[114th Congress Public Law 328]
[From the U.S. Government Publishing Office]
<DOC>
[[Page 1999]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
[[Page 130 STAT. 2000]]
Public Law 114-328
114th Congress
An Act
To authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <<NOTE: Dec. 23,
2016 - [S. 2943]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2017.>>
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.
[[Page 130 STAT. 2001]]
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.
[[Page 130 STAT. 2002]]
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.
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.
[[Page 130 STAT. 2003]]
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.
[[Page 130 STAT. 2004]]
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.
[[Page 130 STAT. 2005]]
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.
[[Page 130 STAT. 2006]]
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.
[[Page 130 STAT. 2007]]
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.
[[Page 130 STAT. 2008]]
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.
[[Page 130 STAT. 2009]]
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.
[[Page 130 STAT. 2010]]
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.
[[Page 130 STAT. 2011]]
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.
[[Page 130 STAT. 2012]]
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.
[[Page 130 STAT. 2013]]
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.
[[Page 130 STAT. 2014]]
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.
[[Page 130 STAT. 2015]]
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.
[[Page 130 STAT. 2016]]
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.
[[Page 130 STAT. 2017]]
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.
[[Page 130 STAT. 2018]]
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.
[[Page 130 STAT. 2019]]
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.
[[Page 130 STAT. 2020]]
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.
[[Page 130 STAT. 2021]]
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.
[[Page 130 STAT. 2022]]
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.
[[Page 130 STAT. 2023]]
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.
[[Page 130 STAT. 2024]]
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.
[[Page 130 STAT. 2025]]
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. <<NOTE: 10 USC 101 note.>> 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.
[[Page 130 STAT. 2026]]
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
[[Page 130 STAT. 2027]]
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
[[Page 130 STAT. 2028]]
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.
[[Page 130 STAT. 2029]]
(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. <<NOTE: 10 USC 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
[[Page 130 STAT. 2030]]
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 <<NOTE: 10 USC 7291 prec.>> is amended
by inserting after the item relating to section 7300 the
following new item:
``7301. Determination of vessel delivery dates.''.
(b) <<NOTE: 10 USC 7301 note.>> 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;
[[Page 130 STAT. 2031]]
(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
[[Page 130 STAT. 2032]]
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.
[[Page 130 STAT. 2033]]
(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
[[Page 130 STAT. 2034]]
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
[[Page 130 STAT. 2035]]
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
[[Page 130 STAT. 2036]]
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.
[[Page 130 STAT. 2037]]
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
[[Page 130 STAT. 2038]]
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
[[Page 130 STAT. 2039]]
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).
[[Page 130 STAT. 2040]]
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. <<NOTE: 10 USC 2430 note.>> 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.
[[Page 130 STAT. 2041]]
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.
[[Page 130 STAT. 2042]]
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;
[[Page 130 STAT. 2043]]
(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.
[[Page 130 STAT. 2044]]
(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.
[[Page 130 STAT. 2045]]
(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.
[[Page 130 STAT. 2046]]
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. <<NOTE: 10 USC 2358 note.>> 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;
[[Page 130 STAT. 2047]]
(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 than 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:
[[Page 130 STAT. 2048]]
``(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:
[[Page 130 STAT. 2049]]
``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;
[[Page 130 STAT. 2050]]
``(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
[[Page 130 STAT. 2051]]
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, as amended by section 821(a), is further amended by adding
at the end the following new section:
``Sec. 2339. <<NOTE: 10 USC 2339.>> 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, as amended by <<NOTE: 10 USC 2301
prec.>> section 821b, is further amended by adding at the end
the following new item:
``2339. 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--
[[Page 130 STAT. 2052]]
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting ``(1)
Except as provided in sections 2338 and 2339 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. <<NOTE: 50 USC 1527 note.>> 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.
[[Page 130 STAT. 2053]]
(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. <<NOTE: 10 USC 2431 note.>> 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.
[[Page 130 STAT. 2054]]
(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.
[[Page 130 STAT. 2055]]
(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. <<NOTE: 10 USC 3013 note.>> 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.
[[Page 130 STAT. 2056]]
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--
[[Page 130 STAT. 2057]]
(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
[[Page 130 STAT. 2058]]
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.
[[Page 130 STAT. 2059]]
(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. <<NOTE: 10 USC 2302 note.>> 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
[[Page 130 STAT. 2060]]
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
[[Page 130 STAT. 2061]]
(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. <<NOTE: 10 USC 2223 note.>> 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. <<NOTE: 10 USC 2358 note.>> 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
[[Page 130 STAT. 2062]]
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
[[Page 130 STAT. 2063]]
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
[[Page 130 STAT. 2064]]
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. <<NOTE: 10 USC 113 note.>> 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. <<NOTE: 10 USC 2367 note.>> 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.
[[Page 130 STAT. 2065]]
(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.
[[Page 130 STAT. 2066]]
(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. <<NOTE: 10 USC 2358 note.>> 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
[[Page 130 STAT. 2067]]
(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.
[[Page 130 STAT. 2068]]
(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.
[[Page 130 STAT. 2069]]
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
[[Page 130 STAT. 2070]]
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--
[[Page 130 STAT. 2071]]
(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.
[[Page 130 STAT. 2072]]
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);
[[Page 130 STAT. 2073]]
(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. <<NOTE: 42 USC 17142 note.>> 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. <<NOTE: 10 USC 2302 note.>> 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. <<NOTE: 10 USC 4681 note prec.>> 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.
[[Page 130 STAT. 2074]]
(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:
[[Page 130 STAT. 2075]]
``Sec. 10102a. <<NOTE: 10 USC 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 <<NOTE: 10 USC 10101
prec.>> 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. <<NOTE: 10 USC 2228 note.>> 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
[[Page 130 STAT. 2076]]
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. <<NOTE: 10 USC 4551 note.>> 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.
[[Page 130 STAT. 2077]]
(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.
[[Page 130 STAT. 2078]]
(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.''.
[[Page 130 STAT. 2079]]
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
[[Page 130 STAT. 2080]]
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
[[Page 130 STAT. 2081]]
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 <<NOTE: 49 USC 44701 prec.>> 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.
[[Page 130 STAT. 2082]]
``(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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 2381 prec.>> 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. <<NOTE: 10 USC 2701 note.>> 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--
[[Page 130 STAT. 2083]]
(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.
[[Page 130 STAT. 2084]]
(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. <<NOTE: 10 USC 2576a note.>> 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.
[[Page 130 STAT. 2085]]
SEC. 345. <<NOTE: 10 USC 2821 note.>> 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. <<NOTE: 10 USC 113 note.>> 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--
[[Page 130 STAT. 2086]]
(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. <<NOTE: 10 USC 1030 note prec.>> 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
[[Page 130 STAT. 2087]]
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.
[[Page 130 STAT. 2088]]
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
[[Page 130 STAT. 2089]]
(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. <<NOTE: 10 USC 2641b note.>> 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.
[[Page 130 STAT. 2090]]
(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''.
[[Page 130 STAT. 2091]]
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
[[Page 130 STAT. 2092]]
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:
[[Page 130 STAT. 2093]]
(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.
[[Page 130 STAT. 2094]]
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.
[[Page 130 STAT. 2095]]
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.
[[Page 130 STAT. 2096]]
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. <<NOTE: 10 USC 525 note.>> 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.
[[Page 130 STAT. 2097]]
(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;
[[Page 130 STAT. 2098]]
(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.
[[Page 130 STAT. 2099]]
(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;
[[Page 130 STAT. 2100]]
(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. <<NOTE: 10 USC 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.
[[Page 130 STAT. 2101]]
``(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
[[Page 130 STAT. 2102]]
``(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, <<NOTE: 10 USC 521
prec.>> 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 <<NOTE: 10 USC 151
prec.>> 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 <<NOTE: 10 USC 201
prec.>> 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).
[[Page 130 STAT. 2103]]
(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 <<NOTE: 10 USC 711
prec.>> 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 <<NOTE: 10 USC 711
prec.>> 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 <<NOTE: 10 USC 741
prec.>> 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 <<NOTE: 10 USC 3031
prec.>> 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:
[[Page 130 STAT. 2104]]
``Sec. 3070. Army Medical Specialist Corps: organization; Chief''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 307 of such title <<NOTE: 10 USC 3061
prec.>> 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 <<NOTE: 10 USC 3061
prec.>> 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 <<NOTE: 10 USC 3531
prec.>> 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.
[[Page 130 STAT. 2105]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 513 of such title <<NOTE: 10 USC 5131
prec.>> 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 <<NOTE: 10 USC 5131
prec.>> 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
[[Page 130 STAT. 2106]]
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 <<NOTE: 10 USC 8061
prec.>> 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 <<NOTE: 10 USC 8531
prec.>> 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--
[[Page 130 STAT. 2107]]
(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. <<NOTE: 10 USC 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
[[Page 130 STAT. 2108]]
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, <<NOTE: 10 USC 637 prec.>> 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
[[Page 130 STAT. 2109]]
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. <<NOTE: 10 USC 503 note.>> 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
[[Page 130 STAT. 2110]]
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--
[[Page 130 STAT. 2111]]
(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''.
[[Page 130 STAT. 2112]]
(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(b) of title 5, United States
Code, is amended by striking paragraph (5).
[[Page 130 STAT. 2113]]
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
[[Page 130 STAT. 2114]]
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
[[Page 130 STAT. 2115]]
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. <<NOTE: 10 USC 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, <<NOTE: 10 USC 701
prec.>> 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. <<NOTE: 10 USC 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
[[Page 130 STAT. 2116]]
``(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 <<NOTE: 10 USC 701 prec.>> 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,''.
[[Page 130 STAT. 2117]]
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) <<NOTE: 10 USC 1210 note.>> 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. <<NOTE: 10 USC 3013 note.>> 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.--
[[Page 130 STAT. 2118]]
(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.
[[Page 130 STAT. 2119]]
``(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;
[[Page 130 STAT. 2120]]
``(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) <<NOTE: 10 USC 1034 note.>> 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
[[Page 130 STAT. 2121]]
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) <<NOTE: 10 USC 1034 note.>> 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
[[Page 130 STAT. 2122]]
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) <<NOTE: 10 USC 1552 note.>> 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
[[Page 130 STAT. 2123]]
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
[[Page 130 STAT. 2124]]
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
[[Page 130 STAT. 2125]]
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) <<NOTE: 10 USC 942 note.>> 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) <<NOTE: 10 USC 942 note.>> 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
[[Page 130 STAT. 2126]]
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. <<NOTE: 10 USC 827 note.>> 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.
[[Page 130 STAT. 2127]]
SEC. 543. <<NOTE: 10 USC 1561 note.>> 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.''.
[[Page 130 STAT. 2128]]
SEC. 545. <<NOTE: 10 USC 1561 note.>> 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. <<NOTE: 10 USC 1561 note.>> 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. <<NOTE: 10 USC 1561 note.>> 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
[[Page 130 STAT. 2129]]
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) <<NOTE: 10 USC 1561 note.>> 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. <<NOTE: 10 USC 113 note.>> 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
[[Page 130 STAT. 2130]]
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.
[[Page 130 STAT. 2131]]
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
[[Page 130 STAT. 2132]]
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.
[[Page 130 STAT. 2133]]
(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
[[Page 130 STAT. 2134]]
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--
[[Page 130 STAT. 2135]]
(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.
[[Page 130 STAT. 2136]]
(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
[[Page 130 STAT. 2137]]
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.''.
[[Page 130 STAT. 2138]]
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) <<NOTE: 10 USC 1144 note.>> 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
[[Page 130 STAT. 2139]]
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) <<NOTE: 10 USC 4342 note.>> 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
[[Page 130 STAT. 2140]]
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
[[Page 130 STAT. 2141]]
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) <<NOTE: 20 USC 7703b note.>> 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. <<NOTE: 50 USC 3938a.>> 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.
[[Page 130 STAT. 2142]]
(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. <<NOTE: 10 USC 1787 note.>> 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):
[[Page 130 STAT. 2143]]
``(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. <<NOTE: 10 USC 1781 note.>> 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).
[[Page 130 STAT. 2144]]
(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).
[[Page 130 STAT. 2145]]
SEC. 579. <<NOTE: 20 USC 7703 note.>> 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) <<NOTE: 20 USC 7703 note.>> 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) <<NOTE: 20 USC 7703 note.>> 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
[[Page 130 STAT. 2146]]
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)--
[[Page 130 STAT. 2147]]
(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
[[Page 130 STAT. 2148]]
``(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) <<NOTE: 20 USC 7703 note.>> 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) <<NOTE: 20 USC 7703 note.>> 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.
[[Page 130 STAT. 2149]]
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
[[Page 130 STAT. 2150]]
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)
[[Page 130 STAT. 2151]]
Joseph Verbis LaFleur while interned as a prisoner-of- war by Japan from
December 30, 1941, to September 7, 1944.
SEC. 586. <<NOTE: 10 USC 3741 note.>> 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).
[[Page 130 STAT. 2152]]
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 <<NOTE: 10 USC 9331 prec.>> 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.
[[Page 130 STAT. 2153]]
(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.
[[Page 130 STAT. 2154]]
(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.
[[Page 130 STAT. 2155]]
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. <<NOTE: 37 USC 1009 note.>> 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.
[[Page 130 STAT. 2156]]
SEC. 602. <<NOTE: 37 USC 203 note.>> 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
[[Page 130 STAT. 2157]]
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'':
[[Page 130 STAT. 2158]]
(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.
[[Page 130 STAT. 2159]]
(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.
[[Page 130 STAT. 2160]]
``(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'';
[[Page 130 STAT. 2161]]
(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 <<NOTE: 26 USC
112.>> 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.''.
[[Page 130 STAT. 2162]]
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) <<NOTE: 10 USC 1409 note.>> 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. <<NOTE: 5 USC 8432 note.>> 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.
[[Page 130 STAT. 2163]]
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 <<NOTE: 37 USC 301
prec.>> 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) <<NOTE: 37 USC 356 note.>> 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)''.
[[Page 130 STAT. 2164]]
(b) <<NOTE: 10 USC 1413a note.>> 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) <<NOTE: 10 USC 1408 note.>> 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''.
[[Page 130 STAT. 2165]]
(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) <<NOTE: 10 USC 1448 note.>> 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):
[[Page 130 STAT. 2166]]
``(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
[[Page 130 STAT. 2167]]
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 <<NOTE: 37 USC 401 prec.>> 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) <<NOTE: 37 USC 437 note.>> 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)--
[[Page 130 STAT. 2168]]
(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 <<NOTE: 37 USC 301 prec.>> 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
[[Page 130 STAT. 2169]]
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.''.
[[Page 130 STAT. 2170]]
(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
[[Page 130 STAT. 2171]]
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
[[Page 130 STAT. 2172]]
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) <<NOTE: 10 USC 2484 note.>> 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. <<NOTE: 10 USC 2485 note.>> 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.
[[Page 130 STAT. 2173]]
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''.
[[Page 130 STAT. 2174]]
(5) <<NOTE: 10 USC 4837 note.>> 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
[[Page 130 STAT. 2175]]
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--
[[Page 130 STAT. 2176]]
(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
[[Page 130 STAT. 2177]]
(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
[[Page 130 STAT. 2178]]
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. <<NOTE: 37 USC 474 note.>> 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.
[[Page 130 STAT. 2179]]
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.
[[Page 130 STAT. 2180]]
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. <<NOTE: 10 USC 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).
[[Page 130 STAT. 2181]]
``(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 (Individual/
``TRICARE Select Family) Retired (Individual/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 $1,000 $3,500
catastrophic cap
----------------------------------------------------------------------------------------------------------------
Outpatient visit $15 primary care $25 primary care
civilian network
$25 specialty care $40 specialty care
............................................. .............................................
Out of network: 20% 25% of out of network
----------------------------------------------------------------------------------------------------------------
ER visit civilian $40 network $80 network
network
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Urgent care $20 network $40 network
civilian network
[[Page 130 STAT. 2182]]
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery $25 network $95 network
civilian network
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian $15 $60
network
----------------------------------------------------------------------------------------------------------------
Durable medical 10% of negotiated fee 20% network
equipment
civilian network
----------------------------------------------------------------------------------------------------------------
Inpatient visit $60 per network admission $175 per admission network
civilian network
............................................. .............................................
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Inpatient skilled $25 per day network $50 per day network
nursing/rehab
civilian
$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
[[Page 130 STAT. 2183]]
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
[[Page 130 STAT. 2184]]
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, <<NOTE: 10 USC 1071
prec.>> 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. <<NOTE: 10 USC 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 (Individual/
``TRICARE Prime Family) Retired (Individual/Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment $0 $350 / $700
----------------------------------------------------------------------------------------------------------------
Annual deductible No No
----------------------------------------------------------------------------------------------------------------
[[Page 130 STAT. 2185]]
Annual $1,000 $3,500
catastrophic cap
----------------------------------------------------------------------------------------------------------------
Outpatient visit $0 $20 primary care
civilian network
----------------------------------------------
............................................. $30 specialty care
----------------------------------------------------------------------------------------------------------------
ER visit civilian $0 $60 network
network
----------------------------------------------------------------------------------------------------------------
Urgent care $0 $30 network
civilian network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery $0 $60 network
civilian network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian $0 $40
network
----------------------------------------------------------------------------------------------------------------
Durable medical $0 20% of negotiated fee, network
equipment
civilian network
----------------------------------------------------------------------------------------------------------------
Inpatient visit $0 $150 per admission
civilian network
----------------------------------------------------------------------------------------------------------------
Inpatient skilled $0 $30 per day network
nursing/rehab
civilian
----------------------------------------------------------------------------------------------------------------
``(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, <<NOTE: 10 USC 1071
prec.>> United States Code, is
[[Page 130 STAT. 2186]]
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) <<NOTE: 10 USC 1099 note.>> 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) <<NOTE: 10 USC 1099 note.>> 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,
[[Page 130 STAT. 2187]]
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) <<NOTE: 10 USC 1073 note.>> 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;
[[Page 130 STAT. 2188]]
(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) <<NOTE: 10 USC 1073 note.>> 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;
[[Page 130 STAT. 2189]]
(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;
[[Page 130 STAT. 2190]]
(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) <<NOTE: 10 USC 1073 note.>> 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.
[[Page 130 STAT. 2191]]
(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 provided under the TRICARE program for
which reduction of copayments, cost shares, or both, would
improve the management of specific chronic conditions because of
the high value and clinical effectiveness of such medications
and services for such chronic conditions.
(j) Conforming Amendments.--
(1) In general.--Title 10, United States Code, is amended as
follows:
(A) Section 1072 is amended--
(i) by striking paragraph (7) and inserting
the following:
``(7) The term `TRICARE program' means the various programs
carried out by the Secretary of Defense under this chapter and
any other provision of law providing for the furnishing of
medical and dental care and health benefits to members and
former members of the uniformed services and their dependents,
including the following health plan options:
``(A) TRICARE Prime.
``(B) TRICARE Select.
``(C) TRICARE for Life.''; and
(ii) by adding at the end the following new
paragraphs:
``(11) The term `TRICARE Extra' means the preferred-provider
option of the TRICARE program made available prior to January 1,
2018, under which TRICARE Standard beneficiaries may obtain
discounts on cost sharing as a result of using TRICARE network
providers.
``(12) The term `TRICARE Select' means the self-managed,
preferred-provider network option under the TRICARE program
established by section 1075 of this title.
``(13) The term `TRICARE for Life' means the Medicare
wraparound coverage option of the TRICARE program made available
to the beneficiary by reason of section 1086(d) of this title.
``(14) The term `TRICARE Prime' means the managed care
option of the TRICARE program.
``(15) The term `TRICARE Standard' means the TRICARE program
made available prior to January 1, 2018, covering--
``(A) medical care to which a dependent described in
section 1076(a)(2) of this title is entitled; and
``(B) health benefits contracted for under the
authority of section 1079(a) of this title and subject
to the same
[[Page 130 STAT. 2192]]
rates and conditions as apply to persons covered under
that section.''.
(B) Section 1076d is amended--
(i) in subsection (d)(1), by inserting after
``coverage.'' the following: ``Such premium shall
apply instead of any enrollment fees required
under section 1075 of this section.''; and
(ii) in subsection (f), by striking paragraph
(2) and inserting the following new paragraph:
``(2) The term `TRICARE Reserve Select' means the TRICARE
Select self-managed, preferred-provider network option under
section 1075 made available to beneficiaries by reason of this
section and in accordance with subsection (d)(1).''; and
(iii) by striking ``TRICARE Standard'' each
place it appears (including in the heading of such
section) and inserting ``TRICARE Reserve Select''.
(C) Section 1076e is amended--
(i) in subsection (d)(1), by inserting after
``coverage.'' the following: ``Such premium shall
apply instead of any enrollment fees required
under section 1075 of this section.''; and
(ii) in subsection (f), by striking paragraph
(2) and inserting the following new paragraph:
``(2) The term `TRICARE Retired Reserve' means the TRICARE
Select self-managed, preferred-provider network option under
section 1075 made available to beneficiaries by reason of this
section and in accordance with subsection (d)(1).'';
(iii) in subsection (b), by striking ``TRICARE
Standard coverage at'' and inserting ``TRICARE
coverage at''; and
(iv) by striking ``TRICARE Standard'' each
place it appears (including in the heading of such
section) and inserting ``TRICARE Retired
Reserve''.
(D) Section 1079a is amended--
(i) in the section heading, by striking
``CHAMPUS'' and inserting ``TRICARE program''; and
(ii) by striking ``the Civilian Health and
Medical Program of the Uniformed Services'' and
inserting ``the TRICARE program''.
(E) Section 1099(c) is amended by striking paragraph
(2) and inserting the following new paragraph:
``(2) A plan under the TRICARE program.''.
(F) Section 1110b(c)(1) is amended by inserting
after ``(b).'' the following: ``Such premium shall apply
instead of any enrollment fees required under section
1075 of this section.''.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 55 of title 10, <<NOTE: 10 USC 1071
prec.>> United States Code, is further amended--
(A) in the item relating to section 1076d, by
striking ``TRICARE Standard'' and inserting ``TRICARE
Reserve Select'';
(B) in the item relating to section 1076e, by
striking ``TRICARE Standard'' and inserting ``TRICARE
Retired Reserve'';
[[Page 130 STAT. 2193]]
(C) in the item relating to section 1079a, by
striking ``CHAMPUS'' and inserting ``TRICARE program'';
and
(D) in the item relating to section 1095f, by
striking ``for specialty health care'' and inserting
``and preauthorizations under TRICARE Prime''.
(3) Conforming style.--Any new language inserted or added to
title 10, United States Code, by an amendment made by this
subsection shall conform to the typeface and typestyle of the
matter in which the language is so inserted or added.
(k) <<NOTE: 10 USC 1072 note.>> Application.--The amendments made
by this section shall apply with respect to the provision of health care
under the TRICARE program beginning on January 1, 2018.
SEC. 702. REFORM OF ADMINISTRATION OF THE DEFENSE HEALTH AGENCY
AND MILITARY MEDICAL TREATMENT FACILITIES.
(a) Administration.--
(1) In general.--Chapter 55 of title 10, United States Code,
is amended by inserting after section 1073b the following new
section:
``Sec. 1073c. <<NOTE: 10 USC 1073c.>> Administration of Defense
Health Agency and military medical treatment
facilities
``(a) Administration of Military Medical Treatment Facilities.--(1)
Beginning October 1, 2018, the Director of the Defense Health Agency
shall be responsible for the administration of each military medical
treatment facility, including with respect to--
``(A) budgetary matters;
``(B) information technology;
``(C) health care administration and management;
``(D) administrative policy and procedure;
``(E) miliary medical construction; and
``(F) any other matters the Secretary of Defense determines
appropriate.
``(2) The commander of each military medical treatment facility
shall be responsible for--
``(A) ensuring the readiness of the members of the armed
forces and civilian employees at such facility; and
``(B) furnishing the health care and medical treatment
provided at such facility.
``(3) The Secretary of Defense shall establish within the Defense
Health Agency a professional staff to provide policy, oversight, and
direction to carry out subsection (a). The Secretary shall carry out
this paragraph by appointing the positions specified in subsections (b)
and (c).
``(b) DHA Assistant Director.--(1) There is in the Defense Health
Agency an Assistant Director for Health Care Administration. The
Assistant Director shall--
``(A) be a career appointee within the Department; and
``(B) report directly to the Director of the Defense Health
Agency.
``(2) The Assistant Director shall be appointed from among
individuals who have equivalent education and experience as a chief
executive officer leading a large, civilian health care system.
``(3) The Assistant Director shall be responsible for the following:
``(A) Establishing priorities for health care administration
and management.
[[Page 130 STAT. 2194]]
``(B) Establishing policies, procedures, and direction for
the provision of direct care at military medical treatment
facilities.
``(C) Establishing priorities for budgeting matters with
respect to the provision of direct care at military medical
treatment facilities.
``(D) Establishing policies, procedures, and direction for
clinic management and operations at military medical treatment
facilities.
``(E) Establishing priorities for information technology at
and between the military medical treatment facilities.
``(c) DHA Deputy Assistant Directors.--(1)(A) There is in the
Defense Health Agency a Deputy Assistant Director for Information
Operations.
``(B) The Deputy Assistant Director for Information Operations shall
be responsible for policies, management, and execution of information
technology operations at and between the military medical treatment
facilities.
``(2)(A) There is in the Defense Health Agency a Deputy Assistant
Director for Financial Operations.
``(B) The Deputy Assistant Director for Financial Operations shall
be responsible for the policy, procedures, and direction of budgeting
matters and financial management with respect to the provision of direct
care across the military health system.
``(3)(A) There is in the Defense Health Agency a Deputy Assistant
Director for Health Care Operations.
``(B) The Deputy Assistant Director for Health Care Operations shall
be responsible for the policy, procedures, and direction of health care
administration in the military medical treatment facilities.
``(4)(A) There is in the Defense Health Agency a Deputy Assistant
Director for Medical Affairs.
``(B) The Deputy Assistant Director for Medical Affairs shall be
responsible for policy, procedures, and direction of clinical quality
and process improvement, patient safety, infection control, graduate
medical education, clinical integration, utilization review, risk
management, patient experience, and civilian physician recruiting.
``(5) Each Deputy Assistant Director appointed under paragraphs (1)
through (4) shall report directly to the Assistant Director for Health
Care Administration.
``(d) Certain Responsibilities of DHA Director.--(1) In addition to
the other duties of the Director of the Defense Health Agency, the
Director shall coordinate with the Joint Staff Surgeon to ensure that
the Director most effectively carries out the responsibilities of the
Defense Health Agency as a combat support agency under section 193 of
this title.
``(2) The responsibilities of the Director shall include the
following:
``(A) Ensuring that the Defense Health Agency meets the
operational needs of the commanders of the combatant commands.
``(B) Coordinating with the military departments to ensure
that the staffing at the military medical treatment facilities
supports readiness requirements for members of the armed forces
and health care personnel.
``(e) Definitions.--In this section:
``(1) The term `career appointee' has the meaning given that
term in section 3132(a)(4) of title 5.
[[Page 130 STAT. 2195]]
``(2) The term `Defense Health Agency' means the Defense
Agency established pursuant to Department of Defense Directive
5136.13, or such successor Defense Agency.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC 1071 prec.>> is amended
by inserting after the item relating to section 1073b the
following new item:
``1073c. Administration of Defense Health Agency and military medical
treatment facilities.''.
(b) Positions of Surgeon General in the Armed Forces.--
(1) Surgeon general of the army.--Section 3036 of title 10,
United States Code, is amended--
(A) in subsection (d), by striking ``(1)'';
(B) by redesignating subsection (e) as subsection
(g);
(C) by inserting after subsection (d) a new
subsection (e);
(D) by transferring paragraphs (2) and (3) of
subsection (d) to subsection (e), as added by
subparagraph (C), and redesignating such paragraphs as
paragraphs (1) and (2), respectively; and
(E) by adding after subsection (e), as added by
subparagraph (C), the following new subsection (f):
``(f)(1) The Surgeon General serves as the principal advisor to the
Secretary of the Army and the Chief of Staff of the Army on all health
and medical matters of the Army, including strategic planning and policy
development relating to such matters.
``(2) The Surgeon General serves as the chief medical advisor of the
Army to the Director of the Defense Health Agency on matters pertaining
to military health readiness requirements and safety of members of the
Army.
``(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Army, shall recruit, organize,
train, and equip, medical personnel of the Army.''.
(2) Surgeon general of the navy.--
(A) In general.--Section 5137 of title 10, United
States Code, is amended to read as follows:
``Sec. 5137. Surgeon General: appointment; duties
``(a) Appointment.--The Surgeon General of the Navy shall be
appointed by the President, by and with the advice and consent of the
Senate, for a term of four years, from officers on the active-duty list
of the Navy in any corps of the Navy Medical Department.
``(b) Duties.--(1) The Surgeon General serves as the Chief of the
Bureau of Medicine and Surgery and serves as the principal advisor to
the Secretary of the Navy and the Chief of Naval Operations on all
health and medical matters of the Navy and the Marine Corps, including
strategic planning and policy development relating to such matters.
``(2) The Surgeon General serves as the chief medical advisor of the
Navy and the Marine Corps to the Director of the Defense Health Agency
on matters pertaining to military health readiness requirements and
safety of members of the Navy and the Marine Corps.
``(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Navy, shall recruit, organize,
train, and equip, medical personnel of the Navy and the Marine Corps.''.
[[Page 130 STAT. 2196]]
(B) Clerical amendment.--The table of sections at
the beginning of chapter 513 of such title <<NOTE: 10
USC 5131 prec.>> is amended by striking the item
relating to section 5137 and inserting the following new
item:
``5137. Surgeon General: appointment; duties.''.
(3) Surgeon general of the air force.--
(A) In general.--Section 8036 of title 10, United
States Code, is amended to read as follows:
``Sec. 8036. Surgeon General: appointment; duties
``(a) Appointment.--The Surgeon General of the Air Force shall be
appointed by the President, by and with the advice and consent of the
Senate from officers of the Air Force who are in the Air Force medical
department.
``(b) Duties.--(1) The Surgeon General serves as the principal
advisor to the Secretary of the Air Force and the Chief of Staff of the
Air Force on all health and medical matters of the Air Force, including
strategic planning and policy development relating to such matters.
``(2) The Surgeon General serves as the chief medical advisor of the
Air Force to the Director of the Defense Health Agency on matters
pertaining to military health readiness requirements and safety of
members of the Air Force.
``(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Air Force, shall recruit, organize,
train, and equip, medical personnel of the Air Force.''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 805 of such title <<NOTE: 10
USC 8031 prec.>> is amended by striking the item
relating to section 8036 and inserting the following new
item:
``8036. Surgeon General: appointment; duties.''.
(c) <<NOTE: 10 USC 1073c note.>> Appointments.--The Secretary of
Defense shall make appointments of the positions under section 1073c of
title 10, United States Code, as added by subsection (a)--
(1) by not later than October 1, 2018; and
(2) by not increasing the number of full-time equivalent
employees of the Defense Health Agency.
(d) Implementation Plan.--
(1) In general.--The Secretary of Defense shall develop a
plan to implement section 1073c of title 10, United States Code,
as added by subsection (a).
(2) Elements.--The plan developed under paragraph (1) shall
include the following:
(A) How the Secretary will carry out subsection (a)
of such section 1073c.
(B) Efforts to eliminate duplicative activities
carried out by the elements of the Defense Health Agency
and the military departments.
(C) Efforts to maximize efficiencies in the
activities carried out by the Defense Health Agency.
(D) How the Secretary will implement such section
1073c in a manner that reduces the number of members of
the Armed Forces, civilian employees who are full-time
[[Page 130 STAT. 2197]]
equivalent employees, and contractors relating to the
headquarters activities of the military health system,
as of the date of the enactment of this Act.
(e) Reports.--
(1) Interim report.--Not later than March 1, 2017, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report
containing--
(A) a preliminary draft of the plan developed under
subsection (d)(1); and
(B) any recommendations for legislative actions the
Secretary determines necessary to carry out the plan.
(2) Final report.--Not later than March 1, 2018, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report containing
the final version of the plan developed under subsection (d)(1).
(3) Comptroller general reviews.--
(A) The Comptroller General of the United States
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate--
(i) a review of the preliminary draft of the
plan submitted under paragraph (1) by not later
than September 1, 2017; and
(ii) a review of the final version of the plan
submitted under paragraph (2) by not later than
September 1, 2018.
(B) Each review of the plan conducted under
subparagraph (A) shall determine whether the Secretary
has addressed the required elements for the plan under
subsection (d)(2).
SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES.
(a) Administration.--
(1) In general.--Chapter 55 of title 10, United States Code,
as amended by section 702, is further amended by inserting after
section 1073c the following new section:
``Sec. 1073d. <<NOTE: 10 USC 1073d.>> Military medical treatment
facilities
``(a) In General.--To support the medical readiness of the armed
forces and the readiness of medical personnel, the Secretary of Defense,
in consultation with the Secretaries of the military departments, shall
maintain the military medical treatment facilities described in
subsections (b), (c), and (d).
``(b) Medical Centers.--(1) The Secretary of Defense shall maintain
medical centers in areas with a large population of members of the armed
forces and covered beneficiaries.
``(2) Medical centers shall serve as referral facilities for members
and covered beneficiaries who require comprehensive health care services
that support medical readiness.
``(3) Medical centers shall consist of the following:
``(A) Inpatient and outpatient tertiary care facilities that
incorporate specialty and subspecialty care.
``(B) Graduate medical education programs.
``(C) Residency training programs.
``(D) Level one or level two trauma care capabilities.
[[Page 130 STAT. 2198]]
``(4) The Secretary may designate a medical center as a regional
center of excellence for unique and highly specialized health care
services, including with respect to polytrauma, organ transplantation,
and burn care.
``(c) Hospitals.--(1) The Secretary of Defense shall maintain
hospitals in areas where civilian health care facilities are unable to
support the health care needs of members of the armed forces and covered
beneficiaries.
``(2) Hospitals shall provide--
``(A) inpatient and outpatient health services to maintain
medical readiness; and
``(B) such other programs and functions as the Secretary
determines appropriate.
``(3) Hospitals shall consist of inpatient and outpatient care
facilities with limited specialty care that the Secretary determines--
``(A) is cost effective; or
``(B) is not available at civilian health care facilities in
the area of the hospital.
``(d) Ambulatory Care Centers.--(1) The Secretary of Defense shall
maintain ambulatory care centers in areas where civilian health care
facilities are able to support the health care needs of members of the
armed forces and covered beneficiaries.
``(2) Ambulatory care centers shall provide the outpatient health
services required to maintain medical readiness, including with respect
to partnerships established pursuant to section 706 of the National
Defense Authorization Act for Fiscal Year 2017.
``(3) Ambulatory care centers shall consist of outpatient care
facilities with limited specialty care that the Secretary determines--
``(A) is cost effective; or
``(B) is not available at civilian health care facilities in
the area of the ambulatory care center.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 702, <<NOTE: 10
USC 1071 prec.>> is further amended by inserting after the item
relating to section 1073c the following new item:
``1073d. Military medical treatment facilities.''.
(3) <<NOTE: 10 USC 1073d note.>> Satellite centers.--In
addition to the centers of excellence designated under section
1073d(b)(4) of title 10, United States Code, as added by
paragraph (1), the Secretary of Defense may establish satellite
centers of excellence to provide specialty care for certain
conditions, including with respect to--
(A) post-traumatic stress;
(B) traumatic brain injury; and
(C) such other conditions as the Secretary considers
appropriate.
(b) <<NOTE: 10 USC 1073d note.>> Exception.--In carrying out
section 1073d of title 10, United States Code, as added by subsection
(a)(1), the Secretary of Defense may not restructure or realign the
infrastructure of, or modify the health care services provided by, a
military medical treatment facility unless the Secretary determines
that, if such a restructure, realignment, or modification will eliminate
the ability of a covered beneficiary to access health care services at a
military medical treatment facility, the covered beneficiary will be
able to access such health care services through the purchased care
component of the TRICARE program.
[[Page 130 STAT. 2199]]
(c) Update of Study.--
(1) In general.--The Secretary of Defense, in collaboration
with the Secretaries of the military departments, shall update
the report described in paragraph (2) to address the
restructuring or realignment of military medical treatment
facilities pursuant to section 1073d of title 10, United States
Code, as added by subsection (a), including with respect to any
expansions or consolidations of such facilities.
(2) Report described.--The report described in this
paragraph is the Military Health System Modernization Study
dated May 29th, 2015, required by section 713(a)(2) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3414).
(3) Submission.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees the updated report under
paragraph (1).
(d) Implementation Plan.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees an implementation plan
to restructure or realign the military medical treatment
facilities pursuant to section 1073d of title 10, United States
Code, as added by subsection (a).
(2) Elements.--The implementation plan under paragraph (1)
shall include the following:
(A) With respect to each military medical treatment
facility--
(i) whether the facility will be realigned or
restructured under the plan;
(ii) whether the functions of such facility
will be expanded or consolidated;
(iii) the costs of such realignment or
restructuring;
(iv) a description of any changes to the
military and civilian personnel assigned to such
facility as of the date of the plan;
(v) a timeline for such realignment or
restructuring;
(vi) the justifications for such realignment
or restructuring, including an assessment of the
capacity of the civilian health care facilities
located near such facility;
(vii) a comprehensive assessment of the health
care services provided at the facility;
(viii) a description of the current
accessibility of covered beneficiaries to health
care services provided at the facility and
proposed modifications to that accessibility,
including with respect to types of services
provided;
(ix) a description of the current availability
of urgent care, emergent care, and specialty care
at the facility and in the TRICARE provider
network in the area in which the facility is
located, and proposed modifications to the
availability of such care;
(x) a description of the current level of
coordination between the facility and local health
care providers
[[Page 130 STAT. 2200]]
in the area in which the facility is located and
proposed modifications to such level of
coordination; and
(xi) a description of any unique challenges to
providing health care at the facility, with a
focus on challenges relating to rural, remote, and
insular areas, as appropriate.
(B) A description of the relocation of the graduate
medical education programs and the residency programs.
(C) A description of the plans to assist members of
the Armed Forces and covered beneficiaries with travel
and lodging, if necessary, in connection with the
receipt of specialty care services at regional centers
of excellence designated under subsection (b)(4) of such
section 1073d.
(D) A description of how the Secretary will carry
out subsection (b).
(3) GAO report.--Not later than 60 days after the date on
which the Secretary of Defense submits the report under
paragraph (1), the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a review of such report.
(e) <<NOTE: 10 USC 1073d note.>> Definitions.--In this section, the
terms ``covered beneficiary'' and ``TRICARE program'' have the meaning
given those terms in section 1072 of title 10, United States Code.
SEC. 704. ACCESS TO URGENT AND PRIMARY CARE UNDER TRICARE PROGRAM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1077 the following new section:
``Sec. 1077a. <<NOTE: 10 USC 1077a.>> Access to military medical
treatment facilities and other facilities
``(a) Urgent Care.--(1) The Secretary of Defense shall ensure that
military medical treatment facilities, at locations the Secretary
determines appropriate, provide urgent care services for members of the
armed forces and covered beneficiaries until 11:00 p.m. each day.
``(2) With respect to areas in which a military medical treatment
facility covered by paragraph (1) is not located, the Secretary shall
ensure that members of the armed forces and covered beneficiaries may
access urgent care clinics through the health care provider network
under the TRICARE program.
``(3) A covered beneficiary may access urgent care services without
the need for preauthorization for such services.
``(4) The Secretary shall--
``(A) publish information about changes in access to urgent
care under the TRICARE program--
``(i) on the primary publicly available Internet
website of the Department; and
``(ii) on the primary publicly available Internet
website of each military medical treatment facility; and
``(B) ensure that such information is made available on the
publicly available Internet website of each current managed care
support contractor that has established a health care provider
network under the TRICARE program.
``(b) Nurse Advice Line.--The Secretary shall ensure that the nurse
advice line of the Department directs covered beneficiaries seeking
access to care to the source of the most appropriate level
[[Page 130 STAT. 2201]]
of health care required to treat the medical conditions of the
beneficiaries, including urgent care services described in subsection
(a).
``(c) Primary Care Clinics.--(1) The Secretary shall ensure that
primary care clinics at military medical treatment facilities are
available for members of the armed forces and covered beneficiaries
between the hours determined appropriate under paragraph (2), including
with respect to expanded hours described in subparagraph (B) of such
paragraph.
``(2)(A) The Secretary shall determine the hours that each primary
care clinic at a military medical treatment facility is available for
members of the armed forces and covered beneficiaries based on--
``(i) the needs of the military medical treatment facility
to meet the access standards under the TRICARE Prime program;
and
``(ii) the primary care utilization patterns of members and
covered beneficiaries at such military medical treatment
facility.
``(B) The primary care clinic hours at a military medical treatment
facility determined under subparagraph (A) shall include expanded hours
beyond regular business hours during weekdays and the weekend if the
Secretary determines under such subparagraph that sufficient demand
exists at the military medical treatment facility for such expanded
primary care clinic hours.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 1071 prec.>> is amended by inserting after
the item relating to section 1077 the following new item:
``1077a. Access to military medical treatment facilities and other
facilities''.
(c) <<NOTE: 10 USC 1077a note.>> Implementation.--The Secretary of
Defense shall implement--
(1) subsection (a) of section 1077a of title 10, United
States Code, as added by subsection (a) of this section, by not
later than one year after the date of the enactment of this Act;
and
(2) subsection (c) of such section by not later than 180
days after the date of the enactment of this Act.
SEC. 705. <<NOTE: 10 USC 1073a note.>> VALUE-BASED PURCHASING AND
ACQUISITION OF MANAGED CARE SUPPORT
CONTRACTS FOR TRICARE PROGRAM.
(a) Value-based Health Care.--
(1) In general.--The Secretary of Defense shall develop and
implement value-based incentive programs as part of any contract
awarded under chapter 55 of title 10, United States Code, for
the provision of health care services to covered beneficiaries
to encourage health care providers under the TRICARE program
(including physicians, hospitals, and other persons and
facilities involved in providing such health care services) to
improve the following:
(A) The quality of health care provided to covered
beneficiaries under the TRICARE program.
(B) The experience of covered beneficiaries in
receiving health care under the TRICARE program.
(C) The health of covered beneficiaries.
(2) Value-based incentive programs.--
(A) Development.--In developing value-based
incentive programs under paragraph (1), the Secretary
shall--
[[Page 130 STAT. 2202]]
(i) link payments to health care providers
under the TRICARE program to improved performance
with respect to quality, cost, and reducing the
provision of inappropriate care;
(ii) consider the characteristics of the
population of covered beneficiaries affected by
the value-based incentive program;
(iii) consider how the value-based incentive
program would affect the receipt of health care
under the TRICARE program by such covered
beneficiaries;
(iv) establish or maintain an assurance that
such covered beneficiaries will have timely access
to health care during the operation of the value-
based incentive program;
(v) ensure that such covered beneficiaries do
not incur any additional costs by reason of the
value-based incentive program; and
(vi) consider such other factors as the
Secretary considers appropriate.
(B) Scope and metrics.--With respect to a value-
based incentive program developed and implemented under
paragraph (1), the Secretary shall ensure that--
(i) the size, scope, and duration of the
value-based incentive program is reasonable in
relation to the purpose of the value-based
incentive program; and
(ii) the value-based incentive program relies
on the core quality performance metrics adopted
pursuant to section 728.
(3) Use of existing models.--In developing a value-based
incentive program under paragraph (1), the Secretary may adapt a
value-based incentive program conducted by a TRICARE managed
care support contractor, the Centers for Medicare & Medicaid
Services, or any other Federal Government, State government, or
commercial health care program.
(b) Transfer of Contracting Responsibility.--With respect to the
acquisition of any managed care support contracts under the TRICARE
program initiated after the date of the enactment of this Act, the
Secretary of Defense shall transfer contracting responsibility for the
solicitation and award of such contracts from the Defense Health Agency
to the Office of the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(c) Acquisition of Contracts.--
(1) Strategy.--Not later than January 1, 2018, the Secretary
of Defense shall develop and implement a strategy to ensure that
managed care support contracts under the TRICARE program entered
into with private sector entities, other than overseas medical
support contracts--
(A) improve access to health care for covered
beneficiaries;
(B) improve health outcomes for covered
beneficiaries;
(C) improve the quality of health care received by
covered beneficiaries;
(D) enhance the experience of covered beneficiaries
in receiving health care; and
(E) lower per capita costs to the Department of
Defense of health care provided to covered
beneficiaries.
(2) Applicability of strategy.--
[[Page 130 STAT. 2203]]
(A) In general.--The strategy required by paragraph
(1) shall apply to all managed care support contracts
under the TRICARE program entered into with private
sector entities.
(B) Modification of contracts.--Contracts entered
into prior to the implementation of the strategy
required by paragraph (1) shall be modified to ensure
consistency with such strategy.
(3) Local, regional, and national health plans.--In
developing and implementing the strategy required by paragraph
(1), the Secretary shall ensure that local, regional, and
national health plans have an opportunity to participate in the
competition for managed care support contracts under the TRICARE
program.
(4) Continuous innovation.--The strategy required by
paragraph (1) shall include incentives for the incorporation of
innovative ideas and solutions into managed care support
contracts under the TRICARE program through the use of teaming
agreements, subcontracts, and other contracting mechanisms that
can be used to develop and continuously refresh high-performing
networks of health care providers at the national, regional, and
local level.
(5) Elements of strategy.--The strategy required by
paragraph (1) shall provide for the following with respect to
managed care support contracts under the TRICARE program:
(A) The maximization of flexibility in the design
and configuration of networks of individual and
institutional health care providers, including a focus
on the development of high-performing networks of health
care providers.
(B) The establishment of an integrated medical
management system between military medical treatment
facilities and health care providers in the private
sector that, when appropriate, effectively coordinates
and integrates health care across the continuum of care.
(C) With respect to telehealth services--
(i) the maximization of the use of such
services to provide real-time interactive
communications between patients and health care
providers and remote patient monitoring; and
(ii) the use of standardized payment methods
to reimburse health care providers for the
provision of such services.
(D) The use of value-based reimbursement
methodologies, including through the use of value-based
incentive programs under subsection (a), that transfer
financial risk to health care providers and managed care
support contractors.
(E) The use of financial incentives for contractors
and health care providers to receive an equitable share
in the cost savings to the Department resulting from
improvement in health outcomes for covered beneficiaries
and the experience of covered beneficiaries in receiving
health care.
(F) The use of incentives that emphasize prevention
and wellness for covered beneficiaries receiving health
care services from private sector entities to seek such
services from high-value health care providers.
[[Page 130 STAT. 2204]]
(G) The adoption of a streamlined process for
enrollment of covered beneficiaries to receive health
care and timely assignment of primary care managers to
covered beneficiaries.
(H) The elimination of the requirement for a
referral to be authorized prior receiving specialty care
services at a facility of the Department of Defense or
through the TRICARE program.
(I) The use of incentives to encourage covered
beneficiaries to participate in medical and lifestyle
intervention programs.
(6) Rural, remote, and isolated areas.--In developing and
implementing the strategy required by paragraph (1), the
Secretary shall--
(A) assess the unique characteristics of providing
health care services in Alaska, Hawaii, and the
territories and possessions of the United States, and in
rural, remote, or isolated locations in the contiguous
48 States;
(B) consider the various challenges inherent in
developing robust networks of health care providers in
those locations;
(C) develop a provider reimbursement rate structure
in those locations that ensures--
(i) timely access of covered beneficiaries to
health care services;
(ii) the delivery of high-quality primary and
specialty care;
(iii) improvement in health outcomes for
covered beneficiaries; and
(iv) an enhanced experience of care for
covered beneficiaries; and
(D) ensure that managed care support contracts under
the TRICARE program in those locations will--
(i) establish individual and institutional
provider networks that will provide timely access
to care for covered beneficiaries, including
pursuant to such networks relating to an Indian
tribe or tribal organization that is party to the
Alaska Native Health Compact with the Indian
Health Service or has entered into a contract with
the Indian Health Service to provide health care
in rural Alaska or other locations in the United
States; and
(ii) deliver high-quality care, better health
outcomes, and a better experience of care for
covered beneficiaries.
(d) Report Prior to Certain Contract Modifications.--Not later than
60 days before the date on which the Secretary of Defense first modifies
a contract awarded under chapter 55 of title 10, United States Code, to
implement a value-based incentive program under subsection (a), or the
managed care support contract acquisition strategy under subsection (c),
the Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on any implementation
plan of the Secretary with respect to such value-based incentive program
or managed care support contract acquisition strategy.
(e) Comptroller General Report.--
[[Page 130 STAT. 2205]]
(1) In general.--Not later than 180 days after the date on
which the Secretary submits the report under subsection (d), 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 that assesses the compliance of the
Secretary of Defense with the requirements of subsection (a) and
subsection (c).
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) Whether the approach of the Department of
Defense for acquiring managed care support contracts
under the TRICARE program--
(i) improves access to care;
(ii) improves health outcomes;
(iii) improves the experience of care for
covered beneficiaries; and
(iv) lowers per capita health care costs.
(B) Whether the Department has, in its requirements
for managed care support contracts under the TRICARE
program, allowed for--
(i) maximum flexibility in network design and
development;
(ii) integrated medical management between
military medical treatment facilities and network
providers;
(iii) the maximum use of the full range of
telehealth services;
(iv) the use of value-based reimbursement
methods that transfer financial risk to health
care providers and managed care support
contractors;
(v) the use of prevention and wellness
incentives to encourage covered beneficiaries to
seek health care services from high-value
providers;
(vi) a streamlined enrollment process and
timely assignment of primary care managers;
(vii) the elimination of the requirement to
seek authorization for referrals for specialty
care services;
(viii) the use of incentives to encourage
covered beneficiaries to engage in medical and
lifestyle intervention programs; and
(ix) the use of financial incentives for
contractors and health care providers to receive
an equitable share in cost savings resulting from
improvements in health outcomes and the experience
of care for covered beneficiaries.
(C) Whether the Department has considered, in
developing requirements for managed care support
contracts under the TRICARE program, the following:
(i) The unique characteristics of providing
health care services in Alaska, Hawaii, and the
territories and possessions of the United States,
and in rural, remote, or isolated locations in the
contiguous 48 States;
(ii) The various challenges inherent in
developing robust networks of health care
providers in those locations.
[[Page 130 STAT. 2206]]
(iii) A provider reimbursement rate structure
in those locations that ensures--
(I) timely access of covered
beneficiaries to health care services;
(II) the delivery of high-quality
primary and specialty care;
(III) improvement in health outcomes
for covered beneficiaries; and
(IV) an enhanced experience of care
for covered beneficiaries.
(f) Definitions.--In this section:
(1) The terms ``covered beneficiary'' and ``TRICARE
program'' have the meaning given those terms in section 1072 of
title 10, United States Code.
(2) The term ``high-performing networks of health care
providers'' means networks of health care providers that, in
addition to such other requirements as the Secretary of Defense
may specify for purposes of this section, do the following:
(A) Deliver high quality health care as measured by
leading health quality measurement organizations such as
the National Committee for Quality Assurance and the
Agency for Healthcare Research and Quality.
(B) Achieve greater efficiency in the delivery of
health care by identifying and implementing within such
network improvement opportunities that guide patients
through the entire continuum of care, thereby reducing
variations in the delivery of health care and preventing
medical errors and duplication of medical services.
(C) Improve population-based health outcomes by
using a team approach to deliver case management,
prevention, and wellness services to high-need and high-
cost patients.
(D) Focus on preventive care that emphasizes--
(i) early detection and timely treatment of
disease;
(ii) periodic health screenings; and
(iii) education regarding healthy lifestyle
behaviors.
(E) Coordinate and integrate health care across the
continuum of care, connecting all aspects of the health
care received by the patient, including the patient's
health care team.
(F) Facilitate access to health care providers,
including--
(i) after-hours care;
(ii) urgent care; and
(iii) through telehealth appointments, when
appropriate.
(G) Encourage patients to participate in making
health care decisions.
(H) Use evidence-based treatment protocols that
improve the consistency of health care and eliminate
ineffective, wasteful health care practices.
SEC. 706. <<NOTE: 10 USC 1096 note.>> ESTABLISHMENT OF HIGH
PERFORMANCE MILITARY-CIVILIAN INTEGRATED
HEALTH DELIVERY SYSTEMS.
(a) In General.--Not later than January 1, 2018, the Secretary of
Defense shall establish military-civilian integrated health
[[Page 130 STAT. 2207]]
delivery systems through partnerships with other health systems,
including local or regional health systems in the private sector--
(1) to improve access to health care for covered
beneficiaries;
(2) to enhance the experience of covered beneficiaries in
receiving health care;
(3) to improve health outcomes for covered beneficiaries;
(4) to share resources between the Department of Defense and
the private sector, including such staff, equipment, and
training assets as may be required to carry out such integrated
health delivery systems;
(5) to maintain services within military treatment
facilities that are essential for the maintenance of operational
medical force readiness skills of health care providers of the
Department; and
(6) to provide members of the Armed Forces with additional
training opportunities to maintain such readiness skills.
(b) Elements of Systems.--Each military-civilian integrated health
delivery system established under subsection (a) shall--
(1) deliver high quality health care as measured by leading
national health quality measurement organizations;
(2) achieve greater efficiency in the delivery of health
care by identifying and implementing within each such system
improvement opportunities that guide patients through the entire
continuum of care, thereby reducing variations in the delivery
of health care and preventing medical errors and duplication of
medical services;
(3) improve population-based health outcomes by using a team
approach to deliver case management, prevention, and wellness
services to high-need and high-cost patients;
(4) focus on preventive care that emphasizes--
(A) early detection and timely treatment of disease;
(B) periodic health screenings; and
(C) education regarding healthy lifestyle behaviors;
(5) coordinate and integrate health care across the
continuum of care, connecting all aspects of the health care
received by the patient, including the patient's health care
team;
(6) facilitate access to health care providers, including--
(A) after-hours care;
(B) urgent care; and
(C) through telehealth appointments, when
appropriate;
(7) encourage patients to participate in making health care
decisions;
(8) use evidence-based treatment protocols that improve the
consistency of health care and eliminate ineffective, wasteful
health care practices; and
(9) improve coordination of behavioral health services with
primary health care.
(c) Agreements.--
(1) In general.--In establishing military-civilian
integrated health delivery systems through partnerships under
subsection (a), the Secretary shall seek to enter into memoranda
of understanding or contracts between military treatment
facilities and health maintenance organizations, health care
centers of excellence, public or private academic medical
institutions,
[[Page 130 STAT. 2208]]
regional health organizations, integrated health systems,
accountable care organizations, and such other health systems as
the Secretary considers appropriate.
(2) Private sector care.--Memoranda of understanding and
contracts entered into under paragraph (1) shall ensure that
covered beneficiaries are eligible to enroll in and receive
medical services under the private sector components of
military-civilian integrated health delivery systems established
under subsection (a).
(3) Value-based reimbursement methodologies.--The Secretary
shall incorporate value-based reimbursement methodologies, such
as capitated payments, bundled payments, or pay for performance,
into memoranda of understanding and contracts entered into under
paragraph (1) to reimburse entities for medical services
provided to covered beneficiaries under such memoranda of
understanding and contracts.
(4) Quality of care.--Each memorandum of understanding or
contract entered into under paragraph (1) shall ensure that the
quality of services received by covered beneficiaries through a
military-civilian integrated health delivery system under such
memorandum of understanding or contract is at least comparable
to the quality of services received by covered beneficiaries
from a military treatment facility.
(d) Covered Beneficiary Defined.--In this section, the term
``covered beneficiary'' has the meaning given that term in section 1072
of title 10, United States Code.
SEC. 707. <<NOTE: 10 USC 1071 note.>> JOINT TRAUMA SYSTEM.
(a) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate an implementation plan to
establish a Joint Trauma System within the Defense Health Agency
that promotes improved trauma care to members of the Armed
Forces and other individuals who are eligible to be treated for
trauma at a military medical treatment facility.
(2) Implementation.--The Secretary shall implement the plan
under paragraph (1) after a 90-day period has elapsed following
the date on which the Comptroller General of the United States
is required to submit to the Committees on Armed Services of the
House of Representatives and the Senate the review under
subsection (c). In implementing such plan, the Secretary shall
take into account any recommendation made by the Comptroller
General under such review.
(b) Elements.--The Joint Trauma System described in subsection
(a)(1) shall include the following elements:
(1) Serve as the reference body for all trauma care provided
across the military health system.
(2) Establish standards of care for trauma services provided
at military medical treatment facilities.
(3) Coordinate the translation of research from the centers
of excellence of the Department of Defense into standards of
clinical trauma care.
(4) Coordinate the incorporation of lessons learned from the
trauma education and training partnerships pursuant to section
708 into clinical practice.
[[Page 130 STAT. 2209]]
(c) Review.--Not later than 180 days after the date on which the
Secretary submits to the Committees on Armed Services of the House of
Representatives and the Senate the implementation plan under subsection
(a)(1), the Comptroller General of the United States shall submit to
such committees a review of such plan to determine if each element under
subsection (b) is included in such plan.
(d) Review of Military Trauma System.--In establishing a Joint
Trauma System, the Secretary of Defense may seek to enter into an
agreement with a non-governmental entity with subject matter experts
to--
(1) conduct a system-wide review of the military trauma
system, including a comprehensive review of combat casualty care
and wartime trauma systems during the period beginning on
January 1, 2001, and ending on the date of the review, including
an assessment of lessons learned to improve combat casualty care
in future conflicts; and
(2) make publicly available a report containing such review
and recommendations to establish a comprehensive trauma system
for the Armed Forces.
SEC. 708. <<NOTE: 10 USC 1071 note.>> JOINT TRAUMA EDUCATION AND
TRAINING DIRECTORATE.
(a) Establishment.--The Secretary of Defense shall establish a Joint
Trauma Education and Training Directorate (in this section referred to
as the ``Directorate'') to ensure that the traumatologists of the Armed
Forces maintain readiness and are able to be rapidly deployed for future
armed conflicts. The Secretary shall carry out this section in
collaboration with the Secretaries of the military departments.
(b) Duties.--The duties of the Directorate are as follows:
(1) To enter into and coordinate the partnerships under
subsection (c).
(2) To establish the goals of such partnerships necessary
for trauma teams led by traumatologists to maintain professional
competency in trauma care.
(3) To establish metrics for measuring the performance of
such partnerships in achieving such goals.
(4) To develop methods of data collection and analysis for
carrying out paragraph (3).
(5) To communicate and coordinate lessons learned from such
partnerships with the Joint Trauma System established under
section 707.
(6) To develop standardized combat casualty care instruction
for all members of the Armed Forces, including the use of
standardized trauma training platforms.
(7) To develop a comprehensive trauma care registry to
compile relevant data from point of injury through
rehabilitation of members of the Armed Forces.
(8) To develop quality of care outcome measures for combat
casualty care.
(9) To direct the conduct of research on the leading causes
of morbidity and mortality of members of the Armed Forces in
combat.
(c) Partnerships.--
(1) In general.--The Secretary may enter into partnerships
with civilian academic medical centers and large metropolitan
teaching hospitals that have level I civilian trauma
[[Page 130 STAT. 2210]]
centers to provide integrated combat trauma teams, including
forward surgical teams, with maximum exposure to a high volume
of patients with critical injuries.
(2) Trauma teams.--Under the partnerships entered into with
civilian academic medical centers and large metropolitan
teaching hospitals under paragraph (1), trauma teams of the
Armed Forces led by traumatologists of the Armed Forces shall
embed within the trauma centers of the medical centers and
hospitals on an enduring basis.
(3) Selection.--The Secretary shall select civilian academic
medical centers and large metropolitan teaching hospitals to
enter into partnerships under paragraph (1) based on patient
volume, acuity, and other factors the Secretary determines
necessary to ensure that the traumatologists of the Armed Forces
and the associated clinical support teams have adequate and
continuous exposure to critically injured patients.
(4) Consideration.--In entering into partnerships under
paragraph (1), the Secretary may consider the experiences and
lessons learned by the military departments that have entered
into memoranda of understanding with civilian medical centers
for trauma care.
(d) Personnel Management Plan.--
(1) Plan.--The Secretary shall establish a personnel
management plan for the following wartime medical specialties:
(A) Emergency medical services and prehospital care.
(B) Trauma surgery.
(C) Critical care.
(D) Anesthesiology.
(E) Emergency medicine.
(F) Other wartime medical specialties the Secretary
determines appropriate for purposes of the plan.
(2) Elements.--The elements of the plan established under
paragraph (1) shall include, at a minimum, the following:
(A) An accession plan for the number of qualified
medical personnel to maintain wartime medical
specialties on an annual basis in order to maintain the
required number of trauma teams as determined by the
Secretary.
(B) The number of positions required in each such
medical specialty.
(C) Crucial organizational and operational
assignments for personnel in each such medical
specialty.
(D) Career pathways for personnel in each such
medical specialty.
(3) Implementation.--The Secretaries of the military
departments shall carry out the plan established under paragraph
(1).
(e) Implementation Plan.--Not later than July 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 for
establishing the Joint Trauma Education and Training Directorate under
subsection (a), entering into partnerships under subsection (c), and
establishing the plan under subsection (d).
(f) Level I Civilian Trauma Center Defined.--In this section, the
term ``level I civilian trauma center'' means a comprehensive regional
resource that is a tertiary care facility central to the
[[Page 130 STAT. 2211]]
trauma system and is capable of providing total care for every aspect of
injury from prevention through rehabilitation.
SEC. 709. <<NOTE: 10 USC 1071 note.>> STANDARDIZED SYSTEM FOR
SCHEDULING MEDICAL APPOINTMENTS AT
MILITARY TREATMENT FACILITIES.
(a) Standardized System.--
(1) In general.--Not later than January 1, 2018, the
Secretary of Defense shall implement a system for scheduling
medical appointments at military treatment facilities that is
standardized throughout the military health system to enable
timely access to care for covered beneficiaries.
(2) Lack of variance.--The system implemented under
paragraph (1) shall ensure that the appointment scheduling
processes and procedures used within the military health system
do not vary among military treatment facilities.
(b) Sole System.--Upon implementation of the system under subsection
(a), no military treatment facility may use an appointment scheduling
process other than such system.
(c) Scheduling of Appointments.--
(1) In general.--Under the system implemented under
subsection (a), each military treatment facility shall use a
centralized appointment scheduling capability for covered
beneficiaries that includes the ability to schedule appointments
manually via telephone as described in paragraph (2) or
automatically via a device that is connected to the Internet
through an online scheduling system described in paragraph (3).
(2) Telephone appointment process.--
(A) In general.--In the case of a covered
beneficiary who contacts a military treatment facility
via telephone to schedule an appointment under the
system implemented under subsection (a), the Secretary
shall implement standard processes to ensure that the
needs of the covered beneficiary are met during the
first such telephone call.
(B) Matters included.--The standard processes
implemented under subparagraph (A) shall include the
following:
(i) The ability of a covered beneficiary,
during the telephone call to schedule an
appointment, to also schedule wellness visits or
follow-up appointments during the 180-day period
beginning on the date of the request for the visit
or appointment.
(ii) The ability of a covered beneficiary to
indicate the process through which the covered
beneficiary prefers to be reminded of future
appointments, which may include reminder telephone
calls, emails, or cellular text messages to the
covered beneficiary at specified intervals prior
to appointments.
(3) Online system.--
(A) In general.--The Secretary shall implement an
online scheduling system that is available 24 hours per
day, seven days per week, for purposes of scheduling
appointments under the system implemented under
subsection (a).
(B) Capabilities of online system.--The online
scheduling system implemented under subparagraph (A)
shall have the following capabilities:
[[Page 130 STAT. 2212]]
(i) An ability to send automated email and
text message reminders, including repeat
reminders, to patients regarding upcoming
appointments.
(ii) An ability to store appointment records
to ensure rapid access by medical personnel to
appointment data.
(d) Standards for Productivity of Health Care Providers.--
(1) In general.--The Secretary shall implement standards for
the productivity of health care providers at military treatment
facilities.
(2) Matters considered.--In developing standards under
paragraph (1), the Secretary shall consider--
(A) civilian benchmarks for measuring the
productivity of health care providers;
(B) the optimal number of medical appointments for
each health care provider that would be required, as
determined by the Secretary, to maintain access of
covered beneficiaries to health care from the
Department; and
(C) the readiness requirements of the Armed Forces.
(e) Plan.--
(1) In general.--Not later than January 1, 2017, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a comprehensive plan
to implement the system required under subsection (a).
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A description of the manual appointment process
to be used at military treatment facilities under the
system required under subsection (a).
(B) A description of the automated appointment
process to be used at military treatment facilities
under such system.
(C) A timeline for the full implementation of such
system throughout the military health system.
(f) Briefing.--Not later than February 1, 2018, the Secretary shall
brief the Committees on Armed Services of the Senate and the House of
Representatives on the implementation of the system required under
subsection (a) and the standards for the productivity of health care
providers required under subsection (d).
(g) Report on Missed Appointments.--
(1) In general.--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
on the total number of medical appointments at military
treatment facilities for which a covered beneficiary failed to
appear without prior notification during the one-year period
preceding the submittal of the report.
(2) Elements.--Each report under paragraph (1) shall include
for each military treatment facility the following:
(A) An identification of the top five reasons for a
covered beneficiary missing an appointment.
(B) A comparison of the number of missed
appointments for specialty care versus primary care.
(C) An estimate of the cost to the Department of
Defense of missed appointments.
[[Page 130 STAT. 2213]]
(D) An assessment of strategies to reduce the number
of missed appointments.
(h) Covered Beneficiary Defined.--In this section, the term
``covered beneficiary'' has the meaning given that term in section 1072
of title 10, United States Code.
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.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076e the following new section:
``Sec. 1076f. <<NOTE: 10 USC 1076f.>> TRICARE program: extension
of coverage for certain members of the
National Guard and dependents during certain
disaster response duty
``(a) Extended Coverage.--During a period in which a member of the
National Guard is performing disaster response duty, the member may be
treated as being on active duty for a period of more than 30 days for
purposes of the eligibility of the member and dependents of the member
for health care benefits under the TRICARE program if such period
immediately follows a period in which the member served on full-time
National Guard duty under section 502(f) of title 32, including pursuant
to chapter 9 of such title, unless the Governor of the State (or, with
respect to the District of Columbia, the mayor of the District of
Columbia) determines that such extended eligibility is not in the best
interest of the member or the State.
``(b) Contribution by State.--(1) The Secretary shall charge a State
for the costs of providing coverage under the TRICARE program to members
of the National Guard of the State and the dependents of the members
pursuant to subsection (a). Such charges shall be paid from the funds of
the State or from any other non-Federal funds.
``(2) Any amounts received by the Secretary under paragraph (1)
shall be credited to the appropriation available for the Defense Health
Program Account under section 1100 of this title, shall be merged with
sums in such Account that are available for the fiscal year in which
collected, and shall be available under subsection (b) of such section,
including to carry out subsection (a) of this section.
``(c) Definitions.--In this section:
``(1) The term `disaster response duty' means duty performed
by a member of the National Guard in State status pursuant to an
emergency declaration by the Governor of the State (or, with
respect to the District of Columbia, the mayor of the District
of Columbia) in response to a disaster or in preparation for an
imminent disaster.
``(2) The term `State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States.''.
[[Page 130 STAT. 2214]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 1071 prec.>> is amended by inserting after
the item relating to section 1076e the following new item:
``1076f. TRICARE program: extension of coverage for certain members of
the National Guard and dependents during certain disaster
response duty.''.
SEC. 712. CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE
COMPONENTS.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study of options for providing health care coverage that
improves the continuity of health care provided to current and
former members of the Selected Reserve of the Ready Reserve who
are not--
(A) serving on active duty;
(B) eligible for the Transitional Assistance
Management Program under section 1145 of title 10,
United States Code; or
(C) eligible for the Federal Employees Health
Benefit Program.
(2) Elements.--The study under paragraph (1) shall address
the following:
(A) Whether to allow current and former members of
the Selected Reserve to participate in the Federal
Employees Health Benefit Program.
(B) Whether to pay a stipend to current and former
members to continue coverage in a health plan obtained
by the member.
(C) Whether to allow current and former members to
participate in the TRICARE program under section 1076d
of title 10, United States Code.
(D) Whether to amend section 1076f of title 10,
United States Code, as added by section 711, to require
the extension of TRICARE program coverage for members of
the National Guard assigned to Homeland Response Force
Units mobilized for a State emergency pursuant to
chapter 9 of title 32, United States Code.
(E) The findings and recommendations under section
748.
(F) Any other options for providing health care
coverage to current and former members of the Selected
Reserve the Secretary considers appropriate.
(3) Consultation.--In carrying out the study under paragraph
(1), the Secretary shall consult with, and obtain the opinions
of, current and former members of the Selected Reserve,
including the leadership of the Selected Reserve.
(4) Submission.--
(A) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the
study under paragraph (1).
(B) Matters included.--The report under subparagraph
(A) shall include the following:
(i) A description of the health care coverage
options addressed by the Secretary under paragraph
(2).
[[Page 130 STAT. 2215]]
(ii) Identification of such health care
coverage option that the Secretary recommends as
the best option.
(iii) The justifications for such recommended
best option.
(iv) The number and proportion of the current
and former members of the Selected Reserve
projected to participate in such recommended best
option.
(v) A determination of the appropriate cost
sharing for such recommended best option with
respect to the percentage contribution as a
monthly premium for current members of the
Selected Reserve.
(vi) An estimate of the cost of implementing
such recommended best option.
(vii) Any legislative language required to
implement such recommended best option.
(b) <<NOTE: 10 USC 1076d note.>> Pilot Program.--
(1) Authorization.--The Secretary of Defense and the
Director may jointly carry out a pilot program, at the election
of the Secretary, under which the Director provides commercial
health insurance coverage to eligible reserve component members
who enroll in a health benefits plan under paragraph (4) as an
individual, for self plus one coverage, or for self and family
coverage.
(2) Elements.--The pilot program shall--
(A) provide for enrollment by eligible reserve
component members, at the election of the member, in a
health benefits plan under paragraph (4) during an open
enrollment period established by the Director for
purposes of this subsection;
(B) include a variety of national and regional
health benefits plans that--
(i) meet the requirements of this subsection;
(ii) are broadly representative of the health
benefits plans available in the commercial market;
and
(iii) do not contain unnecessary restrictions,
as determined by the Director; and
(C) offer a sufficient number of health benefits
plans in order to provide eligible reserve component
beneficiaries with an ample choice of health benefits
plans, as determined by the Director.
(3) Duration.--If the Secretary elects to carry out the
pilot program, the Secretary and the Director shall carry out
the pilot program for not less than five years.
(4) Health benefits plans.--
(A) In general.--In providing health insurance
coverage under the pilot program, the Director shall
contract with qualified carriers for a variety of health
benefits plans.
(B) Description of plans.--Health benefits plans
contracted for under this subsection--
(i) may vary by type of plan design, covered
benefits, geography, and price;
(ii) shall include maximum limitations on out-
of-pocket expenses paid by an eligible reserve
component beneficiary for the health care
provided; and
(iii) may not exclude an eligible reserve
component member who chooses to enroll.
[[Page 130 STAT. 2216]]
(C) Quality of plans.--The Director shall ensure
that each health benefits plan offered under this
subsection offers a high degree of quality, as
determined by criteria that include--
(i) access to an ample number of medical
providers, as determined by the Director;
(ii) adherence to industry-accepted quality
measurements, as determined by the Director;
(iii) access to benefits described in
paragraph (5), including ease of referral for
health care services; and
(iv) inclusion in the services covered by the
plan of advancements in medical treatments and
technology as soon as practicable in accordance
with generally accepted standards of medicine.
(5) Benefits.--A health benefits plan offered by the
Director under this subsection shall include, at a minimum, the
following benefits:
(A) The health care benefits provided under chapter
55 of title 10, United States Code, excluding
pharmaceutical, dental, and extended health care option
benefits.
(B) Such other benefits as the Director determines
appropriate.
(6) Care at facilities of uniformed services.--
(A) In general.--If an eligible reserve component
beneficiary receives benefits described in paragraph (5)
at a facility of the uniformed services, the health
benefits plan under which the beneficiary is covered
shall be treated as a third-party payer under section
1095 of title 10, United States Code, and shall pay
charges for such benefits as determined by the
Secretary.
(B) Military medical treatment facilities.--The
Secretary, in consultation with the Director--
(i) may contract with qualified carriers with
which the Director has contracted under paragraph
(4) to provide health insurance coverage for
health care services provided at military
treatment facilities under this subsection; and
(ii) may receive payments under section 1095
of title 10, United States Code, from qualified
carriers for health care services provided at
military medical treatment facilities under this
subsection.
(7) Special rule relating to active duty period.--
(A) In general.--An eligible reserve component
member may not receive benefits under a health benefits
plan under this subsection during any period in which
the member is serving on active duty for more than 30
days.
(B) Treatment of dependents.--Subparagraph (A) does
not affect the coverage under a health benefits plan of
any dependent of an eligible reserve component member.
(8) Eligibility for federal employees health benefits
program.--An individual is not eligible to enroll in or be
covered under a health benefits plan under this subsection if
the individual is eligible to enroll in a health benefits plan
under the Federal Employees Health Benefits Program.
(9) Cost sharing.--
(A) Responsibility for payment.--
[[Page 130 STAT. 2217]]
(i) In general.--Except as provided in clause
(ii), an eligible reserve component member shall
pay an annual premium amount calculated under
subparagraph (B) for coverage under a health
benefits plan under this subsection and additional
amounts described in subparagraph (C) for health
care services in connection with such coverage.
(ii) Active duty period.--
(I) In general.--During any period
in which an eligible reserve component
member is serving on active duty for
more than 30 days, the eligible reserve
component member is not responsible for
paying any premium amount under
subparagraph (B) or additional amounts
under subparagraph (C).
(II) Coverage of dependents.--With
respect to a dependent of an eligible
reserve component member that is covered
under a health benefits plan under this
subsection, during any period described
in subclause (I) with respect to the
member, the Secretary shall, on behalf
of the dependent, pay 100 percent of the
total annual amount of a premium for
coverage of the dependent under the plan
and such cost-sharing amounts as may be
applicable under the plan.
(B) Premium amount.--
(i) In general.--The annual premium calculated
under this subparagraph is an amount equal to 28
percent of the total annual amount of a premium
under the health benefits plan selected.
(ii) Types of coverage.--The premium amounts
calculated under this subparagraph shall include
separate calculations for--
(I) coverage as an individual;
(II) self plus one coverage; and
(III) self and family coverage.
(C) Additional amounts.--The additional amounts
described in this subparagraph with respect to an
eligible reserve component member are such cost-sharing
amounts as may be applicable under the health benefits
plan under which the member is covered.
(10) Contracting.--
(A) In general.--In contracting for health benefits
plans under paragraph (4), the Director may contract
with qualified carriers in a manner similar to the
manner in which the Director contracts with carriers
under section 8902 of title 5, United States Code,
including that--
(i) a contract under this subsection shall be
for a uniform term of not less than one year, but
may be made automatically renewable from term to
term in the absence of notice of termination by
either party;
(ii) a contract under this subsection shall
contain a detailed statement of benefits offered
and shall include such maximums, limitations,
exclusions, and other definitions of benefits
determined by the Director in accordance with
paragraph (5);
(iii) a contract under this subsection shall
ensure that an eligible reserve component member
who is
[[Page 130 STAT. 2218]]
eligible to enroll in a health benefits plan
pursuant to such contract is able to enroll in
such plan; and
(iv) the terms of a contract under this
subsection relating to the nature, provision, or
extent of coverage or benefits (including payments
with respect to benefits) shall supersede and
preempt any conflicting State or local law.
(B) Evaluation of financial solvency.--The Director
shall perform a thorough evaluation of the financial
solvency of an insurance carrier before entering into a
contract with the insurance carrier under subparagraph
(A).
(11) Recommendations and data.--
(A) In general.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security,
shall provide recommendations and data to the Director
with respect to--
(i) matters involving military medical
treatment facilities;
(ii) matters unique to eligible reserve
component members and dependents of such members;
and
(iii) such other strategic guidance necessary
for the Director to administer this subsection as
the Secretary of Defense, in consultation with the
Secretary of Homeland Security, considers
appropriate.
(B) Limitation on implementation.--The Director
shall not implement any recommendation provided by the
Secretary of Defense under subparagraph (A) if the
Director determines that the implementation of the
recommendation would result in eligible reserve
components beneficiaries receiving less generous health
benefits under this subsection than the health benefits
commonly available to individuals under the Federal
Employees Health Benefits Program during the same
period.
(12) Transmission of information.--On an annual basis during
each year in which the pilot program is carried out, the
Director shall provide the Secretary with information on the use
of health care benefits under the pilot program, including--
(A) the number of eligible reserve component
beneficiaries participating in the pilot program, listed
by the health benefits plan under which the beneficiary
is covered;
(B) the number of health benefits plans offered
under the pilot program and a description of each such
plan; and
(C) the costs of the health care provided under the
plans.
(13) Funding.--
(A) In general.--The Secretary of Defense and the
Director shall jointly establish an appropriate
mechanism to fund the pilot program.
(B) Availability of amounts.--Amounts shall be made
available to the Director pursuant to the mechanism
established under subparagraph (A), without fiscal year
limitation--
(i) for payments to health benefits plans
under this subsection; and
[[Page 130 STAT. 2219]]
(ii) to pay the costs of administering this
subsection.
(14) Reports.--
(A) Initial reports.--Not later than one year after
the date on which the Secretary establishes the pilot
program, and annually thereafter for the following three
years, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the pilot program.
(B) Matters included.--The report under subparagraph
(A) shall include, with respect to the year covered by
the report, the following:
(i) The number of eligible reserve component
beneficiaries participating in the pilot program,
listed by the health benefits plan under which the
beneficiary is covered.
(ii) The number of health benefits plans
offered under the pilot program.
(iii) The cost of the pilot program to the
Department of Defense.
(iv) The estimated cost savings, if any, to
the Department of Defense.
(v) The average cost to the eligible reserve
component beneficiary.
(vi) The effect of the pilot program on the
medical readiness of the members of the reserve
components.
(vii) The effect of the pilot program on
access to health care for members of the reserve
components.
(C) Final report.--Not later than 180 days before
the date on which the pilot program will terminate
pursuant to paragraph (3), the Secretary shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot program
that includes--
(i) the matters specified under subparagraph
(B); and
(ii) the recommendation of the Secretary
regarding whether to make the pilot program
permanent or to terminate the pilot program.
(c) Definitions.--In this section:
(1) The term ``Director'' means the Director of the Office
of Personnel Management.
(2) The term ``eligible reserve component beneficiary''
means an eligible reserve component member enrolled in, or a
dependent of such a member described in subparagraph (A), (D),
or (I) of section 1072(2) of title 10, United States Code,
covered under, a health benefits plan under subsection (b).
(3) The term ``eligible reserve component member'' means a
member of the Selected Reserve of the Ready Reserve of an Armed
Force.
(4) The term ``extended health care option'' means the
program of extended benefits under subsections (d) and (e) of
section 1079 of title 10, United States Code.
(5) The term ``Federal Employees Health Benefits Program''
means the health insurance program under chapter 89 of title 5,
United States Code.
[[Page 130 STAT. 2220]]
(6) The term ``qualified carrier'' means an insurance
carrier that is licensed to issue group health insurance in any
State, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam,
and any territory or possession of the United States.
SEC. 713. PROVISION OF HEARING AIDS TO DEPENDENTS OF RETIRED
MEMBERS.
Section 1077 of title 10, United States Code, is amended--
(1) in subsection (a)(16), by striking ``A hearing aid'' and
inserting ``Except as provided by subsection (g), a hearing
aid''; and
(2) by adding at the end the following new subsection:
``(g) In addition to the authority to provide a hearing aid under
subsection (a)(16), hearing aids may be sold under this section to
dependents of former members of the uniformed services at cost to the
United States.''.
SEC. 714. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR
CERTAIN CONDITIONS UNDER THE TRICARE
PROGRAM.
(a) In General.--Section 1077 of title 10, United States Code, as
amended by section 713, is further amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting before the period
at the end the following: ``, including, in accordance
with subsection (g), medically necessary vitamins''; and
(B) by adding at the end the following new
paragraph:
``(18) In accordance with subsection (g), medically
necessary food and the medical equipment and supplies necessary
to administer such food (other than durable medical equipment
and supplies).''; and
(2) by adding at the end the following new subsection:
``(h)(1) Vitamins that may be provided under subsection (a)(3) are
vitamins used for the management of a covered disease or condition
pursuant to the prescription, order, or recommendation (as applicable)
of a physician or other health care professional qualified to make such
prescription, order, or recommendation.
``(2) Medically necessary food that may be provided under subsection
(a)(18)--
``(A) is food, including a low protein modified food product
or an amino acid preparation product, that is--
``(i) furnished pursuant to the prescription, order,
or recommendation (as applicable) of a physician or
other health care professional qualified to make such
prescription, order, or recommendation, for the dietary
management of a covered disease or condition;
``(ii) a specially formulated and processed product
(as opposed to a naturally occurring foodstuff used in
its natural state) for the partial or exclusive feeding
of an individual by means of oral intake or enteral
feeding by tube;
``(iii) intended for the dietary management of an
individual who, because of therapeutic or chronic
medical needs, has limited or impaired capacity to
ingest, digest, absorb, or metabolize ordinary
foodstuffs or certain nutrients, or who has other
special medically determined nutrient requirements, the
dietary management of which
[[Page 130 STAT. 2221]]
cannot be achieved by the modification of the normal
diet alone;
``(iv) intended to be used under medical
supervision, which may include in a home setting; and
``(v) intended only for an individual receiving
active and ongoing medical supervision under which the
individual requires medical care on a recurring basis
for, among other things, instructions on the use of the
food; and
``(B) may not include--
``(i) food taken as part of an overall diet designed
to reduce the risk of a disease or medical condition or
as weight-loss products, even if the food is recommended
by a physician or other health care professional;
``(ii) food marketed as gluten-free for the
management of celiac disease or non-celiac gluten
sensitivity;
``(iii) food marketed for the management of
diabetes; or
``(iv) such other products as the Secretary
determines appropriate.
``(3) In this subsection, the term `covered disease or condition'
means--
``(A) inborn errors of metabolism;
``(B) medical conditions of malabsorption;
``(C) pathologies of the alimentary tract or the
gastrointestinal tract;
``(D) a neurological or physiological condition; and
``(E) such other diseases or conditions the Secretary
determines appropriate.''.
(b) <<NOTE: 10 USC 1077 note.>> Effective Date.--The amendments
made by subsection (a) shall apply to health care provided under chapter
55 of such title on or after the date that is one year after the date of
the enactment of this Act.
SEC. 715. ELIGIBILITY OF CERTAIN BENEFICIARIES UNDER THE TRICARE
PROGRAM FOR PARTICIPATION IN THE FEDERAL
EMPLOYEES DENTAL AND VISION INSURANCE
PROGRAM.
(a) In General.--
(1) Dental benefits.--Section 8951 of title 5, United States
Code, is amended--
(A) in paragraph (3), by striking ``paragraph (1) or
(2)'' and inserting ``paragraph (1), (2), or (8)''; and
(B) by adding at the end the following new
paragraph:
``(8) The term `covered TRICARE-eligible individual' means
an individual entitled to dental care under chapter 55 of title
10, pursuant to section 1076c of such title, who the Secretary
of Defense determines should be an eligible individual for
purposes of this chapter.''.
(2) Vision benefits.--Section 8981 of title 5, United States
Code, is amended--
(A) in paragraph (3), by striking ``paragraph (1) or
(2)'' and inserting ``paragraph (1), (2), or (8)''; and
(B) by adding at the end the following new
paragraph:
``(8)(A) The term `covered TRICARE-eligible individual'--
``(i) means an individual entitled to medical care
under chapter 55 of title 10, pursuant to section 1076d,
1076e, 1079(a), 1086(c), or 1086(d) of such title, who
the Secretary of Defense determines in accordance with
an agreement
[[Page 130 STAT. 2222]]
entered into under subparagraph (B) should be an
eligible individual for purposes of this chapter; and
``(ii) does not include an individual covered under
section 1110b of title 10.
``(B) The Secretary of Defense shall enter into an agreement
with the Director of the Office relating to classes of
individuals described in subparagraph (A)(i) who should be
eligible individuals for purposes of this chapter.''.
(b) Conforming Amendments.--
(1) Dental benefits.--Section 8958(c) of title 5, United
States Code, is amended--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(3) in the case of a covered TRICARE-eligible individual
who receives pay from the Federal Government or an annuity from
the Federal Government due to the death of a member of the
uniformed services (as defined in section 101 of title 10), and
is not a former spouse of a member of the uniformed services, be
withheld from--
``(A) the pay (including retired pay) of such
individual; or
``(B) the annuity paid to such individual; or
``(4) in the case of a covered TRICARE-eligible individual
who is not described in paragraph (3), be billed to such
individual directly.''.
(2) Vision benefits.--Section 8988(c) of title 5, United
States Code, is amended--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(3) in the case of a covered TRICARE-eligible individual
who receives pay from the Federal Government or an annuity from
the Federal Government due to the death of a member of the
uniformed services (as defined in section 101 of title 10), and
is not a former spouse of a member of the uniformed services, be
withheld from--
``(A) the pay (including retired pay) of such
individual; or
``(B) the annuity paid to such individual; or
``(4) in the case of a covered TRICARE-eligible individual
who is not described in paragraph (3), be billed to such
individual directly.''.
(3) Plan for dental insurance for certain retirees,
surviving spouses, and other dependents.--Subsection (a) of
section 1076c of title 10, United States Code, is amended to
read as follows:
``(a) Requirement for Plan.--(1) The Secretary of Defense shall
establish a dental insurance plan for retirees of the uniformed
services, certain unremarried surviving spouses, and dependents in
accordance with this section.
``(2) The Secretary may satisfy the requirement under paragraph (1)
by entering into an agreement with the Director of the Office of
Personnel Management to allow persons described in subsection (b) to
enroll in an insurance plan under chapter 89A of
[[Page 130 STAT. 2223]]
title 5 that provides benefits similar to those benefits required to be
provided under subsection (d).''.
(c) <<NOTE: 5 USC 8951 note.>> Applicability.--The amendments made
by this section shall apply with respect to the first contract year for
chapter 89A or 89B of title 5, United States Code, as applicable, that
begins on or after January 1, 2018.
SEC. 716. APPLIED BEHAVIOR ANALYSIS.
(a) Rates of Reimbursement.--
(1) In general.--In furnishing applied behavior analysis
under the TRICARE program to individuals described in paragraph
(2) during the period beginning on the date of the enactment of
this Act and ending on December 31, 2018, the Secretary of
Defense shall ensure that the reimbursement rates for providers
of applied behavior analysis are not less than the rates that
were in effect on March 31, 2016.
(2) Individuals described.--Individuals described in this
paragraph are individuals who are covered beneficiaries by
reason of being a member or former member of the Army, Navy, Air
Force, or Marine Corps, including the reserve components
thereof, or a dependent of such a member or former member.
(b) Analysis.--
(1) In general.--Upon the completion of the Department of
Defense Comprehensive Autism Care Demonstration, the Assistant
Secretary of Defense for Health Affairs shall conduct an
analysis to--
(A) use data gathered during the demonstration to
set future reimbursement rates for providers of applied
behavior analysis under the TRICARE program;
(B) review comparative commercial insurance claims
for purposes of setting such future rates, including
by--
(i) conducting an analysis of the comparative
total of commercial insurance claims billed for
applied behavior analysis; and
(ii) reviewing any covered beneficiary
limitations on access to applied behavior analysis
services at various military installations
throughout the United States; and
(C) determine whether the use of applied behavioral
analysis under the demonstration has improved outcomes
for covered beneficiaries with autism spectrum disorder.
(2) Submission.--The Assistant Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the analysis conducted under paragraph (1).
(c) Definitions.--In this section, the terms ``covered beneficiary''
and ``TRICARE program'' have the meaning given those terms in section
1072 of title 10, United States Code.
SEC. 717. <<NOTE: 10 USC 1071 note.>> EVALUATION AND TREATMENT OF
VETERANS AND CIVILIANS AT MILITARY
TREATMENT FACILITIES.
(a) In General.--The Secretary of Defense shall authorize a veteran
(in consultation with the Secretary of Veterans Affairs) or civilian to
be evaluated and treated at a military treatment facility if the
Secretary of Defense determines that--
[[Page 130 STAT. 2224]]
(1) the evaluation and treatment of the individual is
necessary to attain the relevant mix and volume of medical
casework required to maintain medical readiness skills and
competencies of health care providers at the facility;
(2) the health care providers at the facility have the
competencies, skills, and abilities required to treat the
individual; and
(3) the facility has available space, equipment, and
materials to treat the individual.
(b) Priority of Covered Beneficiaries.--The evaluation and treatment
of covered beneficiaries at military treatment facilities shall be
prioritized ahead of the evaluation and treatment of veterans and
civilians at such facilities under subsection (a).
(c) Reimbursement for Treatment.--
(1) Civilians.--A military treatment facility that evaluates
or treats an individual (other than an individual described in
paragraph (2)) under subsection (a) shall bill the individual
and accept reimbursement from the individual or a third-party
payer (as that term is defined in section 1095(h) of title 10,
United States Code) on behalf of such individual for the costs
of any health care services provided to the individual under
such subsection.
(2) Veterans.--The Secretary of Defense shall enter into a
memorandum of agreement with the Secretary of Veterans Affairs
under which the Secretary of Veterans Affairs will pay a
military treatment facility using a prospective payment
methodology (including interagency transfers of funds or
obligational authority and similar transactions) for the costs
of any health care services provided at the facility under
subsection (a) to individuals eligible for such health care
services from the Department of Veterans Affairs.
(3) Use of amounts.--The Secretary of Defense shall make
available to a military treatment facility any amounts collected
by such facility under paragraph (1) or (2) for health care
services provided to an individual under subsection (a).
(d) Covered Beneficiary Defined.--In this section, the term
``covered beneficiary'' has the meaning given that term in section 1072
of title 10, United States Code.
SEC. 718. <<NOTE: 10 USC 1071 note.>> ENHANCEMENT OF USE OF
TELEHEALTH SERVICES IN MILITARY HEALTH
SYSTEM.
(a) Incorporation of Telehealth.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall
incorporate, throughout the direct care and purchased care
components of the military health system, the use of telehealth
services, including mobile health applications--
(A) to improve access to primary care, urgent care,
behavioral health care, and specialty care;
(B) to perform health assessments;
(C) to provide diagnoses, interventions, and
supervision;
(D) to monitor individual health outcomes of covered
beneficiaries with chronic diseases or conditions;
(E) to improve communication between health care
providers and patients; and
[[Page 130 STAT. 2225]]
(F) to reduce health care costs for covered
beneficiaries and the Department of Defense.
(2) Types of telehealth services.--The telehealth services
required to be incorporated under paragraph (1) shall include
those telehealth services that--
(A) maximize the use of secure messaging between
health care providers and covered beneficiaries to
improve the access of covered beneficiaries to health
care and reduce the number of visits to medical
facilities for health care needs;
(B) allow covered beneficiaries to schedule
appointments; and
(C) allow health care providers, through video
conference, telephone or tablet applications, or home
health monitoring devices--
(i) to assess and evaluate disease signs and
symptoms;
(ii) to diagnose diseases;
(iii) to supervise treatments; and
(iv) to monitor health outcomes.
(b) Coverage of Items or Services.--An item or service furnished to
a covered beneficiary via a telecommunications system shall be covered
under the TRICARE program to the same extent as the item or service
would be covered if furnished in the location of the covered
beneficiary.
(c) Reimbursement Rates for Telehealth Services.--The Secretary
shall develop standardized payment methods to reimburse health care
providers for telehealth services provided to covered beneficiaries in
the purchased care component of the TRICARE program, including by using
reimbursement rates that incentivize the provision of telehealth
services.
(d) Reduction or Elimination of Copayments.--The Secretary shall
reduce or eliminate, as the Secretary considers appropriate, copayments
or cost shares for covered beneficiaries in connection with the receipt
of telehealth services under the purchased care component of the TRICARE
program.
(e) Reports.--
(1) Initial report.--
(A) In general.--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 describing the
full range of telehealth services to be available in the
direct care and purchased care components of the
military health system and the copayments and cost
shares, if any, associated with those services.
(B) Reimbursement plan.--The report required under
subparagraph (A) shall include a plan to develop
standardized payment methods to reimburse health care
providers for telehealth services provided to covered
beneficiaries in the purchased care component of the
TRICARE program, as required under subsection (c).
(2) Final report.--
(A) In general.--Not later than three years after
the date on which the Secretary begins incorporating,
throughout the direct care and purchased care components
of the military health system, the use of telehealth
services as
[[Page 130 STAT. 2226]]
required under subsection (a), the Secretary shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report describing the
impact made by the use of telehealth services, including
mobile health applications, to carry out the actions
specified in subparagraphs (A) through (F) of subsection
(a)(1).
(B) Elements.--The report required under
subparagraph (A) shall include an assessment of the
following:
(i) The satisfaction of covered beneficiaries
with telehealth services furnished by the
Department of Defense.
(ii) The satisfaction of health care providers
in providing telehealth services furnished by the
Department.
(iii) The effect of telehealth services
furnished by the Department on the following:
(I) The ability of covered
beneficiaries to access health care
services in the direct care and
purchased care components of the
military health system.
(II) The frequency of use of
telehealth services by covered
beneficiaries.
(III) The productivity of health
care providers providing care furnished
by the Department.
(IV) The reduction, if any, in the
use by covered beneficiaries of health
care services in military treatment
facilities or medical facilities in the
private sector.
(V) The number and types of
appointments for the receipt of
telehealth services furnished by the
Department.
(VI) The savings, if any, realized
by the Department by furnishing
telehealth services to covered
beneficiaries.
(f) Regulations.--
(1) Interim final rule.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall prescribe
an interim final rule to implement this section.
(2) Final rule.--Not later than 180 days after prescribing
the interim final rule under paragraph (1) and considering
public comments with respect to such interim final rule, the
Secretary shall prescribe a final rule to implement this
section.
(3) Objectives.--The regulations prescribed under paragraphs
(1) and (2) shall accomplish the objectives set forth in
subsection (a) and ensure quality of care, patient safety, and
the integrity of the TRICARE program.
(g) Definitions.--In this section, the terms ``covered beneficiary''
and ``TRICARE program'' have the meaning given those terms in section
1072 of title 10, United States Code.
SEC. 719. <<NOTE: 10 USC 1074g note.>> AUTHORIZATION OF
REIMBURSEMENT BY DEPARTMENT OF DEFENSE TO
ENTITIES CARRYING OUT STATE VACCINATION
PROGRAMS FOR COSTS OF VACCINES PROVIDED TO
COVERED BENEFICIARIES.
(a) Reimbursement.--
[[Page 130 STAT. 2227]]
(1) In general.--The Secretary of Defense may reimburse an
amount determined under paragraph (2) to an entity carrying out
a State vaccination program for the cost of vaccines provided to
covered beneficiaries through such program.
(2) Amount of reimbursement.--
(A) In general.--Except as provided in subparagraph
(B), the amount determined under this paragraph with
respect to a State vaccination program shall be the
amount assessed by the entity carrying out such program
to purchase vaccines provided to covered beneficiaries
through such program.
(B) Limitation.--The amount determined under this
paragraph to provide vaccines to covered beneficiaries
through a State vaccination program may not exceed the
amount that the Department would reimburse an entity
under the TRICARE program for providing vaccines to the
number of covered beneficiaries who were involved in the
applicable State vaccination program.
(b) Definitions.--In this section:
(1) Covered beneficiary; tricare program.--The terms
``covered beneficiary'' and ``TRICARE program'' have the
meanings given those terms in section 1072 of title 10, United
States Code.
(2) State vaccination program.--The term ``State vaccination
program'' means a vaccination program that provides vaccinations
to individuals in a State and is carried out by an entity
(including an agency of the State) within the State.
Subtitle C--Health Care Administration
SEC. 721. AUTHORITY TO CONVERT MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL
POSITIONS.
(a) Limited Authority for Conversion.--
(1) Authority.--Chapter 49 of title 10, United States Code,
is amended by inserting after section 976 the following new
section:
``Sec. 977. <<NOTE: 10 USC 977.>> Conversion of military medical
and dental positions to civilian medical and
dental positions: limitation
``(a) Process.--The Secretary of Defense, in collaboration with the
Secretaries of the military departments, shall establish a process to
define the military medical and dental personnel requirements necessary
to meet operational medical force readiness requirements.
``(b) Requirements Relating to Conversion.--A military medical or
dental position within the Department of Defense may be converted to a
civilian medical or dental position if the Secretary determines that the
position is not necessary to meet operational medical force readiness
requirements, as determined pursuant to subsection (a).
``(c) Grade or Level Converted.--In carrying out a conversion under
subsection (b), the Secretary of Defense--
``(1) shall convert the applicable military position to a
civilian position with a level of compensation commensurate with
the skills and experience necessary to carry out the duties of
such civilian position; and
[[Page 130 STAT. 2228]]
``(2) may not place any limitation on the grade or level to
which the military position is so converted.
``(d) Definitions.--In this section:
``(1) The term `military medical or dental position' means a
position for the performance of health care functions within the
armed forces held by a member of the armed forces.
``(2) The term `civilian medical or dental position' means a
position for the performance of health care functions within the
Department of Defense held by an employee of the Department or
of a contractor of the Department.
``(3) The term `conversion', with respect to a military
medical or dental position, means a change of the position to a
civilian medical or dental position, effective as of the date of
the manning authorization document of the military department
making the change (through a change in designation from military
to civilian in the document, the elimination of the listing of
the position as a military position in the document, or through
any other means indicating the change in the document or
otherwise).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 49 of such title <<NOTE: 10 USC 971
prec.>> is amended by inserting after the item relating to
section 976 the following new item:
``977. Conversion of military medical and dental positions to civilian
medical and dental positions: limitation.''.
(3) <<NOTE: 10 USC 977 note.>> Effective date of conversion
authority.--The Secretary of Defense may not carry out section
977(b) of title 10, United States Code, as added by paragraph
(1), until the date that is 180 days after the date on which the
Secretary submits the report under subsection (b).
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
that includes the following:
(1) A description of the process established under section
977(a) of title 10, United States Code, as added by subsection
(a), to define the military medical and dental personnel
requirements necessary to meet operational medical force
readiness requirements.
(2) A complete list, by position, of the military medical
and dental personnel requirements necessary to meet operational
medical force readiness requirements.
(c) Conforming Repeal.--Section 721 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
198; 10 U.S.C. 129c note) is repealed.
SEC. 722. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE
MEDICAL CARE FOR THE COAST GUARD.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 520. <<NOTE: 14 USC 520.>> Prospective payment of funds
necessary to provide medical care
``(a) Prospective Payment Required.--In lieu of the reimbursement
required under section 1085 of title 10, the Secretary of Homeland
Security shall make a prospective payment to the Secretary of Defense of
an amount that represents the actuarial valuation of treatment or care--
[[Page 130 STAT. 2229]]
``(1) that the Department of Defense shall provide to
members of the Coast Guard, former members of the Coast Guard,
and dependents of such members and former members (other than
former members and dependents of former members who are a
Medicare-eligible beneficiary or for whom the payment for
treatment or care is made from the Medicare-Eligible Retiree
Health Care Fund) at facilities under the jurisdiction of the
Department of Defense or a military department; and
``(2) for which a reimbursement would otherwise be made
under section 1085.
``(b) Amount.--The amount of the prospective payment under
subsection (a) shall be--
``(1) in the case of treatment or care to be provided to
members of the Coast Guard and their dependents, derived from
amounts appropriated for the operating expenses of the Coast
Guard;
``(2) in the case of treatment or care to be provided former
members of the Coast Guard and their dependents, derived from
amounts appropriated for retired pay;
``(3) determined under procedures established by the
Secretary of Defense;
``(4) paid during the fiscal year in which treatment or care
is provided; and
``(5) subject to adjustment or reconciliation as the
Secretaries determine appropriate during or promptly after such
fiscal year in cases in which the prospective payment is
determined excessive or insufficient based on the services
actually provided.
``(c) No Prospective Payment When Service in Navy.--No prospective
payment shall be made under this section for any period during which the
Coast Guard operates as a service in the Navy.
``(d) Relationship to TRICARE.--This section shall not be construed
to require a payment for, or the prospective payment of an amount that
represents the value of, treatment or care provided under any TRICARE
program.''.
(b) Clerical Amendment.--The analysis for chapter 13 of title 14,
United States Code, <<NOTE: 10 USC 461 prec.>> is amended by adding at
the end the following:
``520. Prospective payment of funds necessary to provide medical
care.''.
(c) Repeal.--Section 217 of the Coast Guard Authorization Act of
2016 (Public Law 114-120), as amended by section 3503, and the item
relating to that section in the table of contents in section 2 of such
Act, <<NOTE: 10 USC 1085 note.>> are repealed.
SEC. 723. REDUCTION OF ADMINISTRATIVE REQUIREMENTS RELATING TO
AUTOMATIC RENEWAL OF ENROLLMENTS IN
TRICARE PRIME.
Section 1097a(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``(1) An'' and inserting
``An''; and
(2) by striking paragraph (2).
[[Page 130 STAT. 2230]]
SEC. 724. MODIFICATION OF AUTHORITY OF UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES TO
INCLUDE UNDERGRADUATE AND OTHER MEDICAL
EDUCATION AND TRAINING PROGRAMS.
(a) In General.--Section 2112(a) of title 10, United States Code, is
amended to read as follows:
``(a)(1) There is established a Uniformed Services University of the
Health Sciences (in this chapter referred to as the `University') with
authority to grant appropriate certificates, certifications,
undergraduate degrees, and advanced degrees.
``(2) The University shall be so organized as to graduate not fewer
than 100 medical students annually.
``(3) The headquarters of the University shall be at a site or sites
selected by the Secretary of Defense within 25 miles of the District of
Columbia.''.
(b) Administration.--Section 2113 of such title is amended--
(1) in subsection (d)--
(A) in the first sentence, by striking ``located in
or near the District of Columbia'';
(B) in the third sentence, by striking ``in or near
the District of Columbia''; and
(C) by striking the fifth sentence; and
(2) in subsection (e)(3), by inserting after ``programs''
the following: ``, including certificate, certification, and
undergraduate degree programs,''.
(c) Repeal of Expired Provision.--Section 2112a of such title is
amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Closure
Prohibited.--''.
SEC. 725. <<NOTE: 10 USC 1074 note.>> ADJUSTMENT OF MEDICAL
SERVICES, PERSONNEL AUTHORIZED STRENGTHS,
AND INFRASTRUCTURE IN MILITARY HEALTH
SYSTEM TO MAINTAIN READINESS AND CORE
COMPETENCIES OF HEALTH CARE PROVIDERS.
(a) In General.--Except as provided by subsection (c), not later
than one year after the date of the enactment of this Act, the Secretary
of Defense shall implement measures to maintain the critical wartime
medical readiness skills and core competencies of health care providers
within the Armed Forces.
(b) Measures.--The measures under subsection (a) shall include
measures under which the Secretary ensures the following:
(1) Medical services provided through the military health
system at military medical treatment facilities--
(A) maintain the critical wartime medical readiness
skills and core competencies of health care providers
within the Armed Forces; and
(B) ensure the medical readiness of the Armed
Forces.
(2) The authorized strengths for military and civilian
personnel throughout the military health system--
(A) maintain the critical wartime medical readiness
skills and core competencies of health care providers
within the Armed Forces; and
(B) ensure the medical readiness of the Armed
Forces.
(3) The infrastructure in the military health system,
including infrastructure of military medical treatment
facilities--
[[Page 130 STAT. 2231]]
(A) maintains the critical wartime medical readiness
skills and core competencies of health care providers
within the Armed Forces; and
(B) ensures the medical readiness of the Armed
Forces.
(4) Any covered beneficiary who may be affected by the
measures implemented under subsection (a) will be able to
receive through the purchased care component of the TRICARE
program any medical services that will not be available to such
covered beneficiary at a military medical treatment facility by
reason of such measures.
(c) Exception.--The Secretary is not required to implement measures
under subsection (a)(1) with respect to military medical treatment
facilities located in a foreign country if the Secretary determines that
providing medical services in addition to the medical services described
in such subsection is necessary to ensure that covered beneficiaries
located in that foreign country have access to a similar level of care
available to covered beneficiaries located in the United States.
(d) Definitions.--In this section:
(1) The term ``clinical and logistical capabilities'' means
those capabilities relating to the provision of health care that
are necessary to accomplish operational requirements,
including--
(A) combat casualty care;
(B) medical response to and treatment of injuries
sustained from chemical, biological, radiological,
nuclear, or explosive incidents;
(C) diagnosis and treatment of infectious diseases;
(D) aerospace medicine;
(E) undersea medicine;
(F) diagnosis, treatment, and rehabilitation of
specialized medical conditions;
(G) diagnosis and treatment of diseases and injuries
that are not related to battle; and
(H) humanitarian assistance.
(2) The terms ``covered beneficiary'' and ``TRICARE
program'' have the meanings given those terms in section 1072 of
title 10, United States Code.
(3) The term ``critical wartime medical readiness skills and
core competencies'' means those essential medical capabilities,
including clinical and logistical capabilities, that are--
(A) necessary to be maintained by health care
providers within the Armed Forces for national security
purposes; and
(B) vital to the provision of effective and timely
health care during contingency operations.
SEC. 726. <<NOTE: 10 USC 1071 note.>> PROGRAM TO ELIMINATE
VARIABILITY IN HEALTH OUTCOMES AND IMPROVE
QUALITY OF HEALTH CARE SERVICES DELIVERED
IN MILITARY MEDICAL TREATMENT FACILITIES.
(a) Program.--Beginning not later than January 1, 2018, the
Secretary of Defense shall implement a program--
(1) to establish best practices for the delivery of health
care services for certain diseases or conditions at military
medical treatment facilities, as selected by the Secretary;
[[Page 130 STAT. 2232]]
(2) to incorporate such best practices into the daily
operations of military medical treatment facilities selected by
the Secretary for purposes of the program, with priority in
selection given to facilities that provide specialty care; and
(3) to eliminate variability in health outcomes and to
improve the quality of health care services delivered at
military medical treatment facilities selected by the Secretary
for purposes of the program.
(b) Use of Clinical Practice Guidelines.--In carrying out the
program under subsection (a), the Secretary shall develop, implement,
monitor, and update clinical practice guidelines reflecting the best
practices established under paragraph (1) of such subsection.
(c) Development.--In developing the clinical practice guidelines
under subsection (b), the Secretary shall ensure that such development
includes a baseline assessment of health care delivery and outcomes at
military medical treatment facilities to evaluate and determine
evidence-based best practices, within the direct care component of the
military health system and the private sector, for treating the diseases
or conditions selected by the Secretary under subsection (a)(1).
(d) Implementation.--The Secretary shall implement the clinical
practice guidelines under subsection (b) in military medical treatment
facilities selected by the Secretary under subsection (a)(2) using means
determined appropriate by the Secretary, including by communicating with
the relevant health care providers of the evidence upon which the
guidelines are based and by providing education and training on the most
appropriate implementation of the guidelines.
(e) Monitoring.--The Secretary shall monitor the implementation of
the clinical practice guidelines under subsection (b) using appropriate
means, including by monitoring the results in clinical outcomes based on
specific metrics included as part of the guidelines.
(f) Updating.--The Secretary shall periodically update the clinical
practice guidelines under subsection (b) based on the results of
monitoring conducted under subsection (e) and by continuously assessing
evidence-based best practices within the direct care component of the
military health system and the private sector.
(g) Continuous Cycle.--The Secretary shall establish a continuous
cycle of carrying out subsections (c) through (f) with respect to the
clinical practice guidelines established under subsection (a).
SEC. 727. <<NOTE: 10 USC 1091 note.>> ACQUISITION STRATEGY FOR
HEALTH CARE PROFESSIONAL STAFFING
SERVICES.
(a) Acquisition Strategy.--
(1) In general.--The Secretary of Defense shall develop and
carry out a performance-based, strategic sourcing acquisition
strategy with respect to entering into contracts for the
services of health care professional staff at military medical
treatment facilities located in a State.
(2) Elements.--The acquisition strategy under paragraph (1)
shall include the following:
(A) Except as provided by subparagraph (B), a
requirement that all the military medical treatment
facilities that provide direct care use contracts
described under paragraph (1).
[[Page 130 STAT. 2233]]
(B) A process for a military medical treatment
facility to obtain a waiver of the requirement under
subparagraph (A) in order to use an acquisition strategy
not described in paragraph (1).
(C) Identification of the responsibilities of the
military departments and the elements of the Department
of Defense in carrying out such strategy.
(D) Projection of the demand by covered
beneficiaries for health care services, including with
respect to primary care and expanded-hours urgent care
services.
(E) Estimation of the workload gaps at military
medical treatment facilities for health care services,
including with respect to primary care and expanded-
hours urgent care services.
(F) Methods to analyze, using reliable and detailed
data covering the entire direct care component of the
military health system, the amount of funds expended on
contracts for the services of health care professional
staff.
(G) Methods to identify opportunities to consolidate
requirements for such services and reduce cost.
(H) Methods to measure cost savings that are
realized by using such contracts instead of purchased
care.
(I) Metrics to determine the effectiveness of such
strategy.
(J) Metrics to evaluate the success of the strategy
in achieving its objectives, including metrics to assess
the effects of the strategy on the timeliness of
beneficiary access to professional health care services
in military medical treatment facilities.
(K) Such other matters as the Secretary considers
appropriate.
(b) Report.--Not later than July 1, 2017, the Secretary shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the status of implementing the acquisition
strategy under paragraph (1) of subsection (a), including how each
element under subparagraphs (A) through (K) of paragraph (2) of such
subsection is being carried out.
(c) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ``State'' means the several States and the
District of Columbia.
(d) Conforming Repeal.--Section 725 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C. 1091 note) is repealed.
SEC. 728. <<NOTE: 10 USC 1071 note.>> ADOPTION OF CORE QUALITY
PERFORMANCE METRICS.
(a) Adoption.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall adopt,
to the extent appropriate, the core quality performance metrics
agreed upon by the Core Quality Measures Collaborative for use
by the military health system and in contracts awarded to carry
out the TRICARE program.
(2) Core measures.--The core quality performance metrics
described in paragraph (1) shall include the following sets:
[[Page 130 STAT. 2234]]
(A) Accountable care organizations, patient centered
medical homes, and primary care.
(B) Cardiology.
(C) Gastroenterology.
(D) HIV and hepatitis C.
(E) Medical oncology.
(F) Obstetrics and gynecology.
(G) Orthopedics.
(H) Such other sets of core quality performance
metrics released by the Core Quality Measures
Collaborative as the Secretary considers appropriate.
(b) Publication.--
(1) Online availability.--Section 1073b of title 10, United
States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``Not later than'' and all
that follows through ``2016, the Secretary'' and
inserting ``The Secretary''; and
(ii) by adding at the end the following new
sentence: ``Such data shall include the core
quality performance metrics adopted by the
Secretary under section 728 of the National
Defense Authorization Act for Fiscal Year 2017.'';
and
(B) in the section heading, by inserting ``and
publication of certain data'' after ``reports''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 10, <<NOTE: 10 USC 1071
prec.>> United States Code, is amended by striking the item
relating to section 1073b and inserting the following:
``1073b. Recurring reports and publication of certain data.''.
(c) <<NOTE: 10 USC 1071 note.>> Definitions.--In this section:
(1) The term ``Core Quality Measures Collaborative'' means
the collaboration between the Centers for Medicare & Medicaid
Services, major health insurance companies, national physician
organizations, and other entities to reach consensus on core
performance measures reported by health care providers.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 729. <<NOTE: 10 USC 1073 note.>> IMPROVEMENT OF HEALTH
OUTCOMES AND CONTROL OF COSTS OF HEALTH
CARE UNDER TRICARE PROGRAM THROUGH
PROGRAMS TO INVOLVE COVERED BENEFICIARIES.
(a) Medical Intervention Incentive Program.--
(1) In general.--The Secretary of Defense shall establish a
program to incentivize covered beneficiaries to participate in
medical intervention programs established by the Secretary, such
as comprehensive disease management programs, that may include
lowering fees for enrollment in the TRICARE program by a certain
percentage or lowering copayment and cost-share amounts for
health care services during a particular year for covered
beneficiaries with chronic diseases or conditions described in
paragraph (2) who met participation milestones, as determined by
the Secretary, in the previous year in such medical intervention
programs.
[[Page 130 STAT. 2235]]
(2) Chronic diseases or conditions described.--Chronic
diseases or conditions described in this paragraph may include
diabetes, chronic obstructive pulmonary disease, asthma,
congestive heart failure, hypertension, history of stroke,
coronary artery disease, mood disorders, obesity, and such other
diseases or conditions as the Secretary determines appropriate.
(b) Lifestyle Intervention Incentive Program.--The Secretary shall
establish a program to incentivize lifestyle interventions for covered
beneficiaries, such as smoking cessation and weight reduction, that may
include lowering fees for enrollment in the TRICARE program by a certain
percentage or lowering copayment and cost share amounts for health care
services during a particular year for covered beneficiaries who met
participation milestones, as determined by the Secretary, in the
previous year with respect to such lifestyle interventions, such as
quitting smoking or achieving a lower body mass index by a certain
percentage.
(c) Healthy Lifestyle Maintenance Incentive Program.--The Secretary
shall establish a program to incentivize the maintenance of a healthy
lifestyle among covered beneficiaries, such as exercise and weight
maintenance, that may include lowering fees for enrollment in the
TRICARE program by a certain percentage or lowering copayment and cost-
share amounts for health care services during a particular year for
covered beneficiaries who met participation milestones, as determined by
the Secretary, in the previous year with respect to the maintenance of a
healthy lifestyle, such as maintaining smoking cessation or maintaining
a normal body mass index.
(d) Report.--
(1) In general.--Not later than January 1, 2020, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
implementation of the programs established under subsections
(a), (b), and (c).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed description of the programs
implemented under subsections (a), (b), and (c).
(B) An assessment of the impact of such programs
on--
(i) improving health outcomes for covered
beneficiaries; and
(ii) lowering per capita health care costs for
the Department of Defense.
(e) Regulations.--Not later than January 1, 2018, the Secretary
shall prescribe an interim final rule to carry out this section.
(f) Definitions.--In this section, the terms ``covered beneficiary''
and ``TRICARE program'' have the meaning given those terms in section
1072 of title 10, United States Code.
SEC. 730. <<NOTE: 10 USC 1071 note.>> ACCOUNTABILITY FOR THE
PERFORMANCE OF THE MILITARY HEALTH SYSTEM
OF CERTAIN LEADERS WITHIN THE SYSTEM.
(a) In General.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments, shall incorporate into
the annual performance review of each military and civilian leader in
the military health system, as determined
[[Page 130 STAT. 2236]]
by the Secretary of Defense, measures of accountability for the
performance of the military health system described in subsection (b).
(b) Measures of Accountability for Performance.--The measures of
accountability for the performance of the military health system
incorporated into the annual performance review of an individual
pursuant to this section shall include measures to assess performance
and assure accountability for the following:
(1) Quality of care.
(2) Access of beneficiaries to care.
(3) Improvement in health outcomes for beneficiaries.
(4) Patient safety.
(5) Such other matters as the Secretary of Defense, in
consultation with the Secretaries of the military departments,
considers appropriate.
(c) Report on Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the incorporation of measures of
accountability for the performance of the military health system
into the annual performance reviews of individuals as required
by this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comprehensive plan for the use of measures of
accountability for performance in annual performance
reviews pursuant to this section as a means of assessing
and assuring accountability for the performance of the
military health system.
(B) The identification of each leadership position
in the military health system determined under
subsection (a) and a description of the specific
measures of accountability for performance to be
incorporated into the annual performance reviews of each
such position pursuant to this section.
SEC. 731. <<NOTE: 10 USC 1071 note.>> ESTABLISHMENT OF ADVISORY
COMMITTEES FOR MILITARY TREATMENT
FACILITIES.
(a) In General.--The Secretary of Defense shall establish, under
such regulations as the Secretary may prescribe, an advisory committee
for each military treatment facility.
(b) Status of Certain Members of Advisory Committees.--A member of
an advisory committee established under subsection (a) who is not a
member of the Armed Forces on active duty or an employee of the Federal
Government shall, with the approval of the commanding officer or
director of the military treatment facility concerned, be treated as a
volunteer under section 1588 of title 10, United States Code, in
carrying out the duties of the member under this section.
(c) Duties.--Each advisory committee established under subsection
(a) for a military treatment facility shall provide to the commanding
officer or director of such facility advice on the administration and
activities of such facility as it relates to the experience of care for
beneficiaries at such facility.
[[Page 130 STAT. 2237]]
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.
(a) In General.--Section 1704(e) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), as amended by section 722 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291) and section 723 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), is further
amended by striking ``September 30, 2017'' and inserting ``September 30,
2018''.
(b) Report on Implementation of Information Technology
Capabilities.--Not later than March 30, 2017, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on plans to implement all information
technology capabilities required by the executive agreement entered into
under section 1701(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567) that remain
unimplemented as of the date of the report.
SEC. 742. <<NOTE: 10 USC 1092 note.>> PILOT PROGRAM ON EXPANSION
OF USE OF PHYSICIAN ASSISTANTS TO PROVIDE
MENTAL HEALTH CARE TO MEMBERS OF THE ARMED
FORCES.
(a) In General.--The Secretary of Defense may conduct a pilot
program to assess the feasibility and advisability of expanding the use
by the Department of Defense of physician assistants specializing in
psychiatric medicine at medical facilities of the Department of Defense
in order to meet the increasing demand for mental health care providers
at such facilities through the use of a psychiatry fellowship program
for physician assistants.
(b) Report on Pilot Program.--
(1) In general.--If the Secretary conducts the pilot program
under this section, not later than 90 days after the date on
which the Secretary completes the conduct of the pilot program,
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
pilot program.
(2) Elements.--The report submitted under paragraph (1)
shall include the following:
(A) A description of the implementation of the pilot
program, including a detailed description of the
education and training provided under the pilot program.
(B) An assessment of potential cost savings, if any,
to the Department of Defense resulting from the pilot
program.
(C) A description of improvements, if any, to the
access of members of the Armed Forces to mental health
care resulting from the pilot program.
(D) A recommendation as to the feasibility and
advisability of extending or expanding the pilot
program.
[[Page 130 STAT. 2238]]
SEC. 743. <<NOTE: 10 USC 1074g note.>> PILOT PROGRAM FOR
PRESCRIPTION DRUG ACQUISITION COST PARITY
IN THE TRICARE PHARMACY BENEFITS PROGRAM.
(a) Authority to Establish Pilot Program.--The Secretary of Defense
may conduct a pilot program to evaluate whether, in carrying out the
TRICARE pharmacy benefits program under section 1074g of title 10,
United States Code, extending additional discounts for prescription
drugs filled at retail pharmacies will maintain or reduce prescription
drug costs for the Department of Defense.
(b) Elements of Pilot Program.--In carrying out the pilot program
under subsection (a), the Secretary shall require that for prescription
medications, including non-generic maintenance medications, that are
dispensed to TRICARE beneficiaries that are not Medicare eligible,
through any TRICARE participating retail pharmacy, including small
business pharmacies, manufacturers shall pay rebates such that those
medications are available to the Department at the lowest rate
available. In addition to utilizing the authority under section 1074g(f)
of title 10, United States Code, the Secretary shall have the authority
to enter into a blanket purchase agreement with prescription drug
manufacturers for supplemental discounts for prescription drugs
dispensed in the pilot to be paid in the form of manufacturer's rebates.
(c) Consultation.--The Secretary shall develop the pilot program in
consultation with--
(1) the Secretaries of the military departments;
(2) the Chief of the Pharmacy Operations Division of the
Defense Health Agency; and
(3) stakeholders, including TRICARE beneficiaries and retail
pharmacies.
(d) Duration of Pilot Program.--If the Secretary carries out the
pilot program under subsection (a), the Secretary shall commence such
pilot program no later than October 1, 2017, and shall terminate such
program no later than September 30, 2018.
(e) Reports.--If the Secretary carries out the pilot program under
subsection (a), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives reports
on the pilot program as follows:
(1) Not later than 90 days after the date of the enactment
of this Act, a report containing an implementation plan for the
pilot program.
(2) Not later than 180 days after the date on which the
pilot program commences, an interim report on the pilot program.
(3) Not later than 90 days after the date on which the pilot
program terminates, a final report describing the results of the
pilot program, including--
(A) any recommendations of the Secretary to expand
such program;
(B) an analysis of the changes in prescription drug
costs for the Department of Defense relating to the
pilot program;
(C) an analysis of the impact on beneficiary access
to prescription drugs;
(D) a survey of beneficiary satisfaction with the
pilot program; and
[[Page 130 STAT. 2239]]
(E) a summary of any fraud and abuse activities
related to the pilot and actions taken in response by
the Department.
SEC. 744. <<NOTE: 10 USC 1092 note.>> PILOT PROGRAM ON DISPLAY OF
WAIT TIMES AT URGENT CARE CLINICS AND
PHARMACIES OF MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Pilot Program Authorized.--Beginning not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program for the display of wait times in urgent
care clinics and pharmacies of military medical treatment facilities
selected under subsection (b).
(b) Selection of Facilities.--
(1) Categories.--The Secretary shall select not fewer than
four military medical treatment facilities from each of the
following categories to participate in the pilot program:
(A) Medical centers.
(B) Hospitals.
(C) Ambulatory care centers.
(2) OCONUS locations.--Of the military medical treatment
facilities selected under each category described in
subparagraphs (A) through (C) of paragraph (1), not fewer than
one shall be located outside of the continental United States.
(3) Contractor-operated facilities.--The Secretary may
select Government-owned, contractor-operated facilities among
those military medical treatment facilities selected under
paragraph (1).
(c) Urgent Care Clinics.--
(1) Placement.--With respect to each military medical
treatment facility participating in the pilot program with an
urgent care clinic, the Secretary shall place in a conspicuous
location at the urgent care clinic an electronic sign that
displays the current average wait time determined under
paragraph (2) for a patient to be seen by a qualified medical
professional.
(2) Determination.--In carrying out paragraph (1), every 30
minutes, the Secretary shall determine the average wait time to
display under such paragraph by calculating, for the four-hour
period preceding the calculation, the average length of time
beginning at the time of the arrival of a patient at the urgent
care clinic and ending at the time at which the patient is first
seen by a qualified medical professional.
(d) Pharmacies.--
(1) Placement.--With respect to each military medical
treatment facility participating in the pilot program with a
pharmacy, the Secretary shall place in a conspicuous location at
the pharmacy an electronic sign that displays the current
average wait time to receive a filled prescription for a
pharmaceutical agent.
(2) Determination.--In carrying out paragraph (1), every 30
minutes, the Secretary shall determine the average wait time to
display under such paragraph by calculating, for the four-hour
period preceding the calculation, the average length of time
beginning at the time of submission by a patient of a
prescription for a pharmaceutical agent and ending at the time
at which the pharmacy dispenses the pharmaceutical agent to the
patient.
[[Page 130 STAT. 2240]]
(e) Duration.--The Secretary shall carry out the pilot program for a
period that is not more than two years.
(f) Report.--
(1) Submission.--Not later than 90 days after the completion
of the pilot program, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report on the pilot program.
(2) Elements.--The report under paragraph (1) shall
include--
(A) the costs for displaying the wait times under
subsections (c) and (d);
(B) any changes in patient satisfaction;
(C) any changes in patient behavior with respect to
using urgent care and pharmacy services;
(D) any changes in pharmacy operations and
productivity;
(E) a cost-benefit analysis of posting such wait
times; and
(F) the feasibility of expanding the posting of wait
times in emergency departments in military medical
treatment facilities.
(g) Qualified Medical Professional Defined.--In this section, the
term ``qualified medical professional'' means a doctor of medicine, a
doctor of osteopathy, a physician assistant, or an advanced registered
nurse practitioner.
SEC. 745. <<NOTE: 10 USC 1074 note.>> REQUIREMENT TO REVIEW AND
MONITOR PRESCRIBING PRACTICES AT MILITARY
TREATMENT FACILITIES OF PHARMACEUTICAL
AGENTS FOR TREATMENT OF POST-TRAUMATIC
STRESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct a comprehensive review of the prescribing
practices at military treatment facilities of pharmaceutical
agents for the treatment of post-traumatic stress;
(2) implement a process or processes to monitor the
prescribing practices at military treatment facilities of
pharmaceutical agents that are discouraged from use under the
VA/DOD Clinical Practice Guideline for Management of Post-
Traumatic Stress; and
(3) implement a plan to address any deviations from such
guideline in prescribing practices of pharmaceutical agents for
management of post-traumatic stress at such facilities.
(b) Pharmaceutical Agent Defined.--In this section, the term
``pharmaceutical agent'' has the meaning given that term in section
1074g(g) of title 10, United States Code.
SEC. 746. DEPARTMENT OF DEFENSE STUDY ON PREVENTING THE DIVERSION
OF OPIOID MEDICATIONS.
(a) Study.--The Secretary of Defense shall conduct a study on the
feasibility and effectiveness in preventing the diversion of opioid
medications of the following measures:
(1) Requiring that, in appropriate cases, opioid medications
be dispensed in vials using affordable technologies designed to
prevent access to the medications by anyone other than the
intended patient, such as a vial with a locking-cap closure
mechanism.
