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114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-840
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
----------
CONFERENCE REPORT
to accompany
S. 2943
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 30, 2016.--Ordered to be printed
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-840
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
__________
CONFERENCE REPORT
to accompany
S. 2943
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 30, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
22-492 WASHINGTON : 2016
C O N T E N T S
----------
CONFERENCE REPORT................................................ 1
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 975
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items............................................. 975
Summary of discretionary authorizations and budget authority
implication................................................ 975
Budgetary effects of this Act (sec. 4)....................... 976
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 976
TITLE I--PROCUREMENT............................................. 976
Subtitle A--Authorization of Appropriations.................. 976
Authorization of appropriations (sec. 101)............... 976
Subtitle B--Army Programs.................................... 976
Multiyear procurement authority for AH-64E Apache
helicopters (sec. 111)................................. 976
Multiyear procurement authority for UH-60M and HH-60M
Black Hawk helicopters (sec. 112)...................... 976
Distributed Common Ground System-Army increment 1 (sec.
113)................................................... 977
Assessment of certain capabilities of the Department of
the Army (sec. 114).................................... 977
Subtitle C--Navy Programs.................................... 978
Determination of vessel delivery dates (sec. 121)........ 978
Incremental funding for detail design and construction of
LHA replacement ship designated LHA 8 (sec. 122)....... 978
Littoral Combat Ship (sec. 123).......................... 978
Limitation on use of sole-source shipbuilding contracts
for certain vessels (sec. 124)......................... 979
Limitation on availability of funds for the Advanced
Arresting Gear Program (sec. 125)...................... 979
Limitation on availability of funds for procurement of
U.S.S. Enterprise (CVN-80) (sec. 126).................. 980
Sense of Congress on aircraft carrier procurement
schedules (sec. 127)................................... 980
Report on P-8 Poseidon aircraft (sec. 128)............... 981
Design and construction of replacement dock landing ship
designated LX(R) or amphibious transport dock
designated LPD-29 (sec. 129)........................... 981
Subtitle D--Air Force Programs............................... 981
EC-130H Compass Call recapitalization program (sec. 131). 981
Repeal of requirement to preserve certain retired C-5
aircraft (sec. 132).................................... 982
Repeal of requirement to preserve F-117 aircraft in
recallable condition (sec. 133)........................ 982
Prohibition on availability of funds for retirement of A-
10 aircraft (sec. 134)................................. 982
Limitation on availability of funds for destruction of A-
10 aircraft in storage status (sec. 135)............... 983
Prohibition on availability of funds for retirement of
Joint Surveillance Target Attack Radar System aircraft
(sec. 136)............................................. 983
Elimination of annual report on aircraft inventory (sec.
137)................................................... 983
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 983
Standardization of 5.56mm rifle ammunition (sec. 141).... 983
Fire suppressant and fuel containment standards for
certain vehicles (sec. 142)............................ 984
Limitation on availability of funds for destruction of
certain cluster munitions (sec. 143)................... 984
Report on Department of Defense munitions strategy for
the combatant commands (sec. 144)...................... 984
Modifications to reporting on use of combat mission
requirements funds (sec. 145).......................... 985
Report on alternative management structures for the F-35
joint strike fighter program (sec. 146)................ 985
Comptroller General review of F-35 Lightning II aircraft
sustainment support (sec. 147)......................... 985
Briefing on acquisition strategy for Ground Mobility
Vehicle (sec. 148)..................................... 985
Study and report on optimal mix of aircraft capabilities
for the Armed Forces (sec. 149)........................ 985
Legislative Provisions Not Adopted........................... 986
Funding for surface-to-air missile system................ 986
Procurement authority for aircraft carrier programs...... 986
Ship to shore connector program.......................... 986
Limitation on availability of funds for Tactical Combat
Training System Increment II........................... 986
Prohibition on availability of funds for retirement of U-
2 aircraft............................................. 987
Medium Altitude Intelligence, Surveillance, and
Reconnaissance Aircraft................................ 987
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 988
Subtitle A--Authorization of Appropriations.................. 988
Authorization of appropriations (sec. 201)............... 988
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 988
Laboratory quality enhancement program (sec. 211)........ 988
Modification of mechanisms to provide funds for defense
laboratories for research and development of
technologies for military missions (sec. 212).......... 988
Making permanent authority for defense research and
development rapid innovation program (sec. 213)........ 989
Authorization for National Defense University and Defense
Acquisition University to enter into cooperative
research and development agreements (sec. 214)......... 989
Manufacturing Engineering Education Grant Program (sec.
215)................................................... 989
Notification requirement for certain rapid prototyping,
experimentation, and demonstration activities (sec.
216)................................................... 989
Increased micro-purchase threshold for research programs
and entities (sec. 217)................................ 989
Improved biosafety for handling of select agents and
toxins (sec. 218)...................................... 990
Designation of Department of Defense senior official with
principal responsibility for directed energy weapons
(sec. 219)............................................. 990
Restructuring of the distributed common ground system of
the Army (sec. 220).................................... 991
Limitation on availability of funds for countering
weapons of mass destruction system Constellation (sec.
221)................................................... 991
Limitation on availability of funds for Defense
Innovation Unit Experimental (sec. 222)................ 991
Limitation on availability of funds for Joint
Surveillance Target Attack Radar System (JSTARS)
Recapitalization Program (sec. 223).................... 993
Acquisition program baseline and annual reports on
follow-on modernization program for F-35 Joint Strike
Fighter (sec. 224)..................................... 993
Subtitle C--Reports and Other Matters........................ 993
Strategy for assured access to trusted microelectronics
(sec. 231)............................................. 993
Pilot program on evaluation of commercial information
technology (sec. 232).................................. 993
Pilot program for the enhancement of the research,
development, test, and evaluation centers of the
Department of Defense (sec. 233)....................... 994
Pilot program on modernization and fielding of
electromagnetic spectrum warfare systems and electronic
warfare capabilities (sec. 234)........................ 994
Pilot program on disclosure of certain sensitive
information to federally funded research and
development centers (sec. 235)......................... 995
Pilot program on enhanced interaction between the Defense
Advanced Research Projects Agency and the service
academies (sec. 236)................................... 995
Independent review of F/A-18 physiological episodes and
corrective actions (sec. 237).......................... 995
B-21 bomber development program accountability matrices
(sec. 238)............................................. 995
Study on helicopter crash prevention and mitigation
technology (sec. 239).................................. 996
Strategy for Improving Electronic and Electromagnetic
Spectrum Warfare Capabilities (sec. 240)............... 996
Sense of Congress on development and fielding of fifth
generation airborne systems (sec. 241)................. 996
Legislative Provisions Not Adopted........................... 996
Report on cost of B-21 aircraft.......................... 996
TITLE III--OPERATION AND MAINTENANCE............................. 997
Subtitle A--Authorization of Appropriations.................. 997
Authorization of appropriations (sec. 301)............... 997
Subtitle B--Energy and the Environment....................... 997
Modified reporting requirement related to installations
energy management (sec. 311)........................... 997
Waiver authority for alternative fuel procurement
requirement (sec. 312)................................. 997
Utility data management for military facilities (sec.
313)................................................... 997
Alternative technologies for munitions disposal (sec.
314)................................................... 998
Report on efforts to reduce high energy costs at military
installations (sec. 315)............................... 998
Sense of Congress on funding decisions relating to
climate change (sec. 316).............................. 998
Subtitle C--Logistics and Sustainment........................ 999
Revision of deployability rating system and planning
reform (sec. 321)...................................... 999
Revision of guidance related to corrosion control and
prevention executives (sec. 322)....................... 999
Pilot program for inclusion of certain industrial plants
in the Armament Retooling and Manufacturing Support
Initiative (sec. 323).................................. 999
Repair, recapitalization, and certification of dry docks
at naval shipyards (sec. 324).......................... 999
Private sector port loading assessment (sec. 325)........ 1000
Strategy on revitalizing Army organic industrial base
(sec. 326)............................................. 1000
Subtitle D--Reports.......................................... 1000
Modifications to Quarterly Readiness Report to Congress
(sec. 331)............................................. 1000
Report on average travel costs of members of the reserve
components (sec. 332).................................. 1000
Report on HH-60G sustainment and Combat Rescue Helicopter
program (sec. 333)..................................... 1001
Subtitle E--Other Matters.................................... 1001
Air navigation matters (sec. 341)........................ 1001
Contract working dogs (sec. 342)......................... 1001
Plan, funding documents, and management review relating
to explosive ordnance disposal (sec. 343).............. 1001
Process for communicating availability of surplus
ammunition (sec. 344).................................. 1002
Mitigation of risks posed by window coverings with
accessible cords in certain military housing units
(sec. 345)............................................. 1002
Access to military installations by transportation
companies (sec. 346)................................... 1002
Access to wireless high-speed Internet and network
connections for certain members of the Armed Forces
(sec. 347)............................................. 1002
Limitation on availability of funds for Office of the
Under Secretary of Defense for Intelligence (sec. 348). 1003
Limitation on development and fielding of new camouflage
and utility uniforms (sec. 349)........................ 1003
Plan for improved dedicated adversary air training
enterprise of the Air Force (sec. 350)................. 1003
Independent review and assessment of the Ready Aircrew
Program of the Air Force (sec. 351).................... 1003
Study on space-available travel system of the Department
of Defense (sec. 352).................................. 1004
Evaluation of motor carrier safety performance and safety
technology (sec. 353).................................. 1004
Legislative Provisions Not Adopted........................... 1004
Increase in funding for civil military programs.......... 1004
Linear LED lamps......................................... 1004
Production and use of natural gas at Fort Knox........... 1005
Sense of Congress on perfluorinated chemicals............ 1005
Limitation on availability of funds for Defense Contract
Management Agency...................................... 1005
Repurposing and reuse of surplus military firearms....... 1005
STARBASE Program......................................... 1006
Explosive Ordnance Disposal Corps........................ 1006
Development of personal protective equipment for female
Marines and soldiers................................... 1006
Supply of specialty motors from certain manufacturers.... 1007
Briefing on well-drilling capabilities of active duty and
reserve components..................................... 1007
Increase in funding for National Guard counter-drug
programs............................................... 1007
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 1007
Subtitle A--Active Forces.................................... 1007
End strength for active forces (sec. 401)................ 1007
Revisions in permanent active duty end strength minimum
levels (sec. 402)...................................... 1008
Subtitle B--Reserve Forces................................... 1008
End strengths for Selected Reserve (sec. 411)............ 1008
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 1009
End strengths for military technicians (dual status)
(sec. 413)............................................. 1009
Fiscal year 2017 limitation on number of non-dual status
technicians (sec. 414)................................. 1010
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)......... 1010
Technical corrections to annual authorization for
personnel strengths (sec. 416)......................... 1011
Subtitle C--Authorization of Appropriations.................. 1011
Military personnel (sec. 421)............................ 1011
Legislative Provisions Not Adopted........................... 1011
Sense of Congress on full-time support for the Army
National Guard......................................... 1011
TITLE V--MILITARY PERSONNEL POLICY............................... 1011
Subtitle A--Officer Personnel Policy......................... 1011
Reduction in number of general and flag officers on
active duty and authorized end strength after December
31, 2022, of such general and flag officers (sec. 501). 1011
Repeal of statutory specification of general or flag
officer grade for various positions in the Armed Forces
(sec. 502)............................................. 1013
Number of Marine Corps general officers (sec. 503)....... 1014
Promotion eligibility period for officers whose
confirmation of appointment is delayed due to
nonavailability to the Senate of probative information
under control of non-Department of Defense agencies
(sec. 504)............................................. 1014
Continuation of certain officers on active duty without
regard to requirement for retirement for years of
service (sec. 505)..................................... 1014
Equal consideration of officers for early retirement or
discharge (sec. 506)................................... 1014
Modification of authority to drop from rolls a
commissioned officer (sec. 507)........................ 1015
Extension of force management authorities allowing
enhanced flexibility for officer personnel management
(sec. 508)............................................. 1015
Pilot programs on direct commissions to cyber positions
(sec. 509)............................................. 1015
Length of joint duty assignments (sec. 510).............. 1016
Revision of definitions used for joint officer management
(sec. 510A)............................................ 1016
Subtitle B--Reserve Component Management..................... 1016
Authority for temporary waiver of limitation on term of
service of Vice Chief of the National Guard Bureau
(sec. 511)............................................. 1016
Rights and protections available to military technicians
(sec. 512)............................................. 1016
Inapplicability of certain laws to National Guard
technicians performing Active Guard and Reserve duty
(sec. 513)............................................. 1017
Extension of removal of restrictions on the transfer of
officers between the active and inactive National Guard
(sec. 514)............................................. 1017
Extension of temporary authority to use Air Force reserve
component personnel to provide training and instruction
regarding pilot training (sec. 515).................... 1017
Expansion of eligibility for deputy commander of
combatant command having United States among geographic
area of responsibility to include officers of the
Reserves (sec. 516).................................... 1017
Subtitle C--General Service Authorities...................... 1018
Matters relating to provision of leave for members of the
Armed Forces, including prohibition on leave not
expressly authorized by law (sec. 521)................. 1018
Transfer of provision relating to expenses incurred in
connection with leave canceled due to contingency
operations (sec. 522).................................. 1019
Expansion of authority to execute certain military
instruments (sec. 523)................................. 1019
Medical examination before administrative separation for
members with post-traumatic stress disorder or
traumatic brain injury in connection with sexual
assault (sec. 524)..................................... 1020
Reduction of tenure on the temporary disability retired
list (sec. 525)........................................ 1020
Technical correction to voluntary separation pay and
benefits (sec. 526).................................... 1020
Consolidation of Army marketing and pilot program on
consolidated Army recruiting (sec. 527)................ 1020
Subtitle D--Member Whistleblower Protections and Correction
of Military Records........................................ 1021
Improvements to whistleblower protection procedures (sec.
531)................................................... 1021
Modification of whistleblower protection authorities to
restrict contrary findings of prohibited personnel
action by the Secretary concerned (sec. 532)........... 1021
Availability of certain Correction of Military Records
and Discharge Review Board information through the
Internet (sec. 533).................................... 1021
Improvements to authorities and procedures for the
correction of military records (sec. 534).............. 1022
Treatment by discharge review boards of claims asserting
post-traumatic stress disorder or traumatic brain
injury in connection with combat or sexual trauma as a
basis for review of discharge (sec. 535)............... 1023
Comptroller General of the United States review of
integrity of Department of Defense whistleblower
program (sec. 536)..................................... 1023
Subtitle E--Military Justice and Legal Assistance Matters.... 1024
United States Court of Appeals for the Armed Forces (sec.
541)................................................... 1024
Effective prosecution and defense in courts-martial and
pilot programs on professional military justice
development for judge advocates (sec. 542)............. 1024
Inclusion in annual reports on sexual assault prevention
and response efforts of the Armed Forces of information
on complaints of retaliation in connection with reports
of sexual assault in the Armed Forces (sec. 543)....... 1025
Extension of the requirement for annual report regarding
sexual assaults and coordination with release of Family
Advocacy Program report (sec. 544)..................... 1026
Metrics for evaluating the efforts of the Armed Forces to
prevent and respond to retaliation in connection with
reports of sexual assault in the Armed Forces (sec.
545)................................................... 1026
Training for Department of Defense personnel who
investigate claims of retaliation (sec. 546)........... 1026
Notification to complainants of resolution of
investigations into retaliation (sec. 547)............. 1026
Modification of definition of sexual harassment for
purposes of investigations by commanding officers of
complaints of harassment (sec. 548).................... 1027
Improved Department of Defense prevention and response to
hazing in the Armed Forces (sec. 549).................. 1027
Subtitle F--National Commission on Military, National, and
Public Service............................................. 1028
Purpose, scope, and definitions (sec. 551)............... 1028
Preliminary report on purpose and utility of registration
system under Military Selective Service Act (sec. 552). 1028
National Commission on Military, National, and Public
Service (sec. 553)..................................... 1028
Commission hearings and meetings (sec. 554).............. 1029
Principles and procedure for Commission recommendations
(sec. 555)............................................. 1029
Executive Director and staff (sec. 556).................. 1030
Termination of Commission (sec. 557)..................... 1030
Subtitle G--Member Education, Training, Resilience, and
Transition................................................. 1030
Modification of program to assist members of the Armed
Forces in obtaining professional credentials (sec. 561) 1030
Inclusion of alcohol, prescription drug, opioid, and
other substance abuse counseling as part of required
preseparation counseling (sec. 562).................... 1030
Inclusion of information in Transition Assistance Program
regarding effect of receipt of both veteran disability
compensation and voluntary separation pay (sec. 563)... 1031
Training under Transition Assistance Program on
employment opportunities associated with transportation
security cards (sec. 564).............................. 1031
Extension of suicide prevention and resilience program
(sec. 565)............................................. 1031
Congressional notification in advance of appointments to
service academies (sec. 566)........................... 1031
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. 567)..................... 1032
Military-to-mariner transition (sec. 568)................ 1032
Subtitle H--Defense Dependents' Education and Military Family
Readiness Matters.......................................... 1032
Continuation of authority to assist local educational
agencies that benefit dependents of members of the
Armed Forces and Department of Defense civilian
employees (sec. 571)................................... 1032
One-year extension of authorities relating to the
transition and support of military dependent students
to local educational agencies (sec. 572)............... 1033
Annual notice to members of the Armed Forces regarding
child custody protections guaranteed by the
Servicemembers Civil Relief Act (sec. 573)............. 1033
Requirement for annual Family Advocacy Program report
regarding child abuse and domestic violence (sec. 574). 1033
Reporting on allegations of child abuse in military
families and homes (sec. 575).......................... 1034
Repeal of Advisory Council on Dependents' Education (sec.
576)................................................... 1034
Support for programs providing camp experience for
children of military families (sec. 577)............... 1034
Comptroller General of the United States assessment and
report on Exceptional Family Member Programs (sec. 578) 1034
Impact aid amendments (sec. 579)......................... 1035
Subtitle I--Decorations and Awards........................... 1035
Posthumous advancement of Colonel George E. ``Bud'' Day,
United States Air Force, on the retired list (sec. 581) 1035
Authorization for award of medals for acts of valor
during certain contingency operations (sec. 582)....... 1035
Authorization for award of the Medal of Honor to Gary M.
Rose and James C. McCloughan for acts of valor during
the Vietnam War (sec. 583)............................. 1036
Authorization for award of Distinguished Service Cross to
First Lieutenant Melvin M. Spruiell for acts of valor
during World War II (sec. 584)......................... 1036
Authorization for award of the Distinguished Service
Cross to Chaplain (First Lieutenant) Joseph Verbis
LaFleur for acts of valor during World War II (sec.
585)................................................... 1036
Review regarding award of Medal of Honor to certain Asian
American and Native American Pacific Islander War
Veterans (sec. 586).................................... 1036
Subtitle J--Miscellaneous Reports and Other Matters.......... 1037
Repeal of requirement for a chaplain at the United States
Air Force Academy appointed by the President (sec. 591) 1037
Extension of limitation on reduction in number of
military and civilian personnel assigned to duty with
service review agencies (sec. 592)..................... 1037
Annual reports on progress of the Army and the Marine
Corps in integrating women into military occupational
specialties and units recently opened to women (sec.
593)................................................... 1037
Report on feasibility of electronic tracking of
operational active-duty service performed by members of
the Ready Reserve of the Armed Forces (sec. 594)....... 1038
Report on discharge by warrant officers of pilot and
other flight officer positions in the Navy, Marine
Corps, and Air Force currently discharged by
commissioned officers (sec. 595)....................... 1038
Body mass index test (sec. 596).......................... 1038
Report on career progression tracks of the Armed Forces
for women in combat arms units (sec. 597).............. 1038
Legislative Provisions Not Adopted........................... 1039
Temporary suspension of officer grade strength tables.... 1039
Enhanced authority for service credit for experience or
advanced education upon original appointment as a
commissioned officer................................... 1039
Authority of promotion boards to recommend officers of
particular merit be placed at the top of the promotion
list................................................... 1040
Limitations on ordering selected reserve to active duty
for preplanned missions in support of the combatant
commands............................................... 1040
Exemption of military technicians (dual status) from
civilian employee furloughs............................ 1041
Authority to designate certain Reserve officers as not to
be considered for selection for promotion.............. 1041
Responsibility of Chiefs of Staff of the Armed Forces for
standards and qualifications for military specialties
within the Armed Forces................................ 1041
Reconciliation of contradictory provisions relating to
qualifications for enlistment in the reserve components
of the Armed Forces.................................... 1041
Burdens of proof applicable to investigations and reviews
related to protected communications of members of the
armed forces and prohibited retaliatory actions........ 1042
Discretionary authority for military judges to designate
an individual to assume the rights of the victim of an
offense under the Uniform Code of Military Justice when
the victim is a minor, incompetent, incapacitated, or
deceased............................................... 1042
Appellate standing of victims in enforcing rights of
victims under the Uniform Code of Military Justice..... 1042
Limitation on tuition assistance for off-duty training or
education.............................................. 1043
Establishment of ROTC cyber institutes at senior military
colleges............................................... 1043
Access to Department of Defense installations of
institutions of higher education providing certain
advising and student support services.................. 1044
Employment authority for civilian faculty at certain
military department schools............................ 1044
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................................................. 1044
Direct employment pilot program for members of the
National Guard and Reserve............................. 1044
Prohibition on establishment, maintenance, or support of
Senior Reserve Officers' Training Corps units at
educational institutions that display the Confederate
battle flag............................................ 1045
Report on composition of service academies............... 1045
Enhanced flexibility in provision of relocation
assistance to members of the Armed Forces and their
families............................................... 1045
Background checks for employees of agencies and schools
providing elementary and secondary education for
Department of Defense dependents....................... 1046
Authorization for award of the Medal of Honor to Charles
S. Kettles for acts of valor during the Vietnam war.... 1047
Burial of cremated remains in Arlington National Cemetery
of certain persons whose service is deemed to be active
service................................................ 1047
Applicability of Military Selective Service Act to female
citizens and persons................................... 1047
Representation from member of the Armed Forces on boards,
councils, and committees making recommendations
relating to military personnel issues.................. 1047
Preseparation counseling regarding options for donating
brain tissue at time of death for research............. 1048
Recognition of the expanded service opportunities
available to female members of the Armed Forces and the
long service of women in the Armed Forces.............. 1048
Sense of Congress regarding plight of male victims of
military sexual assault................................ 1048
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......................... 1049
Protection of Second Amendment rights of military
families............................................... 1049
Pilot program on advanced technology for alcohol abuse
prevention............................................. 1049
Report on availability of college credit for skills
acquired during military service....................... 1049
Atomic veterans service medal............................ 1050
Report on extending protections for student loans for
active duty borrowers.................................. 1050
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....................... 1050
Sense of Congress on desirability of service-wide
adoption of Gold Star installation access card......... 1050
Servicemembers' Group Life Insurance..................... 1050
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS.............. 1051
Subtitle A--Pay and Allowances............................... 1051
Fiscal year 2017 increase in military basic pay (sec.
601)................................................... 1051
Publication by Department of Defense of actual rates of
basic pay payable to members of the Armed Forces by pay
grade for annual or other pay periods (sec. 602)....... 1051
Extension of authority to provide temporary increase in
rates of basic allowance for housing under certain
circumstances (sec. 603)............................... 1051
Reports on a new single-salary pay system for members of
the Armed Forces (sec. 604)............................ 1051
Subtitle B--Bonuses and Special and Incentive Pays........... 1052
One-year extension of certain bonus and special pay
authorities for reserve forces (sec. 611).............. 1052
One-year extension of certain bonus and special pay
authorities for health care professionals (sec. 612)... 1052
One-year extension of special pay and bonus authorities
for nuclear officers (sec. 613)........................ 1053
One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities (sec. 614)................................. 1053
One-year extension of authorities relating to payment of
other title 37 bonuses and special pays (sec. 615)..... 1053
Aviation incentive pay and bonus matters (sec. 616)...... 1054
Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities (sec. 617)........ 1054
Technical amendments relating to 2008 consolidation of
certain special pay authorities (sec. 618)............. 1055
Subtitle C--Travel and Transportation Allowances............. 1055
Maximum reimbursement amount for travel expenses of
members of the Reserves attending inactive duty
training outside of normal commuting distances (sec.
621)................................................... 1055
Subtitle D--Disability Pay, Retired Pay, and Survivor
Benefits................................................... 1055
Part I--Amendments in Connection with Retired Pay Reform... 1055
Election period for members in the service academies and
inactive Reserves to participate in the modernized
retirement system (sec. 631)........................... 1055
Effect of separation of members from the uniformed
services on participation in the Thrift Savings Plan
(sec. 632)............................................. 1055
Continuation pay for full Thrift Savings Plan members who
have completed 8 to 12 years of service (sec. 633)..... 1056
Combat-related special compensation coordinating
amendment (sec. 634)................................... 1056
Part II--Other Matters..................................... 1056
Use of member's current pay grade and years of service
and retired pay cost-of-living adjustments, rather than
final retirement pay grade and years of service, in a
division of property involving disposable retired pay
(sec. 641)............................................. 1056
Equal benefits under Survivor Benefit Plan for survivors
of reserve component members who die in the line of
duty during inactive-duty training (sec. 642).......... 1057
Authority to deduct Survivor Benefit Plan premiums from
combat-related special compensation when retired pay
not sufficient (sec. 643).............................. 1057
Extension of allowance covering monthly premium for
Servicemembers' Group Life Insurance while in certain
overseas areas to cover members in any combat zone or
overseas direct support area (sec. 644)................ 1057
Authority for payment of pay and allowances and retired
and retainer pay pursuant to power of attorney (sec.
645)................................................... 1057
Extension of authority to pay special survivor indemnity
allowance under Survivor Benefit Plan (sec. 646)....... 1058
Repeal of obsolete authority for combat-related injury
rehabilitation pay (sec. 647).......................... 1058
Independent assessment of the Survivor Benefit Plan (sec.
648)................................................... 1058
Subtitle E--Commissary and Non-Appropriated Fund
Instrumentality Benefits and Operations.................... 1058
Protection and enhancement of access to and savings at
commissaries and exchanges (sec. 661).................. 1058
Acceptance of Military Star Card at commissaries (sec.
662)................................................... 1059
Subtitle F--Other Matters.................................... 1060
Recovery of amounts owed to the United States by members
of the uniformed services (sec. 671)................... 1060
Modification of flat rate per diem requirement for
personnel on long-term temporary duty assignments (sec.
672)................................................... 1061
Legislative Provisions Not Adopted........................... 1061
Sense of the Congress on Roth contributions as default
contributions of members of the Armed Forces
participating in the Thrift Savings Plan under retired
pay reform............................................. 1061
Sense of the Congress on options for members of the Armed
Forces to designate payment of the death gratuity to a
trust for a special needs individual................... 1061
Period for relocation of spouses and dependents of
certain members of the Armed Forces undergoing a
permanent change of station............................ 1061
TITLE VII--HEALTH CARE PROVISIONS................................ 1062
Subtitle A--Reform of TRICARE and Military Health System..... 1062
TRICARE Select and other TRICARE Reform (sec. 701)....... 1062
Reform of administration of the Defense Health Agency and
military medical treatment facilities (sec. 702)....... 1064
Military medical treatment facilities (sec. 703)......... 1066
Access to urgent and primary care under TRICARE program
(sec. 704)............................................. 1067
Value-based purchasing and acquisition of managed care
support contracts for TRICARE program (sec. 705)....... 1067
Establishment of high performance military-civilian
integrated health delivery systems (sec. 706).......... 1069
Joint Trauma System (sec. 707)........................... 1070
Joint Trauma Education and Training Directorate (sec.
708)................................................... 1070
Standardized system for scheduling medical appointments
at military treatment facilities (sec. 709)............ 1071
Subtitle B--Other Health Care Benefits....................... 1072
Extended TRICARE program coverage for certain members of
the National Guard and dependents during certain
disaster response duty (sec. 711)...................... 1072
Continuity of health care coverage for reserve components
(sec. 712)............................................. 1072
Provision of hearing aids to dependents of retired
members (sec. 713)..................................... 1074
Coverage of medically necessary food and vitamins for
certain conditions under the TRICARE program (sec. 714) 1074
Eligibility of certain beneficiaries under the TRICARE
program for participation in the Federal Employees
Dental and Vision Insurance Program (sec. 715)......... 1074
Applied behavior analysis (sec. 716)..................... 1074
Evaluation and treatment of veterans and civilians at
military treatment facilities (sec. 717)............... 1075
Enhancement of use of telehealth services in military
health system (sec. 718)............................... 1075
Authorization of reimbursement by Department of Defense
to entities carrying out state vaccination programs for
costs of vaccines provided to covered beneficiaries
(sec. 719)............................................. 1076
Subtitle C--Health Care Administration....................... 1076
Authority to convert military medical and dental
positions to civilian medical and dental positions
(sec. 721)............................................. 1076
Prospective payment of funds necessary to provide medical
care for the Coast Guard (sec. 722).................... 1077
Reduction of administrative requirements relating to
automatic renewal of enrollments in TRICARE Prime (sec.
723)................................................... 1077
Modification of authority of Uniformed Services
University of the Health Sciences to include
undergraduate and other medical education and training
programs (sec. 724).................................... 1077
Adjustment of medical services, personnel authorized
strengths, and infrastructure in military health system
to maintain readiness and core competencies of health
care providers (sec. 725).............................. 1078
Program to eliminate variability in health outcomes and
improve quality of health care services delivered in
military medical treatment facilities (sec. 726)....... 1078
Acquisition strategy for health care professional
staffing services (sec. 727)........................... 1079
Adoption of core quality performance metrics (sec. 728).. 1080
Improvement of health outcomes and control of costs of
health care under TRICARE program through programs to
involve covered beneficiaries (sec. 729)............... 1080
Accountability for the performance of the military health
system of certain leaders within the system (sec. 730). 1081
Establishment of advisory committees for military
treatment facilities (sec. 731)........................ 1082
Subtitle D--Reports and Other Matters........................ 1082
Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund and report on implementation of
information technology capabilities (sec. 741)......... 1082
Pilot program on expansion of use of physician assistants
to provide mental health care to members of the Armed
Forces (sec. 742)...................................... 1082
Pilot program for prescription drug acquisition cost
parity in the TRICARE pharmacy benefits program (sec.
743)................................................... 1083
Pilot program on display of wait times at urgent care
clinics and pharmacies of military medical treatment
facilities (sec. 744).................................. 1083
Requirement to review and monitor prescribing practices
at military treatment facilities of pharmaceutical
agents for treatment of post-traumatic stress (sec.
745)................................................... 1084
Department of Defense study on preventing the diversion
of opioid medications (sec. 746)....................... 1084
Incorporation into survey by Department of Defense of
questions on experiences of members of the Armed Forces
with family planning services and counseling (sec. 747) 1084
Assessment of transition to TRICARE program by families
of members of reserve components called to Active Duty
and elimination of certain charges for such families
(sec. 748)............................................. 1085
Oversight of graduate medical education programs of
military departments (sec. 749)........................ 1085
Study on health of helicopter and tiltrotor pilots (sec.
750)................................................... 1086
Comptroller General reports on health care delivery and
waste in military health system (sec. 751)............. 1086
Legislative Provisions Not Adopted........................... 1086
Modifications of cost-sharing requirements for the
TRICARE pharmacy benefits program and treatment of
certain pharmaceutical agents.......................... 1086
Pilot program on treatment of members of the Armed Forces
for post-traumatic stress disorder related to military
sexual trauma.......................................... 1087
Selection of commanders and directors of military
treatment facilities and tours of duty of commanders of
such facilities........................................ 1087
Use of mefloquine for malaria............................ 1087
Mental health resources for members of the military
services at high risk of suicide....................... 1088
Research of chronic traumatic encephalopathy............. 1088
Active oscillating negative pressure treatment........... 1088
Report on feasibility of including acupuncture and
chiropractic services for retirees under TRICARE
program................................................ 1088
Clarification of submission of reports on longitudinal
study on traumatic brain injury........................ 1088
Increased collaboration with NIH to combat triple
negative breast cancer................................. 1089
Memoranda of agreement with institutions of higher
education that offer degrees in allopathic or
osteopathic medicine................................... 1089
Prohibition on conduct of certain medical research and
development projects................................... 1089
Report on plan to improve pediatric care and related
services for children of members of the Armed Forces... 1090
Treatment of certain provisions relating to limitations,
transparency, and oversight regarding medical research
conducted by the Department of Defense................. 1090
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS................................................ 1090
Subtitle A--Acquisition Policy and Management................ 1090
Rapid acquisition authority amendments (sec. 801)........ 1090
Authority for temporary service of Principal Military
Deputies to the Assistant Secretaries of the military
departments for acquisition as Acting Assistant
Secretaries (sec. 802)................................. 1090
Modernization of services acquisition (sec. 803)......... 1090
Defense Modernization Account amendments (sec. 804)...... 1091
Subtitle B--Department of Defense Acquisition Agility........ 1091
Modular open system approach in development of major
weapon systems (sec. 805).............................. 1091
Development, prototyping, and deployment of weapon system
components or technology (sec. 806).................... 1091
Cost, schedule, and performance of major defense
acquisition programs (sec. 807)........................ 1092
Transparency in major defense acquisition programs (sec.
808)................................................... 1092
Amendments relating to technical data rights (sec. 809).. 1093
Subtitle C--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 1094
Modified restrictions on undefinitized contractual
actions (sec. 811)..................................... 1094
Amendments relating to inventory and tracking of
purchases of services (sec. 812)....................... 1095
Use of lowest price technically acceptable source
selection process (sec. 813)........................... 1095
Limitation of use of reverse auctions and lowest price
technically acceptable contracting methods for
procurement of personal protective equipment (sec. 814) 1096
Amendments related to detection and avoidance of
counterfeit electronic parts (sec. 815)................ 1096
Amendments to special emergency procurement authority
(sec. 816)............................................. 1096
Compliance with domestic source requirements for footwear
furnished to enlisted members of the Armed Forces upon
their initial entry into the Armed Forces (sec. 817)... 1097
Extension of authority for enhanced transfer of
technology developed at Department of Defense
laboratories (sec. 818)................................ 1097
Modified notification requirement for exercise of waiver
authority to acquire vital national security
capabilities (sec. 819)................................ 1098
Defense cost accounting standards (sec. 820)............. 1098
Increased micro-purchase threshold applicable to
Department of Defense procurements (sec. 821).......... 1098
Enhanced competition requirements (sec. 822)............. 1099
Revision to effective date of senior executive benchmark
compensation for allowable cost limitations (sec. 823). 1099
Treatment of independent research and development costs
on certain contracts (sec. 824)........................ 1099
Exception to requirement to include cost or price to the
Government as a factor in the evaluation of proposals
for certain multiple-award task or delivery order
contracts (sec. 825)................................... 1100
Extension of program for comprehensive small business
contracting plans (sec. 826)........................... 1100
Treatment of side-by-side testing of certain equipment,
munitions, and technologies manufactured and developed
under cooperative research and development agreements
as use of competitive procedures (sec. 827)............ 1100
Defense Acquisition Challenge Program amendments (sec.
828)................................................... 1101
Preference for fixed-price contracts (sec. 829).......... 1101
Requirement to use firm fixed-price contracts for foreign
military sales (sec. 830).............................. 1101
Preference for performance-based contractual payments
(sec. 831)............................................. 1102
Contractor incentives to achieve savings and improve
mission performance (sec. 832)......................... 1102
Sunset and repeal of certain contracting provisions (sec.
833)................................................... 1102
Flexibility in contracting award program (sec. 834)...... 1103
Protection of task order competition (sec. 835).......... 1103
Contract closeout authority (sec. 836)................... 1103
Closeout of old Department of the Navy contracts (sec.
837)................................................... 1103
Subtitle D--Provisions Relating to Major Defense Acquisition
Programs................................................... 1104
Change in date of submission to Congress of Selected
Acquisition Reports (sec. 841)......................... 1104
Amendments relating to independent cost estimation and
cost analysis (sec. 842)............................... 1104
Revisions to Milestone B determinations (sec. 843)....... 1104
Review and report on sustainment planning in the
acquisition process (sec. 844)......................... 1105
Revision to distribution of annual report on operational
test and evaluation (sec. 845)......................... 1105
Repeal of major automated information systems provisions
(sec. 846)............................................. 1105
Revisions to definition of major defense acquisition
program (sec. 847)..................................... 1105
Acquisition strategy (sec. 848).......................... 1106
Improved life-cycle cost control (sec. 849).............. 1106
Authority to designate increments or blocks of items
delivered under major defense acquisition programs as
major subprograms for purposes of acquisition reporting
(sec. 850)............................................. 1107
Reporting of small business participation on Department
of Defense programs (sec. 851)......................... 1107
Waiver of congressional notification for acquisition of
tactical missiles and munitions greater than quantity
specified in law (sec. 852)............................ 1108
Multiple program multiyear contract pilot demonstration
program (sec. 853)..................................... 1108
Key performance parameter reduction pilot program (sec.
854)................................................... 1108
Mission integration management (sec. 855)................ 1108
Subtitle E--Provisions Relating to Acquisition Workforce..... 1109
Project management (sec. 861)............................ 1109
Authority to waive tenure requirement for program
managers for program definition and program execution
periods (sec. 862)..................................... 1109
Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used; advisory panel
amendments (sec. 863).................................. 1110
Department of Defense Acquisition Workforce Development
Fund determination adjustment (sec. 864)............... 1110
Limitations on funds used for staff augmentation
contracts at management headquarters of the Department
of Defense and the military departments (sec. 865)..... 1111
Senior Military Acquisition Advisors in the Defense
Acquisition Corps (sec. 866)........................... 1111
Authority of the Secretary of Defense under the
acquisition demonstration project (sec. 867)........... 1112
Subtitle F--Provisions Related to Commercial Items........... 1112
Market research for determination of price reasonableness
in acquisition of commercial items (sec. 871).......... 1112
Value analysis for the determination of price
reasonableness (sec. 872).............................. 1112
Clarification of requirements relating to commercial item
determinations (sec. 873).............................. 1113
Inapplicability of certain laws and regulations to the
acquisition of commercial items and commercially
available off-the-shelf items (sec. 874)............... 1113
Use of commercial or non-Government standards in lieu of
military specifications and standards (sec. 875)....... 1113
Preference for commercial services (sec. 876)............ 1113
Treatment of commingled items purchased by contractors as
commercial items (sec. 877)............................ 1114
Treatment of services provided by nontraditional
contractors as commercial items (sec. 878)............. 1114
Defense pilot program for authority to acquire innovative
commercial items, technologies, and services using
general solicitation competitive procedures (sec. 879). 1114
Pilot programs for authority to acquire innovative
commercial items using general solicitation competitive
procedures (sec. 880).................................. 1115
Subtitle G--Industrial Base Matters.......................... 1115
Greater integration of the national technology industrial
base (sec. 881)........................................ 1115
Integration of civil and military roles in attaining
national technology and industrial base objectives
(sec. 882)............................................. 1115
Pilot program for distribution support and services for
weapon systems contractors (sec. 883).................. 1116
Nontraditional and small contractor innovation
prototyping program (sec. 884)......................... 1116
Subtitle H--Other Matters.................................... 1116
Report on bid protests (sec. 885)........................ 1116
Review and report on indefinite delivery contracts (sec.
886)................................................... 1117
Review and report on contractual flow-down provisions
(sec. 887)............................................. 1117
Requirement and review relating to use of brand names or
brand-name or equivalent descriptions in solicitations
(sec. 888)............................................. 1117
Inclusion of information on common grounds for sustaining
bid protests in annual Government Accountability Office
reports to Congress (sec. 889)......................... 1118
Study and report on contracts awarded to minority-owned
and women-owned businesses (sec. 890).................. 1118
Authority to provide reimbursable auditing services to
certain non-Defense Agencies (sec. 891)................ 1118
Selection of service providers for auditing services and
audit readiness services (sec. 892).................... 1118
Amendments to contractor business system requirements
(sec. 893)............................................. 1118
Improved management practices to reduce cost and improve
performance of certain Department of Defense
organizations (sec. 894)............................... 1119
Exemption from requirement for capital planning and
investment control for information technology equipment
included as integral part of a weapon or weapon system
(sec. 895)............................................. 1119
Modifications to pilot program for streamlining awards
for innovative technology projects (sec. 896).......... 1119
Rapid prototyping funds for the military departments
(sec. 897)............................................. 1120
Establishment of Panel on Department of Defense and
AbilityOne Contracting Oversight, Accountability, and
Integrity; Defense Acquisition University training
(sec. 898)............................................. 1120
Coast Guard major acquisition programs (sec. 899)........ 1120
Enhanced authority to acquire products and services
produced in Africa in support of covered activities
(sec. 899A)............................................ 1121
Legislative Provisions Not Adopted........................... 1122
Revision to authorities relating to Department of Defense
Test Resource Management Center........................ 1122
Repeal of temporary suspension of public-private
competitions for conversion of Department of Defense
functions to performance by contractors................ 1122
Requirement for policies and standard checklist in
procurement of services................................ 1122
Non-traditional contractor definition.................... 1122
Revision to definition of commercial item................ 1122
Government Accountability Office bid protest reforms..... 1123
Penalties for the use of cost-type contracts............. 1123
Nonapplicability of certain executive order to Department
of Defense and National Nuclear Security Administration 1123
Requirement that certain ship components be manufactured
in the national technology and industrial base......... 1123
Use of economy-wide inflation index to calculate
percentage increase in unit costs...................... 1123
Modifications to the justification and approval process
for certain sole-source contracts for small business
concerns............................................... 1124
Briefing on design-build construction process for defense
contracts.............................................. 1124
Assessment of outreach for small business concerns owned
and controlled by women and minorities required before
conversion of certain functions to contractor
performance............................................ 1124
Enhanced use of data analytics to improve acquisition
program outcomes....................................... 1125
Department of Defense exemptions from certain regulations 1126
Use of non-cost type contracts to acquire commercial
items.................................................. 1126
Modified requirements for distribution of assistance
under procurement technical assistance cooperative
agreements............................................. 1127
Working capital fund for precision guided munitions
exports in support of contingency operations........... 1127
Director of Developmental Test and Evaluation............ 1127
Improved transparency and oversight over Department of
Defense research, development, test, and evaluation
efforts and procurement activities related to medical
research............................................... 1129
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 1129
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................... 1129
Organization of the Office of the Secretary of Defense
(sec. 901)............................................. 1129
Responsibilities and reporting of the Chief Information
Officer of the Department of Defense (sec. 902)........ 1131
Maximum number of personnel in Office of the Secretary of
Defense and other Department of Defense headquarters
offices (sec. 903)..................................... 1132
Repeal of Financial Management Modernization Executive
Committee (sec. 904)................................... 1132
Subtitle B--Organization and Management of the Department of
Defense Generally.......................................... 1133
Organizational Strategy for the Department of Defense
(sec. 911)............................................. 1133
Policy, organization, and management goals and priorities
of the Secretary of Defense for the Department of
Defense (sec. 912)..................................... 1134
Secretary of Defense delivery unit (sec. 913)............ 1134
Performance of civilian functions by military personnel
(sec. 914)............................................. 1134
Repeal of requirements relating to efficiencies plan for
the civilian personnel workforce and service contractor
workforce of the Department of Defense (sec. 915)...... 1135
Subtitle C--Joint Chiefs of Staff and Combatant Command
Matters.................................................... 1135
Joint Chiefs of Staff and related combatant command
matters (sec. 921)..................................... 1135
Organization of the Department of Defense for management
of special operations forces and special operations
(sec. 922)............................................. 1136
Establishment of Unified Combatant Command for Cyber
Operations (sec. 923).................................. 1138
Assigned forces of the combatant commands (sec. 924)..... 1139
Modifications to the requirements process (sec. 925)..... 1139
Assessments of combatant command structure (sec. 926).... 1140
Subtitle D--Organization and Management of Other Department
of Defense Offices and Elements............................ 1141
Qualifications for appointment of the Secretaries of the
military departments (sec. 931)........................ 1141
Enhanced personnel management authorities for the Chief
of the National Guard Bureau (sec. 932)................ 1141
Reorganization and redesignation of Office of Family
Policy and Office of Community Support for Military
Families with Special Needs (sec. 933)................. 1141
Redesignation of Assistant Secretary of the Air Force for
Acquisition as Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics (sec. 934)...... 1141
Subtitle E--Strategies, Reports, and Related Matters......... 1142
National Defense Strategy (sec. 941)..................... 1142
Commission on the National Defense Strategy for the
United States (sec. 942)............................... 1142
Reform of the national military strategy (sec. 943)...... 1142
Form of annual national security strategy report (sec.
944)................................................... 1142
Modification to independent study of national security
strategy formulation process (sec. 945)................ 1143
Subtitle F--Other Matters.................................... 1143
Enhanced security programs for Department of Defense
personnel and innovation initiatives (sec. 951)........ 1143
Modification of authority of the Secretary of Defense
relating to protection of the Pentagon Reservation and
other Department of Defense facilities in the National
Capital Region (sec. 952).............................. 1143
Modifications to requirements for accounting for members
of the Armed Forces and Department of Defense civilian
employees listed as missing (sec. 953)................. 1144
Modifications to corrosion report (sec. 954)............. 1144
Legislative Provisions Not Adopted........................... 1144
Sense of Congress on Goldwater-Nichols Reform............ 1144
Authority to employ civilian faculty members at Joint
Special Operations University.......................... 1144
Public release by inspectors general of reports of
misconduct............................................. 1144
Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps................ 1145
TITLE X--GENERAL PROVISIONS...................................... 1145
Subtitle A--Financial Matters................................ 1145
General transfer authority (sec. 1001)................... 1145
Report on auditable financial statements (sec. 1002)..... 1145
Increased use of commercial data integration and analysis
products for the purpose of preparing financial
statement audits (sec. 1003)........................... 1146
Sense of Congress on sequestration (sec. 1004)........... 1146
Requirement to transfer funds from Department of Defense
Acquisition Workforce Development Fund to the Treasury
(sec. 1005)............................................ 1146
Subtitle B--Counter-Drug Activities.......................... 1146
Codification and modification of authority to provide
support for counter-drug activities and activities to
counter transnational organized crime of civilian law
enforcement agencies (sec. 1011)....................... 1146
Secretary of Defense review of curricula and program
structures of National Guard counterdrug schools (sec.
1012).................................................. 1147
Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia (sec. 1013)...... 1147
Enhancement of information sharing and coordination of
military training between Department of Homeland
Security and Department of Defense (sec. 1014)......... 1148
Subtitle C--Naval Vessels and Shipyards...................... 1148
Definition of short-term work with respect to overhaul,
repair, or maintenance of naval vessels (sec. 1021).... 1148
Warranty requirements for shipbuilding contracts (sec.
1022).................................................. 1148
National Sea-Based Deterrence Fund (sec. 1023)........... 1149
Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships (sec.
1024).................................................. 1149
Subtitle D--Counterterrorism................................. 1150
Frequency of counterterrorism operations briefings (sec.
1031).................................................. 1150
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. 1032).. 1150
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. 1033)....................... 1150
Prohibition on use of funds for transfer or release to
certain countries of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba (sec. 1034). 1151
Prohibition on use of funds for realignment of forces at
or closure of United States Naval Station, Guantanamo
Bay, Cuba (sec. 1035).................................. 1151
Subtitle E--Miscellaneous Authorities and Limitations........ 1151
Expanded authority for transportation by the Department
of Defense of non-Department of Defense personnel and
cargo (sec. 1041)...................................... 1151
Reduction in minimum number of Navy carrier air wings and
carrier air wing headquarters required to be maintained
(sec. 1042)............................................ 1151
Modification to support for non-Federal development and
testing of material for chemical agent defense (sec.
1043).................................................. 1152
Protection of certain Federal spectrum operations (sec.
1044).................................................. 1152
Prohibition on use of funds for retirement of legacy
maritime mine countermeasures platforms (sec. 1045).... 1152
Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance (sec. 1046)....... 1152
Evaluation of Navy alternate combination cover and unisex
combination cover (sec. 1047).......................... 1153
Independent evaluation of Department of Defense excess
property program (sec. 1048)........................... 1153
Waiver of certain polygraph examination requirements
(sec. 1049)............................................ 1154
Use of transportation worker identification credential to
gain access at Department of Defense installations
(sec. 1050)............................................ 1154
Limitation on availability of funds for destruction of
certain landmines and briefing on development of
replacement anti-personnel landmine munitions (sec.
1051).................................................. 1154
Transition of Air Force to operation of remotely piloted
aircraft by enlisted personnel (sec. 1052)............. 1155
Prohibition on divestment of Marine Corps Search and
Rescue Units (sec. 1053)............................... 1155
Support for the Associate Director of Central
Intelligence for Military Affairs (sec. 1054).......... 1155
Notification on the provision of defense sensitive
support (sec. 1055).................................... 1155
Prohibition on enforcement of military commission rulings
preventing members of the Armed Forces from carrying
out otherwise lawful duties based on member sex (sec.
1056).................................................. 1156
Congressional notification requirements for sensitive
military operations (sec. 1057)........................ 1156
Subtitle F--Studies and Reports.............................. 1156
Temporary continuation of certain Department of Defense
reporting requirements (sec. 1061)..................... 1156
Reports on programs managed under alternative
compensatory control measures in the Department of
Defense (sec. 1062).................................... 1156
Matters for inclusion in report on designation of
countries for which rewards may be paid under
Department of Defense rewards program (sec. 1063)...... 1157
Annual reports on unfunded priorities of the Armed Forces
and the combatant commands and annual report on
combatant command requirements (sec. 1064)............. 1157
Management and reviews of electromagnetic spectrum (sec.
1065).................................................. 1157
Requirement for notice and reporting to Committees on
Armed Services of certain expenditures of funds by
Defense Intelligence Agency (sec. 1066)................ 1158
Congressional notification of biological select agent and
toxin theft, loss, or release involving the Department
of Defense (sec. 1067)................................. 1158
Report on service-provided support and enabling
capabilities to United States special operations forces
(sec. 1068)............................................ 1158
Report on citizen security responsibilities in the
Northern Triangle of Central America (sec. 1069)....... 1158
Report on counterproliferation activities and programs
(sec. 1070)............................................ 1159
Report on testing and integration of minehunting sonar
systems to improve Littoral Combat Ship minehunting
capabilities (sec. 1071)............................... 1159
Quarterly reports on parachute jumps conducted at Fort
Bragg and Pope Army Airfield and Air Force support for
such jumps (sec. 1072)................................. 1159
Study on military helicopter noise (sec. 1073)........... 1159
Independent review of United States military strategy and
force posture in the United States Pacific Command area
of responsibility (sec. 1074).......................... 1159
Assessment of the joint ground forces of the Armed Forces
(sec. 1075)............................................ 1160
Subtitle G--Other Matters.................................... 1160
Technical and clerical amendments (sec. 1081)............ 1160
Increase in maximum amount available for equipment,
services, and supplies provided for humanitarian
demining assistance (sec. 1082)........................ 1160
Liquidation of unpaid credits accrued as a result of
transactions under a cross-servicing agreement (sec.
1083).................................................. 1161
Modification of requirements relating to management of
military technicians (sec. 1084)....................... 1161
Streamlining of the National Security Council (sec. 1085) 1161
National biodefense strategy (sec. 1086)................. 1161
Global Cultural Knowledge Network (sec. 1087)............ 1162
Sense of Congress regarding Connecticut's Submarine
Century (sec. 1088).................................... 1162
Sense of Congress regarding the reporting of the MV-22
mishap in Marana, Arizona, on April 8, 2000 (sec. 1089) 1162
Cost of wars (sec. 1090)................................. 1162
Reconnaissance Strike Group matters (sec. 1091).......... 1162
Border security metrics (sec. 1092)...................... 1163
Program to commemorate the 100th anniversary of the Tomb
of the Unknown Soldier (sec. 1093)..................... 1163
Sense of Congress regarding the OCONUS basing of the KC-
46A aircraft (sec. 1094)............................... 1163
Designation of a Department of Defense Strategic Arctic
Port (sec. 1095)....................................... 1163
Recovery of Excess Rifles, Ammunition, and Parts Granted
to Foreign Countries and Transfer to Certain Persons
(sec. 1096)............................................ 1164
Legislative Provisions Not Adopted........................... 1164
Delegation to Chairman of Joint Chiefs of Staff of
authority to direct transfer of forces................. 1164
Management of Defense clandestine human intelligence
collection............................................. 1164
Extension of authority to provide additional support for
counter-drug activities of foreign governments......... 1164
Funding for counter narcotics operations................. 1165
Report on efforts of United States Southern Command to
detect and monitor drug trafficking.................... 1165
Prohibition on reprogramming requests for funds for
transfer or release, or construction for transfer or
release, of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.......................... 1165
Designing and planning related to construction of certain
facilities in the United States........................ 1166
Authority to transfer individuals detained at United
States Naval Station, Guantanamo Bay, Cuba, to the
United States temporarily for emergency or critical
medical treatment...................................... 1166
Authority for Article III judges to take certain actions
relating to individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.......................... 1166
Requirement for Memorandum of Understanding Regarding
Transfer of Detainees.................................. 1166
Limitation on transfer of detainees at United States
Naval Station, Guantanamo Bay, Cuba, pending a report
on their terrorist actions and affiliations............ 1166
Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to countries covered by
Department of State travel warnings.................... 1167
Restrictions on the overhaul and repair of vessels in
foreign shipyards...................................... 1167
Restrictions on use of rocket engines from the Russian
Federation for space launch of national security
satellites............................................. 1167
Limitations on use of rocket engines from the Russian
Federation to achieve assured access to space.......... 1167
Transportation on military aircraft on a space-available
basis for members and former members of the Armed
Forces with disabilities rated as total................ 1167
National Guard flyovers of public events................. 1168
Application of Freedom of Information Act to the National
Security Council....................................... 1168
Exemption of information on military tactics, techniques,
and procedures from release under Freedom of
Information Act........................................ 1168
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.................................. 1169
Briefing on criteria for determining locations of Air
Force Installation and Mission Support Center
headquarters........................................... 1169
Briefing on real property inventory...................... 1169
Report on adjustment and diversification assistance...... 1169
Briefing on the protection of personally identifying
information of members of the Armed Forces............. 1170
Report on priorities for bed downs, basing criteria, and
special mission units for C-130J aircraft of the Air
Force.................................................. 1171
Clarification of contracts covered by airlift service
provision.............................................. 1171
LNG permitting certainty and transparency................ 1171
Transfer of surplus firearms to Corporation for the
Promotion of Rifle Practice and Firearms Safety........ 1171
Sense of Congress regarding the importance of Panama
City, Florida, to the history and future of the Armed
Forces................................................. 1172
Protection against misuse of Naval Special Warfare
Command insignia....................................... 1172
Protections relating to civil rights and disabilities.... 1172
Determination and disclosure of transportation costs
incurred by Secretary of Defense for congressional
trips outside the United States........................ 1172
Sense of Congress regarding American veterans disabled
for life............................................... 1173
Maritime Occupational Safety and Health Advisory
Committee.............................................. 1173
Sense of Congress regarding United States Northern
Command Preparedness................................... 1173
Workforce issues for relocation of marines to Guam....... 1173
Review of Department of Defense debt collection
regulations............................................ 1174
Importance of role played by women in World War II....... 1174
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................ 1174
Pilot's Bill of Rights 2................................. 1175
Comprehensive strategy for detention of certain
individuals............................................ 1175
Declassification of information on past terrorist
activities of detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.................... 1175
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 1175
Subtitle A--Department of Defense Matters Generally.......... 1175
Civilian personnel management (sec. 1101)................ 1175
Repeal of requirement for annual strategic workforce plan
for the Department of Defense (sec. 1102).............. 1176
Training for employment personnel of Department of
Defense on matters relating to authorities for
recruitment and retention at United States Cyber
Command (sec. 1103).................................... 1176
Public-private talent exchange (sec. 1104)............... 1176
Temporary and term appointments in the competitive
service in the Department of Defense (sec. 1105)....... 1177
Direct-hire authority for the Department of Defense for
post-secondary students and recent graduates (sec.
