec. 131. Elimination of annual report on aircraft inventory.

Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft.

Sec. 133. Repeal of requirement to preserve certain retired F–117 aircraft.

Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 135. Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System aircraft.

Sec. 136. Report on cost of B–21 aircraft.

Sec. 137. Prohibition on availability of funds for retirement of U–2 aircraft.

Sec. 141. Termination of quarterly reporting on use of combat mission requirements funds.

Sec. 142. Fire suppressant and fuel containment standards for certain vehicles.

Sec. 143. Report on Department of Defense munitions strategy for the combatant commands.

Sec. 144. Comptroller General review of F–35 Lightning II aircraft sustainment support.

Sec. 145. Briefing on acquisition strategy for Ground Mobility Vehicle.

Sec. 146. Standardization of 5.56mm rifle ammunition.

Sec. 201. Authorization of appropriations.

Sec. 211. Laboratory quality enhancement program.

Sec. 212. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 213. Notification requirement for certain rapid prototyping, experimentation, and demonstration activities.

Sec. 214. Improved biosafety for handling of select agents and toxins.

Sec. 215. Modernization of security clearance information technology architecture.

Sec. 216. Prohibition on availability of funds for countering weapons of mass destruction system Constellation.

Sec. 217. Limitation on availability of funds for Defense Innovation Unit Experimental.

Sec. 218. Limitation on availability of funds for Tactical Combat Training System Increment II.

Sec. 219. Restructuring of the distributed common ground system of the Army.

Sec. 220. Designation of Department of Defense senior official with principal responsibility for directed energy weapons.

Sec. 231. Strategy for assured access to trusted microelectronics.

Sec. 232. Pilot program on evaluation of commercial information technology.

Sec. 233. Pilot program for the enhancement of the laboratories and test and evaluation centers of the Department of Defense.

Sec. 234. Pilot program on modernization of electromagnetic spectrum warfare systems and electronic warfare systems.

Sec. 235. Independent review of F/A–18 physiological episodes and corrective actions.

Sec. 236. Study on helicopter crash prevention and mitigation technology.

Sec. 237. Report on electronic warfare capabilities.

Sec. 301. Authorization of appropriations.

Sec. 302. Increase in funding for civil military programs.

Sec. 311. Rule of construction regarding alternative fuel procurement requirement.

Sec. 312. Production and use of natural gas at Fort Knox.

Sec. 313. Alternative technologies for munitions disposal.

Sec. 314. Sense of Congress.

Sec. 315. Prohibition on carrying out certain authorities relating to climate change.

Sec. 321. Pilot program for inclusion of certain industrial plants in the Armament Retooling and Manufacturing Support Initiative.

Sec. 322. Private sector port loading assessment.

Sec. 323. Limitation on availability of funds for Defense Contract Management Agency.

Sec. 331. Modification of annual Department of Defense energy management reports.

Sec. 332. Report on equipment purchased from foreign entities and authority to adjust Army arsenal labor rates.

Sec. 333. Report on average travel costs of members of the reserve components.

Sec. 341. Explosive Ordnance Disposal Corps.

Sec. 342. Explosive ordnance disposal program.

Sec. 343. Expansion of definition of structures interfering with air commerce and national defense.

Sec. 344. Development of personal protective equipment for female Marines and soldiers.

Sec. 345. Study on space-available travel system of the Department of Defense.

Sec. 346. Supply of specialty motors from certain manufacturers.

Sec. 347. Limitation on use of certain funds until establishment and implementation of required process by which members of the Armed Forces may carry appropriate firearms on military installations.

Sec. 348. Motor carrier safety performance and safety technology.

Sec. 349. Briefing on well-drilling capabilities of active duty and reserve components.

Sec. 350. Access to wireless high-speed Internet and network connections for certain members of the Armed Forces deployed overseas.

Sec. 351. System for communicating availability of surplus ammunition.

Sec. 352. Increase in funding for National Guard counter-drug programs.

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 416. Sense of Congress on full-time support for the Army National Guard.

Sec. 421. Military personnel.

Sec. 501. Number of Marine Corps general officers.

Sec. 502. Equal consideration of officers for early retirement or discharge.

Sec. 503. Modification of authority to drop from rolls a commissioned officer.

Sec. 511. Extension of removal of restrictions on the transfer of officers between the active and inactive National Guard.

Sec. 512. Extension of temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training.

Sec. 513. Limitations on ordering Selected Reserve to active duty for preplanned missions in support of the combatant commands.

Sec. 514. Exemption of military technicians (dual status) from civilian employee furloughs.

Sec. 515. Electronic tracking of operational active-duty service performed by members of the Ready Reserve of the Armed Forces.

Sec. 521. Technical correction to annual authorization for personnel strengths.

Sec. 522. Entitlement to leave for adoption of child by dual military couples.

Sec. 523. Revision of deployability rating system and planning reform.

Sec. 524. Expansion of authority to execute certain military instruments.

Sec. 525. Technical correction to voluntary separation pay and benefits.

Sec. 526. Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act.

Sec. 527. Pilot program on consolidated Army recruiting.

Sec. 528. Report on purpose and utility of registration system under Military Selective Service Act.

Sec. 529. Parental leave for members of the Armed Forces.

Sec. 541. Expedited reporting of child abuse and neglect to State Child Protective Services.

Sec. 542. Extension of the requirement for annual report regarding sexual assaults and coordination with release of family advocacy report.

Sec. 543. Requirement for annual family advocacy program report regarding child abuse and domestic violence.

Sec. 544. Improved Department of Defense prevention of and response to hazing in the Armed Forces.

Sec. 545. Burdens of proof applicable to investigations and reviews related to protected communications of members of the Armed Forces and prohibited retaliatory actions.

Sec. 546. Improved investigation of allegations of professional retaliation.

Sec. 547. Career military justice litigation track for judge advocates.

Sec. 561.  Revision to quality assurance of certification programs and standards.

Sec. 562. Establishment of ROTC cyber institutes at senior military colleges.

Sec. 563. Military-to-mariner transition.

Sec. 564. Employment authority for civilian faculty at certain military department schools.

Sec. 565. Revision of name on military service record to reflect change in name of a member of the Army, Navy, Air Force, or Marine Corps, after separation from the Armed Forces.

Sec. 566. Direct employment pilot program for members of the National Guard and Reserve.

Sec. 567. Prohibition on establishment, maintenance, or support of Senior Reserve Officers’ Training Corps units at educational institutions that display Confederate battle flag.

Sec. 568. Report on composition of service academies.

Sec. 569. Inclusion of alcohol, prescription drug, opioid, and other substance abuse counseling as part of required preseparation counseling.

Sec. 569A. Inclusion of information in Transition Assistance Program.

Sec. 569B. Report and guidance regarding Job Training, Employment Skills Training, Apprenticeships, and Internships and SkillBridge initiatives for members of the Armed Forces who are being separated.

Sec. 569C. Congressional notification in advance of appointments to service academies.

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Support for programs providing camp experience for children of military families.

Sec. 573. Impact Aid.

Sec. 574. Elimination of two-year eligibility limitation for noncompetitive appointment of spouses of members of the Armed Forces.

Sec. 581. Review regarding award of Medal of Honor to certain Asian American and Native American Pacific Islander war veterans.

Sec. 582. Authorization for award of medals for acts of valor.

Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose for acts of valor during the Vietnam War.

Sec. 584. Authorization for award of the Medal of Honor to Charles S. Kettles for acts of valor during the Vietnam War.

Sec. 585. Authorization for award of Distinguished-Service Cross to First Lieutenant Melvin M. Spruiell for acts of valor during World War II.

Sec. 591. Burial of cremated remains in Arlington National Cemetery of certain persons whose service is deemed to be active service.

Sec. 592. Representation from members of the Armed Forces on boards, councils, and committees making recommendations relating to military personnel issues.

Sec. 593. Body mass index test.

Sec. 594. Preseparation counseling regarding options for donating brain tissue at time of death for research.

Sec. 595. Recognition of the expanded service opportunities available to female members of the Armed Forces and the long service of women in the Armed Forces.

Sec. 596. Sense of Congress regarding plight of male victims of military sexual trauma.

Sec. 597. Sense of Congress regarding section 504 of title 10, United States Code, on existing authority of the Department of Defense to enlist individuals, not otherwise eligible for enlistment, whose enlistment is vital to the national interest.

Sec. 598. Protection of Second Amendment Rights of Military Families.

Sec. 599. Pilot program on advanced technology for alcohol abuse prevention.

Sec. 599A. Report on availability of college credit for skills acquired during military service.

Sec. 599B. Atomic veterans service medal.

Sec. 599C. Report on extending protections for student loans for active duty borrowers.

Sec. 599D. Exclusion of certain reimbursements of medical expenses and other payments from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans.

Sec. 599E. Sense of Congress on desirability of service-wide adoption of Gold Star Installation Access Card.

Sec. 599F. Servicemembers’ Group Life Insurance.

Sec. 599G. Extension of suicide prevention and resilience program.

Sec. 601. Annual adjustment of monthly basic pay.

Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 603. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel .

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 616. Increase in maximum amount of aviation special pays for flying duty.

Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and bonus authorities.

Sec. 618. Technical and clerical amendments relating to 2008 consolidation of certain special pay authorities.

Sec. 619. Combat-related special compensation coordinating amendment.

Sec. 621. Separation determinations for members participating in Thrift Savings Plan.

Sec. 622. Continuation pay for full Thrift Savings Plan members who have completed 8 to 12 years of service.

Sec. 623. Special survivor indemnity allowance.

Sec. 624. Equal benefits under Survivor Benefit Plan for survivors of reserve component members who die in the line of duty during inactive-duty training.

Sec. 625. Use of member’s current pay grade and years of service, rather than final retirement pay grade and years of service, in a division of property involving disposable retired pay.

Sec. 631. Protection and enhancement of access to and savings at commissaries and exchanges.

Sec. 632. Acceptance of Military Star Card at commissaries.

Sec. 641. Maximum reimbursement amount for travel expenses of members of the Reserves attending inactive duty training outside of normal commuting distances.

Sec. 642. Statute of limitations on Department of Defense recovery of amounts owed to the United States by members of the uniformed services, including retired and former members.

Sec. 701. TRICARE Preferred and other TRICARE reform.

Sec. 702. Reform of administration of the Defense Health Agency and military medical treatment facilities.

Sec. 703. Military medical treatment facilities.

Sec. 704. Access to urgent care under TRICARE program.

Sec. 705. Access to primary care clinics at military medical treatment facilities.

Sec. 706. Incentives for value-based health under TRICARE program.

Sec. 707. Improvements to military-civilian partnerships to increase access to health care and readiness.

Sec. 708. Joint Trauma System.

Sec. 709. Joint Trauma Education and Training Directorate.

Sec. 710. Improvements to access to health care in military medical treatment facilities.

Sec. 711. Adoption of core quality performance metrics.

Sec. 712. Study on improving continuity of health care coverage for Reserve Components.

Sec. 721. Provision of hearing aids to dependents of retired members.

Sec. 722. Extended TRICARE program coverage for certain members of the National Guard and dependents during certain disaster response duty.

Sec. 731. Prospective payment of funds necessary to provide medical care for the Coast Guard.

Sec. 732. Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic stress.

Sec. 733. Use of mefloquine for malaria.

Sec. 734. Applied behavior analysis.

Sec. 741. Mental health resources for members of the military services at high risk of suicide.

Sec. 742. Research of chronic traumatic encephalopathy.

Sec. 743. Active oscillating negative pressure treatment.

Sec. 744. Long-term study on health of helicopter and tiltrotor pilots.

Sec. 745. Pilot program for prescription drug acquisition cost parity in the TRICARE pharmacy benefits program.

Sec. 746. Study on display of wait times at urgent care clinics, pharmacies, and emergency rooms of military medical treatment facilities.

Sec. 747. Report on feasibility of including acupuncture and chiropractic services for retirees under TRICARE program.

Sec. 748. Clarification of submission of reports on longitudinal study on traumatic brain injury.

Sec. 749. Increased collaboration with NIH to combat triple negative breast cancer.

Sec. 750. Department of Defense studies on preventing the diversion of opioid medications.

Sec. 801. Revision to authorities relating to Department of Defense Test Resource Management Center.

Sec. 802. Amendments to restrictions on undefinitized contractual actions.

Sec. 803. Revision to requirements relating to inventory method for Department of Defense contracts for services.

Sec. 804. Procurement of personal protective equipment.

Sec. 805. Revision to effective date of senior executive benchmark compensation for allowable cost limitations.

Sec. 806. Amendments related to detection and avoidance of counterfeit electronic parts.

Sec. 807. Amendments to special emergency procurement authority.

Sec. 808. Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces.

Sec. 809. Requirement for policies and standard checklist in procurement of services.

Sec. 809A. Extension of limitation on aggregate annual amount available for contract services.

Sec. 809B. Extension of authority for enhanced transfer of technology developed at department of defense laboratories.

Sec. 811. Change in date of submission to Congress of Selected Acquisition Reports.

Sec. 812. Amendments relating to independent cost estimation and cost analysis.

Sec. 813.  Revisions to Milestone B determinations.

Sec. 814. Review and report on sustainment planning in the acquisition process.

Sec. 815. Revision to distribution of annual report on operational test and evaluation.

Sec. 821. Revision to definition of commercial item.

Sec. 822. Market research for determination of price reasonableness in acquisition of commercial items.

Sec. 823. Value analysis for the determination of price reasonableness.

Sec. 824. Clarification of requirements relating to commercial item determinations.

Sec. 825. Pilot program for authority to acquire innovative commercial items using general solicitation competitive procedures.

Sec. 831. Review and report on the bid protest process.

Sec. 832. Review and report on indefinite delivery contracts.

Sec. 833. Review and report on contractual flow-down provisions.

Sec. 834. Review of anti-competitive specifications in information technology acquisitions.

Sec. 835. Coast Guard major acquisition programs.

Sec. 836. Waiver of congressional notification for acquisition of tactical missiles and munitions greater than quantity specified in law.

Sec. 837. Closeout of old Department of the Navy contracts.

Sec. 838. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 839. Department of Defense Acquisition Workforce Development Fund determination adjustment.

Sec. 840. Amendment to prohibition on performance of non-defense audits by Defense Contract Audit Agency to exempt audits for National Nuclear Security Administration.

Sec. 841. Selection of service providers for auditing services and audit readiness services.

Sec. 842. Modifications to the justification and approval process for certain sole-source contracts for small business concerns.

Sec. 843. Briefing on design-build construction process for defense contracts.

Sec. 844. Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance.

Sec. 845. Inclusion of information on common grounds for sustaining bid protests in annual Government Accountability Office reports to Congress.

Sec. 846. Revision of effective date for amendments relating to Under Secretary of Defense for Business Management and Information.

Sec. 847. Promotion of value-based defense procurement.

Sec. 848. Study and report on contracts awarded to minority-owned and women-owned businesses.

Sec. 901. Sense of Congress on Goldwater-Nichols Reform.

Sec. 902. Repeal of Defense Strategy Review.

Sec. 903. Commission on the National Defense Strategy for the United States.

Sec. 904. Reform of defense strategic and policy guidance.

Sec. 905. Reform of the national military strategy.

Sec. 906. Modification to independent study of national security strategy formulation process.

Sec. 907. Term of office for the Chairman of the Joint Chiefs of Staff.

Sec. 908. Responsibilities of the Chairman of the Joint Chiefs of Staff relating to operations.

Sec. 909. Assigned forces within the continental United States.

Sec. 910. Reduction in general officer and flag officer grades and positions.

Sec. 911. Establishment of unified combatant command for cyber operations.

Sec. 912. Revision of requirements relating to length of joint duty assignments.

Sec. 913. Revision of definitions used for joint officer management.

Sec. 914.  Independent assessment of combatant command structure.

Sec. 921. Modifications to corrosion report.

Sec. 922. Authority to employ civilian faculty members at Joint Special Operations University.

Sec. 923. Guidelines for conversion of functions performed by civilian or contractor personnel to performance by military personnel.

Sec. 924. Public release by Inspectors General of reports of misconduct.

Sec. 925. Modifications to requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing.

Sec. 926. Reform of National Security Council.

Sec. 931. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 932. Conforming amendments to title 10, United States Code.

Sec. 933. Other provisions of law and other references.

Sec. 934. Effective date.

Sec. 1001. General transfer authority.

Sec. 1002. Requirement to transfer funds from Department of Defense Acquisition Workforce Development Fund to the Treasury.

Sec. 1003. Report on auditable financial statements.

Sec. 1011. Extension of authority to provide additional support for counter-drug activities of foreign governments.

Sec. 1012. Secretary of Defense review of curricula and program structures of National Guard counterdrug schools.

Sec. 1013. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia.

Sec. 1014. Unmanned aerial systems training missions.

Sec. 1015. Funding for counter narcotics operations.

Sec. 1016. Report on efforts of United States Southern Command Operation to detect and monitor drug trafficking.

Sec. 1021. Definition of short-term work with respect to overhaul, repair, or maintenance of naval vessels.

Sec. 1022. Warranty requirements for shipbuilding contracts.

Sec. 1023. National Sea-Based Deterrence Fund.

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class cruisers or dock landing ships.

Sec. 1025. Restrictions on the overhaul and repair of vessels in foreign shipyards.

Sec. 1031. Frequency of counterterrorism operations briefings.

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba to the United States.

Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1034. Prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1036. Modification of congressional notification of sensitive military operations.

Sec. 1037. Comprehensive strategy for detention of certain individuals.

Sec. 1038. Declassification of information on past terrorist activities of detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1039. Prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member gender.

Sec. 1041. Expanded authority for transportation by the Department of Defense of non-Department of Defense personnel and cargo.

Sec. 1042. Limitation on retirement, deactivation, or decommissioning of mine countermeasures ships.

Sec. 1043. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance.

Sec. 1044. Evaluation of Navy alternate combination cover and unisex combination cover.

Sec. 1045. Protection of certain Federal spectrum operations.

Sec. 1046. Transportation on military aircraft on a space-available basis for members and former members of the Armed Forces with disabilities rated as total.

Sec. 1047. National Guard flyovers of public events.

Sec. 1048. Application of the Freedom of Information Act to the National Security Council.

Sec. 1049. Requirement relating to transfer of excess Department of Defense equipment to Federal and State agencies.

Sec. 1061. Temporary continuation of certain Department of Defense reporting requirements.

Sec. 1062. Matters for inclusion in report on designation of countries for which rewards may be paid under Department of Defense rewards program.

Sec. 1063. Congressional notification of biological select agent and toxin theft, loss, or release involving the Department of Defense.

Sec. 1064. Report on service-provided support to United States special operations forces.

Sec. 1065. Report on citizen security responsibilities in the Northern Triangle of Central America.

Sec. 1066. Report on counterproliferation activities and programs.

Sec. 1067. Inclusion of ballistic missile defense information in annual report on requirements of combatant commands.

Sec. 1068. Reviews by Department of Defense concerning national security use of spectrum.

Sec. 1069. Annual report on personnel, training, and equipment requirements for the non-Federalized National Guard to support civilian authorities in prevention and response to domestic disasters.

Sec. 1070. Briefing on criteria for determining locations of Air Force Installation and Mission Support Center headquarters.

Sec. 1071. Report on testing and integration of minehunting sonar systems to improve Littoral Combat Ship minehunting capabilities.

Sec. 1072. Report on carrier air wing force structure.

Sec. 1073. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope Army Airfield and Air Force support for such jumps.

Sec. 1074. Briefing on real property inventory.

Sec. 1075. Report on adjustment and diversification assistance.

Sec. 1076. Briefing on the protection of personally identifying information of members of the Armed Forces.

Sec. 1081. Technical and clerical amendments.

Sec. 1082. Modification to support for non-Federal development and testing of material for chemical agent defense.

Sec. 1083. Increase in maximum amount available for equipment, services, and supplies provided for humanitarian demining assistance.

Sec. 1084. Liquidation of unpaid credits accrued as a result of transactions under a cross-servicing agreement.

Sec. 1085. Clarification of contracts covered by airlift service provision.

Sec. 1086. National biodefense strategy.

Sec. 1087. Global Cultural Knowledge Network.

Sec. 1088. Modification of requirements relating to management of military technicians.

Sec. 1089. Sense of Congress regarding Connecticut’s Submarine Century.

Sec. 1090. LNG permitting certainty and transparency.

Sec. 1091. Sense of Congress regarding the reporting of the MV–22 mishap in Marana, Arizona, on April 8, 2000.

Sec. 1092. Transfer of surplus firearms to corporation for the promotion of rifle practice and firearms safety.

Sec. 1093. Sense of Congress regarding the importance of Panama City, Florida, to the history and future of the armed forces.

Sec. 1094. Protections relating to civil rights and disabilities.

Sec. 1095. Nonapplicability of certain executive order to Department of Defense and National Nuclear Security Administration.

Sec. 1096. Determination and disclosure of transportation costs incurred by Secretary of Defense for congressional trips outside the United States.

Sec. 1097. Waiver of certain polygraph examination requirements.

Sec. 1098. Use of Transportation Worker Identification Credential to gain access at Department of Defense installations.

Sec. 1098A. Limitation on availability of funds for destruction of certain landmines and report on development of replacement anti-personnel landmine munitions.

Sec. 1098B. Requirement for memorandum of understanding regarding transfer of detainees.

Sec. 1098C. Sense of congress regarding american veterans disabled for life.

Sec. 1098D. Study on military helicopter noise.

Sec. 1098E. Maritime Occupational Safety and Health Advisory Committee.

Sec. 1098F. Sense of Congress regarding United States Northern Command preparedness.

Sec. 1098G. Cost of Wars.

Sec. 1098H. Workforce issues for relocation of marines to Guam.

Sec. 1098I. Review of Department of Defense debt collection regulations.

Sec. 1098J. Importance of role played by women in World War II.

Sec. 1098K. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons.

Sec. 1098L. Project management.

Sec. 1099. Short title.

Sec. 1099A. Findings.

Sec. 1099B. Prohibition on modification, abrogation, or other related actions with respect to United States jurisdiction and control over United States Naval Station, Guantanamo Bay, Cuba, without congressional action.

Sec. 1099C. Guantanamo lease agreements defined.

Sec. 1101. Temporary direct hire authority for domestic defense industrial base facilities and the Major Range and Test Facilities Base.

Sec. 1102. Temporary personnel flexibilities for domestic defense industrial base facilities and Major Range and Test Facilities Base civilian personnel.

Sec. 1103. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1104. Advance payments for employees relocating within the United States and its territories.

Sec. 1105. Permanent authority for alternative personnel program for scientific and technical personnel.

Sec. 1106. Modification to information technology personnel exchange program.

Sec. 1107. Treatment of certain localities for calculation of per diem allowances.

Sec. 1108. Eligibility of employees in a time-limited appointment to compete for a permanent appointment at any Federal agency.

Sec. 1109. Limitation on administrative leave.

Sec. 1110. Record of investigation of personnel action in separated employee’s official personnel file.

Sec. 1111. Review of official personnel file of former Federal employees before rehiring.

Sec. 1112. Report on Department of Defense civilian workforce personnel and contractors.

Sec. 1113. Public-private talent exchange.

Sec. 1201. One-year extension of logistical support for coalition forces supporting certain United States military operations.

Sec. 1202. Extension of authority for training of general purpose forces of the United States Armed Forces with military and other security forces of friendly foreign countries.

Sec. 1203. Modification and extension of authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction.

Sec. 1204. Extension of authority for support of special operations to combat terrorism.

Sec. 1205. Modification and codification of reporting requirements relating to security cooperation authorities.

Sec. 1206. Independent assessment of Department of Defense security cooperation programs.

Sec. 1207. Sense of Congress regarding an assessment, monitoring, and evaluation framework for security cooperation.

Sec. 1208. Report on the prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights.

Sec. 1211. Extension and modification of Commanders’ Emergency Response Program.

Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1213. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 1214. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1215. Sense of Congress on United States policy and strategy in Afghanistan.

Sec. 1216. Special immigrant status for certain Afghans.

Sec. 1217. Modification to semiannual report on enhancing security and stability in Afghanistan.

Sec. 1218. Sense of Congress relating to Dr. Shakil Afridi.

Sec. 1219. Report on access to financial records of the Government of Afghanistan to audit the use of funds for assistance for Afghanistan.

Sec. 1221. Modification and extension of authority to provide assistance to the vetted Syrian opposition.

Sec. 1222. Modification and extension of authority to provide assistance to counter the Islamic State of Iraq and the Levant.

Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1224. Report on prevention of future terrorist organizations in Iraq and Syria.

Sec. 1225. Semiannual report on integration of political and military strategies against ISIL.

Sec. 1226. Sense of Congress condemning continuing attacks on medical facilities in Syria.

Sec. 1227. United Nations processing center in Erbil, Iraqi Kurdistan, to assist internationally-displaced communities.

Sec. 1228. Sense of Congress on business practices of the Islamic State of Iraq and Syria (ISIS).

Sec. 1229. Prohibition on transfer of man-portable air defense systems to any entity in Syria.

Sec. 1231. Limitation on use of funds to approve or otherwise permit approval of certain requests by Russian Federation under Open Skies Treaty.

Sec. 1232. Military response options to Russian Federation violation of INF Treaty.

Sec. 1233. Limitation on military cooperation between the United States and the Russian Federation.

Sec. 1234. Statement of policy on United States efforts in Europe to reassure United States partners and allies and deter aggression by the Government of the Russian Federation.

Sec. 1235. Modification of Ukraine security assistance initiative.

Sec. 1236. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1237. Modification and extension of report on military assistance to Ukraine.

Sec. 1238. Additional matters in annual report on military and security developments involving the Russian Federation.

Sec. 1241. Sense of Congress on malign activities of the Government of Iran.

Sec. 1242. Modification of annual report on military and security developments involving the People’s Republic of China.

Sec. 1243. Sense of Congress on trilateral cooperation between Japan, South Korea, and the United States.

Sec. 1244. Sense of Congress on cooperation between Singapore and the United States.

Sec. 1245. Monitoring and evaluation of overseas humanitarian, disaster, and civic aid programs of the Department of Defense.

Sec. 1246. Enhancement of interagency support during contingency operations and transition periods.

Sec. 1247. Two-year extension and modification of authorization of non-conventional assisted recovery capabilities.

Sec. 1248. Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama.

Sec. 1249. Strategy for United States defense interests in Africa.

Sec. 1250. United States-Israel directed energy cooperation.

Sec. 1251. Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1252. Sense of Congress on support for Georgia.

Sec. 1253. Modification of annual report on military power of Iran.

Sec. 1254. Sense of Congress on senior military exchanges between the United States and Taiwan.

Sec. 1255. Quarterly report on freedom of navigation operations.

Sec. 1256. Annual report on foreign military sales to Taiwan.

Sec. 1257. Sense of Congress on July 2016 NATO Summit in Warsaw, Poland.

Sec. 1258. Report on violence and cartel activity in Mexico.

Sec. 1259. United States policy on Taiwan.

Sec. 1259A. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1259B. Limitation on military contact and cooperation between the United States and Cuba.

Sec. 1259C. Global Engagement Center.

Sec. 1259D. Establishment of the Broadcasting Board of Governors Chief Executive Officer Position.

Sec. 1259E. United States International Broadcasting Act of 1994.

Sec. 1259F. Redesignation and enhancement of South China Sea Initiative.

Sec. 1259G. Opportunities to equip certain foreign military entities.

Sec. 1259H. Reports on INF Treaty and Open Skies Treaty.

Sec. 1259I. Sense of Congress regarding the role of the United States in the North Atlantic Treaty Organization.

Sec. 1259J. Authorization of United States assistance to Israel.

Sec. 1259K. Sense of Congress in support of a denuclearized Korean peninsula.

Sec. 1259L. Measures against persons involved in activities that violate arms control treaties or agreements with the United States.

Sec. 1259M. Department of Defense report on cooperation between Iran and the Russian Federation.

Sec. 1259N. Report on maintenance by Israel of a robust independent capability to remove existential security threats.

Sec. 1259O. Report on use by the Government of Iran of commercial aircraft and related services for illicit military or other activities.

Sec. 1259P. Authority to grant observer status to the military forces of Taiwan at RIMPAC exercises.

Sec. 1259Q. Agreements with foreign governments to develop land-based water resources in support of and in preparation for contingency operations.

Sec. 1259R. Extension of reporting requirements on the use of certain Iranian seaports by foreign vessels and use of foreign airports by sanctioned Iranian air carriers.

Sec. 1259S. Notification and assessment of ballistic missile launch by Iran.

Sec. 1259T. Sense of Congress on integrated ballistic missile defense system for GCC partner countries, Jordan, Egypt, and Israel.

Sec. 1259U. Authority to provide assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, Arabian Sea, or Mediterranean Sea.

Sec. 1259V. Sense of Congress on military relations between Vietnam and the United States.

Sec. 1259W. Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

Sec. 1261. Enactment of new chapter for Department of Defense security cooperation authorities and transfer of certain authorities to new chapter.

Sec. 1262. Enhancing defense and security cooperation with India.

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in People’s Republic of China.

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Chemical Agents and Munitions Destruction, Defense.

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1405. Defense Inspector General.

Sec. 1406. Defense Health Program.

Sec. 1407. National Sea-Based Deterrence Fund.

Sec. 1411. Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile.

Sec. 1412. Revisions to the Strategic and Critical Materials Stock Piling Act.

Sec. 1421. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

Sec. 1422. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1501. Purpose and treatment of certain authorizations of appropriations.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health program.

Sec. 1510. Counterterrorism Partnerships Fund.

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Sec. 1523. Codification of Office of Management and Budget criteria.

Sec. 1531. Afghanistan Security Forces Fund.

Sec. 1532. Joint Improvised Explosive Device Defeat Fund.

Sec. 1533. Extension of authority to use Joint Improvised Explosive Device Defeat Fund for training of foreign security forces to defeat improvised explosive devices.

Sec. 1601. Rocket propulsion system to replace RD–180.

Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of rocket engines for the evolved expendable launch vehicle program.

Sec. 1603. Analysis of alternatives for wide-band communications.

Sec. 1604. Modification to pilot program for acquisition of commercial satellite communication services.

Sec. 1605. Space-based environmental monitoring.

Sec. 1606. Prohibition on use of certain non-allied positioning, navigation, and timing systems.

Sec. 1607. Limitation of availability of funds for the Joint Space Operations Center Mission System.

Sec. 1608. Space-based infrared system and advanced extremely high frequency program.

Sec. 1609. Plans on transfer of acquisition and funding authority of certain weather missions to National Reconnaissance Office.

Sec. 1610. Pilot program on commercial weather data.

Sec. 1611. Organization and management of national security space activities of the Department of Defense.

Sec. 1612. Review of charter of Operationally Responsive Space Program Office.

Sec. 1613. Backup and complementary positioning, navigation, and timing capabilities of Global Positioning System.

Sec. 1614. Report on use of spacecraft assets of the space-based infrared system wide-field-of-view program.

Sec. 1621. Limitation on availability of funds for intelligence management.

Sec. 1622. Limitations on availability of funds for United States Central Command Intelligence Fusion Center.

Sec. 1623. Limitation on availability of funds for Joint Intelligence Analysis Complex.

Sec. 1631. Special emergency procurement authority to facilitate the defense against or recovery from a cyber attack.

Sec. 1632. Change in name of National Defense University’s Information Resources Management College to College of Information and Cyberspace.

Sec. 1633. Requirement to enter into agreements relating to use of cyber opposition forces.

Sec. 1634. Limitation on availability of funds for cryptographic systems and key management infrastructure.

Sec. 1635. Pilot programs on direct commissions to cyber positions.

Sec. 1636. Report on policies for responding to malicious cyber activities carried out against the United States or United States persons by foreign states or non-state actors.

Sec. 1637. Assessment on security of information held by cleared defense contractors.

Sec. 1638. Sense of Congress on cyber resiliency of the networks and communications systems of the National Guard.

Sec. 1639. Requirement for Army National Guard strategy to incorporate cyber protection teams into Department of Defense cyber mission force.

Sec. 1641. Improvements to Council on Oversight of National Leadership Command, Control, and Communications System.

Sec. 1642. Treatment of certain sensitive information by State and local governments.

Sec. 1643. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1644. Prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1645. Limitation on availability of funds for extension of New START Treaty.

Sec. 1646. Consolidation of nuclear command, control, and communications functions of the Air Force.

Sec. 1647. Report on Russian and Chinese political and military leadership survivability, command and control, and continuity of government programs and activities.

Sec. 1648. Sense of Congress on importance of independent nuclear deterrent of United Kingdom.

Sec. 1649. Requests for forces to meet security requirements for land-based nuclear forces.

Sec. 1649A. Matters related to intercontinental ballistic missiles.

Sec. 1651. Extensions of prohibitions relating to missile defense information and systems.

Sec. 1652. Review of the missile defeat policy and strategy of the United States.

Sec. 1653. Iron dome short-range rocket defense system and Israeli cooperative missile defense program codevelopment and coproduction.

Sec. 1654. Maximizing Aegis Ashore capability.

Sec. 1655. Technical authority for integrated air and missile defense activities and programs.

Sec. 1656. Development and research of non-terrestrial missile defense layer.

Sec. 1657. Hypersonic boost glide vehicle defense.

Sec. 1658. Limitation on availability of funds for Patriot lower tier air and missile defense capability of the Army.

Sec. 1659. Limitation on availability of funds for conventional prompt global strike weapons system.

Sec. 1660. Pilot program on loss of unclassified, controlled technical information.

Sec. 1661. Review of Missile Defense Agency budget submissions for ground-based midcourse defense and evaluation of alternative ground-based interceptor deployments.

Sec. 1662. Declaratory policy, concept of operations, and employment guidelines for left-of-launch capability.

Sec. 1663. Procurement of medium-range discrimination radar to improve homeland missile defense.

Sec. 1664. Semiannual notifications on missile defense tests and costs.

Sec. 1665. National missile defense policy.

Sec. 1666. Sense of Congress on initial operating capability of phase 2 of European Phased Adaptive Approach to missile defense.

Sec. 1671. Protection of certain facilities and assets from unmanned aircraft.

Sec. 1672. Improvement of coordination by Department of Defense of electromagnetic spectrum usage.

Sec. 1673. Harmful interference to Department of Defense Global Positioning System.

Sec. 1701. Modular open system approach in development of major weapon systems.

Sec. 1702. Development, prototyping, and deployment of weapon system components or technology.

Sec. 1703. Cost, schedule, and performance of major defense acquisition programs.

Sec. 1704. Transparency in major defense acquisition programs.

Sec. 1705. Amendments relating to technical data rights.

Sec. 1801. Plain language rewrite of requirements for small business procurements.

Sec. 1802. Improving reporting on small business goals.

Sec. 1803. Transparency in small business goals.

Sec. 1804. Uniformity in procurement terminology.

Sec. 1811. Scope of review by procurement center representatives.

Sec. 1812. Responsibilities of Commercial Market Representatives.

Sec. 1813. Duties of the Office of Small and Disadvantaged Business Utilization.

Sec. 1814. Improving contractor compliance.

Sec. 1815. Responsibilities of Business Opportunity Specialists.

Sec. 1821. Good faith in subcontracting.

Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings.

Sec. 1831. Amendments to the Mentor-Protege Program of the Department of Defense.

Sec. 1832. Improving cooperation between the mentor-protege programs of the Small Business Administration and the Department of Defense.

Sec. 1841. Office of Women’s Business Ownership.

Sec. 1842. Women’s Business Center Program.