[[Page 130 STAT. 2241]]
(2) Providing education on the risks of opioid medications
to individuals for whom such medications are prescribed, and to
their families, with special consideration given to raising
awareness among adolescents on such risks.
(b) Briefing.--
(1) In general.--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 a briefing on the results of the study conducted
under subsection (a).
(2) Elements.--The briefing under paragraph (1) shall
include an assessment of the cost effectiveness of the measures
studied under subsection (a).
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.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall initiate action to integrate into the
Health Related Behavior Survey of Active Duty Military Personnel
questions designed to obtain information on the experiences of members
of the Armed Forces--
(1) in accessing family planning services and counseling;
and
(2) in using family planning methods, including information
on which method was preferred and whether deployment conditions
affected the decision on which family planning method or methods
to be used.
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.
(a) Assessment of Transition to TRICARE Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
complete an assessment of the extent to which families of
members of the reserve components of the Armed Forces serving on
active duty pursuant to a call or order to active duty for a
period of more than 30 days experience difficulties in
transitioning from health care arrangements relied upon when the
member is not in such an active duty status to health care
benefits under the TRICARE program.
(2) Elements.--The assessment under paragraph (1) shall
address the following:
(A) The extent to which family members of members of
the reserve components of the Armed Forces are required
to change health care providers when they become
eligible for health care benefits under the TRICARE
program.
(B) The extent to which health care providers in the
private sector with whom such family members have
established relationships when not covered under the
TRICARE program are providers who--
(i) are in a preferred provider network under
the TRICARE program;
(ii) are participating providers under the
TRICARE program; or
[[Page 130 STAT. 2242]]
(iii) will agree to treat covered
beneficiaries at a rate not to exceed 115 percent
of the maximum allowable charge under the TRICARE
program.
(C) The extent to which such family members
encounter difficulties associated with a change in
health care claims administration, health care
authorizations, or other administrative matters when
transitioning to health care benefits under the TRICARE
program.
(D) Any particular reasons for, or circumstances
that explain, the conditions described in subparagraphs
(A), (B), and (C).
(E) The effects of the conditions described in
subparagraphs (A), (B), and (C) on the health care
experience of such family members.
(F) Recommendations for changes in policies and
procedures under the TRICARE program, or other
administrative action by the Secretary, to remedy or
mitigate difficulties faced by such family members in
transitioning to health care benefits under the TRICARE
program.
(G) Recommendations for legislative action to remedy
or mitigate such difficulties.
(H) Such other matters as the Secretary determines
relevant to the assessment.
(3) Report.--
(A) In general.--Not later than 180 days after
completing the assessment under paragraph (1), the
Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report detailing the results of the assessment.
(B) Analysis of recommendations.--The report
required by subparagraph (A) shall include an analysis
of each recommendation for legislative action addressed
under paragraph (2)(G), together with a cost estimate
for implementing each such action.
(b) Expansion of Authority To Eliminate Balance Billing.--Section
1079(h)(4)(C)(ii) of title 10, United States Code, is amended by
striking ``in support of a contingency operation under a provision of
law referred to in section 101(a)(13)(B) of this title''.
(c) Definitions.--In this section, the terms ``covered beneficiary''
and ``TRICARE program'' have the meanings given those terms in section
1072 of title 10, United States Code.
SEC. 749. <<NOTE: 10 USC 1094a note.>> OVERSIGHT OF GRADUATE
MEDICAL EDUCATION PROGRAMS OF MILITARY
DEPARTMENTS.
(a) Process.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish and
implement a process to provide oversight of the graduate medical
education programs of the military departments to ensure that such
programs fully support the operational medical force readiness
requirements for health care providers of the Armed Forces and the
medical readiness of the Armed Forces. The process shall include the
following:
(1) A process to review such programs to ensure, to the
extent practicable, that such programs are--
(A) conducted jointly among the military
departments; and
[[Page 130 STAT. 2243]]
(B) focused on, and related to, operational medical
force readiness requirements.
(2) A process to minimize duplicative programs relating to
such programs among the military departments.
(3) A process to ensure that--
(A) assignments of faculty, support staff, and
students within such programs are coordinated among the
military departments; and
(B) the Secretary optimizes resources by using
military medical treatment facilities as training
platforms when and where most appropriate.
(4) A process to review and, if necessary, restructure or
realign, such programs to sustain and improve operational
medical force readiness.
(b) Report.--Not later than 30 days after the date on which the
Secretary establishes the process under subsection (a), the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report that describes such process. The
report shall include a description of each graduate medical education
program of the military departments, categorized by the following:
(1) Programs that provide direct support to operational
medical force readiness.
(2) Programs that provide indirect support to operational
medical force readiness.
(3) Academic programs that provide other medical support.
(c) Comptroller General Review and Report.--
(1) Review.--The Comptroller General of the United States
shall conduct a review of the process established under
subsection (a), including with respect to each process described
in paragraphs (1) through (4) of such subsection.
(2) Report.--Not later than 180 days after the date on which
the Secretary submits the report under subsection (b), the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives the
review conducted under paragraph (1), including an assessment of
the elements of the process established under subsection (a).
SEC. 750. STUDY ON HEALTH OF HELICOPTER AND TILTROTOR PILOTS.
(a) Study Required.--The Secretary of Defense shall carry out a
study of career helicopter and tiltrotor pilots to assess potential
links between the operation of helicopter and tiltrotor aircraft and
acute and chronic medical conditions experienced by such pilots.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A study of career helicopter and tiltrotor pilots
compared to a control population that--
(A) takes into account the amount of time such
pilots operated aircraft;
(B) examines the severity and rates of acute and
chronic injuries experienced by such pilots; and
(C) determines whether such pilots experience a
higher degree of acute and chronic medical conditions
than the control population.
(2) If a higher degree of acute and chronic medical
conditions is observed among such pilots, an explanation of--
[[Page 130 STAT. 2244]]
(A) the specific causes of the conditions (such as
whole body vibration, seat and cockpit ergonomics,
landing loads, hard impacts, and pilot-worn gear); and
(B) any costs associated with treating the
conditions if the causes are not mitigated.
(3) A review of relevant scientific literature and prior
research.
(4) Such other information as the Secretary determines to be
appropriate.
(c) Duration.--The duration of the study under subsection (a) shall
be not more than two years.
(d) Report.--Not later than 30 days after the completion of the
study under subsection (a), the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the study.
SEC. 751. COMPTROLLER GENERAL REPORTS ON HEALTH CARE DELIVERY AND
WASTE IN MILITARY HEALTH SYSTEM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and not less frequently than once each year
thereafter for four years, 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 assessing the delivery of health care
in the military health system, with an emphasis on identifying potential
waste and inefficiency.
(b) Elements.--
(1) In general.--The reports submitted under subsection (a)
shall, within the direct and purchased care components of the
military health system, evaluate the following:
(A) Processes for ensuring that health care
providers adhere to clinical practice guidelines.
(B) Processes for reporting and resolving adverse
medical events.
(C) Processes for ensuring program integrity by
identifying and resolving medical fraud and waste.
(D) Processes for coordinating care within and
between the direct and purchased care components of the
military health system.
(E) Procedures for administering the TRICARE
program.
(F) Processes for assessing and overseeing the
efficiency of clinical operations of military hospitals
and clinics, including access to care for covered
beneficiaries at such facilities.
(2) Additional information.--The reports submitted under
subsection (a) may include, if the Comptroller General considers
feasible--
(A) an estimate of the costs to the Department of
Defense relating to any waste or inefficiency identified
in the report; and
(B) such recommendations for action by the Secretary
of Defense as the Comptroller General considers
appropriate, including eliminating waste and
inefficiency in the direct and purchased care components
of the military health system.
[[Page 130 STAT. 2245]]
(c) Definitions.--In this section, the terms ``covered beneficiary''
and ``TRICARE program'' have the meaning given those terms in section
1072 of title 10, United States Code.
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.
[[Page 130 STAT. 2246]]
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.
[[Page 130 STAT. 2247]]
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.
Subtitle A--Acquisition Policy and Management
SEC. 801. RAPID ACQUISITION AUTHORITY AMENDMENTS.
Section 806 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) developed or procured under the rapid fielding or
rapid prototyping acquisition pathways under section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2302 note); and'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note).''; and
(3) in subsection (c)--
(A) in paragraph (2)(A)--
(i) by striking ``Whenever the Secretary'' and
inserting ``(i) Except as provided under clause
(ii), whenever the Secretary''; and
(ii) by adding at the end the following new
clause:
``(ii) Clause (i) does not apply to acquisitions initiated
in the case of a determination by the Secretary that funds are
necessary to immediately initiate a project under the rapid
fielding or rapid prototyping acquisition pathways under section
804 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2302 note) if the designated
[[Page 130 STAT. 2248]]
official for acquisitions using such pathways is the service
acquisition executive.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``or
upon the Secretary making a determination that
funds are necessary to immediately initiate a
project under the rapid fielding or rapid
prototyping acquisition pathways under section 804
of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
2302 note) based on a compelling national security
need,'' after ``of paragraph (1),'';
(ii) in subparagraph (B)--
(I) by striking ``The authority''
and inserting ``Except as provided under
subparagraph (C), the authority'';
(II) in clause (ii), by striking ``;
and'' and inserting a semicolon;
(III) in clause (iii), by striking
the period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following new clause:
``(iv) in the case of a determination by the
Secretary that funds are necessary to immediately
initiate a project under the rapid fielding or rapid
prototyping acquisition pathways under section 804 of
the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2302 note), in an
amount not more than $200,000,000 during any fiscal
year.''; and
(iii) by adding at the end the following new
subparagraph:
``(C) For each of fiscal years 2017 and 2018, the limits set
forth in clauses (i) and (ii) of subparagraph (B) do not apply
to the exercise of authority under such clauses provided that
the total amount of supplies and associated support services
acquired as provided under such subparagraph does not exceed
$800,000,000 during such fiscal year.'';
(C) in paragraph (4)--
(i) by redesignating subparagraphs (C), (D),
and (E) as subparagraphs (D), (E), and (F),
respectively; and
(ii) by inserting after subparagraph (B) the
following new subparagraph:
``(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately
initiate a project under the rapid fielding or rapid prototyping
acquisition pathways under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note), the Secretary shall notify the congressional
defense committees of the determination within 10 days after the
date of the use of such funds.''; and
(D) in paragraph (5)--
(i) by striking ``Any acquisition'' and
inserting ``(A) Any acquisition''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Subparagraph (A) does not apply to acquisitions
initiated in the case of a determination by the Secretary that
[[Page 130 STAT. 2249]]
funds are necessary to immediately initiate a project under the
rapid fielding or rapid prototyping acquisition pathways under
section 804 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note).''.
SEC. 802. AUTHORITY FOR TEMPORARY SERVICE OF PRINCIPAL MILITARY
DEPUTIES TO THE ASSISTANT SECRETARIES OF
THE MILITARY DEPARTMENTS FOR ACQUISITION
AS ACTING ASSISTANT SECRETARIES.
(a) Assistant Secretary of the Army for Acquisition, Logistics, and
Technology.--Section 3016(b)(5)(B) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``In the event
of a vacancy in the position of Assistant Secretary of the Army for
Acquisition, Logistics, and Technology, the Principal Military Deputy
may serve as Acting Assistant Secretary for a period of not more than
one year.''.
(b) Assistant Secretary of the Navy for Research, Development, and
Acquisition.--Section 5016(b)(4)(B) of such title is amended by adding
at the end the following new sentence: ``In the event of a vacancy in
the position of Assistant Secretary of the Navy for Research,
Development, and Acquisition, the Principal Military Deputy may serve as
Acting Assistant Secretary for a period of not more than one year.''.
(c) Assistant Secretary of the Air Force for Acquisition.--Section
8016(b)(4)(B) of such title is amended by adding at the end the
following new sentence: ``In the event of a vacancy in the position of
Assistant Secretary of the Air Force for Acquisition, the Principal
Military Deputy may serve as Acting Assistant Secretary for a period of
not more than one year.''.
SEC. 803. <<NOTE: 10 USC 2330 note.>> MODERNIZATION OF SERVICES
ACQUISITION.
(a) Review of Services Acquisition Categories.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall review and, if necessary, revise Department of Defense
Instruction 5000.74, dated January 5, 2016 (in this section referred to
as the ``Acquisition of Services Instruction''), and other guidance
pertaining to the acquisition of services. In conducting the review, the
Secretary shall examine--
(1) how the acquisition community should consider the
changing nature of the technology and professional services
markets, particularly the convergence of hardware and services;
and
(2) the services acquisition portfolio groups referenced in
the Acquisition of Services Instruction and other guidance in
order to ensure the portfolio groups are fully reflective of
changes to the technology and professional services market.
(b) <<NOTE: 10 USC 1741 note.>> Guidance Regarding Training and
Development of the Acquisition Workforce.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance addressing the training and development of the
Department of Defense workforce engaged in the procurement of
services, including those personnel not designated as members of
the acquisition workforce.
(2) Identification of training and professional development
opportunities and alternatives.--The guidance required under
paragraph (1) shall identify training and professional
development opportunities and alternatives, not
[[Page 130 STAT. 2250]]
limited to existing Department of Defense institutions, that
focus on and provide relevant training and professional
development in commercial business models and contracting.
(3) Treatment of training and professional development.--Any
training and professional development provided pursuant to this
subsection outside Department of Defense institutions shall be
deemed to be equivalent to similar training certified or
provided by the Defense Acquisition University.
SEC. 804. DEFENSE MODERNIZATION ACCOUNT AMENDMENTS.
(a) Funds Available for Account.--Section 2216(b)(1) of title 10,
United States Code, is amended by striking ``commencing''.
(b) Transfers to Account.--Section 2216(c) of such title is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``or the Secretary of Defense with
respect to Defense-wide appropriations accounts'' and
inserting ``, or the Secretary of Defense with respect
to Defense-wide appropriations accounts,''; and
(B) by striking ``that Secretary'' and inserting
``the Secretary concerned'';
(2) in paragraph (1)(B)--
(A) by inserting after ``following funds'' the
following: ``that have been appropriated for fiscal
years after fiscal year 2016 and are'';
(B) in clause (i)--
(i) by striking ``for procurement'' and
inserting ``for new obligations'';
(ii) by striking ``a particular procurement''
and inserting ``an acquisition program''; and
(iii) by striking ``that procurement'' and
inserting ``that program'';
(C) by striking clause (ii); and
(D) by redesignating clause (iii) as clause (ii);
(3) in paragraph (2)--
(A) by striking ``, other than funds referred to in
subparagraph (B)(iii) of such paragraph,''; and
(B) by striking ``if--'' and all that follows
through ``(B) the balance of funds'' and inserting ``if
the balance of funds'';
(4) in paragraph (3)--
(A) by striking ``credited to'' both places it
appears and inserting ``deposited in''; and
(B) by inserting ``and obligation'' after
``available for transfer''; and
(5) by striking paragraph (4).
(c) Authorized Use of Funds.--Section 2216(d) of such title is
amended--
(1) in paragraph (1)--
(A) by striking ``commencing''; and
(B) by striking ``Secretary of Defense'' and
inserting ``Secretary concerned'';
(2) in paragraph (2), by striking ``a procurement program''
and inserting ``an acquisition program'';
(3) by amending paragraph (3) to read as follows:
``(3) For research, development, test, and evaluation, for
procurement, and for sustainment activities necessary for paying
costs of unforeseen contingencies that are approved
[[Page 130 STAT. 2251]]
by the milestone decision authority concerned, that could
prevent an ongoing acquisition program from meeting critical
schedule or performance requirements.''; and
(4) by inserting at the end the following new paragraph:
``(4) For paying costs of changes to program requirements or
system configuration that are approved by the configuration
steering board for a major defense acquisition program.''.
(d) Limitations.--Section 2216(e) of such title is amended--
(1) in paragraph (1), by striking ``procurement program''
both places it appears and inserting ``acquisition program'';
and
(2) in paragraph (2), by striking ``authorized
appropriations'' and inserting ``authorized appropriations,
unless the procedures for initiating a new start program are
complied with''.
(e) Transfer of Funds.--Section 2216(f)(1) of such title is amended
by striking ``Secretary of Defense'' and inserting ``Secretary of a
military department, or the Secretary of Defense with respect to
Defense-wide appropriations accounts,''.
(f) Availability of Funds by Appropriation.--Section 2216(g) of such
title is amended--
(1) by striking ``in accordance with the provisions of
appropriations Acts''; and
(2) by adding at the end the following: ``Funds deposited in
the Defense Modernization Account shall remain available for
obligation until the end of the third fiscal year that follows
the fiscal year in which the amounts are deposited in the
account.''.
(g) Secretary to Act Through Comptroller.--Section 2216(h)(2) of
such title is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) the establishment and management of
subaccounts for each of the military departments and
Defense Agencies concerned for the use of funds in the
Defense Modernization Account, consistent with each
military department's or Defense Agency's deposits in
the Account;'';
(3) in subparagraph (C), as so redesignated, by inserting
``and subaccounts'' after ``Account''; and
(4) in subparagraph (D), as so redesignated, by striking
``subsection (c)(1)(B)(iii)'' and inserting ``subsection
(c)(1)(B)(ii)''.
(h) Definitions.--Paragraph (1) of section 2216(i) of such title is
amended to read as follows:
``(1) The term `major defense acquisition program' has the
meaning given the term in section 2430(a) of this title.''.
(j) Expiration of Authority.--Section 2216(j)(1) of such title is
amended by striking ``terminates at the close of September 30, 2006''
and inserting ``terminates at the close of September 30, 2022''.
[[Page 130 STAT. 2252]]
Subtitle B--Department of Defense Acquisition Agility
SEC. 805. MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF MAJOR
WEAPON SYSTEMS.
(a) Modular Open System Approach.--
(1) In general.--Part IV of subtitle A of title 10, United
States Code, <<NOTE: 10 USC 2446a prec.>> is amended by
inserting after chapter 144A the following new chapter:
``CHAPTER 144B--WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS
``Subchapter Sec.
``I. Modular Open System Approach in Development of Weapon Systems 2446a
``II. Development, Prototyping, and Deployment of Weapon System
Components and Technology......................................... 2447a
``III. Cost, Schedule, and Performance of Major Defense
Acquisition Programs.............................................. 2448a
``SUBCHAPTER <<NOTE: 10 USC 2446a prec.>> I--MODULAR OPEN SYSTEM
APPROACH IN DEVELOPMENT OF WEAPON SYSTEMS
``Sec.
``2446a. Requirement for modular open system approach in major defense
acquisition programs; definitions.
``2446b. Requirement to address modular open system approach in program
capabilities development and acquisition weapon system
design.
``2446c. Requirements relating to availability of major system
interfaces and support for modular open system approach.
``Sec. 2446a. <<NOTE: 10 USC 2446a.>> Requirement for modular
open system approach in major defense
acquisition programs; definitions
``(a) Modular Open System Approach Requirement.--A major defense
acquisition program that receives Milestone A or Milestone B approval
after January 1, 2019, shall be designed and developed, to the maximum
extent practicable, with a modular open system approach to enable
incremental development and enhance competition, innovation, and
interoperability.
``(b) Definitions.--In this chapter:
``(1) The term `modular open system approach' means, with
respect to a major defense acquisition program, an integrated
business and technical strategy that--
``(A) employs a modular design that uses major
system interfaces between a major system platform and a
major system component, between major system components,
or between major system platforms;
``(B) is subjected to verification to ensure major
system interfaces comply with, if available and
suitable, widely supported and consensus-based
standards;
``(C) uses a system architecture that allows
severable major system components at the appropriate
level to be incrementally added, removed, or replaced
throughout the life cycle of a major system platform to
afford opportunities for enhanced competition and
innovation while yielding--
``(i) significant cost savings or avoidance;
``(ii) schedule reduction;
[[Page 130 STAT. 2253]]
``(iii) opportunities for technical upgrades;
``(iv) increased interoperability, including
system of systems interoperability and mission
integration; or
``(v) other benefits during the sustainment
phase of a major weapon system; and
``(D) complies with the technical data rights set
forth in section 2320 of this title.
``(2) The term `major system platform' means the highest
level structure of a major weapon system that is not physically
mounted or installed onto a higher level structure and on which
a major system component can be physically mounted or installed.
``(3) The term `major system component'--
``(A) means a high level subsystem or assembly,
including hardware, software, or an integrated assembly
of both, that can be mounted or installed on a major
system platform through well-defined major system
interfaces; and
``(B) includes a subsystem or assembly that is
likely to have additional capability requirements, is
likely to change because of evolving technology or
threat, is needed for interoperability, facilitates
incremental deployment of capabilities, or is expected
to be replaced by another major system component.
``(4) The term `major system interface'--
``(A) means a shared boundary between a major system
platform and a major system component, between major
system components, or between major system platforms,
defined by various physical, logical, and functional
characteristics, such as electrical, mechanical,
fluidic, optical, radio frequency, data, networking, or
software elements; and
``(B) is characterized clearly in terms of form,
function, and the content that flows across the
interface in order to enable technological innovation,
incremental improvements, integration, and
interoperability.
``(5) The term `program capability document' means, with
respect to a major defense acquisition program, a document that
specifies capability requirements for the program, such as a
capability development document or a capability production
document.
``(6) The terms `program cost targets' and `fielding target'
have the meanings provided in section 2448a(a) of this title.
``(7) The term `major defense acquisition program' has the
meaning provided in section 2430 of this title.
``(8) The term `major weapon system' has the meaning
provided in section 2379(f) of this title.
``Sec. 2446b. <<NOTE: 10 USC 2446b.>> Requirement to address
modular open system approach in program
capabilities development and acquisition
weapon system design
``(a) Program Capability Document.--A program capability document
for a major defense acquisition program shall identify and
characterize--
``(1) the extent to which requirements for system
performance are likely to evolve during the life cycle of the
system
[[Page 130 STAT. 2254]]
because of evolving technology, threat, or interoperability
needs; and
``(2) for requirements that are expected to evolve, the
minimum acceptable capability that is necessary for initial
operating capability of the major defense acquisition program.
``(b) Analysis of Alternatives.--The Director of Cost Assessment and
Performance Evaluation, in formulating study guidance for analyses of
alternatives for major defense acquisition programs and performing such
analyses under section 139a(d)(4) of this title, shall ensure that any
such analysis for a major defense acquisition program includes
consideration of evolutionary acquisition, prototyping, and a modular
open system approach.
``(c) Acquisition Strategy.--In the case of a major defense
acquisition program that uses a modular open system approach, the
acquisition strategy required under section 2431a of this title shall--
``(1) clearly describe the modular open system approach to
be used for the program;
``(2) differentiate between the major system platform and
major system components being developed under the program, as
well as major system components developed outside the program
that will be integrated into the major defense acquisition
program;
``(3) clearly describe the evolution of major system
components that are anticipated to be added, removed, or
replaced in subsequent increments;
``(4) identify additional major system components that may
be added later in the life cycle of the major system platform;
``(5) clearly describe how intellectual property and related
issues, such as technical data deliverables, that are necessary
to support a modular open system approach, will be addressed;
and
``(6) clearly describe the approach to systems integration
and systems-level configuration management to ensure mission and
information assurance.
``(d) Request for Proposals.--The milestone decision authority for a
major defense acquisition program that uses a modular open system
approach shall ensure that a request for proposals for the development
or production phases of the program shall describe the modular open
system approach and the minimum set of major system components that must
be included in the design of the major defense acquisition program.
``(e) Milestone B.--A major defense acquisition program may not
receive Milestone B approval under section 2366b of this title until the
milestone decision authority determines in writing that--
``(1) in the case of a program that uses a modular open
system approach--
``(A) the program incorporates clearly defined major
system interfaces between the major system platform and
major system components, between major system
components, and between major system platforms;
``(B) such major system interfaces are consistent
with the widely supported and consensus-based standards
that exist at the time of the milestone decision, unless
such standards are unavailable or unsuitable for
particular major system interfaces; and
[[Page 130 STAT. 2255]]
``(C) the Government has arranged to obtain
appropriate and necessary intellectual property rights
with respect to such major system interfaces upon
completion of the development of the major system
platform; or
``(2) in the case of a program that does not use a modular
open system approach, that the use of a modular open system
approach is not practicable.
``Sec. 2446c. <<NOTE: 10 USC 2446c.>> Requirements relating to
availability of major system interfaces and
support for modular open system approach
``The Secretary of each military department shall--
``(1) coordinate with the other military departments, the
defense agencies, defense and other private sector entities,
national standards-setting organizations, and, when appropriate,
with elements of the intelligence community with respect to the
specification, identification, development, and maintenance of
major system interfaces and standards for use in major system
platforms, where practicable;
``(2) ensure that major system interfaces incorporate
commercial standards and other widely supported consensus-based
standards that are validated, published, and maintained by
recognized standards organizations to the maximum extent
practicable;
``(3) ensure that sufficient systems engineering and
development expertise and resources are available to support the
use of a modular open system approach in requirements
development and acquisition program planning;
``(4) ensure that necessary planning, programming, and
budgeting resources are provided to specify, identify, develop,
and sustain the modular open system approach, associated major
system interfaces, systems integration, and any additional
program activities necessary to sustain innovation and
interoperability; and
``(5) ensure that adequate training in the use of a modular
open system approach is provided to members of the requirements
and acquisition workforce.''.
(2) <<NOTE: 10 USC 101 prec., 2201 prec.>> Clerical
amendment.--The table of chapters for title 10, United States
Code, is amended by adding after the item relating to chapter
144A the following new item:
``144B. Weapon Systems Development and Related Matters..........2446a''.
(3) Conforming amendment.--Section 2366b(a)(3) of such title
is amended--
(A) by striking ``and'' at the end of subparagraph
(K); and
(B) by inserting after subparagraph (L) the
following new subparagraph:
``(M) the requirements of section 2446b(e) of this
title are met; and''.
(4) <<NOTE: 10 USC 2446a note.>> Effective date.--
Subchapter I of chapter 144B of title 10, United States Code, as
added by paragraph (1), shall take effect on January 1, 2017.
(b) Requirement to Include Modular Open System Approach in Selected
Acquisition Reports.--Section 2432(c)(1) of such title is amended--
(1) by striking ``and'' at the end of subparagraph (F);
[[Page 130 STAT. 2256]]
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) for each major defense acquisition program that
receives Milestone B approval after January 1, 2019, a brief
summary description of the key elements of the modular open
system approach as defined in section 2446a of this title or, if
a modular open system approach was not used, the rationale for
not using such an approach; and''.
SEC. 806. DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON
SYSTEM COMPONENTS OR TECHNOLOGY.
(a) Development, Prototyping, and Deployment of Weapon System
Components or Technology.--
(1) In general.--Chapter 144B of title 10, United States
Code, as added by section 805, is further amended by adding at
the end the following new subchapter:
``SUBCHAPTER <<NOTE: 10 USC 2447a prec.>> II--DEVELOPMENT, PROTOTYPING,
AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY
``Sec.
``2447a. Weapon system component or technology prototype projects:
display of budget information.
``2447b. Weapon system component or technology prototype projects:
oversight.
``2447c. Requirements and limitations for weapon system component or
technology prototype projects.
``2447d. Mechanisms to speed deployment of successful weapon system
component or technology prototypes.
``2447e. Definition of weapon system component.
``Sec. 2447a. <<NOTE: 10 USC 2447a.>> Weapon system component or
technology prototype projects: display of
budget information
``(a) Requirements for Budget Display.--In the defense budget
materials for any fiscal year after fiscal year 2017, the Secretary of
Defense shall, with respect to advanced component development and
prototype activities (within the research, development, test, and
evaluation budget), set forth the amounts requested for each of the
following:
``(1) Acquisition programs of record.
``(2) Development, prototyping, and experimentation of
weapon system components or other technologies, including those
based on commercial items and technologies, separate from
acquisition programs of record.
``(3) Other budget line items as determined by the Secretary
of Defense.
``(b) Additional Requirements.--For purposes of subsection (a)(2),
the amounts requested for development, prototyping, and experimentation
of weapon system components or other technologies shall be--
``(1) structured into either capability, weapon system
component, or technology portfolios that reflect the priority
areas for prototype projects; and
``(2) justified with general descriptions of the types of
capability areas and technologies being funded or expected to be
funded during the fiscal year concerned.
[[Page 130 STAT. 2257]]
``(c) Definitions.--In this section, the terms `budget' and `defense
budget materials' have the meaning given those terms in section 234 of
this title.
``Sec. 2447b. <<NOTE: 10 USC 2447b.>> Weapon system component or
technology prototype projects: oversight
``(a) Establishment.--The Secretary of each military department
shall establish an oversight board or identify a similar existing group
of senior advisors for managing prototype projects for weapon system
components and other technologies and subsystems, including the use of
funds for such projects, within the military department concerned.
``(b) Membership.--Each oversight board shall be comprised of senior
officials with--
``(1) expertise in requirements; research, development,
test, and evaluation; acquisition; sustainment; or other
relevant areas within the military department concerned;
``(2) awareness of technology development activities and
opportunities in the Department of Defense, industry, and other
sources; and
``(3) awareness of the component capability requirements of
major weapon systems, including scheduling and fielding goals
for such component capabilities.
``(c) Functions.--The functions of each oversight board are as
follows:
``(1) To issue a strategic plan every three years that
prioritizes the capability and weapon system component portfolio
areas for conducting prototype projects, based on assessments
of--
``(A) high priority warfighter needs;
``(B) capability gaps or readiness issues with major
weapon systems;
``(C) opportunities to incrementally integrate new
components into major weapon systems based on commercial
technology or science and technology efforts that are
expected to be sufficiently mature to prototype within
three years; and
``(D) opportunities to reduce operation and support
costs of major weapon systems.
``(2) To annually recommend funding levels for weapon system
component or technology development and prototype projects
across capability or weapon system component portfolios.
``(3) To annually recommend to the service acquisition
executive of the military department concerned specific weapon
system component or technology development and prototype
projects, subject to the requirements and limitations in section
2447c of this title.
``(4) To ensure projects are managed by experts within the
Department of Defense who are knowledgeable in research,
development, test, and evaluation and who are aware of
opportunities for incremental deployment of component
capabilities and other technologies to major weapon systems or
directly to support warfighting capabilities.
``(5) To ensure projects are conducted in a manner that
allows for appropriate experimentation and technology risk.
[[Page 130 STAT. 2258]]
``(6) To ensure projects have a plan for technology
transition of the prototype into a fielded system, program of
record, or operational use, as appropriate, upon successful
achievement of technical and project goals.
``(7) To ensure necessary technical, contracting, and
financial management resources are available to support each
project.
``(8) To submit to the congressional defense committees a
semiannual notification that includes the following:
``(A) each weapon system component or technology
prototype project initiated during the preceding six
months, including an explanation of each project and its
required funding.
``(B) the results achieved from weapon system
component prototype and technology projects completed
and tested during the preceding six months.
``Sec. 2447c. <<NOTE: 10 USC 2447c.>> Requirements and
limitations for weapon system component or
technology prototype projects
``(a) Limitation on Prototype Project Duration.--A prototype project
shall be completed within two years of its initiation.
``(b) Merit-based Selection Process.--A prototype project shall be
selected by the service acquisition executive of the military department
concerned through a merit-based selection process that identifies the
most promising, innovative, and cost-effective prototypes that address
one or more of the elements set forth in subsection (c)(1) of section
2447b of this title and are expected to be successfully demonstrated in
a relevant environment.
``(c) Type of Transaction.--Prototype projects shall be funded
through contracts, cooperative agreements, or other transactions.
``(d) Funding Limit.--(1) Each prototype project may not exceed a
total amount of $10,000,000 (based on fiscal year 2017 constant
dollars), unless--
``(A) the Secretary of the military department, or the
Secretary's designee, approves a larger amount of funding for
the project, not to exceed $50,000,000; and
``(B) the Secretary, or the Secretary's designee, submits to
the congressional defense committees, within 30 days after
approval of such funding for the project, a notification that
includes--
``(i) the project;
``(ii) expected funding for the project; and
``(iii) a statement of the anticipated outcome of
the project.
``(2) The Secretary of Defense may adjust the amounts (and the base
fiscal year) provided in paragraph (1) on the basis of Department of
Defense escalation rates.
``(e) Related Prototype Authorities.--Prototype projects that exceed
the duration and funding limits established in this section shall be
pursued under the rapid prototyping process established by section 804
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2302 note). In addition, nothing in this
subchapter shall affect the authority to carry out prototype projects
under section 2371b or any other section of this title related to
prototyping.
[[Page 130 STAT. 2259]]
``Sec. 2447d. <<NOTE: 10 USC 2447d.>> Mechanisms to speed
deployment of successful weapon system
component or technology prototypes
``(a) Selection of Prototype Project for Production and Rapid
Fielding.--A weapon system component or technology prototype project may
be selected by the service acquisition executive of the military
department concerned for a follow-on production contract or other
transaction without the use of competitive procedures, notwithstanding
the requirements of section 2304 of this title, if--
``(1) the follow-on production project addresses a high
priority warfighter need or reduces the costs of a weapon
system;
``(2) competitive procedures were used for the selection of
parties for participation in the original prototype project;
``(3) the participants in the original prototype project
successfully completed the requirements of the project; and
``(4) a prototype of the system to be procured was
demonstrated in a relevant environment.
``(b) Special Transfer Authority.--(1) The Secretary of a military
department may, as specified in advance by appropriations Acts, transfer
funds that remain available for obligation in procurement appropriation
accounts of the military department to fund the low-rate initial
production of the rapid fielding project until required funding for
full-rate production can be submitted and approved through the regular
budget process of the Department of Defense.
``(2) The funds transferred under this subsection to fund the low-
rate initial production of a rapid fielding project shall be for a
period not to exceed two years, the amount for such period may not
exceed $50,000,000, and the special transfer authority provided in this
subsection may not be used more than once to fund procurement of a
particular new or upgraded system.
``(3) The special transfer authority provided in this subsection is
in addition to any other transfer authority available to the Department
of Defense.
``(c) Notification to Congress.--Within 30 days after the service
acquisition executive of a military department selects a weapon system
component or technology project for a follow-on production contract or
other transaction, the service acquisition executive shall notify the
congressional defense committees of the selection and provide a brief
description of the rapid fielding project.
``Sec. 2447e. <<NOTE: 10 USC 2447e.>> Definition of weapon system
component
``In this subchapter, the term `weapon system component' has the
meaning given the term `major system component' in section 2446a of this
title.''.
(2) <<NOTE: 10 USC 2447a note.>> Effective date.--
Subchapter II of chapter 144B of title 10, United States Code,
as added by paragraph (1), shall take effect on January 1, 2017.
(b) Addition to Requirements Needed Before Milestone A Approval.--
Section 2366a(b) of such title is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7) the following new
paragraph (8):
``(8) that, with respect to a program initiated after
January 1, 2019, technology shall be developed in the program
(after
[[Page 130 STAT. 2260]]
Milestone A approval) only if the milestone decision authority
determines with a high degree of confidence that such
development will not delay the fielding target of the program,
or, if the milestone decision authority does not make such
determination for a major system component being developed under
the program, the milestone decision authority ensures that the
technology related to the major system component shall be
sufficiently matured and demonstrated in a relevant environment
(after Milestone A approval) separate from the program using the
prototyping authorities in subchapter II of chapter 144B of this
title or other authorities, as appropriate, and have an
effective plan for adoption or insertion by the relevant
program; and''.
SEC. 807. COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Cost, Schedule, and Performance of Major Defense Acquisition
Programs.--
(1) In general.--Chapter 144B of title 10, United States
Code, as added by section 805, <<NOTE: 10 USC 2448a prec.>> is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE
ACQUISITION PROGRAMS
``Sec.
``2448a. Program cost, fielding, and performance goals in planning major
defense acquisition programs.
``2448b. Independent technical risk assessments.
``Sec. 2448a. <<NOTE: 10 USC 2448a.>> Program cost, fielding, and
performance goals in planning major defense
acquisition programs
``(a) Program Cost and Fielding Targets.--(1) Before funds are
obligated for technology development, systems development, or production
of a major defense acquisition program, the Secretary of Defense shall
ensure, by establishing the goals described in paragraph (2), that the
milestone decision authority for the major defense acquisition program
approves a program that will--
``(A) be affordable;
``(B) incorporate program planning that anticipates the
evolution of capabilities to meet changing threats, technology
insertion, and interoperability; and
``(C) be fielded when needed.
``(2) The goals described in this paragraph are goals for--
``(A) the procurement unit cost and sustainment cost
(referred to in this section as the `program cost targets');
``(B) the date for initial operational capability (referred
to in this section as the `fielding target'); and
``(C) technology maturation, prototyping, and a modular open
system approach to evolve system capabilities and improve
interoperability.
``(b) Delegation.--The responsibilities of the Secretary of Defense
in subsection (a) may be delegated only to the Deputy Secretary of
Defense.
``(c) Definitions.--In this section:
``(1) The term `procurement unit cost' has the meaning
provided in section 2432(a)(2) of this title.
[[Page 130 STAT. 2261]]
``(2) The term `initial capabilities document' has the
meaning provided in section 2366a(d)(2) of this title.
``Sec. 2448b. <<NOTE: 10 USC 2448b.>> Independent technical risk
assessments
``(a) In General.--With respect to a major defense acquisition
program, the Secretary of Defense shall ensure that an independent
technical risk assessment is conducted--
``(1) before any decision to grant Milestone A approval for
the program pursuant to section 2366a of this title, that
identifies critical technologies and manufacturing processes
that need to be matured; and
``(2) before any decision to grant Milestone B approval for
the program pursuant to section 2366b of this title, any
decision to enter into low-rate initial production or full-rate
production, or at any other time considered appropriate by the
Secretary, that includes the identification of any critical
technologies or manufacturing processes that have not been
successfully demonstrated in a relevant environment.
``(b) Categorization of Technical Risk Levels.--The Secretary shall
issue guidance and a framework for categorizing the degree of technical
and manufacturing risk in a major defense acquisition program.''.
(2) <<NOTE: 10 USC 2448a note.>> Effective date.--
Subchapter III of chapter 144B of title 10, United States Code,
as added by paragraph (1), shall apply with respect to major
defense acquisition programs that reach Milestone A after
October 1, 2017.
(b) <<NOTE: 10 USC 2430 note.>> Modification of Milestone Decision
Authority.--Effective January 1, 2017, subsection (d) of section 2430 of
title 10, United States Code, as added by section 825(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 907), is amended--
(1) in paragraph (2)(A), by inserting ``subject to paragraph
(5),'' before ``the Secretary determines''; and
(2) by adding at the end the following new paragraph:
``(5) The authority of the Secretary of Defense to designate an
alternative milestone decision authority for a program with respect to
which the Secretary determines that the program is addressing a joint
requirement, as set forth in paragraph (2)(A), shall apply only for a
major defense acquisition program that reaches Milestone A after October
1, 2016, and before October 1, 2019.''.
(c) Adherence to Requirements in Major Defense Acquisition
Programs.--Section 2547 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Adherence to Requirements in Major Defense Acquisition
Programs.--The Secretary of the military department concerned shall
ensure that the program capability document supporting a Milestone B or
subsequent decision for a major defense acquisition program may not be
approved until the chief of the armed force concerned determines in
writing that the requirements in the document are necessary and
realistic in relation to the program cost and fielding targets
established under section 2448a(a) of this title.''; and
[[Page 130 STAT. 2262]]
(3) by adding at the end of subsection (d), as so
redesignated, the following new paragraph:
``(3) The term `program capability document' has the meaning
provided in section 2446a(b)(5) of this title.''.
(d) Amendment Relating to Determination Required Before Milestone A
Approval.--Section 2366a(b)(4) of title 10, United States Code, is
amended by inserting after ``areas of risk'' the following: ``,
including risks determined by the identification of critical
technologies required under section 2448b(a)(1) of this title or any
other risk assessment''.
(e) Amendment Relating to Certification Required Before Milestone B
Approval.--Section 2366b(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``assessment by the
Assistant Secretary'' and all that follows through ``Test and
Evaluation'' and inserting ``technical risk assessment conducted
under section 2448b of this title''; and
(2) in paragraph (3), as amended by section 805(a)(3)(B)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraphs (D) through (M)
as subparagraphs (E) through (N), respectively; and
(C) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) the estimated procurement unit cost for the
program and the estimated date for initial operational
capability for the baseline description for the program
(established under section 2435) do not exceed the
program cost and fielding targets established under
section 2448a(a) of this title, or, if such estimated
cost is higher than the program cost targets or if such
estimated date is later than the fielding target, the
program cost targets have been increased or the fielding
target has been delayed by the Secretary of Defense
after a request for such increase or delay by the
milestone decision authority;''.
SEC. 808. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Milestone A Report.--
(1) In general.--Section 2366a(c) of title 10, United States
Code, is amended to read as follows:
``(c) Submissions to Congress on Milestone A.--
``(1) Brief summary report.--Not later than 15 days after
granting Milestone A approval for a major defense acquisition
program, the milestone decision authority for the program shall
provide to the congressional defense committees and, in the case
of intelligence or intelligence-related activities, the
congressional intelligence committees a brief summary report
that contains the following elements:
``(A) The program cost and fielding targets
established by the Secretary of Defense under section
2448a(a) of this title.
``(B) The estimated cost and schedule for the
program established by the military department
concerned, including--
``(i) the dollar values estimated for the
program acquisition unit cost and total life-cycle
cost; and
[[Page 130 STAT. 2263]]
``(ii) the planned dates for each program
milestone and initial operational capability.
``(C) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this
title, and any independent estimated schedule for the
program, including--
``(i) as assessment of the major contributors
to the program acquisition unit cost and total
life-cycle cost; and
``(ii) the planned dates for each program
milestone and initial operational capability.
``(D) A summary of the technical or manufacturing
risks associated with the program, as determined by the
military department concerned, including identification
of any critical technologies or manufacturing processes
that need to be matured.
``(E) A summary of the independent technical risk
assessment conducted or approved under section 2448b of
this title, including identification of any critical
technologies or manufacturing processes that need to be
matured.
``(F) A summary of any sufficiency review conducted
by the Director of Cost Assessment and Program
Evaluation of the analysis of alternatives performed for
the program (as referred to in section 2366a(b)(6) of
this title).
``(G) Any other information the milestone decision
authority considers relevant.
``(2) Additional information.--(A) At the request of any of
the congressional defense committees or, in the case of
intelligence or intelligence-related activities, the
congressional intelligence committees, the milestone decision
authority shall submit to the committee an explanation of the
basis for a determination made under subsection (b) with respect
to a major defense acquisition program, together with a copy of
the written determination, or further information or underlying
documentation for the information in a brief summary report
submitted under paragraph (1), including the independent cost
and schedule estimates and the independent technical risk
assessments referred to in that paragraph.
``(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.''.
(2) Definitions.--Section 2366a(d) of such title is amended
by adding at the end the following new paragraphs:
``(8) The term `fielding target' has the meaning given that
term in section 2448a(a) of this title.
``(9) The term `major system component' has the meaning
given that term in section 2446a(b)(3) of this title.
``(10) The term `congressional intelligence committees' has
the meaning given that term in section 437(c) of this title.''.
(b) Milestone B Report.--
(1) In general.--Section 2366b(c) of title 10, United States
Code, is amended to read as follows:
``(c) Submissions to Congress on Milestone B.--
``(1) Brief summary report.--Not later than 15 days after
granting Milestone B approval for a major defense acquisition
program, the milestone decision authority for the program shall
provide to the congressional defense committees and, in the
[[Page 130 STAT. 2264]]
case of intelligence or intelligence-related activities, the
congressional intelligence committees a brief summary report
that contains the following elements:
``(A) The program cost and fielding targets
established by the Secretary of Defense under section
2448a(a) of this title.
``(B) The estimated cost and schedule for the
program established by the military department
concerned, including--
``(i) the dollar values estimated for the
program acquisition unit cost, average procurement
unit cost, and total life-cycle cost; and
``(ii) the planned dates for each program
milestone, initial operational test and
evaluation, and initial operational capability.
``(C) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this
title, and any independent estimated schedule for the
program, including--
``(i) the dollar values and ranges estimated
for the program acquisition unit cost, average
procurement unit cost, and total life-cycle cost;
and
``(ii) the planned dates for each program
milestone, initial operational test and
evaluation, and initial operational capability.
``(D) A summary of the technical and manufacturing
risks associated with the program, as determined by the
military department concerned, including identification
of any critical technologies or manufacturing processes
that have not been successfully demonstrated in a
relevant environment.
``(E) A summary of the independent technical risk
assessment conducted or approved under section 2448b of
this title, including identification of any critical
technologies or manufacturing processes that have not
been successfully demonstrated in a relevant
environment.
``(F) A statement of whether a modular open system
approach is being used for the program.
``(G) Any other information the milestone decision
authority considers relevant.
``(2) Certifications and determinations.--(A) The
certifications and determination under subsection (a) with
respect to a major defense acquisition program shall be
submitted to the congressional defense committees with the first
Selected Acquisition Report submitted under section 2432 of this
title after completion of the certification.
``(B) The milestone decision authority shall retain records
of the basis for the certifications and determination under
paragraphs (1), (2), and (3) of subsection (a).
``(3) Additional information.--(A) At the request of any of
the congressional defense committees or, in the case of
intelligence or intelligence-related activities, the
congressional intelligence committees, the milestone decision
authority shall submit to the committee an explanation of the
basis for the certifications and determination under paragraphs
(1), (2), and (3) of subsection (a) with respect to a major
defense acquisition program or further information or underlying
documentation
[[Page 130 STAT. 2265]]
for the information in a brief summary report submitted under
paragraph (1), including the independent cost and schedule
estimates and the independent technical risk assessments
referred to in that paragraph.
``(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.''.
(2) Definitions.--Section 2366b(g) of such title is amended
by adding at the end the following new paragraphs:
``(6) The term `fielding target' has the meaning given that
term in section 2448a(a) of this title.
``(7) The term `major system component' has the meaning
given that term in section 2446a(b)(3) of this title.
``(8) The term `congressional intelligence committees' has
the meaning given that term in section 437(c) of this title.''.
(c) Milestone C Report.--
(1) In general.--Chapter 139 of such title is amended by
inserting after section 2366b the following new section:
``Sec. 2366c. <<NOTE: 10 USC 2366c.>> Major defense acquisition
programs: submissions to Congress on Milestone
C
``(a) Brief Summary Report.--Not later than 15 days after granting
Milestone C approval for a major defense acquisition program, the
milestone decision authority for the program shall provide to the
congressional defense committees and, in the case of intelligence or
intelligence-related activities, the congressional intelligence
committees a brief summary report that contains the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost,
and total life-cycle cost; and
``(B) the planned dates for initial operational test
and evaluation and initial operational capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this title, and
any independent estimated schedule for the program, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost,
and total life-cycle cost; and
``(B) the planned dates for initial operational test
and evaluation and initial operational capability.
``(3) A summary of any production, manufacturing, and
fielding risks associated with the program.
``(b) Additional Information.--At the request of any of the
congressional defense committees or, in the case of intelligence or
intelligence-related activities, the congressional intelligence
committees, the milestone decision authority shall submit to the
committee further information or underlying documentation for the
information in a brief summary report submitted under subsection (a),
including the independent cost and schedule estimates and the
independent technical risk assessments referred to in that subsection.
``(c) Congressional Intelligence Committees Defined.--In this
section, the term `congressional intelligence committees' has the
meaning given that term in section 437(c) of this title.''.
[[Page 130 STAT. 2266]]
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC 2351 prec.>> is amended
by inserting after the item relating to section 2366b the
following new item:
``2366c. Major defense acquisition programs: submissions to Congress on
Milestone C.''.
SEC. 809. AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS.
(a) Rights Relating to Item or Process Developed Exclusively at
Private Expense.--Subsection (a)(2)(C)(iii) of section 2320 of title 10,
United States Code, is amended by inserting after ``or process data''
the following: ``, including such data pertaining to a major system
component''.
(b) Rights Relating to Interface or Major System Interface.--
Subsection (a)(2) of section 2320 of such title is further amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (H) and (I), respectively;
(2) in subparagraph (B), by striking ``Except as provided in
subparagraphs (C) and (D),'' and inserting ``Except as provided
in subparagraphs (C), (D), and (G),'';
(3) in subparagraph (D)(i)(II), by striking ``is necessary''
and inserting ``is a release, disclosure, or use of technical
data pertaining to an interface between an item or process and
other items or processes necessary'';
(4) in subparagraph (E)--
(A) by striking ``In the case'' and inserting
``Except as provided in subparagraphs (F) and (G), in
the case''; and
(B) by striking ``negotiations). The United States
shall have'' and all that follows through ``such
negotiated rights shall'' and inserting the following:
``negotiations) and shall be based on negotiations
between the United States and the contractor, except in
any case in which the Secretary of Defense determines,
on the basis of criteria established in the regulations,
that negotiations would not be practicable. The
establishment of such rights shall''; and
(5) by inserting after subparagraph (E) the following new
subparagraphs (F) and (G):
``(F) Interfaces developed with mixed funding.--
Notwithstanding subparagraph (E), the United States shall have
government purpose rights in technical data pertaining to an
interface between an item or process and other items or
processes that was developed in part with Federal funds and in
part at private expense, except in any case in which the
Secretary of Defense determines, on the basis of criteria
established in the regulations, that negotiation of different
rights in such technical data would be in the best interest of
the United States.
``(G) Major system interfaces developed exclusively at
private expense or with mixed funding.--Notwithstanding
subparagraphs (B) and (E), the United States shall have
government purpose rights in technical data pertaining to a
major system interface developed exclusively at private expense
or in part with Federal funds and in part at private expense and
used in a modular open system approach pursuant to section 2446a
of this title, except in any case in which
[[Page 130 STAT. 2267]]
the Secretary of Defense determines that negotiation of
different rights in such technical data would be in the best
interest of the United States. Such major system interface shall
be identified in the contract solicitation and the contract. For
technical data pertaining to a major system interface developed
exclusively at private expense for which the United States
asserts government purpose rights, the Secretary of Defense
shall negotiate with the contractor the appropriate and
reasonable compensation for such technical data.''.
(c) Amendment Relating to Deferred Ordering.--Subsection (b)(9) of
section 2320 of such title is amended--
(1) by striking ``at any time'' and inserting ``, until the
date occurring six years after acceptance of the last item
(other than technical data) under a contract or the date of
contract termination, whichever is later,'';
(2) by striking ``or utilized in the performance of a
contract'' and inserting ``in the performance of the contract'';
and
(3) by striking clause (ii) of subparagraph (B) and
inserting the following:
``(ii) is described in subparagraphs
(D)(i)(II), (F), and (G) of subsection (a)(2);
and''.
(d) Definitions.--Section 2320 of such title is further amended--
(1) in subsection (f), by inserting ``Covered Government
Support Contractor Defined.--'' before ``In this section''; and
(2) by adding at the end the following new subsection:
``(g) Additional Definitions.--In this section, the terms `major
system component', `major system interface', and `modular open system
approach' have the meanings provided in section 2446a of this title.''.
(e) Amendments to Add Certain Headings for Readability.--Section
2320(a) of such title is further amended--
(1) in subparagraph (A) of paragraph (2), by inserting after
``(A)'' the following: ``Development exclusively with federal
funds.--'';
(2) in subparagraph (B) of such paragraph, by inserting
after ``(B)'' the following: ``Development exclusively at
private expense.--'';
(3) in subparagraph (C) of such paragraph, by inserting
after ``(C)'' the following: ``Exception to subparagraph (b).--
'';
(4) in subparagraph (D) of such paragraph, by inserting
after ``(D)'' the following: ``Exception to subparagraph (b).--
''; and
(5) in subparagraph (E) of such paragraph, by inserting
after ``(E)'' the following: ``Development with mixed funding.--
''.
(f) Government-industry Advisory Panel Amendments.--Section 813(b)
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 892) is amended--
(1) by adding at the end of paragraph (1) the following:
``The panel shall develop recommendations for changes to
sections 2320 and 2321 of title 10, United States Code, and the
regulations implementing such sections.'';
(2) in paragraph (3)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
[[Page 130 STAT. 2268]]
(B) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) Ensuring that the Department of Defense and
Department of Defense contractors have the technical
data rights necessary to support the modular open system
approach requirement set forth in section 2446a of title
10, United States Code, taking into consideration the
distinct characteristics of major system platforms,
major system interfaces, and major system components
developed exclusively with Federal funds, exclusively at
private expense, and with a combination of Federal funds
and private expense.''; and
(3) by amending paragraph (4) to read as follows:
``(4) Final report.--Not later than February 1, 2017, the
advisory panel shall submit its final report and recommendations
to the Secretary of Defense and the congressional defense
committees. Not later than 60 days after receiving the report,
the Secretary shall submit any comments or recommendations to
the congressional defense committees.''.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRACTUAL
ACTIONS.
Section 2326 of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(B) by inserting ``(1)'' before ``The head''; and
(C) by adding at the end the following new
paragraph:
``(2) If a contractor submits a qualifying proposal to definitize an
undefinitized contractual action and the contracting officer for such
action definitizes the contract after the end of the 180-day period
beginning on the date on which the contractor submitted the qualifying
proposal, the head of the agency concerned shall ensure that the profit
allowed on the contract accurately reflects the cost risk of the
contractor as such risk existed on the date the contractor submitted the
qualifying proposal.'';
(2) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(3) by inserting after subsection (e) the following new
subsections:
``(f) Time Limit.--No undefinitized contractual action may extend
beyond 90 days without a written determination by the Secretary of the
military department concerned, the head of the Defense Agency concerned,
the commander of the combatant command concerned, or the Under Secretary
of Defense for Acquisition, Technology, and Logistics (as applicable)
that it is in the best interests of the military department, the Defense
Agency, the combatant command, or the Department of Defense,
respectively, to continue the action.
``(g) Foreign Military Contracts.--(1) Except as provided in
paragraph (2), a contracting officer of the Department of Defense
[[Page 130 STAT. 2269]]
may not enter into an undefinitized contractual action for a foreign
military sale unless the contractual action provides for agreement upon
contractual terms, specifications, and price by the end of the 180-day
period described in subsection (b)(1)(A).
``(2) The requirement under paragraph (1) may be waived in
accordance with subsection (b)(4).''; and
(4) in subsection (i), as redesignated by paragraph (2)--
(A) in paragraph (1)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B), (C),
and (D) as subparagraphs (A), (B), and (C),
respectively; and
(B) in paragraph (2), by striking ``complete and
meaningful audits'' and all that follows through the
period and inserting ``a meaningful audit of the
information contained in the proposal.''.
SEC. 812. AMENDMENTS RELATING TO INVENTORY AND TRACKING OF
PURCHASES OF SERVICES.
(a) Increased Threshold.--Subsection (a) of section 2330a of title
10, United States Code, is amended by striking ``in excess of the
simplified acquisition threshold'' and inserting ``in excess of
$3,000,000''.
(b) Specification of Services.--Subsection (a) of such section is
further amended by striking the period at the end and inserting the
following: ``, for services in the following service acquisition
portfolio groups:
``(1) Logistics management services.
``(2) Equipment related services.
``(3) Knowledge-based services.
``(4) Electronics and communications services.''.
(c) Inventory Summary.--Subsection (c) of such section is amended--
(1) by striking ``(c) Inventory.--'' and inserting ``(c)
Inventory Summary.--''; and
(2) in paragraph (1), by striking ``submit to Congress an
annual inventory'' and all that follows through ``for or on
behalf'' and inserting ``prepare an annual inventory, and submit
to Congress a summary of the inventory, of activities performed
during the preceding fiscal year pursuant to staff augmentation
contracts on behalf''.
(d) Elimination of Certain Requirements.--Such section is further
amended--
(1) by striking subsections (d), (g), and (h); and
(2) by redesignating subsections (e), (f), (i), and (j) as
subsections (d), (e), (g), and (h), respectively.
(e) Specification of Services to Be Reviewed.--Subsection (d), as so
redesignated, of such section, is amended in paragraph (1) by inserting
after ``responsible'' the following: ``, with particular focus and
attention on the following categories of high-risk product service codes
(also referred to as Federal supply codes):
``(A) Special studies or analysis that is not
research and development.
``(B) Information technology and telecommunications.
``(C) Support, including professional,
administrative, and management.''.
[[Page 130 STAT. 2270]]
(f) Comptroller General Report.--Such section is further amended by
inserting after subsection (e), as so redesignated, the following new
subsection (f):
``(f) Comptroller General Report.--Not later than March 31, 2018,
the Comptroller General of the United States shall submit to the
congressional defense committees a report on the status of the data
collection required in subsection (a) and an assessment of the efforts
by the Department of Defense to implement subsection (e).''.
(g) Definitions.--Subsection (h), as so redesignated, of such
section is amended by adding at the end the following new paragraphs:
``(6) The term `service acquisition portfolio groups' means
the groups identified in Department of Defense Instruction
5000.74, Defense Acquisition of Services (January 5, 2016) or
successor guidance.
``(7) The term `staff augmentation contracts' means services
contracts for personnel who are physically present in a
Government work space on a full-time or permanent part-time
basis, for the purpose of advising on, providing support to, or
assisting a Government agency in the performance of the agency's
missions, including authorized personal services contracts (as
that term is defined in section 2330a(g)(5) of this title).''.
SEC. 813. <<NOTE: 10 USC 2305 note.>> USE OF LOWEST PRICE
TECHNICALLY ACCEPTABLE SOURCE SELECTION
PROCESS.
(a) Statement of Policy.--It shall be the policy of the Department
of Defense to avoid using lowest price technically acceptable source
selection criteria in circumstances that would deny the Department the
benefits of cost and technical tradeoffs in the source selection
process.
(b) Revision of Defense Federal Acquisition Regulation Supplement.--
Not later than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall revise the Defense Federal Acquisition
Regulation Supplement to require that, for solicitations issued on or
after the date that is 120 days after the date of the enactment of this
Act, lowest price technically acceptable source selection criteria are
used only in situations in which--
(1) the Department of Defense is able to comprehensively and
clearly describe the minimum requirements expressed in terms of
performance objectives, measures, and standards that will be
used to determine acceptability of offers;
(2) the Department of Defense would realize no, or minimal,
value from a contract proposal exceeding the minimum technical
or performance requirements set forth in the request for
proposal;
(3) the proposed technical approaches will require no, or
minimal, subjective judgment by the source selection authority
as to the desirability of one offeror's proposal versus a
competing proposal;
(4) the source selection authority has a high degree of
confidence that a review of technical proposals of offerors
other than the lowest bidder would not result in the
identification of factors that could provide value or benefit to
the Department;
[[Page 130 STAT. 2271]]
(5) the contracting officer has included a justification for
the use of a lowest price technically acceptable evaluation
methodology in the contract file; and
(6) the Department of Defense has determined that the lowest
price reflects full life-cycle costs, including for operations
and support.
(c) Avoidance of Use of Lowest Price Technically Acceptable Source
Selection Criteria in Certain Procurements.--To the maximum extent
practicable, the use of lowest price technically acceptable source
selection criteria shall be avoided in the case of a procurement that is
predominately for the acquisition of--
(1) information technology services, cybersecurity services,
systems engineering and technical assistance services, advanced
electronic testing, audit or audit readiness services, or other
knowledge-based professional services;
(2) personal protective equipment; or
(3) knowledge-based training or logistics services in
contingency operations or other operations outside the United
States, including in Afghanistan or Iraq.
(d) Reporting.--Not later than December 1, 2017, and annually
thereafter for three years, the Comptroller General of the United States
shall submit to the congressional defense committees a report on the
number of instances in which lowest price technically acceptable source
selection criteria is used for a contract exceeding $10,000,000,
including an explanation of how the situations listed in subsection (b)
were considered in making a determination to use lowest price
technically acceptable source selection criteria.
SEC. 814. <<NOTE: 10 USC 2302 note.>> PROCUREMENT OF PERSONAL
PROTECTIVE EQUIPMENT.
(a) Limitation.--Not later than 90 days after the date of the
enactment of this Act, the Defense Federal Acquisition Regulation
Supplement shall be revised--
(1) to prohibit the use by the Department of Defense of
reverse auctions or lowest price technically acceptable
contracting methods for the procurement of personal protective
equipment if the level of quality or failure of the item could
result in combat casualties; and
(2) to establish a preference for the use of best value
contracting methods for the procurement of such equipment.
(b) Conforming Amendment.--Section 884 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
948; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 815. AMENDMENTS RELATED TO DETECTION AND AVOIDANCE OF
COUNTERFEIT ELECTRONIC PARTS.
Section 818 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 10 U.S.C. 2302 note) is amended--
(1) in paragraph (3) of subsection (c)--
(A) by striking the heading and inserting
``Suppliers meeting anticounterfeiting requirements.--
'';
(B) in subparagraph (A)(i), by striking ``trusted
suppliers in accordance with regulations issued pursuant
to subparagraph (C) or (D) who'' and inserting
``suppliers that meet anticounterfeiting requirements in
accordance with regulations issued pursuant to
subparagraph (C) or (D) and that'';
[[Page 130 STAT. 2272]]
(C) in subparagraphs (A)(ii) and (A)(iii), by
striking ``trusted suppliers'' each place it appears and
inserting ``suppliers that meet anticounterfeiting
requirements'';
(D) in subparagraph (C), by striking ``as trusted
suppliers those'' and inserting ``suppliers'';
(E) in subparagraph (D) in the matter preceding
clause (i), by striking ``trusted suppliers'' and
inserting ``suppliers that meet anticounterfeiting
requirements''; and
(F) in subparagraphs (D)(i) and (D)(iii), by
striking ``trusted'' each place it appears; and
(2) in subsection (e)(2)(A)(v), by striking ``use of trusted
suppliers'' and inserting ``the use of suppliers that meet
applicable anticounterfeiting requirements''.
SEC. 816. AMENDMENTS TO SPECIAL EMERGENCY PROCUREMENT AUTHORITY.
Section 1903(a) of title 41, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding after paragraph (2) the following new
paragraphs:
``(3) in support of a request from the Secretary of State or
the Administrator of the United States Agency for International
Development to facilitate the provision of international
disaster assistance pursuant to chapter 9 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or
``(4) in support of an emergency or major disaster (as those
terms are defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)).''.
SEC. 817. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR
FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF
THE ARMED FORCES UPON THEIR INITIAL ENTRY
INTO THE ARMED FORCES.
Section 418 of title 37, United States Code, is amended by adding at
the end the following new subsection:
``(d)(1) In the case of athletic footwear needed by members of the
Army, Navy, Air Force, or Marine Corps upon their initial entry into the
armed forces, the Secretary of Defense shall furnish such footwear
directly to the members instead of providing a cash allowance to the
members for the purchase of such footwear.
``(2) In procuring athletic footwear to comply with paragraph (1),
the Secretary of Defense shall--
``(A) procure athletic footwear that complies with the
requirements of section 2533a of title 10, without regard to the
applicability of any simplified acquisition threshold under
chapter 137 of title 10 (or any other provision of law); and
``(B) procure additional athletic footwear, for two years
following the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017, that is necessary to
provide a member described in paragraph (1) with sufficient
choices in athletic shoes so as to minimize the incidence of
athletic injuries and potential unnecessary harm and risk to the
safety and well-being of members in initial entry training.
[[Page 130 STAT. 2273]]
``(3) This subsection does not prohibit the provision of a cash
allowance to a member described in paragraph (1) for the purchase of
athletic footwear if such footwear--
``(A) is medically required to meet unique physiological
needs of the member; and
``(B) cannot be met with athletic footwear that complies
with the requirements of this subsection.''.
SEC. 818. EXTENSION OF AUTHORITY FOR ENHANCED TRANSFER OF
TECHNOLOGY DEVELOPED AT DEPARTMENT OF
DEFENSE LABORATORIES.
Section 801(e) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 804; 10 U.S.C. 2514 note) is
amended by striking ``2017'' and inserting ``2021''.
SEC. 819. MODIFIED NOTIFICATION REQUIREMENT FOR EXERCISE OF WAIVER
AUTHORITY TO ACQUIRE VITAL NATIONAL
SECURITY CAPABILITIES.
Subsection (d) of section 806 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is
amended to read as follows:
``(d) Notification Requirement.--Not later than 10 days after
exercising the waiver authority under subsection (a), the Secretary of
Defense shall provide a written notification to Congress providing the
details of the waiver and the expected benefits it provides to the
Department of Defense.''.
SEC. 820. DEFENSE COST ACCOUNTING STANDARDS.
(a) Amendments to the Cost Accounting Standards Board.--
(1) In general.--Section 1501 of title 41, United States
Code, is amended--
(A) in subsection (b)(1)(B)(ii), by inserting ``and,
if possible, is a representative of a public accounting
firm'' after ``systems'';
(B) by redesignating subsections (c) through (f) as
subsections (f) through (i), respectively;
(C) by inserting after subsection (b) the following
new subsections:
``(c) Duties.--The Board shall--
``(1) ensure that the cost accounting standards used by
Federal contractors rely, to the maximum extent practicable, on
commercial standards and accounting practices and systems;
``(2) within one year after the date of enactment of this
subsection, and on an ongoing basis thereafter, review any cost
accounting standards established under section 1502 of this
title and conform such standards, where practicable, to
Generally Accepted Accounting Principles; and
``(3) annually review disputes involving such standards
brought to the boards established in section 7105 of this title
or Federal courts, and consider whether greater clarity in such
standards could avoid such disputes.
``(d) Meetings.--The Board shall meet not less than once each
quarter and shall publish in the Federal Register notice of each meeting
and its agenda before such meeting is held.
``(e) Report.--The Board shall annually submit a report to the
congressional defense committees, the Committee on Oversight and
Government Reform of the House of Representatives, and the
[[Page 130 STAT. 2274]]
Committee on Homeland Security and Governmental Affairs of the Senate
describing the actions taken during the prior year--
``(1) to conform the cost accounting standards established
under section 1502 of this title with Generally Accepted
Accounting Principles; and
``(2) to minimize the burden on contractors while protecting
the interests of the Federal Government.''; and
(D) by amending subsection (f) (as so redesignated)
to read as follows:
``(f) Senior Staff.--The Administrator, after consultation with the
Board--
``(1) without regard to the provisions of title 5 governing
appointments in the competitive service--
``(A) shall appoint an executive secretary; and
``(B) may appoint, or detail pursuant to section
3341 of title 5, two additional staff members; and
``(2) may pay those employees without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5 relating to classification and General Schedule pay
rates, except that those employees may not receive pay in excess
of the maximum rate of basic pay payable for level IV of the
Executive Schedule.''.
(2) Value of contracts eligible for waiver.--Section
1502(b)(3)(A) of title 41, United States Code, is amended by
striking ``$15,000,000'' and inserting ``$100,000,000''.
(3) Conforming amendments.--Section 1501(i) of title 41,
United States Code (as redesignated by paragraph (1)), is
amended--
(A) in paragraph (1), by striking ``subsection
(e)(1)'' and inserting ``subsection (h)(1)''; and
(B) in paragraph (3), by striking ``subsection
(e)(2)'' and inserting ``subsection (h)(2)''.
(b) Defense Cost Accounting Standards Board.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 190. <<NOTE: 10 USC 190.>> Defense Cost Accounting
Standards Board
``(a) Organization.--The Defense Cost Accounting Standards Board is
an independent board in the Office of the Secretary of Defense.
``(b) Membership.--(1) The Board consists of seven members. One
member is the Chief Financial Officer of the Department of Defense or a
designee of the Chief Financial Officer, who serves as Chairman. The
other six members, all of whom shall have experience in contract
pricing, finance, or cost accounting, are as follows:
``(A) Three representatives of the Department of Defense
appointed by the Secretary of Defense; and
``(B) Three individuals from the private sector, each of
whom is appointed by the Secretary of Defense, and--
``(i) one of whom is a representative of a
nontraditional defense contractor (as defined in section
2302(9) of this title); and
``(ii) one of whom is a representative from a public
accounting firm.
[[Page 130 STAT. 2275]]
``(2) A member appointed under paragraph (1)(A) may not continue to
serve after ceasing to be an officer or employee of the Department of
Defense.
``(c) Duties of the Chairman.--The Chief Financial Officer of the
Department of Defense, after consultation with the Defense Cost
Accounting Standards Board, shall prescribe rules and procedures
governing actions of the Board under this section.
``(d) Duties.--The Defense Cost Accounting Standards Board--
``(1) shall review cost accounting standards established
under section 1502 of title 41 and recommend changes to such
cost accounting standards to the Cost Accounting Standards Board
established under section 1501 of such title;
``(2) has exclusive authority, with respect to the
Department of Defense, to implement such cost accounting
standards to achieve uniformity and consistency in the standards
governing measurement, assignment, and allocation of costs to
contracts with the Department of Defense; and
``(3) shall develop standards to ensure that commercial
operations performed by Government employees at the Department
of Defense adhere to cost accounting standards (based on cost
accounting standards established under section 1502 of title 41
or Generally Accepted Accounting Principles) that inform
managerial decisionmaking.
``(e) Compensation.--(1) Members of the Defense Cost Accounting
Standards Board who are officers or employees of the Department of
Defense shall not receive additional compensation for services but shall
continue to be compensated by the Department of Defense.
``(2) Each member of the Board appointed from the private sector
shall receive compensation at a rate not to exceed the daily equivalent
of the rate for level IV of the Executive Schedule for each day
(including travel time) in which the member is engaged in the actual
performance of duties vested in the Board.
``(3) While serving away from home or regular place of business,
Board members and other individuals serving on an intermittent basis
shall be allowed travel expenses in accordance with section 5703 of
title 5.
``(f) Auditing Requirements.--(1) Notwithstanding any other
provision of law, contractors with the Department of Defense may
present, and the Defense Contract Audit Agency shall accept without
performing additional audits, a summary of audit findings prepared by a
commercial auditor if--
``(A) the auditor previously performed an audit of the
allowability, measurement, assignment to accounting periods, and
allocation of indirect costs of the contractor; and
``(B) such audit was performed using relevant commercial
accounting standards (such as Generally Accepted Accounting
Principles) and relevant commercial auditing standards
established by the commercial auditing industry for the relevant
accounting period.
``(2) The Defense Contract Audit Agency may audit direct costs of
Department of Defense cost contracts and shall rely on commercial audits
of indirect costs without performing additional audits, except that in
the case of companies or business units that have a predominance of
cost-type contracts as a percentage of sales, the Defense Contract Audit
Agency may audit both direct and indirect costs.''.
[[Page 130 STAT. 2276]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title <<NOTE: 10 USC 171
prec.>> is amended by adding after the item relating to section
189 the following new item:
``190. Defense Cost Accounting Standards Board.''.
(c) Report.--Not later than December 31, 2019, the Comptroller
General of the United States shall submit to the congressional defense
committees a report on the adequacy of the method used by the Cost
Accounting Standards Board established under section 1501 of title 41,
United States Code, to apply cost accounting standards to indirect and
fixed price incentive contracts.
(d) <<NOTE: 10 USC 190 note.>> Effective Date.--The amendments made
by this section shall take effect on October 1, 2018.
SEC. 821. INCREASED MICRO-PURCHASE THRESHOLD APPLICABLE TO
DEPARTMENT OF DEFENSE PROCUREMENTS.
(a) Increased Micro-purchase Threshold.--Chapter 137 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2338. <<NOTE: 10 USC 2338.>> Micro-purchase threshold
``Notwithstanding subsection (a) of section 1902 of title 41, the
micro-purchase threshold for the Department of Defense for purposes of
such section is $5,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 2301 prec.>> is amended by adding at the end
the following new item:
``2338. Micro-purchase threshold.''.
SEC. 822. ENHANCED COMPETITION REQUIREMENTS.
Section 2306a of title 10, United States Code, is amended--
(1) in subsection (a)(1)(A), by inserting ``that is only
expected to receive one bid'' after ``entered into using
procedures other than sealed-bid procedures''; and
(2) in subsection (b)--
(A) in paragraph (1)(A)(i), by striking ``price
competition'' and inserting ``competition that results
in at least two or more responsive and viable competing
bids''; and
(B) by adding at the end the following new
paragraph:
``(6) Determination by prime contractor.--A prime contractor
required to submit certified cost or pricing data under
subsection (a) with respect to a prime contract shall be
responsible for determining whether a subcontract under such
contract qualifies for an exception under paragraph (1)(A) from
such requirement.''.
SEC. 823. REVISION TO EFFECTIVE DATE OF SENIOR EXECUTIVE BENCHMARK
COMPENSATION FOR ALLOWABLE COST
LIMITATIONS.
(a) Repeal of Retroactive Applicability.--Section 803(c) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1485; 10 U.S.C. 2324 note) is amended by striking
``amendments made by'' and all that follows and inserting ``amendments
made by this section shall apply with respect to costs of compensation
incurred after January 1, 2012, under contracts entered into on or after
December 31, 2011.''.
[[Page 130 STAT. 2277]]
(b) <<NOTE: 10 USC 2324 note.>> Applicability.--The amendment made
by subsection (a) shall take effect as of December 31, 2011, and shall
apply as if included in the National Defense Authorization Act for
Fiscal Year 2012 as enacted.
SEC. 824. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOPMENT COSTS
ON CERTAIN CONTRACTS.
(a) Independent Research and Development Costs: Allowable Costs.--
(1) In general.--Section 2372 of title 10, United States
Code, is amended to read as follows:
``Sec. 2372. Independent research and development costs: allowable
costs
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations governing the payment by the Department of Defense of
expenses incurred by contractors for independent research and
development costs. Such regulations shall provide that expenses incurred
for independent research and development shall be reported independently
from other allowable indirect costs.
``(b) Costs Treated as Fair and Reasonable, and Allowable,
Expenses.--The regulations prescribed under subsection (a) shall provide
that independent research and development costs shall be considered a
fair and reasonable, and allowable, indirect expense on Department of
Defense contracts.
``(c) Additional Controls.--Subject to subsection (d), the
regulations prescribed under subsection (a) may include the following
provisions:
``(1) Controls on the reimbursement of costs to the
contractor for expenses incurred for independent research and
development to ensure that such costs were incurred for
independent research and development.
``(2) Implementation of regular methods for transmission--
``(A) from the Department of Defense to contractors,
in a reasonable manner, of timely and comprehensive
information regarding planned or expected needs of the
Department of Defense for future technology and advanced
capability; and
``(B) from contractors to the Department of Defense,
in a reasonable manner, of information regarding
progress by the contractor on the independent research
and development programs of the contractor.
``(d) Limitations on Regulations.--Regulations prescribed under
subsection (a) may not include provisions that would infringe on the
independence of a contractor to choose which technologies to pursue in
its independent research and development program if the chief executive
officer of the contractor determines that expenditures will advance the
needs of the Department of Defense for future technology and advanced
capability as transmitted pursuant to subsection (c)(3)(A).
``(e) Effective Date.--The regulations prescribed under subsection
(a) shall apply to indirect costs incurred on or after October 1,
2017.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 <<NOTE: 10 USC 2351 prec.>> is amended
by striking the item relating to section 2372 and inserting the
following new item:
``2372. Independent research and development costs: allowable costs''.
[[Page 130 STAT. 2278]]
(b) Bid and Proposal Costs: Allowable Costs.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2372 the following
new section:
``Sec. 2372a. <<NOTE: 10 USC 2372a.>> Bid and proposal costs:
allowable costs
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations governing the payment by the Department of Defense of
expenses incurred by contractors for bid and proposal costs. Such
regulations shall provide that expenses incurred for bid and proposal
costs shall be reported independently from other allowable indirect
costs.
``(b) Costs Allowable as Indirect Expenses.--The regulations
prescribed under subsection (a) shall provide that bid and proposal
costs shall be allowable as indirect expenses on covered contracts, as
defined in section 2324(l) of this title, to the extent that those costs
are allocable, reasonable, and not otherwise unallowable by law or under
the Federal Acquisition Regulation.
``(c) Goal for Reimbursable Bid and Proposal Costs.--The Secretary
shall establish a goal each fiscal year limiting the amount of
reimbursable bid and proposal costs paid by the Department of Defense to
an amount equal to not more than one percent of the total aggregate
industry sales to the Department of Defense. To achieve such goal, the
Secretary may not limit the payment of allowable bid and proposal costs
for the covered year.
``(d) Panel.--(1) If the Department of Defense exceeds the goal
established under subsection (c) for a fiscal year, within 180 days
after exceeding the goal, the Secretary shall establish an advisory
panel. The panel shall be supported by the Defense Acquisition
University and the National Defense University, including administrative
support.
``(2) The panel shall be composed of nine individuals who are
recognized experts in acquisition and procurement policy appointed by
the Secretary. In making such appointments, the Secretary shall ensure
that the members of the panel reflect diverse experiences in the public
and private sector.
``(3) The panel shall review laws, regulations, and practices that
contribute to the expenses incurred by contractors for bids and
proposals in the fiscal year concerned and recommend changes to such
laws, regulations, and practices that may reduce expenses incurred by
contractors for bids and proposals.
``(4)(A) Not later than six months after the establishment of the
panel, the panel shall submit to the Secretary and the congressional
defense committees an interim report on the findings of the panel.
``(B) Not later than one year after the establishment of the
panel, the panel shall submit to the Secretary and the
congressional defense committees a final report on the findings
of the panel.
``(5) The panel shall terminate on the day the panel submits the
final report under paragraph (4)(B).
``(6) The Secretary of Defense may use amounts available in the
Department of Defense Acquisition Workforce Development Fund established
under section 1705 of this title to support the activities of the panel
established under this subsection.
[[Page 130 STAT. 2279]]
``(e) Effective Date.--The regulations prescribed under subsection
(a) shall apply to indirect costs incurred on or after October 1,
2017.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title <<NOTE: 10 USC 2351
prec.>> is amended by inserting the following new item:
``2372a. Bid and proposal costs: allowable costs''.
(c) Report on Elements Contributing to Expenses Incurred by
Contractors for Bids and Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with an independent entity to study the laws,
regulations, and practices relating to expenses incurred by
contractors for bids and proposals.
(2) Report.--Not later than 180 days after receipt of the
contract required by paragraph (1), the independent entity shall
submit to the Department of Defense and the congressional
defense committees a report on the laws, regulations, or
practices relating to expenses incurred by contractors for bids
and recommendations for changes to such laws, regulations, or
practices that may reduce expenses incurred by contractors for
bids and proposals.
(d) Defense Contract Audit Agency: Annual Report.--
(1) In general.--Subsection (a) of section 2313a of title
10, United States Code, is amended--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (3) the following
new paragraphs:
``(3) a summary, set forth separately by dollar amount and
percentage, of indirect costs for independent research and
development incurred by contractors in the previous fiscal year;
``(4) a summary, set forth separately by dollar amount and
percentage, of indirect costs for bid and proposal costs
incurred by contractors in the previous fiscal year;''.
(2) <<NOTE: 10 USC 2313a note.>> Effective date.--The
amendments made by this subsection shall take effect on October
1, 2018.
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.
(a) Exception to Requirement to Include Cost or Price as Factor.--
Section 2305(a)(3) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``(except as
provided in subparagraph (C))'' after ``shall''; and
(B) in clause (ii), by inserting ``(except as
provided in subparagraph (C))'' after ``shall''; and
(2) by adding at the end the following new subparagraphs:
``(C) If the head of an agency issues a solicitation for
multiple task or delivery order contracts under section
2304a(d)(1)(B) of this title for the same or similar services
and intends to make a contract award to each qualifying
offeror--
[[Page 130 STAT. 2280]]
``(i) cost or price to the Federal Government need
not, at the Government's discretion, be considered under
clause (ii) of subparagraph (A) as an evaluation factor
for the contract award; and
``(ii) if, pursuant to clause (i), cost or price to
the Federal Government is not considered as an
evaluation factor for the contract award--
``(I) the disclosure requirement of clause
(iii) of subparagraph (A) shall not apply; and
``(II) cost or price to the Federal Government
shall be considered in conjunction with the
issuance pursuant to section 2304c(b) of this
title of a task or delivery order under any
contract resulting from the solicitation.
``(D) In subparagraph (C), the term `qualifying offeror'
means an offeror that--
``(i) is determined to be a responsible source;
``(ii) submits a proposal that conforms to the
requirements of the solicitation; and
``(iii) the contracting officer has no reason to
believe would likely offer other than fair and
reasonable pricing.
``(E) Subparagraph (C) shall not apply to multiple task or
delivery order contracts if the solicitation provides for sole
source task or delivery order contracts pursuant to section 8(a)
of the Small Business Act (15 U.S.C. 637(a)).''.
(b) Amendment to Procedures Relating to Orders Under Multiple-award
Contracts.--Section 2304c(b) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(5) the task or delivery order satisfies one of the
exceptions in section 2304(c) of this title to the requirement
to use competitive procedures.''.
SEC. 826. EXTENSION OF PROGRAM FOR COMPREHENSIVE SMALL BUSINESS
CONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2027''.
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.
Section 2350a(g) of title 10, United States Code, is amended by
inserting after paragraph (2) the following new paragraph:
``(3) The use of side-by-side testing under this subsection may be
considered to be the use of competitive procedures for purposes of
chapter 137 of this title, when procuring items within 5 years after an
initial determination that the items have been successfully tested and
found to satisfy United States military requirements or to correct
operational deficiencies.''.
[[Page 130 STAT. 2281]]
SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMENDMENTS.
(a) Expansion of Scope To Include Systems-of-systems and
Functions.--Paragraph (2) of subsection (a) of section 2359b of title
10, United States Code, is amended by striking ``or system'' and all
that follows through the end of the paragraph and inserting the
following: ``system, or system-of-systems level of an existing
Department of Defense acquisition program, or to address any broader
functional challenge to Department of Defense missions that may not fall
within an acquisition program, that would result in improvements in
performance, affordability, manufacturability, or operational capability
of that acquisition program or function.''.
(b) Treatment of Challenge Proposal Procedures as Use of Competitive
Procedures.--Such section is further amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Treatment of Use of Certain Procedures as Use of Competitive
Procedures.--The use of general solicitation competitive procedures
established under subsection (c) shall be considered to be the use of
competitive procedures for purposes of chapter 137 of this title.''.
(c) Extension of Sunset for Pilot Program for Programs Other Than
Major Defense Acquisition Programs.--Such section is further amended in
paragraph (5) of subsection (l), as redesignated by subsection (b)(1) of
this subsection, by striking ``2016'' and inserting ``2021''.
(d) Conforming Amendments.--Such section is further amended--
(1) in subsection (c)(3), by inserting ``or functions''
after ``acquisition programs'';
(2) in subsection (c)(4)(A)--
(A) by striking ``and'' at the end of clause (i);
(B) by striking the period at the end of clause (ii)
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) any functional challenges of importance to
Department of Defense missions.'';
(3) in subsection (c)(5), by adding at the end the following
new subparagraph:
``(D) Whether the challenge proposal is likely to
result in improvements to any functional challenges of
importance to Department of Defense missions, and
whether the proposal could be implemented rapidly, at an
acceptable cost, and without unacceptable disruption to
such missions.''; and
(4) in subsection (c)(5)(B) and in subsection (e)(1), by
striking ``or system'' and inserting ``system, or system-of-
systems''.
SEC. 829. <<NOTE: 10 USC 2306 note.>> PREFERENCE FOR FIXED-PRICE
CONTRACTS.
(a) Establishment of Preference.--Not later than 180 days after the
date of the enactment of this Act, the Defense Federal Acquisition
Regulation Supplement shall be revised to establish a preference for
fixed-price contracts, including fixed-price incentive fee contracts, in
the determination of contract type.
[[Page 130 STAT. 2282]]
(b) Approval Requirement for Certain Cost-type Contracts.--
(1) In general.--A contracting officer of the Department of
Defense may not enter into a cost-type contract described in
paragraph (2) unless the contract is approved by the service
acquisition executive of the military department concerned, the
head of the Defense Agency concerned, the commander of the
combatant command concerned, or the Under Secretary of Defense
for Acquisition, Technology, and Logistics (as applicable).
(2) Covered contracts.--A contract described in this
paragraph is--
(A) a cost-type contract in excess of $50,000,000,
in the case of a contract entered into on or after
October 1, 2018, and before October 1, 2019; and
(B) a cost-type contract in excess of $25,000,000,
in the case of a contract entered into on or after
October 1, 2019.
SEC. 830. <<NOTE: 10 USC 2762 note.>> REQUIREMENT TO USE FIRM
FIXED-PRICE CONTRACTS FOR FOREIGN MILITARY
SALES.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations to require the use of firm fixed-price contracts for foreign
military sales.
(b) Exceptions.--The regulations prescribed pursuant to subsection
(a) shall include exceptions that may be exercised if the foreign
country that is the counterparty to a foreign military sale--
(1) has established in writing a preference for a different
contract type; or
(2) requests in writing that a different contract type be
used for a specific foreign military sale.
(c) Waiver Authority.--The regulations prescribed pursuant to
subsection (a) shall include a waiver that may be exercised by the
Secretary of Defense or his designee if the Secretary or his designee
determines on a case-by-case basis that a different contract type is in
the best interest of the United States and American taxpayers.
(d) Pilot Program for Acceleration of Foreign Military Sales.--
(1) In general.--The Secretary of Defense shall establish a
pilot program to reform and accelerate the contracting and
pricing processes associated with full rate production of major
weapon systems for no more than 10 foreign military sales
contracts by--
(A) basing price reasonableness determinations on
actual cost and pricing data for purchases of the same
product for the Department of Defense; and
(B) reducing the cost and pricing data to be
submitted in accordance with section 2306a of title 10,
United States Code.
(2) Expiration of authority.--Authority for the pilot
program under this subsection expires on January 1, 2020.
SEC. 831. PREFERENCE FOR PERFORMANCE-BASED CONTRACT PAYMENTS.
(a) In General.--Section 2307(b) of title 10, United States Code, is
amended--
[[Page 130 STAT. 2283]]
(1) in the subsection heading, by inserting ``Preference
for'' before ``Performance-based'';
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(3) by striking ``Wherever practicable, payment under
subsection (a) shall be made'' and inserting ``(1) Whenever
practicable, payments under subsection (a) shall be made using
performance-based payments''; and
(4) by adding at the end the following new paragraphs:
``(2) Performance-based payments shall not be conditioned upon costs
incurred in contract performance but on the achievement of performance
outcomes listed in paragraph (1).
``(3) The Secretary of Defense shall ensure that nontraditional
defense contractors and other private sector companies are eligible for
performance-based payments, consistent with best commercial practices.
``(4)(A) In order to receive performance-based payments, a
contractor's accounting system shall be in compliance with Generally
Accepted Accounting Principles, and there shall be no requirement for a
contractor to develop Government-unique accounting systems or practices
as a prerequisite for agreeing to receive performance-based payments.
``(B) Nothing in this section shall be construed to grant the
Defense Contract Audit Agency the authority to audit compliance with
Generally Accepted Accounting Principles.''.
(b) <<NOTE: 10 USC 2307 note.>> Regulations.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Federal Acquisition
Regulation Supplement to conform with section 2307(b) of title 10,
United States Code, as amended by subsection (a).
SEC. 832. <<NOTE: 10 USC 1746 note.>> CONTRACTOR INCENTIVES TO
ACHIEVE SAVINGS AND IMPROVE MISSION
PERFORMANCE.
Not later than 180 days after the date of the enactment of this Act,
the Defense Acquisition University shall develop and implement a
training program for Department of Defense acquisition personnel on
fixed-priced incentive fee contracts, public-private partnerships,
performance-based contracting, and other authorities in law and
regulation designed to give incentives to contractors to achieve long-
term savings and improve administrative practices and mission
performance.
SEC. 833. SUNSET AND REPEAL OF CERTAIN CONTRACTING PROVISIONS.
(a) Sunsets.--
(1) Plantations and farms: operation, maintenance, and
improvement.--Section 2421 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Sunset.--The authority under this section shall terminate on
September 30, 2018.''.
(2) Requirement to establish cost, performance, and schedule
goals for major defense acquisition programs and each phase of
related acquisition cycles.--Section 2220 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Sunset.--The authority under this section shall terminate on
September 30, 2018.''.
[[Page 130 STAT. 2284]]
(b) Repeals.--
(1) Limitation on use of operation and maintenance funds for
purchase of investment items.--
(A) In general.--Section 2245a of title 10, United
States Code, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of subchapter I of chapter 134 <<NOTE: 10
USC 2241 prec.>> of such title is amended by striking
the item relating to section 2245a.
(C) Conforming amendment.--Section 166a(e)(1)(A) of
such title is amended by striking ``the investment unit
cost threshold in effect under section 2245a of this
title'' and inserting ``$250,000''.
(2) Information technology purchases: tracking and
management.--
(A) In general.--Section 2225 of title 10, United
States Code, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 131 of such title <<NOTE: 10
USC 2201 prec.>> is amended by striking the item
relating to section 2225.
(C) Conforming amendments.--
(i) Section 812 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001 (Public Law 106-393; 114 Stat. 1654A-213; 10
U.S.C. 2225 note) is amended by striking
subsections (b) and (c).
(ii) Section 2330a(j) of title 10, United
States Code, is amended--
(I) by striking paragraph (2);
(II) by redesignating paragraphs
(3), (4), and (5) as paragraphs (2),
(3), and (4), respectively; and
(III) by adding at the end the
following new paragraphs:
``(5) Simplified acquisition threshold.--The term
`simplified acquisition threshold' has the meaning given the
term in section 134 of title 41.
``(6) Small business act definitions.--
``(A) The term `small business concern' has the
meaning given such term under section 3 of the Small
Business Act (15 U.S.C. 632).
``(B) The terms `small business concern owned and
controlled by socially and economically disadvantaged
individuals' and `small business concern owned and
controlled by women' have the meanings given such terms,
respectively, in section 8(d)(3) of the Small Business
Act (15 U.S.C. 637(d)(3)).''.
(iii) Section 222(d) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law
112-81; 10 U.S.C. 2358 note) is amended by
striking ``as defined in section 2225(f)(3)'' and
inserting ``as defined in section 2330a(j)''.
(3) Procurement of copier paper containing specified
percentages of post-consumer recycled content.--
(A) In general.--Section 2378 of title 10, United
States Code, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 140 of such title <<NOTE: 10
USC 2375 prec.>> is amended by striking the item
relating to section 2378.
[[Page 130 STAT. 2285]]
(4) Limitation on procurement of table and kitchen equipment
for officers' quarters.--
(A) In general.--Section 2387 of title 10, United
States Code, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 141 of such title <<NOTE: 10
USC 2381 prec.>> is amended by striking the item
relating to section 2387.
(5) Implementation of electronic commerce capability.--
(A) Repeal.--
(i) Section 2302c of title 10, United States
Code, is repealed.
(ii) Section 2301 of title 41, United States
Code, is amended by adding at the end the
following new subsection:
``(f) Inapplicability to Department of Defense.--In this section,
the term `executive agency' does not include the Department of
Defense.''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 137 of such title <<NOTE: 10
USC 2301 prec.>> is amended by striking the item
relating to section 2302c.
SEC. 834. <<NOTE: 10 USC 1701a note.>> FLEXIBILITY IN CONTRACTING
AWARD PROGRAM.
(a) Establishment of Award Program.--The Secretary of Defense shall
create an award to recognize those acquisition programs and
professionals that make the best use of the flexibilities and
authorities granted by the Federal Acquisition Regulation and Department
of Defense Instruction 5000.02 (Operation of the Defense Acquisition
System).
(b) Purpose of Award.--The award established under subsection (a)
shall recognize outstanding performers whose approach to program
management emphasizes innovation and local adaptation, including the use
of--
(1) simplified acquisition procedures;
(2) inherent flexibilities within the Federal Acquisition
Regulation;
(3) commercial contracting approaches;
(4) public-private partnership agreements and practices;
(5) cost-sharing arrangements;
(6) innovative contractor incentive practices; and
(7) other innovative implementations of acquisition
flexibilities.
SEC. 835. PROTECTION OF TASK ORDER COMPETITION.
(a) Amendment to Value of Authorized Task Order Protests.--Section
2304c(e)(1)(B) of title 10, United States Code, is amended by striking
``$10,000,000'' and inserting ``$25,000,000''.
(b) Repeal of Effective Date.--Section 4106(f) of title 41, United
States Code, is amended by striking paragraph (3).
SEC. 836. <<NOTE: 10 USC 2302 note.>> CONTRACT CLOSEOUT
AUTHORITY.
(a) Authority.--The Secretary of Defense may close out a contract or
group of contracts as described in subsection (b) through the issuance
of one or more modifications to such contracts without completing a
reconciliation audit or other corrective action. To accomplish closeout
of such contracts--
(1) remaining contract balances may be offset with balances
in other contract line items within a contract regardless of
[[Page 130 STAT. 2286]]
the year or type of appropriation obligated to fund each
contract line item and regardless of whether the appropriation
for such contract line item has closed; and
(2) remaining contract balances may be offset with balances
on other contracts regardless of the year or type of
appropriation obligated to fund each contract and regardless of
whether the appropriation has closed.
(b) Covered Contracts.--This section covers any contract or group of
contracts between the Department of Defense and a defense contractor,
each one of which--
(1) was entered into prior to fiscal year 2000;
(2) has no further supplies or services deliverables due
under the terms and conditions of the contract; and
(3) is determined by the Secretary of Defense to be not
otherwise reconcilable because--
(A) the records have been destroyed or lost; or
(B) the records are available but the Secretary of
Defense has determined that the time or effort required
to determine the exact amount owed to the United States
Government or amount owed to the contractor is
disproportionate to the amount at issue.
(c) Negotiated Settlement Authority.--Any contract or group of
contracts covered by this section may be closed out through a negotiated
settlement with the contractor.
(d) Waiver Authority.--
(1) In general.--The Secretary of Defense is authorized to
waive any provision of acquisition law or regulation to carry
out the authority under subsection (a).
(2) Notification requirement.--The Secretary of Defense
shall notify the congressional defense committees not later than
10 days after exercising the authority under subsection (d). The
notice shall include an identification of each provision of law
or regulation waived.
(e) Adjustment and Closure of Records.--After closeout of any
contract described in subsection (b) using the authority under this
section, the payment or accounting offices concerned may adjust and
close any open finance and accounting records relating to the contract.
(f) No Liability.--No liability shall attach to any accounting,
certifying, or payment official, or any contracting officer, for any
adjustments or closeout made pursuant to the authority under this
section.
(g) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of the authority under this section.
SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS.
(a) Authority.--The Secretary of the Navy may close out contracts
described in subsection (b) through the issuance of one or more
modifications to such contracts without completing further
reconciliation audits or corrective actions other than those described
in this section. To accomplish closeout of such contracts--
(1) remaining contract balances may be offset with balances
in other contract line items within a contract regardless of the
year or type of appropriation obligated to fund each contract
line item and regardless of whether the appropriation for such
contract line item has closed; and
[[Page 130 STAT. 2287]]
(2) remaining contract balances may be offset with balances
on other contracts regardless of the year or type of
appropriation obligated to fund each contract and regardless of
whether the appropriation has closed.
(b) Contracts Covered.--The contracts covered by this section are a
group of contracts that are with one contractor and identified by the
Secretary, each one of which is a contract--
(1) to design, construct, repair, or support the
construction or repair of Navy submarines that--
(A) was entered into between fiscal years 1974 and
1998; and
(B) has no further supply or services deliverables
due under the terms and conditions of the contract;
(2) with respect to which the Secretary of the Navy has
established the total final contract value; and
(3) with respect to which the Secretary of the Navy has
determined that the final allowable cost may have a negative or
positive unliquidated obligation balance for which it would be
difficult to determine the year or type of appropriation
because--
(A) the records for the contract have been destroyed
or lost; or
(B) the records for the contract are available but
the contracting officer, in collaboration with the
certifying official, has determined that a discrepancy
is of such a minimal value that the time and effort
required to determine the cause of an out-of-balance
condition is disproportionate to the amount of the
discrepancy.
(c) Closeout Terms.--The contracts described in subsection (b) may
be closed out--
(1) upon receipt of $581,803 from the contractor to be
deposited into the Treasury as miscellaneous receipts;
(2) without seeking further amounts from the contractor; and
(3) without payment to the contractor of any amounts that
may be due under any such contracts.
(d) Waiver Authority.--
(1) In general.--The Secretary of the Navy is authorized to
waive any provision of acquisition law or regulation to carry
out the authority under subsection (a).
(2) Notification requirement.--The Secretary of the Navy
shall notify the congressional defense committees not later than
10 days after exercising the authority under paragraph (1). The
notice shall include an identification of each provision of law
or regulation waived.
(e) Adjustment and Closure of Records.--After closeout of any
contract described in subsection (b) using the authority under this
section, the payment or accounting offices concerned may adjust and
close any open finance and accounting records relating to the contract.
(f) No Liability.--No liability shall attach to any accounting,
certifying, or payment official or contracting officer for any
adjustments or closeout made pursuant to the authority under this
section.
(g) Expiration of Authority.--The authority under this section shall
expire upon receipt of the funds identified in subsection (c)(1).
[[Page 130 STAT. 2288]]
Subtitle D--Provisions Relating to Major Defense Acquisition Programs
SEC. 841. CHANGE IN DATE OF SUBMISSION TO CONGRESS OF SELECTED
ACQUISITION REPORTS.
Section 2432(f) of title 10, United States Code, is amended by
striking ``45'' the first place it occurs and inserting ``30''.
SEC. 842. AMENDMENTS RELATING TO INDEPENDENT COST ESTIMATION AND
COST ANALYSIS.
(a) Amendments.--Section 2334 of title 10, United States Code, is
amended--
(1) in subsection (a)(3), by striking ``selection of
confidence levels'' both places it appears and inserting
``discussion of risk'';
(2) in subsection (a)(6)--
(A) by inserting ``or approve'' after ``conduct'';
(B) by striking ``major defense acquisition
programs'' and all that follows through ``Authority--''
and inserting ``all major defense acquisition programs
and major subprograms--''; and
(C) in subparagraph (B), by striking ``or upon the
request'' and all that follows through the semicolon at
the end and inserting ``, upon the request of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, or upon the request of the milestone decision
authority'';
(3) by redesignating subsections (b), (c), (d), (e), and (f)
as subsections (c), (d), (e), (f), and (h), respectively;
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Independent Cost Estimate Required Before Approval.--(1) A
milestone decision authority may not approve entering a milestone phase
of a major defense acquisition program or major subprogram unless an
independent cost estimate has been conducted or approved by the Director
of Cost Assessment and Program Evaluation and considered by the
milestone decision authority that--
``(A) for the technology maturation and risk reduction
phase, includes the identification and sensitivity analysis of
key cost drivers that may affect life-cycle costs of the program
or subprogram; and
``(B) for the engineering and manufacturing development
phase, or production and deployment phase, includes a cost
estimate of the full life-cycle cost of the program or
subprogram.
``(2) The regulations governing the content and submission of
independent cost estimates required by subsection (a) shall require that
the independent cost estimate of the full life-cycle cost of a program
or subprogram include--
``(A) all costs of development, procurement, military
construction, operations and support, and trained manpower to
operate, maintain, and support the program or subprogram upon
full operational deployment, without regard to funding source or
management control; and
``(B) an analysis to support decisionmaking that identifies
and evaluates alternative courses of action that may reduce
[[Page 130 STAT. 2289]]
cost and risk, and result in more affordable programs and less
costly systems.'';
(5) in subsection (d), as so redesignated, in paragraph (3),
by striking ``confidence level'' and inserting ``discussion of
risk'';
(6) in subsection (e), as so redesignated--
(A) by amending the subsection heading to read as
follows: ``Discussion of Risk in Cost Estimates.--'';
(B) by amending paragraph (1) to read as follows:
``(1) issue guidance requiring a discussion of risk, the
potential impacts of risk on program costs, and approaches to
mitigate risk in cost estimates for major defense acquisition
programs and major subprograms;'';
(C) in paragraph (2)--
(i) by striking ``such confidence level
provides'' and inserting ``cost estimates are
developed, to the extent practicable, based on
historical actual cost information that is based
on demonstrated contractor and Government
performance and that such estimates provide''; and
(ii) by inserting ``or subprogram'' after
``the program''; and
(D) in paragraph (3), by striking ``disclosure
required by paragraph (1)'' and inserting ``information
required in the guidance under paragraph (1)''; and
(7) by inserting after subsection (f), as so redesignated,
the following new subsection:
``(g) Guidelines and Collection of Cost Data.--(1) The Director of
Cost Assessment and Program Evaluation shall, in consultation with the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
develop policies, procedures, guidance, and a collection method to
ensure that quality acquisition cost data are collected to facilitate
cost estimation and comparison across acquisition programs.
``(2) The program manager and contracting officer for each
acquisition program in an amount greater than $100,000,000, in
consultation with the cost estimating component of the relevant military
department or Defense Agency, shall ensure that cost data are collected
in accordance with the requirements of paragraph (1).
``(3) The requirement under paragraph (1) may be waived only by the
Director of Cost Assessment and Program Evaluation.''.
(b) Conforming Amendments to Add Subprograms.--Section 2334 of such
title is further amended--
(1) in subsection (a)(2), by inserting ``or major
subprogram'' before ``under chapter 144'';
(2) in paragraphs (3), (4), and (5) of subsection (a) and in
subsection (c)(1) (as redesignated by subsection (a) of this
section), by striking ``major defense acquisition programs and
major automated information system programs'' and inserting
``major defense acquisition programs and major subprograms''
each place it appears;
(3) in paragraphs (1) and (2) of subsection (d) (as so
redesignated), and in subsection (f)(4) (as so redesignated), by
striking ``major defense acquisition program or major automated
information system program'' and inserting ``major defense
acquisition program or major subprogram'' each place it appears;
[[Page 130 STAT. 2290]]
(4) in subsection (d)(4) (as so redesignated), by inserting
before the period ``or major subprogram'';
(5) in subsection (e)(3)(B) (as so redesignated), by
inserting ``or major subprogram'' after ``major defense
acquisition program''; and
(6) in subsection (f)(3) (as so redesignated), by striking
``major defense acquisition program and major automated
information system program'' and inserting ``major defense
acquisition program and major subprogram''.
(c) Repeal.--Chapter 144 of such title is amended--
(1) by striking section 2434; and
(2) <<NOTE: 10 USC 2430 prec.>> in the table of sections at
the beginning of such chapter, by striking the item relating to
such section.
SEC. 843. REVISIONS TO MILESTONE B DETERMINATIONS.
Section 2366b(a)(3) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``acquisition cost in''
and all that follows through the semicolon, and inserting
``life-cycle cost;''; and
(2) in subparagraph (D), by striking ``funding is'' and all
that follows through ``made,'' and inserting ``funding is
expected to be available to execute the product development and
production plan for the program,''.
SEC. 844. REVIEW AND REPORT ON SUSTAINMENT PLANNING IN THE
ACQUISITION PROCESS.
(a) Requirement for Review.--The Secretary of Defense shall conduct
a review of the extent to which sustainment matters are considered in
decisions related to the requirements, research and development,
acquisition, cost estimating, and programming and budgeting processes
for major defense acquisition programs. The review shall include the
following:
(1) A determination of whether information related to the
operation and sustainment of major defense acquisition programs,
including cost data and intellectual property requirements, is
available to inform decisions made during those processes.
(2) If such information exists, an evaluation of the
completeness, timeliness, quality, and suitability of the
information for aiding in decisions made during those processes.
(3) A determination of whether information related to the
operation and sustainment of existing major weapon systems is
used to forecast the operation and sustainment needs of major
weapon systems proposed for or under development.
(4) A description of the potential benefits from improved
completeness, timeliness, quality, and suitability of data on
operation and support costs and increased consideration of such
data.
(5) Recommendations for improving access to, analyses of,
and consideration of operation and support cost data.
(6) An assessment of product support strategies for major
weapon systems required by section 2337 of title 10, United
States Code, or other similar life-cycle sustainment strategies,
including an evaluation of--
(A) the stage at which such strategies are developed
during the life of a major weapon system;
[[Page 130 STAT. 2291]]
(B) the content and completeness of such strategies,
including whether such strategies address--
(i) all aspects of total life-cycle management
of a major weapon system, including product
support, logistics, product support engineering,
supply chain integration, maintenance, and
software sustainment; and
(ii) the capabilities, capacity, and resource
constraints of the organic industrial base and the
materiel commands of the military department
concerned;
(C) the extent to which such strategies or their
elements are or should be incorporated into the
acquisition strategy required by section 2431a of title
10, United States Code;
(D) the extent to which such strategies influence
the planning for major defense acquisition programs; and
(E) the extent to which such strategies influence
decisions related to the life-cycle management and
product support of major weapon systems.
(7) An assessment of how effectively the military
departments consider sustainment matters at key decision points
for acquisition and life-cycle management in accordance with the
requirements of sections 2431a, 2366a, 2366b, and 2337 of title
10, United States Code, and section 832 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. 2430 note).
(8) Recommendations for improving the consideration of
sustainment during the requirements, acquisition, cost
estimating, programming and budgeting processes.
(9) An assessment of whether research and development
efforts and adoption of commercial technologies is prioritized
to reduce sustainment costs.
(10) An assessment of whether alternate financing methods,
including share-in-savings approaches, public-private
partnerships, and energy savings performance contracts, could be
used to encourage the development and adoption of technologies
and practices that will reduce sustainment costs.
(11) An assessment of private sector best practices in
assessing and reducing sustainment costs for complex systems.
(b) Agreement With Independent Entity.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall enter into an
agreement with an independent entity with appropriate expertise to
conduct the review required by subsection (a). The Secretary shall
ensure that the independent entity has access to all data, information,
and personnel required, and is funded, to satisfactorily complete the
review required by subsection (a). The agreement also shall require the
entity to provide to the Secretary a report on the findings of the
entity.
(c) Briefing.--Not later than April 1, 2017, the Secretary shall
provide a briefing to the Committees on Armed Services of the Senate and
House of Representatives on the preliminary findings of the independent
entity.
(d) Submission to Congress.--Not later than August 1, 2017, the
Secretary shall submit to the congressional defense committees a copy of
the report of the independent entity, along with comments on the report,
proposed revisions or clarifications to laws related to lifecycle
management or sustainment planning for major weapon
[[Page 130 STAT. 2292]]
systems, and a description of any actions the Secretary may take to
revise or clarify regulations and practices related to life-cycle
management or sustainment planning for major weapon systems.
SEC. 845. REVISION TO DISTRIBUTION OF ANNUAL REPORT ON OPERATIONAL
TEST AND EVALUATION.
Section 139(h) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``the Secretaries of the military
departments,'' after ``Logistics,''; and
(B) by striking ``10 days'' and all that follows
through ``title 31'' and inserting ``January 31 of each
year, through January 31, 2021''; and
(2) in paragraph (5), by inserting after ``Secretary'' the
following: ``of Defense and the Secretaries of the military
departments''.
SEC. 846. <<NOTE: 10 USC 2334 note.>> REPEAL OF MAJOR AUTOMATED
INFORMATION SYSTEMS PROVISIONS.
Effective September 30, 2017--
(1) <<NOTE: 10 USC 2445a prec., 2445a-2445d. 10 USC 101
prec., 2201 prec.>> chapter 144A of title 10, United States
Code, is repealed;
(2) the tables of chapters at the beginning of subtitle A of
such title, and at the beginning of part IV of subtitle A, are
amended by striking the item relating to chapter 144A; and
(3) section 2334(a)(2) of title 10, United States Code, is
amended by striking ``or a major automated information system
under chapter 144A of this title''.
SEC. 847. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION
PROGRAM.
(a) In General.--Section 2430 of title 10, United States Code, is
amended in subsection (a)--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by striking ``In this chapter'' and inserting ``(1)
Except as provided under paragraph (2), in this chapter''; and
(3) by adding at the end the following new paragraph:
``(2) In this chapter, the term `major defense acquisition program'
does not include an acquisition program or project that is carried out
using the rapid fielding or rapid prototyping acquisition pathway under
section 804 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2302 note).''.
(b) <<NOTE: 10 USC 2432 note.>> Annual Reporting.--The Secretary of
Defense shall include in each comprehensive annual Selected Acquisition
Report submitted under section 2432 of title 10, United States Code, a
listing of all programs or projects being developed or procured under
the exceptions to the definition of major defense acquisition program
set forth in paragraph (2) of section 2430(a) of United States Code, as
added by subsection (a)(1)(C) of this section.
SEC. 848. ACQUISITION STRATEGY.
Section 2431a of title 10, United States Code, is amended--
(1) in subsection (b), by inserting ``, or the milestone
decision authority, when the milestone decision authority is the
service acquisition executive of the military department that
[[Page 130 STAT. 2293]]
is managing the program,'' after ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, or the
milestone decision authority, when the milestone
decision authority is the service acquisition executive
of the military department that is managing the
program,'' after ``the Under Secretary''; and
(B) in paragraph (2)(C), by striking ``, in
accordance with section 2431b of this title''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``(1) Subject to
the authority, direction, and control of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, the'' and inserting ``The''; and
(B) in paragraph (2), by inserting ``because of a
change described in paragraph (1)(F)'' after ``for a
program or system''.
SEC. 849. IMPROVED LIFE-CYCLE COST CONTROL.
(a) Modified Guidance for Rapid Fielding Pathway.--Section 804(c)(3)
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2302 note) is amended--
(1) in subparagraph (C), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) a process for identifying and exploiting
opportunities to use the rapid fielding pathway to
reduce total ownership costs.''.
(b) Life-cycle Cost Management.--Section 805(2) of such Act (Public
Law 114-92; 10 U.S.C. 2302 note) is amended by inserting ``life-cycle
cost management,'' after ``budgeting,''.
(c) Sustainment Reviews.--
(1) In general.--Chapter 144 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2441. <<NOTE: 10 USC 2441.>> Sustainment reviews
``(a) In General.--The Secretary of each military department shall
conduct a sustainment review of each major weapon system not later than
five years after declaration of initial operational capability of a
major defense acquisition program and throughout the life cycle of the
weapon system to assess the product support strategy, performance, and
operation and support costs of the weapon system. For any review after
the first one, the Secretary concerned shall use availability and
reliability thresholds and cost estimates as the basis for the
circumstances that prompt such a review. The results of the sustainment
review shall be documented in a memorandum by the relevant decision
authority.
``(b) Elements.--At a minimum, the review required under subsection
(a) shall include the following elements:
``(1) An independent cost estimate for the remainder of the
life cycle of the program.
``(2) A comparison of actual costs to the amount of funds
budgeted and appropriated in the previous five years, and
[[Page 130 STAT. 2294]]
if funding shortfalls exist, an explanation of the implications
on equipment availability.
``(3) A comparison between the assumed and achieved system
reliabilities.
``(4) An analysis of the most cost-effective source of
repairs and maintenance.
``(5) An evaluation of the cost of consumables and depot-
level repairables.
``(6) An evaluation of the costs of information technology,
networks, computer hardware, and software maintenance and
upgrades.
``(7) As applicable, an assessment of the actual fuel
efficiencies compared to the projected fuel efficiencies as
demonstrated in tests or operations.
``(8) As applicable, a comparison of actual manpower
requirements to previous estimates.
``(9) An analysis of whether accurate and complete data are
being reported in the cost systems of the military department
concerned, and if deficiencies exist, a plan to update the data
and ensure accurate and complete data are submitted in the
future.
``(c) Coordination.--The review required under subsection (a) shall
be conducted in coordination with the requirements of section 2337 of
this title and section 832 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2430 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC 2430 prec.>> is amended
by adding at the end the following new item:
``2441. Sustainment reviews.''.
(d) <<NOTE: 10 USC 2337 note.>> Commercial Operational and Support
Savings Initiative.--
(1) In general.--The Secretary of Defense may establish a
commercial operational and support savings initiative to improve
readiness and reduce operations and support costs by inserting
existing commercial items or technology into military legacy
systems through the rapid development of prototypes and fielding
of production items based on current commercial technology.
(2) Program priority.--The commercial operational and
support savings initiative shall fund programs that--
(A) reduce the costs of owning and operating a
military system, including the costs of personnel,
consumables, goods and services, and sustaining the
support and investment associated with the peacetime
operation of a weapon system;
(B) take advantage of the commercial sector's
technological innovations by inserting commercial
technology into fielded weapon systems; and
(C) emphasize prototyping and experimentation with
new technologies and concepts of operations.
(3) Funding phases.--
(A) In general.--Projects funded under the
commercial operational and support savings initiative
shall consist of two phases, Phase I and Phase II.
[[Page 130 STAT. 2295]]
(B) Phase i.--(i) Funds made available during Phase
I shall be used to perform the non-recurring
engineering, testing, and qualification that are
typically needed to adapt a commercial item or
technology for use in a military system.
(ii) Phase I shall include--
(I) establishment of cost and performance
metrics to evaluate project success;
(II) establishment of a transition plan and
agreement with a military department or Defense
Agency for adoption and sustainment of the
technology or system; and
(III) the development, fabrication, and
delivery of a demonstrated prototype to a military
department for installation into a fielded
Department of Defense system.
(iii) Programs shall be terminated if no agreement
is established within two years of project initiation.
(iv) The Office of the Secretary of Defense may
provide up to 50 percent of Phase I funding for a
project. The military department or Defense Agency
concerned may provide the remainder of Phase I funding,
which may be provided out of operation and maintenance
funding.
(v) Phase I funding shall not exceed three years.
(vi) Phase I projects shall be selected based on a
merit-based process using criteria to be established by
the Secretary of Defense.
(C) Phase ii.--(i) Phase II shall include the
purchase of limited production quantities of the
prototype kits and transition to a program of record for
continued sustainment.
(ii) Phase II awards may be made without competition
if general solicitation competitive procedures were used
for the selection of parties for participation in a
Phase I project.
(iii) Phase II awards may be made as firm fixed-
price awards.
(4) Treatment as competitive procedures.--The use of a
merit-based process for selection of projects under the
commercial operational and support savings initiative shall be
considered to be the use of competitive procedures for purposes
of chapter 137 of title 10, United States Code.
SEC. 850. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF ITEMS
DELIVERED UNDER MAJOR DEFENSE ACQUISITION
PROGRAMS AS MAJOR SUBPROGRAMS FOR PURPOSES
OF ACQUISITION REPORTING.
Section 2430a(1)(B) of title 10, United States Code, is amended by
striking ``major defense acquisition program to purchase satellites
requires the delivery of satellites in two or more increments or
blocks'' and inserting ``major defense acquisition program requires the
delivery of two or more increments or blocks''.
SEC. 851. REPORTING OF SMALL BUSINESS PARTICIPATION ON DEPARTMENT
OF DEFENSE PROGRAMS.
(a) Report Requirement.--Not later than March 31 of each year, the
Secretary of Defense shall submit to the congressional
[[Page 130 STAT. 2296]]
defense committees a report covering the following matters for the
preceding fiscal year:
(1) For each prime contract goal established by section
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)),
the total value and percentage of prime contracts awarded by the
Department of Defense and attributed to each prime contract goal
for prime contracts awarded for major defense acquisition
programs.
(2) For each subcontract goal established by section
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)),
the total value and percentage of first tier subcontract awards
attributed to each subcontract goal for subcontracts awarded in
support of prime contracts awarded by the Department of Defense
for major defense acquisition programs.
(3) For the prime contract and subcontract goals negotiated
with the Department of Defense pursuant to section 15(g)(2) of
the Small Business Act (15 U.S.C. 644(g)(2))--
(A) the information reported by the Department of
Defense to the Small Business Administration pursuant to
section 15(h)(1) of the Small Business Act (15 U.S.C.
644(h)(1)); and
(B) the information required by subparagraph (A)
calculated after excluding--
(i) contracts awarded pursuant to chapter 85
of title 41, United States Code (popularly
referred to as the Javits-Wagner-O'Day Act);
(ii) contracts awarded to the American
Institute in Taiwan;
(iii) contracts awarded and performed outside
of the United States;
(iv) acquisition on behalf of foreign
governments, entities, or international
organizations; and
(v) contracts for major defense acquisition
programs.
(b) Sunset.--The requirement to submit a report under subsection (a)
shall not apply after the Secretary submits the report covering fiscal
year 2020.
SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISITION OF
TACTICAL MISSILES AND MUNITIONS GREATER
THAN QUANTITY SPECIFIED IN LAW.
Section 2308(c) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The head'';
(2) by inserting ``, except as provided in paragraph (2),''
after ``but''; and
(3) by adding at the end the following new paragraph:
``(2) A notification is not required under paragraph (1) if the end
item being acquired in a higher quantity is an end item under a tactical
missile program or a munitions program.''.
SEC. 853. <<NOTE: 10 USC 2306b note.>> MULTIPLE PROGRAM MULTIYEAR
CONTRACT PILOT DEMONSTRATION PROGRAM.
(a) Authority.--The Secretary of Defense may conduct a multiyear
contract, over a period of up to four years, for the purchase of units
for multiple defense programs that are produced at common facilities at
a high rate, and which maximize commonality, efficiencies, and quality,
in order to provide maximum benefit to the Department of Defense.
Contracts awarded under
[[Page 130 STAT. 2297]]
this section should allow for significant savings, as determined
consistent with the authority under section 2306b of title 10, United
States Code, to be achieved as compared to using separate annual
contracts under individual programs to purchase such units, and may
include flexible delivery across the overall period of performance.
(b) Scope.--The contracts authorized in subsection (a) shall at a
minimum provide for the acquisition of units from three discrete
programs from two of the military departments.
(c) Documentation.--Each contract awarded under subsection (a) shall
include the documentation required to be provided for a multiyear
contract proposal under section 2306b(i) of title 10.
(d) Definitions.--In this section:
(1) The term ``high rate'' means total annual production
across the multiple defense programs of more than 200 end-items
per year.
(2) The term ``common facilities'' means production
facilities operating within the same general and allowable rate
structure.
(e) Sunset.--No new contracts may be awarded under the authority of
this section after September 30, 2021.
SEC. 854. <<NOTE: 10 USC 2302 note.>> KEY PERFORMANCE PARAMETER
REDUCTION PILOT PROGRAM.
(a) In General.--The Secretary of Defense may carry out a pilot
program under which the Secretary may identify at least one acquisition
program in each military department for reduction of the total number of
key performance parameters established for the program, for purposes of
determining whether operational and programmatic outcomes of the program
are improved by such reduction.
(b) Limitation on Key Performance Parameters.--Any acquisition
program identified for the pilot program carried out under subsection
(a) shall establish no more than three key performance parameters, each
of which shall describe a program-specific performance attribute. Any
key performance parameters for such a program that are required by
statute shall be treated as key system attributes.
SEC. 855. <<NOTE: 10 USC 2358 note.>> MISSION INTEGRATION
MANAGEMENT.
(a) In General.--The Secretary of Defense shall establish mission
integration management activities for each mission area specified in
subsection (b).
(b) Covered Mission Areas.--The mission areas specified in this
subsection are mission areas that involve multiple Armed Forces and
multiple programs and, at a minimum, include the following:
(1) Close air support.
(2) Air defense and offensive and defensive counter-air.
(3) Interdiction.
(4) Intelligence, surveillance, and reconnaissance.
(5) Any other overlapping mission area of significance, as
jointly designated by the Deputy Secretary of Defense and the
Vice Chairman of the Joint Chiefs of Staff for purposes of this
subsection.
(c) Qualifications.--Mission integration management activities shall
be performed by qualified personnel from the acquisition and operational
communities.
[[Page 130 STAT. 2298]]
(d) Responsibilities.--The mission integration management activities
for a mission area under this section shall include--
(1) development of technical infrastructure for engineering,
analysis, and test, including data, modeling, analytic tools,
and simulations;
(2) the conduct of tests, demonstrations, exercises, and
focused experiments for compelling challenges and opportunities;
(3) overseeing the implementation of section 2446c of title
10, United States Code;
(4) sponsoring and overseeing research on and development of
(including tests and demonstrations) automated tools for
composing systems of systems on demand;
(5) developing mission-based inputs for the requirements
process, assessment of concepts, prototypes, design options,
budgeting and resource allocation, and program and portfolio
management; and
(6) coordinating with commanders of the combatant commands
on the development of concepts of operation and operational
plans.
(e) Scope.--The mission integration management activities for a
mission area under this subsection shall extend to the supporting
elements for the mission area, such as communications, command and
control, electronic warfare, and intelligence.
(f) Funding.--There is authorized to be made available annually such
amounts as the Secretary of Defense determines appropriate from the
Rapid Prototyping Fund established under section 804(d) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note) for mission integration management activities listed
in subsection (d).
(g) Strategy.--The Secretary of Defense shall submit to the
congressional defense committees, at the same time as the budget for the
Department of Defense for fiscal year 2018 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, a strategy for
mission integration management, including a resourcing strategy for
mission integration managers to carry out the responsibilities specified
in this section.
Subtitle E--Provisions Relating to Acquisition Workforce
SEC. 861. PROJECT MANAGEMENT.
(a) Deputy Director for Management.--
(1) Additional functions.--Section 503 of title 31, United
States Code, is amended by adding at the end the following:
``(c) Program and Project Management.--
``(1) Requirement.--Subject to the direction and approval of
the Director, the Deputy Director for Management or a designee
shall--
``(A) adopt governmentwide standards, policies, and
guidelines for program and project management for
executive agencies;
``(B) oversee implementation of program and project
management for the standards, policies, and guidelines
established under subparagraph (A);
[[Page 130 STAT. 2299]]
``(C) chair the Program Management Policy Council
established under section 1126(b);
``(D) establish standards and policies for executive
agencies, consistent with widely accepted standards for
program and project management planning and delivery;
``(E) engage with the private sector to identify
best practices in program and project management that
would improve Federal program and project management;
``(F) conduct portfolio reviews to address programs
identified as high risk by the Government Accountability
Office;
``(G) not less than annually, conduct portfolio
reviews of agency programs in coordination with Project
Management Improvement Officers designated under section
1126(a)(1) to assess the quality and effectiveness of
program management; and
``(H) establish a 5-year strategic plan for program
and project management.
``(2) Application to department of defense.--Paragraph (1)
shall not apply to the Department of Defense to the extent that
the provisions of that paragraph are substantially similar to or
duplicative of--
``(A) the provisions of chapter 87 of title 10; or
``(B) policy, guidance, or instruction of the
Department related to program management.''.
(2) <<NOTE: 31 USC 503 note.>> Deadline for standards,
policies, and guidelines.--Not later than 1 year after the date
of enactment of this Act, the Deputy Director for Management of
the Office of Management and Budget shall issue the standards,
policies, and guidelines required under section 503(c) of title
31, United States Code, as added by paragraph (1).
(3) <<NOTE: 31 USC 503 note.>> Regulations.--Not later than
90 days after the date on which the standards, policies, and
guidelines are issued under paragraph (2), the Deputy Director
for Management of the Office of Management and Budget, in
consultation with the Program Management Policy Council
established under section 1126(b) of title 31, United States
Code, as added by subsection (b)(1), and the Director of the
Office of Management and Budget, shall issue any regulations as
are necessary to implement the requirements of section 503(c) of
title 31, United States Code, as added by paragraph (1).
(b) Program Management Improvement Officers and Program Management
Policy Council.--
(1) Amendment.--Chapter 11 of title 31, United States Code,
is amended by adding at the end the following:
``Sec. 1126. Program Management Improvement Officers and Program
Management Policy Council
``(a) Program Management Improvement Officers.--
``(1) Designation.--The head of each agency described in
section 901(b) shall designate a senior executive of the agency
as the Program Management Improvement Officer of the agency.
``(2) Functions.--The Program Management Improvement Officer
of an agency designated under paragraph (1) shall--
``(A) implement program management policies
established by the agency under section 503(c); and
[[Page 130 STAT. 2300]]
``(B) develop a strategy for enhancing the role of
program managers within the agency that includes the
following:
``(i) Enhanced training and educational
opportunities for program managers that shall
include--
``(I) training in the relevant
competencies encompassed with program
and project manager within the private
sector for program managers; and
``(II) training that emphasizes cost
containment for large projects and
programs.
``(ii) Mentoring of current and future program
managers by experienced senior executives and
program managers within the agency.
``(iii) Improved career paths and career
opportunities for program managers.
``(iv) A plan to encourage the recruitment and
retention of highly qualified individuals to serve
as program managers.
``(v) Improved means of collecting and
disseminating best practices and lessons learned
to enhance program management across the agency.
``(vi) Common templates and tools to support
improved data gathering and analysis for program
management and oversight purposes.
``(3) Application to department of defense.--This subsection
shall not apply to the Department of Defense to the extent that
the provisions of this subsection are substantially similar to
or duplicative of the provisions of chapter 87 of title 10. For
purposes of paragraph (1), the Under Secretary of Defense for
Acquisition, Technology, and Logistics (or a designee of the
Under Secretary) shall be considered the Program Management
Improvement Officer.
``(b) Program Management Policy Council.--
``(1) Establishment.--There is established in the Office of
Management and Budget a council to be known as the `Program
Management Policy Council' (in this subsection referred to as
the `Council').
``(2) Purpose and functions.--The Council shall act as the
principal interagency forum for improving agency practices
related to program and project management. The Council shall--
``(A) advise and assist the Deputy Director for
Management of the Office of Management and Budget;
``(B) review programs identified as high risk by the
Government Accountability Office and make
recommendations for actions to be taken by the Deputy
Director for Management of the Office of Management and
Budget or a designee;
``(C) discuss topics of importance to the workforce,
including--
``(i) career development and workforce
development needs;
``(ii) policy to support continuous
improvement in program and project management; and
``(iii) major challenges across agencies in
managing programs;
[[Page 130 STAT. 2301]]
``(D) advise on the development and applicability of
standards governmentwide for program management
transparency; and
``(E) review the information published on the
website of the Office of Management and Budget pursuant
to section 1122.
``(3) Membership.--
``(A) Composition.--The Council shall be composed of
the following members:
``(i) Five members from the Office of
Management and Budget as follows:
``(I) The Deputy Director for
Management.