1106).................................................. 1177
Temporary increase in maximum amount of voluntary
separation incentive pay authorized for civilian
employees of the Department of Defense (sec. 1107)..... 1177
Extension of the rate of overtime pay for Department of
the Navy employees performing work aboard or dockside
in support of the nuclear-powered aircraft carrier
forward deployed in Japan (sec. 1108).................. 1178
Limitation on number of DOD SES positions (sec. 1109).... 1178
Direct hire authority for financial management experts
into the Department of Defense workforce (sec. 1110)... 1178
Repeal of certain basis for appointment of a retired
member of the Armed Forces to Department of Defense
position within 180 days of retirement (sec. 1111)..... 1179
Subtitle B--Department of Defense Science and Technology
Laboratories and Related Matters........................... 1179
Permanent personnel management authority for the
Department of Defense for experts in science and
engineering (sec. 1121)................................ 1179
Codification and modification of certain authorities for
certain positions at Department of Defense research and
engineering laboratories (sec. 1122)................... 1179
Modification to information technology personnel exchange
program (sec. 1123).................................... 1179
Pilot program on enhanced pay authority for certain
research and technology positions in the science and
technology reinvention laboratories of the Department
of Defense (sec. 1124)................................. 1180
Temporary direct hire authority for domestic defense
industrial base facilities, the Major Range and Test
Facilities Base, and the Office of the Director of
Operational Test and Evaluation (sec. 1125)............ 1180
Subtitle C--Government-Wide Matters.......................... 1180
Elimination of two-year eligibility limitation for
noncompetitive appointment of spouses of members of the
Armed Forces (sec. 1131)............................... 1180
Temporary personnel flexibilities for domestic defense
industrial base facilities and Major Range and Test
Facilities Base civilian personnel (sec. 1132)......... 1181
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1133) 1181
Advance payments for employees relocating within the
United States and its territories (sec. 1134).......... 1181
Eligibility of employees in a time-limited appointment to
compete for a permanent appointment at any Federal
agency (sec. 1135)..................................... 1181
Review of official personnel file of former Federal
employee before rehiring (sec. 1136)................... 1181
One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on
pay for Federal civilian employees working overseas
(sec. 1137)............................................ 1182
Administrative leave (sec. 1138)......................... 1182
Direct hiring for Federal wage schedule employees (sec.
1139).................................................. 1182
Record of investigation of personnel action in separated
employee's official personnel file (sec. 1140)......... 1183
Legislative Provisions Not Adopted........................... 1183
Treatment of certain localities for calculation of per
diem allowances........................................ 1183
Pilot programs on career sabbaticals for Department of
Defense civilian employees............................. 1183
Report on Department of Defense civilian workforce
personnel and contractors.............................. 1183
Appointment authority for uniquely qualified prevailing
rate employees......................................... 1183
Limitation on preference eligible hiring preferences for
permanent employees in the competitive service......... 1183
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 1184
Subtitle A--Assistance and Training.......................... 1184
One-year extension of logistical support for coalition
forces supporting certain United States military
operations (sec. 1201)................................. 1184
Special Defense Acquisition Fund matters (sec. 1202)..... 1185
Codification of authority for support of special
operations to combat terrorism (sec. 1203)............. 1185
Independent evaluation of Strategic Framework for
Department of Defense security cooperation (sec. 1204). 1186
Sense of Congress regarding an assessment, monitoring,
and evaluation framework for security cooperation (sec.
1205).................................................. 1186
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 1186
Extension and modification of Commanders' Emergency
Response Program (sec. 1211)........................... 1186
Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan (sec. 1212)................................ 1187
Extension and modification of authority to transfer
defense articles and provide defense services to the
military and security forces of Afghanistan (sec. 1213) 1187
Special immigrant status for certain Afghans (sec. 1214). 1187
Modification to semiannual report on enhancing security
and stability in Afghanistan (sec. 1215)............... 1187
Prohibition on use of funds for certain programs and
projects of the Department of Defense in Afghanistan
that cannot be safely accessed by United States
Government personnel (sec. 1216)....................... 1188
Improvement of oversight of United States Government
efforts in Afghanistan (sec. 1217)..................... 1188
Extension and modification of authority for reimbursement
of certain coalition nations for support provided to
United States military operations (sec. 1218).......... 1188
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 1190
Modification and extension of authority to provide
assistance to the vetted Syrian opposition (sec. 1221). 1190
Modification and extension of authority to provide
assistance to counter the Islamic State of Iraq and the
Levant (sec. 1222)..................................... 1190
Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq (sec. 1223)........................ 1191
Limitation on provision of man-portable air defense
systems to the vetted Syrian opposition during fiscal
year 2017 (sec. 1224).................................. 1191
Modification of annual report on military power of Iran
(sec. 1225)............................................ 1191
Quarterly report on confirmed ballistic missile launches
from Iran (sec. 1226).................................. 1192
Subtitle D--Matters Relating to the Russian Federation....... 1192
Military response options to Russian Federation violation
of INF Treaty (sec. 1231).............................. 1192
Limitation on military cooperation between the United
States and the Russian Federation (sec. 1232).......... 1193
Extension and modification of authority on training for
Eastern European national military forces in the course
of multilateral exercises (sec. 1233).................. 1193
Prohibition on availability of funds relating to
sovereignty of the Russian Federation over Crimea (sec.
1234).................................................. 1194
Annual report on military and security developments
involving the Russian Federation (sec. 1235)........... 1194
Limitation on use of funds to vote to approve or
otherwise adopt any implementing decision of the Open
Skies Consultative Commission and related requirements
(sec. 1236)............................................ 1194
Extension and enhancement of Ukraine Security Assistance
Initiative (sec. 1237)................................. 1195
Subtitle E--Reform of Department of Defense Security
Cooperation................................................ 1196
Enactment of new chapter for defense security cooperation
(sec. 1241)............................................ 1196
Military-to-military exchanges (sec. 1242)............... 1200
Consolidation and revision of authorities for payment of
personnel expenses necessary for theater security
cooperation (sec. 1243)................................ 1200
Transfer and revision of certain authorities on payment
of expenses of training and exercises with friendly
foreign forces (sec. 1244)............................. 1200
Transfer and revision of authority to provide operational
support to forces of friendly foreign countries (sec.
1245).................................................. 1201
Department of Defense State Partnership Program (sec.
1246).................................................. 1201
Transfer of authority on regional defense combating
terrorism fellowship program (sec. 1247)............... 1201
Consolidation of authorities for service academy
international engagement (sec. 1248)................... 1202
Consolidated annual budget for security cooperation
programs and activities of the Department of Defense
(sec. 1249)............................................ 1202
Department of Defense security cooperation workforce
development (sec. 1250)................................ 1202
Reporting requirements (sec. 1251)....................... 1204
Quadrennial Review of Security Sector Assistance Program
and Authorities of the United States Government (sec.
1252).................................................. 1204
Other conforming amendments and authority for
administration (sec. 1253)............................. 1204
Subtitle F--Human Rights Sanctions........................... 1204
Global Magnitsky Human Rights Accountability Act (secs.
1261-1265)............................................. 1204
Subtitle G--Miscellaneous Reports............................ 1205
Modification of annual report on military and security
developments involving the People's Republic of China
(sec. 1271)............................................ 1205
Monitoring and evaluation of overseas humanitarian,
disaster, and civic aid programs of the Department of
Defense (sec. 1272).................................... 1205
Strategy for United States defense interests in Africa
(sec. 1273)............................................ 1205
Report on the potential for cooperation between the
United States and Israel on directed energy
capabilities (sec. 1274)............................... 1205
Annual update of Department of Defense Freedom of
Navigation Report (sec. 1275).......................... 1206
Reports on INF Treaty and Open Skies Treaty (sec. 1276).. 1206
Assessment of proliferation of certain remotely piloted
aircraft systems (sec. 1277)........................... 1206
Subtitle H--Other Matters.................................... 1207
Enhancement of interagency support during contingency
operations and transition periods (sec. 1281).......... 1207
Two-year extension and modification of authorization of
non-conventional assisted recovery capabilities (sec.
1282).................................................. 1207
Authority to destroy certain specified World War II-era
United States-origin chemical munitions located on San
Jose Island, Republic of Panama (sec. 1283)............ 1207
Sense of Congress on military exchanges between the
United States and Taiwan (sec. 1284)................... 1208
Limitation on availability of funds to implement the Arms
Trade Treaty (sec. 1285)............................... 1208
Prohibition on use of funds to invite, assist, or
otherwise assure the participation of Cuba in certain
joint or multilateral exercises (sec. 1286)............ 1208
Global Engagement Center (sec. 1287)..................... 1209
Modification of United States International Broadcasting
Act of 1994 (sec. 1288)................................ 1209
Redesignation of South China Sea Initiative (sec. 1289).. 1210
Measures against persons involved in activities that
violate arms control treaties or agreements with the
United States (sec. 1290).............................. 1210
Agreements with foreign governments to develop land-based
water resources in support of and in preparation for
contingency operations (sec. 1291)..................... 1211
Enhancing defense and security cooperation with India
(sec. 1292)............................................ 1211
Coordination of efforts to develop free trade agreements
with sub-Saharan African countries (sec. 1293)......... 1212
Extension and expansion of authority to support border
security operations of certain foreign countries (sec.
1294).................................................. 1212
Modification and clarification of United States-Israel
anti-tunnel cooperation authority (sec. 1295).......... 1212
Maintenance of prohibition on procurement by Department
of Defense of People's Republic of China-origin items
that meet the definition of goods and services
controlled as munitions items when moved to the ``600
series'' of the Commerce Control List (sec. 1296)...... 1213
International sales process improvements (sec. 1297)..... 1213
Efforts to end modern slavery (sec. 1298)................ 1213
Legislative Provisions Not Adopted........................... 1213
Modification and extension of authority to conduct
activities to enhance the capability of foreign
countries to respond to incidents involving weapons of
mass destruction....................................... 1213
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...................... 1214
Sense of Congress on United States policy and strategy in
Afghanistan............................................ 1214
Sense of Congress relating to Dr. Shakil Afridi.......... 1215
Report on access to financial records of the Government
of Afghanistan to audit the use of funds for assistance
for Afghanistan........................................ 1215
Report on prevention of future terrorist organizations in
Iraq and Syria......................................... 1215
Semiannual report on integration of political and
military strategies against ISIL....................... 1216
Sense of Congress condemning continuing attacks on
medical facilities in Syria............................ 1217
Sense of Congress on business practices of the Islamic
State of Iraq and Syria................................ 1217
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. 1217
European investment in security and stability............ 1218
Sense of Senate on European Deterrence Initiative........ 1219
Modification and extension of report on military
assistance to Ukraine.................................. 1219
Sense of Congress on malign activities of the Government
of Iran................................................ 1219
Inclusion of the Philippines among allied countries with
whom United States may enter into cooperative military
airlift agreements..................................... 1220
Sense of Congress on trilateral cooperation between
Japan, South Korea, and the United States.............. 1220
Sense of Congress on cooperation between Singapore and
the United States...................................... 1220
United States policy on Taiwan........................... 1220
Sense of Congress on military relations between Vietnam
and the United States.................................. 1221
Annual report on foreign military sales to Taiwan........ 1221
Sense of Congress in support of a denuclearized Korean
peninsula.............................................. 1222
Authority to grant observer status to the military forces
of Taiwan at RIMPAC exercises.......................... 1222
Sense of Congress on commitment to the Republic of Palau. 1222
Sense of Congress on support for Estonia, Latvia, and
Lithuania.............................................. 1222
Sense of Congress on security sector assistance.......... 1223
Sense of Congress on support for Georgia................. 1223
Sense of Congress regarding on July 2016 NATO Summit in
Warsaw, Poland......................................... 1223
Report on violence and cartel activity in Mexico......... 1223
Opportunities to equip certain foreign military entities. 1223
Sense of Congress regarding the role of the United States
in the North Atlantic Treaty Organization.............. 1224
Authorization of United States assistance to Israel...... 1224
Department of Defense report on cooperation between Iran
and the Russian Federation............................. 1224
Report on maintenance by Israel of a robust independent
capability to remove existential security threats...... 1225
Report on use by the Government of Iran of commercial
aircraft and related services for illicit military or
other activities....................................... 1225
Extension of reporting requirements on the use of certain
Iranian seaports by foreign vessels and use of foreign
airports by sanctioned Iranian air carriers............ 1225
Sense of Congress on integrated ballistic missile defense
system for GCC partner countries, Jordan, Egypt and
Israel................................................. 1225
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...................................... 1226
Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin........................................ 1226
Security Cooperation Enhancement Fund.................... 1227
Coordination between Department of Defense and Department
of State on certain security cooperation and security
assistance programs and activities..................... 1227
United Nations processing center in Erbil, Iraqi
Kurdistan, to assist internationally-displaced
communities............................................ 1227
TITLE XIII--COOPERATIVE THREAT REDUCTION......................... 1227
Specification of Cooperative Threat Reduction funds (sec.
1301).................................................. 1227
Funding allocations (sec. 1302).......................... 1227
Limitation on availability of funds for Cooperative
Threat Reduction in People's Republic of China (sec.
1303).................................................. 1228
TITLE XIV--OTHER AUTHORIZATIONS.................................. 1228
Subtitle A--Military Programs................................ 1228
Working Capital Funds (sec. 1401)........................ 1228
Chemical Agents and Munitions Destruction, Defense (sec.
1402).................................................. 1228
Drug Interdiction and Counter-Drug Activities, Defense-
Wide (sec. 1403)....................................... 1229
Defense Inspector General (sec. 1404).................... 1229
Defense Health Program (sec. 1405)....................... 1229
Subtitle B--National Defense Stockpile....................... 1229
Authority to dispose of certain materials from and to
acquire additional materials for the National Defense
Stockpile (sec. 1411).................................. 1229
National Defense Stockpile matters (sec. 1412)........... 1229
Subtitle C--Chemical Demilitarization Matters................ 1230
National Academies of Sciences study on conventional
munitions demilitarization alternative technologies
(sec. 1421)............................................ 1230
Subtitle D--Other Matters.................................... 1230
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. 1431)...................... 1230
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1432)............................ 1230
Legislative Provisions Not Adopted........................... 1231
National Defense Sealift Fund............................ 1231
National Sea-Based Deterrence Fund....................... 1231
Security Cooperation Enhancement Fund.................... 1231
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS......................................... 1231
Subtitle A--Authorization of Appropriations.................. 1231
Purpose and treatment of certain authorizations of
appropriations (sec. 1501)............................. 1231
Procurement (sec. 1502).................................. 1231
Research, development, test, and evaluation (sec. 1503).. 1232
Operation and maintenance (sec. 1504).................... 1232
Military personnel (sec. 1505)........................... 1232
Working capital funds (sec. 1506)........................ 1232
Drug Interdiction and Counter-Drug Activities, Defense-
wide (sec. 1507)....................................... 1232
Defense Inspector General (sec. 1508).................... 1233
Defense Health program (sec. 1509)....................... 1233
Subtitle B--Financial Matters................................ 1233
Treatment as additional authorizations (sec. 1511)....... 1233
Special transfer authority (sec. 1512)................... 1233
Subtitle C--Limitations, Reports, and Other Matters.......... 1234
Afghanistan Security Forces Fund (sec. 1521)............. 1234
Joint Improvised Explosive Device Defeat Fund (sec. 1522) 1234
Extension of authority to use Joint Improvised Explosive
Device Defeat Fund for training of foreign security
forces to defeat improvised explosive devices (sec.
1523).................................................. 1235
Overseas contingency operations (sec. 1524).............. 1236
Extension and modification of authorities on
Counterterrorism Partnerships Fund (sec. 1525)......... 1236
Legislative Provisions Not Adopted........................... 1236
Counterterrorism Partnerships Fund....................... 1236
Security Cooperation Enhancement Fund.................... 1236
Codification of Office of Management and Budget criteria. 1236
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS... 1237
Subtitle A--Space Activities................................. 1237
Repeal of provision permitting the use of rocket engines
from the Russian Federation for the evolved expendable
launch vehicle program (sec. 1601)..................... 1237
Exception to the prohibition on contracting with Russian
suppliers of rocket engines for the evolved expendable
launch vehicle program (sec. 1602)..................... 1237
Rocket propulsion system to replace RD-180 (sec. 1603)... 1237
Plan for use of allied launch vehicles (sec. 1604)....... 1238
Analysis of alternatives for wide-band communications
(sec. 1605)............................................ 1238
Modification to pilot program for acquisition of
commercial satellite communications services (sec.
1606).................................................. 1239
Space-based environmental monitoring (sec. 1607)......... 1239
Prohibition on use of certain non-allied positioning,
navigation, and timing systems (sec. 1608)............. 1239
Limitation of availability of funds for the Joint Space
Operations Center Mission System (sec. 1609)........... 1240
Limitation on availability of funds for the Global
Positioning System Next Generation Operational Control
System (sec. 1610)..................................... 1240
Availability of funds for certain secure voice
conferencing capabilities (sec. 1611).................. 1241
Space-based infrared system and advanced extremely high
frequency program (sec. 1612).......................... 1241
Pilot program on commercial weather data (sec. 1613)..... 1241
Plans on transfer of acquisition and funding authority of
certain weather missions to National Reconnaissance
Office (sec. 1614)..................................... 1242
Five-year plan for Joint Interagency Combined Space
Operations Center (sec. 1615).......................... 1242
Organization and management of national security space
activities of the Department of Defense (sec. 1616).... 1242
Review of charter of Operationally Responsive Space
Program Office (sec. 1617)............................. 1243
Backup and complementary positioning, navigation, and
timing capabilities of Global Positioning System (sec.
1618).................................................. 1243
Report on use of spacecraft assets of the space-based
infrared system wide-field-of-view program (sec. 1619). 1243
Provision of certain information to Government
Accountability Office by National Reconnaissance Office
(sec. 1620)............................................ 1244
Cost-benefit analysis of commercial use of excess
ballistic missile solid rocket motors (sec. 1621)...... 1244
Independent assessment of Global Positioning System Next
Generation Operational Control System (sec. 1622)...... 1244
Subtitle B--Defense Intelligence and Intelligence-Related
Activities................................................. 1245
Report on United States Central Command Intelligence
Fusion Center (sec. 1631).............................. 1245
Prohibition on availability of funds for certain
relocation activities for NATO Intelligence Fusion Cell
(sec. 1632)............................................ 1245
Survey and review of Defense Intelligence Enterprise
(sec. 1633)............................................ 1246
Subtitle C--Cyberspace-Related Matters....................... 1246
Special emergency procurement authority to facilitate the
defense against or recovery from a cyber attack (sec.
1641).................................................. 1246
Limitation on termination of dual-hat arrangement for
Command of the United States Cyber Command (sec. 1642). 1246
Cyber mission forces matters (sec. 1643)................. 1246
Requirement to enter into agreements relating to use of
cyber opposition forces (sec. 1644).................... 1247
Cyber protection support for Department of Defense
personnel in positions highly vulnerable to cyber
attack (sec. 1645)..................................... 1247
Limitation on full deployment of joint regional security
stacks (sec. 1646)..................................... 1247
Advisory committee on industrial security and industrial
base policy (sec. 1647)................................ 1248
Change in name of National Defense University's
Information Resources Management College to College of
Information and Cyberspace (sec. 1648)................. 1248
Evaluation of cyber vulnerabilities of F-35 aircraft and
support systems (sec. 1649)............................ 1248
Evaluation of cyber vulnerabilities of Department of
Defense critical infrastructure (sec. 1650)............ 1249
Strategy to incorporate Army reserve component cyber
protection teams into Department of Defense cyber
mission force (sec. 1651).............................. 1249
Strategic plan for the Defense Information Systems Agency
(sec. 1652)............................................ 1249
Plan for information security continuous monitoring
capability and comply-to-connect policy; limitation on
software licensing (sec. 1653)......................... 1250
Reports on deterrence of adversaries in cyberspace (sec.
1654).................................................. 1251
Sense of Congress on cyber resiliency of the networks and
communications systems of the National Guard (sec.
1655).................................................. 1252
Subtitle D--Nuclear Forces................................... 1252
Improvements to Council on Oversight of National
Leadership Command, Control, and Communications System
(sec. 1661)............................................ 1252
Treatment of certain sensitive information by State and
local governments (sec. 1662).......................... 1253
Procurement authority for certain parts of
intercontinental ballistic missile fuzes (sec. 1663)... 1253
Prohibition on availability of funds for mobile variant
of ground-based strategic deterrent missile (sec. 1664) 1253
Limitation on availability of funds for extension of New
START Treaty (sec. 1665)............................... 1253
Certifications regarding integrated tactical warning and
attack assessment mission of the Air Force (sec. 1666). 1253
Matters relating to intercontinental ballistic missiles
(sec. 1667)............................................ 1254
Requests for forces to meet security requirements for
land-based nuclear forces (sec. 1668).................. 1254
Report on Russian and Chinese political and military
leadership survivability, command and control, and
continuity of government programs and activities (sec.
1669).................................................. 1255
Review by the Comptroller General of the United States of
recommendations relating to nuclear enterprise of
Department of Defense (sec. 1670)...................... 1255
Sense of Congress on nuclear deterrence (sec. 1671)...... 1255
Sense of Congress on importance of independent nuclear
deterrent of United Kingdom (sec. 1672)................ 1255
Subtitle E--Missile Defense Programs......................... 1256
National missile defense policy (sec. 1681).............. 1256
Extensions of prohibitions relating to missile defense
information and systems (sec. 1682).................... 1256
Non-terrestrial missile defense intercept and defeat
capability for the ballistic missile defense system
(sec. 1683)............................................ 1256
Review of the missile defeat policy and strategy of the
United States (sec. 1684).............................. 1257
Maximizing Aegis Ashore capability and developing medium
range discrimination radar (sec. 1685)................. 1258
Technical authority for integrated air and missile
defense activities and programs (sec. 1686)............ 1258
Hypersonic defense capability development (sec. 1687).... 1258
Conventional Prompt Global Strike weapons system (sec.
1688).................................................. 1259
Required testing by Missile Defense Agency of ground-
based midcourse defense element of ballistic missile
defense system (sec. 1689)............................. 1259
Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program codevelopment and
coproduction (sec. 1690)............................... 1259
Limitations on availability of funds for lower-tier air
and missile defense capability of the Army (sec. 1691). 1260
Pilot program on loss of unclassified, controlled
technical information (sec. 1692)...................... 1261
Plan for procurement of medium-range discrimination radar
to improve homeland missile defense (sec. 1693)........ 1261
Review of Missile Defense Agency budget submissions for
ground-based midcourse defense and evaluation of
alternative ground-based interceptor deployments (sec.
1694).................................................. 1261
Semiannual notifications on missile defense tests and
costs (sec. 1695)...................................... 1262
Reports on unfunded priorities of the Missile Defense
Agency (sec. 1696)..................................... 1262
Subtitle F--Other Matters.................................... 1262
Protection of certain facilities and assets from unmanned
aircraft (sec. 1697)................................... 1262
Harmful interference to Department of Defense Global
Positioning System (sec. 1698)......................... 1263
Legislative Provisions Not Adopted........................... 1263
Availability of certain amounts to meet requirements in
connection with United States policy on assured access
to space............................................... 1263
Department of Defense-wide requirements for security
clearances for military intelligence officers.......... 1263
Limitation on availability of funds for intelligence
management............................................. 1264
Sense of Congress on initial operating capability of
phase 2 of European Phased Adaptive Approach to missile
defense................................................ 1264
Pilot program on application of consequence-driven,
cyber-informed engineering to mitigate against cyber-
security threats....................................... 1265
TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT............ 1265
Guam World War II Loyalty Recognition Act (secs. 1701-
1707).................................................. 1265
TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT...... 1266
Subtitle A--Improving Transparency and Clarity for Small
Businesses................................................. 1266
Plain language rewrite of requirements for small business
procurements (sec. 1801)............................... 1266
Transparency in small business goals (sec. 1802)......... 1266
Subtitle B--Clarifying the Roles of Small Business Advocates. 1266
Scope of review by procurement center representatives
(sec. 1811)............................................ 1266
Duties of the Office of Small and Disadvantaged Business
Utilization (sec. 1812)................................ 1267
Improving contractor compliance (sec. 1813).............. 1267
Improving education on small business regulations (sec.
1814).................................................. 1267
Subtitle C--Strengthening Opportunities for Competition in
Subcontracting............................................. 1267
Good faith in subcontracting (sec. 1821)................. 1267
Pilot program to provide opportunities for qualified
subcontractors to obtain past performance ratings (sec.
1822).................................................. 1268
Amendments to the Mentor-Protege Program of the
Department of Defense (sec. 1823)...................... 1268
Subtitle D--Miscellaneous Provisions......................... 1268
Improvements to size standards for small agricultural
producers (sec. 1831).................................. 1268
Uniformity in service-disabled veteran definitions (sec.
1832).................................................. 1269
Office of Hearings and Appeals (sec. 1833)............... 1269
Extension of SBIR and STTR programs (sec. 1834).......... 1269
Issuance of guidance on small business matters (sec.
1835).................................................. 1269
Subtitle E--Improving Cyber Preparedness for Small Businesses 1270
Small Business Development Center Cyber Strategy and
outreach (sec. 1841)................................... 1270
Role of small business development centers in
cybersecurity and preparedness (sec. 1842)............. 1270
Additional cybersecurity assistance for small business
development centers (sec. 1843)........................ 1270
Prohibition on additional funds (sec. 1844).............. 1270
Legislative Provisions Not Adopted........................... 1270
Improving reporting on small business goals.............. 1270
Uniformity in procurement terminology.................... 1271
Responsibilities of Commercial Market Representatives.... 1271
Responsibilities of Business Opportunity Specialists..... 1271
Improving cooperation between the mentor-protege programs
of the Small Business Administration and the Department
of Defense............................................. 1271
Office of Women's Business Ownership..................... 1271
Women's Business Center Program.......................... 1272
Matching requirements under Women's Business Center
Program................................................ 1272
SCORE reauthorization.................................... 1272
SCORE program............................................ 1272
Online component......................................... 1272
Study and report on the future role of the SCORE program. 1272
Technical and conforming amendments...................... 1273
Required reports pertaining to capital planning and
investment control..................................... 1273
GAO study on small business cyber support services and
small business development center cyber strategy....... 1273
Short title.............................................. 1273
Use of authorized entrepreneurial development programs... 1273
Marketing of services.................................... 1273
Data collection.......................................... 1274
Fees from private partnerships and cosponsorships........ 1274
Equity for small business development centers............ 1274
Confidentiality requirements............................. 1274
Limitation on award of grants to small business
development centers.................................... 1274
TITLE XIX--DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR
INTERNATIONAL PROGRAMS......................................... 1274
Department of Homeland Security Strategy for
International Programs (secs. 1901-1913)............... 1274
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1275
Summary and explanation of funding tables................ 1275
Short title (sec. 2001).................................. 1275
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1275
Effective date (sec. 2003)............................... 1275
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 1275
Summary.................................................. 1275
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1276
Family housing (sec. 2102)............................... 1276
Authorization of appropriations, Army (sec. 2103)........ 1276
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2104).......................... 1277
Extension of authorizations of certain fiscal year 2013
projects (sec. 2105)................................... 1277
Extension of authorizations of certain fiscal year 2014
projects (sec. 2106)................................... 1277
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 1277
Summary.................................................. 1277
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1278
Family housing (sec. 2202)............................... 1278
Improvements to military family housing units (sec. 2203) 1278
Authorization of appropriations, Navy (sec. 2204)........ 1279
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2205).......................... 1279
Extension of authorizations of certain fiscal year 2013
projects (sec. 2206)................................... 1279
Extension of authorizations of certain fiscal year 2014
projects (sec. 2207)................................... 1279
Status of ``net negative'' policy regarding Navy acreage
on Guam (sec. 2208).................................... 1280
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 1280
Summary.................................................. 1280
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1280
Family housing (sec. 2302)............................... 1281
Improvements to military family housing units (sec. 2303) 1281
Authorization of appropriations, Air Force (sec. 2304)... 1281
Modification of authority to carry out certain fiscal
year 2016 project (sec. 2305).......................... 1281
Extension of authorization of certain fiscal year 2013
project (sec. 2306).................................... 1281
Extension of authorization of certain fiscal year 2014
project (sec. 2307).................................... 1282
Restriction on acquisition of property in Northern
Mariana Islands (sec. 2308)............................ 1282
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 1282
Summary.................................................. 1282
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)....................... 1283
Authorized energy conservation projects (sec. 2402)...... 1283
Authorization of appropriations, Defense Agencies (sec.
2403).................................................. 1283
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2404).......................... 1284
Extension of authorizations of certain fiscal year 2013
projects (sec. 2405)................................... 1284
Extension of authorizations of certain fiscal year 2014
projects (sec. 2406)................................... 1284
TITLE XXV--INTERNATIONAL PROGRAMS................................ 1284
Summary.................................................. 1284
Subtitle A--North Atlantic Treaty Organization Security
Investment Program......................................... 1285
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1285
Authorization of appropriations, NATO (sec. 2502)........ 1285
Subtitle B--Host Country In-Kind Contributions............... 1285
Republic of Korea funded construction projects (sec.
2511).................................................. 1285
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 1285
Summary.................................................. 1285
Subtitle A--Project Authorizations and Authorizations of
Appropriations............................................. 1286
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1286
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1286
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1286
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1286
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1286
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1287
Subtitle B--Other Matters.................................... 1287
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2611).......................... 1287
Modification of authority to carry out certain fiscal
year 2015 project (sec. 2612).......................... 1287
Modification of authority to carry out certain fiscal
year 2016 project (sec. 2613).......................... 1287
Extension of authorization of certain fiscal year 2013
project (sec. 2614).................................... 1288
Extension of authorizations of certain fiscal year 2014
projects (sec. 2615)................................... 1288
Legislative Provisions Not Adopted........................... 1288
Report on replacement of security forces and
communications training facility at Frances S. Gabreski
Air National Guard Base, New York...................... 1288
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 1288
Summary.................................................. 1288
Extension of authorizations of certain fiscal year 2014
projects (sec. 2701)................................... 1289
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)....................... 1289
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS........... 1289
Subtitle A--Military Construction Program and Military Family
Housing Changes............................................ 1289
Modification of criteria for treatment of laboratory
revitalization projects as minor military construction
projects (sec. 2801)................................... 1289
Classification of facility conversion projects as repair
projects (sec. 2802)................................... 1290
Limited authority for scope of work increase (sec. 2803). 1290
Extension of temporary, limited authority to use
operation and maintenance funds for construction
projects in certain areas outside the United States
(sec. 2804)............................................ 1290
Authority to expand energy conservation construction
program to include energy resiliency projects (sec.
2805).................................................. 1290
Additional entities eligible for participation in defense
laboratory modernization pilot program (sec. 2806)..... 1290
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.
2807).................................................. 1291
Subtitle B--Real Property and Facilities Administration...... 1291
Acceptance of military construction projects as payments
in-kind and in-kind contributions (sec. 2811).......... 1291
Allotment of space and provision of services to WIC
offices operating on military installations (sec. 2812) 1291
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. 2813) 1291
Assessment of public schools on Department of Defense
installations (sec. 2814).............................. 1292
Prior certification required for use of Department of
Defense facilities by other Federal agencies for
temporary housing support (sec. 2815).................. 1292
Subtitle C--Land Conveyances................................. 1292
Land conveyances, High Frequency Active Auroral Research
Program facility and adjacent property, Gakona, Alaska
(sec. 2821)............................................ 1292
Land conveyance, Campion Air Force Radar Station, Galena,
Alaska (sec. 2822)..................................... 1293
Lease, Joint Base Elmendorf-Richardson, Alaska (sec.
2823).................................................. 1293
Transfer of administrative jurisdictions, Navajo Army
Depot, Arizona (sec. 2824)............................. 1293
Exchange of property interests, San Diego Unified Port
District, California (sec. 2825)....................... 1293
Release of property interests retained in connection with
land conveyance, Eglin Air Force Base, Florida (sec.
2826).................................................. 1293
Land exchange, Fort Hood, Texas (sec. 2827).............. 1294
Land conveyance, P-36 Warehouse, Colbern United States
Army Reserve Center, Laredo, Texas (sec. 2828)......... 1294
Land conveyance, St. George National Guard Armory, St.
George, Utah (sec. 2829)............................... 1294
Land acquisitions, Arlington County, Virginia (sec.
2829A)................................................. 1294
Release of restrictions, Richland Innovation Center,
Richland, Washington (sec. 2829B)...................... 1294
Modification of land conveyance, Rocky Mountain Arsenal
National Wildlife Refuge (sec. 2829C).................. 1295
Closure of St. Marys Airport (sec. 2829D)................ 1295
Transfer of Fort Belvoir Mark Center Campus from the
Secretary of the Army to the Secretary of Defense and
applicability of certain provisions of law relating to
the Pentagon Reservation (sec. 2829E).................. 1295
Return of certain lands at Fort Wingate to the original
inhabitants (sec. 2829F)............................... 1295
Subtitle D--Military Memorials, Monuments, and Museums....... 1296
Cyber Center for Education and Innovation--Home of the
National Cryptological Museum (sec. 2831).............. 1296
Renaming site of the Dayton Aviation Heritage National
Historical Park, Ohio (sec. 2832)...................... 1296
Women's military service memorials and museums (sec.
2833).................................................. 1296
Petersburg National Battlefield boundary modification
(sec. 2834)............................................ 1296
Subtitle E--Designations and Other Matters................... 1297
Designation of portion of Moffett Federal Airfield,
California, as Moffett Air National Guard Base (sec.
2841).................................................. 1297
Redesignation of Mike O'Callaghan Federal Medical Center
(sec. 2842)............................................ 1297
Replenishment of Sierra Vista subwatershed regional
aquifer, Arizona (sec. 2843)........................... 1297
Limited exceptions to restriction on development of
public infrastructure in connection with realignment of
Marine Corps forces in Asia-Pacific region (sec. 2844). 1297
Permanent withdrawal or transfer of administrative
jurisdiction of public land, Naval Air Weapons Station
China Lake, California (sec. 2845)..................... 1298
Legislative Provisions Not Adopted........................... 1298
Sense of Congress on maximizing number of veterans
employed on military construction projects............. 1298
Authority of the Secretary concerned to accept lessee
improvements at Government-owned/contractor-operated
industrial plants or facilities........................ 1298
Treatment of insured depository institutions operating on
land leased from military installations................ 1298
Sense of Congress regarding need to consult with State
and local officials prior to acquisitions of real
property............................................... 1298
Improved process for disposal of Department of Defense
surplus real property located overseas................. 1299
Prohibition on transfer of administrative jurisdiction,
portion of Organ Mountains Area, Fillmore Canyon, New
Mexico................................................. 1299
Bureau of Land Management withdrawn military lands under
Military Lands Withdrawal Act of 1999.................. 1299
Certification of optimal location for 4th and 5th
generation combat aircraft basing and for rotation of
forces at Naval Air Station El Centro or Marine Corps
Air Station Kaneohe Bay................................ 1299
Amendments to the National Historic Preservation Act..... 1299
Recognition of the National Museum of World War II
Aviation............................................... 1300
Battleship preservation grant program.................... 1300
Implementation of lesser prairie-chicken range-wide
conservation plan and other conservation measures...... 1300
Transfer of certain items of the Omar Bradley Foundation
to the descendants of General Omar Bradley............. 1300
Protection and recovery of Greater Sage Grouse........... 1300
Removal of endangered species status for American burying
beetle................................................. 1301
Report on documentation for acquisition of certain
properties along Columbia River, Washington, by Corps
of Engineers........................................... 1301
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 1301
Authorized Navy construction and land acquisition
projects (sec. 2901)................................... 1301
Authorized Air Force construction and land acquisition
projects (sec. 2902)................................... 1301
Authorization of appropriations (sec. 2903).............. 1302
TITLE XXX--UTAH TEST AND TRAINING RANGE AND RELATED MATTERS...... 1302
Subtitle A--Authorization for Temporary Closure of Certain
Public Land Adjacent to the Utah Test and Training Range... 1302
Definitions (sec. 3001).................................. 1302
Memorandum of agreement (sec. 3002)...................... 1302
Temporary closures (sec. 3003)........................... 1302
Liability (sec. 3004).................................... 1302
Community resource advisory group (sec. 3005)............ 1303
Savings clauses (sec. 3006).............................. 1303
Subtitle B--Bureau of Land Management Land Exchange with
State of Utah.............................................. 1303
Definitions (sec. 3011).................................. 1303
Exchange of Federal land and non-Federal land (sec. 3012) 1303
Status and management of non-Federal land acquired by the
United States (sec. 3013).............................. 1303
Hazardous substances (sec. 3014)......................... 1304
Legislative Provisions Not Adopted........................... 1304
Short title.............................................. 1304
Findings and purpose..................................... 1304
Recognition and transfer of certain highway rights-of-way 1304
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1304
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 1304
Subtitle A--National Security Programs Authorizations........ 1304
National Nuclear Security Administration (sec. 3101)..... 1304
Defense environmental cleanup (sec. 3102)................ 1306
Other defense activities (sec. 3103)..................... 1306
Nuclear energy (sec. 3104)............................... 1306
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 1306
Independent acquisition project reviews of capital assets
acquisition projects (sec. 3111)....................... 1306
Protection of certain nuclear facilities and assets from
unmanned aircraft (sec. 3112).......................... 1306
Common financial reporting system for the nuclear
security enterprise (sec. 3113)........................ 1307
Rough estimate of total life cycle cost of tank waste
cleanup at Hanford Nuclear Reservation (sec. 3114)..... 1307
Annual certification of shipments to Waste Isolation
Pilot Plant (sec. 3115)................................ 1307
Disposition of weapons-usable plutonium (sec. 3116)...... 1308
Design basis threat (sec. 3117).......................... 1308
Industry best practices in operations at National Nuclear
Security Administration facilities and sites (sec.
3118).................................................. 1308
Pilot program on unavailability for overhead costs of
amounts specified for laboratory-directed research and
development (sec. 3119)................................ 1309
Research and development of advanced naval nuclear fuel
system based on low-enriched uranium (sec. 3120)....... 1309
Increase in certain limitations applicable to funds for
conceptual and construction design of the Department of
Energy (sec. 3121)..................................... 1309
Prohibition on availability of funds for programs in
Russian Federation (sec. 3122)......................... 1309
Limitation on availability of funds for Federal salaries
and expenses (sec. 3123)............................... 1309
Limitation on availability of funds for defense
environmental cleanup program direction (sec. 3124).... 1310
Limitation on availability of funds for acceleration of
nuclear weapons dismantlement (sec. 3125).............. 1310
Subtitle C--Plans and Reports................................ 1310
Independent assessment of technology development under
defense environmental cleanup program (sec. 3131)...... 1310
Updated plan for verification and monitoring of
proliferation of nuclear weapons and fissile material
(sec. 3132)............................................ 1311
Report on the use of highly-enriched uranium for naval
reactors (sec. 3133)................................... 1311
Analysis of approaches for supplemental treatment of low-
activity waste at Hanford Nuclear Reservation (sec.
3134).................................................. 1311
Clarification of annual report and certification on
status of security of atomic energy defense facilities
(sec. 3135)............................................ 1312
Report on service support contracts and authority for
appointment of certain personnel (sec. 3136)........... 1312
Elimination of certain reporting requirements (sec. 3137) 1312
Report on United States nuclear deterrence (sec. 3138)... 1313
Legislative Provisions Not Adopted........................... 1313
Analyses of options for disposal of high-level
radioactive waste...................................... 1313
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 1313
Authorization (sec. 3201)................................ 1313
TITLE XXXIII--FEDERAL AVIATION ADMINISTRATION THIRD CLASS MEDICAL
REFORM AND GENERAL AVIATION PILOT PROTECTIONS.................. 1313
Legislative Provisions Not Adopted........................... 1313
Pilot's Bill of Rights 2................................. 1313
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 1314
Authorization of appropriations (sec. 3401).............. 1314
TITLE XXXV--MARITIME MATTERS..................................... 1314
Subtitle A--Maritime Administration, Coast Guard, and
Shipping Matters........................................... 1314
Authorization of the Maritime Administration (sec. 3501). 1314
Authority to extend certain age restrictions relating to
vessels in the Maritime Security Fleet (sec. 3502)..... 1314
Corrections to provisions enacted by Coast Guard
Authorization Acts (sec. 3503)......................... 1314
Status of National Defense Reserve Fleet vessels (sec.
3504).................................................. 1314
NDRF National Security Multi-Mission Vessel (sec. 3505).. 1315
Superintendent of United States Merchant Marine Academy
(sec. 3506)............................................ 1315
Use of National Defense Reserve Fleet scrapping proceeds
(sec. 3507)............................................ 1316
Floating dry docks (sec. 3508)........................... 1316
Transportation worker identification credentials for
individuals undergoing separation, discharge, or
release from the Armed Forces (sec. 3509).............. 1316
Actions to address sexual harassment and sexual assault
at the United States Merchant Marine Academy (sec.
3510).................................................. 1317
Sexual assault response coordinators and sexual assault
victim advocates (sec. 3511)........................... 1317
Report from the Department of Transportation Inspector
General (sec. 3512).................................... 1317
Sexual assault prevention and response working group
(sec. 3513)............................................ 1318
Sea Year compliance (sec. 3514).......................... 1318
State maritime academy physical standards and reporting
(sec. 3515)............................................ 1318
Appointments (sec. 3516)................................. 1318
Maritime workforce working group (sec. 3517)............. 1319
Maritime extreme weather task force (sec. 3518).......... 1319
Workforce plans and onboarding policies (sec. 3519)...... 1319
Drug and alcohol policy (sec. 3520)...................... 1319
Vessel transfers (sec. 3521)............................. 1320
Clarifying amendment; continuation boards (sec. 3522).... 1320
Polar icebreaker recapitalization plan (sec. 3523)....... 1320
GAO report on icebreaking capability in the United States
(sec. 3524)............................................ 1320
Subtitle B--Pribilof Islands Transition Completion........... 1320
Pribilof Islands Transition Completion (secs. 3531-3533). 1320
Subtitle C--Sexual Harassment and Assault Prevention at the
National Oceanic and Atmospheric Administration............ 1321
Actions to address sexual harassment at National Oceanic
and Atmospheric Administration (sec. 3541)............. 1321
Actions to address sexual assault at National Oceanic and
Atmospheric Administration (sec. 3542)................. 1321
Rights of the victim of a sexual assault (sec. 3543)..... 1321
Change of station (sec. 3544)............................ 1321
Applicability of policies to crews of vessels secured by
National Oceanic and Atmospheric Administration under
contract (sec. 3545)................................... 1322
Annual report on sexual assaults in the National Oceanic
and Atmospheric Administration (sec. 3546)............. 1322
Sexual assault defined (sec. 3547)....................... 1322
Legislative Provisions Not Adopted........................... 1322
Short title.............................................. 1322
Maritime Administration authorization request............ 1322
Port infrastructure development.......................... 1322
High-speed craft classification services................. 1323
Short title.............................................. 1323
Definitions.............................................. 1323
Short title.............................................. 1323
Reauthorization of Hydrographic Services Improvement Act
of 1998................................................ 1323
Maritime Administration.................................. 1323
Authority to make pro rata annual payments under
operating agreements for vessels participating in
Maritime Security Fleet................................ 1324
Application of law....................................... 1324
Commissioned officer corps of the National Oceanic and
Atmospheric Administration............................. 1324
Ballast water............................................ 1324
DIVISION D--FUNDING TABLES....................................... 1324
Authorization of amounts in funding tables (sec. 4001)... 1324
Summary of National Defense Authorizations for Fiscal
Year 2017.............................................. 1325
National Defense Budget Authority Implication............ 1331
TITLE XLI--PROCUREMENT........................................... 1334
Procurement (sec. 4101).................................. 1334
Procurement for overseas contingency operations (sec.
4102).................................................. 1369
Procurement for overseas contingency operations for base
requirements (sec. 4103)............................... 1379
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 1387
Research, development, test, and evaluation (sec. 4201).. 1387
Research, development, test, and evaluation for overseas
contingency operations (sec. 4202)..................... 1425
Research, development, test, and evaluation for overseas
contingency operations for base requirements (sec.
4203).................................................. 1427
TITLE XLIII--OPERATION AND MAINTENANCE........................... 1429
Operation and maintenance (sec. 4301).................... 1429
Operation and maintenance for overseas contingency
operations (sec. 4302)................................. 1451
Operation and maintenance for overseas contingency
operations for base requirements (sec. 4303)........... 1464
TITLE XLIV--MILITARY PERSONNEL................................... 1473
Military personnel (sec. 4401)........................... 1473
Military personnel for overseas contingency operations
(sec. 4402)............................................ 1474
Military personnel for overseas contingency operations
for base requirements (sec. 4403)...................... 1474
TITLE XLV--OTHER AUTHORIZATIONS.................................. 1475
Other authorizations (sec. 4501)......................... 1475
Other authorizations for overseas contingency operations
(sec. 4502)............................................ 1479
Other authorizations for overseas contingency operations
for base requirements (sec. 4503)...................... 1481
TITLE XLVI--MILITARY CONSTRUCTION................................ 1481
Military construction (sec. 4601)........................ 1481
Military construction for overseas contingency operations
(sec. 4602)............................................ 1495
Military construction for overseas contingency operations
for base requirements (sec. 4603)...................... 1497
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 1497
Department of Energy national security programs (sec.
4701).................................................. 1497
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM.............. 1510
Short title (sec. 5001).................................. 1510
TITLE LI--GENERAL PROVISIONS..................................... 1510
Definitions (sec. 5101).................................. 1510
Clarification of persons subject to UCMJ while on
inactive-duty training (sec. 5102)..................... 1510
Staff judge advocate disqualification due to prior
involvement in case (sec. 5103)........................ 1510
Conforming amendment relating to military magistrates
(sec. 5104)............................................ 1511
Rights of victim (sec. 5105)............................. 1511
TITLE LII--APPREHENSION AND RESTRAINT............................ 1511
Restraint of persons charged (sec. 5121)................. 1511
Modification of prohibition of confinement of members of
the Armed Forces with enemy prisoners and certain
others (sec. 5122)..................................... 1512
TITLE LIII--NON-JUDICIAL PUNISHMENT.............................. 1512
Modification of confinement as non-judicial punishment
(sec. 5141)............................................ 1512
TITLE LIV--COURT-MARTIAL JURISDICTION............................ 1512
Courts-martial classified (sec. 5161).................... 1512
Jurisdiction of general courts-martial (sec. 5162)....... 1512
Jurisdiction of special courts-martial (sec. 5163)....... 1513
Summary court-martial as non-criminal forum (sec. 5164).. 1513
TITLE LV--COMPOSITION OF COURTS-MARTIAL.......................... 1513
Technical amendment relating to persons authorized to
convene general courts-martial (sec. 5181)............. 1513
Who may serve on courts-martial and related matters (sec.
5182).................................................. 1513
Number of court-martial members in capital cases (sec.
5183).................................................. 1514
Detailing, qualifications, and other matters relating to
military judges (sec. 5184)............................ 1514
Military magistrates (sec. 5185)......................... 1514
Qualifications of trial counsel and defense counsel (sec.
5186).................................................. 1515
Assembly and impaneling of members and related matters
(sec. 5187)............................................ 1515
TITLE LVI--PRE-TRIAL PROCEDURE................................... 1515
Charges and specifications (sec. 5201)................... 1515
Certain proceedings conducted before referral (sec. 5202) 1516
Preliminary hearing required before referral to general
court-martial (sec. 5203).............................. 1516
Disposition guidance (sec. 5204)......................... 1516
Advice to convening authority before referral for trial
(sec. 5205)............................................ 1517
Service of charges and commencement of trial (sec. 5206). 1517
TITLE LVII--TRIAL PROCEDURE...................................... 1517
Duties of assistant defense counsel (sec. 5221).......... 1517
Sessions (sec. 5222)..................................... 1517
Technical amendment relating to continuances (sec. 5223). 1518
Conforming amendments relating to challenges (sec. 5224). 1518
Statute of limitations (sec. 5225)....................... 1518
Former jeopardy (sec. 5226).............................. 1518
Pleas of the accused (sec. 5227)......................... 1519
Subpoena and other process (sec. 5228)................... 1519
Refusal of person not subject to UCMJ to appear, testify,
or produce evidence (sec. 5229)........................ 1519
Contempt (sec. 5230)..................................... 1519
Depositions (sec. 5231).................................. 1520
Admissibility of sworn testimony by audiotape or
videotape from records of courts of inquiry (sec. 5232) 1520
Conforming amendment relating to defense of lack of
mental responsibility (sec. 5233)...................... 1520
Voting and rulings (sec. 5234)........................... 1521
Votes required for conviction, sentencing, and other
matters (sec. 5235).................................... 1521
Findings and sentencing (sec. 5236)...................... 1521
Plea agreements (sec. 5237).............................. 1521
Record of trial (sec. 5238).............................. 1522
TITLE LVIII--SENTENCES........................................... 1522
Sentencing (sec. 5301)................................... 1522
Effective date of sentences (sec. 5302).................. 1523
Sentence of reduction in enlisted grade (sec. 5303)...... 1523
TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL..... 1523
Post-trial processing in general and special courts-
martial (sec. 5321).................................... 1523
Limited authority to act on sentence in specified post-
trial circumstances (sec. 5322)........................ 1523
Post-trial actions in summary courts-martial and certain
general and special courts-martial (sec. 5323)......... 1525
Entry of judgment (sec. 5324)............................ 1525
Waiver of right to appeal and withdrawal of appeal (sec.
5325).................................................. 1525
Appeal by the United States (sec. 5326).................. 1526
Rehearings (sec. 5327)................................... 1526
Judge advocate review of finding of guilty in summary
court-martial (sec. 5328).............................. 1526
Transmittal and review of records (sec. 5329)............ 1526
Courts of Criminal Appeals (sec. 5330)................... 1527
Review by Court of Appeals for the Armed Forces (sec.
5331).................................................. 1527
Supreme Court review (sec. 5332)......................... 1527
Review by Judge Advocate General (sec. 5333)............. 1528
Appellate defense counsel in death penalty cases (sec.
5334).................................................. 1528
Authority for hearing on vacation of suspension of
sentence to be conducted by qualified judge advocate
(sec. 5335)............................................ 1528
Extension of time for petition for new trial (sec. 5336). 1528
Restoration (sec. 5337).................................. 1528
Leave requirements pending review of certain court-
martial convictions (sec. 5338)........................ 1529
TITLE LX--PUNITIVE ARTICLES...................................... 1529
Reorganization of punitive articles (sec. 5401).......... 1529
Conviction of offense charged, lesser included offenses,
and attempts (sec. 5402)............................... 1529
Soliciting commission of offenses (sec. 5403)............ 1529
Malingering (sec. 5404).................................. 1530
Breach of medical quarantine (sec. 5405)................. 1530
Missing movement; jumping from vessel (sec. 5406)........ 1530
Offenses against correctional custody and restriction
(sec. 5407)............................................ 1530
Disrespect toward superior commissioned officer; assault
of superior commissioned officer (sec. 5408)........... 1530
Willfully disobeying superior commissioned officer (sec.
5409).................................................. 1530
Prohibited activities with military recruit or trainee by
person in position of special trust (sec. 5410)........ 1531
Offenses by sentinel or lookout (sec. 5411).............. 1531
Disrespect toward sentinel or lookout (sec. 5412)........ 1531
Release of prisoner without authority; drinking with
prisoner (sec. 5413)................................... 1531
Penalty for acting as a spy (sec. 5414).................. 1532
Public records offenses (sec. 5415)...................... 1532
False or unauthorized pass offenses (sec. 5416).......... 1532
Impersonation offenses (sec. 5417)....................... 1532
Insignia offenses (sec. 5418)............................ 1532
False official statements; false swearing (sec. 5419).... 1533
Parole violation (sec. 5420)............................. 1533
Wrongful taking, opening, etc. of mail matter (sec. 5421) 1533
Improper hazarding of vessel or aircraft (sec. 5422)..... 1533
Leaving scene of vehicle accident (sec. 5423)............ 1533
Drunkenness and other incapacitation offenses (sec. 5424) 1534
Lower blood alcohol content limits for conviction of
drunken or reckless operation of vehicle, aircraft, or
vessel (sec. 5425)..................................... 1534
Endangerment offenses (sec. 5426)........................ 1534
Communicating threats (sec. 5427)........................ 1534
Technical amendment relating to murder (sec. 5428)....... 1534
Child endangerment (sec. 5429)........................... 1535
Rape and sexual assault offenses (sec. 5430)............. 1535
Deposit of obscene matter in the mail (sec. 5431)........ 1535
Fraudulent use of credit cards, debit cards, and other
access devices (sec. 5432)............................. 1535
False pretenses to obtain services (sec. 5433)........... 1535
Robbery (sec. 5434)...................................... 1536
Receiving stolen property (sec. 5435).................... 1536
Offenses concerning Government computers (sec. 5436)..... 1536
Bribery (sec. 5437)...................................... 1536
Graft (sec. 5438)........................................ 1536
Kidnapping (sec. 5439)................................... 1537
Arson; burning property with intent to defraud (sec.
5440).................................................. 1537
Assault (sec. 5441)...................................... 1537
Burglary and unlawful entry (sec. 5442).................. 1537
Stalking (sec. 5443)..................................... 1537
Subornation of perjury (sec. 5444)....................... 1538
Obstructing justice (sec. 5445).......................... 1538
Misprision of serious offense (sec. 5446)................ 1538
Wrongful refusal to testify (sec. 5447).................. 1538
Prevention of authorized seizure of property (sec. 5448). 1538
Wrongful interference with adverse administrative
proceeding (sec. 5449)................................. 1539
Retaliation (sec. 5450).................................. 1539
Extraterritorial application of certain offenses (sec.