Sec. 1843. Matching requirements under Women's Business Center Program.

Sec. 1851. SCORE Reauthorization.

Sec. 1852. SCORE program.

Sec. 1853. Online component.

Sec. 1854. Study and report on the future role of the score program.

Sec. 1855. Technical and conforming amendments.

Sec. 1861. Improving education on small business regulations.

Sec. 1862. Protecting task order competition.

Sec. 1863. Improvements to size standards for small agricultural producers.

Sec. 1864. Uniformity in service-disabled veteran definitions.

Sec. 1865. Required reports pertaining to capital planning and investment control.

Sec. 1866. Office of Hearings and Appeals.

Sec. 1867. Issuance of guidance on small business matters.

Sec. 1868. Role of small business development centers in cyber security and preparedness.

Sec. 1869. Additional cyber security assistance for small business development centers.

Sec. 1869A. Cybersecurity outreach for small business development centers.

Sec. 1869B. GAO study on small business cyber support services and small business development center cyber strategy.

Sec. 1869C. Prohibition on additional funds.

Sec. 1871. Short title.

Sec. 1872. Use of authorized entrepreneurial development programs.

Sec. 1873. Marketing of services.

Sec. 1874. Data collection.

Sec. 1875. Fees from private partnerships and cosponsorships.

Sec. 1876. Equity for small business development centers.

Sec. 1877. Confidentiality requirements.

Sec. 1878. Limitation on award of grants to small business development centers.

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2208. Status of “net negative” policy regarding Navy acreage on Guam.

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2306. Extension of authorization of certain fiscal year 2013 project.

Sec. 2307. Extension of authorization of certain fiscal year 2014 project.

Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands.

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Sec. 2611. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project.

Sec. 2613. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2614. Extension of authorization of certain fiscal year 2013 project.

Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account.

Sec. 2702. Prohibition on conducting additional Base Realignment and Closure (BRAC) round.

Sec. 2801. Modification of criteria for treatment of laboratory revitalization projects as minor military construction projects.

Sec. 2802. Classification of facility conversion projects as repair projects.

Sec. 2803. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2804. Extension of temporary authority for acceptance and use of contributions for certain construction, maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces.

Sec. 2805. Notice and reporting requirements for energy conservation construction projects.

Sec. 2806. Additional entities eligible for participation in defense laboratory modernization pilot program.

Sec. 2807. Sense of Congress on maximizing number of veterans employed on military construction projects.

Sec. 2811. Congressional notification for in-kind contributions for overseas military construction projects.

Sec. 2812. Prohibition on use of military installations to house unaccompanied alien children.

Sec. 2813. Allotment of space and provision of services to WIC offices operating on military installations.

Sec. 2814. Sense of Congress regarding need to consult with State and local officials prior to acquisitions of real property.

Sec. 2815. Sense of Congress regarding inclusion of stormwater systems and components within the meaning of “wastewater system” under the Department of Defense authority for conveyance of utility systems.

Sec. 2816. Assessment of public schools on Department of Defense installations.

Sec. 2817. Improved process for disposal of Department of Defense surplus real property located overseas.

Sec. 2821. Limited exceptions to restriction on development of public infrastructure in connection with realignment of Marine Corps forces in Asia-Pacific region.

Sec. 2831. Land conveyances, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska.

Sec. 2832. Land conveyance, Campion Air Force Radar Station, Galena, Alaska.

Sec. 2833. Exchange of property interests, San Diego Unified Port District, California.

Sec. 2834. Release of property interests retained in connection with land conveyance, Eglin Air Force Base, Florida.

Sec. 2835. Land exchange, Fort Hood, Texas.

Sec. 2836. Land conveyance, P-36 Warehouse, Colbern United States Army Reserve Center, Laredo, Texas.

Sec. 2837. Land conveyance, St. George National Guard Armory, St. George, Utah.

Sec. 2838. Release of restrictions, Richland Innovation Center, Richland, Washington.

Sec. 2839. Modification of land conveyance, Rocky Mountain Arsenal National Wildlife Refuge.

Sec. 2839A. Closure of St. Marys Airport.

Sec. 2839B. Prohibition on transfer of administrative jurisdiction, portion of Organ Mountains Area, Fillmore Canyon, New Mexico.

Sec. 2841. Bureau of Land Management withdrawn military lands under Military Lands Withdrawal Act of 1999.

Sec. 2842. Permanent withdrawal or transfer of administrative jurisdiction of public land, Naval Air Weapons Station China Lake, California.

Sec. 2851. Cyber Center for Education and Innovation–Home of the National Cryptologic Museum.

Sec. 2852. Renaming site of the Dayton Aviation Heritage National Historical Park, Ohio.

Sec. 2853. Support for military service memorials and museums highlighting role of women in the military.

Sec. 2854. Petersburg National Battlefield boundary modification.

Sec. 2855. Amendments to the National Historic Preservation Act.

Sec. 2856. Recognition of the National Museum of World War II Aviation.

Sec. 2857. Battleship preservation grant program.

Sec. 2861. Designation of portion of Moffett Federal Airfield, California, as Moffett Air National Guard Base.

Sec. 2862. Redesignation of Mike O’Callaghan Federal Medical Center.

Sec. 2863. Transfer of certain items of the Omar Bradley Foundation to the descendants of General Omar Bradley.

Sec. 2864. Protection and recovery of Greater Sage Grouse.

Sec. 2865. Implementation of lesser prairie-chicken range-wide conservation plan and other conservation measures.

Sec. 2866. Removal of endangered species status for American burying beetle.

Sec. 2867. Report on documentation for acquisition of certain properties along Columbia River, Washington, by Corps of Engineers.

Sec. 2901. Authorized Navy construction and land acquisition projects.

Sec. 2902. Authorized Air Force construction and land acquisition projects.

Sec. 2903. Authorization of appropriations.

Sec. 3001. Findings and definitions.

Sec. 3011. Management of BLM land.

Sec. 3012. Temporary closures.

Sec. 3013. Community resource group.

Sec. 3014. Liability.

Sec. 3015. Effects of subtitle.

Sec. 3021. Findings and purpose.

Sec. 3022. Definitions.

Sec. 3023. Exchange of Federal land and non-Federal land.

Sec. 3024. Status and management of non-Federal land after exchange.

Sec. 3025. Hazardous materials.

Sec. 3031. Recognition and transfer of certain highway rights-of-way.

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Sec. 3111. Independent acquisition project reviews of capital assets acquisition projects.

Sec. 3112. Research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3113. Disposition of weapons-usable plutonium.

Sec. 3114. Design basis threat.

Sec. 3115. Prohibition on availability of funds for provision of certain assistance to Russian Federation.

Sec. 3116. Limitation on availability of funds for Federal salaries and expenses.

Sec. 3117. Limitation on availability of funds for defense environmental cleanup program direction.

Sec. 3118. Limitation on availability of funds for acceleration of nuclear weapons dismantlement.

Sec. 3119. Annual certification of shipments to Waste Isolation Pilot Plant.

Sec. 3119A. Limitation on availability of funds for the Department of Energy.

Sec. 3119B. Sense of Congress regarding accounting practices by laboratory operating contractors and plant or site managers of National Nuclear Security Administration facilities.

Sec. 3119C. Protection of certain nuclear facilities from unmanned aircraft.

Sec. 3121. Clarification of annual report and certification on status of security of atomic energy defense facilities.

Sec. 3122. Annual report on service support contracts of the National Nuclear Security Administration.

Sec. 3123. Repeal of certain reporting requirements.

Sec. 3124. Independent assessment of technology development under defense environmental cleanup program.

Sec. 3125. Updated plan for verification and monitoring of proliferation of nuclear weapons and fissile material.

Sec. 3126. Briefing on the information-interchange of low-enriched uranium.

Sec. 3201. Authorization.

Sec. 3301. Short title.

Sec. 3302. Nuclear energy.

Sec. 3303. Nuclear energy research programs.

Sec. 3304. Advanced fuel cycle initiative.

Sec. 3305. University nuclear science and engineering support.

Sec. 3306. Department of Energy civilian nuclear infrastructure and facilities.

Sec. 3307. Security of nuclear facilities.

Sec. 3308. High-performance computation and supportive research.

Sec. 3309. Enabling nuclear energy innovation.

Sec. 3310. Budget plan.

Sec. 3311. Conforming amendments.

Sec. 3401. Authorization of appropriations.

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Authority to make pro rata annual payments under operating agreements for vessels participating in Maritime Security Fleet.

Sec. 3503. Authority to extend certain age restrictions relating to vessels in the Maritime Security Fleet.

Sec. 3504. Corrections to provisions enacted by Coast Guard Authorization Acts.

Sec. 3505. Status of National Defense Reserve Fleet vessels.

Sec. 3506. NDRF national security multi-mission vessel.

Sec. 3507. United States Merchant Marine Academy.

Sec. 3508. Use of National Defense Reserve Fleet scrapping proceeds.

Sec. 3509. Floating dry docks.

Sec. 3510. Expedited processing of applications for transportation security cards for separating members of the Armed Forces and veterans.

Sec. 3511. Training under Transition Assistance Program on employment opportunities associated with transportation security cards.

Sec. 3512. Application of law.

Sec. 3601. Short title.

Sec. 3602. Definitions.

Sec. 3603. Regulation and enforcement.

Sec. 3604. Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel.

Sec. 3605. Treatment technology certification.

Sec. 3606. Exemptions.

Sec. 3607. Alternative compliance program.

Sec. 3608. Judicial review.

Sec. 3609. Effect on State authority.

Sec. 3610. Application with other statutes.

Sec. 4001. Authorization of amounts in funding tables.

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Sec. 4103. Procurement for overseas contingency operations for base requirements.

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

Sec. 4203. Research, development, test, and evaluation for overseas contingency operations for base requirements.

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Sec. 4303. Operation and maintenance for overseas contingency operations for base requirements.

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Sec. 4403. Military personnel for overseas contingency operations for base requirements.

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Sec. 4503. Other authorizations for overseas contingency operations for base requirements.

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Sec. 4603. Military construction for overseas contingency operations for base requirements.

Sec. 4701. Department of Energy national security programs.

Sec. 6000. Short title.

Sec. 6001. Definitions.

Sec. 6002. Clarification of persons subject to UCMJ while on inactive-duty training.

Sec. 6003. Staff judge advocate disqualification due to prior involvement in case.

Sec. 6004. Conforming amendment relating to military magistrates.

Sec. 6005. Rights of victim.

Sec. 6101. Restraint of persons charged.

Sec. 6102. Modification of prohibition of confinement of armed forces members with enemy prisoners and certain others.

Sec. 6201. Modification of confinement as non-judicial punishment.

Sec. 6301. Courts-martial classified.

Sec. 6302. Jurisdiction of general courts-martial.

Sec. 6303. Jurisdiction of special courts-martial.

Sec. 6304. Summary court-martial as non-criminal forum.

Sec. 6401. Technical amendment relating to persons authorized to convene general courts-martial.

Sec. 6402. Who may serve on courts-martial; detail of members.

Sec. 6403. Number of court-martial members in capital cases.

Sec. 6404. Detailing, qualifications, etc. of military judges.

Sec. 6405. Qualifications of trial counsel and defense counsel.

Sec. 6406. Assembly and impaneling of members; detail of new members and military judges.

Sec. 6407. Military magistrates.

Sec. 6501. Charges and specifications.

Sec. 6502. Preliminary hearing required before referral to general court-martial.

Sec. 6503. Disposition guidance.

Sec. 6504. Advice to convening authority before referral for trial.

Sec. 6505. Service of charges and commencement of trial.

Sec. 6601. Duties of assistant defense counsel.

Sec. 6602. Sessions.

Sec. 6603. Technical amendment relating to continuances.

Sec. 6604. Conforming amendments relating to challenges.

Sec. 6605. Statute of limitations.

Sec. 6606. Former jeopardy.

Sec. 6607. Pleas of the accused.

Sec. 6608. Contempt.

Sec. 6609. Depositions.

Sec. 6610. Admissibility of sworn testimony by audiotape or videotape from records of courts of inquiry.

Sec. 6611. Conforming amendment relating to defense of lack of mental responsibility.

Sec. 6612. Voting and rulings.

Sec. 6613. Votes required for conviction, sentencing, and other matters.

Sec. 6614. Plea agreements.

Sec. 6615. Record of trial.

Sec. 6701. Sentencing.

Sec. 6701A. Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces.

Sec. 6702. Effective date of sentences.

Sec. 6703. Sentence of reduction in enlisted grade.

Sec. 6801. Post-trial processing in general and special courts-martial.

Sec. 6802. Limited authority to act on sentence in specified post-trial circumstances.

Sec. 6803. Post-trial actions in summary courts-martial and certain general and special courts-martial.

Sec. 6804. Entry of judgment.

Sec. 6805. Waiver of right to appeal and withdrawal of appeal.

Sec. 6806. Appeal by the United States.

Sec. 6807. Rehearings.

Sec. 6808. Judge advocate review of finding of guilty in summary court-martial.

Sec. 6809. Transmittal and review of records.

Sec. 6810. Courts of criminal appeals.

Sec. 6811. Review by court of appeals for the armed forces.

Sec. 6812. Supreme Court review.

Sec. 6813. Review by Judge Advocate General.

Sec. 6814. Appellate defense counsel in death penalty cases.

Sec. 6815. Authority for hearing on vacation of suspension of sentence to be conducted by qualified judge advocate.

Sec. 6816. Extension of time for petition for new trial.

Sec. 6817. Restoration.

Sec. 6818. Leave requirements pending review of certain court-martial convictions.

Sec. 6901. Reorganization of punitive articles.

Sec. 6902. Conviction of offense charged, lesser included offenses, and attempts.

Sec. 6903. Soliciting commission of offenses.

Sec. 6904. Malingering.

Sec. 6905. Breach of medical quarantine.

Sec. 6906. Missing movement; jumping from vessel.

Sec. 6907. Offenses against correctional custody and restriction.

Sec. 6908. Disrespect toward superior commissioned officer; assault of superior commissioned officer.

Sec. 6909. Willfully disobeying superior commissioned officer.

Sec. 6910. Prohibited activities with military recruit or trainee by person in position of special trust.

Sec. 6911. Offenses by sentinel or lookout.

Sec. 6912. Disrespect toward sentinel or lookout.

Sec. 6913. Release of prisoner without authority; drinking with prisoner.

Sec. 6914. Penalty for acting as a spy.

Sec. 6915. Public records offenses.

Sec. 6916. False or unauthorized pass offenses.

Sec. 6917. Impersonation offenses.

Sec. 6918. Insignia offenses.

Sec. 6919. False official statements; false swearing.

Sec. 6920. Parole violation.

Sec. 6921. Wrongful taking, opening, etc. of mail matter.

Sec. 6922. Improper hazarding of vessel or aircraft.

Sec. 6923. Leaving scene of vehicle accident.

Sec. 6924. Drunkenness and other incapacitation offenses.

Sec. 6925. Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel.

Sec. 6926. Endangerment offenses.

Sec. 6927. Communicating threats.

Sec. 6928. Technical amendment relating to murder.

Sec. 6929. Child endangerment.

Sec. 6930. Deposit of obscene matter in the mail.

Sec. 6931. Fraudulent use of credit cards, debit cards, and other access devices.

Sec. 6932. False pretenses to obtain services.

Sec. 6933. Robbery.

Sec. 6934. Receiving stolen property.

Sec. 6935. Offenses concerning government computers.

Sec. 6936. Bribery.

Sec. 6937. Graft.

Sec. 6938. Kidnapping.

Sec. 6939. Arson; burning property with intent to defraud.

Sec. 6940. Assault.

Sec. 6941. Burglary and unlawful entry.

Sec. 6942. Stalking.

Sec. 6943. Subornation of perjury.

Sec. 6944. Obstructing justice.

Sec. 6945. Misprision of serious offense.

Sec. 6946. Wrongful refusal to testify.

Sec. 6947. Prevention of authorized seizure of property.

Sec. 6948. Wrongful interference with adverse administrative proceeding.

Sec. 6949. Retaliation.

Sec. 6950. Extraterritorial application of certain offenses.

Sec. 6951. Table of sections.

Sec. 7001. Technical amendment relating to courts of inquiry.

Sec. 7002. Technical amendment to article 136.

Sec. 7003. Articles of Uniform Code of Military Justice to be explained to officers upon commissioning.

Sec. 7004. Military justice case management; data collection and accessibility.

Sec. 7005. Return of Certain Lands At Fort Wingate to The Original Inhabitants Act.

Sec. 7101. Military justice review panel.

Sec. 7102. Annual reports.

Sec. 7201. Amendments to UCMJ subchapter tables of sections.

Sec. 7202. Effective dates.

Sec. 7301. Short title.

Sec. 7302. Recognition of the suffering and loyalty of the residents of Guam.

Sec. 7303. Guam World War II Claims Fund.

Sec. 7304. Payments for Guam World War II claims.

Sec. 7305. Adjudication.

Sec. 7306. Grants program to memorialize the occupation of Guam during World War II.

Sec. 7307. Authorization of appropriations.

SEC. 3. Congressional defense committees.

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

SEC. 101. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2017 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

SEC. 111. Multiyear procurement authority for AH–64E Apache helicopters.

(a) Authority for Multiyear Procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2017 program year, for the procurement of AH–64E Apache helicopters.

(b) Condition for Out-year Contract Payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such later fiscal year.

SEC. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2017 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters.

(b) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such later fiscal year.

SEC. 113. Assessment of certain capabilities of the Department of the Army.

(a) Assessment.—The Secretary of Defense, in consultation with the Secretary of the Army and the Chief of Staff of the Army, shall conduct an assessment of the following capabilities with respect to the Department of the Army:

(1) The capacity of AH–64 Apache-equipped attack reconnaissance battalions to meet future needs.

(2) Air defense artillery capacity and responsiveness, including—

(A) the capacity of short-range air defense artillery to address existing and emerging threats, including threats posed by unmanned aerial systems, cruise missiles, and manned aircraft; and

(B) the potential for commercial off-the-shelf solutions.

(3) Chemical, biological, radiological, and nuclear capabilities and modernization needs.

(4) Field artillery capabilities, including—

(A) modernization needs;

(B) munitions inventory shortfalls; and

(C) changes in doctrine and war plans consistent with the Memorandum of the Secretary of Defense dated June 19, 2008, regarding the Department of Defense policy on cluster munitions and unintended harm to civilians.

(5) Fuel distribution and water purification capacity and responsiveness.

(6) Watercraft and port-opening capabilities and responsiveness.

(7) Transportation capacity and responsiveness, particularly with respect to the transportation of fuel, water, and cargo.

(8) Military police capacity.

(9) Tactical mobility and tactical wheeled vehicle capacity, including heavy equipment prime movers.

(b) Report.—Not later than April 1, 2017, the Secretary of Defense shall submit to the congressional defense committees a report containing—

(1) the assessment conducted under subsection (a);

(2) recommendations for reducing or eliminating shortfalls in responsiveness and capacity with respect to each of the capabilities described in such subsection; and

(3) an estimate of the costs of implementing such recommendations.

(c) Form.—The report under subsection (b) shall be submitted in unclassified form, but may include a classified annex.

SEC. 114. Funding for surface-to-air missile system.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for procurement, as specified in the corresponding funding table in section 4101, for missile procurement, Army, surface-to-air missile system, MSE missile (Line 002) is hereby increased by $82,400,000.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for Department of Energy national security programs, as specified in the corresponding funding table in section 4701, for Defense Nuclear Nonproliferation, Defense Nuclear Nonproliferation Programs, Defense Nuclear Nonproliferation R&D, Material management and minimization is hereby reduced by $82,400,000.

SEC. 121. Procurement authority for aircraft carrier programs.

(a) Procurement authority in support of construction of Ford class aircraft carriers.—

(1) AUTHORITY FOR ECONOMIC ORDER QUANTITY.—The Secretary of the Navy may procure materiel and equipment in support of the construction of the Ford class aircraft carriers designated CVN–80 and CVN–81 in economic order quantities when cost savings are achievable.

(2) LIABILITY.—Any contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

(b) Refueling and complex overhaul of Nimitz class aircraft carriers.—

(1) IN GENERAL.—The Secretary of the Navy may carry out the nuclear refueling and complex overhaul of each of the following Nimitz class aircraft carriers:

(A) U.S.S. George Washington (CVN–73).

(B) U.S.S. John C. Stennis (CVN–74).

(C) U.S.S. Harry S. Truman (CVN–75).

(D) U.S.S. Ronald Reagan (CVN–76).

(E) U.S.S. George H.W. Bush (CVN–77).

(2) USE OF INCREMENTAL FUNDING.—With respect to any contract entered into under paragraph (1) for the nuclear refueling and complex overhaul of a Nimitz class aircraft carrier, the Secretary may use incremental funding for a period not to exceed six years after advance procurement funds for such nuclear refueling and complex overhaul effort are first obligated.

(3) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—Any contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for that later fiscal year.

SEC. 122. Sense of Congress on aircraft carrier procurement schedules.

(a) Findings.—Congress finds the following:

(1) In a report submitted to Congress on March 17, 2015, the Secretary of the Navy indicated the Department of the Navy has a requirement of 11 aircraft carriers.

(2) In the Congressional Budget Office report titled “An Analysis of the Navy’s Fiscal Year 2016 Shipbuilding Plan”, the Office stated as follows: “To prevent the carrier force from declining to 10 ships in the 2040s, 1 short of its inventory goal of 11, the Navy could accelerate purchases after 2018 to 1 every four years, rather than 1 every five years”.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the plan of the Department of the Navy to schedule the procurement of one aircraft carrier every five years will reduce the overall aircraft carrier inventory to 10 aircraft carriers, a level insufficient to meet peacetime and war plan requirements; and

(2) to accommodate the required aircraft carrier force structure, the Department of the Navy should—

(A) begin to program construction for the Ford class aircraft carrier designated CVN–81 in fiscal year 2022; and

(B) program the required advance procurement activities to accommodate the construction of such carrier.

SEC. 123. Design and construction of LHA replacement ship designated LHA 8.

(a) In general.—The Secretary of the Navy may enter into a contract, beginning with the fiscal year 2017 program year, for the design and construction of the LHA Replacement ship designated LHA 8 using amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy.

(b) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract.

(c) Condition for out-year contract payments.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such fiscal year.

SEC. 124. Design and construction of replacement dock landing ship designated LX(R) or amphibious transport dock designated LPD–29.

(a) In general.—The Secretary of the Navy may enter into a contract, beginning with the fiscal year 2017 program year, for the design and construction of the replacement dock landing ship designated LX(R) or the amphibious transport dock designated LPD–29 using amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy.

(b) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract.

(c) Condition for out-year contract payments.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such fiscal year.

SEC. 125. Ship to shore connector program.

(a) Contract authority.—Notwithstanding section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a contract to procure up to 45 Ship to Shore Connector craft.

(b) Liability.—Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that the total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

SEC. 126. Limitation on availability of funds for Littoral Combat Ship or successor frigate.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Navy shall be used to select only a single contractor for the construction of the Littoral Combat Ship or any successor frigate class ship program until the Secretary of the Navy certifies to the congressional defense committees that such selection of a single contractor will be conducted—

(1) using competitive procedures; and

(2) for the limited purpose of awarding a contract for—

(A) an engineering change proposal for a frigate class ship; or

(B) the construction of a frigate class ship.

SEC. 127. Report on P–8 Poseidon aircraft.

(a) Report required.—Not later than October 1, 2017, the Secretary of the Navy shall submit to the congressional defense committees a report regarding future capabilities for the P–8 Poseidon aircraft.

(b) Elements.—The report under subsection (a) shall include, with respect to the P–8 Poseidon aircraft, the following:

(1) A review of possible upgrades by the Navy to the sensors onboard the aircraft, including intelligence, surveillance, and reconnaissance sensors currently being fielded on Air Force platforms.

(2) An assessment of the ability of the Navy to use long-range multispectral imaging systems onboard the aircraft.

SEC. 131. Elimination of annual report on aircraft inventory.

Section 231a of title 10, United States Code, is amended—

(1) by striking subsection (e); and

(2) by redesignating subsection (f) as subsection (e).

SEC. 132. Repeal of requirement to preserve certain retired C–5 aircraft.

Section 141 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1659) is amended by striking subsection (d).

SEC. 133. Repeal of requirement to preserve certain retired F–117 aircraft.

Section 136 of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) is amended by striking subsection (b).

SEC. 134. Prohibition on availability of funds for retirement of A–10 aircraft.

(a) Prohibition on Availability of Funds for Retirement.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft.

(b) Additional limitation on retirement.—In addition to the prohibition in subsection (a), the Secretary of the Air Force may not retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report under subsection (e)(2).

(c) Prohibition on significant reductions in manning levels.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Air Force may be obligated or expended to make significant reductions to manning levels with respect to any A–10 aircraft squadrons or divisions.

(d) Minimum inventory requirement.—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 until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report under subsection (e)(2).

(e) Reports required.—

(1) The Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes—

(A) the results and findings of the initial operational test and evaluation of the F–35 aircraft program; and

(B) a comparison test and evaluation that examines the capabilities of the F–35A and A–10C aircraft in conducting close air support, combat search and rescue, and forward air controller airborne missions.

(2) Not later than 180 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—

(A) the views of the Secretary with respect to the results of the initial operational test and evaluation of the F–35 aircraft program as summarized in the report under paragraph (1), including any issues or concerns of the Secretary with respect to such results;

(B) a plan for addressing any deficiencies and carrying out any corrective actions identified in such report; and

(C) short-term and long-term strategies for preserving the capability of the Air Force to conduct close air support, combat search and rescue, and forward air controller airborne missions.

(f) Special rule.—

(1) Subject to paragraph (2), the Secretary of the Air Force may carry out the transition of the A–10 unit at Fort Wayne Air National Guard Base, Indiana, to an F–16 unit as described by the Secretary in the Force Structure Actions map submitted in support of the budget of the President for fiscal year 2017 (as submitted to Congress under section 1105(a) of title 31, United States Code).

(2) Subsections (a) through (e) shall apply with respect to any A–10 aircraft affected by the transition described in paragraph (1).

SEC. 135. Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System aircraft.

(a) Prohibition.—Except as provided by subsection (b) and in addition to the prohibition under section 144 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 758) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2018 for the Air Force may be obligated or expended to retire, or prepare to retire, any Joint Surveillance Target Attack Radar System aircraft.

(b) Exception.—The prohibition in subsection (a) shall not apply to individual Joint Surveillance Target Attack Radar System aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

SEC. 136. Report on cost of B–21 aircraft.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the cost of the B–21 aircraft. The report shall include an estimate of the total cost of research, production, and maintenance for the aircraft expressed in constant base-year dollars and in current dollars.

SEC. 137. Prohibition on availability of funds for retirement of U–2 aircraft.

None of the funds authorized to be appropriated by this Act or otherwise made available for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any U–2 aircraft.

SEC. 141. Termination of quarterly reporting on use of combat mission requirements funds.

Section 123(a)(1) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4158; 10 U.S.C. 167 note.) is amended by inserting “ending on or before September 30, 2018” after “each fiscal quarter”.

SEC. 142. Fire suppressant and fuel containment standards for certain vehicles.

(a) Guidance required.—

(1) The Secretary of the Army shall issue guidance regarding fire suppressant and fuel containment standards for covered vehicles of the Army.

(2) The Secretary of the Navy shall issue guidance regarding fire suppressant and fuel containment standards for covered vehicles of the Marine Corps.

(b) Elements.—The guidance regarding fire suppressant and fuel containment standards issued pursuant to subsection (a) shall—

(1) meet the survivability requirements applicable to each class of covered vehicles;

(2) include standards for vehicle armor, vehicle fire suppression systems, and fuel containment technologies in covered vehicles; and

(3) balance cost, survivability, and mobility.

(c) Report to congress.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes—

(1) the policy guidance established pursuant to subsection (a), set forth separately for each class of covered vehicle; and

(2) any other information the Secretaries determine to be appropriate.

(d) Covered vehicles.—In this section, the term “covered vehicles” means ground vehicles acquired on or after October 1, 2018, under a major defense acquisition program (as such term is defined in section 2430 of title 10, United States Code), including light tactical vehicles, medium tactical vehicles, heavy tactical vehicles, and ground combat vehicles.

SEC. 143. Report on Department of Defense munitions strategy for the combatant commands.

(a) Report required.—Not later than April 1, 2017, the Secretary of Defense shall submit to the congressional defense committees a report on the munitions strategy for the combatant commands, including an identification of munitions requirements, an assessment of munitions gaps and shortfalls, and necessary munitions investments. Such strategy shall cover the 10-year period beginning with 2016.

(b) Elements.—The report on munitions strategy required by subsection (a) shall include the following:

(1) An identification of current and projected munitions requirements, by class or type.

(2) An assessment of munitions gaps and shortfalls, including a census of current munitions capabilities and programs, not including ammunition.

(3) A description of current and planned munitions programs, including with respect to procurement; research, development, test, and evaluation; and deployment activities.

(4) Schedules, estimated costs, and budget plans for current and planned munitions programs.

(5) Identification of opportunities and limitations within the associated industrial base.

(6) Identification and evaluation of technology needs and applicable emerging technologies.

(7) An assessment of how current and planned munitions programs, and promising technologies, may affect existing operational concepts and capabilities of the military departments or lead to new operational concepts and capabilities.

(8) An assessment of programs and capabilities by other countries to counter the munitions programs and capabilities of the Armed Forces, not including with respect to ammunition, and how such assessment affects the munitions strategy of each military department.

(9) An assessment of how munitions capability and capacity may be affected by changes consistent with the Memorandum of the Secretary of Defense dated June 19, 2008, regarding the Department of Defense policy on cluster munitions and unintended harm to civilians.

(10) Any other matters the Secretary determines appropriate.

(c) Form.—The report under subsection (a) may be submitted in classified or unclassified form.

SEC. 144. Comptroller General review of F–35 Lightning II aircraft sustainment support.

(a) Review.—Not later than September 30, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report on the sustainment support structure for the F–35 Lightning II aircraft program.

(b) Elements.—The review under subsection (a) shall include, with respect to the F–35 Lightning II aircraft program, the following:

(1) The status of the sustainment support strategy for the program, including goals for personnel training, required infrastructure, and fleet readiness.

(2) Approaches, including performance-based logistics, considered in developing the sustainment support strategy for the program.

(3) Other information regarding sustainment and logistics support for the program that the Comptroller General determines to be of critical importance to the long-term viability of the program.

SEC. 145. Briefing on acquisition strategy for Ground Mobility Vehicle.

(a) Briefing required.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Secretary of the Army, shall present to the congressional defense committees a briefing on the acquisition strategy for the Ground Mobility Vehicle for use with the Global Response Force.

(b) Elements.—The briefing under subsection (a) shall include an assessment of—

(1) whether the Ground Mobility Vehicle is a suitable candidate for solutions that would utilize militarized commercial off-the-shelf platforms leveraging existing global automotive supply chains to satisfy requirements and reduce the life-cycle cost of the program;

(2) whether the acquisition strategy meets the focus areas specified in the Better Buying Power initiative of the Secretary of Defense; and

(3) whether including an active safety system like electronic stability control in the Ground Mobility Vehicle, as such system is used on the Joint Light Tactical Vehicle, is expected to reduce the risk of vehicle rollover.

SEC. 146. Standardization of 5.56mm rifle ammunition.

(a) Report.—If, on the date that is 180 days after the date of the enactment of this Act, the Army and the Marine Corps are each using different variants of 5.56mm rifle ammunition, the Secretary of Defense shall, on such date, submit to the congressional defense committees a report explaining the reasons that the Army and the Marine Corps are using different variants of such ammunition.

(b) Standardization requirement.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the Army and the Marine Corps are using the same variant of 5.56mm rifle ammunition.

(c) Exception.—Subsection (b) shall not apply in a case in which the Secretary of Defense—

(1) determines that a state of emergency requires the Army and the Marine Corps to use different variants of 5.56mm rifle ammunition; and

(2) certifies to the congressional defense committees that such a determination has been made.

SEC. 201. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2017 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.

SEC. 211. Laboratory quality enhancement program.

(a) In general.—The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering, shall carry out a Program to be known as the “Laboratory Quality Enhancement Program” under which the Secretary shall establish the panels described in subsection (b) and direct such panels—

(1) to review and make recommendations to the Secretary with respect to—

(A) existing policies and practices affecting the science and technology reinvention laboratories to improve the research output of such laboratories; and

(B) new initiatives proposed by the science and technology reinvention laboratories;

(2) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and

(3) to conduct assessments or data analysis on such other issues as the Secretary determines to be appropriate.

(b) Panels.—The panels described in this subsection are:

(1) A panel on personnel, workforce development, and talent management.

(2) A panel on facilities and infrastructure.

(3) A panel on research strategy, technology transfer, and industry partnerships.

(4) A panel on oversight, administrative, and regulatory processes.

(c) Composition of panels.—

(1) Each panel described in subsection (b) shall be composed of not less than 4 members.

(2) Each panel described in paragraphs (1) through (3) of subsection (b) shall be composed of subject matter and technical management experts from—

(A) laboratories and research centers of the Army, Navy and Air Force;

(B) appropriate Defense Agencies;

(C) the Office of the Assistant Secretary of Defense for Research and Engineering; and

(D) such other entities of the Department of Defense as the Secretary determines to be appropriate.

(3) The panel described in subsection (b)(4) shall be composed of—

(A) the Director of the Army Research Laboratory;

(B) the Director of the Air Force Research Laboratory;

(C) the Director of the Naval Research Laboratory; and

(D) such other members as the Secretary determines to be appropriate.

(d) Governance of panels.—

(1) The chairperson of each panel shall be selected by its members.

(2) The panel described in subsection (b)(4) shall—

(A) oversee the activities of the panels described in paragraphs (1) through (3) of subsection (b);

(B) determine the subject matter to be considered by the panels; and

(C) provide the recommendations of the panels to the Secretary.

(e) Personnel demonstration project authority.—Section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721) (as amended by section 1114(a)(2)(C) of the National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 1654A–315)) is amended by adding at the end the following new paragraph:

“(4) In carrying out this subsection, the Secretary shall act through the Assistant Secretary of Defense for Research and Engineering.”.

(f) Science and technology reinvention laboratory defined.—In this section, the term “science and technology reinvention laboratory” means a science and technology reinvention laboratory designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note).

SEC. 212. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note), as most recently amended by section 262 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66), is amended—

(1) in subsection (a)(1), by striking “not more than”; and

(2) by amending subsection (d) to read as follows:

“(d) Special rule.—For purposes of this section, a federally funded research and development center shall be considered a defense laboratory if the center is sponsored by the Department of Defense.”.

SEC. 213. Notification requirement for certain rapid prototyping, experimentation, and demonstration activities.

(a) Notice required.—The Secretary of the Navy shall not initiate a covered activity until a period of 10 business days has elapsed following the date on which the Secretary submits to the congressional defense committees the notice described in subsection (b) with respect to such activity.

(b) Elements of notice.—The notice described in this subsection is a written notice of the intention of the Secretary to initiate a covered activity. Each such notice shall include the following:

(1) A description of the activity.

(2) Estimated costs and funding sources for the activity, including a description of any cost-sharing or in-kind support arrangements with other participants.

(3) A description of any transition agreement, including the identity of any partner organization that may receive the results of the covered activity under such an agreement.

(4) Identification of major milestones and the anticipated date of completion of the activity.

(c) Covered activity.—In this section, the term “covered activity” means a rapid prototyping, experimentation, or demonstration activity carried out under program element 0603382N.