``(II) The Administrator of the
Office of Electronic Government.
``(III) The Administrator of Federal
Procurement Policy.
``(IV) The Controller of the Office
of Federal Financial Management.
``(V) The Director of the Office of
Performance and Personnel Management.
``(ii) The Program Management Improvement
Officer from each agency described in section
901(b).
``(iii) Any other full-time or permanent part-
time officer or employee of the Federal Government
or member of the Armed Forces designated by the
Chairperson.
``(B) Chairperson and vice chairperson.--
``(i) In general.--The Deputy Director for
Management of the Office of Management and Budget
shall be the Chairperson of the Council. A Vice
Chairperson shall be elected by the members and
shall serve a term of not more than 1 year.
``(ii) Duties.--The Chairperson shall preside
at the meetings of the Council, determine the
agenda of the Council, direct the work of the
Council, and establish and direct subgroups of the
Council as appropriate.
``(4) Meetings.--The Council shall meet not less than twice
per fiscal year and may meet at the call of the Chairperson or a
majority of the members of the Council.
``(5) Support.--The head of each agency with a Project
Management Improvement Officer serving on the Council shall
provide administrative support to the Council, as appropriate,
at the request of the Chairperson.''.
(2) Report required.--Not later than 1 year after the date
of the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with each Program
Management Improvement Officer designated under section
1126(a)(1) of title 31, United States Code, shall submit to
Congress a report containing the strategy developed under
section 1126(a)(2)(B) of such title, as added by paragraph (1).
(c) Program and Project Management Personnel Standards.--
(1) <<NOTE: 31 USC 1126 note.>> Definition.--In this
subsection, the term ``agency'' means each agency described in
section 901(b) of title 31, United States Code, other than the
Department of Defense.
(2) Regulations required.--Not later than 180 days after the
date on which the standards, policies, and guidelines are
[[Page 130 STAT. 2302]]
issued under section 503(c) of title 31, United States Code, as
added by subsection (a)(1), the Director of the Office of
Personnel Management, in consultation with the Director of the
Office of Management and Budget, shall issue regulations that--
(A) identify key skills and competencies needed for
a program and project manager in an agency;
(B) establish a new job series, or update and
improve an existing job series, for program and project
management within an agency; and
(C) establish a new career path for program and
project managers within an agency.
(d) GAO Report on Effectiveness of Policies on Program and Project
Management.--Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall issue, in
conjunction with the high risk list of the Government Accountability
Office, a report examining the effectiveness of the following on
improving Federal program and project management:
(1) The standards, policies, and guidelines for program and
project management issued under section 503(c) of title 31,
United States Code, as added by subsection (a)(1).
(2) The 5-year strategic plan established under section
503(c)(1)(H) of title 31, United States Code, as added by
subsection (a)(1).
(3) Program Management Improvement Officers designated under
section 1126(a)(1) of title 31, United States Code, as added by
subsection (b)(1).
(4) The Program Management Policy Council established under
section 1126(b)(1) of title 31, United States Code, as added by
subsection (b)(1).
SEC. 862. AUTHORITY TO WAIVE TENURE REQUIREMENT FOR PROGRAM
MANAGERS FOR PROGRAM DEFINITION AND
PROGRAM EXECUTION PERIODS.
(a) <<NOTE: 10 USC 2430 note.>> Program Definition Period.--Section
826(e) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) is amended by striking ``The Secretary may waive''
and inserting ``The service acquisition executive, in the case of a
major defense acquisition program of a military department, or the Under
Secretary of Defense for Acquisition, Technology, and Logistics, in the
case of a Defense-wide or Defense Agency major defense acquisition
program, may waive''.
(b) <<NOTE: 10 USC 2430 note.>> Program Execution Period.--Section
827(e) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) is amended by striking ``The immediate supervisor of
a program manager for a major defense acquisition program may waive''
and inserting ``The service acquisition executive, in the case of a
major defense acquisition program of a military department, or the Under
Secretary of Defense for Acquisition, Technology, and Logistics, in the
case of a Defense-wide or Defense Agency major defense acquisition
program, may waive''.
SEC. 863. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE ACQUISITION
WORKFORCE DEVELOPMENT FUND MAY BE USED;
ADVISORY PANEL AMENDMENTS.
(a) In General.--Section 1705 of title 10, United States Code, is
amended--
[[Page 130 STAT. 2303]]
(1) in subsection (e)--
(A) in paragraph (1), by inserting ``and to develop
acquisition tools and methodologies, and undertake
research and development activities, leading to
acquisition policies and practices that will improve the
efficiency and effectiveness of defense acquisition
efforts'' after ``workforce of the Department''; and
(B) in paragraph (4), by striking ``other than for
the purpose of'' and all that follows through the period
at the end and inserting ``other than for the purposes
of--
``(A) providing advanced training to Department of
Defense employees;
``(B) developing acquisition tools and methodologies
and performing research on acquisition policies and best
practices that will improve the efficiency and
effectiveness of defense acquisition efforts; and
``(C) supporting human capital and talent management
of the acquisition workforce, including benchmarking
studies, assessments, and requirements planning.''; and
(2) in subsection (f), by striking ``Each report shall
include'' and all that follows through the period at the end of
paragraph (5).
(b) Technical Amendments.--Such section is further amended--
(1) in subsection (d)(2)(C), by striking ``in each'' and
inserting ``in such'';
(2) in subsection (f)--
(A) by striking ``Not later than 120 days after the
end of each fiscal year'' and inserting ``Not later than
February 1 each year''; and
(B) by striking ``such fiscal year'' the first place
it appears and inserting ``the preceding fiscal year'';
and
(3) in subsection (g)(1)--
(A) by striking ``of of'' and inserting ``of''; and
(B) by striking ``, as defined in subsection (h),''.
(c) Limitation on Availability of Funds for Certain Purposes.--Of
the amounts authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017, not more than $35,000,000 may be
obligated or expended for the purposes set forth in subparagraphs (B)
and (C) of section 1705(e)(4) of title 10, United States Code, as added
by subsection (a).
(d) Amendments to Advisory Panel on Streamlining and Codifying
Acquisition Regulations.--Section 809 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
889) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Establishment.--The Secretary of Defense shall establish an
independent advisory panel on streamlining acquisition regulations. The
panel shall be supported by the Defense Acquisition University and the
National Defense University, including administrative support.''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``and analysis''
and inserting ``, analysis, and logistics support''; and
(B) by adding at the end the following new
paragraph:
``(3) Authorities.--The panel shall have the authorities
provided in section 3161 of title 5, United States Code.''.
[[Page 130 STAT. 2304]]
SEC. 864. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
FUND DETERMINATION ADJUSTMENT.
(a) Credit to Rapid Prototyping Fund.--Notwithstanding section
1705(d)(2)(B) of title 10, United States Code, of the funds credited to
the Department of Defense Acquisition Workforce Development Fund in
fiscal year 2017 pursuant to such section, $225,000,000 shall be
transferred to the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note). Of the $225,000,000 so
transferred, $75,000,000 shall be credited to each of the military
department-specific funds established under section 804(d)(2) of such
Act (as added by section 897 of this Act).
(b) Technical and Conforming Amendments.--Section 804(d)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2302 note) is amended--
(1) in the first sentence, by inserting a comma after ``may
be available'';
(2) at the end of the first sentence, by inserting before
the period the following: ``and other purposes specified in
law''; and
(3) in the last sentence, by striking ``shall consist of''
and all that follows through ``this Act.'' and inserting the
following: ``shall consist of--
``(i) amounts appropriated to the Fund;
``(ii) amounts credited to the Fund pursuant
to section 828 of this Act; and
``(iii) any other amounts appropriated to,
credited to, or transferred to the Fund.''.
SEC. 865. LIMITATIONS ON FUNDS USED FOR STAFF AUGMENTATION
CONTRACTS AT MANAGEMENT HEADQUARTERS OF
THE DEPARTMENT OF DEFENSE AND THE MILITARY
DEPARTMENTS.
(a) Limitations.--
(1) For fiscal years 2017 and 2018.--The total amount
obligated by the Department of Defense for fiscal year 2017 or
2018 for contract services for staff augmentation contracts at
management headquarters of the Department and the military
departments may not exceed an amount equal to the aggregate
amount expended by the Department for contract services for
staff augmentation contracts at management headquarters of the
Department and the military departments in fiscal year 2016
adjusted for net transfers from funding for overseas contingency
operations (in this subsection referred to as the ``fiscal year
2016 staff augmentation contracts funding amount'').
(2) For fiscal years 2018 through 2022.--The total amount
obligated by the Department for any fiscal year after fiscal
year 2018 and before fiscal year 2023 for contract services for
staff augmentation contracts at management headquarters of the
Department and the military departments may not exceed an amount
equal to 75 percent of the fiscal year 2016 staff augmentation
contracts funding amount.
(b) Definitions.--In this section:
(1) The term ``contract services'' has the meaning given
that term in section 235 of title 10, United States Code.
[[Page 130 STAT. 2305]]
(2) The term ``staff augmentation contracts'' means services
contracts for personnel who are physically present in a
Government work space on a full-time or permanent part-time
basis, for the purpose of advising on, providing support to, or
assisting a Government agency in the performance of the agency's
missions, including authorized personal services contracts (as
that term is defined in section 2330a(g)(5) of title 10, United
States Code).
SEC. 866. SENIOR MILITARY ACQUISITION ADVISORS IN THE DEFENSE
ACQUISITION CORPS.
(a) Positions.--
(1) In general.--Subchapter II of chapter 87 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1725. <<NOTE: 10 USC 1725.>> Senior Military Acquisition
Advisors
``(a) Position.--
``(1) In general.--The Secretary of Defense may establish in
the Defense Acquisition Corps a position to be known as `Senior
Military Acquisition Advisor'.
``(2) Appointment.--A Senior Military Acquisition Advisor
shall be appointed by the President, by and with the advice and
consent of the Senate.
``(3) Scope of position.--An officer who is appointed as a
Senior Military Acquisition Advisor--
``(A) shall serve as an advisor to, and provide
senior level acquisition expertise to, the service
acquisition executive of that officer's military
department in accordance with this section; and
``(B) shall be assigned as an adjunct professor at
the Defense Acquisition University.
``(b) Continuation on Active Duty.--An officer who is appointed as a
Senior Military Acquisition Advisor may continue on active duty while
serving in such position without regard to any mandatory retirement date
that would otherwise be applicable to that officer by reason of years of
service or age. An officer who is continued on active duty pursuant to
this section is not eligible for consideration for selection for
promotion.
``(c) Retired Grade.--Upon retirement, an officer who is a Senior
Military Acquisition Advisor may, in the discretion of the President, be
retired in the grade of brigadier general or rear admiral (lower half)
if--
``(1) the officer has served as a Senior Military
Acquisition Advisor for a period of not less than three years;
and
``(2) the officer's service as a Senior Military Acquisition
Advisor has been distinguished.
``(d) Selection and Tenure.--
``(1) In general.--Selection of an officer for
recommendation for appointment as a Senior Military Acquisition
Advisor shall be made competitively, and shall be based upon
demonstrated experience and expertise in acquisition.
``(2) Officers eligible.--Officers shall be selected for
recommendation for appointment as Senior Military Acquisition
Advisors from among officers of the Defense Acquisition Corps
who are serving in the grade of colonel or, in the case of the
Navy, captain, and who have at least 12 years of acquisition
[[Page 130 STAT. 2306]]
experience. An officer selected for recommendation for
appointment as a Senior Military Acquisition Advisor shall have
at least 30 years of active commissioned service at the time of
appointment.
``(3) Term.--The appointment of an officer as a Senior
Military Acquisition Advisor shall be for a term of not longer
than five years.
``(e) Limitation.--
``(1) Limitation on number and distribution.--There may not
be more than 15 Senior Military Acquisition Advisors at any
time, of whom--
``(A) not more than five may be officers of the
Army;
``(B) not more than five may be officers of the Navy
and Marine Corps; and
``(C) not more than five may be officers of the Air
Force.
``(2) Number in each military department.--Subject to
paragraph (1), the number of Senior Military Acquisition
Advisors for each military department shall be as required and
identified by the service acquisition executive of such military
department and approved by the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(f) Advice to Service Acquisition Executive.--An officer who is a
Senior Military Acquisition Advisor shall have as the officer's primary
duty providing strategic, technical, and programmatic advice to the
service acquisition executive of the officer's military department on
matters pertaining to the Defense Acquisition System, including matters
pertaining to procurement, research and development, advanced
technology, test and evaluation, production, program management, systems
engineering, and lifecycle logistics.''.
(2) <<NOTE: 10 USC 1721 prec.>> Clerical amendment.--The
table of sections at the beginning of subchapter II of chapter
87 of such title is amended by adding at the end the following
new item:
``1725. Senior Military Acquisition Advisors.''.
(b) Exclusion From Officer Grade-strength Limitations.--Section
523(b) of such title is amended by adding at the end the following new
paragraph:
``(9) Officers who are Senior Military Acquisition Advisors
under section 1725 of this title, but not to exceed 15.''.
SEC. 867. AUTHORITY OF THE SECRETARY OF DEFENSE UNDER THE
ACQUISITION DEMONSTRATION PROJECT.
(a) Amendment.--Section 1762(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall exercise the
authorities granted to the Office of Personnel Management under
section 4703 of title 5 for purposes of the demonstration
project authorized under this section.''.
(b) <<NOTE: 10 USC 1762 note.>> Effective Date.--Paragraph (4) of
section 1762(b) of title 10, United States Code, as added by subsection
(a), shall take effect on the first day of the first month beginning 60
days after the date of the enactment of this Act.
[[Page 130 STAT. 2307]]
Subtitle F--Provisions Relating to Commercial Items
SEC. 871. MARKET RESEARCH FOR DETERMINATION OF PRICE
REASONABLENESS IN ACQUISITION OF
COMMERCIAL ITEMS.
Section 2377 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e), and
in that subsection by striking ``subsection (c)'' and inserting
``subsections (c) and (d)''; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Market Research for Price Analysis.--The Secretary of Defense
shall ensure that procurement officials in the Department of Defense
conduct or obtain market research to support the determination of the
reasonableness of price for commercial items contained in any bid or
offer submitted in response to an agency solicitation. To the extent
necessary to support such market research, the procurement official for
the solicitation--
``(1) in the case of items acquired under section 2379 of
this title, shall use information submitted under subsection (d)
of that section; and
``(2) in the case of other items, may require the offeror to
submit relevant information.''.
SEC. 872. VALUE ANALYSIS FOR THE DETERMINATION OF PRICE
REASONABLENESS.
Subsection 2379(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An offeror may submit information or analysis relating to the
value of a commercial item to aid in the determination of the
reasonableness of the price of such item. A contracting officer may
consider such information or analysis in addition to the information
submitted pursuant to paragraphs (1)(A) and (1)(B).''.
SEC. 873. CLARIFICATION OF REQUIREMENTS RELATING TO COMMERCIAL
ITEM DETERMINATIONS.
Paragraphs (1) and (2) of section 2380 of title 10, United States
Code, are amended to read as follows:
``(1) establish and maintain a centralized capability with
necessary expertise and resources to provide assistance to the
military departments and Defense Agencies in making commercial
item determinations, conducting market research, and performing
analysis of price reasonableness for the purposes of
procurements by the Department of Defense; and
``(2) provide to officials of the Department of Defense
access to previous Department of Defense commercial item
determinations, market research, and analysis used to determine
the reasonableness of price for the purposes of procurements by
the Department of Defense.''.
[[Page 130 STAT. 2308]]
SEC. 874. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO THE
ACQUISITION OF COMMERCIAL ITEMS AND
COMMERCIALLY AVAILABLE OFF-THE-SHELF
ITEMS.
(a) Amendment to Title 10, United States Code.--Section 2375 of
title 10, United States Code, is amended to read as follows:
``Sec. 2375. Relationship of commercial item provisions to other
provisions of law
``(a) Applicability of Government-wide Statutes.--(1) No contract
for the procurement of a commercial item entered into by the head of an
agency shall be subject to any law properly listed in the Federal
Acquisition Regulation pursuant to section 1906(b) of title 41.
``(2) No subcontract under a contract for the procurement of a
commercial item entered into by the head of an agency shall be subject
to any law properly listed in the Federal Acquisition Regulation
pursuant to section 1906(c) of title 41.
``(3) No contract for the procurement of a commercially available
off-the-shelf item entered into by the head of an agency shall be
subject to any law properly listed in the Federal Acquisition Regulation
pursuant to section 1907 of title 41.
``(b) Applicability of Defense-unique Statutes to Contracts for
Commercial Items.--(1) The Defense Federal Acquisition Regulation
Supplement shall include a list of defense-unique provisions of law and
of contract clause requirements based on government-wide acquisition
regulations, policies, or executive orders not expressly authorized in
law that are inapplicable to contracts for the procurement of commercial
items. A provision of law or contract clause requirement properly
included on the list pursuant to paragraph (2) does not apply to
purchases of commercial items by the Department of Defense. This section
does not render a provision of law or contract clause requirement not
included on the list inapplicable to contracts for the procurement of
commercial items.
``(2) A provision of law or contract clause requirement described in
subsection (e) that is enacted after January 1, 2015, shall be included
on the list of inapplicable provisions of law and contract clause
requirements required by paragraph (1) unless the Under Secretary of
Defense for Acquisition, Technology, and Logistics makes a written
determination that it would not be in the best interest of the
Department of Defense to exempt contracts for the procurement of
commercial items from the applicability of the provision or contract
clause requirement.
``(c) Applicability of Defense-unique Statutes to Subcontracts for
Commercial Items.--(1) The Defense Federal Acquisition Regulation
Supplement shall include a list of provisions of law and of contract
clause requirements based on government-wide acquisition regulations,
policies, or executive orders not expressly authorized in law that are
inapplicable to subcontracts under a Department of Defense contract or
subcontract for the procurement of commercial items. A provision of law
or contract clause requirement properly included on the list pursuant to
paragraph (2) does not apply to those subcontracts. This section does
not render a provision of law or contract clause requirement not
included on the list inapplicable to subcontracts under a contract for
the procurement of commercial items.
[[Page 130 STAT. 2309]]
``(2) A provision of law or contract clause requirement described in
subsection (e) shall be included on the list of inapplicable provisions
of law and contract clause requirements required by paragraph (1) unless
the Under Secretary of Defense for Acquisition, Technology, and
Logistics makes a written determination that it would not be in the best
interest of the Department of Defense to exempt subcontracts under a
contract for the procurement of commercial items from the applicability
of the provision or contract clause requirement.
``(3) In this subsection, the term `subcontract' includes a transfer
of commercial items between divisions, subsidiaries, or affiliates of a
contractor or subcontractor. The term does not include agreements
entered into by a contractor for the supply of commodities that are
intended for use in the performance of multiple contracts with the
Department of Defense and other parties and are not identifiable to any
particular contract.
``(4) This subsection does not authorize the waiver of the
applicability of any provision of law or contract clause requirement
with respect to any first-tier subcontract under a contract with a prime
contractor reselling or distributing commercial items of another
contractor without adding value.
``(d) Applicability of Defense-unique Statutes to Contracts for
Commercially Available, Off-the-shelf Items.--(1) The Defense Federal
Acquisition Regulation Supplement shall include a list of provisions of
law and of contract clause requirements based on government-wide
acquisition regulations, policies, or executive orders not expressly
authorized in law that are inapplicable to contracts for the procurement
of commercially available off-the-shelf items. A provision of law or
contract clause requirement properly included on the list pursuant to
paragraph (2) does not apply to Department of Defense contracts for the
procurement of commercially available off-the-shelf items. This section
does not render a provision of law or contract clause requirement not
included on the list inapplicable to contracts for the procurement of
commercially available off-the-shelf items.
``(2) A provision of law or contract clause requirement described in
subsection (e) shall be included on the list of inapplicable provisions
of law and contract clause requirements required by paragraph (1) unless
the Under Secretary of Defense for Acquisition, Technology, and
Logistics makes a written determination that it would not be in the best
interest of the Department of Defense to exempt contracts for the
procurement of commercially available off-the-shelf items from the
applicability of the provision or contract clause requirement.
``(e) Covered Provision of Law or Contract Clause Requirement.--A
provision of law or contract clause requirement referred to in
subsections (b)(2), (c)(2), and (d)(2) is a provision of law or contract
clause requirement that the Under Secretary of Defense for Acquisition,
Technology, and Logistics determines sets forth policies, procedures,
requirements, or restrictions for the procurement of property or
services by the Federal Government, except for a provision of law or
contract clause requirement that--
``(1) provides for criminal or civil penalties;
``(2) requires that certain articles be bought from American
sources pursuant to section 2533a of this title, or requires
that strategic materials critical to national security be bought
[[Page 130 STAT. 2310]]
from American sources pursuant to section 2533b of this title;
or
``(3) specifically refers to this section and provides that,
notwithstanding this section, it shall be applicable to
contracts for the procurement of commercial items.''.
(b) Changes to Defense Federal Acquisition Regulation Supplement.--
(1) <<NOTE: 10 USC 2375 note.>> In general.--To the maximum
extent practicable, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall ensure that--
(A) the Defense Federal Acquisition Regulation
Supplement does not require the inclusion of contract
clauses in contracts for the procurement of commercial
items or contracts for the procurement of commercially
available off-the-shelf items, unless such clauses are--
(i) required to implement provisions of law or
executive orders applicable to such contracts; or
(ii) determined to be consistent with standard
commercial practice; and
(B) the flow-down of contract clauses to
subcontracts under contracts for the procurement of
commercial items or commercially available off-the-shelf
items is prohibited unless such flow-down is required to
implement provisions of law or executive orders
applicable to such subcontracts.
(2) Subcontracts.--In this subsection, the term
``subcontract'' includes a transfer of commercial items between
divisions, subsidiaries, or affiliates of a contractor or
subcontractor. The term does not include agreements entered into
by a contractor for the supply of commodities that are intended
for use in the performance of multiple contracts with the
Department of Defense and other parties and are not identifiable
to any particular contract.
SEC. 875. <<NOTE: 10 USC 2305 note.>> USE OF COMMERCIAL OR NON-
GOVERNMENT STANDARDS IN LIEU OF MILITARY
SPECIFICATIONS AND STANDARDS.
(a) In General.--The Secretary of Defense shall ensure that the
Department of Defense uses commercial or non-Government specifications
and standards in lieu of military specifications and standards,
including for procuring new systems, major modifications, upgrades to
current systems, non-developmental and commercial items, and programs in
all acquisition categories, unless no practical alternative exists to
meet user needs. If it is not practicable to use a commercial or non-
Government standard, a Government-unique specification may be used.
(b) Limited Use of Military Specifications.--
(1) In general.--Military specifications shall be used in
procurements only to define an exact design solution when there
is no acceptable commercial or non-Government standard or when
the use of a commercial or non-Government standard is not cost
effective.
(2) Waiver.--A waiver for the use of military specifications
in accordance with paragraph (1) shall be approved by either the
appropriate milestone decision authority, the appropriate
service acquisition executive, or the Under Secretary of Defense
for Acquisition, Technology, and Logistics.
(c) Revision to DFARS.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense
[[Page 130 STAT. 2311]]
for Acquisition, Technology, and Logistics shall revise the Defense
Federal Acquisition Regulation Supplement to encourage contractors to
propose commercial or non-Government standards and industry-wide
practices that meet the intent of the military specifications and
standards.
(d) Development of Non-government Standards.--The Under Secretary
for Acquisition, Technology, and Logistics shall form partnerships with
appropriate industry associations to develop commercial or non-
Government standards for replacement of military specifications and
standards where practicable.
(e) Education, Training, and Guidance.--The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall ensure that
training, education, and guidance programs throughout the Department are
revised to incorporate specifications and standards reform.
(f) Licenses.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall negotiate licenses for standards to be
used across the Department of Defense and shall maintain an inventory of
such licenses that is accessible to other Department of Defense
organizations.
SEC. 876. <<NOTE: 10 USC 2377 note.>> PREFERENCE FOR COMMERCIAL
SERVICES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall revise the guidance issued pursuant to
section 855 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2377 note) to provide that--
(1) the head of an agency may not enter into a contract in
excess of $10,000,000 for facilities-related services,
knowledge-based services (except engineering services),
construction services, medical services, or transportation
services that are not commercial services unless the service
acquisition executive of the military department concerned, the
head of the Defense Agency concerned, the commander of the
combatant command concerned, or the Under Secretary of Defense
for Acquisition, Technology, and Logistics (as applicable)
determines in writing that no commercial services are suitable
to meet the agency's needs as provided in section 2377(c)(2) of
title 10, United States Code; and
(2) the head of an agency may not enter into a contract in
an amount above the simplified acquisition threshold and below
$10,000,000 for facilities-related services, knowledge-based
services (except engineering services), construction services,
medical services, or transportation services that are not
commercial services unless the contracting officer determines in
writing that no commercial services are suitable to meet the
agency's needs as provided in section 2377(c)(2) of such title.
SEC. 877. TREATMENT OF COMMINGLED ITEMS PURCHASED BY CONTRACTORS
AS COMMERCIAL ITEMS.
(a) In General.--Chapter 140 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2380B. <<NOTE: 10 USC 2380B.>> Treatment of commingled
items purchased by contractors as commercial
items
``Notwithstanding 2376(1) of this title, items valued at less than
$10,000 that are purchased by a contractor for use in the
[[Page 130 STAT. 2312]]
performance of multiple contracts with the Department of Defense and
other parties and are not identifiable to any particular contract shall
be treated as a commercial item for purposed of this chapter.''.
(b) <<NOTE: 10 USC 2375 prec.>> Clerical Amendment.--The table of
sections for such chapter is amended by inserting after the item
relating to section 2380A the following new item:
``2380B. Treatment of items purchased prior to release of prime contract
requests for proposals as commercial items.''.
SEC. 878. TREATMENT OF SERVICES PROVIDED BY NONTRADITIONAL
CONTRACTORS AS COMMERCIAL ITEMS.
(a) In General.--Section 2380A of title 10, United States Code, is
amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) Goods and Services Provided by Nontraditional Defense
Contractors.--Notwithstanding''; and
(2) by adding at the end the following new subsection:
``(b) Services Provided by Certain Nontraditional Contractors.--
Notwithstanding section 2376(1) of this title, services provided by a
business unit that is a nontraditional defense contractor (as that term
is defined in section 2302(9) of this title) shall be treated as
commercial items for purposes of this chapter, to the extent that such
services use the same pool of employees as used for commercial customers
and are priced using methodology similar to methodology used for
commercial pricing.''.
(b) Conforming Amendments.--
(1) Section heading.--Section 2380A of title 10, United
States Code, as amended by subsection (a), is further amended by
striking the section heading and inserting the following:
``Sec. 2380a. Treatment of certain items as commercial items''.
(2) <<NOTE: 10 USC 2375 prec.>> Table of sections.--The
table of sections at the beginning of chapter 140 of title 10,
United States Code, is amended by striking the item relating to
section 2380A and inserting the following new item:
``2380a. Treatment of certain items as commercial items.''.
SEC. 879. <<NOTE: 10 USC 2302 note.>> DEFENSE PILOT PROGRAM FOR
AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL
ITEMS, TECHNOLOGIES, AND SERVICES USING
GENERAL SOLICITATION COMPETITIVE
PROCEDURES.
(a) Authority.--The Secretary of Defense and the Secretaries of the
military departments may carry out a pilot program, to be known as the
``defense commercial solutions opening pilot program'', under which the
Secretary may acquire innovative commercial items, technologies, and
services through a competitive selection of proposals resulting from a
general solicitation and the peer review of such proposals.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the pilot program under
subsection (a) shall be considered to be use of competitive procedures
for purposes of chapter 137 of title 10, United States Code.
(c) Limitations.--
(1) In general.--The Secretary may not enter into a contract
or agreement under the pilot program for an amount in excess of
$100,000,000 without a written determination from
[[Page 130 STAT. 2313]]
the Under Secretary for Acquisition, Logistics, and Technology
or the relevant service acquisition executive of the efficacy of
the effort to meet mission needs of the Department of Defense or
the relevant military department.
(2) Fixed-price requirement.--Contracts or agreements
entered into under the program shall be fixed-price, including
fixed-price incentive fee contracts.
(3) Treatment as commercial items.--Notwithstanding section
2376(1) of title 10, United States Code, items, technologies,
and services acquired under the pilot program shall be treated
as commercial items.
(d) Guidance.--Not later than six months after the date of the
enactment of this Act, the Secretary shall issue guidance for the
implementation of the pilot program under this section within the
Department of Defense. Such guidance shall be issued in consultation
with the Director of the Office of Management and Budget and shall be
posted for access by the public.
(e) Congressional Notification Required.--
(1) In general.--Not later than 45 days after the award of a
contract for an amount exceeding $100,000,000 using the
authority in subsection (a), the Secretary of Defense shall
notify the congressional defense committees of such award.
(2) Elements.--Notice of an award under paragraph (1) shall
include the following:
(A) Description of the innovative commercial item,
technology, or service acquired.
(B) Description of the requirement, capability gap,
or potential technological advancement with respect to
which the innovative commercial item, technology, or
service acquired provides a solution or a potential new
capability.
(C) Amount of the contract awarded.
(D) Identification of contractor awarded the
contract.
(f) Definition.--In this section, the term ``innovative'' means--
(1) any technology, process, or method, including research
and development, that is new as of the date of submission of a
proposal; or
(2) any application that is new as of the date of submission
of a proposal of a technology, process, or method existing as of
such date.
(g) Sunset.--The authority to enter into contracts under the pilot
program shall expire on September 30, 2022.
SEC. 880. <<NOTE: 41 USC 3301 note.>> PILOT PROGRAMS FOR
AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL
ITEMS USING GENERAL SOLICITATION
COMPETITIVE PROCEDURES.
(a) Authority.--
(1) In general.--The head of an agency may carry out a pilot
program, to be known as a ``commercial solutions opening pilot
program'', under which innovative commercial items may be
acquired through a competitive selection of proposals resulting
from a general solicitation and the peer review of such
proposals.
(2) Head of an agency.--In this section, the term ``head of
an agency'' means the following:
(A) The Secretary of Homeland Security.
(B) The Administrator of General Services.
[[Page 130 STAT. 2314]]
(3) Applicability of section.--This section applies to the
following agencies:
(A) The Department of Homeland Security.
(B) The General Services Administration.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the pilot program under
subsection (a) shall be considered, in the case of the Department of
Homeland Security and the General Services Administration, to be use of
competitive procedures for purposes of division C of title 41, United
States Code (as defined in section 152 of such title).
(c) Limitation.--The head of an agency may not enter into a contract
under the pilot program for an amount in excess of $10,000,000.
(d) Guidance.--The head of an agency shall issue guidance for the
implementation of the pilot program under this section within that
agency. Such guidance shall be issued in consultation with the Office of
Management and Budget and shall be posted for access by the public.
(e) Report Required.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the head of an agency shall submit
to the congressional committees specified in paragraph (3) a
report on the activities the agency carried out under the pilot
program.
(2) Elements of report.--Each report under this subsection
shall include the following:
(A) An assessment of the impact of the pilot program
on competition.
(B) A comparison of acquisition timelines for--
(i) procurements made using the pilot program;
and
(ii) procurements made using other competitive
procedures that do not use general solicitations.
(C) A recommendation on whether the authority for
the pilot program should be made permanent.
(3) Specified congressional committees.--The congressional
committees specified in this paragraph are the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives.
(f) Innovative Defined.--In this section, the term ``innovative''
means--
(1) any new technology, process, or method, including
research and development; or
(2) any new application of an existing technology, process,
or method.
(g) Termination.--The authority to enter into a contract under a
pilot program under this section terminates on September 30, 2022.
[[Page 130 STAT. 2315]]
Subtitle G--Industrial Base Matters
SEC. 881. <<NOTE: 10 USC 2501 note.>> GREATER INTEGRATION OF THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Plan Required.--Not later than January 1, 2018, the Secretary of
Defense shall develop a plan to reduce the barriers to the seamless
integration between the persons and organizations that comprise the
national technology and industrial base (as defined in section 2500 of
title 10, United States Code). The plan shall include at a minimum the
following elements:
(1) A description of the various components of the national
technology and industrial base, including government entities,
universities, nonprofit research entities, nontraditional and
commercial item contractors, and private contractors that
conduct commercial and military research, produce commercial
items that could be used by the Department of Defense, and
produce items designated and controlled under section 38 of the
Arms Export Control Act (also known as the ``United States
Munitions List'').
(2) Identification of the barriers to the seamless
integration of the transfer of knowledge, goods, and services
among the persons and organizations of the national technology
and industrial base.
(3) Identification of current authorities that could
contribute to further integration of the persons and
organizations of the national technology and industrial base,
and a plan to maximize the use of those authorities.
(4) Identification of changes in export control rules,
procedures, and laws that would enhance the civil-military
integration policy objectives set forth in section 2501(b) of
title 10, United States Code, for the national technology and
industrial base to increase the access of the Armed Forces to
commercial products, services, and research and create
incentives necessary for nontraditional and commercial item
contractors, universities, and nonprofit research entities to
modify commercial products or services to meet Department of
Defense requirements.
(5) Recommendations for increasing integration of the
national technology and industrial base that supplies defense
articles to the Armed Forces and enhancing allied
interoperability of forces through changes to the text or the
implementation of--
(A) section 126.5 of title 22, Code of Federal
Regulations (relating to exemptions that are applicable
to Canada under the International Traffic in Arms
Regulations);
(B) the Treaty Between the Government of the United
States of America and the Government of Australia
Concerning Defense Trade Cooperation, done at Sydney on
September 5, 2007;
(C) the Treaty Between the Government of the United
States of America and the Government of the United
Kingdom of Great Britain and Northern Ireland Concerning
Defense Trade Cooperation, done at Washington and London
on June 21 and 26, 2007; and
(D) any other agreements among the countries
comprising the national technology and industrial base.
[[Page 130 STAT. 2316]]
(b) Amendment to Definition of National Technology and Industrial
Base.--Section 2500(1) of title 10, United States Code, is amended by
inserting ``, the United Kingdom of Great Britain and Northern Ireland,
Australia,'' after ``United States''.
(c) Reporting Requirement.--The Secretary of Defense shall report on
the progress of implementing the plan in subsection (a) in the report
required under section 2504 of title 10, United States Code.
SEC. 882. INTEGRATION OF CIVIL AND MILITARY ROLES IN ATTAINING
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
OBJECTIVES.
Section 2501(b) of title 10, United States Code, is amended by
striking ``It is the policy of Congress that the United States attain''
and inserting ``The Secretary of Defense shall ensure that the United
States attains''.
SEC. 883. <<NOTE: 10 USC 2302 note.>> PILOT PROGRAM FOR
DISTRIBUTION SUPPORT AND SERVICES FOR
WEAPON SYSTEMS CONTRACTORS.
(a) Authority.--The Secretary of Defense may carry out a six-year
pilot program under which the Secretary may make available storage and
distribution services support to a contractor in support of the
performance by the contractor of a contract for the production,
modification, maintenance, or repair of a weapon system that is entered
into by the Department of Defense.
(b) Support Contracts.--
(1) In general.--Any storage and distribution services to be
provided under the pilot program under this section to a
contractor in support of the performance of a contract described
in subsection (a) shall be provided under a separate contract
that is entered into by the Director of the Defense Logistics
Agency with that contractor. The requirements of section 2208(h)
of title 10, United States Code, and the regulations prescribed
pursuant to such section shall apply to any such separate
support contract between the Director of the Defense Logistics
Agency and the contractor.
(2) Limitation.--Not more than five support contracts
between the Director and the contractor may be awarded under the
pilot program.
(c) Scope of Support and Services.--The storage and distribution
support services that may be provided under this section in support of
the performance of a contract described in subsection (a) are storage
and distribution of materiel and repair parts necessary for the
performance of that contract.
(d) Regulations.--Before exercising the authority under the pilot
program under this section, the Secretary of Defense shall prescribe in
regulations such requirements, conditions, and restrictions as the
Secretary determines appropriate to ensure that storage and distribution
services are provided under the pilot program only when it is in the
best interests of the United States to do so. The regulations shall
include, at a minimum, the following:
(1) A requirement for the solicitation of offers for a
contract described in subsection (a), for which storage and
distribution services are to be made available under the pilot
program, including--
(A) a statement that the storage and distribution
services are to be made available under the authority of
the pilot program under this section to any contractor
awarded
[[Page 130 STAT. 2317]]
the contract, but only on a basis that does not require
acceptance of the support and services; and
(B) a description of the range of the storage and
distribution services that are to be made available to
the contractor.
(2) A requirement for the rates charged a contractor for
storage and distribution services provided to a contractor under
the pilot program to reflect the full cost to the United States
of the resources used in providing the support and services,
including the costs of resources used, but not paid for, by the
Department of Defense.
(3) With respect to a contract described in subsection (a)
that is being performed for a department or agency outside the
Department of Defense, a prohibition, in accordance with
applicable contracting procedures, on the imposition of any
charge on that department or agency for any effort of Department
of Defense personnel or the contractor to correct deficiencies
in the performance of such contract.
(4) A prohibition on the imposition of any charge on a
contractor for any effort of the contractor to correct a
deficiency in the performance of storage and distribution
services provided to the contractor under this section.
(5) A requirement that storage and distribution services
provided under the pilot program may not interfere with the
mission of the Defense Logistics Agency or of any military
department involved with the pilot program.
(6) A requirement that any support contract for storage and
distribution services entered into under the pilot program shall
include a clause to indemnify the Government against any failure
by the contractor to perform the support contract, and to remain
responsible for performance of the primary contract.
(e) Relationship to Treaty Obligations.--The Secretary shall ensure
that the exercise of authority under the pilot program under this
section does not conflict with any obligation of the United States under
any treaty or other international agreement.
(f) Reports.--
(1) Secretary of defense.--Not later than the end of the
fourth year of operation of the pilot program, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report describing--
(A) the cost effectiveness for both the Government
and industry of the pilot program; and
(B) how support contracts under the pilot program
affected meeting the requirements of primary contracts.
(2) Comptroller general.--Not later than the end of the
fifth year of operation of the pilot program, the Comptroller
General of the United States shall review the report of the
Secretary under paragraph (1) for sufficiency and provide such
recommendations in a report to the Committees on Armed Services
of the Senate and House of Representatives as the Comptroller
General considers appropriate.
(g) Sunset.--The authority to enter into contracts under the pilot
program shall expire six years after the date of the enactment of this
Act. Any contracts entered into before such date shall continue in
effect according to their terms.
[[Page 130 STAT. 2318]]
SEC. 884. <<NOTE: 10 USC 2302 note.>> NONTRADITIONAL AND SMALL
CONTRACTOR INNOVATION PROTOTYPING PROGRAM.
(a) In General.--The Secretary of Defense shall conduct a pilot
program for nontraditional defense contractors and small business
concerns to design, develop, and demonstrate innovative prototype
military platforms of significant scope for the purpose of demonstrating
new capabilities that could provide alternatives to existing acquisition
programs and assets. The Secretary shall establish the pilot program
within the Departments of the Army, Navy, and Air Force, the Missile
Defense Agency, and the United States Special Operations Command.
(b) Funding.--There is authorized to be made available $250,000,000
from the Rapid Prototyping Fund established under section 804(d) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2302 note) to carry out the pilot program.
(c) Plan.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees, concurrent with the budget
for the Department of Defense for fiscal year 2018, as submitted
to Congress pursuant to section 1105 of title 31, United States
Code, a plan to fund and carry out the pilot program in future
years.
(2) Elements.--The plan submitted under paragraph (1) shall
consider maximizing use of--
(A) broad agency announcements or other merit-based
selection procedures;
(B) the Department of Defense Acquisition Challenge
Program authorized under section 2359b of title 10,
United States Code;
(C) the foreign comparative test program;
(D) projects carried out under the Rapid Innovation
Program of the Department of Defense or pursuant to a
Phase III agreement (as defined in section 9(r)(2) of
the Small Business Act (15 U.S.C. 638(r)(2))); and
(E) streamlined procedures for acquisition provided
under section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
2302 note) and procedures for alternative acquisition
pathways established under section 805 of such Act (10
U.S.C. 2302 note).
(d) Programs To Be Included.--As part of the pilot program, the
Secretary of Defense shall allocate up to $50,000,000 on a fixed price
contractual basis for fiscal year 2017 or pursuant to the plan submitted
under subsection (c) for demonstrations of the following capabilities:
(1) Swarming of multiple unmanned air vehicles.
(2) Unmanned, modular fixed-wing aircraft that can be
rapidly adapted to multiple missions and serve as a fifth
generation weapons augmentation platform.
(3) Vertical takeoff and landing tiltrotor aircraft.
(4) Integration of a directed energy weapon on an air, sea,
or ground platform.
(5) Swarming of multiple unmanned underwater vehicles.
(6) Commercial small synthetic aperture radar (SAR)
satellites with on-board machine learning for automated, real-
time feature extraction and predictive analytics.
[[Page 130 STAT. 2319]]
(7) Active protection system to defend against rocket-
propelled grenades and anti-tank missiles.
(8) Defense against hypersonic weapons, including sensors.
(9) Other systems as designated by the Secretary.
(e) Definitions.--In this section:
(1) Nontraditional defense contractor.--The term
``nontraditional defense contractor'' has the meaning given the
term in section 2302(9) of title 10, United States Code.
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(f) Sunset.--The authority under this section expires at the close
of September 30, 2026.
Subtitle H--Other Matters
SEC. 885. REPORT ON BID PROTESTS.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with an independent research entity that is a not-for-profit
entity or a federally funded research and development center with
appropriate expertise and analytical capability to carry out a
comprehensive study on the prevalence and impact of bid protests on
Department of Defense acquisitions, including protests filed with
contracting agencies, the Government Accountability Office, and the
Court of Federal Claims.
(b) Elements.--The report required by subsection (a) shall cover
Department of Defense contracts and include, at a minimum, the following
elements:
(1) For employees of the Department, including the
contracting officers, program executive officers, and program
managers, the extent and manner in which the bid protest system
affects or is perceived to affect--
(A) the development of a procurement to avoid
protests rather than improve acquisition;
(B) the quality or quantity of pre-proposal
discussions, discussions of proposals, or post-award
debriefings;
(C) the decision to use lowest price technically
acceptable procurement methods;
(D) the decision to make multiple awards or
encourage teaming;
(E) the ability to meet an operational or mission
need or address important requirements;
(F) the decision to use sole source award methods;
and
(G) the decision to exercise options on existing
contracts.
(2) With respect to a company bidding on contracts or task
or delivery orders, the extent and manner in which the bid
protest system affects or is perceived to affect--
(A) the decision to offer a bid or proposal on
single award or multiple award contracts when the
company is the incumbent contractor;
(B) the decision to offer a bid or proposal on
single award or multiple award contracts when the
company is not the incumbent contractor;
[[Page 130 STAT. 2320]]
(C) the ability to engage in pre-proposal
discussions, discussions of proposals, or post -award
debriefings;
(D) the decision to participate in a team or joint
venture; and
(E) the decision to file a protest with the agency
concerned, the Government Accountability Office, or the
Court of Federal Claims.
(3) A description of trends in the number of bid protests
filed with agencies, the Government Accountability Office, and
Federal courts, the effectiveness of each forum for contracts
and task or delivery orders, and the rate of such bid protests
compared to contract obligations and the number of contracts.
(4) An analysis of bid protests filed by incumbent
contractors, including--
(A) the rate at which such protesters are awarded
bridge contracts or contract extensions over the period
that the protest remains unresolved; and
(B) an assessment of the cost and schedule impact of
successful and unsuccessful bid protests filed by
incumbent contractors on contracts for services with a
value in excess of $100,000,000.
(5) A comparison of the number of protests, the values of
contested orders or contracts, and the outcome of protests for--
(A) awards of contracts compared to awards of task
or delivery orders;
(B) contracts or orders primarily for products,
compared to contracts or orders primarily for services;
(C) protests filed pre-award to challenge the
solicitation compared to those filed post-award;
(D) contracts or awards with single protestors
compared to multiple protestors; and
(E) contracts with single awards compared to
multiple award contracts.
(6) An analysis of the number and disposition of protests
filed with the contracting agency.
(7) A description of trends in the number of bid protests
filed as a percentage of contracts and as a percentage of task
or delivery orders awarded during the same period of time,
overall and set forth separately by the value of the contract or
order, as follows:
(A) Contracts valued in excess of $3,000,000,000.
(B) Contracts valued between $500,000,000 and
$3,000,000,000.
(C) Contracts valued between $50,000,000 and
$500,000,000.
(D) Contracts valued between $10,000,000 and
$50,000,000.
(E) Contracts valued under $10,000,000.
(8) An assessment of the cost and schedule impact of
successful and unsuccessful bid protests filed on contracts
valued in excess of $3,000,000,000.
(9) An analysis of how often protestors are awarded the
contract that was the subject of the bid protest.
(10) A summary of the results of protests in which the
contracting agencies took unilateral corrective action,
including--
[[Page 130 STAT. 2321]]
(A) at what point in the bid protest process the
agency agreed to take corrective action;
(B) the average time for remedial action to be
completed; and
(C) a determination regarding--
(i) whether or to what extent the decision to
take the corrective action was a result of a
determination by the agency that there had been a
probable violation of law or regulation; or
(ii) whether or to what extent such corrective
action was a result of some other factor.
(11) A description of the time it takes agencies to
implement corrective actions after a ruling or decision, and the
percentage of those corrective actions that are subsequently
protested, including the outcome of any subsequent protest.
(12) An analysis of those contracts with respect to which a
company files a protest (referred to as the ``initial protest'')
and later files another protest (referred to as the ``subsequent
protest''), analyzed by the forum of the initial protest and the
subsequent protest, including any difference in the outcome,
between the forums.
(13) An analysis of the effect of the quantity and quality
of debriefings on the frequency of bid protests.
(14) An analysis of the time spent at each phase of the
procurement process attempting to prevent a protest, addressing
a protest, or taking corrective action in response to a protest,
including the efficacy of any actions attempted to prevent the
occurrence of a protest.
(c) Briefing.--Not later than March 1, 2017, the Secretary, or his
designee, shall brief the Committees on Armed Services of the Senate and
House of Representatives on interim findings of the independent entity.
(d) Report.--Not later than one year after the date of the enactment
of this Act, the independent entity that conducts the study under
subsection (a) shall provide to the Secretary of Defense and the
congressional defense committees a report on the results of the study,
along with any related recommendations.
SEC. 886. REVIEW AND REPORT ON INDEFINITE DELIVERY CONTRACTS.
(a) Report.--The Comptroller General of the United States shall
deliver, not later than March 31, 2018, a report to Congress on the use
by the Department of Defense of indefinite delivery contracts entered
into during fiscal years 2015, 2016, and 2017.
(b) Elements.--The report under subsection (a) shall address, at a
minimum, the following:
(1) A review of Department of Defense policies for entering
into and using indefinite delivery contracts, including
requirements for competition, as well as the guidance, if any,
on the appropriate number of vendors that should receive
multiple award indefinite delivery contracts.
(2) The number and value of all indefinite delivery
contracts entered into by the Department of Defense, including
the number and value of such contracts entered into with a
single vendor.
[[Page 130 STAT. 2322]]
(3) An assessment of the number and value of indefinite
delivery contracts entered into by the Department of Defense
that included competition between multiple vendors.
(4) Selected case studies of indefinite delivery contracts,
including an assessment of whether any such contracts may have
limited future opportunities for competition for the services or
items required.
(5) Recommendations for potential changes to current law or
Department of Defense acquisition regulations or guidance to
promote competition with respect to indefinite delivery
contracts.
SEC. 887. REVIEW AND REPORT ON CONTRACTUAL FLOW-DOWN PROVISIONS.
(a) Review Required.--The Secretary of Defense shall conduct a
review of contractual flow-down provisions related to major defense
acquisition programs on contractors and suppliers, including small
businesses, contractors for commercial items, nontraditional defense
contractors, universities, and not-for-profit research institutions. The
review shall--
(1) identify the flow-down provisions that exist in the
Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement;
(2) identify the flow-down provisions that are critical for
national security;
(3) examine the extent to which clauses in contracts with
the Department of Defense are being applied inappropriately in
subcontracts under the contracts;
(4) assess the applicability of flow-down provisions for the
purchase of commodity items that are acquired in bulk for
multiple acquisition programs;
(5) determine the unnecessary costs or burdens, if any, of
flow-down provisions on the supply chain;
(6) determine the effect, if any, of flow-down provisions on
the participation rate of small businesses, contractors for
commercial items, nontraditional defense contractors,
universities, and not-for-profit research organizations in
defense acquisition efforts; and
(7) determine the effect, if any, of flow-down provisions on
Department of Defense access to advanced research and technology
capabilities available in the private sector.
(b) Contract.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with an independent entity with appropriate expertise to
conduct the review required by subsection (a).
(c) Report.--Not later than August 1, 2017, the Secretary shall
submit to the congressional defense committees a report on the findings
of the independent entity, along with a description of any actions that
the Secretary proposes to address the findings of the independent
entity.
SEC. 888. <<NOTE: 10 USC 2305 note.>> REQUIREMENT AND REVIEW
RELATING TO USE OF BRAND NAMES OR BRAND-
NAME OR EQUIVALENT DESCRIPTIONS IN
SOLICITATIONS.
(a) Requirement.--The Secretary of Defense shall ensure that
competition in Department of Defense contracts is not limited
[[Page 130 STAT. 2323]]
through the use of specifying brand names or brand-name or equivalent
descriptions, or proprietary specifications or standards, in
solicitations unless a justification for such specification is provided
and approved in accordance with section 2304(f) of title 10, United
States Code.
(b) Review of Anti-competitive Specifications in Information
Technology Acquisitions.--
(1) Review required.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall conduct a review of
the policy, guidance, regulations, and training related to
specifications included in information technology acquisitions
to ensure current policies eliminate the unjustified use of
potentially anti-competitive specifications. In conducting the
review, the Under Secretary shall examine the use of brand names
or proprietary specifications or standards in solicitations for
procurements of goods and services, as well as the current
acquisition training curriculum related to those areas.
(2) Briefing required.--Not later than 270 days after the
date of the enactment of this Act, the Under Secretary shall
provide a briefing to the Committees on Armed Services of the
Senate and House of Representatives on the results of the review
required by paragraph (1).
(3) Additional guidance.--Not later than one year after the
date of the enactment of this Act, the Under Secretary shall
revise policies, guidance, and training to incorporate such
recommendations as the Under Secretary considers appropriate
from the review required by paragraph (1).
SEC. 889. <<NOTE: 31 USC 3554 note.>> INCLUSION OF INFORMATION ON
COMMON GROUNDS FOR SUSTAINING BID PROTESTS
IN ANNUAL GOVERNMENT ACCOUNTABILITY OFFICE
REPORTS TO CONGRESS.
The Comptroller General of the United States shall include in the
annual report to Congress on the Government Accountability Office each
year a list of the most common grounds for sustaining protests relating
to bids for contracts during such year.
SEC. 890. STUDY AND REPORT ON CONTRACTS AWARDED TO MINORITY-OWNED
AND WOMEN-OWNED BUSINESSES.
(a) Study.--The Comptroller General of the United States shall carry
out a study on the number and types of contracts for the procurement of
goods or services for the Department of Defense awarded to minority-
owned and women-owned businesses during fiscal years 2010 through 2015.
In conducting the study, the Comptroller General shall identify
minority-owned businesses according to the categories identified in the
Federal Procurement Data System (described in section 1122(a)(4)(A) of
title 41, United States Code).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the congressional
defense committees a report on the results of the study under subsection
(a).
SEC. 891. AUTHORITY TO PROVIDE REIMBURSABLE AUDITING SERVICES TO
CERTAIN NON-DEFENSE AGENCIES.
Section 893(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2313 note) is amended--
[[Page 130 STAT. 2324]]
(1) in paragraph (1), by inserting ``except as provided in
paragraph (2),'' after ``this Act,''; and
(2) by amending paragraph (2) to read as follows:
``(2) Exception for national nuclear security
administration.--Notwithstanding paragraph (1), the Defense
Contract Audit Agency may provide audit support on a
reimbursable basis for the National Nuclear Security
Administration.''.
SEC. 892. <<NOTE: 10 USC 2331 note.>> SELECTION OF SERVICE
PROVIDERS FOR AUDITING SERVICES AND AUDIT
READINESS SERVICES.
The Department of Defense shall select service providers for
auditing services and audit readiness services based on the best value
to the Department, as determined by the resource sponsor for an auditing
contract, rather than based on the lowest price technically acceptable
service provider.
SEC. 893. AMENDMENTS TO CONTRACTOR BUSINESS SYSTEM REQUIREMENTS.
(a) Business System Requirements.--Section 893 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2302 note) is amended in subsection (b)(1), by striking
``system requirements'' and inserting ``clear and specific business
system requirements that are identified and made publicly available''.
(b) Third-party Independent Auditor Reviews.--Section 893 of such
Act is further amended--
(1) by redesignating subsections (c), (d), (e), (f), and (g)
as subsections (d), (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Review by Third-party Independent Auditors.--The review
process for contractor business systems pursuant to subsection (b)(2)
shall--
``(1) if a registered public accounting firm attests to the
internal control assessment of a contractor, pursuant to section
404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)),
allow the contractor, subject to paragraph (3), to submit
certified documentation from such registered public accounting
firm that the contractor business systems of the contractor meet
the business system requirements referred to in subsection
(b)(1) and to thereby eliminate the need for further review of
the contractor business systems by the Secretary of Defense;
``(2) limit the review, subject to paragraph (3), of the
contractor business systems of a contractor that is not a
covered contractor to confirming that the contractor uses the
same contractor business system for its Government and
commercial work and that the outputs of the contractor business
system based on statistical sampling are reasonable; and
``(3) allow a milestone decision authority to require a
review of a contractor business system of a contractor that
submits documentation pursuant to paragraph (1) or that is not a
covered contractor after determining in writing that such a
review is necessary to appropriately manage contractual risk.''.
(c) Amendment to Definition of Covered Contractor.--Section 893 of
such Act is further amended in subsection (g), as so redesignated, by
striking ``means a contractor'' and all that follows and inserting
``means a contractor that has covered contracts
[[Page 130 STAT. 2325]]
with the United States Government accounting for greater than 1 percent
of its total gross revenue, except that the term does not include any
contractor that is exempt, under section 1502 of title 41, United States
Code, or regulations implementing that section, from using full cost
accounting standards established in that section.''.
(d) Repeal of Obsolete Deadline.--Section 893 of such Act is further
amended in subsection (a) by striking ``Not later than 270 days after
the date of the enactment of this Act, the'' and inserting ``The''.
SEC. 894. <<NOTE: 10 USC 2222 note.>> IMPROVED MANAGEMENT
PRACTICES TO REDUCE COST AND IMPROVE
PERFORMANCE OF CERTAIN DEPARTMENT OF
DEFENSE ORGANIZATIONS.
(a) In General.--Beginning not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall designate
units, subunits, or entities of the Department of Defense, other than
Centers of Industrial and Technical Excellence designated pursuant to
section 2474 of title 10, United States Code, that conduct work that is
commercial in nature or is not inherently governmental to prioritize
efforts to conduct business operations in a manner that uses modern,
commercial management practices and principles to reduce the costs and
improve the performance of such organizations.
(b) Adoption of Modern Business Practices.--The Secretary shall
ensure that each such unit, subunit, or entity of the Department
described in subsection (a) is authorized to adopt and implement best
commercial and business management practices to achieve the goals
described in such subsection.
(c) Waivers.--The Secretary shall authorize waivers of Department of
Defense, military service, and Defense Agency regulations, as
appropriate, to achieve the goals in subsection (a), including in the
following areas:
(1) Financial management.
(2) Human resources.
(3) Facility and plant management.
(4) Acquisition and contracting.
(5) Partnerships with the private sector.
(6) Other business and management areas as identified by the
Secretary.
(d) Goals.--The Secretary of Defense shall identify savings goals to
be achieved through the implementation of the commercial and business
management practices adopted under subsection (b), and establish a
schedule for achieving the savings.
(e) Budget Adjustment.--The Secretary shall establish policies to
adjust organizational budget allocations, at the Secretary's discretion,
for purposes of--
(1) using savings derived from implementation of best
commercial and business management practices for high priority
military missions of the Department of Defense;
(2) creating incentives for the most efficient and effective
development and adoption of new commercial and business
management practices by organizations; and
(3) investing in the development of new commercial and
business management practices that will result in further
savings to the Department of Defense.
[[Page 130 STAT. 2326]]
(f) Budget Baselines.--Beginning not later than one year after the
date of the enactment of this Act, each such unit, subunit, or entity of
the Department described in subsection (a) shall, in accordance with
such guidance as the Secretary of Defense shall establish for purposes
of this section--
(1) establish an annual baseline cost estimate of its
operations; and
(2) certify that costs estimated pursuant to paragraph (1)
are wholly accounted for and presented in a format that is
comparable to the format for the presentation of such costs for
other elements of the Department or consistent with best
commercial practices.
SEC. 895. <<NOTE: 40 USC 11103 note.>> EXEMPTION FROM REQUIREMENT
FOR CAPITAL PLANNING AND INVESTMENT
CONTROL FOR INFORMATION TECHNOLOGY
EQUIPMENT INCLUDED AS INTEGRAL PART OF A
WEAPON OR WEAPON SYSTEM.
(a) Waiver Authority.--Notwithstanding subsection (c)(2) of section
11103 of title 40, United States Code, a national security system
described in subsection (a)(1)(D) of such section shall not be subject
to the requirements of paragraphs (2) through (5) of section 11312(b) of
such title unless the milestone decision authority determines in writing
that application of such requirements is appropriate and in the best
interests of the Department of Defense.
(b) Milestone Decision Authority Defined.--In this section, the term
``milestone decision authority'' has the meaning given the term in
section 2366a(d)(7) of title 10, United States Code.
SEC. 896. MODIFICATIONS TO PILOT PROGRAM FOR STREAMLINING AWARDS
FOR INNOVATIVE TECHNOLOGY PROJECTS.
Section 873 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2306a note) is amended--
(1) in subsection (a)(2), by inserting ``or Small Business
Technology Transfer Program'' after ``Small Business Innovation
Research Program'';
(2) in subsection (b)--
(A) by inserting ``subparagraphs (A), (B), and (C)
of section 2313(a)(2) of title 10, United States Code,
and'' before ``subsection (b) of section 2313''; and
(B) in paragraph (2), by inserting ``, and if such
performance audit is initiated within 18 months of the
contract completion'' before the period at the end;
(3) <<NOTE: 15 USC 638.>> by redesignating subsections (c),
(d), and (e) as subsections (f), (g), and (h), respectively; and
(4) by inserting after subsection (b) the following new
subsections:
``(c) Treatment as Competitive Procedures.--Use of a technical,
merit-based selection procedure or the Small Business Innovation
Research Program or Small Business Technology Transfer Program for the
pilot program under this section shall be considered to be use of
competitive procedures for purposes of chapter 137 of title 10, United
States Code.
``(d) Discretion To Use Non-certified Accounting Systems.--In
executing programs under this pilot program, the Secretary of Defense
shall establish procedures under which a small business or
nontraditional contractor may engage an independent certified public
accountant for the review and certification of its
[[Page 130 STAT. 2327]]
accounting system for the purposes of any audits required by regulation,
unless the head of the agency determines that this is not appropriate
based on past performance of the specific small business or
nontraditional defense contractor, or based on analysis of other
information specific to the award.
``(e) Guidance and Training.--The Secretary of Defense shall ensure
that acquisition and auditing officials are provided guidance and
training on the flexible use and tailoring of authorities under the
pilot program to maximize efficiency and effectiveness.''.
SEC. 897. RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPARTMENTS.
Section 804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note), as amended by
section 864 of this Act, is further amended--
(1) in the subsection heading, by striking ``Fund'' and
inserting ``Funds'';
(2) in paragraph (1), by striking ``In general.--The
Secretary'' and inserting the following: ``Department of defense
rapid prototyping fund.--
``(A) In general.--The Secretary'';
(3) by redesignating paragraphs (2) and (3) as subparagraphs
(B) and (C), respectively, and moving such subparagraphs, as so
redesignated, two ems to the right;
(4) in subparagraph (B), as redesignated by paragraph (3),
by striking ``this subsection'' and inserting ``this
paragraph''; and
(5) by inserting after paragraph (1) the following new
paragraph:
``(2) Rapid prototyping funds for the military
departments.--The Secretary of each military department may
establish a military department-specific fund (and, in the case
of the Secretary of the Navy, including the Marine Corps) to
provide funds, in addition to other funds that may be available
to the military department concerned, for acquisition programs
under the rapid fielding and prototyping pathways established
pursuant to this section. Each military department-specific fund
shall consist of amounts appropriated or credited to the
fund.''.
SEC. 898. <<NOTE: 10 USC 2302 note.>> ESTABLISHMENT OF PANEL ON
DEPARTMENT OF DEFENSE AND ABILITYONE
CONTRACTING OVERSIGHT, ACCOUNTABILITY, AND
INTEGRITY; DEFENSE ACQUISITION UNIVERSITY
TRAINING.
(a) Establishment of Panel on Department of Defense and AbilityOne
Contracting Oversight, Accountability, and Integrity.--
(1) In general.--The Secretary of Defense shall establish a
panel to be known as the ``Panel on Department of Defense and
AbilityOne Contracting Oversight, Accountability, and
Integrity'' (hereafter in this section referred to as the
``Panel''). The Panel shall be supported by the Defense
Acquisition University, established under section 1746 of title
10, United States Code, and the National Defense University,
including administrative support.
(2) Composition.--The Panel shall be composed of the
following:
[[Page 130 STAT. 2328]]
(A) A representative of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, who
shall be the chairman of the Panel.
(B) A representative from the AbilityOne Commission.
(C) A representative of the service acquisition
executive of each military department and Defense Agency
(as such terms are defined, respectively, in section 101
of title 10, United States Code).
(D) A representative of the Under Secretary of
Defense (Comptroller).
(E) A representative of the Inspector General of the
Department of Defense and the AbilityOne Commission.
(F) A representative from each of the Army Audit
Agency, the Navy Audit Service, the Air Force Audit
Agency, and the Defense Contract Audit Agency.
(G) The President of the Defense Acquisition
University, or a designated representative.
(H) One or more subject matter experts on veterans
employment from a veterans service organization.
(I) A representative of the Commission Directorate
of Veteran Employment of the AbilityOne Commission whose
duties include maximizing opportunities to employ
significantly disabled veterans in accordance with the
regulations of the AbilityOne Commission.
(J) One or more representatives from the Department
of Justice who are subject matter experts on compliance
with disability rights laws applicable to contracts of
the Department of Defense and the AbilityOne Commission.
(K) One or more representatives from the Department
of Justice who are subject matter experts on Department
of Defense contracts, Federal Prison Industries, and the
requirements of the Javits-Wagner-O'Day Act.
(L) Such other representatives as may be determined
appropriate by the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(b) Meetings.--The Panel shall meet as determined necessary by the
chairman of the Panel, but not less often than once every three months.
(c) Duties.--The Panel shall--
(1) review the status of and progress relating to the
implementation of the recommendations of report number DODIG-
2016-097 of the Inspector General of the Department of Defense
titled ``DoD Generally Provided Effective Oversight of
AbilityOne Contracts'', published on June 17, 2016;
(2) recommend actions the Department of Defense and the
AbilityOne Commission may take to eliminate waste, fraud, and
abuse with respect to contracts of the Department of Defense and
the AbilityOne Commission;
(3) recommend actions the Department of Defense and the
AbilityOne Commission may take to ensure opportunities for the
employment of significantly disabled veterans and the blind and
other severely disabled individuals;
(4) recommend changes to law, regulations, and policy that
the Panel determines necessary to eliminate vulnerability to
waste, fraud, and abuse with respect to the performance of
contracts of the Department of Defense;
[[Page 130 STAT. 2329]]
(5) recommend criteria for veterans with disabilities to be
eligible for employment opportunities through the programs of
the AbilityOne Commission that considers the definitions of
disability used by the Secretary of Veterans Affairs and the
AbilityOne Commission;
(6) recommend ways the Department of Defense and the
AbilityOne Commission may explore opportunities for competition
among qualified nonprofit agencies or central nonprofit agencies
and ensure an equitable selection and allocation of work to
qualified nonprofit agencies;
(7) recommend changes to business practices, information
systems, and training necessary to ensure that--
(A) the AbilityOne Commission complies with
regulatory requirements related to the establishment and
maintenence of the procurement list established pursuant
to section 8503 of title 41, United States Code; and
(B) the Department of Defense complies with the
statutory and regulatory requirements for use of such
procurement list; and
(8) any other duties determined necessary by the Secretary
of Defense.
(d) Consultation.--To carry out the duties described in subsection
(c), the Panel may consult or contract with other executive agencies and
with experts from qualified nonprofit agencies or central nonprofit
agencies on--
(1) compliance with disability rights laws applicable to
contracts of the Department of Defense and the AbilityOne
Commission;
(2) employment of significantly disabled veterans; and
(3) vocational rehabilitation.
(e) Authority.--To carry out the duties described in subsection (c),
the Panel may request documentation or other information needed from the
AbilityOne Commission, central nonprofit agencies, and qualified
nonprofit agencies.
(f) Panel Recommendations and Milestone Dates.--
(1) Milestone dates for implementing recommendations.--After
consulting with central nonprofit agencies and qualified
nonprofit agencies, the Panel shall suggest milestone dates for
the implementation of the recommendations made under subsection
(c) and shall notify the congressional defense committees, the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, qualified nonprofit
agencies, and central nonprofit agencies of such dates.
(2) Notification of implementation of recommendations.--
After the establishment of milestone dates under paragraph (1),
the Panel may review the activities, including contracts, of the
AbilityOne Commission, the central nonprofit agencies, and the
relevant qualified nonprofit agencies to determine if the
recommendations made under subsection (c) are being
substantially implemented in good faith by the AbilityOne
Commission or such agencies. If the Panel determines that the
AbilityOne Commission or any such agency is not implementing the
recommendations, the Panel shall notify the Secretary of
Defense, the congressional defense committees, the Committee on
Oversight and Government Reform of the House
[[Page 130 STAT. 2330]]
of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(g) Remedies.--
(1) In general.--Upon receiving notification under
subsection (f)(2) and subject to the limitation in paragraph
(2), the Secretary of Defense may take one of the following
actions:
(A) With respect to a notification relating to the
AbilityOne Commission, the Secretary may suspend
compliance with the requirement to procure a product or
service in section 8504 of title 41, United States Code,
until the date on which the Secretary notifies Congress,
in writing, that the AbilityOne Commission is
substantially implementing the recommendations made
under subsection (c).
(B) With respect to a notification relating to a
qualified nonprofit agency, the Secretary may terminate
a contract with such agency that is in existence on the
date of receipt of such notification, or elect to not
enter into a contract with such agency after such date,
until the date on which the AbilityOne Commission
certifies to the Secretary that such agency is
substantially implementing the recommendations made
under subsection (c).
(C) With respect to a notification relating to a
central nonprofit agency, the Secretary may include a
term in a contract entered into after the date of
receipt of such notification with a qualified nonprofit
agency that is under such central nonprofit agency that
states that such qualified nonprofit agency shall not
pay a fee to such central nonprofit agency until the
date on which the AbilityOne Commission certifies to the
Secretary that such central nonprofit agency is
substantially implementing the recommendations made
under subsection (c).
(2) Limitation.--If the Secretary of Defense takes any of
the actions described in paragraph (1), the Secretary shall
coordinate with the AbilityOne Commission or the relevant
central nonprofit agency, as appropriate, to fully implement the
recommendations made under subsection (c). On the date on which
such recommendations are fully implemented, the Secretary shall
notify Congress, in writing, and the Secretary's authority under
paragraph (1) shall terminate.
(h) Progress Reports.--
(1) Consultation on recommendations.--Before submitting the
progress report required under paragraph (2), the Panel shall
consult with the AbilityOne Commission on draft recommendations
made pursuant to subsection (c). The Panel shall include any
recommendations of the AbilityOne Commission in the progress
report submitted under paragraph (2).
(2) Progress report.--Not later than 180 days after the date
of the enactment of this Act, the Panel shall submit to the
Secretary of Defense, the Chairman of the AbilityOne Commission,
the congressional defense committees, the Committee on Oversight
and Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate a progress report on the activities of the Panel.
(i) Annual Report.--
(1) Consultation on report.--Before submitting the annual
report required under paragraph (2), the Panel shall
[[Page 130 STAT. 2331]]
consult with the AbilityOne Commission on the contents of the
report. The Panel shall include any recommendations of the
AbilityOne Commission in the report submitted under paragraph
(2).
(2) Report.--Not later than September 30, 2017, and annually
thereafter for the next three years, the Panel shall submit to
the Secretary of Defense, the Chairman of the AbilityOne
Commission, the congressional defense committees, the Committee
on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes--
(A) a summary of findings and recommendations for
the year covered by the report;
(B) a summary of the progress of the relevant
qualified nonprofit agencies or central nonprofit
agencies in implementing recommendations of the previous
year's report, if applicable;
(C) an examination of the current structure of the
AbilityOne Commission to eliminate waste, fraud, and
abuse and to ensure contracting integrity and
accountability for any violations of law or regulations;
(D) recommendations for any changes to the
acquisition and contracting practices of the Department
of Defense and the AbilityOne Commission to improve the
delivery of goods and services to the Department of
Defense; and
(E) recommendations for administrative safeguards to
ensure the Department of Defense and the AbilityOne
Commission are in compliance with the requirements of
the Javits-Wagner-O'Day Act, Federal civil rights law,
and regulations and policy related to the performance of
contracts of the Department of Defense with qualified
nonprofit agencies and the contracts of the AbilityOne
Commission with central nonprofit agencies.
(j) Sunset.--The Panel shall terminate on the date of submission of
the last annual report required under subsection (i).
(k) Inapplicability of FACA.--The requirements of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel
established pursuant to subsection (a).
(l) Defense Acquisition University Training.--
(1) In general.--The Secretary of Defense shall establish a
training program at the Defense Acquisition University
established under section 1746 of title 10, United States Code.
Such training shall include--
(A) information about--
(i) the mission of the AbilityOne Commission;
(ii) the employment of significantly disabled
veterans through contracts from the procurement
list maintained by the AbilityOne Commission;
(iii) reasonable accommodations and
accessibility requirements for the blind and other
severely disabled individuals; and
(iv) Executive orders and other subjects
related to the blind and other severely disabled
individuals, as determined by the Secretary of
Defense; and
(B) procurement, acquisition, program management,
and other training specific to procuring goods and
services
[[Page 130 STAT. 2332]]
for the Department of Defense pursuant to the Javits-
Wagner-O'Day Act.
(2) Acquisition workforce assignment.--Members of the
acquisition workforce (as defined in section 101 of title 10,
United States Code) who have participated in the training
described in paragraph (1) are eligible for a detail to the
AbilityOne Commission.
(3) Abilityone commission assignment.--Career employees of
the AbilityOne Commission may participate in the training
program described in paragraph (1) on a non-reimbursable basis
for up to three years and on a non-reimbursable or reimbursable
basis thereafter.
(4) Funding.--Amounts from the Department of Defense
Acquisition Workforce Development Fund established under section
1705 of title 10, United States Code, are authorized for use for
the detail of members of the acquisition workforce to the
AbilityOne Commission.
(m) Definitions.--In this section:
(1) The term ``AbilityOne Commission'' means the Committee
for Purchase From People Who Are Blind or Severely Disabled
established under section 8502 of title 41, United States Code.
(2) The terms ``blind'', ``qualified nonprofit agency for
the blind'', ``qualified nonprofit agency for other severely
disabled'', and ``severely disabled individual'' have the
meanings given such terms under section 8501 of such title.
(3) The term ``central nonprofit agency'' means a central
nonprofit agency designated under section 8503(c) of such title.
(4) The term ``executive agency'' has the meaning given such
term in section 133 of such title.
(5) The term ``Javits-Wagner-O'Day Act'' means chapter 85 of
such title.
(6) The term ``qualified nonprofit agency'' means--
(A) a qualified nonprofit agency for the blind; or
(B) a qualified nonprofit agency for other severely
disabled.
(7) The term ``significantly disabled veteran'' means a
veteran (as defined in section 101 of title 38, United States
Code) who is a severely disabled individual.
SEC. 899. COAST GUARD MAJOR ACQUISITION PROGRAMS.
(a) Functions of Chief Acquisition Officer.--Section 56(c) of title
14, United States Code, is amended by striking ``and'' after the
semicolon at the end of paragraph (8), striking the period at the end of
paragraph (9) and inserting ``; and'', and adding at the end the
following:
``(10)(A) keeping the Commandant informed of the progress of
major acquisition programs (as that term is defined in section
581);
``(B) informing the Commandant on a continuing basis of any
developments on such programs that may require new or revisited
trade-offs among cost, schedule, technical feasibility, and
performance, including--
``(i) significant cost growth or schedule slippage;
and
``(ii) requirements creep (as that term is defined
in section 2547(c)(1) of title 10); and
[[Page 130 STAT. 2333]]
``(C) ensuring that the views of the Commandant regarding
such programs on cost, schedule, technical feasibility, and
performance trade-offs are strongly considered by program
managers and program executive officers in all phases of the
acquisition process.''.
(b) Customer Service Mission of Directorate.--
(1) In general.--Chapter 15 of title 14, United States Code,
is amended--
(A) in section 561(b)--
(i) in paragraph (1), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (2), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) to meet the needs of customers of major acquisition
programs in the most cost-effective manner practicable.'';
(B) in section 562, by repealing subsection (b) and
redesignating subsections (c), (d), (f), and (g) as
subsections (b), (c), (d), and (e), respectively;
(C) in section 563, by striking ``Not later than 180
days after the date of enactment of the Coast Guard
Authorization Act of 2010, the Commandant shall commence
implementation of'' and inserting ``The Commandant shall
maintain'';
(D) by adding at the end of section 564 the
following:
``(c) Acquisition of Unmanned Aerial Systems.--
``(1) In general.--During any fiscal year for which funds
are appropriated for the design or construction of the Offshore
Patrol Cutter, the Commandant--
``(A) may not award a contract for design of an
unmanned aerial system for use by the Coast Guard; and
``(B) may acquire an unmanned aerial system only--
``(i) if such a system has been acquired by,
or has been used by, the Department of Defense or
the Department of Homeland Security, or a
component thereof, before the date on which the
Commandant acquires the system; and
``(ii) through an agreement with such a
department or component, unless the unmanned
aerial system can be obtained at less cost through
independent contract action.
``(2) Limitations on application.--
``(A) Small unmanned aerial systems.--The
limitations in paragraph (1)(B) do not apply to any
small unmanned aerial system that consists of--
``(i) an unmanned aircraft weighing less than
55 pounds on takeoff, including all components and
equipment on board or otherwise attached to the
aircraft; and
``(ii) associated elements (including
communication links and the components that
control such aircraft) that are required for the
safe and efficient operation of such aircraft.
``(B) Previously funded systems.--The limitations in
paragraph (1) do not apply to the design or acquisition
of an unmanned aerial system for which funds for
research, development, test, and evaluation have been
received from
[[Page 130 STAT. 2334]]
the Department of Defense or the Department of Homeland
Security'';
(E) in subchapter II, by adding at the end the
following:
``Sec. 578. <<NOTE: 14 USC 578.>> Role of Vice Commandant in
major acquisition programs
``The Vice Commandant--
``(1) shall represent the customer of a major acquisition
program with regard to trade-offs made among cost, schedule,
technical feasibility, and performance with respect to such
program; and
``(2) shall advise the Commandant in decisions regarding the
balancing of resources against priorities, and associated trade-
offs referred to in paragraph (1), on behalf of the customer of
a major acquisition program.
``Sec. 579. <<NOTE: 14 USC 579.>> Extension of major acquisition
program contracts
``(a) In General.--Notwithstanding section 564(a)(2) of this title
and section 2304 of title 10, and subject to subsections (b) and (c) of
this section, the Secretary may acquire additional units procured under
a Coast Guard major acquisition program contract, by extension of such
contract without competition, if the Director of the Cost Analysis
Division of the Department of Homeland Security determines that the
costs that would be saved through award of a new contract in accordance
with such sections would not exceed the costs of such an award.
``(b) Limitation on Number of Additional Units.--The number of
additional units acquired under a contract extension under this section
may not exceed the number of additional units for which such
determination is made.
``(c) Determination of Costs Upon Request.--The Director of the Cost
Analysis Division of the Department of Homeland Security shall, at the
request of the Secretary, determine for purposes of this section--
``(1) the costs that would be saved through award of a new
major acquisition program contract in accordance with section
564(a)(2) for the acquisition of a number of additional units
specified by the Secretary; and
``(2) the costs of such award, including the costs that
would be incurred due to acquisition schedule delays and asset
design changes associated with such award.
``(d) Number of Extensions.--A contract may be extended under this
section more than once.''; and
(F) in section 581--
(i) by redesignating paragraphs (7) through
(10) as paragraphs (9) through (12), respectively,
and by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(ii) by inserting after paragraph (2) the
following:
``(3) Customer of a major acquisition program.--The term
`customer of a major acquisition program' means the operating
field unit of the Coast Guard that will field the system or
systems acquired under a major acquisition program.''; and
(iii) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Major acquisition program.--The term `major
acquisition program' means an ongoing acquisition undertaken
[[Page 130 STAT. 2335]]
by the Coast Guard with a life-cycle cost estimate greater than
or equal to $300,000,000.''.
(2) <<NOTE: 14 USC 561 prec.>> Clerical amendment.--The
analysis at the beginning of such chapter is amended by adding
at the end of the items relating to subchapter II the following:
``578. Role of Vice Commandant in major acquisition programs.
``579. Extension of major acquisition program contracts.''.
(c) <<NOTE: 14 USC 561 note.>> Review Required.--
(1) Requirement.--The Commandant of the Coast Guard shall
conduct a review of--
(A) the authorities provided to the Commandant in
chapter 15 of title 14, United States Code, and other
relevant statutes and regulations related to Coast Guard
acquisitions, including developing recommendations to
ensure that the Commandant plays an appropriate role in
the development of requirements, acquisition processes,
and the associated budget practices;
(B) implementation of the strategy prepared in
accordance with section 562(b)(2) of title 14, United
States Code, as in effect before the enactment of the
National Defense Authorization Act for Fiscal Year 2017;
and
(C) acquisition policies, directives, and
regulations of the Coast Guard to ensure such policies,
directives, and regulations establish a customer-
oriented acquisition system.
(2) Report.--Not later than March 1, 2017, the Commandant
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
containing, at a minimum, the following:
(A) The recommendations developed by the Commandant
under paragraph (1) and other results of the review
conducted under such paragraph.
(B) The actions the Commandant is taking, if any,
within the Commandant's existing authority to implement
such recommendations.
(3) Modification of policies, directives, and regulations.--
Not later than one year after the date of the enactment of this
Act, the Commandant of the Coast Guard shall modify the
acquisition policies, directives, and regulations of the Coast
Guard as necessary to ensure the development and implementation
of a customer-oriented acquisition system, pursuant to the
review under paragraph (1)(C).
(d) Analysis of Using Multiyear Contracting.--
(1) In general.--No later than one year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an analysis of the use of multiyear
contracting, including procurement authority provided under
section 2306b of title 10, United States Code, and authority
similar to that granted to the Navy under section 121(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1648) and section 150 of the Continuing
Appropriations Act, 2011 (Public Law
[[Page 130 STAT. 2336]]
111-242; 124 Stat. 3519), to acquire any combination of at least
five--
(A) Fast Response Cutters, beginning with hull 43;
and
(B) Offshore Patrol Cutters, beginning with hull 5.
(2) Contents.--The analysis under paragraph (1) shall
include the costs and benefits of using multiyear contracting,
the impact of multiyear contracting on delivery timelines, and
whether the acquisitions examined would meet the tests for the
use of multiyear procurement authorities.
SEC. 899A. <<NOTE: 10 USC 2302 note.>> ENHANCED AUTHORITY TO
ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN AFRICA IN SUPPORT OF CERTAIN
ACTIVITIES.
(a) In General.--Except as provided in subsection (c), in the case
of a product or service to be acquired in support of covered activities
in a covered African country for which the Secretary of Defense makes a
determination described in subsection (b), the Secretary may conduct a
procurement in which--
(1) competition is limited to products or services from the
host nation;
(2) a preference is provided for products or services from
the host nation; or
(3) a preference is provided for products or services from a
covered African country, other than the host nation.
(b) Determination.--
(1) In general.--A determination described in this
subsection is a determination by the Secretary of any of the
following:
(A) That the product or service concerned is to be
used only in support of covered activities.
(B) That it is in the national security interests of
the United States to limit competition or provide a
preference as described in subsection (a) because such
limitation or preference is necessary--
(i) to reduce overall United States
transportation costs and risks in shipping
products in support of operations, exercises,
theater security cooperation activities, and other
missions in the African region;
(ii) to reduce delivery times in support of
covered activities; or
(iii) to promote regional security and
stability in Africa.
(C) That the product or service is of equivalent
quality to a product or service that would have
otherwise been acquired without such limitation or
preference.
(2) Requirement for effectiveness of any particular
determination.--A determination under paragraph (1) shall not be
effective for purposes of a limitation or preference under
subsection (a) unless the Secretary also determines that--
(A) the limitation or preference will not adversely
affect--
(i) United States military operations or
stability operations in the African region; or
(ii) the United States industrial base; and
(B) in the case of air transportation, an air
carrier holding a certificate under section 41102 of
title 49, United
[[Page 130 STAT. 2337]]
States Code, is not reasonably available to provide the
air transportation.
(c) Inapplicability of Authority to Procurement of Items on
Abilityone Procurement Catalog.--The authority under subsection (a) may
not be used for the procurement of any good that is contained in the
procurement list described in section 8503(a) of title 41, United States
Code, if such good can be produced and delivered by a qualified non
profit agency for the blind or a nonprofit agency for other severely
disabled in a timely fashion to support mission requirements.
(d) Report on Use of Authority.--Not later than December 31, 2017,
the Secretary shall submit to the congressional defense committees a
report on the use of the authority in subsection (a). The report shall
include, but not be limited to, the following:
(1) The number of determinations made by the Secretary
pursuant to subsection (b).
(2) A list of the countries providing products or services
as a result of determinations made pursuant to subsection (b).
(3) A description of the products and services acquired
using the authority.
(4) The extent to which the use of the authority has met the
one or more of the objectives specified in clause (i), (ii), or
(iii) of subsection (b)(1)(B).
(5) Such recommendations for improvements to the authority
as the Secretary considers appropriate.
(6) Such other matters as the Secretary considers
appropriate.
(e) Definitions.--In this section:
(1) Covered activities.--The term ``covered activities''
means Department of Defense activities in the African region or
a regional neighbor.
(2) Covered african country.--The term ``covered African
country'' means a country in Africa that has signed a long-term
agreement with the United States related to the basing or
operational needs of the United States Armed Forces.
(3) Host nation.--The term ``host nation'' means a nation
that allows the Armed Forces and supplies of the United States
to be located on, to operate in, or to be transported through
its territory.
(4) Product or service of a covered african country.--The
term ``product or service of a covered African country'' means
the following:
(A) A product from a covered African country that is
wholly grown, mined, manufactured, or produced in the
covered African country.
(B) A service from a covered African country that is
performed by a person or entity that--
(i) is properly licensed or registered by
appropriate authorities of the covered African
country; and
(ii) as determined by the Chief of Mission
concerned--
(I) is operating primarily in the
covered African country; or
(II) is making a significant
contribution to the economy of the
covered African country through payment
of taxes or use of products, materials,
[[Page 130 STAT. 2338]]
or labor that are primarily grown,
mined, manufactured, produced, or
sourced from the covered African
country.
(f) Conforming Amendment.--Section 1263 of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3581) is repealed.
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.
[[Page 130 STAT. 2339]]
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF DEFENSE.
(a) Under Secretary of Defense for Research and Engineering.--
(1) <<NOTE: 10 USC 133a note.>> In general.--Effective on
February 1, 2018, chapter 4 of title 10, United States Code, is
amended by striking section 133 and inserting the following new
section:
``Sec. 133a. <<NOTE: 10 USC 133a.>> Under Secretary of Defense
for Research and Engineering
``(a) Under Secretary of Defense.--There is an Under Secretary of
Defense for Research and Engineering, appointed from civilian life by
the President, by and with the advice and consent of the Senate. The
Under Secretary shall be appointed from among persons who have an
extensive technology, science, or engineering background and experience
with managing complex or advanced technological programs. A person may
not be appointed as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular component of an armed
force.
``(b) Duties and Powers.--Subject to the authority, direction, and
control of the Secretary of Defense, the Under Secretary shall perform
such duties and exercise such powers as the Secretary may prescribe,
including--
``(1) serving as the chief technology officer of the
Department of Defense with the mission of advancing technology
and innovation for the armed forces (and the Department);
``(2) establishing policies on, and supervising, all defense
research and engineering, technology development, technology
transition, prototyping, experimentation, and developmental
testing activities and programs, including the allocation of
resources for defense research and engineering, and unifying
defense research and engineering efforts across the Department;
and
``(3) serving as the principal advisor to the Secretary on
all research, engineering, and technology development activities
and programs in the Department.
``(c) Precedence in Department of Defense.--
``(1) Precedence in matters of responsibility.--With regard
to all matters for which the Under Secretary has responsibility
by the direction of the Secretary of Defense or by law, the
Under Secretary takes precedence in the Department of Defense
after the Secretary and the Deputy Secretary of Defense.
``(2) Precedence in other matters.--With regard to all
matters other than the matters for which the Under Secretary has
responsibility by the direction of the Secretary or by law, the
Under Secretary takes precedence in the Department of Defense
after the Secretary, the Deputy Secretary, and the Secretaries
of the military departments.''.
(2) <<NOTE: 10 USC 133a note.>> Service of incumbent usd
for atl in position.--The individual serving as Under Secretary
of Defense for Acquisition, Technology, and Logistics under
section 133 of title 10, United States Code, as of February 1,
2018, may
[[Page 130 STAT. 2340]]
continue to serve as Under Secretary of Defense for Research and
Engineering commencing as of that date, without further
appointment under section 133a of such title, as added by
paragraph (1).
(b) <<NOTE: 10 USC 133b note.>> Under Secretary of Defense for
Acquisition and Sustainment.--Effective on February 1, 2018, chapter 4
of title 10, United States Code, is further amended by inserting after
section 133a, as added by subsection (a), the following new section:
``Sec. 133b. <<NOTE: 10 USC 133b.>> Under Secretary of Defense
for Acquisition and Sustainment
``(a) Under Secretary of Defense.--There is an Under Secretary of
Defense for Acquisition and Sustainment, appointed from civilian life by
the President, by and with the advice and consent of the Senate. The
Under Secretary shall be appointed from among persons who have an
extensive system development, engineering, production, or management
background and experience with managing complex programs. A person may
not be appointed as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular component of an armed
force.
``(b) Duties and Powers.--Subject to the authority, direction, and
control of the Secretary of Defense, the Under Secretary shall perform
such duties and exercise such powers as the Secretary may prescribe,
including--
``(1) serving as the chief acquisition and sustainment
officer of the Department of Defense with the mission of
delivering and sustaining timely, cost-effective capabilities
for the armed forces (and the Department);
``(2) establishing policies on, and supervising, all
elements of the Department relating to acquisition (including
system design, development, and production, and procurement of
goods and services) and sustainment (including logistics,
maintenance, and materiel readiness);
``(3) establishing policies for access to, and maintenance
of, the defense industrial base and materials critical to
national security, and policies on contract administration;
``(4) serving as--
``(A) the principal advisor to the Secretary on
acquisition and sustainment in the Department;
``(B) the senior procurement executive for the
Department for the purposes of section 1702(c) of title
41; and
``(C) the Defense Acquisition Executive for purposes
of regulations and procedures of the Department
providing for a Defense Acquisition Executive;
``(5) overseeing the modernization of nuclear forces and the
development of capabilities to counter weapons of mass
destruction, and serving as the chairman of the Nuclear Weapons
Council and the co-chairman of the Council on Oversight of the
National Leadership Command, Control, and Communications System;
``(6) the authority to direct the Secretaries of the
military departments and the heads of all other elements of the
Department with regard to matters for which the Under Secretary
has responsibility, except that the Under Secretary shall
exercise supervisory authority over service acquisition programs
for which the service acquisition executive is the milestone
decision authority; and
[[Page 130 STAT. 2341]]
``(7) to the extent directed by the Secretary, exercising
overall supervision of all personnel (civilian and military) in
the Office of the Secretary of Defense with regard to matters
for which the Under Secretary has responsibility, unless
otherwise provided by law.
``(c) Precedence in Department of Defense.--
``(1) Precedence in matters of responsibility.--With regard
to all matters for which the Under Secretary has responsibility
by the direction of the Secretary of Defense or by law, the
Under Secretary takes precedence in the Department of Defense
after the Secretary, the Deputy Secretary of Defense, and the
Under Secretary of Defense for Research and Engineering.
``(2) Precedence in other matters.--With regard to all
matters other than the matters for which the Under Secretary has
responsibility by the direction of the Secretary or by law, the
Under Secretary takes precedence in the Department of Defense
after the Secretary, the Deputy Secretary, the Under Secretary
of Defense for Research and Engineering, and the Secretaries of
the military departments.''.
(c) <<NOTE: 10 USC 131 note.>> Chief Management Officer.--
(1) In general.--Effective on February 1, 2018, there is a
Chief Management Officer of the Department of Defense.
(2) Appointment.--The Chief Management Officer shall be
appointed from civilian life by the President, by and with the
advice and consent of the Senate. The Chief Management Officer
shall be appointed from among persons who have an extensive
management or business background and experience with managing
large or complex organizations. A person may not be appointed as
Chief Management Officer within seven years after relief from
active duty as a commissioned officer of a regular component of
an Armed Force.
(3) Duties and powers.--Subject to the authority, direction,
and control of the Secretary of Defense, the Chief Management
Officer shall perform such duties and exercise such powers as
the Secretary may prescribe, including--
(A) serving as the chief management officer of the
Department of Defense with the mission of managing the
business operations of the Department;
(B) establishing policies on, and supervising, all
business operations of the Department, including
business transformation, business planning and
processes, performance management, and business
information technology management and improvement
activities and programs, including the allocation of
resources for business operations, and unifying business
management efforts across the Department;
(C) serving as the principal advisor to the
Secretary on all business operations activities and
programs in the Department; and
(D) the authority to direct the Secretaries of the
military departments and the heads of all other elements
of the Department with regard to matters for which the
Chief Management Officer has responsibility.
(4) Conforming amendments.--Effective on February 1, 2018,
section 132 of title 10, United States Code, is amended--
(A) by striking subsection (c); and
[[Page 130 STAT. 2342]]
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(d) Repeal of Pending Authority To Establish Under Secretary of
Defense for Business Management and Information.--Subsection (a) of
section 901 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3462) is repealed.
(e) Repeal of Certain ASD and Director Positions.--Chapter 4 of
title 10, United States Code, is further amended--
(1) in section 138(b)--
(A) by striking paragraphs (6), (7), (8), and (9);
and
(B) by redesignating paragraph (10) as paragraph
(6); and
(2) by striking sections 139b and 139c.
(f) <<NOTE: 10 USC 131 note.>> Office of the Secretary of
Defense.--Effective on February 1, 2018, section 131(b)(2) of title 10,
United States Code, is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by striking subparagraph (A) and inserting the following
new subparagraphs:
``(A) The Under Secretary of Defense for Research
and Engineering.
``(B) The Under Secretary of Defense for Acquisition
and Sustainment.''.
(g) Table of Section Amendments.--
(1) Table of sections effective on enactment.--The table of
sections at the beginning of chapter 4 of title 10, United
States Code, is <<NOTE: 10 USC 131 prec.>> amended by striking
the items relating to sections 139b and 139c.
(2) Table of sections effective on delayed effective date.--
Effective on February 1, 2018, the table of sections at the
beginning of chapter 4 of such title <<NOTE: 10 USC 131
prec.>> is further amended by striking the item relating to
section 133 and inserting the following new items:
``133a. Under Secretary of Defense for Research and Engineering.
``133b. Under Secretary of Defense for Acquisition and Sustainment.''.
(h) <<NOTE: 5 USC 5313 note.>> Executive Schedule Level II.--
Effective on February 1, 2018, section 5313 of title 5, United States
Code, is amended by striking the item relating to the Under Secretary of
Defense for Acquisition, Technology, and Logistics and inserting the
following new items:
``Under Secretary of Defense for Research and Engineering.
``Under Secretary of Defense for Acquisition and
Sustainment.''.
(i) Review Required.--
(1) In general.--The Secretary of Defense shall conduct a
review and identify a recommended organizational and management
structure for the Department of Defense that implements the
organizational policy guidance expressed in this section and the
amendments made by this section.
(2) Elements.--The review and recommendations shall address,
but not be limited to, the following:
[[Page 130 STAT. 2343]]
(A) The organizational and management structure of
the Department including the disposition of leadership
positions, subordinate organizations, and defined
relationships across such leadership positions and
organizations.
(B) The recommended disposition within the Office of
the Secretary of Defense of the various Assistant
Secretaries of Defense, Deputy Assistant Secretaries of
Defense, and Directors affected by the organizational
policy guidance.
(C) The specific delineation of roles,
responsibilities, and authorities, as directed by the
Secretary, for the organizational and management
structure covered by subparagraph (A).
(j) Reports.--
(1) Interim report.--Not later than March 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees an interim report on the review and recommended
organizational and management structure for the Department of
Defense as required by subsection (i).
(2) Final report.--Not later than August 1, 2017, the
Secretary shall submit to the congressional defense committees a
final report on the review and recommended organizational and
management structure, including--
(A) a proposed implementation plan for how the
Department would implement its recommendations;
(B) recommendations for revisions to appointments
and qualifications, duties and powers, and precedent in
the Department;
(C) recommendations for such legislative and
administrative action, including conforming and other
amendments to law, as the Secretary considers
appropriate to implement the plan; and
(D) any other matters that the Secretary considers
appropriate.
SEC. 902. RESPONSIBILITIES AND REPORTING OF THE CHIEF INFORMATION
OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 142(b)(1) of title 10, United States Code,
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(E) exercises authority, direction, and control over the
Defense Information Systems Agency, or any successor
organization;
``(F) has the responsibilities for policy, oversight,
guidance, and coordination for all Department of Defense matters
related to electromagnetic spectrum, including coordination with
other Federal and industry agencies, coordination for classified
programs, and in coordination with the Under Secretary for
Personnel and Readiness, policies related to spectrum management
workforce;
``(G) has the responsibilities for policy, oversight,
guidance, and coordination for nuclear command and control
systems;
[[Page 130 STAT. 2344]]
``(H) has the responsibilities for policy, oversight, and
guidance for matters related to precision navigation and timing;
and
``(I) has the responsibilities for policy, oversight, and
guidance for the architecture and programs related to the
networking and cyber defense architecture of the Department.''.
(b) Direct Reporting.--Section 151(b)(5) of such title is amended by
inserting before the period at the end the following: ``, who reports
directly to the Secretary and Deputy Secretary without intervening
authority''.
SEC. 903. MAXIMUM NUMBER OF PERSONNEL IN THE OFFICE OF THE
SECRETARY OF DEFENSE AND OTHER DEPARTMENT
OF DEFENSE HEADQUARTERS OFFICES.
(a) Office of the Secretary of Defense.--Section 143(b) of title 10,
United States Code, is amended by striking ``and civilian personnel''
and inserting ``, civilian, and detailed personnel''.
(b) Joint Staff.--
(1) In general.--Section 155 of such title is amended by
adding at the end the following new subsection:
``(h) Personnel Limitations.--(1) The total number of members of the
armed forces and civilian employees assigned or detailed to permanent
duty for the Joint Staff may not exceed 2,069.
``(2) Not more than 1,500 members of the armed forces on the active-
duty list may be assigned or detailed to permanent duty for the Joint
Staff.
``(3) The limitations in paragraphs (1) and (2) do not apply in time
of war.
``(4) Each limitation in paragraphs (1) and (2) may be exceeded by a
number equal to 15 percent of such limitation in time of national
emergency.''.
(2) <<NOTE: 10 USC 155 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on December
31, 2019.
(c) Office of the Secretary of the Army.--Section 3014(f) of such
title is amended--
(1) in paragraph (4), by striking ``time of war'' and all
that follows and inserting ``time of war.''; and
(2) by adding at the end the following new paragraph:
``(5) Each limitation in paragraphs (1) and (2) may be exceeded by a
number equal to 15 percent of such limitation in time of national
emergency.''.
(d) Office of the Secretary of the Navy.--Section 5014(f) of such
title is amended--
(1) in paragraph (4), by striking ``time of war'' and all
that follows and inserting ``time of war.''; and
(2) by adding at the end the following new paragraph:
``(5) Each limitation in paragraphs (1) and (2) may be exceeded by a
number equal to 15 percent of such limitation in time of national
emergency.''.
(e) Office of the Secretary of the Air Force.--Section 8014(f) of
such title is amended--
(1) in paragraph (4), by striking ``time of war'' and all
that follows and inserting ``time of war.''; and
(2) by adding at the end the following new paragraph:
``(5) Each limitation in paragraphs (1) and (2) may be exceeded by a
number equal to 15 percent of such limitation in time of national
emergency.''.
[[Page 130 STAT. 2345]]
SEC. 904. REPEAL OF FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE
COMMITTEE.
(a) Repeal.--Section 185 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title <<NOTE: 10 USC 171 prec.>> is amended by
striking the item relating to section 185.
Subtitle B--Organization and Management of the Department of Defense
Generally
SEC. 911. <<NOTE: 10 USC 111 note.>> ORGANIZATIONAL STRATEGY FOR
THE DEPARTMENT OF DEFENSE.
(a) Organizational Strategy Required.--
(1) In general.--Not later than September 1, 2017, the
Secretary of Defense shall formulate and issue to the Department
of Defense an organizational strategy for the Department that--
(A) identifies the critical objectives and other
organizational outputs for the Department that span
multiple functional boundaries and would benefit from
the use of cross-functional teams under this section to
ensure collaboration and integration across
organizations within the Department;
(B) improves the manner in which the Department
integrates the expertise and capacities of the
functional components of the Department for effective
and efficient achievement of such objectives and
outputs;
(C) improves the management of relationships and
processes involving the Office of the Secretary of
Defense, the Joint Staff, the combatant commands, the
military departments, and the Defense Agencies with
regard to such objectives and outputs;
(D) improves the ability of the Department to work
effectively in interagency processes with regard to such
objectives and outputs in order to better serve the
President; and
(E) achieves an organizational structure that
enhances performance with regard to such objectives and
outputs.
(2) Elements.--The strategy shall provide for the following:
(A) The appropriate use of cross-functional teams to
manage critical objectives and outputs of the Department
described in paragraph (1)(A).
(B) The furtherance and advancement of a
collaborative, team-oriented, results-driven, and
innovative culture within the Department that fosters an
open debate of ideas and alternative courses of action,
and supports cross-functional teaming and integration.
(b) Actions in Support of Strategy.--
(1) Study.--The Department of Defense shall conduct a study
of the following in order to determine how best to implement
effective cross-functional teams in the Department to achieve
the strategic objectives of the Secretary of Defense:
[[Page 130 STAT. 2346]]
(A) Lessons learned, as reflected in academic
literature, business and management school case studies,
and the work of leading management consultant firms, on
the successful and failed application of cross-
functional teams in the private sector and government,
and on the cultural factors necessary to support
effective cross-functional teams.
(B) The historical and current use by the Department
of cross-functional working groups, integrated process
teams, councils, and committees, and the reasons why
such entities have or have not achieved high levels of
teamwork or effectiveness.
(2) Conduct of study.--The study required by paragraph (1)
shall be conducted by an independent organization with widely
acknowledged expertise in modern organizational management and
teaming selected by the Secretary for purposes of the study.
(3) Schedule.--The Secretary shall award any necessary
contract for the study required by paragraph (1) pursuant to
paragraph (2) by not later than March 15, 2017, and shall
provide the results of the study to the congressional defense
committees by not later than July 15, 2017.
(c) Cross-functional Teams.--In support of the strategy required by
subsection (a):
(1) In general.--The Secretary of Defense shall establish
cross-functional teams to address critical objectives and
outputs for such teams as are determined to be appropriate in
accordance with the organizational strategy issued under
subsection (a), with initial teams established by not later than
September 30, 2017.
(2) Purposes.--The purposes of cross-functional teams
established pursuant to this subsection shall be, as determined
appropriate by the Secretary--
(A) to provide for effective collaboration and
integration across organizational and functional
boundaries in the Department of Defense;
(B) to develop, at the direction of the Secretary,
recommendations for comprehensive and fully integrated
policies, strategies, plans, and resourcing decisions;
(C) to make decisions on cross-functional issues, to
the extent authorized by the Secretary and within
parameters established by the Secretary; and
(D) to provide oversight for and, as directed by the
Secretary, supervise the implementation of approved
policies, strategies, plans, and resourcing decisions
approved by the Secretary.
(3) Guidance on teams.--Not later than September 30, 2017,
the Secretary shall issue guidance--
(A) addressing the role, authorities, reporting
relationships, resourcing, manning, training, and
operations of cross-functional teams established
pursuant to this subsection;
(B) delineating decision-making authority of such
teams;
(C) providing that the leaders of functional
components of the Department that provide personnel to
such teams respect and respond to team needs and
activities; and
[[Page 130 STAT. 2347]]
(D) emphasizing that personnel selected for
assignment to such teams shall faithfully represent the
views and expertise of their functional components while
contributing to the best of their ability to the success
of the team concerned.
(4) Participants.--In establishing a cross-functional team
pursuant to this subsection, the Secretary shall consider
personnel from the Office of the Secretary of Defense, the Joint
Staff, the military departments, and the Defense Agencies in all
functional areas that the Secretary considers appropriate.
(5) Team personnel.--For each cross-functional team
established by the Secretary pursuant to this subsection, the
Secretary shall--
(A) assign as leader of such team a senior qualified
and experienced individual, who shall report directly to
the Secretary regarding the activities of such team;
(B) delegate to the team leader designated pursuant
to subparagraph (A) authority to select members of such
team from among civilian employees of the Department and
members of the Armed Forces in any grade who are
recommended for membership on such team by the head of a
functional component of the Department within the Office
of the Secretary of Defense, the Joint Staff, and the
military departments, by the commander of a combatant
command, or by the director of a Defense Agency;
(C) provide the team leader with necessary full time
support from team members, and the means to co-locate
team members;
(D) ensure that team members and all leaders in
functional organizations that are in the supervisory
chain for personnel serving on such team receive
training in elements of successful cross-functional
teams, including teamwork, collaboration, conflict
resolution, and appropriately representing the views and
expertise of their functional components; and
(E) ensure that the congressional defense committees
are provided information on the progress and results of
such team upon request.
(6) Team strategies and decision-making authority.--
(A) In general.--The Secretary shall ensure that the
objectives of each cross-functional team established
pursuant to this subsection are clearly established in
writing, through a memorandum, statement, charter, or
similar document.
(B) Metrics.--To improve team performance and
accountability, the Secretary shall task each team, as
appropriate, to establish a strategy to achieve the
objectives specified by the Secretary, metrics for
evaluation of the achievement of such objectives by such
team, and the alignment of individual and team goals for
the achievement of such objectives by such team.
(C) Delegation of authority.--The Secretary may
delegate to a team any decision-making authority that,
and shall delegate such authority as, the Secretary
considers appropriate to permit such team to achieve the
objectives established by the Secretary.
[[Page 130 STAT. 2348]]
(7) Review of teams.--Not later than 18 months after the
date on which the first cross-functional team is established
pursuant to this subsection, the Secretary shall complete an
analysis, with support from external experts in organizational
and management sciences, of the successes and failures of teams
established pursuant to this subsection, and determine how to
apply the lessons learned from that analysis.
(8) Report on establishment.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the establishment of cross-
functional teams under this subsection, including descriptions
from the leaders of teams established prior to the date on which
this report is submitted of the manner in which the teams were
designed and how they functioned.
(d) Directive on Collaborative Culture and Behavior.--The guidance
issued by the Secretary of Defense pursuant to subsection (c)(3) shall
also--
(1) articulate the shared purposes, values, and principles
for the operation of the Office of the Secretary of Defense that
are required to promote a team-oriented, collaborative, results-
driven culture within the Office to support the primary
objectives of the Department of Defense;
(2) ensure that collaboration across functional and
organizational boundaries is an important factor in the
performance review of leaders of cross-functional teams
established pursuant to subsection (c), members of teams, and
other appropriate leaders of the Department; and
(3) identify key practices that senior leaders of the
Department should follow with regard to leadership,
organizational practice, collaboration, and the functioning of
cross-functional teams, and the types of personnel behavior that
senior leaders should encourage and discourage.
(e) Streamlining of Organizational Structure and Processes of OSD.--
Not later than 18 months after the date of the enactment of this Act,
the Secretary of Defense shall take such actions as the Secretary
considers appropriate to streamline the organizational structure and
processes of the Office of the Secretary of Defense in order to increase
spans of control, achieve a reduction in layers of management, eliminate
unnecessary duplication between the Office and the Joint Staff, and
reduce the time required to complete standard processes and activities.
(f) Training for Individuals Nominated for Appointment for OSD
Positions Confirmed by the Senate.--
(1) In general.--Within three months of the appointment of
an individual to a position in the Office of the Secretary of
Defense appointable by and with the advice and consent of the
Senate, the individual shall complete a course of instruction in
leadership, modern organizational practice, collaboration, and
the operation of teams described in subsection (c).
(2) Waiver.--The President may waive the requirement in
paragraph (1) with respect to an individual if the Secretary
determines in writing that the individual possesses, through
training and experience, the skill and knowledge otherwise to be
provided through a course of instruction as described in that
paragraph.
(g) Comptroller General of the United States Assessments.--
[[Page 130 STAT. 2349]]
(1) Biannual report on assessments.--Not later than six
months after the date of the enactment of this Act, and every
six months thereafter through December 31, 2019, 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 comprehensive assessment of the actions
taken under this section during the six-month period ending on
the date of such report and cumulatively since the date of the
enactment of this Act.
(2) Assessment team.--The Comptroller General may establish
within the Government Accountability Office a team of analysts
to assist the Comptroller General in the performance assessments
required by this subsection.
SEC. 912. POLICY, ORGANIZATION, AND MANAGEMENT GOALS AND
PRIORITIES OF THE SECRETARY OF DEFENSE FOR
THE DEPARTMENT OF DEFENSE.
(a) In General.--A Secretary of Defense serving in that position
pursuant to an appointment to that position after January 20, 2017,
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives, not later than each of the deadlines specified
in subsection (b), a report on the policy, organization, and management
goals and priorities of the Secretary for the Department of Defense.
Each report shall include, current as of the date of such report, an
identification of the following:
(1) Policy goals and priorities, including specific and
measurable performance and implementation targets.
(2) Organization and management goals and priorities,
including specific and measurable performance and implementation
targets that address, but are not limited to, the following:
(A) The elimination or consolidation of any
unnecessary or redundant functions within the
Department.
(B) Force management and shaping, including
recommendations for such legislative action as is
required to meet force management and shaping goals and
priorities.
(C) The delayering or reorganization of headquarters
organizations across the Department.
(3) Any other goals or priorities for the Department the
Secretary considers appropriate.
(b) Deadlines.--The deadlines for the submittal of reports under
subsection (a) are April 1, 2017, and February 1 of each year thereafter
though 2022.
(c) Briefings Satisfy Later Reporting Requirements.--Any report
required under subsection (a) after the initial report may be provided
in the form of a briefing.
SEC. 913. <<NOTE: 10 USC 131 note.>> SECRETARY OF DEFENSE
DELIVERY UNIT.
(a) In General.--The Secretary of Defense serving in that position
as of March 1, 2017, may establish within the Office of the Secretary of
Defense a unit of personnel that shall be responsible for providing
expertise and support throughout the Department of Defense in an effort
to improve the implementation of policies and priorities across the
Department. The unit may be known as the ``delivery unit''.
(b) Composition.--The unit established pursuant to subsection (a)
shall consist of not more than 30 individuals selected by the
[[Page 130 STAT. 2350]]
Secretary primarily from among individuals outside the Government who
have significant experience and expertise in management consulting,
organizational architecture, relationship management, or data analytics.
(c) Duties.--The unit established pursuant to subsection (a) shall
have the duties as follows:
(1) To advise the Secretary on improving the implementation
and delivery of policies and priorities of the Department,
including making recommendations on establishing performance or
implementation targets, assisting in the development of delivery
plans to achieve targets, and monitoring and measuring progress.
(2) To work across organizations, missions, and functions of
the Department in order to identify obstacles to improving the
implementation of policies and priorities of the Department,
including organization, culture, and incentives, and to
recommend options to the Secretary for addressing such
obstacles.
(d) Sunset.--The unit established pursuant to subsection (a) shall
sunset on January 31, 2021.
SEC. 914. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL.
Section 129a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Performance of Civilian Functions by Military Personnel.--(1)
Functions performed by civilian personnel should not be performed by
military personnel except--
``(A) if the Secretary of the military department concerned
determines in writing based on mission requirements that the
performance of such functions by military personnel, including a
permanent conversion of such functions to performance by
military personnel, is cost-effective or required by a mission;
or
``(B) if the performance of such functions by military
personnel is required to address critical staffing needs
resulting from a reduction in personnel or budgetary resources
by reason of an Act of Congress, in which case such functions
may not be performed by military personnel for a period in
excess of one year.
``(2) In determining the workforce mix between civilian and military
personnel, the Secretary of a military department shall reserve military
personnel for the performance of the functions that, in the estimation
of the Secretary, are required to be performed by military personnel in
order to achieve national defense goals or in order to enable the proper
functioning of the military department. In making workforce decisions,
the Secretary shall account for the relative budgetary impact of
military versus civilian personnel in determining the functions required
to be performed 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.
Section 955 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1896; 10 U.S.C. 129a note) is
repealed.
[[Page 130 STAT. 2351]]
Subtitle C--Joint Chiefs of Staff and Combatant Command Matters
SEC. 921. JOINT CHIEFS OF STAFF AND RELATED COMBATANT COMMAND
MATTERS.
(a) Functions of Joint Chiefs of Staff.--
(1) Consultation by chairman.--Subsection (c)(1) of section
151 of title 10, United States Code, is amended by striking ``as
he considers appropriate'' and inserting ``as necessary''.
(2) Modification of advice and opinions of members other
than chairman.--Such section is further amended--
(A) in subsection (b)(2), by striking ``subsections
(d) and (e)'' and inserting ``subsection (d)'';
(B) in subsection (d)--
(i) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(ii) by inserting before paragraph (1), as
redesignated by clause (i), the following new
paragraph (1):
``(1) After first informing the Secretary of Defense and the
Chairman, the members of the Joint Chiefs of Staff, individually or
collectively, in their capacity as military advisors, may provide advice
to the President, the National Security Council, the Homeland Security
Council, or the Secretary of Defense on a particular matter on the
judgment of the military member.''; and
(C) by striking subsection (e).
(b) Term and Reappointment of Chairman of the Joint Chiefs of
Staff.--
(1) In general.--Section 152(a) of title 10, United States
Code, is amended--
(A) in paragraph (1), by striking ``two years,
beginning on October 1 of odd-numbered years'' and all
that follows and inserting ``four years, beginning on
October 1 of an odd-numbered year. The limitation does
not apply in time of war.''; and
(B) by striking paragraph (3) and inserting the
following new paragraph (3):
``(3) The President may extend to eight years the combined period of
service of an officer as Chairman and Vice Chairman if the President
determines that such action is in the national interest. The limitation
in this paragraph does not apply in time of war.''.
(2) <<NOTE: 10 USC 152 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect on January 1,
2019, and shall apply to individuals appointed as Chairman of
the Joint Chiefs of Staff on or after that date.
(c) Functions of Chairman of Joint Chiefs of Staff.--The text of
section 153 of title 10, United States Code, is amended to read as
follows:
``Subject to the authority, direction, and control of the President
and the Secretary of Defense, the Chairman of the Joint Chiefs of Staff
shall be responsible for the following
``(1) Strategic direction.--Assisting the President and the
Secretary in providing for the strategic direction of the armed
forces.
``(2) Strategic and contingency planning.--In matters
relating to strategic and contingency planning--
[[Page 130 STAT. 2352]]
``(A) developing strategic frameworks and preparing
strategic plans, as required, to guide the use and
employment of military force and related activities
across all geographic regions and military functions and
domains, and to sustain military efforts over different
durations of time, as necessary;
``(B) advising the Secretary on the production of
the national defense strategy required by section 113(g)
of this title and the national security strategy
required by section 108 of the National Security Act of
1947 (50 U.S.C. 3043);
``(C) preparing military analysis, options, and
plans, as the Chairman considers appropriate, to
recommend to the President and the Secretary;
``(D) providing for the preparation and review of
contingency plans which conform to policy guidance from
the President and the Secretary; and
``(E) preparing joint logistic and mobility plans to
support national defense strategies and recommending the
assignment of responsibilities to the armed forces in
accordance with such plans.
``(3) Global military integration.--In matters relating to
global military strategic and operational integration--
``(A) providing advice to the President and the
Secretary on ongoing military operations; and
``(B) advising the Secretary on the allocation and
transfer of forces among geographic and functional
combatant commands, as necessary, to address
transregional, multi-domain, and multifunctional
threats.
``(4) Comprehensive joint readiness.--In matters relating to
comprehensive joint readiness--
``(A) evaluating the overall preparedness of the
joint force to perform the responsibilities of that
force under national defense strategies and to respond
to significant contingencies worldwide;
``(B) assessing the risks to United States missions,
strategies, and military personnel that stem from
shortfalls in military readiness across the armed
forces, and developing risk mitigation options;
``(C) advising the Secretary on critical
deficiencies and strengths in joint force capabilities
(including manpower, logistics, and mobility support)
identified during the preparation and review of national
defense strategies and contingency plans and assessing
the effect of such deficiencies and strengths on meeting
national security objectives and policy and on strategic
plans;
``(D) advising the Secretary on the missions and
functions that are likely to require contractor or other
external support to meet national security objectives
and policy and strategy, and the risks associated with
such support; and
``(E) establishing and maintaining, after
consultation with the commanders of the unified and
specified combatant commands, a uniform system of
evaluating the preparedness of each such command, and
groups of commands collectively, to carry out missions
assigned to the command or commands.
[[Page 130 STAT. 2353]]
``(5) Joint capability development.--In matters relating to
joint capability development--
``(A) identifying new joint military capabilities
based on advances in technology and concepts of
operation needed to maintain the technological and
operational superiority of the armed forces, and
recommending investments and experiments in such
capabilities to the Secretary;
``(B) performing military net assessments of the
joint capabilities of the armed forces of the United
States and its allies in comparison with the
capabilities of potential adversaries;
``(C) advising the Secretary under section 163(b)(2)
of this title on the priorities of the requirements
identified by the commanders of the unified and
specified combatant commands;
``(D) advising the Secretary on the extent to which
the program recommendations and budget proposals of the
military departments and other components of the
Department of Defense for a fiscal year conform with the
priorities established in national defense strategies
and with the priorities established for the requirements
of the unified and specified combatant commands;
``(E) advising the Secretary on new and alternative
joint military capabilities, and alternative program
recommendations and budget proposals, within projected
resource levels and guidance provided by the Secretary,
in order to achieve greater conformance with the
priorities referred to in subparagraph (D);
``(F) assessing joint military capabilities and
identifying, approving, and prioritizing gaps in such
capabilities to meet national defense strategies,
pursuant to section 181 of this title; and
``(G) recommending to the Secretary appropriate
trade-offs among life-cycle cost, schedule, performance,
and procurement quantity objectives in the acquisition
of materiel and equipment to support the strategic and
contingency plans required by this paragraph in the most
effective and efficient manner.
``(6) Joint force development activities.--In matters
relating to joint force development activities--
``(A) developing doctrine for the joint employment
of the armed forces;
``(B) formulating policies and technical standards,
and executing actions, for the joint training of the
armed forces;
``(C) formulating policies for coordinating the
military education of members of the armed forces;
``(D) formulating policies for concept development
and experimentation for the joint employment of the
armed forces;
``(E) formulating policies for gathering,
developing, and disseminating joint lessons learned for
the armed forces; and
``(F) advising the Secretary on development of joint
command, control, communications, and cybercapability,
including integration and interoperability of such
capability, through requirements, integrated
architectures, data standards, and assessments.
[[Page 130 STAT. 2354]]
``(7) Other matters.--In other matters--
``(A) recommending to the Secretary, in accordance
with section 166 of this title, a budget proposal for
activities of each unified and specified combatant
command;
``(B) providing for representation of the United
States on the Military Staff Committee of the United
Nations in accordance with the Charter of the United
Nations; and
``(C) performing such other duties as may be
prescribed by law or by the President or the
Secretary.''.
(d) Vice Chairman of the Joint Chiefs of Staff Matters.--
(1) Term of service.--Paragraph (3) of section 154(a) of
title 10, United States Code, is amended by striking ``for a
term of two years'' and all that follows and inserting ``for a
single term of four years, beginning on October 1 of an odd-
numbered year, except that the term may not begin in the same
year as the term of a Chairman. In time of war, there is no
limit on the number of reappointments.''.
(2) Ineligibility for service as chairman or any other
position in the armed forces.--Such section is further amended
by adding at the end the following new paragraph:
``(4)(A) The Vice Chairman shall not be eligible for promotion to
the position of Chairman or any other position in the armed forces.
``(B) The President may waive subparagraph (A) if the President
determines such action is necessary in the national interest.''.
(3) <<NOTE: 10 USC 154 note.>> Effective date.--The
amendments made by this subsection shall take effect on January
1, 2021, and shall apply to individuals appointed as Vice
Chairman of the Joint Chiefs of Staff on or after that date.
(e) Commanders of the Combatant Commands.--Section 164 of title 10,
United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(3) Among the full range of command responsibilities specified in
subsection (c) and as provided for in section 161 of this title, the
primary duties of the commander of a combatant command shall be as
follows:
``(A) To produce plans for the employment of the armed
forces to execute national defense strategies and respond to
significant military contingencies.
``(B) To take actions, as necessary, to deter conflict.
``(C) To command United States armed forces as directed by
the Secretary and approved by the President.''; and
(2) by adding at the end the following new subsection:
``(h) Support to Chairman of the Joint Chiefs of Staff.--The
commander of a combatant command shall provide such information to the
Chairman of the Joint Chiefs of Staff as may be necessary for the
Chairman to perform the duties of the Chairman under section 153 of this
title.''.
SEC. 922. ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT
OF SPECIAL OPERATIONS FORCES AND SPECIAL
OPERATIONS.
(a) Responsibility of Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.--Section 138(b)(4) of title 10,
United States Code, is amended by adding
[[Page 130 STAT. 2355]]
at the end the following new sentence: ``Subject to the authority,
direction, and control of the Secretary of Defense, the Assistant
Secretary shall do the following:
``(A) Exercise authority, direction, and control of all
special-operations peculiar administrative matters relating to
the organization, training, and equipping of special operations
forces.
``(B) Assist the Secretary and the Under Secretary of
Defense for Policy in the development and supervision of policy,
program planning and execution, and allocation and use of
resources for the activities of the Department of Defense for
the following:
``(i) Irregular warfare, combating terrorism, and
the special operations activities specified by section
167(k) of this title.
``(ii) Integrating the functional activities of the
headquarters of the Department to most efficiently and
effectively provide for required special operations
forces and capabilities.
``(iii) Such other matters as may be specified by
the Secretary and the Under Secretary.''.
(b) Special Operations Policy and Oversight Council.--
(1) In general.--Chapter 4 of title 10, United States Code,
as amended by section 901(e)(2) of this Act, is further amended
by inserting after section 139a the following new section:
``Sec. 139b. <<NOTE: 10 USC 139b.>> Special Operations Policy and
Oversight Council
``(a) In General.--In order to fulfill the responsibilities
specified in section 138(b)(4) of this title, the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict, or the
designee of the Assistant Secretary, shall establish and lead a team to
be known as the `Special Operations Policy and Oversight Council' (in
this section referred to as the `Council').
``(b) Purpose.--The purpose of the Council is to integrate the
functional activities of the headquarters of the Department of Defense
in order to most efficiently and effectively provide for special
operations forces and capabilities. In fulfilling this purpose, the
Council shall develop and continuously improve policy, joint processes,
and procedures that facilitate the development, acquisition,
integration, employment, and sustainment of special operations forces
and capabilities.
``(c) Membership.--The Council shall include the following:
``(1) The Assistant Secretary, who shall act as leader of
the Council.
``(2) Appropriate senior representatives of each of the
following:
``(A) The Under Secretary of Defense for Research
and Engineering.
``(B) The Under Secretary of Defense for Management
and Support.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel
and Readiness.
``(E) The Under Secretary of Defense for
Intelligence.
``(F) The General Counsel of the Department of
Defense.
[[Page 130 STAT. 2356]]
``(G) The other Assistant Secretaries of Defense
under the Under Secretary of Defense for Policy.
``(H) The military departments.
``(I) The Joint Staff.
``(J) The United States Special Operations Command.
``(K) Such other officials or Agencies, elements, or
components of the Department of Defense as the Secretary
of Defense considers appropriate
``(d) Operation.--The Council shall operate continuously.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title, as amended by section
901(g)(1) of this Act, <<NOTE: 10 USC 131 prec.>> is further
amended by inserting after the item relating to section 139a the
following new item:
``139b. Special Operations Policy and Oversight Council.''.
(c) US Special Operations Command Matters.--
(1) Authority of commander.--Subsection (e)(2) of section
167 of title 10, United States Code, is amended--
(A) in the matter preceding subparagraph (A), by
striking ``The commander'' and inserting ``Subject to
the authority, direction, and control of the Assistant
Secretary of Defense for Special Operations and Low
Intensity Conflict, the commander''; and
(B) by striking subparagraph (J) and inserting the
following new subparagraph (J):
``(J) Monitoring the promotions of special operations forces
and coordinating with the military departments regarding the
assignment, retention, training, professional military
education, and special and incentive pays of special operations
forces.''.
(2) Administrative chain of command.--Such section is
further amended--
(A) by redesignating subsections (f) through (k) as
subsections (g), through (l), respectively; and
(B) by inserting after subsection (e) the following
new subsection (f):
``(f) Administrative Chain of Command.--(1) Unless otherwise
directed by the President, the administrative chain of command to the
special operations command runs--
``(A) from the President to the Secretary of Defense;
``(B) from the Secretary of Defense to the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict; and
``(C) from the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict to the commander of the
special operations command.
``(2) For purposes of this subsection, administrative chain of
command refers to the exercise of authority, direction and control with
respect to the special operations-peculiar administration and support of
the special operations command, including the readiness and organization
of special operations forces, resources and equipment, and civilian
personnel. It does not refer to the exercise of authority, direction,
and control of operational matters that are subject to the operational
chain of command of the commanders of combatant commands or the exercise
of authority, direction, and control of personnel, resources, equipment,
and other matters that are not special operations-peculiar that are the
purview of the armed forces.''.
[[Page 130 STAT. 2357]]
SEC. 923. ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR CYBER
OPERATIONS.
(a) Establishment of Cyber Command.--Chapter 6 of title 10, United
States Code, is amended by inserting after section 167a the following
new section:
``Sec. 167b. <<NOTE: 10 USC 167b.>> Unified combatant command for
cyber operations
``(a) Establishment.--With the advice and assistance of the Chairman
of the Joint Chiefs of Staff, the President, through the Secretary of
Defense, shall establish under section 161 of this title a unified
combatant command for cyber operations forces (hereinafter in this
section referred to as the `cyber command'). The principal function of
the command is to prepare cyber operations forces to carry out assigned
missions.
``(b) Assignment of Forces.--Unless otherwise directed by the
Secretary of Defense, all active and reserve cyber operations forces of
the armed forces stationed in the United States shall be assigned to the
cyber command.
``(c) Grade of Commander.--The commander of the cyber command shall
hold the grade of general or, in the case of an officer of the Navy,
admiral while serving in that position, without vacating that officer's
permanent grade. The commander of such command shall be appointed to
that grade by the President, by and with the advice and consent of the
Senate, for service in that position.
``(d) Command of Activity or Mission.--(1) Unless otherwise directed
by the President or the Secretary of Defense, a cyber operations
activity or mission shall be conducted under the command of the
commander of the unified combatant command in whose geographic area the
activity or mission is to be conducted.
``(2) The commander of the cyber command shall exercise command of a
selected cyber operations mission if directed to do so by the President
or the Secretary of Defense.
``(e) Authority of Combatant Commander.--(1) In addition to the
authority prescribed in section 164(c) of this title, the commander of
the cyber command shall be responsible for, and shall have the authority
to conduct, all affairs of such command relating to cyber operations
activities.
``(2)(A) Subject to the authority, direction, and control of the
Principal Cyber Advisor, the commander of such command shall be
responsible for, and shall have the authority to conduct, the following
functions relating to cyber operations activities (whether or not
relating to the cyber command):
``(i) Developing strategy, doctrine, and tactics.
``(ii) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for cyber
operations forces and for other forces assigned to the cyber
command.
``(iii) Exercising authority, direction, and control over
the expenditure of funds--
``(I) for forces assigned directly to the cyber
command; and
``(II) for cyber operations forces assigned to
unified combatant commands other than the cyber command,
with respect to all matters covered by section 807 of
the National Defense Authorization Act for Fiscal Year
2014 (Public Law 114-92; 129 Stat. 886; 10 U.S.C. 2224
note) and,
[[Page 130 STAT. 2358]]
with respect to a matter not covered by such section, to
the extent directed by the Secretary of Defense.