5451).................................................. 1539
Table of sections (sec. 5452)............................ 1539
TITLE LXI--MISCELLANEOUS PROVISIONS.............................. 1540
Technical amendments relating to courts of inquiry (sec.
5501).................................................. 1540
Technical amendment to Article 136 (sec. 5502)........... 1540
Articles of Uniform Code of Military Justice to be
explained to officers upon commissioning (sec. 5503)... 1540
Military justice case management; data collection and
accessibility (sec. 5504).............................. 1540
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS..... 1541
Military Justice Review Panel (sec. 5521)................ 1541
Annual reports (sec. 5522)............................... 1541
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES........... 1542
Amendments to UCMJ subchapter tables of sections (sec.
5541).................................................. 1542
Effective dates (sec. 5542).............................. 1542
Legislative Provisions Not Adopted........................... 1542
Repeal of sentence reduction provision when interim
guidance takes effect.................................. 1542
Minimum confinement period required for conviction of
certain sex-related offenses committed by members of
the Armed Forces....................................... 1542
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-840
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
_______
November 30, 2016.--Ordered to be printed
_______
Mr. Thornberry, from the Committee of Conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 2943]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
2943), 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
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--Uniform Code of Military Justice
Reform.
(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. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
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. Distributed Common Ground System-Army increment 1.
Sec. 114. Assessment of certain capabilities of the Department of the
Army.
Subtitle C--Navy Programs
Sec. 121. Determination of vessel delivery dates.
Sec. 122. Incremental funding for detail design and construction of LHA
replacement ship designated LHA 8.
Sec. 123. Littoral Combat Ship.
Sec. 124. Limitation on use of sole-source shipbuilding contracts for
certain vessels.
Sec. 125. Limitation on availability of funds for the Advanced Arresting
Gear Program.
Sec. 126. Limitation on availability of funds for procurement of U.S.S.
Enterprise (CVN-80).
Sec. 127. Sense of Congress on aircraft carrier procurement schedules.
Sec. 128. Report on P-8 Poseidon aircraft.
Sec. 129. Design and construction of replacement dock landing ship
designated LX(R) or amphibious transport dock designated LPD-
29.
Subtitle D--Air Force Programs
Sec. 131. EC-130H Compass Call recapitalization program.
Sec. 132. Repeal of requirement to preserve certain retired C-5
aircraft.
Sec. 133. Repeal of requirement to preserve F-117 aircraft in recallable
condition.
Sec. 134. Prohibition on availability of funds for retirement of A-10
aircraft.
Sec. 135. Limitation on availability of funds for destruction of A-10
aircraft in storage status.
Sec. 136. Prohibition on availability of funds for retirement of Joint
Surveillance Target Attack Radar System aircraft.
Sec. 137. Elimination of annual report on aircraft inventory.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Standardization of 5.56mm rifle ammunition.
Sec. 142. Fire suppressant and fuel containment standards for certain
vehicles.
Sec. 143. Limitation on availability of funds for destruction of certain
cluster munitions.
Sec. 144. Report on Department of Defense munitions strategy for the
combatant commands.
Sec. 145. Modifications to reporting on use of combat mission
requirements funds.
Sec. 146. Report on alternative management structures for the F-35 joint
strike fighter program.
Sec. 147. Comptroller General review of F-35 Lightning II aircraft
sustainment support.
Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle.
Sec. 149. Study and report on optimal mix of aircraft capabilities for
the Armed Forces.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Laboratory quality enhancement program.
Sec. 212. Modification of mechanisms to provide funds for defense
laboratories for research and development of technologies for
military missions.
Sec. 213. Making permanent authority for defense research and
development rapid innovation program.
Sec. 214. Authorization for National Defense University and Defense
Acquisition University to enter into cooperative research and
development agreements.
Sec. 215. Manufacturing Engineering Education Grant Program.
Sec. 216. Notification requirement for certain rapid prototyping,
experimentation, and demonstration activities.
Sec. 217. Increased micro-purchase threshold for research programs and
entities.
Sec. 218. Improved biosafety for handling of select agents and toxins.
Sec. 219. Designation of Department of Defense senior official with
principal responsibility for directed energy weapons.
Sec. 220. Restructuring of the distributed common ground system of the
Army.
Sec. 221. Limitation on availability of funds for the countering weapons
of mass destruction system Constellation.
Sec. 222. Limitation on availability of funds for Defense Innovation
Unit Experimental.
Sec. 223. Limitation on availability of funds for Joint Surveillance
Target Attack Radar System (JSTARS) recapitalization program.
Sec. 224. Acquisition program baseline and annual reports on follow-on
modernization program for F-35 Joint Strike Fighter.
Subtitle C--Reports and Other Matters
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 research,
development, test, and evaluation centers of the Department of
Defense.
Sec. 234. Pilot program on modernization and fielding of electromagnetic
spectrum warfare systems and electronic warfare capabilities.
Sec. 235. Pilot program on disclosure of certain sensitive information
to federal========================================================
___________________________________________________
Sec. 236. Pilot program on enhanced interaction between the Defense
Advanced Research Projects Agency and the service academies.
Sec. 237. Independent review of F/A-18 physiological episodes and
corrective actions.
Sec. 238. B-21 bomber development program accountability matrices.
Sec. 239. Study on helicopter crash prevention and mitigation
technology.
Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum
Warfare Capabilities.
Sec. 241. Sense of Congress on development and fielding of fifth
generation airborne systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Modified reporting requirement related to installations energy
management.
Sec. 312. Waiver authority for alternative fuel procurement requirement.
Sec. 313. Utility data management for military facilities.
Sec. 314. Alternative technologies for munitions disposal.
Sec. 315. Report on efforts to reduce high energy costs at military
installations.
Sec. 316. Sense of Congress on funding decisions relating to climate
change.
Subtitle C--Logistics and Sustainment
Sec. 321. Revision of deployability rating system and planning reform.
Sec. 322. Revision of guidance relating to corrosion control and
prevention executives.
Sec. 323. Pilot program for inclusion of certain industrial plants in
the Armament Retooling and Manufacturing Support Initiative.
Sec. 324. Repair, recapitalization, and certification of dry docks at
naval shipyards.
Sec. 325. Private sector port loading assessment.
Sec. 326. Strategy on revitalizing Army organic industrial base.
Subtitle D--Reports
Sec. 331. Modifications to Quarterly Readiness Report to Congress.
Sec. 332. Report on average travel costs of members of the reserve
components.
Sec. 333. Report on HH-60G sustainment and Combat Rescue Helicopter
program.
Subtitle E--Other Matters
Sec. 341. Air navigation matters.
Sec. 342. Contract working dogs.
Sec. 343. Plan, funding documents, and management review relating to
explosive ordnance disposal.
Sec. 344. Process for communicating availability of surplus ammunition.
Sec. 345. Mitigation of risks posed by window coverings with accessible
cords in certain military housing units.
Sec. 346. Access to military installations by transportation companies.
Sec. 347. Access to wireless high-speed Internet and network connections
for certain members of the Armed Forces.
Sec. 348. Limitation on availability of funds for Office of the Under
Secretary of Defense for Intelligence.
Sec. 349. Limitation on development and fielding of new camouflage and
utility uniforms.
Sec. 350. Plan for improved dedicated adversary air training enterprise
of the Air Force.
Sec. 351. Independent review and assessment of the Ready Aircrew Program
of the Air Force.
Sec. 352. Study on space-available travel system of the Department of
Defense.
Sec. 353. Evaluation of motor carrier safety performance and safety
technology.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
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. Technical corrections to annual authorization for personnel
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Reduction in number of general and flag officers on active
duty and authorized strength after December 31, 2022, of such
general and flag officers.
Sec. 502. Repeal of statutory specification of general or flag officer
grade for various positions in the Armed Forces.
Sec. 503. Number of Marine Corps general officers.
Sec. 504. Promotion eligibility period for officers whose confirmation
of appointment is delayed due to nonavailability to the Senate
of probative information under control of non-Department of
Defense agencies.
Sec. 505. Continuation of certain officers on active duty without regard
to requirement for retirement for years of service.
Sec. 506. Equal consideration of officers for early retirement or
discharge.
Sec. 507. Modification of authority to drop from rolls a commissioned
officer.
Sec. 508. Extension of force management authorities allowing enhanced
flexibility for officer personnel management.
Sec. 509. Pilot programs on direct commissions to cyber positions.
Sec. 510. Length of joint duty assignments.
Sec. 510A. Revision of definitions used for joint officer management.
Subtitle B--Reserve Component Management
Sec. 511. Authority for temporary waiver of limitation on term of
service of Vice Chief of the National Guard Bureau.
Sec. 512. Rights and protections available to military technicians.
Sec. 513. Inapplicability of certain laws to National Guard technicians
performing active Guard and Reserve duty.
Sec. 514. Extension of removal of restrictions on the transfer of
officers between the active and inactive National Guard.
Sec. 515. Extension of temporary authority to use Air Force reserve
component personnel to provide training and instruction
regarding pilot training.
Sec. 516. Expansion of eligibility for deputy commander of combatant
command having United States among geographic area of
responsibility to include officers of the Reserves.
Subtitle C--General Service Authorities
Sec. 521. Matters relating to provision of leave for members of the
Armed Forces, including prohibition on leave not expressly
authorized by law.
Sec. 522. Transfer of provision relating to expenses incurred in
connection with leave canceled due to contingency operations.
Sec. 523. Expansion of authority to execute certain military
instruments.
Sec. 524. Medical examination before administrative separation for
members with post-traumatic stress disorder or traumatic brain
injury in connection with sexual assault.
Sec. 525. Reduction of tenure on the temporary disability retired list.
Sec. 526. Technical correction to voluntary separation pay and benefits.
Sec. 527. Consolidation of Army marketing and pilot program on
consolidated Army recruiting.
Subtitle D--Member Whistleblower Protections and Correction of Military
Records
Sec. 531. Improvements to whistleblower protection procedures.
Sec. 532. Modification of whistleblower protection authorities to
restrict contrary findings of prohibited personnel action by
the Secretary concerned.
Sec. 533. Availability of certain Correction of Military Records and
Discharge Review Board information through the Internet.
Sec. 534. Improvements to authorities and procedures for the correction
of military records.
Sec. 535. Treatment by discharge review boards of claims asserting post-
traumatic stress disorder or traumatic brain injury in
connection with combat or sexual trauma as a basis for review
of discharge.
Sec. 536. Comptroller General of the United States review of integrity
of Department of Defense whistleblower program.
Subtitle E--Military Justice and Legal Assistance Matters
Sec. 541. United States Court of Appeals for the Armed Forces.
Sec. 542. Effective prosecution and defense in courts-martial and pilot
programs on professional military justice development for
judge advocates.
Sec. 543. Inclusion in annual reports on sexual assault prevention and
response efforts of the Armed Forces of information on
complaints of retaliation in connection with reports of sexual
assault in the Armed Forces.
Sec. 544. Extension of the requirement for annual report regarding
sexual assaults and coordination with release of Family
Advocacy Program report.
Sec. 545. Metrics for evaluating the efforts of the Armed Forces to
prevent and respond to retaliation in connection with reports
of sexual assault in the Armed Forces.
Sec. 546. Training for Department of Defense personnel who investigate
claims of retaliation.
Sec. 547. Notification to complainants of resolution of investigations
into retaliation.
Sec. 548. Modification of definition of sexual harassment for purposes
of investigations by commanding officers of complaints of
harassment.
Sec. 549. Improved Department of Defense prevention of and response to
hazing in the Armed Forces.
Subtitle F--National Commission on Military, National, and Public
Service
Sec. 551. Purpose, scope, and definitions.
Sec. 552. Preliminary report on purpose and utility of registration
system under Military Selective Service Act.
Sec. 553. National Commission on Military, National, and Public Service.
Sec. 554. Commission hearings and meetings.
Sec. 555. Principles and procedure for Commission recommendations.
Sec. 556. Executive Director and staff.
Sec. 557. Termination of Commission.
Subtitle G--Member Education, Training, Resilience, and Transition
Sec. 561. Modification of program to assist members of the Armed Forces
in obtaining professional credentials.
Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other
substance abuse counseling as part of required preseparation
counseling.
Sec. 563. Inclusion of information in Transition Assistance Program
regarding effect of receipt of both veteran disability
compensation and voluntary separation pay.
Sec. 564. Training under Transition Assistance Program on career and
employment opportunities associated with transportation
security cards.
Sec. 565. Extension of suicide prevention and resilience program.
Sec. 566. Congressional notification in advance of appointments to
service academies.
Sec. 567. Report and guidance on Job Training, Employment Skills
Training, Apprenticeships, and Internships and SkillBridge
initiatives for members of the Armed Forces who are being
separated.
Sec. 568. Military-to-mariner transition.
Subtitle H--Defense Dependents' Education and Military Family Readiness
Matters
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. One-year extension of authorities relating to the transition
and support of military dependent students to local
educational agencies.
Sec. 573. Annual notice to members of the Armed Forces regarding child
custody protections guaranteed by the Servicemembers Civil
Relief Act.
Sec. 574. Requirement for annual Family Advocacy Program report
regarding child abuse and domestic violence.
Sec. 575. Reporting on allegations of child abuse in military families
and homes.
Sec. 576. Repeal of Advisory Council on Dependents' Education.
Sec. 577. Support for programs providing camp experience for children of
military families.
Sec. 578. Comptroller General of the United States assessment and report
on Exceptional Family Member Programs.
Sec. 579. Impact aid amendments.
Subtitle I--Decorations and Awards
Sec. 581. Posthumous advancement of Colonel George E. ``Bud'' Day,
United States Air Force, on the retired list.
Sec. 582. Authorization for award of medals for acts of valor during
certain contingency operations.
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose
and James C. McCloughan for acts of valor during the Vietnam
War.
Sec. 584. Authorization for award of Distinguished-Service Cross to
First Lieutenant Melvin M. Spruiell for acts of valor during
World War II.
Sec. 585. Authorization for award of the Distinguished Service Cross to
Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of
valor during World War II.
Sec. 586. Review regarding award of Medal of Honor to certain Asian
American and Native American Pacific Islander war veterans.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Repeal of requirement for a chaplain at the United States Air
Force Academy appointed by the President.
Sec. 592. Extension of limitation on reduction in number of military and
civilian personnel assigned to duty with service review
agencies.
Sec. 593. Annual reports on progress of the Army and the Marine Corps in
integrating women into military occupational specialities and
units recently opened to women.
Sec. 594. Report on feasability of electronic tracking of operational
active-duty service performed by members of the Ready Reserve
of the Armed Forces.
Sec. 595. Report on discharge by warrant officers of pilot and other
flight officer positions in the Navy, Marine Corps, and Air
Force currently discharged by commissioned officers.
Sec. 596. Body mass index test.
Sec. 597. Report on career progression tracks of the Armed Forces for
women in combat arms units.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2017 increase in military basic pay.
Sec. 602. Publication by Department of Defense of actual rates of basic
pay payable to members of the Armed Forces by pay grade for
annual or other pay periods.
Sec. 603. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 604. Reports on a new single-salary pay system for members of the
Armed Forces.
Subtitle B--Bonuses and Special and Incentive Pays
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. Aviation incentive pay and bonus matters.
Sec. 617. Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities.
Sec. 618. Technical amendments relating to 2008 consolidation of certain
special pay authorities.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Maximum reimbursement amount for travel expenses of members of
the Reserves attending inactive duty training outside of
normal commuting distances.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
Part I--Amendments in Connection With Retired Pay Reform
Sec. 631. Election period for members in the service academies and
inactive Reserves to participate in the modernized retirement
system.
Sec. 632. Effect of separation of members from the uniformed services on
participation in the Thrift Savings Plan.
Sec. 633. Continuation pay for full Thrift Savings Plan members who have
completed 8 to 12 years of service.
Sec. 634. Combat-related special compensation coordinating amendment.
Part II--Other Matters
Sec. 641. Use of member's current pay grade and years of service and
retired pay cost-of-living adjustments, rather than final
retirement pay grade and years of service, in a division of
property involving disposable retired pay.
Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of
reserve component members who die in the line of duty during
inactive-duty training.
Sec. 643. Authority to deduct Survivor Benefit Plan premiums from
combat-related special compensation when retired pay not
sufficient.
Sec. 644. Extension of allowance covering monthly premium for
Servicemembers' Group Life Insurance while in certain overseas
areas to cover members in any combat zone or overseas direct
support area.
Sec. 645. Authority for payment of pay and allowances and retired and
retainer pay pursuant to power of attorney.
Sec. 646. Extension of authority to pay special survivor indemnity
allowance under the Survivor Benefit Plan.
Sec. 647. Repeal of obsolete authority for combat-related injury
rehabilitation pay.
Sec. 648. Independent assessment of the Survivor Benefit Plan.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 661. Protection and enhancement of access to and savings at
commissaries and exchanges.
Sec. 662. Acceptance of Military Star Card at commissaries.
Subtitle F--Other Matters
Sec. 671. Recovery of amounts owed to the United States by members of
the uniformed services.
Sec. 672. Modification of flat rate per diem requirement for personnel
on long-term temporary duty assignments.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Reform of TRICARE and Military Health System
Sec. 701. TRICARE Select 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 and primary care under TRICARE program.
Sec. 705. Value-based purchasing and acquisition of managed care support
contracts for TRICARE program.
Sec. 706. Establishment of high performance military-civilian integrated
health delivery systems.
Sec. 707. Joint Trauma System.
Sec. 708. Joint Trauma Education and Training Directorate.
Sec. 709. Standardized system for scheduling medical appointments at
military treatment facilities.
Subtitle B--Other Health Care Benefits
Sec. 711. Extended TRICARE program coverage for certain members of the
National Guard and dependents during certain disaster response
duty.
Sec. 712. Continuity of health care coverage for Reserve Components.
Sec. 713. Provision of hearing aids to dependents of retired members.
Sec. 714. Coverage of medically necessary food and vitamins for certain
conditions under the TRICARE program.
Sec. 715. Eligibility of certain beneficiaries under the TRICARE program
for participation in the Federal Employees Dental and Vision
Insurance Program.
Sec. 716. Applied behavior analysis.
Sec. 717. Evaluation and treatment of veterans and civilians at military
treatment facilities.
Sec. 718. Enhancement of use of telehealth services in military health
system.
Sec. 719. Authorization of reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Subtitle C--Health Care Administration
Sec. 721. Authority to convert military medical and dental positions to
civilian medical and dental positions.
Sec. 722. Prospective payment of funds necessary to provide medical care
for the Coast Guard.
Sec. 723. Reduction of administrative requirements relating to automatic
renewal of enrollments in TRICARE Prime.
Sec. 724. Modification of authority of Uniformed Services University of
the Health Sciences to include undergraduate and other medical
education and training programs.
Sec. 725. Adjustment of medical services, personnel authorized
strengths, and infrastructure in military health system to
maintain readiness and core competencies of health care
providers.
Sec. 726. Program to eliminate variability in health outcomes and
improve quality of health care services delivered in military
medical treatment facilities.
Sec. 727. Acquisition strategy for health care professional staffing
services.
Sec. 728. Adoption of core quality performance metrics.
Sec. 729. Improvement of health outcomes and control of costs of health
care under TRICARE program through programs to involve covered
beneficiaries.
Sec. 730. Accountability for the performance of the military health
system of certain leaders within the system.
Sec. 731. Establishment of advisory committees for military treatment
facilities.
Subtitle D--Reports and Other Matters
Sec. 741. Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund and report on implementation of information technology
capabilities.
Sec. 742. Pilot program on expansion of use of physician assistants to
provide mental health care to members of the Armed Forces.
Sec. 743. Pilot program for prescription drug acquisition cost parity in
the TRICARE pharmacy benefits program.
Sec. 744. Pilot program on display of wait times at urgent care clinics
and pharmacies of military medical treatment facilities.
Sec. 745. Requirement to review and monitor prescribing practices at
military treatment facilities of pharmaceutical agents for
treatment of post-traumatic stress.
Sec. 746. Department of Defense study on preventing the diversion of
opioid medications.
Sec. 747. Incorporation into survey by Department of Defense of
questions on experiences of members of the Armed Forces with
family planning services and counseling.
Sec. 748. Assessment of transition to TRICARE program by families of
members of reserve components called to active duty and
elimination of certain charges for such families.
Sec. 749. Oversight of graduate medical education programs of military
departments.
Sec. 750. Study on health of helicopter and tiltrotor pilots.
Sec. 751. Comptroller General reports on health care delivery and waste
in military health system.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Rapid acquisition authority amendments.
Sec. 802. Authority for temporary service of Principal Military Deputies
to the Assistant Secretaries of the military departments for
acquisition as Acting Assistant Secretaries.
Sec. 803. Modernization of services acquisition.
Sec. 804. Defense Modernization Account amendments.
Subtitle B--Department of Defense Acquisition Agility
Sec. 805. Modular open system approach in development of major weapon
systems.
Sec. 806. Development, prototyping, and deployment of weapon system
components or technology.
Sec. 807. Cost, schedule, and performance of major defense acquisition
programs.
Sec. 808. Transparency in major defense acquisition programs.
Sec. 809. Amendments relating to technical data rights.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Modified restrictions on undefinitized contractual actions.
Sec. 812. Amendments relating to inventory and tracking of purchases of
services.
Sec. 813. Use of lowest price technically acceptable source selection
process.
Sec. 814. Procurement of personal protective equipment.
Sec. 815. Amendments related to detection and avoidance of counterfeit
electronic parts.
Sec. 816. Amendments to special emergency procurement authority.
Sec. 817. Compliance with domestic source requirements for footwear
furnished to enlisted members of the Armed Forces upon their
initial entry into the Armed Forces.
Sec. 818. Extension of authority for enhanced transfer of technology
developed at Department of Defense laboratories.
Sec. 819. Modified notification requirement for exercise of waiver
authority to acquire vital national security capabilities.
Sec. 820. Defense cost accounting standards.
Sec. 821. Increased micro-purchase threshold applicable to Department of
Defense procurements.
Sec. 822. Enhanced competition requirements.
Sec. 823. Revision to effective date of senior executive benchmark
compensation for allowable cost limitations.
Sec. 824. Treatment of independent research and development costs on
certain contracts.
Sec. 825. Exception to requirement to include cost or price to the
Government as a factor in the evaluation of proposals for
certain multiple-award task or delivery order contracts.
Sec. 826. Extension of program for comprehensive small business
contracting plans.
Sec. 827. Treatment of side-by-side testing of certain equipment,
munitions, and technologies manufactured and developed under
cooperative research and development agreements as use of
competitive procedures.
Sec. 828. Defense Acquisition Challenge Program amendments.
Sec. 829. Preference for fixed-price contracts.
Sec. 830. Requirement to use firm fixed-price contracts for foreign
military sales.
Sec. 831. Preference for performance-based contract payments.
Sec. 832. Contractor incentives to achieve savings and improve mission
performance.
Sec. 833. Sunset and repeal of certain contracting provisions.
Sec. 834. Flexibility in contracting award program.
Sec. 835. Protection of task order competition.
Sec. 836. Contract closeout authority.
Sec. 837. Closeout of old Department of the Navy contracts.
Subtitle D--Provisions Relating to Major Defense Acquisition Programs
Sec. 841. Change in date of submission to Congress of Selected
Acquisition Reports.
Sec. 842. Amendments relating to independent cost estimation and cost
analysis.
Sec. 843. Revisions to Milestone B determinations.
Sec. 844. Review and report on sustainment planning in the acquisition
process.
Sec. 845. Revision to distribution of annual report on operational test
and evaluation.
Sec. 846. Repeal of major automated information systems provisions.
Sec. 847. Revisions to definition of major defense acquisition program.
Sec. 848. Acquisition strategy.
Sec. 849. Improved life-cycle cost control.
Sec. 850. Authority to designate increments or blocks of items delivered
under major defense acquisition programs as major subprograms
for purposes of acquisition reporting.
Sec. 851. Reporting of small business participation on Department of
Defense programs.
Sec. 852. Waiver of congressional notification for acquisition of
tactical missiles and munitions greater than quantity
specified in law.
Sec. 853. Multiple program multiyear contract pilot demonstration
program.
Sec. 854. Key performance parameter reduction pilot program.
Sec. 855. Mission integration management.
Subtitle E--Provisions Relating to Acquisition Workforce
Sec. 861. Project management.
Sec. 862. Authority to waive tenure requirement for program managers for
program definition and program execution periods.
Sec. 863. Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used; advisory panel
amendments.
Sec. 864. Department of Defense Acquisition Workforce Development Fund
determination adjustment.
Sec. 865. Limitations on funds used for staff augmentation contracts at
management headquarters of the Department of Defense and the
military departments.
Sec. 866. Senior Military Acquisition Advisors in the Defense
Acquisition Corps.
Sec. 867. Authority of the Secretary of Defense under the acquisition
demonstration project.
Subtitle F--Provisions Relating to Commercial Items
Sec. 871. Market research for determination of price reasonableness in
acquisition of commercial items.
Sec. 872. Value analysis for the determination of price reasonableness.
Sec. 873. Clarification of requirements relating to commercial item
determinations.
Sec. 874. Inapplicability of certain laws and regulations to the
acquisition of commercial items and commercially available
off-the-shelf items.
Sec. 875. Use of commercial or non-Government standards in lieu of
military specifications and standards.
Sec. 876. Preference for commercial services.
Sec. 877. Treatment of commingled items purchased by contractors as
commercial items.
Sec. 878. Treatment of services provided by nontraditional contractors
as commercial items.
Sec. 879. Defense pilot program for authority to acquire innovative
commercial items, technologies, and services using general
solicitation competitive procedures.
Sec. 880. Pilot programs for authority to acquire innovative commercial
items using general solicitation competitive procedures.
Subtitle G--Industrial Base Matters
Sec. 881. Greater integration of the national technology and industrial
base.
Sec. 882. Integration of civil and military roles in attaining national
technology and industrial base objectives.
Sec. 883. Pilot program for distribution support and services for weapon
systems contractors.
Sec. 884. Nontraditional and small contractor innovation prototyping
program.
Subtitle H--Other Matters
Sec. 885. Report on bid protests.
Sec. 886. Review and report on indefinite delivery contracts.
Sec. 887. Review and report on contractual flow-down provisions.
Sec. 888. Requirement and review relating to use of brand names or
brand-name or equivalent descriptions in solicitations.
Sec. 889. Inclusion of information on common grounds for sustaining bid
protests in annual Government Accountability Office reports to
Congress.
Sec. 890. Study and report on contracts awarded to minority-owned and
women-owned businesses.
Sec. 891. Authority to provide reimbursable auditing services to certain
non-Defense Agencies.
Sec. 892. Selection of service providers for auditing services and audit
readiness services.
Sec. 893. Amendments to contractor business system requirements.
Sec. 894. Improved management practices to reduce cost and improve
performance of certain Department of Defense organizations.
Sec. 895. Exemption from requirement for capital planning and investment
control for information technology equipment included as
integral part of a weapon or weapon system.
Sec. 896. Modifications to pilot program for streamlining awards for
innovative technology projects.
Sec. 897. Rapid prototyping funds for the military departments.
Sec. 898. Establishment of Panel on Department of Defense and AbilityOne
Contracting Oversight, Accountability, and Integrity; Defense
Acquisition University training.
Sec. 899. Coast Guard major acquisition programs.
Sec. 899A. Enhanced authority to acquire products and services produced
in Africa in support of certain activities.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Responsibilities and reporting of the Chief Information
Officer of the Department of Defense.
Sec. 903. Maximum number of personnel in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 904. Repeal of Financial Management Modernization Executive
Committee.
Subtitle B--Organization and Management of the Department of Defense
Generally
Sec. 911. Organizational strategy for the Department of Defense.
Sec. 912. Policy, organization, and management goals and priorities of
the Secretary of Defense for the Department of Defense.
Sec. 913. Secretary of Defense delivery unit.
Sec. 914. Performance of civilian functions by military personnel.
Sec. 915. Repeal of requirements relating to efficiencies plan for the
civilian personnel workforce and service contractor workforce
of the Department of Defense.
Subtitle C--Joint Chiefs of Staff and Combatant Command Matters
Sec. 921. Joint Chiefs of Staff and related combatant command matters.
Sec. 922. Organization of the Department of Defense for management of
special operations forces and special operations.
Sec. 923. Establishment of unified combatant command for cyber
operations.
Sec. 924. Assigned forces of the combatant commands.
Sec. 925. Modifications to the requirements process.
Sec. 926. Review of combatant command organization.
Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 931. Qualifications for appointment of the Secretaries of the
military departments.
Sec. 932. Enhanced personnel management authorities for the Chief of the
National Guard Bureau.
Sec. 933. Reorganization and redesignation of Office of Family Policy
and Office of Community Support for Military Families with
Special Needs.
Sec. 934. Redesignation of Assistant Secretary of the Air Force for
Acquisition as Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics.
Subtitle E--Strategies, Reports, and Related Matters
Sec. 941. National defense strategy.
Sec. 942. Commission on the National Defense Strategy for the United
States.
Sec. 943. Reform of the national military strategy.
Sec. 944. Form of annual national security strategy report.
Sec. 945. Modification to independent study of national security
strategy formulation process.
Subtitle F--Other Matters
Sec. 951. Enhanced security programs for Department of Defense personnel
and innovation initiatives.
Sec. 952. Modification of authority of the Secretary of Defense relating
to protection of the Pentagon Reservation and other Department
of Defense facilities in the National Capital Region.
Sec. 953. Modifications to requirements for accounting for members of
the Armed Forces and Department of Defense civilian employees
listed as missing.
Sec. 954. Modifications to corrosion report.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Report on auditable financial statements.
Sec. 1003. Increased use of commercial data integration and analysis
products for the purpose of preparing financial statement
audits.
Sec. 1004. Sense of Congress on sequestration.
Sec. 1005. Requirement to transfer funds from Department of Defense
Acquisition Workforce Development Fund to the Treasury.
Subtitle B--Counterdrug Activities
Sec. 1011. Codification and modification of authority to provide support
for counterdrug activities and activities to counter
transnational organized crime of civilian law enforcement
agencies.
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. Enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Subtitle C--Naval Vessels and Shipyards
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.
Subtitle D--Counterterrorism
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, Cub, 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. Congressional notification requirements for sensitive
military operations.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Expanded authority for transportation by the Department of
Defense of non-Department of Defense personnel and cargo.
Sec. 1042. Reduction in minimum number of Navy carrier air wings and
carrier air wing headquarters required to be maintained.
Sec. 1043. Modification to support for non-Federal development and
testing of material for chemical agent defense.
Sec. 1044. Protection of certain Federal spectrum operations.
Sec. 1045. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1046. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1047. Evaluation of Navy alternate combination cover and unisex
combination cover.
Sec. 1048. Independent evaluation of Department of Defense excess
property program.
Sec. 1049. Waiver of certain polygraph examination requirements.
Sec. 1050. Use of Transportation Worker Identification Credential to
gain access at Department of Defense installations.
Sec. 1051. Limitation on availability of funds for destruction of
certain landmines and briefing on development of replacement
anti-personnel landmine munitions.
Sec. 1052. Transition of Air Force to operation of remotely piloted
aircraft by enlisted personnel.
Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue
Units.
Sec. 1054. Support for the Associate Director of the Central
Intelligence Agency for Military Affairs.
Sec. 1055. Notification on the provision of defense sensitive support.
Sec. 1056. Prohibition on enforcement of military commission rulings
preventing members of the Armed Forces from carrying out
otherwise lawful duties based on member sex.
Subtitle F--Studies and Reports
Sec. 1061. Temporary continuation of certain Department of Defense
reporting requirements.
Sec. 1062. Reports on programs managed under alternative compensatory
control measures in the Department of Defense.
Sec. 1063. Matters for inclusion in report on designation of countries
for which rewards may be paid under Department of Defense
rewards program.
Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and
the combatant commands and annual report on combatant command
requirements.
Sec. 1065. Management and reviews of electromagnetic spectrum.
Sec. 1066. Requirement for notice and reporting to Committees on Armed
Services on certain expenditures of funds by Defense
Intelligence Agency.
Sec. 1067. Congressional notification of biological select agent and
toxin theft, loss, or release involving the Department of
Defense.
Sec. 1068. Report on service-provided support and enabling capabilities
to United States special operations forces.
Sec. 1069. Report on citizen security responsibilities in the Northern
Triangle of Central America.
Sec. 1070. Report on counterproliferation activities and programs.
Sec. 1071. Report on testing and integration of minehunting sonar
systems to improve Littoral Combat Ship minehunting
capabilities.
Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg
and Pope Army Airfield and Air Force support for such jumps.
Sec. 1073. Study on military helicopter noise.
Sec. 1074. Independent review of United States military strategy and
force posture in the United States Pacific Command area of
responsibility.
Sec. 1075. Assessment of the joint ground forces of the Armed Forces.
Subtitle G--Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Increase in maximum amount available for equipment, services,
and supplies provided for humanitarian demining assistance.
Sec. 1083. Liquidation of unpaid credits accrued as a result of
transactions under a cross-servicing agreement.
Sec. 1084. Modification of requirements relating to management of
military technicians.
Sec. 1085. Streamlining of the National Security Council.
Sec. 1086. National biodefense strategy.
Sec. 1087. Global Cultural Knowledge Network.
Sec. 1088. Sense of Congress regarding Connecticut's Submarine Century.
Sec. 1089. Sense of Congress regarding the reporting of the MV-22 mishap
in Marana, Arizona, on April 8, 2000.
Sec. 1090. Cost of Wars.
Sec. 1091. Reconnaissance Strike Group matters.
Sec. 1092. Border security metrics.
Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of
the Unknown Soldier.
Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC-46A
aircraft.
Sec. 1095. Designation of a Department of Defense Strategic Arctic Port.
Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to
foreign countries and transfer to certain persons.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Matters Generally
Sec. 1101. Civilian personnel management.
Sec. 1102. Repeal of requirement for annual strategic workforce plan for
the Department of Defense.
Sec. 1103. Training for employment personnel of Department of Defense on
matters relating to authorities for recruitment and retention
at United States Cyber Command.
Sec. 1104. Public-private talent exchange.
Sec. 1105. Temporary and term appointments in the competitive service in
the Department of Defense.
Sec. 1106. Direct-hire authority for the Department of Defense for post-
secondary students and recent graduates.
Sec. 1107. Temporary increase in maximum amount of voluntary separation
incentive pay authorized for civilian employees of the
Department of Defense.
Sec. 1108. Extension of rate of overtime pay for Department of the Navy
employees performing work aboard or dockside in support of the
nuclear-powered aircraft carrier forward deployed in Japan.
Sec. 1109. Limitation on number of DOD SES positions.
Sec. 1110. Direct hire authority for financial management experts in the
Department of Defense workforce.
Sec. 1111. Repeal of certain basis for appointment of a retired member
of the Armed Forces to Department of Defense position within
180 days of retirement.
Subtitle B--Department of Defense Science and Technology Laboratories
and Related Matters
Sec. 1121. Permanent personnel management authority for the Department
of Defense for experts in science and engineering.
Sec. 1122. Codification and modification of certain authorities for
certain positions at Department of Defense research and
engineering laboratories.
Sec. 1123. Modification to information technology personnel exchange
program.
Sec. 1124. Pilot program on enhanced pay authority for certain research
and technology positions in the science and technology
reinvention laboratories of the Department of Defense.
Sec. 1125. Temporary direct hire authority for domestic defense
industrial base facilities, the Major Range and Test
Facilities Base, and the Office of the Director of Operational
Test and Evaluation.
Subtitle C--Governmentwide Matters
Sec. 1131. Elimination of two-year eligibility limitation for
noncompetitive appointment of spouses of members of the Armed
Forces.
Sec. 1132. Temporary personnel flexibilities for domestic defense
industrial base facilities and Major Range and Test Facilities
Base civilian personnel.
Sec. 1133. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1134. Advance payments for employees relocating within the United
States and its territories.
Sec. 1135. Eligibility of employees in a time-limited appointment to
compete for a permanent appointment at any Federal agency.
Sec. 1136. Review of official personnel file of former Federal
employees before rehiring.
Sec. 1137. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1138. Administrative leave.
Sec. 1139. Direct hiring for Federal wage schedule employees.
Sec. 1140. Record of investigation of personnel action in separated
employee's official personnel file.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition forces
supporting certain United States military operations.
Sec. 1202. Special Defense Acquisition Fund matters.
Sec. 1203. Codification of authority for support of special operations
to combat terrorism.
Sec. 1204. Independent evaluation of strategic framework for Department
of Defense security cooperation.
Sec. 1205. Sense of Congress regarding an assessment, monitoring, and
evaluation framework for security cooperation.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1212. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1213. Extension and modification of authority to transfer defense
articles and provide defense services to the military and
security forces of Afghanistan.
Sec. 1214. Special immigrant status for certain Afghans.
Sec. 1215. Modification to semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1216. Prohibition on use of funds for certain programs and projects
of the Department of Defense in Afghanistan that cannot be
safely accessed by United States Government personnel.
Sec. 1217. Improvement of oversight of United States Government efforts
in Afghanistan.
Sec. 1218. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
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. Limitation on provision of man-portable air defense systems
to the vetted Syrian opposition during fiscal year 2017.
Sec. 1225. Modification of annual report on military power of Iran.
Sec. 1226. Quarterly report on confirmed ballistic missile launches from
Iran.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Military response options to Russian Federation violation of
INF Treaty.
Sec. 1232. Limitation on military cooperation between the United States
and the Russian Federation.
Sec. 1233. Extension and modification of authority on training for
Eastern European national military forces in the course of
multilateral exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1235. Annual report on military and security developments involving
the Russian Federation.
Sec. 1236. Limitation on use of funds to vote to approve or otherwise
adopt any implementing decision of the Open Skies Consultative
Commission and related requirements.
Sec. 1237. Extension and enhancement of Ukraine Security Assistance
Initiative.
Sec. 1238. Reports on INF Treaty and Open Skies Treaty.
Subtitle E--Reform of Department of Defense Security Cooperation
Sec. 1241. Enactment of new chapter for defense security cooperation.
Sec. 1242. Military-to-military exchanges.
Sec. 1243. Consolidation and revision of authorities for payment of
personnel expenses necessary for theater security cooperation.
Sec. 1244. Transfer and revision of certain authorities on payment of
expenses of training and exercises with friendly foreign
forces.
Sec. 1245. Transfer and revision of authority to provide operational
support to forces of friendly foreign countries.
Sec. 1246. Department of Defense State Partnership Program.
Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism
Fellowship Program.
Sec. 1248. Consolidation of authorities for service academy
international engagement.
Sec. 1249. Consolidated annual budget for security cooperation programs
and activities of the Department of Defense.
Sec. 1250. Department of Defense security cooperation workforce
development.
Sec. 1251. Reporting requirements.
Sec. 1252. Quadrennial review of security sector assistance programs and
authorities of the United States Government.
Sec. 1253. Other conforming amendments and authority for administration.
Subtitle F--Human Rights Sanctions
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Authorization of imposition of sanctions.
Sec. 1264. Reports to Congress.
Sec. 1265. Sunset.
Subtitle G--Miscellaneous Reports
Sec. 1271. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster,
and civic aid programs of the Department of Defense.
Sec. 1273. Strategy for United States defense interests in Africa.
Sec. 1274. Report on the potential for cooperation between the United
States and Israel on directed energy capabilities.
Sec. 1275. Annual update of Department of Defense Freedom of Navigation
Report.
Sec. 1276. Assessment of proliferation of certain remotely piloted
aircraft systems.
Subtitle H--Other Matters
Sec. 1281. Enhancement of interagency support during contingency
operations and transition periods.
Sec. 1282. Two-year extension and modification of authorization of non-
conventional assisted recovery capabilities.
Sec. 1283. Authority to destroy certain specified World War II-era
United States-origin chemical munitions located on San Jose
Island, Republic of Panama.
Sec. 1284. Sense of Congress on military exchanges between the United
States and Taiwan.
Sec. 1285. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise
assure the participation of Cuba in certain joint or
multilateral exercises.
Sec. 1287. Global Engagement Center.
Sec. 1288. Modification of United States International Broadcasting Act
of 1994.
Sec. 1289. Redesignation of South China Sea Initiative.
Sec. 1290. Measures against persons involved in activities that violate
arms control treaties or agreements with the United States.
Sec. 1291. Agreements with foreign governments to develop land-based
water resources in support of and in preparation for
contingency operations.
Sec. 1292. Enhancing defense and security cooperation with India.
Sec. 1293. Coordination of efforts to develop free trade agreements with
sub-Saharan African countries.
Sec. 1294. Extension and expansion of authority to support border
security operations of certain foreign countries.
Sec. 1295. Modification and clarification of United States-Israel anti-
tunnel cooperation authority.
Sec. 1296. Maintenance of prohibition on procurement by Department of
Defense of People's Republic of China-origin items that meet
the definition of goods and services controlled as munitions
items when moved to the ``600 series'' of the Commerce Control
List.
Sec. 1297. International sales process improvements.
Sec. 1298. Efforts to end modern slavery.
TITLE XIII--COOPERATIVE THREAT REDUCTION
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.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile.
Sec. 1412. National Defense Stockpile matters.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. National Academies of Sciences study on conventional
munitions demilitarization alternative technologies.
Subtitle D--Other Matters
Sec. 1431. 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. 1432. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
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.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Limitations, Reports, and Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
Sec. 1522. Joint Improvised Explosive Device Defeat Fund.
Sec. 1523. Extension of authority to use Joint Improvised Explosive
Device Defeat Fund for training of foreign security forces to
defeat improvised explosive devices.
Sec. 1524. Overseas contingency operations.
Sec. 1525. Extension and modification of authorities on Counterterrorism
Partnerships Fund.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Repeal of provision permitting the use of rocket engines from
the Russian Federation for the evolved expendable launch
vehicle program.
Sec. 1602. Exception to the prohibition on contracting with Russian
suppliers of rocket engines for the evolved expendable launch
vehicle program.
Sec. 1603. Rocket propulsion system to replace RD-180.
Sec. 1604. Plan for use of allied launch vehicles.
Sec. 1605. Analysis of alternatives for wide-band communications.
Sec. 1606. Modification of pilot program for acquisition of commercial
satellite communication services.
Sec. 1607. Space-based environmental monitoring.
Sec. 1608. Prohibition on use of certain non-allied positioning,
navigation, and timing systems.
Sec. 1609. Limitation of availability of funds for the Joint Space
Operations Center Mission System.
Sec. 1610. Limitations on availability of funds for the Global
Positioning System Next Generation Operational Control System.
Sec. 1611. Availability of funds for certain secure voice conferencing
capabilities.
Sec. 1612. Space-based infrared system and advanced extremely high
frequency program.
Sec. 1613. Pilot program on commercial weather data.
Sec. 1614. Plans on transfer of acquisition and funding authority of
certain weather missions to National Reconnaissance Office.
Sec. 1615. Five-year plan for Joint Interagency Combined Space
Operations Center.
Sec. 1616. Organization and management of national security space
activities of the Department of Defense.
Sec. 1617. Review of charter of Operationally Responsive Space Program
Office.
Sec. 1618. Backup and complementary positioning, navigation, and timing
capabilities of Global Positioning System.
Sec. 1619. Report on use of spacecraft assets of the space-based
infrared system wide-field-of-view program.
Sec. 1620. Provision of certain information to Government Accountability
Office by National Reconnaissance Office.
Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic
missile solid rocket motors.
Sec. 1622. Independent assessment of Global Positioning System Next
Generation Operational Control System.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1631. Report on United States Central Command Intelligence Fusion
Center.
Sec. 1632. Prohibition on availability of funds for certain relocation
activities for NATO Intelligence Fusion Cell.
Sec. 1633. Survey and review of Defense Intelligence Enterprise.
Subtitle C--Cyberspace-Related Matters
Sec. 1641. Special emergency procurement authority to facilitate the
defense against or recovery from a cyber attack.
Sec. 1642. Limitation on termination of dual-hat arrangement for
Commander of the United States Cyber Command.
Sec. 1643. Cyber mission forces matters.
Sec. 1644. Requirement to enter into agreements relating to use of cyber
opposition forces.
Sec. 1645. Cyber protection support for Department of Defense personnel
in positions highly vulnerable to cyber attack.
Sec. 1646. Limitation on full deployment of joint regional security
stacks.
Sec. 1647. Advisory committee on industrial security and industrial base
policy.
Sec. 1648. Change in name of National Defense University's Information
Resources Management College to College of Information and
Cyberspace.
Sec. 1649. Evaluation of cyber vulnerabilities of F-35 aircraft and
support systems.
Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense
critical infrastructure.
Sec. 1651. Strategy to incorporate Army reserve component cyber
protection teams into Department of Defense cyber mission
force.
Sec. 1652. Strategic Plan for the Defense Information Systems Agency.
Sec. 1653. Plan for information security continuous monitoring
capability and comply-to-connect policy; limitation on
software licensing.
Sec. 1654. Reports on deterrence of adversaries in cyberspace.
Sec. 1655. Sense of Congress on cyber resiliency of the networks and
communications systems of the National Guard.
Subtitle D--Nuclear Forces
Sec. 1661. Improvements to Council on Oversight of National Leadership
Command, Control, and Communications System.
Sec. 1662. Treatment of certain sensitive information by State and local
governments.
Sec. 1663. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1664. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1665. Limitation on availability of funds for extension of New
START Treaty.
Sec. 1666. Certifications regarding integrated tactical warning and
attack assessment mission of the Air Force.
Sec. 1667. Matters relating to intercontinental ballistic missiles.
Sec. 1668. Requests for forces to meet security requirements for land-
based nuclear forces.
Sec. 1669. Report on Russian and Chinese political and military
leadership survivability, command and control, and continuity
of government programs and activities.
Sec. 1670. Review by Comptroller General of the United States of
recommendations relating to nuclear enterprise of Department
of Defense.
Sec. 1671. Sense of Congress on nuclear deterrence.
Sec. 1672. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.
Subtitle E--Missile Defense Programs
Sec. 1681. National missile defense policy.
Sec. 1682. Extensions of prohibitions relating to missile defense
information and systems.
Sec. 1683. Non-terrestrial missile defense intercept and defeat
capability for the ballistic missile defense system.
Sec. 1684. Review of the missile defeat policy and strategy of the
United States.
Sec. 1685. Maximizing Aegis Ashore capability and developing medium
range discrimination radar.
Sec. 1686. Technical authority for integrated air and missile defense
activities and programs.
Sec. 1687. Hypersonic defense capability development.
Sec. 1688. Conventional Prompt Global Strike weapons system.
Sec. 1689. Required testing by Missile Defense Agency of ground-based
midcourse defense element of ballistic missile defense system.
Sec. 1690. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program codevelopment and
coproduction.
Sec. 1691. Limitations on availability of funds for lower tier air and
missile defense capability of the Army.
Sec. 1692. Pilot program on loss of unclassified, controlled technical
information.
Sec. 1693. Plan for procurement of medium-range discrimination radar to
improve homeland missile defense.
Sec. 1694. Review of Missile Defense Agency budget submissions for
ground-based midcourse defense and evaluation of alternative
ground-based interceptor deployments.
Sec. 1695. Semiannual notifications on missile defense tests and costs.
Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency.
Subtitle F--Other Matters
Sec. 1697. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1698. Harmful interference to Department of Defense Global
Positioning System.
TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
Sec. 1701. Short title.
Sec. 1702. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 1703. Guam World War II Claims Fund.
Sec. 1704. Payments for Guam World War II claims.
Sec. 1705. Adjudication.
Sec. 1706. Grants program to memorialize the occupation of Guam during
World War II.
Sec. 1707. Authorization of appropriations.
TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT
Subtitle A--Improving Transparency and Clarity for Small Businesses
Sec. 1801. Plain language rewrite of requirements for small business
procurements.
Sec. 1802. Transparency in small business goals.
Subtitle B--Clarifying the Roles of Small Business Advocates
Sec. 1811. Scope of review by procurement center representatives.
Sec. 1812. Duties of the Office of Small and Disadvantaged Business
Utilization.
Sec. 1813. Improving contractor compliance.
Sec. 1814. Improving education on small business regulations.
Subtitle C--Strengthening Opportunities for Competition in
Subcontracting
Sec. 1821. Good faith in subcontracting.
Sec. 1822. Pilot program to provide opportunities for qualified
subcontractors to obtain past performance ratings.
Sec. 1823. Amendments to the Mentor-Protege Program of the Department of
Defense.
Subtitle D--Miscellaneous Provisions
Sec. 1831. Improvements to size standards for small agricultural
producers.
Sec. 1832. Uniformity in service-disabled veteran definitions.
Sec. 1833. Office of Hearings and Appeals.
Sec. 1834. Extension of SBIR and STTR programs.
Sec. 1835. Issuance of guidance on small business matters.
Subtitle E--Improving Cyber Preparedness for Small Businesses
Sec. 1841. Small Business Development Center Cyber Strategy and
outreach.
Sec. 1842. Role of small business development centers in cybersecurity
and preparedness.
Sec. 1843. Additional cybersecurity assistance for small business
development centers.
Sec. 1844. Prohibition on additional funds.
TITLE XIX--DEPARTMENT OF HOMELAND SECURITY COORDINATION
Sec. 1901. Department of Homeland Security coordination.
Sec. 1902. Office of Strategy, Policy, and Plans of the Department of
Homeland Security.
Sec. 1903. Management and execution.
Sec. 1904. Chief Human Capital Officer of the Department of Homeland
Security.
Sec. 1905. Department of Homeland Security transparency.
Sec. 1906. Transparency in research and development.
Sec. 1907. United States Government review of certain foreign fighters.
Sec. 1908. National strategy to combat terrorist travel.
Sec. 1909. National Operations Center.
Sec. 1910. Department of Homeland Security strategy for international
programs.
Sec. 1911. State and high-risk urban area working groups.
Sec. 1912. Cybersecurity strategy for the Department of Homeland
Security.
Sec. 1913. EMP and GMD planning, research and development, and
protection and preparedness.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
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.
TITLE XXII--NAVY MILITARY CONSTRUCTION
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.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
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.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
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.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
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.
Subtitle B--Other Matters
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.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2702. Prohibition on conducting additional Base Realignment and
Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
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. Limited authority for scope of work increase.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. Authority to expand energy conservation construction program
to include energy resiliency projects.
Sec. 2806. Additional entities eligible for participation in defense
laboratory modernization pilot program.
Sec. 2807. 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.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Acceptance of military construction projects as payments in-
kind and in-kind contributions.
Sec. 2812. Allotment of space and provision of services to WIC offices
operating on military installations.
Sec. 2813. 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. 2814. Assessment of public schools on Department of Defense
installations.
Sec. 2815. Prior certification required for use of Department of Defense
facilities by other Federal agencies for temporary housing
support.
Subtitle C--Land Conveyances
Sec. 2821. Land conveyance, High Frequency Active Auroral Research
Program facility and adjacent property, Gakona, Alaska.
Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena,
Alaska.
Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska.
Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot,
Arizona.
Sec. 2825. Exchange of property interests, San Diego Unified Port
District, California.
Sec. 2826. Release of property interests retained in connection with
land conveyance, Eglin Air Force Base, Florida.
Sec. 2827. Land exchange, Fort Hood, Texas.
Sec. 2828. Land Conveyance, P-36 Warehouse, Colbern United States Army
Reserve Center, Laredo, Texas.
Sec. 2829. Land conveyance, St. George National Guard Armory, St.
George, Utah.
Sec. 2829A. Land acquisitions, Arlington County, Virginia.
Sec. 2829B. Release of restrictions, Richland Innovation Center,
Richland, Washington.
Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal
National Wildlife Refuge.
Sec. 2829D. Closure of St. Marys Airport.
Sec. 2829E. Transfer of Fort Belvoir Mark Center Campus from the
Secretary of the Army to the Secretary of Defense and
applicability of certain provisions of law relating to the
Pentagon Reservation.
Sec. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the
original inhabitants.
Subtitle D--Military Memorials, Monuments, and Museums
Sec. 2831. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum.
Sec. 2832. Renaming site of the Dayton Aviation Heritage National
Historical Park, Ohio.
Sec. 2833. Women's military service memorials and museums.
Sec. 2834. Petersburg National Battlefield boundary modification.
Subtitle E--Designations and Other Matters
Sec. 2841. Designation of portion of Moffett Federal Airfield,
California, as Moffett Air National Guard Base.
Sec. 2842. Redesignation of Mike O'Callaghan Federal Medical Center.
Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer,
Arizona.
Sec. 2844. Limited exceptions to restriction on development of public
infrastructure in connection with realignment of Marine Corps
forces in Asia-Pacific region.
Sec. 2845. Duration of withdrawal and reservation of public land, Naval
Air Weapons Station China Lake, California.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
TITLE XXX--UTAH TEST AND TRAINING RANGE AND RELATED MATTERS
Subtitle A--Authorization for Temporary Closure of Certain Public Land
Adjacent to the Utah Test and Training Range
Sec. 3001. Definitions.
Sec. 3002. Memorandum of agreement.
Sec. 3003. Temporary closures.
Sec. 3004. Liability.
Sec. 3005. Community resource advisory group.
Sec. 3006. Savings clauses.
Subtitle B--Bureau of Land Management Land Exchange With State of Utah
Sec. 3011. Definitions.
Sec. 3012. Exchange of Federal land and non-Federal land.
Sec. 3013. Status and management of non-Federal land acquired by the
United States.
Sec. 3014. Hazardous substances.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Independent acquisition project reviews of capital assets
acquisition projects.
Sec. 3112. Protection of certain nuclear facilities and assets from
unmanned aircraft.
Sec. 3113. Common financial reporting system for the nuclear security
enterprise.
Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup
at Hanford Nuclear Reservation.
Sec. 3115. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3116. Disposition of weapons-usable plutonium.
Sec. 3117. Design basis threat.
Sec. 3118. Industry best practices in operations at National Nuclear
Security Administration facilities and sites.
Sec. 3119. Pilot program on unavailability for overhead costs of amounts
specified for laboratory-directed research and development.
Sec. 3120. Research and development of advanced naval nuclear fuel
system based on low-enriched uranium.
Sec. 3121. Increase in certain limitations applicable to funds for
conceptual and construction design of the Department of
Energy.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Sec. 3123. Limitation on availability of funds for Federal salaries and
expenses.
Sec. 3124. Limitation on availability of funds for defense environmental
cleanup program direction.
Sec. 3125. Limitation on availability of funds for acceleration of
nuclear weapons dismantlement.
Subtitle C--Plans and Reports
Sec. 3131. Independent assessment of technology development under
defense environmental cleanup program.