(d) Sunset.—The requirements of this section shall terminate 5 years after the date of the enactment of this Act.

SEC. 214. Improved biosafety for handling of select agents and toxins.

(a) Quality control and quality assurance program.—The Secretary of Defense, acting through the executive agent for the biological select agent and toxin biosafety program of the Department of Defense, shall carry out a program to implement certain quality control and quality assurance measures at each covered facility.

(b) Quality control and quality assurance measures.—Subject to subsection (c), the quality control and quality assurance measures implemented at each covered facility under subsection (a) shall include the following:

(1) Designation of an external manager to oversee quality assurance and quality control.

(2) Environmental sampling and inspection.

(3) Production procedures that prohibit operations where live biological select agents and toxins are used in the same laboratory where viability testing is conducted.

(4) Production procedures that prohibit work on multiple organisms or multiple strains of one organism within the same biosafety cabinet.

(5) A video surveillance program that uses video monitoring as a tool to improve laboratory practices in accordance with regulatory requirements.

(6) Formal, recurring data reviews of production in an effort to identify data trends and nonconformance issues before such issues affect end products.

(7) Validated protocols for production processes to ensure that process deviations are adequately vetted prior to implementation.

(8) Maintenance and calibration procedures and schedules for all tools, equipment, and irradiators.

(c) Waiver.—In carrying out the program under subsection (a), the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of national defense.

(d) Study and report required.—

(1) The Secretary of Defense shall carry out a study to evaluate—

(A) the feasibility of consolidating covered facilities within a unified command to minimize risk;

(B) opportunities to partner with industry for the production of biological select agents and toxins and related services in lieu of maintaining such capabilities within the Department of the Army; and

(C) whether operations under the biological select agent and toxin production program should be transferred to another government or commercial laboratory that may be better suited to execute production for non-Department of Defense customers.

(2) Not later than February 1, 2017, the Secretary shall submit to the congressional defense committees a report on the results of the study under paragraph (1).

(e) Comptroller general review.—Not later than September 1, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report that includes the following:

(1) A review of—

(A) the actions taken by the Department of Defense to address the findings and recommendations of the report of the Department of the Army titled “Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds”, dated December 15, 2015, including any actions taken to address the culture of complacency in the biological select agent and toxin production program identified in such report; and

(B) the progress of the Secretary in carrying out the program under subsection (a).

(2) An analysis of the study and report under subsection (d).

(f) Definitions.—In this section:

(1) The term “covered facility” means any facility of the Department of Defense that produces biological select agents and toxins.

(2) The term “biological select agent and toxin” means any agent or toxin identified under—

(A) section 331.3 of title 7, Code of Federal Regulations;

(B) section 121.3 or section 121.4 of title 9, Code of Federal Regulations; or

(C) section 73.3 or section 73.4 of title 42, Code of Federal Regulations.

SEC. 215. Modernization of security clearance information technology architecture.

(a) In general.—The Secretary of Defense, in consultation with the Director of National Intelligence and the Director of the Office of Personnel Management, shall develop and implement an information technology system (in this section referred to as the “System”) to—

(1) modernize and sustain the security clearance information architecture of the National Background Investigations Bureau and the Department of Defense;

(2) support decision-making processes for the evaluation and granting of personnel security clearances;

(3) improve cyber security capabilities with respect to sensitive security clearance data and processes;

(4) reduce the complexity and cost of the security clearance process;

(5) provide information to managers on the financial and administrative costs of the security clearance process;

(6) strengthen the ties between counterintelligence and personnel security communities; and

(7) improve system standardization in the security clearance process.

(b) Guidance required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence and the Director of the Office of Personnel Management, shall issue guidance establishing the respective roles, responsibilities, and obligations of the Secretary and Directors with respect to the development and implementation of the System.

(c) Elements of system.—In developing the System under subsection (a), the Secretary shall—

(1) conduct a review of security clearance business processes and, to the extent practicable, modify such processes to maximize compatibility with the security clearance information technology architecture to minimize the need for customization of the System;

(2) conduct business process mapping (as such term is defined in section 2222(i) of title 10, United States Code) of the business processes described in paragraph (1);

(3) use spiral development and incremental acquisition practices to rapidly deploy the System, including through the use of prototyping and open architecture principles;

(4) establish a process to identify and limit interfaces with legacy systems and to limit customization of any commercial information technology tools used;

(5) establish automated processes for measuring the performance goals of the System; and

(6) incorporate capabilities for the continuous monitoring of network security and the mitigation of insider threats to the System.

(d) Completion date.—The Secretary shall complete the development and implementation of the System by not later than September 30, 2019.

(e) Briefing.—Beginning on December 1, 2016, and on a quarterly basis thereafter until the completion date of the System under subsection (d), the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives (and other appropriate congressional committees on request) on the progress of the Secretary in developing and implementing the System.

(f) Review of applicable laws.—The Secretary shall review laws, regulations, and executive orders relating to the maintenance of personnel security clearance information by the Federal Government. Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives (and other appropriate congressional committees on request) a briefing that includes—

(1) the results of the review; and

(2) recommendations, if any, for consolidating and clarifying laws, regulations, and executive orders relating to the maintenance of personnel security clearance information by the Federal Government.

(g) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

(2) the Permanent Select Committee on Intelligence, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.

SEC. 216. Prohibition on availability of funds for countering weapons of mass destruction system Constellation.

(a) Prohibitions.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the countering weapons of mass destruction situational awareness information system commonly known as “Constellation” may be obligated or expended for research, development, or prototyping for such system.

(b) Review.—The Chief Information Officer of the Department of Defense, in consultation with the Director of the Defense Information Systems Agency, shall review the requirements and program plan for research, development, and prototyping for the Constellation system.

(c) Report required.—Not later than February 1, 2017, the Chief Information Officer of the Department of Defense, in consultation with the Director of the Defense Information Systems Agency, shall submit to the congressional defense committees a report on the review under subsection (b). Such report shall include the following, with respect to the Constellation system:

(1) A review of the major software components of the system and an explanation of the requirements of the Department of Defense with respect to each such component.

(2) Identification of elements and applications of the system that cannot be implemented using the existing technical infrastructure and tools of the Department of Defense or the infrastructure and tools in development.

(3) A description of major developmental milestones and decision points for additional prototypes needed to establish the full capabilities of the system, including a timeline and detailed metrics and criteria for each such milestone and decision point.

(4) An overview of a security plan to achieve an accredited cross-domain solution system, including security milestones and proposed security architecture to mitigate both insider and outsider threats.

(5) Identification of the planned categories of end-users of the system, linked to organizations, mission requirements, and concept of operations, the expected total number of end-users, and the associated permissions granted to such users.

(6) A cost estimate for the full life-cycle cost to complete the Constellation system.

SEC. 217. Limitation on availability of funds for Defense Innovation Unit Experimental.

(a) Limitation.—Of the funds specified in subsection (c), not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (b).

(b) Report required.—The Secretary of Defense shall submit to the congressional defense committees a report on the Defense Innovation Unit Experimental. Such report shall include the following:

(1) The charter and mission statement of the Unit.

(2) A description of—

(A) the governance structure of the Unit;

(B) the metrics used to measure the effectiveness of the Unit;

(C) the process for coordinating and deconflicting the activities of the Unit with similar activities of the military departments, Defense Agencies, and other departments and agencies of the Federal Government, including activities carried out by In-Q-Tel, the Defense Advanced Research Projects Agency, and Department of Defense laboratories;

(D) the direct staffing requirements of the Unit, including a description of the desired skills and expertise of such staff;

(E) the number of civilian and military personnel provided by the military departments and Defense Agencies to support the Unit;

(F) any planned expansion to new sites, the metrics used to identify such sites, and an explanation of how such expansion will provide access to innovations of nontraditional defense contractors (as such term is defined in section 2302 of title 10, United States Code) that are not otherwise accessible;

(G) how compliance with Department of Defense requirements could affect the ability of such nontraditional defense contractors to market products and obtain funding; and

(H) how to treat intellectual property that has been developed with little or no government funding.

(3) Any other information the Secretary determines to be appropriate.

(c) Funds specified.—The funds specified in this subsection are as follows:

(1) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for operation and maintenance, Defense-wide, for the Defense Innovation Unit Experimental.

(2) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for research, development, test, and evaluation, Defense-wide, for the Defense Innovation Unit Experimental.

SEC. 218. Limitation on availability of funds for Tactical Combat Training System Increment II.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Tactical Combat Training System Increment II of the Navy, not more than 80 percent may be obligated or expended until the Secretary of the Navy and the Secretary of the Air Force submit to the congressional defense committees the report required by section 235 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 780).

SEC. 219. Restructuring of the distributed common ground system of the Army.

(a) In general.—Not later than April 1, 2017, the Secretary of the Army shall restructure versions of the distributed common ground system of the Army after Increment 1—

(1) by discontinuing development of any component of the system for which there is commercial software that is capable of fulfilling at least 80 percent of the system requirements applicable to such component; and

(2) by conducting a review of the acquisition strategy of the program to ensure that procurement of commercial software is the preferred method of meeting program requirements.

(b) Limitation.—The Secretary of the Army shall not award any contract for the development of any capability for the distributed common ground system of the Army if such a capability is available for purchase on the commercial market, except for minor capabilities that are incidental to and necessary for the proper functioning of a major component of the system.

SEC. 220. Designation of Department of Defense senior official with principal responsibility for directed energy weapons.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) designate a senior official already serving within the Department of Defense as the official with principal responsibility for the development and demonstration of directed energy weapons for the Department; and

(2) set forth the responsibilities of that senior official with respect to such programs.

SEC. 231. Strategy for assured access to trusted microelectronics.

(a) Strategy.—The Secretary of Defense shall develop a strategy to ensure that the Department of Defense has assured access to trusted microelectronics by not later than September 30, 2020.

(b) Elements.—The strategy under subsection (a) shall include the following:

(1) Definitions of the various levels of trust required by classes of Department of Defense systems.

(2) Means of classifying systems of the Department of Defense based on the level of trust such systems are required to maintain with respect to microelectronics.

(3) Means by which trust in microelectronics can be assured.

(4) Means to increase the supplier base for assured microelectronics to ensure multiple supply pathways.

(5) An assessment of the microelectronics needs of the Department of Defense in future years, including the need for trusted, radiation-hardened microelectronics.

(6) An assessment of the microelectronic needs of the Department of Defense that may not be fulfilled by entities outside the Department of Defense.

(7) The resources required to assure access to trusted microelectronics, including infrastructure and investments in science and technology.

(c) Submission.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the strategy developed under subsection (a). The strategy shall be submitted in unclassified form, but may include a classified annex.

(d) Directive required.—Not later than September 30, 2020, the Secretary of Defense shall issue a directive for the Department of Defense describing how Department of Defense entities may access assured and trusted microelectronics supply chains for Department of Defense systems.

(e) Certification.—Not later than September 30, 2020, the Secretary of the Defense shall certify to the congressional defense committees that—

(1) the strategy developed under subsection (a) has been implemented; and

(2) the Department of Defense has an assured means for accessing a sufficient supply of trusted microelectronics, as required by the strategy developed under subsection (a).

(f) Definition.—In this section, the terms “trust” and “trusted” refer, with respect to microelectronics, to the ability of the Department of Defense to have confidence that the microelectronics function as intended and are free of exploitable vulnerabilities, either intentionally or unintentionally designed or inserted as part of the system at any time during its life cycle.

SEC. 232. Pilot program on evaluation of commercial information technology.

(a) Pilot program.—The Director of the Defense Information Systems Agency shall carry out a pilot program to evaluate commercially available information technology tools to better understand the potential impact of such tools on networks and computing environments of the Department of Defense.

(b) Activities.—Activities under the pilot program may include the following:

(1) Prototyping, experimentation, operational demonstration, military user assessments, and other means of obtaining quantitative and qualitative feedback on the commercial information technology products.

(2) Engagement with the commercial information technology industry to—

(A) forecast military requirements and technology needs; and

(B) support the development of market strategies and program requirements before finalizing acquisition decisions and strategies.

(3) Assessment of novel or innovative commercial technology for use by the Department of Defense.

(4) Assessment of novel or innovative contracting mechanisms to speed delivery of capabilities to the Armed Forces.

(5) Solicitation of operational user input to shape future information technology requirements of the Department of Defense.

(c) Limitation on availability of funds.—Of the amounts authorized to be appropriated for research, development, test, and evaluation, Defense-wide, for each of fiscal years 2017 through 2022, not more than $15,000,000 may be expended on the pilot program in any such fiscal year.

SEC. 233. Pilot program for the enhancement of the laboratories and test and evaluation centers of the Department of Defense.

(a) In general.—The Assistant Secretaries shall jointly carry out a pilot program to demonstrate methods for the more effective development of research, development, test, and evaluation functions.

(b) Selection and priority.—The Assistant Secretaries shall jointly select not more than one laboratory and one test and evaluation center from each of the military services to participate in the pilot program under subsection (a).

(c) Participation in program.—

(1) IN GENERAL.—Subject to paragraph (2), the director of a laboratory or test and evaluation center selected under subsection (b) shall propose and implement alternative and innovative methods of rapid project delivery, support, experimentation, prototyping, and partnership with universities and private sector entities to—

(A) generate greater value and efficiencies in research and development activities per dollar of cost; and

(B) enable more rapid deployment of warfighter capabilities.

(2) IMPLEMENTATION.—The director shall implement each method proposed under paragraph (1) unless such method is disapproved by the Assistant Secretary concerned.

(d) Waiver authority for demonstration and implementation.—Until the termination of the pilot program under subsection (f), the director of a laboratory or test and evaluation center selected under subsection (b) may waive any restriction or departmental instruction that would affect the implementation of a method proposed under subsection (c), unless such implementation would be prohibited by Federal law.

(e) Minimum participation requirement.—Each laboratory or test and evaluation center selected under subsection (b) shall participate in the pilot program under subsection (a) for a period of not fewer than six years beginning not later than 180 days after the date of the enactment of this Act.

(f) Termination.—The pilot program under subsection (a) shall terminate on the date determined appropriate by the Secretary of Defense that is on or after the end of the six-year period described in subsection (e).

(g) Assistant Secretary defined.—In this section, the term “Assistant Secretary” means—

(1) the Assistant Secretary of the Air Force for Acquisition, with respect to a working capital fund institution of the Air Force;

(2) the Assistant Secretary of the Army for Acquisition, Technology, and Logistics, with respect to a working capital fund institution of the Army; and

(3) the Assistant Secretary of the Navy for Research, Development, and Acquisition, with respect to a working capital fund institution of the Navy.

SEC. 234. Pilot program on modernization of electromagnetic spectrum warfare systems and electronic warfare systems.

(a) Pilot program.—

(1) IN GENERAL.—The Secretary of Defense may carry out a pilot program on the modernization of electromagnetic spectrum warfare systems and electronic warfare systems.

(2) SELECTION.—If the Secretary carries out the pilot program under paragraph (1), the Electronic Warfare Executive Committee shall select from the list described in section 237(b)(4) a total of five electromagnetic spectrum warfare systems and electronic warfare systems across at least two military departments that are currently in sustainment for modernization under the pilot program.

(b) Definitions.—In this section:

(1) The term “electromagnetic spectrum warfare” means electronic warfare that encompasses military communications and sensing operations that occur in the electromagnetic operational domain.

(2) The term “electronic warfare” means military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy.

SEC. 235. Independent review of F/A–18 physiological episodes and corrective actions.

(a) Independent review required.—The Secretary of the Navy shall conduct an independent review of the plans, programs, and research of the Department of the Navy with respect to—

(1) physiological events affecting aircrew of the F/A–18 Hornet and the F/A–18 Super Hornet aircraft during the covered period; and

(2) the efforts of the Navy and Marine Corps to prevent and mitigate the affects of such physiological events.

(b) Conduct of review.—In conducting the review under subsection (a), the Secretary of the Navy shall—

(1) designate an appropriate senior official in the Office of the Secretary of the Navy to oversee the review; and

(2) consult experts from outside the Department of Defense in appropriate technical and medical fields.

(c) Review elements.—The review under subsection (a) shall include an evaluation of—

(1) any data of the Department of the Navy relating to the increased frequency of physiological events affecting aircrew of the F/A–18 Hornet and the F/A–18 Super Hornet aircraft during the covered period;

(2) aircraft mishaps potentially related to such physiological events;

(3) the cost and effectiveness of all material, operational, maintenance, and other measures carried out by the Department of the Navy to mitigate such physiological events during the covered period;

(4) material, operational, maintenance, or other measures that may reduce the rate of such physiological events in the future; and

(5) the performance of—

(A) the onboard oxygen generation system in the F/A–18 Super Hornet;

(B) the overall environmental control system in the F/A–18 Hornet and F/A–18 Super Hornet; and

(C) other relevant subsystems of the F/A–18 Hornet and F/A–18 Super Hornet, as determined by the Secretary.

(d) Report required.—Not later than December 1, 2017, the Secretary of Navy shall submit to the congressional defense committees a report that includes the results of the review under subsection (a).

(e) Covered period.—In this section, the term “covered period” means the period beginning on January 1, 2009, and ending on the date of the submission of the report under subsection (d).

SEC. 236. Study on helicopter crash prevention and mitigation technology.

(a) Study required.—The Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on technologies with the potential to prevent and mitigate helicopter crashes.

(b) Elements.—The study required under subsection (a) shall include the following:

(1) Identification of technologies with the potential—

(A) to prevent helicopter crashes (such as collision avoidance technologies and battle space and terrain situational awareness technologies); and

(B) to improve survivability among individuals involved in such crashes (such as adaptive flight control technologies and improved energy absorbing technologies).

(2) A cost-benefit analysis of each technology identified under paragraph (1) that takes into account the cost of developing and deploying the technology compared to the potential of the technology to prevent casualties or injuries.

(3) A list that ranks the technologies identified under paragraph (1) based on—

(A) the results of the cost-benefit analysis under paragraph (2); and

(B) the readiness level of each technology.

(4) An analysis of helicopter crashes that—

(A) compares the casualty rates of cockpit occupants to the casualty rates of occupants of cargo compartments and troop seats; and

(B) identifies the root causes of the casualties described in subparagraph (A).

(c) Briefing.—Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives (and other congressional defense committees on request) a briefing that includes—

(1) the results of the study required under subsection (a); and

(2) the list described in subsection (b)(3).

SEC. 237. Report on electronic warfare capabilities.

(a) Report required.—Not later than April 1, 2017, the Under Secretary of Defense for Acquisition, Technology, and Logistics, acting through the Electronic Warfare Executive Committee, shall submit to the congressional defense committees a report on the electronic warfare capabilities of the Department of Defense.

(b) Elements.—The report under subsection (a) shall include the following:

(1) A strategy for advancing and accelerating research, development, test, and evaluation, and fielding, of electronic warfare capabilities to meet current and projected requirements, including recommendations for streamlining acquisition processes with respect to such capabilities.

(2) A methodology for synchronizing and overseeing electronic warfare strategies, operational concepts, and programs across the Department of Defense, including electronic warfare programs that support or enable cyber operations.

(3) The training and operational support required for fielding and sustaining current and planned investments in electronic warfare capabilities.

(4) A comprehensive list of investments of the Department of Defense in electronic warfare capabilities, including the capabilities to be developed, procured, or sustained in—

(A) the budget of the President for fiscal year 2018 submitted to Congress under section 1105(a) of title 31, United States Code; and

(B) the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year.

(5) Progress on increasing innovative electromagnetic spectrum warfighting methods and operational concepts that provide advantages within the electromagnetic spectrum operational domain.

(6) Specific attributes needed in future electronic warfare capabilities, such as networking, adaptability, agility, multifunctionality, and miniaturization, and progress toward incorporating such attributes in new electronic warfare systems.

(7) Capability gaps with respect to asymmetric and near-peer adversaries identified pursuant to a capability gap assessment.

(8) A joint strategy on achieving near real-time system adaption to rapidly advancing modern digital electronics.

(9) Any other information the Secretary determines to be appropriate.

(c) Form.—The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

SEC. 301. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

SEC. 302. Increase in funding for civil military programs.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs is hereby increased by $15,000,000 (to be used in support of the National Guard Youth Challenge Program).

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $15,000,000.

SEC. 311. Rule of construction regarding alternative fuel procurement requirement.

Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: “This provision shall not be construed as a constraint on any conventional or unconventional fuel procurement necessary for military operations, including for test and certification purposes.”.

SEC. 312. Production and use of natural gas at Fort Knox.

(a) Production and use of natural gas at Fort Knox.—Chapter 449 of title 10, United States Code, is amended by adding at the end the following new section:

§ 4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky

“(a) Authority.— (1) The Secretary of the Army may provide for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352).

“(2) The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1).

“(b) Limitation on uses.—Any natural gas produced under subsection (a) may be used only to support activities and operations at Fort Knox and may not be sold for use elsewhere.

“(c) Ownership of facilities.—The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract.

“(d) Applicability.—The authority of the Secretary of the Army under this section is effective as of August 2, 2007.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky.”.

SEC. 313. Alternative technologies for munitions disposal.

In carrying out the disposal of munitions in the stockpile of conventional ammunition awaiting demilitarization and disposal (commonly referred to as munitions in the “B5A account”) the Secretary of the Army shall consider using cost-competitive technologies that minimize waste generation and air emissions as alternatives to disposal by open burning, open detonation, direct contact combustion, and incineration.

SEC. 314. Sense of Congress.

It is the Sense of Congress that the Department of Defense should work with State and local health officials to prevent human exposure to perfluorinated chemicals.

SEC. 315. Prohibition on carrying out certain authorities relating to climate change.

(a) In general.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Defense may be obligated or expended to carry out the provisions described in subsection (b).

(b) Provisions.—The provisions described in this subsection are the following:

(1) Sections 2, 3, 4, 5, 6(b)(iii), and 6(c) of Executive Order 13653 (78 Fed. Reg. 66817, relating to preparing the United States for the impacts of climate change).

(2) Sections 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, and 15(b) of Executive Order 13693 (80 Fed. Reg. 15869, relating to planning for Federal sustainability in the next decade).

SEC. 321. Pilot program for inclusion of certain industrial plants in the Armament Retooling and Manufacturing Support Initiative.

During the five-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall treat a Government-owned, contractor-operated industrial plant of the Department of the Army as an eligible facility under section 4551(2) of title 10, United States Code.

SEC. 322. Private sector port loading assessment.

(a) Assessments required.—During the period beginning on the date of the enactment of this Act and ending on the date of the final briefing under subsection (d), the Secretary of the Navy shall conduct quarterly assessments of Naval ship maintenance and loading activities carried out by private sector entities at each covered port.

(b) Elements of assessments.—Each assessment under subsection (a) shall include, with respect to each covered port, the following:

(1) Resources per day, including daily ship availabilities and the workforce available to carry out maintenance and loading activities, for the fiscal year preceding the quarter covered by the assessment through the end of such quarter.

(2) Projected resources per day, including daily ship availabilities and the workforce available to carry out maintenance and loading activities, through the end of the second fiscal year beginning after the quarter covered by the assessment.

(3) A description of the methods by which the Secretary communicates projected workloads to private sector entities engaged in ship maintenance activities and ship loading activities.

(4) A description of any processes that have been implemented to allow for timely feedback from private sector entities engaged in ship maintenance activities and ship loading activities.

(c) Sense of Congress.—It is the Sense of Congress that the Secretary should implement measures to minimize workload fluctuations at covered ports to stabilize the private sector workforce and reduce the cost of maintenance availabilities.

(d) Briefings required.—Not later than October 1, 2016, and on a quarterly basis thereafter until September 30, 2021, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives (and other congressional defense committees on request)—

(1) a briefing on the results of the assessments conducted under subsection (a); and

(2) a chart depicting the information described in paragraphs (1) and (2) of subsection (b) with respect to each covered port.

(e) Covered ports.—In this section, the term “covered ports” means port facilities used by the Department of Defense in each of the following locations:

(1) Mayport, Florida.

(2) Norfolk, Virginia.

(3) Pearl Harbor, Hawaii.

(4) Puget Sound, Washington.

(5) San Diego, California.

SEC. 323. Limitation on availability of funds for Defense Contract Management Agency.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the operation of the Defense Contract Management Agency, not more than 90 percent may be obligated or expended in fiscal year 2017 until the Director of the agency provides to the congressional defense committees the briefing under subsection (b).

(b) Briefing.—The Director of the Defense Contract Management Agency shall provide to the Committees on Armed Services of the Senate and House of Representatives (and other congressional defense committees on request) a briefing that includes the following:

(1) A plan describing how the agency will foster the adoption, implementation, and verification of item-unique identification standards for tangible personal property across the Department of Defense and the defense industrial base (as prescribed under Department of Defense Instruction 8320.04).

(2) A description of the policies, procedures, staff training, and equipment needed to—

(A) ensure contract compliance with item-unique identification standards for all items that require unique item-level traceability at any time in their life cycle;

(B) support counterfeit material risk reduction; and

(C) provide for the systematic assessment and accuracy of item-unique identification marks.

SEC. 331. Modification of annual Department of Defense energy management reports.

(a) Modification of annual report related to installations energy management.—Subsection (a) of section 2925 of title 10, United States Code, is amended to read as follows:

“(a) Annual report related to installations energy management.—Not later than 120 days after the end of each fiscal year ending before January 31, 2021, the Secretary of Defense shall submit to the congressional defense committees an installation energy report detailing the fulfillment during that fiscal year of the energy performance goals for the Department of Defense under section 2911 of this title. Each report shall contain the following:

“(1) The energy performance goals for the Department of Defense with respect to transportation systems, support systems, utilities, and infrastructure and facilities for the fiscal year covered by the report and the next 5, 10, and 20 fiscal years, including any changes to such energy performance goals since the submission of the previous report under this section.

“(2) A master plan for the achievement of the energy performance goals of the Department of Defense, as such goals are set forth in any laws, regulations, executive orders, or Department of Defense policies, including—

“(A) a separate plan for each military department and Defense Agency;

“(B) a standard for the measurement of energy consumed by transportation systems, support systems, utilities, and facilities and infrastructure, applied consistently across the military departments;

“(C) a methodology for measuring reductions in energy consumption that accounts for changes—

“(i) in the sizes of fleets; and

“(ii) in the number and overall square footage of facility plants;

“(D) standards to track annual progress in meeting energy performance goals;

“(E) a description of any requirements and proposed investments relating to energy performance goals included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31) for the fiscal year covered by the report; and

“(F) a description of any energy savings resulting from the implementation of the master plan or any other energy performance measures.

“(3) A table listing all energy projects financed through third party financing mechanisms (including energy savings performance contracts, enhanced use leases, utility energy service contracts, utility privatization agreements, and other contractual mechanisms), including—

“(A) the duration of each such mechanism, an estimate of the financial obligation incurred through the duration of each such mechanism, whether the project incorporates energy security into its design, and the estimated payback period for each such mechanism; and

“(B) any renewable energy certificates relating to the project, including the purchasing authority for the certificates, the price of the certificates, and whether the certificates were bundled or unbundled.

“(4) A description of the types and quantities of energy consumed by the Department of Defense and by members of the armed forces and civilian personnel residing or working on military installations during the fiscal year covered by the report, including a breakdown of energy consumption by—

“(A) user group;

“(B) the type of energy consumed, including the quantities of any renewable energy consumed that was produced or procured by the Department of Defense; and

“(C) the cost of the energy consumed.

“(5) A description of the types and amount of financial incentives received under section 2913 of this title during the preceding fiscal year and the appropriation account or accounts to which the incentives were credited.

“(6) A description and estimate of the progress made by the military departments in meeting the certification requirements for sustainable green-building standards in construction and major renovations as required by section 433 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1612).

“(7) Details of utility outages at military installations, including the total number and locations of outages, the financial impact of the outages, and measures taken to mitigate outages in the future at the affected locations and across the Department of Defense.

“(8) A description of any other issues and strategies the Secretary determines relevant to a comprehensive and renewable energy policy.”.

(b) Modification of annual report related to operational energy.—Subsection (b) of section 2925 of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “138c of this title” and inserting “2926(b) of this title”; and

(2) in paragraph (2), by adding at the end the following new subparagraph:

“(H) The comments and recommendations of the Assistant Secretary under section 2926(c) of this title, including the certification required under paragraph (3) of such section.”.

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to reports required to be submitted under section 2925 of title 10, United States Code, after such date.

SEC. 332. Report on equipment purchased from foreign entities and authority to adjust Army arsenal labor rates.

(a) Report required.—Not later than 30 days after the date on which the budget of the President for fiscal year 2018 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, components, subcomponents, and end-items purchased from foreign 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 goals of this section 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.—The report under subsection (a) shall include each of the following:

(1) A list of items identified in the report required under section 333 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 792) and a list of any items purchased from foreign manufacturers after the date of the submission of such report that are—

(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 manufacturer 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 described in paragraph (1) and a comparison of those skills with skills required to meet the critical capabilities identified in the report of the Army to Congress on Critical Manufacturing Capabilities and Capacities, dated August 2013, and the core logistics capabilities identified by each military 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 arsenal or depot to manufacture items described in paragraph (1).

(4) An identification of items described in paragraph (1) most appropriate for transfer to military arsenals or depots to meet the goals of this section or the requirements of section 2464 of title 10, United States Code.

(5) An explanation of the rationale for continuing to sole-source the manufacturing of items described in paragraph (1) from a foreign source rather than a military arsenal, depot, or other organic facility.

(6) Such other information the Secretary determines to be appropriate.

(c) Authority to adjust labor rates to reflect work production.—

(1) IN GENERAL.—Not later than March 1, 2017, the Secretary of Defense shall establish a two-year pilot program for the purpose of permitting the Army arsenals to adjust periodically, throughout the year, their labor rates charged to customers based upon changes in workload and other factors.

(2) BRIEFING.—Not later than May 1, 2019, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that assesses—

(A) each Army arsenal’s changes in labor rates throughout the previous year;

(B) the ability of each arsenal to meet the costs of their working-capital funds; and

(C) the effect on arsenal workloads of labor rate changes.

SEC. 333. Report on average travel costs of members of the reserve components.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the travel expenses of members of reserve components associated with performing active duty service, active service, full-time National Guard duty, active Guard and Reserve duty, and inactive-duty training, as such terms are defined in section 101(d) of title 10, United States Code. Such report shall include the average annual cost for all travel expenses for a member of a reserve component.

SEC. 341. Explosive Ordnance Disposal Corps.

Section 3063 of title 10, United States Code, is amended—

(1) in paragraph (12), by striking “and” at the end;

(2) by redesignating paragraph (13) as paragraph (14); and

(3) by inserting after paragraph (12) the following new paragraph (13):

“(13) Explosive Ordnance Disposal Corps; and”.

SEC. 342. Explosive ordnance disposal program.

(a) In general.—Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2283. Explosive ordnance disposal program

“(a) In General.—The Secretary of Defense shall carry out a program to be known as the ‘Explosive Ordnance Disposal Program’ (in this section referred to as the ‘Program’) under which the Secretary shall ensure close and continuous coordination between the military departments on matters relating to explosive ordnance disposal.

“(b) Roles, responsibilities, and authorities.—In carrying out the Program under subsection (a)—

“(1) the Secretary of Defense shall—

“(A) assign responsibility for the coordination and integration of explosive ordnance disposal to a single office or entity in the Office of the Secretary of Defense;

“(B) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense to coordinate and integrate research, development, test, and evaluation activities and procurement activities of the military departments with respect to explosive ordnance disposal; and

“(C) exercise oversight over explosive ordnance disposal through the Defense Acquisition Board process; and

“(2) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test, and evaluation activities and procurement activities to address such needs.

“(c) Annual budget justification documents.— (1) The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2017, a consolidated budget justification display, in classified and unclassified form, that covers all activities of Department of Defense relating to the Program.

“(2) The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:

“(A) Research, development, test, and evaluation.

“(B) Procurement.

“(C) Military construction.

“(d) Management Review.— (1) The Secretary of Defense, acting through the Office of the Secretary of Defense assigned responsibility for the coordination and integration of explosive ordnance disposal under subsection (b)(1)(A), shall conduct a review of the management structure of the Program, including—

“(A) research, development, test, and evaluation;

“(B) procurement;

“(C) doctrine development;

“(D) policy;

“(E) training;

“(F) development of requirements;

“(G) readiness; and

“(H) risk assessment.

“(2) Not later than May 1, 2018, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes—

“(A) the results of the review described in paragraph (1); and

“(B) a description of any measures undertaken to improve joint coordination and oversight of the Program and ensure a coherent and effective approach to its management.

“(e) Definitions.—In this section:

“(1) The term ‘explosive ordnance’ means any munition containing explosives, nuclear fission or fusion materials, or biological or chemical agents, including—

“(A) bombs and warheads;

“(B) guided and ballistic missiles;

“(C) artillery, mortar, rocket, and small arms munitions;

“(D) mines, torpedoes, and depth charges;

“(E) demolition charges;

“(F) pyrotechnics;

“(G) clusters and dispensers;

“(H) cartridge and propellant actuated devices;

“(I) electro-explosive devices; and

“(J) clandestine and improvised explosive devices.

“(2) The term ‘disposal’ means, with respect to explosive ordnance, the detection, identification, field evaluation, defeat, disablement, or rendering safe, recovery and exploitation, and final disposition of the ordnance.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“2283. Explosive ordnance disposal program.”.

SEC. 343. Expansion of definition of structures interfering with air commerce and national defense.

(a) Notice.—Section 44718(a) of title 49, United States Code, is amended—

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

(2) in paragraph (2), by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following:

“(3) the interests of national security, as determined by the Secretary of Defense.”.

(b) Studies.—Section 44718(b) of title 49, United States Code, is amended to read as follows:

“(b) Studies.—

“(1) IN GENERAL.—Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace, an interference with air navigation facilities and equipment or the navigable airspace, or, after consultation with the Secretary of Defense, an unacceptable risk to the national security of the United States, the Secretary shall conduct an aeronautical study to decide the extent of such impacts on the safe and efficient use of the airspace, facilities, or equipment. In conducting the study, the Secretary shall—

“(A) consider factors relevant to the efficient and effective use of the navigable airspace, including—

“(i) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;

“(ii) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;

“(iii) the impact on existing public-use airports and aeronautical facilities;

“(iv) the impact on planned public-use airports and aeronautical facilities;

“(v) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or proposed structures; and

“(vi) other factors relevant to the efficient and effective use of navigable airspace; and

“(B) include the finding made by the Secretary of Defense under subsection (f).

“(2) REPORT.—On completing the study, the Secretary shall issue a report disclosing the extent of the—

“(A) adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure; and

“(B) unacceptable risk to the national security of the United States, as determined by the Secretary of Defense under subsection (f).”.

(c) National security finding; definition.—Section 44718 of title 49, United States Code, is amended by adding at the end the following:

“(f) National security finding.—As part of an aeronautical study conducted under subsection (b), the Secretary of Defense shall—

“(1) make a finding on whether the construction, alteration, establishment, or expansion of a structure or sanitary landfill included in the study would result in an unacceptable risk to the national security of the United States; and

“(2) transmit the finding to the Secretary of Transportation for inclusion in the report required under subsection (b)(2).

“(g) Unacceptable risk to national security of United States defined.—In this section, the term ‘unacceptable risk to the national security of the United States’ has the meaning given the term in section 211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014.”.

(d) Conforming amendments.—

(1) SECTION HEADING.—Section 44718 of title 49, United States Code, is amended in the section heading by inserting “or national security” after “air commerce”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44718 and inserting the following:


“44718. Structures interfering with air commerce or national security.”.