``(iv) Training and certification of assigned joint forces.
``(v) Conducting specialized courses of instruction for
commissioned and noncommissioned officers.
``(vi) Validating requirements.
``(vii) Establishing priorities for requirements.
``(viii) Ensuring the interoperability of equipment and
forces.
``(ix) Formulating and submitting requirements for
intelligence support.
``(x) Monitoring the promotion of cyber operation forces and
coordinating with the military departments regarding the
assignment, retention, training, professional military
education, and special and incentive pays of cyber operation
forces.
``(B) The authority, direction, and control exercised by the
Principal Cyber Advisor for purposes of this section is authority,
direction, and control with respect to the administration and support of
the cyber command, including readiness and organization of cyber
operations forces, cyber operations-peculiar equipment and resources,
and civilian personnel.
``(C) Nothing in this section shall be construed as providing the
Principal Cyber Advisor authority, direction, and control of operational
matters that are subject to the operational chain of command of the
combatant commands or the exercise of authority, direction, and control
of personnel, resources, equipment, and other matters that are not
cyber-operations peculiar and that are in the purview of the armed
forces.
``(3) The commander of the cyber command shall be responsible for--
``(A) ensuring the combat readiness of forces assigned to
the cyber command; and
``(B) monitoring the preparedness to carry out assigned
missions of cyber forces assigned to unified combatant commands
other than the cyber command.
``(C) The staff of the commander shall include an inspector
general who shall conduct internal audits and inspections of
purchasing and contracting actions through the cyber operations
command and such other inspector general functions as may be
assigned.
``(f) Intelligence and Special Activities.--This section does not
constitute authority to conduct any activity which, if carried out as an
intelligence activity by the Department of Defense, would require a
notice to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 6 of such title <<NOTE: 10 USC 161 prec.>> is amended by
inserting after the item relating to section 167a the following new
item:
``167b. Unified combatant command for cyber operations.''.
SEC. 924. ASSIGNED FORCES OF THE COMBATANT COMMANDS.
Section 162(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Except as provided in paragraph
(2)'' and inserting ``As directed by the Secretary of
Defense'';
[[Page 130 STAT. 2359]]
(B) by striking ``all forces'' and inserting
``specified forces''; and
(C) by striking the second sentence;
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) A force not assigned to a combatant command or to the United
States element of the North American Aerospace Defense Command under
paragraph (1) shall remain assigned to the military department concerned
for carrying out the responsibilities of the Secretary of the military
department concerned as specified in section 3013, 5013, or 8013 of this
title, as applicable.''; and
(3) in paragraph (4)--
(A) by striking ``operating with the geographic
area'' and
(B) by striking ``assigned to, and''.
SEC. 925. MODIFICATIONS TO THE REQUIREMENTS PROCESS.
(a) In General.--The text of section 181 of title 10, United States
Code, is amended to read as follows:
``(a) In General.--There is a Joint Requirements Oversight Council
in the Department of Defense.
``(b) Mission.--In addition to other matters assigned to it by the
President or Secretary of Defense, the Joint Requirements Oversight
Council shall assist the Chairman of the Joint Chiefs of Staff in--
``(1) assessing joint military capabilities, and
identifying, approving, and prioritizing gaps in such
capabilities, to meet applicable requirements in the national
defense strategy under section 118 of this title;
``(2) reviewing and validating whether a capability proposed
by an armed force, Defense Agency, or other entity of the
Department of Defense fulfills a gap in joint military
capabilities;
``(3) developing recommendations, in consultation with the
advisors to the Council under subsection (d), for program cost
and fielding targets pursuant to section 2448a of this title
that--
``(A) require a level of resources that is
consistent with the level of priority assigned to the
associated capability gap; and
``(B) have an estimated period of time for the
delivery of an initial operational capability that is
consistent with the urgency of the associated capability
gap;
``(4) establishing and approving joint performance
requirements that--
``(A) ensure interoperability, where appropriate,
between and among joint military capabilities; and
``(B) are necessary, as designated by the Chairman
of the Joint Chiefs of Staff, to fulfill capability gaps
of more than one armed force, Defense Agency, or other
entity of the Department;
``(5) reviewing performance requirements for any existing or
proposed capability that the Chairman of the Joint Chiefs of
Staff determines should be reviewed by the Council;
``(6) identifying new joint military capabilities based on
advances in technology and concepts of operation; and
[[Page 130 STAT. 2360]]
``(7) identifying alternatives to any acquisition program
that meets approved joint military capability requirements for
the purposes of sections 2366a(b), 2366b(a)(4), and 2433(e)(2)
of this title.
``(c) Composition.--
``(1) In general.--The Joint Requirements Oversight Council
is composed of the following:
``(A) The Vice Chairman of the Joint Chiefs of
Staff, who is the Chair of the Council and is the
principal adviser to the Chairman of the Joint Chiefs of
Staff for making recommendations about joint military
capabilities or joint performance requirements.
``(B) An Army officer in the grade of general.
``(C) A Navy officer in the grade of admiral.
``(D) An Air Force officer in the grade of general.
``(E) A Marine Corps officer in the grade of
general.
``(2) Selection of members.--Members of the Council under
subparagraphs (B), (C), (D), and (E) of paragraph (1) shall be
selected by the Chairman of the Joint Chiefs of Staff, after
consultation with the Secretary of Defense, from officers in the
grade of general or admiral, as the case may be, who are
recommended for selection by the Secretary of the military
department concerned.
``(3) Recommendations.--In making any recommendation to the
Chairman of the Joint Chiefs of Staff as described in paragraph
(1)(A), the Vice Chairman of the Joint Chiefs of Staff shall
provide the Chairman any dissenting view of members of the
Council under paragraph (1) with respect to such recommendation.
``(d) Advisors.--
``(1) In general.--The following officials of the Department
of Defense shall serve as advisors to the Joint Requirements
Oversight Council on matters within their authority and
expertise:
``(A) The Under Secretary of Defense for Policy.
``(B) The Under Secretary of Defense for
Intelligence.
``(C) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(D) The Under Secretary of Defense (Comptroller).
``(E) The Director of Cost Assessment and Program
Evaluation.
``(F) The Director of Operational Test and
Evaluation.
``(G) The commander of a combatant command when
matters related to the area of responsibility or
functions of that command are under consideration by the
Council.
``(2) Input from combatant commands.--The Council shall seek
and consider input from the commanders of the combatant commands
in carrying out its mission under paragraphs (1) and (2) of
subsection (b).
``(3) Input from chiefs of staff.--The Council shall seek,
and strongly consider, the views of the Chiefs of Staff of the
armed forces, in their roles as customers of the acquisition
system, on matters pertaining to a capability proposed by an
armed force, Defense Agency, or other entity of the Department
of Defense under subsection (b)(2) and joint performance
requirements pursuant to subsection (b)(3).
[[Page 130 STAT. 2361]]
``(e) Performance Requirements as Responsibility of Armed Forces.--
The Chief of Staff of an armed force is responsible for all performance
requirements for that armed force and, except for performance
requirements specified in subsections (b)(4) and (b)(5), such
performance requirements do not need to be validated by the Joint
Requirements Oversight Council.
``(f) Analytic Support.--The Secretary of Defense shall ensure that
analytical organizations within the Department of Defense, such as the
Office of Cost Assessment and Program Evaluation, provide resources and
expertise in operations research, systems analysis, and cost estimation
to the Joint Requirements Oversight Council to assist the Council in
performing the mission in subsection (b).
``(g) Availability of Oversight Information to Congressional Defense
Committees.--The Secretary of Defense shall ensure that, in the case of
a recommendation by the Chairman of the Joint Chiefs of Staff to the
Secretary that is approved by the Secretary, oversight information with
respect to such recommendation that is produced as a result of the
activities of the Joint Requirements Oversight Council is made available
in a timely fashion to the congressional defense committees.
``(h) Definitions.--In this section:
``(1) The term `joint military capabilities' means the
collective capabilities across the joint force, including both
joint and force-specific capabilities, that are available to
conduct military operations.
``(2) The term `performance requirement' means a performance
attribute of a particular system considered critical or
essential to the development of an effective military
capability.
``(3) The term `joint performance requirement' means a
performance requirement that is critical or essential to ensure
interoperability or fulfill a capability gap of more than one
armed force, Defense Agency, or other entity of the Department
of Defense, or impacts the joint force in other ways such as
logistics.
``(4) The term `oversight information' means information and
materials comprising analysis and justification that are
prepared to support a recommendation that is made to, and
approved by, the Secretary of Defense.''.
(b) <<NOTE: 10 USC 2448a note.>> Program Cost and Field Targets.--
The Secretary of Defense shall establish a process to develop program
cost and fielding targets pursuant to section 2448a of title 10, United
States Code, that--
(1) is co-chaired by the Deputy Secretary of Defense and the
Vice Chairman of the Joint Chiefs of Staff;
(2) is supported by--
(A) the Joint Staff, to provide expertise on joint
military capabilities, capability gaps, and performance
requirements;
(B) the Office of Cost Assessment and Program
Evaluation, to provide expertise in resource allocation,
operations research, systems analysis, and cost
estimation; and
(C) other Department of Defense organizations
determined appropriate by the Secretary; and
(3) ensures that appropriate trade-offs are made among life-
cycle cost, schedule, and performance objectives and procurement
quantity objectives.
[[Page 130 STAT. 2362]]
SEC. 926. REVIEW OF COMBATANT COMMAND ORGANIZATION.
(a) Reviews Required.--
(1) In general.--The entities specified in paragraph (2)
shall each conduct a review of the organizational structures of
the combatant commands, and shall develop recommendations for
improving the overall effectiveness of the combatant commands,
and addressing threats that span multiple regions, functions,
and domains.
(2) Entities.--The entities specified in this paragraph are
the following:
(A) The Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff.
(B) An independent entity with appropriate
expertise, selected by the Secretary and with which the
Secretary shall enter into a contract by not later than
30 days after the date of the enactment of this Act.
(b) Elements.--Each review under subsection (a) shall include an
examination of the following:
(1) The evolution of combatant command mission requirements
and the ability of combatant commands to satisfy those mission
requirements.
(2) The evolution of the organizational structures,
compositions, and sizes of the combatant commands, and how such
factors may have contributed to combatant command performance in
satisfying mission requirements, planning, and maintaining force
readiness.
(3) The resources of combatant commands, including the
degree to which combatant command force requirements are
resourced.
(4) The benefits, drawbacks, and resource implications of
eliminating or consolidating combatant commands, or of altering
the relationships among combatant commands and their component
command organizations or the command and control structures of
the combatant commands.
(5) Organizational structures of the combatant commands,
including Joint Task Forces or task-organized forces operating
below the combatant command level, and the benefits, drawbacks,
and resource implications of alternative organizational
structures.
(c) Report.--Not later than September 30, 2017, the Secretary shall
submit to the congressional defense committees a report on the findings
and recommendations of each review required by subsection (a).
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.
(a) Secretary of the Army.--Section 3013(a)(1) of title 10, United
States Code, is amended by inserting after the first sentence the
following new sentence: ``The Secretary shall, to the greatest extent
practicable, be appointed from among persons most highly qualified for
the position by reason of background and experience,
[[Page 130 STAT. 2363]]
including persons with appropriate management or leadership
experience.''.
(b) Secretary of the Navy.--Section 5013(a)(1) of such title is
amended by inserting after the first sentence the following new
sentence: ``The Secretary shall, to the greatest extent practicable, be
appointed from among persons most highly qualified for the position by
reason of background and experience, including persons with appropriate
management or leadership experience.''.
(c) Secretary of the Air Force.--Section 8013(a)(1) of such title is
amended by inserting after the first sentence the following new
sentence: ``The Secretary shall, to the greatest extent practicable, be
appointed from among persons most highly qualified for the position by
reason of background and experience, including persons with appropriate
management or leadership experience.''.
SEC. 932. ENHANCED PERSONNEL MANAGEMENT AUTHORITIES FOR THE CHIEF
OF THE NATIONAL GUARD BUREAU.
Section 10508 of title 10, United States Code, is amended--
(1) by inserting ``(a) Manpower Requirements of National
Guard Bureau.--'' before ``The manpower requirements''; and
(2) by adding at the end the following new subsection:
``(b) Personnel for Functions of National Guard Bureau.--
``(1) In general.--The Chief of the National Guard Bureau
may program for, appoint, employ, administer, detail, and assign
persons under sections 2103, 2105, and 3101 of title 5, or
section 328 of title 32, within the National Guard Bureau and
the National Guard of each State, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, and the Virgin Islands to
execute the functions of the National Guard Bureau and the
missions of the National Guard, and missions as assigned by the
Chief of the National Guard Bureau.
``(2) Administration through adjutants general.--The Chief
of the National Guard Bureau may designate the adjutants general
referred to in section 314 of title 32 to appoint, employ, and
administer the National Guard employees authorized by this
subsection.
``(3) Administrative actions.--Notwithstanding the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.)
and under regulations prescribed by the Chief of the National
Guard Bureau, all personnel actions or conditions of employment,
including adverse actions under title 5, pertaining to a person
appointed, employed, or administered by an adjutant general
under this subsection shall be accomplished by the adjutant
general of the jurisdiction concerned. For purposes of any
administrative complaint, grievance, claim, or action arising
from, or relating to, such a personnel action or condition of
employment:
``(A) The adjutant general of the jurisdiction
concerned shall be considered the head of the agency and
the National Guard of the jurisdiction concerned shall
be considered the employing agency of the individual and
the sole defendant or respondent in any administrative
action.
``(B) The National Guard of the jurisdiction
concerned shall defend any administrative complaint,
grievance,
[[Page 130 STAT. 2364]]
claim, or action, and shall promptly implement all
aspects of any final administrative order, judgment, or
decision.
``(C) In any civil action or proceeding brought in
any court arising from an action under this section, the
United States shall be the sole defendant or respondent.
``(D) The Attorney General of the United States
shall defend the United States in actions arising under
this section described in subparagraph (C).
``(E) Any settlement, judgment, or costs arising
from an action described in subparagraph (A) or (C)
shall be paid from appropriated funds allocated to the
National Guard of the jurisdiction concerned.''.
SEC. 933. REORGANIZATION AND REDESIGNATION OF OFFICE OF FAMILY
POLICY AND OFFICE OF COMMUNITY SUPPORT FOR
MILITARY FAMILIES WITH SPECIAL NEEDS.
(a) Office of Family Policy.--
(1) Redesignation as office of military family readiness
policy.--Section 1781(a) of title 10, United States Code, is
amended--
(A) by striking ``Office of Family Policy'' and
inserting ``Office of Military Family Readiness
Policy''; and
(B) by striking ``Director of Family Policy'' and
inserting ``Director of Military Family Readiness
Policy''.
(2) Inclusion of director on military family readiness
council.--Subsection (b)(1)(E) of section 1781a of such title is
amended by striking ``Office of Community Support for Military
Families with Special Needs'' and inserting ``Office of Military
Family Readiness Policy''.
(3) Conforming amendment.--Section 131(b)(8)(G) of such
title is amended by striking ``Director of Family Policy'' and
inserting ``Director of Military Family Readiness Policy''.
(4) Heading and clerical amendments.--
(A) Section heading.--The heading of section 1781 of
such title is amended to read as follows:
``Sec. 1781. <<NOTE: 10 USC 1781.>> Office of Military Family
Readiness Policy''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 88 of such title <<NOTE: 10 USC
1781 prec.>> is amended by striking the item relating to
section 1781 and inserting the following new item:
``1781. Office of Military Family Readiness Policy.''.
(b) Office of Community Support for Military Families With Special
Needs.--
(1) Redesignation as office of special needs.--Subsection
(a) of section 1781c of title 10, United States Code, is amended
by striking ``Office of Community Support for Military Families
with Special Needs'' and inserting ``Office of Special Needs''.
(2) Reorganization under office of military family readiness
policy.--Such subsection is further amended by striking ``Office
of the Under Secretary of Defense for Personnel and Readiness''
and inserting ``Office of Military Family Readiness Policy''.
(3) Repeal of requirement for head of office to be member of
senior executive service or general or flag
[[Page 130 STAT. 2365]]
officer.--Such section is further amended by striking subsection
(c).
(4) Conforming amendments.--Such section is further
amended--
(A) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively;
(B) by striking ``subsection (e)'' each place it
appears and inserting ``subsection (d)'';
(C) in subsection (c), as so redesignated, by
striking ``subsection (f)'' in paragraph (2) and
inserting ``subsection (e)''; and
(D) in subsection (g), as so redesignated--
(i) in paragraph (2)(A), by striking
``subsection (d)(3)'' and inserting ``subsection
(c)(3)''; and
(ii) in paragraph (2)(B), by striking
``subsection (d)(4)'' and inserting ``subsection
(c)(4)''.
(5) Heading and clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1781c. <<NOTE: 10 USC 1781c.>> Office of Special Needs''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 88 of such title <<NOTE: 10 USC
1781 prec.>> is amended by striking the item relating to
section 1781c and inserting the following new item:
``1781c. Office of 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.
(a) Redesignation.--Section 8016(b)(4)(A) of title 10, United States
Code, is amended--
(1) by striking ``Assistant Secretary of the Air Force for
Acquisition'' and inserting ``Assistant Secretary of the Air
Force for Acquisition, Technology, and Logistics''; and
(2) by inserting ``, technology, and logistics'' after
``acquisition''.
(b) <<NOTE: 10 USC 8016 note.>> References.--Any reference to the
Assistant Secretary of the Air Force for Acquisition in any law,
regulation, map, document, record, or other paper of the United States
shall be deemed to be a reference to the Assistant Secretary of the Air
Force for Acquisition, Technology, and Logistics.
Subtitle E--Strategies, Reports, and Related Matters
SEC. 941. NATIONAL DEFENSE STRATEGY.
(a) National Defense Strategy.--Subsection (g) of section 113 of
title 10, United States Code, is amended to read as follows:
``(g)(1)(A) Except as provided in subparagraph (E), in January every
four years, and intermittently otherwise as may be appropriate, the
Secretary of Defense shall provide to the Secretaries of the military
departments, the Chiefs of Staff of the armed forces, the commanders of
the unified and specified combatant commands,
[[Page 130 STAT. 2366]]
and the heads of all Defense Agencies and Field Activities of the
Department of Defense and other elements of the Department specified in
paragraphs (1) through (10) of section 111(b) of this title, and to the
congressional defense committees, a defense strategy. Each strategy
shall be known as the `national defense strategy', and shall support the
most recent national security strategy report of the President under
section 108 of the National Security Act of 1947 (50 U.S.C. 3043).
``(B) Each national defense strategy shall including the following:
``(i) The priority missions of the Department of Defense,
and the assumed force planning scenarios and constructs.
``(ii) The assumed strategic environment, including the most
critical and enduring threats to the national security of the
United States and its allies posed by state or non-state actors,
and the strategies that the Department will employ to counter
such threats and provide for the national defense.
``(iii) A strategic framework prescribed by the Secretary
that guides how the Department will prioritize among the threats
described in clause (ii) and the missions specified pursuant to
clause (i), how the Department will allocate and mitigate the
resulting risks, and how the Department will make resource
investments.
``(iv) The roles and missions of the armed forces to carry
out the missions described in clause (i), and the assumed roles
and capabilities provided by other United States Government
agencies and by allies and international partners.
``(v) The force size and shape, force posture, defense
capabilities, force readiness, infrastructure, organization,
personnel, technological innovation, and other elements of the
defense program necessary to support such strategy.
``(vi) The major investments in defense capabilities, force
structure, force readiness, force posture, and technological
innovation that the Department will make over the following
five-year period in accordance with the strategic framework
described in clause (iii).
``(C) The Secretary shall seek the military advice and assistance of
the Chairman of the Joint Chiefs of Staff in preparing each national
defense strategy required by this subsection.
``(D) Each national defense strategy under this subsection shall be
presented to the congressional defense committees in classified form
with an unclassified summary.
``(E) In a year following an election for President, which election
results in the appointment by the President of a new Secretary of
Defense, the Secretary shall present the national defense strategy
required by this subsection as soon as possible after appointment by and
with the advice and consent of the Senate.
``(F) In February of each year in which the Secretary does not
submit a new defense strategy as required by paragraph (A), the
Secretary shall submit to the congressional defense committees an
assessment of the current national defense strategy, including an
assessment of the implementation of the strategy by the Department and
an assessment whether the strategy requires revision as a result of
changes in assumptions, policy, or other factors.
``(2) In implementing a national defense strategy under paragraph
(1), the Secretary, with the advice and assistance of the Chairman of
the Joint Chiefs of Staff, shall provide annually to
[[Page 130 STAT. 2367]]
the Secretaries of the military departments, the Chiefs of Staff of the
armed forces, the commanders of the unified and specified combatant
commands, and the heads of all Defense Agencies and Field Activities of
the Department and other elements of the Department specified in
paragraphs (1) through (10) of section 111(b) of this title, written
policy guidance for the preparation and review of the program
recommendations and budget proposals of their respective components to
guide the development of forces. Such guidance shall include--
``(A) the national security interests and objectives;
``(B) the priority military missions of the Department,
including the assumed force planning scenarios and constructs;
``(C) the force size and shape, force posture, defense
capabilities, force readiness, infrastructure, organization,
personnel, technological innovation, and other elements of the
defense program necessary to support the strategy;
``(D) the resource levels projected to be available for the
period of time for which such recommendations and proposals are
to be effective; and
``(E) a discussion of any changes in the defense strategy
and assumptions underpinning the strategy, as required by
paragraph (1).
``(3) In implementing the guidance under paragraph (2), the
Secretary, with the approval of the President and after consultation
with the Chairman of the Joint Chiefs of Staff, shall provide, every two
years or more frequently as needed, to the Chairman written policy
guidance for the preparation and review of contingency plans, including
plans for providing support to civil authorities in an incident of
national significance or a catastrophic incident, for homeland defense,
and for military support to civil authorities. Such guidance shall
include guidance on the employment of forces, including specific force
levels and specific supporting resource levels projected to be available
for the period of time for which such plans are to be effective.
``(4) Not later than February 15 in any calendar year in which any
written guidance is required pursuant to paragraph (2) or (3), the
Secretary shall provide to the congressional defense committees a
detailed classified briefing summarizing such guidance developed
pursuant to such paragraphs.''.
(b) Conforming Repeal.--
(1) In general.--Section 118 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title <<NOTE: 10 USC 111
prec.>> is amended by striking the item relating to section 118.
SEC. 942. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR THE
UNITED STATES.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on the National Defense Strategy for the
United States'' (in this section referred to as the ``Commission''). The
purpose of the Commission is to examine and make recommendations with
respect to the national defense strategy for the United States.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12
members appointed as follows:
[[Page 130 STAT. 2368]]
(A) Three members appointed by the chair of the
Committee on Armed Services of the House of
Representatives.
(B) Three members appointed by the ranking minority
member of the Committee on Armed Services of the House
of Representatives.
(C) Three members appointed by the chair of the
Committee on Armed Services of the Senate.
(D) Three members appointed by the ranking minority
member of the Committee on Armed Services of the Senate.
(2) Chair; vice chair.--
(A) Chair.--The chair of the Committee on Armed
Services of the House of Representative and the chair of
the Committee on Armed Services of the Senate shall
jointly designate one member of the Commission to serve
as chair of the Commission.
(B) Vice chair.--The ranking minority member of the
Committee on Armed Services of the House of
Representative and the ranking minority member of the
Committee on Armed Services of the Senate shall jointly
designate one member of the Commission to serve as vice
chair of the Commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--The Commission shall review the current
national defense strategy of the United States, including the
assumptions, missions, force posture and structure, and
strategic and military risks associated with the strategy.
(2) Assessment and recommendations.--The Commission shall
conduct a comprehensive assessment of the strategic environment,
the threats to the United States, the size and shape of the
force, the readiness of the force, the posture and capabilities
of the force, the allocation of resources, and strategic and
military risks in order to provide recommendations on the
national defense strategy for the United States.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the Commission
shall receive the full and timely cooperation of the Secretary
of Defense in providing the Commission with analysis, briefings,
and other information necessary for the fulfillment of its
responsibilities.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as a
liaison officer between the Department and the Commission.
(e) Report.--
(1) Final report.--Not later than December 1, 2017, the
Commission shall submit to the President, the Secretary of
Defense, the Committee on Armed Services of the House of
Representatives, and the Committee on Armed Services of the
Senate a report on the Commission's findings, conclusions, and
recommendations. The report shall address, but not be limited
to, each of the following:
(A) The strategic environment, including threats to
the United States and the potential for conflicts
arising
[[Page 130 STAT. 2369]]
from such threats, security challenges, and the national
security interests of the United States.
(B) The military missions for which the Department
of Defense should prepare and the force planning
construct.
(C) The roles and missions of the Armed Forces to
carry out those missions and the roles and capabilities
provided by other United States Government agencies and
by allies and international partners.
(D) The force planning construct, size and shape,
posture and capabilities, readiness, infrastructure,
organization, personnel, and other elements of the
defense program necessary to support the strategy.
(E) The resources necessary to support the strategy,
including budget recommendations.
(F) The risks associated with the strategy,
including the relationships and tradeoffs between
missions, risks, and resources.
(2) Interim briefing.--Not later than June 1, 2017, the
Commission shall provide to the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate a briefing on the status of its review
and assessment, and include a discussion of any interim
recommendations.
(3) Form.--The report submitted to Congress under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
(f) Funding.--Of the amounts authorized to be appropriated by to
this Act for the Department of Defense, $5,000,000 is available to fund
the activities of the Commission.
(g) Termination.--The Commission shall terminate 6 months after the
date on which it submits the report required by subsection (e).
SEC. 943. REFORM OF THE NATIONAL MILITARY STRATEGY.
(a) In General.--Paragraph (1) of section 153(b) of title 10, United
States Code, is amended to read as follows:
``(1) National military strategy.--(A) The Chairman shall
determine each even-numbered year whether to prepare a new
National Military Strategy in accordance with this paragraph or
to update a strategy previously prepared in accordance with this
paragraph. The Chairman shall provide such National Military
Strategy or update to the Secretary of Defense in time for
transmittal to Congress pursuant to paragraph (3), including in
time for inclusion in the report of the Secretary of Defense, if
any, under paragraph (4).
``(B) Each National Military Strategy (or update) under this
paragraph shall be based on a comprehensive review conducted by
the Chairman in conjunction with the other members of the Joint
Chiefs of Staff and the commanders of the unified and specified
combatant commands. Each update shall address only those parts
of the most recent National Military Strategy for which the
Chairman determines, on the basis of the review, that a
modification is needed.
``(C) Each National Military Strategy (or update) submitted
under this paragraph shall describe how the military will
support the objectives of the United States as articulated in--
[[Page 130 STAT. 2370]]
``(i) the most recent National Security Strategy
prescribed by the President pursuant to section 108 of
the National Security Act of 1947 (50 U.S.C. 3043);
``(ii) the most recent annual report of the
Secretary of Defense submitted to the President and
Congress pursuant to section 113 of this title;
``(iii) the most recent national defense strategy
presented by the Secretary of Defense pursuant to
section 113 of this title;
``(iv) the most recent policy guidance provided by
the Secretary of Defense pursuant to section 113(g) of
this title; and
``(v) any other national security or defense
strategic guidance issued by the President or the
Secretary of Defense.
``(D) At a minimum, each National Military Strategy (or
update) submitted under this paragraph shall--
``(i) assess the strategic environment, threats,
opportunities, and challenges that affect the national
security of the United States;
``(ii) assess military ends, ways, and means to
support the objectives referred to in subparagraph (C);
``(iii) provide the framework for the assessment by
the Chairman of military strategic and operational
risks, and for the development of risk mitigation
options;
``(iv) develop military options to address threats
and opportunities;
``(v) assess joint force capabilities, capacities,
and resources; and
``(vi) establish military guidance for the
development of the joint force and the total force
building on guidance by the President and the Secretary
of Defense as referred to in subparagraph (C).''.
(b) Modification to Risk Assessment.--Paragraph (2) of such section
is amended--
(1) in the third sentence of subparagraph (A), by striking
``of the report'' and inserting ``in the report''; and
(2) in subparagraph (B)--
(A) by inserting ``(or update)'' after ``National
Military Strategy'' each place it appears;
(B) in clause (ii), by striking ``strategic risks to
United States interests'' and all that follows and
inserting ``military strategic and operational risks to
United States interests and the military strategic and
operational risks in executing the National Military
Strategy (or update).'';
(C) in clause (iii), by striking ``distinguishing
between the concepts of probability and consequences'';
(D) in clause (iv)(II), by striking ``most''; and
(E) in clause (v), by striking ``or support of--''
and all the follows and inserting ``of external support,
as appropriate.''.
(c) Form.--Paragraph (3) of such section is amended by adding at the
end the following new subparagraph:
``(C) The National Military Strategy (or update) and Risk
Assessment submitted under this subsection shall be classified
in form, but shall include an unclassified summary.''.
[[Page 130 STAT. 2371]]
SEC. 944. FORM OF ANNUAL NATIONAL SECURITY STRATEGY REPORT.
Section 108(c) of the National Security Act of 1947 (50 U.S.C.
3043(c)) is amended by striking ``in both a classified form and an
unclassified form'' and inserting ``to Congress in classified form, but
may include an unclassified summary''.
SEC. 945. MODIFICATION TO INDEPENDENT STUDY OF NATIONAL SECURITY
STRATEGY FORMULATION PROCESS.
Section 1064(b)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 989) is amended--
(1) in subparagraph (D), by inserting ``, including
Congress,'' after ``Federal Government''; and
(2) by adding at the end the following new subparagraph:
``(E) The capabilities and limitations of the
Department of Defense workforce responsible for
conducting strategic planning, including recommendations
for improving the workforce through training, education,
and career management.''.
Subtitle F--Other Matters
SEC. 951. <<NOTE: 10 USC 1564 note.>> ENHANCED SECURITY PROGRAMS
FOR DEPARTMENT OF DEFENSE PERSONNEL AND
INNOVATION INITIATIVES.
(a) Enhancement of Security Programs Generally.--
(1) Personnel background and security plan required.--The
Secretary of Defense shall develop an implementation plan for
the Defense Security Service to conduct, after October 1, 2017,
background investigations for personnel of the Department of
Defense whose investigations are adjudicated by the Consolidated
Adjudication Facility of the Department. The Secretary shall
submit the implementation plan to the congressional defense
committees by not later than August 1, 2017.
(2) Plan for potential transfer of investigative personnel
to department of defense.--Not later than October 1, 2017, the
Secretary and the Director of the Office of Personnel Management
shall develop a plan to transfer Government investigative
personnel and contracted resources to the Department in
proportion to the background and security investigative workload
that would be assumed by the Department if the plan required by
paragraph (1) were implemented.
(3) Report.--Not later than August 1, 2017, the Secretary
shall submit to the congressional defense committees a report on
the number of full-time equivalent employees of the management
headquarters of the Department that would be required by the
Defense Security Service to carry out the plan developed under
paragraph (1).
(4) Collection, storage, and retention of information by
insider threat programs.--In order to enable detection and
mitigation of potential insider threats, the Secretary shall
ensure that insider threat programs of the Department collect,
store, and retain information from the following:
(A) Personnel security.
(B) Physical security.
(C) Information security.
[[Page 130 STAT. 2372]]
(D) Law enforcement.
(E) Counterintelligence.
(F) User activity monitoring.
(G) Information assurance.
(H) Such other data sources as the Secretary
considers necessary and appropriate.
(b) Elements of System.--
(1) In general.--In developing a system for the performance
of background investigations for personnel in carrying out
subsection (a), the Secretary shall--
(A) conduct a review of security clearance business
processes and, to the extent practicable, modify such
processes to maximize compatibility with the security
clearance information technology architecture to
minimize the need for customization of the system;
(B) conduct business process mapping of the business
processes described in subparagraph (A);
(C) use spiral development and incremental
acquisition practices to rapidly deploy the system,
including through the use of prototyping and open
architecture principles;
(D) establish a process to identify and limit
interfaces with legacy systems and to limit
customization of any commercial information technology
tools used;
(E) establish automated processes for measuring the
performance goals of the system;
(F) incorporate capabilities for the continuous
monitoring of network security and the mitigation of
insider threats to the system;
(G) institute a program to collect and maintain data
and metrics on the background investigation process; and
(H) establish a council (to be known as the
``Department of Defense Background Investigations Rate
Council'') to advise and advocate for rate efficiencies
for background clearance investigation rates, and to
negotiate rates for background investigation services
provided to outsides entities and agencies when
requested.
(2) Completion date.--The Secretary shall complete the
development and implementation of the system described in
paragraph (1) by not later than September 30, 2019.
(c) Establishment of Enhanced Security Program to Support Department
of Defense Innovation Initiative.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
personnel security program, and take such other actions as the
Secretary considers appropriate, to support the Innovation
Initiative of the Department to better leverage commercial
technology.
(2) Policies and procedures.--In establishing the program
required by paragraph (1), the Secretary shall develop policies
and procedures to rapidly and inexpensively investigate and
adjudicate security clearances for personnel from commercial
companies with innovative technologies and solutions to enable
such companies to receive relevant threat reporting and to
propose solutions for a broader set of Department requirements.
(3) Access to classified information.--The Secretary shall
ensure that access to classified information under the
[[Page 130 STAT. 2373]]
program required by paragraph (1) is not contingent on a company
already being under contract with the Department.
(4) Award of security clearances.--The Secretary may award
secret clearances under the program required by paragraph (1)
for limited purposes and periods relating to the acquisition or
modification of capabilities and services.
(d) Updated Guidance and Review of Policies.--
(1) Review of applicable laws.--The Secretary shall review
laws, regulations, and executive orders relating to the
maintenance of personnel security clearance information by the
Federal Government, including the investigation timeline metrics
established in the Intelligence Reform and Prevention of
Terrorism Act of 2004 (Public Law 108-458). The review should
also identify recommendations to eliminate duplicative or
outdated authorities in current executive orders, regulations
and guidance. Not later than 90 days after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing that includes--
(A) the results of the review; and
(B) recommendations, if any, for consolidating and
clarifying laws, regulations, and executive orders
relating to the maintenance of personnel security
clearance information by the Federal Government.
(2) Reciprocity directive.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
coordinate with the Security Executive Agent, in consultation
with the Suitability Executive Agent, to issue an updated
reciprocity directive that accounts for security policy changes
associated with new position designation regulations under
section 1400 of title 5, Code of Federal Regulations, new
continuous evaluation policies, and new Federal investigative
standards.
(3) Implementation directives.--The Secretary, working with
the Security Executive Agent and the Suitability Executive
Agent, shall jointly develop and issue directives on--
(A) completing the implementation of the National
Security Sensitive Position designations required by
section 1400 of title 5, Code of Federal Regulations;
and
(B) aligning to the maximum practical extent the
investigative and adjudicative standards and criteria
for positions requiring access to classified information
and national security sensitive positions not requiring
access to classified information to ensure effective and
efficient reciprocity and consistent designation of
like-positions across the Federal Government.
(e) Waiver of Certain Deadlines.--For each of fiscal years 2017
through 2019, the Secretary may waive any background investigation
timeline specified in the Intelligence Reform and Prevention of
Terrorism Act of 2004 if the Secretary submits to the appropriate
committees of Congress a written notification on the waiver not later
than 30 days before the beginning of the fiscal year concerned.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' has the
meaning given that term in section 3001(a)(8) of the
Intelligence Reform and Prevention of Terrorism Act of 2004 (50
U.S.C. 3341(a)(8)).
[[Page 130 STAT. 2374]]
(2) The term ``business process mapping'' has the meaning
given that term in section 2222(i) of title 10, United States
Code.
(3) The term ``insider threat'' means, with respect to the
Department, a threat presented by a person who--
(A) has, or once had, authorized access to
information, a facility, a network, a person, or a
resource of the Department; and
(B) wittingly, or unwittingly, commits--
(i) an act in contravention of law or policy
that resulted in, or might result in, harm through
the loss or degradation of government or company
information, resources, or capabilities; or
(ii) a destructive act, which may include
physical harm to another in the workplace.
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.
(a) Law Enforcement Authority.--Subsection (b) of section 2674 of
title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (5); and
(2) by striking the matter in such subsection preceding such
paragraph and inserting the following:
``(b)(1) The Secretary shall protect the buildings, grounds, and
property located in the National Capital Region that are occupied by, or
under the jurisdiction, custody, or control of, the Department of
Defense, and the persons on that property.
``(2) The Secretary may designate military or civilian personnel to
perform law enforcement functions and military, civilian, or contract
personnel to perform security functions for such buildings, grounds,
property, and persons, including, with regard to civilian personnel
designated under this section, duty in areas outside the property
referred to in paragraph (1) to the extent necessary to protect that
property and persons on that property. Subject to the authorization of
the Secretary, any such military or civilian personnel so designated may
exercise the authorities listed in paragraphs (1) through (5) of section
2672(c) of this title.
``(3) The powers granted under paragraph (2) to military and
civilian personnel designated under that paragraph shall be exercised in
accordance with guidelines prescribed by the Secretary and approved by
the Attorney General.
``(4) Nothing in this subsection shall be construed to--
``(A) preclude or limit the authority of any Defense
Criminal Investigative Organization or any other Federal law
enforcement agency;
``(B) restrict the authority of the Secretary of Homeland
Security under the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) or the authority of the Administrator of General
Services, including the authority to promulgate regulations
affecting property under the custody and control of that
Secretary or the Administrator, respectively;
``(C) expand or limit section 21 of the Internal Security
Act of 1950 (50 U.S.C. 797);
``(D) affect chapter 47 of this title (the Uniform Code of
Military Justice);
[[Page 130 STAT. 2375]]
``(E) restrict any other authority of the Secretary of
Defense or the Secretary of a military department; or
``(F) restrict the authority of the Director of the National
Security Agency under section 11 of the National Security Agency
Act of 1959 (50 U.S.C. 3609).''.
(b) Rates of Basic Pay for Civilian Law Enforcement Personnel.--
Paragraph (5) of such subsection, as redesignated by subsection (a)(1)
of this section, is amended by inserting ``, whichever is greater''
before the period at the end.
(c) Codification of Authority To Provide Physical Protection and
Personal Security Within United States to Certain Senior Leaders in DoD
and Other Specified Persons.--
(1) In general.--Chapter 41 of title 10, United States Code,
is amended by inserting after section 713 a new section 714
consisting of--
(A) a heading as follows:
``Sec. 714. <<NOTE: 10 USC 714.>> Senior leaders of the
Department of Defense and other specified persons:
authority to provide protection within the United
States''; and
(B) a text consisting of the text of subsections (a)
through (d) of section 1074 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 113
note).
(2) Clerical amendment.--The table of sections at the
beginning of chapter 41 of such title <<NOTE: 10 USC 711
prec.>> is amended by adding at the end the following new item:
``714. Senior leaders of the Department of Defense and other specified
persons: authority to provide protection within the United
States.''.
(3) Repeal of codified provision.--Section 1074 of the
National Defense Authorization Act for Fiscal Year 2008 is
repealed.
(4) Conforming and stylistic amendments due to
codification.--Section 714 of title 10, United States Code, as
added by paragraph (1), is amended--
(A) in subsections (a), (b)(1), and (d)(1), by
striking ``Armed Forces'' and inserting ``armed
forces'';
(B) in subsection (c)--
(i) by striking ``section:'' and all that
follows through ``Forces' and'' and inserting
``section, the terms `qualified members of the
armed forces' and''; and
(ii) by redesignating subparagraphs (A)
through (E) as paragraphs (1) through (5),
respectively, and realigning the left margin of
such paragraphs, as so redesignated, two ems to
the left; and
(C) in subsection (d)(2), by striking ``, United
States Code''.
(5) Amendments for consistency with title 10 usage as to
service chiefs.--Such section is further amended--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``Chiefs of
the Services'' and inserting ``Members of the
Joint Chiefs of Staff in addition to the Chairman
and Vice Chairman'';
(ii) by striking paragraph (7); and
[[Page 130 STAT. 2376]]
(iii) by redesignating paragraph (8) as
paragraph (7); and
(B) in subsection (b)(1), by striking ``through
(8)'' and inserting ``through (7)''.
(6) Amendments for consistency with title 10 usage as to
``military member''.--Subsection (b)(2)(A) of such section is
amended--
(A) by striking ``, military member,''; and
(B) by inserting after ``of the Department of
Defense'' the following: ``or member of the armed
forces''.
SEC. 953. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR MEMBERS
OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES LISTED AS
MISSING.
(a) Limitation of Defense POW/MIA Accounting Agency to Missing
Persons From Past Conflicts.--Section 1501(a) of title 10, United States
Code, is amended--
(1) in paragraph (1)(A), by inserting ``from past
conflicts'' after ``matters relating to missing persons'';
(2) in paragraph (2)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B), (C), (D),
(E), and (F) as subparagraphs (A), (B), (C), (D), and
(E), respectively; and
(C) by inserting ``from past conflicts'' after
``missing persons'' each place it appears;
(3) in paragraph (4)--
(A) by striking ``for personal recovery (including
search, rescue, escape, and evasion) and''; and
(B) by inserting ``from past conflicts'' after
``missing persons''; and
(4) by striking paragraph (5).
(b) Action Upon Discovery or Receipt of Information.--Section
1505(c) of such title is amended by striking ``designated Agency
Director'' in paragraphs (1), (2), and (3) and inserting ``Secretary of
Defense''.
(c) Definition of ``Accounted for''.--Section 1513(3)(B) of such
title is amended by inserting ``to the extent practicable'' after ``are
recovered''.
SEC. 954. MODIFICATIONS TO CORROSION REPORT.
(a) Modifications to Report to Congress.--Section 2228(e)(1) of
title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting
after ``2009'' the following: ``and ending with the budget for
fiscal year 2022'';
(2) by amending subparagraph (B) to read as follows:
``(B) The estimated composite return on investment achieved
by implementing the strategy, and documented in the assessments
by the Department of Defense of completed corrosion projects and
activities.'';
(3) by amending subparagraph (D) to read as follows:
``(D) If the full amount of funding requirements is not
requested in the budget, the reasons for not including the full
amount and a description of the impact on readiness, logistics,
and safety of not fully funding required corrosion prevention
and mitigation activities.''; and
(4) in subparagraph (F), by striking ``pilot''.
[[Page 130 STAT. 2377]]
(b) Report to Director of Corrosion Policy and Oversight.--Section
2228(e)(2) of such title is amended--
(1) by inserting ``(A)'' before ``Each report'';
(2) by striking ``a copy of'' and all that follows through
the period and inserting ``a summary of the most recent report
required by subparagraph (B).''; and
(3) by adding at the end the following new subparagraph:
``(B) Not later than December 31 of each year, through December 31,
2020, the corrosion control and prevention executive of a military
department shall submit to the Director of Corrosion Policy and
Oversight a report containing recommendations pertaining to the
corrosion control and prevention program of the military department.
Such report shall include recommendations for the funding levels
necessary for the executive to carry out the duties of the executive
under this section. The report required under this subparagraph shall--
``(i) provide a summary of key accomplishments, goals, and
objectives of the corrosion control and prevention program of
the military department; and
``(ii) include the performance measures used to ensure that
the corrosion control and prevention program achieved the goals
and objectives described in clause (i).''.
(c) Conforming Repeal.--Section 903(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2228 note) is
amended by striking paragraph (5).
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.
[[Page 130 STAT. 2378]]
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.
[[Page 130 STAT. 2379]]
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.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2017 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. REPORT ON AUDITABLE FINANCIAL STATEMENTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
[[Page 130 STAT. 2380]]
defense committees a report ranking all military departments and Defense
Agencies in order of how advanced they are in achieving auditable
financial statements as required by law. The report should not include
information otherwise available in other reports to Congress.
SEC. 1003. <<NOTE: 10 USC 2222 note.>> INCREASED USE OF
COMMERCIAL DATA INTEGRATION AND ANALYSIS
PRODUCTS FOR THE PURPOSE OF PREPARING
FINANCIAL STATEMENT AUDITS.
(a) Deployment of Data Analytics Capabilities.--The Secretary of
Defense shall use competitive procedures under chapter 137 of title 10,
United States Code, to procure or develop, as soon as practicable,
technologies or services, including those based on commercially
available information technologies and services to improve data
collection and analyses to support preparation of auditable financial
statements for the Department of Defense.
(b) Use of Funding and Resources.--The Secretary of Defense may use
science and technology funding, prototypes, and test and evaluation
resources as appropriate in support of this deployment.
(c) Report on Performance.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation
with the Chief Financial Officer and the Chief Management Officer of the
Department of Defense, shall submit to the congressional defense
committees a report on the capabilities procured pursuant to subsection
(a), including the results of using such capabilities in connection with
auditing a financial statement of the Department of Defense.
SEC. 1004. SENSE OF CONGRESS ON SEQUESTRATION.
It is the sense of the Congress that--
(1) the fiscal challenges of the Federal Government are a
top priority for Congress, and sequestration--non-strategic,
across-the-board budget cuts--remains an unreasonable and
inadequate budgeting tool to address the deficits and debt of
the Federal Government;
(2) budget caps imposed by the Budget Control Act of 2011
(Public Law 112-25) impose unacceptable limitations on the
budget and increase risk to the national security of the United
States; and
(3) the budget caps imposed by the Budget Control Act of
2011 must be modified or eliminated through a bipartisan
legislative agreement.
SEC. 1005. REQUIREMENT TO TRANSFER FUNDS FROM DEPARTMENT OF
DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND TO THE TREASURY.
(a) Transfer Required.--During fiscal year 2017, the Secretary of
Defense shall transfer, from amounts available in the Department of
Defense Acquisition Workforce Development Fund from amounts credited to
the Fund pursuant to section 1705(d)(2) of title 10, United States Code,
$475,000,000 to the Secretary of the Treasury for deposit in the general
fund of the Treasury.
(b) Additional Authority.--The transfer authority provided by this
section is in addition to any other transfer authority contained in this
Act.
[[Page 130 STAT. 2381]]
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.
(a) Codification and Modification.--
(1) In general.--Chapter 18 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 384. <<NOTE: 10 USC 384.>> Support for counterdrug
activities and activities to counter transnational
organized crime
``(a) Support to Other Agencies.--The Secretary of Defense may
provide support for the counterdrug activities or activities to counter
transnational organized crime of any other department or agency of the
Federal Government or of any State, local, tribal, or foreign law
enforcement agency for any of the purposes set forth in subsection (b)
or (c), as applicable, if--
``(1) in the case of support described in subsection (b),
such support is requested--
``(A) by the official who has responsibility for the
counterdrug activities or activities to counter
transnational organized crime of the department or
agency of the Federal Government, in the case of support
for other departments or agencies of the Federal
Government; or
``(B) by the appropriate official of a State, local,
or tribal government, in the case of support for State,
local, or tribal law enforcement agencies; or
``(2) in the case of support described in subsection (c),
such support is requested by an appropriate official of a
department or agency of the Federal Government, in coordination
with the Secretary of State, that has counterdrug
responsibilities or responsibilities for countering
transnational organized crime.
``(b) Types of Support for Agencies of United States.--The purposes
for which the Secretary may provide support under subsection (a) for
other departments or agencies of the Federal Government or a State,
local, or tribal law enforcement agencies, are the following:
``(1) The maintenance and repair of equipment that has been
made available to any department or agency of the Federal
Government or to any State, local, or tribal government by the
Department of Defense for the purposes of--
``(A) preserving the potential future utility of
such equipment for the Department of Defense; and
``(B) upgrading such equipment to ensure
compatibility of that equipment with other equipment
used by the Department.
``(2) The maintenance, repair, or upgrading of equipment
(including computer software), other than equipment referred to
in paragraph (1) for the purpose of--
``(A) ensuring that the equipment being maintained
or repaired is compatible with equipment used by the
Department of Defense; and
[[Page 130 STAT. 2382]]
``(B) upgrading such equipment to ensure the
compatibility of that equipment with equipment used by
the Department.
``(3) The transportation of personnel of the United States
and foreign countries (including per diem expenses associated
with such transportation), and the transportation of supplies
and equipment, for the purpose of facilitating counterdrug
activities or activities to counter transnational organized
crime within or outside the United States.
``(4) The establishment (including an unspecified minor
military construction project) and operation of bases of
operations or training facilities for the purpose of
facilitating counterdrug activities or activities to counter
transnational organized crime of the Department of Defense or
any Federal, State, local, or tribal law enforcement agency
within or outside the United States.
``(5) Counterdrug or counter-transnational organized crime
related training of law enforcement personnel of the Federal
Government, of State, local, and tribal governments, including
associated support expenses for trainees and the provision of
materials necessary to carry out such training.
``(6) The detection, monitoring, and communication of the
movement of--
``(A) air and sea traffic within 25 miles of and
outside the geographic boundaries of the United States;
and
``(B) surface traffic outside the geographic
boundary of the United States and within the United
States not to exceed 25 miles of the boundary if the
initial detection occurred outside of the boundary.
``(7) Construction of roads and fences and installation of
lighting to block drug smuggling corridors across international
boundaries of the United States.
``(8) Establishment of command, control, communications, and
computer networks for improved integration of law enforcement,
active military, and National Guard activities.
``(9) The provision of linguist and intelligence analysis
services.
``(10) Aerial and ground reconnaissance.
``(c) Types of Support for Foreign Law Enforcement Agencies.--
``(1) Purposes.--The purposes for which the Secretary may
provide support under subsection (a) for foreign law enforcement
agencies are the following:
``(A) The transportation of personnel of the United
States and foreign countries (including per diem
expenses associated with such transportation), and the
transportation of supplies and equipment, for the
purpose of facilitating counterdrug activities or
activities to counter transnational organized crime
within or outside the United States.
``(B) The establishment (including small scale
construction) and operation of bases of operations or
training facilities for the purpose of facilitating
counterdrug activities or activities to counter
transnational organized crime of a foreign law
enforcement agency outside the United States.
``(C) The detection, monitoring, and communication
of the movement of--
[[Page 130 STAT. 2383]]
``(i) air and sea traffic within 25 miles of
and outside the geographic boundaries of the
United States; and
``(ii) surface traffic outside the geographic
boundaries of the United States.
``(D) Establishment of command, control,
communications, and computer networks for improved
integration of United States Federal and foreign law
enforcement entities and United States Armed Forces.
``(E) The provision of linguist and intelligence
analysis services.
``(F) Aerial and ground reconnaissance.
``(2) Coordination with secretary of state.--In providing
support for a purpose described in this subsection, the
Secretary shall coordinate with the Secretary of State.
``(d) Contract Authority.--In carrying out subsection (a), the
Secretary may acquire services or equipment by contract for support
provided under that subsection if the Department of Defense would
normally acquire such services or equipment by contract for the purpose
of conducting a similar activity for the Department.
``(e) Limited Waiver of Prohibition.--Notwithstanding section 376 of
this title, the Secretary may provide support pursuant to subsection (a)
in any case in which the Secretary determines that the provision of such
support would adversely affect the military preparedness of the United
States in the short term if the Secretary determines that the importance
of providing such support outweighs such short-term adverse effect.
``(f) Conduct of Training or Operation To Aid Civilian Agencies.--In
providing support pursuant to subsection (a), the Secretary may plan and
execute otherwise valid military training or operations (including
training exercises undertaken pursuant to section 1206(a) of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1564) for the purpose of aiding civilian
law enforcement agencies.
``(g) Relationship to Other Support Authorities.--
``(1) Additional authority.--The authority provided in this
section for the support of counterdrug activities or activities
to counter transnational organized crime by the Department of
Defense is in addition to, and except as provided in paragraph
(2), not subject to the other requirements of this chapter.
``(2) Exception.--Support under this section shall be
subject to the provisions of section 375 and, except as provided
in subsection (e), section 376 of this title.
``(h) Congressional Notification.--
``(1) In general.--Not less than 15 days before providing
support for an activity under subsection (a), the Secretary of
Defense shall submit to the appropriate committees of Congress a
written and electronic notice of the following:
``(A) In the case of support for a purpose described
in subsection (c)--
``(i) the country the capacity of which will
be built or enabled through the provision of such
support;
``(ii) the budget, implementation timeline
with milestones, anticipated delivery schedule for
support, and completion date for the purpose or
project for which support is provided;
[[Page 130 STAT. 2384]]
``(iii) the source and planned expenditure of
funds provided for the project or purpose;
``(iv) a description of the arrangements, if
any, for the sustainment of the project or purpose
and the source of funds to support sustainment of
the capabilities and performance outcomes achieved
using such support, if applicable;
``(v) a description of the objectives for the
project or purpose and evaluation framework to be
used to develop capability and performance metrics
associated with operational outcomes for the
recipient;
``(vi) information, including the amount,
type, and purpose, about the support provided the
country during the three fiscal years preceding
the fiscal year for which the support covered by
the notice is provided under this section under--
``(I) this section;
``(II) section 23 of the Arms Export
Control Act (22 U.S.C. 2763);
``(III) peacekeeping operations;
``(IV) the International Narcotics
Control and Law Enforcement program
under section 481 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291);
``(V) Nonproliferation, Anti-
Terrorism, Demining, and Related
Programs;
``(VI) counterdrug activities
authorized by section 1004 of the
National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 374 note)
and section 1033 of the National Defense
Authorization Act for Fiscal Year 1998
(Public Law 105-85); or
``(VII) any other significant
program, account, or activity for the
provision of security assistance that
the Secretary of Defense and the
Secretary of State consider appropriate;
``(vii) an evaluation of the capacity of the
recipient country to absorb the support provided;
and
``(viii) an evaluation of the manner in which
the project or purpose for which the support is
provided fits into the theater security
cooperation strategy of the applicable geographic
combatant command.
``(B) In the case of support for a purpose described
in subsection (b) or (c), a description of any small
scale construction project for which support is
provided.
``(2) Coordination with secretary of state.--In providing
notice under this subsection for a purpose described in
subsection (c), the Secretary of Defense shall coordinate with
the Secretary of State.
``(i) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
``(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
[[Page 130 STAT. 2385]]
``(2) The term `Indian tribe' means a Federally recognized
Indian tribe.
``(3) The term `small scale construction' means construction
at a cost not to exceed $750,000 for any project.
``(4) The term `tribal government' means the governing body
of an Indian tribe, the status of whose land is `Indian country'
as defined in section 1151 of title 18 or held in trust by the
United States for the benefit of the Indian tribe.
``(5) The term `tribal law enforcement agency' means the law
enforcement agency of a tribal government.
``(6) The term `transnational organized crime' means self-
perpetuating associations of individuals who operate
transnationally for the purpose of obtaining power, influence,
monetary, or commercial gains, wholly or in part by illegal
means, while protecting their activities through a pattern of
corruption or violence or through a transnational organization
structure and the exploitation of transnational commerce or
communication mechanisms.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 18 of such title <<NOTE: 10 USC 371
prec.>> is amended by adding at the end the following new item:
``384. Support for counterdrug activities and activities to counter
transnational organized crime.''.
(b) Repeal of Superseded Authority.--Section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is
repealed.
SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CURRICULA AND PROGRAM
STRUCTURES OF NATIONAL GUARD COUNTERDRUG
SCHOOLS.
(a) In General.--Section 901 of the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469; 32 U.S.C. 112
note) is amended--
(1) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Curriculum Review.--The Secretary of Defense shall review the
curriculum and program structure of each school established under this
section.''.
(b) Technical Amendment.--Subsection (d)(1) of such section is
amended by striking ``section 112(b) of that title 32'' and inserting
``section 112(b) of title 32''.
SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG
AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 962), is further
amended--
(1) in subsection (a)(1), by striking ``2017'' and inserting
``2019''; and
(2) in subsection (c), by striking ``2017'' and inserting
``2019''.
[[Page 130 STAT. 2386]]
SEC. 1014. <<NOTE: 10 USC 271 note.>> ENHANCEMENT OF INFORMATION
SHARING AND COORDINATION OF MILITARY
TRAINING BETWEEN DEPARTMENT OF HOMELAND
SECURITY AND DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Homeland Security shall ensure
that the information needs of the Department of Homeland Security
relating to civilian law enforcement activities in proximity to the
international borders of the United States are identified and
communicated to the Secretary of Defense for the purposes of the
planning and executing of military training by the Department of
Defense.
(b) Formal Mechanism of Notification.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Secretary of Defense, shall establish a
formal mechanism through which the information needs of the
Department of Homeland Security relating to civilian law
enforcement activities in proximity to the international borders
of the United States are identified and communicated to the
Secretary of Defense for the purposes of the planning and
executing military training by the Department of Defense.
(2) Dissemination to the armed forces.--To the extent
practicable, the Secretary of Defense shall ensure that such
information needs are disseminated to the Armed Forces in a
timely manner so the Armed Forces may take into account the
information needs of civilian law enforcement when planning and
executing training in accordance with section 371 of title 10,
United States Code.
(3) Coordination of training.--To the maximum extent
practicable, the Secretary of Defense shall ensure that the
planning and execution of training described in paragraph (2) is
coordinated with the Department of Homeland Security.
(c) Sharing of Certain Information.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Homeland
Security and the Secretary of Defense shall jointly formulate guidance
to ensure that the information relevant to civilian law enforcement
matters that is collected by the Armed Forces during the normal course
of military training or operations in proximity to the international
borders of the United States is provided promptly to relevant officials
in accordance with section 371 of title 10, United States Code.
(d) Annual Reports.--
(1) Department of defense report.--
(A) In general.--Not later than March 31 of each
year, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on
Homeland Security of the House of Representatives, and
the Committee on Homeland Security and Governmental
Affairs of the Senate a report on any assistance
provided by the Department of Defense to the border
security mission of the Department of Homeland Security
at the international borders of the United States during
the fiscal year preceding the fiscal year during which
the report is submitted.
(B) Elements.--Each report submitted under
subparagraph (A) shall include each of the following:
(i) A description of the military training and
operational activities of each military component
leveraged, pursuant to section 371 of title 10,
United States Code,
[[Page 130 STAT. 2387]]
to support the border security mission of the
Department of Homeland Security at the southern
border of the United States.
(ii) For each activity described in clause
(i), each of the following, identified by
component:
(I) The Department of Homeland
Security information need that was
supported.
(II) The military training or
operational activity leveraged to
provide support.
(III) The duration of the support.
(IV) The cost of the support.
(iii) A description of any Department of
Defense activities provided in response to a
request for assistance from the Department of
Homeland Security.
(iv) For each activity described in clause
(iii)--
(I) The stated rationale of the
Department of Homeland Security for
requesting assistance from the
Department of Defense.
(II) The capability provided by the
Department of Defense.
(III) The duration of the assistance
provided by the capability.
(IV) The statutory authority under
which the assistance was provided.
(V) The cost of the assistance
provided.
(VI) Whether the Department of
Defense was reimbursed by the Department
of Homeland Security for the assistance
provided.
(VII) In the case of assistance for
which the Department of Defense was not
reimbursed, the justification for non-
reimbursement.
(v) A description of any Department of Defense
excess property provided to U. S. Customs and
Border Protection.
(vi) The status of the implementation of this
section.
(vii) A description of any other activity the
Secretary of Defense determines relevant.
(2) Department of homeland security report.--Not later than
March 31 of each year, the Secretary of Homeland Security shall
submit to the congressional defense committees, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on--
(A) any activities of the Department of Homeland
Security to reduce, mitigate, or eliminate the demand
for Department of Defense support at the international
borders of the United States; and
(B) the status of implementation of this section.
(3) Termination.--The requirement to submit a report under
paragraph (1) or (2) shall terminate on January 31, 2020.
[[Page 130 STAT. 2388]]
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO OVERHAUL,
REPAIR, OR MAINTENANCE OF NAVAL VESSELS.
Section 7299a(c)(4) of title 10, United States Code, is amended by
striking ``six months'' and inserting ``10 months''.
SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING CONTRACTS.
(a) Warranty Requirements.--
(1) In general.--Chapter 633 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 7318. <<NOTE: 10 USC 7318.>> Warranty requirements for
shipbuilding contracts
``(a) Requirement.--A contracting officer for a contract for new
construction for which funds are expended from the Shipbuilding and
Conversion, Navy account shall require, as a condition of the contract,
that the work performed under the contract is covered by a warranty for
a period of at least one year.
``(b) Waiver.--If the contracting officer for a contract covered by
the requirement under subsection (a) determines that a limited liability
of warranted work is in the best interest of the Government, the
contracting officer may agree to limit the liability of the work
performed under the contract to a level that the contracting officer
determines is sufficient to protect the interests of the Government and
in keeping with historical levels of warranted work on similar
vessels.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC 7291 prec.>> is amended
by adding at the end the following new item:
``7318. Warranty requirements for shipbuilding contracts.''.
(b) <<NOTE: 10 USC 7318 note.>> Effective Date.--Section 7318 of
title 10, United States Code, as added by subsection (a), shall take
effect on the later of the following dates:
(1) The date of the enactment of the National Defense
Authorization for Fiscal Year 2018.
(2) September 30, 2017.
SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND.
(a) Authority for Multiyear Procurement of Critical Components to
Support Continuous Production of the Common Missile Compartment.--
Section 2218a of title 10, United States Code, is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Authority for Multiyear Procurement of Critical Components to
Support Continuous Production of the Common Missile Compartment.--(1) To
implement the continuous production of the common missile compartment,
the Secretary of the Navy may use funds deposited in the Fund, in
conjunction with funds appropriated for the procurement of other
nuclear-powered vessels, to enter into one or more multiyear contracts
(including
[[Page 130 STAT. 2389]]
economic ordering quantity contracts), for the procurement of critical
contractor-furnished and Government-furnished components for the common
missile compartments of national sea-based deterrence vessels. The
authority under this subsection extends to the procurement of equivalent
critical parts, components, systems, and subsystems common with and
required for other nuclear-powered vessels.
``(2) In each annual budget request submitted to Congress, the
Secretary shall clearly identify funds requested for the common missile
compartment and the individual ships and programs for which such funds
are requested.
``(3) Any contract entered into pursuant to paragraph (1) shall
provide that any obligation of the United States to make a payment under
the contract is subject to the availability of appropriations for that
purpose and that the total liability to the Government for the
termination of the contract shall be limited to the total amount of
funding obligated for the contract as of the date of the termination.''.
(b) Definition of National Sea-based Deterrence Vessel.--Subsection
(k)(2) of such section, as redesignated by subsection (b), is amended--
(1) by striking ``any vessel'' and inserting ``any
submersible vessel constructed or purchased after fiscal year
2016 that is''; and
(2) by inserting ``and'' before ``that carries''.
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA-CLASS CRUISERS OR DOCK
LANDING SHIPS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2017 may be obligated or expended--
(1) to retire, prepare to retire, or inactivate a cruiser or
dock landing ship; or
(2) to place more than six cruisers and one dock landing
ship in the modernization program under section 1026(a)(2) of
the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3490).
Subtitle D--Counterterrorism
SEC. 1031. FREQUENCY OF COUNTERTERRORISM OPERATIONS BRIEFINGS.
(a) In General.--Subsection (a) of section 485 of title 10, United
States Code is amended by striking ``quarterly'' and inserting
``monthly''.
(b) Section Heading.--The section heading for such section is
amended by striking ``Quarterly'' and inserting ``Monthly''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of such title <<NOTE: 10 USC 480 prec.>> is amended by
striking the item relating to section 485 and inserting the following
new item:
``485. Monthly counterterrorism operations briefings.''.
[[Page 130 STAT. 2390]]
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.
No amounts authorized to be appropriated or otherwise made available
for the Department of Defense may be used during the period beginning on
the date of the enactment of this Act and ending on December 31, 2017,
to transfer, release, or assist in the transfer or release to or within
the United States, its territories, or possessions of Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
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.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to the Department of Defense may be used during
the period beginning on the date of the enactment of this Act and ending
on December 31, 2017, to construct or modify any facility in the United
States, its territories, or possessions to house any individual detained
at Guantanamo for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense unless
authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section, the
term ``individual detained at Guantanamo'' has the meaning given that
term in section 1034(f)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S. C. 801
note).
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.
No amounts authorized to be appropriated or otherwise made available
for the Department of Defense may be used during the period beginning on
the date of the enactment of this Act and ending on December 31, 2017,
to transfer, release, or assist in the transfer or release of any
individual detained in the custody or under the control of the
Department of Defense at United States Naval Station, Guantanamo Bay,
Cuba, to the custody or control of any country, or any entity within
such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
[[Page 130 STAT. 2391]]
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF FORCES
AT OR CLOSURE OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made available
for the Department of Defense for fiscal year 2017 may be used--
(1) to close or abandon United States Naval Station,
Guantanamo Bay, Cuba;
(2) to relinquish control of Guantanamo Bay to the Republic
of Cuba; or
(3) to implement a material modification to the Treaty
Between the United States of America and Cuba signed at
Washington, D.C. on May 29, 1934, that constructively closes
United States Naval Station, Guantanamo Bay.
SEC. 1036. CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR SENSITIVE
MILITARY OPERATIONS.
(a) Timing of Notifications.--Subsection (a) of section 130f of
title 10, United States Code, is amended in the first sentence, by
inserting ``no later than 48 hours'' before ``following such
operation''.
(b) Procedures.--Subsection (b) of such section is amended--
(1) In paragraph (1), by adding at the end the following new
sentence: ``The Secretary shall promptly notify the
congressional defense committees in writing of any changes to
such procedures at least 14 days prior to the adoption of any
such changes''; and
(2) by adding at the end the following new paragraph:
``(3) In the event of an unauthorized disclosure of a sensitive
military operation covered by this section, the Secretary shall ensure,
to the maximum extent practicable, that the congressional defense
committees are notified immediately of the sensitive military operation
concerned. The notification under this paragraph may be verbal or
written, but in the event of a verbal notification a written
notification shall be provided by not later than 48 hours after the
provision of the verbal notification.''.
(c) Briefing Requirements.--Such section is further amended--
(1) in subsection (a), by striking the second sentence; and
(2) in subsection (c), by inserting before the period at the
end the following: ``, including Department of Defense support
to such operations conducted under the National Security Act of
1947 (50 U.S.C. 3001 et seq.)''.
(d) Definition of Sensitive Military Operation.--Subsection (d) of
such section is amended by striking ``means'' and all that follows and
inserting ``means the following:''
``(1) A lethal operation or capture operation--
``(A) conducted by the armed forces outside a
declared theater of active armed conflict; or
``(B) conducted by a foreign partner in coordination
with the armed forces that targets a specific individual
or individuals.
``(2) An operation conducted by the armed forces outside a
declared theater of active armed conflict in self-defense or in
defense of foreign partners, including during a cooperative
operation.''.
[[Page 130 STAT. 2392]]
(e) Repeal of Exception to Notification Requirement.--Such section
is further amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(f) Conforming Amendments.--
(1) Section heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 130f. Notification requirements for sensitive military
operations''.
(2) Table of sections amendment.--The table of sections at
the beginning of chapter 3 of such title <<NOTE: 10 USC 121
prec.>> is amended by striking the item relating to section 130f
and inserting the following new item:
``130f. 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.
(a) Transportation of Allied and Civilian Personnel and Cargo.--
Subsection (c) of section 2649 of title 10, United States Code, is
amended--
(1) in the subsection heading, by striking ``Personnel'' and
inserting ``and Civilian Personnel and Cargo'';
(2) by striking ``Until January 6, 2016, when'' and
inserting ``When''; and
(3) by striking ``allied forces or civilians'', and
inserting ``allied and civilian personnel and cargo''.
(b) Commercial Insurance.--Such section is further amended by adding
at the end the following new subsection:
``(d) Commercial Insurance.--The Secretary may enter into a contract
or other arrangement with one or more commercial providers to make
insurance products available to non-Department of Defense shippers using
the Defense Transportation System to insure against the loss or damage
of the shipper's cargo. Any such contract or arrangement shall provide
that--
``(1) any insurance premium is collected by the commercial
provider;
``(2) any claim for loss or damage is processed and paid by
the commercial provider;
``(3) the commercial provider agrees to hold the United
States harmless and waive any recourse against the United States
for amounts paid to an insured as a result of a claim; and
``(4) the contract between the commercial provider and the
insured shall contain a provision whereby the insured waives any
claim against the United States for loss or damage that is
within the scope of enumerated risks covered by the insurance
product.''.
(c) Conforming Cross-reference Amendments.--Subsection (b) of such
section is amended by striking ``this section'' both places it appears
and inserting ``subsection (a)''.
[[Page 130 STAT. 2393]]
SEC. 1042. REDUCTION IN MINIMUM NUMBER OF NAVY CARRIER AIR WINGS
AND CARRIER AIR WING HEADQUARTERS
REQUIRED TO BE MAINTAINED.
(a) Codification and Reduction.--Section 5062 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e) The Secretary of the Navy shall ensure that--
``(1) the Navy maintains a minimum of 9 carrier air wings
until the earlier of--
``(A) the date on which additional operationally
deployable aircraft carriers can fully support a 10th
carrier air wing; or
``(B) October 1, 2025;
``(2) after the earlier of the two dates referred to in
subparagraphs (A) and (B) of paragraph (1), the Navy maintains a
minimum of 10 carrier air wings; and
``(3) for each such carrier air wing, the Navy maintains a
dedicated and fully staffed headquarters.''.
(b) Repeal of Superseded Requirement.--Section 1093 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1606; 10 U.S.C. 5062 note) is repealed.
SEC. 1043. MODIFICATION TO SUPPORT FOR NON-FEDERAL DEVELOPMENT AND
TESTING OF MATERIAL FOR CHEMICAL AGENT
DEFENSE.
Section 1034 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181) <<NOTE: 10 USC 372 note.>> is amended--
(1) in subsection (d)--
(A) by striking ``report on the use of the authority
under subsection (a)'' and all that follows and
inserting ``report that includes--''
``(A) a description of--
``(i) each use of the authority under
subsection (a); and
``(ii) for each such use, the specific
material made available and to whom it was made
available; and
``(B) a description of--
``(i) any instance in which the Department of
Defense made available to a State, a unit of local
government, or a private entity any biological
select agent or toxin for the development or
testing of any biodefense technology; and
``(ii) for each such instance, the specific
material made available and to whom it was made
available.''; and
(B) by adding at the end the following new
paragraph:
``(3) The requirement to submit a report under paragraph (1)
shall terminate on January 31, 2021.''; and
(2) in subsection (e), by striking ``this section'' and all
that follows and inserting ``this section:''
``(1) The terms `precursor', `protective purposes', and
`toxic chemical' have the meanings given those terms in the
convention referred to in subsection (c), in paragraph 2,
paragraph 9(b), and paragraph 1, respectively, of article II of
that convention.
``(2) The term `biological select agent or toxin' means any
agent or toxin identified under any of the following:
[[Page 130 STAT. 2394]]
``(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.
``(C) Section 73.3 or section 73.4 of title 42, Code
of Federal Regulations.''.
SEC. 1044. PROTECTION OF CERTAIN FEDERAL SPECTRUM OPERATIONS.
Section 1004 of the Bipartisan Budget Act of 2015 (Public Law 114-
74; 47 U.S.C. 921 note) is amended by adding at the end the following:
``(d) Protection of Certain Federal Spectrum Operations.--If the
report required by subsection (a) determines that reallocation and
auction of the spectrum described in the report would harm national
security by impacting existing terrestrial Federal spectrum operations
at the Nevada Test and Training Range, the Commission, in coordination
with the Secretary shall, prior to the auction described in subsection
(c)(1)(B), establish rules for licensees in such spectrum sufficient to
mitigate harmful interference to such operations.
``(e) Rule of Construction.--Nothing in this section shall be
construed to affect any requirement under section 1062(b) of the
National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 921
note; Public Law 106-65).''.
SEC. 1045. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY
MARITIME MINE COUNTERMEASURES PLATFORMS.
(a) Prohibitions.--Except as provided under subsection (b), none of
the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the Navy may be obligated or expended
to--
(1) retire, prepare to retire, transfer, or place in storage
any AVENGER-class mine countermeasures ship or associated
equipment;
(2) retire, prepare to retire, transfer, or place in storage
any SEA DRAGON (MH-53) helicopter or associated equipment;
(3) make any reductions to manning levels with respect to
any AVENGER-class mine countermeasures ship; or
(4) make any reductions to manning levels with respect to
any SEA DRAGON (MH-53) helicopter squadron or detachment.
(b) Waiver.--The Secretary of the Navy may waive the limitations
under subsection (a) if the Secretary certifies to the congressional
defense committees that the Secretary has--
(1) identified a replacement capability and the necessary
quantity of such systems to meet all combatant commander mine
countermeasures operational requirements that are currently
being met by the AVENGER-class ships and SEA DRAGON helicopters
to be retired, transferred, or placed in storage;
(2) achieved initial operational capability of all systems
described in paragraph (1); and
(3) deployed a sufficient quantity of systems described in
paragraph (1) that have achieved initial operational capability
to continue to meet or exceed all combatant commander mine
[[Page 130 STAT. 2395]]
countermeasures operational requirements currently being met by
the AVENGER-class ships and SEA DRAGON helicopters.
SEC. 1046. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION
TO ISSUE NON-PREMIUM AVIATION INSURANCE.
Section 44310(b) of title 49, United States Code, is amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019''.
SEC. 1047. EVALUATION OF NAVY ALTERNATE COMBINATION COVER AND
UNISEX COMBINATION COVER.
(a) Mandatory Possession or Wear Date.--The Secretary of the Navy
shall change the mandatory possession or wear date of the alternate
combination cover or the unisex combination cover from October 31, 2016,
to October 31, 2018.
(b) Evaluation and Report.--Not later than February 1, 2017, the
Secretary of the Navy shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the evaluation of
the Navy female service dress uniforms based on surveying a
representative group of female officer and enlisted service members.
Such evaluation shall include each of the following:
(1) An identification of the operational need addressed by
the alternate combination cover or the unisex combination cover.
(2) An assessment of the individual cost of service dress
uniform items to members of the Armed Forces as a percentage of
their monthly pay.
(3) The composition of each uniform item's wear test group.
(4) An identification of the costs to the Navy and to
individual members of the Armed Forces for uniform changes
identified in the Navy administrative message 236/15 dated
October 9, 2015.
(5) The opinions of a representative group of female officer
and enlisted service members of the Navy active and reserve
components.
(6) Any other rationale the Secretary determines
appropriate.
SEC. 1048. INDEPENDENT EVALUATION OF DEPARTMENT OF DEFENSE EXCESS
PROPERTY PROGRAM.
(a) In General.--The Secretary of Defense shall enter into an
agreement with a federally funded research and development center, or
another appropriate independent entity, with relevant expertise to
conduct an evaluation of the Department of Defense excess property
program under section 2576a of title 10, United States Code. Not later
than 180 days after the date of the enactment of this Act, the Secretary
shall submit such evaluation to the congressional defense committees.
(b) Elements of Evaluation.--The evaluation required under paragraph
(1) shall include each of the following:
(1) A review of the current listing of ``authorized'',
``controlled'', and ``prohibited'' items as defined by Executive
Order 13688 and by Department of Defense policy, guidance, and
instruction, as well as why each item is currently assigned to
each category.
(2) A review of the preferences and any associated
prioritization provided to Federal, State, and local law
enforcement agency requests for excess equipment to be used in
border
[[Page 130 STAT. 2396]]
security, counterdrug, and counterterrorism activities, pursuant
to section 2576a(a)(1)(A) of title 10 United States Code,
including the overall numbers and percentages of equipment
provided and used under these preferential categories.
(3) Whether the Department of Defense has bought a type of
equipment and declared as excess the same type of equipment
during the same year, and if so, how much such equipment.
(4) The type of information being collected by State
coordinators and the Defense Logistics Agency when a request for
equipment is made, and whether or not that information is
sufficient to demonstrate a need for the equipment requested by
the law enforcement agency making the request.
(5) The extent to which State coordinators and the Defense
Logistics Agency deny requests for equipment and the reasons for
such denials.
(6) The extent to which law enforcement agencies have been
suspended from participating in the program and the reasons for
such suspensions.
(7) Any other matters the Secretary determines appropriate.
SEC. 1049. <<NOTE: 6 USC 221 note.>> WAIVER OF CERTAIN POLYGRAPH
EXAMINATION REQUIREMENTS.
The Secretary of Homeland Security, acting through the Commissioner
of U.S. Customs and Border Protection, may waive the polygraph
examination requirement under section 3 of the Anti-Border Corruption
Act of 2010 (Public Law 111-376) for any applicant who--
(1) the Commissioner determines is suitable for employment;
(2) holds a current, active Top Secret clearance and is able
to access sensitive compartmented information;
(3) has a current single scope background investigation;
(4) was not granted any waivers to obtain the clearance; and
(5) is a veteran (as such term is defined in section 2108 or
2109a of title 5, United States Code).
SEC. 1050. <<NOTE: 10 USC 113 note.>> USE OF TRANSPORTATION
WORKER IDENTIFICATION CREDENTIAL TO GAIN
ACCESS AT DEPARTMENT OF DEFENSE
INSTALLATIONS.
(a) Access to Installations for Credentialed Transportation
Workers.--During the period that the Secretary is developing and
fielding physical access standards, capabilities, processes, and
electronic access control systems, the Secretary shall, to the maximum
extent practicable, ensure that the Transportation Worker Identification
Credential (TWIC) shall be accepted as a valid credential for unescorted
access to Department of Defense installations by transportation workers.
(b) Credentialed Transportation Workers With Secret Clearance.--
TWIC-carrying transportation workers who also have a current Secret
Level Clearance issued by the Department of Defense shall be considered
exempt from further vetting when seeking unescorted access at Department
of Defense facilities. Access security personnel shall verify such
person's security clearance in a timely manner and provide them with
unescorted access to complete their freight service.
[[Page 130 STAT. 2397]]
SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
CERTAIN LANDMINES AND BRIEFING ON
DEVELOPMENT OF REPLACEMENT ANTI-
PERSONNEL LANDMINE 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 anti-personnel landmine
munitions before the date on which the Secretary of Defense submits the
report required by section 1058(c) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 986).
(b) Exception for Safety.--Subsection (a) shall not apply to any
anti-personnel landmine munitions that the Secretary determines are
unsafe or could pose a safety risk if not demilitarized or destroyed.
(c) Briefing Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the current state of research and development into operational
alternatives to anti-personnel landmine munitions.
(2) Form of briefing.--The briefing required by paragraph
(1) may contain classified information.
(d) Anti-personnel Landmine Munitions Defined.--In this section, the
term ``anti-personnel landmine munitions'' includes anti-personnel
landmines and sub-munitions as defined by the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction, as determined by the
Secretary.
SEC. 1052. <<NOTE: 10 USC 8062 note.>> TRANSITION OF AIR FORCE TO
OPERATION OF REMOTELY PILOTED AIRCRAFT
BY ENLISTED PERSONNEL.
(a) Transition Required.--The Secretary of the Air Force shall
transition the Air Force to an organizational model for all Air Force
remotely piloted aircraft that uses a significant number of enlisted
personnel as operators of such aircraft rather than officers only.
(b) Deadlines.--
(1) Regular component.--For the regular component of the Air
Force, the transition required by subsection (a) shall be
completed not later than September 30, 2020.
(2) Reserve components.--For the Air Force Reserve and Air
National Guard, the transition required by subsection (a) shall
be completed not later than September 30, 2023.
(c) Transition Matters.--The transition required by subsection (a)
shall account for the following:
(1) Training infrastructure for enlisted personnel operating
Air Force remotely piloted aircraft.
(2) Supervisory roles for officers and senior enlisted
personnel for enlisted personnel operating Air Force remotely
piloted aircraft.
(d) Reports.--
(1) Initial report.--Not later than March 1, 2017, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report that sets forth a detailed description of the
[[Page 130 STAT. 2398]]
plan for the transition required by subsection (a), including
the following:
(A) The objectives of the transition.
(B) The timeline of the transition.
(C) The resources required to implement the
transition.
(D) Recommendations for any legislation action
required to implement the transition.
(E) The assumptions used to complete the transition.
(F) Risks associated with implementing the
transition.
(2) Reports on progress of implementation.--Not later than
March 1, 2018, and each March 1 thereafter until the transition
required by subsection (a) is completed, the Secretary shall
submit to the committees referred to in paragraph (1) a report
on the progress of the Air Force in implementing the plan
required under that paragraph and in achieving the transition
required by subsection (a).
SEC. 1053. PROHIBITION ON DIVESTMENT OF MARINE CORPS SEARCH AND
RESCUE UNITS.
None of the amounts authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the Navy or the Marine
Corps may be obligated or expended--
(1) to retire, prepare to retire, transfer, or place in
storage any Marine Corps Search and Rescue Unit (SRU) aircraft;
or
(2) to make any change or revision to manning levels with
respect to any Marine Corps Search and Rescue Unit squadron.
SEC. 1054. <<NOTE: 50 USC 3524.>> SUPPORT FOR THE ASSOCIATE
DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY FOR MILITARY AFFAIRS.
(a) Selection of Associate Director.--The Associate Director of the
Central Intelligence Agency for Military Affairs shall be selected by
the Secretary of Defense, with the concurrence of the Director of the
Central Intelligence Agency, from among commissioned officers of the
Armed Forces who are general or flag officers.
(b) Support for Activities.--
(1) In general.--In order to improve the provision of
support to, and the receipt of support from, the Central
Intelligence Agency, and to improve deconfliction of the
activities of the Central Intelligence Agency and the Department
of Defense, the Secretary of Defense and the Under Secretary of
Defense for Intelligence shall ensure that the Associate
Director of the Central Intelligence Agency for Military Affairs
has access to, and support from, offices, agencies, and programs
of the Department necessary for the purposes of the Associate
Director as follows:
(A) To facilitate and coordinate Department of
Defense support for the Central Intelligence Agency
requested by the Director of the Central Intelligence
Agency and approved by the Secretary, including
oversight of Department of Defense military and civilian
personnel detailed or assigned to the Central
Intelligence Agency.
(B) To prioritize, communicate, and coordinate
Department of Defense requests for, and the provision of
support to, the Department of Defense from the Central
Intelligence Agency, including support requested by and
provided to
[[Page 130 STAT. 2399]]
the commanders of the combatant commands and subordinate
task forces and commands.
(2) Policies.--The Under Secretary shall develop and
supervise the implementation of policies to integrate and
communicate Department of Defense requirements and requests for
support from the Central Intelligence Agency that are
coordinated by the Associate Director pursuant to paragraph
(1)(B).
SEC. 1055. <<NOTE: 10 USC 113 note.>> NOTIFICATION ON THE
PROVISION OF DEFENSE SENSITIVE SUPPORT.
(a) Limitation.--The Secretary of Defense may provide defense
sensitive support to a non-Department of Defense Federal department or
agency only after the Secretary has determined that such support--
(1) is consistent with the mission and functions of the
Department of Defense; and
(2) does--
(A) not significantly interfere with the mission or
functions of the Department; or
(B) interfere with the mission and functions of the
Department of Defense but such support is in the
national security interest of the United States.
(b) Notice Required.--
(1) In general.--Except as provided in paragraph (3), before
providing defense sensitive support to a non-Department of
Defense Federal department or agency, the Secretary of Defense
shall notify the congressional defense committees, and, when the
part of the Department of Defense providing the sensitive
support is a member of the intelligence community, the
congressional intelligence committees of the Secretary's intent
to provide such support.
(2) Contents.--Notice provided under paragraph (1) shall
include the following:
(A) A description of the support to be provided.
(B) A description of how the support is consistent
with the mission and functions of the Department.
(C) A description of how the support--
(i) does not significantly interfere with the
mission or functions of the Department; or
(ii) significantly interferes with the mission
or functions of the Department but is in the
national security interest of the United States.
(3) Time sensitive support.--In the event that the provision
of defense sensitive support is time-sensitive, the Secretary--
(A) may provide notification under paragraph (1)
after providing the support; and
(B) shall provide such notice as soon as practicable
after providing such support, but not later than 48
hours after providing the support.
(c) Defense Sensitive Support Defined.--In this section, the term
``defense sensitive support'' means support provided by the Department
of Defense to a non-Department of Defense Federal department or agency
that requires special protection from disclosure.
[[Page 130 STAT. 2400]]
SEC. 1056. <<NOTE: 10 USC 948a note.>> PROHIBITION ON ENFORCEMENT
OF MILITARY COMMISSION RULINGS
PREVENTING MEMBERS OF THE ARMED FORCES
FROM CARRYING OUT OTHERWISE LAWFUL
DUTIES BASED ON MEMBER SEX.
(a) Prohibition.--No order, ruling, finding, or other determination
of a military commission may be construed or implemented to prohibit or
restrict a member of the Armed Forces from carrying out duties otherwise
lawfully assigned to such member to the extent that the basis for such
prohibition or restriction is the sex of such member.
(b) Applicability to Prior Orders, etc..--The prohibition or
restriction described in subsection (a) shall, upon motion, apply to any
order, ruling, finding, or other determination described in that
subsection that was issued before the date of the enactment of this Act
in a military commission and is still effective as of the date of such
motion.
(c) Military Commission Defined.--In this section, the term
``military commission'' means a military commission established under
chapter 47A of title 10, United States Code, and any military commission
otherwise established or convened by law.
Subtitle F--Studies and Reports
SEC. 1061. <<NOTE: 10 USC 111 note.>> TEMPORARY CONTINUATION OF
CERTAIN DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS.
(a) Exceptions to Reports Termination Provision.--Section 1080 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to any report
required to be submitted to Congress by the Department of Defense, or by
any officer, official, component, or element of the Department, pursuant
to a provision of law specified in this section, notwithstanding the
enactment of the reporting requirement by an annual national defense
authorization Act or the inclusion of the report in the list of reports
prepared by the Secretary of Defense pursuant to subsection (c) of such
section 1080.
(b) Final Termination Date for Submittal of Exempted Reports.--
(1) In general.--Except as provided in paragraph (2), each
report required pursuant to a provision of law specified in this
section that is still required to be submitted to Congress as of
December 31, 2021, shall no longer be required to be submitted
to Congress after that date.
(2) Reports exempted from termination.--The termination
dates specified in paragraph (1) and section 1080 of the
National Defense Authorization Act for Fiscal Year 2016 do not
apply to the following:
(A) The submission of the reports on the National
Military Strategy and Risk Assessment under section
153(b)(3) of title 10, United States Code.
(B) The submission of the future-years defense
program (including associated annexes) under section 221
of title 10, United States Code.
(C) The submission of the future-years mission
budget for the military programs of the Department of
Defense under section 221 of such title.
[[Page 130 STAT. 2401]]
(D) The submission of audits of contracting
compliance by the Inspector General of the Department of
Defense under section 1601(b) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 10 U.S.C. 2533a note).
(c) Reports Required by Title 10, United States Code.--Subject to
subsection (b), subsection (a) applies to reporting requirements
contained in the following sections of title 10, United States Code:
(1) Section 113(i).
(2) Section 117(e).
(3) 118a(d).
(4) Section 119(a) and (b).
(5) Section 127b(f).
(6) Section 139(h).
(7) Section 139b(d).
(8) Sections 153(c).
(9) Section 171a(e) and (g)(2).
(10) Section 179(f).
(11) Section 196(d)(1), (d)(4), and (e)(3).
(12) Section 223a(a).
(13) Section 225(c)
(14) Section 229.
(15) Section 231.
(16) Section 231a.
(17) Section 238.
(18) Section 341(f) of title 10, United States Code, as
amended by section 1246 of this Act.
(19) Section 401(d).
(20) Section 407(d).
(21) Section 481a(c).
(22) Section 482(a).
(23) Section 488(c).
(24) Section 494(b).
(25) Section 526(j).
(26) Section 946(c) (Article 146 of the Uniform Code of
Military Justice).
(27) Section 981(c).
(28) Section 1116(d).
(29) Section 1566(c)(3).
(30) Section 1557(e).
(31) Section 1781a(e).
(32) Section 1781c(h).
(33) Section 2011(e).
(34) Section 2166(i).
(35) Section 2218(h).
(36) Section 2228(e).
(37) Section 2229(d).
(38) Section 2229a.
(39) Section 2249c(c).
(40) Section 2275.
(41) Section 2276(e).
(42) Section 2367(d).
(43) Section 2399(g).
(44) Section 2445b.
(45) Section 2464(d).
(46) Section 2466(d).
[[Page 130 STAT. 2402]]
(47) Section 2504.
(48) Section 2561(c).
(49) Section 2684a(g).
(50) Section 2687a.
(51) Section 2711.
(52) Sections 2884(b) and (c).
(53) Section 2911(a) and (b)(3).
(54) Section 2925.
(55) Section 2926(c)(4).
(56) Section 4361(d)(4)(B).
(57) Section 4721(e).
(58) Section 6980(d)(4)(B).
(59) Section 7310(c).
(60) Section 9361(d)(4)(B).
(61) Section 10216(c).
(62) Section 10541.
(63) Section 10543.
(d) Reports Required by National Defense Authorization Act for
Fiscal Year 2015.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291):
(1) Section 546(d) (10 U.S.C. 1561 note).
(2) Section 1003 (10 U.S.C. 221 note).
(3) Section 1026(d) (128 Stat. 3490).
(4) Section 1055 (128 Stat. 3498).
(5) Section 1204(b) (10 U.S.C. 2249e note).
(6) Section 1205(e) (128 Stat. 3537).
(7) Section 1206(e) (10 U.S.C. 2282 note).
(8) Section 1211 (128 Stat. 3544).
(9) Section 1225 (128 Stat. 3550).
(10) Section 1235 (128 Stat. 3558).
(11) Section 1245 (128 Stat. 3566).
(12) Section 1253(b) (22 U.S.C. 2151 note).
(13) Section 1275(b) (128 Stat. 3591).
(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743).
(15) Section 1650 (128 Stat. 3653).
(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; 10
U.S.C. 2431 note).
(17) Section 2821(a)(3) (10 U.S.C. 2687 note).
(e) Reports Required by National Defense Authorization Act for
Fiscal Year 2014.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66):
(1) Section 704(e) (10 U.S.C. 1074 note).
(2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 note).
(3) Section 904(d)(2) (10 U.S.C. 111 note).
(4) Section 1205(f)(3) (32 U.S.C. 107 note).
(f) Reports Required by National Defense Authorization Act for
Fiscal Year 2013.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239):
(1) Section 524(c)(2) (10 U.S.C. 1222 note).
(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note).
[[Page 130 STAT. 2403]]
(3) Section 1009 (126 Stat. 1906).
(4) Section 1023 (126 Stat. 1911).
(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101
note).
(g) Reports Required by National Defense Authorization Act for
Fiscal Year 2011.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383):
(1) Section 123 (10 U.S.C. 167 note).
(2) Section 1216(c) (124 Stat. 4392).
(3) Section 1217(i) (22 U.S.C. 7513 note).
(4) Section 1631(d) (10 U.S.C. 1561 note).
(h) Reports Required by National Defense Authorization Act for
Fiscal Year 2010.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84):
(1) Section 711(d) (10 U.S.C. 1071 note).
(2) Section 1003(b) (10 U.S.C. 2222 note).
(3) Section 1244(d) (22 U.S.C. 1928 note).
(4) Section 1245 (123 Stat. 2542).
(5) Section 1806 (10 U.S.C. 948a note).
(i) Reports Required by Other Laws.--Subject to subsection (b),
subsection (a) applies to reporting requirements contained in the
following provisions of law:
(1) Sections 1412(i) and (j) of the National Defense
Authorization Act, 1986 (50 U.S.C. 1521), as amended by section
1421 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383).
(2) Section 1703 of the National Defense Authorization Act
for Fiscal Year 1994 (50 U.S.C. 1523).
(3) Section 717(c) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 1073 note).
(4) Section 234 of the National Defense Authorization Act
for Fiscal Year 1998 (50 U.S.C. 2367).
(5) Section 1309(c) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 113
note).
(6) Section 1237(b)(2) of the National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701
note).
(7) Section 1202 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note).
(8) Section 232(h)(2) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2431
note).
(9) Section 366(a)(5) and (c)(2) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 10 U.S.C. 113 note).
(10) Section 1208(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2086).
(11) Section 1208(d) of the National Defense Authorization
Act for 2006 (Public Law 109-163; 119 Stat. 3459).
[[Page 130 STAT. 2404]]
(12) Section 1405(d) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 801
note).
(13) Section 122(f)(1) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2104).
(14) Section 721 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2294).
(15) Section 1017(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2631 note).
(16) Section 1517(f) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2443).
(17) Section 911(f)(2) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2271
note).
(18) Section 1034(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 309).
(19) Section 1107(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 358).
(20) Section 1233(f) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393).
(21) Section 1234(e) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394).
(22) Section 219(c) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2358 note).
(23) Section 533(i) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2010 (Public Law 110-417).
(24) Section 1047(d)(2) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2010 (Public Law 110-
417; 10 U.S.C. 2366b note).
(25) Section 1201(b)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1619).
(26) Section 1236 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1641).
(27) Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c-
1(b)(3)).
(28) Section 1511(h) of the Armed Forces Retirement Home Act
of 1991 (24 U.S.C. 411(h)).
(29) Section 901(f) of the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469; 32
U.S.C. 112 note), as added by section 1008 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239).
(30) Section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-5).
(31) Section 105A(b) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20308(b)), as added by section
586 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84).
(32) Section 112(f) of title 32, United States Code.
(33) Section 310b(i)(2) of title 37, United States Code.
[[Page 130 STAT. 2405]]
(j) Conforming Amendment.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) is amended--
(1) by striking ``on the date that is two years after the
date of the enactment of this Act'' and inserting ``November 25,
2017''; and
(2) by striking ``effective''.
(k) Report to Congress.--Not later than February 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes each of the following:
(1) A list of all reports that are required to be submitted
to Congress as of the date of the enactment of this Act that
will no longer be required to be submitted to Congress as of
November 25, 2017.
(2) For each such report, a citation to the provision of law
under which the report is or was required to be submitted.
SEC. 1062. REPORTS ON PROGRAMS MANAGED UNDER ALTERNATIVE
COMPENSATORY CONTROL MEASURES IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 119a. <<NOTE: 10 USC 119a.>> Programs managed under
alternative compensatory control measures:
congressional oversight
``(a) Annual Report on Current Programs Under AACMS.--
``(1) In general.--Not later than March 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the programs being managed under
alternative compensatory control measures in the Department of
Defense.
``(2) Elements.--Each report under paragraph (1) shall set
forth the following:
``(A) The total amount requested for programs being
managed under alternative compensatory control measures
in the Department in the budget of the President under
section 1105 of title 31 for the fiscal year beginning
in the fiscal year in which such report is submitted.
``(B) For each program in that budget that is a
program being managed under alternative compensatory
control measures in the Department--
``(i) a brief description of the program;
``(ii) a brief discussion of the major
milestones established for the program;
``(iii) the actual cost of the program for
each fiscal year during which the program has been
conducted before the fiscal year during which that
budget is submitted; and
``(iv) the estimated total cost of the program
and the estimated cost of the program for--
``(I) the current fiscal year;
``(II) the fiscal year for which
that budget is submitted; and
``(III) each of the four succeeding
fiscal years during which the program is
expected to be conducted.
[[Page 130 STAT. 2406]]
``(3) Elements on programs covered by multiyear budgeting.--
In the case of a report under paragraph (1) submitted in a year
during which the budget of the President for the fiscal year
concerned does not, because of multiyear budgeting for the
Department, include a full budget request for the Department,
the report required by paragraph (1) shall set forth--
``(A) the total amount already appropriated for the
next fiscal year for programs being managed under
alternative compensatory control measures in the
Department, and any additional amount requested in that
budget for such programs for such fiscal year; and
``(B) for each program that is a program being
managed under alternative compensatory control measures
in the Department, the information specified in
paragraph (2)(B).
``(b) Annual Report on New Programs Under AACMS.--
``(1) In general.--Not later than February 1 each year, the
Secretary shall submit to the congressional defense committees a
report that, with respect to each new program being managed
under alternative compensatory control measures in the
Department, provides--
``(A) notice of the designation of the program as a
program being managed under alternative compensatory
control measures in the Department; and
``(B) a justification for such designation.
``(2) Additional elements.--A report under paragraph (1)
with respect to a program shall include--
``(A) the current estimate of the total program cost
for the program; and
``(B) an identification of existing programs or
technologies that are similar to the technology, or that
have a mission similar to the mission, of the program
that is the subject of the report.
``(3) New program being managed under alternative
compensatory control measures defined.--In this subsection, the
term `new program being managed under alternative compensatory
control measures' means a program in the Department that has not
previously been covered by a report under this subsection.
``(c) Report on Change in Classification or Declassification of
Programs.--
``(1) In general.--Whenever a change in the classification
of a program being managed under alternative compensatory
control measures in the Department is planned to be made, or
whenever classified information concerning a program being
managed under alternative compensatory control measures in the
Department is to be declassified and made public, the Secretary
shall submit to the congressional defense committees a report
containing a description of the proposed change, the reasons for
the proposed change, and notice of any public announcement
planned to be made with respect to the proposed change.
``(2) Deadline for report.--Except as provided in paragraph
(3), a report required by paragraph (1) shall be submitted not
less than 14 days before the date on which the proposed change
or public announcement concerned is to occur.
[[Page 130 STAT. 2407]]
``(3) Exception.--If the Secretary determines that because
of exceptional circumstances the requirement in paragraph (2)
cannot be met with respect to a proposed change or public
announcement concerning a program covered by paragraph (1), the
Secretary may submit the report required by that paragraph
regarding the proposed change or public announcement at any time
before the proposed change or public announcement is made, and
shall include in the report an explanation of the exceptional
circumstances.
``(d) Modification of Criteria or Policy for Designating Programs
Under Accms.--Whenever there is a modification or termination of the
policy or criteria used for designating a program as a program being
managed under alternative compensatory control measures in the
Department, the Secretary shall promptly notify the congressional
defense committees of such modification or termination. Any such
notification shall contain the reasons for the modification or
termination and, in the case of a modification, the provisions of the
policy or criteria as modified.
``(e) Waiver.--
``(1) In general.--The Secretary may waive any requirement
in subsection (a), (b), or (c) that certain information be
included in a report under such subsection if the Secretary
determines that inclusion of that information in the report
would adversely affect the national security. Any such waiver
shall be made on a case-by-case basis.
``(2) Notice to congress.--If the Secretary exercises the
authority in paragraph (1), the Secretary shall provide the
information described in the applicable subsection with respect
to the program concerned, and the justification for the waiver,
jointly to the chairman and ranking minority member of each of
the congressional defense committees.
``(f) Limitation on Initiation of Programs Under Accms.--
``(1) Notice and wait.--Except as provided in paragraph (2),
a program to be managed under alternative compensatory control
measures in the Department may not be initiated until--
``(A) the congressional defense committees are
notified of the program; and
``(B) a period of 30 days elapses after such
notification is received.
``(2) Exception.--If the Secretary determines that waiting
for the regular notification process before initiating a program
as described in paragraph (1) would cause exceptionally grave
damage to the national security, the Secretary may begin a
program to be managed under alternative compensatory control
measures in the Department before such waiting period elapses.
The Secretary shall notify the congressional defense committees
within 10 days of initiating a program under this paragraph,
including a justification for the determination of the Secretary
that waiting for the regular notification process would cause
exceptionally grave damage to the national security.''.
[[Page 130 STAT. 2408]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 2 of such title <<NOTE: 10 USC 111 prec.>> is amended by adding
at the end the following new item:
``119a. Programs managed under alternative compensatory control
measures: congressional oversight.''.
SEC. 1063. MATTERS FOR INCLUSION IN REPORT ON DESIGNATION OF
COUNTRIES FOR WHICH REWARDS MAY BE PAID
UNDER DEPARTMENT OF DEFENSE REWARDS
PROGRAM.
Section 127b(h) of title 10, United States Code, is amended--
(1) in paragraph (2), by inserting ``and justification''
after ``reason''; and
(2) by amending paragraph (3) to read as follows:
``(3) An estimate of the amount or value of the rewards to
be paid as monetary payment or payment-in-kind under this
section.''.
SEC. 1064. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE ARMED
FORCES AND THE COMBATANT COMMANDS AND
ANNUAL REPORT ON COMBATANT COMMAND
REQUIREMENTS.
(a) Annual Reports Required.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222 the following new
section:
``Sec. 222a. <<NOTE: 10 USC 222a.>> Unfunded priorities of the
armed forces and combatant commands: annual
report
``(a) Annual Report.--Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105 of title 31, each officer specified in
subsection (b) shall submit to the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff, and to the congressional defense
committees, a report on the unfunded priorities of the armed force or
forces or combatant command under the jurisdiction or command of such
officer.
``(b) Officers.--The officers specified in this subsection are the
following:
``(1) The Chief of Staff of the Army.
``(2) The Chief of Naval Operations.
``(3) The Chief of Staff of the Air Force.
``(4) The Commandant of the Marine Corps.
``(5) The commanders of the combatant commands established
under section 161 of this title.
``(c) Elements.--
``(1) In general.--Each report under this subsection shall
specify, for each unfunded priority covered by such report, the
following:
``(A) A summary description of such priority,
including the objectives to be achieved if such priority
is funded (whether in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such
priority, including the following (as applicable):
``(i) Line Item Number (LIN) for applicable
procurement accounts.
[[Page 130 STAT. 2409]]
``(ii) Program Element (PE) number for
applicable research, development, test, and
evaluation accounts.
``(iii) Sub-activity group (SAG) for
applicable operation and maintenance accounts.
``(2) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report in order
of urgency of priority.
``(d) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105 of
title 31;
``(2) is necessary to fulfill a requirement associated with
an operational or contingency plan of a combatant command or
other validated requirement; and
``(3) would have been recommended for funding through the
budget referred to in paragraph (1) by the officer submitting
the report required by subsection (a) in connection with the
budget if--
``(A) additional resources been available for the
budget to fund the program, activity, or mission
requirement; or
``(B) the program, activity, or mission requirement
has emerged since the budget was formulated.''.
(2) <<NOTE: 10 USC 221 prec.>> Clerical amendment.--The
table of sections at the beginning of chapter 9 of such title is
amended by inserting after the item relating to section 222 the
following new item:
``222a. Unfunded priorities of the armed forces and combatant commands:
annual report.''.
(b) Repeal of Superseded Provision.--Section 1003 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 113-239; 126
Stat. 1903) is repealed.
(c) Submittal of Annual Report on Combatant Command Requirements.--
Section 153(c)(1) of title 10, United States Code, is amended by
striking ``At or about the time that the budget is submitted to Congress
for a fiscal year under section 1105(a) of title 31'' and inserting
``Not later than 25 days after the date on which the budget of the
President for a fiscal year is submitted to Congress pursuant to section
1105(a) of title 31''.
SEC. 1065. MANAGEMENT AND REVIEWS OF ELECTROMAGNETIC SPECTRUM.
(a) Management and Reviews.--
(1) In general.--Section 488 of title 10, United States
Code, is amended to read as follows:
``Sec. 488. Management and review of electromagnetic spectrum
``(a) Organization.--The Secretary of Defense shall--
``(1) ensure the effective organization and management of
the electromagnetic spectrum used by the Department of Defense;
and
``(2) establish an enduring review and evaluation process
that--
``(A) considers all requirements relating to such
spectrum; and
[[Page 130 STAT. 2410]]
``(B) ensures that all users of such spectrum,
regardless of the classification of such uses, are
involved in the decision-making process of the
Department concerning the potential sharing,
reassigning, or reallocating of such spectrum, or the
relocation of the uses by the Department of such
spectrum.
``(b) Reports.--(1) From time to time as the Secretary and the
Chairman of the Joint Chiefs of Staff determine useful for the effective
oversight of the access by the Department to electromagnetic spectrum,
but not less frequently than every two years, the Secretary and the
Chairman shall jointly submit to the congressional defense committees a
report on national policy plans regarding implications for such access
in bands identified for study for potential reallocation, or under
consideration for potential reallocation, by the Policy and Plans
Steering Group established by the National Telecommunications and
Information Administration.
``(2) Each report under paragraph (1) shall address, with respect to
the electromagnetic spectrum used by the Department that is covered by
the report, the implications to the missions of the Department resulting
from sharing, reassigning, or reallocating the spectrum, or relocating
the uses by the Department of such spectrum, if the Secretary and the
Chairman jointly determine that such sharing, reassigning, reallocating,
or relocation--
``(A) would potentially create a loss of essential military
capability to the missions of the Department, as determined
under feasibility assessments to ensure comparable capability;
or
``(B) would not likely be possible within the 10-year period
beginning on the date of the report.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title <<NOTE: 10 USC 480
prec.>> is amended by striking the item relating to section 488
and inserting the following new item:
``488. Management and review of electromagnetic spectrum.''.
(b) <<NOTE: 10 USC 488 note.>> Issuance of Instruction or
Directive.--The Secretary of Defense shall--
(1) not later than 180 days after the date of the enactment
of this Act, issue a Department of Defense Instruction or a
Department of Defense Directive to carry out section 488(a) of
title 10, United States Code, as amended by subsection (a); and
(2) upon the date of the issuance of the instruction or
directive issued under paragraph (1), submit to the
congressional defense committees such instruction or directive.
(c) Initial Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly submit to the congressional defense
committees a report described in section 488(b) of title 10, United
States Code, as amended by subsection (a), with respect to--
(1) the plan by the National Telecommunications and
Information Administration titled ``Sixth Interim Progress
Report on the Ten-Year Plan and Timetable'' issued in June 2016;
and
[[Page 130 STAT. 2411]]
(2) the seventh such interim progress report issued (or to
be issued) by the National Telecommunications and Information
Administration.
SEC. 1066. REQUIREMENT FOR NOTICE AND REPORTING TO COMMITTEES ON
ARMED SERVICES ON CERTAIN EXPENDITURES
OF FUNDS BY DEFENSE INTELLIGENCE AGENCY.
Section 105(c) of the National Security Act of 1947 (50 U.S.C.
3038(c)) is amended by inserting ``, the Committee on Armed Services of
the Senate, and the Committee on Armed Services of the House of
Representatives'' after ``committees'' each place it appears.
SEC. 1067. <<NOTE: 50 USC 1528.>> CONGRESSIONAL NOTIFICATION OF
BIOLOGICAL SELECT AGENT AND TOXIN THEFT,
LOSS, OR RELEASE INVOLVING THE
DEPARTMENT OF DEFENSE.
(a) Notification Requirement.--Not later than 15 days after notice
of any theft, loss, or release of a biological select agent or toxin
involving the Department of Defense is provided to the Centers for
Disease Control and Prevention or the Animal and Plant Health Inspection
Service, as specified by section 331.19 of part 7 of the Code of Federal
Regulations, the Secretary of Defense shall provide to the congressional
defense committees notice of such theft, loss, or release.
(b) Elements.--Notice of a theft, loss, or release of a biological
select agent or toxin under subsection (a) shall include each of the
following:
(1) The name of the agent or toxin and any identifying
information, including the strain or other relevant
characterization information.
(2) An estimate of the quantity of the agent or toxin
stolen, lost, or released.
(3) The location or facility from which the theft, loss, or
release occurred.
(4) In the case of a release, any hazards posed by the
release and the number of individuals potentially exposed to the
agent or toxin.
(5) Actions taken to respond to the theft, loss, or release.
SEC. 1068. REPORT ON SERVICE-PROVIDED SUPPORT AND ENABLING
CAPABILITIES TO UNITED STATES SPECIAL
OPERATIONS FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a written report on service-common
support and enabling capabilities contributed from each of the military
services to special operations forces. Such report shall include each of
the following:
(1) A definition of the terms ``service-common'' and
``special operations-peculiar''.
(2) A description of the factors and process used by the
Department of Defense to determine whether combat support,
combat service support, base operating support, and enabling
capabilities are service-common or special operations-peculiar.
(3) A detailed accounting of the resources allocated by each
military service to provide combat support, combat service
support, base operating support, and enabling capabilities for
special operations forces.
[[Page 130 STAT. 2412]]
(4) An identification of any change in the level or type of
service-common support and enabling capabilities provided by
each of the military services to special operations forces in
the current fiscal year when compared to the preceding fiscal
year, including the rationale for any such change and any
mitigating actions.
(5) An assessment of the specific effects that the budget
request for the current fiscal year and any anticipated future
manpower and force structure changes are likely to have on the
ability of each of the military services to provide service-
common support and enabling capabilities to special operations
forces.
(6) Any other matters the Secretary determines relevant.
(b) Annual Updates.--For each of fiscal years 2018 through 2020, at
the same time the Secretary of Defense submits to Congress the budget
request for such fiscal year, the Secretary shall submit to the
congressional defense committees an update to the report required under
subsection (a).
(c) Form of Report.--The report required under subsection (a) and
each update provided under subsection (b) shall be submitted in
unclassified form, but may contain a classified annex.
SEC. 1069. REPORT ON CITIZEN SECURITY RESPONSIBILITIES IN THE
NORTHERN TRIANGLE OF CENTRAL AMERICA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly prepare and submit to the appropriate congressional
committees a report on military units that have been assigned to
policing or citizen security responsibilities in Guatemala, Honduras,
and El Salvador.
(b) Matters to Be Included.--The report required by subsection (a)
shall include each of the following:
(1) The following information, as of the date of the
enactment of this Act, with respect to military units assigned
to policing or citizen security responsibilities in each of
Guatemala, Honduras, and El Salvador:
(A) The proportion of individuals in each such
country's military who participate in policing or
citizen security activities relative to the total number
of individuals in that country's military.
(B) Of the military units assigned to policing or
citizen security responsibilities, the types of units
conducting police activities.
(C) The role of the Department of Defense and the
Department of State in training individuals for purposes
of participation in such military units.
(D) The number of individuals who participated in
such military units who received training by the
Department of Defense, and the types of training they
received.
(2) Any other information that the Secretary of Defense or
the Secretary of State determines to be necessary to help better
understand the relationships of the militaries of Guatemala,
Honduras, and El Salvador to public security in such countries.
(3) A description of the plan of the United States to assist
the militaries of Guatemala, Honduras, and El Salvador to
[[Page 130 STAT. 2413]]
carry out their responsibilities in a manner that adheres to
democratic principles.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
(d) Public Availability.--The unclassified matter of the report
required by subsection (a) shall be posted on a publicly available
Internet website of the Department of Defense and a publicly available
Internet website of the Department of State.
(e) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1070. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.
(a) In General.--Not later than July 1, 2017, the Secretary of
Defense shall submit to the congressional defense committees a report on
the counterproliferation activities and programs of the Department of
Defense.
(b) Matters Included.--The report required under subsection (a)
shall include each of the following:
(1) A complete list and assessment of existing and proposed
capabilities and technologies for support of United States
nonproliferation policy and counterproliferation policy, with
regard to--
(A) interdiction;
(B) elimination;
(C) threat reduction cooperation;
(D) passive defenses;
(E) security cooperation and partner activities;
(F) offensive operations;
(G) active defenses; and
(H) weapons of mass destruction consequence
management.
(2) For the existing and proposed capabilities and
technologies identified under paragraph (1), an identification
of goals, a description of ongoing efforts, and recommendations
for further enhancements.
(3) A complete description of requirements and priorities
for the development and deployment of highly effective
capabilities and technologies, including identifying areas for
capability enhancement and deficiencies in existing capabilities
and technologies.
(4) A comprehensive discussion of the near-term, mid-term,
and long-term programmatic options for meeting requirements and
eliminating deficiencies, including the annual funding
requirements and completion dates established for each such
option.
(5) An outline of interagency activities and initiatives.
(6) Any other matters the Secretary considers appropriate.
(c) Forms of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
[[Page 130 STAT. 2414]]
SEC. 1071. REPORT ON TESTING AND INTEGRATION OF MINEHUNTING SONAR
SYSTEMS TO IMPROVE LITTORAL COMBAT SHIP
MINEHUNTING CAPABILITIES.
(a) Report to Congress.--Not later than April 1, 2018, the Secretary
of the Navy shall submit to the congressional defense committees a
report that contains the findings of an assessment of all operational
minehunting Synthetic Aperture Sonar (hereinafter referred to as
``SAS'') technologies suitable to meet the requirements for use on the
Littoral Combat Ship Mine Countermeasures Mission Package.
(b) Elements.--The report required by subsection (a) shall include--
(1) an explanation of the future acquisition strategy for
the minehunting mission package;
(2) specific details regarding the capabilities of all in-
production SAS systems available for integration into the
Littoral Combat Ship Mine Countermeasure Mission Package;
(3) an assessment of key performance parameters for the
Littoral Combat Ship Mine Countermeasures Mission Package with
each of the assessed SAS technologies; and
(4) a review of the Department of the Navy's efforts to
evaluate SAS technologies in operation with allied Navies for
future use on the Littoral Combat Ship Mine Countermeasures
Mission Package.
(c) System Testing.--The Secretary of the Navy is encouraged to
perform at-sea testing and experimentation of sonar systems in order to
provide data in support of the assessment required by subsection (a).
SEC. 1072. QUARTERLY REPORTS ON PARACHUTE JUMPS CONDUCTED AT FORT
BRAGG AND POPE ARMY AIRFIELD AND AIR
FORCE SUPPORT FOR SUCH JUMPS.
For the period beginning on January 31, 2017, and ending on January
31, 2018, the Secretary of the Air Force and the Secretary of the Army
shall jointly submit to the Committees on Armed Services of the House of
Representatives and the Senate quarterly reports on the parachute drop
requirements for the XVIII Airborne Corps, the 82nd Airborne Division,
and the United States Army Special Operations Command. Each such report
shall include, for the calendar quarter covered by the report--
(1) the total parachute drop requirement, by month;
(2) the total parachute drops requested, by month;
(3) the total parachute drops for which the Secretary of the
Air Force entered into a contract, by month;
(4) the total parachute drops executed by non-Air Force
entities pursuant to contracts, by month;
(5) the total parachute drops executed by the Air Force, by
month;
(6) if the total parachute drop requirement was not
fulfilled for the quarter, the reasons why such requirement was
not fulfilled and the assessment of the Secretary of the Army of
any effects on Army readiness caused by the unfulfilled portion
of the requirement; and
(7) any other clarifying information, as appropriate, the
Secretaries determine the Committees would need to understand
important aspects of the Air Force implementing off-site airlift
support for XVIII Airborne Corps, the 82nd Airborne
[[Page 130 STAT. 2415]]
Division, and the United States Army Special Operations Command,
and the ability of the Air Force to meet the training
requirements of the Army and the United States Special
Operations Command.
SEC. 1073. STUDY ON MILITARY HELICOPTER NOISE.
(a) In General.--The Secretary of Defense, in coordination with the
Administrator of the Federal Aviation Administration, shall--
(1) conduct a study on the effects of military helicopter
noise on National Capital Region communities and individuals;
and
(2) develop recommendations for the reduction of the effects
of military helicopter noise on individuals, structures, and
property values in the National Capital Region.
(b) Focus.--In conducting the study under subsection (a), the
Secretary and the Administrator shall focus on air traffic control,
airspace design, airspace management, and types of aircraft to address
helicopter noise problems and shall take into account the needs of law
enforcement, emergency, and military operations.
(c) Consideration of Views.--In conducting the study under
subsection (a), the Secretary shall consider the views of
representatives of--
(1) members of the Armed Forces;
(2) law enforcement agencies;
(3) community stakeholders, including residents and local
government officials; and
(4) organizations with an interest in reducing military
helicopter noise.
(d) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the results of the study conducted under
subsection (a).
(2) Availability to the public.--The Secretary shall make
the report required under paragraph (1) publicly available.
SEC. 1074. INDEPENDENT REVIEW OF UNITED STATES MILITARY STRATEGY
AND FORCE POSTURE IN THE UNITED STATES
PACIFIC COMMAND AREA OF RESPONSIBILITY.
(a) Independent Review.--
(1) In general.--In fiscal year 2018, the Secretary of
Defense shall commission an independent review of United States
policy in the Indo-Asia-Pacific region, with a focus on issues
expected to be critical during the ten-year period beginning on
the date of such review, including the national security
interests and military strategy of the United States in the
Indo-Asia-Pacific region.
(2) Conduct of review.--The review conducted pursuant to
paragraph (1) shall be conducted by an independent organization
that has--
(A) recognized credentials and expertise in national
security and military affairs; and
(B) access to policy experts throughout the United
States and from the Indo-Asia-Pacific region.
(3) Elements.--Each review conducted pursuant to paragraph
(1) shall include the following elements:
[[Page 130 STAT. 2416]]
(A) An assessment of the risks to United States
national security interests in the United States Pacific
Command area of responsibility during the ten-year
period beginning on the date of such review as a result
of changes in the security environment.
(B) An assessment of the current and planned United
States force posture adjustments with respect to the
Indo-Asia-Pacific region.
(C) An evaluation of any key capability gaps and
shortfalls of the United States in the Indo-Asia-Pacific
region, including undersea warfare (including
submarines), naval and maritime, ballistic missile
defense, cyber, munitions, anti-access area denial,
land-force power projection, and intelligence,
surveillance, and reconnaissance capabilities.
(D) An analysis of the willingness and capacity of
allies, partners, and regional organizations to
contribute to the security and stability of the Indo-
Asia-Pacific region, including potential required
adjustments to United States military strategy based on
that analysis.
(E) An evaluation of theater security cooperation
efforts of the United States Pacific Command in the
context of current and projected threats, and desired
capabilities and priorities of the United States and its
allies and partners.
(F) An evaluation of the seams between United States
Pacific Command and adjacent geographic combatant
commands, including an appraisal of the Arctic ambitions
of actors in the Indo-Asia-Pacific region in the context
of current and projected capabilities, and
recommendations to mitigate the effects of those seams.
(G) The views of noted policy leaders and regional
experts, including military commanders, in the Indo-
Asia-Pacific region.
(b) Report.--
(1) Submittal to secretary of defense.--Not later than 180
days after commencing the review under subsection (a), the
independent organization conducting the review shall submit to
the Secretary of Defense a report containing the findings of the
review. The report shall be submitted in unclassified form, but
may contain an classified annex.
(2) Submittal to congress.--Not later than 90 days after the
date of receipt of a report required by paragraph (1), the
Secretary shall submit to the congressional defense committees
the report, together with any comments on the report that the
Secretary considers appropriate.
SEC. 1075. ASSESSMENT OF THE JOINT GROUND FORCES OF THE ARMED
FORCES.
(a) In General.--The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, the Chief of Staff of the Army,
and the Commandant of the Marine Corps, shall provide for and oversee an
assessment of the joint ground forces of the Armed Forces.
(b) 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 on the
assessment described in subsection (a). The report shall include the
following:
[[Page 130 STAT. 2417]]
(1) A description of any gaps in the capabilities and
capacities of the joint ground forces that threaten the
successful execution of decisive operational maneuver by the
joint ground forces.
(2) Recommendations for actions to be taken to eliminate or
otherwise address such gaps in capabilities or capacities.
(3) An assessment by each of the Chief of Staff of the Army
and the Commandant of the Marine Corps of any specific gaps in
the capability and capacity of the Army and Marine Corps,
respectively, that threaten the successful execution of decisive
operational maneuver.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 130h is amended by striking ``subsection (a) and
(b)'' both places it appears and inserting ``subsections (a) and
(b)''.
(2) Section 187(a)(2)(C) is amended by striking
``Acquisition, Logistics, and Technology'' and inserting
``Acquisition, Technology, and Logistics''.
(3) Section 196(c)(1)(A)(ii) is amended by striking
``section 139(i)'' and inserting ``section 139(j)''.
(4) Subsection (b)(1)(B) of section 1415 is amended by
adding a period at the end of clause (ii).
(5) Section 1705(g)(1) is amended by striking ``of of'' and
inserting ``of''.
(6) Section 2222 is amended--
(A) in subsection (d)(1)(B), by inserting ``to''
before ``eliminate'';
(B) in subsection (g)(1)(E), by inserting ``the
system'' before ``is in compliance''; and
(C) in subsection (i)(5), by striking ``program'' in
the heading.
(7) Subsection (d) of section 2431b is amended to read as
follows:
``(d) Definitions.--
``(1) Concurrency.--The term `concurrency' means, with
respect to an acquisition strategy, the combination or overlap
of program phases or activities.
``(2) Major defense acquisition program and major system.--
The terms `major defense acquisition program' and `major system'
have the meanings provided in section 2431a of this title.''.
(b) Amendments Related to Elimination of Title 50 Appendix.--
(1) Military selective service act citation changes.--
(A) Title 10, united states code.--Title 10, United
States Code, is amended as follows:
(i) Section 101(d)(6)(B)(v) is amended by
striking ``(50 U.S.C. App. 460(b)(2))'' and
inserting ``(50 U.S.C. 3809(b)(2))''.
(ii) Section 513(c) is amended--
[[Page 130 STAT. 2418]]
(I) by striking ``(50 U.S.C. App.
451 et seq.)'' and inserting ``(50
U.S.C. 3801 et seq.)''; and
(II) by inserting ``(50 U.S.C.
3806(c)(2)(A))'' after ``of that Act''.
(iii) Section 523(b)(7) is amended by striking
``(50 U.S.C. App. 460(b)(2))'' and inserting ``(50
U.S.C. 3809(b)(2))''.
(iv) Section 651(a) is amended by striking
``(50'' and all that follows through ``shall
serve'' and inserting ``(50 U.S.C. 3806(d)(1))''.
(v) Section 671(c)(1) is amended by striking
``(50 U.S.C. App. 454(a))'' and inserting ``(50
U.S.C. 3803(a))''.
(vi) Section 1475(a)(5)(B) is amended by
striking ``(50 U.S.C. App. 451 et seq.)'' and
inserting ``(50 U.S.C. 3801 et seq.)''.
(vii) Section 12103 is amended--
(I) in subsections (b) and (d), by
striking ``(50 U.S.C. App. 451 et
seq.)'' both places it appears and
inserting ``(50 U.S.C. 3801 et seq.)'';
and
(II) in subsection (d), by striking
``section 6(c)(2)(A)(ii) and (iii) of
such Act'' and inserting ``clauses (ii)
and (iii) of section 6(c)(2)(A) of such
Act (50 U.S.C. 3806(c)(2)(A))''.
(viii) Section 12104(a) is amended by striking
``(50 U.S.C. App. 451 et seq.)'' both places it
appears and inserting ``(50 U.S.C. 3801 et
seq.)''.
(ix) Section 12208(a) is amended by striking
``(50 U.S.C. App. 451 et seq.)'' both places it
appears and inserting ``(50 U.S.C. 3801 et
seq.)''.
(B) Title 37, united states code.--Section 209(a)(1)
of title 37, United States Code, is amended by striking
``(50 U.S.C. App. 456(d)(1))'' and inserting ``(50
U.S.C. 3806(d)(1))''.
(2) Servicemembers civil relief act citation changes.--Title
10, United States Code, is amended as follows:
(A) Section 987 is amended--
(i) in subsection (e)(2), by inserting ``(50
U.S.C. 3901 et seq.)'' before the semicolon; and
(ii) in subsection (g), by striking ``(50
U.S.C. App. 527)'' and inserting ``(50 U.S.C.
3937)''.
(B) Section 1408(b)(1)(D) is amended by striking
``(50 U.S.C. App. 501 et seq.)'' and inserting ``(50
U.S.C. 3901 et seq.)''.
(3) Export administration act of 1979 citation changes.--
Title 10, United States Code, is amended as follows:
(A) Section 130(a) is amended by striking ``(50
U.S.C. App. 2401-2420)'' and inserting ``(50 U.S.C. 4601
et seq.)''.
(B) Section 2249a(a)(1) is amended by striking ``(50
U.S.C. App. 2405(j)(1)(A))'' and inserting ``(50 U.S.C.
4605(j)(1)(A))''.
(C) Section 2327 is amended--
(i) in subsection (a), by striking ``(50
U.S.C. App. 2405(j)(1)(A))'' and inserting ``(50
U.S.C. 4605(j)(1)(A))''; and
[[Page 130 STAT. 2419]]
(ii) in subsection (b)(2), by striking ``(50
U.S.C. App. 2405(j)(1)(A))'' and inserting ``(50
U.S.C. 4605(j)(1)(A))''.
(D) Section 2410i(a) is amended by striking ``(50
U.S.C. App. 2402(5)(A))'' and inserting ``(50 U.S.C.
4602(5)(A))''.
(E) Section 7430(e) is amended by striking ``(50
U.S.C. App. 2401 et seq.)'' and inserting ``(50 U.S.C.
4601 et seq.)''.
(4) Defense production act of 1950 citation changes.--Title
10, United States Code, is amended as follows:
(A) Section 139c is amended--
(i) in subsection (b)--
(I) in paragraph (11), by striking
``(50 U.S.C. App. 2171)'' and inserting
``(50 U.S.C. 4567)''; and
(II) in paragraph (12)--
(aa) by striking ``(50
U.S.C. App. 2062(b))'' and
inserting ``(50 U.S.C.
4502(b))''; and
(bb) by striking ``(50
U.S.C. App. 2061 et seq.)'' and
inserting ``(50 U.S.C. 4501 et
seq.)''; and
(ii) in subsection (c), by striking ``(50
U.S.C. App. 2170(k))'' and inserting ``(50 U.S.C.
4565(k))''.
(B) Section 2537(c) is amended by striking ``(50
U.S.C. App. 2170(a))'' and inserting ``(50 U.S.C.
4565(a))''.
(C) Section 9511(6) is amended by striking ``(50
U.S.C. App. 2071)'' and inserting ``(50 U.S.C. 4511)''.
(D) Section 9512(e) is amended by striking ``(50
U.S.C. App. 2071)'' and inserting ``(50 U.S.C. 4511)''.