Sec. 3132. Updated plan for verification and monitoring of proliferation
of nuclear weapons and fissile material.
Sec. 3133. Report on the use of highly-enriched uranium for naval
reactors.
Sec. 3134. Analysis of approaches for supplemental treatment of low-
activity waste at Hanford Nuclear Reservation.
Sec. 3135. Clarification of annual report and certification on status of
security of atomic energy defense facilities.
Sec. 3136. Report on service support contracts and authority for
appointment of certain personnel.
Sec. 3137. Elimination of certain reporting requirements.
Sec. 3138. Report on United States nuclear deterrence.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Authority to extend certain age restrictions relating to
vessels in the Maritime Security Fleet.
Sec. 3503. Corrections to provisions enacted by Coast Guard
Authorization Acts.
Sec. 3504. Status of National Defense Reserve Fleet vessels.
Sec. 3505. NDRF national security multi-mission vessel.
Sec. 3506. Superintendent of United States Merchant Marine Academy.
Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds.
Sec. 3508. Floating dry docks.
Sec. 3509. Transportation worker identification credentials for
individuals undergoing separation, discharge, or release from
the Armed Forces.
Sec. 3510. Actions to address sexual harassment and sexual assault at
the United States Merchant Marine Academy.
Sec. 3511. Sexual assault response coordinators and sexual assault
victim advocates.
Sec. 3512. Report from the Department of Transportation Inspector
General.
Sec. 3513. Sexual assault prevention and response working group.
Sec. 3514. Sea Year compliance.
Sec. 3515. State maritime academy physical standards and reporting.
Sec. 3516. Appointments.
Sec. 3517. Maritime workforce working group.
Sec. 3518. Maritime extreme weather task force.
Sec. 3519. Workforce plans and onboarding policies.
Sec. 3520. Drug and alcohol policy.
Sec. 3521. Vessel transfers.
Sec. 3522. Clarifying amendment; continuation boards.
Sec. 3523. Polar icebreaker recapitalization plan.
Sec. 3524. GAO report on icebreaking capability in United States.
Subtitle B--Pribilof Islands Transition Completion
Sec. 3531. Short title.
Sec. 3532. Conveyance of property.
Sec. 3533. Transfer, use, and disposal of tract 43.
Subtitle C--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration
Sec. 3541. Actions to address sexual harassment at National Oceanic and
Atmospheric Administration.
Sec. 3542. Actions to address sexual assault at National Oceanic and
Atmospheric Administration.
Sec. 3543. Rights of the victim of a sexual assault.
Sec. 3544. Change of station.
Sec. 3545. Applicability of policies to crews of vessels secured by
National Oceanic and Atmospheric Administration under
contract.
Sec. 3546. Annual report on sexual assaults in the National Oceanic and
Atmospheric Administration.
Sec. 3547. Sexual assault defined.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for overseas contingency operations for base
requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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.
TITLE XLIII--OPERATION AND MAINTENANCE
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.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for
base requirements.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4503. Other authorizations for overseas contingency operations for
base requirements.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for overseas contingency operations for
base requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM
Sec. 5001. Short title.
TITLE LI--GENERAL PROVISIONS
Sec. 5101. Definitions.
Sec. 5102. Clarification of persons subject to UCMJ while on inactive-
duty training.
Sec. 5103. Staff judge advocate disqualification due to prior
involvement in case.
Sec. 5104. Conforming amendment relating to military magistrates.
Sec. 5105. Rights of victim.
TITLE LII--APPREHENSION AND RESTRAINT
Sec. 5121. Restraint of persons charged.
Sec. 5122. Modification of prohibition of confinement of members of the
Armed Forces with enemy prisoners and certain others.
TITLE LIII--NON-JUDICIAL PUNISHMENT
Sec. 5141. Modification of confinement as non-judicial punishment.
TITLE LIV--COURT-MARTIAL JURISDICTION
Sec. 5161. Courts-martial classified.
Sec. 5162. Jurisdiction of general courts-martial.
Sec. 5163. Jurisdiction of special courts-martial.
Sec. 5164. Summary court-martial as non-criminal forum.
TITLE LV--COMPOSITION OF COURTS-MARTIAL
Sec. 5181. Technical amendment relating to persons authorized to convene
general courts-martial.
Sec. 5182. Who may serve on courts-martial and related matters.
Sec. 5183. Number of court-martial members in capital cases.
Sec. 5184. Detailing, qualifications, and other matters relating to
military judges.
Sec. 5185. Military magistrates.
Sec. 5186. Qualifications of trial counsel and defense counsel.
Sec. 5187. Assembly and impaneling of members and related matters.
TITLE LVI--PRE-TRIAL PROCEDURE
Sec. 5201. Charges and specifications.
Sec. 5202. Certain proceedings conducted before referral.
Sec. 5203. Preliminary hearing required before referral to general
court-martial.
Sec. 5204. Disposition guidance.
Sec. 5205. Advice to convening authority before referral for trial.
Sec. 5206. Service of charges and commencement of trial.
TITLE LVII--TRIAL PROCEDURE
Sec. 5221. Duties of assistant defense counsel.
Sec. 5222. Sessions.
Sec. 5223. Technical amendment relating to continuances.
Sec. 5224. Conforming amendments relating to challenges.
Sec. 5225. Statute of limitations.
Sec. 5226. Former jeopardy.
Sec. 5227. Pleas of the accused.
Sec. 5228. Subpoena and other process.
Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or
produce evidence.
Sec. 5230. Contempt.
Sec. 5231. Depositions.
Sec. 5232. Admissibility of sworn testimony by audiotape or videotape
from records of courts of inquiry.
Sec. 5233. Conforming amendment relating to defense of lack of mental
responsibility.
Sec. 5234. Voting and rulings.
Sec. 5235. Votes required for conviction, sentencing, and other matters.
Sec. 5236. Findings and sentencing.
Sec. 5237. Plea agreements.
Sec. 5238. Record of trial.
TITLE LVIII--SENTENCES
Sec. 5301. Sentencing.
Sec. 5302. Effective date of sentences.
Sec. 5303. Sentence of reduction in enlisted grade.
TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Sec. 5321. Post-trial processing in general and special courts-martial.
Sec. 5322. Limited authority to act on sentence in specified post-trial
circumstances.
Sec. 5323. Post-trial actions in summary courts-martial and certain
general and special courts-martial.
Sec. 5324. Entry of judgment.
Sec. 5325. Waiver of right to appeal and withdrawal of appeal.
Sec. 5326. Appeal by the United States.
Sec. 5327. Rehearings.
Sec. 5328. Judge advocate review of finding of guilty in summary court-
martial.
Sec. 5329. Transmittal and review of records.
Sec. 5330. Courts of Criminal Appeals.
Sec. 5331. Review by Court of Appeals for the Armed Forces.
Sec. 5332. Supreme Court review.
Sec. 5333. Review by Judge Advocate General.
Sec. 5334. Appellate defense counsel in death penalty cases.
Sec. 5335. Authority for hearing on vacation of suspension of sentence
to be conducted by qualified judge advocate.
Sec. 5336. Extension of time for petition for new trial.
Sec. 5337. Restoration.
Sec. 5338. Leave requirements pending review of certain court-martial
convictions.
TITLE LX--PUNITIVE ARTICLES
Sec. 5401. Reorganization of punitive articles.
Sec. 5402. Conviction of offense charged, lesser included offenses, and
attempts.
Sec. 5403. Soliciting commission of offenses.
Sec. 5404. Malingering.
Sec. 5405. Breach of medical quarantine.
Sec. 5406. Missing movement; jumping from vessel.
Sec. 5407. Offenses against correctional custody and restriction.
Sec. 5408. Disrespect toward superior commissioned officer; assault of
superior commissioned officer.
Sec. 5409. Willfully disobeying superior commissioned officer.
Sec. 5410. Prohibited activities with military recruit or trainee by
person in position of special trust.
Sec. 5411. Offenses by sentinel or lookout.
Sec. 5412. Disrespect toward sentinel or lookout.
Sec. 5413. Release of prisoner without authority; drinking with
prisoner.
Sec. 5414. Penalty for acting as a spy.
Sec. 5415. Public records offenses.
Sec. 5416. False or unauthorized pass offenses.
Sec. 5417. Impersonation offenses.
Sec. 5418. Insignia offenses.
Sec. 5419. False official statements; false swearing.
Sec. 5420. Parole violation.
Sec. 5421. Wrongful taking, opening, etc. of mail matter.
Sec. 5422. Improper hazarding of vessel or aircraft.
Sec. 5423. Leaving scene of vehicle accident.
Sec. 5424. Drunkenness and other incapacitation offenses.
Sec. 5425. Lower blood alcohol content limits for conviction of drunken
or reckless operation of vehicle, aircraft, or vessel.
Sec. 5426. Endangerment offenses.
Sec. 5427. Communicating threats.
Sec. 5428. Technical amendment relating to murder.
Sec. 5429. Child endangerment.
Sec. 5430. Rape and sexual assault offenses.
Sec. 5431. Deposit of obscene matter in the mail.
Sec. 5432. Fraudulent use of credit cards, debit cards, and other access
devices.
Sec. 5433. False pretenses to obtain services.
Sec. 5434. Robbery.
Sec. 5435. Receiving stolen property.
Sec. 5436. Offenses concerning Government computers.
Sec. 5437. Bribery.
Sec. 5438. Graft.
Sec. 5439. Kidnapping.
Sec. 5440. Arson; burning property with intent to defraud.
Sec. 5441. Assault.
Sec. 5442. Burglary and unlawful entry.
Sec. 5443. Stalking.
Sec. 5444. Subornation of perjury.
Sec. 5445. Obstructing justice.
Sec. 5446. Misprision of serious offense.
Sec. 5447. Wrongful refusal to testify.
Sec. 5448. Prevention of authorized seizure of property.
Sec. 5449. Wrongful interference with adverse administrative proceeding.
Sec. 5450. Retaliation.
Sec. 5451. Extraterritorial application of certain offenses.
Sec. 5452. Table of sections.
TITLE LXI--MISCELLANEOUS PROVISIONS
Sec. 5501. Technical amendments relating to courts of inquiry.
Sec. 5502. Technical amendment to Article 136.
Sec. 5503. Articles of Uniform Code of Military Justice to be explained
to officers upon commissioning.
Sec. 5504. Military justice case management; data collection and
accessibility.
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
Sec. 5521. Military Justice Review Panel.
Sec. 5522. Annual reports.
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
Sec. 5541. Amendments to UCMJ subchapter tables of sections.
Sec. 5542. Effective dates.
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. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
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. Distributed Common Ground System-Army increment 1.
Sec. 114. Assessment of certain capabilities of the Department of the
Army.
Subtitle C--Navy Programs
Sec. 121. Determination of vessel delivery dates.
Sec. 122. Incremental funding for detail design and construction of LHA
replacement ship designated LHA 8.
Sec. 123. Littoral Combat Ship.
Sec. 124. Limitation on use of sole-source shipbuilding contracts for
certain vessels.
Sec. 125. Limitation on availability of funds for the Advanced Arresting
Gear Program.
Sec. 126. Limitation on availability of funds for procurement of U.S.S.
Enterprise (CVN-80).
Sec. 127. Sense of Congress on aircraft carrier procurement schedules.
Sec. 128. Report on P-8 Poseidon aircraft.
Sec. 129. Design and construction of replacement dock landing ship
designated LX(R) or amphibious transport dock designated LPD-
29.
Subtitle D--Air Force Programs
Sec. 131. EC-130H Compass Call recapitalization program.
Sec. 132. Repeal of requirement to preserve certain retired C-5
aircraft.
Sec. 133. Repeal of requirement to preserve F-117 aircraft in recallable
condition.
Sec. 134. Prohibition on availability of funds for retirement of A-10
aircraft.
Sec. 135. Limitation on availability of funds for destruction of A-10
aircraft in storage status.
Sec. 136. Prohibition on availability of funds for retirement of Joint
Surveillance Target Attack Radar System aircraft.
Sec. 137. Elimination of annual report on aircraft inventory.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Standardization of 5.56mm rifle ammunition.
Sec. 142. Fire suppressant and fuel containment standards for certain
vehicles.
Sec. 143. Limitation on availability of funds for destruction of certain
cluster munitions.
Sec. 144. Report on Department of Defense munitions strategy for the
combatant commands.
Sec. 145. Modifications to reporting on use of combat mission
requirements funds.
Sec. 146. Report on alternative management structures for the F-35 joint
strike fighter program.
Sec. 147. Comptroller General review of F-35 Lightning II aircraft
sustainment support.
Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle.
Sec. 149. Study and report on optimal mix of aircraft capabilities for
the Armed Forces.
Subtitle A--Authorization of Appropriations
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.
Subtitle B--Army Programs
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. DISTRIBUTED COMMON GROUND SYSTEM-ARMY INCREMENT 1.
(a) Training for Operators.--The Secretary of the Army
shall take such actions as may be necessary to improve and
tailor training for covered units in the versions of increment
1 that are in use on the date of the enactment of this Act.
(b) Fielding of Capability.--
(1) In general.--The Secretary shall rapidly
identify and field a capability for fixed and
deployable multi-source ground processing systems for
covered units.
(2) Commercially available capabilities.--In
carrying out paragraph (1), the Secretary shall procure
commercially available off-the-shelf technologies
that--
(A) meet essential tactical requirements
for processing, analyzing, and displaying
intelligence information;
(B) can integrate and communicate with
covered units at the tactical unit level and at
higher unit levels;
(C) are substantially easier for personnel
to use than the Distributed Common Ground
System-Army; and
(D) require less training than the
Distributed Common Ground System-Army.
(c) Limitation on the Award of Contract.--The Secretary may
not enter into a contract for the design, development, or
procurement of any data architecture, data integration, or
``cloud'' capability, or any data analysis or data
visualization and workflow capability (including warfighting
function tools relating to increment 1 of the Distributed
Common Ground System-Army) for covered units unless the
contract--
(1) is awarded not later than 180 days after the
date of the enactment of this Act;
(2) is awarded in accordance with applicable law
and regulations providing for the use of competitive
procedures or procedures applicable to the procurement
of commercial items including parts 12 and 15 of the
Federal Acquisition Regulation;
(3) is a fixed-price contract; and
(4) provides that the technology to be procured
under the contract will--
(A) begin initial fielding rapidly after
the contract award;
(B) achieve initial operating capability
not later than nine months after the date on
which the contract is awarded; and
(C) achieve full operating capability not
later than 18 months after the date on which
the contract is awarded.
(d) Waiver.--
(1) In general.--The Secretary of Defense may waive
the limitation in subsection (c) if the Secretary
submits to the appropriate congressional committees a
written statement declaring that such limitation would
adversely affect ongoing operational activities.
(2) Nondelegation.--The Secretary of Defense may
not delegate the waiver authority under paragraph (1).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of
the Senate; and
(C) the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Covered units.--The term ``covered units''
means military units that use increment 1 of the
Distributed Common Ground System-Army, including
tactical units and operators at the division, brigade,
and battalion levels, and tactical units below the
battalion level.
SEC. 114. 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 that includes--
(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.
Subtitle C--Navy Programs
SEC. 121. DETERMINATION OF VESSEL DELIVERY DATES.
(a) Determination of Vessel Delivery Dates.--
(1) In general.--Chapter 633 of title 10, United
States Code, is amended by inserting after section 7300
the following new section:
``Sec. 7301. Determination of vessel delivery dates
``(a) In General.--The delivery of a covered vessel shall
be deemed to occur on the date on which--
``(1) the Secretary of the Navy determines that the
vessel is assembled and complete; and
``(2) custody of the vessel and all systems
contained in the vessel transfers to the Navy.
``(b) Inclusion in Budget and Acquisition Reports.--The
delivery dates of covered vessels shall be included--
``(1) in the materials submitted to Congress by the
Secretary of Defense in support of the budget of the
President for each fiscal year (as submitted to
Congress under section 1105(a) of title 31, United
States Code); and
``(2) in any relevant Selected Acquisition Report
submitted to Congress under section 2432 of this title.
``(c) Covered Vessel Defined.--In this section, the term
`covered vessel' means any vessel of the Navy that is under
construction on or after the date of the enactment of this
section using amounts authorized to be appropriated for the
Department of Defense for shipbuilding and conversion, Navy.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 7300 the following
new item:
``7301. Determination of vessel delivery dates.''.
(b) Certification.--
(1) In general.--Not later than January 1, 2017,
the Secretary of the Navy shall certify to the
congressional defense committees that the delivery
dates of the following vessels have been adjusted in
accordance with section 7301 of title 10, United States
Code, as added by subsection (a):
(A) The U.S.S. John F. Kennedy (CVN-79).
(B) The U.S.S. Zumwalt (DDG-1000).
(C) The U.S.S. Michael Monsoor (DDG-1001).
(D) The U.S.S. Lyndon B. Johnson (DDG-
1002).
(E) Any other vessel of the Navy that is
under construction on the date of the enactment
of this Act.
(2) Contents.--The certification under paragraph
(1) shall include--
(A) an identification of each vessel for
which the delivery date was adjusted; and
(B) the delivery date of each such vessel,
as so adjusted.
SEC. 122. INCREMENTAL FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF LHA
REPLACEMENT SHIP DESIGNATED LHA 8.
(a) Authority To Use Incremental Funding.--The Secretary of
the Navy may enter into and incrementally fund a contract for
detail design and construction of the LHA Replacement ship
designated LHA 8 and, subject to subsection (b), funds for
payments under the contract may be provided from amounts
authorized to be appropriated for the Department of Defense for
Shipbuilding and Conversion, Navy, for fiscal years 2017 and
2018.
(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 any subsequent fiscal year is subject to the
availability of appropriations for that purpose for such
subsequent fiscal year.
SEC. 123. LITTORAL COMBAT SHIP.
(a) Report on Littoral Combat Ship Mission Packages.--
(1) In general.--The Secretary of Defense shall
include in the materials submitted in support of the
budget of the President (as submitted to Congress under
section 1105(a) of title 31, United States Code) for
each fiscal year through fiscal year 2022 a report on
Littoral Combat Ship mission packages.
(2) Elements.--Each report under paragraph (1)
shall include, with respect to each Littoral Combat
Ship mission package and increment, the following:
(A) A description of the status of and
plans for development, production, and
sustainment, including--
(i) projected unit costs compared
to originally estimated unit costs for
each system that comprises the mission
package;
(ii) projected development costs,
procurement costs, and 20-year
sustainment costs compared to original
estimates of such costs for each system
that comprises the mission package;
(iii) demonstrated performance
compared to required performance for
each system that comprises the mission
package and for the mission package as
a whole;
(iv) problems relating to realized
and potential costs, schedule, or
performance; and
(v) any development plans,
production plans, or sustainment and
mitigation plans that may be
implemented to address such problems.
(B) A description, including dates, of each
developmental test, operational test,
integrated test, and follow-on test event that
is--
(i) completed in the fiscal year
preceding the fiscal year covered by
the report; and
(ii) expected to be completed in
the fiscal year covered by the report
and any of the following five fiscal
years.
(C) The date on which initial operational
capability is expected to be attained and a
description of the performance level criteria
that must be demonstrated to declare that such
capability has been attained.
(D) A description of--
(i) the systems that attained
initial operational capability in the
fiscal year preceding the fiscal year
covered by the report; and
(ii) the performance level
demonstrated by such systems compared
to the performance level required of
such systems.
(E) The acquisition inventory objective for
each system.
(F) An identification of--
(i) each location (including the
city, State, and country) to which
systems were delivered in the fiscal
year preceding the fiscal year covered
by the report; and
(ii) the quantity of systems
delivered to each such location.
(G) An identification of--
(i) each location (including the
city, State, and country) to which
systems are projected to be delivered
in the fiscal year covered by the
report and any of the following five
fiscal years; and
(ii) the quantity of systems
projected to be delivered to each such
location.
(b) Certification of Littoral Combat Ship Mission Package
Program of Record.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall include in
the materials submitted in support of the budget of the
President (as submitted to Congress under section
1105(a) of title 31, United States Code) for fiscal
year 2018 the certification described in paragraph (2).
(2) Certification.--The certification described in
this paragraph is a certification with respect to
Littoral Combat Ship mission packages that includes, as
of the fiscal year covered by the certification, the
program of record quantity for--
(A) surface warfare mission packages;
(B) anti-submarine warfare mission
packages; and
(C) mine countermeasures mission packages.
(c) Limitations.--
(1) Limitation on deviation from acquisition
strategy.--
(A) In general.--The Secretary of Defense
may not revise or deviate from revision three
of the Littoral Combat Ship acquisition
strategy, until the date on which the Secretary
submits to the congressional defense committees
the certification described in subparagraph
(B).
(B) Certification.--The certification
described in this subparagraph is a
certification that includes--
(i) the rationale of the Secretary
for revising or deviating from revision
three of the Littoral Combat Ship
acquisition strategy;
(ii) a description of each such
revision or deviation; and
(iii) the Littoral Combat Ship
acquisition strategy that is in effect
following the implementation of such
revisions or deviations.
(2) Limitation on selection of single contractor.--
The Secretary of Defense may not select only a single
prime contractor to construct the Littoral Combat Ship
or any successor frigate class ship unless such
selection--
(A) is conducted using competitive
procedures and for the limited purpose of
awarding a contract or contracts for--
(i) an engineering change proposal
for a frigate class ship; or
(ii) the construction of a frigate
class ship; and
(B) occurs only after a frigate design
has--
(i) reached sufficient maturity and
completed a preliminary design review;
or
(ii) demonstrated an equivalent
level of design completeness.
(d) Definitions.--In this section:
(1) Littoral combat ship mission package.--The term
``Littoral Combat Ship mission package'' means a
mission module for a Littoral Combat Ship combined with
the crew detachment and support aircraft for such ship.
(2) Mission module.--The term ``mission module''
means the mission systems (including vehicles,
communications, sensors, and weapons systems) combined
with support equipment (including support containers
and standard interfaces) and software (including
software relating to the computing environment and
multiple vehicle communications system of the mission
package).
(3) Revision three.--The term ``revision three of
the Littoral Combat Ship acquisition strategy'' means
the third revision of the Littoral Combat Ship
acquisition strategy approved by the Under Secretary of
Defense for Acquisition, Technology, and Logistics on
March 29, 2016.
(e) Repeal of Quarterly Reporting Requirement.--Section 126
of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1657) is amended--
(1) by striking subsection (b); and
(2) by striking ``(a) Designation Required.--''.
SEC. 124. LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING CONTRACTS FOR
CERTAIN VESSELS.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2017 for joint high speed
vessels or expeditionary fast transports may be used to enter
into or prepare to enter into a contract on a sole-source basis
for the construction of such vessels or transports unless the
Secretary of the Navy submits to the congressional defense
committees the certification described in subsection (b) and
the report described in subsection (c).
(b) Certification.--The certification described in this
subsection is a certification by the Secretary of the Navy
that--
(1) awarding a contract for the construction of one
or more joint high speed vessels or expeditionary fast
transports on a sole-source basis is in the national
security interests of the United States;
(2) the construction of the vessels or transports
will not result in exceeding the requirement for the
ship class, as described in the most recent Navy force
structure assessment;
(3) the contract will be a fixed-price contract;
(4) the price of the contract will be fair and
reasonable, as determined by the service acquisition
executive of the Navy; and
(5) the contract will provide for the United States
to have Government purpose rights in the data for the
ship design.
(c) Report.--The report described in this subsection is a
report that includes--
(1) an explanation of the rationale for awarding a
contract for the construction of joint high speed
vessels or expeditionary fast transports on a sole-
source basis; and
(2) a description of--
(A) actions that may be carried out to
ensure that, if additional ships in the class
are procured after the award of the contract
referred to in paragraph (1), the contracts for
the ships shall be awarded using competitive
procedures; and
(B) with respect to each such action, an
implementation schedule and any associated cost
savings, as compared to a contract awarded on a
sole-source basis.
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED
ARRESTING GEAR PROGRAM.
(a) Advanced Arresting Gear for U.S.S. Enterprise.--None of
the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the research
and development, design, procurement, or advanced procurement
of materials for advanced arresting gear for the U.S.S.
Enterprise (CVN-80) may be obligated or expended until the
Secretary of Defense submits to the congressional defense
committees the report described in section 2432 of title 10,
United States Code, for the most recently concluded fiscal
quarter for the Advanced Arresting Gear Program in accordance
with subsection (c)(1).
(b) Advanced Arresting Gear for U.S.S. John F. Kennedy.--
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the research
and development, design, procurement, or advanced procurement
of materials for advanced arresting gear for the U.S.S. John F.
Kennedy (CVN-79) may be obligated or expended unless--
(1) the decision to install advanced arresting gear
on the vessel is determined by the milestone decision
authority for the Program; and
(2) the milestone decision authority for the
Program submits notification of such determination to
the congressional defense committees.
(c) Additional Requirements.--
(1) Treatment of baseline estimate.--The Secretary
of Defense shall deem the Baseline Estimate for the
Advanced Arresting Gear Program for fiscal year 2009 as
the original Baseline Estimate for the Program.
(2) Unit cost reports and critical cost growth.--
(A) Subject to subparagraph (B), the
Secretary shall carry out sections 2433 and
2433a of title 10, United States Code, with
respect to the Advanced Arresting Gear Program,
as if the Department had submitted a Selected
Acquisition Report for the Program that
included the Baseline Estimate for the Program
for fiscal year 2009 as the original Baseline
Estimate, except that the Secretary shall not
carry out subparagraph (B) or subparagraph (C)
of section 2433a(c)(1) of such title with
respect to the Program.
(B) In carrying out the review required by
section 2433a of such title, the Secretary
shall not approve a contract, enter into a new
contract, exercise an option under a contract,
or otherwise extend the scope of a contract for
advanced arresting gear for the U.S.S.
Enterprise (CVN-80), except to the extent
determined necessary by the milestone decision
authority, on a non-delegable basis, to ensure
that the Program can be restructured as
intended by the Secretary without unnecessarily
wasting resources.
(d) Definitions.--In this section:
(1) Baseline estimate.--The term ``Baseline
Estimate'' has the meaning given the term in section
2433(a)(2) of title 10, United States Code.
(2) Mileston decision authority.--The term
``milestone decision authority'' has the meaning given
the term in section 2366b(g)(3) of title 10, United
States Code.
(3) Original baseline estimate.--The term
``original Baseline Estimate'' has the meaning given
the term in section 2435(d)(1) of title 10, United
States Code.
(4) Selected acquisition report.--The term
``Selected Acquisition Report'' means a Selected
Acquisition Report submitted to Congress under section
2432 of title 10, United States Code.
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF U.S.S.
ENTERPRISE (CVN-80).
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2017
for advance procurement or procurement for the U.S.S.
Enterprise (CVN-80), not more than 25 percent may be obligated
or expended until the date on which the Secretary of the Navy
and the Chief of Naval Operations jointly submit to the
congressional defense committees the report under subsection
(b).
(b) Initial Report on CVN-79 and CVN-80.--Not later than
December 1, 2016, the Secretary of the Navy and the Chief of
Naval Operations shall jointly submit to the congressional
defense committees a report that includes a description of
actions that may be carried out (including de-scoping
requirements, if necessary) to achieve a ship end cost of--
(1) not more than $12,000,000,000 for the CVN-80;
and
(2) not more than $11,000,000,000 for the U.S.S.
John F. Kennedy (CVN-79).
(c) Annual Report on CVN-79 and CVN-80.--
(1) In general.--Together with the budget of the
President for each fiscal year through fiscal year 2021
(as submitted to Congress under section 1105(a) of
title 31, United States Code) the Secretary of the Navy
and the Chief of Naval Operations shall submit a report
on the efforts of the Navy to achieve the ship end
costs described in subsection (b) for the CVN-79 and
CVN-80.
(2) Elements.--The report under paragraph (1) shall
include, with respect to the procurement of the CVN-79
and the CVN-80, the following:
(A) A description of the progress made
toward achieving the ship end costs described
in subsection (b), including realized cost
savings.
(B) A description of low value-added or
unnecessary elements of program cost that have
been reduced or eliminated.
(C) Cost savings estimates for current and
planned initiatives.
(D) A schedule that includes--
(i) a plan for spending with
phasing of key obligations and outlays;
(ii) decision points describing
when savings may be realized; and
(iii) key events that must occur to
execute initiatives and achieve
savings.
(E) Instances of lower Government estimates
used in contract negotiations.
(F) A description of risks that may result
from achieving the procurement end costs
specified in subsection (b).
(G) A description of incentives or rewards
provided or planned to be provided to prime
contractors for meeting the procurement end
costs specified in subsection (b).
SEC. 127. SENSE OF CONGRESS ON AIRCRAFT CARRIER PROCUREMENT SCHEDULES.
(a) Findings.--Congress finds the following:
(1) 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''.
(2) 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.
(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
next aircraft carrier to be built after the
U.S.S. Enterprise (CVN-80) in fiscal year 2022;
and
(B) program the required advance
procurement activities to accommodate the
construction of such carrier.
SEC. 128. 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 on potential upgrades to the capabilities
of 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 potential upgrades to the sensors
onboard the aircraft, including upgrades to
intelligence sensors, surveillance sensors, and
reconnaissance sensors such as those being fielded on
MQ-4 Global Hawk aircraft platforms.
(2) An assessment of the ability of the Navy to use
long-range multispectral imaging systems onboard the
aircraft that are similar to such systems being used
onboard the MQ-4 Global Hawk aircraft.
SEC. 129. 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.
Subtitle D--Air Force Programs
SEC. 131. EC-130H COMPASS CALL RECAPITALIZATION PROGRAM.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Air Force may carry out a program to transfer
the primary mission equipment of the EC-130H Compass Call
aircraft fleet to an aircraft platform that the Secretary
determines--
(1) is more operationally effective and survivable
than the existing EC-130H Compass Call aircraft
platform; and
(2) meets the requirements of the combatant
commands.
(b) Limitation.--
(1) Except as provided in paragraph (2), none of
the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 or any
other fiscal year for procurement may be obligated or
expended on the program under subsection (a) until the
date on which the Secretary of the Air Force determines
that there is a high likelihood that the program will
meet the requirements of the combatant commands.
(2) The limitation in paragraph (1)--
(A) shall not apply to the development and
procurement of the first two aircraft under the
program; and
(B) shall not limit the authority of the
Secretary to enter into a contract that may
include an option for the future production of
aircraft under the program if--
(i) the exercise of such option is
at the discretion of the Secretary; and
(ii) such option is not exercised
until the Secretary determines that
there is a high likelihood that the
program will meet the requirements of
the combatant commands.
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 F-117 AIRCRAFT IN
RECALLABLE CONDITION.
Section 136 of the John Warner 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. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF A-10
AIRCRAFT IN STORAGE STATUS.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Air Force for fiscal year 2017 or any fiscal year thereafter
may be obligated or expended to scrap, destroy, or otherwise
dispose of any potential donor A-10 aircraft until the date on
which the Secretary of the Air Force submits to the
congressional defense committees the report required under
section 134(e)(2).
(b) Notification and Certification.--Not later than 45 days
before taking any action to scrap, destroy, or otherwise
dispose of any A-10 aircraft in any storage status in the 309th
Aerospace Maintenance and Regeneration Group, the Secretary of
the Air Force shall--
(1) notify the congressional defense committees of
the intent of the Secretary to take such action; and
(2) certify that the A-10 aircraft subject to such
action does not have serviceable wings or other
components that could be used to prevent the permanent
removal of any active inventory A-10 aircraft from
flyable status.
(c) Plan to Prevent Removal A-10 Aircraft From Flyable
Status.--The Secretary of the Air Force shall--
(1) include with the materials submitted to
Congress in support of the budget of the Department of
Defense for fiscal year 2018 (as submitted with the
budget of the President under section 1105(a) of title
31, United States Code) a plan to prevent the permanent
removal of any active inventory A-10 aircraft from
flyable status due to unserviceable wings or any other
required component during the period covered by the
future years defense plan submitted to Congress under
section 221 of title 10, United States Code; and
(2) carry out such plan to prevent the permanent
removal of any active inventory A-10 aircraft from
flyable status.
(d) Potential Donor A-10 Aircraft Defined.--In this
section, the term ``potential donor A-10 aircraft'' means any
A-10 aircraft in any storage status in the 309th Aerospace
Maintenance and Regeneration Group that has serviceable wings
or other components that could be used to prevent any active
inventory A-10 aircraft from being permanently removed from
flyable status due to unserviceable wings or other components.
SEC. 136. 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. 137. 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).
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. 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 using in combat two different types of enhanced
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 types of such ammunition.
(b) Standardization Requirement.--Except as provided in
subsection (c), 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 in combat one
standard type of enhanced 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 in combat
different types of enhanced 5.56mm rifle ammunition;
and
(2) certifies to the congressional defense
committees that such a determination has been made.
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. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
CERTAIN CLUSTER MUNITIONS.
(a) Limitation.--Except as provided in subsection (b), 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 for the
destruction of cluster munitions until the date on which the
Secretary of Defense submits the report required by subsection
(c).
(b) Exception for Safety.--The limitation under subsection
(a) shall not apply to the destruction of cluster munitions
that the Secretary determines--
(1) are unserviceable as a result of an inspection,
test, field incident, or other significant failure to
meet performance or logistics requirements; or
(2) are unsafe or could pose a safety risk if not
demilitarized or destroyed.
(c) Report Required.--
(1) In general.--Not later than March 1, 2017, the
Secretary of Defense shall submit to the congressional
defense committees a report that includes each of the
following elements:
(A) A description of the policy of the
Department of Defense regarding the use of
cluster munitions, including an explanation of
the process through which commanders may seek
waivers to use such munitions.
(B) A 10-year projection of the
requirements and inventory levels for all
cluster munitions that takes into account
future production of cluster munitions, any
plans for demilitarization of such munitions,
any plans for the recapitalization of such
munitions, the age of the munitions, storage
and safety considerations, and other factors
that will affect the size of the inventory.
(C) A 10-year projection for the cost to
achieve the inventory levels projected in
subparagraph (B), including the cost for
potential demilitarization or disposal of such
munitions.
(D) A 10-year projection for the cost to
develop and produce new cluster munitions that
comply 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 that
the Secretary determines are necessary to meet
the demands of current operational plans.
(E) An assessment, by the Chairman of the
Joint Chiefs of Staff, of the effects of the
projected cluster inventory on operational
plans.
(F) Any other matters that the Secretary
determines should be included in the report.
(2) Form of report.--The report required by
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
(d) Cluster Munitions Defined.--In this section, the term
``cluster munitions'' includes systems delivered by aircraft,
cruise missiles, artillery, mortars, missiles, tanks, rocket
launchers, or naval guns that deploy payloads of explosive
submunitions that detonate via target acquisition, impact, or
altitude, or that self-destruct.
SEC. 144. 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 for the six-year period beginning on January 1, 2017.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each year covered by the report, an
identification of the munitions requirements of the
combatant commands, including--
(A) plans, programming, and budgeting for
each type of munition; and
(B) the inventory of each type of munition.
(2) An assessment of any gaps and shortfalls with
respect to munitions determined to be essential to the
ability of the combatant commands to fulfill mission
requirements.
(3) An assessment of how current and planned
munitions programs may affect operational concepts and
capabilities of the combatant commands.
(4) An identification of limitations in relevant
industrial bases and a description of necessary
munitions investments.
(5) 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 policy of the Department of Defense
on cluster munitions and unintended harm to civilians.
(6) Any other matters the Secretary determines
appropriate.
SEC. 145. MODIFICATIONS TO REPORTING ON USE OF COMBAT MISSION
REQUIREMENTS FUNDS.
Section 123 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--
(1) in the section heading, by striking
``quarterly'' and inserting ``annual'';
(2) in the subsection heading of subsection (a), by
striking ``Quarterly'' and inserting ``Annual''; and
(3) by striking ``quarter'' each place it appears
and inserting ``year''.
SEC. 146. REPORT ON ALTERNATIVE MANAGEMENT STRUCTURES FOR THE F-35
JOINT STRIKE FIGHTER PROGRAM.
(a) In General.--Not later than March 31, 2017, the
Secretary of Defense shall submit to the congressional defense
committees a report on potential alternative management
structures for the F-35 joint strike fighter program.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An analysis of potential alternative management
structures for the F-35 joint strike fighter program,
including--
(A) continuation of the joint program
office for the program;
(B) the establishment of separate program
offices for the program in the Department of
the Air Force and the Department of the Navy;
(C) the establishment of separate program
offices for each variant of the F-35A, F-35B,
and F-35C;
(D) division of responsibilities for the
program between a joint program office and the
military departments; and
(E) such other alternative management
structures as the Secretary determines to be
appropriate.
(2) An evaluation of the benefits and drawbacks of
each alternative management structure analyzed in the
report with respect to--
(A) cost;
(B) alignment of responsibility and
accountability; and
(C) the adequacy of representation from
military departments and program partners.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 147. 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. 148. 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 provide a
briefing to the congressional defense committees on the
acquisition strategy for the Ground Mobility Vehicle for use
with the Global Response Force of the 82nd Airborne Division.
(b) Elements.--The briefing under subsection (a) shall
include an assessment of the following:
(1) The feasability of acquiring the Ground
Mobility Vehicle--
(A) as a commercially available off-the-
shelf item (as such term is defined in section
104 of title 41, United States Code); or
(B) as a modified version of such an item.
(2) Whether acquiring the Ground Mobility Vehicle
in a manner described in paragraph (1) would satisfy
the requirements of the program and reduce the life-
cycle cost of the program.
(3) Whether the acquisition strategy for the Ground
Mobility Vehicle meets the focus areas specified in the
most recent version of the Better Buying Power
initiative of the Secretary of Defense.
(4) Whether including an active safety system in
the Ground Mobility Vehicle, such as the electronic
stability control system used on the joint light
tactical vehicle, would reduce the risk of vehicle
rollover.
SEC. 149. STUDY AND REPORT ON OPTIMAL MIX OF AIRCRAFT CAPABILITIES FOR
THE ARMED FORCES.
(a) Study.--
(1) In general.--The Secretary of Defense shall
conduct a study to determine--
(A) an optimal mix of short-range fighter-
class strike aircraft and long-range strike
aircraft for the use of the Armed Forces during
the covered period;
(B) an optimal mix of manned aerial
platforms and unmanned aerial platforms for the
use of the Armed Forces during such period; and
(C) an optimal mix of other aircraft and
capabilities for the use of the Armed Forces
during such period, including--
(i) long-range, medium-range, and
short-range intelligence, surveillance,
reconnaissance, or strike aircraft, or
combination of such aircraft;
(ii) aircraft with varying
observability characteristics;
(iii) land-based and sea-based
aircraft;
(iv) advanced legacy fourth-
generation aircraft platforms of proven
design;
(v) next generation air superiority
capabilities; and
(vi) advanced technology
innovations.
(2) Considerations.--In making the determinations
under paragraph (1), the Secretary shall consider
defense strategy, critical assumptions, priorities,
force size, and cost.
(b) Report.--
(1) In general.--Not later than April 14, 2017, the
Secretary shall submit to the appropriate congressional
committees a report that includes the following:
(A) The results of the study conducted
under subsection (a).
(B) A discussion of the specific
assumptions, observations, conclusions, and
recommendations of the study.
(C) A description of the modeling and
analysis techniques used for the study.
(D) A plan for fielding complementary
aircraft and capabilities identified as an
optimal mix in the study under subsection (a).
(E) A plan to meet objectives and fulfill
the warfighting capability and capacity
requirements of the combatant commands using
the aircraft and capabilities described in
subsection (a).
(2) Form.--The report under paragraph (1) may be
submitted in classified form, but shall include an
unclassified executive summary.
(3) Nonduplication of effort.--If any information
required under paragraph (1) has been included in
another report or notification previously submitted to
any of the appropriate congressional committees by law,
the Secretary may provide a list of such reports and
notifications at the time of submitting the report
required under such paragraph instead of including such
information in such report.
(4) Definitions.--ln this subsection:
(A) The term ``appropriate congressional
committees'' means the congressional defense
committees, the Select Committee on
Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(B) The term ``covered period'' means the
period beginning on the date of the enactment
of this Act and ending on January 1, 2030.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Laboratory quality enhancement program.
Sec. 212. Modification of mechanisms to provide funds for defense
laboratories for research and development of technologies for
military missions.
Sec. 213. Making permanent authority for defense research and
development rapid innovation program.
Sec. 214. Authorization for National Defense University and Defense
Acquisition University to enter into cooperative research and
development agreements.
Sec. 215. Manufacturing Engineering Education Grant Program.
Sec. 216. Notification requirement for certain rapid prototyping,
experimentation, and demonstration activities.
Sec. 217. Increased micro-purchase threshold for research programs and
entities.
Sec. 218. Improved biosafety for handling of select agents and toxins.
Sec. 219. Designation of Department of Defense senior official with
principal responsibility for directed energy weapons.
Sec. 220. Restructuring of the distributed common ground system of the
Army.
Sec. 221. Limitation on availability of funds for the countering weapons
of mass destruction system Constellation.
Sec. 222. Limitation on availability of funds for Defense Innovation
Unit Experimental.
Sec. 223. Limitation on availability of funds for Joint Surveillance
Target Attack Radar System (JSTARS) recapitalization program.
Sec. 224. Acquisition program baseline and annual reports on follow-on
modernization program for F-35 Joint Strike Fighter.
Subtitle C--Reports and Other Matters
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 research,
development, test, and evaluation centers of the Department of
Defense.
Sec. 234. Pilot program on modernization and fielding of electromagnetic
spectrum warfare systems and electronic warfare capabilities.
Sec. 235. Pilot program on disclosure of certain sensitive information
to federally funded research and development centers.
Sec. 236. Pilot program on enhanced interaction between the Defense
Advanced Research Projects Agency and the service academies.
Sec. 237. Independent review of F/A-18 physiological episodes and
corrective actions.
Sec. 238. B-21 bomber development program accountability matrices.
Sec. 239. Study on helicopter crash prevention and mitigation
technology.
Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum
Warfare Capabilities.
Sec. 241. Sense of Congress on development and fielding of fifth
generation airborne systems.
Subtitle A--Authorization of Appropriations
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.
Subtitle B--Program Requirements, Restrictions, and Limitations
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 mission
effectiveness 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, equipment, and
infrastructure.
(3) A panel on research strategy, technology
transfer, and industry and university partnerships.
(4) A panel on governance and oversight processes.
(c) Composition of Panels.--(1) Each panel described in
paragraphs (1) through (3) of subsection (b) may 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 as the Secretary determines
to be appropriate.
(2) 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;
(D) the Director of the Engineer Research and
Development Center of the Army Corps of Engineers; and
(E) 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) Each panel, in coordination with the Assistant
Secretary of Defense for Research and Engineering, shall
transmit to the Science and Technology Executive Committee of
the Department of Defense such information or findings on
topics requiring decision or approval as the panel considers
appropriate.
(e) Discharge of Certain Authorities to Conduct Personnel
Demonstration Projects.--Subparagraph (C) of section 342(b)(3)
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2721), as added by section
1114(a) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-315), is amended by inserting before
the period at the end the following: ``through the Assistant
Secretary of Defense for Research and Engineering (who shall
place an emphasis in the exercise of such authorities on
enhancing efficient operations of the laboratory and who may,
in exercising such authorities, request administrative support
from science and technology reinvention laboratories to review,
research, and adjudicate personnel demonstration project
proposals)''.
(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), as amended.
SEC. 212. MODIFICATION OF MECHANISMS TO PROVIDE FUNDS FOR DEFENSE
LABORATORIES FOR RESEARCH AND DEVELOPMENT OF
TECHNOLOGIES FOR MILITARY MISSIONS.
(a) Amount Authorized Under Current Mechanism.--Paragraph
(1) of subsection (a) of section 219 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (10
U.S.C. 2358 note) is amended in the matter before subparagraph
(A) by striking ``not more than three percent'' and inserting
``not less two percent and not more than four percent''.
(b) Additional Mechanism to Provide Funds.--Such subsection
is further amended by adding at the end the following new
paragraph:
``(3) Fee.--After consultation with the science and
technology executive of the military department
concerned, the director of a defense laboratory may
charge customer activities a fixed percentage fee, in
addition to normal costs of performance, in order to
obtain funds to carry out activities authorized by this
subsection. The fixed fee may not exceed four percent
of costs.''.
(c) Modification of Cost Limit Compliance for
Infrastructure Projects.--Subsection (b)(4) of such section is
amended by adding at the end the following new subparagraph:
``(C) Section 2802 of such title, with
respect to construction projects that exceed
the cost specified in subsection (a)(2) of
section 2805 of such title for certain
unspecified minor military construction
projects for laboratories.''.
(d) Repeal of Sunset.--Such section is amended by striking
subsection (d).
SEC. 213. MAKING PERMANENT AUTHORITY FOR DEFENSE RESEARCH AND
DEVELOPMENT RAPID INNOVATION PROGRAM.
Section 1073 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2359 note) is amended--
(1) in subsection (d), by striking ``for each of
fiscal years 2011 through 2023 may be used for any such
fiscal year'' and inserting ``for a fiscal year may be
used for such fiscal year''; and
(2) by striking subsection (f).
SEC. 214. AUTHORIZATION FOR NATIONAL DEFENSE UNIVERSITY AND DEFENSE
ACQUISITION UNIVERSITY TO ENTER INTO COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS.
(a) National Defense University.--Section 2165 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(f) Cooperative Research and Development Agreements.--(1)
In engaging in research and development projects pursuant to
subsection (a) of section 2358 of this title by a contract,
cooperative agreement, or grant pursuant to subsection (b)(1)
of such section, the Secretary may enter into such contract or
cooperative agreement or award such grant through the National
Defense University.
``(2) The National Defense University shall be considered a
Government-operated Federal laboratory for purposes of section
12 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a).''.
(b) Defense Acquisition University.--Section 1746 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Cooperative Research and Development Agreements.--(1)
In engaging in research and development projects pursuant to
subsection (a) of section 2358 of this title by a contract,
cooperative agreement, or grant pursuant to subsection (b)(1)
of such section, the Secretary may enter into such contract or
cooperative agreement or award such grant through the Defense
Acquisition University.
``(2) The Defense Acquisition University shall be
considered a Government-operated Federal laboratory for
purposes of section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a).''.
SEC. 215. MANUFACTURING ENGINEERING EDUCATION GRANT PROGRAM.
Section 2196 of title 10, United States Code, is amended to
read as follows:
``Sec. 2196. Manufacturing engineering education program
``(a) Establishment of Manufacturing Engineering Education
Program.--(1) The Secretary of Defense shall establish a
program under which the Secretary makes grants or other awards
to support--
``(A) the enhancement of existing programs in
manufacturing engineering education to further a
mission of the department; or
``(B) the establishment of new programs in
manufacturing engineering education that meet such
requirements.
``(2) Grants and awards under this section may be made to
industry, not-for-profit institutions, institutions of higher
education, or to consortia of such institutions or industry.
``(3) The Secretary shall establish the program in
consultation with the Secretary of Education, the Director of
the National Science Foundation, the Director of the Office of
Science and Technology Policy, and the secretaries of such
other relevant Federal agencies as the Secretary considers
appropriate.
``(4) The Secretary shall ensure that the program is
coordinated with Department programs associated with advanced
manufacturing.
``(5) The program shall be known as the `Manufacturing
Engineering Education Program'.
``(b) Geographical Distribution of Grants and Awards.--In
awarding grants and other awards under this subsection, the
Secretary shall, to the maximum extent practicable, avoid
geographical concentration of awards.
``(c) Covered Programs.--A program of engineering education
supported pursuant to this section shall meet the requirements
of this section.
``(d) Components of Program.--The program of education for
which such a grant is made shall be a consolidated and
integrated multidisciplinary program of education with an
emphasis on the following components:
``(1) Multidisciplinary instruction that
encompasses the total manufacturing engineering
enterprise and that may include--
``(A) manufacturing engineering education
and training through classroom activities,
laboratory activities, thesis projects,
individual or team projects, internships,
cooperative work-study programs, and
interactions with industrial facilities,
consortia, or such other activities and
organizations in the United States and foreign
countries as the Secretary considers
appropriate;
``(B) faculty development programs;
``(C) recruitment of educators highly
qualified in manufacturing engineering to teach
or develop manufacturing engineering courses;
``(D) presentation of seminars, workshops,
and training for the development of specific
manufacturing engineering skills;
``(E) activities involving interaction
between students and industry, including
programs for visiting scholars, personnel
exchange, or industry executives;
``(F) development of new, or updating and
modification of existing, manufacturing
curriculum, course offerings, and education
programs;
``(G) establishment of programs in
manufacturing workforce training;
``(H) establishment of joint manufacturing
engineering programs with defense laboratories
and depots; and
``(I) expansion of manufacturing training
and education programs and outreach for members
of the armed forces, dependents and children of
such members, veterans, and employees of the
Department of Defense.
``(2) Opportunities for students to obtain work
experience in manufacturing through such activities as
internships, summer job placements, or cooperative
work-study programs.
``(3) Faculty and student engagement with industry
that is directly related to, and supportive of, the
education of students in manufacturing engineering
because of--
``(A) the increased understanding of
manufacturing engineering challenges and
potential solutions; and
``(B) the enhanced quality and
effectiveness of the instruction that result
from that increased understanding.
``(e) Proposals.--The Secretary of Defense shall solicit
proposals for grants and other awards to be made pursuant to
this section for the support of programs of manufacturing
engineering education that are consistent with the purposes of
this section.
``(f) Merit Competition.--Applications for awards shall be
evaluated on the basis of merit pursuant to competitive
procedures prescribed by the Secretary.
``(g) Selection Criteria.--The Secretary may select a
proposal for an award pursuant to this section if the proposal,
at a minimum, does each of the following:
``(1) Contains innovative approaches for improving
engineering education in manufacturing technology.
``(2) Demonstrates a strong commitment by the
proponents to apply the resources necessary to achieve
the objectives for which the award is to be made.
``(3) Provides for effective engagement with
industry or government organizations that supports the
instruction to be provided in the proposed program and
is likely to improve manufacturing engineering and
technology.
``(4) Demonstrates a significant level of
involvement of United States industry in the proposed
instructional and research activities.
``(5) Is likely to attract superior students and
promote careers in manufacturing engineering.
``(6) Proposes to involve fully qualified personnel
who are experienced in manufacturing engineering
education and technology.
``(7) Proposes a program that, within three years
after the award is made, is likely to attract from
sources other than the Federal Government the financial
and other support necessary to sustain such program.
``(8) Proposes to achieve a significant level of
participation by women, members of minority groups, and
individuals with disabilities through active
recruitment of students from among such persons.
``(9) Trains students in advanced manufacturing and
in relevant emerging technologies and production
processes.
``(h) Institution of Higher Education Defined.--In this
section, the term `institution of higher education' has the
meaning given such term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).''.
SEC. 216. 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 five years after the date of the enactment of this
Act.
SEC. 217. INCREASED MICRO-PURCHASE THRESHOLD FOR RESEARCH PROGRAMS AND
ENTITIES.
(a) Increased Micro-purchase Threshold for Basic Research
Programs and Activities of the Department of Defense Science
and Technology Reinvention Laboratories.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2338. Micro-purchase threshold for basic research programs and
activities of the Department of Defense science and
technology reinvention laboratories
``Notwithstanding subsection (a) of section 1902 of title
41, the micro-purchase threshold for the Department of Defense
for purposes of such section is $10,000 for purposes of basic
research programs and for the activities of the Department of
Defense science and technology reinvention laboratories.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2338. Micro-purchase threshold for basic research programs and
activities of the Department of Defense science and technology
reinvention laboratories.''.
(b) Increased Micro-purchase Threshold for Universities,
Independent Research Institutes, and Nonprofit Research
Organizations.--Section 1902 of title 41, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and
inserting ``(1) Except as provided in section
2338 of title 10 and paragraph (2) of this
subsection, for purposes''; and
(B) by adding at the end the following new
paragraph:
``(2) For purposes of this section, the micro-purchase
threshold for procurement activities administered under
sections 6303 through 6305 of title 31 by institutions of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)), or related or
affiliated nonprofit entities, or by nonprofit research
organizations or independent research institutes is--
``(A) $10,000; or
``(B) such higher threshold as determined
appropriate by the head of the relevant executive
agency and consistent with clean audit findings under
chapter 75 of title 31, internal institutional risk
assessment, or State law.''; and
(2) in subsections (d) and (e), by striking ``not
greater than $3,000'' and inserting ``with a price not
greater than the micro-purchase threshold''.
SEC. 218. 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) Study.--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) Report.--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 ``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.
(2) The term ``covered facility'' means any
facility of the Department of Defense that produces
biological select agents and toxins.
SEC. 219. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR DIRECTED ENERGY
WEAPONS.
(a) Designation of Senior Official.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall 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.
(2) Development of strategic plan.--
(A) In general.--The senior official
designated under paragraph (1) shall develop a
detailed strategic plan to develop, mature, and
transition directed energy technologies to
acquisition programs of record.
(B) Roadmap.--Such strategic plan shall
include a strategic roadmap for the development
and fielding of directed energy weapons and key
enabling capabilities for the Department,
identifying and coordinating efforts across
military departments to achieve overall joint
mission effectiveness.
(3) Acceleration of development and fielding of
directed energy weapons capabilities.--
(A) In general.--To the degree practicable,
the senior official designated under paragraph
(1) shall use the flexibility of the policies
of the Department in effect on the day before
the date of the enactment of this Act, or any
successor policies, to accelerate the
development and fielding of directed energy
capabilities.
(B) Engagement.--The Secretary shall use
the flexibility of the policies of the
Department in effect on the day before the date
of the enactment of this Act, or any successor
policies, to ensure engagement with defense and
private industries, research universities, and
unaffiliated, nonprofit research institutions.
(4) Advice for exercises and demonstrations.--The
senior official designated under paragraph (1) shall,
to the degree practicable, provide technical advice and
support to entities in the Department of Defense and
the military departments conducting exercises or
demonstrations with the purpose of improving the
capabilities of or operational viability of technical
capabilities supporting directed energy weapons,
including supporting military utility assessments of
the relevant cost and benefits of directed energy
weapon systems.
(5) Support for development of requirements.--The
senior official designated under paragraph (1) shall
coordinate with the military departments, Defense
Agencies, and the Joint Directed Energy Transition
Office to define requirements for directed energy
capabilities that address the highest priority
warfighting capability gaps of the Department.
(6) Availability of information.--The Secretary of
Defense shall ensure that the senior official
designated under paragraph (1) has access to such
information on programs and activities of the military
departments and other defense agencies as the Secretary
considers appropriate to coordinate departmental
directed energy efforts.
(b) Joint Directed Energy Transition Office.--
(1) Redesignation.--The High Energy Laser Joint
Technology Office of the Department of Defense is
hereby redesignated as the ``Joint Directed Energy
Transition Office'' (in this subsection referred to as
the ``Office''), and shall report to the official
designated under subsection (a)(1).