SEC. 344. Development of personal protective equipment for female Marines and soldiers.

The Secretary of the Navy and the Commandant of the Marine Corps shall work in coordination with the Secretary of the Army to develop, not later than April 1, 2017, a joint acquisition strategy to provide more effective personal protective equipment and organizational clothing and equipment to meet the specific and unique requirements for female Marines and soldiers.

SEC. 345. Study on space-available travel system of the Department of Defense.

(a) Study required.—Not later than 90 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 an independent study on the space-available travel system of the Department of Defense.

(b) Report required.—Not later than 180 days after entering into a contract with a federally funded research and development center under subsection (a), the Secretary shall submit to the congressional defense committees a report summarizing the results of the study conducted under such subsection.

(c) Elements.—The report under subsection (b) shall include, with respect to the space-available travel system, the following:

(1) A determination of—

(A) the capacity of the system as of the date of the enactment of this Act;

(B) the projected capacity of the system for the 10-year period following such date of enactment; and

(C) the projected number of reserve retirees, active duty retirees, and dependents of such retirees that will exist by the end of such 10-year period.

(2) Estimates of system capacity based the projections described in paragraph (1).

(3) A discussion of the efficiency of the system and data regarding the use of available space with respect to each category of passengers eligible for space-available travel under existing regulations.

(4) A description of the effect on system capacity if eligibility for space-available travel is extended to—

(A) drilling reserve component personnel and dependents of such personnel on international flights;

(B) dependents of reserve component retirees who are less than 60 years of age;

(C) retirees who are less than 60 years of age on international flights; and

(D) drilling reserve component personnel traveling to drilling locations.

(5) A discussion of logistical and management problems, including congestion at terminals, waiting times, lodging availability, and personal hardships experienced by travelers.

(6) An evaluation of the cost of the system and whether space-available travel is and can remain cost-neutral.

(7) An evaluation of the feasibility of expanding the categories of passengers eligible for space-available travel to include—

(A) in the case of overseas travel, retired members of an active or reserve component, including retired members of reserve components, who, but for being under the eligibility age applicable to the member under section 12731 of title 10, United States Code, would be eligible for retired pay under chapter 1223 of such title; and

(B) unremarried widows and widowers of active or reserve component members of the Armed Forces.

(8) Such other factors relating to the efficiency and cost of the system as the Secretary determines to be appropriate.

(d) Additional responsibilities.—In addition to carrying out subsections (a) through (c), the Secretary of Defense shall—

(1) analyze the methods used to prioritize among the categories of individuals eligible for space-available travel and make recommendations for—

(A) re-ordering the priority of such categories; and

(B) adding additional categories of eligible individuals; and

(2) collect data on travelers who request but do not obtain available travel spaces under the space-available travel system.

SEC. 346. Supply of specialty motors from certain manufacturers.

To ensure that an adequate, competitive supply of custom designed motors is available to the Department of Defense, particularly to meet its replacement motor requirements for older equipment, and to protect small businesses that supply such motors to the Department of Defense, the requirements of section 431.25 of title 10, Code of Federal Regulations, shall not be enforced against manufacturers of specialty motors, whether characterized by the Department as special purpose or definite purpose motors, provided that such manufacturers qualify as small businesses and provided further that such manufacturers do not also manufacture general purpose motors and provided further that such manufacturers were in the business of manufacturing such motors on June 1, 2016.

SEC. 347. Limitation on use of certain funds until establishment and implementation of required process by which members of the Armed Forces may carry appropriate firearms on military installations.

Of the amounts authorized to be appropriated for Operation and Maintenance, Defense-Wide, for the Office of the Under Secretary of Defense for Policy, for fiscal year 2017, not more than 85 percent of such amounts may be obligated or expended until the Secretary of Defense establishes and implements the process by which members of the Armed Forces may carry an appropriate firearm on a military installation, as required by section 526 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 813; 10 U.S.C. 2672 note).

SEC. 348. Motor carrier safety performance and safety technology.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense, acting through the commander of the United States Transportation Command, should reassess the guidelines for the evaluation of motor carrier safety performance under the Transportation Protective Services program taking into consideration the Government Accountability Office report numbered GAO-16-82 and titled “Defense Transportation; DoD Needs to Improve the Evaluation of Safety and Performance Information for Carriers Transporting Security-Sensitive Materials”.

(b) Evaluation of safety technology.—To avoid catastrophic accidents and exposure of material, the Secretary shall evaluate the need for proven safety technology in vehicles transporting Transportation Protective Services shipments, such as electronic logging devices, roll stability control, forward collision avoidance, lane departure warning systems, and speed limiters.

SEC. 349. Briefing on well-drilling capabilities of active duty and reserve components.

(a) Briefing required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives (and other congressional defense committees on request) a briefing on the well-drilling capabilities of the active and reserve components.

(b) Elements.—The briefing under subsection (a) shall include a description of—

(1) the training requirements of active and reserve units with well-drilling capabilities;

(2) the locations at which such units conduct training relating to well-drilling; and

(3) the cost and feasibility of rotating the training locations of such units to areas in the United States that are affected by drought conditions.

SEC. 350. Access to wireless high-speed Internet and network connections for certain members of the Armed Forces deployed 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 wireless high-speed Internet and network connections are otherwise available, with access to such Internet and network connections without charge.

SEC. 351. System for communicating availability of surplus ammunition.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement a formal process to provide Government agencies outside the Department of Defense with information on the availability of surplus, serviceable ammunition for the purpose of reducing the overall storage and disposal costs related to such ammunition.

SEC. 352. Increase in funding for National Guard counter-drug programs.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1404 for drug interdiction and counter-drug activities, as specified in the corresponding funding table in section 4501, for drug interdiction and counter-drug activities, Defense-wide is hereby increased by $30,000,000 (to be used in support of the National Guard counter-drug programs).

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D—

(1) the amount authorized to be appropriated for in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Navy, for Common Ground Equipment (Line 064), is hereby reduced by $20,000,000; and

(2) the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for advanced component development and prototypes, Advanced Innovative Technologies (Line 095) is hereby reduced by $10,000,000.

SEC. 401. End strengths for active forces.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2017, as follows:

(1) The Army, 480,000.

(2) The Navy, 324,615.

(3) The Marine Corps, 185,000.

(4) The Air Force, 321,000.

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 inserting the following new paragraphs:

“(1) For the Army, 480,000.

“(2) For the Navy, 324,615.

“(3) For the Marine Corps, 185,000.

“(4) For the Air Force, 321,000.”.

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, 2017, as follows:

(1) The Army National Guard of the United States, 350,000.

(2) The Army Reserve, 205,000.

(3) The Navy Reserve, 58,000.

(4) The Marine Corps Reserve, 38,500.

(5) The Air National Guard of the United States, 105,700.

(6) The Air Force Reserve, 69,000.

(7) The Coast Guard Reserve, 7,000.

(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) 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

(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 (other than for training or for unsatisfactory participation 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 for 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, 2017, the following number 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, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,155.

(2) The Army Reserve, 16,261.

(3) The Navy Reserve, 9,955.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 14,764.

(6) The Air Force Reserve, 2,955.

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 2017 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 25,507.

(2) For the Army Reserve, 7,570.

(3) For the Air National Guard of the United States, 22,103.

(4) For the Air Force Reserve, 10,061.

SEC. 414. Fiscal year 2017 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 technicians employed by the National Guard as of September 30, 2017, may not exceed the following:

(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, 2017, may not exceed 420.

(3) AIR FORCE RESERVE.—The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2017, 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 authorized to be on active duty for operational support.

During fiscal year 2017, 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.

(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.

SEC. 416. Sense of Congress on full-time support for the Army National Guard.

It is the sense of Congress that—

(1) an adequately supported, full-time support force consisting of active and reserve personnel and military technicians for the Army National Guard is essential to maintaining the readiness of the Army National Guard;

(2) the full-time support force for the Army National Guard is the primary mechanism through which the programs of the Army and the Department of Defense are delivered to all 350,000 soldiers of the Army National Guard;

(3) reductions in active and reserve personnel and military technicians since 2014, totaling 2401, have adversely impacted the readiness of the Army National Guard;

(4) the growth in the full-time support force for the Army National Guard since 2014 is due solely to validated requirements originating before September 11, 2001, and not war-time growth;

(5) funding for the full-time support force for the Army National Guard has never exceeded 72 percent of the validated requirement of the headquarters of the Department of the Army;

(6) the current size of the full-time support force for the Army National Guard is the minimum required to maintain foundational readiness requirements; and

(7) further reducing the size of the full-time support force for the Army National Guard will have adverse and long-lasting impacts on readiness.

SEC. 421. Military personnel.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2017 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 specified in the funding table in section 4401.

(b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2017.

SEC. 501. Number of Marine Corps general officers.

(a) Distribution of commissioned officers on active duty in general officer and flag officer grades.—Section 525(a)(4) of title 10, United States Code, is amended—

(1) in subparagraph (B), by striking “15” and inserting “17”; and

(2) in subparagraph (C), by striking “23” and inserting “22”.

(b) General and flag officers on active duty.—Section 526(a)(4) of such title is amended by striking “61” and inserting “62”.

(c) Deputy commandants.—Section 5045 of such title is amended by striking “six” and inserting “seven”.

SEC. 502. Equal consideration of officers for early retirement or discharge.

Section 638a of title 10, United States Code, is amended—

(1) in subsection (b), by adding at the end the following new paragraph:

“(4) Convening selection boards under section 611(b) of this title to consider for early retirement or discharge regular officers on the active-duty list in a grade below lieutenant colonel or commander—

“(A) who have served at least one year of active duty in the grade currently held; and

“(B) whose names are not on a list of officers recommended for promotion.”;

(2) by redesignating subsection (e) as subsection (f); and

(3) by inserting after subsection (d) the following new subsection (e):

“(e) (1) In the case of action under subsection (b)(4), the Secretary of the military department concerned shall specify the total number of officers described in that subsection that a selection board convened under section 611(b) of this title pursuant to the authority of that subsection may recommend for early retirement or discharge. Officers who are eligible, or are within two years of becoming eligible, to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484)), if selected by the board, shall be retired or retained until becoming eligible to retire under sections 3911, 6323, or 8911 of this title, and those officers who are otherwise ineligible to retire under any provision of law shall, if selected by the board, be discharged.

“(2) In the case of action under subsection (b)(4), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection—

“(A) the names of all eligible officers described in that subsection, whether or not they are eligible to be retired under any provision of law, in a particular grade and competitive category; or

“(B) the names of all eligible officers described in that subsection in a particular grade and competitive category, whether or not they are eligible to be retired under any provision of law, who are also in particular year groups, specialties, or retirement categories, or any combination thereof, with that competitive category.

“(3) The number of officers specified under paragraph (1) may not be more than 30 percent of the number of officers considered.

“(4) An officer who is recommended for discharge by a selection board convened pursuant to the authority of subsection (b)(4) and whose discharge is approved by the Secretary concerned shall be discharged on a date specified by the Secretary concerned.

“(5) Selection of officers for discharge under this subsection shall be based on the needs of the service.”.

SEC. 503. Modification of authority to drop from rolls a commissioned officer.

Section 1161(b) of title 10, United States Code, is amended by inserting “or the Secretary of Defense, or in the case of a commissioned officer of the Coast Guard, the Secretary of the department in which the Coast Guard is operating when it is not operating in the Navy,” after “President”.

SEC. 511. Extension of removal of restrictions on the transfer of officers between the active and inactive National Guard.

Section 512 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 752; 32 U.S.C. prec. 301 note) is amended—

(1) in subsection (a) in the matter preceding paragraph (1), by striking “December 31, 2016” and inserting “December 31, 2019”; and

(2) in subsection (b) in the matter preceding paragraph (1), by striking “December 31, 2016” and inserting “December 31, 2019”.

SEC. 512. Extension of temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training.

Section 514(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810) is amended by inserting “and fiscal year 2017” after “During fiscal year 2016”.

SEC. 513. Limitations on ordering Selected Reserve to active duty for preplanned missions in support of the combatant commands.

Section 12304b(b) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “only” in the matter preceding subparagraph (A);

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

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

“(2) In lieu of paragraph (1), units may be ordered to active duty under this section if—

“(A) the manpower and associated costs of such active duty has been identified by the Secretary concerned as an emerging requirement in the year of execution; and

“(B) the Secretary concerned provides 30-day advance notification to the congressional defense committees that identifies the funds required to support the order, a description of the mission for which the units will be ordered to active duty, and the anticipated length of time of the order of such units to active duty on an involuntary basis.”.

SEC. 514. Exemption of military technicians (dual status) from civilian employee furloughs.

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

SEC. 515. Electronic tracking of operational active-duty service performed by members 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 service 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 retirement credit authorized to date under section 12731(f) of such title.

SEC. 521. Technical correction to annual authorization for personnel strengths.

Section 115 of title 10, United States Code, is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (B), by striking “502(f)(2)” and inserting “502(f)(1)(B)”; and

(B) in subparagraph (C), by striking “502(f)(2)” and inserting “502(f)(1)(B)”; and

(2) in subsection (i)(7), by striking “502(f)(1)” and inserting “502(f)(1)(A)”.

SEC. 522. Entitlement to leave for adoption of child by dual military couples.

Section 701(i) of title 10, United States Code, is amended by striking paragraph (3) and inserting the following new paragraph:

“(3) In the event that two members of the armed forces who are married to each other adopt a child in a qualifying child adoption, the two members shall be allowed a total of at least 36 days of leave under this subsection, to be shared between the two members. The Secretary concerned shall permit the transfer of such leave between the two members to accommodate individual family circumstances.”.

SEC. 523. Revision of deployability rating system and planning reform.

(a) Deployment prioritization and readiness.—

(1) IN GENERAL.—Chapter 1003 of title 10, United States Code, is amended by inserting after section 10102 the following new section:

§ 10102a. Deployment prioritization and readiness of army components

“(a) Deployment prioritization.—The Secretary of the Army shall maintain a system for identifying the priority of deployment for units of all components of the Army.

“(b) Deployability readiness rating.—The Secretary of the Army shall maintain a readiness rating system for units of all components of the Army that provides an accurate assessment of the deployability of a unit and those shortfalls of a unit that require the provision of additional resources. The system shall ensure—

“(1) that the personnel readiness rating of a unit reflects—

“(A) both the percentage of the overall personnel requirement of the unit that is manned and deployable and the fill and deployability rate for critical occupational specialties necessary for the unit to carry out its basic mission requirements; and

“(B) the number of personnel in the unit who are qualified in their primary military occupational specialty; and

“(2) that the equipment readiness assessment of a unit—

“(A) documents all equipment required for deployment;

“(B) reflects only that equipment that is directly possessed by the unit;

“(C) specifies the effect of substitute items; and

“(D) assesses the effect of missing components and sets on the readiness of major equipment items.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1003 of such title is amended by inserting after the item relating to section 10102 the following new item:


“10102a. Deployment prioritization and readiness of Army components.”.

(b) Repeal of superseded provisions of law.—Sections 1121 and 1135 of the Army National Guard Combat Readiness Reform Act of 1992 (title XI of Public Law 102–484; 10 U.S.C. 10105 note) are repealed.

SEC. 524. Expansion of authority to execute certain military instruments.

(a) Expansion of authority to execute military testamentary instruments.—

(1) IN GENERAL.—Paragraph (2) of section 1044d(c) of title 10, United States Code, is amended to read as follows:

“(2) the execution of the instrument is notarized by—

“(A) a military legal assistance counsel;

“(B) a person who is authorized to act as a notary under section 1044a of this title who—

“(i) is not an attorney; and

“(ii) is supervised by a military legal assistance counsel; or

“(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel;”.

(2) CLARIFICATION.—Paragraph (3) of such section is amended by striking “presiding attorney” and inserting “person notarizing the instrument in accordance with paragraph (2)”.

(b) Expansion of authority to notarize documents to civilians serving in military legal assistance offices.—

(1) IN GENERAL.—Subsection (b) of section 1044a of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).”.

SEC. 525. Technical correction to voluntary separation pay and benefits.

Section 1175a(j) of title 10, United States Code, is amended—

(1) in paragraph (2)—

(A) by striking “or 12304” and inserting “12304, 12304a, or 12304b”; and

(B) by striking “502(f)(1)” and inserting “502(f)(1)(A)”; and

(2) in paragraph (3), by striking “502(f)(2)” and inserting “502(f)(1)(B)”.

SEC. 526. Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act.

The Secretaries of each of the military departments shall ensure that each member of the Armed Forces with dependents receives annually, and prior to each deployment, notice of the child custody protections afforded to members of the Armed Forces under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.).

SEC. 527. Pilot program on consolidated Army recruiting.

(a) Pilot program.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall carry out a pilot program to consolidate the recruiting efforts of the Regular Army, Army Reserve, and Army National Guard under which a recruiter in one of the components participating in the pilot program may recruit individuals to enlist in any of the components regardless of the funding source of the recruiting activity. Under the pilot program, the recruiter shall receive credit toward periodic enlistment goals for each enlistment regardless of the component in which the individual enlists.

(2) DURATION.—The Secretary shall carry out the pilot program for a period of not less than three years.

(b) Reports.—

(1) INTERIM REPORT.—

(A) IN GENERAL.—Not later than one year after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committee on Armed Services of the House of Representatives a report on the pilot program.

(B) ELEMENTS.—The report under subparagraph (A) shall include each of the following:

(i) An analysis of the effects that consolidated recruiting efforts has on the overall ability of recruiters to attract and place qualified candidates.

(ii) A determination of the extent to which consolidating recruiting efforts affects efficiency and recruiting costs.

(iii) An analysis of any challenges associated with a recruiter working to recruit individuals to enlist in a component in which the recruiter has not served.

(iv) An analysis of the satisfaction of recruiters and the component recruiting commands with the pilot program.

(2) FINAL REPORT.—Not later than 180 days after the date on which the pilot program under subsection (a) is completed, the Secretary shall submit to the committees specified in paragraph (1)(A) a final report on the pilot program. Such final report shall include any recommendations of the Secretary with respect to extending or making permanent the pilot program and a description of any related legislative actions that the Secretary considers appropriate.

SEC. 528. Report on purpose and utility of registration system under Military Selective Service Act.

(a) Report required.—Not later than July 1, 2017, the Secretary of Defense shall—

(1) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the current and future need for a centralized registration system under the Military Selective Service Act (50 U.S.C. 3801 et seq.); and

(2) provide a briefing on the results of the report.

(b) Elements of report.—The report required by subsection (a) shall include the following:

(1) A detailed analysis of the current benefits derived, both directly and indirectly, from the Military Selective Service System, including—

(A) the extent to which mandatory registration benefits military recruiting;

(B) the extent to which a national registration capability serves as a deterrent to potential enemies of the United States; and

(C) the extent to which expanding registration to include women would impact these benefits.

(2) An analysis of the functions currently performed by the Selective Service System that would be assumed by the Department of Defense in the absence of a national registration capability.

(3) An analysis of the systems, manpower, and facilities that would be needed by the Department to physically mobilize inductees in the absence of the Selective Service System.

(4) An analysis of the feasibility and utility of eliminating the current focus on mass mobilization of primarily combat troops in favor of a system that focuses on mobilization of all military occupational specialties, and the extent to which such a change would impact the need for both male and female inductees.

(5) A detailed analysis of the Department’s personnel needs in the event of an emergency requiring mass mobilization, including—

(A) a detailed timeline, along with the factors considered in arriving at this timeline, of when the Department would require—

(i) the first inductees to report for service;

(ii) the first 100,000 inductees to report for service; and

(iii) the first medical personnel to report for service; and

(B) an analysis of any additional critical skills that would be needed in the event of a national emergency, and a timeline for when the Department would require the first inductees to report for service.

(6) A list of the assumptions used by the Department when conducting its analysis in preparing the report.

(c) Comptroller General Review.—Not later than December 1, 2017, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a review of the procedures used by the Department of Defense in evaluating selective service requirements.

SEC. 529. Parental leave for members of the Armed Forces.

(a) Additional parental leave authority.—

(1) AVAILABILITY OF PARENTAL LEAVE.—Chapter 40 of title 10, United States Code, is amended by inserting after section 701 the following new section:

§ 701a. Parental leave

“(a) Leave authorized.—A member of the armed forces who is performing active service may be allowed leave under this section for each instance in which the member becomes a parent as a result of the member’s spouse giving birth.

“(b) Amount of leave.—Leave under this section shall be at least 14 days, under regulations prescribed under this section by the Secretary concerned.

“(c) Duration of availability of leave.—Leave under this section is lost as follows:

“(1) If not used within one year of the date of the birth giving rise to the leave.

“(2) If the member having the leave becomes entitled to leave under this section with respect to a different child.

“(3) If not used before separation from active service.

“(d) Coordination with other leave authorities.—Leave under this section is in addition to any other leave and may not be deducted or charged against other leave authorized by this chapter.

“(e) Regulations.—This section shall be carried out under regulations prescribed by the Secretary concerned. Regulations prescribed under this section by the Secretaries of the military departments shall be as uniform as practicable and shall be subject to approval by the Secretary of Defense.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 40 of title 10, United States Code, is amended by inserting after the item relating to section 701 the following new item:


“701a. Parental leave.”.

(3) CONFORMING AMENDMENT.—Subsection (j) of section 701 of title 10, United States Code, is repealed.

(b) Coverage of commissioned officers of the public health service.—Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the following new paragraph:

“(19) Section 701(i) and 701a, Adoption Leave and Parental Leave.”.

SEC. 541. Expedited reporting of child abuse and neglect to State Child Protective Services.

(a) Reporting by military and civilian personnel of the Department of Defense.—Section 1787 of title 10, United States Code, is amended—

(1) by redesignating subsections (a) and (b) as subsections (c) and (d), respectively; and

(2) by inserting before subsection (c), as so redesignated, the following new subsections:

“(a) Reporting by military and civilian personnel.—A member of the armed forces, civilian employee of the Department of Defense, or contractor employee working on a military installation who is mandated by Federal regulation or State law to report known or suspected instances of child abuse and neglect shall provide the report directly to State Child Protective Services or another appropriate State agency in addition to the member’s or employee’s chain of command or any designated Department point of contact.

“(b) Training for mandated reporters.—The Secretary of Defense shall ensure that individuals referred to in subsection (a) who are mandated by State law to report known or suspected instances of child abuse and neglect receive appropriate training, in accordance with State guidelines, intended to improve their—

“(1) ability to recognize evidence of child abuse and neglect; and

“(2) understanding of the mandatory reporting requirements imposed by law.”.

(b) Conforming and clerical amendments.—Section 1787 of title 10, United States Code, is further amended—

(1) in subsection (c), as redesignated by subsection (a)(1), by striking “In General.—” and inserting “Reporting by States.—”; and

(2) in subsection (d), as redesignated by subsection (a)(1)—

(A) by striking “(d) Definition.—In this section, the term” and inserting the following:

“(d) Definitions.—In this section:

“(1) The term”; and

(B) by adding at the end the following new paragraph:

“(2) The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.”.

SEC. 542. Extension of the requirement for annual report regarding sexual assaults and coordination with release of family advocacy report.

Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended—

(1) in subsection (a) by striking “March 1, 2017” and inserting “January 31, 2021”; and

(2) by adding at the end the following new subsection:

“(g) Coordination of release date between annual report regarding sexual assaults and family advocacy report.—The Secretary of Defense shall ensure that the report required under subsection (a) for a year is delivered to the Committees on Armed Services of the Senate and House of Representatives simultaneously with the Department of Defense Family Advocacy Report for that year required by section 543 of the National Defense Authorization Act for Fiscal Year 2017.”.

SEC. 543. Requirement for annual family advocacy program report regarding child abuse and domestic violence.

(a) Annual report on child abuse and domestic violence.—Not later than January 31, 2017, and annually thereafter through January 31, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the child abuse and domestic abuse incident data from the Department of Defense Family Advocacy Program central registry of child abuse and domestic abuse incidents for the preceding calendar year.

(b) Contents.—The report shall contain each of the following:

(1) The number of incidents reported during the year covered by the report involving—

(A) spouse physical or sexual abuse;

(B) intimate partner physical or sexual abuse;

(C) child physical or sexual abuse; and

(D) child or domestic abuse resulting in a fatality.

(2) An analysis of the number of such incidents that met the criteria for substantiation.

(3) An analysis of—

(A) the types of abuse reported;

(B) for cases involving children as the reported victims of the abuse, the ages of the abused children; and

(C) other relevant characteristics of the reported victims.

(4) An analysis of the military status, sex, and pay grade of the alleged perpetrator of the child or domestic abuse.

(5) An analysis of the effectiveness of the Family Advocacy Program.

(c) Coordination of release date between annual report regarding sexual assaults and family advocacy program report.—The Secretary of Defense shall ensure that the sexual assault report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is delivered to the Committees on Armed Services of the House of Representatives and the Senate simultaneously with the report required under this section.

SEC. 544. Improved Department of Defense prevention of and response to hazing in the Armed Forces.

(a) Anti-Hazing Database.—The Secretary of Defense shall provide for the establishment and use of a comprehensive and consistent data-collection system for the collection of reports, including anonymous reports, of incidents of hazing involving a member of the Armed Forces. The Secretary shall issue department-wide guidance regarding the availability and use of the database, including information on protected classes, such as race and religion, who are often the victims of hazing.

(b) Improved training.—The Secretary of each military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, shall seek to improve training to assist members of the Armed Forces better recognize, prevent, and respond to hazing at all command levels.

(c) Annual Survey.—The Secretary of each military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, shall conduct an annual survey among members of each Armed Force under the jurisdiction of such Secretary to determine the following:

(1) The prevalence of hazing in the Armed Force.

(2) The effectiveness of training provided members of the Armed Force to recognize and prevent hazing.

(3) The extent to which members of the Armed Force report, including anonymously report, incidents of hazing.

(d) Annual reports on hazing.—

(1) REPORT REQUIRED.—Not later than January 31 of each year through January 31, 2021, the Secretary of each military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a description of efforts during the previous year—

(A) to prevent and to respond to incidents of hazing involving members of the Armed Forces;

(B) to track and encourage reporting, including reporting anonymously, incidents of hazing in the Armed Force; and

(C) to ensure the consistent implementation of anti-hazing policies.

(2) ADDITIONAL ELEMENTS.—Each report required by this subsection also shall address the same elements originally addressed in the anti-hazing reports required by section 534 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1726).

SEC. 545. Burdens of proof applicable to investigations and reviews related to protected communications of members of the Armed Forces and prohibited retaliatory actions.

(a) Burdens of Proof.—Section 1034 of title 10, United States Code, is amended—

(1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and

(2) by inserting after subsection (h) the following new subsection (i):

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

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.

SEC. 546. Improved investigation of allegations of professional retaliation.

Section 1034(c)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(F) The Secretary concerned shall ensure that any individual investigating an allegation as described in paragraph (1) must have training in the definition and characteristics of retaliation. In addition, if the investigation involves alleged retaliation in response to a communication regarding a violation of a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), the training shall include specific instruction regarding such violations.”.

SEC. 547. Career military justice litigation track for judge advocates.

(a) Career litigation track required.—

(1) IN GENERAL.—The Secretary of each military department shall establish a career military justice litigation track for judge advocates in the Armed Forces under the jurisdiction of the Secretary.

(2) CONSULTATION.—The Secretary of the Army and the Secretary of the Air Force shall establish the litigation track required by this section in consultation with the Judge Advocate General of the Army and the Judge Advocate General of the Air Force, respectively. The Secretary of the Navy shall establish the litigation track in consultation with the Judge Advocate General of the Navy and the Staff Judge Advocate to the Commandant of the Marine Corps.

(b) Elements.—Each career litigation track under this section shall provide for the following:

(1) Assignment and advancement of qualified judge advocates in and through assignments and billets relating to the practice of military justice under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(2) Establishing for each Armed Force the assignments and billets covered by paragraph (1), which shall include trial counsel, defense counsel, military trial judge, military appellate judge, academic instructor, all positions within criminal law offices or divisions of such Armed Force, Special Victims Prosecutor, Victims' Legal Counsel, Special Victims' Counsel, and such other positions as the Secretary of the military department concerned shall specify.

(3) For judge advocates participating in such litigation track, mechanisms as follows:

(A) To prohibit a judge advocate from more than a total of four years of duty or assignments outside such litigation track.

(B) To prohibit any adverse assessment of a judge advocate so participating by reason of such participation in the promotion of officers through grade O–6 (or such higher grade as the Secretary of the military department concerned shall specify for purposes of such litigation track).

(4) Such additional requirements and qualifications for the litigation track as the Secretary of the military department concerned considers appropriate, including requirements and qualifications that take into account the unique personnel needs and requirement of an Armed Force.

(c) Implementation deadline.—Each Secretary of a military department shall implement the career litigation track required by this section for the Armed Forces under the jurisdiction of such Secretary by not later than 18 months after the date of the enactment of this Act.

(d) Report.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of such Secretary in implementing the career litigation track required under this section for the Armed Forces under the jurisdiction of such Secretary.

SEC. 561. Revision to quality assurance of certification programs and standards.

Section 2015(c) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “is accredited by an accreditation body that” and all that follows and inserting “meets one of the requirements specified in paragraph (2).”; and

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

“(2) The requirements for a credentialing program specified in this paragraph are that the credentialing program—

“(A) is accredited by a nationally-recognized third-party personnel certification program accreditor;

“(B) (i) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and

“(ii) where appropriate, is endorsed by a nationally-recognized trade association or organization representing a significant part of the industry or sector;

“(C) grants licenses that are recognized by the Federal Government or a State government; or

“(D) meets credential standards of a Federal agency.”.

SEC. 562. Establishment of ROTC cyber institutes at senior military colleges.

(a) In general.—Chapter 103 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2111c. Senior military colleges: ROTC cyber institutes

“(a) Program authorized.—The Secretary of Defense may establish cyber institutes at each of the senior military colleges and each of the Reserve Officer Training Corps institutions selected for partnership by the cyber institutes at the individual service academies for the purpose of accelerating the development of foundational expertise in critical cyber operational skills for future military and civilian leaders of the armed forces and the Department of Defense, including such leaders of the reserve components.

“(b) Elements.—Each cyber institute established under this section shall include each of the following:

“(1) Training for members of the program who possess cyber operational expertise from beginning through advanced skill levels, including instruction and practical experiences that lead to cyber certifications recognized in the field.

“(2) Training in targeted strategic foreign language proficiency designed to significantly enhance critical cyber operational capabilities and tailored to current and anticipated readiness requirements.

“(3) Training related to mathematical foundations of cryptography and cryptographic theory and practice designed to complement and reinforce cyber education along with the strategic language programs critical to cyber operations.

“(4) Training designed to expand the pool of qualified cyber instructors necessary to support cyber education in regional school systems.

“(c) Partnerships With Department of Defense and the Armed Forces.—Any cyber institute established under this section may enter into a partnership with any active or reserve component of the armed forces or any agency of the Department of Defense to facilitate the development of critical cyber skills.

“(d) Partnerships With Other Schools.—Any cyber institute established under this section may enter into a partnership with one or more local educational agencies to facilitate the development of critical cyber skills under the program among students attending the elementary and secondary schools of such agencies who may pursue a military career. The cyber institute may place a special emphasis on entering into a partnership under this subsection with a local educational agency located in a rural, underserved, or underrepresented community.

“(e) Senior military colleges.—The senior military colleges are the senior military colleges in section 2111a(f) of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“2111c. Senior military colleges: ROTC cyber institutes.”.

SEC. 563. Military-to-mariner transition.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating shall jointly report to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate on steps the Departments of Defense and Homeland Security have taken or intend to take to—

(1) maximize the extent to which United States armed forces service, training, and qualifications are creditable toward meeting the laws and regulations governing United States merchant mariner license, certification, and document laws and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, including steps to enhance interdepartmental coordination; and

(2) to promote better awareness among armed forces personnel who serve in vessel operating positions of the requirements for post-service use of armed forces training, education, and practical experience in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code of Federal Regulation, and the need to document such service in a manner suitable for post-service use.

(b) List of training programs.—The report under subsection (a) shall include a list of Army, Navy, and Coast Guard training programs open to Army, Navy, and Coast Guard vessel operators, respectively, that shows—

(1) which programs have been approved for credit toward merchant mariner credentials;

(2) which programs are under review for such approval;

(3) which programs are not relevant to the training needed for merchant mariner credentials; and

(4) which programs could become eligible for credit toward merchant mariner credentials with minor changes.

SEC. 564. Employment authority for civilian faculty at certain military department schools.

(a) Addition of Army University and additional faculty.—

(1) IN GENERAL.—Section 4021 of title 10, United States Code, is amended—

(A) by striking subsection (a) and inserting the following new subsection:

“(a) Authority of Secretary.—The Secretary of the Army may employ as many civilians as professors, instructors, lecturers, researchers, and administrative faculty at the Army War College, the United States Army Command and General Staff College, and the Army University as the Secretary considers necessary.”; and

(B) by striking subsection (c).

(2) CLERICAL AMENDMENT.—The heading of such section is amended to read as follows:

§ 4021. Army War College, United States Army Command and General Staff College, and Army University: civilian faculty members”.

(b) Naval War College and Marine Corps University.—Section 7478 of title 10, United States Code, is amended—

(1) by striking subsection (a) and inserting the following new subsection:

“(a) Authority of Secretary.—The Secretary of the Navy may employ as many civilians as professors, instructors, lecturers, researchers, and administrative faculty at a school of the Naval War College or of the Marine Corps University as the Secretary considers necessary.”; and

(2) by striking subsection (c).

(c) Air University.—Section 9021 of title 10, United States Code, is amended—

(1) by striking subsection (a) and inserting the following new subsection:

“(a) Authority of Secretary.—The Secretary of the Air Force may employ as many civilians as professors, instructors, lecturers, researchers, and administrative faculty at a school of the Air University as the Secretary considers necessary.”; and

(2) by striking subsection (c).

SEC. 565. Revision of name on military service record to reflect change in name of a member of the Army, Navy, Air Force, or Marine Corps, after separation from the Armed Forces.

(a) Revision required.—Section 1551 of title 10, United States Code, is amended—

(1) by inserting “(a) Service under assumed name.—” before “The Secretary”; and

(2) by adding at the end the following new subsection:

“(b) Effect of change in name.—The Secretary of the military department concerned shall reissue a certificate of discharge or an order of acceptance of resignation in the new name of any person who, after separation from an armed force under the jurisdiction of that Secretary, legally changes the person’s name to reflect the person’s gender identity.”.

(b) Clerical amendments.—

(1) SECTION HEADING.—The heading of section 1551 of title 10, United States Code, is amended to read as follows:

§ 1551. Correction of name after separation from service”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 79 of title 10, United States Code, is amended by striking the item relating to section 1551 and inserting the following new item:


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

SEC. 566. Direct employment pilot program for members of the National Guard and Reserve.

(a) Program authority.—The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members in the National Guard and Reserves.

(b) Administration.—The pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code.

(c) Cost-sharing requirement.—As a condition on the provision of funds under this section to a State to support the operation of the pilot program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 30 percent of the funds provided by the Secretary of Defense under this section.

(d) Direct Employment Program Model.—The pilot program should follow a job placement program model that focuses on working one-on-one with a member of a reserve component to cost-effectively provide job placement services, including services such as identifying unemployed and under employed members, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the pilot program should be informed by State direct employment programs for members of the reserve components, such as the programs conducted in California and South Carolina.

(e) Evaluation.—The Secretary of Defense shall develop outcome measurements to evaluate the success of the pilot program.