(5) Merchant ship sales act of 1946 citation changes.--
Section 2218 of title 10, United States Code, is amended--
(A) in subsection (c)(1)(E), by striking ``(50
U.S.C. App. 1744)'' and inserting ``(50 U.S.C. 4405)'';
and
(B) in subsection (k)(3)(B), by striking ``(50
U.S.C. App. 1744)'' and inserting ``(50 U.S.C. 4405)''.
(c) <<NOTE: 10 USC 2222 note.>> National Defense Authorization Act
for Fiscal Year 2016.--Effective as of November 25, 2015, and as if
included therein as enacted, the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) is amended as follows:
(1) <<NOTE: 38 USC 1712A note.>> Section 563(a) is amended
by striking ``Section 5(c)(5)'' and inserting ``Section
5(c)(2)''.
(2) <<NOTE: 10 USC 2302 note.>> Section 804(d)(3) is
amended by inserting ``within 5 business days after such
transfer'' before the period at the end of the first sentence.
(3) Section 809(e)(2)(A) is amended by striking ``repealed''
and inserting ``rescinded''.
(4) Section 883(a)(2) is amended by striking ``such
chapter'' and inserting ``chapter 131 of such title''.
(5) <<NOTE: 10 USC 2201 prec.>> Section 883 is amended by
adding at the end the following new subsection:
``(f) <<NOTE: 10 USC 2222 note.>> Conforming Amendments.--
``(1) Effective on the effective date specified in
subsection (a)(1) of section 901 of the Carl Levin and Howard P.
`Buck' McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3462; 10 U.S.C. 132a note),
section 2222 of title 10, United States Code, is amended--
``(A) by striking `Deputy Chief Management Officer
of the Department of Defense' each place it appears in
subsections (c)(2), (e)(1), (g)(2)(A), (g)(2)(B)(ii),
and (i)(5)(B)
[[Page 130 STAT. 2420]]
and inserting `Under Secretary of Defense for Business
Management and Information'; and
``(B) by striking `Deputy Chief Management Officer'
in subsection (f)(1) and inserting `Under Secretary of
Defense for Business Management and Information'.
``(2) The second paragraph (3) of section 901(k) of such Act
(Public Law 113-291; 128 Stat. 3468; 10 U.S.C. 2222 note) is
repealed.''.
(6) Section 1079(a) is amended to read as follows:
``(a) Annual Report on Prizes for Advanced Technology
Achievements.--Section 2374a of title 10, United States Code, is
amended--
``(1) by striking subsection (f); and
``(2) by redesignating subsection (g) as subsection (f).''.
(7) <<NOTE: 10 USC 1564 note.>> Section 1086(f)(11)(A) is
amended by striking ``Not later than\ one year'' and inserting
``Not later than one year''.
(d) <<NOTE: 10 USC 101 note.>> Coordination With Other Amendments
Made by This Act.--For purposes of applying amendments made by
provisions of this Act other than this section, the amendments made by
this section shall be treated as having been enacted immediately before
any such amendments by other provisions of this Act.
SEC. 1082. INCREASE IN MAXIMUM AMOUNT AVAILABLE FOR EQUIPMENT,
SERVICES, AND SUPPLIES PROVIDED FOR
HUMANITARIAN DEMINING ASSISTANCE.
Section 407(c)(3) of title 10, United States Code, is amended by
striking ``$10,000,000'' and inserting ``$15,000,000''.
SEC. 1083. LIQUIDATION OF UNPAID CREDITS ACCRUED AS A RESULT OF
TRANSACTIONS UNDER A CROSS-SERVICING
AGREEMENT.
(a) Liquidation of Unpaid Credits.--Section 2345 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c)(1) Any credits of the United States accrued as a result of the
provision of logistic support, supplies, and services under the
authority of this subchapter that remain unliquidated more than 18
months after the date of delivery of the logistic support, supplies, or
services may, at the option of the Secretary of Defense, with the
concurrence of the Secretary of State, be liquidated by offsetting the
credits against any amount owed by the Department of Defense, pursuant
to a transaction or transactions concluded under the authority of this
subchapter, to the government or international organization to which the
logistic support, supplies, or services were provided by the United
States.
``(2) The amount of any credits offset pursuant to paragraph (1)
shall be credited as specified in section 2346 of this title as if it
were a receipt of the United States.''.
(b) <<NOTE: 10 USC 2345 note.>> Effective Date.--Subsection (c) of
section 2345 of title 10, United States Code, as added by subsection
(a), shall apply with respect to credits accrued by the United States
that--
(1) were accrued prior to, and remain unpaid as of, the date
of the enactment of this Act; or
(2) are accrued after the date of the enactment of this Act.
[[Page 130 STAT. 2421]]
SEC. 1084. MODIFICATION OF REQUIREMENTS RELATING TO MANAGEMENT OF
MILITARY TECHNICIANS.
(a) Conversion of Certain Military Technician (dual Status)
Positions.--Subsection (a) of section 1053 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
981; 10 U.S.C. 10216 note) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) In general.--By not later than October 1, 2017, the
Secretary of Defense shall convert not fewer than 20 percent of
all military technician positions to positions filled by
individuals who are employed under section 3101 of title 5,
United States Code, or section 1601 of title 10, United States
Code, and are not military technicians. The positions to be
converted are described in paragraph (2).'';
(2) in paragraph (2), by striking ``in the report'' and all
that follows and inserting ``by the Army Reserve, the Air Force
Reserve, the National Guard Bureau, State adjutants general, and
the Secretary of Defense in the course of reviewing all military
technician positions for purposes of implementing this
section.''; and
(3) in paragraph (3), by striking ``may fill'' and inserting
``shall fill''.
(b) Conversion of Army Reserve, Air Force Reserve, and National
Guard Non-dual Status Positions.--Subsection (e) of section 10217 of
title 10, United States Code, is amended is amended to read as follows:
``(e) Conversion of Positions.--(1) No individual may be newly hired
or employed, or rehired or reemployed, as a non-dual status technician
for purposes of this section after September 30, 2017.
``(2) By not later than October 1, 2017, the Secretary of Defense
shall convert all non-dual status technicians to positions filled by
individuals who are employed under section 3101 of title 5 or section
1601 of this title and are not military technicians.
``(3) In the case of a position converted under paragraph (2) for
which there is an incumbent employee on October 1, 2017, the Secretary
shall fill that position, as converted, with the incumbent employee
without regard to any requirement concerning competition or competitive
hiring procedures.
``(4) Any individual newly hired or employed, or rehired or
employed, to a position required to be filled by reason of paragraph (1)
shall an individual employed in such position under section 3101 of
title 5 or section 1601 of this title.''.
(c) Report on Conversion of Military Technician Positions to
Personnel Performing Active Guard and Reserve Duty.--
(1) In general.--Not later than March 1, 2017, the Secretary
of Defense, shall in consultation with the Chief of the National
Guard Bureau, submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
feasibility and advisability of converting any remaining
military technicians (dual status) to personnel performing
active Guard and Reserve duty under section 328 of title 32,
United States Code, or other applicable provisions of law. The
report shall include the following:
[[Page 130 STAT. 2422]]
(A) An analysis of the fully-burdened costs of the
conversion taking into account the new modernized
military retirement system.
(B) An assessment of the ratio of members of the
Armed Forces performing active Guard and Reserve duty
and civilian employees of the Department of Defense
under title 5, United States Code, required to best
contribute to the readiness of the National Guard and
the Reserves.
(2) Active guard and reserve duty defined.--In this
subsection, the term ``active Guard and Reserve duty'' has the
meaning given that term in section 101(d)(6) of title 10, United
States Code.
SEC. 1085. STREAMLINING OF THE NATIONAL SECURITY COUNCIL.
(a) In General.--Section 101 of the National Security Act of 1947
(50 U.S.C. 3021) is amended to read as follows:
``SEC. 101. NATIONAL SECURITY COUNCIL.
``(a) National Security Council.--There is a council known as the
National Security Council (in this section referred to as the
`Council').
``(b) Functions.--Consistent with the direction of the President,
the functions of the Council shall be to--
``(1) advise the President with respect to the integration
of domestic, foreign, and military policies relating to the
national security so as to enable the Armed Forces and the other
departments and agencies of the United States Government to
cooperate more effectively in matters involving the national
security;
``(2) assess and appraise the objectives, commitments, and
risks of the United States in relation to the actual and
potential military power of the United States, and make
recommendations thereon to the President; and
``(3) make recommendations to the President concerning
policies on matters of common interest to the departments and
agencies of the United States Government concerned with the
national security.
``(c) Membership.--
``(1) In general.--The Council consists of the President,
the Vice President, the Secretary of State, the Secretary of
Defense, the Secretary of Energy, and such other officers of the
United States Government as the President may designate.
``(2) Attendance and participation in meetings.--The
President may designate such other officers of the United States
Government as the President considers appropriate, including the
Director of National Intelligence, the Director of National Drug
Control Policy, and the Chairman of the Joint Chiefs of Staff,
to attend and participate in meetings of the Council.
``(d) Presiding Officers.--At meetings of the Council, the President
shall preside or, in the absence of the President, a member of the
Council designated by the President shall preside.
``(e) Staff.--
``(1) In general.--The Council shall have a staff headed by
a civilian executive secretary appointed by the President.
``(2) Staff.--Consistent with the direction of the President
and subject to paragraph (3), the executive secretary may,
subject to the civil service laws and chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, appoint and
[[Page 130 STAT. 2423]]
fix the compensation of such personnel as may be necessary to
perform such duties as may be prescribed by the President in
connection with performance of the functions of the Council.
``(3) Number of professional staff.--The professional staff
for which this subsection provides shall not exceed 200 persons,
including persons employed by, assigned to, detailed to, under
contract to serve on, or otherwise serving or affiliated with
the staff. The limitation in this paragraph does not apply to
personnel serving substantially in support or administrative
positions.
``(f) Special Advisor to the President on International Religious
Freedom.--It is the sense of Congress that there should be within the
staff of the Council a Special Adviser to the President on International
Religious Freedom, whose position should be comparable to that of a
director within the Executive Office of the President. The Special
Adviser should serve as a resource for executive branch officials,
compiling and maintaining information on the facts and circumstances of
violations of religious freedom (as defined in section 3 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6402)), and
making policy recommendations. The Special Adviser should serve as
liaison with the Ambassador at Large for International Religious
Freedom, the United States Commission on International Religious
Freedom, Congress and, as advisable, religious nongovernmental
organizations.''.
(b) <<NOTE: 50 USC 3021 note.>> Effective Date of Limitation on
Number of Professional Staff.--The limitation on the number of
professional staff of the National Security Council specified in
subsection (e)(3) of section 101 of the National Security Act of 1947,
as amended by subsection (a) of this section, shall take effect on the
date that is 18 months after the date of the enactment of this Act.
SEC. 1086. <<NOTE: 6 USC 104.>> NATIONAL BIODEFENSE STRATEGY.
(a) Strategy and Implementation Plan Required.--The Secretary of
Defense, the Secretary of Health and Human Services, the Secretary of
Homeland Security, and the Secretary of Agriculture shall jointly
develop a national biodefense strategy and associated implementation
plan, which shall include a review and assessment of biodefense
policies, practices, programs and initiatives. Such Secretaries shall
review and, as appropriate, revise the strategy biennially.
(b) Elements.--The strategy and associated implementation plan
required under subsection (a) shall include each of the following:
(1) An inventory and assessment of all existing strategies,
plans, policies, laws, and interagency agreements related to
biodefense, including prevention, deterrence, preparedness,
detection, response, attribution, recovery, and mitigation.
(2) A description of the biological threats, including
biological warfare, bioterrorism, naturally occurring infectious
diseases, and accidental exposures.
(3) A description of the current programs, efforts, or
activities of the United States Government with respect to
preventing the acquisition, proliferation, and use of a
biological weapon, preventing an accidental or naturally
occurring biological outbreak, and mitigating the effects of a
biological epidemic.
[[Page 130 STAT. 2424]]
(4) A description of the roles and responsibilities of the
Executive Agencies, including internal and external coordination
procedures, in identifying and sharing information related to,
warning of, and protection against, acts of terrorism using
biological agents and weapons and accidental or naturally
occurring biological outbreaks.
(5) An articulation of related or required interagency
capabilities and whole-of-Government activities required to
support the national biodefense strategy.
(6) Recommendations for strengthening and improving the
current biodefense capabilities, authorities, and command
structures of the United States Government.
(7) Recommendations for improving and formalizing
interagency coordination and support mechanisms with respect to
providing a robust national biodefense.
(8) Any other matters the Secretary of Defense, the
Secretary of Health and Human Services, the Secretary of
Homeland Security, and the Secretary of Agriculture determine
necessary.
(c) Submittal to Congress.--Not later than 275 days after the date
of the enactment of this Act, the Secretary of Defense, the Secretary of
Health and Human Services, the Secretary of Homeland Security, and the
Secretary of Agriculture shall submit to the appropriate congressional
committees the strategy and associated implementation plan required by
subsection (a). The strategy and implementation plan shall be submitted
in unclassified form, but may include a classified annex.
(d) Briefings.--Not later than March 1, 2017, and annually
thereafter until March 1, 2019, the Secretary of Defense, the Secretary
of Health and Human Services, the Secretary of Homeland Security, and
the Secretary of Agriculture shall provide to the Committee on Armed
Services of the House of Representatives, the Committee on Energy and
Commerce of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Agriculture of the House of Representatives a joint briefing on the
strategy developed under subsection (a) and the status of the
implementation of such strategy.
(e) GAO Review.--Not later than 180 days after the date of the
submittal of the strategy and implementation plan under subsection (c),
the Comptroller General of the United States shall conduct a review of
the strategy and implementation plan to analyze gaps and resources
mapped against the requirements of the National Biodefense Strategy and
existing United States biodefense policy documents.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(3) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
[[Page 130 STAT. 2425]]
SEC. 1087. <<NOTE: 10 USC 3013 note.>> GLOBAL CULTURAL KNOWLEDGE
NETWORK.
(a) Program Authorized.--The Secretary of the Army shall carry out a
program to support the socio-cultural understanding needs of the
Department of the Army, to be known as the Global Cultural Knowledge
Network.
(b) Goals.--The Global Cultural Knowledge Network shall support the
following goals:
(1) Provide socio-cultural analysis support to any unit
deployed, or preparing to deploy, to an exercise or operation in
the assigned region of responsibility of the unit being
supported.
(2) Make recommendations or support policy or doctrine
development to increase the social science expertise of military
and civilian personnel of the Department of the Army.
(3) Provide reimbursable support to other military
departments or Federal agencies if requested through an
operational needs request process.
(c) Elements of the Program.--The Global Cultural Knowledge Network
shall include the following elements:
(1) A center in the continental United States (referred to
in this section as a ``reach-back center'') to support requests
for information, research, and analysis.
(2) Outreach to academic institutions and other Federal
agencies involved in social science research to increase the
network of resources for the reach-back center.
(3) Training with operational units during annual training
exercises or during pre-deployment training.
(4) The training, contracting, and human resources capacity
to rapidly respond to contingencies in which social science
expertise is requested by operational commanders through an
operational needs request process.
(d) Directive Required.--The Secretary of the Army shall issue a
directive within one year after the date of the enactment of this Act
for the governance of the Global Cultural Knowledge Network, including
oversight and process controls for auditing the activities of personnel
of the Network, the employment of the Global Cultural Knowledge Network
by operational forces, and processes for requesting support by
operational Army units and other Department of Defense and Federal
entities.
(e) Prohibition on Deployments Under Global Cultural Knowledge
Network.--
(1) Prohibition.--The Secretary of the Army may not deploy
social scientists of the Global Cultural Knowledge Network in a
conflict zone.
(2) Waiver.--The Secretary of the Army may waive the
prohibition in paragraph (1) if the Secretary submits, at least
10 days before the deployment, to the Committees on Armed
Services of the House of Representatives and the Senate--
(A) notice of the waiver; and
(B) a certification that there is a compelling
national security interest for the deployment or there
will be a benefit to the safety and welfare of members
of the Armed Forces from the deployment.
(3) Elements of waiver notice.--A waiver notice under this
subsection also shall include the following:
[[Page 130 STAT. 2426]]
(A) The operational unit, or units, requesting
support, including the location or locations where the
social scientists are to be deployed.
(B) The number of Global Cultural Knowledge Network
personnel to be deployed and the anticipated duration of
such deployments.
(C) The anticipated resource needs for such
deployment.
SEC. 1088. SENSE OF CONGRESS REGARDING CONNECTICUT'S SUBMARINE
CENTURY.
(a) Findings.--Congress makes the following findings:
(1) On March 2, 1867, Congress enacted a naval
appropriations Act that authorized the Secretary of the Navy to
``receive and accept a deed of gift, when offered by the State
of Connecticut, of a tract of land with not less than one mile
of shore front on the Thames River near New London, Connecticut,
to be held by the United States for naval purposes''.
(2) The people of Connecticut and the towns and cities in
the southeastern region of Connecticut subsequently gifted land
to establish a military installation to fulfil the Nation's need
for a naval facility on the Atlantic coast.
(3) On April 11, 1868, the Navy accepted the deed of gift of
land from Connecticut to establish a naval yard and storage
depot along the eastern shore of the Thames River in Groton,
Connecticut.
(4) Between 1868 and 1912, the New London Navy Yard
supported a diverse range of missions, including berthing
inactive Civil War era ironclad warships and serving as a
coaling station for refueling naval ships traveling in New
England waters.
(5) Congress rejected the Navy's proposal to close New
London Navy Yard in 1912, following an impassioned effort by
Congressman Edwin W. Higgins, who stated that ``this action
proposed is not only unjust but unreasonable and unsound as a
military proposition''.
(6) The outbreak of World War I and the enemy use of
submarines to sink allied military and civilian ships in the
Atlantic sparked a new focus on developing submarine
capabilities in the United States.
(7) October 18, 1915, marked the arrival at the New London
Navy Yard of the submarines G-1, G-2, and G-4 under the care of
the tender USS Ozark and the arrival of submarines E-1, D-1, and
D-3 under the care of the tender USS Tonopah. November 1, 1915,
marked the arrival of the first ship built as a submarine
tender, the USS Fulton (AS-1).
(8) On June 21, 1916, Commander Yeates Stirling assumed the
command of the newly designated Naval Submarine Base New London,
the New London Submarine Flotilla, and the Submarine School.
(9) In the 100 years since the arrival of the first
submarines to the base, Naval Submarine Base New London has
grown to occupy more than 680 acres along the east side of the
Thames River, with more than 160 major facilities, 15 nuclear
submarines, and more than 70 tenant commands and activities,
including the Submarine Learning Center, Naval Submarine School,
the Naval Submarine Medical Research Laboratory,
[[Page 130 STAT. 2427]]
the Naval Undersea Medical Institute, and the newly established
Undersea Warfighting Development Center.
(10) In addition to being the site of the first submarine
base in the United States, Connecticut was home to the foremost
submarine manufacturers of the time, the Lake Torpedo Boat
Company in Bridgeport and the Electric Boat Company in Groton,
which later became General Dynamics Electric Boat.
(11) General Dynamics Electric Boat, its talented workforce,
and its Connecticut-based and nationwide network of suppliers
have delivered more than 200 submarines from its current
location in Groton, Connecticut, including the first nuclear-
powered submarine, the USS Nautilus (SSN 571), and nearly half
of the nuclear submarines ever built by the United States.
(12) The Submarine Force Museum, located adjacent to Naval
Submarine Base New London in Groton, Connecticut, is the only
submarine museum operated by the United States Navy and today
serves as the primary repository for artifacts, documents, and
photographs relating to the bold and courageous history of the
Submarine Force and highlights as its core exhibit the Historic
Ship Nautilus (SSN 571) following her retirement from service.
(13) Reflecting the close ties between Connecticut and the
Navy that began with the gift of land that established the base,
the State of Connecticut has set aside $40,000,000 in funding
for critical infrastructure investments to support the mission
of the base, including construction of a new dive locker
building, expansion of the Submarine Learning Center, and
modernization of energy infrastructure.
(14) On September 29, 2015, Connecticut Governor Dannel
Malloy designated October 2015 through October 2016 as
Connecticut's Submarine Century, a year-long observance that
celebrates 100 years of submarine activity in Connecticut,
including the Town of Groton's distinction as the Submarine
Capital of the World, to coincide with the centennial
anniversary of the establishment of Naval Submarine Base New
London and the Naval Submarine School.
(15) Whereas Naval Submarine Base New London still proudly
proclaims its motto of ``The First and Finest''.
(16) Congressman Higgins' statement before Congress in 1912
that ``Connecticut stands ready, as she always has, to bear her
part of the burdens of the national defense'' remains true
today.
(b) Sense of Congress.--Congress--
(1) commends the longstanding dedication and contribution to
the Navy and submarine force by the people of Connecticut, both
through the initial deed of gift that established what would
become Naval Submarine Base New London and through their ongoing
commitment to support the mission of the base and the Navy
personnel assigned to it;
(2) honors the submariners who have trained and served at
Naval Submarine Base New London throughout its history in
support of the Nation's security and undersea superiority;
(3) recognizes the contribution of the industry and
workforce of Connecticut in designing, building, and sustaining
the Navy's submarine fleet; and
[[Page 130 STAT. 2428]]
(4) encourages the recognition of Connecticut's Submarine
Century by Congress, the Navy, and the American people by
honoring the contribution of the people of Connecticut to the
defense of the United States and the important role of the
submarine force in safeguarding the security of the United
States for more than a century.
SEC. 1089. SENSE OF CONGRESS REGARDING THE REPORTING OF THE MV-22
MISHAP IN MARANA, ARIZONA, ON APRIL 8,
2000.
It is the sense of Congress that--
(1) in the report accompanying H.R. 1735 of the 114th
Congress (House Report 114-102), the Committee on Armed Services
of the House of Representatives encouraged the Secretary of
Defense to ``publicly clarify the causes of the MV-22 mishap at
Marana Northwest Regional Airport, Arizona, in a way consistent
with the results of all investigations as soon as possible'';
(2) the Deputy Secretary of Defense Robert O. Work did an
excellent job reviewing the investigations of such mishap and
concluded that there was a misrepresentation of facts by the
media which incorrectly identified pilot error as the cause of
the mishap which the Deputy Secretary publicly made known in
March 2016; and
(3) Congress is grateful for the successful conclusion to
this tragic situation.
SEC. 1090. COST OF WARS.
The Secretary of Defense, in consultation with the Commissioner of
the Internal Revenue Service and the Director of the Bureau of Economic
Analysis, shall post on the public Internet website of the Department of
Defense the costs to each United States taxpayer of each of the wars in
Afghanistan, Iraq, and Syria.
SEC. 1091. RECONNAISSANCE STRIKE GROUP MATTERS.
(a) Modeling of Alternative Army Design and Operational Concept.--
(1) Analyses required.--The Chairman of the Joint Chiefs of
Staff and the Chief of Staff of the Army, in consultation with
the commanding general of the United States European Command,
shall each conduct a separate analysis of alternative Army
operational concepts and organizational designs, known as the
Reconnaissance Strike Group, as recommended by the National
Commission on the Future of the United States Army.
(2) Assessment of analyses.--The Chairman of the Joint
Chiefs of Staff and Chief of Staff of the Army shall then each
separately assess the operational merits, feasible force mix
under programmed end-strength, estimated costs for assessed
potential force structure changes, and strategic force
sufficiency and risk of each analysis conducted under paragraph
(1).
(b) Reports Required.--Not later than one year after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff and the
Chief of Staff of the Army shall each submit to the Committees on Armed
Services of the Senate and House of Representatives a separate report on
the alternative designs and operational concepts analyzed under
subsection (a)(1). Each such report shall include an assessment of the
merits and
[[Page 130 STAT. 2429]]
sufficiency of such designs and concepts, the potential for future
experimentation (such as a follow-on pilot program), and the
recommendation of the Chairman and Chief of Staff, as the case may be,
regarding the Reconnaissance Strike Group.
(c) Independent Assessments Required.--Before submittal of the
reports required under subsection (b), the Chairman of the Joint Chiefs
of Staff and the Chief of Staff of the Army shall each select a
Federally Funded Research and Development Center to review and evaluate
each report. The review and evaluation of each report shall be submitted
to the Committees on Armed Services of the Senate and House of
Representatives together with the reports under subsection (b).
SEC. 1092. <<NOTE: 6 USC 223.>> BORDER SECURITY METRICS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Consequence delivery system.--The term ``Consequence
Delivery System'' means the series of consequences applied by
U.S. Border Patrol in collaboration with other Federal agencies
to persons unlawfully entering the United States, in order to
prevent unlawful border crossing recidivism.
(3) Got away.--The term ``got away'' means an unlawful
border crosser who--
(A) is directly or indirectly observed making an
unlawful entry into the United States;
(B) is not apprehended; and
(C) is not a turn back.
(4) Known maritime migrant flow.--The term ``known maritime
migrant flow'' means the sum of the number of undocumented
migrants--
(A) interdicted in the waters over which the United
States has jurisdiction;
(B) identified at sea either directly or indirectly,
but not interdicted;
(C) if not described in subparagraph (A) or (B), who
were otherwise reported, with a significant degree of
certainty, as having entered, or attempted to enter, the
United States through the maritime border.
(5) Major violator.--The term ``major violator'' means a
person or entity that has engaged in serious criminal activities
at any land, air, or sea port of entry, including the following:
(A) Possession of illicit drugs.
(B) Smuggling of prohibited products.
(C) Human smuggling.
(D) Possession of illegal weapons.
(E) Use of fraudulent documents.
(F) Any other offense that is serious enough to
result in an arrest.
(6) Secretary.--The term ``the Secretary'' means the
Secretary of Homeland Security.
[[Page 130 STAT. 2430]]
(7) Situational awareness.--The term ``situational
awareness'' means knowledge and understanding of current
unlawful cross-border activity, including the following:
(A) Threats and trends concerning illicit
trafficking and unlawful crossings.
(B) The ability to forecast future shifts in such
threats and trends.
(C) The ability to evaluate such threats and trends
at a level sufficient to create actionable plans.
(D) The operational capability to conduct persistent
and integrated surveillance of the international borders
of the United States.
(8) Transit zone.--The term ``transit zone'' means the sea
corridors of the western Atlantic Ocean, the Gulf of Mexico, the
Caribbean Sea, and the eastern Pacific Ocean through which
undocumented migrants and illicit drugs transit, either directly
or indirectly, to the United States.
(9) Turn back.--The term ``turn back'' means an unlawful
border crosser who, after making an unlawful entry into the
United States, responds to United States enforcement efforts by
returning promptly to the country from which such crosser
entered.
(10) Unlawful border crossing effectiveness rate.--The term
``unlawful border crossing effectiveness rate'' means the
percentage that results from dividing the number of
apprehensions and turn backs by the sum of the number of
apprehensions, estimated undetected unlawful entries, turn
backs, and got aways.
(11) Unlawful entry.--The term ``unlawful entry'' means an
unlawful border crosser who enters the United States and is not
apprehended by a border security component of the Department of
Homeland Security.
(b) Metrics for Securing the Border Between Ports of Entry.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall develop
metrics, informed by situational awareness, to measure the
effectiveness of security between ports of entry. The Secretary
shall annually implement the metrics developed under this
subsection, which shall include the following:
(A) Estimates, using alternative methodologies where
appropriate, including recidivism data, survey data,
known-flow data, and technologically-measured data, of
the following:
(i) The rate of apprehension of attempted
unlawful border crossers.
(ii) The number of detected unlawful entries.
(iii) The number of estimated undetected
unlawful entries.
(iv) Turn backs.
(v) Got aways.
(B) A measurement of situational awareness achieved
in each U.S. Border Patrol sector.
(C) An unlawful border crossing effectiveness rate
in each U.S. Border Patrol sector.
(D) A probability of detection rate, which compares
the estimated total unlawful border crossing attempts
not
[[Page 130 STAT. 2431]]
detected by U.S. Border Patrol to the unlawful border
crossing effectiveness rate under subparagraph (C), as
informed by subparagraph (A).
(E) The number of apprehensions in each U.S. Border
Patrol sector.
(F) The number of apprehensions of unaccompanied
alien children, and the nationality of such children, in
each U.S. Border Patrol sector.
(G) The number of apprehensions of family units, and
the nationality of such family units, in each U.S.
Border Patrol sector.
(H) An illicit drugs seizure rate for drugs seized
by U.S. Border Patrol between ports of entry, which
compares the ratio of the amount and type of illicit
drugs seized between ports of entry in any fiscal year
to the average of the amount and type of illicit drugs
seized between ports of entry in the immediately
preceding five fiscal years.
(I) Estimates of the impact of the Consequence
Delivery System on the rate of recidivism of unlawful
border crossers over multiple fiscal years.
(J) An examination of each consequence under the
Consequence Delivery System referred to in subparagraph
(I), including the following:
(i) Voluntary return.
(ii) Warrant of arrest or notice to appear.
(iii) Expedited removal.
(iv) Reinstatement of removal.
(v) Alien transfer exit program.
(vi) Criminal consequence program.
(vii) Standard prosecution.
(viii) Operation Against Smugglers Initiative
on Safety and Security.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described
in paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate
components of the Department of Homeland Security; and
(B) where appropriate, with the heads of other
agencies, including the Office of Refugee Resettlement
of the Department of Health and Human Services and the
Executive Office for Immigration Review of the
Department of Justice.
(3) Manner of collection.--The data collected to inform the
metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
across all U.S. Border Patrol sectors, informed by situational
awareness.
(c) Metrics for Securing the Border at Ports of Entry.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall develop
metrics, informed by situational awareness, to measure the
effectiveness of security at ports of entry. The Secretary shall
annually implement the metrics developed under this subsection,
which shall include the following:
(A) Estimates, using alternative methodologies where
appropriate, including recidivism data, survey data, and
randomized secondary screening data, of the following:
[[Page 130 STAT. 2432]]
(i) Total inadmissible travelers who attempt
to, or successfully, enter the United States at a
port of entry.
(ii) The rate of refusals and interdictions
for travelers who attempt to, or successfully,
enter the United States at a port of entry.
(iii) The number of unlawful entries at a port
of entry.
(B) The amount and type of illicit drugs seized by
the Office of Field Operations of U.S. Customs and
Border Protection at ports of entry during the previous
fiscal year.
(C) An illicit drugs seizure rate for drugs seized
by the Office of Field Operations, which compares the
ratio of the amount and type of illicit drugs seized by
the Office of Field Operations in any fiscal year to the
average of the amount and type of illicit drugs seized
by the Office of Field Operations in the immediately
preceding five fiscal years.
(D) The number of infractions related to travelers
and cargo committed by major violators who are
interdicted by the Office of Field Operations at ports
of entry, and the estimated number of such infractions
committed by major violators who are not so interdicted.
(E) In consultation with the heads of the Office of
National Drug Control Policy and the United States
Southern Command, a cocaine seizure effectiveness rate,
which is the percentage resulting from dividing the
amount of cocaine seized by the Office of Field
Operations by the total estimated cocaine flow rate at
ports of entry along the United States land border with
Mexico and Canada.
(F) A measurement of how border security operations
affect crossing times, including the following:
(i) A wait time ratio that compares the
average wait times to total commercial and private
vehicular traffic volumes at each land port of
entry.
(ii) An infrastructure capacity utilization
rate that measures traffic volume against the
physical and staffing capacity at each land port
of entry.
(iii) A secondary examination rate that
measures the frequency of secondary examinations
at each land port of entry.
(iv) An enforcement rate that measures the
effectiveness of such secondary examinations at
detecting major violators.
(G) A seaport scanning rate that includes the
following:
(i) The number of all cargo containers that
are considered potentially ``high-risk'', as
determined by the Executive Assistant Commissioner
of the Office of Field Operations.
(ii) A comparison of the number of potentially
high-risk cargo containers scanned by the Office
of Field Operations at each sea port of entry
during a fiscal year to the total number of high-
risk cargo containers entering the United States
at each such sea port of entry during the previous
fiscal year.
[[Page 130 STAT. 2433]]
(iii) The number of potentially high-risk
cargo containers scanned upon arrival at a United
States sea port of entry.
(iv) The number of potentially high-risk cargo
containers scanned before arrival at a United
States sea port of entry.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described
in paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate
components of the Department of Homeland Security; and
(B) where appropriate, work with heads of other
appropriate agencies, including the Office of Refugee
Resettlement of the Department of Health and Human
Services and the Executive Office for Immigration Review
of the Department of Justice.
(3) Manner of collection.--The data collected to inform the
metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
across all United States ports of entry, informed by situational
awareness.
(d) Metrics for Securing the Maritime Border.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall develop
metrics, informed by situational awareness, to measure the
effectiveness of security in the maritime environment. The
Secretary shall annually implement the metrics developed under
this subsection, which shall include the following:
(A) Situational awareness achieved in the maritime
environment.
(B) A known maritime migrant flow rate.
(C) An illicit drugs removal rate for drugs removed
inside and outside of a transit zone, which compares the
amount and type of illicit drugs removed, including
drugs abandoned at sea, by the maritime security
components of the Department of Homeland Security in any
fiscal year to the average of the amount and type of
illicit drugs removed by such maritime components for
the immediately preceding five fiscal years.
(D) In consultation with the heads of the Office of
National Drug Control Policy and the United States
Southern Command, a cocaine removal effectiveness rate
for cocaine removed inside a transit zone and outside a
transit zone, which compares the amount of cocaine
removed by the maritime security components of the
Department of Homeland Security by the total documented
cocaine flow rate, as contained in Federal drug
databases.
(E) A response rate, which compares the ability of
the maritime security components of the Department of
Homeland Security to respond to and resolve known
maritime threats, whether inside or outside a transit
zone, by placing assets on-scene, to the total number of
events with respect to which the Department has known
threat information.
(F) An intergovernmental response rate, which
compares the ability of the maritime security components
of the Department of Homeland Security or other United
[[Page 130 STAT. 2434]]
States Government entities to respond to and resolve
actionable maritime threats, whether inside or outside a
transit zone, with the number of such threats detected.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described
in paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate
components of the Department of Homeland Security; and
(B) where appropriate, work with the heads of other
agencies, including the Drug Enforcement Agency, the
Department of Defense, and the Department of Justice.
(3) Manner of collection.--The data used by the Secretary
shall be collected and reported in a consistent and standardized
manner by the maritime security components of the Department of
Homeland Security, informed by situational awareness.
(e) Air and Marine Security Metrics in the Land Domain.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall develop
metrics, informed by situational awareness, to measure the
effectiveness of the aviation assets and operations of Air and
Marine Operations of U.S. Customs and Border Protection. The
Secretary shall annually implement the metrics developed under
this subsection, which shall include the following:
(A) A flight hour effectiveness rate, which compares
Air and Marine Operations flight hours requirements to
the number of flight hours flown by Air and Marine
Operations.
(B) A funded flight hour effectiveness rate, which
compares the number of funded flight hours appropriated
to Air and Marine Operations to the number of actual
flight hours flown by Air and Marine Operations.
(C) A readiness rate, which compares the number of
aviation missions flown by Air and Marine Operations to
the number of aviation missions cancelled by Air and
Marine Operations due to maintenance, operations, or
other causes.
(D) The number of missions cancelled by Air and
Marine Operations due to weather compared to the total
planned missions.
(E) The number of individuals detected by Air and
Marine Operations through the use of unmanned aerial
systems and manned aircraft.
(F) The number of apprehensions assisted by Air and
Marine Operations through the use of unmanned aerial
systems and manned aircraft.
(G) The number and quantity of illicit drug seizures
assisted by Air and Marine Operations through the use of
unmanned aerial systems and manned aircraft.
(H) The number of times that actionable intelligence
related to border security was obtained through the use
of unmanned aerial systems and manned aircraft.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described
in paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate
components of the Department of Homeland Security; and
[[Page 130 STAT. 2435]]
(B) as appropriate, work with the heads of other
departments and agencies, including the Department of
Justice.
(3) Manner of collection.--The data collected to inform the
metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
by Air and Marine Operations, informed by situational awareness.
(f) Data Transparency.--The Secretary shall--
(1) in accordance with applicable privacy laws, make data
related to apprehensions, inadmissible aliens, drug seizures,
and other enforcement actions available to the public, law
enforcement communities, and academic research communities; and
(2) provide the Office of Immigration Statistics of the
Department of Homeland Security with unfettered access to the
data referred to in paragraph (1).
(g) Evaluation by the Government Accountability Office and the
Secretary.--
(1) Metrics report.--
(A) Mandatory disclosures.--The Secretary shall
submit to the appropriate congressional committees and
the Comptroller General of the United States an annual
report containing the metrics required under this
section and the data and methodology used to develop
such metrics.
(B) Permissible disclosures.--The Secretary, for the
purpose of validation and verification, may submit the
annual report described in subparagraph (A) to--
(i) the Center for Borders, Trade, and
Immigration Research of the Centers of Excellence
network of the Department of Homeland Security;
(ii) the head of a national laboratory within
the Department of Homeland Security laboratory
network with prior expertise in border security;
and
(iii) a Federally Funded Research and
Development Center.
(2) GAO report.--Not later than 270 days after receiving the
first report under paragraph (1)(A) and biennially thereafter
for the following ten years with respect to every other such
report, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report
that--
(A) analyzes the suitability and statistical
validity of the data and methodology contained in each
such report; and
(B) includes recommendations on--
(i) the feasibility of other suitable metrics
that may be used to measure the effectiveness of
border security; and
(ii) improvements that need to be made to the
metrics being used to measure the effectiveness of
border security.
(3) State of the border report.--Not later than 60 days
after the end of each fiscal year through fiscal year 2026, the
Secretary shall submit to the appropriate congressional
committees a ``State of the Border'' report that--
[[Page 130 STAT. 2436]]
(A) provides trends for each metric under this
section for the last ten fiscal years, to the greatest
extent possible;
(B) provides selected analysis into related aspects
of illegal flow rates, including undocumented migrant
flows and stock estimation techniques;
(C) provides selected analysis into related aspects
of legal flow rates; and
(D) includes any other information that the
Secretary determines appropriate.
(4) Metrics update.--
(A) In general.--After submitting the tenth report
to the Comptroller General under paragraph (1), the
Secretary may reevaluate and update any of the metrics
developed in accordance with this section to ensure that
such metrics are suitable to measure the effectiveness
of border security.
(B) Congressional notification.--Not later than 30
days before updating the metrics pursuant to
subparagraph (A), the Secretary shall notify the
appropriate congressional committees of such updates.
SEC. 1093. <<NOTE: 36 USC 101 note prec.>> PROGRAM TO COMMEMORATE
THE 100TH ANNIVERSARY OF THE TOMB OF THE
UNKNOWN SOLDIER.
(a) Commemorative Program.--
(1) In general.--The Secretary of Defense shall conduct a
program to commemorate the 100th anniversary of the Tomb of the
Unknown Soldier. In conducting the commemorative program, the
Secretary shall coordinate, support, and facilitate other
programs and activities of the Federal Government and State and
local governments.
(2) Work with nongovernmental organizations.--In conducting
the commemorative program, the Secretary may work with
nongovernmental organizations working to support the
commemoration of the Tomb of the Unknown Soldier. No public
funds may be used to undertake activities sponsored by such
organizations.
(b) Schedule.--The Secretary shall determine the schedule of major
events and priority of efforts for the commemorative program in order to
ensure achievement of the objectives specified in subsection (c).
(c) Commemorative Activities and Objectives.--The commemorative
program may include activities and ceremonies to achieve the following
objectives:
(1) To honor America's commitment to never forget or forsake
those who served and sacrificed for our Country, including
personnel who were held as prisoners of war or listed as missing
in action, and to thank and honor the families of these
veterans.
(2) To highlight the service of the Armed Forces in times of
war or armed conflict and contributions of Federal agencies and
governmental and nongovernmental organizations that served with,
or in support of, the Armed Forces.
(3) To pay tribute to the contributions made on the home
front by the people of the United States in times of war or
armed conflict.
[[Page 130 STAT. 2437]]
(4) To educate the American Public about service and
sacrifice on behalf of the United States of America and the
principles that define and unite us.
(5) To recognize the contributions and sacrifices made by
the allies of the United States during times of war or armed
conflict.
(d) Names and Symbols.--The Secretary shall have the sole and
exclusive right to use the name ``The United States of America Tomb of
the Unknown Soldier Commemoration'', and such seal, emblems, and badges
incorporating such name as the Secretary may lawfully adopt. Nothing in
this section may be construed to supersede rights that are established
or vested before the date of the enactment of this Act.
(e) Commemoration Fund.--
(1) In general.--Upon the establishment of the commemorative
program under subsection (a), the Secretary of the Treasury
shall establish in the Treasury of the United States an account
to be known as the ``Tomb of the Unknown Soldier Commemoration
Fund'' (in this subsection referred to as the ``Fund''). The
Fund shall be administered by the Secretary of Defense.
(2) Deposits.--There shall be deposited into the Fund the
following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary
of Defense of the exclusive rights described in
subsection (d).
(C) Donations made in support of the commemorative
program by private and corporate donors.
(D) Funds transferred to the Fund by the Secretary
of Defense from funds appropriated for fiscal year 2017
and subsequent years for the Department of Defense.
(3) Use of fund.--The Secretary of Defense shall use the
assets of the Fund only for the purpose of conducting the
commemorative program. The Secretary shall prescribe such
regulations regarding the use of the Fund as the Secretary
considers appropriate.
(4) Availability.--Amounts deposited under paragraph (2)
shall constitute the assets of the Fund and remain available
until expended.
(5) Budget request.--The Secretary of Defense may establish
a separate budget line for the commemorative program. In the
budget justification materials submitted by the Secretary in
support of the budget of the President for any fiscal year for
which the Secretary establishes the separate budget line (as
submitted to Congress pursuant to section 1105 of title 31,
United States Code), the Secretary shall--
(A) identify and explain any amounts expended for
the commemorative program in the fiscal year preceding
the budget request;
(B) identify and explain the amounts being requested
to support the commemorative program for the fiscal year
of the budget request; and
(C) present a summary of the fiscal status of the
Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary of
[[Page 130 STAT. 2438]]
Defense may accept from any person voluntary services to be
provided in furtherance of the commemorative program. The
Secretary shall prohibit the solicitation of any voluntary
services if the nature or circumstances of such solicitation
would compromise the integrity or the appearance of integrity of
any program of the Department of Defense or of any individual
involved in the program.
(2) Reimbursement of incidental expenses.--The Secretary may
provide for reimbursement of incidental expenses incurred by a
person providing voluntary services under this subsection. The
Secretary shall determine which expenses are eligible for
reimbursement under this paragraph.
(g) Final Report.--Not later than 60 days after the end of the
commemorative program, if established by the Secretary of Defense under
subsection (a), the Secretary shall submit to Congress a report
containing an accounting of the following:
(1) All of the funds deposited into and expended from the
Tomb of the Unknown Soldier Commemoration Fund.
(2) Any other funds expended under this section.
(3) Any unobligated funds remaining in the Fund.
SEC. 1094. SENSE OF CONGRESS REGARDING THE OCONUS BASING OF THE
KC-46A AIRCRAFT.
(a) Finding.--Congress finds that the Department of Defense is
continuing its process of permanently stationing the KC-46A aircraft at
installations in the Continental United States (in this section referred
to as ``CONUS'') and forward-basing outside the Continental United
States (in this section referred to as ``OCONUS'').
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Air Force, as part of the strategic basing process for
the KC-46A aircraft, should continue to place emphasis on and consider
the benefits derived from outside the continental United States (OCONUS)
locations that--
(1) support day-to-day air refueling operations, combatant
commander operations plans, and flexibility for contingency ops,
and have--
(A) a strategic location that is essential to the
defense of the United States and its interests;
(B) receivers for boom or probe-and-drogue training
opportunities with joint and international partners; and
(C) sufficient airfield and airspace availability
and capacity to meet requirements; and
(2) possess facilities that--
(A) take full advantage of existing infrastructure
to provide--
(i) runway, hangars, and aircrew and
maintenance operations; and
(ii) sufficient fuels receipt, storage, and
distribution for 5-day peacetime operating stock;
and
(B) minimize overall construction and operational
costs.
SEC. 1095. DESIGNATION OF A DEPARTMENT OF DEFENSE STRATEGIC ARCTIC
PORT.
(a) Sense of Congress.--It is the sense of Congress that the Arctic
is a region of growing strategic importance to the national security
interest of the United States and that the Department
[[Page 130 STAT. 2439]]
of Defense must better align its posture and capabilities to meet the
growing array of challenges in the region.
(b) Arctic Defined.--In this section, the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research and Policy
Act of 1984 (15 U.S.C. 4111).
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, the Commanding General of the
United States Army Corps of Engineers, the Commandant of the Coast
Guard, and the Administrator of the Maritime Administration, shall
submit to the congressional defense committees a report containing an
assessment of the future security requirements for one or more strategic
ports in the Arctic.
(d) Contents of Report.--Consistent with the updated military
strategy for the protection of United States national security interests
in the Arctic region set forth in the reports required under section
1068 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 992), the report required under subsection
(c) shall include--
(1) the amount of sufficient and suitable space needed to
create capacity for port and other necessary infrastructure for
at least one of each of type of Navy or Coast Guard vessel,
including an Arleigh Burke class destroyer of the Navy, or a
national security cutter or a heavy polar ice breaker of the
Coast Guard;
(2) the amount of sufficient and suitable space needed to
create capacity for equipment and fuel storage, technological
infrastructure, and civil infrastructure to support military and
civilian operations, including--
(A) aerospace warning;
(B) maritime surface and subsurface warning;
(C) maritime control and defense;
(D) maritime domain awareness;
(E) homeland defense;
(F) defense support to civil authorities;
(G) humanitarian relief;
(H) search and rescue;
(I) disaster relief;
(J) oil spill response;
(K) medical stabilization and evacuation; and
(L) meteorological measurements and forecasting;
(3) an identification of proximity and road access to an
airport designated as a commercial service airport by the
Federal Aviation Administration that is capable of supporting
military and civilian aircraft for operations designated in
paragraph (2); and
(4) a description of the requirements, to include
infrastructure and installations, communications, and logistics
necessary to improve response effectiveness to support military
and civilian operations designated in paragraph (2).
(e) Designation of Strategic Arctic Ports.--
(1) Designation criteria and recommendations.--Upon
completion of the report required under subsection (c), the
Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, the Commanding General of the United
States Army Corps of Engineers, the Commandant of
[[Page 130 STAT. 2440]]
the Coast Guard, the Administrator of the Maritime
Administration, shall--
(A) establish criteria for the designation of a port
as a ``Department of Defense Strategic Arctic Port'';
and
(B) if the report required under subsection (c)
includes a determination that one or more strategic
Arctic ports are necessary to fulfill future security
requirements in the Arctic, not later than 18 months
after the date of the completion of the report, submit
to the congressional defense committees recommendations
for the designation of one or more ports as Department
of Defense Strategic Arctic Ports.
(2) Cost estimates.--The recommendations submitted under
paragraph (1)(B) shall include the estimated cost of sufficient
construction necessary to initiate and sustain expected
operations at the ports designated as Department of Defense
Strategic Arctic Ports.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize any additional appropriations for the Department of Defense
for the establishment of any port recommended pursuant to this section.
SEC. 1096. RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS
GRANTED TO FOREIGN COUNTRIES AND
TRANSFER TO CERTAIN PERSONS.
(a) Recovery.--Subchapter II of chapter 407 of title 36, United
States Code, is amended by inserting after section 40728A the following
new section:
``Sec. 40728B. <<NOTE: 36 USC 40728B.>> Recovery of excess
rifles, ammunition, and parts granted to
foreign countries and transfer to certain
persons
``(a) Authority to Recover.--(1) Subject to paragraph (2) and
subsection (b), the Secretary of the Army may acquire from any person
any rifle, ammunition, repair parts, or other supplies described in
section 40731(a) of this title which were--
``(A) provided to any country on a grant basis under the
conditions imposed by section 505 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2314) that became excess to the needs of such
country; and
``(B) lawfully acquired by such person.
``(2) The Secretary of the Army may not acquire anything under
paragraph (1) except for transfer to a person in the United States under
subsection (c).
``(3) The Secretary of the Army may accept rifles, ammunition,
repair parts, or other supplies under paragraph (1) notwithstanding
section 1342 of title 31.
``(b) Cost of Recovery.--The Secretary of the Army may not acquire
anything under subsection (a) if the United States would incur any cost
for such acquisition.
``(c) Availability for Transfer.--Any rifles, ammunition, repair
parts, or supplies acquired under subsection (a) shall be available for
transfer in the United States to the person from whom acquired if such
person--
``(1) is licensed as a manufacturer, importer, or dealer
pursuant to section 923(a) of title 18; and
[[Page 130 STAT. 2441]]
``(2) uses an ammunition depot of the Army that is an
eligible facility for receipt of any rifles, ammunition, repair
parts, or supplies under this paragraph.
``(d) Market Value.--The Secretary of the Army may only transfer an
item under subsection (c) if the Secretary receives fair market value
for the item.
``(e) Contracts.--Notwithstanding subsection (k) of section 2304 of
title 10, the Secretary may enter into such contracts or cooperative
agreements on a sole source basis pursuant to paragraphs (4) and (5) of
subsection (c) of such section to carry out this section.
``(f) AECA.--Transfers authorized under this section may only be
made in accordance with applicable provisions of the Arms Export Control
Act (22 U.S.C. 2778).
``(g) Rifle Defined.--In this section, the term `rifle' has the
meaning given such term in section 921 of title 18.''.
(b) Sale.--Section 40732 of such title is amended--
(1) by adding at the end the following new subsection:
``(d) Sales by Other Persons.--A person who receives a rifle or any
ammunition, repair parts, or supplies under section 40728B(c) of this
title may sell, at fair market value, such rifle, ammunition, repair
parts, or supplies. With respect to rifles other than caliber .22
rimfire and caliber .30 rifles, the seller shall obtain a license as a
dealer in rifles and abide by all requirements imposed on persons
licensed under chapter 44 of title 18, including maintaining acquisition
and disposition records, and conducting background checks.''; and
(2) in subsection (c)(1), by striking ``The corporation may
not'' and inserting ``No person acquiring a firearm under this
chapter may''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 407 of such title <<NOTE: 36 USC 40701 prec.>> is amended by
inserting after the item relating to section 40728A the following new
item:
``40728B. Recovery of excess rifles, ammunition, and parts granted to
foreign countries and transfer to certain persons.''.
(d) <<NOTE: 36 USC 40728B note.>> Report.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives a report on the acquisition and transfer of
excess rifles, ammunition, repair parts, and other supplies
described in section 40731(a) of title 36, United States Code,
that were provided to a country on a grant basis under the
conditions imposed by section 505 of the Foreign Assistance Act
of 1961. The report shall include each of the following:
(A) A list of excess rifles, ammunition, repair
parts, and other supplies known to the United States
Army as eligible for transfer under section 40731(a) of
title 36, United States Code.
(B) An assessment of whether and how the Secretary
of the Army intends to use the authorities under section
40728B of title 36, United States Code, as added by this
section.
[[Page 130 STAT. 2442]]
(C) Any other issue that the Secretary of the Army
considers appropriate.
(2) Prohibition on transfers pending submittal of report.--
No rifle, ammunition, repair part, or supplies acquired under
section 40728B(a) of title 36, United States Code, may be
transferred until the date that is 90 days after the date of the
submittal of the report required under paragraph (1).
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.
[[Page 130 STAT. 2443]]
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.
Subtitle A--Department of Defense Matters Generally
SEC. 1101. CIVILIAN PERSONNEL MANAGEMENT.
(a) Modification of Management Limitations.--Section 129 of title
10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``solely'';
(B) in the second sentence--
(i) by striking ``The management of such
personnel in any fiscal year shall not be subject
to any'' and inserting ``Any''; and
(ii) by inserting before the period the
following: ``shall be developed on the basis of
those factors and shall be subject to adjustment
solely for reasons of changed circumstances''; and
(C) in the third sentence, by striking ``unless such
reduction'' and all that follows and inserting ``except
in accordance with the requirements of this section and
section 129a of this title.'';
(2) by striking subsections (b), (c), (e), and (f);
(3) by redesignating subsection (d) as subsection (b); and
(4) by adding at the end the following new subsection (c):
``(c)(1) Not later than February 1 of each year--
``(A) the Secretary of Defense shall submit to the
congressional defense committees a report on the management of
the civilian workforce of the Office of the Secretary of Defense
and the Defense Agencies and Field Activities; and
``(B) the Secretary of each military department shall submit
to the congressional defense committees a report on the
management of the civilian workforces under the jurisdiction of
such Secretary.
``(2) Each report under paragraph (1) shall contain, with respect to
the civilian workforce under the jurisdiction of the official submitting
the report, the following:
``(A) An assessment of the projected size of such civilian
workforce in the current year and for each year in the future-
years defense program.
``(B) If the projected size of such civilian workforce has
changed from the previous year's projected size, an explanation
of the reasons for the increase or decrease from the previous
projection, including an explanation of any efforts that have
been taken to identify offsetting reductions and avoid
unnecessary overall growth in the size of the civilian
workforce.
``(C) In the case of a transfer of functions between
military, civilian, and contractor workforces, an explanation of
the reasons for the transfer and the steps that have been taken
to control the overall cost of the function to the
Department.''.
(b) Conforming Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
[[Page 130 STAT. 2444]]
``Sec. 129. Civilian personnel management''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 3 of such
title <<NOTE: 10 USC 121 prec.>> is amended to read as follows:
``129. Civilian personnel management.''.
SEC. 1102. REPEAL OF REQUIREMENT FOR ANNUAL STRATEGIC WORKFORCE
PLAN FOR THE DEPARTMENT OF DEFENSE.
(a) Repeal.--Section 115b of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 2 of such title <<NOTE: 10 USC 111 prec.>> is amended by
striking the item relating to section 115b.
SEC. 1103. TRAINING FOR EMPLOYMENT PERSONNEL OF DEPARTMENT OF
DEFENSE ON MATTERS RELATING TO
AUTHORITIES FOR RECRUITMENT AND
RETENTION AT UNITED STATES CYBER
COMMAND.
(a) Training Required.--Section 1599f of title 10, United States
Code, is amended--
(1) by redesignating subsections (f), (g), (h), (i), and (j)
as subsections (g), (h), (i), (j), and (k), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Training.--(1) The Secretary shall provide training to covered
personnel on hiring and pay matters relating to authorities under this
section.
``(2) For purposes of this subsection, covered personnel are
employees of the Department who--
``(A) carry out functions relating to--
``(i) the management of human resources and the
civilian workforce of the Department; or
``(ii) the writing of guidance for the
implementation of authorities regarding hiring and pay
under this section; or
``(B) are employed in supervisory positions or have
responsibilities relating to the hiring of individuals for
positions in the Department and to whom the Secretary intends to
delegate authority under this section.''.
(b) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress (as defined in
section 1599f of title 10, United States Code) a report on the
training the Secretary intends to provide to each of the
employees described in subsection (f)(2) of such section (as
added by subsection (a) of this section) and the frequency with
which the Secretary intends to provide such training.
(2) Ongoing reports.--Subsection (h)(2)(E) of such section,
as redesignated by subsection (a)(1) of this section, is amended
by striking ``supervisors of employees in qualified positions at
the Department on the use of the new authorities'' and inserting
``employees described in subsection (f)(2) on the use of
authorities under this section''.
[[Page 130 STAT. 2445]]
SEC. 1104. PUBLIC-PRIVATE TALENT EXCHANGE.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599g. <<NOTE: 10 USC 1599g.>> Public-private talent
exchange
``(a) Assignment Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary may, with the agreement of a
private-sector organization and the consent of the employee, arrange for
the temporary assignment of an employee to such private-sector
organization, or from such private-sector organization to a Department
of Defense organization under this section.
``(b) Agreements.--(1) The Secretary of Defense shall provide for a
written agreement among the Department of Defense, the private-sector
organization, and the employee concerned regarding the terms and
conditions of the employee's assignment under this section. The
agreement--
``(A) shall require that the employee of the Department of
Defense, upon completion of the assignment, will serve in the
Department of Defense, or elsewhere in the civil service if
approved by the Secretary, for a period equal to twice the
length of the assignment;
``(B) shall provide that if the employee of the Department
of Defense or of the private-sector organization (as the case
may be) fails to carry out the agreement, such employee shall be
liable to the United States for payment of all expenses of the
assignment, unless that failure was for good and sufficient
reason, as determined by the Secretary of Defense; and
``(C) shall contain language ensuring that such employee of
the Department does not improperly use pre-decisional or draft
deliberative information that such employee may be privy to or
aware of related to Department programing, budgeting,
resourcing, acquisition, or procurement for the benefit or
advantage of the private-sector organization.
``(2) An amount for which an employee is liable under paragraph (1)
shall be treated as a debt due the United States.
``(3) The Secretary may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not in the
best interests of the United States, after taking into account any
indication of fraud, misrepresentation, fault, or lack of good faith on
the part of the employee.
``(c) Termination.--An assignment under this section may, at any
time and for any reason, be terminated by the Department of Defense or
the private-sector organization concerned.
``(d) Duration.--(1) An assignment under this section shall be for a
period of not less than three months and not more than two years,
renewable up to a total of four years. No employee of the Department of
Defense may be assigned under this section for more than a total of 4
years inclusive of all such assignments.
``(2) An assignment under this section may be for a period in excess
of two years, but not more than four years, if the Secretary determines
that such assignment is necessary to meet critical mission or program
requirements.
``(e) Status of Federal Employees Assigned to Private-sector
Organizations.--(1) An employee of the Department of Defense who is
assigned to a private-sector organization under this section shall be
considered, during the period of assignment,
[[Page 130 STAT. 2446]]
to be on detail to a regular work assignment in the Department for all
purposes. The written agreement established under subsection (b)(1)
shall address the specific terms and conditions related to the
employee's continued status as a Federal employee.
``(2) In establishing a temporary assignment of an employee of the
Department of Defense to a private-sector organization, the Secretary of
Defense shall--
``(A) ensure that the normal duties and functions of such
employee can be reasonably performed by other employees of the
Department of Defense without the transfer or reassignment of
other personnel of the Department of Defense, including members
of the armed forces;
``(B) ensure that the normal duties and functions of such
employees are not, as a result of and during the course of such
temporary assignment, performed or augmented by contractor
personnel in violation of the provisions of section 2461 of this
title; and
``(C) certify that the temporary assignment of such employee
shall not have an adverse or negative impact on mission
attainment, warfighter support, or organizational capabilities
associated with the assignment.
``(f) Terms and Conditions for Private-sector Employees.--An
employee of a private-sector organization who is assigned to a
Department of Defense organization under this section--
``(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is assigned
and shall not receive pay or benefits from the Department of
Defense, except as provided in paragraph (2);
``(2) is deemed to be an employee of the Department of
Defense for the purposes of--
``(A) chapters 73 and 81 of title 5;
``(B) sections 201, 203, 205, 207, 208, 209, 603,
606, 607, 643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other
Federal tort liability statute;
``(E) the Ethics in Government Act of 1978; and
``(F) chapter 21 of title 41;
``(3) shall not have access to any trade secrets or to any
other nonpublic information which is of commercial value to the
private-sector organization from which such employee is
assigned;
``(4) may perform work that is considered inherently
governmental in nature only when requested in writing by the
Secretary of Defense; and
``(5) may not be used to circumvent the provision of section
2461 of this title nor to circumvent any limitation or
restriction on the size of the Department's workforce.
``(g) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge the Department
or any other agency of the Federal Government, as direct or indirect
costs under a Federal contract, the costs of pay or benefits paid by the
organization to an employee assigned to a Department organization under
this section for the period of the assignment.
``(h) Considerations.--In carrying out this section, the Secretary
of Defense--
[[Page 130 STAT. 2447]]
``(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are from small business
concerns (as defined by section 3703(e)(2)(A) of title 5);
``(2) shall take into consideration the question of how
assignments under this section might best be used to help meet
the needs of the Department of Defense with respect to the
training of employees; and
``(3) shall take into consideration, where applicable, areas
of particular private sector expertise, such as
cybersecurity.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC 1580 prec.>> is amended by
adding at the end the following new item:
``1599g. Public-private talent exchange.''.
SEC. 1105. <<NOTE: 10 USC 1580 note prec.>> TEMPORARY AND TERM
APPOINTMENTS IN THE COMPETITIVE SERVICE
IN THE DEPARTMENT OF DEFENSE.
(a) Appointment.--
(1) In general.--The Secretary of Defense may make a
temporary appointment or a term appointment in the Department
when the need for the services of an employee in the Department
is not permanent.
(2) Extension.--The Secretary may extend a temporary
appointment or a term appointment made under paragraph (1).
(b) Appointments for Critical Hiring Needs.--
(1) In general.--If there is a critical hiring need, the
Secretary of Defense may make a noncompetitive temporary
appointment or a noncompetitive term appointment in the
Department of Defense, without regard to the requirements of
sections 3327 and 3330 of title 5, United States Code, for a
period that is not more than 18 months.
(2) No extension available.--An appointment made under
paragraph (1) may not be extended.
(c) Regulations.--The Secretary may prescribe regulations to carry
out this section.
(d) Definitions.--In this section:
(1) The term ``temporary appointment'' means the appointment
of an employee in the competitive service for a period that is
not more than one year.
(2) The term ``term appointment'' means the appointment of
an employee in the competitive service for a period that is more
than one year and not more than five years, unless the Secretary
of Defense, before the appointment of the employee, authorizes a
longer period.
SEC. 1106. <<NOTE: 10 USC 1580 note prec.>> DIRECT-HIRE AUTHORITY
FOR THE DEPARTMENT OF DEFENSE FOR POST-
SECONDARY STUDENTS AND RECENT GRADUATES.
(a) Hiring Authority.--Without regard to sections 3309 through 3318,
3327, and 3330 of title 5, United States Code, the Secretary of Defense
may recruit and appoint qualified recent graduates and current post-
secondary students to competitive service positions in professional and
administrative occupations within the Department of Defense.
(b) Limitation on Appointments.--Subject to subsection (c)(2), the
total number of employees appointed by the Secretary under
[[Page 130 STAT. 2448]]
subsection (a) during a fiscal year may not exceed the number equal to
15 percent of the number of hires made into professional and
administrative occupations of the Department at the GS-11 level and
below (or equivalent) under competitive examining procedures during the
previous fiscal year.
(c) Regulations.--
(1) In general.--The Secretary shall administer this section
in accordance with regulations prescribed by the Secretary for
purposes of this section.
(2) Lower limit on appointments.--The regulations may
establish a lower limit on the number of individuals appointable
under subsection (a) during a fiscal year than is otherwise
provided for under subsection (b), based on such factors as the
Secretary considers appropriate.
(3) Public notice and advertising.--To the extent practical,
as determined by the Secretary, the Secretary shall publicly
advertise positions available under this section. In carrying
out the preceding sentence, the Secretary shall--
(A) take into account merit system principles,
mission requirements, costs, and organizational benefits
of any advertising of positions; and
(B) advertise such positions in the manner the
Secretary determines is most likely to provide diverse
and qualified candidates and ensure potential applicants
have appropriate information relevant to the positions
available.
(d) Sunset.--The authority provided under this section shall
terminate on September 30, 2021.
(e) Definitions.--In this section:
(1) The term ``current post-secondary student'' means a
person who--
(A) is currently enrolled in, and in good academic
standing at, a full-time program at an institution of
higher education;
(B) is making satisfactory progress toward receipt
of a baccalaureate or graduate degree; and
(C) has completed at least one year of the program.
(2) The term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(3) The term ``recent graduate'', with respect to
appointment of a person under this section, means a person who
was awarded a degree by an institution of higher education not
more than two years before the date of the appointment of such
person, except that in the case of a person who has completed a
period of obligated service in a uniformed service of more than
four years, such term means a person who was awarded a degree by
an institution of higher education not more than four years
before the date of the appointment of such person.
SEC. 1107. <<NOTE: 5 USC 9902 note.>> TEMPORARY INCREASE IN
MAXIMUM AMOUNT OF VOLUNTARY SEPARATION
INCENTIVE PAY AUTHORIZED FOR CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
During the period beginning on the date of enactment of this Act and
ending on September 30, 2018, section 9902(f)(5)(A)(ii) of title 5,
United States Code, shall be applied by substituting
[[Page 130 STAT. 2449]]
``an amount determined by the Secretary, not to exceed $40,000'' for
``$25,000''.
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.
Section 5542(a)(6)(B) of title 5, United States Code, is amended by
striking ``September 30, 2017'' and inserting ``September 30, 2018''.
SEC. 1109. <<NOTE: 5 USC 3133 note.>> LIMITATION ON NUMBER OF DOD
SES POSITIONS.
(a) Limitation on Number of DOD SES Positions.--
(1) In general.--Not later than December 31, 2022, the total
number of Senior Executive Service positions authorized under
section 3133 of title 5, United States Code, for the Department
of Defense may not exceed 1,260.
(2) Highly qualified experts.--Of the total number of
positions authorized under paragraph (1), not more than 200 of
such positions may be occupied by an individual appointed under
the authority provided in section 9903 of such title.
(b) Plan to Achieve Required Limitation.--
(1) In general.--The Secretary of Defense shall develop a
plan to achieve the limitation required by subsection (a) that
includes--
(A) the distribution of Senior Executive Service
positions across the Office of the Secretary of Defense,
the Joint Staff, the Military Departments, the Defense
Agencies and Field Activities, the unified and specified
combatant commands, and other key elements of the
Department of Defense;
(B) the by-year reductions to Senior Executive
Service positions consistent with the distribution
required under subparagraph (A); and
(C) recommendations for any legislative action that
may be necessary for personnel management and shaping
authorities to achieve the required limitation.
(2) Submission of plan.--Not less than one year after the
date of the enactment of this Act, 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 paragraph (1).
(3) Progress reports.--The Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives semi-annual progress report
briefings describing and assessing the progress of the Secretary
in implementing the plan developed under paragraph (1).
(c) Conforming Amendment.--Section 3133(c) of title 5, United States
Code, is amended by adding at the end the following new sentence:
``Beginning in 2023, the number of such positions authorized under the
preceding sentence for the Department of Defense may not exceed the
limitation provided in section 1109 of the National Defense
Authorization Act for Fiscal Year 2017.''.
(d) Definition of Senior Executive Service Position.--In this
section, the term ``Senior Executive Service position'' has the meaning
given such term in section 3132(a)(2) of title 5, United States Code.
[[Page 130 STAT. 2450]]
SEC. 1110. <<NOTE: 10 USC 1580 note prec.>> DIRECT HIRE AUTHORITY
FOR FINANCIAL MANAGEMENT EXPERTS IN THE
DEPARTMENT OF DEFENSE WORKFORCE.
(a) Authority.--Each Secretary concerned may appoint qualified
candidates possessing a finance, accounting, management, or actuarial
science degree, or a related degree or equivalent experience, to
positions specified in subsection (c) for the Defense Agencies or the
applicable military department without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code.
(b) Secretary Concerned.--For purposes of this section, the
Secretary concerned is as follows:
(1) The Secretary of Defense with respect to the Defense
Agencies.
(2) The Secretary of a military department with respect to
such military department.
(c) Positions.--The positions specified in this subsection are the
positions within the Department of Defense workforce as follows:
(1) Financial management positions.
(2) Accounting positions.
(3) Auditing positions.
(4) Actuarial positions.
(5) Cost estimation positions.
(6) Operational research positions.
(7) Business and business administration positions.
(d) Limitation.--Authority under this section may not, in any
calendar year and with respect to any Defense Agency or military
department, be exercised with respect to a number of candidates greater
than the number equal to 10 percent of the total number of the financial
management, accounting, auditing, and actuarial positions within the
financial management workforce of such Defense Agency or military
department that are filled as of the close of the fiscal year last
ending before the start of such calendar year.
(e) Nature of Appointment.--Any appointment under this section shall
be treated as an appointment on a full-time equivalent basis, unless
such appointment is made on a term or temporary basis.
(f) Employee Defined.--In this section, the term ``employee'' has
the meaning given that term in section 2105 of title 5, United States
Code.
(g) Termination.--The authority to make appointments under this
section shall not be available after December 31, 2022.
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.
Section 3326(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by adding ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (3).
[[Page 130 STAT. 2451]]
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.
(a) Permanent Personnel Management Authority.--
(1) In general.--Chapter 81 of title 10, United States Code,
as amended by section 1104 of this Act, is further amended by
adding at the end the following new section:
``Sec. 1599h. <<NOTE: 10 USC 1599h.>> Personnel management
authority to attract experts in science and
engineering
``(a) Programs Authorized.--
``(1) Laboratories of the military departments.--The
Secretary of Defense may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or
engineering for such laboratories of the military departments as
the Secretary shall designate for purposes of the program for
research and development projects of such laboratories.
``(2) DARPA.--The Director of the Defense Advanced Research
Projects Agency may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering for
research and development projects and to enhance the
administration and management of the Agency.
``(3) DOTE.--The Director of the Office of Operational Test
and Evaluation may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering to
support operational test and evaluation missions of the Office.
``(b) Personnel Management Authority.--Under a program under
subsection (a), the official responsible for administration of the
program may--
``(1) without regard to any provision of title 5 governing
the appointment of employees in the civil service--
``(A) in the case of the laboratories of the
military departments designated pursuant to subsection
(a)(1), appoint scientists and engineers to a total of
not more than 40 scientific and engineering positions in
such laboratories;
``(B) in the case of the Defense Advanced Research
Projects Agency, appoint individuals to a total of not
more than 100 positions in the Agency, of which not more
than 5 such positions may be positions of administration
or management of the Agency; and
``(C) in the case of the Office of Operational Test
and Evaluation, appoint scientists and engineers to a
total of not more than 10 scientific and engineering
positions in the Office;
``(2) notwithstanding any provision of title 5 governing the
rates of pay or classification of employees in the executive
[[Page 130 STAT. 2452]]
branch, prescribe the rates of basic pay for positions to which
employees are appointed under paragraph (1)--
``(A) in the case of employees appointed pursuant to
paragraph (1)(B) to any of 5 positions designated by the
Director of the Defense Advanced Research Projects
Agency for purposes of this subparagraph, at rates not
in excess of a rate equal to 150 percent of the maximum
rate of basic pay authorized for positions at Level I of
the Executive Schedule under section 5312 of title 5;
and
``(B) in the case of any other employee appointed
pursuant to paragraph (1), at rates not in excess of the
maximum rate of basic pay authorized for senior-level
positions under section 5376 of title 5; and
``(3) pay any employee appointed under paragraph (1), other
than an employee appointed to a position designated as described
in paragraph (2)(A), payments in addition to basic pay within
the limit applicable to the employee under subsection (d).
``(c) Limitation on Term of Appointment.--
``(1) In general.--Except as provided in paragraph (2), the
service of an employee under an appointment under subsection
(b)(1) may not exceed four years.
``(2) Extension.--The official responsible for the
administration of a program under subsection (a) may, in the
case of a particular employee under the program, extend the
period to which service is limited under paragraph (1) by up to
two years if the official determines that such action is
necessary to promote the efficiency of a laboratory of a
military department, the Defense Advanced Research Projects
Agency, or the Office of Operational Test and Evaluation, as
applicable.
``(d) Maximum Amount of Additional Payments Payable.--
Notwithstanding any other provision of this section or section 5307 of
title 5, no additional payments may be paid to an employee under
subsection (b)(3) in any calendar year if, or to the extent that, the
employee's total annual compensation in such calendar year will exceed
the maximum amount of total annual compensation payable at the salary
set in accordance with section 104 of title 3.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 81 of such title, <<NOTE: 10 USC 1580
prec.>> as so amended, is further amended by adding at the end
the following new item:
``1599h. Personnel management authority to attract experts in science
and engineering.''.
(b) Repeal of Superseded Authority.--Section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 5 U.S.C. 3104 note) is repealed.
(c) <<NOTE: 10 USC 1599h note.>> Applicability of Personnel
Management Authority to Personnel Currently Employed Under Superseded
Authority.--
(1) In general.--Any individual employed as of the date of
the enactment of this Act under section 1101(b)(1) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(5 U.S.C. 3104 note) (as in effect on the day before such date)
shall remain employed under section 1599h of title 10, United
States Code (as added by subsection (a)), after
[[Page 130 STAT. 2453]]
such date in accordance with such section 1599h and the
applicable program carried out under such section 1599h.
(2) Date of appointment.--For purposes of subsection (c) of
section 1599h of title 10, United States Code (as so added), the
date of the appointment of any employee who remains employed as
described in paragraph (1) shall be the date of the appointment
of such employee under section 1101(b)(1) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5
U.S.C. 3104 note) (as so in effect).
SEC. 1122. CODIFICATION AND MODIFICATION OF CERTAIN AUTHORITIES
FOR CERTAIN POSITIONS AT DEPARTMENT OF
DEFENSE RESEARCH AND ENGINEERING
LABORATORIES.
(a) Codification.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2358 the following
new section:
``Sec. 2358a. <<NOTE: 10 USC 2358a.>> Authorities for certain
positions at science and technology
reinvention laboratories
``(a) Authority to Make Direct Appointments.--
``(1) Candidates for scientific and engineering positions at
science and technology reinvention laboratories.--The director
of any Science and Technology Reinvention Laboratory
(hereinafter in this section referred to as an `STRL') may
appoint qualified candidates possessing a bachelor's degree to
positions described in paragraph (1) of subsection (b) as an
employee in a laboratory described in that paragraph without
regard to the provisions of subchapter I of chapter 33 of title
5 (other than sections 3303 and 3328 of such title).
``(2) Veteran candidates for similar positions at research
and engineering facilities.--The director of any STRL may
appoint qualified veteran candidates to positions described in
paragraph (2) of subsection (b) as an employee at a laboratory,
agency, or organization specified in that paragraph without
regard to the provisions of subchapter I of chapter 33 of title
5.
``(3) Students enrolled in scientific and engineering
programs.--The director of any STRL may appoint qualified
candidates enrolled in a program of undergraduate or graduate
instruction leading to a bachelor's or an advanced degree in a
scientific, technical, engineering or mathematical course of
study at an institution of higher education (as that term is
defined in sections 101 and 102 of the Higher Education Act of
1965 (20 U.S.C. 1001, 1002)) to positions described in paragraph
(3) of subsection (b) as an employee in a laboratory described
in that paragraph without regard to the provisions of subchapter
I of chapter 33 of title 5 (other than sections 3303 and 3328 of
such title).
``(4) Noncompetitive conversion to permanent appointment.--
With respect to any student appointed by the director of an STRL
under paragraph (3) to a temporary or term appointment, upon
graduation from the applicable institution of higher education
(as defined in such paragraph), the director may
noncompetitively convert such student to a permanent
[[Page 130 STAT. 2454]]
appointment within the STRL without regard to the provisions of
subchapter I of chapter 33 of title 5 (other than sections 3303
and 3328 of such title), provided the student meets all
eligibility and Office of Personnel Management qualification
requirements for the position.
``(b) Covered Positions.--
``(1) Candidates for scientific and engineering positions.--
The positions described in this paragraph are scientific and
engineering positions that may be temporary, term, or permanent
in any laboratory designated by section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 10 U.S.C. 2358 note) as a Department of Defense science and
technology reinvention laboratory.
``(2) Qualified veteran candidates.--The positions described
in this paragraph are scientific, technical, engineering, and
mathematics positions, including technicians, in the following:
``(A) Any laboratory referred to in paragraph (1).
``(B) Any other Department of Defense research and
engineering agency or organization designated by the
Secretary for purposes of subsection (a)(2).
``(3) Candidates enrolled in scientific and engineering
programs.--The positions described in this paragraph are
scientific and engineering positions that may be temporary or
term in any laboratory designated by section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 10 U.S.C. 2358 note) as a Department of Defense
science and technology reinvention laboratory.
``(c) Limitation on Number of Appointments Allowable in a Calendar
Year.--The authority under subsection (a) may not, in any calendar year
and with respect to any laboratory, agency, or organization described in
subsection (b), be exercised with respect to a number of candidates
greater than the following:
``(1) In the case of a laboratory described in subsection
(b)(1), with respect to appointment authority under subsection
(a)(1), the number equal to 6 percent of the total number of
scientific and engineering positions in such laboratory that are
filled as of the close of the fiscal year last ending before the
start of such calendar year.
``(2) In the case of a laboratory, agency, or organization
described in subsection (b)(2), with respect to appointment
authority under subsection (a)(2), the number equal to 3 percent
of the total number of scientific, technical, engineering,
mathematics, and technician positions in such laboratory,
agency, or organization that are filled as of the close of the
fiscal year last ending before the start of such calendar year.
``(3) In the case of a laboratory described in subsection
(b)(3), with respect to appointment authority under subsection
(a)(3), the number equal to 10 percent of the total number of
scientific and engineering positions in such laboratory that are
filled as of the close of the fiscal year last ending before the
start of such calendar year.
``(d) Senior Scientific Technical Managers.--
``(1) Establishment.--There is hereby established in each
STRL a category of senior professional scientific and technical
positions, the incumbents of which shall be designated as
`senior scientific technical managers' and which shall be
positions
[[Page 130 STAT. 2455]]
classified above GS-15 of the General Schedule, notwithstanding
section 5108(a) of title 5. The primary functions of such
positions shall be--
``(A) to engage in research and development in the
physical, biological, medical, or engineering sciences,
or another field closely related to the mission of such
STRL; and
``(B) to carry out technical supervisory
responsibilities.
``(2) Appointments.--The positions described in paragraph
(1) may be filled, and shall be managed, by the director of the
STRL involved, under criteria established pursuant to section
342(b) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 2358 note), relating to
personnel demonstration projects at laboratories of the
Department of Defense, except that the director of the
laboratory involved shall determine the number of such positions
at such laboratory, not to exceed 2 percent of the number of
scientists and engineers employed at such laboratory as of the
close of the last fiscal year before the fiscal year in which
any appointments subject to that numerical limitation are made.
``(e) Exclusion From Personnel Limitations.--
``(1) In general.--The director of an STRL shall manage the
workforce strength, structure, positions, and compensation of
such STRL--
``(A) without regard to any limitation on
appointments, positions, or funding with respect to such
STRL, subject to subparagraph (B); and
``(B) in a manner consistent with the budget
available with respect to such STRL.
``(2) Exceptions.--Paragraph (1) shall not apply to Senior
Executive Service positions (as defined in section 3132(a) of
title 5) or scientific and professional positions authorized
under section 3104 of such title.
``(f) Definitions.--In this section:
``(1) The term `employee' has the meaning given that term in
section 2105 of title 5.
``(2) The term `veteran' has the meaning given that term in
section 101 of title 38.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title <<NOTE: 10 USC 2351
prec.>> is amended by inserting after the item relating to
section 2358 the following new item:
``2358a. Authorities for certain positions at science and technology
reinvention laboratories.''.
(b) Repeal of Superseded Section.--Section 1107 of the National
Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 2358 note) is
hereby repealed.
SEC. 1123. MODIFICATION TO INFORMATION TECHNOLOGY PERSONNEL
EXCHANGE PROGRAM.
Section 1110 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 5 U.S.C. 3702 note) is amended--
(1) in the section heading, by inserting ``cyber and''
before ``information''.
(2) in subsections (a)(1)(A), (a)(1)(C), and (g)(2), by
inserting ``cyber operations or'' before ``information'';
[[Page 130 STAT. 2456]]
(3) in subsection (d), by striking ``2018'' and inserting
``2022'';
(4) in subsection (g)(1), by inserting ``to or'' before
``from''; and
(5) in subsection (h), by striking ``10'' and inserting
``50''.
SEC. 1124. <<NOTE: 10 USC 2358 note.>> PILOT PROGRAM ON ENHANCED
PAY AUTHORITY FOR CERTAIN RESEARCH AND
TECHNOLOGY POSITIONS IN THE SCIENCE AND
TECHNOLOGY REINVENTION LABORATORIES OF
THE DEPARTMENT OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense may carry
out a pilot program to assess the feasibility and advisability of using
the pay authority specified in subsection (d) to fix the rate of basic
pay for positions described in subsection (c) in order to assist the
military departments in attracting and retaining high quality
acquisition and technology experts in positions responsible for managing
and performing complex, high-cost research and technology development
efforts in the science and technology reinvention laboratories of the
Department of Defense.
(b) Approval Required.--The pilot program may be carried out in a
military department only with the approval of the Service Acquisition
Executive of the military department concerned.
(c) Positions.--The positions described in this subsection are
positions in the science and technology reinvention laboratories of the
Department of Defense that--
(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
(2) are critical to the successful accomplishment of an
important research or technology development mission.
(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at
a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the Service Acquisition Executive concerned.
(2) Authority to fix the rate of basic pay for a position at
a rate in excess of 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
Secretary of the military department concerned.
(e) Limitations.--
(1) In general.--The authority in subsection (a) may be used
only to the extent necessary to competitively recruit or retain
individuals exceptionally well qualified for positions described
in subsection (c).
(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in each
military department at any one time.
(3) Term of positions.--The authority in subsection (a) may
be used only for positions having a term of less than five
years.
(f) Termination.--
(1) In general.--The authority to fix rates of basic pay for
a position under this section shall terminate on October 1,
2021.
(2) Continuation of pay.--Nothing in paragraph (1) shall be
construed to prohibit the payment after October 1, 2021,
[[Page 130 STAT. 2457]]
of basic pay at rates fixed under this section before that date
for positions having terms that continue after that date.
(g) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term ``science and
technology reinvention laboratories of the Department of Defense'' means
the laboratories designated as science and technology reinvention
laboratories by section 1105(a) of the National Defense Authorization
Act for Fiscal Year 2010 (10 U.S.C. 2358 note).
SEC. 1125. <<NOTE: 10 USC 1580 note.>> 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.
(a) Defense Industrial Base Facility and MRTFB.--During fiscal years
2017 and 2018, the Secretary of Defense may appoint, without regard to
the provisions of subchapter I of chapter 33 of title 5, United States
Code, other than sections 3303 and 3328 of such title, qualified
candidates to positions in the competitive service at any defense
industrial base facility or the Major Range and Test Facilities Base.
(b) Office of the Director of Operational Test and Evaluation.--
During fiscal years 2017 through 2021, the Secretary of Defense may,
acting through the Director of Operational Test and Evaluation, appoint
qualified candidates possessing an advanced degree to scientific and
engineering positions within the Office of the Director of Operational
Test and Evaluation without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, other than sections 3303 and
3328 of such title.
(c) Definition of Defense Industrial Base Facility.--In this
section, the term ``defense industrial base facility'' means any
Department of Defense depot, arsenal, or shipyard located within the
United States.
Subtitle C--Governmentwide Matters
SEC. 1131. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITATION FOR
NONCOMPETITIVE APPOINTMENT OF SPOUSES OF
MEMBERS OF THE ARMED FORCES.
Section 3330d(c) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(3) No time limitation on appointment.--A relocating
spouse of a member of the Armed Forces remains eligible for
noncompetitive appointment under this section for the duration
of the spouse's relocation to the permanent duty station of the
member.''.
SEC. 1132. <<NOTE: 10 USC 1580 note prec.>> TEMPORARY PERSONNEL
FLEXIBILITIES FOR DOMESTIC DEFENSE
INDUSTRIAL BASE FACILITIES AND MAJOR
RANGE AND TEST FACILITIES BASE CIVILIAN
PERSONNEL.
(a) In General.--Notwithstanding chapter 33 of title 5, United
States Code, or any other provision of law relating to the examination,
certification, and appointment of individuals in the competitive
service, during fiscal years 2017 and 2018, an employee of a defense
[[Page 130 STAT. 2458]]
industrial base facility or the Major Range and Test Facilities Base
serving under a time-limited appointment in the competitive service is
eligible to compete for a permanent appointment in the competitive
service at (A) any such facility, Base, or any other component of the
Department of Defense when such facility, Base, or component (as the
case may be) is accepting applications from individuals within the
facility, Base, or component's workforce under merit promotion
procedures, or (B) any agency when the agency is accepting applications
from individuals outside its own workforce under merit promotion
procedures of the applicable agency, if--
(1) the employee was appointed initially under open,
competitive examination under subchapter I of chapter 33 of such
title to the time-limited appointment;
(2) the employee has served under 1 or more time-limited
appointments by a defense industrial base facility or the Major
Range and Test Facilities Base for a period or periods totaling
more than 24 months without a break of 2 or more years; and
(3) the employee's performance has been at an acceptable
level of performance throughout the period or periods (as the
case may be) referred to in paragraph (2).
(b) Waiver of Age Requirement.--In determining the eligibility of a
time-limited employee under this section to be examined for or appointed
in the competitive service, the Office of Personnel Management or other
examining agency shall waive requirements as to age, unless the
requirement is essential to the performance of the duties of the
position.
(c) Status.--An individual appointed under this section--
(1) becomes a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
(2) acquires competitive status upon appointment.
(d) Former Employees.--A former employee of a defense industrial
base facility or the Major Range and Test Facilities Base who served
under a time-limited appointment and who otherwise meets the
requirements of this section shall be deemed a time-limited employee for
purposes of this section if--
(1) such employee applies for a position covered by this
section within the period of 2 years after the most recent date
of separation; and
(2) such employee's most recent separation was for reasons
other than misconduct or performance.
(e) Benefits.--Any employee of a defense industrial base facility or
the Major Range and Test Facilities Base serving under a time-limited
appointment in the competitive service shall be provided with benefits
that are comparable to the benefits provided to similar employees not
serving under time-limited appointments at the defense industrial base
facility or the Major Range and Test Facilities Base concerned,
including professional development opportunities, eligibility for awards
programs, and designation as status applicants for purposes of
eligibility for positions in the civil service.
(f) Definition of Defense Industrial Base Facility.--In this
section, the term ``defense industrial base facility'' means any
Department of Defense depot, arsenal, or shipyard located within the
United States.
[[Page 130 STAT. 2459]]
SEC. 1133. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A
COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1102 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1022), is further amended
by striking ``2017'' and inserting ``2018''.
SEC. 1134. ADVANCE PAYMENTS FOR EMPLOYEES RELOCATING WITHIN THE
UNITED STATES AND ITS TERRITORIES.
(a) In General.--Subsection (a) of section 5524a of title 5, United
States Code, is amended--
(1) by striking ``(a) The head'' and inserting ``(a)(1) The
head''; and
(2) by adding at the end the following:
``(2) The head of each agency may provide for the advance
payment of basic pay, covering not more than 4 pay periods, to
an employee who is assigned to a position in the agency that is
located--
``(A) outside of the employee's commuting area; and
``(B) in the United States, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, or any territory or possession of the United
States.''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by inserting ``or assigned'' after
``appointed''; and
(2) in paragraph (2)(B)--
(A) by inserting ``or assignment'' after
``appointment''; and
(B) by inserting ``or assigned'' after
``appointed''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
by inserting ``and employees relocating within the United States
and its territories'' after ``appointees''.
(2) Table of sections.--The item relating to such section in
the table of sections of chapter 55 of such title <<NOTE: 5 USC
5501 prec.>> is amended to read as follows:
``5524a. Advance payments for new appointees and 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.
Section 9602 of title 5, United States Code, is amended--
(1) in subsection (a) by striking ``any land management
agency or any other agency (as defined in section 101 of title
31) under the internal merit promotion procedures of the
applicable agency'' and inserting ``such land management agency
when such agency is accepting applications from individuals
within the agency's workforce under merit promotion
[[Page 130 STAT. 2460]]
procedures, or any agency, including a land management agency,
when the agency is accepting applications from individuals
outside its own workforce under the merit promotion procedures
of the applicable agency''; and
(2) in subsection (d) by inserting ``of the agency from
which the former employee was most recently separated'' after
``deemed a time-limited employee''.
SEC. 1136. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FEDERAL
EMPLOYEES BEFORE REHIRING.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3330e. <<NOTE: 5 USC 3330e.>> Review of official personnel
file of former Federal employees before
rehiring
``(a) If a former Government employee is a candidate for a position
within the competitive service or the excepted service, prior to making
any determination with respect to the appointment or reinstatement of
such employee to such position, the appointing authority shall review
and consider merit-based information relating to such employee's former
period or periods of service such as official personnel actions,
employee performance ratings, and disciplinary actions, if any, in such
employee's official personnel record file.
``(b) In subsection (a), the term `former Government employee' means
an individual whose most recent position with the Government prior to
becoming a candidate as described under subsection (a) was within the
competitive service or the excepted service.
``(c) The Office of Personnel Management shall prescribe regulations
to carry out the purpose of this section. Such regulations may not
contain provisions that would increase the time required for agency
hiring actions.''.
(b) <<NOTE: 5 USC 3330e note.>> Application.--The amendment made by
subsection (a) shall apply to any former Government employee (as
described in section 3330e of title 5, United States Code, as added by
such subsection) appointed or reinstated on or after the date that is
180 days after the date of enactment of this Act.
(c) Clerical Amendment.--The table of sections of subchapter I of
chapter 33 of title 5, United States Code, <<NOTE: 5 USC 3301 prec.>> is
amended by adding at the end the following:
``3330e. 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.
Section 1101(a) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most
recently amended by section 1108 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1027), is further
amended by striking ``through 2016'' and inserting ``through 2017''.
SEC. 1138. <<NOTE: Administrative Leave Act of 2016. 5 USC 101
note. 5 USC 6329a note.>>
ADMINISTRATIVE LEAVE.
(a) Short Title.--This section may be cited as the ``Administrative
Leave Act of 2016''.
(b) Sense of Congress.--It is the sense of Congress that--
[[Page 130 STAT. 2461]]
(1) agency use of administrative leave, and leave that is
referred to incorrectly as administrative leave in agency
recording practices, has exceeded reasonable amounts--
(A) in contravention of--
(i) established precedent of the Comptroller
General of the United States; and
(ii) guidance provided by the Office of
Personnel Management; and
(B) resulting in significant cost to the Federal
Government;
(2) administrative leave should be used sparingly;
(3) prior to the use of paid leave to address personnel
issues, an agency should consider other actions, including--
(A) temporary reassignment; and
(B) transfer;
(4) an agency should prioritize and expeditiously conclude
an investigation in which an employee is placed in
administrative leave so that, not later than the conclusion of
the leave period--
(A) the employee is returned to duty status; or
(B) an appropriate personnel action is taken with
respect to the employee;
(5) data show that there are too many examples of employees
placed in administrative leave for 6 months or longer, leaving
the employees without any available recourse to--
(A) return to duty status; or
(B) challenge the decision of the agency;
(6) an agency should ensure accurate and consistent
recording of the use of administrative leave so that
administrative leave can be managed and overseen effectively;
and
(7) other forms of excused absence authorized by law should
be recorded separately from administrative leave, as defined by
the amendments made by this section.
(c) Administrative Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 6329a. <<NOTE: 5 USC 6329a.>> Administrative leave
``(a) Definitions.--In this section--
``(1) the term `administrative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is otherwise
entitled under law; or
``(iii) credit for time or service; and
``(B) that is not authorized under any other
provision of law;
``(2) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title);
``(B) includes the Department of Veterans Affairs;
and
``(C) does not include the Government Accountability
Office; and
``(3) the term `employee'--
[[Page 130 STAT. 2462]]
``(A) has the meaning given the term in section
2105; and
``(B) does not include an intermittent employee who
does not have an established regular tour of duty during
the administrative workweek.
``(b) Administrative Leave.--
``(1) In general.--During any calendar year, an agency may
place an employee in administrative leave for a period of not
more than a total of 10 work days.
``(2) Records.--An agency shall record administrative leave
separately from leave authorized under any other provision of
law.
``(c) Regulations.--
``(1) OPM regulations.--Not later than 270 calendar days
after the date of enactment of this section, the Director of the
Office of Personnel Management shall--
``(A) prescribe regulations to carry out this
section; and
``(B) prescribe regulations that provide guidance to
agencies regarding--
``(i) acceptable agency uses of administrative
leave; and
``(ii) the proper recording of--
``(I) administrative leave; and
``(II) other leave authorized by
law.
``(2) Agency action.--Not later than 270 calendar days after
the date on which the Director of the Office of Personnel
Management prescribes regulations under paragraph (1), each
agency shall revise and implement the internal policies of the
agency to meet the requirements of this section.
``(d) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, <<NOTE: 5 USC 6301 prec.>> is amended by inserting
after the item relating to section 6329 the following:
``6329a. Administrative leave.''.
(d) Investigative Leave and Notice Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5,
United States Code, as amended by this section, is further
amended by adding at the end the following:
``Sec. 6329b. <<NOTE: 5 USC 6329b.>> Investigative leave and
notice leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title);
``(B) includes the Department of Veterans Affairs;
and
``(C) does not include the Government Accountability
Office;
``(2) the term `Chief Human Capital Officer' means--
``(A) the Chief Human Capital Officer of an agency
designated or appointed under section 1401; or
``(B) the equivalent;
[[Page 130 STAT. 2463]]
``(3) the term `committees of jurisdiction', with respect to
an agency, means each committee of the Senate or House of
Representatives with jurisdiction over the agency;
``(4) the term `Director' means the Director of the Office
of Personnel Management;
``(5) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include--
``(i) an intermittent employee who does not
have an established regular tour of duty during
the administrative workweek; or
``(ii) the Inspector General of an agency;
``(6) the term `investigative entity' means--
``(A) an internal investigative unit of an agency
granting investigative leave under this section;
``(B) the Office of Inspector General of an agency
granting investigative leave under this section;
``(C) the Attorney General; and
``(D) the Office of Special Counsel;
``(7) the term `investigative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is otherwise
entitled under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other
provision of law; and
``(C) in which an employee who is the subject of an
investigation is placed;
``(8) the term `notice leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is otherwise
entitled under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other
provision of law; and
``(C) in which an employee who is in a notice period
is placed; and
``(9) the term `notice period' means a period beginning on
the date on which an employee is provided notice required under
law of a proposed adverse action against the employee and ending
on the date on which an agency may take the adverse action.
``(b) Leave for Employees Under Investigation or in a Notice
Period.--
``(1) Authority.--An agency may, in accordance with
paragraph (2), place an employee in--
``(A) investigative leave if the employee is the
subject of an investigation;
``(B) notice leave if the employee is in a notice
period; or
``(C) notice leave following a placement in
investigative leave if, not later than the day after the
last day of the period of investigative leave--
[[Page 130 STAT. 2464]]
``(i) the agency proposes or initiates an
adverse action against the employee; and
``(ii) the agency determines that the employee
continues to meet 1 or more of the criteria
described in paragraph (2)(A).
``(2) Requirements.--An agency may place an employee in
leave under paragraph (1) only if the agency has--
``(A) made a determination with respect to the
employee that the continued presence of the employee in
the workplace during an investigation of the employee or
while the employee is in a notice period, as applicable,
may--
``(i) pose a threat to the employee or others;
``(ii) result in the destruction of evidence
relevant to an investigation;
``(iii) result in loss of or damage to
Government property; or
``(iv) otherwise jeopardize legitimate
Government interests;
``(B) considered--
``(i) assigning the employee to duties in
which the employee no longer poses a threat
described in clauses (i) through (iv) of
subparagraph (A);
``(ii) allowing the employee to take leave for
which the employee is eligible;
``(iii) if the employee is absent from duty
without approved leave, carrying the employee in
absence without leave status; and
``(iv) for an employee subject to a notice
period, curtailing the notice period if there is
reasonable cause to believe the employee has
committed a crime for which a sentence of
imprisonment may be imposed; and
``(C) determined that none of the available options
under clauses (i) through (iv) of subparagraph (B) is
appropriate.
``(3) Duration of leave.--
``(A) Investigative leave.--Upon the expiration of
the 10 work day period described in section 6329a(b)(1)
with respect to an employee, and if an agency determines
that an extended investigation of the employee is
necessary, the agency may place the employee in
investigative leave for a period of not more than 30
work days.
``(B) Notice leave.--Placement of an employee in
notice leave shall be for a period not longer than the
duration of the notice period.
``(4) Explanation of leave.--
``(A) In general.--If an agency places an employee
in leave under this subsection, the agency shall provide
the employee a written explanation of whether the
employee was placed in investigative leave or notice
leave.
``(B) Explanation.--The written notice under
subparagraph (A) shall describe the limitations of the
leave placement, including--
``(i) the applicable limitations under
paragraph (3); and
``(ii) in the case of a placement in
investigative leave, an explanation that, at the
conclusion of the
[[Page 130 STAT. 2465]]
period of leave, the agency shall take an action
under paragraph (5).
``(5) Agency action.--Not later than the day after the last
day of a period of investigative leave for an employee under
paragraph (1), an agency shall--
``(A) return the employee to regular duty status;
``(B) take 1 or more of the actions under clauses
(i) through (iv) of paragraph (2)(B);
``(C) propose or initiate an adverse action against
the employee as provided under law; or
``(D) extend the period of investigative leave under
subsections (c) and (d).
``(6) Rule of construction.--Nothing in paragraph (5) shall
be construed to prevent the continued investigation of an
employee, except that the placement of an employee in
investigative leave may not be extended for that purpose except
as provided in subsections (c) and (d).
``(c) Initial Extension of Investigative Leave.--
``(1) In general.--Subject to paragraph (4), if the Chief
Human Capital Officer of an agency, or the designee of the Chief
Human Capital Officer, approves such an extension after
consulting with the investigator responsible for conducting the
investigation to which an employee is subject, the agency may
extend the period of investigative leave for the employee under
subsection (b) for not more than 30 work days.
``(2) Maximum number of extensions.--The total period of
additional investigative leave for an employee under paragraph
(1) may not exceed 90 work days.
``(3) Designation guidance.--Not later than 270 days after
the date of enactment of this section, the Chief Human Capital
Officers Council shall issue guidance to ensure that if the
Chief Human Capital Officer of an agency delegates the authority
to approve an extension under paragraph (1) to a designee, the
designee is at a sufficiently high level within the agency to
make an impartial and independent determination regarding the
extension.
``(4) Extensions for oig employees.--
``(A) Approval.--In the case of an employee of an
Office of Inspector General--
``(i) the Inspector General or the designee of
the Inspector General, rather than the Chief Human
Capital Officer or the designee of the Chief Human
Capital Officer, shall approve an extension of a
period of investigative leave for the employee
under paragraph (1); or
``(ii) at the request of the Inspector
General, the head of the agency within which the
Office of Inspector General is located shall
designate an official of the agency to approve an
extension of a period of investigative leave for
the employee under paragraph (1).
``(B) Guidance.--Not later than 270 calendar days
after the date of enactment of this section, the Council
of the Inspectors General on Integrity and Efficiency
shall issue guidance to ensure that if the Inspector
General or the head of an agency, at the request of the
Inspector General, delegates the authority to approve an
extension under subparagraph (A) to a designee, the
designee is
[[Page 130 STAT. 2466]]
at a sufficiently high level within the Office of
Inspector General or the agency, as applicable, to make
an impartial and independent determination regarding the
extension.
``(d) Further Extension of Investigative Leave.--
``(1) Report.--After reaching the limit under subsection
(c)(2) and if an investigative entity submits a certification
under paragraph (2) of this subsection, an agency may further
extend a period of investigative leave for an employee for
periods of not more than 30 work days each if, not later than 5
business days after granting each further extension, the agency
submits to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives, along with
any other committees of jurisdiction, a report containing--
``(A) the title, position, office or agency
subcomponent, job series, pay grade, and salary of the
employee;
``(B) a description of the duties of the employee;
``(C) the reason the employee was placed in
investigative leave;
``(D) an explanation as to why--
``(i) the employee poses a threat described in
clauses (i) through (iv) of subsection (b)(2)(A);
and
``(ii) the agency is not able to reassign the
employee to another position within the agency;
``(E) in the case of an employee required to
telework under section 6502(c) during the investigation
of the employee--
``(i) the reasons that the agency required the
employee to telework under that section; and
``(ii) the duration of the teleworking
requirement;
``(F) the status of the investigation of the
employee;
``(G) the certification described in paragraph (2);
and
``(H) in the case of a completed investigation of
the employee--
``(i) the results of the investigation; and
``(ii) the reason that the employee remains in
investigative leave.
``(2) Certification.--If, after an employee has reached the
limit under subsection (c)(2), an investigative entity
determines that additional time is needed to complete the
investigation of the employee, the investigative entity shall--
``(A) certify to the appropriate agency that
additional time is needed to complete the investigation
of the employee; and
``(B) include in the certification an estimate of
the amount of time that is necessary to complete the
investigation of the employee.
``(3) No extensions after completion of investigation.--An
agency may not further extend a period of investigative leave of
an employee under paragraph (1) on or after the date that is 30
calendar days after the completion of the investigation of the
employee by an investigative entity.
``(e) Consultation Guidance.--Not later than 270 calendar days after
the date of enactment of this section, the Council of the Inspectors
General on Integrity and Efficiency, in consultation with the Attorney
General and the Special Counsel, shall issue guidance on best practices
for consultation between an investigator
[[Page 130 STAT. 2467]]
and an agency on the need to place an employee in investigative leave
during an investigation of the employee, including during a criminal
investigation, because the continued presence of the employee in the
workplace during the investigation may--
``(1) pose a threat to the employee or others;
``(2) result in the destruction of evidence relevant to an
investigation;
``(3) result in loss of or damage to Government property; or
``(4) otherwise jeopardize legitimate Government interests.
``(f) Reporting and Records.--
``(1) In general.--An agency shall keep a record of the
placement of an employee in investigative leave or notice leave
by the agency, including--
``(A) the basis for the determination made under
subsection (b)(2)(A);
``(B) an explanation of why an action under clauses
(i) through (iv) of subsection (b)(2)(B) was not
appropriate;
``(C) the length of the period of leave;
``(D) the amount of salary paid to the employee
during the period of leave;
``(E) the reasons for authorizing the leave,
including, if applicable, the recommendation made by an
investigator under subsection (c)(1);
``(F) whether the employee is required to telework
under section 6502(c) during the investigation,
including the reasons for requiring the employee to
telework; and
``(G) the action taken by the agency at the end of
the period of leave, including, if applicable, the
granting of any extension of a period of investigative
leave under subsection (c) or (d).
``(2) Availability of records.--An agency shall make a
record kept under paragraph (1) available--
``(A) to any committee of jurisdiction, upon
request;
``(B) to the Office of Personnel Management; and
``(C) as otherwise required by law, including for
the purposes of the Administrative Leave Act of 2016 and
the amendments made by that Act.
``(g) Recourse to the Office of Special Counsel.--For purposes of
subchapter II of chapter 12 and section 1221, placement on investigative
leave under subsection (b) of this section for a period of not less than
70 work days shall be considered a personnel action under paragraph (8)
or (9) of section 2302(b).
``(h) Regulations.--
``(1) OPM action.--Not later than 270 calendar days after
the date of enactment of this section, the Director shall
prescribe regulations to carry out this section, including
guidance to agencies regarding--
``(A) acceptable purposes for the use of--
``(i) investigative leave; and
``(ii) notice leave;
``(B) the proper recording of--
``(i) the leave categories described in
subparagraph (A); and
``(ii) other leave authorized by law;
[[Page 130 STAT. 2468]]
``(C) baseline factors that an agency shall consider
when making a determination that the continued presence
of an employee in the workplace may--
``(i) pose a threat to the employee or others;
``(ii) result in the destruction of evidence
relevant to an investigation;
``(iii) result in loss or damage to Government
property; or
``(iv) otherwise jeopardize legitimate
Government interests; and
``(D) procedures and criteria for the approval of an
extension of a period of investigative leave under
subsection (c) or (d).
``(2) Agency action.--Not later than 270 calendar days after
the date on which the Director prescribes regulations under
paragraph (1), each agency shall revise and implement the
internal policies of the agency to meet the requirements of this
section.
``(i) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) <<NOTE: 5 USC 6329a note.>> GAO report.--Not later than
5 years after the date of enactment of this Act, and every 5
years thereafter, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
a report on the results of an evaluation of the implementation
of the authority provided under sections 6329a and 6329b of
title 5, United States Code, as added by subsection (c)(1) of
this section and paragraph (1) of this subsection, respectively,
including--
(A) the number of times that an agency, under
subsection (c)(1) of such section 6329b--
(i) consulted with the investigator
responsible for conducting the investigation to
which an employee was subject with respect to the
decision of the agency to grant an extension under
that subsection; and
(ii) did not have a consultation described in
clause (i), including the reasons that the agency
failed to have such a consultation;
(B) an assessment of the use of the authority
provided under subsection (d) of such section 6329b by
agencies, including data regarding the number and length
of extensions granted under that subsection;
(C) an assessment of the compliance with the
requirements of subsection (f) of such section 6329b by
agencies;
(D) a review of the practice of agency placement of
an employee in investigative or notice leave under
subsection (b) of such section 6329b because of a
determination under subsection (b)(2)(A)(iv) of that
section that the employee jeopardized legitimate
Government interests, including the extent to which such
determinations were supported by evidence; and
(E) an assessment of the effectiveness of subsection
(g) of such section 6329b in preventing and correcting
the use of extended investigative leave as a tool of
reprisal for making a protected disclosure or engaging
in protected
[[Page 130 STAT. 2469]]
activity as described in paragraph (8) or (9) of section
2302(b) of title 5, United States Code.
(3) Telework.--Section 6502 of title 5, United States Code,
is amended by adding at the end the following:
``(c) Required Telework.--If an agency places an employee in
investigative leave under section 6329b, the agency may require the
employee to, through telework, perform duties similar to the duties that
the employee performs on-site if--
``(1) the agency determines that such a requirement would
not--
``(A) pose a threat to the employee or others;
``(B) result in the destruction of evidence relevant
to an investigation;
``(C) result in the loss of or damage to Government
property; or
``(D) otherwise jeopardize legitimate Government
interests;
``(2) the employee is eligible to telework under subsections
(a) and (b) of this section; and
``(3) the agency determines that it would be appropriate for
the employee to perform the duties of the employee through
telework.''.
(4) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, <<NOTE: 5 USC 6301 prec.>> is amended by inserting
after the item relating to section 6329a, as added by this
section, the following:
``6329b. Investigative leave and notice leave.''.
(e) Weather and Safety Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5,
United States Code, as amended by this section, is further
amended by adding at the end the following:
``Sec. 6329c. <<NOTE: 5 USC 6329c.>> Weather and safety leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title);
``(B) includes the Department of Veterans Affairs;
and
``(C) does not include the Government Accountability
Office; and
``(2) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include an intermittent employee who
does not have an established regular tour of duty during
the administrative workweek.
``(b) Leave for Weather and Safety Issues.--An agency may approve
the provision of leave under this section to an employee or a group of
employees without loss of or reduction in the pay of the employee or
employees, leave to which the employee or employees are otherwise
entitled, or credit to the employee or employees for time or service
only if the employee or group of employees is prevented from safely
traveling to or performing work at an approved location due to--
``(1) an act of God;
``(2) a terrorist attack; or
[[Page 130 STAT. 2470]]
``(3) another condition that prevents the employee or group
of employees from safely traveling to or performing work at an
approved location.
``(c) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``(d) Regulations.--Not later than 270 days after the date of
enactment of this section, the Director of the Office of Personnel
Management shall prescribe regulations to carry out this section,
including--
``(1) guidance to agencies regarding the appropriate
purposes for providing leave under this section; and
``(2) the proper recording of leave provided under this
section.
``(e) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) <<NOTE: 5 USC 6301 prec.>> Technical and conforming
amendment.--The table of sections for subchapter II of chapter
63 of title 5, United States Code, is amended by inserting after
the item relating to section 6329b, as added by this section,
the following:
``6329c. Weather and safety leave.''.
SEC. 1139. <<NOTE: 5 USC 3304 note.>> DIRECT HIRING FOR FEDERAL
WAGE SCHEDULE EMPLOYEES.
The Director of the Office of Personnel Management shall permit an
agency with delegated examining authority under 1104(a)(2) of title 5,
United States Code, to use direct-hire authority under section
3304(a)(3) of such title for a permanent or non-permanent position or
group of positions in the competitive services at GS-15 (or equivalent)
and below, or for prevailing rate employees, if the Director determines
that there is either a severe shortage of candidates or a critical
hiring need for such positions.
SEC. 1140. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN
SEPARATED EMPLOYEE'S OFFICIAL PERSONNEL
FILE.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by inserting after section 3321 the following:
``Sec. 3322. <<NOTE: 5 USC 3322.>> Voluntary separation before
resolution of personnel investigation
``(a) With respect to any employee occupying a position in the
competitive service or the excepted service who is the subject of a
personnel investigation and resigns from Government employment prior to
the resolution of such investigation, the head of the agency from which
such employee so resigns shall, if an adverse finding was made with
respect to such employee pursuant to such investigation, make a
permanent notation in the employee's official personnel record file. The
head shall make such notation not later than 40 days after the date of
the resolution of such investigation.
``(b) Prior to making a permanent notation in an employee's official
personnel record file under subsection (a), the head of the agency
shall--
``(1) notify the employee in writing within 5 days of the
resolution of the investigation and provide such employee a copy
of the adverse finding and any supporting documentation;
[[Page 130 STAT. 2471]]
``(2) provide the employee with a reasonable time, but not
less than 30 days, to respond in writing and to furnish
affidavits and other documentary evidence to show why the
adverse finding was unfounded (a summary of which shall be
included in any notation made to the employee's personnel file
under subsection (d)); and
``(3) provide a written decision and the specific reasons
therefore to the employee at the earliest practicable date.
``(c) An employee is entitled to appeal the decision of the head of
the agency to make a permanent notation under subsection (a) to the
Merit Systems Protection Board under section 7701.
``(d)(1) If an employee files an appeal with the Merit Systems
Protection Board pursuant to subsection (c), the agency head shall make
a notation in the employee's official personnel record file indicating
that an appeal disputing the notation is pending not later than 2 weeks
after the date on which such appeal was filed.
``(2) If the head of the agency is the prevailing party on appeal,
not later than 2 weeks after the date that the Board issues the appeal
decision, the head of the agency shall remove the notation made under
paragraph (1) from the employee's official personnel record file.
``(3) If the employee is the prevailing party on appeal, not later
than 2 weeks after the date that the Board issues the appeal decision,
the head of the agency shall remove the notation made under paragraph
(1) and the notation of an adverse finding made under subsection (a)
from the employee's official personnel record file.
``(e) In this section, the term `personnel investigation' includes--
``(1) an investigation by an Inspector General; and
``(2) an adverse personnel action as a result of
performance, misconduct, or for such cause as will promote the
efficiency of the service under chapter 43 or chapter 75.''.
(b) <<NOTE: 5 USC 3322 note.>> Application.--The amendment made by
subsection (a) shall apply to any employee described in section 3322 of
title 5, United States Code, (as added by such subsection) who leaves
the service after the date of enactment of this Act.
(c) Clerical Amendment.--The table of sections of subchapter I of
chapter 33 of title 5, United States Code, <<NOTE: 5 USC 3301 prec.>> is
amended by inserting after the item relating to section 3321 the
following:
``3322. Voluntary separation before resolution of personnel
investigation.''.
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.
[[Page 130 STAT. 2472]]
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.
[[Page 130 STAT. 2473]]
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.
Subtitle A--Assistance and Training
SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION
FORCES SUPPORTING CERTAIN UNITED STATES
MILITARY OPERATIONS.
Section 1234 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 394), as most recently amended
by section 1201 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1035), is further amended--
(1) in subsection (a), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017'';
(2) in subsection (d), by striking ``during the period
beginning on October 1, 2015, and ending on December 31, 2016''
and inserting ``during the period beginning on October 1, 2016,
and ending on December 31, 2017''; and
(3) in subsection (e)(1), by striking ``December 31, 2016''
and inserting ``December 31, 2017''.
[[Page 130 STAT. 2474]]
SEC. 1202. <<NOTE: 10 USC 114 note.>> SPECIAL DEFENSE ACQUISITION
FUND MATTERS.
(a) Increase in Size.--Effective as of October 1, 2016, paragraph
(1) of section 114(c) of title 10, United States Code, is amended by
striking ``$1,070,000,000'' and inserting ``$2,500,000,000''.
(b) Limited Availability of Certain Amounts.--Such section is
further amended--
(1) in paragraph (2)(A), by striking ``limitation in
paragraph (1)'' and inserting ``limitations in paragraphs (1)
and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Of the amount available in the Special Defense Acquisition
Fund in any fiscal year after fiscal year 2016, $500,000,000 may be used
in such fiscal year only to procure and stock precision guided munitions
that may be required by partner and allied forces to enhance the
effectiveness of current or future contributions of such forces to
overseas contingency operations conducted or supported by the United
States.''.
(c) <<NOTE: 10 USC 114 note.>> Reports.--
(1) Initial plan on use of authority.--Before exercising
authority for use of amounts in the Special Defense Acquisition
Fund in excess of the size of that Fund as of September 30,
2016, by reason of the amendments made by this section, the
Secretary of Defense shall, with the concurrence of the
Secretary of State, submit to the appropriate committees of
Congress a report on the plan for the use of such amounts.
(2) Quarterly spending plan.--Not later than 30 days before
the beginning of each fiscal year quarter, the Secretary of
Defense shall, with the concurrence of the Secretary of State,
submit to the appropriate committees of Congress a detailed plan
for the use of amounts in the Special Defense Acquisition Fund
for such fiscal year quarter.
(3) Annual updates.--Not later than 90 days after the end of
each fiscal year, the Secretary of Defense shall, with the
concurrence of the Secretary of State, submit to the appropriate
committees of Congress a report setting forth the inventory of
defense articles and services acquired, possessed, and
transferred through the Special Defense Acquisition Fund in such
fiscal year.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' has
the meaning given that term in section 301(1) of title 10,
United States Code (as added by section 1241(a)(3) of this Act).
SEC. 1203. CODIFICATION OF AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.
(a) Codification of Authority.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by inserting before section 128 the following new
section:
``Sec. 127e. <<NOTE: 10 USC 127e.>> Support of special operations
to combat terrorism
``(a) Authority.--The Secretary of Defense may, with the concurrence
of the relevant Chief of Mission, expend up to $100,000,000 during any
fiscal year to provide support to foreign forces, irregular forces,
groups, or individuals engaged in supporting
[[Page 130 STAT. 2475]]
or facilitating ongoing military operations by United States special
operations forces to combat terrorism.
``(b) Funds.--Funds for support under this section in a fiscal year
shall be derived from amounts authorized to be appropriated for that
fiscal year for the Department of Defense for operation and maintenance.
``(c) Procedures.--The authority in this section shall be exercised
in accordance with such procedures as the Secretary shall establish for
purposes of this section. The Secretary shall notify the congressional
defense committees of any material modification of such procedures.
``(d) Notification.--
``(1) In general.--Not later than 15 days before exercising
the authority in this section to make funds available to
initiate support of an approved military operation or changing
the scope or funding level of any support for such an operation
by $1,000,000 or an amount equal to 20 percent of such funding
level (whichever is less), or not later than 48 hours after
exercising such authority if the Secretary determines that
extraordinary circumstances that impact the national security of
the United States exist, the Secretary shall notify the
congressional defense committees of the use of such authority
with respect to that operation. Any such notification shall be
in writing.
``(2) Elements.--A notification required by this subsection
shall include the following:
``(A) The type of support provided or to be provided
to United States special operations forces.
``(B) The type of support provided or to be provided
to the recipient of the funds.
``(C) The amount obligated under the authority to
provide support.
``(e) Limitation on Delegation.--The authority of the Secretary to
make funds available under this section for support of a military
operation may not be delegated.
``(f) Intelligence Activities.--This section does not constitute
authority to conduct a covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
``(g) Biannual Reports.--
``(1) Report on preceding calendar year.--Not later than
March 1 each year, the Secretary shall submit to the
congressional defense committees a report on the support
provided under this section during the preceding calendar year.
``(2) Report on current calendar year.--Not later than
September 1 each year, the Secretary shall submit to the
congressional defense committees a report on the support
provided under this section during the first half of the
calendar year in which the report is submitted.
``(3) Elements.--Each report required by this subsection
shall include, for the period covered by such report, the
following:
``(A) A summary of the ongoing military operations
by United States special operations forces to combat
terrorism that were supported or facilitated by foreign
forces, irregular forces, groups, or individuals for
which support was provided under this section.
[[Page 130 STAT. 2476]]
``(B) A description of the support or facilitation
provided by such foreign forces, irregular forces,
groups, or individuals to United States special
operations forces.
``(C) The type of recipients that were provided
support under this section, identified by authorized
category (foreign forces, irregular forces, groups, or
individuals).
``(D) The total amount obligated for support under
this section, including budget details.
``(E) The total amount obligated in prior fiscal
years under this section and applicable preceding
authority.
``(F) The intended duration of support provided
under this section.
``(G) A description of the support or training
provided to the recipients of support under this
section.
``(H) A value assessment of the support provided
under this section, including a summary of significant
activities undertaken by foreign forces, irregular
forces, groups, or individuals to support operations by
United States special operations forces to combat
terrorism.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title <<NOTE: 10 USC 121
prec.>> is amended by inserting before the item relating to
section 128 the following new item:
``127e. Support of special operations to combat terrorism.''.
(b) Repeal of Superseded Authority.--Section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375) is repealed.
SEC. 1204. INDEPENDENT EVALUATION OF STRATEGIC FRAMEWORK FOR
DEPARTMENT OF DEFENSE SECURITY
COOPERATION.
(a) Evaluation Required.--
(1) In general.--The Secretary of Defense shall enter into
an agreement with a federally funded research and development
center, or another appropriate independent entity, with
expertise in security cooperation to conduct an evaluation of
the implementation of the strategic framework for Department of
Defense security cooperation, as directed by section 1202 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1036; 10 U.S.C. 113 note).
(2) Elements.--The evaluation under paragraph (1) shall
include the following:
(A) An evaluation of the Department of Defense's
implementation of each of the required elements of the
strategic framework.
(B) An evaluation of the impact of the strategic
framework on Department of Defense security cooperation
activities, including the extent to which such
activities are being planned, prioritized, and executed
in accordance with the strategic framework.
(C) Recommendations of areas in which additional
guidance, or additional specificity within existing
guidance, is necessary to achieve greater alignment
between Department of Defense security cooperation
activities and the strategic goals and priorities
identified within the strategic framework.
[[Page 130 STAT. 2477]]
(D) Any other matters the entity that conducts the
evaluation considers appropriate.
(b) Report Required.--
(1) In general.--Not later than November 1, 2018, the
Secretary of Defense shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a report that includes the evaluation under
subsection (a) and any other matters the Secretary considers
appropriate.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1205. SENSE OF CONGRESS REGARDING AN ASSESSMENT, MONITORING,
AND EVALUATION FRAMEWORK FOR SECURITY
COOPERATION.
It is the sense of Congress that--
(1) the Secretary of Defense should develop and maintain an
assessment, monitoring, and evaluation framework for security
cooperation with foreign countries to ensure accountability and
foster implementation of best practices; and
(2) such framework--
(A) should be consistent with interagency approaches
and existing best practices;
(B) should be sufficiently resourced and
appropriately placed within the Department of Defense to
enable the rigorous examination and measurement of
security cooperation efforts towards meeting stated
objectives and outcomes; and
(C) should be used to inform security cooperation
planning, policies, and resource decisions as well as
ensure the effectiveness and efficiency of security
cooperation efforts.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY
RESPONSE PROGRAM.
(a) Extension.--Section 1201 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619), as most
recently amended by section 1211 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1042), is further
amended--
(1) in subsection (a)--
(A) by striking ``During fiscal year 2016'' and
inserting ``During the period beginning on October 1,
2016, and ending on December 31, 2018''; and
(B) by striking ``in such fiscal year'' and
inserting ``in such period'';
(2) in subsection (b), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017 and fiscal year 2018''; and
(3) in subsection (f), by striking ``in fiscal year 2016''
and inserting ``during the period beginning on October 1, 2016,
and ending on December 31, 2018''.
[[Page 130 STAT. 2478]]
(b) Authority for Certain Payments To Redress Injury and Loss in
Afghanistan, Iraq, and Syria.--
(1) In general.--During the period beginning on October 1,
2016, and ending on December 31, 2018, amounts available
pursuant to section 1201 of the National Defense Authorization
Act for Fiscal Year 2012, as amended by this section, shall also
be available for ex gratia payments for damage, personal injury,
or death that is incident to combat operations of the Armed
Forces in Afghanistan, Iraq, or Syria.
(2) Notice.--The Secretary of Defense shall, upon each
exercise of the authority in this subsection, submit to the
congressional defense committees a report setting forth the
following:
(A) The amount that will be used for payments
pursuant to this subsection.
(B) The manner in which claims for payments shall be
verified.
(C) The officers or officials who shall be
authorized to approve claims for payments.
(D) The manner in which payments shall be made.
(3) Authorities applicable to payment.--Any payment made
pursuant to this subsection shall be made in accordance with the
authorities and limitations in section 8121 of the Department of
Defense Appropriations Act, 2015 (division C of Public Law 113-
235), other than subsection (h) of such section.
(4) Construction with restriction on amount of payments.--
For purposes of the application of subsection (e) of such
section 1201, as so amended, to any payment pursuant to this
subsection, such payment shall be deemed to be a project
described by such subsection (e).
SEC. 1212. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN COUNTRIES ALONG A MAJOR
ROUTE OF SUPPLY TO AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2399), as most recently amended
by section 1214 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1045), is further amended by
striking ``December 31, 2016'' and inserting ``December 31, 2018''.
SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY TO TRANSFER
DEFENSE ARTICLES AND PROVIDE DEFENSE
SERVICES TO THE MILITARY AND SECURITY
FORCES OF AFGHANISTAN.
(a) Expiration.--Subsection (h) of section 1222 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1992), as most recently amended by section 1215 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1045), is further amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
(b) Conversion of Quarterly Reports Into Annual Reports.--Effective
on January 1, 2017, subsection (f) of such section 1222, as so amended,
is further amended--
(1) in the subsection heading, by striking ``Quarterly'' and
inserting ``Annual''; and
(2) in paragraph (1)--
[[Page 130 STAT. 2479]]
(A) by striking ``Not later than 90 days'' and all
that follows through ``in which the authority in
subsection (a) is exercised'' and inserting ``Not later
than March 31 of any year following a year in which the
authority in subsection (a) is exercised''; and
(B) by striking ``during the 90-day period ending on
the date of such report'' and inserting ``during the
preceding year''.
(c) Excess Defense Articles.--Subsection (i)(2) of such section
1222, as so amended, is further amended by striking ``During fiscal
years 2013, 2014, 2015, and 2016'' each place it appears and inserting
``Through December 31, 2017,''.
SEC. 1214. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.
(a) Aliens Described.--Section 602(b)(2)(A)(ii)(I) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended to read as
follows:
``(I)(aa) by, or on behalf of, the
United States Government, in the case of
an alien submitting an application for
Chief of Mission approval pursuant to
subparagraph (D) before the date of the
enactment of the National Defense
Authorization Act for Fiscal Year 2017;
or
``(bb) by, or on behalf of, the
United States Government, in the case of
an alien submitting an application for
Chief of Mission approval pursuant to
subparagraph (D) on or after the date of
the enactment of the National Defense
Authorization Act for Fiscal Year 2017,
which employment required the alien--
``(AA) to serve as an
interpreter or translator for
personnel of the Department of
State or the United States
Agency for International
Development in Afghanistan,
particularly while traveling
away from United States
embassies or consulates with
such personnel;
``(BB) to serve as an
interpreter or translator for
United States military personnel
in Afghanistan, particularly
while traveling off-base with
such personnel; or
``(CC) to perform sensitive
and trusted activities for the
United States Government in
Afghanistan; or''.
(b) Numerical Limitations.--Section 602(b)(3)(F) of such Act is
amended--
(1) in the matter preceding clause (i), by striking
``7,000'' and inserting ``8,500''; and
(2) in each of clauses (i) and (ii), by striking ``December
31, 2016;'' and inserting ``December 31, 2020''.
(c) Report.--Section 602(b)(14) of such Act is amended--
(1) by striking ``Not later than 60 days after the date of
the enactment of this paragraph,'' and inserting ``Not later
than December 31, 2016, and annually thereafter through January
31, 2021,''; and
(2) in subparagraph (A)(i), by striking ``under this
section;'' and inserting ``under subclause (I) or (II)(bb) of
paragraph (2)(A)(ii);''.
[[Page 130 STAT. 2480]]
SEC. 1215. MODIFICATION TO SEMIANNUAL REPORT ON ENHANCING SECURITY
AND STABILITY IN AFGHANISTAN.
(a) Reports Required.--Subsection (a)(2) of section 1225 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3550) is amended by
striking ``December 15, 2017'' and inserting ``December 15, 2019''.
(b) Matters To Be Included.--Subsection (b) of such section is
amended by adding at the end the following:
``(8) Afghan personnel and pay system.--A description of the
status of the implementation of the Afghan Personnel and Pay
System (APPS) at the Afghan Ministry of Interior and the Afghan
Ministry of Defense for personnel funds provided through the
Afghanistan Security Forces Fund, including, with respect to
each such Ministry--
``(A) the expected completion date for full
implementation of the APPS;
``(B) the extent to which the APPS is being
utilized;
``(C) an explanation of any challenges or delays
affecting full implementation of the APPS;
``(D) a description of the steps taken to mitigate
fraud, waste, and abuse in the disbursement of personnel
funds prior to full implementation of the APPS; and
``(E) an estimate of cost savings by reason of full
implementation of the APPS.''.
SEC. 1216. <<NOTE: 10 USC 2241 note.>> 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.
(a) Prohibition.--
(1) In general.--Amounts available to the Department of
Defense may not be obligated or expended for a construction or
other infrastructure program or project of the Department in
Afghanistan if military or civilian personnel of the United
States Government or their representatives with authority to
conduct oversight of such program or project cannot safely
access such program or project.