(2) Additional functions.--In addition to the
functions and duties of the Office in effect on the day
before the date of the enactment of this Act, the
Office shall assist the senior official designated
under paragraph (1) of subsection (a) in carrying out
paragraphs (2) through (5) of such subsection.
(3) Funding.--The Secretary may make available such
funds to the Office for basic research, applied
research, advanced technology development, prototyping,
studies and analyses, and organizational support as the
Secretary considers appropriate to support the
efficient and effective development of directed energy
systems and technologies and transition of those
systems and technologies into acquisition programs or
operational use.
SEC. 220. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND SYSTEM OF THE
ARMY.
(a) In General.--Not later that 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 new software
code, excluding the configuration and testing of system
interfaces to commercial, open source, and existing
Government off the shelf (GOTS) software, of any
component of the system for which there is commercial,
open source, or Government off the shelf 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 for major system components.
(b) Limitation.--The Secretary of the Army shall not award
any contract for the development of new component software
capability for the distributed common ground system of the Army
if such a capability is already a commercial item or open
source, except for configuration of capabilities that are
incidental to and necessary for the proper functioning of the
system.
(c) Report Required.--
(1) Requirement.--Not later than March 1, 2018, the
Under Secretary of Defense for Acquisition, Technology
and Logistics, in consultation with the Director,
Operational Test and Evaluation, shall submit to the
congressional defense committees a report on the
Increment 2 of the distributed common ground system of
the Army.
(2) Elements of report.--The report required by
paragraph (1) shall include, at a minimum, the
following:
(A) The overall assessment of the system
and each individual major component of the
system.
(B) The status of alignment with the
Intelligence Community Information Technology
Enterprise (IC-ITE).
(C) The ease of use of Increment 2 as
compared with Increment 1 for operators in
deployed environments.
(D) The extent to which a common,
synchronized view of all system data is
globally available to all system users, at all
times.
(E) The level of maturity of the
technologies underlying core system components
and application programming interfaces.
(F) The extent to which program operators
can move data seamlessly between different
components of the system.
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COUNTERING
WEAPONS OF MASS DESTRUCTION SYSTEM CONSTELLATION.
(a) Limitation.--Not more than 50 percent 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 until the report required by subsection (b)(4) has been
delivered to the congressional defense committees.
(b) Independent Review and Assessment.--
(1) In general.--The Secretary of Defense shall
provide for an independent review and assessment of the
requirements and implementation for research,
development, and prototyping for the Constellation
system prior to a Milestone A decision or other
operational use.
(2) Elements of independent review.--The
independent review provided for under paragraph (1)
shall include the following:
(A) 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.
(B) A review of the requirements validated
in the Information System Initial Capabilities
Document (ISICD) and capability gaps identified
for duplication and redundancy with other
validated information technology requirements
and capability gaps.
(C) 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.
(D) 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.
(E) 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.
(3) Entity conducting independent review and
assessment.--The Secretary shall ensure that--
(A) the independent review and assessment
provided for under paragraph (1) is conducted
by a federally funded research and development
center selected (or entered into an arrangement
with) by the Secretary or such other entity as
the Secretary considers appropriate; and
(B) such center or entity provides periodic
updates to the congressional defense committees
on such independent review and assessment prior
to the completion of the independent review and
assessment.
(4) Report on independent review and assessment.--
The Secretary shall submit to the congressional defense
committees a report containing--
(A) the findings of the center or entity
selected (or entered into an arrangement with)
under paragraph (3)(A) with respect to the
independent review and assessment conducted by
such center or entity pursuant to such
paragraph; and
(B) an assessment of the need to continue
Constellation research, development, and
prototyping.
SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE INNOVATION
UNIT EXPERIMENTAL.
(a) Limitation.--
(1) Operation and maintenance.--Of the funds
specified in subsection (c)(1), not more than 75
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).
(2) Research, development, test, and evaluation.--
Of the funds specified in subsection (c)(2), not more
than 25 percent may be obligated or expended until the
date on which the Secretary 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 management and operations of the
Unit, including--
(i) the governance structure of the
Unit;
(ii) the process for coordinating
and deconflicting the activities of the
Unit with similar activities of the
Small Business Innovation Research
Program, 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;
(iii) the direct staffing
requirements of the Unit, including a
description of the desired skills and
expertise of such staff at each
location;
(iv) the number of civilian and
military personnel provided by the
military departments and Defense
Agencies to support the Unit; and
(v) 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; and
(B) policies and practices that will enable
the Unit to best support Department of Defense
missions, including--
(i) the metrics used to measure the
effectiveness of the Unit;
(ii) how compliance with Department
of Defense or Federal Government
requirements could affect the ability
of nontraditional defense contractors
(as such term is defined in section
2302 of title 10, United States Code)
to market products and obtain funding;
(iii) how to treat intellectual
property that has been developed with
little or no government funding;
(iv) detailed justification for the
expansion of the mission of the Unit,
including authority to use research and
development agreements, contracts, and
merit-based prize competitions to
explore emerging technologies and
additional physical locations;
(v) a description of how existing
Department of Defense agencies,
services, entities, and other elements
are authorized to better use
streamlined acquisition procedures,
research and development agreements,
contracts, and merit-based prize
competitions to explore emerging
technologies, including modification of
guidance and procedures to permit
effective and streamlined
implementation of authorities provided
by Congress for rapid execution;
(vi) an account of the successes
and failures of contracts already
awarded by the unit;
(vii) recommendations on practices,
policies, and authorities that will
permit increased public-private
partnership in financing and funding of
research and technology development
efforts; and
(viii) a description of technology
transition strategies to ensure that
research and technology programs funded
by the Unit will be effectively and
efficiently transitioned into
operational use or acquisition
programs, including a description of
the role of Defense laboratories in
such technology transition efforts.
(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. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT SURVEILLANCE
TARGET ATTACK RADAR SYSTEM (JSTARS)
RECAPITALIZATION PROGRAM.
(a) In General.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 or any other
fiscal year for the Air Force may be made available for the Air
Force's Joint Surveillance Target Attack Radar System (JSTARS)
recapitalization program unless the contract for engineering
and manufacturing development uses a firm fixed-price contract
structure.
(b) National Security Waiver Authority.--The Secretary of
Defense may waive the limitation in subsection (a) if the
Secretary determines that such a waiver is in the national
security interests of the United States.
SEC. 224. ACQUISITION PROGRAM BASELINE AND ANNUAL REPORTS ON FOLLOW-ON
MODERNIZATION PROGRAM FOR F-35 JOINT STRIKE
FIGHTER.
(a) Limitation.--The Secretary of Defense may not award any
follow-on modernization development contracts for the F-35
Joint Strike Fighter until the Secretary has submitted the
report required by subsection (b)(1) in accordance with such
subsection.
(b) Acquisition Program Baseline.--
(1) In general.--Not later than March 31, 2017, the
Secretary of Defense shall submit to the congressional
defense committees a report that contains the basic
elements of an acquisition program baseline for Block 4
Modernization.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) Cost estimates for development,
production, and modification.
(B) Projected key schedule dates, including
dates for the completion of--
(i) a capabilities development
document;
(ii) an independent cost estimate;
(iii) an initial preliminary design
review;
(iv) a development contract award;
and
(v) a critical design review.
(C) Technical performance parameters.
(D) Technology readiness levels.
(E) Annual funding profiles for development
and procurement.
(c) Review by Comptroller General of the United States.--
Not later than 60 days after the date on which the report
required by subsection (b)(1) is submitted to the congressional
defense committees in accordance with such subsection, the
Comptroller General of the United States shall--
(1) review such report; and
(2) brief the congressional defense committees on
the findings of the Comptroller General with respect to
such review.
(d) Annual Reports by Secretary of Defense.--Not later than
one year after the date on which the Secretary awards a
development contract for follow-on modernization of the F-35
Joint Strike Fighter and not less frequently than once each
year thereafter until March 31, 2023, the Secretary shall
submit to the congressional defense committees a report on the
cost, schedule, and performance progress against the baseline
set forth in the report submitted pursuant to subsection
(b)(1).
Subtitle C--Reports and Other Matters
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, 2019.
(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,
workforce, and investments in science and technology.
(8) A research and development strategy to ensure
that the Department of Defense can, to the maximum
extent practicable, use state of the art commercial
microelectronics capabilities or their equivalent,
while satisfying the needs for trust.
(9) Recommendations for changes in authorities,
regulations, and practices, including acquisition
policies, financial management, public-private
partnership policies, or in any other relevant areas,
that would support the achievement of the goals of the
strategy.
(c) Submission and Updates.--(1) 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.
(2) Not later than two years after submitting the strategy
under paragraph (1) and not less frequently than once every two
years thereafter until September 30, 2024, the Secretary shall
update the strategy as the Secretary considers appropriate to
support Department of Defense missions.
(d) Directive Required.--Not later than September 30, 2019,
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) Report and Certification.--Not later than September 30,
2020, the Secretary of the Defense shall submit to the
congressional defense committees--
(1) a report on--
(A) the status of the implementation of the
strategy developed under subsection (a);
(B) the actions being taken to achieve full
implementation of such strategy, and a timeline
for such implementation; and
(C) the status of the implementation of the
directive required by subsection (d); and
(2) a certification of whether 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) Definitions.--In this section:
(1) The term ``assured'' refers, with respect to
microelectronics, to the ability of the Department of
Defense to guarantee availability of microelectronics
parts at the necessary volumes and with the performance
characteristics required to meet the needs of the
Department of Defense.
(2) 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 may 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 RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE
DEPARTMENT OF DEFENSE.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense and the
secretaries of the military departments shall jointly
carry out a pilot program to demonstrate methods for
the more effective development of technology and
management of functions at eligible centers.
(2) Eligible centers.--For purposes of the pilot
program, the eligible centers are--
(A) the science and technology reinvention
laboratories, as specified in section 1105(a)
of the National Defense Authorization Act for
Fiscal Year 2010 (10 U.S.C. 2358 note);
(B) the test and evaluation centers which
are activities specified as part of the Major
Range and Test Facility Base in Department of
Defense Directive 3200.11; and
(C) the Defense Advanced Research Projects
Agency.
(b) Selection.--
(1) In general.--The secretaries described in
subsection (a) shall ensure that participation in the
pilot program includes--
(A) the Defense Advanced Research Projects
Agency; and
(B) in accordance with paragraph (2)--
(i) five additional eligible
centers described in subparagraph (A)
of subsection (a)(2) from each of the
military departments; and
(ii) five additional eligible
centers described in subparagraph (B)
of such subsection from each of the
military departments.
(2) Selection procedures.--(A) The head of an
eligible center described in subparagraph (A) or (B) of
subsection (a)(2) seeking to participate in the pilot
program shall submit to the appropriate reviewer an
application therefor at such time, in such manner, and
containing such information as the appropriate reviewer
shall specify.
(B) Not later than 120 days after the date of the
enactment of this Act, each appropriate reviewer
shall--
(i) evaluate each application received
under subparagraph (A); and
(ii) approve or disapprove of the
application.
(C) If the head of an eligible center submits an
application under subparagraph (A) in accordance with
the requirements specified by the appropriate reviewer
for purposes of such subparagraph and the appropriate
reviewer neither approves nor disapproves such
application pursuant to subparagraph (B)(ii) on or
before the date that is 120 days after the date of the
enactment of this Act, such eligible center shall be
considered a participant in the pilot program.
(D) For purposes of this paragraph, the appropriate
reviewer is--
(i) in the case of an eligible center
described in subparagraph (A) of subsection
(a)(2), the Laboratory Quality Enhancement
Program; and
(ii) in the case of an eligible center
described in subparagraph (B) of such
subsection, the Director of the Test Resource
Management Center.
(c) Participation in Program.--
(1) In general.--Subject to paragraph (2), the head
of each eligible center selected under subsection
(b)(1) shall propose and implement alternative and
innovative methods of effective management and
operations of eligible centers, 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;
(B) enable more efficient and effective
operations of supporting activities, such as--
(i) facility management,
construction, and repair;
(ii) business operations;
(iii) personnel management policies
and practices; and
(iv) intramural and public
outreach; and
(C) enable more rapid deployment of
warfighter capabilities.
(2) Implementation.--(A) The head of an eligible
center described in subparagraph (A) or (B) of
subsection (a)(2) shall implement each method proposed
under paragraph (1) unless such method is disapproved
in writing by the Assistant Secretary concerned within
60 days of receiving a proposal from an eligible center
selected under subsection (b)(1) by such Assistant
Secretary.
(B) The Director of the Defense Advanced Research
Projects Agency shall implement each method proposed
under paragraph (1) unless such method is disapproved
in writing by the Chief Management Officer within 60
days of receiving a proposal from the Director.
(C) In this paragraph, the term ``Assistant
Secretary concerned'' means--
(i) the Assistant Secretary of the Air
Force for Acquisition, with respect to matters
concerning the Air Force;
(ii) the Assistant Secretary of the Army
for Acquisition, Technology, and Logistics,
with respect to matters concerning the Army;
and
(iii) the Assistant Secretary of the Navy
for Research, Development, and Acquisition,
with respect to matters concerning the Navy.
(d) Waiver Authority for Demonstration and
Implementation.--Until the termination of the pilot program
under subsection (e), the head of an eligible center selected
under subsection (b)(1) may waive any regulation, restriction,
requirement, guidance, policy, procedure, or departmental
instruction that would affect the implementation of a method
proposed under subsection (c)(1), unless such implementation
would be prohibited by a provision of a Federal statute or
common law.
(e) Termination.--The pilot program shall terminate on
September 30, 2022.
(f) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the pilot program.
(2) Contents.--The report required by paragraph (1)
shall include the following:
(A) Identification of the eligible centers
participating in the pilot program.
(B) Identification of the eligible centers
whose applications to participate in the pilot
program were disapproved under subsection (b),
including justifications for such disapprovals.
(C) A description of the methods
implemented pursuant to subsection (c).
(D) A description of the methods that were
proposed pursuant to paragraph (1) of
subsection (c) but disapproved under paragraph
(2) of such subsection.
(E) An assessment of how methods
implemented pursuant to subsection (c) have
contributed to the objectives identified in
subparagraphs (A), (B), and (C) of paragraph
(1) of such subsection.
SEC. 234. PILOT PROGRAM ON MODERNIZATION AND FIELDING OF
ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND
ELECTRONIC WARFARE CAPABILITIES.
(a) Pilot Program.--
(1) In general.--The Secretary of Defense may carry
out a pilot program on the modernization and fielding
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 240(b)(4) a total of 10
electromagnetic spectrum warfare systems and electronic
warfare systems across at least two military
departments for modernization and fielding under the
pilot program.
(b) Termination.--The pilot program authorized by
subsection (a) shall terminate on September 30, 2023.
(c) Funding.--For the purposes of this pilot program, funds
authorized to be appropriated for electromagnetic spectrum
warfare and electronic warfare may be used for the development
and fielding of electromagnetic spectrum warfare systems and
electronic warfare capabilities.
(d) 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. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE INFORMATION
TO FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS.
(a) In General.--The Secretary of Defense shall carry out a
pilot program on--
(1) permitting officers and employees of the
Department of Defense to disclose sensitive information
to federally funded research and development centers of
the Department for the sole purpose of the performance
of administrative, technical, or professional services
under and within the scope of the contracts with the
parent organizations of such federally funded research
and development centers; and
(2) appropriately protecting proprietary
information from unauthorized disclosure or use by such
centers.
(b) FFRDCs.--The pilot program shall be carried out with
one or more federally funded research and development centers
of the Department selected by the Secretary for participation
in the pilot program.
(c) FFRDC Personnel.--Sensitive information may be
disclosed to personnel of a federally funded research and
development center under the pilot program only if such
personnel and contractors agree to be subject to, and comply
with, appropriate ethics standards and requirements applicable
to Government personnel, including the Ethics in Government Act
of 1978, section 1905 of title 18, United States Code, and
chapter 21 of title 41, United States Code.
(d) Conditions on Disclosure.--Sensitive information may be
disclosed under the pilot program only if the federally funded
research and development center concerned and its parent
organization agree to and acknowledge in the parent
organization's contract with the Department of Defense that--
(1) sensitive information furnished to the
federally funded research and development center will
be accessed and used only for the purposes stated in
the contract between the parent organization of the
federally funded research and development center and
the Department of Defense;
(2) the federally funded research and development
center will take all precautions necessary to prevent
disclosure of the sensitive information furnished to
anyone not authorized access to the information in
order to perform the applicable contract;
(3) sensitive information furnished under the pilot
program shall not be used by the federally funded
research and development center or parent organization
to compete against a third party for a Government or
non-Government contract or funding, or to support other
current or future research or technology development
activities performed by the federally funded research
and development center; and
(4) any personnel of a federally funded research
and development center participating in the pilot
program may not disclose or use any trade secrets or
any nonpublic information accessed under the pilot
program, unless specifically authorized by this
section.
(e) Duration.--(1) The pilot program may commence at any
time after the review and issuance of policy guidance, updated
appropriately, pertaining to the identification, mitigation,
and prevention of potentially unfair competitive advantage
conferred to federally funded research and development center
personnel with access to sensitive information who serve as
technical advisors to acquisition programs.
(2) The pilot program shall terminate on the date that is
three years after the date of the commencement of the pilot
program.
(f) Assessment.--Not later than two years after the
commencement of the pilot program, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot program, including an assessment of the
effectiveness of activities under the pilot program in
improving acquisition processes and the effectiveness of
protections of private-sector intellectual property in the
course of such activities.
(g) Sensitive Information Defined.--In this section, the
term ``sensitive information'' means confidential commercial,
financial, or proprietary information, technical data, contract
performance, contract performance evaluation, management, and
administration data, or other privileged information owned by
other contractors of the Department of Defense that is exempt
from public disclosure under section 552(b)(4) of title 5,
United States Code, or which would otherwise be prohibited from
disclosure under section 1832 or 1905 of title 18, United
States Code.
SEC. 236. PILOT PROGRAM ON ENHANCED INTERACTION BETWEEN THE DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY AND THE SERVICE
ACADEMIES.
(a) In General.--The Secretary of Defense, acting through
the Director of the Defense Advanced Research Projects Agency,
shall carry out a pilot program to enhance interaction between
the Defense Advanced Research Projects Agency and the service
academies to promote technology transition, education, and
training in science, technology, engineering, and mathematics
fields that are relevant to the Department of Defense.
(b) Awards of Funds.--(1) In carrying out the pilot
program, the Secretary, acting through the Director, shall
provide funds to contractors and grantees of the Defense
Advanced Research Projects Agency in order to encourage such
contractors and grantees to develop research partnerships with
the service academies to support more efficient and effective
technology transition of research programs and products.
(2) It shall be the responsibility of the Director to
ensure that such funds are used effectively and that sufficient
efforts are made to build appropriate partnerships.
(c) Service Academy Technology Transition Networks.--In
carrying out the pilot program, the Director shall prioritize
the leveraging of--
(1) the technology transition networks that service
academies maintain among their academic departments and
resident research centers; and
(2) partnerships with Department of Defense
laboratories, other Federal degree granting
institutions, academia, and industry.
(d) Termination.--The authority to carry out the pilot
program shall terminate on September 30, 2020.
(e) Service Academies Defined.--In this section, the term
``service academies'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) Th United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
SEC. 237. 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. 238. B-21 BOMBER DEVELOPMENT PROGRAM ACCOUNTABILITY MATRICES.
(a) Submittal of Matrices.--Concurrent with the President's
annual budget request submitted to Congress under section 1105
of title 31, United States Code, for fiscal year 2018, the
Secretary of the Air Forces shall submit to the congressional
defense committees and the Comptroller General of the United
States the matrices described in subsection (b) relating to the
B-21 bomber aircraft program.
(b) Matrices Described.--The matrices described in this
subsection are the following:
(1) EMD goals.--A matrix that identifies, in six
month increments, key milestones, development events,
and specific performance goals for the EMD phase of the
B-21 bomber aircraft program, which shall be
subdivided, at a minimum, according to the following:
(A) Technology readiness levels of major
components and key demonstration events.
(B) Design maturity.
(C) Software maturity.
(D) Manufacturing readiness levels for
critical manufacturing operations and key
demonstration events.
(E) Manufacturing operations.
(F) System verification and key flight test
events.
(G) Reliability.
(2) Cost.--A matrix expressing, in six month
increments, the total cost for the Air Force service
cost position for the EMD phase and low initial rate of
production lots of the B-21 bomber aircraft and a
matrix expressing the total cost for the prime
contractor's estimate for such EMD phase and production
lots, both of which shall be phased over the entire EMD
period and subdivided according to the costs of the
following:
(A) Air vehicle.
(B) Propulsion.
(C) Mission systems.
(D) Vehicle subsystems.
(E) Air vehicle software.
(F) Systems engineering.
(G) Program management.
(H) System test and evaluation.
(I) Support and training systems.
(J) Contract fee.
(K) Engineering changes.
(L) Direct mission support, including
Congressional General Reductions.
(M) Government testing.
(c) Semiannual Update of Matrices.--
(1) In general.--Not later than 180 days after the
date on which the Secretary of the Air Force submits
the matrices required by subsection (a), concurrent
with the submittal of each annual budget request to
Congress under section 1105 of title 31, United States
Code, thereafter, and not later than 180 days after
each such submittal, the Secretary of the Air Force
shall submit to the congressional defense committees
and the Comptroller General of the United States
updates to the matrices described in subsection (b).
(2) Elements.--Each update submitted under
paragraph (1) shall detail progress made toward the
goals identified in the matrix described in subsection
(b)(1) and provide updated cost estimates.
(3) Treatment of initial matrices as baseline.--The
matrices submitted pursuant to subsection (a) shall be
treated as the baseline for the full EMD phase and low
rate initial production of the B-21 bomber aircraft
program for purposes of the updates submitted pursuant
to paragraph (1) of this subsection.
(d) Assessment by Comptroller General of the United
States.--Not later than the date that is 45 days after the date
on which the Comptroller General of the United States receives
an update to a matrix under subsection (d)(1), the Comptroller
General shall review the sufficiency of such matrix and submit
to the congressional defense committees an assessment of such
matrix, including by identifying cost, schedule, or performance
trends.
SEC. 239. 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 the House of
Representatives (and the 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. 240. STRATEGY FOR IMPROVING ELECTRONIC AND ELECTROMAGNETIC
SPECTRUM WARFARE CAPABILITIES.
(a) Strategy 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 strategy on the electronic and electromagnetic spectrum
warfare capabilities of the Department of Defense.
(b) Elements.--The strategy required by 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 intra-
service ground and air interoperabilities, as well as
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) A description of the training and operational
support required for fielding and sustaining current
and planned investments in electronic warfare
capabilities, including the requirements for conducting
large-scale simulated exercises and training in
contested electronic warfare environments.
(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) A description of the threat environment for
electromagnetic spectrum for current and future warfare
needs.
(6) An assessment of progress on increasing
interoperability between Services and Agencies, as well
as increasing application of innovative electromagnetic
spectrum warfighting methods and operational concepts
that provide advantages within the electromagnetic
spectrum operational domain.
(7) Specific attributes needed in future electronic
and electromagnetic spectrum warfare capabilities, such
as networking, adaptability, agility,
multifunctionality, and miniaturization, and progress
toward incorporating such attributes in new electronic
warfare systems.
(8) Capability gaps with respect to asymmetric and
near-peer adversaries identified pursuant to a
capability gap assessment.
(9) A joint strategy on achieving near real-time
system adaption to rapidly advancing modern digital
electronics.
(10) Any other information the Secretary determines
to be appropriate.
(c) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Electronic Warfare Executive Committee Defined.--In
this section the term ``Electronic Warfare Executive
Committee'' means the committee established on March 17, 2015,
and chartered on August 11, 2015, by the Deputy Secretary of
Defense to serve as the principal forum within the Department
of Defense to inform, coordinate, and evaluate electronic
warfare matters to maintain a strong technological advantage in
United States capabilities.
SEC. 241. SENSE OF CONGRESS ON DEVELOPMENT AND FIELDING OF FIFTH
GENERATION AIRBORNE SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) The term ``fifth generation'', with respect to
airborne systems, means those airborne systems capable
of operating effectively in highly contested battle
spaces defined by the most capable currently fielded
threats, and those reasonably expected to be
operational in the foreseeable future.
(2) Continued modernization of Department of
Defense airborne systems such as fighters, bombers, and
intelligence, surveillance, and reconnaissance (ISR)
aircraft with fifth generation capabilities is required
because--
(A) adversary integrated air defense
systems (IADS) have created regions where
fourth generation airborne systems may be
limited in their ability to effectively
operate;
(B) adversary aircraft, air-to-air
missiles, and airborne electronic attack or
electronic protection systems are advancing
beyond the capabilities of fourth generation
airborne systems; and
(C) fifth generation airborne systems
provide a wider variety of options for a given
warfighting challenge, preserve the
technological advantage of the United States
over near-peer threats, and serve as a force
multiplier by increasing situational awareness
and combat effectiveness of fourth generation
airborne systems.
(b) Sense of Congress.--It is the sense of Congress that
development and fielding of fifth generation airborne system
systems should include the following:
(1) Multispectral (radar, infrared, visual,
emissions) low observable (LO) design features, self-
protection jamming, and other capabilities that
significantly delay or deny threat system detection,
tracking, and engagement.
(2) Integrated avionics that autonomously fuse and
prioritize onboard multispectral sensors and offboard
information data to provide an accurate realtime
operating picture and data download for postmission
exploitation and analysis.
(3) Resilient communications, navigation, and
identification techniques designed to effectively
counter adversary attempts to deny or confuse friendly
systems.
(4) Robust and secure networks linking individual
platforms to create a common, accurate, and highly
integrated picture of the battle space for friendly
forces.
(5) Advanced onboard diagnostics capable of
monitoring system health, accurately reporting system
faults, and increasing overall system performance and
reliability.
(6) Integrated platform and subsystem designs to
maximize lethality and survivability while enabling
decision superiority.
(7) Maximum consideration for the fielding of
unmanned platforms either employed in concert with
fifth generation manned platforms or as standalone
unmanned platforms, to increase warfighting
effectiveness and reduce risk to personnel during high
risk missions.
(8) Advanced air-to-air, air-to-ground, and other
weapons able to leverage fifth generation capabilities.
(9) Comprehensive and high-fidelity live, virtual,
and constructive training systems, updated range
infrastructure, and sufficient threat-representative
adversary training assets to maximize fifth generation
force proficiency, effectiveness, and readiness while
protecting sensitive capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Modified reporting requirement related to installations energy
management.
Sec. 312. Waiver authority for alternative fuel procurement requirement.
Sec. 313. Utility data management for military facilities.
Sec. 314. Alternative technologies for munitions disposal.
Sec. 315. Report on efforts to reduce high energy costs at military
installations.
Sec. 316. Sense of Congress on funding decisions relating to climate
change.
Subtitle C--Logistics and Sustainment
Sec. 321. Revision of deployability rating system and planning reform.
Sec. 322. Revision of guidance relating to corrosion control and
prevention executives.
Sec. 323. Pilot program for inclusion of certain industrial plants in
the Armament Retooling and Manufacturing Support Initiative.
Sec. 324. Repair, recapitalization, and certification of dry docks at
naval shipyards.
Sec. 325. Private sector port loading assessment.
Sec. 326. Strategy on revitalizing Army organic industrial base.
Subtitle D--Reports
Sec. 331. Modifications to Quarterly Readiness Report to Congress.
Sec. 332. Report on average travel costs of members of the reserve
components.
Sec. 333. Report on HH-60G sustainment and Combat Rescue Helicopter
program.
Subtitle E--Other Matters
Sec. 341. Air navigation matters.
Sec. 342. Contract working dogs.
Sec. 343. Plan, funding documents, and management review relating to
explosive ordnance disposal.
Sec. 344. Process for communicating availability of surplus ammunition.
Sec. 345. Mitigation of risks posed by window coverings with accessible
cords in certain military housing units.
Sec. 346. Access to military installations by transportation companies.
Sec. 347. Access to wireless high-speed Internet and network connections
for certain members of the Armed Forces.
Sec. 348. Limitation on availability of funds for Office of the Under
Secretary of Defense for Intelligence.
Sec. 349. Limitation on development and fielding of new camouflage and
utility uniforms.
Sec. 350. Plan for improved dedicated adversary air training enterprise
of the Air Force.
Sec. 351. Independent review and assessment of the Ready Aircrew Program
of the Air Force.
Sec. 352. Study on space-available travel system of the Department of
Defense.
Sec. 353. Evaluation of motor carrier safety performance and safety
technology.
Subtitle A--Authorization of Appropriations
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.
Subtitle B--Energy and Environment
SEC. 311. MODIFIED REPORTING REQUIREMENT RELATED TO INSTALLATIONS
ENERGY MANAGEMENT.
Subsection (a) of section 2925 of title 10, United States
Code, is amended--
(1) in the subsection heading, by inserting ``,
Resiliency, and Mission Assurance'' after ``Annual
Report Related to Installations Energy Management'';
(2) by striking paragraphs (2), (3), (4), (5), (6),
(7), (8), and (10);
(3) by redesignating paragraphs (9) and (11) as
paragraphs (3), and (4), respectively; and
(4) by inserting after paragraph (1), the
following:
``(2) A description of the energy savings, return
on investment, and enhancements to installation mission
assurance realized by the fulfillment of the goals
described in paragraph (1).''.
SEC. 312. WAIVER AUTHORITY FOR ALTERNATIVE FUEL PROCUREMENT
REQUIREMENT.
(a) In General.--The Secretary of Defense may waive the
requirement under section 526 of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142) if
the Secretary determines it is in the national security
interest of the United States.
(b) Notification Requirement.--The Secretary of Defense
shall notify the congressional defense committees not later
than 15 days after exercising the waiver authority under
subsection (a).
SEC. 313. UTILITY DATA MANAGEMENT FOR MILITARY FACILITIES.
(a) Pilot Program.--The Secretary of Defense, in
consultation with the Secretary of Energy, may carry out a
pilot program to investigate the use of utility data management
services to perform utility bill aggregation, analysis, third-
party payment, storage, and distribution for the Department of
Defense.
(b) Use of Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2017 for operation and maintenance, Navy, for enterprise
information, not more than $250,000 may be obligated or
expended to carry out the pilot program under subsection (a).
SEC. 314. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL.
In carrying out the disposal of munitions in the stockpile
of conventional munitions awaiting demilitarization and
disposal, the Secretary of the Army may use 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. 315. REPORT ON EFFORTS TO REDUCE HIGH ENERGY COSTS AT MILITARY
INSTALLATIONS.
(a) Report.--
(1) Report required.--Not later than 270 days after
the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, in conjunction with the assistant
secretaries responsible for installations and
environment for the military services and the Defense
Logistics Agency, shall submit to the congressional
defense committees a report detailing the efforts to
achieve cost savings at military installations with
high levels of energy intensity.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) A comprehensive, installation-specific
assessment of feasible and mission-appropriate
energy initiatives supporting energy production
and consumption at military installations with
high levels of energy intensity.
(B) An assessment of current sources of
energy in areas with high energy costs and
potential future sources that are
technologically feasible, cost-effective, and
mission-appropriate for military installations.
(C) A comprehensive implementation strategy
to include required investment for feasible
energy efficiency options determined to be the
most beneficial and cost-effective, where
appropriate, and consistent with Department of
Defense priorities.
(D) An explanation of how military services
are working collaboratively in order to
leverage lessons learned on potential energy
efficiency solutions.
(E) An assessment of the extent to which
activities administered under the Federal
Energy Management Program could be used to
assist with the implementation strategy.
(F) An assessment of State and local
partnership opportunities that could achieve
efficiency and cost savings, and any
legislative authorities required to carry out
such partnerships or agreements.
(3) Coordination with state and local and other
entities.--In preparing the report required under
paragraph (1), the Under Secretary may work in
conjunction and coordinate with the States containing
areas of high levels of energy intensity, local
communities, and other Federal departments and
agencies.
(b) Definitions.--In this section, the term ``high levels
of energy intensity'' means costs for the provision of energy
by kilowatt of electricity or British thermal unit of heat or
steam for a military installation in the United States that is
in the highest 20 percent of all military installations for a
military department.
SEC. 316. SENSE OF CONGRESS ON FUNDING DECISIONS RELATING TO CLIMATE
CHANGE.
It is the sense of Congress that--
(1) decisions relating to the funding of the
Department of Defense for fiscal year 2017 should
prioritize the support and enhancement of the combat
capabilities of the Department, in addition to seeking
efficiency and efficacy;
(2) funds should be allocated among the programs of
the Department in the manner that best serves the
national security interests of the United States; and
(3) decisions relating to energy efficiency, energy
use, and climate change should adhere to the principles
described in paragraphs (1) and (2).
Subtitle C--Logistics and Sustainment
SEC. 321. 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:
``Sec. 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. 322. REVISION OF GUIDANCE RELATING TO CORROSION CONTROL AND
PREVENTION EXECUTIVES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in coordination with
the Director of Corrosion Policy and Oversight for the
Department of Defense, shall revise guidance relating to
corrosion control and prevention executives to--
(1) clarify the role of each such executive with
respect to assisting the Office of Corrosion Policy and
Oversight in holding the appropriate project management
office in each military department accountable for
submitting the annual report required under section
903(b)(5) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 10 U.S.C. 2228 note); and
(2) ensure that corrosion control and prevention
executives emphasize the reduction of corrosion and the
effects of corrosion on the military equipment and
infrastructure of the Department of Defense, as
required in the long-term strategy of the Department of
Defense under section 2228(d) of title 10, United
States Code.
(b) Corrosion Control and Prevention Executive Defined.--In
this section, the term ``corrosion control and prevention
executive'' means the employee of a military department
designated as the corrosion control and prevention executive of
the department under section 903(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 10 U.S.C. 2228 note).
SEC. 323. 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 may treat a
Government-owned, contractor-operated industrial plant of the
Department of Defense as an eligible facility under section
4551(2) of title 10, United States Code.
SEC. 324. REPAIR, RECAPITALIZATION, AND CERTIFICATION OF DRY DOCKS AT
NAVAL SHIPYARDS.
(a) Special Authority to Transfer Authorizations.--In
addition to the authority to transfer funds provided under
section 1001, the Secretary of Defense may transfer not more
than $250,000,000 of authorizations made available to the
Department of Defense in this Act for fiscal year 2017 to the
Department of the Navy for the repair, recapitalization, and
certification of dry docks at Government-owned, Government-
operated shipyards of the Navy.
(b) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
(c) Terms and Conditions.--
(1) In general.--Except as provided in paragraph
(2), transfers under this section shall be subject to
the same terms and conditions as transfers under
section 1001.
(2) Effect on dollar limit.--A transfer of funds
under this section shall not be counted toward the
dollar limitation described in section 1001(a)(2).
SEC. 325. 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 (c), 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) Briefings Required.--Not later than 30 days after the
date of the enactment of this Act, 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.
(d) 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. 326. STRATEGY ON REVITALIZING ARMY ORGANIC INDUSTRIAL BASE.
(a) Strategy.--Not later than October 1, 2017, the
Secretary of Army shall submit to the congressional defense
committees a strategy to revitalize the organic industrial base
of the Army.
(b) Elements.--The strategy under subsection (a) shall
include, with respect to the organic industrial base of the
Army, the following:
(1) A plan to ensure the long-term viability of the
organic industrial base.
(2) An assessment of legacy items of the Army that
are sustained by the Defense Logistics Agency.
(3) A description of how the organic industrial
base may be used to address diminishing manufacturing
sources and material shortages.
(4) A description of critical capabilities that are
required across the organic industrial base.
(5) An assessment of infrastructure across the
organic industrial base.
(6) An assessment of manufacturing sources in the
organic industrial base and the private sector.
(7) An explanation of how contracting may be used
to meet organic industrial base requirements.
(8) An assessment of current and future workloads
across the organic industrial base.
(9) An assessment of the processes used to identify
critical capabilities for the organic industrial base
and the methods used to determine workloads.
(10) An assessment of existing labor rates.
(11) A description of manufacturing skills that are
needed to sustain readiness.
(12) A description of how public-private
partnerships may be used to improve the organic
industrial base.
(13) A description of how working capital funds may
be used to improve the organic industrial base.
(14) An assessment of operating expenses and the
potential for reducing or recovering such expenses.
(15) Identification of the tooling, equipment, and
facilities upgrades necessary for a facility in the
organic industrial base to manufacture the legacy items
of the Defense Logistics Agency, including items
described in section 333(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 792).
(16) An assessment of the suitability of
manufacturing the legacy items of the Defense Logistics
Agency in a facility in the organic industrial base.
(c) Definitions.--In this section:
(1) Legacy items.--The term ``legacy items'' means
manufactured items that are no longer produced by the
private sector but continue to be used for weapons
systems of the Department of Defense, but does not
include information systems and information technology
(as those terms are defined in section 11101 of title
40, United States Code).
(2) Organic industrial base.--The term ``organic
industrial base'' means United States military
facilities, including arsenals, depots, munition plants
and centers, and storage sites, that advance a vital
national security interest by producing, maintaining,
repairing, and storing materiel, munitions, and
hardware.
Subtitle D--Reports
SEC. 331. MODIFICATIONS TO QUARTERLY READINESS REPORT TO CONGRESS.
(a) Deadline for Report.--Subsection (a) of section 482 of
title 10, United States Code, is amended by striking ``Not
later than 45 days after the end of each calendar-year
quarter'' and inserting ``Not later than 30 days after the end
of each calendar-year quarter''.
(b) Elimination of Reporting Requirements Related to
Prepositioned Stocks and National Guard Civil Support Mission
Readiness.--Such section is further amended--
(1) in subsection (a), by striking ``subsections
(b), (d), (e), (f), (g), (h), and (i)'' and inserting
``subsections (b), (d), (e), (f), and (g)'';
(2) by striking subsections (d) and (e); and
(3) by redesignating subsections (f), (g), (h),
(i), and (j) as subsections (d), (e), (f), (g), and (i)
respectively.
(c) Inclusion of Information on Cannibalization Rates.--
Such section, as amended by subsection (b), is further amended
by inserting after subsection (g), as redesignated by paragraph
(3) of such subsection (b), the following new subsection:
``(h) Cannibalization Rates.--Each report under this
section shall include a separate unclassified report containing
the information collected pursuant to section 117(c)(7) of this
title.''.
SEC. 332. 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 Comptroller General of the United States shall
submit to the congressional defense committees 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. 333. REPORT ON HH-60G SUSTAINMENT AND COMBAT RESCUE HELICOPTER
PROGRAM.
(a) Report on Sustainment Plan.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report that sets forth a plan to modernize, sustain training,
and conduct depot-level maintenance and repair for all
components of the HH-60 helicopter fleet until total force
combat rescue units have been fully equipped with HH-60W Combat
Rescue Helicopters.
(b) Elements.--The report required by subsection (a) shall
include a description of the plans of the Air Force--
(1) to modernize legacy HH-60G combat rescue
helicopters;
(2) to maintain the training pipeline for the HH-
60G aircrew and the maintenance force required to
maintain full readiness through the end of fiscal year
2029; and
(3) to carry out depot-level maintenance and repair
(as that term is defined in section 2460 of title 10,
United States Code) to ensure the legacy HH-60G fleet
of helicopters is maintained to meet readiness rates
through the end of fiscal year 2029.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle E--Other Matters
SEC. 341. AIR NAVIGATION MATTERS.
(a) Expansion of Definition of Structures Interfering With
Air Commerce and National Defense.--
(1) Notice.--Section 44718(a) of title 49, United
States Code, is amended--
(A) in paragraph (1), by striking ``and''
at the end;
(B) in paragraph (2), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) the interests of national security, as
determined by the Secretary of Defense.''.
(2) 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 adverse impact on military
operations and readiness, the Secretary of
Transportation shall conduct an aeronautical study to
decide the extent of any adverse impact 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 of Transportation 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).
``(3) Severability.--A determination by the
Secretary of Transportation on hazard to air navigation
under this section shall remain independent of a
determination of unacceptable risk to the national
security of the United States by the Secretary of
Defense under subsection (f).''.
(3) National security finding; definitions.--
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) Definitions.--In this section, the following
definitions apply:
``(1) Adverse impact on military operations and
readiness.--The term `adverse impact on military
operations and readiness' has the meaning given the
term in section 211.3 of title 32, Code of Federal
Regulations, as in effect on January 6, 2014.
``(2) Unacceptable risk to the national security of
the united states.--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.''.
(4) Conforming amendments.--
(A) Section heading.--Section 44718 of
title 49, United States Code, is amended in the
section heading by inserting ``or national
security'' after ``air commerce''.
(B) 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.''.
(b) Performance-based Navigation.--Section 213(c) of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note) is amended by adding at the end the
following:
``(3) Notifications and consultations.--Not later
than 90 days before applying a categorical exclusion
under this subsection to a new procedure at an OEP
airport, the Administrator shall--
``(A) notify and consult with the operator
of the airport at which the procedure would be
implemented; and
``(B) consider consultations or other
engagement with the community in the which the
airport is located to inform the public of the
procedure.
``(4) Review of certain categorical exclusions.--
``(A) In general.--The Administrator shall
review any decision of the Administrator made
on or after February 14, 2012, and before the
date of the enactment of this paragraph to
grant a categorical exclusion under this
subsection with respect to a procedure to be
implemented at an OEP airport that was a
material change from procedures previously in
effect at the airport to determine if the
implementation of the procedure had a
significant effect on the human environment in
the community in which the airport is located.
``(B) Content of review.--If, in conducting
a review under subparagraph (A) with respect to
a procedure implemented at an OEP airport, the
Administrator, in consultation with the
operator of the airport, determines that
implementing the procedure had a significant
effect on the human environment in the
community in which the airport is located, the
Administrator shall--
``(i) consult with the operator of
the airport to identify measures to
mitigate the effect of the procedure on
the human environment; and
``(ii) in conducting such
consultations, consider the use of
alternative flight paths that do not
substantially degrade the efficiencies
achieved by the implementation of the
procedure being reviewed.
``(C) Human environment defined.--In this
paragraph, the term `human environment' has the
meaning given such term in section 1508.14 of
title 40, Code of Federal Regulations (as in
effect on the day before the date of the
enactment of this paragraph).''.
SEC. 342. CONTRACT WORKING DOGS.
(a) Required Contract Clause.--
(1) In general.--Chapter 141 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2410r. Contract working dogs: requirement to transfer animals to
341st Training Squadron after service life
``(a) In General.--Each contract entered into by the
Secretary of Defense for the provision of a contract working
dog shall require that the dog be transferred to the 341st
Training Squadron after the service life of the dog has
terminated as described in subsection (b) for reclassification
as a military animal and placement for adoption in accordance
with section 2583 of this title.
``(b) Service Life.--The service life of a contract working
dog has terminated and the dog is available for transfer to the
341st Training Squadron pursuant to a contract under subsection
(a) only if the contracting officer concerned has determined
that--
``(1) the final contractual obligation of the dog
preceding such transfer is with the Department of
Defense; and
``(2) the dog cannot be used by another department
or agency of the Federal Government due to age, injury,
or performance.
``(c) Contract Working Dog.--In this section, the term
`contract working dog' means a dog--
``(1) that performs a service for the Department of
Defense pursuant to a contract; and
``(2) that is trained and kenneled by an entity
that provides such a dog pursuant to such a
contract.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2410r. Contract working dogs: requirement to transfer animals to 341st
Training Squadron after service life.''.
(b) Inclusion in Definition of Military Animal.--Paragraph
(1) of section 2583(h) of title 10, United States Code, is
amended to read as follows:
``(1) A military working dog, which may include a
contract working dog (as such term is defined in
section 2410r) that has been transferred to the 341st
Training Squadron.''.
SEC. 343. PLAN, FUNDING DOCUMENTS, AND MANAGEMENT REVIEW RELATING TO
EXPLOSIVE ORDNANCE DISPOSAL.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall
develop a plan to establish an explosive ordnance
disposal program in the Department of Defense to ensure
close and continuous coordination among the military
departments on matters relating to explosive ordnance
disposal.
(2) Roles, responsibilities, and authorities.--The
plan under paragraph (1) shall include provisions under
which--
(A) the Secretary of Defense shall--
(i) assign responsibility for the
coordination and integration of
explosive ordnance disposal to a joint
office or entity in the Office of the
Secretary of Defense; and
(ii) designate the Secretary of the
Navy (or a designee of the Secretary of
the Navy) 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 relating to explosive
ordnance disposal; and
(B) 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.
(b) Annual Explosive Ordnance Disposal Funding Documents.--
(1) In general.--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 funding display, in classified and
unclassified form, that identifies the funding source
for all explosive ordnance disposal activities within
the Department of Defense.
(2) Elements.--The funding display under paragraph
(1) for a fiscal year shall include a single program
element from each military department for each of the
following:
(A) Research, development, test, and
evaluation.
(B) Procurement.
(C) Operation and maintenance.
(D) Any other program element used to fund
explosive ordnance disposal activities (but not
including any program element relating to
military construction).
(c) Management Review and Assessment.--
(1) In general.--The Secretary of Defense shall
review and assess the effectiveness of current
management structures in supporting the explosive
ordnance disposal needs of the combatant commands and
the military departments.
(2) Elements.--The review and assessment under
paragraph (1) shall include the following:
(A) A review of the organizational
structures and responsibilities within the
Office of the Secretary of Defense that provide
policy and oversight of the policies, programs,
acquisition activities, and personnel of the
military departments relating to explosive
ordnance disposal.
(B) A review of the organizational
structures and responsibilities within the
military departments that--
(i) man, equip, and train explosive
ordnance disposal forces; and
(ii) support such forces with
manpower, technology, equipment, and
readiness.
(C) A review of the organizational
structures and responsibilities of the
Secretary of the Navy as the executive agent
for explosive ordnance disposal technology and
training.
(D) Budget displays for each military
department that support research, development,
test, and evaluation; procurement; and
operation and maintenance, relating to
explosive ordnance disposal.
(E) An assessment of the adequacy of the
organizational structures and responsibilities
and the alignment of funding within the
military departments in supporting the needs of
the combatant commands and the military
departments with respect to explosive ordnance
disposal.
(d) Briefing.--Not later than March 1, 2017, the Secretary
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing that includes--
(1) details of the plan required under subsection
(a);
(2) the results of the review and assessment under
subsection (c);
(3) a description of any measures undertaken to
improve joint coordination, oversight, and management
of programs relating to explosive ordnance disposal;
(4) recommendations to the Secretary to improve the
capabilities and readiness of explosive ordnance
disposal forces; and
(5) an explanation of the advantages and
disadvantages of assigning responsibility for the
coordination and integration of explosive ordnance
disposal to a single joint office or entity in the
Office of the Secretary of Defense.
(e) Definitions.--In this section:
(1) Explosive ordnance.--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) Disposal.--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.
SEC. 344. PROCESS FOR COMMUNICATING AVAILABILITY OF SURPLUS AMMUNITION.
(a) In General.--The Secretary of Defense shall implement a
formal process to provide Federal Government agencies outside
the Department of Defense with information on the availability
of surplus, serviceable ammunition from the Department of
Defense for the purpose of reducing costs relating to the
storage and disposal of such ammunition.
(b) Implementation Deadline.--The Secretary shall implement
the process described in subsection (a) beginning not later
than 180 days after the date of the enactment of this Act.
SEC. 345. MITIGATION OF RISKS POSED BY WINDOW COVERINGS WITH ACCESSIBLE
CORDS IN CERTAIN MILITARY HOUSING UNITS.
(a) Removal of Certain Window Coverings.--Not later than
three years after the date of enactment of this Act, the
Secretary of Defense shall remove and replace disqualified
window coverings from--
(1) military housing units owned by the Department
of Defense in which children under the age of 9 may
reside; and
(2) military housing units leased by the Department
of Defense in which children under the age of 9 may
reside if the lease for such units requires the
Department to provide window coverings.
(b) Prohibition on Disqualified Window Coverings in
Military Housing Units Acquired or Constructed by Contract.--
All contracts entered into by the Secretary of Defense after
September 30, 2017, for the acquisition or construction of
military family housing, including military family housing
acquired or constructed pursuant to subchapter IV of chapter
169 of title 10, United States Code, shall prohibit the use of
disqualified window coverings in such housing.
(c) Disqualified Window Covering Defined.--In this section,
the term ``disqualified window covering'' means--
(1) a window covering with an accessible cord that
exceeds 8 inches in length; or
(2) a window covering with an accessible continuous
loop cord that does not have a cord tension device that
prevents operation when the cord is not anchored to the
wall.
SEC. 346. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION COMPANIES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish policies under which covered drivers may be
authorized to access military installations.
(b) Elements.--The policies established under subsection
(a)--
(1) shall include the terms and conditions under
which a covered driver may be authorized to access a
military installation;
(2) may require a transportation company and a
covered driver to enter into a written agreement with
the Department of Defense as a precondition for
obtaining authorization to access a military
installation;
(3) shall be consistent across military
installations, to the extent practicable;
(4) shall be designed to promote the expeditious
entry of covered drivers onto military installations
for purposes of providing commercial transportation
services;
(5) shall place appropriate restrictions on entry
into sensitive areas of military installations;
(6) shall be designed, to the extent practicable,
to give covered drivers access to barracks areas,
housing areas, temporary lodging facilities, hospitals,
and community support facilities;
(7) shall require transportation companies--
(A) to track, in real-time, the location of
the entry and exit of covered drivers onto and
off of military installations; and
(B) to provide, on demand, the information
described in subparagraph (A) to appropriate
personnel and agencies of the Department; and
(8) shall take into account force protection
requirements and ensure the protection and safety of
members of the Armed Forces, civilian employees of the
Department of Defense, and the families of such members
and employees.
(c) Confidentiality of Information.--The Secretary shall
ensure that any information provided to the Department by a
transportation company under subsection (b)(7)--
(1) is treated as confidential and proprietary
information of the company that is exempt from public
disclosure pursuant to section 552 of title 5, United
States Code (commonly known as the ``Freedom of
Information Act''); and
(2) except as provided in subsection (b)(7), is not
disclosed to any person or entity without the express
written consent of the company unless disclosure of
such information is required by a court order.
(d) Definitions.--In this section:
(1) Transportation company.--The term
``transportation company'' means a corporation,
partnership, sole proprietorship, or other entity
outside of the Department of Defense that provides a
commercial transportation service to a rider, including
a company that uses a digital network to connect riders
to covered drivers for the purpose of providing such
transportation service.
(2) Covered driver.--The term ``covered driver''--
(A) means an individual--
(i) who is an employee of a
transportation company or who is
affiliated with a transportation
company; and
(ii) who provides a commercial
transportation service to a rider; and
(B) includes a vehicle operated by such
individual for the purpose of providing such
service.
SEC. 347. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NETWORK
CONNECTIONS FOR CERTAIN MEMBERS OF THE ARMED
FORCES.
(a) In General.--In providing members of the Armed Forces
with access to high-speed wireless Internet and network
connections at military installations outside the United
States, the Secretary of Defense may provide such access
without charge to the members and their dependents.
(b) Contract Authority.--The Secretary may enter into
contracts for the purpose of carrying out subsection (a).
SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF THE UNDER
SECRETARY OF DEFENSE FOR INTELLIGENCE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for Operation and
Maintenance, Defense-wide, for the Office of the Under
Secretary of Defense for Intelligence, not more than 90 percent
may be obligated or expended until the Secretary of Defense
issues guidance on 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. 349. LIMITATION ON DEVELOPMENT AND FIELDING OF NEW CAMOUFLAGE AND
UTILITY UNIFORMS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense may
be obligated or expended to develop or field new camouflage
uniforms, new utility uniforms, or new families of uniforms
until the date that is one year after the date on which the
Secretary of Defense submits to the congressional defense
committees notice of the intent of the Secretary to develop or
field such uniforms.
SEC. 350. PLAN FOR IMPROVED DEDICATED ADVERSARY AIR TRAINING ENTERPRISE
OF THE AIR FORCE.
(a) In General.--The Chief of Staff of the Air Force shall
develop a plan for an improved dedicated adversary air training
enterprise for the Air Force--
(1) to maximize warfighting effectiveness and
synergies of the current and planned fourth and fifth
generation combat air forces through optimized training
and readiness;
(2) to harness intelligence analysis, emerging
live-virtual-constructive training technologies, range
infrastructure improvements, and results of
experimentation and prototyping efforts in operational
concept development;
(3) to challenge the combat air forces of the Air
Force with threat representative adversary-to-friendly
aircraft ratios, known and emerging adversary tactics,
and high fidelity replication of threat airborne and
ground capabilities; and
(4) to achieve training and readiness goals and
objectives of the Air Force with demonstrated
institutional commitment to the adversary air training
enterprise through the application of Air Force policy
and resources, partnering with the other Armed Forces,
allies, and friends, and employing the use of industry
contracted services.
(b) Elements.--The plan under subsection (a) shall include,
with respect to an improved dedicated adversary air training
enterprise, the following:
(1) Goals and objectives.
(2) Concepts of operations.
(3) Timelines for the phased implementation of the
enterprise.
(4) Analysis of readiness improvements that may
result from the enterprise.
(5) Prioritized resource requirements.
(6) Such other matters as the Chief of Staff
considers appropriate.
(c) Written Plan and Briefing.--Not later than March 3,
2017, the Chief of Staff shall provide to the Committees on
Armed Services of the Senate and the House of Representatives--
(1) a written version of the plan developed under
subsection (a); and
(2) a briefing on such plan.
SEC. 351. INDEPENDENT REVIEW AND ASSESSMENT OF THE READY AIRCREW
PROGRAM OF THE AIR FORCE.
(a) Independent Review and Assessment.--The Secretary of
the Air Force shall enter into a contract with an independent
entity with appropriate expertise--
(1) to conduct a review and assessment of--
(A) the assumptions underlying the annual
continuation training requirements of the Air
Force; and
(B) the overall effectiveness of the Ready
Aircrew Program of the Air Force in managing
aircrew training requirements; and
(2) to make recommendations for the improved
management of such training requirements.
(b) Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Air Force shall submit to the congressional defense
committees a report on the review and assessment
conducted under subsection (a).
(2) Elements.--The report under paragraph (1) shall
include an examination of the following:
(A) For the aircrews of each type of combat
aircraft and by mission type--
(i) the number of sorties required
to reach minimum and optimal levels of
proficiency, respectively;
(ii) the optimal mix of live and
virtual training sorties; and
(iii) the optimal mix of
experienced aircrews versus
inexperienced aircrews.
(B) The availability of assets and
infrastructure to support the achievement of
aircrew proficiency levels and an explanation
of any requirements relating to such assets and
infrastructure.
(C) The accumulated flying hours or other
measurements used to determine if an aircrew
qualifies for designation as an experienced
aircrew, and whether different measurements
should be used.