(f) Reporting requirements.—

(1) REPORT REQUIRED.—Not later than January 31, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the results of the pilot program. The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau.

(2) ELEMENTS OF REPORT.—A report under paragraph (1) shall include the following:

(A) A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components hired and the cost-per-placement of participating members.

(B) An assessment of the impact of the pilot program and increased reserve component employment levels on the readiness of members of the reserve components.

(C) A comparison of the pilot program to other programs conducted by the Department of Defense and Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components and veterans.

(D) Any other matters considered appropriate by the Secretary.

(g) Duration of Authority.—

(1) IN GENERAL.—The authority to carry out the pilot program expires September 30, 2019.

(2) EXTENSION.—Upon the expiration of the authority under paragraph (1), the Secretary of Defense may extend the pilot program for not more than two additional fiscal years.

SEC. 567. Prohibition on establishment, maintenance, or support of Senior Reserve Officers’ Training Corps units at educational institutions that display Confederate battle flag.

(a) Prohibition.—Section 2102 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) Prohibition related to display of Confederate battle flag.— (1) The Secretary of a military department may not establish, maintain, or support a unit of the program at any educational institution, including any senior military college specified in section 2111a of this title, that displays, in a location other than in a museum exhibit, the Confederate battle flag.

“(2) (A) Upon making a determination under paragraph (1) that an educational institution displays, in a location other than in a museum exhibit, the Confederate battle flag, the Secretary of the military department concerned shall terminate, in accordance with subparagraph (B), any unit of the program at that educational institution in existence as of the date of the determination.

“(B) The termination of a unit of the program at an educational institution pursuant to this paragraph shall take effect on the date on which—

“(i) each member of the program who, as of the date of the determination, is enrolled in the educational institution is no longer so enrolled; and

“(ii) each student who, as of the date of the determination, is enrolled in the educational institution but not yet a member of the program, is no longer so enrolled.

“(3) Not later than January 31, 2017, and each January 31 thereafter through January 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report—

“(A) identifying each unit of the program located at an educational institution that displays, in a location other than in a museum exhibit, the Confederate battle flag; and

“(B) describing the implementation of this subsection with respect to that educational institution.

“(4) In this subsection, the term ‘Confederate battle flag’ means the battle flag of the Army of Northern Virginia, the battle flag of the Army of Tennessee, the battle flag of Forrest’s Cavalry Corps, the Second Confederate Navy Jack, the Second Confederate Navy Ensign, or other flag with a like design.”.

(b) Conforming amendments.— (1) Section 2102(d) of title 10, United States Code, is amended by striking “The President” and inserting “Subject to subsection (e), the President”.

(2) Section 2111a of title 10, United States Code, is amended—

(A) in subsection (d), by striking “The Secretary” and inserting “Except as provided in section 2102(e) of this title, the Secretary”; and

(B) in subsection (e)(1), by striking “The Secretary” and inserting “Except in the case of a senior miliary college at which a unit of the program is terminated pursuant to section 2102(e) of this title, the Secretary”.

(c) Exception.—Section 2102 of title 10, United States Code, is further amended by adding at the end the following:

“(f) Exception.—The prohibition under subsection (e) shall not apply to an educational institution if the board of visitors of such institution has voted to take down the flag described in such subsection.”.

SEC. 568. Report on composition of service academies.

(a) Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the demographic composition of service academies that includes—

(1) an analysis of—

(A) the demographic composition of each service academy’s—

(i) recruits;

(ii) nominees;

(iii) applicants;

(iv) qualified applicants;

(v) admits;

(vi) enrollees;

(vii) graduates; and

(viii) graduate occupation placement;

(B) how such composition compares to the demographic composition of—

(i) the United States;

(ii) enlisted members of the Armed Forces;

(iii) officers of the Armed Forces; and

(iv) other institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and

(C) the demographic composition of each quintile of academic ranking for each service academy’s graduating class;

(2) a description of the considerations given to demographic composition in each service academy’s—

(A) recruitment efforts (including funding decisions made to further such efforts);

(B) qualification decisions; and

(C) admissions decisions; and

(3) recommendations for best—

(A) recruitment practices;

(B) nominating practices;

(C) qualification decision practices; and

(D) admissions practices.

(b) Definition.—In this section the term “service academy” means each of the following:

(1) The United States Military Academy.

(2) The United States Naval Academy.

(3) The United States Air Force Academy.

(4) The United States Coast Guard Academy.

(5) The United States Merchant Marine Academy.

(c) Scope of report.—The report required by this section shall examine each service academy class admitted following the date of enactment of section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160).

SEC. 569. Inclusion of alcohol, prescription drug, opioid, and other substance abuse counseling as part of required preseparation counseling.

Section 1142(b)(11) of title 10, United States Code, is amended by inserting before the period the following: “and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse”.

SEC. 569A. Inclusion of information in Transition Assistance Program.

Section 1144(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(10) Provide information regarding the deduction of disability compensation paid by the Secretary of Veterans Affairs pursuant to section 1175a(h) of this title by reason of voluntary separation pay received by the member.”.

SEC. 569B. Report and guidance regarding Job Training, Employment Skills Training, Apprenticeships, and Internships and SkillBridge initiatives for members of the Armed Forces who are being separated.

(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall submit to the Committees on Armed Services of the Senate and the House of Representatives, and make available to the public, a report evaluating the success of the Job Training, Employment Skills Training, Apprenticeships, and Internships (known as JTEST–AI) and SkillBridge initiatives, under which civilian businesses and companies make available to members of the Armed Forces who are being separated from the Armed Forces training or internship opportunities that offer a high probability of employment for the members after their separation.

(b) Elements of report.—In preparing the report required by subsection (a), the Under Secretary of Defense for Personnel and Readiness shall use the effectiveness metrics described in Enclosure 5 of Department of Defense Instruction No. 1322.29. The report shall include, at a minimum, the following:

(1) An assessment of the successes of the JTEST–AI and SkillBridge initiatives.

(2) Recommendations by the Under Secretary regarding ways in which the administration of the JTEST–AI and SkillBridge initiatives could be improved.

(3) Recommendations by civilian companies participating in the initiatives regarding ways in which the administration of the JTEST–AI and SkillBridge initiatives could be improved.

(4) Testimony from a sample of members of the Armed Forces who are participating in a JTEST–AI or SkillBridge initiative regarding the effectiveness of the initiatives and the members’ support for the initiatives.

(5) Testimony from a sample of recently separated members of the Armed Forces who participated in a JTEST–AI or SkillBridge initiative regarding the effectiveness of the initiatives and the members’ support for the initiatives.

(c) Issuance of Guidance.—Not later than 180 days after the submission of the report required by subsection (a), the Under Secretary of Defense for Personnel and Readiness shall issue guidance to commanders of units of the Armed Forces for the purpose of encouraging commanders, consistent with unit readiness, to allow members of the Armed Forces under their command who are being separated from the Armed Forces to participate in a JTEST–AI or SkillBridge initiative.

SEC. 569C. Congressional notification in advance of appointments to service academies.

(a) United States Military Academy.—Section 4342(a) of title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: “When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.”.

(b) United States Naval Academy.—Section 6954(a) of title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: “When a nominee of a Senator, Representative, or Delegate is selected for appointment as a midshipman, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.”.

(c) United States Air Force Academy.—Section 9342(a) of title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: “When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.”.

(d) United States Merchant Marine Academy.—Section 51302 of title 46, United States Code, is amended by adding at the end the following:

“(e) Congressional notification in advance of appointments.—When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made”.

(e) Application of amendments.—The amendments made by this section shall apply with respect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and United States Merchant Marine Academy for classes entering these service academies after January 1, 2018.

SEC. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2017 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in division D, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 572. Support for programs providing camp experience for children of military families.

(a) In general.—The Secretary of Defense may provide financial or non-monetary support to qualified nonprofit organizations in order to assist such organizations in carrying out programs to support the attendance at a camp or camp-like setting of children of military families who have experienced the death of a family member or other loved one or who have another family member living with a substance use disorder or post-traumatic stress disorder.

(b) Application for support.—

(1) IN GENERAL.—Each organization seeking support pursuant to subsection (a) shall submit to the Secretary an application therefor containing such information as the Secretary shall specify for purposes of this section.

(2) CONTENTS.—Each application submitted under paragraph (1) shall include the following:

(A) A description of the program for which support is being sought, including the location of the setting or settings under the program, the duration of such setting or setting, any local partners participating in or contributing to the program, and the ratio of counselors, trained volunteers, or both to children at such setting or settings.

(B) An estimate of the number of children of military families to be supported using the support sought.

(C) A description of the type of activities that will be conducted using the support sought, including the manner in which activities are particularly supportive to children of military families described in subsection (a).

(D) A description of the outreach conducted or to be conducted by the organization to military families regarding the program.

(c) Preference in approval of applications.—The Secretary shall accord a preference in the approval of applications submitted pursuant to subsection (b) to applications submitted by organizations that—

(1) provide a traditional camp or camp-like environment setting that is hosted by an accredited service provider or facility;

(2) offer activities in that setting that—

(A) includes a continued care model;

(B) is tailored to the needs of children and uses recognized best practices;

(C) exhibits an adequate understanding and recognition of appropriate military culture and traditions; and

(D) places a focus on peer-to-peer support and activities;

(3) offers post-camp and continuing bereavement or addiction-prevention support, as applicable;

(4) offer support services for children and families; and

(5) provides for evaluations of the camp experience by children and their families after camp.

(d) Use of support.—Support provided by the Secretary to an organization pursuant to subsection (a) shall be used by the organization to support attendance at a camp or camp-like setting of children of military families described in subsection (a).

SEC. 573. Impact Aid.

Notwithstanding section 5(d) of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1806), the amendment made by section 7004(1) of such Act (Public Law 114–95; 129 Stat. 2077)—

(1) for fiscal year 2016, shall—

(A) be applied as if amending section 8003(a)(5)(A) of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802); and

(B) be in effect with respect to appropriations for use under title VIII of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act; and

(2) for fiscal year 2017 and each succeeding fiscal year, shall be in effect with respect to appropriations for use under title VII of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802).

SEC. 574. Elimination of two-year eligibility limitation for noncompetitive appointment of spouses of members of the Armed Forces.

Section 3330d(c) of title 5, United States Code, is amended by adding at the end the following new paragraph:

“(3) NO TIME LIMITATION ON APPOINTMENT.—A relocating spouse of a member of the Armed Forces remains eligible for noncompetitive appointment under this section for the duration of the spouse’s relocation to the permanent duty station of the member.”.

SEC. 581. Review regarding award of Medal of Honor to certain Asian American and Native American Pacific Islander war veterans.

(a) Review required.—The Secretary of each military department shall review the service records of each Asian American and Native American Pacific Islander war veteran described in subsection (b) to determine whether that veteran should be awarded the Medal of Honor.

(b) Covered veterans.—The Asian American and Native American Pacific Islander war veterans whose service records are to be reviewed under subsection (a) are the following:

(1) Any Asian American or Native American Pacific Islander war veteran who was awarded the Distinguished-Service Cross, the Navy Cross, or the Air Force Cross during the Korean War or the Vietnam War.

(2) Any other Asian American or Native American Pacific Islander war veteran whose name is submitted to the Secretary concerned for such purpose before the end of the one-year period beginning on the date of the enactment of this Act.

(c) Consultations.—In carrying out the review under subsection (a), the Secretary of each military department shall consult with such veterans service organizations as the Secretary considers appropriate.

(d) Recommendations based on review.—If the Secretary concerned determines, based upon the review under subsection (a) of the service records of any Asian American or Native American Pacific Islander war veteran, that the award of the Medal of Honor to that veteran is warranted, the Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran.

(e) Authority to award medal of honor.—A Medal of Honor may be awarded to an Asian American or Native American Pacific Islander war veteran in accordance with a recommendation of the Secretary concerned under subsection (d).

(f) Congressional notification.—No Medal of Honor may be awarded pursuant to subsection (e) until the Secretary of Defense submits to the Committee on Armed Services of the Senate and House of Representatives notice of the recommendations under subsection (d), including the name of each Asian American or Native American Pacific Islander war veteran recommended to be awarded a Medal of Honor and the rationale for such recommendation.

(g) Waiver of time limitations.—An award of the Medal of Honor may be made under subsection (e) without regard to—

(1) section 3744, 6248, or 8744 of title 10, United States Code, as applicable; and

(2) any regulation or other administrative restriction on—

(A) the time for awarding the Medal of Honor; or

(B) the awarding of the Medal of Honor for service for which a Distinguished-Service Cross, Navy Cross, or Air Force Cross has been awarded.

(h) Definition.—In this section the term “Native American Pacific Islander” means a Native Hawaiian or Native American Pacific Islander, as those terms are defined in section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c).

SEC. 582. Authorization for award of medals for acts of valor.

(a) Authorization.—Notwithstanding the time limitations specified in sections 3744, 6248, 8744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the United States Armed Forces, the President may award a medal referred to in subsection (c) to a member or former member of the United States Armed Forces identified as warranting award of that medal pursuant to the review of valor award nominations for Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Freedom’s Sentinel, and Operation Inherent Resolve that was directed by the Secretary of Defense on January 7, 2016.

(b) Award of medal of honor.—If, pursuant to the review referred to in subsection (a), the President decides to award to a member or former member of the Armed Forces the Medal of Honor, the medal may only be awarded after the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a letter identifying the intended recipient of the Medal of Honor and the rationale for awarding the medal of honor to such intended recipient.

(c) Medals.—The medals referred to in this subsection are any of the following:

(1) The Medal of Honor under section 3741, 6241, or 8741 of title 10, United States Code;

(2) The Distinguished-Service Cross under section 3742 of title 10, United States Code.

(3) The Navy Cross under section 6242 of title 10, United States Code.

(4) The Air Force Cross under section 8742 of title 10, United States Code.

(5) The Silver Star under section 3746, 6244, or 8746 of title 10, United States Code.

(d) Termination.—No medal may be awarded under this section after December 31, 2019.

SEC. 583. Authorization for award of the Medal of Honor to Gary M. Rose for acts of valor during the Vietnam War.

(a) Authorization.—Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 3741 of such title to Gary M. Rose for the acts of valor described in subsection (b).

(b) Acts of valor described.—The acts of valor referred to in subsection (a) are the actions of Gary M. Rose in Laos from September 11 through 14, 1970, during the Vietnam War while a member of the United States Army, Military Assistance Command Vietnam-Studies and Observation Group (MACVSOG).

SEC. 584. Authorization for award of the Medal of Honor to Charles S. Kettles for acts of valor during the Vietnam War.

(a) Waiver of time limitations.—Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Charles S. Kettles for the acts of valor during the Vietnam War described in subsection (b).

(b) Acts of valor described.—The acts of valor referred to in subsection (a) are the actions of Charles S. Kettles during combat operations on May 15, 1967, while serving as Flight Commander, 176th Aviation Company, 14th Aviation Battalion, Task Force Oregon, Republic of Vietnam, for which he was previously awarded the Distinguished-Service Cross.

SEC. 585. Authorization for award of Distinguished-Service Cross to First Lieutenant Melvin M. Spruiell for acts of valor during World War II.

(a) Waiver of time limitations.—Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to First Lieutenant Melvin M. Spruiell of the Army for the acts of valor during World War II described in subsection (b).

(b) Acts of valor described.—The acts of valor referred to in subsection (a) are the actions of First Lieutenant Melvin M. Spruiell on June 10 and 11, 1944, as a member of the Army serving in France with the 377th Parachute Field Artillery, 101st Airborne Division.

SEC. 591. Burial of cremated remains in Arlington National Cemetery of certain persons whose service is deemed to be active service.

(a) In general.—Section 2410 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(c) (1) The Secretary of the Army shall ensure that under such regulations as the Secretary may prescribe, the cremated remains of any person described in paragraph (2) are eligible for inurnment in Arlington National Cemetery with military honors in accordance with section 1491 of title 10.

“(2) A person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.”.

(b) Applicability.—

(1) IN GENERAL.—The amendment made by subsection (a) shall apply with respect to—

(A) the remains of a person that are not formally interred or inurned as of the date of the enactment of this Act; and

(B) a person who dies on or after the date of the enactment of this Act.

(2) FORMALLY INTERRED OR INURNED DEFINED.—In this subsection, the term “formally interred or inurned” means interred or inurned in a cemetery, crypt, mausoleum, columbarium, niche, or other similar formal location.

(c) Report on capacity of Arlington National Cemetery.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Veterans’ Affairs and the Committees on Armed Services of the House of Representatives and the Senate a report on the interment and inurnment capacity of Arlington National Cemetery, including—

(1) the estimated date that the Secretary determines the cemetery will reach maximum interment and inurnment capacity; and

(2) in light of the unique and iconic meaning of the cemetery to the United States, recommendations for legislative actions and nonlegislative options that the Secretary determines necessary to ensure that the maximum interment and inurnment capacity of the cemetery is not reached until well into the future, including such actions and options with respect to—

(A) redefining eligibility criteria for interment and inurnment in the cemetery; and

(B) considerations for additional expansion opportunities beyond the current boundaries of the cemetery.

SEC. 592. Representation from members of the Armed Forces on boards, councils, and committees making recommendations relating to military personnel issues.

(a) In general.—Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:

§ 190. Representation on boards, councils, and committees making recommendations relating to military personnel issues

“(a) Representation required.—Notwithstanding any other provision of law, any board, council, or committee established under this chapter that is responsible for making any recommendation relating to any military personnel issue affecting enlisted members of the armed forces shall include representation on the board, council, or committee from enlisted members of the armed forces or retired enlisted members of the armed forces.

“(b) Military personnel issues.—For purposes of this section, military personnel issues include issues relating to health care, retirement benefits, pay, direct and indirect compensation, and entitlements for members of the armed forces.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“190. Representation on boards, councils, and committees making recommendations relating to military personnel issues.”.

SEC. 593. Body mass index test.

(a) Review.—The Secretary of Defense shall review—

(1) the current body mass index test procedure used by the Armed Forces; and

(2) other methods to measure body fat with a more holistic health and wellness approach.

(b) Elements.—The review under subsection (a) shall—

(1) address nutrition counseling;

(2) determine the best methods to be used by the Armed Forces to assess body fat percentages; and

(3) improve the accuracy of body fat measurements.

SEC. 594. Preseparation counseling regarding options for donating brain tissue at time of death for research.

Section 1142(b)(11) of title 10, United States Code, is amended by inserting before the period at the end the following: “, and information concerning options available to the member for registering at or following separation to donate brain tissue at time of the member’s death for research regarding traumatic brain injury and chronic traumatic encephalopathy”.

SEC. 595. Recognition of the expanded service opportunities available to female members of the Armed Forces and the long service of women in the Armed Forces.

Congress—

(1) honors women who have served, and who are currently serving, as members of the Armed Forces;

(2) commends female members of the Armed Forces who have sacrificed their lives in defense of the United States;

(3) recognizes that female members of the Armed Forces are an integral and invaluable part of the Armed Forces;

(4) urges the Secretary of Defense to ensure that female members of the Armed Forces receive adequate, well-fitted equipment in order to ensure optimal safety and protection;

(5) urges the Secretary of Defense to ensure that female members of the Armed Forces have access to adequate health services that fully address their specific medical needs;

(6) encourages the Secretary of Defense to develop new initiatives focused on recruiting and retaining more women in the officer corps; and

(7) recognizes that the United States must continue to encourage and support female members of the Armed Forces as they fight for and defend the United States.

SEC. 596. Sense of Congress regarding plight of male victims of military sexual trauma.

(a) Finding.—Congress finds that the plight of male victims of military sexual trauma remains in the shadows due a lack of social awareness on the issue of male victimization.

(b) Sense of congress.—It is the sense of Congress that the Secretary of Defense should—

(1) enhance victims’ access to intensive medical and mental health treatment for military sexual trauma treatment;

(2) look for opportunities to utilize male survivors of sexual assault as presenters during annual Sexual Assault Preventions and Response training; and

(3) ensure Department of Defense medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma.

SEC. 597. Sense of Congress regarding section 504 of title 10, United States Code, on existing authority of the Department of Defense to enlist individuals, not otherwise eligible for enlistment, whose enlistment is vital to the national interest.

It is the sense of Congress that a statute currently exists, specifically paragraph (2) of section 504(b) of title 10, United States Code, which states that “the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) [of that section] if the Secretary determines that such enlistment is vital to the national interest”.

SEC. 598. Protection of Second Amendment Rights of Military Families.

(a) Short title.—This section may be cited as the “Protect Our Military Families’ 2nd Amendment Rights Act”.

(b) Residency of spouses of members of the armed forces to be determined on the same basis as the residency of such members for purposes of Federal firearms laws.—Section 921(b) of title 18, United States Code, is amended to read as follows:

“(b) For purposes of this chapter:

“(1) A member of the Armed Forces on active duty and the spouse of such a member are residents of the State in which the permanent duty station of the member is located.

“(2) The spouse of such a member may satisfy the identification document requirements of this chapter by presenting—

“(A) the military identification card issued to the spouse; and

“(B) the official Permanent Change of Station Orders annotating the spouse as being authorized for collocation, or an official letter from the commanding officer of the member verifying that the member and the spouse are collocated at the permanent duty station of the member.”.

(c) Effective date.—The amendment made by subsection (b) shall apply to conduct engaged in after the 6-month period that begins with the date of the enactment of this Act.

SEC. 599. Pilot program on advanced technology for alcohol abuse prevention.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish a pilot program to demonstrate the feasibility of using portable, disposable alcohol breathalyzers and a cloud based server platform to collect data and monitor the progress of alcohol abuse prevention programs through the use of digital applications.

(b) Elements.—In carrying out the pilot program under subsection (a), the Secretary shall—

(1) select at least three locations at which to carry out the program, including at least one military service initial training location;

(2) at each location selected under paragraph (1), include at least one active duty unit with no less than 300 personnel and one reserve unit with no less than 300 personnel; and

(3) offer participation in the pilot program on a voluntary basis.

(c) Duration.—The pilot program under subsection (a) shall be operational for a minimum of 6 months and shall terminate not later than September 30, 2018.

(d) Reports required.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives—

(1) not later than 120 days after the date of the implementation of the pilot program under subsection (a), a report on the implementation of the program; and

(2) not later than one year after the date of the implementation of the program, a report on the program, including findings and recommendations of the Secretary with respect to the benefits of using advanced technology as part of alcohol abuse prevention efforts within the military services.

(e) Funding.—The Secretary of Defense may carry out the pilot program under subsection (a) using amounts authorized to be appropriated for Alcohol Abuse Prevention Programs as specified in the funding tables in division D.

SEC. 599A. Report on availability of college credit for skills acquired during military service.

(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of Veterans Affairs, Education, and Labor, shall submit to Congress a report on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military. Such report shall describe each the following:

(1) Each skill that may be acquired during military service that is eligible for transfer into an equivalent college credit or technical certification.

(2) The academic level of the equivalent college credit or technical certification for which each such skill is eligible.

(3) Each academic institution that awards an equivalent college credit or technical certification for such skills, including—

(A) whether each such academic institution is public or private and whether such institution is for profit; and

(B) the number of veterans that applied to such academic institutions who were able to receive equivalent college credits or technical certifications in the last fiscal year, and the academic level of the credits or certifications.

(4) The number of members of the Armed Forces who left the military in the last fiscal year and the number of those individuals who met with an academic or technical training advisor as part of their participation in the Transition Assistance Program.

SEC. 599B. Atomic veterans service medal.

(a) Service medal required.—The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b) Distribution of medal.—

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

SEC. 599C. Report on extending protections for student loans for active duty borrowers.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Education, shall submit to the appropriate congressional committees a report detailing the information, assistance, and efforts to support and inform active duty members of the Armed Forces with respect to the rights and resources available under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) regarding student loans. The report shall include, at a minimum, the following:

(1) A description of the coordination and information sharing between the Secretary of Defense and the Secretary of Education regarding the eligibility of members, and requests by members, to apply the interest rate limitation under the Servicemembers Civil Relief Act with respect to existing Federal and private student loans.

(2) The number of such members with student loans who elect to have the maximum interest rates set in accordance with such Act.

(3) The number of such members whose student loans have an interest rate that exceeds such maximum rate.

(4) Methods by which the Secretary of Defense and the Secretary of Education can automate the process by which members with student loans elect to have the maximum interest rates set in accordance with such Act.

(5) A discussion of the effectiveness of such Act in providing protection to members of the Armed Forces with respect to student loans.

(b) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

SEC. 599D. Exclusion of certain reimbursements of medical expenses and other payments from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans.

(a) In general.—Section 1503(a) of title 38, United States Code, is amended—

(1) by redesignating paragraphs (6) through (12) as paragraphs (7) through (13), respectively; and

(2) by inserting after paragraph (5) the following new paragraph (6):

“(6) payments regarding reimbursements of any kind (including insurance settlement payments) for medical expenses resulting from any accident, theft, loss, or casualty loss (as defined by the Secretary), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

SEC. 599E. Sense of Congress on desirability of service-wide adoption of Gold Star Installation Access Card.

It is the sense of Congress that the Secretary of each military department and the Secretary of the Department in which the Coast Guard is operating should—

(1) provide for the issuance of a Gold Star Installation Access Card to Gold Star family members who are the survivors of deceased members of the Armed Forces in order to expedite the ability of a Gold Star family member to gain unescorted access to military installations for the purpose of obtaining the on-base services and benefits for which the Gold Star family member is entitled or eligible;

(2) work jointly to ensure that a Gold Star Installation Access Card issued to a Gold Star family member by one Armed Force is accepted for access to military installations of another Armed Force; and

(3) in developing, issuing, and accepting the Gold Star Installation Access Card—

(A) prevent fraud in the procurement or use of the Gold Star Installation Access Card;

(B) limit installation access to those areas that provide the services and benefits for which the Gold Star family member is entitled or eligible; and

(C) ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security.

SEC. 599F. Servicemembers’ Group Life Insurance.

Section 1967(f)(4) of title 38, United States Code, is amended by striking the second sentence.

SEC. 599G. Extension of suicide prevention and resilience program.

Section 10219(g) of title 10, United States Code, is amended by striking “October 1, 2017” and inserting “October 1, 2018”.

SEC. 601. Annual adjustment of monthly basic pay.

The adjustment in the rates of monthly basic pay required by subsection (a) of section 1009 of title 37, United States Code, to be made on January 1, 2017, shall take effect, notwithstanding any determination made by the President under subsection (e) of such section with respect to an alternative pay adjustment to be made on such date.

SEC. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2016” and inserting “December 31, 2017”.

SEC. 603. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel.

(a) Members.—Section 474(d)(3) of title 37, United States Code, is amended by adding at the end the following new sentence: “The Secretary of a military department shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the temporary duty assignment in the locality of a member of the armed forces under the jurisdiction of the Secretary.”.

(b) Civilian employees.—Section 5702(a)(2) of title 5, United States Code, is amended by adding at the end the following new sentence: “The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department.”.

(c) Repeal of policy and regulations.—The policy, and any regulations issued pursuant to such policy, implemented by the Secretary of Defense on November 1, 2014, with respect to reductions in per diem allowances based on duration of temporary duty assignment or civilian travel shall have no force or effect.

SEC. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

The following sections of title 37, United States Code, are amended by striking “December 31, 2016” and inserting “December 31, 2017”:

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7) Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.

(8) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

SEC. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

(a) Title 10 authorities.—The following sections of title 10, United States Code, are amended by striking “December 31, 2016” and inserting “December 31, 2017”:

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

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

(b) Title 37 authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2016” and inserting “December 31, 2017”:

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

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

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

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

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

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

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

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

SEC. 613. One-year extension of special pay and bonus authorities for nuclear officers.

The following sections of title 37, United States Code, are amended by striking “December 31, 2016” and inserting “December 31, 2017”:

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2) Section 312b(c), relating to nuclear career accession bonus.

(3) Section 312c(d), relating to nuclear career annual incentive bonus.

SEC. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

The following sections of title 37, United States Code, are amended by striking “December 31, 2016” and inserting “December 31, 2017”:

(1) Section 331(h), relating to general bonus authority for enlisted members.

(2) Section 332(g), relating to general bonus authority for officers.

(3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps.

(7) Section 351(h), relating to hazardous duty pay.

(8) Section 352(g), relating to assignment pay or special duty pay.

(9) Section 353(i), relating to skill incentive pay or proficiency bonus.

(10) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

SEC. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

The following sections of title 37, United States Code, are amended by striking “December 31, 2016” and inserting “December 31, 2017”:

(1) Section 301b(a), relating to aviation officer retention bonus.

(2) Section 307a(g), relating to assignment incentive pay.

(3) Section 308(g), relating to reenlistment bonus for active members.

(4) Section 309(e), relating to enlistment bonus.

(5) Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.

(6) Section 324(g), relating to accession bonus for new officers in critical skills.

(7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(8) Section 327(h), relating to incentive bonus for transfer between Armed Forces.

(9) Section 330(f), relating to accession bonus for officer candidates.

SEC. 616. Increase in maximum amount of aviation special pays for flying duty.

Section 334(c)(1) of title 37, United States Code, is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:

“(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,000 per month; and

“(B) an aviation bonus under subsection (b) may not exceed $60,000 for each 12-month period of obligated service agreed to under subsection (d).”.

SEC. 617. Conforming amendment to consolidation of special pay, incentive pay, and bonus authorities.

Section 332(c)(1)(B) of title 37, United States Code, is amended by striking “$12,000” and inserting “$20,000”.

SEC. 618. Technical and clerical amendments relating to 2008 consolidation of certain special pay authorities.

(a) Family care plans.—Section 586 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 991 note) is amended by inserting “or 351” after “section 310”.

(b) Dependents’ medical care.—Section 1079(g)(1) of title 10, United States Code, is amended by inserting “or 351” after “section 310”.

(c) Retention on active duty during disability evaluation process.—Section 1218(d)(1) of title 10, United States Code, is amended by inserting “or 351” after “section 310”.

(d) Storage space.—Section 362(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2825 note) is amended by inserting “, or paragraph (1) or (3) of section 351(a),” after “section 310”.

(e) Student assistance programs.—Sections 455(o)(3)(B) and 465(a)(2)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(o)(3)(B), 1087ee(a)(2)(D)) are amended by inserting “or paragraph (1) or (3) of section 351(a).” after “section 310”.

(f) Armed forces retirement home.—Section 1512(a)(3)(A) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)(3)(A)) is amended by inserting “or 351” after “section 310”.

(g) Veterans of foreign wars membership.—Section 230103(3) of title 36, United States Code, is amended by inserting “or 351” after “section 310”.

(h) Military pay and allowances.—Title 37, United States Code, is amended—

(1) in section 212(a), by inserting “, or paragraph (1) or (3) of section 351(a),” after “section 310”;

(2) in section 402a(b)(3)(B), by inserting “or 351” after “section 310”;

(3) in section 481a(a), by inserting “or 351” after “section 310”;

(4) in section 907(d)(1)(H), by inserting “or 351” after “section 310”; and

(5) in section 910(b)(2)(B), by inserting “, or paragraph (1) or (3) of section 351(a),” after “section 310”.

(i) Exclusions from income for purpose of supplemental security income.—Section 1612(b)(20) of the Social Security Act (42 U.S.C. 1382a(b)(20)) is amended by inserting “, or paragraph (1) or (3) of section 351(a),” after “section 310”.

(j) Exclusions from income for purpose of head start program.—Section 645(a)(3)(B)(i) of the Head Start Act (42 U.S.C. 9840(a)(3)(B)(i)) is amended by inserting “or 351” after “section 310”.

(k) Exclusions from gross income for federal income tax purposes.—Section 112(c)(5)(B) of the Internal Revenue Code of 1986 is amended by inserting “, or paragraph (1) or (3) of section 351(a),” after “section 310”.

SEC. 619. Combat-related special compensation coordinating amendment.

Subparagraph (B) of section 1413a(b)(3) of title 10, United States Code, is amended by striking “the amount equal to” and all that follows through “creditable service multiplied” and inserting the following: “the amount equal to the retired pay multiplier determined for the member under section 1409 of this title multiplied”.

SEC. 621. Separation determinations for members participating in Thrift Savings Plan.

The amendment to be made by section 632(c)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 847) shall not take effect.

SEC. 622. Continuation pay for full Thrift Savings Plan members who have completed 8 to 12 years of service.

(a) Continuation pay.—Section 356 of title 37, United States Code, which shall take effect on January 1, 2018, pursuant to section 635 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 851), is amended—

(1) in the heading, by striking “12 years” and inserting “8 to 12 years”;

(2) in subsection (a)—

(A) by striking paragraph (1) and inserting the following:

“(1) has completed not less than 8 and not more than 12 years of service in a uniformed service; and”; and

(B) in paragraph (2), by striking “an additional 4 years” and inserting “not less than 3 additional years”;

(3) by amending subsection (b) to read as follows:

“(b) Payment amount.—The Secretary concerned shall determine the payment amount under this section as a multiple of a full TSP member’s monthly basic pay but shall not be less than 2.5 times the member’s monthly basic pay. The maximum amount the Secretary concerned may pay the member under this section is—

“(1) in the case of a member of a regular component or in a reserve component if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10), 13 times the amount of the monthly basic pay payable to the member for the month during which the agreement under subsection (a)(2) is entered into; and

“(2) in the case of any member not covered by paragraph (1), 6 times the amount of monthly basic pay to which the member would be entitled for the month during which the agreement under subsection (a)(2) is entered into if the member were serving on active duty at the time the agreement is entered into.”; and

(4) by amending subsection (d) to read as follows:

“(d) Timing of payment.—The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member has completed not less than 8 and not more than 12 years of service in a uniformed service.”.

(b) Clerical amendment.—The item relating to section 356 in the table of sections at the beginning of chapter 5 of title 37, United States Code, which shall take effect on January 1, 2018, pursuant to section 635 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 851), is amended by striking “12 years” and inserting “8 to 12 years”.

SEC. 623. Special survivor indemnity allowance.

(a) Payment amount per fiscal year.—Paragraph (2)(I) of section 1450(m) of title 10, United States Code, is amended by striking “fiscal year 2017” and inserting “each of fiscal years 2017 and 2018”.

(b) Duration.—Paragraph (6) of such section is amended—

(1) by striking “September 30, 2017” and inserting “September 30, 2018”; and

(2) by striking “October 1, 2017” both places it appears and inserting “October 1, 2018”.

(c) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the dependency and indemnity compensation offset under sections 1450(c) of title 10, United States Code. The report shall include the following:

(1) The total number of individuals affected by such offset.

(2) Of the number of individuals covered under paragraph (1), the number who are covered by section 1448(d) of title 10, United States Code, listed by the rank of the deceased member and the current age of the individual.

(3) Of the number of individuals under paragraph (1), the number who are not covered by section 1448(d) of title 10, United States Code, listed by the rank of the deceased member and the current age of the individual.

(4) The average amount of money that is affected by such offset, including the average amounts with respect to—

(A) individuals described in paragraph (2); and

(B) individuals described in paragraph (3).

(5) The number of recipients for the special survivor indemnity allowance under section 1450(m) of title 10, United States Code.

SEC. 624. Equal benefits under Survivor Benefit Plan for survivors of reserve component members who die in the line of duty during inactive-duty training.

(a) Treatment of inactive-Duty training in same manner as active duty.—Section 1451(c)(1)(A) of title 10, United States Code, is amended—

(1) in clause (i)—

(A) by inserting “or 1448(f)” after “section 1448(d)”; and

(B) by inserting “or (iii)” after “clause (ii)”; and

(2) in clause (iii)—

(A) by striking “section 1448(f) of this title” and inserting “section 1448(f)(1)(A) of this title by reason of the death of a member or former member not in line of duty”; and

(B) by striking “active service” and inserting “service”.