(2) Applicability.--Paragraph (1) shall apply only with
respect to a program or project that is initiated on or after
the date of the enactment of this Act.
(b) Waiver.--
(1) In general.--The prohibition in subsection (a) may be
waived with respect to a program or project otherwise covered by
that subsection if a determination described in paragraph (2) is
made as follows:
(A) In the case of a program or project with an
estimated lifecycle cost of less than $1,000,000, by the
contracting officer assigned to oversee the program or
project.
(B) In the case of a program or project with an
estimated lifecycle cost of $1,000,000 or more, but less
than $20,000,000, by the Commander of the Combined
Security Transition Command-Afghanistan.
(C) In the case of a program or project with an
estimated lifecycle cost of $20,000,000 or more, but
less than $40,000,000, by the Commander of United States
Forces-Afghanistan.
[[Page 130 STAT. 2481]]
(D) In the case of a program or project with an
estimated lifecycle cost of $40,000,000 or more, by the
Secretary of Defense.
(2) Determination.--A determination described in this
paragraph with respect to a program or project is a
determination of each of the following:
(A) That the program or project clearly contributes
to United States national interests or strategic
objectives.
(B) That the Government of Afghanistan has requested
or expressed a need for the program or project.
(C) That the program or project has been coordinated
with the Government of Afghanistan, and with any other
implementing agencies or international donors.
(D) That security conditions permit effective
implementation and oversight of the program or project.
(E) That the program or project includes safeguards
to detect, deter, and mitigate corruption and waste,
fraud, and abuse of funds.
(F) That adequate arrangements have been made for
the sustainment of the program or project following its
completion, including arrangements with respect to
funding and technical capacity for sustainment.
(G) That meaningful metrics have been established to
measure the progress and effectiveness of the program or
project in meeting its objectives.
(3) Notice on certain waivers.--In the event a waiver is
issued under paragraph (1) for a program or project described in
subparagraph (D) of that paragraph, the Secretary of Defense
shall notify Congress of the waiver not later than 15 days after
the issuance of the waiver.
SEC. 1217. IMPROVEMENT OF OVERSIGHT OF UNITED STATES GOVERNMENT
EFFORTS IN AFGHANISTAN.
(a) Report on IG Oversight Activities in Afghanistan During Fiscal
Year 2017.--Not later than 60 days after the date of the enactment of
this Act, the Lead Inspector General for Operation Freedom's Sentinel,
as designated pursuant to section 8L of the Inspector General Act of
1978 (5 U.S.C. App.), shall, in coordination with the Inspector General
of the Department of State, the Inspector General of the United States
Agency for International Development, and the Special Inspector General
for Afghanistan Reconstruction, submit to the appropriate committees of
Congress a report on the oversight activities of United States
Inspectors General in Afghanistan planned for fiscal year 2017.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the requirements, responsibilities, and
focus areas of each Inspector General of the United States
planning to conduct oversight activities in Afghanistan during
fiscal year 2017.
(2) A comprehensive list of the funding to be used for the
oversight activities described in paragraph (1).
(3) A list of the oversight activities and products
anticipated to be produced by each Inspector General of the
United States in connection with oversight activities in
Afghanistan during fiscal year 2017.
[[Page 130 STAT. 2482]]
(4) An identification of any anticipated overlap among the
planned oversight activities of Inspectors General of the United
States in Afghanistan during fiscal year 2017, and a
justification for such overlap.
(5) A description of the processes by which the Inspectors
General of the United States coordinate and reduce redundancies
in requests for information to United States Government
officials executing funds in Afghanistan.
(6) A description of the specific professional standards
expected to be used to ensure the quality of different types of
products issued by the Inspectors General regarding Afghanistan,
including periodic reports to Congress and audits of Federal
establishments, organizations, programs, activities, and
functions.
(7) Any other matters the Lead Inspector General for
Operation Freedom's Sentinel considers appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security and
Governmental Affairs, and the Committee Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, and the
Committee Appropriations of the House of Representatives.
SEC. 1218. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION
NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as most recently amended by section 1212 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1043), is further amended by striking ``fiscal year 2016'' and
inserting ``the period beginning on October 1, 2016, and ending on
December 31, 2017,''.
(b) Modification of Authorities.--Such section, as so amended, is
further amended--
(1) in subsection (a), by striking ``the Secretary of
Defense may reimburse any key cooperating nation'' and all that
follows and inserting ``the Secretary of Defense may reimburse--
``(1) any key cooperating nation (other than Pakistan) for--
``(A) logistical and military support provided by
that nation to or in connection with United States
military operations in Afghanistan, Iraq, or Syria; and
``(B) logistical, military, and other support,
including access, provided by that nation to or in
connection with United States military operations
described in subparagraph (A); and
``(2) Pakistan for certain activities meant to enhance the
security situation in the Afghanistan-Pakistan border region and
for counterterrorism.''; and
(2) in subsection (b), by striking ``in Iraq or in Operation
Enduring Freedom in Afghanistan'' and inserting ``in
Afghanistan, Iraq, or Syria''.
[[Page 130 STAT. 2483]]
(c) Limitation on Amounts Available.--Subsection (d)(1) of such
section, as so amended, is further amended--
(1) in the second sentence, by striking ``during fiscal year
2016 may not exceed $1,160,000,000'' and inserting ``during the
period beginning on October 1, 2016, and ending on December 31,
2017, may not exceed $1,100,000,000'';
(2) in the third sentence, by striking ``fiscal year 2016''
and inserting ``the period beginning on October 1, 2016, and
ending on December 31, 2017,''; and
(3) by striking the first sentence.
(d) Reimbursement of Pakistan for Security Enhancement Activities.--
Such section, as so amended, is further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Reimbursement of Pakistan for Security Enhancement
Activities.--
``(1) Activities.--Reimbursement authorized by subsection
(a)(2) may be provided for activities as follows:
``(A) Counterterrorism activities, including the
following:
``(i) Eliminating infrastructure, training
areas, and sanctuaries used by terrorist groups,
and preventing the establishment of new or
additional infrastructure, training areas, and
sanctuaries.
``(ii) Direct action against individuals that
are involved in or supporting terrorist
activities.
``(iii) Any other activity recognized by the
Secretary of Defense as a counterterrorism
activity for purposes of subsection (a)(2).
``(B) Border security activities along the
Afghanistan-Pakistan border, including the following:
``(i) Building and maintaining border
outposts.
``(ii) Strengthening cooperative efforts
between the Pakistan military and the Afghan
National Defense and Security Forces, including
border security cooperation.
``(iii) Maintaining access to and securing key
ground lines of communication.
``(iv) Providing training and equipment for
the Pakistan Frontier Corps Khyber Pakhtunkhwa.
``(v) Improving interoperability between the
Pakistan military and the Pakistan Frontier Corps
Khyber Pakhtunkhwa.
``(C) Any activities carried out by the Pakistan
military that the Secretary of Defense determines and
reports to the appropriate congressional committees have
enhanced the security of United States personnel
stationed in Afghanistan or enhanced the effectiveness
of United States military personnel in conducting
counterterrorism operations and training, advising, and
assisting the Afghan National Defense and Security
Forces.
``(2) Report.--Not later than December 31, 2017, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the expenditure of funds
under the authority in subsection (a)(2), including a
description of the following:
[[Page 130 STAT. 2484]]
``(A) The purpose for which such funds were
expended.
``(B) Each organization on whose behalf such funds
were expended, including the amount expended on such
organization and the number of members of such
organization supported by such amount.
``(C) Any limitation imposed on the expenditure of
funds under subsection (a)(2), including on any
recipient of funds or any use of funds expended.
``(3) Information on claims disallowed or deferred by the
united states.--
``(A) In general.--The Secretary of Defense shall
submit to the appropriate congressional committees, in
the manner specified in subparagraph (B), an itemized
description of the costs claimed by the Government of
Pakistan for activities specified in paragraph (1)
provided by Government of Pakistan to the United States
for which the United States will disallow or defer
reimbursement to the Government of Pakistan under the
authority in subsection (a)(2).
``(B) Manner of submittal.--
``(i) In general.--To the maximum extent
practicable, the Secretary shall submit each
itemized description of costs required by
subparagraph (A) not later than 180 days after the
date on which a decision to disallow or defer
reimbursement for the costs claimed is made.
``(ii) Form.--Each itemized description of
costs under clause (i) shall be submitted in an
unclassified form, but may include a classified
annex.''.
(e) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393),
as most recently amended by section 1212(c) of the National Defense
Authorization Act for Fiscal Year 2016 (129 Stat. 1043), is further
amended by striking ``September 30, 2016'' and inserting ``December 31,
2017''.
(f) Extension of Limitation on Reimbursement of Pakistan Pending
Certification on Pakistan.--Section 1227(d)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
2001), as most recently amended by section 1212(d) of the National
Defense Authorization Act for Fiscal Year 2016 (129 Stat. 1043), is
further amended by striking ``for fiscal year 2016 or any prior fiscal
year'' and inserting ``for any period prior to December 31, 2017''.
(g) Additional Limitation on Reimbursement of Pakistan Pending
Certification on Pakistan.--Of the total amount of reimbursements and
support authorized for Pakistan during the period beginning on October
1, 2016, and ending on December 31, 2017, pursuant to the third sentence
of section 1233(d)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (as amended by subsection (b)(2)), $400,000,000 shall
not be eligible for the waiver under section 1227(d)(2) of the National
Defense Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless
the Secretary of Defense certifies to the congressional defense
committees that--
(1) Pakistan continues to conduct military operations that
are contributing to significantly disrupting the safe haven and
freedom of movement of the Haqqani Network in Pakistan;
[[Page 130 STAT. 2485]]
(2) Pakistan has taken steps to demonstrate its commitment
to prevent the Haqqani Network from using any Pakistani
territory as a safe haven;
(3) the Government of Pakistan actively coordinates with the
Government of Afghanistan to restrict the movement of militants,
such as the Haqqani Network, along the Afghanistan-Pakistan
border; and
(4) Pakistan has shown progress in arresting and prosecuting
Haqqani Network senior leaders and mid-level operatives.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE
ASSISTANCE TO THE VETTED SYRIAN
OPPOSITION.
(a) In General.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2018''.
(b) Reprogramming Requirement.--Subsection (f) of such section, as
amended by section 1225(e) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1055), is further amended
in paragraph (1) by striking ``December 31, 2016'' and inserting
``December 31, 2018''.
SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE
OF IRAQ AND THE LEVANT.
(a) Authority.--Subsection (a) of section 1236 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3559) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2018''.
(b) Funding.--Subsection (g) of such section, as amended by section
1223 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1049), is further amended--
(1) by striking the first sentence and inserting the
following: ``Of the amounts authorized to be appropriated in the
National Defense Authorization Act for Fiscal Year 2017 for
Overseas Contingency Operations in title XV for fiscal year
2017, there are authorized to be appropriated $630,000,000 to
carry out this section.''; and
(2) by striking the second sentence.
(c) Additional Assessment on Certain Actions by Government of
Iraq.--Subsection (l) of such section, as added by section 1223(e) of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1050), is amended in paragraph (1)(A) by striking
``National Defense Authorization Act for Fiscal Year 2016'' and
inserting ``National Defense Authorization Act for Fiscal Year 2017, and
annually thereafter''.
(d) Prohibition on Assistance and Report on Equipment or Supplies
Transferred to or Acquired by Violent Extremist Organizations.--
Subsection (f) of section 1223 of the National
[[Page 130 STAT. 2486]]
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1050) is amended--
(1) in paragraph (1)--
(A) by striking ``, as so amended,''; and
(B) by inserting ``(and annually thereafter until
December 31, 2018)'' after ``certifies to the
appropriate congressional committees, after the date of
the enactment of this Act''; and
(2) in paragraph (2), by striking ``, as so amended,''.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE
OF SECURITY COOPERATION IN IRAQ.
(a) Extension of Authority.--Subsection (f)(1) of section 1215 of
the National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1631; 10 U.S.C. 113 note), as most recently amended by
section 1221 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1047), is further amended by striking
``fiscal year 2016'' and inserting ``fiscal year 2017''.
(b) Limitation on Amount.--Subsection (c) of such section is
amended--
(1) by striking ``fiscal year 2016'' and inserting ``fiscal
year 2017''; and
(2) by striking ``$80,000,000'' and inserting
``$70,000,000''.
(c) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2016'' and inserting ``fiscal year 2017''.
SEC. 1224. LIMITATION ON PROVISION OF MAN-PORTABLE AIR DEFENSE
SYSTEMS TO THE VETTED SYRIAN OPPOSITION
DURING FISCAL YEAR 2017.
(a) Notice and Wait.--If a determination is made during fiscal year
2017 to use funds available to the Department of Defense for that fiscal
year to provide man-portable air defense systems (MANPADs) to the vetted
Syrian opposition pursuant to the authority in section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541), such funds
may not be used for that purpose until--
(1) the Secretary of Defense and the Secretary of State
jointly submit to the appropriate congressional committees a
report on the determination; and
(2) 30 days elapses after the date of the submittal of such
report to the appropriate congressional committees.
(b) Elements.--The report under subsection (a) shall set forth the
following:
(1) A description of each element of the vetted Syrian
opposition that will provided man-portable air defense systems
as described in subsection (a), including--
(A) the geographic location of such element;
(B) a detailed intelligence assessment of such
element;
(C) a description of the alignment of such element
within the broader conflict in Syria; and
(D) a description and assessment of the assurance,
if any, received by the commander of such element in
connection with the provision of man-portable air
defense systems.
[[Page 130 STAT. 2487]]
(2) The number and type of man-portable air defense systems
to be so provided.
(3) The logistics plan for providing and resupplying each
element to be so provided man-portable air defense systems with
additional man-portable air defense systems.
(4) The duration of support to be provided in connection
with the provision of man-portable air defense systems.
(5) The justification for the provision of man-portable air
defense systems to each element of the vetted Syrian opposition,
including an explanation of the purpose and expected employment
of such systems.
(6) Any other matters that the Secretary of Defense and the
Secretary of State jointly consider appropriate.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
that term in section 1209(e)(2) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015.
SEC. 1225. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER OF
IRAN.
(a) In General.--Section 1245(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is amended
by striking subparagraph (F) and inserting the following new
subparagraph (F):
``(F) Iran's cyber capabilities, including--
``(i) Iran's ability to use proxies and other
actors to mask its cyber operations;
``(ii) Iran's ability to target United States
governmental and nongovernmental entities and
activities; and
``(iii) cooperation with or assistance from
state and non-state actors in support or
enhancement of Iran's cyber capabilities;''.
(b) <<NOTE: 10 USC 113 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 2018, and shall apply
with respect to reports required to be submitted under section 1245 of
the National Defense Authorization Act for Fiscal Year 2010 on or after
that date.
SEC. 1226. QUARTERLY REPORT ON CONFIRMED BALLISTIC MISSILE
LAUNCHES FROM IRAN.
(a) Quarterly Report on Confirmed Launches.--Not later than the last
day of the first fiscal year quarter beginning after the date of the
enactment of this Act, and every 90 days thereafter, the Director of
National Intelligence shall submit to the appropriate committees of
Congress a report describing any confirmed ballistic missile launch by
Iran during the previous calendar quarter.
(b) Quarterly Report on Imposition of Sanctions in Connection With
Launches.--Not later than the last day of the second fiscal year quarter
beginning after the date of the enactment of this Act, and every 90 days
thereafter, the Secretary of State and the Secretary of Treasury shall
jointly submit to the appropriate committees of Congress a report
setting forth a description of the following:
(1) The efforts, if any, to impose unilateral sanctions
against appropriate entities or individuals in connection with a
confirmed ballistic missile launch from Iran.
[[Page 130 STAT. 2488]]
(2) The diplomatic efforts, if any, to impose multilateral
sanctions against appropriate entities or individuals in
connection with such a confirmed ballistic missile launch.
(3) Any other matters the Secretaries consider appropriate.
(c) Concurrent Submittal of Quarterly Reports.--The report on a
calendar quarter under subsection (a) shall be submitted concurrently
with the report on the calendar quarter under subsection (b).
(d) Form.--Each report under this section shall, to the extent
practicable, be submitted in unclassified form, but may include a
classified annex.
(e) Sunset.--No report is required under this section after December
31, 2019.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
Subtitle D--Matters Relating to the Russian Federation
SEC. 1231. MILITARY RESPONSE OPTIONS TO RUSSIAN FEDERATION
VIOLATION OF INF TREATY.
An amount equal to $10,000,000 of the amount authorized to be
appropriated or otherwise made available to the Department of Defense
for fiscal year 2017 to provide support services to the Executive Office
of the President shall be withheld from obligation or expenditure until
the Secretary of Defense completes the meaningful development of the
military capabilities described in paragraph (1) of section 1243(d) of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1062), as required to be addressed in the plan under
that paragraph, in accordance with the requirements described in
paragraph (3) of such section.
SEC. 1232. LIMITATION ON MILITARY COOPERATION BETWEEN THE UNITED
STATES AND THE RUSSIAN FEDERATION.
(a) Limitation.--None of the funds authorized to be appropriated for
fiscal year 2017 for the Department of Defense may be used for any
bilateral military-to-military cooperation between the Governments of
the United States and the Russian Federation until the Secretary of
Defense, in coordination with the Secretary of State, certifies to the
appropriate congressional committees that--
(1) the Russian Federation has ceased its occupation of
Ukrainian territory and its aggressive activities that threaten
the sovereignty and territorial integrity of Ukraine and members
of the North Atlantic Treaty Organization; and
(2) the Russian Federation is abiding by the terms of and
taking steps in support of the Minsk Protocols regarding a
ceasefire in eastern Ukraine.
[[Page 130 STAT. 2489]]
(b) Nonapplicability.--The limitation in subsection (a) shall not
apply to--
(1) any activities necessary to ensure the compliance of the
United States with its obligations or the exercise of rights of
the United States under any bilateral or multilateral arms
control or nonproliferation agreement or any other treaty
obligation of the United States; and
(2) any activities required to provide logistical or other
support to the conduct of United States or North Atlantic Treaty
Organization military operations in Afghanistan or the
withdrawal from Afghanistan.
(c) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary of Defense, in coordination with the
Secretary of State--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) submits to the appropriate congressional committees--
(A) a notification that the waiver is in the
national security interest of the United States and a
description of the national security interest covered by
the waiver; and
(B) a report explaining why the Secretary of Defense
cannot make the certification under subsection (a).
(d) Exception for Certain Military Bases.--The certification
requirement specified in paragraph (1) of subsection (a) shall not apply
to military bases of the Russian Federation in Ukraine's Crimean
peninsula operating in accordance with its 1997 agreement on the Status
and Conditions of the Black Sea Fleet Stationing on the Territory of
Ukraine.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY ON TRAINING FOR
EASTERN EUROPEAN NATIONAL MILITARY
FORCES IN THE COURSE OF MULTILATERAL
EXERCISES.
(a) Forces Eligible for Training.--Subsection (a) of section 1251 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1070; 10 U.S.C. 2282 note) is amended by striking
``national military forces'' and inserting ``national security forces''.
(b) Additional Source of Funding.--Subsection (d)(2) of such section
is amended by adding at the end the following new subparagraph:
``(C) Amounts authorized to be appropriated for a
fiscal year for overseas contingency operations for
operation and maintenance, Army, and available for
additional activities for the European Deterrence
Initiative for that fiscal year.''.
(c) One-Year Extension.--Subsection (h) of such section is amended--
(1) by striking ``September 30, 2017'' and inserting
``September 30, 2018''; and
[[Page 130 STAT. 2490]]
(2) by striking ``through 2017'' and inserting ``through
2018''.
(d) Conforming Amendment.--The heading of such section is amended to
read as follows:
``SEC. 1251. TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY
FORCES IN THE COURSE OF MULTILATERAL
EXERCISES.''.
SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION
OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the restriction on the obligation or
expenditure of funds required by subsection (a) if the Secretary--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the Committee
on Armed Services and the Committee on Foreign Affairs of the
House of Representatives a notification of the waiver at the
time the waiver is invoked.
SEC. 1235. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
(a) Additional Matters To Be Included in Report.--Subsection (b) of
section 1245 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3566), as amended by section 1248 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1066), is further amended--
(1) by redesignating paragraphs (10) through (18) as
paragraphs (12) through (20), respectively;
(2) by inserting after paragraph (9) the following new
paragraphs:
``(10) In consultation with the Secretary of State, the
Secretary of the Treasury, and the Director of National
Intelligence, an assessment of Russia's diplomatic, economic,
and intelligence operations in Ukraine.
``(11) A summary of all Russian foreign military
deployments, as of the date that is one month before the date of
submission of the report, including for each deployment the
estimated number of forces deployed, the types of capabilities
deployed (including any advanced weapons), the length of
deployment as of such date, and, if known, any basing agreement
with the host nation.'';
(3) by striking paragraph (14), as redesignated by paragraph
(1) of this subsection, and inserting the following new
paragraph:
``(14) An analysis of the nuclear strategy and associated
doctrine of Russia and of the capabilities, range, and readiness
of all Russian nuclear systems and delivery methods.''; and
[[Page 130 STAT. 2491]]
(4) in paragraph (18)(B), as redesignated by paragraph (1)
of this subsection, by striking ``day before the date of
submission of the report'' and inserting ``date that is one
month before the date of submission of the report''.
(b) Publishing Requirement.--Such section is further amended--
(1) <<NOTE: 22 USC 8909.>> by redesignating subsections
(d), (e), and (f) as subsections (e), (f), and (g),
respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Publishing Requirement.--Upon submission of the report
required under subsection (a) in both classified and unclassified form,
the Secretary of Defense shall publish the unclassified form on the
website of the Department of Defense.''.
(c) Sunset.--Subsection (g) of such section, as redesignated by
subsection (b)(1) of this section, is amended by striking ``June 1,
2018'' and inserting ``January 31, 2021''.
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.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available by this Act or any other Act for fiscal year
2017 or any subsequent fiscal year may be used to vote to approve or
otherwise adopt any implementing decision of the Open Skies Consultative
Commission pursuant to Article X of the Open Skies Treaty to authorize
approval of requests by state parties to the Treaty to certify infra-red
or synthetic aperture radar sensors pursuant to Article IV of the Treaty
unless and until the Secretary of Defense, jointly with the relevant
United States Government officials, submits to the appropriate
congressional committees the following:
(1) A certification that the implementing decision would not
be detrimental or otherwise harmful to the national security of
the United States.
(2) A report on the Open Skies Treaty that includes the
following:
(A) The annual costs to the United States associated
with countermeasures to combat potential abuses of
observation flights by the Russian Federation carried
out under the Treaty over European and United States
territories involving infra-red or synthetic aperture
radar sensors.
(B) A plan, and its estimated comparative cost, to
replace the Treaty architecture with a more robust
sharing of overhead commercial imagery, consistent with
United States national security, with covered state
parties, excluding the Russian Federation.
(C) An evaluation by the Director of National
Intelligence of matters concerning how an observation
flight described in subparagraph (A) could implicate
intelligence activities of the Russian Federation in the
United States and United States counterintelligence
activities and vulnerabilities.
(D) An assessment of how such information is used by
the Russian Federation, for what purpose, and how
[[Page 130 STAT. 2492]]
the information fits into the Russian Federation's
overall collection posture.
(b) Certification.--Not later than 90 days before the date on which
the United States votes to approve or otherwise adopt any implementing
decision of the Open Skies Consultative Commission as described in
subsection (a), the Secretary of State shall--
(1) submit to the appropriate congressional committees a
certification that--
(A) the Russian Federation--
(i) is not taking any actions that are
inconsistent with the terms of the Open Skies
Treaty;
(ii) is not exceeding the imagery limits set
forth in the Treaty; and
(iii) is allowing observation flights by
covered state parties over all of Moscow,
Chechnya, Kaliningrad and within 10 kilometers of
its border with Georgia's occupied territories of
Abkhazia and South Ossetia without restriction and
without inconsistency to requirements under the
Treaty; and
(B) covered state parties have been notified and
briefed on concerns of the intelligence community (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) regarding infra-red or synthetic
aperture radar sensors used under the Open Skies Treaty;
or
(2) if the Secretary of State is unable to make a
certification under paragraph (1), submit to the appropriate
congressional committees a report that contains the reasons why
the Secretary cannot make such certification and a justification
why it is in the national interest of the United States to vote
to approve or otherwise adopt such implementing decision.
(c) Quarterly Report.--
(1) In general.--The Secretary of Defense, jointly with the
Secretary of Energy, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and the
Director of National Intelligence, shall submit to the
appropriate congressional committees on a quarterly basis a
report on all observation flights by the Russian Federation over
the United States during the preceding calendar quarter.
(2) Contents.--The report required under paragraph (1) shall
include the following with respect to each such observation
flight:
(A) A description of the flight path.
(B) An analysis of whether and the extent to which
any United States critical infrastructure was the
subject of image capture activities of such observation
flight.
(C) An estimate for the mitigation costs imposed on
the Department of Defense or other United States
Government agencies by such observation flight.
(D) An assessment of how such information is used by
the Russian Federation, for what purpose, and how the
information fits into the Russian Federation's overall
collection posture.
(3) Sunset.--The requirements of this subsection shall
terminate 5 years after the date of the enactment of this Act.
(d) Additional Limitation.--
[[Page 130 STAT. 2493]]
(1) In general.--Not more than 65 percent of the funds
authorized to be appropriated or otherwise made available by
this Act or any other Act for fiscal year 2017 may be used to
carry out any activities to implement the Open Skies Treaty
until the requirements described in paragraph (2) are met.
(2) Requirements described.--The requirements described in
this paragraph are the following:
(A) The Director of National Intelligence and the
Director of the National Geospatial-Intelligence Agency
jointly submit to the appropriate congressional
committees a report on the following:
(i) Whether it is possible, consistent with
United States national security interests, to
provide enhanced access to United States
commercial imagery or other United States
capabilities, consistent with the protection of
sources and methods and United States national
security, to covered state parties that is
qualitatively similar to that derived by
observation flights over the territory of the
United States or over the territory of a covered
state party under the Open Skies Treaty, on a more
timely basis.
(ii) What the cost would be to provide
enhanced access to such commercial imagery or
other capabilities as compared to the current
imagery sharing through the Treaty.
(iii) Whether any new agreements would be
needed to provide enhanced access to such
commercial imagery or other capabilities and what
would be required to obtain such agreements.
(iv) Whether transitioning to such commercial
imagery or other capabilities from the current
imagery sharing through the Treaty would reduce
opportunities by the Russian Federation to exceed
imagery limits and reduce utility for Russian
intelligence collection against the United States
or covered state parties.
(v) How such commercial imagery or other
capabilities would compare to the current imagery
sharing through the Treaty.
(B) The Secretary of State, in consultation with the
Director of the National Geospatial Intelligence Agency
and the Secretary of Defense, submits to the appropriate
congressional committees a report that--
(i) details the costs for implementation of
the Open Skies Treaty, including--
(I) mitigation costs relating to
national security; and
(II) aircraft, sensors, and related
overhead and implementation costs for
covered state parties; and
(ii) describes the impact on contributions and
participation by covered state parties and
relationships among covered state parties in the
context of the Open Skies Treaty, the North
Atlantic Treaty Organization, and any other venues
for United States partnership dialogue and
activity.
(e) Form.--Each certification, report, and notice required under
this section shall be submitted in unclassified form, but may contain a
classified annex if necessary.
[[Page 130 STAT. 2494]]
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Covered state party.--The term ``covered state party''
means a foreign country that--
(A) is a state party to the Open Skies Treaty; and
(B) is a United States ally.
(3) Infra-red or synthetic aperture radar sensor.--The term
``infra-red or synthetic aperture radar sensor'' means a sensor
that is classified as--
(A) an infra-red line-scanning device under category
C of paragraph 1 of Article IV of the Open Skies Treaty;
or
(B) a sideways-looking synthetic aperture radar
under category D of paragraph 1 of Article IV of the
Open Skies Treaty.
(4) Observation flight.--The term ``observation flight'' has
the meaning given such term in Article II of the Open Skies
Treaty.
(5) Open skies treaty; treaty.--The term ``Open Skies
Treaty'' or ``Treaty'' means the Treaty on Open Skies, done at
Helsinki March 24, 1992, and entered into force January 1, 2002.
(6) Relevant united states government officials.--The term
``relevant United States Government officials'' means the
following:
(A) The Secretary of Energy.
(B) The Secretary of Homeland Security.
(C) The Director of the Federal Bureau of
Investigation.
(D) The Director of National Intelligence.
(E) The Commander of U.S. Strategic Command and the
Commander of U.S. Northern Command in the case of an
observation flight over the territory of the United
States.
(F) The Commander of U.S. European Command in the
case of an observation flight other than an observation
flight described in subparagraph (E).
(7) Sensor.--The term ``sensor'' has the meaning given such
term in Article II of the Open Skies Treaty.
SEC. 1237. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
(a) Funding.--Section 1250 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended--
(1) in subsection (a), by striking ``Of the amounts'' and
all that follows through ``shall be available to'' and inserting
``Amounts available for a fiscal year under subsection (f) shall
be available to'';
(2) by redesignating subsection (f) as subsection (h); and
[[Page 130 STAT. 2495]]
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Funding.--From amounts authorized to be appropriated for the
fiscal year concerned for the Department of Defense for overseas
contingency operations, up to the following shall be available for
purposes of subsection (a):
``(1) For fiscal year 2016, $300,000,000.
``(2) For fiscal year 2017, $350,000,000.''.
(b) Additional Authorized Assistance.--Subsection (b) of such
section is amended by adding at the end the following new paragraphs:
``(10) Equipment and technical assistance to the State
Border Guard Service of Ukraine for the purpose of developing a
comprehensive border surveillance network for Ukraine.
``(11) Training for staff officers and senior leadership of
the military.''.
(c) Availability of Funds.--Subsection (c) of such section is
amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Assistance for ukraine.--Not more than $175,000,000 of
the funds available for fiscal year 2017 pursuant to subsection
(f)(2) may be used for purposes of subsection (a) until the
certification described in paragraph (2) is made.
``(2) Certification.--The certification described in this
paragraph is a certification by the Secretary of Defense, in
coordination with the Secretary of State, that the Government of
Ukraine has taken substantial actions to make defense
institutional reforms, in such areas as civilian control of the
military, cooperation and coordination with Verkhovna Rada
efforts to exercise oversight of the Ministry of Defense and
military forces, increased transparency and accountability in
defense procurement, and improvement in transparency,
accountability, and potential opportunities for privatization in
the defense industrial sector, for purposes of decreasing
corruption, increasing accountability, and sustaining
improvements of combat capability enabled by assistance under
subsection (a). The certification shall include an assessment of
the substantial actions taken to make such defense institutional
reforms and the areas in which additional action is needed.'';
(2) in paragraph (3), by striking the matter preceding
subparagraph (A) and inserting the following:
``(3) Other purposes.--If in fiscal year 2017 funds are not
available for purposes of subsection (a) by reason of the lack
of a certification described in paragraph (2), such funds may be
used in that fiscal year for the purposes as follows, with not
more than $100,000,000 available for the purposes as follows for
any particular country:''; and
(3) by adding at the end the following new paragraph:
``(4) Notice to congress.--Not later than 15 days before
providing assistance or support under paragraph (3), the
Secretary of Defense shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a notification containing the following:
``(A) The recipient foreign country.
[[Page 130 STAT. 2496]]
``(B) A detailed description of the assistance or
support to be provided, including--
``(i) the objectives of such assistance or
support;
``(ii) the budget for such assistance or
support; and
``(iii) the expected or estimated timeline for
delivery of such assistance or support.
``(C) Such other matters as the Secretary considers
appropriate.''.
(d) Construction With Other Authority.--Such section is further
amended by inserting after subsection (f), as amended by subsection
(a)(3) of this section, the following new subsection (g):
``(g) Construction With Other Authority.--The authority to provide
assistance and support pursuant to subsection (a), and the authority to
provide assistance and support under subsection (c), is in addition to
authority to provide assistance and support under title 10, United
States Code, the Foreign Assistance Act of 1961, the Arms Export Control
Act, or any other provision of law.''.
(e) Extension.--Subsection (h) of such section, as redesignated by
subsection (a)(2) of this section, is amended by striking ``December 31,
2017'' and inserting ``December 31, 2018''.
(f) Extension of Reports on Military Assistance to Ukraine.--Section
1275(e) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3592), as amended by section 1250(g) of the National Defense
Authorization Act for Fiscal Year 2016, is further amended by striking
``December 31, 2017'' and inserting ``January 31, 2021''.
SEC. 1238. REPORTS ON INF TREATY AND OPEN SKIES TREATY.
(a) Reports.--Not later than 90 days after the date of the enactment
of this Act, the Chairman of the Joint Chiefs of Staff shall submit to
the appropriate congressional committees the following reports:
(1) A report on the Open Skies Treaty containing--
(A) an assessment, conducted by the Chairman jointly
with the Secretary of Defense and the Secretary of
State, of whether and why the Treaty remains in the
national security interest of the United States,
including if there are compliance concerns related to
implementation of the Treaty by the Russian Federation;
(B) a specific plan by the Chairman jointly with the
Secretary of Defense and the Secretary of State on
remedying any such compliance concerns; and
(C) a military assessment conducted by the Chairman
of such compliance concerns.
(2) A report on the INF Treaty containing--
(A) an assessment, conducted by the Chairman jointly
with the Secretary of Defense and the Secretary of
State, of whether and why the Treaty remains in the
national security interest of the United States,
including how any ongoing violations bear on the
assessment if such a violation is not resolved in the
near-term;
(B) a specific plan by the Chairman jointly with the
Secretary of Defense and the Secretary of State to
remedy violation of the Treaty by the Russian
Federation, and
[[Page 130 STAT. 2497]]
a judgment of whether the Russian Federation intends to
take the steps required to establish verifiable evidence
that the Russian Federation has resumed its compliance
with the Treaty if such non-compliance and
inconsistencies are not resolved by the date of the
enactment of this Act; and
(C) a military assessment conducted by the Chairman
of the risks posed by violation of the Treaty by the
Russian Federation.
(b) Update.--Not later than February 15, 2018, the Chairman, the
Secretary of Defense, and the Secretary of State shall jointly submit to
the appropriate congressional committees an update to each report under
subsection (a).
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(2) The term ``INF Treaty'' means the Treaty Between the
United States of America and the Union of Soviet Socialist
Republics on the Elimination of Their Intermediate-Range and
Shorter-Range Missiles, commonly referred to as the
``Intermediate-Range Nuclear Forces (INF) Treaty'', signed at
Washington December 8, 1987, and entered into force June 1,
1988.
(3) The term ``Open Skies Treaty'' means the Treaty on Open
Skies, done at Helsinki March 24, 1992, and entered into force
January 1, 2002.
Subtitle E--Reform of Department of Defense Security Cooperation
SEC. 1241. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY
COOPERATION.
(a) Statutory Reorganization.--Part I of subtitle A of title 10,
United States Code, is amended--
(1) <<NOTE: 10 USC 311 prec., 351 prec., 371 prec.>> by
redesignating chapters 13, 15, 17, and 18 as chapters 12, 13,
14, and 15, respectively;
(2) by redesignating sections 261, 311, 312, 331, 332, 333,
334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,
381, 382, 383, and 384 (as added by section 1011 of this Act) as
sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 272,
273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284,
respectively; and
(3) by inserting after chapter 15, as redesignated by
paragraph (1), the following new chapter:
``CHAPTER <<NOTE: 10 USC 301 prec.>> 16--SECURITY COOPERATION
``Subchapter Sec.
``I. General Matters.............................................. 301
``II. Military-to-Military Engagements............................ 311
``III. Training With Foreign Forces............................... 321
``IV. Support for Operations and Capacity Building................ 331
[[Page 130 STAT. 2498]]
``V. Educational and Training Activities......................... 341
``VI. Limitations on Use of Department of Defense Funds........... 361
``VII. Administrative and Miscellaneous Matters................... 381
``SUBCHAPTER <<NOTE: 10 USC 301 prec.>> I--GENERAL MATTERS
``Sec.
``301. Definitions.
``Sec. 301. <<NOTE: 10 USC 301.>> Definitions
``In this chapter:
``(1) The terms `appropriate congressional committees' and
`appropriate committees of Congress' mean--
``(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
``(2) The term `defense article' has the meaning given that
term in section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403).
``(3) The term `defense service' has the meaning given that
term in section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403).
``(4) The term `developing country' has the meaning
prescribed by the Secretary of Defense for purposes of this
chapter in accordance with section 1241(n) of the National
Defense Authorization Act for Fiscal Year 2017.
``(5) The term `incremental expenses', with respect to a
foreign country--
``(A) means the reasonable and proper costs of
rations, fuel, training ammunition, transportation, and
other goods and services consumed by the country as a
direct result of the country's participation in
activities authorized by this chapter; and
``(B) does not include--
``(i) any form of lethal assistance (excluding
training ammunition); or
``(ii) pay, allowances, and other normal costs
of the personnel of the country.
``(6) The term `national security forces', in the case of a
foreign country, means the following:
``(A) National military and national-level security
forces of the foreign country that have the functional
responsibilities for which training is authorized in
section 333(a) of this title.
``(B) With respect to operations referred to in
section 333(a)(2) of this title, military and civilian
first responders of the foreign country at the national
or local level that have such operations among their
functional responsibilities.
``(7) The term `security cooperation programs and activities
of the Department of Defense' means any program, activity
(including an exercise), or interaction of the Department of
Defense with the security establishment of a foreign country to
achieve a purpose as follows:
[[Page 130 STAT. 2499]]
``(A) To build and develop allied and friendly
security capabilities for self-defense and multinational
operations.
``(B) To provide the armed forces with access to the
foreign country during peacetime or a contingency
operation.
``(C) To build relationships that promote specific
United States security interests.
``(8) The term `small-scale construction' means construction
at a cost not to exceed $750,000 for any project.
``(9) The term `training' has the meaning given the term
`military education and training' in section 644 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403).
``SUBCHAPTER <<NOTE: 10 USC 311 prec.>> II--MILITARY-TO-MILITARY
ENGAGEMENTS
``Sec.
``311. Exchange of defense personnel between United States and friendly
foreign countries: authority.
``312. Payment of personnel expenses necessary for theater security
cooperation.
``313. Bilateral or regional cooperation programs: awards and mementos
to recognize superior noncombat achievements or performance.
``SUBCHAPTER <<NOTE: 10 USC 321 prec.>> III--TRAINING WITH FOREIGN
FORCES
``Sec.
``321. Training with friendly foreign countries: payment of training and
exercise expenses.
``322. Special operations forces: training with friendly foreign forces.
``SUBCHAPTER <<NOTE: 10 USC 331 prec.>> IV--SUPPORT FOR OPERATIONS AND
CAPACITY BUILDING
``Sec.
``331. Friendly foreign countries: authority to provide support for
conduct of operations.
``332. Friendly foreign countries; international and regional
organizations: defense institution capacity building.
``333. Foreign security forces: authority to build capacity.
``SUBCHAPTER <<NOTE: 10 USC 341 prec.>> V--EDUCATIONAL AND TRAINING
ACTIVITIES
``Sec.
``341. Department of Defense State Partnership Program.
``342. Regional centers for security studies.
``343. Western Hemisphere Institute for Security Cooperation.
``344. Participation in multinational military centers of excellence.
``345. Regional Defense Combating Terrorism Fellowship Program.
``346. Distribution to certain foreign personnel of education and
training materials and information technology to enhance
military interoperability with the armed forces.
``347. International engagement authorities for service academies.
``348. Aviation Leadership Program.
``349. Inter-American Air Forces Academy.
``350. Inter-European Air Forces Academy.
``SUBCHAPTER <<NOTE: 10 USC 361 prec.>> VI--LIMITATIONS ON USE OF
DEPARTMENT OF DEFENSE FUNDS
``Sec.
``361. Prohibition on providing financial assistance to terrorist
countries.
``362. Prohibition on use of funds for assistance to units of foreign
security forces that have committed a gross violation of
human rights.
[[Page 130 STAT. 2500]]
``SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS MATTERS
``Sec.
``381. Consolidated budget.
``382. Execution and administration of programs and activities.
``383. Assessment, monitoring, and evaluation of programs and
activities.
``384. Department of Defense security cooperation workforce development.
``385. Department of Defense support for other departments and agencies
of the United States Government that advance Department of
Defense security cooperation objectives.
``386. Annual report.''.
(b) Transfer of Section 1051b.--Section 1051b of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
subsection (a)(3), inserted after the table of sections at the beginning
of subchapter II of such chapter, and redesignated as section 313.
(c) Codification of Section 1081 of FY 2012 NDAA.--
(1) Codification.--Chapter 16 of title 10, United States
Code, as added by subsection (a)(3), is amended by inserting
after the table of sections at the beginning of subchapter IV a
new section 332 consisting of--
(A) a heading as follows:
``Sec. 332. <<NOTE: 10 USC 332 note.>> Friendly foreign
countries; international and regional
organizations: defense institution capacity
building''; and
(B) a text consisting of the text of subsections
(a), (b), and (d) of section 1081 of the National
Defense Authorization Act for Fiscal Year 2012 (10
U.S.C. 168 note).
(2) Conforming amendment.--Section 332 of title 10, United
States Code, as so amended, is further amended by redesignating
subsection (d) as subsection (c).
(3) Conforming repeal.--Section 1081 of the National Defense
Authorization Act for Fiscal Year 2012 <<NOTE: 10 USC 168
note.>> is repealed.
(d) Superseding Authority To Train and Equip Foreign Security
Forces.--
(1) Superseding authority.--Chapter 16 of title 10, United
States Code, as added by subsection (a)(3), is amended by
inserting after section 332, as added by subsection (c), the
following new section:
``Sec. 333. <<NOTE: 10 USC 333 note.>> Foreign security forces:
authority to build capacity
``(a) Authority.--The Secretary of Defense is authorized to conduct
or support a program or programs to provide training and equipment to
the national security forces of one or more foreign countries for the
purpose of building the capacity of such forces to conduct one or more
of the following:
``(1) Counterterrorism operations.
``(2) Counter-weapons of mass destruction operations.
``(3) Counter-illicit drug trafficking operations.
``(4) Counter-transnational organized crime operations.
``(5) Maritime and border security operations.
``(6) Military intelligence operations.
``(7) Operations or activities that contribute to an
international coalition operation that is determined by the
Secretary to be in the national interest of the United States.
[[Page 130 STAT. 2501]]
``(b) Concurrence and Coordination With Secretary of State.--
``(1) Concurrence in conduct of programs.--The concurrence
of the Secretary of State is required to conduct or support any
program authorized by subsection (a).
``(2) Joint development and planning of programs.--The
Secretary of Defense and the Secretary of State shall jointly
develop and plan any program carried out pursuant to subsection
(a).
``(3) Implementation of programs.--The Secretary of Defense
and the Secretary of State shall coordinate the implementation
of any program under subsection (a). The Secretary of Defense
and the Secretary of State shall each designate an individual
responsible for program coordination under this paragraph at the
lowest appropriate level in the Department concerned.
``(4) Coordination in preparation of certain notices.--Any
notice required by this section to be submitted to the
appropriate committees of Congress shall be prepared in
coordination with the Secretary of State.
``(c) Types of Capacity Building.--
``(1) Authorized elements.--A program under subsection (a)
may include the provision and sustainment of defense articles,
training, defense services, supplies (including consumables),
and small-scale construction.
``(2) Required elements.--A program under subsection (a)
shall include elements that promote the following:
``(A) Observance of and respect for the law of armed
conflict, human rights and fundamental freedoms, and the
rule of law.
``(B) Respect for civilian control of the military.
``(3) Human rights training.--In order to meet the
requirement in paragraph (2)(A) with respect to particular
national security forces under a program under subsection (a),
the Secretary of Defense shall certify, prior to the initiation
of the program, that the Department of Defense is already
undertaking, or will undertake as part of the security sector
assistance provided to the foreign country concerned, human
rights training that includes a comprehensive curriculum on
human rights and the law of armed conflict, as applicable, to
such national security forces.
``(4) Institutional capacity building.--In order to meet the
requirement in paragraph (2)(B) with respect to a particular
foreign country under a program under subsection (a), the
Secretary shall certify, prior to the initiation of the program,
that the Department is already undertaking, or will undertake as
part of the program, a program of institutional capacity
building with appropriate institutions of such foreign country
that is complementary to the program with respect to such
foreign country under subsection (a). The purpose of the program
of institutional capacity building shall be to enhance the
capacity of such foreign country to exercise responsible
civilian control of the national security forces of such foreign
country.
``(d) Limitations.--
``(1) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection
[[Page 130 STAT. 2502]]
(a) to provide any type of assistance described in subsection
(c) that is otherwise prohibited by any provision of law.
``(2) Prohibition on assistance to units that have committed
gross violations of human rights.--The provision of assistance
pursuant to a program under subsection (a) shall be subject to
the provisions of section 362 of this title.
``(3) Duration of sustainment support.--Sustainment support
may not be provided pursuant to a program under subsection (a),
or for equipment previously provided by the Department of
Defense under any authority available to the Secretary during
fiscal year 2015 or 2016, for a period in excess of five years
unless the notice on the program pursuant to subsection (e)
includes the information specified in paragraph (7) of
subsection (e).
``(e) Notice and Wait on Activities Under Programs.--Not later than
15 days before initiating activities under a program under subsection
(a), the Secretary of Defense shall submit to the appropriate committees
of Congress a written and electronic notice of the following:
``(1) The foreign country, and specific unit, whose capacity
to engage in activities specified in subsection (a) will be
built under the program, and the amount, type, and purpose of
the support to be provided.
``(2) A detailed evaluation of the capacity of the foreign
country and unit to absorb the training or equipment to be
provided under the program.
``(3) The cost, implementation timeline, and delivery
schedule for assistance under the program.
``(4) A description of the arrangements, if any, for the
sustainment of the program and the estimated cost and source of
funds to support sustainment of the capabilities and performance
outcomes achieved under the program beyond its completion date,
if applicable.
``(5) Information, including the amount, type, and purpose,
on the security assistance provided the foreign country during
the three preceding fiscal years pursuant to authorities under
this title, the Foreign Assistance Act of 1961, and any other
train and equip authorities of the Department of Defense.
``(6) A description of the elements of the theater security
cooperation plan of the geographic combatant command concerned,
and of the interagency integrated country strategy, that will be
advanced by the program.
``(7) In the case of a program described in subsection
(d)(3), each of the following:
``(A) A written justification that the provision of
sustainment support described in that subsection for a
period in excess of five years will enhance the security
interest of the United States.
``(B) To the extent practicable, a plan to
transition such sustainment support from funding through
the Department to funding through another security
sector assistance program of the United States
Government or funding through partner nations.
``(f) Quarterly Monitoring Reports.--The Director of the Defense
Security Cooperation Agency shall, on a quarterly basis, submit to the
appropriate committees of Congress a report setting forth, for the
preceding calendar quarter, the following:
[[Page 130 STAT. 2503]]
``(1) Information, by recipient country, of the delivery and
execution status of all defense articles, training, defense
services, supplies (including consumables), and small-scale
construction under programs under subsection (a).
``(2) Information on the timeliness of delivery of defense
articles, defense services, supplies (including consumables),
and small-scale construction when compared with delivery
schedules for such articles, services, supplies, and
construction previously provided to Congress.
``(3) Information, by recipient country, on the status of
funds allocated for programs under subsection (a), including
amounts of unobligated funds, unliquidated obligations, and
disbursements.
``(g) Funding.--
``(1) Sole source of funds.--Amounts for programs carried
out pursuant to subsection (a) in a fiscal year, and for other
purposes in connection with such programs as authorized by this
section, may be derived only from amounts authorized to be
appropriated for such fiscal year for the Department of Defense
for operation and maintenance, Defense-wide, and available for
the Defense Security Cooperation Agency for such programs and
purposes.
``(2) Availability of funds for programs across fiscal
years.--
``(A) In general.--Amounts available in a fiscal
year to carry out the authority in subsection (a) may be
used for programs under that authority that begin in
such fiscal year and end not later than the end of the
second fiscal year thereafter.
``(B) Achievement of full operational capacity.--If,
in accordance with subparagraph (A), equipment or
training is delivered under a program under the
authority in subsection (a) in the fiscal year after the
fiscal year in which the program begins, amounts for
defense articles, training, defense services, supplies
(including consumables), and small-scale construction
associated with such equipment or training and necessary
to ensure that the recipient unit achieves full
operational capability for such equipment or training
may be used in the fiscal year in which the foreign
country takes receipt of such equipment and in the next
two fiscal years.''.
(2) Funding for fiscal year 2017.--Amounts may be available
for fiscal year 2017 for programs and other purposes described
in subsection (g) of section 333 of title 10, United States
Code, as added by paragraph (1), as follows:
(A) Amounts authorized to be appropriated by section
301 for operation and maintenance, Defense-wide, and
available for the Defense Security Cooperation Agency
for such programs and purposes as specified in the
funding table in section 4301.
(B) Amounts authorized to be appropriated by section
1407 for Drug Interdiction and Counter-Drug Activities,
Defense-Wide, as specified in the funding table in
section 4501.
(C) Amounts authorized to be appropriated by section
1504 for operation and maintenance, Defense-wide, for
overseas contingency operations and available for the
[[Page 130 STAT. 2504]]
Defense Security Cooperation Agency for such programs
and purposes as specified in the funding table in
section 4302.
(D) Amounts authorized to be appropriated by section
1504 for operation and maintenance, Defense-wide, for
overseas contingency operations and available for the
Counter Islamic State of Iraq and the Levant Fund as
specified in the funding table in section 4302, which
amounts may be available for such programs and other
purposes with respect to a country other than Iraq or
Syria if--
(i) such programs and other purposes are for
the purpose of countering the Islamic State of
Iraq and the Levant; and
(ii) notice on the use of such amounts for
such programs and other purposes is provided to
Congress in accordance with subsection (e) of
section 333 of title 10, United States Code, as so
added.
(E) Amounts authorized to be appropriated by section
1507 for Drug Interdiction and Counter-Drug Activities,
Defense-Wide, for overseas contingency operations as
specified in the funding table in section 4502 or 4503.
(F) Amounts available for fiscal years before fiscal
year 2017 for the Counterterrorism Partnerships Fund
that remain available for obligation in fiscal year
2017.
(3) Limitation on availability of funds for fiscal year
2017.--Of the amounts available for fiscal year 2017 pursuant to
paragraph (2) for programs and other purposes described in
subsection (g) of section 333 of title 10, United States Code,
as so added, not more than 65 percent of such amounts may be
used for such purposes until the guidance required by paragraph
(4) is submitted to the congressional defense committees as
required by paragraph (4).
(4) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe,
and submit to the congressional defense committees, initial
policy guidance on roles, responsibilities, and processes in
connection with programs and activities authorized by section
333 of title 10, United States Code, as so added. Not later than
270 days after the date of the enactment of this Act, the
Secretary shall prescribe, and submit to the congressional
defense committees, final policy guidance on roles,
responsibilities, and processes in connection with such programs
and activities.
(5) <<NOTE: 10 USC 2282 note.>> Conforming repeals.--
Effective as of the date that is 270 days after the date of the
enactment of this Act, the following provisions of law are
repealed:
(A) Section 2282 of title 10, United States Code.
(B) The following provisions of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-
66):
(i) Section 1204 (127 Stat. 896; 10 U.S.C. 401
note).
(ii) Section 1207 (127 Stat. 902; 22 U.S.C.
2151 note).
[[Page 130 STAT. 2505]]
(C) Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881).
(6) Clerical amendment.--Effective as of the date that is
270 days after the date of the enactment of this Act, the table
of sections at the beginning of chapter 136 of title 10, United
States Code, <<NOTE: 10 USC 2281 prec. and note.>> is amended by
striking the item relating to section 2282.
(e) Transfer and Modification of Section 184 and Codification of
Related Provisions.--
(1) Transfer and redesignation.--Section 184 of title 10,
United States Code, is transferred to chapter 16 of such title
as added by subsection (a)(3), inserted after the table of
sections at the beginning of subchapter V of such chapter, and
redesignated as section 342.
(2) Modification of authorities and codification of
reimbursement-related provisions.--Section 342 of title 10,
United States Code, as so transferred and redesignated, is
amended--
(A) in subsection (a), by striking ``and exchange of
ideas'' and inserting ``exchange of ideas, and
training'';
(B) in subsection (b)--
(i) in paragraph (1)(B), by striking ``and
exchange of ideas'' and inserting ``exchange of
ideas, and training''; and
(ii) in paragraph (3), by striking ``, except
as specifically provided by law after October 17,
2006'';
(C) in subsection (c), by adding at the end the
following new sentence: ``The regulations shall
prioritize within the respective areas of focus of each
Regional Center the functional areas for engagement of
territorial and maritime security, transnational and
asymmetric threats, and defense sector governance.'';
and
(D) in subsection (f)--
(i) in paragraph (3)--
(I) by inserting ``(A)'' after
``(3)'';
(II) in subparagraph (A), as so
designated, by striking ``civilian
government officials'' and inserting
``personnel''; and
(III) by adding at the end the
following new subparagraph:
``(B)(i) The Secretary of Defense may, with the concurrence of the
Secretary of State, waive reimbursement otherwise required under this
subsection of the costs of activities of the Regional Centers for
personnel of nongovernmental and international organizations who
participate in activities of the Regional Centers that enhance
cooperation of nongovernmental organizations and international
organizations with United States forces if the Secretary of Defense
determines that attendance of such personnel without reimbursement is in
the national security interest of the United States.
``(ii) The amount of reimbursement that may be waived under clause
(i) in any fiscal year may not exceed $1,000,000.''; and
(ii) in paragraph (5), by striking ``under the
Latin American cooperation authority'' and all
that follows and inserting ``under section 312 of
this title are also
[[Page 130 STAT. 2506]]
available for the costs of the operation of the
Regional Centers.''.
(3) Codification of provisions relating to specific
centers.--Such section 342, as so transferred and redesignated,
is further amended by adding at the end the following new
subsections:
``(h) Authorities Specific to Marshall Center.--(1) The Secretary of
Defense may authorize participation by a European or Eurasian country in
programs of the George C. Marshall Center for Security Studies (in this
subsection referred to as the `Marshall Center') if the Secretary
determines, after consultation with the Secretary of State, that such
participation is in the national interest of the United States.
``(2)(A) In the case of any person invited to serve without
compensation on the Marshall Center Board of Visitors, the Secretary of
Defense may waive any requirement for financial disclosure that would
otherwise apply to that person solely by reason of service on such
Board.
``(B) A member of the Marshall Center Board of Visitors may not be
required to register as an agent of a foreign government solely by
reason of service as a member of the Board.
``(C) Notwithstanding section 219 of title 18, a non-United States
citizen may serve on the Marshall Center Board of Visitors even though
registered as a foreign agent.
``(3)(A) The Secretary of Defense may waive reimbursement of the
costs of conferences, seminars, courses of instruction, or similar
educational activities of the Marshall Center for military officers and
civilian officials from states located in Europe or the territory of the
former Soviet Union if the Secretary determines that attendance by such
personnel without reimbursement is in the national security interest of
the United States.
``(B) Costs for which reimbursement is waived pursuant to
subparagraph (A) shall be paid from appropriations available for the
Center.
``(i) Authorities Specific to Inouye Center.--(1) The Secretary of
Defense may waive reimbursement of the cost of conferences, seminars,
courses of instruction, or similar educational activities of the Daniel
K. Inouye Center for Security Studies for military officers and civilian
officials of foreign countries if the Secretary determines that
attendance by such personnel, without reimbursement, is in the national
security interest of the United States.
``(2) Costs for which reimbursement is waived pursuant to paragraph
(1) shall be paid from appropriations available for the Center.''.
(4) Annual review of program structure and programs of
centers.--Such section 342, as amended by this subsection, is
further amended by adding at the end the following new
subsection:
``(j) Annual Review of Program Structure and Programs of Centers.--
(1) The Secretary shall on an annual basis review the program and
structure of each Regional Center in order to determine whether such
Regional Center is appropriately aligned with the strategic priorities
of the Department of Defense and the applicable geographic combatant
commands.
``(2) The Secretary may revise the program, structure, or both of a
Regional Center following an annual review under paragraph
[[Page 130 STAT. 2507]]
(1) in order to more appropriately align the Regional Center with
strategic priorities and the geographic combatant commands as described
in that paragraph..''.
(5) Repeal of codified provisions.--The following provisions
of law are repealed:
(A) Section 941(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 10 U.S.C. 184 note).
(B) Section 1065 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 10 U.S.C. 113 note).
(C) Section 1306 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2892).
(D) Section 8073 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 10 U.S.C.
prec. 2161 note).
(f) Transfer of Section 2166.--
(1) Transfer and redesignation.--Section 2166 of title 10,
United States Code, is transferred to chapter 16 of such title,
as added by subsection (a)(3), inserted after section 342, as
transferred and redesignated by subsection (e), and redesignated
as section 343.
(2) Conforming stylistic amendments.--Such section 343, as
so transferred and redesignated, is amended by striking
``nations'' each place it appears in subsections (b) and (c) and
inserting ``countries''.
(g) Transfer of Section 2350m.--
(1) Transfer and redesignation.--Section 2350m of title 10,
United States Code, is transferred to chapter 16 of such title,
as added by subsection (a)(3), inserted after section 343, as
transferred and redesignated by subsection (f), and redesignated
as section 344.
(2) Conforming amendments.--Such section 344, as so
transferred and redesignated, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(h) Transfer of Section 2249d.--
(1) Transfer and redesignation.--Section 2249d of title 10,
United States Code, is transferred to chapter 16 of such title,
as added by subsection (a)(3), inserted after section 344, as
transferred and redesignated by subsection (g), and redesignated
as section 346.
(2) Conforming and stylistic amendments.--Such section 346,
as so transferred and redesignated, is amended--
(A) by striking ``nations'' in subsections (a) and
(d) and inserting ``countries''; and
(B) by striking subsections (f) and (g).
(i) Reenactment of Chapter 905.--
(1) Consolidation of sections 9381, 9382, and 9383.--Chapter
16 of title 10, United States Code, as added by subsection
(a)(3), is amended by inserting after section 346, as
transferred and redesignated by subsection (h), the following
new section:
[[Page 130 STAT. 2508]]
``Sec. 348. <<NOTE: 10 USC 348 note.>> Aviation Leadership
Program
``(a) In General.--Under regulations prescribed by the Secretary of
Defense, the Secretary of the Air Force may carry out an Aviation
Leadership Program to provide undergraduate pilot training and necessary
related training to personnel of the air forces of friendly, developing
foreign countries. Training under this section shall include language
training and programs to promote better awareness and understanding of
the democratic institutions and social framework of the United States.
``(b) Supplies and Clothing.--(1) The Secretary of the Air Force
may, under such conditions as the Secretary may prescribe, provide to a
person receiving training under this section--
``(A) transportation incident to the training;
``(B) supplies and equipment to be used during the training;
``(C) flight clothing and other special clothing required
for the training; and
``(D) billeting, food, and health services.
``(2) The Secretary may authorize such expenditures from the
appropriations of the Air Force as the Secretary considers necessary for
the efficient and effective maintenance of the Program in accordance
with this section.
``(c) Allowances.--The Secretary of the Air Force may pay to a
person receiving training under this section a living allowance at a
rate to be prescribed by the Secretary, taking into account the amount
of living allowances authorized for a member of the armed forces under
similar circumstances.''.
(2) <<NOTE: 10 USC 9381 prec., 9381-9383.>> Conforming
repeal.--Chapter 905 of such title is repealed.
(j) Transfer of Section 9415.--
(1) In general.--Section 9415 of title 10, United States
Code, is transferred to chapter 16 of such title, as added by
subsection (a)(3), inserted after section 348, as added by
subsection (i), and redesignated as section 349.
(2) Conforming amendment for standardization with certain
other air forces academy authority.--Such section 349, as so
transferred and amended, is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Limitations.--
``(1) Concurrence of secretary of state.--Military personnel
of a foreign country may be provided education and training
under this section only with the concurrence of the Secretary of
State.
``(2) Assistance otherwise prohibited by law.--Education and
training may not be provided under this section to the military
personnel of any country that is otherwise prohibited from
receiving such type of assistance under any other provision of
law.''.
(k) Codification of Section 1268 of FY 2015 NDAA.--
(1) Codification.--Chapter 16 of title 10, United States
Code, as added by subsection (a)(3), is amended by inserting
after section 349, as transferred and redesignated by subsection
(j), a new section 350 consisting of--
(A) a heading as follows:
[[Page 130 STAT. 2509]]
``Sec. 350. <<NOTE: 10 USC 350.>> Inter-European Air Forces
Academy''; and
(B) a text consisting of the text of subsections (a)
through (f) of section 1268 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3585; 10 U.S.C. 9411 note).
(2) Conforming repeal.--Section 1268 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 <<NOTE: 10 USC 9411 note.>> is repealed.
(l) Transfer of Sections 2249a and 2249e.--
(1) Transfer and redesignation.--Sections 2249a and 2249e of
title 10, United States Code, are transferred to chapter 16 of
such title, as added by subsection (a)(3), inserted after the
table of sections at the beginning of subchapter VI of such
chapter, and redesignated as sections 361 and 362, respectively.
(2) Conforming repeal relating to superseded definition of
congressional committees.--Section 362 of such title, as
transferred and redesignated by paragraph (1), is amended by
striking subsection (f).
(m) Administrative Matters.--Chapter 16 of title 10, United States
Code, as added by subsection (a)(3), is amended by inserting after the
table of sections at the beginning of subchapter VII the following new
sections:
``Sec. 382. <<NOTE: 10 USC 382 note.>> Execution and
administration of programs and activities
``(a) Policy Oversight and Resource Allocation.--The Secretary of
Defense shall assign responsibility for the oversight of strategic
policy and guidance and responsibility for overall resource allocation
for security cooperation programs and activities of the Department of
Defense to a single official and office in the Office of the Secretary
of Defense at the level of Under Secretary of Defense or below.
``(b) Execution and Administration of Certain Programs and
Activities.--
``(1) In general.--The Director of the Defense Security
Cooperation Agency shall be responsible for the execution and
administration of all security cooperation programs and
activities of the Department of Defense involving the provision
of defense articles, military training, and other defense-
related services by grant, loan, cash sale, or lease.
``(2) Designation of responsibility.--The Director may
designate an element of an armed force, combatant command,
Defense Agency, Department of Defense Field Activity, or other
element or organization of the Department of Defense to execute
and administer security cooperation programs and activities
described in paragraph (1) if the Director determines that the
designation will achieve maximum effectiveness, efficiency, and
economy in the activities for which designated.
``(c) Availability of Funds.--
``(1) In general.--Funds available to the Defense Security
Cooperation Agency, and other funds available to the Department
of Defense for security cooperation programs and activities of
the Department of Defense, may be used to implement security
cooperation programs and activities of the Department of Defense
authorized by this chapter.
[[Page 130 STAT. 2510]]
``(2) Budget justification.--Funds necessary for
implementing security cooperation programs and activities of the
Department of Defense under this chapter for a fiscal year shall
be identified, with appropriate justification, in the
consolidated budget for such fiscal year required by section 381
of this title.
``Sec. 383. <<NOTE: 10 USC 383 note.>> Assessment, monitoring,
and evaluation of programs and activities
``(a) Program Required.--The Secretary of Defense shall maintain a
program of assessment, monitoring, and evaluation in support of the
security cooperation programs and activities of the Department of
Defense.
``(b) Program Elements and Requirements.--
``(1) Elements.--The program under subsection (a) shall
provide for the following:
``(A) Initial assessments of partner capability
requirements, potential programmatic risks, baseline
information, and indicators of efficacy for purposes of
planning, monitoring, and evaluation of security
cooperation programs and activities of the Department of
Defense.
``(B) Monitoring of implementation of such programs
and activities in order to measure progress in execution
and, to the extent possible, achievement of desired
outcomes.
``(C) Evaluation of the efficiency and effectiveness
of such programs and activities in achieving desired
outcomes.
``(D) Identification of lessons learned in carrying
out such programs and activities, and development of
recommendation for improving future security cooperation
programs and activities of the Department of Defense.
``(2) Best practices.--The program shall be conducted in
accordance with international best practices, interagency
standards, and, if applicable, the Government Performance and
Results Act of 1993 (Public Law 103-62), and the amendments made
by that Act, and the GPRA Modernization Act of 2010 (Public Law
111-352), and the amendments made by that Act.
``(c) Availability of Funds.--
``(1) In general.--Funds available to the Defense Security
Cooperation Agency, and other funds available to the Department
of Defense for security cooperation programs and activities of
the Department of Defense, may be used to carry out the program
required by subsection (a).
``(2) Budget justification.--Funds described in paragraph
(1) for a fiscal year shall be identified, with appropriate
justification, in the consolidated budget for such fiscal year
required by section 381 of this title.
``(d) Reports.--
``(1) Reports to congress.--The Secretary shall submit to
the congressional defense committees each year a report on the
program under subsection (a) during the previous year. Each
report shall include, for the year covered by such report, the
following:
``(A) A description of the activities under the
program.
``(B) An evaluation of the lessons learned and best
practices identified through activities under the
program.
[[Page 130 STAT. 2511]]
``(2) Information for the public on evaluations.--The
Secretary shall make available to the public, on an Internet
website of the Department of Defense available to the public, a
summary of each evaluation conducted pursuant to subsection
(b)(1)(C). In making a summary so available, the Secretary may
redact or omit any information that the Secretary determines
should not be disclosed to the public in order to protect the
interest of the United States or the foreign country or
countries covered by such evaluation.
``Sec. 385. <<NOTE: 10 USC 385 note.>> Department of Defense
support for other departments and agencies of the
United States Government that advance Department
of Defense security cooperation objectives
``(a) Support Authorized.--Subject to subsection (c), the Secretary
of Defense is authorized to support other departments and agencies of
the United States Government for the purpose of implementing or
supporting foreign assistance programs and activities described in
subsection (b) that advance security cooperation objectives of the
Department of Defense.
``(b) Foreign Assistance Programs and Activities.--The foreign
assistance programs and activities described in this subsection are
foreign assistance programs and activities that--
``(1) are necessary for the effectiveness of one or more
programs of the Department of Defense relating to security
cooperation conducted pursuant to an authority in this chapter;
and
``(2) cannot be carried out by the Department.
``(c) Annual Limitation on Amount of Support.--The amount of support
provided pursuant to subsection (a) in any fiscal year may not exceed
$75,000,000.
``(d) Notice and Wait.--If a determination is made to transfer funds
in connection with the provision of support pursuant to subsection (a)
for a program or activity, the transfer may not occur until--
``(1) the Secretary and the head of the department or agency
to receive the funds jointly submit to the congressional defense
committees a notice on the transfer, which notice shall
include--
``(A) a detailed description of the purpose and
estimated cost of such program or activity;
``(B) a detailed description of the security
cooperation objectives of the Department, include the
theater campaign plan of the combatant command
concerned, that will be advanced;
``(C) a justification why such program or activity
will advance such objectives;
``(D) a justification why such program or activity
cannot be carried out by the Department;
``(E) an identification of any funds programmed or
obligated by the department or agency other than the
Department on such program or activity; and
``(F) a timeline for the provision of such support;
and
``(2) a period of 30 days elapses after the date of the
submittal of the notice pursuant to paragraph (1).''.
(n) Prescription of Term ``Developing Country''.--
[[Page 130 STAT. 2512]]
(1) In general.--The Secretary of Defense shall prescribe
the meaning of the term ``developing country'' for purposes of
chapter 16 of title 10, United States Code, as added by
subsection (a)(3), and may from time to time prescribe a
revision to the meaning of that term for those purposes.
(2) Initial prescription.--The Secretary shall first
prescribe the meaning of the term by not later than 270 days
after the date of the enactment of this Act.
(3) Notice to congress.--Whenever the Secretary prescribes
the meaning of the term pursuant to paragraph (1), the Secretary
shall notify the appropriate committees of Congress of the
meaning of the term as so prescribed.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' has
the meaning given that term in section 301(1) of title 10,
United States Code, as so added.
(o) Clerical Amendments.--Title 10, United States Code, is amended
as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, <<NOTE: 10 USC 101
prec.>> are amended--
(A) by revising the chapter references relating to
chapters 13, 15, 17, and 18 (and the section references
therein) to conform to the redesignations made by
paragraphs (1) and (2) of subsection (a); and
(B) by inserting after the item relating to chapter
15, as revised pursuant to subparagraph (A), the
following new item:
``16. Security Cooperation........................................301''.
(2) The section references in the tables of sections at the
beginning of chapters 12, 13, 14, and 15, <<NOTE: 10 USC 246
prec., 251 prec., 261 prec., 271 prec. 10 USC 121 prec.>> as
redesignated by paragraph (1) of subsection (a), are revised to
conform to the redesignations made by paragraph (2) of such
subsection.
(3) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 184.
(4) The table of sections at the beginning of <<NOTE: 10 USC
1030 prec.>> chapter 53 is amended by striking the item relating
to section 1051b.
(5) The table of sections at the beginning of <<NOTE: 10 USC
2161 prec.>> chapter 108 is amended by striking the item
relating to section 2166.
(6) The table of sections at the beginning of subchapter I
of chapter 134 <<NOTE: 10 USC 2241 prec.>> is amended by
striking the items relating to sections 2249a, 2249d, and 2249e.
(7) The table of sections at the beginning of subchapter II
of chapter 138 <<NOTE: 10 USC 2350a prec.>> is amended by
striking the item relating to section 2350m.
(8) The tables of chapters at the beginning of subtitle D,
and at the beginning of part III of subtitle D, <<NOTE: 10 USC
8011 prec., 9301 prec. 10 USC 9411 prec.>> are amended by
striking the item relating to chapter 905.
(9) The table of sections at the beginning of chapter 907 is
amended by striking the item relating to section 9415.
SEC. 1242. MILITARY-TO-MILITARY EXCHANGES.
(a) Codification in New Chapter on Security Cooperation
Activities.--Chapter 16 of title 10, United States Code, as added by
section 1241(a)(3) of this Act, is amended by inserting after the table
of sections at the beginning of subchapter II a new section 311
consisting of--
(1) a heading as follows:
[[Page 130 STAT. 2513]]
``Sec. 311. <<NOTE: 10 USC 311 note.>> Exchange of defense
personnel between United States and friendly
foreign countries: authority''; and
(2) a text consisting of the text of section 1082 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2672; 10 U.S.C. 168 note).
(b) Revisions To Incorporate Permanent Nonreciprocal Exchange
Authority.--Section 311 of title 10, United States Code, as added by
subsection (a), is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following new sentence: ``Any exchange of personnel
under such an agreement is subject to paragraph (3).'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``an ally of the United States or
another friendly foreign country for the
exchange'' and inserting ``a friendly foreign
country or international or regional security
organization for the reciprocal or non-reciprocal
exchange'';
(ii) in subparagraph (A), by striking
``military'' and inserting ``members of the armed
forces''; and
(iii) in subparagraph (B)--
(I) by inserting ``or security''
after ``defense''; and
(II) by inserting before the period
at the end the following: ``or
international or regional security
organization''; and
(C) by adding at the end the following new
paragraph:
``(3) An exchange of personnel under an international defense
personnel exchange agreement under this section may only be made with
the concurrence of the Secretary to State to the extent the exchange is
with either of the following:
``(A) A non-defense security ministry of a foreign
government.
``(B) An international or regional security organization.'';
(2) in subsection (b)(2), by inserting before the period at
the end the following: ``, subject to the concurrence of the
Secretary of State'';
(3) in subsection (c)--
(A) by striking ``Each government shall be required
under'' and inserting ``In the case of''; and
(B) by inserting after ``exchange agreement'' the
following: ``that provides for reciprocal exchanges,
each government shall be required''; and
(4) in subsection (f), by inserting ``defense or security
ministry of that'' after ``military personnel of the''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 1082 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2672; 10
U.S.C. 168 note).
(2) Section 1207 of the National Defense Authorization Act
for Fiscal Year 2010 (10 U.S.C. 168 note).
[[Page 130 STAT. 2514]]
SEC. 1243. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAYMENT
OF PERSONNEL EXPENSES NECESSARY FOR
THEATER SECURITY COOPERATION.
(a) Consolidation and Revision of Authorities in New Chapter on
Security Cooperation Activities.--Chapter 16 of title 10, United States
Code, as added by section 1241(a)(3) of this Act, is amended by
inserting after section 311, as added by section 1242(a) of this Act,
the following new section:
``Sec. 312. <<NOTE: 10 USC 312 note.>> Payment of personnel
expenses necessary for theater security
cooperation
``(a) Authority.--The Secretary of Defense may pay expenses
specified in subsection (b) that the Secretary considers necessary for
theater security cooperation.
``(b) Types of Expenses.--The expenses that may be paid under the
authority provided in subsection (a) are the following:
``(1) Personnel expenses.--The Secretary of Defense may pay
travel, subsistence, and similar personnel expenses of, and
special compensation for, the following that the Secretary
considers necessary for theater security cooperation:
``(A) Defense personnel of friendly foreign
governments.
``(B) With the concurrence of the Secretary of
State, other personnel of friendly foreign governments
and non-governmental personnel.
``(2) Administrative services and support for liaison
officers.--The Secretary of Defense may provide administrative
services and support for the performance of duties by a liaison
officer of a foreign country while the liaison officer is
assigned temporarily to any headquarters in the Department of
Defense.
``(3) Travel, subsistence, and medical care for liaison
officers.--The Secretary of Defense may pay the expenses of a
liaison officer in connection with the assignment of that
officer as described in paragraph (2) if the assignment is
requested by the commander of a combatant command, the Chief of
Staff of the Army, the Chief of Naval Operations, the Chief of
Staff of the Air Force, the Commandant of the Marine Corps, or
the head of a Defense Agency as follows:
``(A) Travel and subsistence expenses.
``(B) Personal expenses directly necessary to carry
out the duties of that officer in connection with that
assignment.
``(C) Expenses for medical care at a civilian
medical facility if--
``(i) adequate medical care is not available
to the liaison officer at a local military medical
treatment facility;
``(ii) the Secretary determines that payment
of such medical expenses is necessary and in the
best interests of the United States; and
``(iii) medical care is not otherwise
available to the liaison officer pursuant to any
treaty or other international agreement.
``(D) Mission-related travel expenses if such travel
meets each of the following conditions:
``(i) The travel is in support of the national
security interests of the United States.
[[Page 130 STAT. 2515]]
``(ii) The officer or official making the
request directs round-trip travel from the
assigned location to one or more travel locations.
``(4) Conferences, seminars, and similar meetings.--The
authority provided by paragraph (1) includes authority to pay
travel and subsistence expenses for personnel described in that
paragraph in connection with the attendance of such personnel at
any conference, seminar, or similar meeting that is in direct
support of enhancing interoperability between the United States
armed forces and the national security forces of a friendly
foreign country for the purposes of conducting operations, the
provision of equipment or training, or the planning for, or the
execution of, bilateral or multilateral training, exercises, or
military operations.
``(5) Other expenses.--In addition to the personnel expenses
payable under paragraph (1), the Secretary of Defense may pay
such other limited expenses in connection with conferences,
seminars, and similar meetings covered by paragraph (4) as the
Secretary considers appropriate in the national security
interests of the United States.
``(c) Limitations on Expenses Payable.--
``(1) Personnel from developing countries.--The authority
provided in subsection (a) may be used only for the payment of
expenses of, and special compensation for, personnel from
developing countries, except that the Secretary of Defense may
authorize the payment of such expenses and special compensation
for personnel from a country other than a developing country if
the Secretary determines that such payment is necessary to
respond to extraordinary circumstances and is in the national
security interest of the United States.
``(2) Non-defense liaison officers.--In the case of a non-
defense liaison officer of a foreign country, the authority of
the Secretary of Defense under subsection (a) to pay expenses
specified in paragraph (2) or (3) of subsection (b) may be
exercised only if the assignment of that liaison officer as a
liaison officer with the Department of Defense was accepted by
the Secretary of Defense with the coordination of the Secretary
of State.
``(d) Reimbursement.--The Secretary of Defense may provide the
services and support specified in subsection (b)(2) with or without
reimbursement from (or on behalf of) the recipients. The terms of
reimbursement (if any) shall be specified in the appropriate agreements
used to assign the liaison officer.
``(e) Monetary Limitations on Expenses Payable.--
``(1) Travel and subsistence expenses generally.--Travel and
subsistence expenses authorized to be paid under subsection (a)
may not, in the case of any individual, exceed the amount that
would be paid under chapter 7 or 8 of title 37 to a member of
the armed forces (of a comparable grade) for authorized travel
of a similar nature.
``(2) Travel and related expenses of liaison officers.--The
amount paid for expenses specified in subsection (b)(3) for any
liaison officer in any fiscal year may not exceed $150,000.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. Such regulations
[[Page 130 STAT. 2516]]
shall be submitted to the Committees on Armed Services of the Senate and
the House of Representatives.
``(g) Administrative Services and Support Defined.--In this section,
the term `administrative services and support' includes base or
installation support services, office space, utilities, copying
services, fire and police protection, training programs conducted to
familiarize, orient, or certify liaison personnel regarding unique
aspects of the assignments of the liaison personnel, and computer
support.''.
(b) Conforming Amendments.--
(1) Repeals.--Sections 1050, 1050a, 1051, and 1051a of title
10, United States Code, <<NOTE: 10 USC 1050-1051a.>> are
repealed.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 53 of such title <<NOTE: 10 USC 1030
prec.>> is amended by striking the items relating to sections
1050, 1050a, 1051, and 1051a.
(c) <<NOTE: 10 USC 1050 note.>> Savings Provision for Fiscal Year
2017.--The authority under section 1050 of title 10, United States Code,
as in effect on the day before the date of the enactment of this Act,
shall continue to apply with respect to the Inter-American Defense
College during fiscal year 2017 under regulations prescribed by the
Secretary of Defense.
SEC. 1244. TRANSFER AND REVISION OF CERTAIN AUTHORITIES ON PAYMENT
OF EXPENSES OF TRAINING AND EXERCISES
WITH FRIENDLY FOREIGN FORCES.
(a) Transfer and Revision of Authority on Payment of Expenses of
Developing Countries.--Section 2010 of title 10, United States Code, is
transferred to chapter 16 of such title, as added by section 1241(a)(3)
of this Act, inserted after the table of sections at the beginning of
subchapter III, redesignated as section 321, and amended to read as
follows:
``Sec. 321. Training with friendly foreign countries: payment of
training and exercise expenses
``(a) Training Authorized.--
``(1) Training with foreign forces generally.--The armed
forces under the jurisdiction of the Secretary of Defense may
train with the military forces or other security forces of a
friendly foreign country if the Secretary determines that it is
in the national security interest of the United States to do so.
``(2) Limitation on training of general purpose forces.--The
general purpose forces of the United States armed forces may
train only with the military forces of a friendly foreign
country.
``(3) Training to support mission essential tasks.--Any
training conducted pursuant to paragraph (1) shall, to the
maximum extent practicable, support the mission essential tasks
for which the unit of the United States armed forces
participating in such training is responsible.
``(4) Elements of training.--Any training conducted pursuant
to paragraph (1) shall, to the maximum extent practicable,
include elements that promote--
``(A) observance of and respect for human rights and
fundamental freedoms; and
``(B) respect for legitimate civilian authority
within the foreign country concerned.
[[Page 130 STAT. 2517]]
``(b) Authority To Pay Training and Exercise Expenses.--Under
regulations prescribed pursuant to subsection (e), the Secretary of a
military department or the commander of a combatant command may pay, or
authorize payment for, any of the following expenses:
``(1) Expenses of training forces assigned or allocated to
that command in conjunction with training, and training with,
the military forces or other security forces of a friendly
foreign country under subsection (a).
``(2) Expenses of deploying such forces for that training.
``(3) The incremental expenses of a friendly foreign country
as the direct result of participating in such training, as
specified in the regulations.
``(4) The incremental expenses of a friendly foreign country
as the direct result of participating in an exercise with the
armed forces under the jurisdiction of the Secretary of Defense.
``(5) Small-scale construction that is directly related to
the effective accomplishment of the training described in
paragraph (1) or an exercise described in paragraph (4).
``(c) Purpose of Training and Exercises.--
``(1) In general.--The primary purpose of the training and
exercises for which payment may be made under subsection (b)
shall be to train United States forces.
``(2) Selection of foreign partners.--Training and exercises
with friendly foreign countries under subsection (a) should be
planned and prioritized consistent with applicable guidance
relating to the security cooperation programs and activities of
the Department of Defense.
``(d) Availability of Funds for Activities That Cross Fiscal
Years.--Amounts available for the authority to pay expenses in
subsection (b) for a fiscal year may be used to pay expenses under that
subsection for training and exercises that begin in such fiscal year but
end in the next fiscal year.
``(e) Quarterly Notice on Planned Training.--Not later than the end
of the first calender quarter beginning after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2017, and
every calender quarter thereafter, the Secretary of Defense shall submit
to the appropriate committees of Congress a notice setting forth the
schedule of planned training engagement pursuant to subsection (a)
during the calendar quarter first following the calendar quarter in
which such notice is submitted.
``(f) Regulations.--
``(1) In general.--The Secretary of Defense shall prescribe
regulations for the administration of this section. The
Secretary shall submit the regulations to the Committees on
Armed Services of the Senate and the House of Representatives.
``(2) Elements.--The regulations required under this section
shall provide the following:
``(A) A requirement that training and exercise
activities may be carried out under this section only
with the prior approval of the Secretary.
``(B) Accounting procedures to ensure that the
expenditures pursuant to this section are appropriate.
``(C) Procedures to limit the payment of incremental
expenses to friendly foreign countries only to
developing
[[Page 130 STAT. 2518]]
countries, except in the case of exceptional
circumstances as specified in the regulations.''.
(b) Transfer of Authority for Payment of Expenses in Connection With
Special Operations Forces Training.--Section 2011 of title 10, United
States Code, is transferred to chapter 16 of such title, inserted after
section 321, as transferred and amended by subsection (a) of this
section, and redesignated as section 322.
(c) Conforming Repeal.--Section 1203 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
894; 10 U.S.C. 2011 note) is repealed.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of title 10, United States Code, <<NOTE: 10 USC 2001
prec.>> is amended by striking the items relating to sections 2010 and
2011.
SEC. 1245. TRANSFER AND REVISION OF AUTHORITY TO PROVIDE
OPERATIONAL SUPPORT TO FORCES OF
FRIENDLY FOREIGN COUNTRIES.
(a) Transfer and Revision.--Section 127d of title 10, United States
Code, is transferred to chapter 16 of such title, as added by section
1241(a)(3) of this Act, inserted after the table of sections at the
beginning of subchapter IV, redesignated as section 331, and amended to
read as follows:
``Sec. 331. Friendly foreign countries: authority to provide
support for conduct of operations
``(a) Authority.--The Secretary of Defense may provide support to
friendly foreign countries in connection with the conduct of operations
designated pursuant to subsection (b).
``(b) Designated Operations.--
``(1) In general.--The Secretary of Defense shall designate
the operations for which support may be provided under the
authority in subsection (a).
``(2) Notice to congress.--The Secretary shall notify the
appropriate committees of Congress of the designation of any
operation pursuant to this subsection.
``(3) Annual review for continuing designation.--The
Secretary shall undertake on an annual basis a review of the
operations currently designated pursuant to this subsection in
order to determine whether each such operation merits continuing
designation for purposes of this section for another year. If
the Secretary determines that any operation so reviewed merits
continuing designation for purposes of this section for another
year, the Secretary--
``(A) may continue the designation of such operation
under this subsection for such purposes for another
year; and
``(B) if the Secretary so continues the designation
of such operation, shall notify the appropriate
committees of Congress of the continuation of
designation of such operation.
``(c) Types of Support Authorized.--The types of support that may be
provided under the authority in subsection (a) are the following:
``(1) Logistic support, supplies, and services to security
forces of a friendly foreign country participating in--
[[Page 130 STAT. 2519]]
``(A) an operation with the armed forces under the
jurisdiction of the Secretary of Defense; or
``(B) a military or stability operation that
benefits the national security interests of the United
States.
``(2) Logistic support, supplies, and services--
``(A) to military forces of a friendly foreign
country solely for the purpose of enhancing the
interoperability of the logistical support systems of
military forces participating in a combined operation
with the United States in order to facilitate such
operation; or
``(B) to a nonmilitary logistics, security, or
similar agency of a friendly foreign government if such
provision would directly benefit the armed forces under
the jurisdiction of the Secretary of Defense.
``(3) Procurement of equipment for the purpose of the loan
of such equipment to the military forces of a friendly foreign
country participating in a United States-supported coalition or
combined operation and the loan of such equipment to those
forces to enhance capabilities or to increase interoperability
with the armed forces under the jurisdiction of the Secretary of
Defense and other coalition partners.
``(4) Provision of specialized training to personnel of
friendly foreign countries in connection with such an operation,
including training of such personnel before deployment in
connection with such operation.
``(5) Small-scale construction to support military forces of
a friendly foreign country participating in a United States-
supported coalition or combined operation when the construction
is directly linked to the ability of such forces to participate
in such operation effectively and is limited to the geographic
area where such operation is taking place.
``(d) Certification Required.--
``(1) Operations in which the united states is not
participating.--The Secretary of Defense may provide support
under subsection (a) to a friendly foreign country with respect
to an operation in which the United States is not participating
only--
``(A) if the Secretary of Defense and the Secretary
of State jointly certify to the appropriate committees
of Congress that the operation is in the national
security interests of the United States; and
``(B) after the expiration of the 15-day period
beginning on the date of such certification.
``(2) Accompanying report.--Any certification under
paragraph (1) shall be accompanied by a report that includes the
following:
``(A) A description of the operation, including the
geographic area of the operation.
``(B) A list of participating countries.
``(C) A description of the type of support and the
duration of support to be provided.
``(D) A description of the national security
interests of the United States supported by the
operation.
``(E) Such other matters as the Secretary of Defense
and the Secretary of State consider significant to a
consideration of such certification.
[[Page 130 STAT. 2520]]
``(e) Secretary of State Concurrence.--The provision of support
under subsection (a) may be made only with the concurrence of the
Secretary of State.
``(f) Support Otherwise Prohibited by Law.--The Secretary of Defense
may not use the authority in subsection (a) to provide any type of
support described in subsection (c) that is otherwise prohibited by any
provision of law.
``(g) Limitations on Value.--
``(1) The aggregate value of all logistic support, supplies,
and services provided under paragraphs (1), (4), and (5) of
subsection (c) in any fiscal year may not exceed $450,000,000.
``(2) The aggregate value of all logistic support, supplies,
and services provided under subsection (c)(2) in any fiscal year
may not exceed $5,000,000.
``(h) Logistic Support, Supplies, and Services Defined.--In this
section, the term `logistic support, supplies, and services' has the
meaning given that term in section 2350(1) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title <<NOTE: 10 USC 121 prec.>> is amended by
striking the item relating to section 127d.
(c) Conforming Repeal.--Section 1207 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1040; 10 U.S.C. 2282 note) is repealed.
SEC. 1246. DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM.
(a) Codification in New Chapter on Security Cooperation
Activities.--Chapter 16 of title 10, United States Code, as added by
section 1241(a)(3) of this Act, is amended by inserting after the table
of sections at the beginning of subchapter V a new section 341
consisting of--
(1) a heading as follows:
``Sec. 341. <<NOTE: 10 USC 341.>> Department of Defense State
Partnership Program''; and
(2) a text consisting of subsections (a) through (g) of
section 1205 of the National Defense Authorization Act for
Fiscal Year 2014 (32 U.S.C. 107 note).
(b) Prohibition on Activities With Units Having Committed Gross
Violations of Human Rights.--Subsection (b) of section 341 of title 10,
United States Code, as added by subsection (a) of this section, is
amended--
(1) by striking `` (b) Limitation.--An activity'' and
inserting the following:
``(b) Limitations.--
``(1) In general.--An activity''; and
(2) by adding at the end the following new paragraph:
``(2) Prohibition on activities with units that have
committed gross violations of human rights.--The conduct of any
activities under a program established under subsection (a)
shall be subject to the provisions of section 362 of this
title.''.
(c) Revisions To Strike Obsolete Provisions and Conform to
Provisions in New Chapter.--Such section 341, as so added, is further
amended--
(1) by striking subsection (d) and inserting the following
new subsection (d):
[[Page 130 STAT. 2521]]
``(d) Regulations.--This section shall be carried out in accordance
with such regulations as the Secretary of Defense shall prescribe for
purposes of this section. Such regulations shall include accounting
procedures to ensure that expenditures of funds to carry out this
section are accounted for and appropriate.''; and
(2) in subsection (g), by striking ``under title 10'' and
all that follows and inserting ``under title 10 as in effect on
December 26, 2013.''.
(d) Annual Reports.--
(1) Reports under codified authority.--Subsection (f) of
such section 341, as so added, is amended--
(A) by striking ``(f) Reports and Notifications.--''
and all that follows through ``(B) Matters to be
included.--'' and inserting the following:
``(f) Annual Reports.--
``(1) In general.--Not later than February 1 following each
of fiscal years 2016, 2017, and 2018, the Secretary of Defense
shall submit to the appropriate congressional committees a
report on activities under each program established under
subsection (a) during such fiscal year.
``(2) Matters to be included.--''; and
(B) in paragraph (2), as redesignated by
subparagraph (A) of this paragraph--
(i) by redesignating clauses (i) through (vi)
as subparagraphs (A) through (F), respectively,
and realigning the margin of each such
subparagraph two ems to the left; and
(ii) in subparagraph (F), as redesignated by
clause (i) of this subparagraph, by striking
``clause (v)'' and inserting ``subparagraph (E)''.
(2) <<NOTE: 10 USC 341 note.>> Reports under codified
reporting authority in new chapter on security cooperation
activities.--Effective as of January 1, 2020--
(A) section 386(c)(1) of title 10, United States
Code, as added by section 1251(d)(1) of this Act, is
amended by inserting ``341,'' after ``333,''; and
(B) section 341 of title 10, United States Code, as
added and amended by this section, is further amended--
(i) by striking subsection (f); and
(ii) by redesignating subsection (g) as
subsection (f).
(e) Conforming Repeal.--Section 1205 of the National Defense
Authorization Act for Fiscal Year 2014 <<NOTE: 32 USC 107 note.>> is
repealed.
SEC. 1247. TRANSFER OF AUTHORITY ON REGIONAL DEFENSE COMBATING
TERRORISM FELLOWSHIP PROGRAM.
(a) Transfer and Redesignation.--Section 2249c of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
section 1241(a)(3) of this Act, inserted after section 344, as
transferred and redesignated by section 1241(g) of this Act, and
redesignated as section 345.
(b) Conforming Amendment in Connection With Transfer to New
Chapter.--Subsection (c) of such section 345, as so transferred and
redesignated, is amended by striking ``to Congress'' and inserting ``to
the appropriate committees of Congress''.
(c) Heading Amendment.--The heading of such section 345, as so
transferred and redesignated, is amended to read as follows:
[[Page 130 STAT. 2522]]
``Sec. 345. <<NOTE: 10 USC 345 note.>> Regional Defense Combating
Terrorism Fellowship Program''.
(d) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 134 of such title <<NOTE: 10 USC 2241 prec.>> is
amended by striking the item relating to section 2249c.
SEC. 1248. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY
INTERNATIONAL ENGAGEMENT.
(a) Consolidation of Authorities.--Chapter 16 of title 10, United
States Code, as added by section 1241(a)(3) of this Act, is amended by
inserting after section 346, as transferred and redesignated by section
1241(h) of this Act, the following new section:
``Sec. 347. <<NOTE: 10 USC 347.>> International engagement
authorities for service academies
``(a) Selection of Persons From Foreign Countries To Receive
Instruction at Service Academies.--
``(1) Attendance authorized.--
``(A) In general.--The Secretary of each military
department may permit persons from foreign countries to
receive instruction at the Service Academy under the
jurisdiction of the Secretary. Such persons shall be in
addition to--
``(i) in the case of the United States
Military Academy, the authorized strength of the
Corps of the Cadets of the Academy under 4342 of
this title;
``(ii) in the case of the United States Naval
Academy, the authorized strength of the Brigade of
Midshipmen of the Academy under section 6954 of
this title; and
``(iii) in the case of the United States Air
Force Academy, the authorized strength of the
Cadet Wing of the Academy under 9342 of this
title.
``(B) Limitation on number.--The number of persons
permitted to receive instruction at each Service Academy
under this subsection may not be more than 60 at any one
time.
``(2) Determination of foreign countries from which persons
may be selected.--The Secretary of a military department, upon
approval by the Secretary of Defense, shall determine--
``(A) the countries from which persons may be
selected for appointment under this subsection to the
Service Academy under the jurisdiction of that
Secretary; and
``(B) the number of persons that may be selected
from each country.
``(3) Qualifications and selection.--The Secretary of each
military department--
``(A) may establish entrance qualifications and
methods of competition for selection among individual
applicants under this subsection; and
``(B) shall select those persons who will be
permitted to receive instruction at the Service Academy
under the jurisdiction of the Secretary under this
subsection.
``(4) Selection priority to persons with national service
obligation upon graduation.--In selecting persons
[[Page 130 STAT. 2523]]
to receive instruction under this subsection from among
applicants from the countries approved under paragraph (2), the
Secretary of the military department concerned shall give a
priority to persons who have a national service obligation to
their countries upon graduation from the Service Academy
concerned.
``(5) Pay, allowances, and emoluments of persons admitted.--
A person receiving instruction under this subsection is entitled
to the pay, allowances, and emoluments of a cadet or midshipman
appointed from the United States, and from the same
appropriations.
``(6) Reimbursement of costs by foreign countries from which
persons are admitted.--
``(A) Reimbursement required.--Each foreign country
from which a cadet or midshipman is permitted to receive
instruction at one of the Service Academies under this
subsection shall reimburse the United States for the
cost of providing such instruction, including the cost
of pay, allowances, and emoluments provided under
paragraph (5). The Secretaries of the military
departments shall prescribe the rates for reimbursement
under this paragraph, except that the reimbursement
rates may not be less than the cost to the United States
of providing such instruction, including pay,
allowances, and emoluments, to a cadet or midshipman
appointed from the United States.
``(B) Waiver authority.--The Secretary of Defense
may waive, in whole or in part, the requirement for
reimbursement of the cost of instruction for a cadet or
midshipman under subparagraph (A). In the case of a
partial waiver, the Secretary of Defense shall establish
the amount waived.
``(7) Applicability of academy regulations, etc..--
``(A) In general.--Except as the Secretary of the
military department concerned determines, a person
receiving instruction under this subsection at the
Service Academy under the jurisdiction of that Secretary
is subject to the same regulations governing admission,
attendance, discipline, resignation, discharge,
dismissal, and graduation as a cadet or midshipman at
that Academy appointed from the United States.
``(B) Classified information.--The Secretary of the
military department concerned may prescribe regulations
with respect to access to classified information by a
person receiving instruction under this subsection at
the Service Academy under the jurisdiction of that
Secretary that differ from the regulations that apply to
a cadet or midshipman at that Academy appointed from the
United States.
``(8) Ineligibility for appointment in the united states
armed forces.--A person receiving instruction at a Service
Academy under this subsection is not entitled to an appointment
in an armed force of the United States by reason of graduation
from the Academy.
``(9) Inapplicability of requirement for taking oath of
admission.--A person receiving instruction under this subsection
is not subject to section 4346(d), 6958(d), or 9346(d) of this
title, as the case may be.
[[Page 130 STAT. 2524]]
``(b) Exchange Programs With Foreign Military Academies.--
``(1) Exchange programs authorized.--The Secretary of a
military department may permit a student enrolled at a military
academy of a foreign country to receive instruction at the
Service Academy under the jurisdiction of that Secretary in
exchange for a cadet or midshipman receiving instruction at that
foreign military academy pursuant to an exchange agreement
entered into between the Secretary and appropriate officials of
the foreign country. A student receiving instruction at a
Service Academy under the exchange program under this subsection
shall be in addition to persons receiving instruction at the
Academy under subsection (a).
``(2) Limitations on number and duration of exchanges.--An
exchange agreement under this subsection between the Secretary
and a foreign country shall provide for the exchange of students
on a one-for-one basis each fiscal year. Not more than 100
cadets or midshipmen from each Service Academy and a comparable
number of students from foreign military academies participating
in the exchange program may be exchanged during any fiscal year.
The duration of an exchange may not exceed the equivalent of one
academic semester at a Service Academy.
``(3) Costs and expenses.--
``(A) No pay and allowances.--A student from a
military academy of a foreign country is not entitled to
the pay, allowances, and emoluments of a cadet or
midshipman by reason of attendance at a Service Academy
under the exchange program, and the Department of
Defense may not incur any cost of international travel
required for transportation of such a student to and
from the sponsoring foreign country.
``(B) Subsistence, transportation, etc..--The
Secretary of the military department concerned may
provide a student from a foreign country under the
exchange program, during the period of the exchange,
with subsistence, transportation within the continental
United States, clothing, health care, and other services
to the same extent that the foreign country provides
comparable support and services to the exchanged cadet
or midshipman in that foreign country.
``(C) Source of funds.--A Service Academy shall bear
all costs of the exchange program from funds
appropriated for that Academy and from such additional
funds as may be available to that Academy from a source,
other than appropriated funds, to support cultural
immersion, regional awareness, or foreign language
training activities in connection with the exchange
program.
``(D) Limitation on expenditures.--Expenditures in
support of the exchange program from funds appropriated
for each Academy may not exceed $1,000,000 during any
fiscal year.
``(4) Application of other laws.--Paragraphs (7), (8), and
(9) of subsection (a) shall apply with respect to a student
enrolled at a military academy of a foreign country while
attending a Service Academy under the exchange program.
[[Page 130 STAT. 2525]]
``(5) Regulations.--The Secretary of the military department
concerned shall prescribe regulations to implement this
subsection. Such regulations may include qualification criteria
and methods of selection for students of foreign military
academies to participate in the exchange program.
``(c) Foreign and Cultural Exchange Activities.--
``(1) Attendance authorized.--The Secretary of a military
department may authorize the Service Academy under the
jurisdiction of that Secretary to permit students, officers, and
other representatives of a foreign country to attend that
Academy for periods of not more than four weeks if the Secretary
determines that the attendance of such persons contributes
significantly to the development of foreign language, cross-
cultural interactions and understanding, and cultural immersion
of cadets or midshipmen, as the case may be.
``(2) Effect of attendance.--Persons attending a Service
Academy under paragraph (1) are not considered to be students
enrolled at that Academy and are in addition to persons
receiving instruction at that Academy under subsection (a) or
(b).
``(3) Financial matters.--
``(A) Costs and expenses.--The Secretary of a
military department may pay the travel, subsistence, and
similar personal expenses of persons incurred to attend
the Service Academy under the jurisdiction of that
Secretary under paragraph (1).
``(B) Source of funds.--Each Service Academy shall
bear the costs of the attendance of persons at that
Academy under paragraph (1) from funds appropriated for
that Academy and from such additional funds as may be
available to that Academy from a source, other than
appropriated funds, to support cultural immersion,
regional awareness, or foreign language training
activities in connection with their attendance.
``(C) Limitation on expenditures.--Expenditures from
appropriated funds in support of activities under this
subsection for any Service Academy may not exceed
$40,000 during any fiscal year.
``(d) Service Academy Defined.--In this section, the term `Service
Academy' means the following:
``(1) The United States Military Academy.
``(2) The United States Naval Academy.
``(3) The United States Air Force Academy.''.
(b) Conforming Repeals.--
(1) Repeals.--Sections 4344, 4345, 4345a, 6957, 6957a,
6957b, 9344, 9345, and 9345a of title 10, <<NOTE: 10 USC 4344-
4345a, 6957-6957b, 9344-9345a.>> United States Code, are
repealed.
(2) Clerical amendments.--
(A) The table of sections at the beginning of
chapter 403 of such title <<NOTE: 10 USC 4331 prec.>> is
amended by striking the items relating to sections 4344,
4345, and 4345a.
(B) The table of sections at the beginning of
chapter 603 of such title <<NOTE: 10 USC 6951.>> is
amended by striking the items relating to sections 6957,
6957a, and 6957b.
(C) The table of sections at the beginning of
chapter 903 of such title <<NOTE: 10 USC 9331 prec.>> is
amended by striking the items relating to sections 9344,
9345, and 9345a.
[[Page 130 STAT. 2526]]
SEC. 1249. CONSOLIDATED ANNUAL BUDGET FOR SECURITY COOPERATION
PROGRAMS AND ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 16 of title 10, United States Code, as
added by section 1241(a)(3) of this Act, is amended by inserting after
the table at the beginning of subchapter VII the following new section:
``Sec. 381. <<NOTE: 10 USC 381.>> Consolidated budget
``(a) Consolidated Budget.--The budget of the President for each
fiscal year, as submitted to Congress by the President pursuant to
section 1105 of title 31, shall set forth by budget function and as a
separate item the amounts requested for the Department of Defense for
such fiscal year for all security cooperation programs and activities of
the Department of Defense, including the military departments, to be
conducted in such fiscal year, including the specific country or region
and the applicable authority, to the extent practicable.
``(b) Quarterly Report on Use of Funds.--Not later than 30 days
after the end of each calendar quarter, the Secretary shall submit to
the appropriate committees of Congress a report on the obligation and
expenditure of funds for security cooperation programs and activities of
the Department of Defense during such calendar quarter.''.
(b) <<NOTE: 10 USC 381 note.>> Applicability.--The amendment made
by subsection (a) shall take effect on the date of the enactment of this
Act, and shall apply as follows:
(1) Subsection (a) of section 381 of title 10, United States
Code, as added by subsection (a), shall apply to budgets
submitted to Congress by the President pursuant to section 1105
of title 31, United States Code, for each fiscal year after
fiscal year 2018.
(2) Subsection (b) of such section 381, as so added, shall
apply to calendar quarters beginning on or after the date of the
enactment of this Act.
SEC. 1250. DEPARTMENT OF DEFENSE SECURITY COOPERATION WORKFORCE
DEVELOPMENT.
(a) In General.--Chapter 16 of title 10, United States Code, as
added by section 1241(a)(3) of this Act, is amended by inserting after
section 383, as added by section 1241(m) of this Act, the following new
section:
``Sec. 384. <<NOTE: 10 USC 384.>> Department of Defense security
cooperation workforce development
``(a) Program Required.--The Secretary of Defense shall carry out a
program to be known as the `Department of Defense Security Cooperation
Workforce Development Program' (in this section referred to as the
`Program') to oversee the development and management of a professional
workforce supporting security cooperation programs and activities of the
Department of Defense, including--
``(1) assessment, planning, monitoring, execution,
evaluation, and administration of such programs and activities
under this chapter; and
[[Page 130 STAT. 2527]]
``(2) execution of security assistance programs and
activities under the Foreign Assistance Act of 1961 and the Arms
Export Control Act by the Department of Defense.
``(b) Purpose.--The purpose of the Program is to improve the quality
and professionalism of the security cooperation workforce in order to
ensure that the workforce--
``(1) has the capacity, in both personnel and skills, needed
to properly perform its mission, provide appropriate support to
the assessment, planning, monitoring, execution, evaluation, and
administration of security cooperation programs and activities
described in subsection (a), and ensure that the Department
receives the best value for the expenditure of public resources
on such programs and activities; and
``(2) is assigned in a manner that ensures personnel with
the appropriate level of expertise and experience are assigned
in sufficient numbers to fulfill requirements for the security
cooperation programs and activities of the Department of Defense
and the execution of security assistance programs and activities
described in subsection (a)(2).
``(c) Elements.--The Program shall consist of such elements relating
to the development and management of the security cooperation workforce
as the Secretary considers appropriate for the purposes specified in
subsection (b), including elements on training, certification,
assignment, and career development of personnel of the security
cooperation workforce.
``(d) Management.--The Program shall be managed by the Director of
the Defense Security Cooperation Agency.
``(e) Guidance.--
``(1) Interim guidance.--Not later than 180 days after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2017, the Secretary shall issue interim guidance
for the execution and administration of the Program.
``(2) Final guidance.--Not later than one year after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2017, the Secretary shall issue final guidance
for the execution and administration of the Program.
``(3) Scope of guidance.--The guidance shall do the
following:
``(A) Provide direction to the Department of Defense
on the establishment of professional career paths for
the personnel of the security cooperation workforce,
addressing training and education standards, promotion
opportunities and requirements, retention policies, and
scope of workforce demands.
``(B) Provide for a mechanism to identify and define
training and certification requirements for security
cooperation positions in the Department and a means to
track workforce skills and certifications.
``(C) Provide for a mechanism to establish a program
of professional certification in Department of Defense
security cooperation for personnel of the security
cooperation workforce in different career tracks and
levels of competency based on requisite training and
experience.
``(D) Establish requirements for training and
professional development associated with each level of
certification provided for under subparagraph (C).
[[Page 130 STAT. 2528]]
``(E) Establish and maintain a school to train,
educate, and certify the security cooperation workforce
according to standards developed for purposes of
subparagraph (C).
``(F) Provide for a mechanism for assigning
appropriately certified personnel of the security
cooperation workforce to assignments associated with key
positions in connection with security cooperation
programs and activities.
``(G) Identify the appropriate composition of career
and temporary personnel necessary to constitute the
security cooperation workforce.
``(H) Identify specific positions throughout the
security cooperation workforce to be managed and
assigned through the Program.
``(f) Source of Funds.--
``(1) In general.--Funds available to the Defense Security
Cooperation Agency, and other funds available to the Department
of Defense for security cooperation programs and activities of
the Department of Defense, may be used to carry out the Program.
``(2) Budget justification.--Funds necessary to carry out
the Program as described in paragraph (1) for a fiscal year
shall be identified, with appropriate justification, in the
consolidated budget for such fiscal year required by section 381
of this title.
``(g) Use of Funds.--Amounts available for use for the Program may
be transferred to any account of the military departments or the Defense
Agencies for purposes of the Program.
``(h) Security Cooperation Workforce Defined.--In this section, the
term `security cooperation workforce' means the following:
``(1) Members of the armed forces and civilian employees of
the Department of Defense working in the security cooperation
organizations of United States missions overseas.
``(2) Members of the armed forces and civilian employees of
the Department of Defense in the geographic combatant commands
and functional combatant commands responsible for planning,
monitoring, or conducting security cooperation activities.
``(3) Members of the armed forces and civilian employees of
the Department of Defense in the military departments performing
security cooperation activities, including activities in
connection with the acquisition and development of technology
release policies.
``(4) Other military and civilian personnel of Defense
Agencies and Field Activities who perform security cooperation
activities.
``(5) Personnel of the Department of Defense who perform
assessments, monitoring, or evaluations of security cooperation
programs and activities of the Department of Defense, including
assessments under section 383 of this title.
``(6) Other members of the armed forces or civilian
employees of the Department of Defense who contribute
significantly to the security cooperation programs and
activities of the Department of Defense by virtue of their
assigned duties, as determined pursuant to the guidance issued
under subsection (e).''.
(b) Reports on Workforce Development.--
[[Page 130 STAT. 2529]]
(1) In general.--Not later than March 1, 2018, and each year
thereafter through 2021, the Secretary of Defense shall submit
to the appropriate committees of Congress a report on the
Department of Defense Security Cooperation Workforce Development
Program required by section 384 of title 10, United States Code,
as added by subsection (a), for the fiscal year beginning in the
year in which such report is submitted.
(2) Elements.--Each report under this subsection shall
include, for the fiscal year covered by such report, the
following:
(A) The funds requested or allocated for the
Department of Defense Security Cooperation Workforce
Development Program and for the security cooperation
workforce.
(B) A description of how the funds identified
pursuant to subparagraph (A) will be implemented for the
following:
(i) To address any gaps in the skills and
competencies of the current or anticipated
security cooperation workforce
(ii) To provide incentives to retain
qualified, experienced personnel in the security
cooperation workforce.
(iii) To provide incentives to attract and
recruit new, high-quality personnel to the
security cooperation workforce.
(C) Any other matters the Secretary considers
appropriate.
(3) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress''
has the meaning given that term in section 301(1) of
title 10, United States Code, as added by section
1241(a)(3) of this Act.
(B) The term ``security cooperation workforce'' has
the meaning given that term in section 384(h) of title
10, United States Code, as added by subsection (a).
SEC. 1251. REPORTING REQUIREMENTS.
(a) Codification in New Chapter on Security Cooperation
Activities.--Chapter 16 of title 10, United States Code, as added by
section 1241(a)(3) of this Act, is amended by inserting after section
385, as added by section 1241(m) of this Act, a new section 386
consisting of--
(1) a heading as follows:
``Sec. 386. <<NOTE: 10 USC 386 note.>> Annual report''; and
(2) a text consisting of subsections (a) through (e) of
section 1211 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3544).
(b) Revisions To Provide for Permanent, Annual Report.--Subsection
(a) of section 386 of title 10, United States Code, as added by
subsection (a) of this section, is amended--
(1) by striking ``Biennial'' and all that follows through
``the Secretary of Defense'' and inserting ``Annual Report
Required.--Not later than January 31 of each year beginning in
2018, the Secretary of Defense'';
(2) by striking ``congressional defense committees'' and
inserting ``appropriate congressional committees'';
(3) by inserting ``under the authorities in subsection (c)''
after ``Department of Defense'';
[[Page 130 STAT. 2530]]
(4) by striking ``security assistance'' and inserting
``assistance'';
(5) by striking ``the two fiscal years'' and inserting ``the
fiscal year''; and
(6) by striking ``under the authorities in subsection (c)''
after ``submitted''.
(c) Elements of Report.--Subsection (b) of such section 386, as so
added, is amended--
(1) in paragraph (1), by inserting ``, duration,'' after
``purpose'';
(2) in paragraph (2), by striking ``The cost'' and inserting
``The cost and expenditures'';
(3) by adding at the end the following:
``(4) For each foreign country in which defense articles,
defense services, supplies (including consumables), small-scale
construction, or reimbursement were provided, a description of
the extent of participation, if any, by the military forces and
security forces or other government organizations of such
foreign country.
``(5) The number of members of the United States armed
forces involved in providing such defense articles, defense
services, supplies (including consumables), and small-scale
construction, and, if applicable, a description of the military
benefits for such members involved in providing such training,
equipment, or assistance.
``(6) A summary, by authority, of the activities carried out
under each authority specified in subsection (c).''.
(d) Modification to Specified Authorities.--Subsection (c) of such
section 386, as so added, is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) Sections 311, 321, 331, 332, 333, 344, 348, 349, and
350 of this title.'';
(2) by striking paragraphs (4), (5), (7), (10), (11), and
(12);
(3) by redesignating paragraphs (6), (8), (9), and (13)
through (16) as paragraphs (4) through (10), respectively;
(4) by inserting after paragraph (10), as redesignated by
paragraph (3) of this subsection, the following new paragraphs:
``(11) Section 401 of this title, relating to humanitarian
and civic assistance provided in conjunction with military
operations.
``(12) Section 1206 of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015
(128 Stat. 3538; 10 U.S.C. 2282 note), relating to authority to
conduct human rights training of security forces and associated
security ministries of foreign countries.'';
(5) by redesignating paragraph (17) as paragraph (13); and
(6) by striking ``of title 10, United States Code'' each
place it appears and inserting ``of this title''.
(e) Modification of Nonduplication of Effort Requirement.--
Subsection (d) of such section 386, as so added, is amended--
(1) by striking ``If any information'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), if
any information''; and
[[Page 130 STAT. 2531]]
(2) by adding at the end the following new paragraph:
``(2) Exception.--Paragraph (1) does not apply with respect
to information required under subsection (a) that is required to
be submitted as described in paragraphs (1) and (2) of
subsection (b).''.
(f) Form.--Subsection (e) of such section 386, as so added, is
amended by inserting ``that may also include other sensitive
information'' after ``annex''.
(g) Conforming Repeal.--Section 1211 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 <<NOTE: 128 Stat. 3544.>> is repealed.
SEC. 1252. <<NOTE: 10 USC 301 note.>> QUADRENNIAL REVIEW OF
SECURITY SECTOR ASSISTANCE PROGRAMS AND
AUTHORITIES OF THE UNITED STATES
GOVERNMENT.
(a) Statement of Policy.--It is the policy of the United States that
the principal goals of the security sector assistance programs and
authorities of the United States Government are as follows:
(1) To assist partner nations in building sustainable
capability to address common security challenges with the United
States.
(2) To promote partner nation support for United States
interests.
(3) To promote universal values, such as good governance,
transparent and accountable oversight of security forces, rule
of law, transparency, accountability, delivery of fair and
effective justice, and respect for human rights.
(4) To strengthen collective security and multinational
defense arrangements and organizations of which the United
States is a participant.
(b) Quadrennial Review.--
(1) Review required.--Not later than January 31, 2018, and
every four years thereafter though 2034, the President shall
complete a review of the security sector assistance programs,
policies, authorities, and resources of the United States
Government across the United States Government.
(2) Elements.--Each review under this subsection shall
include the following:
(A) An examination whether the current security
sector assistance programs, policies, authorities, and
resources of the United States Government are sufficient
to achieve the goals specified in subsection (a), and an
identification of any gaps or shortfalls needing
mitigation.
(B) An examination of the success of such programs
and resources in achieving such goals, based on a review
of relevant departmental and interagency programmatic
and strategic evaluations.
(C) An examination of the extent to which the
security sector assistance of the United States
Government is aligned with national security and foreign
policy objectives, conducted in support of clear and
coherent policy guidance, and planned and executed in
accordance with identified best practices.
(D) The development of recommendations, as
appropriate, for improving the security sector
assistance programs, policies, authorities, and
resources of the United States Government to more
effectively achieve the goals
[[Page 130 STAT. 2532]]
specified in subsection (a) and support other national
security objectives.
(3) Submittal to congress.--Not later than 60 days after the
completion of a review under this subsection, the President
shall submit to the appropriate committees of Congress a report
setting forth a summary of the review, including any
recommendations developed pursuant to paragraph (2)(D).
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' has
the meaning given that term in section section 301(1) of title
10, United States Code, as added by section 1241(a)(3) of this
Act.
SEC. 1253. OTHER CONFORMING AMENDMENTS AND AUTHORITY FOR
ADMINISTRATION.
(a) Repeal of Other Superseded, Obsolete, or Duplicative Statutes.--
(1) In general.--The following provisions of title 10,
United States Code, are repealed:
(A) <<NOTE: 10 USC 168.>> Section 168, relating to
military-to-military contacts and comparable activities.
(B) Section 1051c, relating to assignment of members
of foreign military forces to improve education and
training in information security through multilateral,
bilateral, or regional cooperation programs.
(C) Section 2562, relating to a limitation on use of
excess construction or fire equipment from Department of
Defense stocks in foreign assistance or military sales
programs.
(D) Sections 4681 and 9681, relating to sale of
surplus war material to States and foreign governments.
(2) Clerical amendments.--Title 10, United States Code, is
amended as follows:
(A) The table of sections at the beginning of
chapter 6 <<NOTE: 10 USC 161 prec.>> is amended by
striking the item relating to section 168.
(B) The table of sections at the beginning of
chapter 53 <<NOTE: 10 USC 1030 prec.>> is amended by
striking the item relating to section 1051c.
(C) The table of sections at the beginning of
chapter 152 <<NOTE: 10 USC 2551 prec.>> is amended by
striking the item relating to section 2562.
(D) The table of sections at the beginning of
chapter 443 <<NOTE: 10 USC 4681 prec.>> is amended by
striking the item relating to section 4681.
(E) The table of sections at the beginning of
chapter 943 <<NOTE: 10 USC 9681 prec.>> is amended by
striking the item relating to section 9681.
(b) <<NOTE: 10 USC 301 note.>> Savings Clause.--Any determination
or other action made or taken before the date of the enactment of this
Act under a provision of law transferred or repealed by this subchapter
that is in effect as of the date of the enactment of this Act and is
necessary for the administration of a successor authority to such
provision of law under chapter 16 of title 10, United States Code, by
reason of the enactment of such chapter by this subchapter shall remain
in effect, in accordance with the terms of such determination or action
when made or taken, for purposes of the administration of such successor
authority.
[[Page 130 STAT. 2533]]
(c) Report on Discharge of Certain Activities Under New Security
Cooperation Authority.--
(1) In general.--Not later than October 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth a description of any gaps that
exist between applicable authorities in chapter 16 of title 10,
United States Code, as added by section 1241(a)(3) of this Act,
and the current law or other authorities under which activities
under the initiatives specified in paragraph (2) are carried
out.
(2) Initiatives.--The initiatives specified in this
paragraph are the following:
(A) The Southeast Asia Maritime Security Initiative.
(B) The Ukraine Security Assistance Initiative.
(3) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of each discrete set of activities
under an initiative specified in paragraph (2) for which
gaps exist between the applicable authorities in chapter
16 of title 10, United States Code, as so added, and
current law or other authorities under which such
activities are carried out.
(B) For each discrete set of activities covered by
subparagraph (A), the following:
(i) A description of the gaps described in
subparagraph (A).
(ii) Recommendations for legislative or
administrative action to address such gaps.
Subtitle F--Human Rights Sanctions
SEC. 1261. <<NOTE: Global Magnitsky Human Rights Accountability
Act. 22 USC 2656 note. 22 USC 2656
note.>> SHORT TITLE.
This subtitle may be cited as the ``Global Magnitsky Human Rights
Accountability Act''.
SEC. 1262. DEFINITIONS.
In this subtitle:
(1) Foreign person.--The term ``foreign person'' has the
meaning given that term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(2) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(3) Person.--The term ``person'' has the meaning given that
term in section 591.308 of title 31, Code of Federal Regulations
(as in effect on the day before the date of the enactment of
this Act).
(4) United states person.--The term ``United States person''
has the meaning given that term in section 595.315 of title 31,
Code of Federal Regulations (as in effect on the day before the
date of the enactment of this Act).
[[Page 130 STAT. 2534]]
SEC. 1263. <<NOTE: 22 USC 2656 note.>> AUTHORIZATION OF
IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described in
subsection (b) with respect to any foreign person the President
determines, based on credible evidence--
(1) is responsible for extrajudicial killings, torture, or
other gross violations of internationally recognized human
rights committed against individuals in any foreign country who
seek--
(A) to expose illegal activity carried out by
government officials; or
(B) to obtain, exercise, defend, or promote
internationally recognized human rights and freedoms,
such as the freedoms of religion, expression,
association, and assembly, and the rights to a fair
trial and democratic elections;
(2) acted as an agent of or on behalf of a foreign person in
a matter relating to an activity described in paragraph (1);
(3) is a government official, or a senior associate of such
an official, that is responsible for, or complicit in, ordering,
controlling, or otherwise directing, acts of significant
corruption, including the expropriation of private or public
assets for personal gain, corruption related to government
contracts or the extraction of natural resources, bribery, or
the facilitation or transfer of the proceeds of corruption to
foreign jurisdictions; or
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, an activity described in paragraph (3).
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Inadmissibility to united states.--In the case of a
foreign person who is an individual--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States; or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--
(A) In general.--The blocking, in accordance with
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), of all transactions in all
property and interests in property of a foreign person
if such property and interests in property are in the
United States, come within the United States, or are or
come within the possession or control of a United States
person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(C) Exception relating to importation of goods.--
(i) In general.--The authority to block and
prohibit all transactions in all property and
interests in property under subparagraph (A) shall
not include the authority to impose sanctions on
the importation of goods.
(ii) Good.--In this subparagraph, the term
``good'' has the meaning given that term in
section 16 of
[[Page 130 STAT. 2535]]
the Export Administration Act of 1979 (50 U.S.C.
4618) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)).
(c) Consideration of Certain Information in Imposing Sanctions.--In
determining whether to impose sanctions under subsection (a), the
President shall consider--
(1) information provided jointly by the chairperson and
ranking member of each of the appropriate congressional
committees; and
(2) credible information obtained by other countries and
nongovernmental organizations that monitor violations of human
rights.
(d) Requests by Appropriate Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
request that meets the requirements of paragraph (2) with
respect to whether a foreign person has engaged in an activity
described in subsection (a), the President shall--
(A) determine if that person has engaged in such an
activity; and
(B) submit a classified or unclassified report to
the chairperson and ranking member of the committee or
committees that submitted the request with respect to
that determination that includes--
(i) a statement of whether or not the
President imposed or intends to impose sanctions
with respect to the person; and
(ii) if the President imposed or intends to
impose sanctions, a description of those
sanctions.
(2) Requirements.--
(A) Requests relating to human rights violations.--A
request under paragraph (1) with respect to whether a
foreign person has engaged in an activity described in
paragraph (1) or (2) of subsection (a) shall be
submitted to the President in writing jointly by the
chairperson and ranking member of one of the appropriate
congressional committees.
(B) Requests relating to corruption.--A request
under paragraph (1) with respect to whether a foreign
person has engaged in an activity described in paragraph
(3) or (4) of subsection (a) shall be submitted to the
President in writing jointly by the chairperson and
ranking member of--
(i) one of the appropriate congressional
committees of the Senate; and
(ii) one of the appropriate congressional
committees of the House of Representatives.
(e) Exception To Comply With United Nations Headquarters Agreement
and Law Enforcement Objectives.--Sanctions under subsection (b)(1) shall
not apply to an individual if admitting the individual into the United
States would further important law enforcement objectives or is
necessary to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947, between the
United Nations and the United States, or other applicable international
obligations of the United States.
[[Page 130 STAT. 2536]]
(f) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of a
sanction described in subsection (b)(2) that is imposed by the President
or any regulation, license, or order issued to carry out such a sanction
shall be subject to the penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(g) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not
engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(h) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(i) Identification of Sanctionable Foreign Persons.--The Assistant
Secretary of State for Democracy, Human Rights, and Labor, in
consultation with the Assistant Secretary of State for Consular Affairs
and other bureaus of the Department of State, as appropriate, is
authorized to submit to the Secretary of State, for review and
consideration, the names of foreign persons who may meet the criteria
described in subsection (a).
(j) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Banking, Housing, and Urban Affairs and
the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1264. <<NOTE: 22 USC 2656 note.>> REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the appropriate
congressional committees, in accordance with subsection (b), a report
that includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 1263 during the
year preceding the submission of the report;
(2) a description of the type of sanctions imposed with
respect to each such person;
(3) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under section 1263(a) during
that year; and
[[Page 130 STAT. 2537]]
(B) terminated sanctions under section 1263(g)
during that year;
(4) the dates on which such sanctions were imposed or
terminated, as the case may be;
(5) the reasons for imposing or terminating such sanctions;
and
(6) a description of the efforts of the President to
encourage the governments of other countries to impose sanctions
that are similar to the sanctions authorized by section 1263.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial
report under subsection (a) not later than 120 days after the
date of the enactment of this Act.
(2) Subsequent reports.--
(A) In general.--The President shall submit a
subsequent report under subsection (a) on December 10,
or the first day thereafter on which both Houses of
Congress are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before December 10 of that calendar
year; and
(ii) each calendar year thereafter.
(B) Congressional statement.--Congress notes that
December 10 of each calendar year has been recognized in
the United States and internationally since 1950 as
``Human Rights Day''.
(c) Form of Report.--
(1) In general.--Each report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a)(1) may be submitted in
the classified annex authorized by paragraph (1) only if the
President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this subtitle;
and
(C) not later than 15 days before submitting the
name in a classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including the name in the classified annex despite
any publicly available credible information indicating
that the person engaged in an activity described in
section 1263(a).
(d) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) without regard to the requirements
of section 222(f) of the Immigration and Nationality Act (8
U.S.C. 1202(f)) with respect to confidentiality of records
pertaining to the issuance or refusal of visas or permits to
enter the United States.
[[Page 130 STAT. 2538]]
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on the Judiciary of the Senate; and
(2) the Committee on Appropriations, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Committee on the Judiciary of the House of Representatives.
SEC. 1265. <<NOTE: 22 USC 2656 note.>> SUNSET.
(a) In General.--The authority to impose sanctions under this
subtitle shall terminate on the date that is 6 years after the date of
the enactment of this Act.
(b) Continuation in Effect of Sanctions.--Sanctions imposed under
this subtitle on or before the date specified in subsection (a), and in
effect as of such date, shall remain in effect until terminated in
accordance with the requirements of section 1263(g).
Subtitle G--Miscellaneous Reports
SEC. 1271. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Annual Report.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 781; 10 U.S.C. 113 note) is amended by striking ``March 1 each
year'' and inserting ``January 31 of each year through January 31,
2021''.
(b) Matters To Be Included.--Subsection (b) of such section, as most
recently amended by section 1252(a) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3571), is further amended by adding at
the end the following:
``(21) A summary of the order of battle of the People's
Liberation Army, including anti-ship ballistic missiles, theater
ballistic missiles, and land attack cruise missile inventory.
``(22) A description of the People's Republic of China's
military and nonmilitary activities in the South China Sea.''.
(c) <<NOTE: 10 USC 113 note.>> Effective Date.--The amendments made
by this section take effect on the date of the enactment of this Act and
apply with respect to reports required to be submitted under subsection
(a) of section 1202 of the National Defense Authorization Act for Fiscal
Year 2000 on or after that date.
SEC. 1272. MONITORING AND EVALUATION OF OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Of the amounts authorized to be appropriated by
this Act for Overseas Humanitarian, Disaster, and Civic Aid, the
Secretary of Defense is authorized to use up to 5 percent of such
amounts to conduct monitoring and evaluation of programs that are funded
using such amounts during fiscal years 2017 and 2018.
[[Page 130 STAT. 2539]]
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
appropriate congressional committees a briefing on mechanisms to
evaluate the programs conducted pursuant to the authorities listed in
subsection (a).