(D) Any actions taken or planned to be
taken to implement recommendations resulting
from the independent review and assessment
under subsection (a), including an estimate of
the resources required to implement such
recommendations.
(E) Any other matters the Secretary
determines are appropriate to ensure a
comprehensive review and assessment.
(c) Comptroller General Review.--
(1) In general.--The Comptroller General of the
United States shall submit to the congressional defense
committees a review of the report described in
subsection (b). Such review shall include an assessment
of--
(A) the extent to which the report
addressed the elements described in paragraph
(2) of such subsection;
(B) the adequacy and completeness of the
assumptions reviewed to establish the annual
training requirements of the Air Force;
(C) any actions the Air Force plans to
carry out to incorporate the results of the
report into annual training documents; and
(D) any other matters the Comptroller
General determines are relevant.
(2) Briefing.--Not later than 60 days after the
date on which the Secretary of the Air Force submits
the report under subsection (b) and prior to submitting
the review required under paragraph (1), the
Comptroller General shall provide a briefing to the
congressional defense committees on the preliminary
results of the review conducted under such paragraph.
SEC. 352. 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;
(D) drilling reserve component personnel
traveling to drilling locations; and
(E) members or former members of the Armed
Forces who have a disability rated as total, if
space-available travel is provided to such
members on the same basis as such travel is
provided to members of the Armed Forces
entitled to retired or retainer pay.
(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;
(B) unremarried widows and widowers of
active or reserve component members of the
Armed Forces; and
(C) members or former members of the Armed
Forces who have a disability rated as total, if
space-available travel is provided to such
members on the same basis as such travel is
provided to members of the Armed Forces
entitled to retired or retainer pay.
(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.
(e) Disability Rated as Total Defined.--In this section,
the term ``disability rated as total'' has the meaning given
the term in section 1414(e)(3) of title 10, United States Code.
SEC. 353. EVALUATION OF MOTOR CARRIER SAFETY PERFORMANCE AND SAFETY
TECHNOLOGY.
(a) In General.--The Secretary of Defense shall evaluate
the need for proven safety technology in vehicles transporting
shipments under the Transportation Protective Services program
of the United States Transportation Command, including--
(1) electronic logging devices;
(2) roll stability control;
(3) forward collision avoidance systems;
(4) lane departure warning systems; and
(5) speed limiters.
(b) Considerations.--In carrying out subsection (a), the
Secretary shall--
(1) consider the need to avoid catastrophic
accidents and exposure of security-sensitive materials;
and
(2) take into the account the findings of 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''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
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. Technical corrections to annual authorization for personnel
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2017, as follows:
(1) The Army, 476,000.
(2) The Navy, 323,900.
(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, 476,000.
``(2) For the Navy, 323,900.
``(3) For the Marine Corps, 185,000.
``(4) For the Air Force, 321,000.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2017, as follows:
(1) The Army National Guard of the United States,
343,000.
(2) The Army Reserve, 199,000.
(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).
(a) In General.--The authorized number of military
technicians (dual status) as of September 30, 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.
(b) Variance.--Notwithstanding section 115 of title 10,
United States Code, the end strength prescribed by subsection
(a) for a reserve component specified in that subsection may be
increased--
(1) by 3 percent, upon determination by the
Secretary of Defense that such action is in the
national interest; and
(2) by 2 percent, upon determination by the
Secretary of the military department concerned that
such action would enhance manning and readiness in
essential units or in critical specialties or ratings.
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. TECHNICAL CORRECTIONS 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)''.
Subtitle C--Authorization of Appropriations
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.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Reduction in number of general and flag officers on active
duty and authorized strength after December 31, 2022, of such
general and flag officers.
Sec. 502. Repeal of statutory specification of general or flag officer
grade for various positions in the Armed Forces.
Sec. 503. Number of Marine Corps general officers.
Sec. 504. Promotion eligibility period for officers whose confirmation
of appointment is delayed due to nonavailability to the Senate
of probative information under control of non-Department of
Defense agencies.
Sec. 505. Continuation of certain officers on active duty without regard
to requirement for retirement for years of service.
Sec. 506. Equal consideration of officers for early retirement or
discharge.
Sec. 507. Modification of authority to drop from rolls a commissioned
officer.
Sec. 508. Extension of force management authorities allowing enhanced
flexibility for officer personnel management.
Sec. 509. Pilot programs on direct commissions to cyber positions.
Sec. 510. Length of joint duty assignments.
Sec. 510A. Revision of definitions used for joint officer management.
Subtitle B--Reserve Component Management
Sec. 511. Authority for temporary waiver of limitation on term of
service of Vice Chief of the National Guard Bureau.
Sec. 512. Rights and protections available to military technicians.
Sec. 513. Inapplicability of certain laws to National Guard technicians
performing active Guard and Reserve duty.
Sec. 514. Extension of removal of restrictions on the transfer of
officers between the active and inactive National Guard.
Sec. 515. Extension of temporary authority to use Air Force reserve
component personnel to provide training and instruction
regarding pilot training.
Sec. 516. Expansion of eligibility for deputy commander of combatant
command having United States among geographic area of
responsibility to include officers of the Reserves.
Subtitle C--General Service Authorities
Sec. 521. Matters relating to provision of leave for members of the
Armed Forces, including prohibition on leave not expressly
authorized by law.
Sec. 522. Transfer of provision relating to expenses incurred in
connection with leave canceled due to contingency operations.
Sec. 523. Expansion of authority to execute certain military
instruments.
Sec. 524. Medical examination before administrative separation for
members with post-traumatic stress disorder or traumatic brain
injury in connection with sexual assault.
Sec. 525. Reduction of tenure on the temporary disability retired list.
Sec. 526. Technical correction to voluntary separation pay and benefits.
Sec. 527. Consolidation of Army marketing and pilot program on
consolidated Army recruiting.
Subtitle D--Member Whistleblower Protections and Correction of Military
Records
Sec. 531. Improvements to whistleblower protection procedures.
Sec. 532. Modification of whistleblower protection authorities to
restrict contrary findings of prohibited personnel action by
the Secretary concerned.
Sec. 533. Availability of certain Correction of Military Records and
Discharge Review Board information through the Internet.
Sec. 534. Improvements to authorities and procedures for the correction
of military records.
Sec. 535. Treatment by discharge review boards of claims asserting post-
traumatic stress disorder or traumatic brain injury in
connection with combat or sexual trauma as a basis for review
of discharge.
Sec. 536. Comptroller General of the United States review of integrity
of Department of Defense whistleblower program.
Subtitle E--Military Justice and Legal Assistance Matters
Sec. 541. United States Court of Appeals for the Armed Forces.
Sec. 542. Effective prosecution and defense in courts-martial and pilot
programs on professional military justice development for
judge advocates.
Sec. 543. Inclusion in annual reports on sexual assault prevention and
response efforts of the Armed Forces of information on
complaints of retaliation in connection with reports of sexual
assault in the Armed Forces.
Sec. 544. Extension of the requirement for annual report regarding
sexual assaults and coordination with release of Family
Advocacy Program report.
Sec. 545. Metrics for evaluating the efforts of the Armed Forces to
prevent and respond to retaliation in connection with reports
of sexual assault in the Armed Forces.
Sec. 546. Training for Department of Defense personnel who investigate
claims of retaliation.
Sec. 547. Notification to complainants of resolution of investigations
into retaliation.
Sec. 548. Modification of definition of sexual harassment for purposes
of investigations by commanding officers of complaints of
harassment.
Sec. 549. Improved Department of Defense prevention of and response to
hazing in the Armed Forces.
Subtitle F--National Commission on Military, National, and Public
Service
Sec. 551. Purpose, scope, and definitions.
Sec. 552. Preliminary report on purpose and utility of registration
system under Military Selective Service Act.
Sec. 553. National Commission on Military, National, and Public Service.
Sec. 554. Commission hearings and meetings.
Sec. 555. Principles and procedure for Commission recommendations.
Sec. 556. Executive Director and staff.
Sec. 557. Termination of Commission.
Subtitle G--Member Education, Training, Resilience, and Transition
Sec. 561. Modification of program to assist members of the Armed Forces
in obtaining professional credentials.
Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other
substance abuse counseling as part of required preseparation
counseling.
Sec. 563. Inclusion of information in Transition Assistance Program
regarding effect of receipt of both veteran disability
compensation and voluntary separation pay.
Sec. 564. Training under Transition Assistance Program on career and
employment opportunities associated with transportation
security cards.
Sec. 565. Extension of suicide prevention and resilience program.
Sec. 566. Congressional notification in advance of appointments to
service academies.
Sec. 567. Report and guidance on Job Training, Employment Skills
Training, Apprenticeships, and Internships and SkillBridge
initiatives for members of the Armed Forces who are being
separated.
Sec. 568. Military-to-mariner transition.
Subtitle H--Defense Dependents' Education and Military Family Readiness
Matters
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. One-year extension of authorities relating to the transition
and support of military dependent students to local
educational agencies.
Sec. 573. Annual notice to members of the Armed Forces regarding child
custody protections guaranteed by the Servicemembers Civil
Relief Act.
Sec. 574. Requirement for annual Family Advocacy Program report
regarding child abuse and domestic violence.
Sec. 575. Reporting on allegations of child abuse in military families
and homes.
Sec. 576. Repeal of Advisory Council on Dependents' Education.
Sec. 577. Support for programs providing camp experience for children of
military families.
Sec. 578. Comptroller General of the United States assessment and report
on Exceptional Family Member Programs.
Sec. 579. Impact aid amendments.
Subtitle I--Decorations and Awards
Sec. 581. Posthumous advancement of Colonel George E. ``Bud'' Day,
United States Air Force, on the retired list.
Sec. 582. Authorization for award of medals for acts of valor during
certain contingency operations.
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose
and James C. McCloughan for acts of valor during the Vietnam
War.
Sec. 584. Authorization for award of Distinguished-Service Cross to
First Lieutenant Melvin M. Spruiell for acts of valor during
World War II.
Sec. 585. Authorization for award of the Distinguished Service Cross to
Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of
valor during World War II.
Sec. 586. Review regarding award of Medal of Honor to certain Asian
American and Native American Pacific Islander war veterans.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Repeal of requirement for a chaplain at the United States Air
Force Academy appointed by the President.
Sec. 592. Extension of limitation on reduction in number of military and
civilian personnel assigned to duty with service review
agencies.
Sec. 593. Annual reports on progress of the Army and the Marine Corps in
integrating women into military occupational specialities and
units recently opened to women.
Sec. 594. Report on feasability of electronic tracking of operational
active-duty service performed by members of the Ready Reserve
of the Armed Forces.
Sec. 595. Report on discharge by warrant officers of pilot and other
flight officer positions in the Navy, Marine Corps, and Air
Force currently discharged by commissioned officers.
Sec. 596. Body mass index test.
Sec. 597. Report on career progression tracks of the Armed Forces for
women in combat arms units.
Subtitle A--Officer Personnel Policy
SEC. 501. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS ON ACTIVE
DUTY AND AUTHORIZED STRENGTH AFTER DECEMBER 31,
2022, OF SUCH GENERAL AND FLAG OFFICERS.
(a) Reduction in Number of General and Flag Officers by
December 31, 2022.--
(1) Required reduction.--Except as otherwise
provided by an Act enacted after the date of the
enactment of this Act that expressly modifies the
requirements of this paragraph, by not later than
December 31, 2022, the Secretary of Defense shall
reduce the number of general and flag officers on
active duty by 110 from the aggregate authorized number
of general and flag officers authorized by sections 525
and 526 of title 10, United States Code, as of December
31, 2015.
(2) Distribution of authorized positions.--
Effective as of December 31, 2022, and reflecting the
reduction required by paragraph (1), authorized general
and flag officer positions shall be distributed among
the Army, Navy, Air Force, Marine Corps, and joint pool
as follows:
(A) The Army is authorized 220 positions in
the general officer grades.
(B) The Navy is authorized 151 positions in
the flag officer grades.
(C) The Air Force is authorized 187
positions in the general officer grades.
(D) The Marine Corps is authorized 62
positions in the general officer grades.
(E) The joint pool is authorized 232
positions in the general or flag officer
grades, to be distributed as follows:
(i) 82 positions in the general
officer grades from the Army.
(ii) 60 positions in the flag
officer grades from the Navy.
(iii) 69 positions in the general
officer grades from the Air Force.
(iv) 21 positions in the general
officer grades from the Marine Corps.
(3) Temporary additional joint pool allocation.--In
addition to the positions authorized by paragraph (2),
the 30 general and flag officer positions designated
for overseas contingency operations are authorized as
an additional maximum temporary allocation to the joint
pool.
(b) Plan to Achieve Required Reduction and Distribution.--
(1) Plan required.--Utilizing the study conducted
under subsection (c), the Secretary of Defense shall
develop a plan to achieve, by the date specified in
subsection (a)(1)--
(A) the reduction required by such
subsection in the number of general and flag
officers; and
(B) the distribution of authorized
positions required by subsection (a)(2).
(2) Submission of plan.--When the budget for the
Department of Defense for fiscal year 2019 is submitted
to Congress pursuant to section 1105 of title 31,
United States Code, the Secretary of Defense shall
submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
setting forth the plan developed under this subsection.
(3) Progress reports.--The Secretary of Defense
shall include with the budget for the Department of
Defense for each of fiscal years 2020, 2021, and 2022 a
report describing and assessing the progress of the
Secretary in implementing the plan developed under this
subsection.
(c) Study for Purposes of Plan.--
(1) Study required.--For purposes of complying with
subsection (a) and preparing the plan required by
subsection (b), the Secretary of Defense shall conduct
a comprehensive and deliberate global manpower study of
requirements for general and flag officers with the
goal of identifying--
(A) the requirement justification for each
general or flag officer position in terms of
overall force structure, scope of
responsibility, command and control
requirements, and force readiness and
execution;
(B) an additional 10 percent reduction in
the aggregate number of authorized general
officer and flag officer positions after the
reductions required by subsection (a); and
(C) an appropriate redistribution of all
general officer and flag officer positions
within the reductions so identified.
(2) Submission of study results.--Not later than
April 1, 2017, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth the
results of the study conducted under this subsection,
including the justification for general and flag
officer position to be retained and the reductions
identified by general and flag officer position.
(3) Interim report.--If practicable before the date
specified in paragraph (2), the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives an interim
report describing the progress made toward the
completion of the study under this subsection,
including--
(A) the specific general and flag officer
positions that have been evaluated;
(B) the results of that evaluation; and
(C) recommendations for achieving the
additional 10 percent reduction in the
aggregate number of authorized general officer
and flag officer positions to be identified
under paragraph (1)(C) and recommendations for
redistribution of general and flag officer
positions that have been developed to that
point.
(d) Exclusions.--
(1) Related to joint duty assignments.--For
purposes of complying with subsection (a), the
Secretary of Defense may exclude--
(A) a general or flag officer released from
a joint duty assignment, but only during the
60-day period beginning on the date the officer
departs the joint duty assignment, except that
the Secretary may authorize the Secretary of a
military department to extend the 60-day period
by an additional 120 days, but not more than
three officers on active duty from each Armed
Force may be covered by the additional
extension at the same time; and
(B) the number of officers required to
serve in joint duty assignments for each Armed
Force as authorized by the Secretary under
section 526a(b) of title 10, United States
Code, as added by subsection (h) of this
section.
(2) Related to relief from chief of staff duty.--
For purposes of complying with subsection (a), the
Secretary of Defense may exclude an officer who
continues to hold the grade of general or admiral under
section 601(b)(5) of title 10, United States Code,
after relief from the position of Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of
Naval Operations, Chief of Staff of the Air Force, or
Commandant of the Marine Corps.
(3) Related to retirement, separation, release, or
relief.--For purposes of complying with subsection (a),
the Secretary of Defense may exclude the following
officers:
(A) An officer of an Armed Force in the
grade of brigadier general or above or, in the
case of the Navy, in the grade of rear admiral
(lower half) or above, who is on leave pending
the retirement, separation, or release of that
officer from active duty, but only during the
60-day period beginning on the date of the
commencement of such leave of such officer.
(B) An officer of an Armed Force who has
been relieved from a position designated under
section 601(a) of title 10, United States Code,
or by law to carry one of the grades specified
in such section, but only during the 60-day
period beginning on the date on which the
assignment of the officer to the first position
is terminated or until the officer is assigned
to a second such position, whichever occurs
first.
(e) Secretarial Authority to Grant Exceptions to
Limitations.--
(1) In general.--Subject to paragraph (2), the
Secretary of Defense may alter the reduction otherwise
required by subsection (a)(1) in the number of general
and flag officer or the distribution of authorized
positions otherwise required by subsection (a)(2) in
the interest of the national security of the United
States.
(2) Notice to congress of exceptions.--Not later
than 30 days after authorizing a number of general or
flag officers in excess of the number required as a
result of the reduction required by subsection (a)(1)
or altering the distribution of authorized positions
under subsection (a)(2), the Secretary of Defense shall
submit to the Committees on Armed Services of the
Senate and the House of Representatives written notice
of such exception, including a statement of the reason
for such exception and the anticipated duration of the
exception.
(f) Orderly Transition for Officers Recently Assigned to
Positions to Be Eliminated.--
(1) Covered officers.--In order to provide an
orderly transition for personnel in general or flag
officer positions to be eliminated pursuant to the plan
prepared under subsection (b), any general or flag
officer who has not completed, as of December 31, 2022,
at least 24 months in a position to be eliminated
pursuant to the plan may remain in the position until
the last day of the month that is 24 months after the
month in which the officer assumed the duties of the
position.
(2) Report to congress on covered officers.--The
Secretary of Defense shall include in the annual report
required by section 526(j) of title 10, United States
Code, in 2020 a description of the positions in which
an officer will remain pursuant to paragraph (1),
including the latest date on which the officer may
remain in such position pursuant to that paragraph.
(3) Notice to congress on detachment of covered
officers.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a notice on the date on which
each officer covered by paragraph (1) is detached from
the officer's position pursuant to such paragraph.
(g) Relation to Subsequent General or Flag Nominations.--
(1) Notice to senate with nomination.--In order to
help achieve the requirements of the plan required by
subsection (b), effective 30 days after the
commencement of the implementation of the plan, the
Secretary of Defense shall include with each nomination
of an officer to a grade above colonel or captain (in
the case of the Navy) that is forwarded by the
President to the Senate for appointment, by and with
the advice and consent of the Senate, a certification
to the Committee on Armed Services of the Senate that
the appointment of the officer to the grade concerned
will not interfere with achieving the reduction
required by subsection (a)(1) in the number of general
and flag officer positions or the distribution of
authorized positions required by subsection (a)(2).
(2) Implementation.--Not later than 120 days after
the date of the submission of the plan required by
subsection (b), the Secretary of Defense shall revise
applicable guidance of the Department of Defense on
general and flag officer authorizations in order to
ensure that--
(A) the achievement of the reductions
required pursuant to subsection (a) is
incorporated into the planning for the
execution of promotions by the military
departments and for the joint pool;
(B) to the extent practicable, the
resulting grades for general and flag officer
positions are uniformly applied to positions of
similar duties and responsibilities across the
military departments and the joint pool; and
(C) planning achieves a reduction in the
headquarters functions and administrative and
support activities and staffs of the Department
of Defense and the military departments
commensurate with the achievement of the
reductions required pursuant to subsection (a).
(h) Authorized Strength After December 31, 2022, of General
and Flag Officers on Active Duty.--
(1) In general.--Chapter 32 of title 10, United
States Code, is amended by inserting after section 526
the following new section:
``Sec. 526a. Authorized strength after December 31, 2022: general
officers and flag officers on active duty
``(a) Limitations.--The number of general officers on
active duty in the Army, Air Force, and Marine Corps, and the
number of flag officers on active duty in the Navy, after
December 31, 2022, may not exceed the number specified for the
armed force concerned as follows:
``(1) For the Army, 220.
``(2) For the Navy, 151.
``(3) For the Air Force, 187.
``(4) For the Marine Corps, 62.
``(b) Limited Exclusion for Joint Duty Requirements.--
``(1) In general.--The Secretary of Defense may
designate up to 232 general officer and flag officer
positions that are joint duty assignments for purposes
of chapter 38 of this title for exclusion from the
limitations in subsection (a).
``(2) Minimum number.--Unless the Secretary of
Defense determines that a lower number is in the best
interest of the Department of Defense, the minimum
number of officers serving in positions designated
under paragraph (1) for each armed force shall be as
follows:
``(A) For the Army, 75.
``(B) For the Navy, 53.
``(C) For the Air Force, 68.
``(D) For the Marine Corps, 17.
``(c) Exclusion of Certain Officers Pending Separation or
Retirement or Between Senior Positions.--The limitations of
this section do not apply to--
``(1) an officer of an armed force in the grade of
brigadier general or above or, in the case of the Navy,
in the grade of rear admiral (lower half) or above, who
is on leave pending the retirement, separation, or
release of that officer from active duty, but only
during the 60-day period beginning on the date of the
commencement of such leave of such officer; or
``(2) an officer of an armed force who has been
relieved from a position designated under section
601(a) of this title or by law to carry one of the
grades specified in such section, but only during the
60-day period beginning on the date on which the
assignment of the officer to the first position is
terminated or until the officer is assigned to a second
such position, whichever occurs first.
``(d) Temporary Exclusion for Assignment to Certain
Temporary Billets.--
``(1) In general.--The limitations in subsection
(a) do not apply to a general officer or flag officer
assigned to a temporary joint duty assignment
designated by the Secretary of Defense.
``(2) Duration of exclusion.--A general officer or
flag officer assigned to a temporary joint duty
assignment as described in paragraph (1) may not be
excluded under this subsection from the limitations in
subsection (a) for a period of longer than one year.
``(e) Exclusion of Officers Departing From Joint Duty
Assignments.--The limitations in subsection (a) do not apply to
an officer released from a joint duty assignment, but only
during the 60-day period beginning on the date the officer
departs the joint duty assignment. The Secretary of Defense may
authorize the Secretary of a military department to extend the
60-day period by an additional 120 days, except that not more
than three officers on active duty from each armed force may be
covered by the additional extension at the same time.
``(f) Active-Duty Baseline.--
``(1) Notice and wait requirements.--If the
Secretary of a military department proposes an action
that would increase above the baseline the number of
general officers or flag officers of an armed force
under the jurisdiction of that Secretary who would be
on active duty and would count against the statutory
limit applicable to that armed force under subsection
(a), the action shall not take effect until after the
end of the 60-calendar day period beginning on the date
on which the Secretary provides notice of the proposed
action, including the rationale for the action, to the
Committees on Armed Services of the Senate and the
House of Representatives.
``(2) Baseline defined.--In paragraph (1), the term
`baseline' for an armed force means the lower of--
``(A) the statutory limit of general
officers or flag officers of that armed force
under subsection (a); or
``(B) the actual number of general officers
or flag officers of that armed force who, as of
January 1, 2023, counted toward the statutory
limit of general officers or flag officers of
that armed force under subsection (a).
``(g) Joint Duty Assignment Baseline.--
``(1) Notice and wait requirement.--If the
Secretary of Defense, the Secretary of a military
department, or the Chairman of the Joint Chiefs of
Staff proposes an action that would increase above the
baseline the number of general officers and flag
officers of the armed forces in joint duty assignments
who count against the statutory limit under subsection
(b)(1), the action shall not take effect until after
the end of the 60-calendar day period beginning on the
date on which such Secretary or the Chairman, as the
case may be, provides notice of the proposed action,
including the rationale for the action, to the
Committees on Armed Services of the Senate and the
House of Representatives.
``(2) Baseline defined.--In paragraph (1), the term
`baseline' means the lower of--
``(A) the statutory limit on general
officer and flag officer positions that are
joint duty assignments under subsection (b)(1);
or
``(B) the actual number of general officers
and flag officers who, as of January 1, 2023,
were in joint duty assignments counted toward
the statutory limit under subsection (b)(1).
``(h) Annual Report.--Not later than March 1 each year, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report specifying the following:
``(1) The numbers of general officers and flag
officers who, as of January 1 of the calendar year in
which the report is submitted, counted toward the
service-specific limits of subsection (a).
``(2) The number of general officers and flag
officers in joint duty assignments who, as of such
January 1, counted toward the statutory limit under
subsection (b)(1).''.
(2) Conforming amendment.--Section 526 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(k) Cessation of Applicability.--The provisions of this
section shall not apply to number of general officers and flag
officers in the armed forces after December 31, 2022. For
provisions applicable to the number of such officers after that
date, see section 526a of this title.''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 32 of title 10, United States
Code, is amended by inserting after the item relating
to section 526 the following new item:
``526a. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.''.
SEC. 502. REPEAL OF STATUTORY SPECIFICATION OF GENERAL OR FLAG OFFICER
GRADE FOR VARIOUS POSITIONS IN THE ARMED FORCES.
(a) Assistants to CJCS for NG Matters and Reserve
Matters.--
(1) In general.--Section 155a of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 5 of such title is amended by
striking the item relating to section 155a.
(b) Legal Counsel to CJCS.--Section 156 of title 10, United
States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
(c) Director of Test Resource Management Center.--Section
196(b)(1) of title 10, United States Code, is amended by
striking the second and third sentences.
(d) Director of Missile Defense Agency.--
(1) In general.--Section 203 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 8 of such title is amended by
striking the item relating to section 203.
(e) Joint 4-Star Positions.--Section 604(b) of title 10,
United States Code, is amended by striking paragraph (3).
(f) Senior Members of Military Staff Committee of UN.--
Section 711 of title 10, United States Code, is amended by
striking the second sentence.
(g) Chief of Staff to President.--
(1) In general.--Section 720 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 41 of such title is amended by
striking the item relating to section 720.
(h) Attending Physician to Congress.--
(1) In general.--Section 722 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 41 of such title is amended by
striking the item relating to section 722.
(i) Physician to White House.--
(1) In general.--Section 744 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 43 of such title is amended by
striking the item relating to section 744.
(j) Chief of Legislative Liaison of the Army.--Section
3023(a) of title 10, United States Code, is amended by striking
the second sentence.
(k) Chiefs of Branches of the Army.--Section 3036(b) of
title 10, United States Code, is amended in the flush matter
following paragraph (2)--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``, and
while so serving, has the grade of lieutenant
general''.
(l) Judge Advocate General of the Army.--Section 3037(a) of
title 10, United States Code, is amended by striking the last
two sentences.
(m) Chief of Army Reserve.--Section 3038(c) of title 10,
United States Code, is amended--
(1) in the subsection heading, by striking ``;
Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(n) Deputy and Assistant Chiefs of Branches of the Army.--
(1) In general.--Section 3039 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 305 of such title is amended
by striking the item relating to section 3039.
(o) Chief of Army Nurse Corps.--Section 3069(b) of title
10, United States Code, is amended by striking the second
sentence.
(p) Assistant Chiefs of Army Medical Specialist Corps.--
(1) In general.--Section 3070 of title 10, United
States Code, is amended--
(A) in subsection (a), by striking ``and
assistant chiefs'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as
subsection (c).
(2) Conforming amendment.--The heading of such
section is amended to read as follows:
``Sec. 3070. Army Medical Specialist Corps: organization; Chief''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 307 of such title is amended
by striking the item relating to section 3070 and
inserting the following new item:
``3070. Army Medical Specialist Corps: organization; Chief.''.
(q) Judge Advocate General's Corps of the Army.--Section
3072 of title 10, United States Code, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(r) Chief of Veterinary Corps of the Army.--
(1) In general.--Section 3084 of title 10, United
States Code, is amended by striking the second
sentence.
(2) Conforming amendment.--The heading of such
section is amended to read as follows:
``Sec. 3084. Chief of Veterinary Corps''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 307 of such title is amended
by striking the item relating to section 3084 and
inserting the following new item:
``3084. Chief of Veterinary Corps.''.
(s) Army Aides.--
(1) In general.--Section 3543 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 343 of such title is amended
by striking the item relating to section 3543.
(t) Principal Military Deputy to Assistant Secretary of the
Navy for RD&A.--Section 5016(b)(4)(B) of title 10, United
States Code, is amended by striking ``a vice admiral of the
Navy or a lieutenant general of the Marine Corps'' and
inserting ``an officer of the Navy or the Marine Corps''.
(u) Chief of Naval Research.--Section 5022 of title 10,
United States Code, is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(v) Chief of Legislative Affairs of the Navy.--Section
5027(a) of title 10, United States Code, is amended by striking
the second sentence.
(w) Director for Expeditionary Warfare.--Section 5038 of
title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(x) SJA to Commandant of the Marine Corps.--Section 5046(a)
of title 10, United States Code, is amended by striking the
last sentence.
(y) Legislative Assistant to Commandant of the Marine
Corps.--Section 5047 of title 10, United States Code, is
amended by striking the second sentence.
(z) Bureau Chiefs of the Navy.--
(1) In general.--Section 5133 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 513 of such title is amended
by striking the item relating to section 5133.
(aa) Chief of Dental Corps of the Navy.--Section 5138 of
title 10, United States Code, is amended--
(1) in subsection (a), by striking ``not below the
grade of rear admiral (lower half)''; and
(2) in subsection (c), by striking the first
sentence.
(bb) Bureau of Naval Personnel.--
(1) In general.--Section 5141 of title 10, United
States Code, is amended--
(A) in subsection (a), by striking the
first sentence; and
(B) in subsection (b), by striking the
first sentence.
(2) Conforming amendment.--The heading of such
section is amended to read as follows:
``Sec. 5141. Chief of Naval Personnel; Deputy Chief of Naval
Personnel''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 513 of such title is amended
by striking the item relating to section 5141 and
inserting the following new item:
``5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel.''.
(cc) Chief of Chaplains of the Navy.--Section 5142 of title
10, United States Code, is amended by striking subsection (e).
(dd) Chief of Navy Reserve.--Section 5143(c) of title 10,
United States Code, is amended--
(1) in the subsection heading, by striking ``;
Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(ee) Commander, Marine Forces Reserve.--Section 5144(c) of
title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``;
Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(ff) Judge Advocate General of the Navy.--Section 5148(b)
of title 10, United States Code, is amended by striking the
last sentence.
(gg) Deputy and Assistant Judge Advocates General of the
Navy.--Section 5149 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by striking ``,
by and with the advice and consent of the
Senate,''; and
(B) by striking the second sentence; and
(2) in each of subsections (b) and (c), by striking
the second and last sentences.
(hh) Chiefs of Staff Corps of the Navy.--Section 5150 of
title 10, United States Code, is amended--
(1) in subsection (b)(2), by striking ``Subject to
subsection (c), the Secretary'' and inserting ``The
Secretary''; and
(2) by striking subsection (c).
(ii) Principal Military Deputy to Assistant Secretary of
the Air Force for Acquisition.--Section 8016(b)(4)(B) of title
10, United States Code, is amended by striking ``a lieutenant
general'' and inserting ``an officer''.
(jj) Chief of Legislative Liaison of the Air Force.--
Section 8023(a) of title 10, United States Code, is amended by
striking the second sentence.
(kk) Judge Advocate General and Deputy Judge Advocate
General of the Air Force.--Section 8037 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking the last
sentence; and
(2) in subsection (d)(1), by striking the last
sentence.
(ll) Chief of the Air Force Reserve.--Section 8038(c) of
title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``;
Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(mm) Chief of Chaplains of the Air Force.--Section 8039 of
title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(2) by striking subsection (c).
(nn) Chief of Air Force Nurses.--
(1) In general.--Section 8069 of title 10, United
States Code, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by
striking ``Positions of Chief and
Assistant Chief'' and inserting
``Position of Chief''; and
(ii) by striking ``and assistant
chief'';
(B) in subsection (b), by striking the
second sentence; and
(C) by striking subsection (c).
(2) Conforming amendment.--The heading of such
section is amended to read as follows:
``Sec. 8069. Air Force nurses: Chief; appointment''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 807 of such title is amended
by striking the item relating to section 8069 and
inserting the following new item:
``8069. Air Force nurses: Chief; appointment.''.
(oo) Assistant Surgeon General for Dental Services of the
Air Force.--Section 8081 of title 10, United States Code, is
amended by striking the second sentence.
(pp) Air Force Aides.--
(1) In general.--Section 8543 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 843 of such title is amended
by striking the item relating to section 8543.
(qq) Dean of Faculty of the Air Force Academy.--Section
9335(b) of title 10, United States Code, is amended by striking
the first and third sentences.
(rr) Vice Chief of the National Guard Bureau.--Section
10505(a) of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by adding ``and''
at the end;
(B) in subparagraph (D), by striking ``;
and'' at the end and inserting a period; and
(C) by striking subparagraph (E); and
(2) by striking subsection (c).
(ss) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of title 10, United States Code, is amended in each
of subparagraphs (A) and (B)--
(1) by striking ``general''; and
(2) by striking ``, and shall hold the grade of
lieutenant general while so serving,''.
SEC. 503. 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. 504. PROMOTION ELIGIBILITY PERIOD FOR OFFICERS WHOSE CONFIRMATION
OF APPOINTMENT IS DELAYED DUE TO NONAVAILABILITY TO
THE SENATE OF PROBATIVE INFORMATION UNDER CONTROL
OF NON-DEPARTMENT OF DEFENSE AGENCIES.
Section 629(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Paragraph (1) does not apply when the Senate is not
able to obtain information necessary to give its advice and
consent to the appointment concerned because that information
is under the control of a department or agency of the Federal
Government other than the Department of Defense.''.
SEC. 505. CONTINUATION OF CERTAIN OFFICERS ON ACTIVE DUTY WITHOUT
REGARD TO REQUIREMENT FOR RETIREMENT FOR YEARS OF
SERVICE.
(a) Authority for Continuation on Active Duty.--
(1) In general.--Subchapter IV of chapter 36 of
title 10, United States Code, is amended by inserting
after section 637 the following new section:
``Sec. 637a. Continuation on active duty: officers in certain military
specialties and career tracks
``(a) In General.--The Secretary of the military department
concerned may authorize an officer in a grade above grade O-4
to remain on active duty after the date otherwise provided for
the retirement of the officer in section 633, 634, 635, or 636
of this title, as applicable, if the officer has a military
occupational specialty, rating, or specialty code in a military
specialty designated pursuant to subsection (b).
``(b) Military Specialties.--Each Secretary of a military
department shall designate the military specialties in which a
military occupational specialty, rating, or specialty code, as
applicable, assigned to members of the armed forces under the
jurisdiction of such Secretary authorizes the members to be
eligible for continuation on active duty as provided in
subsection (a).
``(c) Duration of Continuation.--An officer continued on
active duty pursuant to this section shall, if not earlier
retired, be retired on the first day of the month after the
month in which the officer completes 40 years of active
service.
``(d) Regulations.--The Secretaries of the military
departments shall carry out this section in accordance with
regulations prescribed by the Secretary of Defense. The
regulations shall specify the criteria to be used by the
Secretaries of the military departments in designating military
specialities for purposes of subsection (b).''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter IV of chapter 36 of title
10, United States Code, is amended by inserting after
the item relating to section 637 the following new
item:
``637a. Continuation on active duty: officers in certain military
specialties and career tracks.''.
(b) Conforming Amendments.--The following provisions of
title 10, United States Code, are amended by inserting ``or
637a'' after ``637(b)'':
(1) Section 633(a).
(2) Section 634(a).
(3) Section 635.
(4) Section 636(a).
SEC. 506. 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 section 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. 507. 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. 508. EXTENSION OF FORCE MANAGEMENT AUTHORITIES ALLOWING ENHANCED
FLEXIBILITY FOR OFFICER PERSONNEL MANAGEMENT.
(a) Temporary Early Retirement Authority.--Section 4403(i)
of the National Defense Authorization Act for Fiscal Year 1993
(10 U.S.C. 1293 note) is amended by striking ``December 31,
2018'' and inserting ``December 31, 2025''.
(b) Continuation on Active Duty.--Section 638a(a)(2) of
title 10, United States Code, is amended by striking ``December
31, 2018'' and inserting ``December 31, 2025''.
(c) Voluntary Separation Pay.--Section 1175a(k)(1) of such
title is amended by striking ``December 31, 2018'' and
inserting ``December 31, 2025''.
(d) Service-in-Grade Waivers.--Section 1370(a)(2)(F) of
such title is amended by striking ``2018'' and inserting
``2025''.
SEC. 509. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.
(a) Pilot Programs Authorized.--Each Secretary of a
military department may carry out a pilot program to improve
the ability of an Armed Force under the jurisdiction of the
Secretary to recruit cyber professionals.
(b) Elements.--Under a pilot program established under this
section, an individual who meets educational, physical, and
other requirements determined appropriate by the Secretary of
the military department concerned may receive an original
appointment as a commissioned officer in a cyber specialty.
(c) Consultation.--In developing a pilot program for the
Army or the Air Force under this section, the Secretary of the
Army and the Secretary of the Air Force may consult with the
Secretary of the Navy with respect to an existing, similar
program carried out by the Secretary of the Navy.
(d) Duration.--
(1) Commencement.--The Secretary of a military
department may commence a pilot program under this
section on or after January 1, 2017.
(2) Termination.--All pilot programs under this
section shall terminate no later than December 31,
2022.
(e) Status Report.--Not later than January 1, 2020, each
Secretary of a military department who conducts a pilot program
under this section shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing an evaluation of the success of the program
in obtaining skilled cyber personnel for the Armed Forces.
SEC. 510. LENGTH OF JOINT DUTY ASSIGNMENTS.
(a) In General.--Subsection (a) of section 664 of title 10,
United States Code, is amended by striking ``assignment--'' and
all that follows and inserting ``assignment shall be not less
than two years.''.
(b) Repeal of Authority for Shorter Length for Officers
Initially Assigned to Critical Occupational Specialties.--Such
section is further amended by striking subsection (c).
(c) Exclusions From Tour Length.--Subsection (d) of such
section is amended--
(1) in the matter preceding paragraph (1), by
striking ``the standards prescribed in subsection (a)''
and inserting ``the requirement in subsection (a)'';
(2) in paragraph (1)(D), by striking ``assignment--
'' and all that follows and inserting ``assignment as
prescribed by the Secretary of Defense in
regulations.'';
(3) by striking paragraph (2);
(4) by redesignating paragraph (3) as paragraph
(2); and
(5) in paragraph (2), as redesignated by paragraph
(4) of this subsection, by striking ``the applicable
standard prescribed in subsection (a)'' and inserting
``the requirement in subsection (a)''.
(d) Repeal of Average Tour Length Requirements.--Such
section is further amended by striking subsection (e).
(e) Full Tour of Duty.--Subsection (f) of such section is
amended--
(1) in paragraph (1), by striking ``standards
prescribed in subsection (a)'' and inserting ``the
requirement in subsection (a)'';
(2) by striking paragraphs (2) and (4);
(3) by redesignating paragraphs (3), (5), and (6)
as paragraphs (2), (3), and (4), respectively; and
(4) in paragraph (4), as redesignated by paragraph
(3) of this subsection, by striking ``, but not less
than two years''.
(f) Constructive Credit.--Subsection (h) of such section is
amended--
(1) by striking ``(1)'';
(2) by striking ``accord'' and inserting ``award'';
and
(3) by striking paragraph (2).
(g) Conforming Amendments.--Such section is further
amended--
(1) by redesignating subsections (d), (f), (g), and
(h), as amended by this section, as subsections (c),
(d), (e), and (f), respectively;
(2) in paragraph (2) of subsection (c), as so
redesignated and amended, by striking ``subsection
(f)(3)'' and inserting ``subsection (d)(2)''.
(3) paragraph (2) of subsection (d), as so
redesignated and amended, by striking ``subsection
(g)'' and inserting ``subsection (e)'';
(4) in subsection (e), as so redesignated and
amended, by striking ``subsection (f)(3)'' and
inserting ``subsection (d)(2)''; and
(5) in subsection (f), as so redesignated and
amended, by striking ``paragraphs (1), (2), and (4) of
subsection (f)'' and inserting ``subsection (d)(1)''.
SEC. 510A. REVISION OF DEFINITIONS USED FOR JOINT OFFICER MANAGEMENT.
(a) Definition of Joint Matters.--Paragraph (1) of section
668(a) of title 10, United States Code, is amended to read as
follows:
``(1) In this chapter, the term `joint matters' means
matters related to any of the following:
``(A) The development or achievement of strategic
objectives through the synchronization, coordination,
and organization of integrated forces in operations
conducted across domains, such as land, sea, or air, in
space, or in the information environment, including
matters relating to any of the following:
``(i) National military strategy.
``(ii) Strategic planning and contingency
planning.
``(iii) Command and control, intelligence,
fires, movement and maneuver, protection or
sustainment of operations under unified
command.
``(iv) National security planning with
other departments and agencies of the United
States.
``(v) Combined operations with military
forces of allied nations.
``(B) Acquisition matters conducted by members of
the armed forces and covered under chapter 87 of this
title involved in developing, testing, contracting,
producing, or fielding of multi-service programs or
systems.
``(C) Other matters designated in regulation by the
Secretary of Defense in consultation with the Chairman
of the Joint Chiefs of Staff.''.
(b) Definition of Integrated Forces.--Section 668(a)(2) of
title 10, United States Code, is amended in the matter
preceding subparagraph (A)--
(1) by striking ``integrated military forces'' and
inserting ``integrated forces''; and
(2) by striking ``the planning or execution (or
both) of operations involving'' and inserting
``achieving unified action with''.
(c) Definition of Joint Duty Assignment.--Section 668(b)(1)
of title 10, United States Code, is amended by striking
subparagraph (A) and inserting the following new subparagraph:
``(A) shall be limited to assignments in which--
``(i) the preponderance of the duties of
the officer involve joint matters and
``(ii) the officer gains significant
experience in joint matters; and''.
(d) Repeal of Definition of Critical Occupational
Speciality.--Section 668 of title 10, United States Code, is
amended by striking subsection (d).
Subtitle B--Reserve Component Management
SEC. 511. AUTHORITY FOR TEMPORARY WAIVER OF LIMITATION ON TERM OF
SERVICE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505(a)(4) of title 10, United States Code, is
amended by striking ``paragraph (3)(B) for a limited period of
time'' and inserting ``paragraph (3) for not more than 90
days''.
SEC. 512. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY TECHNICIANS.
(a) In General.--Section 709 of title 32, United States
Code, is amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``; and''
and inserting ``when the appeal concerns
activity occurring while the member is in a
military pay status, or concerns fitness for
duty in the reserve components;'';
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by inserting after paragraph (4) the
following new paragraph (5):
``(5) with respect to an appeal concerning any
activity not covered by paragraph (4), the provisions
of sections 7511, 7512, and 7513 of title 5, and
section 717 of the Civil Rights Act of 1991 (42 U.S.C.
2000e-16) shall apply; and''; and
(2) in subsection (g), by striking ``Sections'' and
inserting ``Except as provided in subsection (f),
sections''.
(b) Definitions.--Section 709 of title 32, United States
Code, is further amended by adding at the end the following new
subsection:
``(j) In this section:
``(1) The term `military pay status' means a period
of service where the amount of pay payable to a
technician for that service is based on rates of
military pay provided for under title 37.
``(2) The term `fitness for duty in the reserve
components' refers only to military-unique service
requirements that attend to military service generally,
including service in the reserve components or service
on active duty.''.
(c) Conforming Amendment.--Section 7511 of title 5, United
States Code, is amended by striking paragraph (5).
SEC. 513. INAPPLICABILITY OF CERTAIN LAWS TO NATIONAL GUARD TECHNICIANS
PERFORMING ACTIVE GUARD AND RESERVE DUTY.
Section 709(g) of title 32, United States Code, as amended
by section 512(a)(2), is further amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new
paragraph:
``(2) In addition to the sections referred to in paragraph
(1), section 6323(a)(1) of title 5 also does not apply to a
person employed under this section who is performing active
Guard and Reserve duty (as that term is defined in section
101(d)(6) of title 10).''.
SEC. 514. 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. 515. 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. 516. EXPANSION OF ELIGIBILITY FOR DEPUTY COMMANDER OF COMBATANT
COMMAND HAVING UNITED STATES AMONG GEOGRAPHIC AREA
OF RESPONSIBILITY TO INCLUDE OFFICERS OF THE
RESERVES.
Section 164(e)(4) of title 10, United States Code, is
amended--
(1) by striking ``the National Guard'' and
inserting ``a reserve component of the armed forces'';
and
(2) by striking ``a National Guard officer'' and
inserting ``a reserve component officer''.
Subtitle C--General Service Authorities
SEC. 521. MATTERS RELATING TO PROVISION OF LEAVE FOR MEMBERS OF THE
ARMED FORCES, INCLUDING PROHIBITION ON LEAVE NOT
EXPRESSLY AUTHORIZED BY LAW.
(a) Primary and Secondary Caregiver Leave.--Section 701 of
title 10, United States Code, is amended--
(1) by striking subsections (i) and (j); and
(2) by inserting after subsection (h) the following
new subsections (i) and (j):
``(i)(1)(A) Under regulations prescribed by the Secretary
of Defense, a member of the armed forces described in paragraph
(2) who is the primary caregiver in the case of the birth of a
child is allowed up to twelve weeks of total leave, including
up to six weeks of medical convalescent leave, to be used in
connection with such birth.
``(B) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in paragraph
(2) who is the primary caregiver in the case of the adoption of
a child is allowed up to six weeks of total leave to be used in
connection with such adoption.
``(2) Paragraph (1) applies to the following members:
``(A) A member on active duty.
``(B) A member of a reserve component performing
active Guard and Reserve duty.
``(C) A member of a reserve component subject to an
active duty recall or mobilization order in excess of
12 months.
``(3) The Secretary shall prescribe in the regulations
referred to in paragraph (1) a definition of the term `primary
caregiver' for purposes of this subsection.
``(4) Notwithstanding paragraph (1)(A), a member may
receive more than six weeks of medical convalescent leave in
connection with the birth of a child, but only if the
additional medical convalescent leave--
``(A) is specifically recommended, in writing, by
the medical provider of the member to address a
diagnosed medical condition; and
``(B) is approved by the commander of the member.
``(5) Any leave taken by a member under this subsection,
including leave under paragraphs (1) and (4), may be taken only
in one increment in connection with such birth or adoption.
``(6)(A) Any leave authorized by this subsection that is
not taken within one year of such birth or adoption shall be
forfeited.
``(B) Any leave authorized by this subsection for a member
of a reserve component on active duty that is not taken by the
time the member is separated from active duty shall be
forfeited at that time.
``(7) The period of active duty of a member of a reserve
component may not be extended in order to permit the member to
take leave authorized by this subsection.
``(8) Under the regulations prescribed for purposes of this
subsection, a member taking leave under paragraph (1) may, as a
condition for taking such leave, be required--
``(A) to accept an extension of the member's
current service obligation, if any, by one week for
every week of leave taken under paragraph (1); or
``(B) to incur a reduction in the member's leave
account by one week for every week of leave taken under
paragraph (1).
``(9)(A) Leave authorized by this subsection is in addition
to any other leave provided under other provisions of this
section.
``(B) Medical convalescent leave under paragraph (4) is in
addition to any other leave provided under other provisions of
this subsection.
``(10)(A) Subject to subparagraph (B), a member taking
leave under paragraph (1) during a period of obligated service
shall not be eligible for terminal leave, or to sell back
leave, at the end such period of obligated service.
``(B) Under the regulations for purposes of this
subsection, the Secretary concerned may waive, whether in whole
or in part, the applicability of subparagraph (A) to a member
who reenlists at the end of the member's period of obligated
service described in that subparagraph if the Secretary
determines that the waiver is in the interests of the armed
force concerned.
``(j)(1) Under regulations prescribed by the Secretary of
Defense, a member of the armed forces described in subsection
(i)(2) who is the secondary caregiver in the case of the birth
of a child or the adoption of a child is allowed up to 21 days
of leave to be used in connection with such birth or adoption.
``(2) The Secretary shall prescribe in the regulations
referred to in paragraph (1) a definition of the term
`secondary caregiver' for purposes of this subsection.
``(3) Any leave taken by a member under this subsection may
be taken only in one increment in connection with such birth or
adoption.
``(4) Under the regulations prescribed for purposes of this
subsection, paragraphs (6) through (10) of subsection (i)
(other than paragraph (9)(B) of such subsection) shall apply to
leave, and the taking of leave, authorized by this
subsection.''.
(b) Prohibition on Leave Not Expressly Authorized by Law.--
(1) Prohibition.--Chapter 40 of title 10, United
States Code, is amended by inserting after section 704
the following new section:
``Sec. 704a. Administration of leave: prohibition on authorizing,
granting, or assigning leave not expressly
authorized by law
``No member or category of members of the armed forces may
be authorized, granted, or assigned leave, including uncharged
leave, not expressly authorized by a provision of this chapter
or another statute unless expressly authorized by an Act of
Congress enacted after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2017.''.
(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 704 the following new item:
``704a. Administration of leave: prohibition on authorizing, granting,
or assigning leave not expressly authorized by law.''.
SEC. 522. TRANSFER OF PROVISION RELATING TO EXPENSES INCURRED IN
CONNECTION WITH LEAVE CANCELED DUE TO CONTINGENCY
OPERATIONS.
(a) Enactment in Title 10, United States Code, of Authority
for Reimbursement of Expenses.--Chapter 40 of title 10, United
States Code, is amended by inserting after section 709 the
following new section:
``Sec. 709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned
may reimburse a member of the armed forces under the
jurisdiction of the Secretary for travel and related expenses
(to the extent not otherwise reimbursable under law) incurred
by the member as a result of the cancellation of previously
approved leave when--
``(1) the leave is canceled in connection with the
member's participation in a contingency operation; and
``(2) the cancellation occurs within 48 hours of
the time the leave would have commenced.
``(b) Regulations.--The Secretary of Defense and, in the
case of the Coast Guard when it is not operating as a service
in the Navy, the Secretary of Homeland Security shall prescribe
regulations to establish the criteria for the applicability of
subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final and
conclusive.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 40 of such title is amended by inserting
after the item relating to section 709 the following new item:
``709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement.''.
(c) Repeal of Superseded Authority.--Section 453 of title
37, United States Code, is amended by striking subsection (g).
SEC. 523. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY
INSTRUMENTS.
(a) Expansion of Authority To Execute Military Testamentary
Instruments.--Section 1044d(c) of title 10, United States Code,
is amended--
(1) by striking paragraph (2) and inserting the
following:
``(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;''; and
(2) in paragraph (3), 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.--
Section 1044a(b) 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. 524. MEDICAL EXAMINATION BEFORE ADMINISTRATIVE SEPARATION FOR
MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY IN CONNECTION WITH SEXUAL
ASSAULT.
Section 1177(a)(1) of title 10, United States Code, is
amended--
(1) by inserting ``, or sexually assaulted,'' after
``deployed overseas in support of a contingency
operation''; and
(2) by inserting ``or based on such sexual
assault,'' after ``while deployed,''.
SEC. 525. REDUCTION OF TENURE ON THE TEMPORARY DISABILITY RETIRED LIST.
(a) Reduction of Tenure.--Section 1210 of title 10, United
States Code, is amended--
(1) in subsection (b), by striking ``five years''
and inserting ``three years''; and
(2) in subsection (h), by striking ``five years''
and inserting ``three years''.
(b) Applicability.--The amendments made by subsection (a)
shall take effect on January 1, 2017, and shall apply to
members of the Armed Forces whose names are placed on the
temporary disability retired list on or after that date.
SEC. 526. 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. 527. CONSOLIDATION OF ARMY MARKETING AND PILOT PROGRAM ON
CONSOLIDATED ARMY RECRUITING.
(a) Consolidation of Army Marketing.--Not later than
October 1, 2017, the Secretary of the Army shall consolidate
into a single organization within the Department of the Army
all functions relating to the marketing of the Army and each of
the components of the Army in order to assure unity of effort
and cost effectiveness in the marketing of the Army and each of
the components of the Army.
(b) Pilot Program on Consolidated Army Recruiting.--
(1) Pilot program required.--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.
(2) Credit toward enlistment goals.--Under the
pilot program, a recruiter shall receive credit toward
periodic enlistment goals for each enlistment
regardless of the component in which the individual
enlists.
(3) Duration.--The Secretary shall carry out the
pilot program for a period of not less than three
years.
(c) Briefing and Reports.--
(1) Briefing on consolidation plan.--Not later than
March 1, 2017, the Secretary of the Army shall provide
to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the
Secretary's plan to carry out the Army marketing
consolidation required by subsection (a).
(2) Interim report on pilot program.--
(A) In general.--Not later than one year
after the date on which the pilot program under
subsection (b) commences, the Secretary shall
submit to the congressional committees
specified in paragraph (1) 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.
(3) Final report on pilot program.--Not later than
180 days after the date on which the pilot program is
completed, the Secretary shall submit to the
congressional committees specified in paragraph (1) a
final report on the pilot program. The 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.
Subtitle D--Member Whistleblower Protections and Correction of Military
Records
SEC. 531. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCEDURES.
(a) Actions Treatable as Prohibited Personnel Actions.--
Paragraph (2) of section 1034(b) of title 10, United States
Code, is amended to read as follows:
``(2)(A) The actions considered for purposes of this
section to be a personnel action prohibited by this subsection
shall include any action prohibited by paragraph (1), including
any of the following:
``(i) The threat to take any unfavorable action.
``(ii) The withholding, or threat to withhold, any
favorable action.
``(iii) The making of, or threat to make, a
significant change in the duties or responsibilities of
a member of the armed forces not commensurate with the
member's grade.
``(iv) The failure of a superior to respond to any
retaliatory action or harassment (of which the superior
had actual knowledge) taken by one or more subordinates
against a member.
``(v) The conducting of a retaliatory investigation
of a member.
``(B) In this paragraph, the term `retaliatory
investigation' means an investigation requested, directed,
initiated, or conducted for the primary purpose of punishing,
harassing, or ostracizing a member of the armed forces for
making a protected communication.
``(C) Nothing in this paragraph shall be construed to limit
the ability of a commander to consult with a superior in the
chain of command, an inspector general, or a judge advocate
general on the disposition of a complaint against a member of
the armed forces for an allegation of collateral misconduct or
for a matter unrelated to a protected communication. Such
consultation shall provide an affirmative defense against an
allegation that a member requested, directed, initiated, or
conducted a retaliatory investigation under this section.''.
(b) Action in Response to Hardship in Connection With
Personnel Actions.--Section 1034 of title 10, United States
Code, is amended--
(1) in subsection (c)(4)--
(A) by redesignating subparagraph (E) as
subparagraph (F); and
(B) by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) If the Inspector General makes a preliminary
determination in an investigation under subparagraph (D) that,
more likely than not, a personnel action prohibited by
subsection (b) has occurred and the personnel action will
result in an immediate hardship to the member alleging the
personnel action, the Inspector General shall promptly notify
the Secretary of the military department concerned or the
Secretary of Homeland Security, as applicable, of the hardship,
and such Secretary shall take such action as such Secretary
considers appropriate.''; and
(2) in subsection (e)(1), by striking ``subsection
(c)(4)(E)'' and inserting ``subsection (c)(4)(F)''.