(b) Consistent treatment of dependent children.—Paragraph (2) of section 1448(f) of title 10, United States Code, is amended to read as follows:

“(2) DEPENDENT CHILDREN ANNUITY.—

“(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the case of a person described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the dependent children of that person under section 1450(a)(2) of this title as applicable.

“(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE SURVIVING SPOUSE.—The Secretary may pay an annuity under this subchapter to the dependent children of a person described in paragraph (1) under section 1450(a)(3) of this title, if applicable, instead of paying an annuity to the surviving spouse under paragraph (1), if the Secretary concerned, in consultation with the surviving spouse, determines it appropriate to provide an annuity for the dependent children under this paragraph instead of an annuity for the surviving spouse under paragraph (1).”.

(c) Deemed elections.—Section 1448(f) of title 10, United States Code, is further amended by adding at the end the following new paragraph:

“(5) DEEMED ELECTION TO PROVIDE AN ANNUITY FOR DEPENDENT.—Paragraph (6) of subsection (d) shall apply in the case of a member described in paragraph (1) who dies after November 23, 2003, when no other annuity is payable on behalf of the member under this subchapter.”.

(d) Availability of special survivor indemnity allowance.—Section 1450(m)(1)(B) of title 10, United States Code, is amended by inserting “or (f)” after “subsection (d)”.

(e) Application of amendments.—

(1) PAYMENT.—No annuity benefit under subchapter II of chapter 73 of title 10, United States Code, shall accrue to any person by reason of the amendments made by this section for any period before the date of the enactment of this Act.

(2) ELECTIONS.—For any death that occurred before the date of the enactment of this Act with respect to which an annuity under such subchapter is being paid (or could be paid) to a surviving spouse, the Secretary concerned may, within six months of that date and in consultation with the surviving spouse, determine it appropriate to provide an annuity for the dependent children of the decedent under paragraph 1448(f)(2)(B) of title 10, as added by subsection (b)(1), instead of an annuity for the surviving spouse. Any such determination and resulting change in beneficiary shall be effective as of the first day of the first month following the date of the determination.

SEC. 625. Use of member’s current pay grade and years of service, rather than final retirement pay grade and years of service, in a division of property involving disposable retired pay.

(a) Use of current pay grade required.—Section 1408(a)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by inserting after “member is entitled” the following: “(to be determined using the member’s pay grade and years of service at the time of the court order, rather than the member’s pay grade and years of service at the time of retirement, unless the same)”.

(b) Application of amendment.—The amendment made by subsection (a) shall apply with respect to any division of property as part of a final decree of divorce, dissolution, annulment, or legal separation involving a member of the Armed Forces to which section 1408 of title 10, United States Code, applies that becomes final after the date of the enactment of this Act.

SEC. 631. Protection and enhancement of access to and savings at commissaries and exchanges.

(a) Optimization strategy.—Section 2481(c) of title 10, United States Code, is amended by adding at the end the following paragraph:

“(3) (A) The Secretary of Defense shall develop and implement a comprehensive strategy to optimize management practices across the defense commissary system and the exchange system that reduce reliance of those systems on appropriated funding without reducing benefits to the patrons of those systems or the revenue generated by nonappropriated fund entities or instrumentalities of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.

“(B) The Secretary shall ensure that savings generated due to such optimization practices are shared by the defense commissary system and the exchange system through contracts or agreements that appropriately reflect the participation of the systems in the development and implementation of such practices.

“(C) If the Secretary determines that the reduced reliance on appropriated funding pursuant to subparagraph (A) is insufficient to maintain the benefits to the patrons of the defense commissary system, and if the Secretary converts the defense commissary system to a nonappropriated fund entity or instrumentality pursuant to paragraph (1) of section 2484(j) of this title, the Secretary shall transfer appropriated funds pursuant to paragraph (2) of such section to ensure the maintenance of such benefits.

“(4) On not less than a quarterly basis, the Secretary shall provide to the congressional defense committees a briefing on the defense commissary system, including—

“(A) an assessment of the savings the system provides patrons;

“(B) the status of implementing section 2484(i) of this title;

“(C) the status of implementing section 2484(j), including whether the system requires any appropriated funds pursuant to paragraph (2) of such section;

“(D) the status of carrying out a program for such system to sell private label merchandise; and

“(E) any other matters the Secretary considers appropriate.”.

(b) Authorization to supplement appropriations through business optimization.—Section 2483(c) of such title is amended by adding at the end the following new sentence: “Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable pricing program implemented pursuant to section 2484(i) of this title.”.

(c) Variable pricing pilot program.—Section 2484 of such title is amended by adding at the end the following new subsections:

“(i) Variable pricing program.— (1) Notwithstanding subsection (e), and subject to subsection (k), the Secretary may establish a variable pricing program pursuant to which prices may be established in response to market conditions and customer demand, in accordance with the requirements of this subsection. Notwithstanding the amount of the uniform surcharge assessed in subsection (d), the Secretary may provide for an alternative surcharge of not more than five percent of sales proceeds under such variable pricing program to be made available for the purposes specified in subsection (h).

“(2) Subject to subsection (k), before establishing a variable pricing program under this subsection, the Secretary shall establish the following:

“(A) Specific, measurable benchmarks for success in the provision of high quality grocery merchandise, discount savings to patrons, and levels of customer satisfaction while achieving savings for the Department of Defense.

“(B) A baseline of overall savings to patrons achieved by commissary stores prior to the initiation of the variable pricing program, based on a comparison of prices charged by those stores on a regional basis with prices charged by relevant local competitors for a representative market basket of goods.

“(3) The Secretary shall ensure that the defense commissary system implements the variable pricing program by conducting price comparisons using the methodology established for paragraph (2)(B) and adjusting pricing as necessary to ensure that pricing in the variable pricing program achieves overall savings to patrons that are consistent with the baseline savings established for the relevant region pursuant to such paragraph.

“(j) Conversion to nonappropriated fund entity or instrumentality.— (1) Subject to subsection (k), if the Secretary determines that the variable pricing program has met the benchmarks for success established pursuant to paragraph (2)(A) of subsection (i) and the savings requirements established pursuant to paragraph (3) of such subsection over a period of at least six months, the Secretary may convert the defense commissary system to a nonappropriated fund entity or instrumentality, with operating expenses financed in whole or in part by receipts from the sale of products and the sale of services. Upon such conversion, appropriated funds shall be transferred to the defense commissary system only in accordance with paragraph (2) or section 2491 of this title. The requirements of section 2483 shall not apply to the defense commissary system operating as a nonappropriated fund entity or instrumentality.

“(2) If the Secretary determines that the defense commissary system operating as a nonappropriated fund entity or instrumentality is likely to incur a loss in any fiscal year as a result of compliance with the savings requirement established in subsection (i), the Secretary shall authorize a transfer of appropriated funds available for such purpose to the commissary system in an amount sufficient to offset the anticipated loss. Any funds so transferred shall be considered to be nonappropriated funds for such purpose.

“(3) (A) The Secretary of Defense may identify positions of employees in the defense commissary system who are paid with appropriated funds whose status may be converted to the status of an employee of a nonappropriated fund entity or instrumentality.

“(B) The status and conversion of employees in a position identified by the Secretary under subparagraph (A) shall be addressed as provided in section 2491(c) for employees in morale, welfare, and recreation programs, including with respect to requiring the consent of such employee to be so converted.

“(C) No individual who is an employee of the defense commissary system as of the date of the enactment of this subsection shall suffer any loss of or decrease in pay as a result of a conversion made under this paragraph.

“(k) Oversight required to ensure continued benefit to patrons.— (1) With respect to each action described in paragraph (2), the Secretary may not carry out such action until—

“(A) the Secretary provides to the congressional defense committees a briefing on such action, including a justification for such action; and

“(B) a period of 30 days has elapsed following such briefing.

“(2) The actions described in this paragraph are the following:

“(A) Establishing the representative market basket of goods pursuant to subsection (i)(2)(B).

“(B) Establishing the variable pricing program under subsection (i)(1).

“(C) Converting the defense commissary system to a nonappropriated fund entity or instrumentality under subsection (j)(1).”.

(d) Establishment of common business practices.—Section 2487 of such title is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Common business practices.— (1) Notwithstanding subsections (a) and (b), the Secretary of Defense may establish common business processes, practices, and systems—

“(A) to exploit synergies between the defense commissary system and the exchange system; and

“(B) to optimize the operations of the defense retail systems as a whole and the benefits provided by the commissaries and exchanges.

“(2) The Secretary may authorize the defense commissary system and the exchange system to enter into contracts or other agreements—

“(A) for products and services that are shared by the defense commissary system and the exchange system; and

“(B) for the acquisition of supplies, resale goods, and services on behalf of both the defense commissary system and the exchange system.

“(3) For the purpose of a contract or agreement authorized under paragraph (2), the Secretary may—

“(A) use funds appropriated pursuant to section 2483 of this title to reimburse a nonappropriated fund entity or instrumentality for the portion of the cost of a contract or agreement entered by the nonappropriated fund entity or instrumentality that is attributable to the defense commissary system; and

“(B) authorize the defense commissary system to accept reimbursement from a nonappropriated fund entity or instrumentality for the portion of the cost of a contract or agreement entered by the defense commissary system that is attributable to the nonappropriated fund entity or instrumentality.”.

(e) Authority for expert commercial advice.—Section 2485 of such title is amended by adding at the end the following new subsection:

“(h) Expert commercial advice.—The Secretary of Defense may enter into a contract with an entity to obtain expert commercial advice, commercial assistance, or other similar services not otherwise carried out by the Defense Commissary Agency, to implement section 2481(c), subsections (i) and (j) of section 2484, and section 2487(c) of this title.”.

(f) Clarification of references to “the exchange system”.—Section 2481(a) of title 10, United States Code, is amended by adding at the end the following new sentence: “Any reference in this chapter to ‘the exchange system’ shall be treated as referring to each separate administrative entity within the Department of Defense through which the Secretary of Defense has implemented the requirement under this subsection for a world-wide system of exchange stores.”.

(g) Operation of defense commissary system as a nonappropriated fund entity.—In the event that the defense commissary system is converted to a nonappropriated fund entity or instrumentality as authorized by section 2484(j)(1) of title 10, United States Code, as added by subsection (c) of this section, the Secretary may—

(1) provide for the transfer of commissary assets, including inventory and available funds, to the nonappropriated fund entity or instrumentality; and

(2) ensure that revenues accruing to the defense commissary system are appropriately credited to the nonappropriated fund entity or instrumentality.

(h) Conforming change.—Section 2643(b) of such title is amended by adding at the end the following new sentence: “Such appropriated funds may be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title.”.

SEC. 632. Acceptance of Military Star Card at commissaries.

(a) In general.—The Secretary of Defense shall ensure that—

(1) commissary stores accept as payment the Military Star Card; and

(2) any financial liability of the United States relating to such acceptance as payment be assumed by the Army and Air Force Exchange Service.

(b) Military Star Card defined.—In this section, the term “Military Star Card” means a credit card administered under the Exchange Credit Program by the Army and Air Force Exchange Service.

SEC. 641. Maximum reimbursement amount for travel expenses of members of the Reserves attending inactive duty training outside of normal commuting distances.

Section 478a(c) of title 37, United States Code, is amended—

(1) by striking “The amount” and inserting the following: “(1) Except as provided by paragraph (2), the amount”; and

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

“(2) The Secretary concerned may authorize, on a case-by-case basis, a higher reimbursement amount for a member under subsection (a) when the member—

“(A) resides—

“(i) in the same State as the training location; and

“(ii) outside of an urbanized area with a population of 50,000 or more, as determined by the Bureau of the Census; and

“(B) is required to commute to a training location—

“(i) using an aircraft or boat on account of limited or nonexistent vehicular routes to the training location or other geographical challenges; or

“(ii) from a permanent residence located more than 75 miles from the training location.”.

SEC. 642. Statute of limitations on Department of Defense recovery of amounts owed to the United States by members of the uniformed services, including retired and former members.

Section 1007(c)(3) of title 37, United States Code, is amended by adding at the end the following new subparagraphs:

“(C) (i) In accordance with clause (ii), if the indebtedness of a member of the uniformed services to the United States occurs, through no fault of the member, as a result of the overpayment of pay or allowances to the member or upon the settlement of the member’s accounts, the Secretary concerned may not recover the indebtedness from the member, including a retired or former member, using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was incurred.

“(ii) Clause (i) applies with respect to cases of indebtedness that incur on or after October 1, 2027.

“(D) (i) Not later than January 1 of each of years 2017 through 2027, the Director of the Defense Finance and Accounting Service shall review all cases occurring during the 10-year period prior to the date of the review of indebtedness of a member of the uniformed services, including a retired or former member, to the United States in which—

“(I) the recovery of the indebtedness commenced after the end of the 10-year period beginning on the date on which the indebtedness was incurred; or

“(II) the Director did not otherwise notify the member of such indebtedness during such 10-year period.

“(ii) The Director shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the House of Representatives and the Senate each review conducted under clause (i), including the amounts owed to the United States by the members included in such review.”.

SEC. 701. TRICARE Preferred and other TRICARE reform.

(a) Establishment.—

(1) TRICARE PREFERRED.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1074n the following new section:

§ 1075. TRICARE Preferred

“(a) Establishment.— (1) Not later than January 1, 2018, the Secretary of Defense shall establish a self-managed, preferred-provider network option under the TRICARE program. Such option shall be known as ‘TRICARE Preferred’.

“(2) The Secretary shall establish TRICARE Preferred in all areas. Under TRICARE Preferred, eligible beneficiaries will not have restrictions on the freedom of choice of the beneficiary with respect to health care providers.

“(b) Enrollment eligibility.— (1) The beneficiary categories for purposes of eligibility to enroll in TRICARE Preferred and cost sharing requirements applicable to such category are as follows:

“(A) An ‘active-duty family member’ category that consists of beneficiaries who are covered by section 1079 of this title (as dependents of active duty members).

“(B) A ‘retired’ category that consists of beneficiaries covered by subsection (c) of section 1086 of this title, other than Medicare-eligible beneficiaries described in subsection (d)(2) of such section.

“(C) A ‘reserve and young adult’ category that consists of beneficiaries who are covered by—

“(i) section 1076d of this title;

“(ii) section 1076e; or

“(iii) section 1110b.

“(2) A covered beneficiary who elects to participate in TRICARE Preferred shall enroll in such option under section 1099 of this title.

“(c) Cost-sharing requirements.—The cost sharing requirements under TRICARE Preferred are as follows:

“(1) With respect to beneficiaries in the active-duty family member category or the retired category by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services on or after January 1, 2018, or by reason of being a dependent of such a member, the cost sharing requirements shall be calculated pursuant to subsection (d)(1).

“(2) (A) Except as provided by subsection (e), with respect to beneficiaries described in subparagraph (B) in the active-duty family member category or the retired category, the cost sharing requirements shall be calculated as if the beneficiary were enrolled in TRICARE Extra or TRICARE Standard as if TRICARE Extra or TRICARE Standard, as the case may be, were still being carried out by the Secretary.

“(B) Beneficiaries described in this subparagraph are beneficiaries who are eligible to enroll in the TRICARE program by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services before January 1, 2018, or by reason of being a dependent of such a member.

“(3) With respect to beneficiaries in the reserve and young adult category, the cost sharing requirements shall be calculated pursuant to subsection (d)(1) as if the beneficiary were in the active-duty family member category or the retired category, as applicable, except that the premiums calculated pursuant to sections 1076d, 1076e, or 1110b of this title, as the case may be, shall apply instead of any enrollment fee required under this section.

“(d) Cost-sharing amounts for certain beneficiaries.— (1) Beneficiaries described in subsection (c)(1) enrolled in TRICARE Preferred shall be subject to cost-sharing requirements in accordance with the amounts and percentages under the following table during calendar year 2018 and as such amounts are adjusted under paragraph (2) for subsequent years:

“TRICARE Preferred Active-Duty Family Member (Individual/Family) Retired (Individual/Family)
Annual Enrollment $300 / $600 $425 / $850
Annual deductible $0 $0
Annual catastrophic cap $1,000 $3,000
Outpatient visit civilian network $15 primary care $25 primary care
$25 specialty care $40 specialty care
Out of network: 20% 25% of out of network
ER visit civilian network $40 network $60 network
20% out of network
Urgent care civilian network $20 network $40 network
20% out of network 25% out of network
Ambulatory surgery civilian network $40 network $80 network
20% out of network 25% out of network
Ambulance civilian network $15 $25
Durable medical equipment civilian network 10% 20%
Inpatient visit civilian network $60 per network admission $125 per admission network
20% out of network 25% out of net work
Inpatient skilled nursing/rehab civilian $20 per day network $50 per day network
$50 per day out of network $300 per day or 20% of billed charges out of network


“(2) Each dollar amount expressed as a fixed dollar amount in the table set forth in paragraph (1), and the amounts determined under subsection (e), shall be annually indexed to the amount by which retired pay is increased under section 1401a of this title, rounded to the next lower multiple of $1. The remaining amount above such multiple of $1 shall be carried over to, and accumulated with, the amount of the increase for the subsequent year or years and made when the aggregate amount of increases carried over under this clause for a year is $1 or more.

“(3) Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis.

“(e) Exceptions to certain cost-sharing amounts for certain beneficiaries eligible prior to 2018.— (1) Subject to paragraph (3), and in accordance with subsection (d)(2), the Secretary shall establish an annual enrollment fee for beneficiaries described in subsection (c)(2)(B) in the retired category who enroll in TRICARE Preferred (other than such beneficiaries covered by paragraph (2)). Such enrollment fee shall be $100 for an individual and $200 for a family.

“(2) The enrollment fee established pursuant to paragraph (1) for beneficiaries described in subsection (c)(2)(B) in the retired category shall not apply with respect to the following beneficiaries:

“(A) Retired members and the family members of such members covered by paragraph (1) of section 1086(c) of this title by reason of being retired under chapter 61 of this title or being a dependent of such a member.

“(B) Survivors covered by paragraph (2) of such section 1086(c).

“(3) The Secretary may not establish an annual enrollment fee under paragraph (1) until 90 days has elapsed following the date on which the Comptroller General of the United States is required to submit the review under paragraph (4).

“(4) Not later than February 1, 2020, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a review of the following:

“(A) Whether health care coverage for covered beneficiaries has changed since the enactment of this section.

“(B) Whether covered beneficiaries are able to obtain appointments for health care according to the access standards established by the Secretary of Defense.

“(C) The percent of network providers that accept new patients under the TRICARE program.

“(D) The satisfaction of beneficiaries under TRICARE Preferred.

“(f) Publication of measures.—As part of the administration of TRICARE Prime and TRICARE Preferred, the Secretary shall publish on a publically available Internet website of the Department of Defense data on all measures required by section 711 of the National Defense Authorization Act for Fiscal Year 2017. The published measures shall be updated not less frequently than quarterly.

“(g) Construction.—Nothing in this section may be construed as affecting the availability of TRICARE Prime and TRICARE for Life.

“(h) Definitions.—In this section, terms ‘active-duty family member category’, ‘retired category’, and ‘reserve and young adult category’ mean the respective categories of TRICARE Preferred enrollment described in subsection (b).”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by inserting after the item relating to section 1074n, the following new item:


“1075. TRICARE Preferred.”.

(b) TRICARE Prime cost sharing.—

(1) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1075, as added by subsection (a), the following new section:

§ 1075a. TRICARE Prime: cost sharing

“(a) Cost-sharing requirements.—The cost sharing requirements under TRICARE Prime are as follows:

“(1) There are no cost-sharing requirements for beneficiaries who are covered by section 1074(a) of this title.

“(2) With respect to beneficiaries in the active-duty family member category or the retired category (as described in section 1075(b)(1) of this title) by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services on or after January 1, 2018, or by reason of being a dependent of such a member, the cost-sharing requirements shall be calculated pursuant to subsection (b)(1).

“(3) (A) With respect to beneficiaries described in subparagraph (B) in the active-duty family member category or the retired category (as described in section 1075(b)(1) of this title), the cost-sharing requirements shall be calculated in accordance with the other provisions of this chapter without regard to subsection (b).

“(B) Beneficiaries described in this subparagraph are beneficiaries who are eligible to enroll in the TRICARE program by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services before January 1, 2018, or by reason of being a dependent of such a member.

“(b) Cost-sharing amounts.— (1) Beneficiaries described in subsection (a)(2) enrolled in TRICARE Prime shall be subject to cost-sharing requirements in accordance with the amounts and percentages under the following table during calendar year 2018 and as such amounts are adjusted under paragraph (2) for subsequent years:


“TRICARE Prime Active-Duty Family Member (Individual/Family) Retired (Individual/Family)
Annual Enrollment $180 / $360 $325 / $650
Annual deductible No1 No1
Annual catastrophic cap $1,000 $3,000 per family
Outpatient visit civilian network $0 with authorization $20 primary care
$30 specialty care
ER visit civilian network $0 $50 network
Urgent care civilian network $0 $30 network
Ambulatory surgery civilian network $0 with authorization $60 network with authorization
Ambulance civilian network $0 $20
Durable medical equipment civilian network $0 with authorization 20%
Inpatient visit civilian network $0 with authorization $100 network per admission with authorization
Inpatient skilled nursing/rehab civilian $0 with authorization $30 per day network with authorization
1: Deductibles and cost-sharing does apply to TRICARE Prime beneficiaries that seek care in the civilian network care through the point-of-service option (without a referral). Annual deductible is $300 individual and $600 family. Cost-sharing for covered inpatient and outpatient services are 50% of the TRICARE allowable charges.

“(2) Each dollar amount expressed as a fixed dollar amount in the table set forth in paragraph (1) shall be annually indexed to the amount by which retired pay is increased under section 1401a of this title, rounded to the next lower multiple of $1. The remaining amount above such multiple of $1 shall be carried over to, and accumulated with, the amount of the increase for the subsequent year or years and made when the aggregate amount of increases carried over under this clause for a year is $1 or more.

“(3) Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by inserting after the item relating to section 1075, as added by subsection (a), the following new item:


“1075a. TRICARE Prime: cost sharing.”.

(c) Portability.—Section 1073 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Portability in program.—The Secretary of Defense shall ensure that the enrollment status of covered beneficiaries is portable between or among TRICARE program regions of the United States and that effective procedures are in place for automatic electronic transfer of information between or among contractors responsible for administration in such regions and prompt communication with such beneficiaries. Each covered beneficiary enrolled in TRICARE Prime who has relocated the beneficiary’s primary residence to a new area in which enrollment in TRICARE Prime is available shall be able to obtain a new primary health care manager or provider within 10 days of the relocation and associated request for such manager or provider.”.

(d) Termination of TRICARE Standard and TRICARE Extra.—Beginning on January 1, 2018, the Secretary of Defense may not carry out TRICARE Standard and TRICARE Extra under the TRICARE program. The Secretary shall ensure that any individual who is covered under TRICARE Standard or TRICARE Extra as of December 31, 2017, enrolls in TRICARE Prime, TRICARE Preferred, or TRICARE for Life, as the case may be, as of January 1, 2018, for the individual to continue coverage under the TRICARE program.

(e) Implementation plan.—

(1) IN GENERAL.—Not later than June 1, 2017, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan to improve access to health care for TRICARE beneficiaries pursuant to the amendments made by this section.

(2) ELEMENTS.—The plan under paragraph (1) shall—

(A) ensure that at least 85 percent of the beneficiary population under TRICARE Preferred is covered by the network by January 1, 2018;

(B) establish access standards for appointments for health care;

(C) establish mechanisms for monitoring compliance with access standards;

(D) establish health care provider-to-beneficiary ratios;

(E) monitor on a monthly basis complaints by beneficiaries with respect to network adequacy and the availability of health care providers;

(F) establish requirements for mechanisms to monitor the responses to complaints by beneficiaries;

(G) mechanisms to evaluate the quality metrics of the network providers established under section 711;

(H) any recommendations for legislative action the Secretary determines necessary to carry out the plan; and

(I) any other elements the Secretary determines appropriate.

(f) GAO reviews.—

(1) IMPLEMENTATION PLAN.—Not later than December 1, 2017, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a review of the implementation plan of the Secretary under paragraph (1) of subsection (e), including an assessment of the adequacy of the plan in meeting the elements specified in paragraph (2) of such subsection.

(2) NETWORK.—Not later than September 1, 2017, the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a review of the network established under TRICARE Extra, including the following:

(A) An identification of the percent of beneficiaries who are covered by the network.

(B) An assessment of the extent to which beneficiaries are able to obtain appointments under TRICARE extra.

(C) The percent of network providers under TRICARE Extra that accept new patients under the TRICARE program.

(D) An assessment of the satisfaction of beneficiaries under TRICARE Extra.

(g) Definitions.—In this section:

(1) The terms “uniformed services”, “covered beneficiary”, “TRICARE Extra”, “TRICARE for Life”, “TRICARE Prime”, and “TRICARE Standard” have the meaning given those terms in section 1072 of title 10, United States Code, as amended by subsection (h).

(2) The term “TRICARE Preferred” means the self-managed, preferred-provider network option under the TRICARE program established by section 1075 of such title, as added by subsection (a).

(h) Conforming amendments.—

(1) IN GENERAL.—Title 10, United States Code, is amended as follows:

(A) Section 1072 is amended—

(i) by striking paragraph (7) and inserting the following:

“(7) The term ‘TRICARE program’ means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including the following health plan options:

“(A) TRICARE Prime.

“(B) TRICARE Preferred.

“(C) TRICARE for Life.”; and

(ii) by adding at the end the following new paragraphs:

“(11) The term ‘TRICARE Extra’ means the preferred provider option of the TRICARE program made available prior to January 1, 2018, under which TRICARE Standard beneficiaries may obtain discounts on cost-sharing as a result of using TRICARE network providers.

“(12) The term ‘TRICARE Preferred’ the self-managed, preferred-provider network option under the TRICARE program established by section 1075 of this title.

“(13) The term ‘TRICARE for Life’ means the Medicare wraparound coverage option of the TRICARE program made available to the beneficiary by reason of section 1086(d) of this title.

“(14) The term ‘TRICARE Prime’ means the managed care option of the TRICARE program.

“(15) The term ‘TRICARE Standard’ means the TRICARE program made available prior to January 1, 2018, covering—

“(A) medical care to which a dependent described in section 1076(a)(2) of this title is entitled; and

“(B) health benefits contracted for under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section.”.

(B) Section 1076d is amended—

(i) in subsection (d)(1), by inserting after “coverage.” the following: “Such premium shall apply instead of any enrollment fees required under section 1075 of this section.”; and

(ii) in subsection (f), by striking paragraph (2) and inserting the following new paragraph:

“(2) The term ‘TRICARE Reserve Select’ means the TRICARE Preferred self-managed, preferred-provider network option under section 1075 made available to beneficiaries by reason of this section and in accordance with subsection (d)(1).”; and

(iii) by striking “TRICARE Standard” each place it appears (including in the heading of such section) and inserting “TRICARE Reserve Select”.

(C) Section 1076e is amended—

(i) in subsection (d)(1), by inserting after “coverage.” the following: “Such premium shall apply instead of any enrollment fees required under section 1075 of this section.”; and

(ii) in subsection (f), by striking paragraph (2) and inserting the following new paragraph:

“(2) The term ‘TRICARE Retired Reserve’ means the TRICARE Preferred self-managed, preferred-provider network option under section 1075 made available to beneficiaries by reason of this section and in accordance with subsection (d)(1).”;

(iii) in subsection (b), by striking “TRICARE Standard coverage at” and inserting “TRICARE coverage at”; and

(iv) by striking “TRICARE Standard” each place it appears (including in the heading of such section) and inserting “TRICARE Retired Reserve”.

(D) Section 1079a is amended—

(i) in the section heading, by striking “CHAMPUS” and inserting “TRICARE program”; and

(ii) by striking “the Civilian Health and Medical Program of the Uniformed Services” and inserting “the TRICARE program”.

(E) Section 1099(c) is amended by striking paragraph (2) and inserting the following new paragraph:

“(2) A plan under the TRICARE program.”.

(F) Section 1110b(c)(1) is amended by inserting after “(b).” the following: “Such premium shall apply instead of any enrollment fees required under section 1075 of this section.”.

(2) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is further amended—

(A) in the item relating to section 1076d, by striking “TRICARE Standard” and inserting “TRICARE Reserve Select”;

(B) in the item relating to section 1076e, by striking “TRICARE Standard” and inserting “TRICARE Retired Reserve”; and

(C) in the item relating to section 1079a, by striking “CHAMPUS” and inserting “TRICARE program”.

(3) CONFORMING STYLE.—Any new language inserted or added to title 10, United States Code, by an amendment made by this subsection shall conform to the typeface and typestyle of the matter in which the language is so inserted or added.

(i) Application.—The amendments made by this section shall apply with respect to the provision of health care under the TRICARE program beginning on January 1, 2018.

SEC. 702. Reform of administration of the Defense Health Agency and military medical treatment facilities.

(a) Administration.—

(1) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1073b the following new section:

§ 1073c. Administration of Defense Health Agency and military medical treatment facilities

“(a) Administration of military medical treatment facilities.— (1) Beginning October 1, 2018, the Director of the Defense Health Agency shall be responsible for the administration of each military medical treatment facility, including with respect to—

“(A) budgetary matters;

“(B) information technology;

“(C) health care administration and management;

“(D) administrative policy and procedure; and

“(E) any other matters the Secretary of Defense determines appropriate.

“(2) The commander of each military medical treatment facility shall be responsible for—

“(A) ensuring the readiness of the members of the armed forces and civilian employees at such facility; and

“(B) furnishing the health care and medical treatment provided at such facility.

“(3) The Secretary of Defense shall establish within the Defense Health Agency a professional staff serving in senior executive service positions to carry out this subsection. The Secretary may carry out this paragraph by appointing the positions specified in subsections (b) and (c).

“(b) DHA Assistant Director.— (1) The Secretary of Defense may establish in the Defense Health Agency an Assistant Director for Health Care Administration. If so established, the Assistant Director shall—

“(A) be a career appointee within the senior executive service of the Department; and

“(B) report directly to the Director of the Defense Health Agency.

“(2) If established under paragraph (1), the Assistant Director shall be appointed from among individuals who have equivalent education and experience as a chief executive officer leading a large, civilian health care system.

“(3) If established under paragraph (1), the Assistant Director shall be responsible for the following:

“(A) Establishing priorities for health care administration and management.

“(B) Establishing policies and procedures for the provision of direct care at military medical treatment facilities.

“(C) Establishing priorities for budgeting matters with respect to the provision of direct care at military medical treatment facilities.

“(D) Establishing policies and procedures for clinic management and operations at military medical treatment facilities.

“(E) Establishing priorities for information technology at and between the military medical treatment facilities.

“(c) DHA Deputy Assistant Directors.— (1) (A) The Secretary of Defense may establish in the Defense Health Agency a Deputy Assistant Director for Information Operations.

“(B) If established under subparagraph (A), the Deputy Assistant Director for Information Operations shall be responsible for management and execution of information technology operations at and between the military medical treatment facilities.

“(2) (A) The Secretary of Defense may establish in the Defense Health Agency a Deputy Assistant Director for Financial Operations.

“(B) If established under subparagraph (A), the Deputy Assistant Director for Financial Operations shall be responsible for the management and execution of budgeting matters and financial management with respect to the provision of direct care at military medical treatment facilities.

“(3) (A) The Secretary of Defense may establish in the Defense Health Agency a Deputy Assistant Director for Health Care Operations.

“(B) If established under subparagraph (A), the Deputy Assistant Director for Health Care Operations shall be responsible for the execution of health care administration and management in the military medical treatment facilities.

“(4) (A) The Secretary of Defense may establish in the Defense Health Agency a Deputy Assistant Director for Medical Affairs.

“(B) If established under subparagraph (A), the Deputy Assistant Director for Medical Affairs shall be responsible for the management and leadership of clinical quality and process improvement, patient safety, infection control, graduate medical education, clinical integration, utilization review, risk management, patient experience, and civilian physician recruiting.

“(5) Each Deputy Assistant Director appointed under paragraphs (1) through (4) shall—

“(A) be a career appointee within the senior executive service of the Department; and

“(B) report directly to the Assistant Director for Health Care Administration.

“(d) DHA Deputy Director.— (1) In addition to the other duties of the Joint Staff Surgeon, the Joint Staff Surgeon shall serve as the Deputy Director for Combat Support of the Defense Health Agency.

“(2) The responsibilities of the Deputy Director shall include the following:

“(A) Ensuring that the Defense Health Agency meets the operational needs of the commanders of the combatant commands.

“(B) Coordinating with the military departments to ensure that the staffing at the military medical treatment facilities support readiness requirements for members of the armed forces and health care personnel.

“(C) Serving as the link between the commanders of the combatant commands and the Defense Health Agency.

“(e) Appointments.—In carrying out subsection (a)(3), including with respect to establishing positions under subsections (b) and (c), the Secretary shall make appointments under such subsections—

“(1) by not later than October 1, 2018; and

“(2) by not increasing the number of full-time equivalent employees of the Defense Health Agency.

“(f) Definitions.—In this section:

“(1) The term ‘career appointee’ has the meaning given that term in section 3132(a)(4) of title 5.

“(2) The term ‘Defense Health Agency’ means the Defense Agency established pursuant to Department of Defense Directive 5136.13, or such successor Defense Agency.

“(3) The term ‘senior executive service’ has the meaning given that term in section 2101a of title 5.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073b the following new item:


“1073c. Administration of Defense Health Agency and military medical treatment facilities.”.

(b) Implementation plan.—

(1) IN GENERAL.—The Secretary of Defense shall develop a plan to implement section 1073c of title 10, United States Code, as added by subsection (a).

(2) ELEMENTS.—The plan developed under paragraph (1) shall include the following:

(A) How the Secretary will carry out subsection (a) of such section 1073c.

(B) Efforts to minimize potentially duplicative activities carried out by the elements of the Defense Health Agency.

(C) Efforts to maximize efficiencies in the activities carried out by the Defense Health Agency.

(D) How the Secretary will implement such section 1073 in a manner that does not increase the number of full-time equivalent employees of the headquarters activities of the military health system as of the date of the enactment of this Act.

(c) Reports.—

(1) INTERIM REPORT.—Not later than March 1, 2017, the Secretary shall submit to the congressional defense committees a report containing—

(A) a preliminary draft of the plan developed under subsection (b)(1); and

(B) any recommendations for legislative actions the Secretary determines necessary to carry out the plan.

(2) FINAL REPORT.—Not later than March 1, 2018, the Secretary shall submit to the congressional defense committees a report containing the final version of the plan developed under subsection (b)(1).

(3) COMPTROLLER GENERAL REVIEWS.—

(A) The Comptroller General of the United States shall submit to the congressional defense committees—

(i) a review of the preliminary draft of the plan submitted under paragraph (1) by not later than September 1, 2017; and

(ii) a review of the final version of the plan submitted under paragraph (2) by not later than September 1, 2018.

(B) Each review of the plan conducted under paragraph (A) shall determine whether the Secretary has addressed the required elements for the plan under subsection (b)(2).

SEC. 703. Military medical treatment facilities.