(c) Definition.--In subsection (b), the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1273. STRATEGY FOR UNITED STATES DEFENSE INTERESTS IN AFRICA.
(a) Required Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the congressional defense
committees a report that contains the strategy for United States defense
interests in Africa.
(b) Matters To Be Included.--The report required by subsection (a)
shall address the following:
(1) United States national security interests in Africa,
including an assessment of threats to global and regional United
States national security interests emanating from the continent.
(2) United States defense objectives in Africa.
(3) Courses of action to accomplish United States defense
objectives in Africa, including those conducted in cooperation
with other Federal agencies.
(4) Measures to improve coordination between United States
Africa Command and other combatant commands to achieve unity of
effort to counter threats that cross combatant command
boundaries.
(5) Department of Defense capabilities and resources
required to achieve defense objectives in Africa, and the
mitigation plan to address any gaps in such capabilities or
resources that affect the implementation of the strategy
required by subsection (a).
(6) Security cooperation initiatives to advance defense
objectives in Africa.
(7) Any other matters the Secretary of Defense determines to
be appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary.
SEC. 1274. REPORT ON THE POTENTIAL FOR COOPERATION BETWEEN THE
UNITED STATES AND ISRAEL ON DIRECTED
ENERGY CAPABILITIES.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the potential for cooperative
development by the United States and Israel of a directed energy
capability to defeat ballistic missiles, cruise missiles, unmanned
aerial vehicles, mortars, and improvised explosive devices that threaten
the United States, deployed forces of the United States, or Israel. The
report shall include the following:
[[Page 130 STAT. 2540]]
(1) An assessment of the technological maturity of United
States and Israeli directed energy capabilities to defeat
adversary threat systems.
(2) An assessment of the respective military capability gaps
of each country that such directed energy developments could
address.
(3) An assessment of the opportunities for the United States
and Israel to cooperate to develop directed energy capabilities
to defeat adversary threat systems, including estimated costs of
pursuing such opportunities.
(4) An assessment of whether such opportunities should be
pursued, including any potential risks from the pursuit of such
opportunities.
(5) Any other matters the Secretary considers appropriate.
(b) Form.--The report shall be submitted in unclassified form, but
may include a classified annex.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1275. ANNUAL UPDATE OF DEPARTMENT OF DEFENSE FREEDOM OF
NAVIGATION REPORT.
(a) In General.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives on an annual basis a report setting forth an update of
the most current Department of Defense Freedom of Navigation Report
under the Freedom of Navigation Operations (FONOPS) program. The purpose
of each report shall be to document the types and locations of excessive
claims that the Armed Forces of the United States have challenged in the
previous year in order to preserve the rights, freedoms, and uses of the
sea and airspace guaranteed to all countries by international law.
(b) Elements.--Each report under this section shall include, for the
year covered by such report, the following:
(1) Each excessive maritime claim challenged by the United
States under the program referred to in subsection (a),
including the country making each such claim.
(2) The nature of each claim, including the geographic
location or area covered by such claim (including the body of
water and island grouping, when applicable).
(3) The specific legal challenge asserted through the
program.
(c) Form.--Each report under this section shall be submitted in
unclassified form.
(d) Sunset.--No report is required under this section after December
31, 2021.
SEC. 1276. ASSESSMENT OF PROLIFERATION OF CERTAIN REMOTELY PILOTED
AIRCRAFT SYSTEMS.
(a) Report on Assessment of Proliferation of Remotely Piloted
Aircraft Systems.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff shall
submit to the congressional defense committees
[[Page 130 STAT. 2541]]
a report setting forth an assessment, obtained by the Chairman for
purposes of the report, of the impact to United States national security
interests of the proliferation of remotely piloted aircraft that are
assessed to be ``Category I'' items under the Missile Technology Control
Regime (MTCR).
(b) Independent Assessment.--
(1) In general.--The assessment obtained for purposes of
subsection (a) shall be conducted by a federally funded research
and development center (FFRDC), or another appropriate
independent entity with expertise in the procurement and
operation of remotely piloted aircraft, selected by the Chairman
for purposes of the assessment.
(2) Use of previous studies.--The entity conducting the
assessment may use and incorporate information from previous
studies on matters appropriate to the assessment.
(c) Elements.--The assessment obtained for purposes of subsection
(a) shall include the following:
(1) A qualitative and quantitative assessment of the scope
and scale of the proliferation of remotely piloted aircraft that
are ``Category I'' items under the Missile Technology Control
Regime.
(2) An assessment of the threat posed to United States
interests as a result of the proliferation of such aircraft to
adversaries.
(3) An assessment of the impact of the proliferation of such
aircraft on the combat capabilities of and interoperability with
partners and allies of the United States.
(4) An analysis of the degree to which the United States has
limited the proliferation of such aircraft as a result of the
application of a ``strong presumption of denial'' for exports of
such aircraft.
(5) An assessment of the benefits and risks of continuing to
limit exports of such aircraft.
(6) Such other matters as the Chairman considers
appropriate.
(d) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Subtitle H--Other Matters
SEC. 1281. <<NOTE: 10 USC 2333 note.>> ENHANCEMENT OF INTERAGENCY
SUPPORT DURING CONTINGENCY OPERATIONS
AND TRANSITION PERIODS.
(a) Authority.--The Secretary of Defense and the Secretary of State
may enter into an agreement under which each Secretary may provide
covered support, supplies, and services on a reimbursement basis, or by
exchange of covered support, supplies, and services, to the other
Secretary during a contingency operation and related transition period
for up to 2 years following the end of such contingency operation.
(b) Agreement.--An agreement entered into under this section shall
be in writing and shall include the following terms:
(1) The price charged by a supplying agency shall be the
direct costs that such agency incurred by providing the covered
support, supplies, or services to the requesting agency under
this section.
[[Page 130 STAT. 2542]]
(2) Credits and liabilities of the agencies accrued as a
result of acquisitions and transfers of covered support,
supplies, and services under this section shall be liquidated
not less often than once every 3 months by direct payment to the
agency supplying such support, supplies, or services by the
agency receiving such support, supplies, or services.
(3) Exchange entitlements accrued as a result of
acquisitions and transfers of covered support, supplies, and
services under this section shall be satisfied within 12 months
after the date of the delivery of the covered support, supplies,
or services. Exchange entitlements not so satisfied shall be
immediately liquidated by direct payment to the agency supplying
such covered support, supplies, or services.
(c) Effect of Obligation and Availability of Funds.--An order placed
by an agency pursuant to an agreement under this section is deemed to be
an obligation in the same manner that a similar order placed under a
contract with, or a contract for similar goods or services awarded to, a
private contractor is an obligation. Appropriations remain available to
pay an obligation to the servicing agency in the same manner as
appropriations remain available to pay an obligation to a private
contractor.
(d) Definitions.--In this section:
(1) Covered support, supplies, and services.--The term
``covered support, supplies, and services'' means food,
billeting, transportation (including airlift), petroleum, oils,
lubricants, communications services, medical services,
ammunition, base operations support, use of facilities, spare
parts and components, repair and maintenance services, and
calibration services.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
(e) Crediting of Receipts.--Any receipt as a result of an agreement
entered into under this section shall be credited, at the option of the
Secretary of Defense with respect to the Department of Defense and the
Secretary of State with respect to the Department of State, to--
(1) the appropriation, fund, or account used in incurring
the obligation; or
(2) an appropriate appropriation, fund, or account currently
available for the purposes for which the expenditures were made.
(f) Notification.--Not later than 30 days after the end of a fiscal
year in which covered support, supplies, and services are provided or
exchanged pursuant to an agreement under this section, the Secretary of
Defense and the Secretary of State shall jointly submit to the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives a notification that contains a copy of such agreement
and a description of such covered support, supplies, and services.
SEC. 1282. TWO-YEAR EXTENSION AND MODIFICATION OF AUTHORIZATION OF
NON-CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.
(a) Extension of Authority.--Subsection (h) of section 943 of the
Duncan Hunter National Defense Authorization Act for Fiscal
[[Page 130 STAT. 2543]]
Year 2009 (Public Law 110-417; 122 Stat. 4579), as most recently amended
by section 1271 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1075), is further amended by
striking ``2018'' and inserting ``2021''.
(b) Modification to Authorized Activities.--Subsection (c) of such
section is amended by inserting ``, or other individuals, as determined
by the Secretary of Defense, with respect to already established non-
conventional assisted recovery capabilities'' before the period at the
end of the first sentence.
SEC. 1283. AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR II-ERA
UNITED STATES-ORIGIN CHEMICAL MUNITIONS
LOCATED ON SAN JOSE ISLAND, REPUBLIC OF
PANAMA.
(a) Authority.--
(1) In general.--Subject to subsection (b), the Secretary of
Defense may destroy the chemical munitions described in
subsection (c).
(2) Ex gratia action.--The action authorized by this section
is ``ex gratia'' on the part of the United States, as the term
``ex gratia'' is used in section 321 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 10 U.S.C. 2701 note).
(3) Consultation between secretary of defense and secretary
of state.--The Secretary of Defense and the Secretary of State
shall consult and develop any arrangements with the Republic of
Panama with respect to this section.
(b) Conditions.--The Secretary of Defense may exercise the authority
under subsection (a) only if the Republic of Panama has--
(1) revised the declaration of the Republic of Panama under
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on Their
Destruction to indicate that the chemical munitions described in
subsection (c) are ``old chemical weapons'' rather than
``abandoned chemical weapons''; and
(2) affirmed, in writing, that it understands (A) that the
United States intends only to destroy the munitions described in
subsections (c) and (d), and (B) that the United States is not
legally obligated and does not intend to destroy any other
munitions, munitions constituents, and associated debris that
may be located on San Jose Island as a result of research,
development, and testing activities conducted on San Jose Island
during the period of 1943 through 1947.
(c) Chemical Munitions.--The chemical munitions described in this
subsection are the eight United States-origin chemical munitions located
on San Jose Island, Republic of Panama, that were identified in the 2002
Final Inspection Report of the Technical Secretariat of the Organization
for the Prohibition of Chemical Weapons.
(d) Limited Incidental Authority To Destroy Other Munitions.--In
exercising the authority under subsection (a), the Secretary of Defense
may destroy other munitions located on San Jose Island, Republic of
Panama, but only to the extent essential and required to reach and
destroy the chemical munitions described in subsection (c).
(e) Source of Funds.--Of the amounts authorized to be appropriated
by this Act, the Secretary of Defense may use up to
[[Page 130 STAT. 2544]]
$30,000,000 from amounts made available for Chemical Agents and
Munitions Destruction, Defense to carry out the authority in subsection
(a).
(f) Sunset.--The authority under subsection (a) shall terminate on
the date that is 3 years after the date of the enactment of this Act.
SEC. 1284. SENSE OF CONGRESS ON MILITARY EXCHANGES BETWEEN THE
UNITED STATES AND TAIWAN.
(a) Military Exchanges Between Senior Officers and Officials of the
United States and Taiwan.--The Secretary of Defense should carry out a
program of exchanges of senior military officers and senior officials
between the United States and Taiwan designed to improve military to
military relations between the United States and Taiwan.
(b) Exchanges Described.--For the purposes of this section, an
exchange is an activity, exercise, event, or observation opportunity
between members of the Armed Forces and officials of the Department of
Defense, on the one hand, and armed forces personnel and officials of
Taiwan, on the other hand.
(c) Focus of Exchanges.--The exchanges under the program described
in subsection (a) should include exchanges focused on the following:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and procedures.
(7) Humanitarian assistance and disaster relief.
(d) Civil-Military Affairs.--The exchanges under the program
described in subsection (a) should include activities and exercises
focused on civil-military relations, including parliamentary relations.
(e) Location of Exchanges.--The exchanges under the program
described in subsection (a) should be conducted in both the United
States and Taiwan.
(f) Definitions.--In this section:
(1) The term ``senior military officer'', with respect to
the Armed Forces, means a general or flag officer of the Armed
Forces on active duty.
(2) The term ``senior official'', with respect to the
Department of Defense, means a civilian official of the
Department of Defense at the level of Assistant Secretary of
Defense or above.
SEC. 1285. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT THE
ARMS TRADE TREATY.
(a) In General.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 for the
Department of Defense may be obligated or expended to implement the Arms
Trade Treaty, or to make any change to existing programs, projects, or
activities as approved by Congress in furtherance of, pursuant to, or
otherwise to implement the Arms Trade Treaty, unless the Arms Trade
Treaty has received the advice and consent of the Senate and has been
the subject of implementing legislation, as required, by Congress.
[[Page 130 STAT. 2545]]
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude the Department of Defense from assisting foreign
countries in bringing their laws and regulations up to United States
standards.
SEC. 1286. PROHIBITION ON USE OF FUNDS TO INVITE, ASSIST, OR
OTHERWISE ASSURE THE PARTICIPATION OF
CUBA IN CERTAIN JOINT OR MULTILATERAL
EXERCISES.
(a) Prohibition.--The Secretary of Defense may not use any funds
authorized to be appropriated or otherwise made available for fiscal
year 2017 for the Department of Defense to invite, assist, or otherwise
assure the participation of the Government of Cuba in any joint or
multilateral exercise or related security conference between the
Governments of the United States and Cuba until the Secretary of Defense
and the Secretary of State, in consultation with the Director of
National Intelligence, certify to the appropriate congressional
committees that--
(1) the Cuban military has ceased committing human rights
abuses against civil rights activists and other citizens of
Cuba;
(2) the Cuban military has ceased providing military
intelligence, weapons training, strategic planning, and security
logistics to the military and security forces of Venezuela;
(3) the Cuban military and other security forces in Cuba
have ceased all persecution, intimidation, arrest, imprisonment,
and assassination of dissidents and members of faith-based
organizations;
(4) the Government of Cuba no longer demands that the United
States relinquish control of Guantanamo Bay, in violation of an
international treaty; and
(5) the officials of the Cuban military that were indicted
in the murder of United States citizens during the shootdown of
planes operated by the Brothers to the Rescue humanitarian
organization in 1996 are brought to justice.
(b) Exceptions.--The prohibition in subsection (a) shall not apply
with respect to--
(1) payments in furtherance of the lease agreement, or other
financial transactions necessary for maintenance and
improvements of the military base at Guantanamo Bay, Cuba,
including any adjacent areas under the control or possession of
the United States;
(2) assistance or support in furtherance of democracy-
building efforts for Cuba described in section 109 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039);
(3) customary and routine financial transactions necessary
for the maintenance, improvements, or regular duties of the
United States mission in Havana, including outreach to the pro-
democracy opposition; or
(4) any joint or multilateral exercise or operation related
to humanitarian assistance or disaster response.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
[[Page 130 STAT. 2546]]
SEC. 1287. <<NOTE: 22 USC 2656 note.>> GLOBAL ENGAGEMENT CENTER.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense and the heads of
other relevant Federal departments and agencies, shall establish
within the Department of State a Global Engagement Center (in
this section referred to as the ``Center'').
(2) Purpose.--The purpose of the Center shall be to lead,
synchronize, and coordinate efforts of the Federal Government to
recognize, understand, expose, and counter foreign state and
non-state propaganda and disinformation efforts aimed at
undermining United States national security interests.
(b) Functions.--The Center shall carry out the following functions:
(1) Integrate interagency and international efforts to track
and evaluate counterfactual narratives abroad that threaten the
national security interests of the United States and United
States allies and partner nations.
(2) Analyze relevant information, data, analysis, and
analytics from United States Government agencies, United States
allies and partner nations, think tanks, academic institutions,
civil society groups, and other nongovernmental organizations.
(3) As needed, support the development and dissemination of
fact-based narratives and analysis to counter propaganda and
disinformation directed at the United States and United States
allies and partner nations.
(4) Identify current and emerging trends in foreign
propaganda and disinformation in order to coordinate and shape
the development of tactics, techniques, and procedures to expose
and refute foreign misinformation and disinformation and
proactively promote fact-based narratives and policies to
audiences outside the United States.
(5) Facilitate the use of a wide range of technologies and
techniques by sharing expertise among Federal departments and
agencies, seeking expertise from external sources, and
implementing best practices.
(6) Identify gaps in United States capabilities in areas
relevant to the purpose of the Center and recommend necessary
enhancements or changes.
(7) Identify the countries and populations most susceptible
to propaganda and disinformation based on information provided
by appropriate interagency entities.
(8) Administer the information access fund established
pursuant to subsection (f).
(9) Coordinate with United States allies and partner nations
in order to amplify the Center's efforts and avoid duplication.
(10) Maintain, collect, use, and disseminate records (as
such term is defined in section 552a(a)(4) of title 5, United
States Code) for research and data analysis of foreign state and
non-state propaganda and disinformation efforts and
communications related to public diplomacy efforts intended for
foreign audiences. Such research and data analysis shall be
reasonably tailored to meet the purposes of this paragraph and
shall be carried out with due regard for privacy and civil
liberties guidance and oversight.
[[Page 130 STAT. 2547]]
(c) Head of Center.--
(1) Appointment.--The head of the Center shall be an
individual who is an official of the Federal Government, who
shall be appointed by the President.
(2) Compliance with privacy and civil liberties laws.--The
President shall designate a senior official to develop guidance
for the Center relating to relevant privacy and civil liberties
laws and to ensure compliance with such guidance.
(d) Employees of the Center.--
(1) Detailees.--Any Federal Government employee may be
detailed to the Center without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege for a period of not more than 3 years.
(2) Personal service contractors.--The Secretary of State
may hire United States citizens or aliens as personal services
contractors for purposes of personnel resources of the Center,
if--
(A) the Secretary determines that existing personnel
resources are insufficient;
(B) the period in which services are provided by a
personal services contractor, including options, does
not exceed 3 years, unless the Secretary determines that
exceptional circumstances justify an extension of up to
one additional year;
(C) not more than 50 United States citizens or
aliens are employed as personal services contractors
under the authority of this paragraph at any time; and
(D) the authority of this paragraph is only used to
obtain specialized skills or experience or to respond to
urgent needs.
(e) Transfer of Amounts Authorized.--
(1) In general.--If amounts authorized to be appropriated or
otherwise made available to carry out the functions of the
Center--
(A) for fiscal year 2017 are less than $80,000,000,
the Secretary of Defense is authorized to transfer, from
amounts authorized to be appropriated by this Act for
the Department of Defense for fiscal year 2017, to the
Secretary of State an amount, not to exceed $60,000,000,
to be available to carry out the functions of the Center
for fiscal year 2017; and
(B) for fiscal year 2018 are less than $80,000,000,
the Secretary of Defense is authorized to transfer, from
amounts authorized to be appropriated by an Act
authorizing funds for the Department of Defense for
fiscal year 2018, to the Secretary of State an amount,
not to exceed $60,000,000, to be available to carry out
the functions of the Center for fiscal year 2018.
(2) Notice requirement.--The Secretary of Defense shall
notify the congressional defense committees of a proposed
transfer under paragraph (1) not less than 15 days prior to
making such transfer.
(3) Inapplicability of reprogramming requirements.--The
authority to transfer amounts under paragraph (1) shall not be
subject to any reprogramming requirement under any other
provision of law.
(f) Information Access Fund.--
[[Page 130 STAT. 2548]]
(1) Authority for grants.--The Center is authorized to
provide grants or contracts of financial support to civil
society groups, media content providers, nongovernmental
organizations, federally funded research and development
centers, private companies, or academic institutions for the
following purposes:
(A) To support local independent media who are best
placed to refute foreign disinformation and manipulation
in their own communities.
(B) To collect and store examples in print, online,
and social media, disinformation, misinformation, and
propaganda directed at the United States and its allies
and partners.
(C) To analyze and report on tactics, techniques,
and procedures of foreign information warfare with
respect to disinformation, misinformation, and
propaganda.
(D) To support efforts by the Center to counter
efforts by foreign entities to use disinformation,
misinformation, and propaganda to influence the policies
and social and political stability of the United States
and United States allies and partner nations.
(2) Funding availability and limitations.--The Secretary of
State shall provide that each organization that applies to
receive funds under this subsection is selected in accordance
with the relevant existing regulations to ensure its bona fides,
capability, and experience, and its compatibility with United
States interests and objectives.
(g) Reports.--
(1) In general.--Not later than one year after the date on
which the Center is established, the Secretary of State shall
submit to the appropriate congressional committees a report
evaluating the success of the Center in carrying out its
functions under subsection (b) and outlining steps to improve
any areas of deficiency.
(2) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Homeland Security,
and the Committee on Appropriations of the House of
Representatives.
(h) Limitation.--None of the funds authorized to be appropriated or
otherwise made available to carry out this section shall be used for
purposes other than countering foreign propaganda and misinformation
that threatens United States national security.
(i) Termination.--The Center shall terminate on the date that is 8
years after the date of the enactment of this Act.
SEC. 1288. MODIFICATION OF UNITED STATES INTERNATIONAL
BROADCASTING ACT OF 1994.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.; Public Law 103-236) is amended--
(1) by amending section 304 (22 U.S.C. 6203) to read as
follows:
[[Page 130 STAT. 2549]]
``SEC. 304. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF THE
BROADCASTING BOARD OF GOVERNORS.
``(a) Continued Existence Within Executive Branch.--The Broadcasting
Board of Governors shall continue to exist within the Executive branch
of Government as an entity described in section 104 of title 5, United
States Code.
``(b) Chief Executive Officer.--
``(1) In general.--The head of the Broadcasting Board of
Governors shall be a Chief Executive Officer, who shall be
appointed by the President, by and with the advice and consent
of the Senate. Notwithstanding any other provision of law, until
such time as a Chief Executive Officer is appointed and has
qualified, the current or acting Chief Executive Officer
appointed by the Board may continue to serve and exercise the
authorities and powers under this Act.
``(2) Term.--The first Chief Executive Officer appointed
pursuant to paragraph (1) shall serve for an initial term of
three years.
``(3) Compensation.--A Chief Executive Officer appointed
pursuant to paragraph (1) shall be compensated at the annual
rate of basic pay for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(c) Termination of Director of International Broadcasting
Bureau.--Effective on the date of the enactment of this section, the
position of the Director of the International Broadcasting Bureau shall
be terminated, and all of the responsibilities, offices, authorities,
and immunities of the Director or the Board under this or any other Act
or authority before such date of enactment shall be transferred or
available to, assumed by, or overseen by the Chief Executive Officer, as
head of the Board.
``(d) Immunity From Civil Liability.--Notwithstanding any other
provision of law, all limitations on liability that apply to the Chief
Executive Officer shall also apply to members of the boards of directors
of RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks,
or any organization that consolidates such entities when such members
are acting in their official capacities.'';
(2) in section 305 (22 U.S.C. 6204)--
(A) in subsection (a)--
(i) by striking ``Board'' each place it
appears and inserting ``Chief Executive Officer'';
(ii) in paragraph (1), by inserting ``direct
and'' before ``supervise'';
(iii) in paragraph (5)--
(I) by inserting ``and cooperative
agreements'' after ``grants''; and
(II) by striking ``in accordance
with sections 308 and 309'' and
inserting ``in furtherance of the
purposes of this Act and on behalf of
other agencies, accordingly'';
(iv) in paragraph (6)--
(I) by striking ``International
Broadcasting Bureau'' and inserting
``Board''; and
(II) by striking ``subject to the
limitations in sections 308 and 309
and'';
(v) in paragraph (10)--
[[Page 130 STAT. 2550]]
(I) by inserting ``, rent, or
lease'' after ``procure''; and
(II) by striking ``personal
property'' and inserting ``property for
journalism, media, production, and
broadcasting, and related support
services, notwithstanding any other
provision of law relating to such
acquisition, rental, or lease, and under
the same terms and conditions as
authorized under section 501(b) of the
United States Information and
Educational Exchange Act of 1948 (22
U.S.C. 1461(b)), and for multiyear
contracts and leases for periods of up
to 20 years subject to the requirements
of subsections (b) through (f) of
section 3903 of title 41, United States
Code'';
(vi) in paragraph (11)--
(I) by striking ``staff'';
(II) by striking ``as the Board''
and inserting ``as the Chief Executive
Officer''; and
(III) by striking ``subject'' and
inserting ``which shall not be
subject'';
(vii) in paragraph (13)--
(I) by striking ``Bureau'' and
inserting ``Board''; and
(II) by striking ``Board has taken''
and inserting ``Chief Executive Officer
has taken'';
(viii) in paragraph (14)--
(I) by inserting ``transmission or''
before ``relay''; and
(II) by inserting ``or any other
grantee authorized under this Act''
after ``Radio Free Asia'';
(ix) in paragraph (15)(A), by striking--
(I) ``temporary and intermittent'';
and
(II) ``to the same extent as is
authorized by section 3109 of title 5,
United States Code,'';
(x) in paragraph (16), by striking ``Board
determines'' and inserting ``Chief Executive
Officer determines'';
(xi) in paragraph (18), by striking ``the
Bureau'' and inserting ``the Chief Executive
Officer''; and
(xii) by adding at the end the following new
paragraphs:
``(20) Notwithstanding any other provision of law, including
section 308(a), to condition, if appropriate, any grant or
cooperative agreement to RFE/RL, Inc., Radio Free Asia, or the
Middle East Broadcasting Networks, or any organization that is
established through the consolidation of such entities, on
authority to determine membership of their respective boards,
and the consolidation of such grantee entities into a single
grantee organization under terms and conditions established by
the Board.
``(21) To redirect or reprogram funds within the scope of
any grant or cooperative agreement, or between grantees, as
necessary (and not later than 15 days before any such
redirection of funds between language services, to notify the
Committee on Appropriations and the Committee on Foreign Affairs
of the House of Representatives and the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate
[[Page 130 STAT. 2551]]
regarding such redirection), and to condition grants or
cooperative agreements, if appropriate, on such grants or
cooperative agreements or any similar amendments as authorized
under section 308(a), including authority to name and replace
the board of any grantee authorized under this Act, including
with Federal officials, to meet the purposes of this Act.
``(22) To change the name of the Board pursuant to
congressional notification 60 days prior to any such change.'';
(B) by striking subsections (b) and (c); and
(C) by redesignating subsection (d) as subsection
(b); and
(D) in subsection (b) (as so redesignated)--
(i) by striking ``and the Board'' and
inserting ``and the Chief Executive Officer''; and
(ii) by striking ``International Broadcasting
Bureau'' and inserting ``Board'';
(3) by amending section 306 (22 U.S.C. 6205) to read as
follows:
``SEC. 306. ESTABLISHMENT OF THE INTERNATIONAL BROADCASTING
ADVISORY BOARD.
``(a) In General.--Except as provided in subsection (b)(2), the
International Broadcasting Advisory Board (referred to in this section
as the `Advisory Board') shall consist of five members, including the
Secretary of State, appointed by the President and in accordance with
subsection (d), to advise the Chief Executive Officer of the
Broadcasting Board of Governors, as appropriate.
``(b) Retention of Existing BBG Board Members.--
``(1) In general.--The presidentially appointed and Senate-
confirmed members of the Board of the Broadcasting Board of
Governors who are serving on unexpired terms as of the date of
the enactment of this section shall--
``(A) constitute the first Advisory Board; and
``(B) hold office for the remainder of their
original terms of office without reappointment to the
Advisory Board.
``(2) Effect of additional members.--If, on the date of the
enactment of this section, more than five members described in
subsection (a) are serving their original terms of office on the
Broadcasting Board of Governors, each such member may serve on
the Advisory Board for a period equal to the time remaining on
each such member's respective term without reappointment.
``(c) Terms of Office.--
``(1) In general.--Except as provided in paragraph (2), the
term of office of each member of the Advisory Board appointed
pursuant to subsection (a) shall be three years.
``(2) Vacancies.--If a vacancy on the Advisory Board occurs
before the expiration of the term of the member who created such
vacancy--
``(A) the President shall appoint a new member to
fill such vacancy in accordance with subsection (d); and
``(B) the member appointed pursuant to such
subsection shall serve for the remainder of such term.
``(3) Service beyond term prohibited.--Members may not serve
beyond the term for which they were appointed.
[[Page 130 STAT. 2552]]
``(d) Selection of the Board.--In identifying individuals for
appointment to the Advisory Board under subsection (a), the President
shall appoint United States citizens--
``(1) who, with the exception of the Secretary of State, are
not regular, full-time employees of the United States
Government; and
``(2) distinguished in the fields of public diplomacy, mass
communications, print, broadcast or digital media, or foreign
affairs, of whom--
``(A) one individual should be appointed from among
a list of at least three individuals submitted by the
Chair of the Committee on Foreign Affairs of the House
of Representatives;
``(B) one individual should be appointed from among
a list of at least three individuals submitted by the
Ranking Member of the Committee on Foreign Affairs of
the House of Representatives;
``(C) one individual should be appointed from among
a list of at least three individuals submitted by the
Chair of the Committee on Foreign Relations of the
Senate; and
``(D) one individual should be appointed from among
a list of at least three individuals submitted by the
Ranking Member of the Committee on Foreign Relations of
the Senate.
``(e) Functions of the Board.--The members of the Advisory Board
shall perform the following advisory functions:
``(1) To provide the Chief Executive Officer of the
Broadcasting Board of Governors with counsel and recommendations
for improving the effectiveness and efficiency of the agency and
its programming.
``(2) To meet with the Chief Executive Officer at least
twice annually and at additional meetings at the request of the
Chief Executive Officer.
``(3) To report periodically or upon request to the
congressional committees specified in subsection (d)(2)
regarding its counsel and recommendations for improving the
effectiveness and efficiency of the Broadcasting Board of
Governors and its programming.
``(4) To obtain information from the Chief Executive
Officer, as needed, for the purposes of fulfilling the functions
described in this subsection.
``(f) Compensation.--Members of the Advisory Board, including the
Secretary of State, may not receive any fee, salary, or remuneration of
any kind for their service as members.'';
(4) by striking section 307 (22 U.S.C. 6206);
(5) in section 308 (22 U.S.C. 6207)--
(A) in subsection (a)(1), by striking ``of the
Broadcasting Board of Governors established under
section 304 and no other members'' and inserting
``authorized under section 305(a)(20)'';
(B) by amending subsection (d) to read as follows:
``(d) Alternative Grantee.--If the Chief Executive Officer
determines at any time that RFE/RL, Incorporated is not carrying out the
functions described in this section in an effective and economical
manner, the Board may award the grant to carry out such functions to
another entity.''; and
(C) in subsection (g)(4)--
[[Page 130 STAT. 2553]]
(i) by striking ``International Broadcasting
Bureau'' and inserting ``any other grantee of the
Board''; and
(ii) by striking ``by the Board'' and
inserting ``by the Chief Executive Officer''; and
(D) in subsection (i), by striking ``(1) Effective''
and inserting ``Effective'';
(6) in section 309 (22 U.S.C. 6208)--
(A) in subsection (f)(2), by striking ``Chairman of
the Board'' and inserting ``Chief Executive Officer of
the Board'';
(B) by redesignating subsection (g) as subsection
(h); and
(C) by inserting after subsection (f) the following
new subsection:
``(g) Alternative Grantee.--If the Chief Executive Officer
determines at any time that Radio Free Asia is not carrying out the
functions described in this section in an effective and economical
manner, the Board may award the grant to carry out such functions to
another entity.'';
(7) by inserting after section 309 (22 U.S.C. 6208) the
following new sections:
``SEC. 310. <<NOTE: 22 USC 6209.>> BROADCAST ENTITIES REPORTING
TO CHIEF EXECUTIVE OFFICER.
``(a) Consolidation of Grantee Organizations.--
``(1) In general.--The Chief Executive Officer, subject to
the regular notification procedures of the Committee on
Appropriations and the Committee on Foreign Affairs of the House
of Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate, who is authorized
to incorporate a grantee, may condition annual grants to RFE/RL,
Inc., Radio Free Asia, and the Middle East Broadcasting Networks
on the consolidation of such grantees into a single,
consolidated private, non-profit corporation (in accordance with
section 501(c)(3) of the Internal Revenue Code and exempt from
tax under section 501(a) of such Code), in such a manner and
under such terms and conditions as determined by the Chief
Executive Officer, which may broadcast and provide news and
information to audiences wherever the agency may broadcast, for
activities that the Chief Executive Officer determines are
consistent with the purposes of this Act, including the terms
and conditions of subsections (g)(5), (h), (i), and (j) of
section 308, except that the Agency may select any name for such
a consolidated grantee.
``(2) Special rule.--No State or political subdivision of a
State may establish, enforce, or continue in effect any
provision of law or legal requirement that is different from, or
is in conflict with, any requirement or authority applicable
under this Act relating to the consolidation, incorporation,
structure, or dissolution of any grantee under this Act.
``(b) Mission.--The consolidated grantee established under
subsection (a) shall--
``(1) counter state-sponsored propaganda which undermines
the national security or foreign policy interests of the United
States and its allies;
``(2) provide uncensored local and regional news and
analysis to people in societies where a robust, indigenous,
independent, and free media does not exist;
[[Page 130 STAT. 2554]]
``(3) help countries improve their indigenous capacity to
enhance media professionalism and independence, and develop
partnerships with local media outlets, as appropriate; and
``(4) promote unrestricted access to uncensored sources of
information, especially via the internet, and use all effective
and efficient mediums of communication to reach target
audiences.
``(c) Federal Status.--Nothing in this or any other Act, or any
action taken pursuant to this or any other Act, may be construed to make
such a consolidated grantee described in subsection (a) or RFE/RL, Inc.,
Radio Free Asia, or the Middle East Broadcasting Networks or any other
grantee or entity provided funding by the agency a Federal agency or
instrumentality. Employees or staff of such grantees or entities may not
be Federal employees. For purposes of this section and this Act, the
term `grant' includes agreements under section 6305 of title 31, United
States Code, and the term `grantee' includes recipients of such
agreements.
``(d) Leadership of Grantee Organizations.--Officers and directors
of RFE/RL Inc., Radio Free Asia, and the Middle East Broadcasting
Networks or any organization that is established through the
consolidation of such entities, or authorized under this Act, shall
serve at the pleasure of and may be named by the Chief Executive Officer
of the Board.
``(e) Maintenance of the Existing Individual Grantee Brands.--RFE/
RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting
Networks, Incorporated should remain brand names under which news and
related programming and content may be disseminated by the consolidated
grantee. Additional brands may be created as necessary.
``SEC. 310A. <<NOTE: 22 USC 6209a.>> INSPECTOR GENERAL
AUTHORITIES.
``(a) In General.--The Inspector General of the Department of State
and the Foreign Service shall exercise the same authorities with respect
to the Broadcasting Board of Governors as the Inspector General
exercises under the Inspector General Act of 1978 and section 209 of the
Foreign Service Act of 1980 (22 U.S.C. 3929) with respect to the
Department of State.
``(b) Respect for Journalistic Integrity of Broadcasters.--The
Inspector General of the Department of State and the Foreign Service
shall respect the journalistic integrity of all the broadcasters covered
by this Act and may not evaluate the philosophical or political
perspectives reflected in the content of broadcasts.
``SEC. 310B. <<NOTE: 22 USC 6209b.>> ROLE OF THE SECRETARY OF
STATE IN FOREIGN POLICY GUIDANCE.
``To assist the Board in carrying out its functions, the Chief
Executive Officer shall regularly consult with and seek from the
Secretary of State guidance on foreign policy issues.''; and
(8) in section 314 (22 U.S.C. 6213)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(4) the terms `Board' and `Chief Executive Officer of the
Board' mean the Broadcasting Board of Governors and the
position, respectively, authorized in accordance with this
Act;''.
[[Page 130 STAT. 2555]]
SEC. 1289. REDESIGNATION OF SOUTH CHINA SEA INITIATIVE.
(a) Redesignation as Southeast Asia Maritime Security Initiative.--
Subsection (a)(2) of section 1263 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1073; 10 U.S.C.
2282 note) is amended by striking ``the `South China Sea Initiative' ''
and inserting ``the `Southeast Asia Maritime Security Initiative' ''.
(b) Conforming Amendment.--The heading of such section is amended to
read as follows:
``SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIATIVE.''.
SEC. 1290. <<NOTE: 22 USC 2593e.>> MEASURES AGAINST PERSONS
INVOLVED IN ACTIVITIES THAT VIOLATE ARMS
CONTROL TREATIES OR AGREEMENTS WITH THE
UNITED STATES.
(a) Reports on Persons That Violate Treaties or Agreements.--
(1) In general.--Not later than 30 days after the submittal
to Congress of an annual report on the status of United States
policy and actions with respect to arms control,
nonproliferation, and disarmament pursuant to section 403 of the
Arms Control and Disarmament Act (22 U.S.C. 2593a), the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report, consistent with the
protection of intelligence sources and methods, identifying
every person with respect to whom there is credible information
indicating that--
(A) the person--
(i)(I) is an individual who is a citizen,
national, or permanent resident of a country
described in paragraph (2); or
(II) is an entity organized under the laws of
a country described in paragraph (2); and
(ii) has engaged in any activity that
contributed to or is a significant factor in the
President's or the Secretary of State's
determination that such country is not in full
compliance with its obligations as further
described in paragraph (2); or
(B) the person has provided material support for
such non-compliance to a person described in
subparagraph (A).
(2) Country described.--A country described in this
paragraph is a country (other than a country described in
paragraph (3)) that the President or the Secretary of State has
determined, in the most recent annual report described in
paragraph (1), to be not in full compliance with its obligations
undertaken in all arms control, nonproliferation, and
disarmament agreements or commitments to which the United States
is a participating state.
(3) Excluded countries.--The following countries are not
described for purposes of paragraph (2):
(A) The United States.
(B) Any country determined by the Director of
National Intelligence to be closely cooperating in
intelligence matters with the United States in the
period covered by the most recent annual report
described in paragraph (1), regardless of the extent of
the compliance of such country with the obligations
described in paragraph (2) during such period.
(b) Imposition of Measures.--Except as provided in subsections (d),
(e), and (f), the President shall impose the measures
[[Page 130 STAT. 2556]]
described in subsection (c) with respect to each person identified in a
report under subsection (a).
(c) Measures Described.--
(1) In general.--The measures to be imposed with respect to
a person under subsection (b) are the head of any executive
agency (as defined in section 133 of title 41, United States
Code) may not enter into, renew, or extend a contract for the
procurement of goods or services with the person.
(2) Exception for major routes of supply.--The requirement
to impose measures under paragraph (1) shall not apply with
respect to any contract for the procurement of goods or services
along a major route of supply to a zone of active combat or
major contingency operation.
(3) Requirement to revise regulations.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Federal
Acquisition Regulation, the Defense Federal Acquisition
Regulation Supplement, and the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements
for Federal Awards shall be revised to implement
paragraph (1).
(B) Certifications.--The revisions to the Federal
Acquisition Regulation under subparagraph (A) shall
include a requirement for a certification from each
person that is a prospective contractor that the person,
and any person owned or controlled by the person, does
not engage in any activity described in subsection
(a)(1)(A)(ii).
(C) Remedies.--If the head of an executive agency
determines that a person has submitted a false
certification under subparagraph (B) on or after the
date on which the applicable revision of the Federal
Acquisition Regulation required by this paragraph
becomes effective--
(i) the head of that executive agency shall
terminate a contract with such person or debar or
suspend such person from eligibility for Federal
contracts for a period of not less than 2 years;
(ii) any such debarment or suspension shall be
subject to the procedures that apply to debarment
and suspension under the Federal Acquisition
Regulation under subpart 9.4 of part 9 of title
48, Code of Federal Regulations; and
(iii) the Administrator of General Services
shall include on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs
maintained by the Administrator under part 9 of
the Federal Acquisition Regulation each person
that is debarred, suspended, or proposed for
debarment or suspension by the head of an
executive agency on the basis of a determination
of a false certification under subparagraph (B).
(d) Waiver for Lack of Knowing Violation.--
(1) In general.--The President may waive the application of
measures on a case-by-case basis under subsection (b) with
respect to a person if the President--
(A) determines that--
(i)(I) in the case of a person described in
subsection (a)(1)(A), the person did not knowingly
engage in any activity described in such
subsection;
[[Page 130 STAT. 2557]]
(II) in the case of a person described in
subsection (a)(1)(B), the person conducted or
facilitated a transaction or transactions with, or
provided financial services to, a person described
in subsection (a)(1)(A) that did not knowingly
engage in any activity described in such
subsection; and
(III) in the case of a person described in
subsection (a)(1)(A) or (a)(1)(B), the person has
terminated the activity for which otherwise
covered by such subsection or has provided
verifiable assurances that the person will
terminate such activity; and
(ii) the waiver is in the national security
interest of the United States; and
(B) submits to the appropriate congressional
committees a report on the determination and the reasons
for the determination.
(2) Form of report.--The report required by paragraph (1)(B)
shall be submitted in unclassified form, but may include a
classified annex.
(e) Waiver To Prevent Disclosure of Intelligence Sources and
Methods.--The President may waive the application of measures on a case-
by-case basis under subsection (b) with respect to a person if the
President--
(1) determines that the waiver is necessary to prevent the
disclosure of intelligence sources or methods; and
(2) submits to the appropriate congressional committees a
report, consistent with the protection of intelligence sources
and methods, on the determination and the reasons for the
determination.
(f) Timing of Imposition.--
(1) In general.--Except as provided in paragraph (2), the
President shall immediately impose measures under subsection (b)
against a person described in subsection (a)(1) upon the
submittal to Congress of the report identifying the person
pursuant to subsection (a)(1) unless the President determines
and certifies to the appropriate congressional committees that
the government of the country concerned has taken specific and
effective actions, including, as appropriate, the imposition of
appropriate penalties, to terminate the involvement of the
person in the activities that resulted in the identification of
the person in the report.
(2) Delay.--
(A) In general.--The President may delay the
imposition of measures against a person for up to 120
days after the date of the submittal to Congress of the
report identifying the person pursuant to subsection
(a)(1) if the President initiates consultations with the
government concerned with respect to the taking of
actions described in paragraph (1).
(B) Additional delay.--The President may delay the
imposition of measures for up to an additional 120 days
after the delay authorized by subparagraph (A) if the
President determines and certifies to the appropriate
congressional committees that the government concerned
is in the process of taking the actions described in
paragraph (1).
[[Page 130 STAT. 2558]]
(3) Report.--Not later than 60 days after the submittal to
Congress of the report identifying a person pursuant to
subsection (a)(1), the President shall submit to the appropriate
congressional committees a report on the status of
consultations, if any, with the government concerned under this
subsection, and the basis for any determination under paragraph
(1).
(g) Termination.--
(1) Termination through compliance of country with arms
control and other agreements.--The measures imposed with respect
to a person under subsection (b) shall terminate on the date on
which the President submits to Congress a subsequent annual
report pursuant to section 403 of the Arms Control and
Disarmament Act that does not contain a determination of the
President that the country described in subsection (a)(2) with
respect to which the measures were imposed with respect to the
person is a country that is not in full compliance with its
obligations undertaken in all arms control, nonproliferation,
and disarmament agreements or commitments to which the United
States is a participating state.
(2) Termination through cessation by person of violating
activities.--In addition to termination provided for by
paragraph (1), the measures imposed with respect to a person
under subsection (b) in connection with a particular activity
shall terminate upon a determination of the President that the
person has ceased such activity. The termination of measures
imposed with respect to a person in connection with a particular
activity pursuant to this paragraph shall not result in the
termination of any measures imposed with respect to the person
in connection with any other activity for which measures were
imposed under subsection (b).
(h) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
SEC. 1291. <<NOTE: 10 USC 2333 note.>> AGREEMENTS WITH FOREIGN
GOVERNMENTS TO DEVELOP LAND-BASED WATER
RESOURCES IN SUPPORT OF AND IN
PREPARATION FOR CONTINGENCY OPERATIONS.
(a) Agreements Authorized.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized to enter into
agreements with the governments of foreign countries to develop land-
based water resources in support of and in preparation for contingency
operations, including water selection, pumping, purification, storage,
distribution, cooling, consumption, water reuse, water source
intelligence, research and development, training, acquisition of water
support equipment, and water support operations.
(b) Notification Required.--Not later than 30 days after entering
into an agreement under subsection (a), the Secretary of Defense shall
notify the appropriate congressional committees
[[Page 130 STAT. 2559]]
of the existence of the agreement and provide a summary of the terms of
the agreement.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1292. <<NOTE: 22 USC 2751 note.>> ENHANCING DEFENSE AND
SECURITY COOPERATION WITH INDIA.
(a) Actions.--
(1) In general.--The Secretary of Defense and Secretary of
State should jointly take such actions as may be necessary to--
(A) recognize India's status as a major defense
partner of the United States;
(B) designate an individual within the executive
branch who has experience in defense acquisition and
technology--
(i) to reinforce and ensure, through
interagency policy coordination, the success of
the Framework for the United States-India Defense
Relationship; and
(ii) to help resolve remaining issues impeding
United States-India defense trade, security
cooperation, and co-production and co-development
opportunities;
(C) approve and facilitate the transfer of advanced
technology, consistent with United States conventional
arms transfer policy, to support combined military
planning with India's military for missions such as
humanitarian assistance and disaster relief, counter
piracy, freedom of navigation, and maritime domain
awareness missions, and to promote weapons systems
interoperability;
(D) strengthen the effectiveness of the U.S.-India
Defense Trade and Technology Initiative and the
durability of the Department of Defense's ``India Rapid
Reaction Cell'';
(E) collaborate with the Government of India to
develop mutually agreeable mechanisms to verify the
security of defense articles, defense services, and
related technology, such as appropriate cyber security
and end use monitoring arrangements, consistent with
United States export control laws and policy;
(F) promote policies that will encourage the
efficient review and authorization of defense sales and
exports to India;
(G) encourage greater government-to-government and
commercial military transactions between the United
States and India;
(H) support the development and alignment of India's
export control and procurement regimes with those of the
United States and multilateral control regimes; and
(I) continue to enhance defense and security
cooperation with India in order to advance United States
interests in the South Asia and greater Indo-Asia-
Pacific regions.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense and Secretary of State shall jointly submit
[[Page 130 STAT. 2560]]
to the congressional defense committees and the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on how the
United States is supporting its defense relationship with India
in relation to the actions described in paragraph (1).
(b) Bilateral Coordination.--To enhance cooperation and encourage
military-to-military engagement between the United States and India, the
Secretary of Defense should take appropriate actions to ensure that
exchanges between senior military officers and senior civilian defense
officials of the United States Government and the Government of India--
(1) are at a level appropriate to enhance engagement between
the militaries of the two countries for threat analysis,
military doctrine, force planning, mutual security interests,
logistical support, intelligence, tactics, techniques and
procedures, humanitarian assistance, and disaster relief;
(2) include exchanges of general and flag officers between
the two countries;
(3) enhance cooperative military operations, including
maritime security, counter-piracy, counter-terror cooperation,
and domain awareness, in the Indo-Asia-Pacific region;
(4) accelerate the development of combined military planning
for missions such as those identified in subsection (a)(1)(C) or
in paragraph (1) of this subsection, or other missions in the
national security interests of both countries; and
(5) solicit and recognize actions and efforts by India that
would allow the United States to treat India as a major defense
partner.
(c) Assessment Required.--
(1) In general.--The Secretary of Defense and Secretary of
State shall jointly, on an ongoing basis, conduct an assessment
of the extent to which India possesses capabilities to support
and carry out military operations of mutual interest to the
United States and India, including an assessment of the defense
export control regulations and policies that need appropriate
modification, in recognition of India's capabilities and its
status as a major defense partner.
(2) Use of assessment.--The President shall ensure that the
assessment described in paragraph (1) is used, consistent with
United States conventional arms transfer policy, to inform the
review by the United States of requests to export defense
articles, defense services, or related technology to India under
the Arms Export Control Act (22 U.S.C. 2751 et seq.), and to
inform any regulatory and policy adjustments that may be
appropriate.
SEC. 1293. <<NOTE: 19 USC 3723 note.>> COORDINATION OF EFFORTS TO
DEVELOP FREE TRADE AGREEMENTS WITH SUB-
SAHARAN AFRICAN COUNTRIES.
(a) Coordination Between the United States Trade Representative and
Other Agencies.--The United States Trade Representative shall consult
and coordinate with other relevant Federal agencies to assist countries
identified under paragraph (1) of section 110(b) of the Trade
Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat. 370; 19
U.S.C. 3705 note) in the most recent report required by that section,
including through the deployment of resources from those agencies to
such countries and through
[[Page 130 STAT. 2561]]
trade capacity building, in addressing the plan developed under
paragraph (3) of that section.
(b) Coordination of USAID With Free Trade Agreement Policy.--
(1) Authorization of funds.--Funds made available to the
United States Agency for International Development under section
496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2293) after
the date of the enactment of this Act may be used, in
consultation with the United States Trade Representative--
(A) to assist eligible countries, including by
deploying resources to such countries, in addressing the
plan developed under section 116(b) of the African
Growth and Opportunity Act (19 U.S.C. 3723(b)); and
(B) to assist eligible countries in the
implementation of the commitments of those countries
under agreements with the United States and under the
WTO Agreement (as defined in section 2(9) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(9))) and agreements
annexed to the WTO Agreement.
(2) Definitions.--In this subsection:
(A) Eligible country.--The term ``eligible country''
means a sub-Saharan African country that receives--
(i) benefits under the African Growth and
Opportunity Act (19 U.S.C. 3701 et seq.); and
(ii) funding from the United States Agency for
International Development.
(B) Sub-saharan african country.--The term ``sub-
Saharan African country'' has the meaning given that
term in section 107 of the African Growth and
Opportunity Act (19 U.S.C. 3706).
SEC. 1294. EXTENSION AND EXPANSION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN
COUNTRIES.
(a) Expansion of Authority.--Section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1056; 22 U.S.C. 2551 note) is amended--
(1) in subsection (a)(1)--
(A) by striking ``the Government of Jordan and the
Government of Lebanon'' and inserting ``the Government
of Egypt, the Government of Jordan, the Government of
Lebanon, and the Government of Tunisia'';
(B) by striking ``efforts of the armed forces'' and
inserting ``efforts as follows:
``(A) Efforts of the armed forces''; and
(C) by adding at the end the following new
subparagraph:
``(B) Efforts of the armed forces of Egypt and the
armed forces of Tunisia to increase security and sustain
increased security along the border of Egypt and the
border of Tunisia with Libya, as applicable.''; and
(2) in subsection (c)(4), by striking ``along the border''
and all that follows and inserting ``along the border of the
country as specified in subsection (a)(1).''.
(b) Funds Available for Support.--Subsection (b) of such section is
amended--
[[Page 130 STAT. 2562]]
(1) in paragraphs (1) and (2), by striking ``Amounts'' and
inserting ``In fiscal year 2016, amounts''; and
(2) by adding at the end the following new paragraph:
``(3) In any fiscal year after fiscal year 2016, amounts
authorized to be appropriated for such fiscal year and available
for Operation and Maintenance, Defense-Wide, and the Counter
Islamic State of Iraq and the Levant Fund for such fiscal
year.''.
(c) Extension.--Subsection (f) of such section is amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019''.
(d) Conforming Amendment.--The heading of such section is amended to
read as follows:
``SEC. 1226. SUPPORT TO CERTAIN GOVERNMENTS FOR BORDER SECURITY
OPERATIONS.''.
SEC. 1295. MODIFICATION AND CLARIFICATION OF UNITED STATES-ISRAEL
ANTI-TUNNEL COOPERATION AUTHORITY.
(a) Amount of Support Providable by the United States.--Paragraph
(4) of section 1279(b) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1079; 22 U.S.C. 8606
note) is amended by striking ``$25,000,000'' and inserting
``$50,000,000''.
(b) Scope of Requirement for Matching Contribution by Israel.--
Paragraph (3) of such section is amended by inserting before the period
at the end the following: ``in the calendar year in which the support is
provided''.
(c) Use of Certain Amount for RDT&E Activities in the United
States.--Of the amount contributed by the United States for activities
under section 1279 of the National Defense Authorization Act for Fiscal
Year 2016, not less than 50 percent of such amount shall be used in
fiscal year 2017 for research, development, test, and evaluation
activities for purposes of such section in the United States.
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.
(a) In General.--Section 1211 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (b), by inserting ``or in the 600 series
of the control list of the Export Administration Regulations''
after ``in Arms Regulations''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(3) The term `600 series of the control list of the Export
Administration Regulations' means the 600 series of the Commerce
Control List contained in Supplement No. 1 to part 774 of
subtitle B of title 15 of the Code of Federal Regulations.''.
(b) Technical Corrections to ITAR References.--Such section is
further amended by striking ``Trafficking'' both places it appears and
inserting ``Traffic''.
[[Page 130 STAT. 2563]]
SEC. 1297. <<NOTE: 22 USC 2761 note.>> INTERNATIONAL SALES
PROCESS IMPROVEMENTS.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a plan to
improve the management and use of fees collected on transfer of defense
articles and services via sale, lease, or grant to international
customers under programs over which the Defense Security Cooperation
Agency has administration responsibilities. The plan shall include
options to use fees more effectively--
(1) to improve the staffing and processes of the licensing
review cycle at the Defense Technology Security Administration
and other reviewing authorities; and
(2) to maintain a cadre of contracting officers and
acquisition officials who specialize in foreign military sales
contracting.
(b) Process for Gathering Input.--The Secretary of Defense shall
establish a process for contractors to provide input, feedback, and
adjudication of any differences regarding the appropriateness of
governmental pricing and availability estimates prior to the delivery to
potential foreign customers of formal responses to Letters of Request
for Pricing and Availability.
SEC. 1298. <<NOTE: 22 USC 7114 note.>> EFFORTS TO END MODERN
SLAVERY.
(a) Actions by the Secretary of Defense.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the appropriate congressional committees a briefing
on the policies and guidance of the Department of Defense with
respect to the education and training on human slavery and the
appropriate role of the United States Armed Forces in combatting
trafficking in persons that is received by personnel of the
Armed Forces, including uniformed personnel and civilians
engaged in partnership with foreign nations.
(2) Elements.--The briefing required under paragraph (1)
shall address--
(A) resources available for Armed Forces personnel
who become aware of instances of human slavery or
trafficking in persons while deployed overseas; and
(B) guidance on the requirement to make official
reports through the chain of command, the roles and
responsibilities of military and civilian officials of
the United States Armed Forces and host nations,
circumstances in which members of the Armed Forces are
authorized to take immediate action to prevent loss of
life or serious injury, and the authority to use
appropriate force to stop or prevent sexual abuse or
exploitation of children.
(b) Grant Authorization.--The Secretary of State is authorized to
make a grant or grants of funding to provide support for
transformational programs and projects that seek to achieve a measurable
and substantial reduction of the prevalence of modern slavery in
targeted populations within partner countries (or jurisdictions
thereof).
(c) Monitoring and Evaluation.--Any grantee shall--
(1) develop specific and detailed criteria for the
monitoring and evaluation of supported projects;
(2) implement a system for measuring progress against
baseline data that is rigorously designed based on international
corporate and nongovernmental best practices;
[[Page 130 STAT. 2564]]
(3) ensure that each supported project is regularly and
rigorously monitored and evaluated, on a not less than biennial
basis, by an independent monitoring and evaluation entity,
against the specific and detailed criteria established pursuant
to paragraph (1), and that the progress of the project towards
its stated goals is measured by such entity against baseline
data;
(4) support the development of a scientifically sound,
representative survey methodology for measuring prevalence with
reference to existing research and experience, and apply the
methodology consistently to determine the baseline prevalence in
target populations and outcomes in order to periodically assess
progress in reducing prevalence; and
(5) establish, and revise on a not less than annual basis,
specific and detailed criteria for the suspension and
termination, as appropriate, of projects supported by the
grantee that regularly or consistently fail to meet the criteria
required by this section.
(d) Auditing.--
(1) In general.--Any grantee shall be subject to the same
auditing, recordkeeping, and reporting obligations required
under subsections (e), (f), (g), and (i) of section 504 of the
National Endowment for Democracy Act (22 U.S.C. 4413).
(2) Comptroller general audit authority.--
(A) In general.--The Comptroller General of the
United States may evaluate the financial transactions of
the grantee as well as the programs or activities the
grantee carries out pursuant to this section.
(B) Access to records.--Any grantee shall provide
the Comptroller General, or the Comptroller General's
duly authorized representatives, access to such records
as the Comptroller General determines necessary to
conduct evaluations authorized by this section.
(e) Annual Report.--Any grant recipient shall submit a report to the
Secretary of State annually and the Secretary shall transmit it to the
appropriate congressional committees within 30 days. Such report shall
include the names of each of the projects or sub-grantees receiving such
funding pursuant to this section and the amount of funding provided for,
along with a detailed description of, each such project.
(f) Rule of Construction Regarding Availability of Fiscal Year 2016
Appropriations.--The enactment of this section is deemed to meet the
condition of the first proviso of paragraph (2) of section 7060(f) of
the Department of State, Foreign Operations, and Related Appropriations
Act, 2016 (division K of Public Law 114-113), and the funds referred to
in such paragraph shall be made available in accordance with, and for
the purposes set forth in, such paragraph.
(g) Authorization of Appropriations; Sunset.--
(1) Authorization of appropriations for fiscal years 2017
through 2020.--There is authorized to be appropriated to the
Department of State for the purpose of making a grant or grants
authorized under this section, for each fiscal year from 2017
through 2020, $37,500,000.
(2) Sunset.--The authorities of subsections (b) through (f)
shall expire on September 30, 2020.
(h) Comptroller General Review of Existing Programs.--
[[Page 130 STAT. 2565]]
(1) In general.--Not later than September 30, 2018, and
September 30, 2020, the Comptroller General of the United States
shall submit to Congress a report on all of the programs
conducted by the Department of State, the United States Agency
for International Development, the Department of Labor, the
Department of Defense, and the Department of the Treasury that
address human trafficking and modern slavery, including a
detailed analysis of the effectiveness of such programs in
limiting human trafficking and modern slavery and specific
recommendations on which programs are not effective at reducing
the prevalence of human trafficking and modern slavery and how
the funding for such programs may be redirected to more
effective efforts.
(2) Consideration of report.--The Comptroller General of the
United States shall brief the appropriate congressional
committees on the report submitted under paragraph (1). The
appropriate congressional committees shall review and consider
the reports and shall, as appropriate, consider modifications to
authorization levels and programs within the jurisdiction of
such committees to address the recommendations made in the
report.
(i) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
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.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION FUNDS.
(a) Fiscal Year 2017 Cooperative Threat Reduction Funds Defined.--In
this title, the term ``fiscal year 2017 Cooperative Threat Reduction
funds'' means the funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding table in
division D for the Department of Defense Cooperative Threat Reduction
Program established under section 1321 of the Department of Defense
Cooperative Threat Reduction Act (50 U.S.C. 3711).
(b) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by the
funding table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for fiscal
years 2017, 2018, and 2019.
[[Page 130 STAT. 2566]]
SEC. 1302. FUNDING ALLOCATIONS.
(a) In General.--Of the $325,604,000 authorized to be appropriated
to the Department of Defense for fiscal year 2017 in section 301 and
made available by the funding table in division D for the Department of
Defense Cooperative Threat Reduction Program established under section
1321 of the Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711), the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination, $11,791,000.
(2) For chemical weapons destruction, $2,942,000.
(3) For global nuclear security, $16,899,000.
(4) For cooperative biological engagement, $213,984,000.
(5) For proliferation prevention, $50,709,000, of which--
(A) $4,000,000 may be obligated for purposes
relating to nuclear nonproliferation assisted or caused
by additive manufacture technology (commonly referred to
as ``3D printing'');
(B) $4,000,000 may be obligated for monitoring the
``proliferation pathways'' under the Joint Comprehensive
Plan of Action;
(C) $4,000,000 may be obligated for enhancing law
enforcement cooperation and intelligence sharing; and
(D) $4,000,000 may be obligated for the
Proliferation Security Initiative under subtitle B of
title XVIII of the Implementing Recommendations of the
9/11 Commission Act of 2007 (50 U.S.C. 2911 et seq.).
(6) For threat reduction engagement, $2,000,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $27,279,000.
(b) Modifications to Certain Requirements.--The Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.) is
amended as follows:
(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended by
striking ``15 days'' and inserting ``45 days''.
(2) Section 1322(b) (50 U.S.C. 3712(b)) is amended--
(A) by striking ``At the time at which'' and
inserting ``Not later than 15 days before the date on
which'';
(B) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (2), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(3) a discussion of--
``(A) whether authorities other than the authority
under this section are available to the Secretaries to
perform such project or activity to meet the threats or
goals identified under subsection (a)(1); and
``(B) if such other authorities exist, why the
Secretaries were not able to use such authorities for
such project or activity.''.
(3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is amended by
striking ``at the time at which'' and inserting ``not later than
seven days before the date on which''.
(4) Section 1324 (50 U.S.C. 3714) is amended--
(A) in subsection (a)(1)(C), by striking ``15 days''
and inserting ``45 days''; and
[[Page 130 STAT. 2567]]
(B) in subsection (b)(3), by striking ``15 days''
and inserting ``45 days''.
(c) Joint Comprehensive Plan of Action Defined.--In this section,
the term ``Joint Comprehensive Plan of Action'' means the Joint
Comprehensive Plan of Action, signed at Vienna July 14, 2015, by Iran
and by the People's Republic of China, France, Germany, the Russian
Federation, the United Kingdom, and the United States, with the High
Representative of the European Union for Foreign Affairs and Security
Policy, and all implementing materials and agreements related to the
Joint Comprehensive Plan of Action, and transmitted by the President to
Congress on July 19, 2015, pursuant to section 135(a) of the Atomic
Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act
of 2015 (Public Law 114-17; 129 Stat. 201).
SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE
THREAT REDUCTION IN PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--The Department of Defense Cooperative Threat
Reduction Act (50 U.S.C. 3701 et seq.) is amended by inserting after
section 1334 the following new section:
``SEC. 1335. <<NOTE: 50 USC 3735.>> LIMITATION ON AVAILABILITY OF
FUNDS FOR COOPERATIVE THREAT REDUCTION
ACTIVITIES IN PEOPLE'S REPUBLIC OF
CHINA.
``(a) Semiannual Installments.--In carrying out activities under the
Program in the People's Republic of China, the Secretary of Defense
shall ensure that Cooperative Threat Reduction funds for such activities
are obligated or expended in semiannual installments.
``(b) Required Reports.--
``(1) Additional information.--With respect to carrying out
activities under the Program in the People's Republic of China,
the Secretary of Defense shall submit to the congressional
defense committees the reports required by section 1321(g) on a
semiannual basis by not later than 15 days before any obligation
of Cooperative Threat Reduction funds for such activities during
the covered semiannual period. In addition to the matters
required by such section, each such report shall include, in
coordination with the Secretary of State--
``(A) whether China has taken material steps to--
``(i) disrupt the proliferation activities of
Li Fangwei (also known as Karl Lee, or any other
alias known by the United States); and
``(ii) arrest Li Fangwei pursuant the
indictment charged in the United States District
Court for the Southern District of New York on
April 29, 2014;
``(B) whether China has proliferated to any non-
nuclear weapons state, or any nuclear weapons state in
violation of the Treaty on the Non-Proliferation of
Nuclear Weapons, any item that contributes to a
ballistic missile or nuclear weapons delivery system;
and
``(C) the number, type, and summary of any demarches
between the United States and China with respect to the
matters described in subparagraphs (A) and (B).
``(2) Additional submissions.--At the same time as the
Secretary of Defense submits to the congressional defense
committees the information described in subparagraphs (A),
[[Page 130 STAT. 2568]]
(B), and (C) of paragraph (1) as part of the reports required by
section 1321(g), the Secretary shall submit to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate such information.
``(3) Coverage.--With respect to the information described
in subparagraphs (A), (B), and (C) of paragraph (1)--
``(A) the first report described in such paragraph
that is submitted after the date of the enactment of
this section shall cover the preceding 12-month period
before the date of such submission; and
``(B) each subsequent report shall cover the
semiannual period preceding the date of such submission.
``(4) Form.--The information described in subparagraphs (A),
(B), and (C) of paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.''.
(b) Conforming Amendments.--Section 1321(g) of such Act (50 U.S.C.
3711(g)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``Annual
requirement'' and inserting ``Reports requirement''; and
(B) by striking ``that fiscal year'' and inserting
``that fiscal year (or, in accordance with section
1335(b), the semiannual period covered by the report)'';
and
(2) in paragraph (3), by striking ``Paragraph (1)'' and
inserting ``Except for Cooperative Threat Reduction funds
subject to section 1335, paragraph (1)''.
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.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
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 providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
[[Page 130 STAT. 2569]]
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2017 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2017 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2017 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, as
specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the Defense Health Program, as specified in the funding table in
section 4501, for use of the Armed Forces and other activities and
agencies of the Department of Defense in providing for the health of
eligible beneficiaries.
Subtitle B--National Defense Stockpile
SEC. 1411. <<NOTE: 50 USC 98d note.>> AUTHORITY TO DISPOSE OF
CERTAIN MATERIALS FROM AND TO ACQUIRE
ADDITIONAL MATERIALS FOR THE NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Authority.--Pursuant to section 5(b) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the National
Defense Stockpile Manager may dispose of the following materials
contained in the National Defense Stockpile in the following quantities:
(1) 27 short tons of beryllium.
(2) 111,149 short tons of chromium, ferroalloy.
(3) 2,973 short tons of chromium metal.
(4) 8,380 troy ounces of platinum.
(5) 275,741 pounds of contained tungsten metal powder.
(6) 12,433,796 pounds of contained tungsten ores and
concentrates.
(b) Acquisition Authority.--
(1) Authority.--Using funds available in the National
Defense Stockpile Transaction Fund, the National Defense
[[Page 130 STAT. 2570]]
Stockpile Manager may acquire the following materials determined
to be strategic and critical materials required to meet the
defense, industrial, and essential civilian needs of the United
States:
(A) High modulus and high strength carbon fibers.
(B) Tantalum.
(C) Germanium.
(D) Tungsten rhenium metal.
(E) Boron carbide powder.
(F) Europium.
(G) Silicon carbide fiber.
(2) Amount of authority.--The National Defense Stockpile
Manager may use up to $55,000,0000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified paragraph (1).
(3) Fiscal year limitation.--The authority under paragraph
(1) is available for purchases during fiscal year 2017 through
fiscal year 2021.
SEC. 1412. NATIONAL DEFENSE STOCKPILE MATTERS.
(a) Materials Constituting the National Defense Stockpile.--Section
4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98c) is amended--
(1) in subsection (b), by striking ``required for'' and
inserting ``suitable for transfer or disposal through''; and
(2) in subsection (c)--
(A) by striking ``(1)'' and all that follows through
``(2)''; and
(B) by striking ``this subsection'' and inserting
``subsection (b)''.
(b) Qualification of Domestic Sources.--Section 15(a) of such Act
(50 U.S.C. 98h-6(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) by qualifying existing domestic facilities and
domestically produced strategic and critical materials to meet
the requirements of defense and essential civilian industries in
times of national emergency when existing domestic sources of
supply are either insufficient or vulnerable to single points of
failure; and
``(4) by contracting with domestic facilities to recycle
strategic and critical materials, thereby increasing domestic
supplies when such materials would otherwise be insufficient to
support defense and essential civilian industries in times of
national emergency.''.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. NATIONAL ACADEMIES OF SCIENCES STUDY ON CONVENTIONAL
MUNITIONS DEMILITARIZATION ALTERNATIVE
TECHNOLOGIES.
(a) In General.--The Secretary of the Army shall enter into an
arrangement with the Board on Army Science and Technology
[[Page 130 STAT. 2571]]
of the National Academies of Sciences, Engineering, and Medicine to
conduct a study of the conventional munitions demilitarization program
of the Department of Defense.
(b) Elements.--The study required pursuant to subsection (a) shall
include the following:
(1) A review of the current conventional munitions
demilitarization stockpile, including types of munitions and
types of materials contaminated with propellants or energetics,
and the disposal technologies used.
(2) An analysis of disposal, treatment, and reuse
technologies, including technologies currently used by the
Department and emerging technologies used or being developed by
private or other governmental agencies, including a comparison
of cost, throughput capacity, personnel safety, and
environmental impacts.
(3) An identification of munitions types for which
alternatives to open burning, open detonation, or non-closed
loop incineration/combustion are not used.
(4) An identification and evaluation of any barriers to
full-scale deployment of alternatives to open burning, open
detonation, or non-closed loop incineration/combustion, and
recommendations to overcome such barriers.
(5) An evaluation whether the maturation and deployment of
governmental or private technologies currently in research and
development would enhance the conventional munitions
demilitarization capabilities of the Department.
(c) Submittal to Congress.--Not later than 18 months after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees the study conducted pursuant to
subsection (a).
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.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1405 and available for the Defense Health
Program for operation and maintenance, $122,400,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2571). For purposes of subsection (a)(2) of such section 1704, any funds
so transferred shall be treated as amounts authorized and appropriated
specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b) of
such section 1704, facility operations for which funds transferred under
subsection (a) may be used are operations of the Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility under an
operational agreement covered by section 706 of the Duncan Hunter
National Defense
[[Page 130 STAT. 2572]]
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500).
SEC. 1432. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2017
from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000
for the operation of the 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.
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS OF
APPROPRIATIONS.
(a) Purpose.--The purpose of this subtitle is to authorize
appropriations for the Department of Defense for fiscal year 2017 to
provide additional funds--
(1) for overseas contingency operations being carried out by
the Armed Forces; and
(2) pursuant to sections 1502, 1503, 1504, 1505, and 1507
for expenses, not otherwise provided for, for procurement,
research, development, test, and evaluation, operation and
maintenance, military personnel, and defense-wide drug
interdiction and counter-drug activities, as specified in the
funding tables in sections 4103, 4203, 4303, 4403, and 4503.
(b) Support of Base Budget Requirements; Treatment.--Funds
identified in subsection (a)(2) are being authorized to be appropriated
in support of base budget requirements as requested
[[Page 130 STAT. 2573]]
by the President for fiscal year 2017 pursuant to section 1105(a) of
title 31, United States Code. The Director of the Office of Management
and Budget shall apportion the funds identified in such subsection to
the Department of Defense without restriction, limitation, or constraint
on the execution of such funds in support of base requirements,
including any restriction, limitation, or constraint imposed by, or
described in, the document entitled ``Criteria for War/Overseas
Contingency Operations Funding Requests'' transmitted by the Director to
the Department of Defense on September 9, 2010, or any successor or
related guidance.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in--
(1) the funding table in section 4102; or
(2) the funding table in section 4103.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
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--
(1) the funding table in section 4202; or
(2) the funding table in section 4203.
SEC. 1504. OPERATION AND MAINTENANCE.
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--
(1) the funding table in section 4302, or
(2) the funding table in section 4303.
SEC. 1505. MILITARY PERSONNEL.
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--
(1) the funding table in section 4402; or
(2) the funding table in section 4403.
SEC. 1506. WORKING CAPITAL FUNDS.
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 providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2017 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in--
(1) the funding table in section 4502; or
(2) the funding table in section 4503.
[[Page 130 STAT. 2574]]
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2017 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, as
specified in the funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2017 for expenses, not otherwise provided for,
for the Defense Health Program, as specified in the funding table in
section 4502.
Subtitle B--Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2017 between any such authorizations for that fiscal year
(or any subdivisions thereof).
(2) Effect of transfer.--Amounts of authorizations
transferred under this subsection shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(3) Limitations.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $3,500,000,000.
(4) Exception.--In the case of the authorizations of
appropriations contained in sections 1502, 1503, 1504, 1505, and
1507 that are provided for the purpose specified in section
1501(a)(2), the transfer authority provided under section 1001,
rather than the transfer authority provided by this subsection,
shall apply to any transfer of amounts of such authorizations.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Limitations, Reports, and Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and Reporting
Requirements.--Funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2017 shall be subject
to the conditions contained in subsections
[[Page 130 STAT. 2575]]
(b) through (g) of section 1513 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428), as amended
by section 1531(b) of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4424).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts in the Afghanistan Security Forces Fund
authorized under this Act and is intended for transfer to the
security forces of Afghanistan, but is not accepted by such
security forces.
(2) Conditions on acceptance of equipment.--Before accepting
any equipment under the authority provided by paragraph (1), the
Commander of United States forces in Afghanistan shall make a
determination that the equipment was procured for the purpose of
meeting requirements of the security forces of Afghanistan, as
agreed to by both the Government of Afghanistan and the United
States, but is no longer required by such security forces or was
damaged before transfer to such security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of United
States forces in Afghanistan shall consider alternatives to
Secretary of Defense acceptance of the equipment. An explanation
of each determination, including the basis for the determination
and the alternatives considered, shall be included in the
relevant quarterly report required under paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon notification
to the congressional defense committees of such treatment.
(5) Quarterly reports on equipment disposition.--Not later
than 90 days after the date of the enactment of this Act and
every 90-day period thereafter during which the authority
provided by paragraph (1) is exercised, the Secretary of Defense
shall submit to the congressional defense committees a report
describing the equipment accepted under this subsection, section
1531(d) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 938; 10 U.S.C. 2302
note), and section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3612) during the period
covered by the report. Each report shall include a list of all
equipment that was accepted during the period covered by the
report and treated as stocks of the Department and copies of the
determinations made under paragraph (2), as required by
paragraph (3).
(c) Plan To Promote Security of Afghan Women.--
(1) Reporting requirement.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall include in each
report required under section 1225 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3550)--
[[Page 130 STAT. 2576]]
(A) a current assessment of the security of Afghan
women and girls, including information regarding efforts
to increase the recruitment and retention of women in
the Afghan National Security Forces; and
(B) a current assessment of the implementation of
the plans for the recruitment, integration, retention,
training, treatment, and provision of appropriate
facilities and transportation for women in the Afghan
National Security Forces, including the challenges
associated with such implementation and the steps being
taken to address those challenges.
(2) <<NOTE: 22 USC 7513 note.>> Plan required.--
(A) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, shall support, to
the extent practicable, the efforts of the Government of
Afghanistan to promote the security of Afghan women and
girls during and after the security transition process
through the development and implementation by the
Government of Afghanistan of an Afghan-led plan that
should include the elements described in this paragraph.
(B) Training.--The Secretary of Defense, with the
concurrence of the Secretary of State and working with
the NATO-led Resolute Support mission, should encourage
the Government of Afghanistan to develop--
(i) measures for the evaluation of the
effectiveness of existing training for Afghan
National Security Forces on this issue;
(ii) a plan to increase the number of female
security officers specifically trained to address
cases of gender-based violence, including ensuring
the Afghan National Police's Family Response Units
have the necessary resources and are available to
women across Afghanistan;
(iii) mechanisms to enhance the capacity for
units of National Police's Family Response Units
to fulfill their mandate as well as indicators
measuring the operational effectiveness of these
units;
(iv) a plan to address the development of
accountability mechanisms for Afghanistan National
Army and Afghanistan National Police personnel who
violate codes of conduct relating to the human
rights of women and girls, including female
members of the Afghan National Security Forces;
(v) a plan to address the development of
accountability mechanisms for Afghanistan National
Army and Afghanistan National Police personnel who
violate codes of conduct relating to protecting
children from sexual abuse; and
(vi) a plan to develop training for the
Afghanistan National Army and the Afghanistan
National Police to increase awareness and
responsiveness among Afghanistan National Army and
Afghanistan National Police personnel regarding
the unique security challenges women confront when
serving in those forces.
(C) Enrollment and treatment.--The Secretary of
Defense, with the concurrence of the Secretary of State
and in cooperation with the Afghan Ministries of Defense
[[Page 130 STAT. 2577]]
and Interior, shall seek to assist the Government of
Afghanistan in including as part of the plan developed
under subparagraph (A) the development and
implementation of a plan to increase the number of
female members of the Afghanistan National Army and the
Afghanistan National Police and to promote their equal
treatment, including through such steps as providing
appropriate equipment, modifying facilities, and
ensuring literacy and gender awareness training for
recruits.
(D) Allocation of funds.--
(i) In general.--Of the funds available to the
Department of Defense for the Afghan Security
Forces Fund for fiscal year 2017, it is the goal
that $25,000,000, but in no event less than
$10,000,000, shall be used for--
(I) the recruitment, integration,
retention, training, and treatment of
women in the Afghan National Security
Forces; and
(II) the recruitment, training, and
contracting of female security personnel
for future elections.
(ii) Types of programs and activities.--Such
programs and activities may include--
(I) efforts to recruit women into
the Afghan National Security Forces,
including the special operations forces;
(II) programs and activities of the
Afghan Ministry of Defense Directorate
of Human Rights and Gender Integration
and the Afghan Ministry of Interior
Office of Human Rights, Gender and Child
Rights;
(III) development and dissemination
of gender and human rights educational
and training materials and programs
within the Afghan Ministry of Defense
and the Afghan Ministry of Interior;
(IV) efforts to address harassment
and violence against women within the
Afghan National Security Forces;
(V) improvements to infrastructure
that address the requirements of women
serving in the Afghan National Security
Forces, including appropriate equipment
for female security and police forces,
and transportation for policewomen to
their station;
(VI) support for Afghanistan
National Police Family Response Units;
and
(VII) security provisions for high-
profile female police and army officers.
(d) Reporting Requirement.--
(1) Semi-annual reports.--Not later than January 31 and July
31 of each year through January 31, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
report summarizing the details of any obligation or transfer of
funds from the Afghanistan Security Forces Fund during the
preceding six-calendar month period.
(2) Conforming repeals.--(A) Section 1513 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 428), as amended by section 1531(b) of
[[Page 130 STAT. 2578]]
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 124 Stat. 4424), is further
amended by striking subsection (g).
(B) Section 1517 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2442) is amended by striking subsection (f).
SEC. 1522. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsection 1532(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1091) is amended by striking ``fiscal year 2016'' and inserting
``fiscal years 2016 and 2017''.
(b) Extension of Interdiction of Improvised Explosive Device
Precursor Chemicals Authority.--Subsection (c) of section 1532 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 2057) is amended--
(1) in paragraph (1)--
(A) by striking ``for fiscal year 2013 and for
fiscal year 2016,'' and inserting ``for fiscal years
2013, 2016, and 2017'';
(B) by inserting ``with the concurrence of the
Secretary of State'' after ``may be available to the
Secretary of Defense'';
(C) by striking ``of the Government of Pakistan''
and inserting ``of foreign governments''; and
(D) by striking ``from Pakistan to locations in
Afghanistan'';
(2) in paragraph (2), by striking ``of the Government of
Pakistan'' and inserting ``of foreign governments''; and
(3) in paragraph (4), as most recently amended by section
1532(b)(2) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1091), by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(c) Notice to Congress.--Paragraph (3) of such subsection is amended
to read as follows:
``(3) Notice to congress.--None of the funds made available
pursuant to paragraph (1) may be obligated or expended to supply
training, equipment, supplies, or services to a foreign country
before the date that is 15 days after the date on which the
Secretary of Defense, in coordination with the Secretary of
State, submits to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the Committee
on Armed Services and the Committee on Foreign Affairs of the
House of Representatives a notice that contains--
``(A) the foreign country for which training,
equipment, supplies, or services are proposed to be
supplied;
``(B) a description of the training, equipment,
supplies, and services to be provided using such funds;
``(C) a detailed description of the amount of funds
proposed to be obligated or expended to supply such
training, equipment, supplies or services, including any
funds proposed to be obligated or expended to support
the participation of another department or agency of the
United States and a description of the training,
equipment, supplies, or services proposed to be
supplied;
[[Page 130 STAT. 2579]]
``(D) an evaluation of the effectiveness of the
efforts of the foreign country identified under
subparagraph (A) to counter the flow of improvised
explosive device precursor chemicals; and
``(E) an overall plan for countering the flow of
precursor chemicals in the foreign country identified
under subparagraph (A).''.
SEC. 1523. EXTENSION OF AUTHORITY TO USE JOINT IMPROVISED
EXPLOSIVE DEVICE DEFEAT FUND FOR
TRAINING OF FOREIGN SECURITY FORCES TO
DEFEAT IMPROVISED EXPLOSIVE DEVICES.
Section 1533(e) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1093) is amended by striking
``September 30, 2018'' and inserting ``September 30, 2020''.
SEC. 1524. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the Department of Defense for overseas contingency operations in
such amounts as may be designated as provided in section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
SEC. 1525. EXTENSION AND MODIFICATION OF AUTHORITIES ON
COUNTERTERRORISM PARTNERSHIPS FUND.
(a) Extension.--Section 1534 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3616) is amended--
(1) in subsection (a), by striking ``Amounts authorized to
be appropriated for fiscal year 2015 by this title'' and
inserting ``Subject to subsection (b), amounts authorized to be
appropriated through fiscal year 2017''; and
(2) in subsection (h), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
(b) Limitation on Use of Funds Authorized for Fiscal Year 2016.--
Such section is further amended--
(1) by redesignating subsections (b) through (h) as
subsections (c) through (i), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Limitation on Use of Funds Authorized for Fiscal Year 2016.--
Amounts authorized to be appropriated for fiscal year 2016 for the
Counterterrorism Partnerships Fund may only be used for the purposes
specified in subsection (a)(2). In the use of such amounts, any
reference in this section to `subsection (a)' shall be deemed to be a
reference to `subsection (a)(2)'.''.
(c) Administration of Fund.--Subsection (e) of such section, as
redesignated by subsection (b)(1) of this section, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively.
(d) Reports.--Subsection (h) of such section, as redesignated by
subsection (b)(1) of this section, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``and 2017'' and inserting ``2017,
and 2018''; and
[[Page 130 STAT. 2580]]
(B) by striking ``and 2016'' and inserting ``2016,
and 2017'';
(2) in paragraph (4), by striking ``subsection (d)(5)'' and
inserting ``subsection (e)(4)''; and
(3) in paragraph (5), by striking ``subsection (f)'' and
inserting ``subsection (g)''.
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.
[[Page 130 STAT. 2581]]
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.
[[Page 130 STAT. 2582]]
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.
Section 8048 of the Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113; 129 Stat. 2363) is repealed.
SEC. 1602. EXCEPTION TO THE PROHIBITION ON CONTRACTING WITH
RUSSIAN SUPPLIERS OF ROCKET ENGINES FOR
THE EVOLVED EXPENDABLE LAUNCH VEHICLE
PROGRAM.
Section 1608 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended by section 1607 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1100), is further amended by striking subsection (c)
and inserting the following new subsection:
``(c) Exception.--The prohibition in subsection (a) shall not apply
to any of the following:
``(1) The placement of orders or the exercise of options
under the contract numbered FA8811-13-C-0003 and awarded on
December 18, 2013.
``(2) Contracts that are awarded during the period beginning
on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017 and ending December 31,
2022, for the procurement of property or services for space
launch activities that include the use of a total of 18 rocket
engines designed or manufactured in the Russian Federation, in
addition to the Russian-designed or Russian-manufactured engines
to which paragraph (1) applies.''.
SEC. 1603. ROCKET PROPULSION SYSTEM TO REPLACE RD-180.
Section 1604 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended by section 1606 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1099), is further amended by striking subsection (d)
and inserting the following new subsections:
``(d) Use of Funds Under Development Program.--
``(1) Development of rocket propulsion system.--The funds
described in paragraph (2)--
``(A) may be obligated or expended for--
``(i) the development of the rocket propulsion
system to replace non-allied space launch engines
pursuant to subsection (a); and
``(ii) the necessary interfaces to, or
integration of, the rocket propulsion system with
an existing or new launch vehicle; and
``(B) except as provided by paragraph (3), may not
be obligated or expended to develop or procure a launch
vehicle, an upper stage, a strap-on motor, or related
infrastructure.
``(2) Funds described.--The funds described in this
paragraph are the following:
[[Page 130 STAT. 2583]]
``(A) Funds authorized to be appropriated by the
National Defense Authorization Act for Fiscal Year 2017
or otherwise made available for fiscal year 2017 for the
Department of Defense for the development of the rocket
propulsion system under subsection (a).
``(B) Funds authorized to be appropriated by this
Act or the National Defense Authorization Act for Fiscal
Year 2016 or otherwise made available for fiscal years
2015 or 2016 for the Department of Defense for the
development of the rocket propulsion system under
subsection (a) that are unobligated as of the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 2017.
``(3) Other purposes.--The Secretary may obligate or expend
not more than a total of the amount calculated under paragraph
(4) of the funds that are authorized to be appropriated by the
National Defense Authorization Act for Fiscal Year 2017 or
otherwise made available for fiscal year 2017 for the rocket
propulsion system and launch system investment for activities
not authorized by paragraph (1)(A), including for developing a
launch vehicle, an upper stage, a strap-on motor, or related
infrastructure. The Secretary may exceed such limit calculated
under paragraph (4) in fiscal year 2017 for such purposes if--
``(A) the Secretary certifies to the appropriate
congressional committees that, as of the date of the
certification--
``(i) the development of the rocket propulsion
system is being carried out pursuant to paragraph
(1)(A) in a manner that ensures that the rocket
propulsion system will meet each requirement under
subsection (a)(2); and
``(ii) such obligation or expenditure will not
negatively affect the development of the rocket
propulsion system, including with respect to
meeting such requirements; and
``(B) the reprogramming or transfer is carried out
in accordance with established procedures for
reprogramming or transfers, including with respect to
presenting a request for a reprogramming of funds.
``(4) Calculation of amounts for other purposes.--In
carrying out paragraph (3), the Secretary shall calculate the
amount of the funds specified in such paragraph as follows:
``(A) If the total amount of funds that are
authorized to be appropriated by the National Defense
Authorization Act for Fiscal Year 2017 or otherwise made
available for fiscal year 2017 for the rocket propulsion
system and launch system investment is equal to or less
than $320,000,000, such amount shall equal 31 percent.
``(B) If the total amount of funds that are
authorized to be appropriated by the National Defense
Authorization Act for Fiscal Year 2017 or otherwise made
available for fiscal year 2017 for the rocket propulsion
system and launch system investment is greater than
$320,000,000, such amount shall equal the difference
of--
``(i) the amount of funds so authorized to be
appropriated, minus
``(ii) $220,000,000.
``(e) Definitions.--In this section:
[[Page 130 STAT. 2584]]
``(1) The term `appropriate congressional committees'
means--
``(A) the congressional defense committees; and
``(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
``(2) The term `rocket propulsion system' means, with
respect to the development authorized by subsection (a), a main
booster, first-stage rocket engine or motor. The term does not
include a launch vehicle, an upper stage, a strap-on motor, or
related infrastructure.''.
SEC. 1604. PLAN FOR USE OF ALLIED LAUNCH VEHICLES.
(a) Plan.--The Secretary of Defense, in coordination with the
Director of National Intelligence, shall develop a plan to use allied
launch vehicles to meet the requirements for achieving the policy
relating to assured access to space set forth in section 2273 of title
10, United States Code, in the event that such requirements cannot be
met, for a limited period, using only launch vehicles of the United
States.
(b) Assessments.--In developing the plan required by subsection (a),
the Secretary shall conduct assessments of the following:
(1) What satellites of the United States would be
appropriate to be launched on an allied launch vehicle.
(2) The relevant laws, regulations, and policies governing
the launch of national security satellites and whether any
legislative, regulatory, or policy actions (including with
respect to waivers) would be necessary to allow for the launch
of a national security satellite on an allied launch vehicle.
(3) The certification requirements for using allied launch
vehicles pursuant to the plan and the estimated cost, schedule,
and actions that would be necessary to certify allied launch
vehicles.
(4) Any other matters the Secretary determines appropriate.
(c) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the plan required by
subsection (a) and the assessments required by subsection (b).
(d) Definitions.--In this section:
(1) The term ``allied launch vehicle'' means a launch
vehicle of the government of a country that is an ally of the
United States. The term does not include a launch vehicle of the
Government of the Russian Federation, the Government of the
People's Republic of China, the Government of the Islamic
Republic of Iran, or the Government of the Democratic People's
Republic of Korea.
(2) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(3) The term ``national security satellite'' means a
satellite launched for national security purposes, including
such a satellite launched by the Air Force, the Navy, or the
National
[[Page 130 STAT. 2585]]
Reconnaissance Office, or any other element of the Department of
Defense.
SEC. 1605. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND COMMUNICATIONS.
Section 1611 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1103) is amended by striking
subsection (b) and inserting the following new subsections:
``(b) Scope.--
``(1) Study guidance.--In conducting the analysis of
alternatives under subsection (a), the Secretary shall develop
study guidance that requires such analysis to include the full
range of military and commercial satellite communications
capabilities, acquisition processes, and service delivery
models.
``(2) Other considerations.--The Secretary shall ensure
that--
``(A) any cost assessments of military or commercial
satellite communications systems included in the
analysis of alternatives conducted under subsection (a)
include detailed full life-cycle costs, as applicable,
including with respect to--
``(i) military personnel, military
construction, military infrastructure operation,
maintenance costs, and ground and user terminal
impacts; and
``(ii) any other costs regarding military or
commercial satellite communications systems the
Secretary determines appropriate; and
``(B) such analysis identifies any considerations
relating to the use of military versus commercial
systems.
``(c) Comptroller General Report.--
``(1) Submission.--Upon completion of the analysis of
alternatives conducted under subsection (a), the Secretary shall
submit such analysis to the Comptroller General of the United
States.
``(2) Report.--Not later than 120 days after the date on
which the Comptroller General receives the analysis of
alternatives under paragraph (1), the Comptroller General shall
submit to the congressional defense committees a report
containing--
``(A) a review of the analysis; and
``(B) an assessment of the types of analyses the
Secretary has conducted to understand the costs and
benefits of the use of KA-band commercial satellite
communications by the Department of Defense.
``(3) Matters included.--The report under paragraph (2)
shall include the following:
``(A) With respect to the review of the analysis of
alternatives conducted under subsection (a)--
``(i) whether, and to what extent, the
Secretary--
``(I) conducted such analysis using
best practices;
``(II) fully addressed the concerns
of the acquisition, operational, and
user communities; and
``(III) complied with subsection
(b); and
[[Page 130 STAT. 2586]]
``(ii) a description of how the Secretary
identified the requirements and assessed and
addressed the cost, schedule, and risks posed for
each alternative included in such analysis.
``(B) With respect to the assessment under paragraph
(2)(B)--
``(i) whether the Secretary has evaluated the
use of KA-band commercial satellite
communications, based on total cost, capabilities,
and interoperability with existing or planned
terminals; and
``(ii) such other matters as the Comptroller
General considers appropriate.
``(d) Briefings.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2017, and semiannually thereafter until the date on which the analysis
of alternatives conducted under subsection (a) is completed, the
Secretary shall provide the Committees on Armed Services of the House of
Representatives and the Senate (and any other congressional defense
committee upon request) a briefing on such analysis.''.
SEC. 1606. MODIFICATION OF PILOT PROGRAM FOR ACQUISITION OF
COMMERCIAL SATELLITE COMMUNICATION
SERVICES.
(a) Implementation of Goals.--Section 1605 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 10 U.S.C. 2208 note), as amended by
section 1612 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1103), is further amended by adding
at the end the following new subsection:
``(e) Implementation of Goals.--In developing and carrying out the
pilot program under subsection (a)(1), by not later than September 30,
2017, the Secretary shall take actions to begin the implementation of
each goal specified in subsection (b).''.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the
headquarters operations of the Air Force Space Command, not more than 95
percent may be obligated or expended until the date on which the
Secretary of Defense submits to the congressional defense committees a
plan to demonstrate that the pilot program under section 1605 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 2208 note) will
achieve order-of-magnitude improvements in satellite communications
capability, as required by subsection (b)(5) of such section.
SEC. 1607. <<NOTE: 10 USC 2271 note.>> SPACE-BASED ENVIRONMENTAL
MONITORING.
(a) Roles of DOD and NOAA.--
(1) Mechanisms.--The Secretary of Defense and the
Administrator of the National Oceanic and Atmospheric
Administration shall jointly establish mechanisms to collaborate
and coordinate in defining the roles and responsibilities of the
Department of Defense and the National Oceanic and Atmospheric
Administration to--
(A) carry out space-based environmental monitoring;
and
(B) plan for future non-governmental space-based
environmental monitoring capabilities, as appropriate.
[[Page 130 STAT. 2587]]
(2) Rule of construction.--Nothing in paragraph (1) may be
construed to authorize a joint satellite program of the
Department of Defense and the National Oceanic and Atmospheric
Administration.
(b) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary and the Administrator shall jointly submit to
the appropriate congressional committees a report on the mechanisms
established under subsection (a)(1).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Science, Space, and Technology of the
House of Representatives; and
(3) the Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 1608. PROHIBITION ON USE OF CERTAIN NON-ALLIED POSITIONING,
NAVIGATION, AND TIMING SYSTEMS.
(a) Prohibition.--During the period beginning not later than 60 days
after the date of the enactment of this Act and ending on September 30,
2018, the Secretary of Defense shall ensure that the Armed Forces and
each element of the Department of Defense do not use a non-allied
positioning, navigation, and timing system or service provided by such a
system.
(b) Waiver.--The Secretary may waive the prohibition in subsection
(a) if--
(1) the Secretary determines that the waiver is--
(A) in the national security interest of the United
States; and
(B) necessary to mitigate exigent operational
concerns;
(2) the Secretary notifies, in writing, the appropriate
congressional committees of such waiver; and
(3) a period of 30 days has elapsed following the date of
such notification.
(c) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, the Chairman of the
Joint Chiefs of Staff, and the Director of National Intelligence shall
jointly submit to the appropriate congressional committees an assessment
of the risks to national security and to the operations and plans of the
Department of Defense from using a non-allied positioning, navigation,
and timing system or service provided by such a system. Such assessment
shall--
(1) address risks regarding--
(A) espionage, counterintelligence, and targeting;
(B) the use of the Global Positioning System by
allies and partners of the United States and others; and
(C) harmful interference to the Global Positioning
System; and
(2) include any other matters the Secretary, the Chairman,
and the Director determine appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
[[Page 130 STAT. 2588]]
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(2) The term ``non-allied positioning, navigation, and
timing system'' means any of the following systems:
(A) The Beidou system.
(B) The Glonass global navigation satellite system.
SEC. 1609. LIMITATION OF AVAILABILITY OF FUNDS FOR THE JOINT SPACE
OPERATIONS CENTER MISSION SYSTEM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for increment 3 of the
Joint Space Operations Center Mission System may be obligated or
expended until the date on which the Secretary of the Air Force, in
coordination with the Commander of the United States Strategic Command,
submits to the congressional defense committees a report on such
increment, including--
(1) an acquisition strategy and strategic plan for such
increment that includes--
(A) the space battlement management, communication,
and control capabilities, as of the date of the
enactment of this Act;
(B) the plan to develop and perform space battlement
management, communication, and control capabilities in
the future; and
(C) the critical elements described in subparagraphs
(A) and (B) that will require common software and
hardware in other similar space battle management
software and systems to promote a common operating
environment and reduce acquisition costs and long-term
maintenance requirements;
(2) the warfighter requirements of such increment;
(3) the funding and schedule for such increment;
(4) the strategy for use of commercially available
capabilities, as appropriate, relating to such increment to
rapidly address warfighter requirements, including the market
research and evaluation of such commercial capabilities; and
(5) the relationship of such increment with the other
related activities and investments of the Department of Defense.
SEC. 1610. LIMITATIONS ON AVAILABILITY OF FUNDS FOR THE GLOBAL
POSITIONING SYSTEM NEXT GENERATION
OPERATIONAL CONTROL SYSTEM.
(a) Limitation Until Certification.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 for the Global Positioning System Next Generation Operational
Control System (in this section referred to as ``OCX''), not more than
five percent may be obligated or expended for the current product
development contract for the OCX, or for any other purpose in connection
with the OCX, until the date on which the Secretary of Defense submits
to Congress the certification on the OCX required pursuant to section
2433a(b) of title 10, United States Code, as a result of the
determination not to terminate the procurement of the OCX.
(b) Additional Limitation Until Initial Briefing.--In addition to
the limitation in subsection (a), of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 for the OCX, not more than 50 percent may be
[[Page 130 STAT. 2589]]
obligated or expended for the current product development contract for
the OCX, or for any other purpose in connection with the OCX, unless--
(1) the Secretary has submitted to Congress the
certification described in subsection (a); and
(2) not earlier than January 15, 2017, the Secretary
provides to the congressional defense committees a briefing on
the OCX with respect to--
(A) the status of the OCX program, including
information on the risks, costs, and schedule, and
technical information;
(B) contingency plans and investments, and the
status of such plans and investments;
(C) an assessment of the OCX by the Director of
Operational Test and Evaluation; and
(D) the total program cost that is validated by the
Director of Cost Assessment and Program and a five-year
budget that is based on an updated and rebaselined
program cost.
(c) Additional Limitation Until Second Briefing.--In addition to the
limitations in subsection (a) and (b), of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 for the OCX, not more than 75 percent may be obligated or expended
for the current product development contract for the OCX, or for any
other purpose in connection with the OCX, unless--
(1) the Secretary has submitted to Congress the
certification described in subsection (a);
(2) the Secretary has provided to the congressional defense
committees the briefing under subsection (b)(2); and
(3) not earlier than March 15, 2017, the Secretary provides
to the congressional defense committees an update to such
briefing.
(d) Adjustment of Briefing Dates.--The Secretary may provide the
briefing under subsection (b)(2) or subsection (c)(3), respectively,
before the date specified by such subsection if the Secretary determines
that providing such briefing before such date is necessary for the
national security interests of the United States.
SEC. 1611. AVAILABILITY OF FUNDS FOR CERTAIN SECURE VOICE
CONFERENCING CAPABILITIES.
Of the funds authorized to be appropriated or otherwise made
available by the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291) or
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) or otherwise made available for fiscal years 2015 or 2016 for
research, development, test, and evaluation, Air Force, and available
for obligation as of the date of the enactment of this Act, not more
than $10,200,000 may be used to support the accomplishment by the Air
Force of integration and associated critical testing and systems
engineering activities for the Presidential and National Voice
Conferencing program and the Advanced Extremely High Frequency Extended
Data Rate, worldwide, secure, survivable voice conferencing capability
for the President and national leaders, as described in the
reprogramming action prior approval request submitted by the Under
Secretary of Defense (Comptroller) to Congress on March 3, 2016.
[[Page 130 STAT. 2590]]
SEC. 1612. <<NOTE: 10 USC 2271 note.>> SPACE-BASED INFRARED
SYSTEM AND ADVANCED EXTREMELY HIGH
FREQUENCY PROGRAM.
(a) Limitation on Development and Acquisition of Alternatives.--
(1) Limitation.--Except as provided by paragraph (4), the
Secretary of Defense may not develop or acquire an alternative
to the space-based infrared system program of record or develop
or acquire an alternative to the advanced extremely high
frequency program of record until the date on which the
Commander of the United States Strategic Command and the
Director of the Space Security and Defense Program, in
consultation with the Defense Intelligence Officer for Science
and Technology of the Defense Intelligence Agency, jointly
submit to the appropriate congressional committees the
assessments described in paragraph (2) for the respective
program.
(2) Assessment.--The assessments described in this paragraph
are--
(A) an assessment of the resilience and mission
assurance of each alternative to the space-based
infrared system being considered by the Secretary of the
Air Force; and
(B) an assessment of the resilience and mission
assurance of each alternative to the advanced extremely
high frequency program being considered by the Secretary
of the Air Force.
(3) Elements.--An assessment described in paragraph (2)
shall include, with respect to each alternative to the space-
based infrared system program of record and each alternative to
the advanced extremely high frequency program of record being
considered by the Secretary of the Air Force, the following:
(A) The requirements for resilience and mission
assurance.
(B) The criteria to measure such resilience and
mission assurance.
(C) How the alternative affects--
(i) deterrence and full spectrum warfighting;
(ii) warfighter requirements and relative
costs to include ground station and user
terminals;
(iii) the potential order of battle of
adversaries; and
(iv) the required capabilities of the broader
space security and defense enterprise.
(4) Exception.--The limitation in paragraph (1) shall not
apply to efforts to examine and develop technology insertion
opportunities for the space-based infrared system program of
record or the satellite communications programs of record.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) With respect to the submission of the assessment
described in subparagraph (A) of subsection (a)(2), the--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) With respect to the submission of the assessment
described in subparagraph (B) of subsection (a)(2), the
congressional defense committees.
[[Page 130 STAT. 2591]]
SEC. 1613. PILOT PROGRAM ON COMMERCIAL WEATHER DATA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a pilot
program to assess the viability of commercial satellite weather data to
support requirements of the Department of Defense.
(b) Duration.--The Secretary may carry out the pilot program under
subsection (a) for a period not exceeding one year.
(c) Briefings.--
(1) Interim briefing.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of the
House of Representatives and the Senate (and to any other
congressional defense committee upon request) demonstrating how
the Secretary plans to implement the pilot program under
subsection (a).
(2) Final briefing.--Not later than 90 days after the pilot
program under subsection (a) is completed, the Secretary shall
provide a briefing to the Committees on Armed Services of the
House of Representatives and the Senate (and to any other
congressional defense committee upon request) on the utility,
cost, and other considerations regarding the purchase of
commercial satellite weather data to support the requirements of
the Department of Defense.
SEC. 1614. PLANS ON TRANSFER OF ACQUISITION AND FUNDING AUTHORITY
OF CERTAIN WEATHER MISSIONS TO NATIONAL
RECONNAISSANCE OFFICE.
(a) Limitation.--Except as provided by subsection (c), of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2017 for research, development, test, and evaluation,
Air Force, for the weather satellite follow-on system, not more than 50
percent may be obligated or expended until the date on which the
Secretary of the Air Force submits to the appropriate congressional
committees the plan under subsection (b)(1).
(b) Plans for Transfer of Authority.--
(1) Air force plan.--Except as provided by subsection (c),
the Secretary of the Air Force shall develop a plan for the Air
Force to transfer, beginning with fiscal year 2018, the
acquisition authority and the funding authority for covered
space-based environmental monitoring missions from the Air Force
to the National Reconnaissance Office, including a description
of the amount of funds that would be necessary to be transferred
from the Air Force to the National Reconnaissance Office during
fiscal years 2018 through 2022 to carry out such plan.
(2) NRO plan.--
(A) Except as provided by subsection (c), the
Director of the National Reconnaissance Office shall
develop a plan for the National Reconnaissance Office to
address how to carry out covered space-based
environmental monitoring missions. Such plan shall
include--
(I) a description of the related national
security requirements for such missions;
(ii) a description of the appropriate manner
to meet such requirements; and
[[Page 130 STAT. 2592]]
(iii) the amount of funds that would be
necessary to be transferred from the Air Force to
the National Reconnaissance Office during fiscal
years 2018 through 2022 to carry out such plan.
(B) In developing the plan under subparagraph (A),
the Director may conduct pre-acquisition activities,
including with respect to requests for information,
analyses of alternatives, study contracts, modeling and
simulation, and other activities the Director determines
necessary to develop such plan.
(C) Except as provided by subsection (c), the
Director shall submit to the appropriate congressional
committees such plan by not later than July 1, 2017.
(3) Independent cost estimate.--The Director of the Cost
Assessment Improvement Group of the Office of the Director of
National Intelligence, in coordination with the Director of Cost
Assessment and Program Evaluation, shall certify to the
appropriate congressional committees that the amounts of funds
identified under paragraphs (1) and (2)(A)(iii) as being
necessary to transfer are appropriate and include funding for
positions and personnel to support program office costs.
(c) Waiver Based on Report and Certification of Air Force
Acquisition Program.--The Secretary of the Air Force may waive the
limitation in subsection (a) and the requirement to develop a plan under
subsection (b)(1), and the Director of the National Reconnaissance
Office may waive the requirement to develop a plan under subsection
(b)(2), if the Under Secretary of Defense for Acquisition, Technology,
and Logistics and the Chairman of the Joint Chiefs of Staff jointly
submit to the appropriate congressional committees a report by not later
than July 1, 2017, that contains--
(1) a certification that the Secretary of the Air Force is
carrying out a formal acquisition program that has received
Milestone A approval to address the cloud characterization and
theater weather imagery requirements of the Department of
Defense; and
(2) an identification of the cost, schedule, requirements,
and acquisition strategy of such acquisition program.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives the Select Committee on
Intelligence of the Senate.
(2) The term ``covered space-based environmental monitoring
missions'' means the acquisition programs necessary to meet the
national security requirements for cloud characterization and
theater weather imagery.
(3) The term ``Milestone A approval'' has the meaning given
that term in section 2366a(d) of title 10, United States Code.
SEC. 1615. FIVE-YEAR PLAN FOR JOINT INTERAGENCY COMBINED SPACE
OPERATIONS CENTER.
(a) Plan.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the Director of
National Intelligence, shall submit to the appropriate
[[Page 130 STAT. 2593]]
congressional committees a plan for the Joint Interagency Combined Space
Operations Center for the five-year period beginning on such date of
enactment that includes--
(1) a description of the roles, responsibilities, and
objective of the Center;
(2) an estimate of funding during the period covered by the
current future-years defense program under section 221 of title
10, United States Code, needed for the Center that includes a
description of contributions from other Federal agencies;
(3) an estimate of the personnel needed for the Center,
listed by military personnel, civilian personnel, and contractor
personnel, and the organization or commercial entity such
personnel are representing;
(4) a description of planned activities of the Center;
(5) a description of planned use of commercial capabilities
by the Center, as appropriate;
(6) a description of how the Center will complement and
support the mission of the Joint Space Operations Center; and
(7) a description of the command and control of the related
operations of the Joint Interagency Combined Space Operations
Center.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1616. ORGANIZATION AND MANAGEMENT OF NATIONAL SECURITY SPACE
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) National security space capabilities are a vital element
of the national defense of the United States.
(2) The advantages of the United States in national security
space are now threatened to an unprecedented degree by growing
and serious counterspace capabilities of potential foreign
adversaries, and the space advantages of the United States must
be protected.
(3) The Department of Defense has recognized the threat and
has taken initial steps necessary to defend space, however the
organization and management may not be strategically postured to
fully address this changed domain of operations over the long
term.
(4) The defense of space is currently a priority for the
leaders of the Department, however the space mission is managed
within competing priorities of each of the Armed Forces.
(5) Space elements provide critical capabilities to all of
the Armed Forces in the joint fight, however the disparate
activities throughout the Department have no single leader that
is empowered to make decisions affecting the space forces of the
Department.
(b) Sense of Congress.--It is the sense of Congress that, to
modernize and fully address the growing threat to the national security
space advantage of the United States, the Secretary of
[[Page 130 STAT. 2594]]
Defense must evaluate the range of options and take further action to
strengthen the leadership, management, and organization of the national
security space activities of the Department of Defense, including with
respect to--
(1) unifying, integrating, and de-conflicting activities to
provide for stronger prioritization, accountability, coherency,
focus, strategy, and integration of the joint space program of
the Department;
(2) streamlining decision-making, limiting unnecessary
bureaucracy, and empowering the appropriate level of authority,
while enabling effective oversight;
(3) maintaining the involvement of each of the Armed Forces
and adapting the culture and improving the capabilities of the
workforce to ensure the workforce has the appropriate training,
experience, and tools to accomplish the mission; and
(4) reviewing authorities and preparing for a conflict that
could extend to space.
(c) Recommendations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Director of the
Office of Management and Budget shall each separately submit to the
appropriate congressional committees recommendations to--
(1) in accordance with subsection (b), strengthen the
leadership, management, and organization of the Department of
Defense with respect to the national security space activities
of the Department; and
(2) address the findings covered in the report of the
Comptroller General of the United States numbered GAO-16-592R
regarding space acquisition and oversight of the Department of
Defense.
(d) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1617. REVIEW OF CHARTER OF OPERATIONALLY RESPONSIVE SPACE
PROGRAM OFFICE.
(a) Review.--The Secretary of Defense shall conduct a review of
charter of the Operationally Responsive Space Program Office established
by section 2273a of title 10, United States Code (in this section
referred to as the ``Office'').
(b) Elements.--The review under subsection (a) shall include the
following:
(1) A review of the key operationally responsive space needs
with respect to the warfighter and with respect to national
security.
(2) How the Office could fit into the broader resilience and
space security strategy of the Department of Defense.
(3) An assessment of the potential of the Office to focus on
the reconstitution capabilities with small satellites using low-
cost launch vehicles and existing infrastructure.
(4) An assessment of the potential of the Office to leverage
existing or planned commercial capabilities.
[[Page 130 STAT. 2595]]
(5) A review of the necessary workforce specialties and
acquisition authorities of the Office.
(6) A review of the funding profile of the Office.
(7) A review of the organizational placement and reporting
structure of the Office.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report containing the review under subsection (a),
including any recommendations for legislative actions based on such
review.
SEC. 1618. BACKUP AND COMPLEMENTARY POSITIONING, NAVIGATION, AND
TIMING CAPABILITIES OF GLOBAL
POSITIONING SYSTEM.
(a) Study.--
(1) In general.--The covered Secretaries shall jointly
conduct a study to assess and identify the technology-neutral
requirements to backup and complement the positioning,
navigation, and timing capabilities of the Global Positioning
System for national security and critical infrastructure.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the covered Secretaries shall submit to
the appropriate congressional committees a report on the study
under paragraph (1). Such report shall include--
(A) with respect to the Department of each covered
Secretary, the identification of the respective
requirements to backup and complement the positioning,
navigation, and timing capabilities of the Global
Positioning System for national security and critical
infrastructure;
(B) an analysis of alternatives to meet such
requirements, including, at a minimum--
(i) an analysis of appropriate technology
options;
(ii) an analysis of the viability of a public-
private partnership to establish a complementary
positioning, navigation, and timing system; and
(iii) an analysis of the viability of service
level agreements to operate a complementary
positioning, navigation, and timing system; and
(C) a plan to meet such requirements that includes--
(i) for each such Department, the estimated
costs, schedule, and system level technical
considerations, including end user equipment and
integration considerations; and
(ii) identification of the appropriate
resourcing for each such Department in accordance
with the respective requirements of the
Department, including domestic or international
requirements.
(b) Single Designated Official.--Each covered Secretary shall
designate a single senior official of the Department of the Secretary to
act as the primary representative of such Department for purposes of
conducting the study under subsection (a)(1).
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and Technology,
the Committee on Transportation and Infrastructure, and
[[Page 130 STAT. 2596]]
the Committee on Homeland Security of the House of
Representatives; and
(C) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate.
(2) The term ``covered Secretaries'' means the Secretary of
Defense, the Secretary of Transportation, and the Secretary of
Homeland Security.
SEC. 1619. REPORT ON USE OF SPACECRAFT ASSETS OF THE SPACE-BASED
INFRARED SYSTEM WIDE-FIELD-OF-VIEW
PROGRAM.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the Director
of National Intelligence, shall submit to the appropriate congressional
committees a report on the advisability and feasibility of using
available spacecraft assets of the space-based infrared system wide-
field-of-view program to satisfy other mission requirements of the
Department of Defense or the intelligence community.
(b) Matters Covered.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) An evaluation of using the space-based infrared system
wide-field-of-view spacecraft bus for other urgent national
security space priorities.
(2) An evaluation of the cost and schedule impact, if any,
to the space-based infrared system wide-field-of-view program if
the spacecraft bus is used for another purpose.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary to
protect the national security interests of the United States.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1620. <<NOTE: 50 USC 3308a.>> PROVISION OF CERTAIN
INFORMATION TO GOVERNMENT ACCOUNTABILITY
OFFICE BY NATIONAL RECONNAISSANCE
OFFICE.
(a) In General.--The Director of the National Reconnaissance Office
shall provide to the Comptroller General of the United States, in a
timely manner, access to the cost, schedule, and performance information
the Comptroller General requires to conduct assessments, as required by
any of the appropriate congressional committees, of programs of the
National Reconnaissance Office.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives.
[[Page 130 STAT. 2597]]
SEC. 1621. COST-BENEFIT ANALYSIS OF COMMERCIAL USE OF EXCESS
BALLISTIC MISSILE SOLID ROCKET MOTORS.
(a) In General.--The Comptroller General of the United States shall
conduct an analysis of the costs and benefits of allowing the use of
solid rocket motors from missiles described in section 50134(c) of title
51, United States Code, for commercial space launch purposes. Such
analysis shall include an evaluation of the effect, if any, of allowing
such use on national security, the Department of Defense, the solid
rocket motor industrial base, the commercial space launch market, and
any other areas the Comptroller General considers appropriate.
(b) Briefings.--
(1) Interim briefing.--Not later than March 15, 2017, the
Comptroller General shall provide to the appropriate
congressional committees an interim briefing on the analysis
under subsection (a).
(2) Final briefing.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
provide to the appropriate congressional committees a final
briefing on the analysis under subsection (a).
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The congressional defense committees.
(B) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
SEC. 1622. INDEPENDENT ASSESSMENT OF GLOBAL POSITIONING SYSTEM
NEXT GENERATION OPERATIONAL CONTROL
SYSTEM.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter into
an arrangement with a federally funded research and development center,
or other appropriate independent entity, to assess the acquisition
strategy of the Air Force for the Global Positioning System Next
Generation Operational Control System (in this section referred to as
``OCX'').
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) An assessment of the ability of the Air Force to
complete blocks zero through two of the OCX operating system on
a schedule necessary to transition the OCX to full operation.
(2) An estimate of the cost of completing blocks zero
through two on the schedule described in paragraph (1), taking
into account--
(A) the rate of software defects;
(B) earned value management; and
(C) information assurance requirements.
(3) An assessment of the ability of the Air Force to
implement contingency plans for sustaining the Global
Positioning System constellation to mitigate the effects of
delays to the implementation of the OCX and to alleviate
challenges with respect to the operations and checkout of the
Global Positioning System III satellites.
[[Page 130 STAT. 2598]]
(4) An assessment of any risks to the viability and required
availability of the Global Positioning System constellation
associated with efforts to complete blocks zero through two as
described in paragraph (1) or the contingency plans described in
paragraph (3).
(5) An assessment of whether there are well-defined methods
for terminating the OCX program (including an analysis of the
ability of alternative systems to satisfy the requirements of
the Department of Defense), in the event of the inability of the
Air Force to successfully complete blocks zero through two or
other requirements for the OCX while ensuring that the Global
Positioning System constellation meets requirements for the
availability of that System.
(6) Any other matters the entity conducting the assessment
determines appropriate.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the results of the assessment required by
subsection (a).
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1631. REPORT ON UNITED STATES CENTRAL COMMAND INTELLIGENCE
FUSION CENTER.
(a) Report on Procedures.--Not later than March 1, 2017, the
Commander of the United States Central Command shall submit to the
appropriate congressional committees a report on the steps taken by the
Commander to formalize and disseminate procedures for establishing,
staffing, and operating the Intelligence Fusion Center of the United
States Central Command.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1632. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN
RELOCATION ACTIVITIES FOR NATO
INTELLIGENCE FUSION CELL.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 for operation
and maintenance may be obligated or expended for the procurement of fit-
out supplies and equipment to support the relocation of the NATO
Intelligence Fusion Cell from Royal Air Force Molesworth, United
Kingdom, to Royal Air Force Croughton, United Kingdom.
(b) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the Director
of National Intelligence, shall submit to the appropriate congressional
committees a report on the NATO Intelligence Fusion Cell that outlines--
(1) the current facility and support requirements and
associated costs, including any adjustments of such requirements
[[Page 130 STAT. 2599]]
and costs, for the NATO Intelligence Fusion Cell to be located
and operationally viable at Royal Air Force Croughton; and
(2) the operational requirements of, and costs associated
with, any operations of the United States collocated with the
NATO Intelligence Fusion Cell.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1633. SURVEY AND REVIEW OF DEFENSE INTELLIGENCE ENTERPRISE.
(a) Survey and Review.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Chairman of the Joint Chiefs of
Staff shall--
(A) review the organization, resources, and
processes of the Defense Intelligence Enterprise,
including the defense intelligence agencies and
intelligence elements of the combatant commands and
military departments, to assess the capabilities and
capacity of such Enterprise, along with the intelligence
community, to meet present and future defense
intelligence requirements; and
(B) conduct a survey of each geographic combatant
command to assess--
(i) the current state of intelligence support
to military operations;
(ii) the prioritization and allocation of
intelligence resources within each combatant
command; and
(iii) whether intelligence resources are
balanced between support to theater commanders and
support to operational commanders.
(2) Elements.--The review and survey required by paragraph
(1) shall include the following:
(A) A comprehensive assessment of the Defense
Intelligence Enterprise and whether such Enterprise--
(i) is organized and has resources to meet
current and future defense intelligence
requirements;
(ii) is balancing resources appropriately
between operational and strategic defense
intelligence requirements;
(iii) is responding with sufficient agility to
emerging or unexpected requirements; and
(iv) is sufficiently integrated with combatant
commands, subordinate commands, and joint task
forces.
(B) With respect to each geographic combatant
command surveyed--
(i) information on the total intelligence
workforce assigned to the combatant command,
including civilians, military, and contract
personnel;
(ii) detailed information on the allocation of
intelligence resources to meet combatant commander
priorities;
[[Page 130 STAT. 2600]]
(iii) detailed information on the intelligence
priorities of the commander of the combatant
command and intelligence resources allocated to
each priority; and
(iv) detailed information on the intelligence
resources, including personnel and assets,
dedicated to each of the following:
(I) Direct support to the combatant
commander.
(II) Contingency planning.
(III) Ongoing operations.
(IV) Crisis response.
(b) Report.--
(1) Submission.--Not later than 270 days after the date of
the enactment of this Act, the Chairman of the Joint Chiefs of
Staff shall submit to the appropriate congressional committees
and the Under Secretary of Defense for Intelligence a report on
the findings of the Chairman with respect to the review and
survey required by subsection (a)(1).
(2) Content.--The report required by paragraph (1) shall
include--
(A) a detailed analysis of how each combatant
command uses the intelligence resources available to
such command; and
(B) the recommendations of the Chairman, if any, to
improve the Defense Intelligence Enterprise to fulfill
operational military requirements.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) The term ``Defense Intelligence Enterprise'' means the
organizations, infrastructure, and measures, including policies,
processes, procedures, and products, of the intelligence,
counterintelligence, and security components of each of the
following:
(A) The Department of Defense.
(B) The Joint Staff.
(C) The combatant commands.
(D) The military departments.
(E) Other elements of the Department of Defense that
perform national intelligence, defense intelligence,
intelligence-related, counterintelligence, or security
functions.
Subtitle C--Cyberspace-Related Matters
SEC. 1641. SPECIAL EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE
THE DEFENSE AGAINST OR RECOVERY FROM A
CYBER ATTACK.
Section 1903(a)(2) of title 41, United States Code, is amended by
inserting ``cyber,'' before ``nuclear,''.
[[Page 130 STAT. 2601]]
SEC. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT FOR
COMMANDER OF THE UNITED STATES CYBER
COMMAND.
(a) Limitation on Termination of Dual-hat Arrangement.--The
Secretary of Defense may not terminate the dual-hat arrangement until
the date on which the Secretary and the Chairman of the Joint Chiefs of
Staff jointly certify to the appropriate committees of Congress that--
(1) the Secretary and the Chairman carried out the
assessment under subsection (b);
(2) each of the conditions described in paragraph (2)(C) of
such subsection has been met; and
(3) termination of the dual-hat arrangement will not pose
risks to the military effectiveness of the United States Cyber
Command that are unacceptable to the national security interests
of the United States.
(b) Assessment.--
(1) In general.--The Secretary and the Chairman shall
jointly assess the military and intelligence necessity and
benefit of the dual-hat arrangement.
(2) Elements.--The assessment under paragraph (1) shall
include the following elements:
(A) An evaluation of the operational dependence of
the United States Cyber Command on the National Security
Agency.
(B) An evaluation of the ability of the United
States Cyber Command and the National Security Agency to
carry out their respective roles and responsibilities
independently.
(C) A determination of whether the following
conditions have been met:
(i) Robust operational infrastructure has been
deployed that is sufficient to meet the unique
cyber mission needs of the United States Cyber
Command and the National Security Agency,
respectively.
(ii) Robust command and control systems and
processes have been established for planning,
deconflicting, and executing military cyber
operations.
(iii) The tools and weapons used in cyber
operations are sufficient for achieving required
effects.
(iv) Capabilities have been established to
enable intelligence collection and operational
preparation of the environment for cyber
operations.
(v) Capabilities have been established to
train cyber operations personnel, test cyber
capabilities, and rehearse cyber missions.
(vi) The cyber mission force has achieved full
operational capability.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
[[Page 130 STAT. 2602]]
(2) Dual-hat arrangement.--The term ``dual-hat arrangement''
means the arrangement under which the Commander of the United
States Cyber Command also serves as the Director of the National
Security Agency.
SEC. 1643. <<NOTE: 10 USC 1599 note.>> CYBER MISSION FORCES
MATTERS.
(a) Actions Pending Full Implementation of Plan for Cyber Mission
Force Positions.--Until the Secretary of Defense completes
implementation of the authority in subsection (a) of section 1599f of
title 10, United States Code, for United States Cyber Command workforce
positions in accordance with the implementation plan required by
subsection (d) of such section, the Secretary shall do each of the
following:
(1) Notwithstanding sections 3309 through 3318 of title 5,
United States Code, provide for and implement an interagency
transfer agreement between excepted service position systems and
competitive service position systems in military departments and
Defense Agencies concerned to satisfy the requirements for cyber
workforce positions from among a mix of employees in the
excepted service and the competitive service in such military
departments and Defense Agencies.
(2) Implement in the defense civilian cyber personnel system
a classification system commonly known as a ``Rank-in-person''
classification system similar to such classification system used
by the National Security Agency as of the date of the enactment
of this Act.
(3) Approve direct hiring authority for cyber workforce
positions up to the GG or GS-15 level in accordance with the
criteria in section 3304 of title 5, United States Code.
(4) Notwithstanding section 5333 of title 5, United States
Code, authorize officials conducting hiring in the competitive
service for cyber workforce positions to set starting salaries
at up to a step-five level with no justification and at up to a
step-ten level with justification that meets published
guidelines applicable to the excepted service.
(b) Other Matters.--The Principal Cyber Advisor, acting through the
cross-functional team established by section 932(c)(3) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) and in consultation with the Commander of the United
States Cyber Command, shall supervise--
(1) the development of training standards for computer
network operations tool developers for military, civilian, and
contractor personnel supporting the cyber mission forces;
(2) the rapid enhancement of capacity to train personnel to
those standards to meet the needs of the cyber mission forces
for tool development; and
(3) actions necessary to ensure timely completion of
personnel security investigations and adjudications of security
clearances for tool development personnel.
SEC. 1644. <<NOTE: 10 USC 2224 note.>> REQUIREMENT TO ENTER INTO
AGREEMENTS RELATING TO USE OF CYBER
OPPOSITION FORCES.
(a) Requirement for Agreements.--Not later than September 30, 2017,
the Secretary of Defense shall ensure that each commander of a combatant
command establishes appropriate agreements with the Secretary relating
to the use of cyber opposition forces. Each agreement shall require the
command--
[[Page 130 STAT. 2603]]
(1) to support a high state of mission readiness in the
command through the use of one or more cyber opposition forces
in continuous exercises and other training activities as
considered appropriate by the commander of the command; and
(2) in conducting such exercises and training activities,
meet the standard required under subsection (b).
(b) Joint Standard for Cyber Opposition Forces.--Not later than
March 31, 2017, the Secretary of Defense shall issue a joint training
and certification standard for use by all cyber opposition forces within
the Department of Defense.
(c) Joint Standard for Protection of Control Systems.--Not later
than June 30, 2017, the Secretary of Defense shall issue a joint
training and certification standard for the protection of control
systems for use by all cyber operations forces within the Department of
Defense. Such standard shall--
(1) provide for applied training and exercise capabilities;
and
(2) use expertise and capabilities from other departments
and agencies of the Federal Government, as appropriate.
(d) Briefing Required.--Not later than September 30, 2017, the
Secretary of Defense shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing that
includes--
(1) a list of each combatant command that has established an
agreement under subsection (a);
(2) with respect to each such agreement--
(A) special conditions in the agreement placed on
any cyber opposition force used by the command;
(B) the process for making decisions about
deconfliction and risk mitigation of cyber opposition
force activities in continuous exercises and training;
(C) identification of cyber opposition forces
trained and certified to operate at the joint standard,
as issued under subsection (b);
(D) identification of the annual exercises that will
include participation of the cyber opposition forces;
and
(E) identification of any shortfalls in resources
that may prevent annual exercises using cyber opposition
forces; and
(3) any other matters the Secretary of Defense considers
appropriate.
SEC. 1645. <<NOTE: 10 USC 2224 note.>> CYBER PROTECTION SUPPORT
FOR DEPARTMENT OF DEFENSE PERSONNEL IN
POSITIONS HIGHLY VULNERABLE TO CYBER
ATTACK.
(a) Authority to Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Secretary
of Defense, the Secretary may provide cyber protection support
for the personal technology devices of the personnel described
in paragraph (2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the Department of Defense--
(A) who the Secretary determines to be highly
vulnerable to cyber attacks and hostile information
collection activities because of the positions occupied
by such personnel in the Department; and
[[Page 130 STAT. 2604]]
(B) whose personal technology devices are highly
vulnerable to cyber attacks and hostile information
collection activities.
(b) Nature of Cyber Protection Support.--Subject to the availability
of resources, the cyber protection support provided to personnel under
subsection (a) may include training, advice, assistance, and other
services relating to cyber attacks and hostile information collection
activities.
(c) Limitation on Support.--Nothing in this section shall be
construed--
(1) to encourage personnel of the Department of Defense to
use personal technology devices for official business; or
(2) to authorize cyber protection support for senior
Department personnel using personal devices and networks in an
official capacity.
(d) Report.--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 on the
provision of cyber protection support under subsection (a). The report
shall include--
(1) a description of the methodology used to make the
determination under subsection (a)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (a).