(c) Periodic Notice to Members on Progress of Inspector
General Investigations.--Paragraph (3) of section 1034(e) of
title 10, United States Code, is amended to read as follows:
``(3)(A) Not later than 180 days after the commencement of
an investigation of an allegation under subsection (c)(4), and
every 180 days thereafter until the transmission of the report
on the investigation under paragraph (1) to the member
concerned, the Inspector General conducting the investigation
shall submit a notice on the investigation described in
subparagraph (B) to the following:
``(i) The member.
``(ii) The Secretary of Defense.
``(iii) The Secretary of the military department
concerned, or the Secretary of Homeland Security in the
case of a member of the Coast Guard when the Coast
Guard is not operating as a service in the Navy.
``(B) Each notice on an investigation under subparagraph
(A) shall include the following:
``(i) A description of the current progress of the
investigation.
``(ii) An estimate of the time remaining until the
completion of the investigation and the transmittal of
the report required by paragraph (1) to the member
concerned.''.
(d) Correction of Records.--Paragraph (2) of section
1034(g) of title 10, United States Code, is amended to read as
follows:
``(2) In resolving an application described in paragraph
(1) for which there is a report of the Inspector General under
subsection (e)(1), a correction board--
``(A) shall review the report of the Inspector
General;
``(B) may request the Inspector General to gather
further evidence;
``(C) may receive oral argument, examine and cross-
examine witnesses, and take depositions; and
``(D) shall consider a request by a member or
former member in determining whether to hold an
evidentiary hearing.''.
(e) Uniform Standards for Inspector General Investigations
of Prohibited Personnel Actions and Other Matters.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Inspector
General of the Department of Defense shall prescribe
uniform standards for the following:
(A) The investigation of allegations of
prohibited personnel actions under section 1034
of title 10, United States Code (as amended by
this section), by the Inspector General and the
Inspectors General of the military departments.
(B) The training of the staffs of the
Inspectors General referred to in subparagraph
(A) on the conduct of investigations described
in that subparagraph.
(2) Use.--Commencing 180 days after prescription of
the standards required by paragraph (1), the Inspectors
General referred to in that paragraph shall comply with
such standards in the conduct of investigations
described in that paragraph and in the training of the
staffs of such Inspectors General in the conduct of
such investigations.
SEC. 532. MODIFICATION OF WHISTLEBLOWER PROTECTION AUTHORITIES TO
RESTRICT CONTRARY FINDINGS OF PROHIBITED PERSONNEL
ACTION BY THE SECRETARY CONCERNED.
(a) In General.--Section 1034(f) of title 10, United States
Code, is amended--
(1) in the subsection heading, by striking
``Violations'' and inserting ``Substantiated
Violations''; and
(2) in paragraph (1), by striking ``there is
sufficient basis'' and all that follows and inserting
``corrective or disciplinary action should be taken. If
the Secretary concerned determines that corrective or
disciplinary action should be taken, the Secretary
shall take appropriate corrective or disciplinary
action.''.
(b) Actions Following Determinations.--Paragraph (2) of
such section is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``the Secretary concerned
determines under paragraph (1)'' and inserting
``the Inspector General determines''; and
(B) by striking ``the Secretary shall'' and
inserting ``the Secretary concerned shall'';
(2) in subparagraph (A), by inserting ``, including
referring the report to the appropriate board for the
correction of military records'' before the semicolon;
and
(3) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) submit to the Inspector General a report on
the actions taken by the Secretary pursuant to this
paragraph, and provide for the inclusion of a summary
of the report under this subparagraph (with any
personally identifiable information redacted) in the
semiannual report to Congress of the Inspector General
of the Department of Defense or the Inspector General
of the Department of Homeland Security, as applicable,
under section 5 of the Inspector General Act of 1978 (5
U.S.C. App.).''.
(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 received by the Secretaries
of the military departments and the Secretary of Homeland
Security under section 1034(e) of title 10, United States Code,
on or after that date.
SEC. 533. AVAILABILITY OF CERTAIN CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARD INFORMATION THROUGH THE
INTERNET.
(a) Board for the Correction of Military Records.--Section
1552 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the following
new subsection (h):
``(h) Each board established under this section shall make
available to the public each calender quarter, on an Internet
website of the military department concerned or the Department
of Homeland Security, as applicable, that is available to the
public the following:
``(1) The number of claims considered by such board
during the calendar quarter preceding the calender
quarter in which such information is made available,
including cases in which a mental health condition of
the claimant, including post-traumatic stress disorder
or traumatic brain injury, is alleged to have
contributed, whether in whole or part, to the original
characterization of the discharge or release of the
claimant.
``(2) The number of claims submitted during the
calendar quarter preceding the calender quarter in
which such information is made available that relate to
service by a claimant during a war or contingency
operation, catalogued by each war or contingency
operation.
``(3) The number of military records corrected
pursuant to the consideration described in paragraph
(1) to upgrade the characterization of discharge or
release of claimants.''.
(b) Discharge Review Board.--Section 1553 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(f) Each board established under this section shall make
available to the public each calender quarter, on an Internet
website of the military department concerned or the Department
of Homeland Security, as applicable, that is available to the
public the following:
``(1) The number of motions or requests for review
considered by such board during the calendar quarter
preceding the calender quarter in which such
information is made available, including cases in which
a mental health condition of the former member,
including post-traumatic stress disorder or traumatic
brain injury, is alleged to have contributed, whether
in whole or part, to the original characterization of
the discharge or dismissal of the former member.
``(2) The number of claims submitted during the
calendar quarter preceding the calender quarter in
which such information is made available that relate to
service by a claimant during a war or contingency
operation, catalogued by each war or contingency
operation.
``(3) The number of discharges or dismissals
corrected pursuant to the consideration described in
paragraph (1) to upgrade the characterization of
discharge or dismissal of former members.''.
SEC. 534. IMPROVEMENTS TO AUTHORITIES AND PROCEDURES FOR THE CORRECTION
OF MILITARY RECORDS.
(a) Procedures of Boards.--Paragraph (3) of section 1552(a)
of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new
subparagraphs:
``(B) If a board makes a preliminary determination that a
claim under this section lacks sufficient information or
documents to support the claim, the board shall notify the
claimant, in writing, indicating the specific information or
documents necessary to make the claim complete and reviewable
by the board.
``(C) If a claimant is unable to provide military personnel
or medical records applicable to a claim under this section,
the board shall make reasonable efforts to obtain the records.
A claimant shall provide the board with documentary evidence of
the efforts of the claimant to obtain such records. The board
shall inform the claimant of the results of the board's
efforts, and shall provide the claimant copies of any records
so obtained upon request of the claimant.
``(D) Any request for reconsideration of a determination of
a board under this section, no matter when filed, shall be
reconsidered by a board under this section if supported by
materials not previously presented to or considered by the
board in making such determination.''.
(b) Publication of Final Decisions of Boards.--Such section
is further amended by adding at the end the following new
paragraph:
``(5) Each final decision of a board under this subsection
shall be made available to the public in electronic form on a
centralized Internet website. In any decision so made available
to the public there shall be redacted all personally
identifiable information.''.
(c) Training of Members of Boards.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, each Secretary
concerned shall develop and implement a comprehensive
training curriculum for members of boards for the
correction of military records under the jurisdiction
of such Secretary in the duties of such boards under
section 1552 of title 10, United States Code. The
curriculum shall address all areas of administrative
law applicable to the duties of such boards.
(2) Uniform curricula.--The Secretary of Defense
and the Secretary of Homeland Security shall jointly
ensure that the curricula developed and implemented
pursuant to this subsection are, to the extent
practicable, uniform.
(3) Training.--
(A) In general.--Each member of a board for
the correction of military records shall
undergo retraining (consistent with the
curriculum developed and implemented pursuant
to this subsection) regarding the duties of
boards for the correction of military records
under section 1552 of title 10, United States
Code, at least once every five years during the
member's tenure on the board.
(B) Current members.--Each member of a
board for the correction of military records as
of the date of the implementation of the
curriculum required by paragraph (1) (in this
paragraph referred to as the ``curriculum
implementation date'') shall undergo training
described in subparagraph (A) not later than 90
days after the curriculum implementation date.
(C) New members.--Each individual who
becomes a member of a board for the correction
of military records after the curriculum
implementation date shall undergo training
described in subparagraph (A) by not later than
90 days after the date on which such individual
becomes a member of the board.
(4) Reports.--Not later than 18 months after the
date of the enactment of this Act, each Secretary
concerned shall submit to Congress a report setting
forth the following:
(A) A description and assessment of the
progress made by such Secretary in implementing
training requirements for members of boards for
the correction of military records under the
jurisdiction of such Secretary.
(B) A detailed description of the training
curriculum required of such Secretary by
paragraph (1).
(C) A description and assessment of any
impediments to the implementation of training
requirements for members of boards for the
correction of military records under the
jurisdiction of such Secretary.
(5) Secretary concerned defined.--In this
subsection, the term ``Secretary concerned'' means a
``Secretary concerned'' as that term is used in section
1552 of title 10, United States Code.
SEC. 535. TREATMENT BY DISCHARGE REVIEW BOARDS OF CLAIMS ASSERTING
POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN
INJURY IN CONNECTION WITH COMBAT OR SEXUAL TRAUMA
AS A BASIS FOR REVIEW OF DISCHARGE.
Section 1553(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) In addition to the requirements of paragraphs (1)
and (2), in the case of a former member described in
subparagraph (B), the Board shall--
``(i) review medical evidence of the Secretary of
Veterans Affairs or a civilian health care provider
that is presented by the former member; and
``(ii) review the case with liberal consideration
to the former member that post-traumatic stress
disorder or traumatic brain injury potentially
contributed to the circumstances resulting in the
discharge of a lesser characterization.
``(B) A former member described in this subparagraph is a
former member described in paragraph (1) or a former member
whose application for relief is based in whole or in part on
matters relating to post-traumatic stress disorder or traumatic
brain injury as supporting rationale, or as justification for
priority consideration, whose post-traumatic stress disorder or
traumatic brain injury is related to combat or military sexual
trauma, as determined by the Secretary concerned.''.
SEC. 536. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF INTEGRITY
OF DEPARTMENT OF DEFENSE WHISTLEBLOWER PROGRAM.
(a) Report Required.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth a review of the integrity of the
Department of Defense whistleblower program.
(b) Elements.--The review for purposes of the report
required by subsection (a) shall include the following
elements:
(1) An assessment of the extent to which the
Department of Defense whistleblower program meets
executive branch policies and goals for whistleblower
protections.
(2) An assessment of the adequacy of procedures to
handle and address complaints submitted by employees in
the Office of the Inspector General of the Department
of Defense to ensure that such employees themselves are
able to disclose a suspected violation of law, rule, or
regulation without fear of reprisal.
(3) An assessment of the extent to which there have
been violations of standards used in regard to the
protection of confidentiality provided to
whistleblowers by the Inspector General of the
Department of Defense.
(4) An assessment of the extent to which there have
been incidents of retaliatory investigations against
whistleblowers within the Office of the Inspector
General.
(5) An assessment of the extent to which the
Inspector General of the Department of Defense has
thoroughly investigated and substantiated allegations
within the past 10 years against civilian officials of
the Department of Defense appointed to their positions
by and with the advice and consent of the Senate, and
whether Congress has been notified of the results of
such investigations.
(6) An assessment of the ability of the Inspector
General of the Department of Defense and the Inspectors
General of the military departments to access agency
information necessary to the execution of their duties,
including classified and other sensitive information,
and an assessment of the adequacy of security
procedures to safeguard such classified or sensitive
information when so accessed.
Subtitle E--Military Justice and Legal Assistance Matters
SEC. 541. UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.
(a) Clarification of Authority of Judges of the Court To
Administer Oaths and Acknowledgments.--Subsection (c) of
section 936 of title 10, United States Code (article 136 of the
Uniform Code of Military Justice), is amended to read as
follows:
``(c) Each judge and senior judge of the United States
Court of Appeals for the Armed Forces shall have the powers
relating to oaths, affirmations, and acknowledgments provided
to justices and judges of the United States by section 459 of
title 28.''.
(b) Modification of Term of Judges of the Court to Restore
Rotation of Judges.--
(1) Early retirement authorized for one current
judge.--If the judge of the United States Court of
Appeals for the Armed Forces who is the junior in
seniority of the two judges of the court whose terms of
office under section 942(b)(2) of title 10, United
States Code (article 142(b)(2) of the Uniform Code of
Military Justice), expire on July 31, 2021, chooses to
retire one year early, that judge--
(A) may retire from service on the court
effective August 1, 2020; and
(B) shall be treated, upon such retirement,
for all purposes as having completed a term of
service for which the judge was appointed as a
judge of the court.
(2) Staggering of future appointments.--Section
942(b)(2) of title 10, United States Code (article
142(b)(2) of the Uniform Code of Military Justice), is
amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively; and
(C) by adding at the end the following new
subparagraph:
``(B) If at the time of the appointment of a judge the date
that is otherwise applicable under subparagraph (A) for the
expiration of the term of service of the judge is the same as
the date for the expiration of the term of service of a judge
already on the court, then the term of the judge being
appointed shall expire on the first July 31 after such date on
which no term of service of a judge already on the court will
expire.''.
(3) Application of amendments.--The amendments made
by paragraph (2) shall apply with respect to
appointments to the United States Court of Appeals for
the Armed Forces that are made on or after the date of
the enactment of this Act.
(c) Repeal of Requirement Relating to Political Party
Status of Judges of the Court.--Section 942(b)(3) of title 10,
United States Code (article 142(b)(3) of the Uniform Code of
Military Justice), is amended by striking ``Not more than three
of the judges of the court may be appointed from the same
political party, and no'' and by inserting ``No''.
(d) Modification of Daily Rate of Compensation for Senior
Judges Performing Judicial Duties With the Court.--Section
942(e)(2) of title 10, United States Code (article 142(e)(2) of
the Uniform Code of Military Justice), is amended by striking
``equal to'' and all that follows and inserting ``equal to the
difference between--
``(A) the daily equivalent of the annual rate of
pay provided for a judge of the court; and
``(B) the daily equivalent of the annuity of the
judge under section 945 of this title (article 145),
the applicable provisions of title 5, or any other
retirement system for employees of the Federal
Government under which the senior judge receives an
annuity.''.
(e) Repeal of Dual Compensation Provision Relating to
Judges of the Court.--Section 945 of title 10, United States
Code (article 145 of the Uniform Code of Military Justice), is
amended--
(1) in subsection (d), by striking ``subsection
(g)(1)(B)'' and inserting ``subsection (f)(1)(B)'';
(2) by striking subsection (f); and
(3) by redesignating subsections (g), (h), and (i)
as subsections (f), (g), and (h), respectively.
SEC. 542. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MARTIAL AND PILOT
PROGRAMS ON PROFESSIONAL MILITARY JUSTICE
DEVELOPMENT FOR JUDGE ADVOCATES.
(a) Program for Effective Prosecution and Defense.--The
Secretary concerned shall carry out a program to ensure that--
(1) trial counsel and defense counsel detailed to
prosecute or defend a court-martial have sufficient
experience and knowledge to effectively prosecute or
defend the case; and
(2) a deliberate professional developmental process
is in place to ensure effective prosecution and defense
in all courts-martial.
(b) Military Justice Experience Designators or Skill
Identifiers.--The Secretary concerned shall establish and use a
system of military justice experience designators or skill
identifiers for purposes of identifying judge advocates with
skill and experience in military justice proceedings in order
to ensure that judge advocates with experience and skills
identified through such experience designators or skill
identifiers are assigned to develop less experienced judge
advocates in the prosecution and defense in courts-martial
under a program carried out pursuant to subsection (a).
(c) Pilot Programs on Professional Developmental Process
for Judge Advocates.--
(1) Purpose.--The Secretary concerned shall carry
out a pilot program to assess the feasibility and
advisability of establishing a deliberate professional
developmental process for judge advocates under the
jurisdiction of the Secretary that leads to judge
advocates with military justice expertise serving as
military justice practitioners capable of prosecuting
and defending complex cases in military courts-martial.
(2) Additional matters.--A pilot program may also
assess such other matters related to professional
military justice development for judge advocates as the
Secretary concerned considers appropriate.
(3) Duration.--Each pilot program shall be for a
period of five years.
(4) Report.--Not later than four years after the
date of the enactment of this Act, the Secretary
concerned shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on the pilot programs conducted under this
section. The report shall include the following:
(A) A description and assessment of each
pilot program.
(B) Such recommendations as the Secretary
considers appropriate in light of the pilot
programs, including whether any pilot program
should be extended or made permanent.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
SEC. 543. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION AND
RESPONSE EFFORTS OF THE ARMED FORCES OF INFORMATION
ON COMPLAINTS OF RETALIATION IN CONNECTION WITH
REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.
Section 1631(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 1561 note) is amended by adding at the end the following
new paragraph:
``(12) Information on each claim of retaliation in
connection with a report of sexual assault in the Armed
Force made by or against a member of such Armed Force
as follows:
``(A) A narrative description of each
complaint.
``(B) The nature of such complaint,
including whether the complainant claims
professional or social retaliation.
``(C) The gender of the complainant.
``(D) The gender of the individual claimed
to have committed the retaliation.
``(E) The nature of the relationship
between the complainant and the individual
claimed to have committed the retaliation.
``(F) The nature of the relationship, if
any, between the individual alleged to have
committed the sexual assault concerned and the
individual claimed to have committed the
retaliation.
``(G) The official or office that received
the complaint.
``(H) The organization that investigated or
is investigating the complaint.
``(I) The current status of the
investigation.
``(J) If the investigation is complete, a
description of the results of the
investigation, including whether the results of
the investigation were provided to the
complainant.
``(K) If the investigation determined that
retaliation occurred, whether the retaliation
was an offense under chapter 47 of title 10,
United States Code (the Uniform Code of
Military Justice).''.
SEC. 544. EXTENSION OF THE REQUIREMENT FOR ANNUAL REPORT REGARDING
SEXUAL ASSAULTS AND COORDINATION WITH RELEASE OF
FAMILY ADVOCACY PROGRAM 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 ``March 1, 2021''; and
(2) by adding at the end the following new
subsection:
``(g) Coordination of Release Date Between Annual Reports
Regarding Sexual Assaults and Family Advocacy Report.--The
Secretary of Defense shall ensure that the reports required
under subsection (a) for a given year are delivered to the
Committees on Armed Services of the Senate and House of
Representatives simultaneously with the Family Advocacy Program
report for that year regarding child abuse and domestic
violence, as required by section 574 of the National Defense
Authorization Act for Fiscal Year 2017.''.
SEC. 545. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED FORCES TO
PREVENT AND RESPOND TO RETALIATION IN CONNECTION
WITH REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.
(a) Metrics Required.--The Sexual Assault Prevention and
Response Office of the Department of Defense shall establish
and issue to the military departments metrics to be used to
evaluate the efforts of the Armed Forces to prevent and respond
to retaliation in connection with reports of sexual assault in
the Armed Forces.
(b) Best Practices.--For purposes of enhancing and
achieving uniformity in the efforts of the Armed Forces to
prevent and respond to retaliation in connection with reports
of sexual assault in the Armed Forces, the Sexual Assault
Prevention and Response Office shall identify and issue to the
military departments best practices to be used in the
prevention of and response to retaliation in connection with
such reports.
SEC. 546. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL WHO INVESTIGATE
CLAIMS OF RETALIATION.
(a) Training Regarding Nature and Consequences of
Retaliation.--The Secretary of Defense shall ensure that the
personnel of the Department of Defense specified in subsection
(b) who investigate claims of retaliation receive training on
the nature and consequences of retaliation, and, in cases
involving reports of sexual assault, the nature and
consequences of sexual assault trauma. The training shall
include such elements as the Secretary shall specify for
purposes of this section.
(b) Covered Personnel.--The personnel of the Department of
Defense covered by subsection (a) are the following:
(1) Personnel of military criminal investigation
services.
(2) Personnel of Inspectors General offices.
(3) Personnel of any command of the Armed Forces
who are assignable by the commander of such command to
investigate claims of retaliation made by or against
members of such command.
(c) Retaliation Defined.--In this section, the term
``retaliation'' has the meaning given the term by the Secretary
of Defense in the strategy required by section 539 of the
National Defense Authorization Act of Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 818) or a subsequent meaning specified by
the Secretary.
SEC. 547. NOTIFICATION TO COMPLAINANTS OF RESOLUTION OF INVESTIGATIONS
INTO RETALIATION.
(a) Notification Required.--
(1) Members of the army, navy, air force, and
marine corps.--Under regulations prescribed by the
Secretary of Defense, upon the conclusion of an
investigation by an office, element, or personnel of
the Department of Defense or of the Armed Forces of a
complaint by a member of the Armed Forces of
retaliation, the member shall be informed in writing of
the results of the investigation, including whether the
complaint was substantiated, unsubstantiated, or
dismissed.
(2) Members of coast guard.--The Secretary of
Homeland Security shall provide in a similar manner for
notification in writing of the results of
investigations by offices, elements, or personnel of
the Department of Homeland Security or of the Coast
Guard of complaints of retaliation made by members of
the Coast Guard when it is not operating as a service
in the Navy.
(b) Retaliation Defined.--In this section, the term
``retaliation'' has the meaning given the term by the Secretary
of Defense in the strategy required by section 539 of the
National Defense Authorization Act of Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 818) or a subsequent meaning specified by
the Secretary.
SEC. 548. MODIFICATION OF DEFINITION OF SEXUAL HARASSMENT FOR PURPOSES
OF INVESTIGATIONS BY COMMANDING OFFICERS OF
COMPLAINTS OF HARASSMENT.
(a) In General.--Section 1561(e) of title 10, United States
Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph
(A), by striking ``(constituting a form of sex
discrimination)''; and
(B) in subparagraph (B), by striking ``the
work environment'' and inserting ``the
environment''; and
(2) in paragraph (3), by striking ``in the
workplace''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to complaints described in section
1561 of title 10, United States Code, that are first received
by a commanding officer or officer in charge on or after that
date.
SEC. 549. 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.--Each Secretary of a 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 Reports on Hazing.--
(1) Report required.--Not later than January 31 of
each year through January 31, 2021, each Secretary of a
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).
Subtitle F--National Commission on Military, National, and Public
Service
SEC. 551. PURPOSE, SCOPE, AND DEFINITIONS.
(a) Purpose.--The purpose of this subtitle is to establish
the National Commission on Military, National, and Public
Service to--
(1) conduct a review of the military selective
service process (commonly referred to as ``the
draft''); and
(2) consider methods to increase participation in
military, national, and public service in order to
address national security and other public service
needs of the Nation.
(b) Scope of Review.--In order to provide the fullest
understanding of the matters required under the review under
subsection (a), the Commission shall consider--
(1) the need for a military selective service
process, including the continuing need for a mechanism
to draft large numbers of replacement combat troops;
(2) means by which to foster a greater attitude and
ethos of service among United States youth, including
an increased propensity for military service;
(3) the feasibility and advisability of modifying
the military selective service process in order to
obtain for military, national, and public service
individuals with skills (such as medical, dental, and
nursing skills, language skills, cyber skills, and
science, technology, engineering, and mathematics
(STEM) skills) for which the Nation has a critical
need, without regard to age or sex; and
(4) the feasibility and advisability of including
in the military selective service process, as so
modified, an eligibility or entitlement for the receipt
of one or more Federal benefits (such as educational
benefits, subsidized or secured student loans, grants
or hiring preferences) specified by the Commission for
purposes of the review.
(c) Definitions.--In this subtitle:
(1) The term ``military service'' means active
service (as that term is defined in subsection (d)(3)
of section 101 of title 10, United States Code) in one
of the uniformed services (as that term is defined in
subsection (a)(5) of such section).
(2) The term ``national service'' means civilian
employment in Federal or State Government in a field in
which the Nation and the public have critical needs.
(3) The term ``public service'' means civilian
employment in any non-governmental capacity, including
with private for-profit organizations and non-profit
organizations (including with appropriate faith-based
organizations), that pursues and enhances the common
good and meets the needs of communities, the States, or
the Nation in sectors related to security, health, care
for the elderly, and other areas considered appropriate
by the Commission for purposes of this subtitle.
SEC. 552. PRELIMINARY REPORT ON PURPOSE AND UTILITY OF REGISTRATION
SYSTEM UNDER MILITARY SELECTIVE SERVICE ACT.
(a) Report Required.--To assist the Commission in carrying
out its duties under this subtitle, the Secretary of Defense
shall--
(1) submit, not later than July 1, 2017, to the
Committees on Armed Services of the Senate and the
House of Representatives and to the Commission 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 and to the Commission a review of the
procedures used by the Department of Defense in evaluating
selective service requirements.
SEC. 553. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC
SERVICE.
(a) Establishment.--There is established in the executive
branch an independent commission to be known as the National
Commission on Military, National, and Public Service (in this
subtitle referred to as the ``Commission''). The Commission
shall be considered an independent establishment of the Federal
Government as defined by section 104 of title 5, United States
Code, and a temporary organization under section 3161 of such
title.
(b) Membership.--
(1) Number and appointment.--The Commission shall
be composed of 11 members appointed as follows:
(A) The President shall appoint three
members.
(B) The Majority Leader of the Senate shall
appoint one member.
(C) The Minority Leader of the Senate shall
appoint one member.
(D) The Speaker of the House of
Representatives shall appoint one member.
(E) The Minority Leader of the House of
Representatives shall appoint one member.
(F) The Chairman of the Committee on Armed
Services of the Senate shall appoint one
member.
(G) The ranking minority member of the
Committee on Armed Services of the Senate shall
appoint one member.
(H) The Chairman of the Committee on Armed
Services of the House of Representatives shall
appoint one member.
(I) The ranking minority member of the
Committee on Armed Services of the House of
Representatives shall appoint one member.
(2) Deadline for appointment.--Members shall be
appointed to the Commission under paragraph (1) not
later than 90 days after the Commission establishment
date.
(3) Effect of lack of appointment by appointment
date.--If one or more appointments under subparagraph
(A) of paragraph (1) is not made by the appointment
date specified in paragraph (2), the authority to make
such appointment or appointments shall expire, and the
number of members of the Commission shall be reduced by
the number equal to the number of appointments so not
made. If an appointment under subparagraph (B), (C),
(D), (E), (F), (G), (H), or (I) of paragraph (1) is not
made by the appointment date specified in paragraph
(2), the authority to make an appointment under such
subparagraph shall expire, and the number of members of
the Commission shall be reduced by the number equal to
the number otherwise appointable under such
subparagraph.
(c) Chair and Vice Chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(d) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment was made.
(e) Status as Federal Employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the Commission shall be deemed to
be Federal employees.
(f) Pay for Members of the Commission.--
(1) In general.--Each member, other than the Chair,
of the Commission shall be paid at a rate equal to the
daily equivalent of the annual rate of basic pay
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the actual performance of duties vested in
the Commission.
(2) Chair.--The Chair of the Commission shall be
paid at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level III of the
Executive Schedule under section 5314, of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the actual
performance of duties vested in the Commission.
(g) Use of Government Information.--The Commission may
secure directly from any department or agency of the Federal
Government such information as the Commission considers
necessary to carry out its duties. Upon such request of the
chair of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(h) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(i) Authority To Accept Gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of aiding
and facilitating the work of the Commission. The authority in
this subsection does not extend to gifts of money.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or
consultants (or of organizations of experts or
consultants) in accordance with the provisions
of section 3109 of title 5, United States Code;
and
(B) pay in connection with such services
travel expenses of individuals, including
transportation and per diem in lieu of
subsistence, while such individuals are
traveling from their homes or places of
business to duty stations.
(2) Limitation.--The total number of experts or
consultants procured pursuant to paragraph (1) may not
exceed five experts or consultants.
(3) Maximum daily pay rates.--The daily rate paid
an expert or consultant procured pursuant to paragraph
(1) may not exceed the daily rate paid a person
occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(k) Funding.--Of the amounts authorized to be appropriated
by this Act for fiscal year 2017 for the Department of Defense,
up to $15,000,000 shall be made available to the Commission to
carry out its duties under this subtitle. Funds made available
to the Commission under the preceding sentence shall remain
available until expended.
SEC. 554. COMMISSION HEARINGS AND MEETINGS.
(a) In General.--The Commission shall conduct hearings on
the recommendations it is taking under consideration. Any such
hearing, except a hearing in which classified information is to
be considered, shall be open to the public. Any hearing open to
the public shall be announced on a Federal website at least 14
days in advance. For all hearings open to the public, the
Commission shall release an agenda and a listing of materials
relevant to the topics to be discussed. The Commission is
authorized and encouraged to hold hearings and meetings in
various locations throughout the country to provide maximum
opportunity for public comment and participation in the
Commission's execution of its duties.
(b) Meetings.--
(1) Initial meeting.--The Commission shall hold its
initial meeting not later than 30 days after the date
as of which all members have been appointed.
(2) Subsequent meetings.--After its initial
meeting, the Commission shall meet upon the call of the
chair or a majority of its members.
(3) Public meetings.--Each meeting of the
Commission shall be held in public unless any member
objects or classified information is to be considered.
(c) Quorum.--Six members of the Commission shall constitute
a quorum, but a lesser number may hold hearings or meetings.
(d) Public Comments.--
(1) Solicitation.--The Commission shall seek
written comments from the general public and interested
parties on matters of the Commission's review under
this subtitle. Comments shall be requested through a
solicitation in the Federal Register and announcement
on the Internet website of the Commission.
(2) Period for submittal.--The period for the
submittal of comments pursuant to the solicitation
under paragraph (1) shall end not earlier than 30 days
after the date of the solicitation and shall end on or
before the date on which recommendations are
transmitted to the Commission under section 555(d).
(3) Use by commission.--The Commission shall
consider the comments submitted under this subsection
when developing its recommendations.
(e) Space for Use of Commission.--Not later than 90 days
after the date of the enactment of this Act, the Administrator
of General Services, in consultation with the Secretary, shall
identify and make available suitable excess space within the
Federal space inventory to house the operations of the
Commission. If the Administrator is not able to make such
suitable excess space available within such 90-day period, the
Commission may lease space to the extent the funds are
available.
(f) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the
extent funds are available.
SEC. 555. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS.
(a) Context of Commission Review.--The Commission shall--
(1) conduct a review of the military selective
service process; and
(2) consider methods to increase participation in
military, national, and public service opportunities to
address national security and other public service
needs of the Nation.
(b) Development of Commission Recommendations.--The
Commission shall develop recommendations on the matters subject
to its review under subsection (a) that are consistent with the
principles established by the President under subsection (c).
(c) Presidential Principles.--
(1) In general.--Not later than three months after
the Commission establishment date, the President shall
establish and transmit to the Commission and Congress
principles for reform of the military selective service
process, including means by which to best acquire for
the Nation skills necessary to meet the military,
national, and public service requirements of the Nation
in connection with that process.
(2) Elements.--The principles required under this
subsection shall address the following:
(A) Whether, in light of the current and
predicted global security environment and the
changing nature of warfare, there continues to
be a continuous or potential need for a
military selective service process designed to
produce large numbers of combat members of the
Armed Forces, and if so, whether such a system
should include mandatory registration by all
citizens and residents, regardless of sex.
(B) The need, and how best to meet the
need, of the Nation, the military, the Federal
civilian sector, and the private sector
(including the non-profit sector) for
individuals possessing critical skills and
abilities, and how best to employ individuals
possessing those skills and abilities for
military, national, or public service.
(C) How to foster within the Nation,
particularly among United States youth, an
increased sense of service and civic
responsibility in order to enhance the
acquisition by the Nation of critically needed
skills through education and training, and how
best to acquire those skills for military,
national, or public service.
(D) How to increase a propensity among
United States youth for service in the
military, or alternatively in national or
public service, including how to increase the
pool of qualified applicants for military
service.
(E) The need in Government, including the
military, and in the civilian sector to
increase interest, education, and employment in
certain critical fields, including science,
technology, engineering, and mathematics
(STEM), national security, cyber, linguistics
and foreign language, education, health care,
and the medical professions.
(F) How military, national, and public
service may be incentivized, including through
educational benefits, grants, federally-insured
loans, Federal or State hiring preferences, or
other mechanisms that the President considers
appropriate.
(G) Any other matters the President
considers appropriate for purposes of this
subtitle.
(d) Cabinet Recommendations.--Not later than seven months
after the Commission establishment date, the Secretary of
Defense, the Attorney General, the Secretary of Homeland
Security, the Secretary of Labor, and such other Government
officials, and such experts, as the President shall designate
for purposes of this subsection shall jointly transmit to the
Commission and Congress recommendations for the reform of the
military selective service process and military, national, and
public service in connection with that process.
(e) Commission Report and Recommendations.--
(1) Report.--Not later than 30 months after the
Commission establishment date, the Commission shall
transmit to the President and Congress a report
containing the findings and conclusions of the
Commission, together with the recommendations of the
Commission regarding the matters reviewed by the
Commission pursuant to this subtitle. The Commission
shall include in the report legislative language and
recommendations for administrative action to implement
the recommendations of the Commission. The findings and
conclusions in the report shall be based on the review
and analysis by the Commission of the recommendations
made under subsection (d).
(2) Requirement for approval.--The recommendations
of the Commission must be approved by at least five
members of the Commission before the recommendations
may be transmitted to the President and Congress under
paragraph (1).
(3) Public availability.--The Commission shall
publish a copy of the report required by paragraph (1)
on an Internet website available to the public on the
same date on which it transmits that report to the
President and Congress under that paragraph.
(f) Judicial Review Precluded.--Actions under this section
of the President, the officials specified or designated under
subsection (d), and the Commission shall not be subject to
judicial review.
SEC. 556. EXECUTIVE DIRECTOR AND STAFF.
(a) Executive Director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161 of title 5, United States Code.
(b) Staff.--Subject to subsections (c) and (d), the
Executive Director, with the approval of the Commission, may
appoint and fix the rate of basic pay for additional personnel
as staff of the Commission in accordance with section 3161 of
title 5, United States Code.
(c) Limitations on Staff.--
(1) Number of detailees from executive
departments.--Not more than one-third of the personnel
employed by or detailed to the Commission may be on
detail from the Department of Defense and other
executive branch departments.
(2) Prior duties within executive branch.--A person
may not be detailed from the Department of Defense or
other executive branch department to the Commission if,
in the year before the detail is to begin, that person
participated personally and substantially in any matter
concerning the preparation of recommendations for the
military selective service process and military and
public service in connection with that process.
(d) Limitations on Performance Reviews.--No member of the
uniformed services, and no officer or employee of the
Department of Defense or other executive branch department
(other than a member of the uniformed services or officer or
employee who is detailed to the Commission), may--
(1) prepare any report concerning the
effectiveness, fitness, or efficiency of the
performance of the staff of the Commission or any
person detailed to that staff;
(2) review the preparation of such a report (other
than for administrative accuracy); or
(3) approve or disapprove such a report.
SEC. 557. TERMINATION OF COMMISSION.
Except as otherwise provided in this subtitle, the
Commission shall terminate not later than 36 months after the
Commission establishment date.
Subtitle G--Member Education, Training, Resilience, and Transition
SEC. 561. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE ARMED FORCES
IN OBTAINING PROFESSIONAL CREDENTIALS.
(a) Scope of Program.--Section 2015(a)(1) of title 10,
United States Code, is amended by striking ``incident to the
performance of their military duties''.
(b) 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):
``(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. 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. 563. INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE PROGRAM
REGARDING EFFECT OF RECEIPT OF BOTH VETERAN
DISABILITY COMPENSATION AND VOLUNTARY SEPARATION
PAY.
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 required
deduction, pursuant to subsection (h) of section 1175a
of this title, from disability compensation paid by the
Secretary of Veterans Affairs of amounts equal to any
voluntary separation pay received by the member under
such section.''.
SEC. 564. TRAINING UNDER TRANSITION ASSISTANCE PROGRAM ON CAREER AND
EMPLOYMENT OPPORTUNITIES ASSOCIATED WITH
TRANSPORTATION SECURITY CARDS.
(a) In General.--Section 1144(b) of title 10, United States
Code, as amended by section 563, is further amended by adding
at the end the following new paragraph:
``(11) Acting through the Secretary of the
department in which the Coast Guard is operating,
provide information on career and employment
opportunities available to members with transportation
security cards issued under section 70105 of title
46.''.
(b) Deadline for Implementation.--The program carried out
under section 1144 of title 10, United States Code, shall
satisfy the requirements of subsection (b)(11) of such section
(as added by subsection (a) of this section) by not later than
180 days after the date of the enactment of this Act.
SEC. 565. 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. 566. 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 the United States Merchant Marine Academy for
classes entering these service academies after January 1, 2018.
SEC. 567. REPORT AND GUIDANCE ON 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 180 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.--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 the following:
(1) An assessment of the successes of the Job
Training, Employment Skills Training, Apprenticeships,
and Internships and SkillBridge initiatives.
(2) Recommendations by the Under Secretary on ways
in which the administration of the initiatives could be
improved.
(3) Recommendations by civilian companies
participating in the initiatives on ways in which the
administration of the initiatives could be improved.
SEC. 568. 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--
(1) to 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 postservice 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 Regulations, 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.
Subtitle H--Defense Dependents' Education and Military Family Readiness
Matters
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) Impact Aid for Children With Severe Disabilities.--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
section 4301, $5,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).
(c) 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. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE TRANSITION
AND SUPPORT OF MILITARY DEPENDENT STUDENTS TO LOCAL
EDUCATIONAL AGENCIES.
(a) Extension.--Section 574(c)(3) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (20
U.S.C. 7703b note) is amended by striking ``September 30,
2016'' and inserting ``September 30, 2017''.
(b) Information To Be Included With Future Requests for
Extension.--The budget justification materials that accompany
any budget of the President for a fiscal year after fiscal year
2017 (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) that includes a request for the
extension of section 574(c) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 shall include the
following:
(1) A full accounting of the expenditure of funds
pursuant to such section 574(c) during the last fiscal
year ending before the date of the submittal of the
budget.
(2) An assessment of the impact of the expenditure
of such funds on the quality of opportunities for
elementary and secondary education made available for
military dependent students.
SEC. 573. 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. 574. 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 April 30, 2017, and annually thereafter through
April 30, 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 Reports
Regarding Sexual Assaults and Family Advocacy Program Report.--
The Secretary of Defense shall ensure that the sexual assault
reports required to be submitted under section 1631(d) of the
Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 10 U.S.C. 1561 note) for a year are
delivered to the Committees on Armed Services of the House of
Representatives and the Senate simultaneously with the report
for that year required under this section.
SEC. 575. REPORTING ON ALLEGATIONS OF CHILD ABUSE IN MILITARY FAMILIES
AND HOMES.
(a) Reports to Family Advocacy Program Offices.--
(1) In general.--The following information shall be
reported immediately to the Family Advocacy Program
office at the military installation to which the member
of the Armed Forces concerned is assigned:
(A) Credible information (which may include
a reasonable belief), obtained by any
individual within the chain of command of the
member, that a child in the family or home of
the member has suffered an incident of child
abuse.
(B) Information, learned by a member of the
Armed Forces engaged in a profession or
activity described in section 226(b) of the
Victims of Child Abuse Act of 1990 (42 U.S.C.
13031(b)) for members of the Armed Forces and
their dependents, that gives reason to suspect
that a child in the family or home of the
member has suffered an incident of child abuse.
(2) Regulations.--The Secretary of Defense and the
Secretary of Homeland Security (with respect to the
Coast Guard when it is not operating as a service in
the Navy) shall jointly prescribe regulations to carry
out this subsection.
(3) Child abuse defined.--In this subsection, the
term ``child abuse'' has the meaning given that term in
section 226(c) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13031(c)).
(b) Reports to State Child Welfare Services.--Section 226
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) is
amended--
(1) in subsection (a), by inserting `` and to the
agency or agencies provided for in subsection (e), if
applicable'' before the period;
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(3) by inserting after subsection (d) the following
new subsection (e):
``(e) Reporters and Recipient of Report Involving Children
and Homes of Members of the Armed Forces.--
``(1) Recipients of reports.--In the case of an
incident described in subsection (a) involving a child
in the family or home of member of the Armed Forces
(regardless of whether the incident occurred on or off
a military installation), the report required by
subsection (a) shall be made to the appropriate child
welfare services agency or agencies of the State in
which the child resides. The Attorney General, the
Secretary of Defense, and the Secretary of Homeland
Security (with respect to the Coast Guard when it is
not operating as a service in the Navy) shall jointly,
in consultation with the chief executive officers of
the States, designate the child welfare service
agencies of the States that are appropriate recipients
of reports pursuant to this subsection. Any report on
an incident pursuant to this subsection is in addition
to any other report on the incident pursuant to this
section.
``(2) Makers of reports.--For purposes of the
making of reports under this section pursuant to this
subsection, the persons engaged in professions and
activities described in subsection (b) shall include
members of the Armed Forces who are engaged in such
professions and activities for members of the Armed
Forces and their dependents.''.
SEC. 576. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS' EDUCATION.
Section 1411 of the Defense Dependents' Education Act of
1978 (20 U.S.C. 929) is repealed.
SEC. 577. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE FOR CHILDREN
OF MILITARY FAMILIES.
(a) Authority to Provide Support.--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 of Defense 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 settings, 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) Use of Support.--Support provided by the Secretary of
Defense 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. 578. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND
REPORT ON EXCEPTIONAL FAMILY MEMBER PROGRAMS.
(a) Assessment and Report Required.--
(1) Assessment.--The Comptroller General of the
United States shall conduct an assessment on the
effectiveness of each Exceptional Family Member Program
of the Armed Forces.
(2) Report.--Not later than December 31, 2017, the
Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report containing the results of the
assessment conducted under this subsection.
(b) Elements.--The assessment and report under subsection
(a) shall address the following:
(1) The differences between each Exceptional Family
Member Program of the Armed Forces.
(2) The manner in which Exceptional Family Member
Programs are implemented on joint bases and
installations.
(3) The extent to which military family members are
screened for potential coverage under an Exceptional
Family Member Program and the manner of such screening.
(4) The degree to which conditions of military
family members who qualify for coverage under an
Exceptional Family Member Program are taken into
account in making assignments of military personnel.
(5) The types of services provided to address the
needs of military family members who qualify for
coverage under an Exceptional Family Member Program.
(6) The extent to which the Department of Defense
has implemented specific directives for providing
family support and enhanced case management services,
such as special needs navigators, to military families
with special needs children.
(7) The extent to which the Department has
conducted periodic reviews of best practices in the
United States for the provision of medical and
educational services to military family members with
special needs.
(8) The necessity in the Department for an advisory
panel on community support for military families
members with special needs.
(9) The development and implementation of the
uniform policy for the Department regarding families
with special needs required by section 1781c(e) of
title 10, United States Code.
(10) The implementation by each Armed Force of the
recommendations in the Government Accountability Report
entitled ``Military Dependent Students, Better
Oversight Needed to Improve Services for Children with
Special Needs'' (GAO-12-680).
SEC. 579. IMPACT AID AMENDMENTS.
(a) Military ``Build to Lease'' Program Housing.--
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--
(A) shall 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) shall be applicable with respect to
appropriations for use under title VIII of the
Elementary and Secondary Education Act of 1965
(Public Law 114-95; 129 Stat. 1802); 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).
(b) Eligibility for Heavily Impacted Local Educational
Agencies.--
(1) Amendment.--Subclause (I) of section
7003(b)(2)(B)(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(I))
is amended to read as follows:
``(I) is a local
educational agency--
``(aa) whose
boundaries are the same
as a Federal military
installation; or
``(bb)(AA) whose
boundaries are the same
as an island property
designated by the
Secretary of the
Interior to be property
that is held in trust
by the Federal
Government; and
``(BB) that has no
taxing authority;''.
(2) Effective date.--The amendment made by
paragraph (1) shall take 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), beginning with fiscal year
2017 and as if enacted as part of title VII of the
Every Student Succeeds Act.
(c) Special Rule Regarding the Per-Pupil Expenditure
Requirement.--
(1) References.--Except as otherwise expressly
provided, any reference in this subsection to a section
or other provision of title VII of the Elementary and
Secondary Education Act of 1965 shall be considered to
be a reference to the section or other provision of
such title VII as amended by the Every Student Succeeds
Act (Public Law 114-95; 129 Stat. 1802).
(2) In general.--Notwithstanding section 5(d) of
the Every Student Succeeds Act (Public Law 114-95; 129
Stat. 1806) or section 7003(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)),
with respect to any application submitted under section
7005 of such Act (20 U.S.C. 7705) for eligibility
consideration under subclause (II) or (V) of section
7003(b)(2)(B)(i) of such Act for fiscal year 2017,
2018, or 2019, the Secretary of Education shall
determine that a local educational agency meets the
per-pupil expenditure requirement for purposes of such
subclause (II) or (V), as applicable, only if--
(A) in the case of a local educational
agency that received a basic support payment
for fiscal year 2001 under section
8003(b)(2)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)(B))
(as such section was in effect for such fiscal
year), the agency, for the year for which the
application is submitted, has a per-pupil
expenditure that is less than the average per-
pupil expenditure of the State in which the
agency is located or the average per-pupil
expenditure of all States (whichever average
per-pupil expenditure is greater), except that
a local educational agency with a total student
enrollment of less than 350 students shall be
deemed to have satisfied such per-pupil
expenditure requirement; or
(B) in the case of a local educational
agency that did not receive a basic support
payment for fiscal year 2015 under such section
8003(b)(2)(B), as so in effect, the agency, for
the year for which the application is
submitted--
(i) has a total student enrollment
of 350 or more students and a per-pupil
expenditure that is less than the
average per-pupil expenditure of the
State in which the agency is located;
or
(ii) has a total student enrollment
of less than 350 students and a per-
pupil expenditure that is less than the
average per-pupil expenditure of a
comparable local educational agency or
3 comparable local educational agencies
(whichever average per-pupil
expenditure is greater), in the State
in which the agency is located.
(d) Payments for Eligible Federally Connected Children.--
(1) Amendments.--Section 7003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(2)), as amended by subsection (b) and
sections 7001 and 7004 of the Every Student Succeeds
Act (Public Law 114-95; 129 Stat. 2074, 2077), is
further amended--
(A) in subclause (IV) of subparagraph
(B)(i)--
(i) in the matter preceding item
(aa), by inserting ``received a payment
for fiscal year 2015 under section
8003(b)(2)(E) (as such section was in
effect for such fiscal year) and''
before ``has'';
(ii) in item (aa), by striking
``50'' and inserting ``35''; and
(iii) by striking item (bb) and
inserting the following:
``(bb)(AA) not less
than 3,500 of such
children are children
described in
subparagraphs (A) and
(B) of subsection
(a)(1); or
``(BB) not less
than 7,000 of such
children are children
described in
subparagraph (D) of
subsection (a)(1);'';
and
(B) in subparagraph (D)--
(i) in clause (i)--
(I) in subclause (I), by
striking ``clause (ii)'' and
inserting ``clauses (ii),
(iii), and (iv)''; and
(II) in subclause (II)--
(aa) by inserting
``received a payment
for fiscal year 2015
under section
8003(b)(2)(E) (as such
section was in effect
for such fiscal year)
and'' after ``agency
that'';
(bb) by striking
``50 percent'' and
inserting ``35
percent'';
(cc) by striking
``subsection (a)(1) and
not less than 5,000''
and inserting the
following: ``subsection
(a)(1) and--
``(aa) not less
than 3,500''; and
(dd) by striking
``subsection (a)(1).''
and inserting the
following: ``subsection
(a)(1); or
``(bb) not less
than 7,000 of such
children are children
described in
subparagraph (D) of
subsection (a)(1).'';
(ii) in clause (ii), by striking
``shall be 1.35.'' and inserting the
following: ``shall be--
``(I) for fiscal year 2016,
1.35;
``(II) for each of fiscal
years 2017 and 2018, 1.38;
``(III) for fiscal year
2019, 1.40;
``(IV) for fiscal year
2020, 1.42; and
``(V) for fiscal year 2021
and each fiscal year
thereafter, 1.45.''; and
(iii) by adding at the end the
following:
``(iii) Factor for children who
live off base.--For purposes of
calculating the maximum amount
described in clause (i), the factor
used in determining the weighted
student units under subsection (a)(2)
with respect to children described in
subsection (a)(1)(D) shall be--
``(I) for fiscal year 2016,
.20;
``(II) for each of fiscal
years 2017 and 2018, .22;
``(III) for each of fiscal
years 2019 and 2020, .25; and
``(IV) for fiscal year 2021
and each fiscal year
thereafter--
``(aa) .30 with
respect to each of the
first 7,000 children;
and
``(bb) .25 with
respect to the number
of children that
exceeds 7,000.
``(iv) Special rule.--
Notwithstanding clauses (ii) and (iii),
for fiscal year 2020 or any succeeding
fiscal year, if the number of students
who are children described in
subparagraphs (A) and (B) of subsection
(a)(1) for a local educational agency
subject to this subparagraph exceeds
7,000 for such year or the number of
students who are children described in
subsection (a)(1)(D) for such local
educational agency exceeds 12,750 for
such year, then--
``(I) the factor used, for
the fiscal year for which the
determination is being made, to
determine the weighted student
units under subsection (a)(2)
with respect to children
described in subparagraphs (A)
and (B) of subsection (a)(1)
shall be 1.40; and
``(II) the factor used, for
such fiscal year, to determine
the weighted student units
under subsection (a)(2) with
respect to children described
in subsection (a)(1)(D) shall
be .20.''.
(2) Effective date.--The amendments made by
paragraph (1) shall take effect with respect to
appropriations for use under title VII of the
Elementary and Secondary Education Act of 1965
beginning with fiscal year 2017 and as if enacted as
part of title VII of the Every Student Succeeds Act
(Public Law 114-95; 129 Stat. 2074).
(3) Special rules.--
(A) Applicability for fiscal year 2016.--
Notwithstanding any other provision of law, in
making basic support payments under section
8003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2))
for fiscal year 2016, the Secretary of
Education shall carry out subparagraphs (B)(i)
and (E) of such section as if the amendments
made to subparagraphs (B)(i)(IV) and (D) of
section 7003(b)(2) of such Act (as amended and
redesignated by this subsection and the Every
Student Succeeds Act (Public Law 114-95; 129
Stat. 1802)) had also been made to the
corresponding provisions of section 8003(b)(2)
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.
(B) Loss of eligibility.--For fiscal year
2016 or any succeeding fiscal year, if a local
educational agency is eligible for a basic
support payment under subclause (IV) of section
7003(b)(2)(B)(i) of the Elementary and
Secondary Education Act of 1965 (as amended by
this section and the Every Student Succeeds Act
(Public Law 114-95; 129 Stat. 1802)) or through
a corresponding provision under subparagraph
(A), such local educational agency shall be
ineligible to apply for a payment for such
fiscal year under any other subclause of such
section (or, for fiscal year 2016, any other
item of section 8003(b)(2)(B)(i)(II) of the
Elementary and Secondary Education Act of
1965).
(C) Payment amounts.--If, before the date
of enactment of this Act, a local educational
agency receives 1 or more payments under
section 8003(b)(2)(E) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)(E)) for fiscal year 2016, the sum of
which is greater than the amount the Secretary
of Education determines the local educational
agency is entitled to receive under such
section in accordance with subparagraph (A)--
(i) the Secretary shall allow the
local educational agency to retain the
larger amount; and
(ii) such local educational agency
shall not be eligible to receive any
additional payment under such section
for fiscal year 2016.
Subtitle I--Decorations and Awards
SEC. 581. POSTHUMOUS ADVANCEMENT OF COLONEL GEORGE E. ``BUD'' DAY,
UNITED STATES AIR FORCE, ON THE RETIRED LIST.
(a) Advancement.--Colonel George E. ``Bud'' Day, United
States Air Force (retired), is entitled to hold the rank of
brigadier general while on the retired list of the Air Force.
(b) Additional Benefits Not To Accrue.--The advancement of
George E. ``Bud'' Day on the retired list of the Air Force
under subsection (a) shall not affect the retired pay or other
benefits from the United States to which George E. ``Bud'' Day
would have been entitled based upon his military service or
affect any benefits to which any other person may become
entitled based on his military service.
SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR ACTS OF VALOR DURING
CERTAIN CONTINGENCY OPERATIONS.
(a) Authorization.--Notwithstanding the time limitations
specified in sections 3744, 6248, and 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 Armed
Forces, the President may award a medal specified in subsection
(c) to a member or former member of the 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 Committees on Armed Services of the
Senate and 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 covered by subsection (a) 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 such title.
(3) The Navy Cross under section 6242 of such
title.
(4) The Air Force Cross under section 8742 of such
title.
(5) The Silver Star under section 3746, 6244, or
8746 of such title.
(d) Termination.--No medal may be awarded under the
authority of this section after December 31, 2019.
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARY M. ROSE
AND JAMES C. MCCLOUGHAN FOR ACTS OF VALOR DURING
THE VIETNAM WAR.
(a) Gary M. Rose.--
(1) 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 paragraph (2).
(2) Acts of valor described.--The acts of valor
referred to in paragraph (1) 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).
(b) James C. McCloughan.--
(1) 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 James C. McCloughan for the acts
of valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor
referred to in paragraph (1) are the actions of James
C. McCloughan during combat operations between May 13,
1969, and May 15, 1969, while serving as a Combat Medic
with Company C, 3d Battalion, 21st Infantry, 196th
Light Infantry Brigade, American Division, Republic of
Vietnam, for which he was previously awarded the Bronze
Star Medal with ``V'' Device.
SEC. 584. 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. 585. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS TO
CHAPLAIN (FIRST LIEUTENANT) JOSEPH VERBIS LAFLEUR
FOR ACTS OF VALOR DURING WORLD WAR II.
(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
Secretary of the Army may award the Distinguished Service Cross
under section 3742 of that title to Chaplain (First Lieutenant)
Joseph Verbis LaFleur for the acts of valor referred to in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Chaplain (First
Lieutenant) Joseph Verbis LaFleur while interned as a prisoner-
of- war by Japan from December 30, 1941, to September 7, 1944.
SEC. 586. 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 any former members
of the Armed Forces whose service records identify them as an
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.
(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 Committees on Armed Services of the
Senate and the 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).
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPEAL OF REQUIREMENT FOR A CHAPLAIN AT THE UNITED STATES AIR
FORCE ACADEMY APPOINTED BY THE PRESIDENT.
(a) Repeal.--Section 9337 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 903 of such title is amended by striking
the item related to section 9337.
SEC. 592. EXTENSION OF LIMITATION ON REDUCTION IN NUMBER OF MILITARY
AND CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH
SERVICE REVIEW AGENCIES.