(a) Administration.—

(1) IN GENERAL.—Chapter 55 of title 10, United States Code, as amended by section 702, is further amended by inserting after section 1073c the following new section:

§ 1073d. Military medical treatment facilities

“(a) In general.—To support the medical readiness of the armed forces and the readiness of medical personnel, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall maintain the military medical treatment facilities described in subsections (b), (c), and (d).

“(b) Medical centers.— (1) The Secretary of Defense shall maintain medical centers in areas with a large population of members of the armed forces and covered beneficiaries.

“(2) Medical centers shall serve as referral facilities for members and covered beneficiaries who require comprehensive health care services that support medical readiness.

“(3) Medical centers shall consist of the following:

“(A) Inpatient and outpatient tertiary care facilities that incorporate specialty and subspecialty care.

“(B) Graduate medical education programs.

“(C) Residency training programs.

“(D) Level one or level two trauma care capabilities.

“(c) Hospitals.— (1) The Secretary of Defense shall maintain hospitals in areas where civilian health care facilities are unable to support the health care needs of members of the armed forces and covered beneficiaries.

“(2) Hospitals shall provide—

“(A) inpatient and outpatient health services to maintain medical readiness; and

“(B) such other programs and functions as the Secretary determines appropriate.

“(3) Hospitals shall consist of inpatient and outpatient care facilities with limited specialty care that the Secretary determines—

“(A) is cost effective; or

“(B) is not available at civilian health care facilities in the area of the hospital.

“(d) Ambulatory care centers.— (1) The Secretary of Defense shall maintain ambulatory care centers in areas where civilian health care facilities are able to support the health care needs of members of the armed forces and covered beneficiaries.

“(2) Ambulatory care centers shall provide the outpatient health services required to maintain medical readiness, including with respect to partnerships established pursuant to section 707 of the National Defense Authorization Act for Fiscal Year 2017.

“(3) Ambulatory care centers shall consist of outpatient care facilities with limited specialty care that the Secretary determines—

“(A) is cost effective; or

“(B) is not available at civilian health care facilities in the area of the ambulatory care center.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter, as amended by section 702, is further amended by inserting after the item relating to section 1073c the following new item:


“1073d. Military medical treatment facilities.”.

(b) Update of study.—

(1) IN GENERAL.—The Secretary of Defense, in collaboration with the Secretaries of the military departments, shall update the report described in paragraph (2) to address the restructuring or realignment of military medical treatment facilities pursuant to section 1073d of title 10, United States Code, as added by subsection (a), including with respect to any expansions or consolidations of such facilities.

(2) REPORT DESCRIBED.—The report described in this paragraph is the Military Health System Modernization Study dated May 29th, 2015, required by section 713(a)(2) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3414).

(3) SUBMISSION.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the updated report under paragraph (1).

(c) Implementation plan.—

(1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an implementation plan to restructure or realign the military medical treatment facilities pursuant to section 1073d of title 10, United States Code, as added by subsection (a).

(2) ELEMENTS.—The implementation plan under paragraph (1) shall include the following:

(A) With respect to each military medical treatment facility—

(i) whether the facility will be realigned or restructured under the plan;

(ii) whether the functions of such facility will be expanded or consolidated;

(iii) the costs of such realignment or restructuring;

(iv) a description of any changes to the military and civilian personnel assigned to such facility as of the date of the plan;

(v) a timeline for such realignment or restructuring; and

(vi) the justifications for such realignment or restructuring, including an assessment of the capacity of the civilian health care facilities located near such facility.

(B) A description of the relocation of the graduate medical education programs and the residency programs.

SEC. 704. Access to urgent care under TRICARE program.

(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1077 the following new section:

§ 1077a. Access to military medical treatment facilities and other facilities

“(a) Urgent care.— (1) Beginning not later than one year after the date of the enactment of this section, the Secretary of Defense shall ensure that military medical treatment facilities, at locations the Secretary determines appropriate, provide urgent care services for members of the armed forces and covered beneficiaries until 11:00 p.m each day.

“(2) With respect to areas in which a military medical treatment facility covered by paragraph (1) is not located, the Secretary shall ensure that members of the armed forces and covered beneficiaries may access urgent care clinics that are open during the hours specified in such paragraph through the health care provider network under the TRICARE program.

“(3) A covered beneficiary may access urgent care services without the need for preauthorization for such services.

“(4) The Secretary shall—

“(A) publish information about changes in access to urgent care under the TRICARE program—

“(i) on the primary publicly available Internet website of the Department; and

“(ii) on the primary publicly available website of each military treatment facility; and

“(B) ensure that such information is made available on the publically available Internet website of each current managed care contractor that has established a health care provider network under the TRICARE program.

“(b) Nurse advice line.—The Secretary shall ensure that the nurse advice line of the Department directs covered beneficiaries seeking access to care to the source of the most appropriate level of health care required to treat the medical conditions of the beneficiaries, including urgent care services described in subsection (a).”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1077 the following new item:


“1077a. Access to military medical treatment facilities and other facilities”.

SEC. 705. Access to primary care clinics at military medical treatment facilities.

(a) In general.—Section 1077a of title 10, United States Code, as added by section 704, is amended by adding at the end the following new subsection:

“(c) Primary care clinics.— (1) The Secretary shall ensure that primary care clinics at military medical treatment facilities are available for members of the armed forces and covered beneficiaries between the hours determined appropriate under paragraph (2), including with respect to expanded hours described in subparagraph (B) of such paragraph.

“(2) (A) The Secretary shall determine the hours that each primary care clinic at a military medical treatment facility is available for members of the armed forces and covered beneficiaries based on—

“(i) the needs of the military treatment facility to meet the access standards under the TRICARE Prime program; and

“(ii) the primary care usage patterns of members and covered beneficiaries at such military medical treatment facility.

“(B) The primary care clinic hours at a military medical treatment facility determined under subparagraph (A) shall include expanded hours beyond regular business hours during weekdays and the weekend if the Secretary determines under such subparagraph that sufficient demand exists at the military medical treatment facility for such expanded primary care clinic hours.”.

(b) Implementation.—The Secretary of Defense shall implement subsection (c) of section 1077a of title 10, United States Code, as added by subsection (a), by not later than 180 days after the date of the enactment of this Act.

SEC. 706. Incentives for value-based health under TRICARE program.

(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1095g the following new section:

§ 1095h. TRICARE program: value-based health care

“(a) In general.—The Secretary of Defense may develop and implement value-based incentive programs as part of any contract awarded under this chapter for the provision of health care services to covered beneficiaries to encourage health care providers under the TRICARE program (including physicians, hospitals, and other persons and facilities involved in providing such health care services) to improve the following:

“(1) The quality of health care provided to covered beneficiaries under the TRICARE program.

“(2) The experience of covered beneficiaries in receiving health care under the TRICARE program.

“(3) The health of covered beneficiaries.

“(b) Value-based incentive programs.— (1) In developing value-based incentive programs under subsection (a), the Secretary shall—

“(A) link payments to health care providers under the TRICARE program to improved performance with respect to quality, cost, and reducing the provision of inappropriate care;

“(B) consider the characteristics of the population of covered beneficiaries affected by the value-based incentive program;

“(C) consider how the value-based incentive program would affect the receipt of health care under the TRICARE program by such covered beneficiaries;

“(D) establish or maintain an assurance that such covered beneficiaries will have timely access to health care during the operation of the value-based incentive program;

“(E) ensure that such covered beneficiaries do not incur any additional costs by reason of the value-based incentive program; and

“(F) consider such other factors as the Secretary considers appropriate.

“(2) With respect to a value-based incentive program developed and implemented under subsection (a), the Secretary shall ensure that—

“(A) the size, scope, and duration of the value-based incentive program is reasonable in relation to the purpose of the value-based incentive program; and

“(B) the value-based incentive program relies on the core quality performance metrics pursuant to section 711 of the National Defense Authorization Act for Fiscal Year 2017.

“(c) Use of existing models.—In developing a value-based incentive program under subsection (a), the Secretary may adapt a value-based incentive program conducted by a TRICARE managed care support contractor, the Centers for Medicare & Medicaid Services, or any other governmental or commercial health care program.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1095g the following new item:


“1095h. TRICARE program: value-based health care.”.

(c) Briefings.—

(1) PRIOR TO CERTAIN CONTRACT MODIFICATIONS.—Not later than 60 days before the date on which the Secretary of Defense modifies a contract awarded under chapter 55 of title 10, United States Code, to implement a value-based incentive program under section 1095h of such title, as added by subsection (a), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate (and any other appropriate congressional committee upon request) a briefing on any implementation plan of the Secretary with respect to such a value-based incentive program.

(2) ANNUAL BRIEFING.—Not later than one year after the date of the enactment of this Act, and annually thereafter through 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate (and any other appropriate congressional committee upon request) a briefing on the quality performance metrics and expenditures relating to a value-based incentive program developed and implemented under section 1095h of title 10, United States Code, as added by subsection (a).

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 707. Improvements to military-civilian partnerships to increase access to health care and readiness.

(a) Partnership agreements.—Subsection (a) of section 1096 of title 10, United States Code, is amended to read as follows:

“(a) Partnership agreements.—The Secretary of Defense may enter into a partnership agreement between facilities of the uniformed services and local or regional health care systems if the Secretary determines that such an agreement would—

“(1) result in the delivery of health care to which covered beneficiaries are entitled under this chapter—

“(A) in a more effective, efficient, or economical manner; and

“(B) at a level of quality at least comparable to the quality of services beneficiaries would receive from a military medical treatment facility; or

“(2) provide members of the armed forces with additional training opportunities to maintain readiness requirements.”.

(b) In general.—Such section 1096 is further amended—

(1) by redesignating subsections (c) and (d) as subsections (f) and (g), respectively; and

(2) by inserting after subsection (b) the following new subsections:

“(c) Criteria.—In entering into an agreement under subsection (a) between a facility of the uniformed services and a local or regional health care system, the Secretary shall—

“(1) identify and analyze—

“(A) the health care delivery options provided by the local or regional health care system; and

“(B) the health care services provided by the facility;

“(2) assess—

“(A) how such agreement affects the delivery of health care at the facility and the readiness of the members of the uniformed services;

“(B) the viability of the agreement with respect to succeeding on a long-term basis in the local community of the facility; and

“(C) the cost efficiency and effectiveness of the agreement; and

“(3) consult with—

“(A) the Secretary concerned;

“(B) representatives from such facility, including the leadership of the installation at which the facility is located, the leadership of the facility, and covered beneficiaries at such installation;

“(C) the TRICARE managed care support contractor with responsibility for such facility;

“(D) officials of the Federal, State, and local governments, as appropriate; and

“(E) representatives from the local or regional health care system.

“(d) Local consortium.—The Secretary shall ensure that an agreement entered into under subsection (a) between a facility of the uniformed services and a local or regional health care system is developed by a consortium representing the community of the facility and such health care system.

“(e) Biennial evaluation.—The Secretary of Defense shall evaluate each agreement entered into under subsection (a) on a biennial basis to—

“(1) assess whether the agreement provides increased access to health care for covered beneficiaries;

“(2) assess the training opportunities to maintain readiness requirements provided pursuant to such agreement; and

“(3) determine whether such agreement should continue.”.

(c) Removal of reimbursement limit for licensing fees.—Subsection (g) of such section 1096, as redesignated by subsection (a), is amended by striking “up to $500 of ”.

SEC. 708. Joint Trauma System.

(a) Plan.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan to establish a Joint Trauma System within the Defense Health Agency that promotes improved trauma care to members of the Armed Forces and other individuals who are eligible to be treated for trauma at a military medical treatment facility.

(2) IMPLEMENTATION.—The Secretary shall implement the plan under paragraph (1) after a 90-day period has elapsed following the date on which the Comptroller General of the United States is required to submit to the Committees on Armed Services of the House of Representatives and the Senate the review under subsection (c). In implementing such plan, the Secretary shall take into account any recommendation made by the Comptroller General under such review.

(b) Elements.—The Joint Trauma System described in subsection (a)(1) shall include the following elements:

(1) Serve as the reference body for all trauma care provided across the military health system.

(2) Establish standards of care for trauma services provided at military medical treatment facilities.

(3) Coordinate the translation of research from the centers of excellence of the Department of Defense into standards of clinical trauma care.

(4) Coordinate the incorporation of lessons learned from the trauma education and training partnerships pursuant to section 709 into clinical practice.

(c) Review.—Not later than 120 days after the date on which the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate the implementation plan under subsection (a)(1), the Comptroller General of the United States shall submit to such committees a review of such plan to determine if each element under subsection (b) is included in such plan.

(d) Review of military trauma system.—In establishing a Joint Trauma System, the Secretary of Defense may seek to enter into an agreement with a non-governmental entity with subject matter experts to—

(1) conduct a system-wide review of the military trauma system; and

(2) make publicly available a report containing such review and recommendations to establish a comprehensive trauma system for the Armed Forces.

SEC. 709. Joint Trauma Education and Training Directorate.

(a) Establishment.—The Secretary of Defense shall establish a Joint Trauma Education and Training Directorate (in this section referred to as the “Directorate”) to ensure that the traumatologists of the Armed Forces maintain readiness and are able to be rapidly deployed for future armed conflicts. The Secretary shall carry out this section in collaboration with the Secretaries of the military departments.

(b) Duties.—The duties of the Directorate are as follows:

(1) To enter into and coordinate the partnerships under subsection (c).

(2) To establish the goals of such partnerships necessary for trauma combat casualty care teams led by traumatologists to maintain professional competency in trauma care.

(3) To establish metrics for measuring the performance of such partnerships in achieving such goals.

(4) To develop methods of data collection and analysis for carrying out paragraph (3).

(5) To communicate and coordinate lessons learned from such partnerships with the Joint Trauma System established under section 708.

(c) Partnerships.—

(1) IN GENERAL.—The Secretary shall enter into partnerships with civilian academic medical centers and large metropolitan teaching hospitals that have level I civilian trauma centers.

(2) TRAUMA COMBAT CASUALTY CARE TEAMS.—Under the partnerships entered into with civilian academic medical centers and large metropolitan teaching hospitals under paragraph (1), trauma combat casualty care teams of the Armed Forces led by traumatologists of the Armed Forces shall embed within the trauma centers of the medical centers and hospitals on an enduring basis.

(3) SELECTION.—The Secretary shall select civilian academic medical centers and large metropolitan teaching hospitals to enter into partnerships under paragraph (1) based on patient volume, acuity, and other factors the Secretary determines necessary to ensure that the traumatologists of the Armed Forces and the associated clinical support teams have adequate and continuous exposure to critically injured patients.

(4) CONSIDERATION.—In entering into partnerships under paragraph (1), the Secretary may consider the experiences and lessons learned by the military departments that have entered into memoranda of understanding with civilian medical centers for trauma care.

(d) Analysis.—The Secretary of Defense shall conduct an analysis to determine the number of traumatologists of the Armed Forces, by specialty, that must be maintained within the Department of Defense to meet the requirements of the combatant commands.

(e) Implementation plan.—Not later than July 1, 2017, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan for establishing the Joint Trauma Education and Training Directorate under subsection (a) and entering into partnerships under subsection (c).

(f) Level I civilian trauma center defined.—In this section, the term “level I civilian trauma center” means a comprehensive regional resource that is a tertiary care facility central to the trauma system and is capable of providing total care for every aspect of injury from prevention through rehabilitation.

SEC. 710. Improvements to access to health care in military medical treatment facilities.

(a) First call resolution.—

(1) IN GENERAL.—The Secretary of Defense shall implement standard processes to ensure that, in the case of a beneficiary contacting a military medical treatment facility over the telephone for, at a minimum, scheduling an appointment, requesting a prescription drug refill, and other matters determined appropriate by the Secretary, the needs of the beneficiary are met during the first such telephone call.

(2) METRICS.—The Secretary shall—

(A) develop metrics, collect data, and evaluate the performance of the processes implemented under paragraph (1); and

(B) carry out satisfaction surveys to monitor the satisfaction of beneficiaries with such processes, including with respect to the satisfaction regarding access to appointments and patient care.

(b) Appointment scheduling.—

(1) IN GENERAL.—The Secretary shall implement standard processes to schedule beneficiaries for appointments at military medical treatment facilities.

(2) ELEMENTS.—The standard processes implemented under paragraph (1) shall include the following:

(A) Requiring clinics at military medical treatment facilities to allow a beneficiary to schedule an appointment for wellness visits or follow-up appointments during the six-month or longer period beginning on the date of the request for the appointment.

(B) A process to remind a beneficiary of future appointments in a manner that the beneficiary prefers, which may include sending postcards to the beneficiary prior to appointments and making reminder telephone calls, emails, or cellular text messages to the beneficiary at specified intervals prior to appointments.

(c) Appointment supply and demand.—

(1) PRODUCTIVITY.—The Secretary shall implement standards for the productivity of health care providers at military medical treatment facilities. In developing such standards, the Secretary shall consider civilian benchmarks for measuring the productivity of health care providers, the optimal number of appointments (patient contact hours) required to maintain access according to the standards developed by the Secretary, and readiness requirements.

(2) MANAGING USE OF FACE-TO-FACE APPOINTMENTS.—The Secretary shall implement strategies for managing the use of face-to-face appointments at military medical treatment facilities. Such strategies may include—

(A) maximizing the use of telehealth and virtual appointments for beneficiaries at the discretion of the health care provider and the beneficiary;

(B) the implementation of remote patient monitoring of chronic conditions to improve outcomes and reduce the number of follow-up appointments for beneficiaries; and

(C) maximizing the use of secure messaging between health care providers and beneficiaries to improve the access of beneficiaries to health care and reduce the number of visits for health care needs.

(d) Implementation.—The Secretary shall implement subsections (a), (b), and (c) by not later than February 1, 2017.

(e) Briefing.—Not later than March 1, 2017, the Secretary shall provide the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of subsections (a), (b), and (c).

(f) Beneficiaries defined.—In this section, the term “beneficiaries” means members of the Armed Forces and covered beneficiaries (as defined in section 1072(5) of title 10, United States Code).

SEC. 711. Adoption of core quality performance metrics.

(a) Adoption.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall adopt the core quality performance metrics agreed upon by the Core Quality Measures Collaborative for use by the military health system and in contracts awarded to carry out the TRICARE program.

(2) CORE MEASURES.—The core quality performance metrics described in paragraph (1) shall include the following sets:

(A) Accountable care organizations, patient centered medical homes and primary care.

(B) Cardiology.

(C) Gastroenterology.

(D) HIV and hepatitis C.

(E) Medical oncology.

(F) Obstetrics and gynecology.

(G) Orthopedics.

(b) Definitions.—In this section:

(1) The term “Core Quality Measures Collaborative” means the collaboration between the Centers for Medicare & Medicaid Services, major health insurance companies, national physician organizations, and other entities to reach consensus on core performance measures reported by health care providers.

(2) The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.

SEC. 712. Study on improving continuity of health care coverage for Reserve Components.

(a) Study.—The Secretary of Defense shall conduct a study of options for providing health care coverage that improves the continuity of health care provided to current and former members of the Selected Reserve of the Ready Reserve who are not—

(1) serving on active duty;

(2) eligible for the Transitional Assistance Management Program under section 1145 of title 10, United States Code; or

(3) eligible for the Federal Employees Health Benefit Program under chapter 89 of title 5.

(b) Elements.—The study under subsection (a) shall address the following:

(1) Whether to allow current and former members of the Selected Reserve to participate in the Federal Employees Health Benefit Program under chapter 89 of title 5.

(2) Whether to pay a stipend to current and former members to continue coverage in a health plan obtained by the member.

(3) Whether to allow current and former members to participate in the TRICARE program under section 1076d of title 10, United States Code.

(4) Whether to allow members of the National Guard assigned to Homeland Response Force Units mobilized for a State emergency pursuant to chapter 9 of title 32, United States Code, to remain eligible for the TRICARE program.

(5) Any other options for providing health care coverage to current and former members of the Selected Reserve the Secretary considers appropriate.

(c) Consultation.—In carrying out the study under subsection (a), the Secretary shall consult with, and obtain the opinions of, current and former members of the Selected Reserve, including the leadership of the Selected Reserve.

(d) Submission.—

(1) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a).

(2) MATTERS INCLUDED.—The report under paragraph (1) shall include the following:

(A) A description of the health care coverage options addressed by the Secretary under subsection (b).

(B) Identification of such health care coverage option that the Secretary recommends as the best option.

(C) The justifications for such recommended best option.

(D) The number and proportion of the current and former members of the Selected Reserve projected to participate in such recommended best option.

(E) A determination of the appropriate cost sharing for such recommended best option with respect to the percentage contribution as a monthly premium for current members of the Selected Reserve.

(F) An estimate of the cost of implementing such recommended best option.

(G) Any legislative language required to implement such recommended best option.

SEC. 721. Provision of hearing aids to dependents of retired members.

Section 1077 of title 10, United States Code, is amended—

(1) in subsection (a)(16), by striking “A hearing aid” and inserting “Except as provided by subsection (g), a hearing aid”; and

(2) by adding at the end the following new subsection:

“(g) In addition to the authority to provide a hearing aid under subsection (a)(16), hearing aids may be sold under this section to dependents of former members of the uniformed services at cost to the United States.”.

SEC. 722. Extended TRICARE program coverage for certain members of the National Guard and dependents during certain disaster response duty.

(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1076e the following new section:

§ 1076f. TRICARE program: extension of coverage for certain members of the National Guard and dependents during certain disaster response duty

“(a) Extended coverage.—During a period in which a member of the National Guard is performing disaster response duty, the member shall be treated as being on active duty for a period of more than 30 days for purposes of the eligibility of the member and dependents of the member for health care benefits under the TRICARE program if such period immediately follows a period in which the member served on full-time National Guard duty under section 502(f) of title 32, including pursuant to chapter 9 of such title, unless the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) determines that such extended eligibility is not in the best interest of the member or the State.

“(b) Contribution by State.— (1) The Secretary may charge a State for the costs of providing coverage under the TRICARE program to members of the National Guard of the State and the dependents of the members pursuant to subsection (a). Such charges shall be paid from the funds of the State or from any other non-Federal funds.

“(2) Any amounts received by the Secretary under paragraph (1) shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section, including to carry out subsection (a) of this section.

“(c) Definitions.—In this section:

“(1) The term ‘disaster response duty’ means duty performed by a member of the National Guard in State status pursuant to an emergency declaration by the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) in response to a disaster or in preparation for an imminent disaster.

“(2) The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1076e the following new item:


“1076f. TRICARE program: extension of coverage for certain members of the National Guard and dependents during certain disaster response duty.”.

SEC. 731. Prospective payment of funds necessary to provide medical care for the Coast Guard.

(a) In general.—Chapter 13 of title 14, United States Code, is amended by adding at the end the following:

§ 519. Prospective payment of funds necessary to provide medical care

“(a) Prospective payment required.—In lieu of the reimbursement required under section 1085 of title 10, the Secretary of Homeland Security shall make a prospective payment to the Secretary of Defense of an amount that represents the actuarial valuation of treatment or care—

“(1) that the Department of Defense shall provide to members of the Coast Guard, former members of the Coast Guard, and dependents of such members and former members (other than former members and dependents of former members who are a Medicare-eligible beneficiary or for whom the payment for treatment or care is made from the Medicare-Eligible Retiree Health Care Fund) at facilities under the jurisdiction of the Department of Defense or a military department; and

“(2) for which a reimbursement would otherwise be made under section 1085.

“(b) Amount.—The amount of the prospective payment under subsection (a) shall be—

“(1) in the case of treatment or care to be provided to members of the Coast Guard and their dependents, derived from amounts appropriated for the operating expenses of the Coast Guard;

“(2) in the case of treatment or care to be provided former members of the Coast Guard and their dependents, derived from amounts appropriated for retired pay;

“(3) determined under procedures established by the Secretary of Defense;

“(4) paid during the fiscal year in which treatment or care is provided; and

“(5) subject to adjustment or reconciliation as the Secretaries determine appropriate during or promptly after such fiscal year in cases in which the prospective payment is determined excessive or insufficient based on the services actually provided.

“(c) No prospective payment when service in Navy.—No prospective payment shall be made under this section for any period during which the Coast Guard operates as a service in the Navy.

“(d) Relationship to TRICARE.—This section shall not be construed to require a payment for, or the prospective payment of an amount that represents the value of, treatment or care provided under any TRICARE program.”.

(b) Clerical amendment.—The analysis for chapter 13 of title 14, United States Code, is amended by adding at the end the following:


“519. Prospective payment of funds necessary to provide medical care.”.

(c) Repeal.—Section 217 of the Coast Guard Authorization Act of 2016 (Public Law 114–120), as amended by section 3504, and the item relating to that section in the table of contents in section 2 of such Act, are repealed.

SEC. 732. Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic stress.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) conduct a comprehensive review of the prescribing practices at military treatment facilities of pharmaceutical agents for the treatment of post-traumatic stress;

(2) implement a process or processes to monitor the prescribing practices at military treatment facilities of pharmaceutical agents that are discouraged from use under the VA/DOD Clinical Practice Guideline for Management of Post-Traumatic Stress; and

(3) implement a plan to address any deviations from such guideline in prescribing practices of pharmaceutical agents for management of post-traumatic stress at such facilities.

(b) Pharmaceutical Agent Defined.—In this section, the term “pharmaceutical agent” has the meaning given that term in section 1074g(g) of title 10, United States Code.

SEC. 733. Use of mefloquine for malaria.

(a) Mefloquine.—In providing health care to members of the Armed Forces, the Secretary of Defense shall require—

(1) that the use of mefloquine for the prophylaxis of malaria be limited to members with intolerance or contraindications to other chemoprophylaxis;

(2) that mefloquine be prescribed by a licensed medical provider on an individual basis, and

(3) that members prescribed mefloquine for malaria prophylaxis be counseled by the medical provider about the potential side effects of the drug and be provided the Food and Drug Administration-required patient information handouts.

(b) Process and review.—

(1) PROCESS.—Not later than 180 days after the date of the enactment of this Act, in providing health care to members of the Armed Forces, the Secretary shall develop a standardized process to document the screening for contraindications and patient education, including a prior authorization form, to be used by all medical providers prescribing mefloquine for malaria prophylaxis.

(2) ANNUAL REVIEW.—The Secretary shall conduct an annual review of each mefloquine prescription at all military medical treatment facilities to evaluate the documentation of the assessment for contraindications, justification for not using other chemoprophylaxis, and patient education for the safe use of mefloquine and its side effects.

(c) Adverse health effects of mefloquine.—The Secretary of Defense shall expand the missions of the Hearing Center of Excellence, the Vision Center of Excellence, the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (including the Deployment Health Clinical Center), and the Center for Deployment Health Research to include, as appropriate, improving the clinical evaluation, diagnosis, management, and epidemiological study of adverse health effects among members of the Armed Forces following exposure to mefloquine.

SEC. 734. Applied behavior analysis.

(a) Rates of reimbursement.—

(1) IN GENERAL.—In furnishing applied behavior analysis under the TRICARE program to individuals described in paragraph (2) during the period beginning on the date of the enactment of this Act, and ending on December 31, 2018, the Secretary of Defense shall ensure that the reimbursement rates for providers of applied behavior analysis are not less than the rates that were in effect on March 31, 2016.

(2) INDIVIDUALS DESCRIBED.—Individuals described in this paragraph are individuals who are covered beneficiaries (as defined in section 1072 of title 10, United States Code) by reason of being a member or former member of the Army, Navy, Air Force, or Marine Corps, including the reserve components thereof, or a dependent of such a member or former member.

(b) Analysis.—

(1) IN GENERAL.—Upon the completion of the Department of Defense Comprehensive Autism Care Demonstration, the Assistant Secretary of Defense for Health Affairs shall conduct an analysis to—

(A) use data gathered during the demonstration to set future reimbursement rates for providers of applied behavior analysis under the TRICARE program; and

(B) review comparative commercial insurance claims for purposes of setting such future rates, including by—

(i) conducting an analysis of the comparative total of commercial insurance claims billed for applied behavior analysis; and

(ii) reviewing any covered beneficiary limitations on access to applied behavior analysis services at various military installations throughout the United States.

(2) SUBMISSION.—The Assistant Secretary shall submit to the congressional defense committees the analysis conducted under paragraph (1).

(c) Funding.—

(1) INCREASE.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Private Sector Care is hereby increased by $32,000,000.

(2) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense (Line 300) is hereby reduced by $32,000,000.

(d) Sense of Congress.—It is the sense of Congress that amounts should be appropriated for behavioral health treatment of TRICARE beneficiaries, including pursuant to this section, in a manner to ensure the appropriate and equitable access to such treatment by all such beneficiaries.

SEC. 741. Mental health resources for members of the military services at high risk of suicide.

(a) In general.—The Secretary of Defense shall develop a methodology that identifies which members and units of the military services are at high risk of suicide.

(b) Mental Health Resources.—

(1) HIGH RISK MEMBERS OF THE MILITARY SERVICES.—The Secretary of Defense shall use the results under subsection (c) to—

(A) identify which units have a disproportionately high rate of suicide and suicide attempts; and

(B) provide additional preventative and treatment resources for mental health for members of the military services who were deployed with the units identified under subparagraph (A).

(2) PREVENTATIVE MENTAL HEALTH CARE.—The Secretary of Defense shall use the results under subsection (c) to—

(A) identify the circumstances of deployments associated with increased vulnerability to suicide, including the length of deployment, the region and area of deployment, and the nature and extent to which there was contact with enemy forces; and

(B) provide additional preventative mental health care to units who currently are, or will be, deployed under circumstances similar to those of subparagraph (A).

(3) HIGH RISK VETERANS.—The Secretary of Veterans Affairs shall use the results under subsection (c) to provide outreach regarding the available preventative and treatment resources for mental health for enrolled veterans who were deployed with the units identified under this subsection.

(c) Methodology.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a methodology to assess the rate of suicide and suicide attempts of members of the military services of units that have been deployed in support of a contingency operation after September 11, 2001.

(d) Reports.—Not later than September 30, 2017, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate a report on the activities carried out under this section and the effectiveness of such activities.

(e) Restriction on use of information.—Information disclosed or obtained pursuant to the provisions of this section may be used by officers, employees, and contractors of the Department of Defense only for the purposes of, and to the extent necessary in, carrying out this section.

(f) Definitions.—In this section:

(1) MILITARY SERVICES.—The term “military services” means the Army, Navy, Air Force, and the Marine Corps, including the reserve components thereof.

(2) ENROLLED VETERAN.—The term “enrolled veteran” means a veteran enrolled in the health care system of the Department of Veterans Affairs.

SEC. 742. Research of chronic traumatic encephalopathy.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for advanced development for research, development, test, and evaluation for the Defense Health Program, not more than $25,000,000 may be used to award grants to medical researchers and universities to support research into early detection of chronic traumatic encephalopathy.

SEC. 743. Active oscillating negative pressure treatment.

In furnishing health care and medical treatment to members of the Armed Forces who have incurred injuries from improvised explosive devices and other blast-related events, the Secretary of Defense shall consider using non-invasive technologies that increase blood flow to areas of reduced circulation, including through the use of active oscillating negative pressure treatment.

SEC. 744. Long-term study on health of helicopter and tiltrotor pilots.

(a) Study required.—The Secretary of Defense shall carry out a long-term study of career helicopter and tiltrotor pilots to assess potential links between the operation of helicopter and tiltrotor aircraft and acute and chronic medical conditions experienced by such pilots.

(b) Elements.—The study under subsection (a) shall include the following:

(1) A study of career helicopter and tiltrotor pilots compared to a control population that—

(A) takes into account the amount of time such pilots operated aircraft;

(B) examines the severity and rates of acute and chronic injuries experienced by such pilots; and

(C) determines whether such pilots experience a higher degree of acute and chronic medical conditions than the control population.

(2) If a higher degree of acute and chronic medical conditions is observed among such pilots, an explanation of—

(A) the specific causes of the conditions (such as whole body vibration, seat and cockpit ergonomics, landing loads, hard impacts, and pilot-worn gear); and

(B) any costs associated with treating the conditions if the causes are not mitigated.

(3) A review of relevant scientific literature and prior research.

(4) Such other information as the Secretary determines to be appropriate.

(c) Duration.—The duration of the study under subsection (a) shall be not more than 2 years.

(d) Briefing.—Not later than June 6, 2017, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives (and other congressional defense committees on request) a briefing on the progress of the Secretary in carrying out the study under subsection (a).

SEC. 745. Pilot program for prescription drug acquisition cost parity in the TRICARE pharmacy benefits program.

(a) Authority to establish pilot program.—The Secretary of Defense may conduct a pilot program to evaluate whether, in carrying out the TRICARE pharmacy benefits program under section 1074g of title 10, United States Code, extending additional discounts for prescription drugs filled at retail pharmacies will maintain or reduce prescription drug costs for the Department of Defense.

(b) Elements of pilot program.—In carrying out the pilot program under subsection (a), the Secretary shall require that for prescription medications, including but not limited to non-generic maintenance medications, that are dispensed to retired TRICARE beneficiaries that are not Medicare eligible, through any TRICARE participating retail pharmacy, including small business pharmacies, manufacturers shall pay rebates such that those medications are available to the Department at the lowest rate available. In addition to utilizing the authority under section 1074g(f) of title 10, United States Code, the Secretary shall have the authority to enter into a purchase blanket agreement with prescription drug manufactures for supplemental discounts for prescription drugs dispensed in the pilot to be paid in the form of manufactures rebates.

(c) Consultation.—The Secretary shall develop the pilot program in consultation with—

(1) the Secretaries of the military departments, including Army, Navy and Air Force;

(2) the Chief, Pharmacy Operations Division, of the Defense Health Agency; and

(3) stakeholders, including TRICARE beneficiaries and retail pharmacies.

(d) Duration of pilot program.—If the Secretary carries out the pilot program under subsection (a), the Secretary shall commence such pilot program no later than October 1, 2017, and may terminate such program no later than September 30, 2018.

(e) Reports.—If the Secretary carries out the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees, including the House and Senate Committees on Armed Services, reports on the pilot program as follows:

(1) Not later than 90 days after the date of the enactment of this Act, a report containing an implementation plan for the pilot program.

(2) Not later than 180 days after the date on which the pilot program commences, an interim report on the pilot program.

(3) Not later than 90 days after the date on which the pilot program terminates, a final report describing the results of the pilot program, including any recommendations of the Secretary to expand such program. The final report will include—

(A) an analysis of the changes in prescription drug costs for the Department related to the pilot program;

(B) an analysis of the impact on beneficiary access to prescription drugs;

(C) a survey of beneficiary satisfaction with the pilot program;

(D) a summary of any fraud and abuse activities related to the pilot and actions taken in response by the Department; and

(E) a comparison of immunization rates for beneficiaries participating in the pilot and those outside of the pilot.

SEC. 746. Study on display of wait times at urgent care clinics, pharmacies, and emergency rooms of military medical treatment facilities.

(a) Study.—

(1) IN GENERAL.—The Secretary of Defense shall conduct a study on the feasibility of placing in a conspicuous location at each urgent care clinic of a military medical treatment facility, pharmacy of such a facility, and emergency room of such a facility an electronic sign that displays the current average wait time for a patient to be seen by a qualified medical professional or to receive a filled prescription, as the case may be.

(2) DETERMINATION OF CERTAIN WAIT TIMES.—For purposes of conducting the study under paragraph (1) with respect to urgent care clinics and emergency rooms, the average wait time that would be displayed shall be—

(A) determined by calculating, for the four-hour period preceding the calculation, the average length of time beginning at the time of the arrival of a patient and ending at the time at which the patient is first seen by a doctor of medicine, a doctor of osteopathy, a physician assistant, or an advanced registered nurse practitioner; and

(B) updated every 30 minutes.