Section 1559(a) of title 10, United States Code, is amended
by striking ``December 31, 2016'' and inserting ``December 31,
2019''.
SEC. 593. ANNUAL REPORTS ON PROGRESS OF THE ARMY AND THE MARINE CORPS
IN INTEGRATING WOMEN INTO MILITARY OCCUPATIONAL
SPECIALITIES AND UNITS RECENTLY OPENED TO WOMEN.
(a) Reports Required.--Not later than April 1, 2017, and
each year thereafter through 2020, the Chief of Staff of the
Army and the Commandant of the Marine Corps shall each submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the current status of the
implementation by the Army and the Marine Corps, respectively,
of the policy of Secretary of Defense dated March 9, 2016, to
open to women military occupational specialties and units
previously closed to women.
(b) Elements.--Each report shall include, current as of the
date of such report and for the Armed Force covered by such
report, the following:
(1) The status of gender-neutral standards
throughout the Entry Level Training continuum.
(2) The propensity of applicants to apply for and
access into newly-opened ground combat programs, by
gender and program.
(3) Success rates in Initial Screening Tests and
Military Occupational Speciality (MOS) Classification
Standards for newly-opened ground combat military
occupational specialties, by gender.
(4) Attrition rates and the top three causes of
attrition throughout the Entry Level Training
continuum, by gender and military occupational
specialty.
(5) Reclassification rates and the top three causes
of reclassification throughout the Entry Level Training
continuum, by gender and military occupational
specialty.
(6) Injury rates and the top five causes of injury
throughout the Entry Level Training continuum, by
gender and military occupational specialty.
(7) Injury rates and nondeployability rates in
newly-opened ground combat military occupational
specialties, by gender and military occupational
specialty.
(8) Lateral move approval rates into newly-opened
military occupational specialties, by gender and
military occupational specialty.
(9) Reenlistment and retention rates in newly-
opened ground combat military occupational specialties,
by gender and military occupational specialty.
(10) Promotion rates in newly-opened ground combat
military occupational specialties, by grade and gender.
(11) Actions taken to address matters relating to
equipment sizing and supply, and facilities, in
connection with the implementation by such Armed Force
of the policy referred to in paragraph (1).
(c) Applicability to SOCOM.--In addition to the reports
required by subsection (a), the Commander of the United States
Special Operations Command shall submit to the Committees on
Armed Services of the Senate and the House of Representatives,
on the dates provided for in subsection (a), a report on the
current status of the implementation by the United States
Special Operations Command of the policy of Secretary of
Defense referred to in subsection (a). Each report shall
include the matters specified in subsection (b) with respect to
the United States Special Operations Command.
SEC. 594. REPORT ON FEASABILITY OF ELECTRONIC TRACKING OF OPERATIONAL
ACTIVE-DUTY SERVICE PERFORMED BY MEMBERS OF THE
READY RESERVE OF THE ARMED FORCES.
Not later than March 1, 2017, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the feasability of
establishing 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 means assessed for purposes of the
report shall include a tour calculator that specifies 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. 595. REPORT ON DISCHARGE BY WARRANT OFFICERS OF PILOT AND OTHER
FLIGHT OFFICER POSITIONS IN THE NAVY, MARINE CORPS,
AND AIR FORCE CURRENTLY DISCHARGED BY COMMISSIONED
OFFICERS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Navy
and the Secretary of the Air Force shall each submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the feasibility and advisability of
the discharge by warrant officers of pilot and other flight
officer positions in the Armed Forces under the jurisdiction of
such Secretary that are currently discharged by commissioned
officers.
(b) Elements.--Each report under subsection (a) shall set
forth, for each Armed Force covered by such report, the
following:
(1) An assessment of the feasibility and
advisability of the discharge by warrant officers of
pilot and other flight officer positions that are
currently discharged by commissioned officers.
(2) An identification of each such position, if
any, for which the discharge by warrant officers is
assessed to be feasible and advisable.
SEC. 596. BODY MASS INDEX TEST.
(a) Review Required.--Each Secretary of a military
department shall review--
(1) the current body mass index test procedure used
by each Armed Force under the jurisdiction of that
Secretary; and
(2) other methods to measure body fat with a more
holistic health and wellness approach.
(b) Elements.--The review required 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. 597. REPORT ON CAREER PROGRESSION TRACKS OF THE ARMED FORCES FOR
WOMEN IN COMBAT ARMS UNITS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a description, for each Armed Force, of
the following:
(1) The career progression track for entry level
women as officers in combat arms units of such Armed
Force.
(2) The career progression track for laterally
transferred women as officers in combat arms units of
such Armed Force.
(3) The career progression track for entry level
women as enlisted members in combat arms units of such
Armed Force.
(4) The career progression track for laterally
transferred women as enlisted members in combat arms
units of such Armed Force.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2017 increase in military basic pay.
Sec. 602. Publication by Department of Defense of actual rates of basic
pay payable to members of the Armed Forces by pay grade for
annual or other pay periods.
Sec. 603. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 604. Reports on a new single-salary pay system for members of the
Armed Forces.
Subtitle B--Bonuses and Special and Incentive Pays
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. Aviation incentive pay and bonus matters.
Sec. 617. Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities.
Sec. 618. Technical amendments relating to 2008 consolidation of certain
special pay authorities.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Maximum reimbursement amount for travel expenses of members of
the Reserves attending inactive duty training outside of
normal commuting distances.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
Part I--Amendments in Connection With Retired Pay Reform
Sec. 631. Election period for members in the service academies and
inactive Reserves to participate in the modernized retirement
system.
Sec. 632. Effect of separation of members from the uniformed services on
participation in the Thrift Savings Plan.
Sec. 633. Continuation pay for full Thrift Savings Plan members who have
completed 8 to 12 years of service.
Sec. 634. Combat-related special compensation coordinating amendment.
Part II--Other Matters
Sec. 641. Use of member's current pay grade and years of service and
retired pay cost-of-living adjustments, rather than final
retirement pay grade and years of service, in a division of
property involving disposable retired pay.
Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of
reserve component members who die in the line of duty during
inactive-duty training.
Sec. 643. Authority to deduct Survivor Benefit Plan premiums from
combat-related special compensation when retired pay not
sufficient.
Sec. 644. Extension of allowance covering monthly premium for
Servicemembers' Group Life Insurance while in certain overseas
areas to cover members in any combat zone or overseas direct
support area.
Sec. 645. Authority for payment of pay and allowances and retired and
retainer pay pursuant to power of attorney.
Sec. 646. Extension of authority to pay special survivor indemnity
allowance under the Survivor Benefit Plan.
Sec. 647. Repeal of obsolete authority for combat-related injury
rehabilitation pay.
Sec. 648. Independent assessment of the Survivor Benefit Plan.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 661. Protection and enhancement of access to and savings at
commissaries and exchanges.
Sec. 662. Acceptance of Military Star Card at commissaries.
Subtitle F--Other Matters
Sec. 671. Recovery of amounts owed to the United States by members of
the uniformed services.
Sec. 672. Modification of flat rate per diem requirement for personnel
on long-term temporary duty assignments.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2017 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2017,
the rates of monthly basic pay for members of the uniformed
services are increased by 2.1 percent.
SEC. 602. PUBLICATION BY DEPARTMENT OF DEFENSE OF ACTUAL RATES OF BASIC
PAY PAYABLE TO MEMBERS OF THE ARMED FORCES BY PAY
GRADE FOR ANNUAL OR OTHER PAY PERIODS.
Any pay table published or otherwise issued by the
Department of Defense to indicate the rates of basic pay of the
Armed Forces in effect for members of the Armed Forces for a
calendar year or other period shall state the rate of basic pay
to be received by members in each pay grade for such year or
period as specified or otherwise provided by applicable law,
including any rate to be so received pursuant during such year
or period by the operation of a ceiling under section 203(a)(2)
of title 37, United States Code, or a similar provision in an
annual defense authorization Act.
SEC. 603. 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. 604. REPORTS ON A NEW SINGLE-SALARY PAY SYSTEM FOR MEMBERS OF THE
ARMED FORCES.
(a) Report on Plan To Implement New Pay Structure.--Not
later than March 1, 2017, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representative a report that sets forth the following:
(1) The military pay tables as of January 1, 2017,
reflecting the Regular Military Compensation of members
of the Armed Forces as of that date in the range of
grades, dependency statuses, and assignment locations.
(2) A comprehensive description of the manner in
which the Department of Defense would begin, by not
later than January 1, 2018, to implement a transition
between the current pay structure for members of the
Armed Forces and a new pay structure for members of the
Armed Forces as provided for by this section.
(b) Report on Elements of New Pay Structure.--Not later
than January 1, 2018, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representative a report that sets forth the following:
(1) A description and comparison of the current pay
structure for members of the Armed Forces and a new pay
structure for members of the Armed Forces, including
new pay tables, that uses a single-salary pay system
(as adjusted by the same cost-of-living adjustment that
the Department of Defense uses worldwide for civilian
employees) based on the assumptions in subsection (c).
(2) A proposal for such legislative and
administrative action as the Secretary considers
appropriate to implement the new pay structure, and to
provide for a transition between the current pay
structure and the new pay structure.
(3) A comprehensive schedule for the implementation
of the new pay structure and for the transition between
the current pay structure and the new pay structure,
including all significant deadlines.
(c) New Pay Structure.--The new pay structure described
pursuant to subsection (b)(1) shall assume the repeal of the
basic allowance for housing and basic allowance subsistence for
members of the Armed Forces in favor of a single-salary pay
system, and shall include the following:
(1) A statement of pay comparability with the
civilian sector adequate to effectively recruit and
retain a high-quality All-Volunteer Force.
(2) The level of pay necessary by grade and years
of service to meet pay comparability as described in
paragraph (1) in order to recruit and retain a high-
quality All-Volunteer Force.
(3) Necessary modifications to the military
retirement system, including the retired pay
multiplier, to ensure that members of the Armed Forces
under the pay structure are situated similarly to where
they would otherwise be under the military retirement
system that will take effect on January 1, 2018, by
reason part I of subtitle D of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 842), and the amendments made by that
part.
(d) Cost Containment.--The single-salary pay system under
the new pay structure provided for by this section shall be a
single-salary pay system that will result in no or minimal
additional costs to the Government, both in terms of annual
discretionary outlays and entitlements, when compared with the
continuation of the current pay system for members of the Armed
Forces.
Subtitle B--Bonuses and Special and Incentive Pays
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. AVIATION INCENTIVE PAY AND BONUS MATTERS.
(a) Maximum Incentive Pay and Bonus Amounts.--Paragraph (1)
of section 334(c) 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 $35,000 for each 12-month
period of obligated service agreed to under
subsection (d).''.
(b) Annual Business Case for Payment of Aviation Bonus.--
Such section is further amended--
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Annual business case for payment of aviation
bonus amounts.--
``(A) In general.--The Secretary concerned
shall determine the amount of the aviation
bonus payable under paragraph (1)(B) under
agreements entered into under subsection (d)
during a fiscal year solely through a business
case analysis of the amount required to be paid
under such agreements in order to address
anticipated manning shortfalls for such fiscal
year by aircraft type category.
``(B) Budget justification documents.--The
budget justification documents in support of
the budget of the President for a fiscal year
(as submitted to Congress pursuant to section
1105 of title 31) shall set forth for each
uniformed service the following:
``(i) The amount requested for the
payment of aviation bonuses under
subsection (b) using amounts authorized
to be appropriated for the fiscal year
concerned by aircraft type category.
``(ii) The business case analysis
supporting the amount so requested by
aircraft type category.
``(iii) For each aircraft type
category, whether or not the amount
requested will permit the payment
during the fiscal year concerned of the
maximum amount of the aviation bonus
authorized by paragraph (1)(B).
``(iv) If any amount requested is
to address manning shortfalls, a
description of any plans of the
Secretary concerned to address such
shortfalls by nonmonetary means.''.
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 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''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. 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.''.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
PART I--AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM
SEC. 631. ELECTION PERIOD FOR MEMBERS IN THE SERVICE ACADEMIES AND
INACTIVE RESERVES TO PARTICIPATE IN THE MODERNIZED
RETIREMENT SYSTEM.
(a) In General.--Paragraph (4)(C) of section 1409(b) of
title 10, United States Code, is amended--
(1) in clause (i), by striking ``and (iii)'' and
inserting ``, (iii), (iv), and (v)''; and
(2) by adding at the end the following new clauses:
``(iv) Cadets and midshipmen,
etc.--A member of a uniformed service
who serves as a cadet, midshipman, or
member of the Senior Reserve Officers'
Training Corps during the election
period specified in clause (i) shall
make the election described in
subparagraph (B)--
``(I) on or after the date
on which such cadet,
midshipman, or member of the
Senior Reserve Officers'
Training Corps is appointed as
a commissioned officer or
otherwise begins to receive
basic pay; and
``(II) not later than 30
days after such date or the end
of such election period,
whichever is later.
``(v) Inactive reserves.--A member
of a reserve component who is not in an
active status during the election
period specified in clause (i) shall
make the election described in
subparagraph (B)--
``(I) on or after the date
on which such member is
transferred from an inactive
status to an active status or
active duty; and
``(II) not later than 30
days after such date or the end
of such election period,
whichever is later.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 2018, immediately after the
coming into effect of the amendments made by section 631(a) of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 842), to which the amendments
made by subsection (a) relate.
SEC. 632. EFFECT OF SEPARATION OF MEMBERS FROM THE UNIFORMED SERVICES
ON PARTICIPATION IN THE THRIFT SAVINGS PLAN.
Effective as of the date of the enactment of this Act,
paragraph (2) of section 632(c) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 847) is repealed, and the amendment proposed to be made
by that paragraph shall not be made or go into effect.
SEC. 633. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEMBERS WHO
HAVE COMPLETED 8 TO 12 YEARS OF SERVICE.
(a) Continuation Pay.--Subsection (a) of section 356 of
title 37, United States Code, is amended--
(1) by striking paragraph (1) and inserting the
following new paragraph (1):
``(1) has completed not less than 8 and not more
than 12 years of service in a uniformed service; and'';
and
(2) in paragraph (2), by striking ``an additional 4
years'' and inserting ``not less than 3 additional
years''.
(b) Payment Amount.--Subsection (b) of such section is
amended by striking all the matter preceding paragraph (1) and
inserting the following:
``(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. The multiple for a
full TSP member who is a member of a regular component or a
reserve component, if the member is performing active Guard and
Reserve duty (as defined in section 101(d)(6) of title 10),
shall not be less than 2.5 times the member's monthly basic
pay. The multiple for a full TSP member who is a member of a
reserve component not performing active Guard or Reserve duty
(as so defined) shall not be less than 0.5 times the monthly
basic pay to which the member would be entitled if the member
were a member of a regular component. The maximum amount the
Secretary concerned may pay a member under this section is--''.
(c) Timing of Payment.--Subsection (d) of such section is
amended 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.''.
(d) Conforming and Clerical Amendments.--
(1) Heading.--The heading of such section is
amended to read as follows:
``Sec. 356. Continuation pay: full TSP members with 8 to 12 years of
service''.
(2) Table of sections.--The table of sections at
the beginning of chapter 5 of such title is amended by
striking the item relating to section 356 and inserting
the following new item:
``356. Continuation pay: full TSP members with 8 to 12 years of
service.''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2018, immediately after the
coming into effect of the amendments providing for section 356
of title 37, United States Code, to which the amendments made
by this section relate.
SEC. 634. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING AMENDMENT.
(a) In General.--Section 1413a(b)(3)(B) of title 10, United
States Code, is amended by striking ``2\1/2\ percent'' and
inserting ``the retired pay percentage (determined for the
member under section 1409(b) of this title)''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2018, immediately after the
coming into effect of the amendments made by part I of subtitle
D of title VI of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 842), to which
the amendment made by subsection (a) relates.
PART II--OTHER MATTERS
SEC. 641. USE OF MEMBER'S CURRENT PAY GRADE AND YEARS OF SERVICE AND
RETIRED PAY COST-OF-LIVING ADJUSTMENTS, RATHER THAN
FINAL RETIREMENT PAY GRADE AND YEARS OF SERVICE, IN
A DIVISION OF PROPERTY INVOLVING DISPOSABLE RETIRED
PAY.
(a) In General.--Section 1408(a)(4) of title 10, United
States Code, is amended--
(1) by redesignating subparagraphs (A), (B), (C),
(D) as clauses (i), (ii), (iii), (iv), respectively;
(2) by inserting ``(A)'' after ``(4)'';
(3) in subparagraph (A), as designated by paragraph
(2), by inserting ``(as determined pursuant to
subparagraph (B)'' after ``member is entitled''; and
(4) by adding at the end the following new
subparagraph:
``(B) For purposes of subparagraph (A), the total
monthly retired pay to which a member is entitled shall
be--
``(i) the amount of basic pay payable to
the member for the member's pay grade and years
of service at the time of the court order, as
increased by
``(ii) each cost-of-living adjustment that
occurs under section 1401a(b) of this title
between the time of the court order and the
time of the member's retirement using the
adjustment provisions under that section
applicable to the member upon retirement.''.
(b) Application of Amendments.--The amendments 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. 642. 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, United States Code, as added by subsection
(b), 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. 643. AUTHORITY TO DEDUCT SURVIVOR BENEFIT PLAN PREMIUMS FROM
COMBAT-RELATED SPECIAL COMPENSATION WHEN RETIRED
PAY NOT SUFFICIENT.
(a) Authority.--Subsection (d) of section 1452 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) Deduction from combat-related special
compensation when retired pay not adequate.--In the
case of a person who has elected to participate in the
Plan and who has been awarded both retired pay and
combat-related special compensation under section 1413a
of this title, if a deduction from the person's retired
pay for any period cannot be made in the full amount
required, there shall be deducted from the person's
combat-related special compensation in lieu of
deduction from the person's retired pay the amount that
would otherwise have been deducted from the person's
retired pay for that period.''.
(b) Conforming Amendments to Section 1452.--
(1) Subsection (d) of such section is further
amended--
(A) in the subsection heading, by inserting
``or Not Sufficient'' after ``Not Paid'';
(B) in paragraph (1), by inserting before
the period at the end the following: ``, except
to the extent that the required deduction is
made pursuant to paragraph (2)''; and
(C) in paragraph (3), as redesignated by
subsection (a)(1), by striking ``Paragraph (1)
does not'' and inserting ``Paragraphs (1) and
(2) do not''.
(2) Subsection (f)(1) of such section is amended by
inserting ``or combat-related special compensation''
after ``from retired pay''.
(3) Subsection (g)(4) of such section is amended--
(A) in the paragraph heading, by inserting
``or crsc'' after ``retired pay''; and
(B) by inserting ``or combat-related
special compensation'' after ``from the retired
pay''.
(c) Conforming Amendments to Other Provisions of SBP
Statute.--
(1) Section 1449(b)(2) of such title is amended--
(A) in the paragraph heading, by inserting
``or crsc'' after ``retired pay''; and
(B) by inserting ``or combat-related
special compensation'' after ``from retired
pay''.
(2) Section 1450(e) of such title is amended--
(A) in the subsection heading, by inserting
``or CRSC'' after ``Retired Pay''; and
(B) in paragraph (1), by inserting ``or
combat-related special compensation'' after
``from the retired pay''.
SEC. 644. EXTENSION OF ALLOWANCE COVERING MONTHLY PREMIUM FOR
SERVICEMEMBERS' GROUP LIFE INSURANCE WHILE IN
CERTAIN OVERSEAS AREAS TO COVER MEMBERS IN ANY
COMBAT ZONE OR OVERSEAS DIRECT SUPPORT AREA.
(a) Expansion of Coverage.--Subsection (a) of section 437
of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``In the case of'';
(2) by striking ``who serves in the theater of
operations for Operation Enduring Freedom or Operation
Iraqi Freedom'' and inserting ``who serves in a
designated duty assignment''; and
(3) by adding at the end the following new
paragraph:
``(2) In this subsection, the term `designated duty
assignment' means a permanent or temporary duty assignment
outside the United States or its possessions in support of a
contingency operation in an area that--
``(A) has been designated a combat zone; or
``(B) is in direct support of an area that has been
designated a combat zone.''.
(b) Conforming Amendments.--
(1) Cross-reference.--Subsection (b) of such
section is amended by striking ``theater of
operations'' and inserting ``designated duty
assignment''.
(2) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 437. Allowance to cover monthly premiums for Servicemembers'
Group Life Insurance: members serving in a
designated duty assignment''.
(3) Table of sections.--The item relating to
section 437 in the table of sections at the beginning
of chapter 7 of such title is amended to read as
follows:
``437. Allowance to cover monthly premium for Servicemembers' Group Life
Insurance: members serving in a designated duty assignment.''.
(c) Effective Date.--The amendments made by this section
shall apply to service by members of the Armed Forces in a
designated duty assignment (as defined in subsection (a)(2) of
section 437 of title 37, United States Code) for any month
beginning on or after the date of the enactment of this Act.
SEC. 645. AUTHORITY FOR PAYMENT OF PAY AND ALLOWANCES AND RETIRED AND
RETAINER PAY PURSUANT TO POWER OF ATTORNEY.
Section 602 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, in the opinion of a
board of medical officers or physicians,''; and
(B) by striking ``use or benefit'' and all
that follows through ``any person designated''
and inserting the following: ``use or benefit
to--
``(1) a legal committee, guardian, or other
representative that has been appointed by a court of
competent jurisdiction;
``(2) an individual to whom the member has granted
authority to manage such funds pursuant to a valid and
legally executed durable power of attorney; or
``(3) any person designated'';
(2) in subsection (b)--
(A) by striking ``The board shall consist''
and inserting ``An individual may not be
designated under subsection (a)(3) to receive
payments unless a board consisting''; and
(B) by inserting ``determines that the
member is mentally incapable of managing the
member's affairs. Any such board shall be''
after ``treatment of mental disorders,'';
(3) in subsection (c), by striking ``designated''
and inserting ``authorized to receive payments'';
(4) in subsection (d), by inserting ``, unless a
court of competent jurisdiction orders payment of such
fee, commission, or other charge'' before the period;
(5) by striking subsection (e);
(6) by redesignating subsection (f) as subsection
(e); and
(7) in subsection (e), as redesignated by paragraph
(6)--
(A) by inserting ``under subsection
(a)(3)'' after ``who is designated''; and
(B) by striking ``$1,000'' and inserting
``$25,000''.
SEC. 646. EXTENSION OF AUTHORITY TO PAY SPECIAL SURVIVOR INDEMNITY
ALLOWANCE UNDER THE SURVIVOR BENEFIT PLAN.
Section 1450(m) of title 10, United States Code, is
amended--
(1) in paragraph (2)(I), by striking ``fiscal year
2017'' and inserting ``each of fiscal years 2017 and
2018''; and
(2) in paragraph (6)--
(A) by striking ``September 30, 2017'' and
inserting ``May 31, 2018''; and
(B) by striking ``October 1, 2017'' both
places it appears and inserting ``June 1,
2018''.
SEC. 647. REPEAL OF OBSOLETE AUTHORITY FOR COMBAT-RELATED INJURY
REHABILITATION PAY.
(a) Repeal.--Section 328 of title 37, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by striking the
item relating to section 328.
SEC. 648. INDEPENDENT ASSESSMENT OF THE SURVIVOR BENEFIT PLAN.
(a) Assessment Required.--The Secretary of Defense shall
provide for an independent assessment of the Survivor Benefit
Plan (SBP) under subchapter II of chapter 73 of title 10,
United States Code, by a Federally-funded research and
development center (FFRDC).
(b) Assessment Elements.--The assessment conducted pursuant
to subsection (a) shall include, but not be limited to, the
following:
(1) The purposes of the Survivor Benefit Plan, the
manner in which the Plan interacts with other Federal
programs to provide financial stability and resources
for survivors of members of the Armed Forces and
military retirees, and a comparison between the
benefits available under the Plan, on the one hand, and
benefits available to Government and private sector
employees, on the other hand, intended to provide
financial stability and resources for spouses and other
dependents when a primary family earner dies.
(2) The effectiveness of the Survivor Benefit Plan
in providing survivors with intended benefits,
including the provision of survivor benefits for
survivors of members of the Armed Forces dying on
active duty and members dying while in reserve active-
status.
(3) The feasibility and advisability of providing
survivor benefits through alternative insurance
products available commercially for similar purposes,
the extent to which the Government could subsidize such
products at no cost in excess of the costs of the
Survivor Benefit Plan, and the extent to which such
products might meet the needs of survivors, especially
those on fixed incomes, to maintain financial
stability.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the results of the
assessment conducted pursuant to subsection (a), together with
such recommendations as the Secretary considers appropriate for
legislative or administration action in light of the results of
the assessment.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
SEC. 661. 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) of
this title, 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 of
Defense 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 the 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 of Defense 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 of
this title 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 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) of this title 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 of Defense 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:
``(i) 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 such title 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 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 of Defense 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. 662. 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.
Subtitle F--Other Matters
SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY MEMBERS OF
THE UNIFORMED SERVICES.
(a) Statute of Limitations.--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 indebtedness
incurred on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2017.
``(D)(i) Not later than January 1 of each of 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.''.
(b) Remission or Cancellation of Indebtedness of Reserves
Not on Active Duty.--
(1) Army.--Section 4837(a) of title 10, United
States Code, is amended by striking ``on active duty as
a member of the Army'' and inserting ``as a member of
the Army, whether as a regular or a reserve in active
status''.
(2) Navy.--Section 6161(a) of such title is amended
by striking ``on active duty as a member of the naval
service'' and inserting ``as a member of the naval
service, whether as a regular or a reserve in active
status''.
(3) Air force.--Section 9837(a) of such title is
amended by striking ``on active duty as a member of the
Air Force'' and inserting ``as a member of the Air
Force, whether as a regular or a reserve in active
status''.
(4) Coast guard.--Section 461(1) of title 14,
United States Code, is amended by striking ``on active
duty as a member of the Coast Guard'' and inserting
``as a member of the Coast Guard, whether as a regular
or a reserve in active status''.
(5) Effective date.--The amendments made by this
subsection shall take effect on the date of the
enactment of this Act, and shall apply with respect to
debt incurred on or after October 7, 2001.
(c) Benefits Paid to Members of California National
Guard.--
(1) Review of certain benefits paid.--
(A) In general.--The Secretary of Defense
shall conduct a review of all bonus pays,
special pays, student loan repayments, and
similar special payments that were paid to
members of the National Guard of the State of
California during the period beginning on
January 1, 2004, and ending on December 31,
2015.
(B) Exception.--A review is not required
under this paragraph for benefits paid as
described in subparagraph (A) that were
reviewed before the date of the enactment of
this Act and in which fraud or other
ineligibility was identified in connection with
payment.
(C) Conduct of review.--The Secretary shall
establish a process to expedite the review
required by this paragraph. The Secretary shall
allocate appropriate personnel and other
resources of the Department of Defense for the
process, and for such other purposes as the
Secretary considers appropriate, in order to
achieve the completion of the review by the
date specified in subparagraph (D).
(D) Completion.--The review required by
this paragraph shall be completed by not later
than July 30, 2017.
(2) Review.--
(A) In general.--In conducting the review
of benefits paid to members of the National
Guard of the State of California pursuant to
paragraph (1), the board of review concerned
shall--
(i) carry out a complete review of
all bonus pay and special pay contracts
awarded to such members during the
period described in paragraph (1)(A)
for which the Department has reason to
believe a recoupment of pay may be
warranted in order to determine whether
such members were eligible for the
contracts so awarded and whether the
contracts so awarded accurately
specified the amounts of pay for which
members were eligible;
(ii) carry out a complete review of
all student loan repayment contracts
awarded to such members during the
period for which the Department has
reason to believe a recoupment of
payment may be warranted in order to
determine whether such members were
eligible for the contracts so awarded
and whether the contracts so awarded
accurately specified the amounts of
payment for which members were
eligible;
(iii) carry out a complete review
of any other similar special payments
paid to such members during the period
for which the Department has reason to
believe a recoupment of payments may be
warranted in order to determine whether
such members were eligible for payment
and in such amount;
(iv) if any member is determined
not to have been eligible for a bonus
pay, special pay, student loan
repayment, or other special payment
paid, determine whether waiver of
recoupment is warranted; and
(v) if any bonus pay, special pay,
student loan repayment, or other
special payment paid to any such member
during the period has been recouped,
determine whether the recoupment was
unwarranted.
(B) Waiver of recoupment.--For purposes of
clause (iv) of subparagraph (A), the board of
review shall determine that waiver of
recoupment is warranted with respect to a
particular member unless the board makes an
affirmative determination, by a preponderance
of the evidence, that the member knew or
reasonably should have known that the member
was ineligible for the bonus pay, special pay,
student loan repayment, or other special
payment otherwise subject to recoupment.
(C) Propriety of recoupment.--For purposes
of clause (v) of subparagraph (A), the board of
review shall determine that recoupment was
unwarranted with respect to a particular member
unless the board makes an affirmative
determination, by a preponderance of the
evidence, that the member knew or reasonably
should have known that the member was
ineligible for the bonus pay, special pay,
student loan repayment, or other special
payment recouped.
(D) Standard of review.--In applying
subparagraph (B) or (C) in making a
determination under clause (iv) or (v) of
subparagraph (A), as applicable, with respect
to a member, the board of review shall evaluate
the evidence in a light most favorable to the
member.
(3) Participation of members.--
(A) In general.--A member subject to a
determination under clause (iv) or (v) of
paragraph (2)(A) may submit to the board of
review concerned such documentary and other
evidence as the member considers appropriate to
assist the board of review in the
determination.
(B) Notice.--The Secretary shall notify, in
writing, each member subject to a determination
under clause (iv) or (v) of paragraph (2)(A) of
the review under paragraph (1) and the
applicability of the determination process
under such clause to such member. The notice
shall be provided at a time designed to give
each member a reasonable opportunity to submit
documentary and other evidence as authorized by
subparagraph (A). The notice shall provide each
member the following:
(i) Notice of the opportunity for
such member to submit evidence to
assist the board of review.
(ii) A description of resources
available to such member to submit such
evidence.
(C) Consideration.--In making a
determination under clause (iv) or (v) of
paragraph (2)(A) with respect to a member, the
board of review shall undertake a comprehensive
review of any submissions made by the member
pursuant to this paragraph.
(4) Actions following review.--
(A) Waiver of recoupment.--Upon completion
of a review pursuant to paragraph (2)(A)(iv)
with respect to a member--
(i) the board of review shall
submit to the Secretary concerned a
notice setting forth--
(I) the determination of
the board pursuant to that
paragraph with respect to the
member; and
(II) the recommendation of
the board whether or not the
recoupment of the bonus pay,
special pay, student loan
repayment, or other special
payment covered by the
determination should be waived;
and
(ii) the Secretary may waive
recoupment of the pay, repayment, or
other payment from the member.
(B) Repayment of amount recouped.--Upon
completion of a review pursuant to paragraph
(2)(A)(v) with respect to a member--
(i) the board of review shall
submit to the Secretary concerned a
notice setting forth--
(I) the determination of
the board pursuant to that
paragraph with respect to the
member; and
(II) the recommendation of
the board whether or not the
recouped bonus pay, special
pay, student loan repayment, or
other special payment covered
by the determination should be
repaid the member; and
(ii) the Secretary may repay the
member the amount so recouped.
(C) Consumer credit and related matters.--
If the Secretary concerned waives recoupment of
a bonus pay, special pay, student loan
repayment, or other special payment paid a
member pursuant to paragraph (4)(A)(ii), or
repays a member an amount of a bonus pay,
special pay, student loan repayment, or other
special payment recouped pursuant to paragraph
(4)(B)(ii), the Secretary shall--
(i) in the event the Secretary had
previously notified a consumer
reporting agency of the existence of
the debt subject to the relief granted
the member pursuant to this paragraph,
notify such consumer reporting agency
that such debt was never valid; and
(ii) if the member is experiencing
or has experienced financial hardship
as a result of the actions of the
United States to obtain recoupment of
such debt, assist the member, to the
extent practicable, in addressing such
financial hardship in accordance with
such mechanisms as the Secretary shall
develop for purposes of this clause.
(D) Effect of consumer credit
notification.--A consumer reporting agency
notified of the invalidity of a debt pursuant
to subparagraph (C)(i) may not, after the date
of the notice, make any consumer report
containing any information relating to the
debt.
(E) Definitions.--In this paragraph, the
terms ``consumer reporting agency'' and
``consumer report'' have the meaning given such
terms in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a).
(5) Funding.--Amounts for activities under this
subsection, including for the conduct of the review
required by paragraph (1), for activities in connection
with the review, for repayments pursuant to paragraph
(4)(B), and for activities under paragraph (4)(C),
shall be derived from amounts available for the
National Guard of the United States for the State of
California.
(6) Secretary of defense report.--
(A) In general.--Not later than August 1,
2017, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate
and the House of Representatives a report on
the review conducted pursuant to paragraph (1).
(B) Elements.--The report under this
paragraph shall include the following:
(i) The total amount of bonus pays,
special pays, student loan repayments,
and other special pays paid to members
of the National Guard of the State of
California during the period beginning
on September 1, 2001, and ending on
December 31, 2015.
(ii) The number of bonus pay and
special pay contracts reviewed pursuant
to paragraph (2)(A)(i), and the amounts
of such pays paid under each such
contract.
(iii) The number of student loan
repayment contracts reviewed pursuant
to paragraph (2)(A)(ii), and the
amounts of such payments made pursuant
to each such contract.
(iv) The number of other special
pay payments reviewed pursuant to
paragraph (2)(A)(iii), and the amounts
of such payments made to each
particular member so paid.
(v) The number of bonus pay and
special pay contracts, student loan
repayments, and other special pay
payments that were determined pursuant
to the review to be paid in error, and
the total amount, if any, recouped from
each member concerned.
(vi) Any additional fraud or other
ineligibility identified in the course
of the review in the payment of bonus
pays, special pays, student loan
repayments, and other special pays paid
to the members of the National Guard of
the State of California during the
period beginning on September 1, 2001,
and ending on December 31, 2015.
(7) Comptroller general report.--
(A) In general.--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 Committees on Armed
Services of the Senate and the House of
Representatives a report on the actions of the
National Guard of the State of California
relating to the payment of bonus pays, special
pays, student loan repayments, and other
special pays from 2004 through 2015.
(B) Elements.--The report under this
paragraph shall include the following:
(i) An assessment whether the
National Guard of the State of
California and the National Guard
Bureau have established policies and
procedures that will minimize the
chance of improper payment of such pays
and repayments and of managerial abuse
in the payment of such pays and
repayments.
(ii) An assessment whether the
procedures, processes, and resources of
the Defense Finance and Accounting
Service and the Defense Office of
Hearings and Appeals were appropriate
to identify and respond to fraud or
other ineligibility in connection with
the payment of such pays and
repayments, and to do so in a timely
manner.
(iii) Any recommendations the
Comptroller General considers
appropriate to streamline the
procedures and processes for the waiver
of recoupment of the payment of such
pays and repayments by the United
States when recoupment is unwarranted.
SEC. 672. MODIFICATION OF FLAT RATE PER DIEM REQUIREMENT FOR PERSONNEL
ON LONG-TERM TEMPORARY DUTY ASSIGNMENTS.
(a) Modification of Flat Rate.--
(1) In general.--The Secretary of Defense shall
take such action as may be necessary to provide that,
to the extent that regulations implementing travel and
transportation authorities for military and civilian
personnel of the Department of Defense impose a flat
rate per diem for meals and incidental expenses for
authorized travelers on long-term temporary duty
assignments that is at a reduced rate compared to the
per diem rate otherwise applicable, the Secretary
concerned may waive the applicability of such reduced
rate and pay such travelers actual expenses up to the
full per diem rate for such travel in any case when the
Secretary concerned determines that the reduced flat
rate per diem for meals and incidental expenses is not
sufficient under the circumstances of the temporary
duty assignment.
(2) Applicability.--The Secretary concerned may
exercise the authority provided pursuant to paragraph
(1) with respect to per diem payable for any day on or
after the date of the enactment of this Act.
(b) Delegation of Authority.--The authority pursuant to
subsection (a) may be delegated by the Secretary concerned to
an officer at the level of lieutenant general or vice admiral,
or above. Such authority may not be delegated to an officer
below that level.
(c) Waiver of Collection of Receipts.--The Secretary
concerned or an officer to whom the authority pursuant to
subsection (a) is delegated pursuant to subsection (b) may
waive any requirement for the submittal of receipts by
travelers on long-term temporary duty assignments for the
purpose of receiving the full per diem rate pursuant to
subsection (a) if the Secretary concerned or officer, as
described in subsection (b), personally certifies that
requiring travelers to submit receipts for that purpose will
negatively affect mission performance or create an undue
administrative burden.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 37, United States Code.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Reform of TRICARE and Military Health System
Sec. 701. TRICARE Select 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 and primary care under TRICARE program.
Sec. 705. Value-based purchasing and acquisition of managed care support
contracts for TRICARE program.
Sec. 706. Establishment of high performance military-civilian integrated
health delivery systems.
Sec. 707. Joint Trauma System.
Sec. 708. Joint Trauma Education and Training Directorate.
Sec. 709. Standardized system for scheduling medical appointments at
military treatment facilities.
Subtitle B--Other Health Care Benefits
Sec. 711. Extended TRICARE program coverage for certain members of the
National Guard and dependents during certain disaster response
duty.
Sec. 712. Continuity of health care coverage for Reserve Components.
Sec. 713. Provision of hearing aids to dependents of retired members.
Sec. 714. Coverage of medically necessary food and vitamins for certain
conditions under the TRICARE program.
Sec. 715. Eligibility of certain beneficiaries under the TRICARE program
for participation in the Federal Employees Dental and Vision
Insurance Program.
Sec. 716. Applied behavior analysis.
Sec. 717. Evaluation and treatment of veterans and civilians at military
treatment facilities.
Sec. 718. Enhancement of use of telehealth services in military health
system.
Sec. 719. Authorization of reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Subtitle C--Health Care Administration
Sec. 721. Authority to convert military medical and dental positions to
civilian medical and dental positions.
Sec. 722. Prospective payment of funds necessary to provide medical care
for the Coast Guard.
Sec. 723. Reduction of administrative requirements relating to automatic
renewal of enrollments in TRICARE Prime.
Sec. 724. Modification of authority of Uniformed Services University of
the Health Sciences to include undergraduate and other medical
education and training programs.
Sec. 725. Adjustment of medical services, personnel authorized
strengths, and infrastructure in military health system to
maintain readiness and core competencies of health care
providers.
Sec. 726. Program to eliminate variability in health outcomes and
improve quality of health care services delivered in military
medical treatment facilities.
Sec. 727. Acquisition strategy for health care professional staffing
services.
Sec. 728. Adoption of core quality performance metrics.
Sec. 729. Improvement of health outcomes and control of costs of health
care under TRICARE program through programs to involve covered
beneficiaries.
Sec. 730. Accountability for the performance of the military health
system of certain leaders within the system.
Sec. 731. Establishment of advisory committees for military treatment
facilities.
Subtitle D--Reports and Other Matters
Sec. 741. Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund and report on implementation of information technology
capabilities.
Sec. 742. Pilot program on expansion of use of physician assistants to
provide mental health care to members of the Armed Forces.
Sec. 743. Pilot program for prescription drug acquisition cost parity in
the TRICARE pharmacy benefits program.
Sec. 744. Pilot program on display of wait times at urgent care clinics
and pharmacies of military medical treatment facilities.
Sec. 745. Requirement to review and monitor prescribing practices at
military treatment facilities of pharmaceutical agents for
treatment of post-traumatic stress.
Sec. 746. Department of Defense study on preventing the diversion of
opioid medications.
Sec. 747. Incorporation into survey by Department of Defense of
questions on experiences of members of the Armed Forces with
family planning services and counseling.
Sec. 748. Assessment of transition to TRICARE program by families of
members of reserve components called to active duty and
elimination of certain charges for such families.
Sec. 749. Oversight of graduate medical education programs of military
departments.
Sec. 750. Study on health of helicopter and tiltrotor pilots.
Sec. 751. Comptroller General reports on health care delivery and waste
in military health system.
Subtitle A--Reform of TRICARE and Military Health System
SEC. 701. TRICARE SELECT AND OTHER TRICARE REFORM.
(a) Establishment of TRICARE Select.--
(1) In general.--Chapter 55 of title 10, United
States Code, is amended by inserting after section
1074n the following new section:
``Sec. 1075. TRICARE Select
``(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 Select'.
``(2) The Secretary shall establish TRICARE Select in all
areas. Under TRICARE Select, 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
Select 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 Select shall enroll in such option under section 1099
of this title.
``(c) Cost-sharing Requirements.--The cost-sharing
requirements under TRICARE Select 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 section 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 Select 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:
----------------------------------------------------------------------------------------------------------------
Active-Duty Family Member Retired (Individual/
``TRICARE Select (Individual/Family) Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment $0.................................... $450 / $900
----------------------------------------------------------------------------------------------------------------
Annual deductible E4 & below: $50 / $100 $150 / $300 Network
E5 & above: $150 / $300 $300 / $600 out of
network
----------------------------------------------------------------------------------------------------------------
Annual catastrophic cap $1,000................................ $3,500
----------------------------------------------------------------------------------------------------------------
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........................... $80 network
20% out of network.................... 25% out of network
----------------------------------------------------------------------------------------------------------------
Urgent care civilian network $20 network........................... $40 network
20% out of network.................... 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery civilian network $25 network........................... $95 network
20% out of network.................... 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian network $15................................... $60
----------------------------------------------------------------------------------------------------------------
Durable medical equipment civilian network 10% of negotiated fee................. 20% network
----------------------------------------------------------------------------------------------------------------
Inpatient visit civilian network $60 per network admission............. $175 per admission
network
...................................... .......................
20% out of network.................... 25% out of network
----------------------------------------------------------------------------------------------------------------
Inpatient skilled nursing/rehab civilian $25 per day network................... $50 per day network
$50 per day out of network............ Lesser of $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
specified under paragraphs (1) and (2) of 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 (4), 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 Select (other than such
beneficiaries covered by paragraph (3)). Such enrollment fee
shall be $150 for an individual and $300 for a family.
``(2) For the calendar year for which the Secretary first
establishes the annual enrollment fee under paragraph (1), the
Secretary shall adjust the catastrophic cap amount to be $3,500
for beneficiaries described in subsection (c)(2)(B) in the
retired category who are enrolled in TRICARE Select (other than
such beneficiaries covered by paragraph (3)).
``(3) The enrollment fee established pursuant to paragraph
(1) and the catastrophic cap adjusted under paragraph (2) 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).
``(4) 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 (5).
``(5) 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 Select.
``(f) Exception to Cost-sharing Requirements for TRICARE
for Life Beneficiaries.--A beneficiary enrolled in TRICARE for
Life is subject to cost-sharing requirements pursuant to
section 1086(d)(3) of this title and calculated as if the
beneficiary were enrolled in TRICARE Standard as if TRICARE
Standard were still being carried out by the Secretary.
``(g) Construction.--Nothing in this section may be
construed as affecting the availability of TRICARE Prime and
TRICARE for Life or the cost-sharing requirements for TRICARE
for Life under section 1086(d)(3) of this title.
``(h) Definitions.--In this section:
``(1) The terms `active-duty family member
category', `retired category', and `reserve and young
adult category' mean the respective categories of
TRICARE Select enrollment described in subsection (b).
``(2) The term `network' means--
``(A) with respect to health care services,
such services provided to beneficiaries by
TRICARE-authorized civilian health care
providers who have entered into a contract
under this chapter with a contractor under the
TRICARE program; and
``(B) with respect to providers, civilian
health care providers who have agreed to accept
a pre-negotiated rate as the total charge for
services provided by the provider and to file
claims for beneficiaries.
``(3) The term `out-of-network' means, with respect
to health care services, such services provided by
TRICARE-authorized civilian providers who have not
entered into a contract under this chapter with a
contractor under the TRICARE program.''.
(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 Select.''.
(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:
``Sec. 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:
----------------------------------------------------------------------------------------------------------------
Active-Duty Family Member Retired (Individual/
``TRICARE Prime (Individual/Family) Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment.............................. $0.................................... $350 / $700
----------------------------------------------------------------------------------------------------------------
Annual deductible.............................. No.................................... No
----------------------------------------------------------------------------------------------------------------
Annual catastrophic cap........................ $1,000................................ $3,500
----------------------------------------------------------------------------------------------------------------
Outpatient visit civilian network.............. $0.................................... $20 primary care
------------------------
...................................... $30 specialty care
----------------------------------------------------------------------------------------------------------------
ER visit civilian network...................... $0.................................... $60 network
----------------------------------------------------------------------------------------------------------------
Urgent care civilian network................... $0.................................... $30 network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery civilian network............ $0.................................... $60 network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian network..................... $0.................................... $40
----------------------------------------------------------------------------------------------------------------
Durable medical equipment civilian network..... $0.................................... 20% of negotiated fee,
network
----------------------------------------------------------------------------------------------------------------
Inpatient visit civilian network............... $0.................................... $150 per admission
----------------------------------------------------------------------------------------------------------------
Inpatient skilled nursing/rehab civilian....... $0.................................... $30 per day network
----------------------------------------------------------------------------------------------------------------
``(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.
``(c) Special Rule for Amounts Without Referrals.--
Notwithstanding subsection (b)(1), the cost-sharing amount for
a beneficiary enrolled in TRICARE Prime who does not obtain a
referral for care under paragraph (1) of section 1075f(a) of
this title (or a waiver pursuant to paragraph (2) of such
section for such care) shall be an amount equal to 50 percent
of the allowed point-of-service charge for such care.''.
(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) Referrals and Preauthorization for TRICARE Prime.--
Section 1095f of title 10, United States Code, is amended to
read as follows:
``Sec. 1095f. TRICARE program: referrals and preauthorizations under
TRICARE Prime
``(a) Referrals.--(1) Except as provided by paragraph (2),
a beneficiary enrolled in TRICARE Prime shall be required to
obtain a referral for care through a designated primary care
manager (or other care coordinator) prior to obtaining care
under the TRICARE program.
``(2) The Secretary may waive the referral requirement in
paragraph (1) in such circumstances as the Secretary may
establish for purposes of this subsection.
``(3) The cost-sharing amounts for a beneficiary enrolled
in TRICARE Prime who does not obtain a referral for care under
paragraph (1) (or a waiver pursuant to paragraph (2) for such
care) shall be determined under section 1075a(c) of this title.
``(b) Preauthorization.--A beneficiary enrolled in TRICARE
Prime shall be required to obtain preauthorization only with
respect to a referral for the following:
``(1) Inpatient hospitalization.
``(2) Inpatient care at a skilled nursing facility.
``(3) Inpatient care at a rehabilitation facility.
``(c) Prohibition Regarding Prior Authorization for Certain
Referrals.--The Secretary of Defense shall ensure that no
contract for managed care support under the TRICARE program
includes any requirement that a managed care support contractor
require a primary care or specialty care provider to obtain
prior authorization before referring a patient to a specialty
care provider that is part of the network of health care
providers or institutions of the contractor.''.
(d) Enrollment Periods.--
(1) Annual periods and qualifying events.--Section
1099(b) of title 10, United States Code, is amended by
amending paragraph (1) to read as follows:
``(1) allow covered beneficiaries to elect to
enroll in a health care plan, or modify a previous
election, from eligible health care plans designated by
the Secretary of Defense during--
``(A) an annual open enrollment period; and
``(B) any period based on a qualifying
event experienced by the beneficiary, as
determined appropriate by the Secretary; or''.
(2) Application.--The Secretary of Defense shall
implement the initial annual open enrollment period
pursuant to section 1099(b)(1) of title 10, United
States Code, as amended by paragraph (1), during 2018.
(3) Grace period during first year.--
(A) At any time during the one-year period
beginning on the date on which the initial
annual open enrollment period begins pursuant
to section 1099(b)(1) of title 10, United
States Code, as amended by paragraph (1), a
covered beneficiary may make an election, or
modify such an election, described in such
section.
(B) If during such one-year period an
individual who is eligible to enroll in the
TRICARE program, but does not elect to enroll
in such program, receives health care services
for an episode of care that would be covered
under the TRICARE program if such individual
were enrolled in the TRICARE program, the
Secretary--
(i) shall pay the out-of-network
fees only for the first episode of care
and inform the individual of the
opportunity to enroll in the TRICARE
program; and
(ii) may not pay any costs relating
to any subsequent episode of care if
such individual is not enrolled in the
TRICARE program.
(4) Transition plan.--Not later than March 1, 2017,
the Secretary shall provide to the Committees on Armed
Services of the Senate and the House of Representatives
a briefing on the transition plan of the Department of
Defense for implementing an annual enrollment period
for TRICARE Prime and TRICARE Select pursuant to
section 1099(b)(1) of title 10, United States Code, as
amended by paragraph (1). Such plan shall include
strategies to notify each beneficiary of the changes to
the TRICARE options and the changes to the enrollment
process.
(e) 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 or TRICARE Select, as the
case may be, as of January 1, 2018, for the individual to
continue coverage under the TRICARE program.
(f) 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 Select is
covered by the network by January 1, 2018;
(B) ensure access standards for
appointments for health care that meet or
exceed those of high-performing health care
systems in the United States, as determined by
the Secretary;
(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) establish mechanisms to evaluate the
quality metrics of the network providers
established under section 728;
(H) include any recommendations for
legislative action the Secretary determines
necessary to carry out the plan; and
(I) include any other elements the
Secretary determines appropriate.
(g) 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 (f), 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.
(h) Pilot Program on Incorporation of Value-based Health
Care in Purchased Care Component of TRICARE Program.--
(1) In general.--Not later than January 1, 2018,
the Secretary of Defense shall carry out a pilot
program to demonstrate and assess the feasibility of
incorporating value-based health care methodology in
the purchased care component of the TRICARE program by
reducing copayments or cost shares for targeted
populations of covered beneficiaries in the receipt of
high-value medications and services and the use of
high-value providers under such purchased care
component, including by exempting certain services from
deductible requirements.
(2) Requirements.--In carrying out the pilot
program under paragraph (1), the Secretary shall--
(A) identify each high-value medication and
service that is covered under the purchased
care component of the TRICARE program for which
a reduction or elimination of the copayment or
cost share for such medication or service would
encourage covered beneficiaries to use the
medication or service;
(B) reduce or eliminate copayments or cost
shares for covered beneficiaries to receive
high-value medications and services;
(C) reduce or eliminate copayments or cost
shares for covered beneficiaries to receive
health care services from high-value providers;
(D) credit the amount of any reduction or
elimination of a copayment or cost share under
subparagraph (B) or (C) for a covered
beneficiary towards meeting a deductible
applicable to the covered beneficiary in the
purchased care component of the TRICARE program
to the same extent as if such reduction or
elimination had not applied; and
(E) develop a process to reimburse high-
value providers at rates higher than those
rates for health care providers that are not
high-value providers.
(3) Report on value-based health care
methodology.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives a report that includes the
following:
(A) A list of each high-value medication
and service identified under paragraph (2)(A)
for which the copayment or cost share amount
will be reduced or eliminated under the pilot
program to encourage covered beneficiaries to
use such medications and services through the
purchased care component of the TRICARE
program.
(B) For each high-value medication and
service identified under paragraph (2)(A), the
amount of the copayment or cost share required
under the purchased care component of the
TRICARE program and the amount of any reduction
or elimination of such copayment or cost share
pursuant to the pilot program.
(C) A description of a plan to identify and
communicate to covered beneficiaries, through
multiple communication media--
(i) the list of high-value
medications and services described in
subparagraph (A); and
(ii) a list of high-value
providers.
(D) A description of modifications, if any,
to existing health care contracts that may be
required to implement value-based health care
methodology in the purchased care component of
the TRICARE program under the pilot program and
the estimated costs of those contract
modifications.
(4) Comptroller general preliminary review and
assessment.--
(A) Not later than March 1, 2021, 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 and assessment of the preliminary
results of the pilot program.
(B) The review and assessment required
under subparagraph (A) shall include the
following:
(i) An assessment of the extent of
the use of value-based health care
methodology in the purchased care
component of the TRICARE program under
the pilot program.
(ii) An analysis demonstrating how
reducing or eliminating the copayment
or cost share for each high-value
medication and service identified under
paragraph (2)(A) resulted in--
(I) increased adherence to
medication regimens;
(II) improvement of quality
measures;
(III) improvement of health
outcomes;
(IV) reduction of number of
emergency room visits or
hospitalizations; and
(V) enhancement of
experience of care for covered
beneficiaries.
(iii) Such recommendations for
incentivizing the use of high-value
medications and services to improve
health outcomes and the experience of
care for beneficiaries as the
Comptroller General considers
appropriate.
(5) Review and assessment of pilot program.--
(A) Not later than January 1, 2023, the
Secretary shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a review and assessment of the
pilot program.
(B) The review and assessment required
under subparagraph (A) shall include the
following:
(i) An assessment of the extent of
the use of value-based health care
methodology in the purchased care
component of the TRICARE program under
the pilot program.
(ii) An analysis demonstrating how
reducing or eliminating the copayment
or cost share for each high-value
medication and service identified under
paragraph (2)(A) resulted in--
(I) increased adherence to
medication regimens;
(II) improvement of quality
measures;
(III) improvement of health
outcomes; and
(IV) enhancement of
experience of care for covered
beneficiaries.
(iii) A cost-benefit analysis of
the implementation of value-based
health care methodology in the
purchased care component of the TRICARE
program under the pilot program.
(iv) Such recommendations for
incentivizing the use of high-value
medications and services to improve
health outcomes and the experience of
care for covered beneficiaries as the
Secretary considers appropriate.
(6) Termination.--The Secretary may not carry out
the pilot program after December 31, 2022.
(i) 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 (j).
(2) The term ``TRICARE Select'' means the self-
managed, preferred-provider network option under the
TRICARE program established by section 1075 of such
title, as added by subsection (a).
(3) The term ``chronic conditions'' includes
diabetes, chronic obstructive pulmonary disease,
asthma, congestive heart failure, hypertension, history
of stroke, coronary artery disease, mood disorders, and
such other diseases or conditions as the Secretary
considers appropriate.
(4) The term ``high-value medications and
services'' means prescription medications and clinical
services for the management of chronic conditions that
the Secretary determines would improve health outcomes
and create health value for covered beneficiaries (such
as preventive care, primary and specialty care,
diagnostic tests, procedures, and durable medical
equipment).
(5) The term ``high-value provider'' means an
individual or institutional health care provider that
provides health care under the purchased care component
of the TRICARE program and that consistently improves
the experience of care, meets established quality of
care and effectiveness metrics, and reduces the per
capita costs of health care.
(6) The term ``value-based health care
methodology'' means a methodology for identifying
specific prescription medications and clinical services