(b) Report.—Not later than March 1, 2017, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the study conducted under subsection (a)(1), including the estimated costs for displaying the wait times as described in such subsection.

SEC. 747. Report on feasibility of including acupuncture and chiropractic services for retirees under TRICARE program.

Not later than November 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of furnishing acupuncture services and chiropractic services under the TRICARE program to beneficiaries who are retired members of the uniformed services (not including any dependent of such a retired member).

SEC. 748. Clarification of submission of reports on longitudinal study on traumatic brain injury.

Section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) shall not apply to reports submitted by the Secretary of Defense to Congress under section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2294).

SEC. 749. Increased collaboration with NIH to combat triple negative breast cancer.

The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—

(1) identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and

(2) provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—

(A) triple negative breast cancer patients to be identified earlier in the progression of their disease; and

(B) the development of multiple targeted therapies for the disease.

SEC. 750. Department of Defense studies on preventing the diversion of opioid medications.

(a) Studies.—With respect to programs of the Department of Defense that dispense drugs to patients, the Secretary of Defense (referred to in this section as the “Secretary”) shall study the feasibility, the effectiveness in preventing the diversion of opioid medications, and the cost-effectiveness of—

(1) requiring that such programs, in appropriate cases, dispense opioid medications in vials using affordable technologies designed to prevent access to the medications by anyone other than the intended patient, such as a vial with a locking-cap closure mechanism; and

(2) the Secretary providing education on the risks of opioid medications to individuals for whom such medications are prescribed, and to their families, with special consideration given to raising awareness among adolescents on such risks.

(b) Feedback.—In conducting the studies under subsection (a), the Secretary shall seek feedback (on a confidential basis when appropriate) from the individuals and entities involved in the studies.

(c) Report to congress.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the studies conducted under subsection (a).

SEC. 801. Revision to authorities relating to Department of Defense Test Resource Management Center.

Section 196 of title 10, United States Code, is amended—

(1) in subsection (c)(1)(B), by striking “of the Major Range and Test Facility Base, including with respect to the expansion, divestment, consolidation, or curtailment of activities,” and inserting the following: “that comprise the Major Range and Test Facility Base and other facilities and resources used to support the acquisition programs of the Department of Defense”;

(2) in subsection (d)(2)(E)—

(A) by striking “plans and business case analyses supporting any significant modification of” and inserting “implementation plans and analyses supporting any significant change to”; and

(B) by striking “including with respect to the expansion, divestment, consolidation, or curtailment of activities”;

(3) in subsection (f)—

(A) in the subsection heading, by striking “modifications” and inserting “changes”;

(B) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking “modification of the test” and all that follows through “activities,” and inserting “change of the test and evaluation facilities and resources that comprise the Major Range and Test Facility Base and other facilities and resources used to support the acquisition programs of the Department of Defense”;

(ii) in subparagraph (A), by striking “a business case analysis for such modification” and inserting “an implementation plan and analysis, including an analysis of cost considerations, that supports such a change”; and

(iii) in subparagraph (B), by striking “analysis and approves such modification” and inserts “plan and analysis and approves such change”; and

(C) in paragraph (2), by striking “business case” and inserting “implementation plan and”; and

(4) in subsection (i)—

(A) by striking “In this section, the term” and inserting “In this section:

“(1) The term”; and

(B) by adding at the end the following new paragraph:

“(2) The term ‘significant change’ means—

“(A) any action that will limit or preclude a test and evaluation capability from fully performing its intended purpose;

“(B) any action that affects the ability of the Department of Defense to conduct test and evaluation in a timely or cost-effective manner; or

“(C) any expansion or addition that develops a new significant test capability.”.

SEC. 802. Amendments to restrictions on undefinitized contractual actions.

(a) Allowable profit.—Section 2326(e) of title 10, United States Code, is amended—

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

(2) by inserting “(1)” before “The head”; and

(3) by adding at the end the following new paragraph:

“(2) If a contractor submits a qualifying proposal to definitize an undefinitized contractual action and the contracting officer for such action definitized the contract after the end of the 180-day period beginning on the date on which the contractor submitted the qualifying proposal, the head of the agency concerned shall ensure that the profit allowed on the contract accurately reflects the cost risk of the contractor as it existed on the date the contractor submitted the qualifying proposal.”.

(b) Foreign military sales.—Section 2326 of such title is further amended—

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

(2) by inserting after subsection (e) the following new subsection (f):

“(f) Foreign military sales.—A contracting officer of the Department of Defense may not enter into an undefinitized contractual action for a foreign military sale unless the contractual action provides for agreement upon contractual terms, specifications, and price by the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize such terms, specifications, and price. This subsection may be waived in the same manner as subsection (b) may be waived under subsection (b)(4).”.

(c) Definitions.—Subsection (h) of such section, as redesignated by subsection (b), is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (A); and

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

(2) in paragraph (2), by striking “complete and meaningful audits” and all that follows through the period and inserting “a meaningful audit of the information contained in the proposal.”.

SEC. 803. Revision to requirements relating to inventory method for Department of Defense contracts for services.

(a) Revision to current requirements.—Section 2330a of title 10, United States Code, is amended—

(1) by striking subsections (c), (d), (f), and (g);

(2) by redesignating subsections (e), (h), (i), and (j) as subsections (d), (e), (f), and (g), respectively; and

(3) by inserting after subsection (b) the following new subsection (c):

“(c) Inventory.— (1) The Secretary of Defense shall implement a method for inventory of Department of Defense contracts for services. The method implemented under this subsection shall provide the capability to—

“(A) make appropriate comparisons of contractor and Government civilian full-time equivalent employees for the purpose of informing sourcing decisions and workforce planning in compliance with section 129a of this title;

“(B) distinguish between different types of services contracts, including contracts for labor or staff augmentation and other types of services contracts;

“(C) provide qualitative information such as the nature of the work performed, the place where the work is actually performed (on-site or off-site), and the entity for which the work is performed; and

“(D) identify the number of contractor employees, expressed as full-time equivalents for direct labor, using direct labor hours and associated cost data collected from contractors.

“(2) The Secretary shall ensure that the method implemented under this subsection is auditable at minimal cost.”.

(b) Implementation of inventory method.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement a method for inventory of Department of Defense contracts for services, as required by subsection (c) of section 2330a, as amended by subsection (a). In implementing the method, the Secretary shall use methods and systems, including time-and-attendance systems, or combinations of methods and systems, in existence as of the date of the enactment of this Act, as determined appropriate by the Secretary.

(c) Submission to Congress.—Not later than the end of the third quarter of each fiscal year, through fiscal year 2021, the Secretary of Defense shall submit to Congress a summary of the inventory reporting activities performed by each military department, each combatant command, and each Defense Agency, during the preceding fiscal year pursuant to contracts for services (and pursuant to contracts for goods to the extent services are a significant component of performance as identified in a separate line item of a contract) for or on behalf of the Department of Defense.

(d) Conforming amendments.—

(1) Section 2330a of title 10, United States Code, is further amended—

(A) in subsection (d), as redesignated by subsection (a)(2) of this section, by striking “Within 90 days after the date on which an inventory is submitted under subsection (c),” and inserting “Not later than the end of each fiscal year,”; and

(B) in subsection (e), as so redesignated—

(i) by striking “2014 and ending with 2016” and inserting “2017 and ending with 2018”; and

(ii) by striking “subsections (e) and (f)” and inserting “subsection (c)”.

(2) Section 235(b) of such title is amended—

(A) by striking “and separately” and all the follows through “amount requested” and inserting “and separately identify the amount requested and the number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees)”;

(B) by striking “; and” and inserting a period; and

(C) by striking paragraph (2).

SEC. 804. Procurement of personal protective equipment.

Section 884 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 948; 10 U.S.C. 2302 note) is amended—

(1) by inserting “(a) Requirement.—” before “The Secretary of Defense”;

(2) by striking “that is predominately” and all that follows through “price” and inserting “described in subsection (b)”; and

(3) by adding at the end the following new subsection:

“(b) Source selection criteria described.—For purposes of subsection (a), the source selection criteria described in this subsection are criteria—

“(1) that are predominately based on technical qualifications of the item and not predominately based on price;

“(2) that do not use reverse auction or lowest price technically acceptable contracting methods; and

“(3) that reflect a preference for best value source selection methods.”.

SEC. 805. Revision to effective date of senior executive benchmark compensation for allowable cost limitations.

(a) Repeal of retroactive applicability.—Section 803(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1485; 10 U.S.C. 2324 note) is amended by striking “amendments made by” and all that follows and inserting “amendments made by this section shall apply with respect to costs of compensation incurred after January 1, 2012, under contracts entered into on or after December 31, 2011.”.

(b) Applicability.—The amendment made by subsection (a) shall take effect as of December 31, 2011, and shall apply as if included in the National Defense Authorization Act for Fiscal Year 2012 as enacted.

SEC. 806. Amendments related to detection and avoidance of counterfeit electronic parts.

Section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note) is amended—

(1) in paragraph (3) of subsection (c)—

(A) by striking the heading and inserting “Suppliers meeting anticounterfeiting requirements.—”;

(B) in subparagraph (A)(i), by striking “trusted suppliers in accordance with regulations issued pursuant to subparagraph (C) or (D) who” and inserting “suppliers that meet anticounterfeiting requirements in accordance with regulations issued pursuant to subparagraph (C) or (D) and that”;

(C) in subparagraphs (A)(ii) and (A)(iii), by striking “trusted suppliers” each place it appears and inserting “suppliers that meet anticounterfeiting requirements”;

(D) in subparagraph (C), by striking “as trusted suppliers those” and inserting “suppliers”;

(E) in subparagraph (D) in the matter preceding clause (i), by striking “trusted suppliers” and inserting “suppliers that meet anticounterfeiting requirements”; and

(F) in subparagraphs (D)(i) and (D)(iii), by striking “trusted” each place it appears; and

(2) in subsection (e)(2)(A)(v), by striking “use of trusted suppliers” and inserting “the use of suppliers that meet applicable anticounterfeiting requirements”.

SEC. 807. Amendments to special emergency procurement authority.

Section 1903(a) of title 41, United States Code, is amended—

(1) by striking “or” at the end of paragraph (1);

(2) by striking the period at the end of paragraph (2) and inserting a semicolon; and

(3) by adding after paragraph (2) the following new paragraphs:

“(3) in support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or

“(4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).”.

SEC. 808. Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces.

Section 418 of title 37, United States Code, is amended by adding at the end the following new subsection:

“(d) (1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.

“(2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall comply with the requirements of section 2533a of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 of title 10 (or any other provision of law).

“(3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear—

“(A) is medically required to meet unique physiological needs of the member; and

“(B) cannot be met with athletic footwear that complies with the requirements of this subsection.”.

SEC. 809. Requirement for policies and standard checklist in procurement of services.

(a) Requirement.—Section 2330a of title 10, United States Code, as amended by section 803, is further amended by adding by adding at the end the following new subsection:

“(h) Request for services contract approval.— (1) The Under Secretary of Defense for Personnel and Readiness shall—

“(A) ensure that Department of Defense Instruction 1100.22, Guidance for Manpower Mix, is modified to incorporate policies establishing a standard checklist to be completed ensuring the appropriate alignment of workload to the private sector prior to the issuance of a solicitation for any new contract for services or exercising an option under an existing contract for services, including services provided under a contract for goods; and

“(B) in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, ensure that such policies and checklist are incorporated by reference or otherwise into the Service Requirements Review Board processes established under Department of Defense Instruction 5000.74 and into the pre-solicitation requirements of the Defense Federal Acquisition Regulation Supplement.

“(2) Such checklist shall, at minimum, consolidate and address workforce management and sourcing considerations established under sections 129, 129a, 2461, and 2463 of this title as well as Office of Federal Procurement Policy Letter 11–01.”.

(b) Army model.—In implementing section 2330a(g) of title 10, United States Code, as added by subsection (a), the Under Secretary of Defense for Personnel and Readiness shall model, to the maximum extent practicable, its policies and checklist on the policies and checklist relating to services contract approval established and in use by the Department of the Army (as set forth in the request for services contract approval form updated as of August 2012, or any successor form).

(c) Deadline.—The policies required under such section 2230a(g) of such title, as so added, shall be issued within one year after the date of the enactment of this Act.

SEC. 809A. Extension of limitation on aggregate annual amount available for contract services.

Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489), as most recently amended by section 813 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3429) is further amended—

(1) in subsections (a) and (b), by striking “or 2015” and inserting “2015, 2016, or 2017”;

(2) in subsection (c)(3), by striking “and 2015” and inserting “2015, 2016, and 2017”;

(3) in subsection (d)(4), by striking “or 2015” and inserting “2015, 2016, or 2017”; and

(4) in subsection (e), by striking “2015” and inserting “2017”.

SEC. 809B. Extension of authority for enhanced transfer of technology developed at department of defense laboratories.

Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 804; 10 U.S.C. 2514 note) is amended by striking “2017” and inserting “2021”.

SEC. 811. Change in date of submission to Congress of Selected Acquisition Reports.

Section 2432(f) of title 10, United States Code, is amended by striking “45” the first place it occurs and inserting “10”.

SEC. 812. Amendments relating to independent cost estimation and cost analysis.

(a) Amendments.—Section 2334 of title 10, United States Code, is amended—

(1) in subsection (a)(3), by striking “selection of confidence levels” both places it appears and inserting “discussion of risk”;

(2) in subsection (a)(6)—

(A) by inserting “or approve” after “conduct”;

(B) by striking “major defense acquisition programs” and all that follows through “Authority—” and inserting “all major defense acquisition programs, major automated information system programs, and major subprograms—”; and

(C) in subparagraph (B), by striking “or upon the request” and all that follows through the semicolon at the end and inserting “, upon the request of the Under Secretary of Defense for Acquisition, Technology, and Logistics, or upon the request of the milestone decision authority;”

(3) by redesignating subsections (b), (c), (d), (e), and (f) as subsections (c), (d), (e), (f), and (h), respectively;

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

“(b) Independent cost estimate required before approval.— (1) A milestone decision authority may not approve the system development and demonstration, or production and deployment, of a major defense acquisition program, major automated information system program, or major subprogram unless an independent cost estimate of the full life-cycle cost of the program or subprogram has been conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority.

“(2) The regulations governing the content and submission of independent cost estimates required by subsection (a) shall require that the independent cost estimate of the full life-cycle cost of a program or subprogram include—

“(A) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and

“(B) an analysis to support decision making that identifies and evaluates alternative courses of action that may reduce cost, reduce risk, and result in more affordable programs.”;

(5) in subsection (d), as so redesignated, in paragraph (3), by striking “confidence level” and inserting “discussion of risk”;

(6) in subsection (e), as so redesignated—

(A) by amending the subsection heading to read as follows: “Discussion of risk in cost estimates.—”;

(B) by amending paragraph (1) to read as follows:

“(1) issue guidance requiring a discussion of risk, the potential impacts of risk on program costs, and approaches to mitigate risk in cost estimates for major defense acquisition programs, major automated information system programs, and major subprograms;”;

(C) in paragraph (2)—

(i) by striking “such confidence level provides” and inserting “cost estimates provide”; and

(ii) by inserting “or subprogram” after “the program”; and

(D) in paragraph (3), by striking “disclosure required by paragraph (1)” and inserting “information required in the guidance under paragraph (1)”; and

(7) by inserting after subsection (f), as so redesignated, the following new subsection:

“(g) Guidelines and collection of cost data.— (1) The Director of Cost Assessment and Program Evaluation shall, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, develop policies, procedures, guidance, and a collection method to ensure that acquisition cost data are collected in a standardized format that facilitates cost estimation and comparison across acquisition programs.

“(2) The program manager and contracting officer for each major defense acquisition program, major automated information system program, and major subprogram, in consultation with the cost estimating component of the relevant military department or Defense Agency, shall ensure that cost data are collected in accordance with the requirements of paragraph (1) for any acquisition program in an amount greater than $100,000,000.

“(3) The requirement under paragraph (1) may be waived only by the Director of Cost Assessment and Program Evaluation.”.

(b) Conforming amendments to add subprograms.—Section 2334 of such title is further amended—

(1) in subsection (a)(2), by inserting “or major subprogram” before “under chapter 144”;

(2) in paragraphs (3), (4), and (5) of subsection (a) and in subsection (c)(1) (as redesignated by subsection (a) of this section), by striking “major defense acquisition programs and major automated information system programs” and inserting “major defense acquisition programs, major automated information system programs, and major subprograms” each place it appears;

(3) in paragraphs (1) and (2) of subsection (d) (as so redesignated), and in subsection (f)(4) (as so redesignated), by striking “major defense acquisition program or major automated information system program” and inserting “major defense acquisition program, major automated information system program, or major subprogram” each place it appears;

(4) in subsection (d)(4) (as so redesignated), by inserting before the period “or major subprogram”;

(5) in subsection (e)(3)(B) (as so redesignated), by inserting “or major subprogram” after “major defense acquisition program”; and

(6) in subsection (f)(3) (as so redesignated), by striking “major defense acquisition program and major automated information system program” and inserting “major defense acquisition program, major automated information system program, and major subprogram”.

(c) Repeal.—Chapter 144 of such title is amended—

(1) by striking section 2434; and

(2) in the table of sections at the beginning of such chapter, by striking the item relating to such section.

SEC. 813. Revisions to Milestone B determinations.

Section 2366b(a)(3) of title 10, United States Code, is amended—

(1) in subparagraph (B), by striking “acquisition cost in” and all that follows through the semicolon, and inserting “life-cycle cost;”; and

(2) in subparagraph (D), by striking “funding is” and all that follows through “made,” and inserting “funding is expected to be available to execute the product development and production plan for the program,”.

SEC. 814. Review and report on sustainment planning in the acquisition process.

(a) Requirement for review.—The Secretary of Defense shall conduct a review of the extent to which sustainment matters are considered in decisions related to the requirements, acquisition, cost estimating, and programming and budgeting processes for major defense acquisition programs. The review shall include the following:

(1) A determination of whether information related to the operation and sustainment of major defense acquisition programs, including cost data, is available to inform decisions made during those processes.

(2) If such information exists, an evaluation of the completeness, timeliness, quality, and suitability of the information for aiding in decisions made during those processes.

(3) A determination of whether information related to the operation and sustainment of existing major weapon systems is used to forecast the operation and sustainment needs of major weapon systems proposed for or under development.

(4) A description of the potential benefits from improved completeness, timeliness, quality, and suitability of data on operation and support costs and increased consideration of such data.

(5) Recommendations for improving access to and consideration of operation and support cost data.

(6) An assessment of product support strategies for major weapon systems required by section 2337 of title 10, United States Code, or other similar life-cycle sustainment strategies, including an evaluation of—

(A) the stage at which such strategies are developed during the life of a major weapon system;

(B) the content and completeness of such strategies;

(C) the extent to which such strategies influence the planning for major defense acquisition programs; and

(D) the extent to which such strategies influence decisions related to the life-cycle management and product support of major weapon systems.

(7) An assessment of how effectively the military departments consider sustainment matters at key decision points for acquisition and life-cycle management in accordance with the requirements of sections 2431a, 2366a, 2366b, and 2337 of title 10, United States Code and section 832 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430 note).

(8) Recommendations for improving the consideration of sustainment during the requirements, acquisition, cost estimating, programming and budgeting processes.

(b) Contract with independent entity.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall enter into a contract with an independent entity with appropriate expertise to conduct the review required by subsection (a). The contract also shall require the entity to provide to the Secretary a report on the findings of the entity.

(c) Briefing.—Not later than March 1, 2017, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the preliminary findings of the independent entity.

(d) Submission to Congress.—Not later than August 1, 2017, the Secretary shall submit to the congressional defense committees a copy of the report of the independent entity, along with comments on the report, proposed revisions or clarifications to laws related to life-cycle management or sustainment planning for major weapon systems, and a description of any actions the Secretary may take to revise or clarify regulations related to life-cycle management or sustainment planning for major weapon systems.

SEC. 815. Revision to distribution of annual report on operational test and evaluation.

Section 139(h) of title 10, United States Code, is amended—

(1) in paragraph (2)—

(A) by inserting “the Secretaries of the military departments,” after “Logistics,”; and

(B) by striking “10 days” and all that follows through “title 31” and inserting “January 31 of each year, through January 31, 2021”; and

(2) in paragraph (5), by inserting after “Secretary” the following: “of Defense and the Secretaries of the military departments”.

SEC. 821. Revision to definition of commercial item.

(a) In general.—Section 103(8) of title 41, United States Code, is amended by striking “to multiple State and local governments” and inserting “to State, local, or foreign governments”.

(b) Effect on section 2464.—Nothing in this section or the amendment made by this section shall affect the meaning of the term “commercial item” under section (a)(5) of section 2464 of title 10, United States Code, or any requirement under subsection (a)(3) or subsection (c) of such section.

SEC. 822. Market research for determination of price reasonableness in acquisition of commercial items.

Section 2377 of title 10, United States Code, is amended—

(1) by redesignating subsection (d) as subsection (e), and in that subsection by striking “subsection (c)” and inserting “subsections (c) and (d)”; and

(2) by inserting after subsection (c) the following new subsection (d):

“(d) Market research for price analysis.—The Secretary of Defense shall ensure that procurement officials in the Department of Defense conduct or obtain market research to support the determination of the reasonableness of price for commercial items contained in any bid or offer submitted in response to an agency solicitation. To the extent necessary to support such market research, the procurement official for the solicitation—

“(1) in the case of items acquired under section 2379 of this title, shall use information submitted under subsection (d) of that section; and

“(2) in the case of other items, may require the offeror to submit relevant information.”.

SEC. 823. Value analysis for the determination of price reasonableness.

Subsection 2379(d) of title 10, United States Code, is amended—

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

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

“(2) An offeror may submit information or analysis relating to the value of a commercial item to aid in the determination of the reasonableness of the price of such item. A contracting officer may consider such information or analysis in addition to the information submitted pursuant to paragraphs (1)(A) and (1)(B).”.

SEC. 824. Clarification of requirements relating to commercial item determinations.

Paragraphs (1) and (2) of section 2380 of title 10, United States Code, are amended to read as follows:

“(1) establish and maintain a centralized capability with necessary expertise and resources to provide assistance to the military departments and Defense Agencies in making commercial item determinations, conducting market research, and performing analysis of price reasonableness for the purposes of procurements by the Department of Defense; and

“(2) provide to officials of the Department of Defense access to previous Department of Defense commercial item determinations, market research, and analysis used to determine the reasonableness of price for the purposes of procurements by the Department of Defense.”.

SEC. 825. Pilot program for authority to acquire innovative commercial items using general solicitation competitive procedures.

(a) Authority.—The Secretary of Defense may carry out a pilot program, to be known as a “commercial solutions opening pilot program”, under which innovative commercial items may be acquired through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals.

(b) Treatment as competitive procedures.—Use of general solicitation competitive procedures for the pilot program under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of title 10, United States Code.

(c) Limitations on funding.—

(1) LIMITATION ON INDIVIDUAL CONTRACT AMOUNT.—The Secretary may not enter into a contract under the pilot program for an amount in excess of $10,000,000.

(2) ANNUAL LIMITATION.—The total amount that may be obligated or expended under the pilot program for a fiscal year may not exceed $75,000,000.

(d) Limitation relating to major defense acquisition program systems.—The Secretary may not acquire innovative commercial items under the pilot program to replace a system under a major defense acquisition program in its entirety.

(e) Guidance.—The Secretary shall issue guidance for the implementation of the pilot program under this section within the Department of Defense. Such guidance shall be issued in consultation with the Office of Management and Budget and shall be posted for access by the public.

(f) Reports required.—

(1) IN GENERAL.—Not later than six months after the initiation of the pilot program, and every six months thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the activities the Department of Defense carried out under the pilot program.

(2) ELEMENTS OF REPORT.—The report under this subsection shall include the following:

(A) An assessment of the impact of the pilot program on competition.

(B) An assessment of the ability under the pilot program to attract proposals from nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code).

(C) A comparison of acquisition timelines for—

(i) procurements made using the pilot program; and

(ii) procurements made using other competitive procedures that do not use general solicitations.

(D) A recommendation on whether the authority for the pilot program should be made permanent.

(3) TERMINATION OF REPORT REQUIREMENT.—The requirement to submit a report under this subsection shall terminate on the date occurring five years after the date of the enactment of this Act.

(g) Definition.—In this section, the term “innovative” means—

(1) any new technology, process, or method, able to be used to improve or replace existing information system applications, programs, or networks, or used to improve research and development of information technology advancements; or

(2) any new application of an existing technology, process, or method.

(h) Termination.—The authority to enter into a contract under a pilot program under this section terminates on the date occurring five years after the date of the enactment of this Act.

SEC. 831. Review and report on the bid protest process.

(a) Review.—The Secretary of Defense shall conduct a review of the bid protest processes related to major defense acquisition programs. The review shall examine the extent to which—

(1) the incidence and duration of bid protests have increased or decreased during the previous decade;

(2) bid protests have delayed procurement of items or services;

(3) there are differences in the incidence and outcomes of bid protests filed by incumbent and non-incumbent contractors;

(4) protests filed by incumbent contractors result in extension of the period of performance of a contract, and whether there are benefits (monetary or non-monetary) to incumbent contractors under such circumstances; and

(5) there are alternative actions or authorities that could give the Government more flexibility in managing contracts if a bid protest is filed.

(b) Contract with independent entity.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent entity with appropriate expertise to conduct the review required in subsection (a).

(c) Briefing.—Not later than March 1, 2017, the Secretary, or his designee, shall brief the Committees on Armed Services of the Senate and House of Representatives on interim findings of the independent entity.

(d) Report.—Not later than July 1, 2017, the Secretary shall submit to the congressional defense committees a report on the findings of the independent entity, along with a description of any actions that the Secretary proposes to address the findings of the independent entity.

SEC. 832. Review and report on indefinite delivery contracts.

(a) Report.—The Comptroller General of the United States shall deliver, not later than March 31, 2018, a report to Congress on the use by the Department of Defense of indefinite delivery contracts entered into during fiscal years 2015, 2016, and 2017.

(b) Elements.—The report under subsection (a) shall address, at a minimum, the following:

(1) A review of Department of Defense policies for using indefinite delivery contracts, including requirements for competition.

(2) The number and value of all indefinite delivery contracts entered into by the Department of Defense.

(3) An assessment of the number and value of indefinite delivery contracts entered into by the Department of Defense that included competition between multiple vendors.

(4) Selected case studies of indefinite delivery contracts, including an assessment of whether any such contracts may have limited future opportunities for competition for the services or items required.

(5) Recommendations for potential changes to current law or Department of Defense acquisition regulations to promote competition with respect to indefinite delivery contracts.

SEC. 833. Review and report on contractual flow-down provisions.

(a) Review required.—The Secretary of Defense shall conduct a review of contractual flow-down provisions related to major defense acquisition programs. The review shall—

(1) identify the flow-down provisions that exist in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement;

(2) identify the flow-down provisions that are critical for national security;

(3) examine the extent to which clauses in contracts with the Department of Defense are being applied inappropriately in subcontracts under the contracts;

(4) assess the applicability of flow-down provisions for the purchase of commodity items that are acquired in bulk for multiple acquisition programs;

(5) determine the unnecessary costs or burdens, if any, of flow-down provisions on the supply chain; and

(6) determine the effect, if any, of flow-down provisions on the participation rate of small businesses and non-traditional defense contractors in defense procurements.

(b) Contract.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent entity with appropriate expertise to conduct the review required by subsection (a).

(c) Briefing.—Not later than March 1, 2017, the Secretary, or his designee, shall brief the Committees on Armed Services of the Senate and the House of Representatives on interim findings of the independent entity as well as initial recommendations of the entity on how to modify or eliminate contractual flow-down requirements that the entity considers burdensome or unnecessary.

(d) Report.—Not later than August 1, 2017, the Secretary shall submit to the congressional defense committees a report on the findings of the independent entity, along with a description of any actions that the Secretary proposes to address the findings of the independent entity.

SEC. 834. Review of anti-competitive specifications in information technology acquisitions.

(a) Review required.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct a review of the policy, guidance, regulations, and training related to specifications included in information technology acquisitions to ensure current policies eliminate the unjustified use of potentially anti-competitive specifications. In conducting the review, the Under Secretary shall examine the use of brand names or proprietary specifications or standards in solicitations for procurements of goods and services, as well as the current acquisition training curriculum related to those areas.

(b) Briefing required.—Not later than 270 days after the date of the enactment of this Act, the Under Secretary shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the results of the review required by subsection (a).

(c) Additional guidance.—Not later than one year after the date of the enactment of this Act, the Under Secretary shall revise policies, guidance, and training to incorporate such recommendations as the Under Secretary considers appropriate from the review required by subsection (a).

SEC. 835. Coast Guard major acquisition programs.

(a) Functions of Chief Acquisition Officer.—Section 56(c) of title 14, United States Code, is amended by striking “and” after the semicolon at the end of paragraph (8), striking the period at the end of paragraph (9) and inserting “; and”, and adding at the end the following:

“(10) (A) keeping the Commandant informed of the progress of major acquisition programs (as that term is defined in section 581);

“(B) informing the Commandant on a continuing basis of any developments on such programs that may require new or revisited trade-offs among cost, schedule, technical feasibility, and performance, including—

“(i) significant cost growth or schedule slippage; and

“(ii) requirements creep (as that term is defined in section 2547(c)(1) of title 10); and

“(C) ensuring that the views of the Commandant regarding such programs on cost, schedule, technical feasibility, and performance trade-offs are strongly considered by program managers and program executive officers in all phases of the acquisition process.”.

(b) Customer service mission of directorate.—

(1) IN GENERAL.—Chapter 15 of title 14, United States Code, is amended—

(A) in section 561(b)—

(i) in paragraph (1), by striking “; and” and inserting a semicolon;

(ii) in paragraph (2), by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(3) to meet the needs of customers of major acquisition programs in the most cost-effective manner practicable.”;

(B) in section 562, by repealing subsection (b) and redesignating subsections (c) through (g) as subsections (b) through (f), respectively;

(C) in section 563, by striking “Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2010, the Commandant shall commence implementation of” and inserting “The Commandant shall maintain”;

(D) by adding at the end of section 564 the following:

“(c) Acquisition of unmanned aerial systems.—

“(1) IN GENERAL.—The Commandant—

“(A) may not award a contract for design of an unmanned aerial system for use by the Coast Guard; and

“(B) may acquire an unmanned aerial system only—

“(i) if such a system has been acquired or has been used by the Department of Defense or the Department of Homeland Security, or a component thereof, before the date on which the Commandant acquires the system; and

“(ii) through an agreement with such department or component, unless the unmanned aerial system can be obtained at less cost through independent contract action.

“(2) LIMITATION ON APPLICATION.—The limitations of paragraph (1)(B) shall not apply to any small unmanned aerial system that consists of—

“(A) an unmanned aircraft weighing less than 55 pounds on takeoff, including all components and equipment on board or otherwise attached to the aircraft; and

“(B) associated elements (including communication links and the components that control such aircraft) that are required for the safe and efficient operation of such aircraft.”;

(E) in subchapter II, by adding at the end the following:

§ 578. Role of Vice Commandant in major acquisition programs

“The Vice Commandant—

“(1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, technical feasibility, and performance with respect to such program; and

“(2) shall advise the Commandant in decisions regarding the balancing of resources against priorities, and associated trade-offs referred to in paragraph (1), on behalf of the customer of a major acquisition program.

§ 579. Extension of major acquisition program contracts

“(a) In general.—Notwithstanding section 564(a)(2) of this title and section 2304 of title 10, and subject to subsections (b) and (c) of this section, the Secretary may acquire additional units procured under a Coast Guard major acquisition program contract, by extension of such contract without competition, if the Comptroller General of the United States determines that the costs that would be saved through award of a new contract in accordance with such sections would not exceed the costs of such an award.

“(b) Limitation on number of additional units.—The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made.

“(c) Determination of costs upon request.—The Comptroller General shall, at the request of the Secretary, determine for purposes of this section—

“(1) the costs that would be saved through award of a new major acquisition program contract in accordance with section 564(a)(2) for the acquisition of a number of additional units specified by the Secretary; and

“(2) the costs of such award, including the costs that would be incurred due to acquisition schedule delays and asset design changes associated with such award.

“(d) Number of extensions.—A contract may be extended under this section more than once.”; and

(F) in section 581—

(i) by redesignating paragraphs (7) through (10) as paragraphs (9) through (12), respectively, and by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;

(ii) by inserting after paragraph (2) the following:

“(3) CUSTOMER OF A MAJOR ACQUISITION PROGRAM.—The term ‘customer of a major acquisition program’ means the operating field unit of the Coast Guard that will field the system or systems acquired under a major acquisition program.”; and

(iii) by inserting after paragraph (7), as so redesignated, the following:

“(8) MAJOR ACQUISITION PROGRAM.—The term ‘major acquisition program’ means an ongoing acquisition undertaken by the Coast Guard with a life-cycle cost estimate greater than or equal to $300,000,000.”.

(2) CONFORMING AMENDMENT.—Section 569a of such title is amended by striking subsection (e).

(3) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is amended by adding at the end of the items relating to subchapter II the following:


“578. Role of Vice Commandant in major acquisition programs.

“579. Extension of major acquisition program contracts.”.

(c) Review required.—

(1) REQUIREMENT.—The Commandant of the Coast Guard shall conduct a review of—

(A) the authorities provided to the Commandant in chapter 15 of title 14, United States Code, and other relevant statutes and regulations related to Coast Guard acquisitions, including developing recommendations to ensure that the Commandant plays an appropriate role in the development of requirements, acquisition processes, and the associated budget practices;

(B) implementation of the strategy prepared in accordance with section 562(b)(2) of title 14, United States Code, as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2017; and

(C) acquisition policies, directives, and regulations of the Coast Guard to ensure such policies, directives, and regulations establish a customer-oriented acquisition system.

(2) REPORT.—Not later than March 1, 2017, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing, at a minimum, the following:

(A) The recommendations developed by the Commandant under paragraph (1) and other results of the review conducted under such paragraph.

(B) The actions the Commandant is taking, if any, within the Commandant’s existing authority to implement such recommendations.

(3) MODIFICATION OF POLICIES, DIRECTIVES, AND REGULATIONS.—Not later than one year after the date of the enactment of this Act, the Commandant of the Coast Guard shall modify the acquisition policies, directives, and regulations of the Coast Guard as necessary to ensure the development and implementation of a customer-oriented acquisition system, pursuant to the review under paragraph (1)(C).

(d) Analysis of using multiyear contracting.—

(1) IN GENERAL.—No later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of the use of multiyear contracting, including procurement authority provided under section 2306b of title 10, United States Code, and authority similar to that granted to the Navy under section 121(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1648) and section 150 of the Continuing Appropriations Act, 2011 (Public Law 111–242; 124 Stat. 3519), to acquire any combination of at least five—

(A) Fast Response Cutters, beginning with hull 43; and

(B) Offshore Patrol Cutters, beginning with hull 5.

(2) CONTENTS.—The analysis under paragraph (1) shall include the costs and benefits of using multiyear contracting, the impact of multiyear contracting on delivery timelines, and whether the acquisitions examined would meet the tests for the use of multiyear procurement authorities.

SEC. 836. Waiver of congressional notification for acquisition of tactical missiles and munitions greater than quantity specified in law.

Section 2308(c) of title 10, United States Code, is amended—

(1) by inserting “(1)” before “The head”;