(e) Personal Technology Devices Defined.--In this section, the term
``personal technology devices'' means technology devices used by
Department of Defense personnel outside of the scope of their employment
with the Department and includes networks to which such devices connect.
SEC. 1646. <<NOTE: 10 USC 2224 note.>> LIMITATION ON FULL
DEPLOYMENT OF JOINT REGIONAL SECURITY
STACKS.
(a) Limitation.--The Secretary of a military department or the head
of a Defense Agency may not declare that such department or Defense
Agency has achieved full operational capability for the deployment of
joint regional security stacks until the date on which--
(1) the department or Defense Agency concerned completes
operational test and evaluation activities to determine the
effectiveness, suitability, and survivability of the joint
regional security stacks system of such department or Defense
Agency; and
(2) written certification that such testing and evaluation
activities have been completed is provided to the Secretary of
such department or the head of such Defense Agency by the
appropriate operational test and evaluation organization of such
department or Defense Agency.
(b) Waiver.--
(1) In general.--The Secretary of a military department or
the head of a Defense Agency may waive the requirements of
subsection (a) if a certification described in paragraph (2) is
provided to the Secretary of Defense, and signed by--
(A) the Secretary of the military department or the
head of the Defense Agency concerned;
(B) the Director of Operational Test and Evaluation
for the Department of Defense; and
[[Page 130 STAT. 2605]]
(C) the Chief Information Officer of the Department
of Defense.
(2) Certification.--A certification described in this
subsection is a written certification that--
(A) the testing and evaluation activities required
under subsection (a) are unnecessary, accompanied by an
explanation of the reasons such activities are
unnecessary;
(B) the effectiveness, suitability, and
survivability of the joint regional security stacks
system of the military department or Defense Agency
concerned has been demonstrated by methods other than
the testing and evaluation activities required under
subsection (a), accompanied by supporting data; or
(C) national security needs justify full deployment
of the joint regional security stacks system of the
military department or Defense Agency concerned before
the test and evaluation activities required under
subsection (a) can be completed, accompanied by an
explanation of such justification and a risk management
plan.
SEC. 1647. ADVISORY COMMITTEE ON INDUSTRIAL SECURITY AND
INDUSTRIAL BASE POLICY.
(a) Advisory Committee.--Not later than April 30, 2017, the
Secretary of Defense shall establish an advisory committee (referred to
in this section as the ``Committee'') to review, assess, and make
recommendations with respect to industrial security and industrial base
policy.
(b) Duties.--The Committee shall--
(1) review and assess--
(A) the national industrial security program for
cleared facilities and the protection of the information
and networking systems of cleared defense contractors;
(B) policies and practices relating to physical
security and installation access at installations of the
Department of Defense;
(C) information security and cyber defense policies,
practices, and reporting relating to the unclassified
information and networking systems of defense
contractors;
(D) policies, practices, regulations, and reporting
relating to industrial base issues; and
(E) any other matters the Secretary determines to be
appropriate; and
(2) make recommendations to the Secretary based on such
review and assessment.
(c) Members.--The Committee shall be composed of 10 members
appointed by the Secretary of Defense of which five members shall be
representatives of non-governmental entities and five members shall be
representatives of departments or agencies of the Federal Government.
(d) Meetings.--The Committee shall meet not less often than once
annually until the date on which the Committee terminates under
subsection (e).
(e) Termination.--The Committee shall terminate on September 30,
2022.
[[Page 130 STAT. 2606]]
SEC. 1648. CHANGE IN NAME OF NATIONAL DEFENSE UNIVERSITY'S
INFORMATION RESOURCES MANAGEMENT COLLEGE
TO COLLEGE OF INFORMATION AND
CYBERSPACE.
(a) In General.--Section 2165(b)(5) of title 10, United States Code,
is amended by striking ``Information Resources Management College'' and
inserting ``College of Information and Cyberspace''.
(b) <<NOTE: 10 USC 2165 note.>> References.--Any reference in any
law, regulation, document, record, or other paper of the United States
to the Information Resources Management College shall be considered to
be a reference to the College of Information and Cyberspace.
SEC. 1649. EVALUATION OF CYBER VULNERABILITIES OF F-35 AIRCRAFT
AND SUPPORT SYSTEMS.
(a) Evaluation and Report.--
(1) Evaluation.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
complete an evaluation of the cyber vulnerabilities of the F-35
aircraft and the support systems of the aircraft under section
1647(a)(1) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1118).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the evaluation
completed under paragraph (1) that includes--
(A) the findings of the Secretary with respect to
the evaluation;
(B) identification of any major information
assurance deficiencies relating to the F-35 aircraft or
the support systems of the aircraft (including the
autonomic logistics information system); and
(C) a cyber vulnerability mitigation strategy for F-
35 aircraft and the support systems of the aircraft.
(3) Waiver prohibited.--Notwithstanding section 1647(a)(2)
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1118), the Secretary may not waive
the requirements of paragraphs (1) and (2).
(b) Tools and Solutions for Assessing and Mitigating Cyber
Vulnerabilities.--Section 1647 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1118) <<NOTE: 10 USC
2224 note.>> is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Tools and Solutions for Assessing and Mitigating Cyber
Vulnerabilities.--In addition to carrying out the evaluation of cyber
vulnerabilities of major weapon systems of the Department under this
section, the Secretary may--
``(1) develop tools to improve the detection and evaluation
of cyber vulnerabilities;
``(2) conduct non-recurring engineering for the design of
solutions to mitigate cyber vulnerabilities; and
``(3) establish Department-wide information repositories to
share findings relating to the evaluation and mitigation of
cyber vulnerabilities.''.
[[Page 130 STAT. 2607]]
SEC. 1650. <<NOTE: 10 USC 2224 note.>> EVALUATION OF CYBER
VULNERABILITIES OF DEPARTMENT OF DEFENSE
CRITICAL INFRASTRUCTURE.
(a) Plan for Evaluation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan for the evaluation of
the cyber vulnerabilities of the critical infrastructure of the
Department of Defense.
(2) Elements.--The plan under paragraph (1) shall include--
(A) an identification of each of the military
installations to be evaluated; and
(B) an estimate of the cost of the evaluation.
(3) Priority in evaluation.--The plan under paragraph (1)
shall prioritize the evaluation of military installations based
on the criticality of the infrastructure supporting such
installations, as determined by the Chairman of the Joint Chiefs
of Staff based on an assessment of--
(A) the Armed Forces stationed at such military
installations; and
(B) threats to such military installations.
(4) Integration with other efforts.--The plan under
paragraph (1) shall build upon other efforts of Department of
Defense relating to the identification and mitigation of cyber
vulnerabilities of major weapon systems and critical
infrastructure of the Department and shall not duplicate such
efforts.
(b) Pilot Program.--
(1) In general.--Not later than 30 days after the date on
which the Secretary submits the plan under subsection (a), the
Secretary, acting through a covered research laboratory, shall
initiate a pilot program under which the Secretary shall assess
the feasibility and advisability of applying new, innovative
methodologies or engineering approaches--
(A) to improve the defense of control systems
against cyber attacks;
(B) to increase the resilience of military
installations against cybersecurity threats;
(C) to prevent or mitigate the potential for high-
consequence cyber attacks; and
(D) to inform future requirements for the
development of such control systems.
(2) Locations.--The Secretary shall carry out the pilot
program under paragraph (1) at not fewer than two military
installations selected by the Secretary from among military
installations that support the most critical mission-essential
functions of the Department of Defense as identified in the plan
under subsection (a).
(3) Tools.--In carrying out the pilot program under
paragraph (1), the Secretary may use tools and solutions
developed under subsection (e).
(4) Report.--Not later than December 31, 2019, the Secretary
shall submit to the congressional defense committees a final
report on the pilot program that includes--
(A) a description of the activities carried out
under the pilot program at each military installation
concerned;
(B) an assessment of the value of the methodologies
or tools applied during the pilot program in increasing
[[Page 130 STAT. 2608]]
the resilience of military installations against
cybersecurity threats;
(C) recommendations for administrative or
legislative actions to improve the ability of the
Department to employ methodologies and tools for
reducing cyber vulnerabilities in other activities of
the Department of Defense; and
(D) recommendations for including such methodologies
or tools as requirements for relevant activities,
including technical requirements for systems or military
construction projects.
(5) Termination.--The authority of the Secretary to carry
out the pilot program under this subsection shall terminate on
September 30, 2019.
(c) Evaluation.--
(1) In general.--Not later than December 31, 2020, the
Secretary shall complete an evaluation of the cyber
vulnerabilities of the critical infrastructure of the Department
of Defense in accordance with the plan under subsection (a).
(2) Risk mitigation strategies.--The Secretary shall develop
strategies for mitigating the risks of cyber vulnerabilities
identified in the course of the evaluation under paragraph (1).
(d) Status on Progress.--The Secretary shall include in each
quarterly cyber operations briefing submitted to Congress under section
484 of title 10, United States Code, a summary of any activities carried
out as part of--
(1) the pilot program under subsection (b); or
(2) the evaluation under subsection (c).
(e) Tools and Solutions.--The Secretary may--
(1) develop tools that improve assessments of cyber
vulnerabilities of Department of Defense critical
infrastructure;
(2) conduct non-recurring engineering for the design of
mitigation solutions for such vulnerabilities; and
(3) establish Department-wide information repositories to
share findings relating to such assessments and to share such
mitigation solutions.
(f) Definitions.--In this section:
(1) Critical infrastructure of the department of defense.--
The term ``critical infrastructure of the Department of
Defense'' means any asset of the Department of Defense of such
extraordinary importance to the functioning of the Department
and the operation of the Armed Forces that the incapacitation or
destruction of such asset by a cyber attack would have a
debilitating effect on the ability of the Department to fulfill
its missions.
(2) Covered research laboratory.--The term ``covered
research laboratory'' means--
(A) a research laboratory of the Department of
Defense; or
(B) a research laboratory of the Department of
Energy approved by the Secretary of Energy to carry out
the pilot program under subsection (b).
[[Page 130 STAT. 2609]]
SEC. 1651. STRATEGY TO INCORPORATE ARMY RESERVE COMPONENT CYBER
PROTECTION TEAMS INTO DEPARTMENT OF
DEFENSE CYBER MISSION FORCE.
(a) Strategy Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on a strategy for incorporating reserve
component cyber protection teams into the cyber mission force of the
Department of Defense.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall include, at minimum, the following:
(1) A timeline for incorporating reserve component cyber
protection teams into the cyber mission force of the Department
of Defense, including a timeline for the appropriate training of
such teams.
(2) Identification of the specific reserve component cyber
protection teams to be incorporated into the cyber mission force
of the Department of Defense.
(3) An assessment of how the incorporation of reserve
component cyber protection teams into the cyber mission force of
the Department of Defense might be used to enhance readiness
through improved individual and collective training
capabilities.
(4) A status report on the progress of the Army in issuing
additional guidance that clarifies how reserve component cyber
protection teams of the Army National Guard can support State
and civil operations in National Guard status under title 32,
United States Code.
(5) Other matters as considered appropriate by the Secretary
of the Army.
(c) Reserve Component Cyber Protection Teams Defined.--In this
section, the term ``reserve component cyber protection teams'' means
cyber protection teams of--
(1) the Army National Guard; and
(2) the other reserve components of the Army.
SEC. 1652. STRATEGIC PLAN FOR THE DEFENSE INFORMATION SYSTEMS
AGENCY.
(a) Strategic Plan Required.--Not later than 180 days after the date
of the enactment of this Act and not less often than once every 2 fiscal
years thereafter until September 30, 2022, the Director of the Defense
Information Systems Agency, in consultation with the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Chief
Information Officer of the Department of Defense, shall develop or
update, as appropriate, a strategic plan for the Agency that includes--
(1) a comprehensive review of the requirements and mission
of the Agency with respect to research, development, test, and
evaluation; and
(2) an assessment of the adequacy of the activities,
facilities, workforce, and resources of the Agency in meeting
such requirements and fulfilling such mission.
(b) Covered Period.--Each strategic plan under subsection (a) shall
cover the period of five fiscal years beginning with the fiscal year in
which the plan is developed or updated.
(c) Elements.--Each strategic plan under subsection (a) shall
include the following elements:
[[Page 130 STAT. 2610]]
(1) A statement of the mission of the Defense Information
Systems Agency that--
(A) addresses the critical operations and functions
carried out by the Agency; and
(B) includes an assessment of projected changes to
such operations and functions for the period covered by
the plan.
(2) An assessment of the personnel, facilities, and
research, development, test, and evaluation requirements of the
Department of Defense that are needed to support the operations
of the Agency for the period covered by the plan.
(3) An identification of performance metrics for measuring
the successful achievement of objectives for the period covered
by the plan.
(4) An assessment of the programs and plans of the Agency
with respect to research, development, test, and evaluation,
including the projected resources, personnel, and supporting
infrastructure needed to carry out such programs and plans.
(5) An assessment of the facilities and resources of the
Agency that are used for research, development, test, and
evaluation activities.
(6) A description of the plans and business case analyses
supporting any significant modifications to the facilities,
workforce, and resources of the Agency (including any
modifications involving the expansion, divestment,
consolidation, or curtailment of activities) that are proposed,
projected, or recommended by the Director.
(7) Any other matters determined to be appropriate by the
Director.
SEC. 1653. <<NOTE: 10 USC 2224 note.>> PLAN FOR INFORMATION
SECURITY CONTINUOUS MONITORING
CAPABILITY AND COMPLY-TO-CONNECT POLICY;
LIMITATION ON SOFTWARE LICENSING.
(a) Information Security Monitoring Plan and Policy.--
(1) Plan and policy.--The Chief Information Officer of the
Department of Defense and the Commander of the United States
Cyber Command shall jointly develop--
(A) a plan for a modernized, Department-wide
automated information security continuous monitoring
capability that includes--
(i) a proposed information security
architecture for the capability;
(ii) a concept of operations for the
capability; and
(iii) requirements with respect to the
functionality and interoperability of the tools,
sensors, systems, processes, and other components
of the continuous monitoring capability; and
(B) a comply-to-connect policy that requires systems
to automatically comply with the configurations of the
networks of the Department as a condition of connecting
to such networks.
(2) Consultation.--In developing the plan and policy under
paragraph (1), the Chief Information Officer and the Commander
shall consult with the Principal Cyber Advisor to the Secretary
of Defense.
(3) Implementation.--The Chief Information Officer and the
Commander shall each issue such directives as they each
[[Page 130 STAT. 2611]]
consider appropriate to ensure compliance with the plan and
policy developed under paragraph (1).
(4) Inclusion in budget materials.--The Secretary of Defense
shall include funding and program plans relating to the plan and
policy under paragraph (1) in the budget materials submitted by
the Secretary in support of the budget of the President for
fiscal year 2019 (as submitted to Congress under section 1105(a)
of title 31, United States Code).
(5) Integration with other capabilities.--The Chief
Information Officer and the Commander shall ensure that
information generated through automated and automation-assisted
processes for continuous monitoring, asset management, and
comply-to-connect policies and processes shall be accessible and
usable in machine-readable form to appropriate cyber protection
teams and computer network defense service providers.
(6) Software license compliance matters.--The plan and
policy required by paragraph (1) shall comply with the software
license inventory requirements of the plan issued pursuant to
section 937 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 10 U.S.C. 2223 note) and updated
pursuant to section 935 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2223
note).
(b) Limitation on Future Software Licensing.--
(1) In general.--Subject to paragraph (2), none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 or any fiscal year thereafter for
the Department of Defense may be obligated or expended on a
contract for a software license with a cost of more than
$5,000,000 in a fiscal year unless the Department is able,
through automated means--
(A) to count the number of such licenses in use; and
(B) to determine the security status of each
instance of use of the software licensed.
(2) Effective date.--Paragraph (1) shall apply--
(A) beginning on January 1, 2018, with respect to
any contract entered into by the Secretary of Defense on
or after such date for the licensing of software; and
(B) beginning on January 1, 2020, with respect to
any contract entered into by the Secretary for the
licensing of software that was in effect on December 31,
2017.
SEC. 1654. REPORTS ON DETERRENCE OF ADVERSARIES IN CYBERSPACE.
(a) Report of the Secretary of Defense.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall submit to the President and the congressional defense
committees a report on the military and nonmilitary options
available to the United States for deterring and responding to
imminent threats in cyberspace and malicious cyber activities
carried out against the United States by foreign governments and
terrorist organizations.
(2) Elements.--The report under paragraph (1) shall include
the following:
[[Page 130 STAT. 2612]]
(A) A description of the military and nonmilitary
options described in paragraph (1), including citations
to relevant provisions of law, regulation, or directives
or other policy documents of the Federal Government.
(B) Descriptions of relevant authorities, rules of
engagement, command and control structures, and response
plans relating to such options, including--
(i) authorities that have been delegated by
the President to the Secretary of Defense for the
conduct of cyber operations;
(ii) operational authorities delegated by the
Secretary to the Commander of the United States
Cyber Command for military cyber operations;
(iii) identification of how the law of war
applies to cyber operations of the Department of
Defense;
(iv) an assessment of the effectiveness of
each such option; and
(v) an integrated priorities list for cyber
deterrence capabilities of the Department of
Defense that identifies, at a minimum, high
priority capability needs prioritized by armed
force, function, risk areas, and long-term
strategic planning issues.
(b) Report of the President.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of Defense submits the report under
subsection (a), the President shall submit to the congressional
defense committees a report describing the types of actions
carried out in cyberspace against the United States that may
warrant a military response.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) Discussion of the types of actions carried out
in cyberspace that may warrant a military response or
operation.
(B) A description of the role of the military in
responding to acts of aggression in cyberspace against
the United States.
(C) A description of the circumstances required for
a military response to a cyber attack against the United
States.
(D) A plan for articulating a declaratory policy on
the use of cyber weapons by the United States.
SEC. 1655. SENSE OF CONGRESS ON CYBER RESILIENCY OF THE NETWORKS
AND COMMUNICATIONS SYSTEMS OF THE
NATIONAL GUARD.
It is the sense of Congress that, to the greatest extent
practicable, the National Guard should continuously seek ways to
improve, expand, and provide resources for its communications and
networking systems to enhance the performance and resilience of such
systems in the face of cyber attacks, disruptions, and other threats.
[[Page 130 STAT. 2613]]
Subtitle D--Nuclear Forces
SEC. 1661. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF NATIONAL
LEADERSHIP COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
(a) Responsibilities.--Subsection (d) of section 171a of title 10,
United States Code, is amended--
(1) in paragraph (1), by inserting before the period the
following: ``, and including with respect to the integrated
tactical warning and attack assessment systems, processes, and
enablers, and continuity of the governmental functions of the
Department of Defense''; and
(2) in paragraph (2)(C), by inserting before the period the
following: ``(including space system architectures and
associated user terminals and ground segments)''.
(b) Ensuring Capabilities.--Such section is further amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) by inserting after subsection (h) the following new
subsections:
``(i) Reports on Space Architecture Development.--(1) Not less than
90 days before each of the dates on which a system described in
paragraph (2) achieves Milestone A or Milestone B approval, the Under
Secretary of Defense for Acquisitions, Technology, and Logistics shall
submit to the congressional defense committees a report prepared by the
Council detailing the implications of any changes to the architecture of
such a system with respect to the systems, capabilities, and programs
covered under subsection (d).
``(2) A system described in this paragraph is any of the following:
``(A) Advanced extremely high frequency satellites.
``(B) The space-based infrared system.
``(C) The integrated tactical warning and attack assessment
system and its command and control system.
``(D) The enhanced polar system.
``(3) In this subsection, the terms `Milestone A approval' and
`Milestone B approval' have the meanings given such terms in section
2366(e) of this title.
``(j) Notification of Reduction of Certain Warning Time.--(1) None
of the funds authorized to be appropriated or otherwise made available
to the Department of Defense for any fiscal year may be used to change
any command, control, and communications system described in subsection
(d)(1) in a manner that reduces the warning time provided to the
national leadership of the United States with respect to a warning of a
strategic missile attack on the United States unless--
``(A) the Secretary of Defense notifies the congressional
defense committees of such proposed change and reduction; and
``(B) a period of one year elapses following the date of
such notification.
``(2) Not later than March 1, 2017, and each year thereafter, the
Council shall determine whether the integrated tactical warning and
attack assessment system and its command and control system have met all
warfighter requirements for operational availability,
[[Page 130 STAT. 2614]]
survivability, and endurability. If the Council determines that such
systems have not met such requirements, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall jointly submit to the
congressional defense committees--
``(A) an explanation for such negative determination;
``(B) a description of the mitigations that are in place or
being put in place as a result of such negative determination;
and
``(C) the plan of the Secretary and the Chairman to ensure
that the Council is able to make a positive determination in the
following year.''.
(c) Reporting Requirements.--Subsection (e) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking ``At
the same time'' and all that follows through ``title 31,'' and
inserting the following: ``During the period preceding January
31, 2021, at the same time each year that the budget of the
President is submitted to Congress pursuant to section 1105(a)
of title 31, and from time to time after such period at the
discretion of the Council,''; and
(2) by adding at the end the following new paragraph:
``(6) An assessment of the readiness of the command,
control, and communications system for the national leadership
of the United States and of each layer of the system, as that
layer relates to nuclear command, control, and
communications.''.
SEC. 1662. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY STATE AND
LOCAL GOVERNMENTS.
(a) Special Nuclear Material.--
(1) In general.--Section 128 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(d) Information that the Secretary prohibits to be disseminated
pursuant to subsection (a) that is provided to a State or local
government shall remain under the control of the Department of Defense,
and a State or local law authorizing or requiring a State or local
government to disclose such information shall not apply to such
information.''.
(2) Conforming amendment.--The heading of such section is
amended by striking ``Physical protection'' and inserting
``Control and physical protection''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking the
item relating to section 128 and inserting the following new
item:
``128. Control and physical protection of special nuclear material:
limitation on dissemination of unclassified information.''.
(b) Critical Infrastructure Security Information.--Section 130e of
such title <<NOTE: 10 USC 121 prec.>> is amended--
(1) by transferring subsection (c) to the end of such
section and redesignating such subsection, as so transferred, as
subsection (f); and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Designation of Department of Defense Critical Infrastructure
Security Information.--In addition to any other
[[Page 130 STAT. 2615]]
authority or requirement regarding protection from dissemination of
information, the Secretary may designate information as being Department
of Defense critical infrastructure security information, including
during the course of creating such information, to ensure that such
information is not disseminated without authorization. Information so
designated is subject to the determination process under subsection (a)
to determine whether to exempt such information from disclosure
described in such subsection.
``(c) Information Provided to State and Local Governments.--(1)
Department of Defense critical infrastructure security information
covered by a written determination under subsection (a) or designated
under subsection (b) that is provided to a State or local government
shall remain under the control of the Department of Defense.
``(2)(A) A State or local law authorizing or requiring a State or
local government to disclose Department of Defense critical
infrastructure security information that is covered by a written
determination under subsection (a) shall not apply to such information.
``(B) If a person requests pursuant to a State or local law that a
State or local government disclose information that is designated as
Department of Defense critical infrastructure security information under
subsection (b), the State or local government shall provide the
Secretary an opportunity to carry out the determination process under
subsection (a) to determine whether to exempt such information from
disclosure pursuant to subparagraph (A).''.
SEC. 1663. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF
INTERCONTINENTAL BALLISTIC MISSILE
FUZES.
(a) Availability of Funds.--Notwithstanding section 1502(a) of title
31, United States Code, of the amount authorized to be appropriated for
fiscal year 2017 by section 101 and available for Missile Procurement,
Air Force, as specified in the funding table in section 4101,
$17,095,000 shall be available for the procurement of covered parts
pursuant to contracts entered into under section 1645(a) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3651).
(b) Covered Parts Defined.--In this section, the term ``covered
parts'' means commercially available off-the-shelf items as defined in
section 104 of title 41, United States Code.
SEC. 1664. PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE VARIANT
OF GROUND-BASED STRATEGIC DETERRENT
MISSILE.
None of the funds authorized to be appropriated by this Act or
otherwise made available for any of fiscal years 2017 or 2018 may be
obligated or expended to retain the option for, or develop, a mobile
variant of the ground-based strategic deterrent missile.
SEC. 1665. LIMITATION ON AVAILABILITY OF FUNDS FOR EXTENSION OF
NEW START TREATY.
(a) Limitation.--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 Department of Defense may be obligated or expended
to extend the New START Treaty unless--
(1) the Chairman of the Joint Chiefs of Staff submits the
report under subsection (b);
[[Page 130 STAT. 2616]]
(2) the Director of National Intelligence submits the
National Intelligence Estimate under subsection (c)(2); and
(3) a period of 120 days elapses following the submission of
both the report and the National Intelligence Estimate.
(b) Report.--The Chairman of the Joint Chiefs of Staff shall submit
to the appropriate congressional committees a report detailing the
following:
(1) The impacts on the nuclear forces and force planning of
the United States with respect to a State Party to the New START
Treaty developing a capability to conduct a rapid reload of its
ballistic missiles.
(2) Whether any State Party to the New START Treaty has
significantly increased its upload capability with non-deployed
nuclear warheads and the degree to which such developments
impact crisis stability and the nuclear forces, force planning,
use concepts, and deterrent strategy of the United States.
(3) The extent to which non-treaty-limited nuclear or
strategic conventional systems pose a threat to the United
States or the allies of the United States.
(4) The extent to which violations of arms control treaty
and agreement obligations pose a risk to the national security
of the United States and the allies of the United States,
including the perpetuation of violations ongoing as of the date
of the enactment of this Act, as well as potential further
violations.
(5) The extent to which--
(A) the ``escalate-to-deescalate'' nuclear use
doctrine of the Russian Federation is deterred under the
current nuclear force structure, weapons capabilities,
and declaratory policy of the United States; and
(B) deterring the implementation of such a doctrine
has been integrated into the war plans of the United
States.
(6) The status of the nuclear weapons, nuclear weapons
infrastructure, and nuclear command and control modernization
activities of the United States, and the impact such status has
on plans to--
(A) implement the reduction of the nuclear weapons
of the United States; or
(B) further reduce the numbers and types of such
weapons.
(7) Whether, and if so, the reasons that, the New START
Treaty, and the extension of the treaty as of the date of the
report, is in the national security interests of the United
States.
(c) National Intelligence Estimate.--
(1) Production.--The Director of National Intelligence shall
produce a National Intelligence Estimate on the following:
(A) The nuclear forces and doctrine of the Russian
Federation.
(B) The nuclear weapons research and production
capability of Russia.
(C) The compliance of Russia with respect to arms
control obligations (including treaties, agreements, and
other obligations).
(D) The doctrine of Russia with respect to targeting
adversary critical infrastructure and the relationship
[[Page 130 STAT. 2617]]
between such doctrine and other Russian war planning,
including, at a minimum, ``escalate-to-deescalate''
concepts.
(2) Submission.--The Director of National Intelligence shall
submit, consistent with the protection of sources and methods,
to the appropriate congressional committees the National
Intelligence Estimate produced under paragraph (1).
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House of
Representatives and the Senate;
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(2) The term ``New START Treaty'' means the Treaty between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of Strategic
Offensive Arms, signed on April 8, 2010, and entered into force
on February 5, 2011.
SEC. 1666. <<NOTE: 10 USC 2431 note.>> CERTIFICATIONS REGARDING
INTEGRATED TACTICAL WARNING AND ATTACK
ASSESSMENT MISSION OF THE AIR FORCE.
(a) Annual Certification.--Not later than March 31, 2017, and each
year thereafter through 2020, the Commander of the United States
Strategic Command shall certify to the Secretary of Defense and the
congressional defense committees that--
(1) the Air Force is appropriately organized, staffed,
trained, and equipped to carry out the portions of the
integrated tactical warning and attack assessment mission
assigned to the Air Force that are survivable and endurable; and
(2) the programs and plans of the Air Force for sustaining,
modernizing, training, and exercising capabilities relating to
such mission are sufficient to ensure the success of the
mission.
(b) Inability to Certify.--If the Commander does not make a
certification under subsection (a) by March 31 of any year in which a
certification is required under such subsection, the Secretary of the
Air Force shall take immediate actions to consolidate all terrestrial
and aerial components of the integrated tactical warning and attack
assessment system of the Air Force that are survivable and endurable
under the major command of the Air Force commanded by the single general
officer that is responsible for all aspects of the Air Force nuclear
mission, as described by Air Force Program Action Directive D16-01 dated
August 2, 2016.
(c) Rule of Construction.--Nothing in this section may be construed
to affect any responsibilities and authorities relating to the
integrated tactical warning and attack assessment system in effect on
the date of the enactment of this Act pursuant to the Agreement Between
the Government of the United States of America and the Government of
Canada on the North American Aerospace Defense Command and the terms of
reference for the North American Aerospace Defense Command.
[[Page 130 STAT. 2618]]
SEC. 1667. MATTERS RELATING TO INTERCONTINENTAL BALLISTIC
MISSILES.
(a) Prohibition.--
(1) In general.--Except as provided by paragraph (2), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the Department
of Defense shall be obligated or expended for--
(A) reducing, or preparing to reduce, the
responsiveness or alert level of the intercontinental
ballistic missiles of the United States; or
(B) reducing, or preparing to reduce, the quantity
of deployed intercontinental ballistic missiles of the
United States to a number less than 400.
(2) Exception.--The prohibition in paragraph (1) shall not
apply to any of the following activities:
(A) The maintenance or sustainment of
intercontinental ballistic missiles.
(B) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(C) Reduction in the number of deployed
intercontinental ballistic missiles that are carried out
in compliance with--
(i) the limitations of the New START Treaty
(as defined in section 494(a)(2)(D) of title 10,
United States Code); and
(ii) section 1644 of the Carl Levin an Howard
P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3651; 10 U.S.C. 494 note).
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Air Force and
the Chairman of the Nuclear Weapons Council shall submit to the
congressional defense committees a report regarding efforts to
carry out section 1057 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 495 note).
(2) Elements.--The report under paragraph (1) shall include
the following with respect to the period of the expected
lifespan of the Minuteman III system:
(A) The number of nuclear warheads required to
support the capability to redeploy multiple
independently retargetable reentry vehicles across the
full intercontinental ballistic missile fleet.
(B) The current and planned (through 2030) readiness
state of nuclear warheads intended to support the
capability to redeploy multiple independently
retargetable reentry vehicles across the full
intercontinental ballistic missile fleet, including
which portion of the active or inactive stockpile such
warheads are classified within.
(C) The current and planned (through 2030) reserve
of components or subsystems required to redeploy
multiple independently retargetable reentry vehicles
across the full intercontinental ballistic missile
fleet, including the plans or industrial capability and
capacity to produce more such components or subsystems,
if needed.
[[Page 130 STAT. 2619]]
(D) The current and planned (through 2030) time
required to commence redeployment of multiple
independently retargetable reentry vehicles across the
intercontinental ballistic missile fleet, including the
time required to finish deployment across the full
fleet.
(E) The estimated cost of maintaining the capability
and warheads required to redeploy multiple independently
retargetable reentry vehicles across the full
intercontinental ballistic missile fleet.
SEC. 1668. REQUESTS FOR FORCES TO MEET SECURITY REQUIREMENTS FOR
LAND-BASED NUCLEAR FORCES.
(a) Expedited Decision for Securing Land-based Missile Fields.--To
mitigate any risk posed to the nuclear forces of the United States by
the failure to replace the UH-1N helicopter, the Secretary of Defense
shall, in consultation with the Chairman of the Joint Chiefs of Staff--
(1) decide if the land-based missile fields using UH-1N
helicopters meet security requirements and if there are any
shortfalls or gaps in meeting such requirements;
(2) not later than 30 days after the date of the enactment
of this Act, submit to Congress a report on the decision
relating to a request for forces required by paragraph (1); and
(3) if the Chairman determines the implementation of the
decision to be warranted to mitigate any risk posed to the
nuclear forces of the United States--
(A) not later than 60 days after such date of
enactment, implement that decision; or
(B) if the Secretary cannot implement that decision
during the period specified in subparagraph (A), not
later than 45 days after such date of enactment, submit
to Congress a report that includes a proposal for the
date by which the Secretary can implement that decision
and a plan to carry out that proposal.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the travel and
representational expenses of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, not more than 75 percent may be
obligated or expended until the date on which the Under Secretary
certifies to the congressional defense committees that there is a
acquisition process in place to ensure that a UH-1N replacement aircraft
is under contract in fiscal year 2018.
SEC. 1669. REPORT ON RUSSIAN AND CHINESE POLITICAL AND MILITARY
LEADERSHIP SURVIVABILITY, COMMAND AND
CONTROL, AND CONTINUITY OF GOVERNMENT
PROGRAMS AND ACTIVITIES.
(a) Report.--Not later than January 15, 2017, the Director of
National Intelligence shall submit to the appropriate congressional
committees, consistent with the protection of sources and methods, a
report on the leadership survivability, command and control, and
continuity of government programs and activities with respect to the
People's Republic of China and the Russian Federation, respectively. The
report shall include the following:
(1) The goals and objectives of such programs and activities
of each respective country.
[[Page 130 STAT. 2620]]
(2) An assessment of how such programs and activities fit
into the political and military doctrine and strategy of each
respective country.
(3) An assessment of the size and scope of such activities,
including the location and description of above-ground and
underground facilities important to the political and military
leadership survivability, command and control, and continuity of
government programs and activities of each respective country.
(4) An identification of which facilities various senior
political and military leaders of each respective country are
expected to operate out of during crisis and wartime.
(5) A technical assessment of the political and military
means and methods for command and control in wartime of each
respective country.
(6) An identification of key officials and organizations of
each respective country involved in managing and operating such
facilities, programs, and activities, including the command
structure for each organization involved in such programs and
activities.
(7) An assessment of how senior leaders of each respective
country measure the effectiveness of such programs and
activities.
(8) An estimate of the annual cost of such programs and
activities.
(9) An assessment of the degree of enhanced survivability
such programs and activities can be expected to provide in
various military scenarios ranging from limited conventional
conflict to strategic nuclear employment.
(10) An assessment of the type and extent of foreign
assistance, if any, in such programs and activities.
(11) An assessment of the status and the effectiveness of
the intelligence collection of the United States on such
programs and capabilities, and any gaps in such collection.
(12) Any other matters the Director determines appropriate.
(b) Council Assessment.--Not later than 90 days after the date on
which the Director submits the report under subsection (a), the Council
on Oversight of the National Leadership Command, Control, and
Communications System established by section 171a of title 10, United
States Code, shall submit to the appropriate congressional committees an
assessment of how the command, control, and communications systems for
the national leadership of the People's Republic of China and the
Russian Federation, respectively, compare to such system of the United
States.
(c) STRATCOM.--Together with the assessment submitted under
subsection (b), the Commander of the United States Strategic Command
shall submit to the appropriate congressional committees the views of
the Commander on the report under subsection (a), including a detailed
description for how the leadership survivability, command and control,
and continuity of government programs and activities of the People's
Republic of China and the Russian Federation, respectively, are
considered in the plans and options under the responsibility of the
Commander under the unified command plan.
[[Page 130 STAT. 2621]]
(d) Forms.--Each report or assessment submitted under this section
may be submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1670. REVIEW BY COMPTROLLER GENERAL OF THE UNITED STATES OF
RECOMMENDATIONS RELATING TO NUCLEAR
ENTERPRISE OF DEPARTMENT OF DEFENSE.
(a) In General.--During each of fiscal years 2017 through 2021, the
Comptroller General of the United States shall conduct a review of the
following:
(1) The processes of the Department of Defense for
addressing the recommendations of the Department of Defense
Internal Nuclear Enterprise Review, the Independent Review of
the Department of Defense Nuclear Enterprise, and other
recommendations affecting the health of the nuclear enterprise
of the Department of Defense identified or tracked by the
Nuclear Deterrence Enterprise Review Group, including the
process used by the Director of Cost Assessment and Program
Evaluation to evaluate the implementation of such
recommendations.
(2) The processes used to implement recommendations from
other assessments of the nuclear enterprise of the Department of
Defense, including the National Leadership Command Capability
and Nuclear Command, Control, and Communications Enterprise
Review.
(b) Briefing.--After conducting each review under subsection (a),
the Comptroller General shall provide to the congressional defense
committees a briefing on the review.
(c) Conforming Repeal.--Section 1658 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1125) is repealed.
SEC. 1671. SENSE OF CONGRESS ON NUCLEAR DETERRENCE.
It is the sense of Congress that--
(1) the nuclear forces of the United States continue to play
a fundamental role in deterring aggression against the interests
of the United States and the allies of the United States in an
increasingly dangerous world in which foreign adversaries,
including the Russian Federation, are making explicit nuclear
threats against the United States and such allies;
(2) strong United States nuclear forces assure the allies of
the United States that the extended deterrence guarantees of the
United States are credible and that the resolve of the United
States remains strong even in the face of nuclear provocations,
including nuclear coercion and blackmail;
(3) the prevention of war through effective deterrence
requires survivable and flexible nuclear forces that are well
exercised and ready to respond to nuclear escalation if
necessary;
[[Page 130 STAT. 2622]]
(4) possessing a range of capabilities and options to
counter nuclear threats assures the allies of the United States
and enhances the credibility of United States nuclear deterrence
by reinforcing the resolve of the United States in the minds of
such allies and potential adversaries;
(5) the declared policy of the United States with respect to
the use of nuclear weapons must be coordinated and communicate
clearly that the use of nuclear weapons against the United
States or its vital interests would ultimately fail and subject
the aggressor to incalculable consequences;
(6) in support of a strong and credible nuclear deterrent,
the United States must--
(A) maintain a nuclear force with a diverse,
flexible range of nuclear yield and delivery modes that
are ready, capable, and credible;
(B) afford the highest priority to the modernization
of the nuclear triad, dual-capable aircraft, and related
command and control elements; and
(C) ensure the broadest participation of allies of
the United States in nuclear defense planning, training,
and exercises to demonstrate the commitment of the
United States and such allies and their solidarity
against nuclear threats and coercion; and
(7) with respect to the North Atlantic Treaty Organization
(NATO)--
(A) NATO has made it clear at the NATO summit in
Warsaw, Poland, in July 2018, that--
(i) ``the fundamental purpose of NATO's
nuclear capability is to preserve peace, prevent
coercion, and deter aggression''; and
(ii) ``Nuclear weapons are unique. Any
employment of nuclear weapons against NATO would
fundamentally alter the nature of a conflict. The
circumstances in which NATO might have to use
nuclear weapons are extremely remote. If the
fundamental security of any of its members were to
be threatened however, NATO has the capabilities
and resolve to impose costs on an adversary that
would be unacceptable and far outweigh the
benefits that an adversary could hope to
achieve.''; and
(B) accordingly, effective deterrence requires that
NATO conduct realistic nuclear planning and exercises,
and modernize the full suite of dual-capable aircraft
and associated command and control networks and
facilities.
SEC. 1672. SENSE OF CONGRESS ON IMPORTANCE OF INDEPENDENT NUCLEAR
DETERRENT OF UNITED KINGDOM.
It is the sense of Congress that--
(1) the United States believes that the independent nuclear
deterrent and decision-making of the United Kingdom provides a
crucial contribution to international stability, the North
Atlantic Treaty Organization alliance, and the national security
of the United States;
(2) nuclear deterrence is and will continue to be the
highest priority mission of the Department of Defense and the
United States benefits when the closest ally of the United
States clearly and unequivocally sets similar priorities;
[[Page 130 STAT. 2623]]
(3) the United States sees the nuclear deterrent of the
United Kingdom as central to trans-Atlantic security and to the
commitment of the United Kingdom to NATO to spend two percent of
gross domestic product on defense;
(4) the commitment of the United Kingdom to maintain a
continuous at-sea deterrence posture today and in the future
complements the deterrent capabilities of the United States and
provides a credible ``second center of decision making'' which
ensures potential attackers cannot discount the solidarity of
the mutual relationship of the United States and the United
Kingdom;
(5) the United States Navy must execute the Ohio-class
replacement submarine program on time and within budget, seeking
efficiencies and cost savings wherever possible, to ensure that
the program delivers a Common Missile Compartment, the Trident
II (D5) Strategic Weapon System, and associated equipment and
production capabilities, that support the successful development
and deployment of the Dreadnought submarines of the United
Kingdom; and
(6) the close technical collaboration, especially expert
mutual scientific peer review, provides valuable resilience and
cost effectiveness to the respective deterrence programs of the
United States and the United Kingdom.
Subtitle E--Missile Defense Programs
SEC. 1681. <<NOTE: 10 USC 2431 note.>> NATIONAL MISSILE DEFENSE
POLICY.
(a) Policy.--It is the policy of the United States to maintain and
improve an effective, robust layered missile defense system capable of
defending the territory of the United States, allies, deployed forces,
and capabilities against the developing and increasingly complex
ballistic missile threat with funding subject to the annual
authorization of appropriations and the annual appropriation of funds
for National Missile Defense.
(b) Conforming Repeal.--Section 2 of the National Missile Defense
Act of 1999 (Public Law 106-38; 10 U.S.C. 2431 note) is repealed.
SEC. 1682. EXTENSIONS OF PROHIBITIONS RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
(a) Prohibition on Integration of Certain Missile Defense Systems.--
(1) In general.--Section 130h of title 10, United States
Code, is amended--
(A) by redesignating subsection (d) as subsection
(e);
(B) by inserting after subsection (c) the following
new subsection (d):
``(d) Integration.--None of the funds authorized to be appropriated
or otherwise made available for any fiscal year for the Department of
Defense may be obligated or expended to integrate a missile defense
system of the Russian Federation or a missile defense system of the
People's Republic of China into any missile defense system of the United
States.''; and
(C) by striking the section heading and inserting
the following: ``Prohibitions relating to missile
defense information and systems''.
[[Page 130 STAT. 2624]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of title 10, United States <<NOTE: 10 USC
121 prec.>> Code, is amended by striking the item relating to
section 130h and inserting the following new item:
``130h. Prohibitions relating to missile defense information and
systems.''.
(3) Conforming repeals.--Sections 1672 and 1673 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1130) are repealed.
(b) Extension of Sunset.--Section 130h(e) of title 10, United States
Code, as redesignated by subsection (a)(1), is amended to read as
follows:
``(e) Sunset.--The prohibitions in subsections (a), (b), and (d)
shall expire on January 1, 2019.''.
SEC. 1683. <<NOTE: 10 USC 2431 note.>> NON-TERRESTRIAL MISSILE
DEFENSE INTERCEPT AND DEFEAT CAPABILITY
FOR THE BALLISTIC MISSILE DEFENSE
SYSTEM.
Section 1685 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1142) is amended--
(1) in subsection (c)(2), by inserting before the semicolon
at the end the following: ``for each fiscal year over the five-
fiscal-year period beginning with the fiscal year following the
fiscal year in which the report is submitted, assuming such
potential program of record is technically feasible and could be
deployed by December 31, 2027''; and
(2) by adding at the end the following new subsection:
``(d) Commencement of RDT&E.--Not later than 60 days after the
submittal of the report required by subsection (c), the Director may
commence coordination and activities associated with research,
development, test, and evaluation on the programs described in
subsection (c)(2).''.
SEC. 1684. REVIEW OF THE MISSILE DEFEAT POLICY AND STRATEGY OF THE
UNITED STATES.
(a) New Review.--The Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly conduct a new review of the missile
defeat capability, policy, and strategy of the United States, with
respect to--
(1) left- and right-of-launch ballistic missile defense
for--
(A) both regional and homeland purposes; and
(B) the full range of active, passive, kinetic, and
nonkinetic defense measures across the full spectrum of
land-, air-, sea-, and space-based platforms;
(2) the integration of offensive and defensive forces for
the defeat of ballistic missiles, including against weapons
initially deployed on ballistic missiles, such as hypersonic
glide vehicles; and
(3) cruise missile defense of the homeland.
(b) Elements.--The review under subsection (a) shall address the
following:
(1) The missile defeat policy, strategy, and objectives of
the United States in relation to the national security strategy
of the United States and the military strategy of the United
States.
(2) The role of deterrence in the missile defeat policy and
strategy of the United States.
[[Page 130 STAT. 2625]]
(3) The missile defeat posture, capability, and force
structure of the United States.
(4) With respect to both the five- and ten-year periods
beginning on the date of the review, the planned and desired
end-state of the missile defeat programs of the United States,
including regarding the integration and interoperability of such
programs with the joint forces and the integration and
interoperability of such programs with allies, and specific
benchmarks, milestones, and key steps required to reach such
end-states.
(5) The process for determining requirements, force
structure, and inventory objectives for missile defeat
capabilities under such programs, including input from the joint
military requirements process.
(6) The organization, execution, and oversight of
acquisition for the missile defeat programs of the United
States.
(7) The roles and responsibilities of the Office of the
Secretary of Defense, Defense Agencies, combatant commands, the
Joint Chiefs of Staff, the military departments, and the
intelligence community in such programs and the process for
ensuring accountability of each stakeholder.
(8) Standards for the military utility, operational
effectiveness, suitability, and survivability of the missile
defeat systems of the United States.
(9) The method in which resources for the missile defeat
mission are planned, programmed, and budgeted within the
Department of Defense.
(10) The near-term and long-term costs and cost
effectiveness of such programs.
(11) The options for affecting the offense-defense cost
curve.
(12) The role of international cooperation in the missile
defeat policy and strategy of the United States and the plans,
policies, and requirements for integration and interoperability
of missile defeat capability with allies.
(13) Options for increasing the frequency of the
codevelopment of missile defeat capabilities with allies of the
United States in the near-term and far-term.
(14) Declaratory policy governing the employment of missile
defeat capabilities and the military options and plans and
employment options of such capabilities.
(15) The role of multi-mission defense and other assets of
the United States, including space and terrestrial sensors and
plans to achieve multi-mission capability in current, planned,
and other future assets and acquisition programs.
(16) The indications and warning required to meet the
missile defeat strategy and objectives of the United States
described in paragraph (1) and the key enablers and programs to
achieve such indications and warning.
(17) The impact of the mobility, countermeasures, and denial
and deception capabilities of adversaries on the indications and
warning described in paragraph (16) and the consequences on the
missile defeat capability, objectives, and military options of
the United States and the plans of the combatant commanders.
(18) Any other matters the Secretary determines relevant.
(c) Reports.--
[[Page 130 STAT. 2626]]
(1) Results.--Not later than January 31, 2018, the Secretary
shall submit to the congressional defense committees a report
setting forth the results of the review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Annual implementation updates.--During the five-year
period beginning on the date of the submission of the report
under paragraph (1), the Director of Cost Assessment and Program
Evaluation shall submit to the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the congressional
defense committees annual status updates detailing the progress
of the Secretary in implementing the missile defeat strategy of
the United States.
(4) Threat report.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional defense
committees, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate a report containing an unclassified
summary, consistent with the protection of intelligence sources
and methods, of--
(A) as of the date of the report required by this
paragraph, the ballistic and cruise missile threat to
the United States, deployed forces of the United States,
and friends and allies of the United States from short-,
medium-, intermediate-, and long-range nuclear and non-
nuclear ballistic and cruise missile threats; and
(B) an assessment of such threat in 2026.
(5) Declaratory policy, concept of operations, and
employment guidelines for left-of-launch capability.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall jointly submit to the congressional defense
committees the following:
(A) The unclassified declaratory policy of the
United States regarding the use of the left-of-launch
capability of the United States against potential
targets.
(B) Both the classified and unclassified concept of
operations for the use of such capability across and
between the combatant commands.
(C) Both the classified and unclassified employment
strategy, plans, and options for such capability.
(d) Notification.--
(1) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2017 or fiscal year 2018 for the Secretary of Defense may
be obligated or expended to change the non-standard acquisition
processes and responsibilities described in paragraph (2)
until--
(A) the Secretary notifies the congressional defense
committees of such proposed change; and
(B) a period of 180 days has elapsed following the
date of such notification.
(2) Non-standard acquisition processes and responsibilities
described.--The non-standard acquisition processes
[[Page 130 STAT. 2627]]
and responsibilities described in this paragraph are such
processes and responsibilities described in--
(A) the memorandum of the Secretary of Defense
titled ``Missile Defense Program Direction'' signed on
January 2, 2002; and
(B) Department of Defense Directive 5134.09, as in
effect on the date of the enactment of this Act.
(e) <<NOTE: 10 USC 2431 note.>> Designation Required.--
(1) Authority.--Not later than March 31, 2018, the Secretary
of Defense shall designate a military department or Defense
Agency with acquisition authority with respect to--
(A) the capability to defend the homeland from
cruise missiles; and
(B) left-of-launch ballistic missile defeat
capability.
(2) Discretion.--The Secretary may designate a single
military department or Defense Agency with the acquisition
authority described in paragraph (1) or designate a separate
military department or Defense Agency for each function
specified in such paragraph.
(3) Validation.--In making a designation under paragraph
(1), the Secretary shall include a description of the manner in
which the military requirements for such capabilities will be
validated.
(f) <<NOTE: 10 USC 2431 note.>> Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given that
term in section 101(a)(11) of title 10, United States Code.
(2) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1685. MAXIMIZING AEGIS ASHORE CAPABILITY AND DEVELOPING
MEDIUM RANGE DISCRIMINATION RADAR.
(a) Anti-air Warfare Capability of Aegis Ashore Sites.--
(1) Authorization.--Using funds authorized to be
appropriated by sections 101 and 201 of this Act or otherwise
made available for fiscal year 2017 for procurement and
research, development, test, and evaluation, the Secretary of
Defense shall continue the development, procurement, and
deployment of anti-air warfare capabilities at each Aegis Ashore
site in Romania and Poland.
(2) Long-lead components.--Of the funds specified in
paragraph (1), not more than $25,000,000 may be obligated or
expended for the procurement of long-lead components to provide
the anti-air warfare capabilities described in such paragraph.
(3) Reprogramming and transfers.--Any reprogramming or
transfer made to carry out paragraph (1) shall be carried out in
accordance with established procedures for reprogramming or
transfers.
(b) Aegis Ashore Capability Evaluation.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall jointly submit to
the congressional defense committees an evaluation of the ballistic
missile and air threat against the continental United States and the
efficacy (including with respect to cost, ideal and optimal deployment
locations, and potential deployment schedule) of deploying one or more
Aegis Ashore sites and Aegis
[[Page 130 STAT. 2628]]
Ashore components for the ballistic and cruise missile defense of the
continental United States.
(c) Aegis Ashore Site and Medium Range Discrimination Radar on the
Pacific Missile Range Facility.--
(1) Limitation.--During fiscal year 2017, the Secretary of
Defense may not reduce the manning levels or test capability, as
such levels and capability existed on January 1, 2015, of the
Aegis Ashore site at the Pacific Missile Range Facility in
Hawaii, including by putting such site into a ``cold'' or
``stand by'' status.
(2) Environmental impact statement.--
(A) Not later than 60 days after the date of the
enactment of this Act, the Director of the Missile
Defense Agency shall notify the congressional defense
committees on whether the preferred alternative for
fielding a medium range ballistic missile defense sensor
for the defense of Hawaii identified by the report under
section 1689(b)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1144) would require an update to the environmental
impact statement required for constructing the Aegis
Ashore site at the Pacific Missile Range Facility.
(B) In carrying out the preferred alternative for
fielding a medium range ballistic missile defense sensor
for the defense of Hawaii, if the Director determines
that an updated environmental impact statement, a new
environmental impact statement, or another action is
required or recommended pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. et seq.),
the Director shall commence such action by not later
than 60 days after the date on which the Director makes
the notification under subparagraph (A).
(3) Evaluation.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall jointly submit to
the congressional defense committees an evaluation of the
ballistic missile and air threat against Hawaii (including with
respect to threats to the Armed Forces and installations located
in Hawaii) and the efficacy (including with respect to cost and
potential alternatives) of--
(A) making the Aegis Ashore site at the Pacific
Missile Range Facility operational;
(B) deploying the preferred alternative for fielding
a medium range ballistic missile defense sensor for the
defense of Hawaii described in paragraph (2)(A); and
(C) any other alternative the Secretary and the
Chairman determine appropriate.
(d) Forms.--The evaluations submitted under subsections (b) and
(c)(3) shall each be submitted in unclassified form, but may each
include a classified annex.
SEC. 1686. <<NOTE: 10 USC 2431 note.>> TECHNICAL AUTHORITY FOR
INTEGRATED AIR AND MISSILE DEFENSE
ACTIVITIES AND PROGRAMS.
(a) Authority.--
(1) In general.--The Director of the Missile Defense Agency
is the technical authority of the Department of Defense for
integrated air and missile defense activities and programs,
[[Page 130 STAT. 2629]]
including joint engineering and integration efforts for such
activities and programs, including with respect to defining and
controlling the interfaces of such activities and programs and
the allocation of technical requirements for such activities and
programs.
(2) Detailees.--
(A) In carrying out the technical authority under
paragraph (1), the Director may seek to have staff
detailed to the Missile Defense Agency from the Joint
Functional Component Command for Integrated Missile
Defense and the Joint Integrated Air and Missile Defense
Organization in a number the Director determines
necessary in accordance with subparagraph (B).
(B) In detailing staff under subparagraph (A) to
carry out the technical authority under paragraph (1),
the total number of staff, including detailees, of the
Missile Defense Agency who carry out such authority may
not exceed the number that is twice the number of such
staff carrying out such authority as of January 1, 2016.
(b) Assessments and Plans.--
(1) Biennial submission.--Not later than January 31, 2017,
and biennially thereafter through 2021, the Director shall
submit to the congressional defense committees an assessment of
the state of integration and interoperability of the integrated
air and missile defense capabilities of the Department of
Defense.
(2) Elements.--Each assessment under paragraph (1) shall
include the following:
(A) Identification of any gaps in the integration
and interoperability of the integrated air and missile
defense capabilities of the Department.
(B) A description of the options to improve such
capabilities and remediate such gaps.
(C) A plan to carry out such improvements and
remediations, including milestones and costs for such
plan.
(3) Form.--Each assessment under paragraph (1) shall be
submitted in classified form unless the Director determines that
submitting such assessment in unclassified form is useful and
expedient.
SEC. 1687. <<NOTE: 10 USC 2431 note.>> HYPERSONIC DEFENSE
CAPABILITY DEVELOPMENT.
(a) Executive Agent.--The Director of the Missile Defense Agency
shall serve as the executive agent for the Department of Defense for the
development of a capability by the United States to counter hypersonic
boost-glide vehicle capabilities and conventional prompt strike
capabilities that may be employed against the United States, the allies
of the United States, and the deployed forces of the United States.
(b) Duties.--In carrying out subsection (a), the Director shall--
(1) develop architectures for a hypersonic defense
capability, from detecting threats to intercepting such threats,
that--
(A) involves systems of the military departments and
the Defense Agencies; and
(B) includes both kinetic and nonkinetic options for
such interception; and
[[Page 130 STAT. 2630]]
(2) not later than September 30, 2017, establish a program
of record to develop a hypersonic defense capability.
(c) Reports Required.--Not later than March 31, 2017--
(1) the Director shall submit to the congressional defense
committees a report on the architectures and sensors evaluated
pursuant to subsection (b); and
(2) the Chairman of the Joint Chiefs of Staff shall submit
to the congressional defense committees a report on the military
capability or capabilities and capability gaps relating to the
threat posed by hypersonic boost-glide vehicles and maneuvering
ballistic missiles to the United States, the allies of the
United States, and the deployed forces of the United States.
(d) Notification of Funding Procedures.--Not later than 90 days
after the date on which the Director submits the report under subsection
(c)(1), the Director shall notify the congressional defense committees
with respect to whether the Director intends to use established
procedures for reprogramming or transfers to carry out subsection (a) to
conduct activities regarding experimentation, modeling and simulation,
or research and development, to develop a hypersonic defense capability.
(e) Definitions.--In this section:
(1) The term ``Defense Agencies'' has the meaning given that
term in section 101(a)(11) of title 10, United States Code.
(2) The term ``executive agent'' has the meaning given the
term ``DoD Executive Agent'' in Department of Defense Directive
5101.1, or any successor directive relating to the
responsibilities of an executive agent of the Department of
Defense.
(3) The term ``hypersonic defense capability'' means the
capability to counter hypersonic boost-glide vehicles and
conventional prompt strike ballistic missiles.
SEC. 1688. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPONS SYSTEM.
(a) Milestone A Approval Decision.--The Secretary of Defense shall
make a decision regarding Milestone A approval (as defined in section
2366(e) of title 10, United States Code) for the conventional prompt
global strike weapons system not later than the earlier of--
(1) September 30, 2020; or
(2) the date that is 240 days after the date of the
successful completion of intermediate range flight 2 of such
system.
(b) Limitation on Availability of Funds.--Of the 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 conventional prompt global strike weapons system, not more than 75
percent may be obligated or expended until the date on which the
Chairman of the Joint Chiefs of Staff, in consultation with the
Commander of the United States European Command, the Commander of the
United States Pacific Command, and the Commander of the United States
Strategic Command, submits to the congressional defense committees a
report on--
(1) whether there are warfighter requirements or integrated
priorities list submitted needs for a limited operational
conventional prompt strike capability; and
[[Page 130 STAT. 2631]]
(2) whether the program plan and schedule proposed by the
program office in the Office of the Under Secretary of Defense
for Acquisition, Technology, and Logistics supports such
requirements and integrated priorities lists submissions.
SEC. 1689. <<NOTE: 10 USC 2431 note.>> REQUIRED TESTING BY
MISSILE DEFENSE AGENCY OF GROUND-BASED
MIDCOURSE DEFENSE ELEMENT OF BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Testing Required.--Except as provided in subsection (c), not
less frequently than once each fiscal year, the Director of the Missile
Defense Agency shall administer a flight test of the ground-based
midcourse defense element of the ballistic missile defense system.
(b) Requirements.--The Director shall ensure that each test carried
out under subsection (a) provides, when possible, for one or more of the
following:
(1) The validation of technical improvements made to
increase system performance and reliability.
(2) The evaluation of the operational effectiveness of the
ground-based midcourse defense element of the ballistic missile
defense system.
(3) The use of threat-representative targets and critical
engagement conditions.
(4) The evaluation of new configurations of interceptors
before they are fielded.
(5) The satisfaction of the ``fly before buy'' acquisition
approach for new interceptor components or software.
(6) The evaluation of the interoperability of the ground-
based midcourse defense element with other elements of the
ballistic missile defense systems.
(c) Exceptions.--The Director may forgo a test under subsection (a)
in a fiscal year under one or more of the following conditions:
(1) Such a test would jeopardize national security.
(2) Insufficient time considerations between post-test
analysis and subsequent pre-test design.
(3) Insufficient funding.
(4) An interceptor is unavailable.
(5) A target is unavailable or is insufficiently
representative of threats.
(6) The test range or necessary test assets are unavailable.
(7) Inclement weather.
(8) Any other condition the Director considers appropriate.
(d) Certification.--Not later than 45 days after forgoing a test for
a condition or conditions under subsection (c)(8), the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall submit to
the congressional defense committees a certification setting forth the
condition or conditions that caused the test to be forgone under such
subsection.
(e) Report.--Not later than 45 days after forgoing a test for any
condition specified in subsection (c), the Director shall submit to the
congressional defense committees a report setting forth the rationale
for forgoing the test and a plan to restore an intercept flight test in
the Integrated Master Test Plan of the Missile Defense Agency. In the
case of a test forgone for a condition or conditions under subsection
(c)(8), the report required by this subsection is in addition to the
certification required by subsection (d).
[[Page 130 STAT. 2632]]
SEC. 1690. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM
CODEVELOPMENT AND COPRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2017 for procurement, Defense-wide, and available for the
Missile Defense Agency, not more than $62,000,000 may be
provided to the Government of Israel to procure Tamir
interceptors for the Iron Dome short-range rocket defense system
through coproduction of such interceptors in the United States
by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for
the Iron Dome short-range rocket defense program shall
be available subject to the terms and conditions in the
Agreement Between the Department of Defense of the
United States of America and the Ministry of Defense of
the State of Israel Concerning Iron Dome Defense System
Procurement, signed on March 5, 2014, subject to an
amended bilateral international agreement for
coproduction for Tamir interceptors. In negotiations by
the Missile Defense Agency and the Missile Defense
Organization of the Government of Israel regarding such
production, the goal of the United States is to maximize
opportunities for coproduction of the Tamir interceptors
described in paragraph (1) in the United States by
industry of the United States.
(B) Certification.--Not later than 30 days prior to
the initial obligation of funds described in paragraph
(1), the Director of the Missile Defense Agency and the
Under Secretary of Defense for Acquisition, Technology,
and Logistics shall jointly submit to the appropriate
congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph
(A) is being implemented as provided in such
agreement; and
(ii) an assessment detailing any risks
relating to the implementation of such agreement.
(b) Israeli Cooperative Missile Defense Program Codevelopment and
Coproduction.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2017 for
procurement, Defense-wide, and available for the Missile Defense
Agency--
(A) not more than $150,000,000 may be provided to
the Government of Israel to procure the David's Sling
Weapon System, including for coproduction of parts and
components in the United States by United States
industry; and
(B) not more than $120,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for coproduction of parts
and components in the United States by United States
industry.
(2) Certification.--
[[Page 130 STAT. 2633]]
(A) Criteria.--Except as provided by paragraph (3),
the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the
appropriate congressional committees a certification
that--
(i) the Government of Israel has demonstrated
the successful completion of the knowledge points,
technical milestones, and production readiness
reviews required by the research, development, and
technology agreements for the David's Sling Weapon
System and the Arrow 3 Upper Tier Development
Program, respectively;
(ii) funds specified in subparagraphs (A) and
(B) of paragraph (1) will be provided on the basis
of a one-for-one cash match made by Israel for
such respective systems or in another matching
amount that otherwise meets best efforts (as
mutually agreed to by the United States and
Israel);
(iii) the United States has entered into a
bilateral international agreement with Israel that
establishes, with respect to the use of such
funds--
(I) in accordance with clause (iv),
the terms of coproduction of parts and
components of such respective systems on
the basis of the greatest practicable
coproduction of parts, components, and
all-up rounds (if appropriate) by United
States industry and minimizes
nonrecurring engineering and
facilitization expenses to the costs
needed for coproduction;
(II) complete transparency on the
requirement of Israel for the number of
interceptors and batteries of such
respective systems that will be
procured, including with respect to the
procurement plans, acquisition strategy,
and funding profiles of Israel;
(III) technical milestones for
coproduction of parts and components and
procurement of such respective systems;
and
(IV) joint approval processes for
third-party sales of such respective
systems and the components of such
respective systems;
(iv) the level of coproduction described in
clause (iii)(I) for the Arrow 3 Upper Tier
Interceptor Program and the David's Sling Weapon
System is not less than 50 percent; and
(v) of the funds specified in subparagraph (B)
of paragraph (1), not more than $5,000,000 may be
obligated or expended to cover costs related to
any delays, including delays with respect to
exchanging technical data or specifications, of
the Arrow 3 Upper Tier Interceptor Program.
(B) Number.--In carrying out subparagraph (A), the
Under Secretary may submit--
(i) one certification covering both the
David's Sling Weapon System and the Arrow 3 Upper
Tier Interceptor Program; or
(ii) separate certifications for each
respective system.
[[Page 130 STAT. 2634]]
(C) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification under
subparagraph (A) by not later than 60 days before the
funds specified in paragraph (1) for the respective
system covered by the certification are provided to the
Government of Israel.
(3) Waiver.--The Under Secretary may waive the certification
required by paragraph (2) if the Under Secretary certifies to
the appropriate congressional committees that the Under
Secretary has received sufficient data from the Government of
Israel to demonstrate--
(A) the funds specified in subparagraphs (A) and (B)
of paragraph (1) are provided to Israel solely for
funding the procurement of long-lead components and
critical hardware in accordance with a production plan,
including a funding profile detailing Israeli
contributions for production, including long-lead
production, of either David's Sling Weapon System or the
Arrow 3 Upper Tier Interceptor Program;
(B) such long-lead components have successfully
completed knowledge points, technical milestones, and
production readiness reviews; and
(C) the long-lead procurement will be conducted in a
manner that maximizes coproduction in the United States
without incurring nonrecurring engineering activity or
cost other than such activity or cost required for
suppliers of the United States to start or restart
production in the United States.
(c) Limitation on Funding for David's Sling Weapon System.--None of
the amounts appropriated or otherwise made available pursuant to
subsection (a)(1) of section 1679 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1135) that remain
available and are unobligated as of the date of the enactment of this
Act may be obligated or expended until the appropriate congressional
committees receive the plan required by subsection (d) of such section.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1691. LIMITATIONS ON AVAILABILITY OF FUNDS FOR LOWER TIER AIR
AND MISSILE DEFENSE CAPABILITY OF THE
ARMY.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for lower tier
missile defense capability (PE 0604114A) radar replacement, not more
than 75 percent may be obligated or expended until each of the following
occurs:
(1) The Director of the Missile Defense Agency, in
coordination with the Chief of Staff of the Army, submits to the
congressional defense committees a report on the manner in which
the Director, acting as the technical integrating authority for
air and missile defense, will ensure that the lower tier air and
missile defense radar will meet the requirements of the
[[Page 130 STAT. 2635]]
commanders of the combatant commands for interoperability with
the ballistic missile defense system and other air and missile
defense capabilities deployed and planned to be deployed by the
United States, including the establishment of key military
requirements for such integrated capability and program
development milestones.
(2) The Chairman of the Joint Chiefs of Staff--
(A) certifies to the congressional defense
committees that the planned lower tier air and missile
defense radar of the Army is being designed to fully
support the required attributes for modularity sought by
the commanders of the geographic combatant commands,
including a description of such required attributes and
the key milestones that will be used to ensure such
modularity is achieved; and
(B) notifies the congressional defense committees of
any objective requirements not met in the threshold
requirement for the air and missile defense capability
of the Army, including an assessment of any resulting
capability gaps to military air and missile defense
capability.
(b) Additional Limitation.--In addition to the limitation in
subsection (a), of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for lower tier missile
defense capability (PE 0604114A) radar replacement, not more than 90
percent may be obligated or expended until the date on which the Chief
of Staff of the Army, in coordination with the Secretary of the Army,
submits to the congressional defense committees a determination
regarding--
(1) whether the technology demonstration and knowledge
points progression of the technology maturation and risk
reduction phase of the lower tier air and missile defense radar
acquisition program support a fair, full, and open acquisition
program that can begin low-rate initial production earlier than
2021; and
(2) if such production can begin earlier than 2021, what
steps the Chief of Staff is taking to achieve such an earlier
production date.
(c) Notification on Delegation.--Not later than 30 days after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall notify the congressional
defense committees as to whether the Under Secretary will delegate to
the Secretary of the Army the acquisition authority for the lower tier
air and missile defense radar program of the Army.
(d) Notification on Funding.--Not later than 30 days after the
completion of the technology demonstration phase of the lower tier air
and missile defense radar acquisition program, the Secretary of the Army
shall notify the congressional defense committees whether the Secretary
could carry out a reprogramming or transfer of funds previously
authorized to be appropriated for another purpose (in accordance with
established procedures for reprogramming or transfers) to meaningfully
accelerate the acquisition program and, if so, how.
[[Page 130 STAT. 2636]]
SEC. 1692. <<NOTE: 10 USC 2431 note.>> PILOT PROGRAM ON LOSS OF
UNCLASSIFIED, CONTROLLED TECHNICAL
INFORMATION.
(a) Pilot Program.--Beginning not later than 90 days after the date
of the enactment of this Act, the Director of the Missile Defense Agency
shall carry out a pilot program to implement improvements to the data
protection options in the programs of the Missile Defense Agency
(including the contractors of the Agency), particularly with respect to
unclassified, controlled technical information and controlled
unclassified information.
(b) Priority.--In carrying out the pilot program under subsection
(a), the Director shall give priority to implementing data protection
options that are used by the private sector and have been proven
successful.
(c) Duration.--The Director shall carry out the pilot program under
subsection (a) for not more than a 5-year period.
(d) Notification.--Not later than 30 days before the date on which
the Director commences the pilot program under subsection (a), the
Director shall notify the congressional defense committees, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs of the Senate of--
(1) the data protection options that the Director is
considering to implement under the pilot program and the
potential costs of such options; and
(2) such option that is the preferred option of the
Director.
(e) Data Protection Options.--In this section, the term ``data
protection options'' means actions to improve processes, practices, and
systems that relate to the safeguarding, hygiene, and data protection of
information.
SEC. 1693. PLAN FOR PROCUREMENT OF MEDIUM-RANGE DISCRIMINATION
RADAR TO IMPROVE HOMELAND MISSILE
DEFENSE.
(a) Plan.--
(1) Development.--The Director of the Missile Defense Agency
shall develop a plan to--
(A) procure a medium-range discrimination radar or
equivalent sensor for a location the Director determines
will improve homeland missile defense for the defense of
Hawaii from the limited ballistic missile threat
(including accidental or unauthorized launch); and
(B) field such radar or equivalent sensor by not
later than December 31, 2021.
(2) Submission.--Not later than 60 days after the date of
the enactment of this Act, the Director shall submit to the
congressional defense committees the plan developed under
paragraph (1).
(b) Request for Proposals.--Not later than October 1, 2017, the
Director shall issue a request for proposals for the medium-range
discrimination radar or equivalent sensor specified in subsection
(a)(1)(A).
SEC. 1694. REVIEW OF MISSILE DEFENSE AGENCY BUDGET SUBMISSIONS FOR
GROUND-BASED MIDCOURSE DEFENSE AND
EVALUATION OF ALTERNATIVE GROUND-BASED
INTERCEPTOR DEPLOYMENTS.
(a) Budget Sufficiency.--
[[Page 130 STAT. 2637]]
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of Cost Assessment and
Program Evaluation shall submit to the congressional defense
committees a report on the ground-based midcourse defense
system.
(2) Elements.--The report under paragraph (1) shall include
an evaluation of each of the following:
(A) The modernization requirements for the ground-
based midcourse system, including all command and
control, ground systems, sensors and sensor interfaces,
boosters and kill vehicles, and integration of known
future systems and components.
(B) The obsolescence of such systems and components.
(C) The industrial base requirements relating to the
ground-based midcourse system, as determined by the
Director of the Missile Defense Agency.
(D) The extent to which the estimated levels of
annual funding included in the most recent budget and
the future-years defense program submitted under section
221 of title 10, United States Code, fully fund the
requirements under subparagraph (A).
(3) Updates.--Not later than 30 days after the date on which
each budget is submitted through January 31, 2021, the Director
shall submit to the congressional defense committees an update
to the report under paragraph (1).
(b) Evaluation of Transportable Ground-based Interceptor.--Not later
than 180 days after the date of the enactment of this Act, the Director
of the Missile Defense Agency shall submit to the congressional defense
committees a report on transportable ground-based interceptors. Such
report shall detail the views of the Director regarding--
(1) the cost that is unconstrained by current projected
budget levels for the Missile Defense Agency (including a
detailed program development production and deployment cost and
schedule for the earliest technically possible deployment), the
associated manning, and the comparative cost (including as
compared to developing a fixed ground-based interceptor site),
technical readiness, and feasibility of a transportable ground-
based interceptor as a means to deploy additional ground-based
interceptors for the defense of the United States and the
operational value of a transportable ground-based interceptor
for the defense of the homeland against a limited ballistic
missile attack, including from accidental or unauthorized
ballistic missile launch;
(2) the type and number of flight and or intercept tests
that would be required to validate the capability and
compatibility of a transportable ground-based interceptor in the
ballistic missile defense system;
(3) the enabling capabilities, and the cost of such
capabilities, to support such a system;
(4) any safety consideration of a transportable ground-based
interceptor; and
(5) other matters that the Director determines pertinent to
such a system.
(c) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
[[Page 130 STAT. 2638]]
(d) Definitions.--In this section, the terms ``budget'' and
``defense budget materials'' have the meanings given those terms in
section 231 of title 10, United States Code.
SEC. 1695. SEMIANNUAL NOTIFICATIONS ON MISSILE DEFENSE TESTS AND
COSTS.
(a) Notifications.--Not less than once every 180-day period
beginning 90 days after the date of the enactment of this Act and ending
on January 31, 2021, the Director of the Missile Defense Agency shall
submit to the congressional defense committees a notification on--
(1) the outcome of each planned flight test, including
intercept tests, occurring during the period covered by the
notification; and
(2) flight tests, including intercept tests, planned to
occur after the date of the notification.
(b) Elements.--Each notification shall include the following:
(1) With respect to each test described in subsection
(a)(1)--
(A) the cost;
(B) any changes made to the scope or objectives of
the test, or future tests, and an explanation for such
changes;
(C) in the event of a failure of the test or a
decision to delay or cancel the test--
(i) the reasons such test did not succeed or
occur;
(ii) the funds expended on such attempted
test; and
(iii) in the case of a test failure or
cancelled test that is the result of contractor
performance, the contractor liability, if
appropriate, as compared to the cost of such test
and potential retest; and
(D) the plan to conduct a retest, if necessary, and
an estimate of the cost of such retest.
(2) With respect to each test described in subsection
(a)(2)--
(A) any changes made to the scope of the test;
(B) whether the test was to occur earlier but was
delayed; and
(C) an explanation for any such changes or delays.
(3) The status of any open failure review boards or any
failure review boards completed during the period covered by the
notification.
(c) Form.--Each notification submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1696. REPORTS ON UNFUNDED PRIORITIES OF THE MISSILE DEFENSE
AGENCY.
(a) Reports.--Not later than 10 days after the date on which the
budget of the President for each of fiscal years 2018 and 2019 is
submitted to Congress pursuant to section 1105 of title 31, United
States Code, the Director of the Missile Defense Agency shall submit to
the Secretary of Defense and the Chairman of the Joint Chiefs of Staff,
and to the congressional defense committees, a report on the unfunded
priorities of the Missile Defense Agency.
(b) Elements.--
[[Page 130 STAT. 2639]]
(1) In general.--Each report under subsection (a) shall
specify, for each unfunded priority covered by such report, the
following:
(A) A summary description of such priority,
including the objectives to be achieved if such priority
is funded (whether in whole or in part).
(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
(C) Account information with respect to such
priority, including the following (as applicable):
(i) Line Item Number (LIN) for applicable
procurement accounts.
(ii) Program Element (PE) number for
applicable research, development, test, and
evaluation accounts.
(iii) Sub-activity group (SAG) for applicable
operation and maintenance accounts.
(2) Prioritization of priorities.--Each report under
subsection (a) shall present the unfunded priorities covered by
such report in order of urgency of priority.
(c) Unfunded Priority Defined.--In this section, the term ``unfunded
priority'', in the case of a fiscal year, means a program, activity, or
mission requirement of the Missile Defense Agency that--
(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105 of
title 31, United States Code;
(2) is necessary to fulfill a requirement associated with an
operational or contingency plan of a combatant command or other
validated requirement; and
(3) would have been recommended for funding through the
budget referred to in paragraph (1) by the Director of the
Missile Defense Agency in connection with the budget if--
(A) additional resources had been available for the
budget to fund the program, activity, or mission
requirement; or
(B) the program, activity, or mission requirement
has emerged since the budget was formulated.
Subtitle F--Other Matters
SEC. 1697. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130i. <<NOTE: 10 USC 130i.>> Protection of certain
facilities and assets from unmanned aircraft
``(a) Authority.--Notwithstanding any provision of title 18, the
Secretary of Defense may take, and may authorize the armed forces to
take, such actions described in subsection (b)(1) that are necessary to
mitigate the threat (as defined by the Secretary of Defense, in
consultation with the Secretary of Transportation) that an unmanned
aircraft system or unmanned aircraft poses to the safety or security of
a covered facility or asset.
``(b) Actions Described.--(1) The actions described in this
paragraph are the following:
[[Page 130 STAT. 2640]]
``(A) Detect, identify, monitor, and track the unmanned
aircraft system or unmanned aircraft, without prior consent,
including by means of intercept or other access of a wire, oral,
or electronic communication used to control the unmanned
aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct or
indirect physical, electronic, radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent, including by disabling
the unmanned aircraft system or unmanned aircraft by
intercepting, interfering, or causing interference with wire,
oral, electronic, or radio communications used to control the
unmanned aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force to disable, damage, or destroy
the unmanned aircraft system or unmanned aircraft.
``(2) The Secretary of Defense shall develop the actions described
in paragraph (1) in coordination with the Secretary of Transportation.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned aircraft
described in subsection (a) that is seized by the Secretary of Defense
is subject to forfeiture to the United States.
``(d) Regulations.--The Secretary of Defense and the Secretary of
Transportation may prescribe regulations and shall issue guidance in the
respective areas of each Secretary to carry out this section.
``(e) Definitions.--In this section:
``(1) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified by the Secretary of Defense for
purposes of this section;
``(B) is located in the United States (including the
territories and possessions of the United States); and
``(C) relates to--
``(i) the nuclear deterrence mission of the
Department of Defense, including with respect to
nuclear command and control, integrated tactical
warning and attack assessment, and continuity of
government;
``(ii) the missile defense mission of the
Department; or
``(iii) the national security space mission of
the Department.
``(2) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 331 of
the FAA Modernization and Reform Act of 2012 (Public Law 112-95;
49 U.S.C. 40101 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 121 prec.>> is amended by inserting after
the item relating to section 130h the following new item:
``130i. Protection of certain facilities and assets from unmanned
aircraft.''.
[[Page 130 STAT. 2641]]
SEC. 1698. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE GLOBAL
POSITIONING SYSTEM.
(a) Federal Communications Commission Conditions on Commercial
Terrestrial Operations.--Part I of title III of the Communications Act
of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. <<NOTE: 47 USC 343.>> CONDITIONS ON COMMERCIAL
TERRESTRIAL OPERATIONS.
``(a) In General.--The Commission shall not permit commercial
terrestrial operations in the 1525-1559 megahertz band or the 1626.5-
1660.5 megahertz band until the date that is 90 days after the
Commission resolves concerns of widespread harmful interference by such
operations in such band to covered GPS devices.
``(b) Notice to Congress.--
``(1) In general.--At the conclusion of the decision
regarding whether to permit such operations in such band, the
Commission shall submit to the congressional committees
described in paragraph (2) official copies of the documents
containing the final decision of the Commission. If the decision
is to permit such operations in such band, such documents shall
contain or be accompanied by an explanation of how the concerns
described in subsection (a) have been resolved.
``(2) Congressional committees described.--The congressional
committees described in this paragraph are the following:
``(A) The Committee on Energy and Commerce and the
Committee on Armed Services of the House of
Representatives.
``(B) The Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate.
``(c) Covered GPS Device Defined.--In this section, the term
`covered GPS device' means a Global Positioning System device of the
Department of Defense.''.
(b) Secretary of Defense Review of Harmful Interference.--
(1) Review.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter until the
date referred to in paragraph (3), the Secretary of Defense
shall conduct a review to--
(A) assess the ability of covered GPS devices to
receive signals from Global Positioning System
satellites without widespread harmful interference; and
(B) determine if commercial communications services
are causing or will cause widespread harmful
interference with covered GPS devices.
(2) Notice to congress.--
(A) Notice.--If the Secretary of Defense determines
during a review under paragraph (1) that commercial
communications services are causing or will cause
widespread harmful interference with covered GPS
devices, the Secretary shall promptly submit to the
congressional defense committees notice of such
interference.
(B) Contents.--The notice required under
subparagraph (A) shall include--
[[Page 130 STAT. 2642]]
(i) a list and description of the covered GPS
devices that are being or expected to be
interfered with by commercial communications
services;
(ii) a description of the source of, and the
entity causing or expected to cause, the
interference with such devices;
(iii) a description of the manner in which
such source or such entity is causing or expected
to cause such interference;
(iv) a description of the magnitude of harm
caused or expected to be caused by such
interference;
(v) a description of the duration of and the
conditions and circumstances under which such
interference is occurring or expected to occur;
(vi) a description of the impact of such
interference on the national security interests of
the United States; and
(vii) a description of the plans of the
Secretary to address, alleviate, or mitigate such
interference, including the cost of such plans.
(C) Form.--The notice required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(3) Termination date.--The date referred to in this
paragraph is the earlier of--
(A) the date that is two years after the date of the
enactment of this Act; or
(B) the date on which the Secretary--
(i) determines that commercial communications
services are not causing any widespread harmful
interference with covered GPS devices; and
(ii) submits to the congressional defense
committees notice of the determination made under
clause (i).
(c) Covered GPS Device Defined.--In this section, the term ``covered
GPS device'' means a Global Positioning System device of the Department
of Defense.
(d) Conforming Repeal.--Section 911 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1534) is repealed.
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.
SEC. 1701. <<NOTE: Guam World War II Loyalty Recognition Act. 22
USC 1621 note.>> SHORT TITLE.
This title may be cited as the ``Guam World War II Loyalty
Recognition Act''.
[[Page 130 STAT. 2643]]
SEC. 1702. <<NOTE: 22 USC 1621 note.>> RECOGNITION OF THE
SUFFERING AND LOYALTY OF THE RESIDENTS
OF GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World War
II, by being subjected to death, rape, severe personal injury, personal
injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The United
States forever will be grateful to the residents of Guam for their
steadfast loyalty to the United States, as demonstrated by the countless
acts of courage they performed despite the threat of death or great
bodily harm they faced at the hands of the Imperial Japanese military
forces that occupied Guam during World War II.
SEC. 1703. <<NOTE: 22 USC 1621 note.>> GUAM WORLD WAR II CLAIMS
FUND.
(a) Establishment of Fund.--The Secretary of the Treasury shall
establish in the Treasury of the United States a special fund (in this
title referred to as the ``Claims Fund'') for the payment of claims
submitted by compensable Guam victims and survivors of compensable Guam
decedents in accordance with sections 1704 and 1705.
(b) Composition of Fund.--The Claims Fund established under
subsection (a) shall be composed of amounts deposited into the Claims
Fund under subsection (c) and any other payments made available for the
payment of claims under this title.
(c) Payment of Certain Duties, Taxes, and Fees Collected From Guam
Deposited Into Fund.--
(1) In general.--Notwithstanding section 30 of the Organic
Act of Guam (48 U.S.C. 1421h), the excess of--
(A) any amount of duties, taxes, and fees collected
under such section after fiscal year 2014, over
(B) the amount of duties, taxes, and fees collected
under such section during fiscal year 2014,
shall be deposited into the Claims Fund.
(2) Application.--Paragraph (1) shall not apply after the
date for which the Secretary of the Treasury determines that all
payments required to be made under section 1704 have been made.
(d) Limitation on Payments Made From Fund.--
(1) In general.--No payment may be made in a fiscal year
under section 1704 until funds are deposited into the Claims
Fund in such fiscal year under subsection (c).
(2) Amounts.--For each fiscal year in which funds are
deposited into the Claims Fund under subsection (c), the total
amount of payments made in a fiscal year under section 1704 may
not exceed the amount of funds available in the Claims Fund for
such fiscal year.
(e) Deductions From Fund for Administrative Expenses.--The Secretary
of the Treasury shall deduct from any amounts deposited into the Claims
Fund an amount equal to 5 percent of such amounts as reimbursement to
the Federal Government for expenses incurred by the Foreign Claims
Settlement Commission and by the Department of the Treasury in the
administration
[[Page 130 STAT. 2644]]
of this title. The amounts so deducted shall be covered into the
Treasury as miscellaneous receipts.
SEC. 1704. <<NOTE: 22 USC 1621 note.>> PAYMENTS FOR GUAM WORLD
WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced March,
and Internment.--After the Secretary of the Treasury receives the
certification from the Chairman of the Foreign Claims Settlement
Commission as required under section 1705(b)(8), the Secretary of the
Treasury shall make payments, subject to the availably of
appropriations, to compensable Guam victims and survivors of a
compensable Guam decedents as follows:
(1) Compensable guam victim.--Before making any payments
under paragraph (2), the Secretary shall make payments to
compensable Guam victims as follows:
(A) In the case of a victim who has suffered an
injury described in subsection (c)(2)(A), $15,000.
(B) In the case of a victim who is not described in
subparagraph (A), but who has suffered an injury
described in subsection (c)(2)(B), $12,000.
(C) In the case of a victim who is not described in
subparagraph (A) or (B), but who has suffered an injury
described in subsection (c)(2)(C), $10,000.
(2) Survivors of compensable guam decedents.--In the case of
a compensable Guam decedent, the Secretary shall pay $25,000 for
distribution to survivors of the decedent in accordance with
subsection (b). The Secretary shall make payments under this
paragraph only after all payments are made under paragraph (1).
(b) Distribution of Survivor Payments.--A payment made under
subsection (a)(2) to the survivors of a compensable Guam decedent shall
be distributed as follows:
(1) In the case of a decedent whose spouse is living as of
the date of the enactment of this Act, but who had no living
children as of such date, the payment shall be made to such
spouse.
(2) In the case of a decedent whose spouse is living as of
the date of the enactment of this Act and who had one or more
living children as of such date, 50 percent of the payment shall
be made to the spouse and 50 percent shall be made to such
children, to be divided among such children to the greatest
extent possible into equal shares.
(3) In the case of a decedent whose spouse is not living as
of the date of the enactment of this Act and who had one or more
living children as of such date, the payment shall be made to
such children, to be divided among such children to the greatest
extent possible into equal shares.
(4) In the case of a decedent whose spouse is not living as
of the date of the enactment of this Act and who had no living
children as of such date, but who--
(A) had a parent who is living as of such date, the
payment shall be made to the parent; or
(B) had two parents who are living as of such date,
the payment shall be divided equally between the
parents.
(5) In the case of a decedent whose spouse is not living as
of the date of the enactment of this Act, who had no living
children as of such date, and who had no parents who are living
as of such date, no payment shall be made.
[[Page 130 STAT. 2645]]
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 1705 to
have been a resident of Guam who died as a result of the attack
and occupation of Guam by Imperial Japanese military forces
during World War II, or incident to the liberation of Guam by
United States military forces, and whose death would have been
compensable under the Guam Meritorious Claims Act of 1945
(Public Law 79-224) if a timely claim had been filed under the
terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual who is not deceased as of the date
of the enactment of this Act and who is determined under section
1705 to have suffered, as a result of the attack and occupation
of Guam by Imperial Japanese military forces during World War
II, or incident to the liberation of Guam by United States
military forces, any of the following:
(A) Rape or severe personal injury (such as loss of
a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or
burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--Not later than 180 days after the date of the
enactment of this Act, the Foreign Claims Settlement Commission
shall promulgate regulations to specify the injuries that
constitute a severe personal injury or a personal injury for
purposes of subparagraphs (A) and (B), respectively, of
paragraph (2).
SEC. 1705. <<NOTE: 22 USC 1621 note.>> ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
shall adjudicate claims and determine the eligibility of
individuals for payments under section 1704.
(2) Rules and regulations.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Foreign Claims Settlement Commission shall publish in the
Federal Register such rules and regulations as may be necessary
to enable the Commission to carry out the functions of the
Commission under this title.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 1704 unless the individual submits to the
Commission a claim in such manner and form and containing such
information as the Commission specifies.
(2) Filing period for claims and notice.--
(A) Filing period.--An individual filing a claim for
a payment under section 1704 shall file such claim not
later than one year after the date on which the Foreign
Claims Settlement Commission publishes the notice
described in subparagraph (B).
[[Page 130 STAT. 2646]]
(B) Notice of filing period.--Not later than 180
days after the date of the enactment of this Act, the
Foreign Claims Settlement Commission shall publish a
notice of the deadline for filing a claim described in
subparagraph (A)--
(i) in the Federal Register; and
(ii) in newspaper, radio, and television media
in Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim filed under this
title shall--
(A) be by majority vote;
(B) be in writing;
(C) state the reasons for the approval or denial of
the claim; and
(D) if approved, state the amount of the payment
awarded and the distribution, if any, to be made of the
payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from a payment made to a compensable
Guam victim or survivors of a compensable Guam decedent under
this section, amounts paid to such victim or survivors under the
Guam Meritorious Claims Act of 1945 (Public Law 79-224) before
the date of the enactment of this Act.
(5) Interest.--No interest shall be paid on payments made by
the Foreign Claims Settlement Commission under section 1704.
(6) Limited compensation for provision of representational
services.--
(A) Limit on compensation.--Any agreement under
which an individual who provided representational
services to an individual who filed a claim for a
payment under this title that provides for compensation
to the individual who provided such services in an
amount that is more than one percent of the total amount
of such payment shall be unlawful and void.
(B) Penalties.--Whoever demands or receives any
compensation in excess of the amount allowed under
subparagraph (A) shall be fined not more than $5,000 or
imprisoned not more than one year, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall be
to the Commission, and upon rehearing, the decision in each
claim shall be final, and not subject to further review by any
court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the Chairman of the Foreign Claims
Settlement Commission shall certify such decision to the
Secretary of the Treasury for authorization of a payment under
section 1704.
(9) Treatment of affidavits.--For purposes of section 1704
and subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the material
facts required for establishing the eligibility of such
individual for payment under such section as establishing a
prima facie
[[Page 130 STAT. 2647]]
case of the eligibility of the individual for such payment
without the need for further documentation, except as the
Commission may otherwise require. Such material facts shall
include, with respect to a claim for a payment made under
section 1704(a), a detailed description of the injury or other
circumstance supporting the claim involved, including the level
of payment sought.
(10) Release of related claims.--Acceptance of a payment
under section 1704 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall be
in full satisfaction of all claims related to such decedent or
victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant to such Act (Public
Law 79-224), or this title.
SEC. 1706. <<NOTE: 22 USC 1621 note.>> GRANTS PROGRAM TO
MEMORIALIZE THE OCCUPATION OF GUAM
DURING WORLD WAR II.
(a) Establishment.--Subject to subsection (b), the Secretary of the
Interior shall establish a grant program under which the Secretary shall
award grants for research, educational, and media activities for
purposes of appropriately illuminating and interpreting the causes and
circumstances of the occupation of Guam during World War II and other
similar occupations during the war that--
(1) memorialize the events surrounding such occupation; or
(2) honor the loyalty of the people of Guam during such
occupation.
(b) Eligibility.--The Secretary of the Interior may not award a
grant under subsection (a) unless the person seeking the grant submits
an application to the Secretary for such grant, in such time, manner,
and form and containing such information as the Secretary specifies.
SEC. 1707. <<NOTE: 22 USC 1621 note.>> AUTHORIZATION OF
APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For the
purposes of carrying out sections 1704 and 1705, there is authorized to
be appropriated for any fiscal year beginning after the date of
enactment of this Act, an amount equal to the amount deposited into the
Claims Fund in a fiscal year under section 1703. Not more than 5 percent
of funds make available under this subsection shall be used for
administrative costs. Amounts appropriated under this section may remain
available until expended.
(b) Guam World War II Grants Program.--For purposes of carrying out
section 1706, there are authorized to be appropriated $5,000,000 for
each fiscal year beginning after the date of the enactment of this Act.
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.
[[Page 130 STAT. 2648]]
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.
Subtitle A--Improving Transparency and Clarity for Small Businesses
SEC. 1801. PLAIN LANGUAGE REWRITE OF REQUIREMENTS FOR SMALL
BUSINESS PROCUREMENTS.
Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is
amended to read as follows:
``(a) Small Business Procurements.--
``(1) In general.--For purposes of this Act, small business
concerns shall receive any award or contract if such award or
contract is, in the determination of the Administrator and the
contracting agency, in the interest of--
``(A) maintaining or mobilizing the full productive
capacity of the United States;
``(B) war or national defense programs; or
``(C) assuring that a fair proportion of the total
purchase and contracts for goods and services of the
Government in each industry category (as defined under
paragraph (2)) are awarded to small business concerns.
``(2) Industry category defined.--
``(A) In general.--In this subsection, the term
`industry category' means a discrete group of similar
goods and services, as determined by the Administrator
in accordance with the North American Industry
Classification System codes used to establish small
business size standards, except that the Administrator
shall limit an industry category to a greater extent
than provided under the North American Industry
Classification System codes if the Administrator
receives evidence indicating that further segmentation
of the industry category is warranted--
``(i) due to special capital equipment needs;
``(ii) due to special labor requirements;
[[Page 130 STAT. 2649]]
``(iii) due to special geographic
requirements, except as provided in subparagraph
(B);
``(iv) due to unique Federal buying patterns
or requirements; or
``(v) to recognize a new industry.
``(B) Exception for geographic requirements.--The
Administrator may not further segment an industry
category based on geographic requirements unless--
``(i) the Government typically designates the
geographic area where work for contracts for goods
or services is to be performed;
``(ii) Government purchases comprise the major
portion of the entire domestic market for such
goods or services; and
``(iii) it is unreasonable to expect
competition from business concerns located outside
of the general geographic area due to the fixed
location of facilities, high mobilization costs,
or similar economic factors.
``(3) Determinations with respect to awards or contracts.--
Determinations made pursuant to paragraph (1) may be made for
individual awards or contracts, any part of an award or contract
or task order, or for classes of awards or contracts or task
orders.
``(4) Increasing prime contracting opportunities for small
business concerns.--
``(A) Description of covered proposed
procurements.--The requirements of this paragraph shall
apply to a proposed procurement that includes in its
statement of work goods or services currently being
supplied or performed by a small business concern and,
as determined by the Administrator--
``(i) is in a quantity or of an estimated
dollar value which makes the participation of a
small business concern as a prime contractor
unlikely;
``(ii) in the case of a proposed procurement
for construction, seeks to bundle or consolidate
discrete construction projects; or
``(iii) is a solicitation that involves an
unnecessary or unjustified bundling of contract
requirements.
``(B) Notice to procurement center
representatives.--With respect to proposed procurements
described in subparagraph (A), at least 30 days before
issuing a solicitation and concurrent with other
processing steps required before issuing the
solicitation, the contracting agency shall provide a
copy of the proposed procurement to the procurement
center representative of the contracting agency (as
described in subsection (l)) along with a statement
explaining--
``(i) why the proposed procurement cannot be
divided into reasonably small lots (not less than
economic production runs) to permit offers on
quantities less than the total requirement;
``(ii) why delivery schedules cannot be
established on a realistic basis that will
encourage the participation of small business
concerns in a manner consistent with the actual
requirements of the Government;
[[Page 130 STAT. 2650]]
``(iii) why the proposed procurement cannot be
offered to increase the likelihood of the
participation of small business concerns;
``(iv) in the case of a proposed procurement
for construction, why the proposed procurement
cannot be offered as separate discrete projects;
or
``(v) why the contracting agency has
determined that the bundling of contract
requirements is necessary and justified.
``(C) Alternatives to increase prime contracting
opportunities for small business concerns.--If the
procurement center representative believes that the
proposed procurement will make the participation of
small business concerns as prime contractors unlikely,
the procurement center representative, within 15 days
after receiving the statement described in subparagraph
(B), shall recommend to the contracting agency
alternative procurement methods for increasing prime
contracting opportunities for small business concerns.
``(D) Failure to agree on an alternative procurement
method.--If the procurement center representative and
the contracting agency fail to agree on an alternative
procurement method, the Administrator shall submit the
matter to the head of the appropriate department or
agency for a determination.
``(5) Contracts for sale of government property.--With
respect to a contract for the sale of Government property, small
business concerns shall receive any such contract if, in the
determination of the Administrator and the disposal agency, the
award of such contract is in the interest of assuring that a
fair proportion of the total sales of Government property be
made to small business concerns.
``(6) Sale of electrical power or other property.--Nothing
in this subsection shall be construed to change any preferences
or priorities established by law with respect to the sale of
electrical power or other property by the Federal Government.
``(7) Costs exceeding fair market price.--A contract may not
be awarded under this subsection if the cost of the contract to
the awarding agency exceeds a fair market price.''.
SEC. 1802. TRANSPARENCY IN SMALL BUSINESS GOALS.
Section 15(h)(3) of the Small Business Act (15 U.S.C. 644(h)(3)) is
amended to read as follows:
``(3) Procurement data.--
``(A) Federal procurement data system.--
``(i) In general.--To assist in the
implementation of this section, the Administrator
shall have access to information collected through
the Federal Procurement Data System, Federal
Subcontracting Reporting System, or any new or
successor system.
``(ii) GSA report.--On the date that the
Administrator makes available the report required
under paragraph (2), the Administrator of the
General Services Administration shall submit to
the President and Congress, and shall make
available on a public website, a report in the
same form and manner, and including
[[Page 130 STAT. 2651]]
the same information, as the report required under
paragraph (2). The report shall include all
procurements made for the period covered by the
report and may not exclude any contract awarded.
``(B) Agency procurement data sources.--To assist in
the implementation of this section, the head of each
contracting agency shall provide, upon request of the
Administrator, procurement information collected through
agency data collection sources in existence at the time
of the request. Contracting agencies shall not be
required to establish new data collection systems to
provide such data.''.
Subtitle B--Clarifying the Roles of Small Business Advocates
SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER REPRESENTATIVES.
(a) Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is
amended by adding at the end the following new paragraph:
``(9) Scope of review.--The Administrator--
``(A) may not limit the scope of review by the
procurement center representative for any solicitation
of a contract or task order without regard to whether
the contract or task order or part of the contract or
task order is set aside for small business concerns,
whether 1 or more contracts or task order awards are
reserved for small business concerns under a multiple
award contract, or whether or not the solicitation would
result in a bundled or consolidated contract (as defined
in subsection (s)) or a bundled or consolidated task
order; and
``(B) shall, unless the contracting agency requests
a review, limit the scope of review by the procurement
center representative for any solicitation of a contract
or task order if such solicitation is awarded by or for
the Department of Defense and--
``(i) is conducted pursuant to section 22 of
the Arms Export Control Act (22 U.S.C. 2762);
``(ii) is a humanitarian operation as defined
in section 401(e) of title 10, United States Code;
``(iii) is for a contingency operation, as
defined in section 101(a)(13) of title 10, United
States Code;
``(iv) is to be awarded pursuant to an
agreement with the government of a foreign country
in which Armed Forces of the United States are
deployed; or
``(v) both the place of award and the place of
performance are outside of the United States and
its territories.''.
(b) Section 15(g)(2)(B) of the Small Business Act (15 U.S.C.
644(g)(2)(B) is amended by inserting after the period at the end the
following new sentence: ``Contracts excluded from review by procurement
center representatives pursuant to subsection (l)(9)(B) shall not be
considered when establishing these goals.''.
[[Page 130 STAT. 2652]]
SEC. 1812. DUTIES OF THE OFFICE OF SMALL AND DISADVANTAGED
BUSINESS UTILIZATION.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended--
(1) by striking ``section 8, 15 or 44'' and inserting
``section 8, 15, 31, 36, or 44'';
(2) by striking ``sections 8 and 15'' each place such term
appears and inserting ``sections 8, 15, 31, 36, and 44'';
(3) in paragraph (10), by striking ``section 8(a)'' and
inserting ``section 8, 15, 31, or 36'';
(4) in paragraph (17)(C), by striking the period at the end
and inserting a semicolon;
(5) by inserting after paragraph (17) the following new
paragraph:
``(18) shall review summary data provided by purchase card
issuers of purchases made by the agency greater than the micro-
purchase threshold (as defined under section 1902 of title 41,
United Stated Code) and less than the simplified acquisition
threshold to ensure that the purchases have been made in
compliance with the provisions of this Act and have been
properly recorded in the Federal Procurement Data System, if the
method of payment is a purchase card issued by the Department of
Defense pursuant to section 2784 of title 10, United States
Code, or by the head of an executive agency pursuant to section
1909 of title 41, United States Code;''; and
(6) in paragraph (16)--
(A) in subparagraph (B), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(D) any failure of the agency to comply with
section 8, 15, 31, or 36;''.
SEC. 1813. IMPROVING CONTRACTOR COMPLIANCE.
(a) Requirements for the Office of Small and Disadvantaged Business
Utilization.--Section 15(k) of the Small Business Act (15 U.S.C.
644(k)(8)), as amended by this Act, is further amended by inserting
after paragraph (18) (as inserted by section 1812 of this Act) the
following new paragraph:
``(19) shall provide assistance to a small business concern
awarded a contract or subcontract under this Act or under title
10 or title 41, United States Code, in finding resources for
education and training on compliance with contracting
regulations (including the Federal Acquisition Regulation) after
award of such a contract or subcontract; and''.
(b) Requirements Under the Mentor-Protege Program of the Department
of Defense.--Section 831(e)(1) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1607; 10 U.S.C. 2302
note) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) the assistance the mentor firm will provide to
the protege firm in understanding contract regulations
of the Federal Government and the Department of Defense
[[Page 130 STAT. 2653]]
(including the Federal Acquisition Regulation and the
Defense Federal Acquisition Regulation Supplement) after
award of a subcontract under this section, if
applicable.''.
(c) Resources for Small Business Concerns.--Section 15 of the Small
Business Act (15 U.S.C. 644) is amended by adding at the end the
following new subsection:
``(u) Post-Award Compliance Resources.--The Administrator shall
provide to small business development centers and entities participating
in the Procurement Technical Assistance Cooperative Agreement Program
under chapter 142 of title 10, United States Code, and shall make
available on the website of the Administration, a list of resources for
small business concerns seeking education and assistance on compliance
with contracting regulations (including the Federal Acquisition
Regulation) after award of a contract or subcontract.''.
(d) Requirements for Procurement Center Representatives.--Section
15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is amended--
(1) by redesignating subparagraph (I) as subparagraph (J);
(2) in subparagraph (H), by striking ``and'' at the end; and
(3) by inserting after subparagraph (H) the following new
subparagraph:
``(I) assist small business concerns with finding
resources for education and training on compliance with
contracting regulations (including the Federal
Acquisition Regulation) after award of a contract or
subcontract; and''.
(e) Requirements Under the Mentor-Protege Program of the Small
Business Administration.--Section 45(b)(3) of the Small Business Act (15
U.S.C. 657r(b)(3)) is amended by adding at the end the following new
subparagraph:
``(K) The types of assistance provided by a mentor
to assist with compliance with the requirements of
contracting with the Federal Government after award of a
contract or subcontract under this section.''.
SEC. 1814. IMPROVING EDUCATION ON SMALL BUSINESS REGULATIONS.
(a) Regulatory Changes and Training Materials.--Section 15 of the
Small Business Act (15 U.S.C. 644), as amended by section 1813, is
further amended by adding at the end the following new subsection:
``(v) Regulatory Changes and Training Materials.--Not less than
annually, the Administrator shall provide to the Defense Acquisition
University (established under section 1746 of title 10, United States
Code), the Federal Acquisition Institute (established under section 1201
of title 41, United States Code), the individual responsible for
mandatory training and education of the acquisition workforce of each
agency (described under section 1703(f)(1)(C) of title 41, United States
Code), small business development centers, and entities participating in
the Procurement Technical Assistance Cooperative Agreement Program under
chapter 142 of title 10, United States Code--
``(1) a list of all changes made in the prior year to
regulations promulgated--
``(A) by the Administrator that affect Federal
acquisition; and
[[Page 130 STAT. 2654]]
``(B) by the Federal Acquisition Council that
implement amendments to this Act; and
``(2) any materials the Administrator has developed that
explain, train, or assist Federal agencies or departments or
small business concerns with compliance with the regulations
described in paragraph (1).''.
(b) <<NOTE: 15 USC 644 note.>> Training To Be Updated.--After
receipt of information from the Administrator of the Small Business
Administration pursuant to section 15(v) of the Small Business Act, the
Defense Acquisition University (established under section 1746 of title
10, United States Code) and the Federal Acquisition Institute
(established under section 1201 of title 41, United States Code) shall
periodically update the training provided to the acquisition workforce
to incorporate such information.
Subtitle C--Strengthening Opportunities for Competition in
Subcontracting
SEC. 1821. GOOD FAITH IN SUBCONTRACTING.
(a) Transparency in Subcontracting Goals.--Section 8(d)(9) of the
Small Business Act (15 U.S.C. 637(d)(9)) is amended--
(1) by striking ``(9) The failure'' and inserting the
following:
``(9) Material breach.--The failure'';
(2) in subparagraph (A), by striking ``or'' at the end;
(3) in subparagraph (B), by inserting ``or'' at the end;
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) assurances provided under paragraph (6)(E),'';
and
(5) by moving the margins of subparagraphs (A) and (B), and
the matter after subparagraph (C) (as inserted by paragraph
(4)), 2 ems to the right.
(b) Review of Subcontracting Plans.--Section 15(k) of the Small
Business Act (15 U.S.C. 644(k)) as amended by this Act, is further
amended by inserting after paragraph (19) (as inserted by section 1813
of this Act) the following new paragraph:
``(20) shall review all subcontracting plans required by
paragraph (4) or (5) of section 8(d) to ensure that the plan
provides maximum practicable opportunity for small business
concerns to participate in the performance of the contract to
which the plan applies.''.
(c) <<NOTE: 15 USC 637 note.>> Good Faith Compliance.--Not later
than 270 days after the date of enactment of this title, the
Administrator of the Small Business Administration shall provide
examples of activities that would be considered a failure to make a good
faith effort to comply with the requirements imposed on an entity (other
than a small business concern as defined under section 3 of the Small
Business Act (15 U.S.C. 632)) that is awarded a prime contract
containing the clauses required under paragraph (4) or (5) of section
8(d) of the Small Business Act (15 U.S.C. 637(d)).
SEC. 1822. PILOT PROGRAM TO PROVIDE OPPORTUNITIES FOR QUALIFIED
SUBCONTRACTORS TO OBTAIN PAST
PERFORMANCE RATINGS.
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended
by adding at the end the following new paragraph:
[[Page 130 STAT. 2655]]
``(17) Pilot Program Providing Past Performance Ratings for Other
Small Business Subcontractors.--
``(A) Establishment.--The Administrator shall establish a
pilot program for a small business concern without a past
performance rating as a prime contractor performing as a first
tier subcontractor for a covered contract (as defined in
paragraph 13(A)) to request a past performance rating in the
system used by the Federal Government to monitor or record
contractor past performance.
``(B) Application.--A small business concern described in
subparagraph (A) shall submit an application to the appropriate
official for a past performance rating no later than 270 days
after the small business concern completed the work for which it
seeks a past performance rating or 180 days after the prime
contractor completes work on the covered contract, whichever is
earlier. Such application shall include written evidence of the
past performance factors for which the small business concern
seeks a rating and a suggested rating.
``(C) Determination.--The appropriate official shall submit
the application from the small business concern to the Office of
Small and Disadvantaged Business Utilization for the covered
contract and to the prime contractor for review. The Office of
Small and Disadvantaged Business Utilization and the prime
contractor shall, not later than 30 days after receipt of the
application, submit to the appropriate official a response
regarding the application.
``(i) Agreement on rating.--If the Office of Small
and Disadvantaged Business Utilization and the prime
contractor agree on a past performance rating, or if
either the Office of Small and Disadvantaged Business
Utilization or the prime contractor fail to respond and
the responding person agrees with the rating of the
applicant small business concern, the appropriate
official shall enter the agreed-upon past performance
rating in the system described in subparagraph (A).
``(ii) Disagreement on rating.--If the Office of
Small and Disadvantaged Business Utilization and the
prime contractor fail to respond within 30 days or if
they disagree about the rating, or if either the Office
of Small and Disadvantaged Business Utilization or the
prime contractor fail to respond and the responding
person disagrees with the rating of the applicant small
business concern, the Office of Small and Disadvantaged
Business Utilization or the prime contractor shall
submit a notice contesting the application to the
appropriate official. The appropriate official shall
follow the requirements of subparagraph (D).
``(D) Procedure for rating.--Not later than 14 calendar days
after receipt of a notice under subparagraph (C)(ii), the
appropriate official shall submit such notice to the applicant
small business concern. Such concern may submit comments,
rebuttals, or additional information relating to the past
performance of such concern not later 14 calendar days after
receipt of such notice. The appropriate official shall enter
into the system described in subparagraph (A) a rating that is
neither favorable nor unfavorable along with the initial
application from such concern, any responses of the Office of
Small
[[Page 130 STAT. 2656]]
and Disadvantaged Business Utilization and the prime contractor,
and any additional information provided by such concern. A copy
of the information submitted shall be provided to the
contracting officer (or designee of such officer) for the
covered contract.
``(E) Use of information.--A small business subcontractor
may use a past performance rating given under this paragraph to
establish its past performance for a prime contract.
``(F) Duration.--The pilot program established under this
paragraph shall terminate 3 years after the date on which the
first applicant small business concern receives a past
performance rating for performance as a first tier
subcontractor.
``(G) Report.--The Comptroller General of the United States
shall begin an assessment of the pilot program 1 year after the
establishment of such program. Not later than 6 months after
beginning such assessment, the Comptroller General shall submit
a report to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House
of Representatives, which shall include--
``(i) the number of small business concerns that
have received past performance ratings under the pilot
program;
``(ii) the number of applications in which the
contracting officer (or designee) or the prime
contractor contested the application of the small
business concern;
``(iii) any suggestions or recommendations the
Comptroller General or the small business concerns
participating in the program have to address disputes
between the small business concern, the contracting
officer (or designee), and the prime contractor on past
performance ratings;
``(iv) the number of small business concerns awarded
prime contracts after receiving a past performance
rating under this pilot program; and
``(v) any suggestions or recommendation the
Comptroller General has to improve the operation of the
pilot program.
``(H) Appropriate official defined.--In this paragraph, the
term `appropriate official' means--
``(i) a commercial market representative;
``(ii) another individual designated by the senior
official appointed by the Administrator with
responsibilities under sections 8, 15, 31, and 36; or
``(iii) the Office of Small and Disadvantaged
Business Utilization of a Federal agency, if the head of
the Federal agency and the Administrator agree.''.
SEC. 1823. AMENDMENTS TO THE MENTOR-PROTEGE PROGRAM OF THE
DEPARTMENT OF DEFENSE.
Section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1607; 10 U.S.C. 2302 note) is
amended--
(1) by amending subsection (d) to read as follows:
``(d) Mentor Firm Eligibility.--
``(1) Subject to subsection (c)(1), a mentor firm may enter
into an agreement with one or more protege firms under
subsection (e) and provide assistance under the program pursuant
to that agreement if the mentor firm--
[[Page 130 STAT. 2657]]
``(A) is eligible for award of Federal contracts;
and
``(B) demonstrates that it--
``(i) is qualified to provide assistance that
will contribute to the purpose of the program;
``(ii) is of good financial health and
character and does not appear on a Federal list of
debarred or suspended contractors; and
``(iii) can impart value to a protege firm
because of experience gained as a Department of
Defense contractor or through knowledge of general
business operations and government contracting, as
demonstrated by evidence that--
``(I) during the fiscal year
preceding the fiscal year in which the
mentor firm enters into the agreement,
the total amount of the Department of
Defense contracts awarded such mentor
firm and the subcontracts awarded such
mentor firm under Department of Defense
contracts was equal to or greater than
$100,000,000; or
``(II) the mentor firm demonstrates
the capability to assist in the
development of protege firms, and is
approved by the Secretary of Defense
pursuant to criteria specified in the
regulations prescribed pursuant to
subsection (k).
``(2) A mentor firm may not enter into an agreement with a
protege firm if the Administrator of the Small Business
Administration has made a determination finding affiliation
between the mentor firm and the protege firm.
``(3) If the Administrator of the Small Business
Administration has not made such a determination and if the
Secretary has reason to believe (based on the regulations
promulgated by the Administrator regarding affiliation) that the
mentor firm is affiliated with the protege firm, the Secretary
shall request a determination regarding affiliation from the
Administrator of the Small Business Administration.'';
(2) in subsection (n), by amending paragraph (9) to read as
follows:
``(9) The term `affiliation', with respect to a relationship
between a mentor firm and a protege firm, means a relationship
described under section 121.103 of title 13, Code of Federal
Regulations (or any successor regulation).''; and
(3) in subsection (f)(6)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) women's business centers described in section
29 of the Small Business Act (15 U.S.C. 656).''.
Subtitle D--Miscellaneous Provisions
SEC. 1831. IMPROVEMENTS TO SIZE STANDARDS FOR SMALL AGRICULTURAL
PRODUCERS.
(a) Amendment to Definition of Agricultural Enterprises.--Paragraph
(1) of section 18(b) of the Small Business Act
[[Page 130 STAT. 2658]]
(15 U.S.C. 647(b)(1)) is amended by striking ``businesses'' and
inserting ``small business concerns''.
(b) Equal Treatment of Small Farms.--Paragraph (1) of section 3(a)
of the Small Business Act (15 U.S.C. 632(a)(1)) is amended by striking
``operation: Provided,'' and all that follows through the period at the
end and inserting ``operation.''.
(c) <<NOTE: 15 USC 632 note.>> Updated Size Standards.--Size
standards established for agricultural enterprises under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)) shall be subject to the
rolling review procedures established under section 1344(a) of the Small
Business Jobs Act of 2010 (15 U.S.C. 632 note).
SEC. 1832. UNIFORMITY IN SERVICE-DISABLED VETERAN DEFINITIONS.
(a) Small Business Definition of Small Business Concern
Consolidated.--Section 3(q) of the Small Business Act (15 U.S.C. 632(q))
is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Small business concern owned and controlled by
service-disabled veterans.--The term `small business concern
owned and controlled by service-disabled veterans' means any of
the following:
``(A) A small business concern--
``(i) not less than 51 percent of which is
owned by one or more service-disabled veterans or,
in the case of any publicly owned business, not
less than 51 percent of the stock (not including
any stock owned by an ESOP) of which is owned by
one or more service-disabled veterans; and
``(ii) the management and daily business
operations of which are controlled by one or more
service-disabled veterans or, in the case of a
veteran with permanent and severe disability, the
spouse or permanent caregiver of such veteran.
``(B) A small business concern--
``(i) not less than 51 percent of which is
owned by one or more service-disabled veterans
with a disability that is rated by the Secretary
of Veterans Affairs as a permanent and total
disability who are unable to manage the daily
business operations of such concern; or
``(ii) in the case of a publicly owned
business, not less than 51 percent of the stock
(not including any stock owned by an ESOP) of
which is owned by one or more such veterans.
``(C)(i) During the time period described in clause
(ii), a small business concern that was a small business
concern described in subparagraph (A) or (B) immediately
prior to the death of a service-disabled veteran who was
the owner of the concern, the death of whom causes the
concern to be less than 51 percent owned by one or more
service-disabled veterans, if--
``(I) the surviving spouse of the deceased
veteran acquires such veteran's ownership interest
in such concern;
``(II) such veteran had a service-connected
disability (as defined in section 101(16) of title
38, United States Code) rated as 100 percent
disabling under the
[[Page 130 STAT. 2659]]
laws administered by the Secretary of Veterans
Affairs or such veteran died as a result of a
service-connected disability; and
``(III) immediately prior to the death of such
veteran, and during the period described in clause
(ii), the small business concern is included in
the database described in section 8127(f) of title
38, United States Code.
``(ii) The time period described in this clause is
the time period beginning on the date of the veteran's
death and ending on the earlier of--
``(I) the date on which the surviving spouse
remarries;
``(II) the date on which the surviving spouse
relinquishes an ownership interest in the small
business concern; or
``(III) the date that is 10 years after the
date of the death of the veteran.''; and
(2) by adding at the end the following new paragraphs:
``(6) ESOP.--The term `ESOP' has the meaning given the term
`employee stock ownership plan' in section 4975(e)(7) of the
Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)).
``(7) Surviving spouse.--The term `surviving spouse' has the
meaning given such term in section 101(3) of title 38, United
States Code.''.
(b) Veterans Affairs Definition of Small Business Concern
Consolidated.--
(1) In general.--Section 8127 of title 38, United States
Code, is amended--
(A) by striking subsection (h) and redesignating
subsections (i) through (l) as subsections (h) through
(k), respectively; and
(B) in subsection (k), as so redesignated--
(i) by amending paragraph (2) to read as
follows:
``(2) The term `small business concern owned and controlled
by veterans' has the meaning given that term under section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).''; and
(ii) by adding at the end the following new
paragraph:
``(3) The term `small business concern owned and controlled
by veterans with service-connected disabilities' has the meaning
given the term `small business concern owned and controlled by
service-disabled veterans' under section 3(q)(2) of the Small
Business Act (15 U.S.C. 632(q)(2)).''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by inserting ``or a small
business concern owned and controlled by veterans with
service-connected disabilities'' after ``a small
business concern owned and controlled by veterans'';
(B) in subsection (c), by inserting ``or a small
business concern owned and controlled by veterans with
service-connected disabilities'' after ``a small
business concern owned and controlled by veterans'';
(C) in subsection (d) by inserting ``or small
business concerns owned and controlled by veterans with
service-connected disabilities'' after ``small business
concerns
[[Page 130 STAT. 2660]]
owned and controlled by veterans'' both places it
appears; and
(D) in subsection (f)(1), by inserting ``, small
business concerns owned and controlled by veterans with
service-connected disabilities,'' after ``small business
concerns owned and controlled by veterans''.
(c) Technical Correction.--Section 8(d)(3) of the Small Business Act
(15 U.S.C. 637(d)(3)), is amended by adding at the end the following new
subparagraph:
``(H) In this contract, the term `small business concern
owned and controlled by service-disabled veterans' has the
meaning given that term in section 3(q).''.
(d) Regulations Relating to Database of the Secretary of Veterans
Affairs.--
(1) Requirement to use certain small business administration
regulations.--Section 8127(f)(4) of title 38, United States
Code, is amended by striking ``verified'' and inserting
``verified, using regulations issued by the Administrator of the
Small Business Administration with respect to the status of the
concern as a small business concern and the ownership and
control of such concern,''.
(2) Prohibition on secretary of veterans affairs issuing
certain regulations.--Section 8127(f) of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(7) The Secretary may not issue regulations related to the status
of a concern as a small business concern and the ownership and control
of such small business concern.''.
(e) <<NOTE: 15 USC 632 note.>> Delayed Effective Date.--The
amendments made by subsections (a), (b), (c), and (d) shall take effect
on the date on which the Administrator of the Small Business
Administration and the Secretary of Veterans Affairs jointly issue
regulations implementing such sections.
(f) Appeals of Inclusion in Database.--
(1) In general.--Section 8127(f) of title 38, United States
Code, as amended by this section, is further amended by adding
at the end the following new paragraph:
``(8)(A) If a small business concern is not included in the database
because the Secretary does not verify the status of the concern as a
small business concern or the ownership or control of the concern, the
concern may appeal the denial of verification to the Office of Hearings
and Appeals of the Small Business Administration (as established under
section 5(i) of the Small Business Act). The decision of the Office of
Hearings and Appeals shall be considered a final agency action.
``(B)(i) If an interested party challenges the inclusion in the
database of a small business concern owned and controlled by veterans or
a small business concern owned and controlled by veterans with service-
connected disabilities based on the status of the concern as a small
business concern or the ownership or control of the concern, the
challenge shall be heard by the Office of Hearings and Appeals of the
Small Business Administration as described in subparagraph (A). The
decision of the Office of Hearings and Appeals shall be considered final
agency action.
``(ii) In this subparagraph, the term `interested party' means--
``(I) the Secretary; or
[[Page 130 STAT. 2661]]
``(II) in the case of a small business concern that is
awarded a contract, the contracting officer of the Department or
another small business concern that submitted an offer for the
contract that was awarded to the small business concern that is
the subject of a challenge made under clause (i).
``(C) For each fiscal year, the Secretary shall reimburse the
Administrator of the Small Business Administration in an amount
necessary to cover any cost incurred by the Office of Hearings and
Appeals of the Small Business Administration for actions taken by the
Office under this paragraph. The Administrator is authorized to accept
such reimbursement. The amount of any such reimbursement shall be
determined jointly by the Secretary and the Administrator and shall be
provided from fees collected by the Secretary under multiple-award
schedule contracts. Any disagreement about the amount shall be resolved
by the Director of the Office of Management and Budget.''.
(2) <<NOTE: 38 USC 8127 note.>> Effective date.--Paragraph
(8) of subsection (f) of title 38, United States Code, as added
by paragraph (1), shall apply with respect to a verification
decision made by the Secretary of Veterans Affairs on or after
the date of the enactment of this Act.
SEC. 1833. OFFICE OF HEARINGS AND APPEALS.
(a) Clarification as to Jurisdiction.--Section 5(i)(1)(B) of the
Small Business Act (15 U.S.C. 634(i)(1)(B)) is amended to read as
follows:
``(B) Jurisdiction.--
``(i) In general.--Except as provided in
clause (ii), the Office of Hearings and Appeals
shall hear appeals of agency actions under or
pursuant to this Act, the Small Business
Investment Act of 1958 (15 U.S.C. 661 et seq.),
and title 13 of the Code of Federal Regulations,
and shall hear such other matters as the
Administrator may determine appropriate.
``(ii) Exception.--The Office of Hearings and
Appeals shall not adjudicate disputes that require
a hearing on the record, except disputes
pertaining to the small business programs
described in this Act.''.
(b) New Rules or Guidance for Petitions for Reconsideration.--
Section 3(a)(9) of the Small Business Act (15 U.S.C. 632(a)(9)) is
amended by adding at the end the following new subparagraph:
``(E) Rules or guidance.--The Office of Hearings and
Appeals shall begin accepting petitions for
reconsideration described in subparagraph (A) after the
date on which the Administration issues a rule or other
guidance implementing this paragraph. Notwithstanding
the provisions of subparagraph (B), petitions for
reconsideration of size standards revised, modified, or
established in a Federal Register final rule published
between November 25, 2015, and the effective date of
such rule or other guidance shall be considered timely
if filed within 30 days of such effective date.''.
SEC. 1834. EXTENSION OF SBIR AND STTR PROGRAMS.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m))
is amended by striking ``September 30, 2017'' and inserting ``September
30, 2022''.
[[Page 130 STAT. 2662]]
(b) STTR.--Section 9(n)(1) of the Small Business Act (15 U.S.C.
638(n)(1)) is amended by striking ``fiscal year 2017'' and inserting
``fiscal year 2022''.
SEC. 1835. <<NOTE: 15 USC 632 note.>> ISSUANCE OF GUIDANCE ON
SMALL BUSINESS MATTERS.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Small Business Administration and the Secretary of
Veterans Affairs shall issue guidance pertaining to the amendments made
by this title to the Small Business Act and section 8127 of title 38,
United States Code. The Administrator and the Secretary shall provide
notice and opportunity for comment on such guidance for a period of not
less than 60 days.
Subtitle E--Improving Cyber Preparedness for Small Businesses
SEC. 1841. SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY AND
OUTREACH.
(a) Small Business Development Center Cyber Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Small
Business Administration and the Secretary of Homeland Security
shall work collaboratively to develop a cyber strategy for small
business development centers to be known as the ``Small Business
Development Center Cyber Strategy''.
(2) Consultation.--In developing the strategy under this
subsection, the Administrator of the Small Business
Administration and the Secretary of Homeland Security shall
consult with entities representing the concerns of small
business development centers, including any association
recognized under section 21(a)(3)(A) of the Small Business Act
(15 U.S.C. 648(a)(3)(A)).
(3) Content.--The strategy required under paragraph (1)
shall include, at minimum, the following:
(A) Plans for allowing small business development
centers (hereinafter in this paragraph referred to as
``SBDCs'') to access existing cyber programs of the
Department of Homeland Security and other appropriate
Federal agencies to enhance services and streamline
cyber assistance to small business concerns.
(B) To the extent practicable, methods for providing
counsel and assistance to improve a small business
concern's cybersecurity infrastructure, awareness of
cyber threat indicators, and cyber training programs for
employees, including--
(i) working to ensure individuals are aware of
best practices in the areas of cybersecurity,
awareness of cyber threat indicators, and cyber
training;
(ii) working with individuals to develop cost-
effective plans for implementing best practices in
these areas;
(iii) entering into agreements, where
practical, with Information Sharing and Analysis
Centers or similar entities that share cyber
information to gain an awareness of actionable
cyber threat indicators that may be beneficial to
small business concerns; and
[[Page 130 STAT. 2663]]
(iv) providing referrals to area specialists
when necessary.
(C) An analysis of--
(i) how Federal Government programs, projects,
and activities can be leveraged by SBDCs to
improve access to high-quality cyber support for
small business concerns;
(ii) additional resources SBDCs may need to
effectively carry out their role; and
(iii) how SBDCs can leverage existing
partnerships and develop new partnerships with
Federal, State, and local government entities as
well as private entities to improve the quality of
cyber support services to small business concerns.
(4) Delivery of strategy.--Not later than 1 year after the
date of the enactment of this Act, the Small Business
Administrator and the Secretary of Homeland Security shall
submit to the Committees on Homeland Security and Small Business
of the House of Representatives and the Committees on Homeland
Security and Governmental Affairs and Small Business and
Entrepreneurship of the Senate the Small Business Development
Center Cyber Strategy developed under paragraph (1).
(5) Definitions.--In this subsection, the following
definitions shall apply:
(A) Cyber threat indicator.--The term ``cyber threat
indicator'' has the meaning given such term in section
227(a) of the Homeland Security Act of 2002 (6 U.S.C.
148(a)).
(B) Small business development center.--The term
``small business development center'' has the meaning
given such term in section 3 of the Small Business Act
(15 U.S.C. 632).
(b) Cybersecurity Outreach for Small Business Development Centers.--
Section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection:
``(l) Cybersecurity Outreach.--
``(1) In general.--The Secretary may leverage small business
development centers to provide assistance to small business
concerns by disseminating information on cyber threat
indicators, defense measures, cybersecurity risks, incidents,
analyses, and warnings to help small business concerns in
developing or enhancing cybersecurity infrastructure, awareness
of cyber threat indicators, and cyber training programs for
employees.
``(2) Definitions.--For purposes of this subsection, the
terms `small business concern' and `small business development
center' have the meaning given such terms, respectively, under
section 3 of the Small Business Act.''.
SEC. 1842. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN
CYBERSECURITY AND PREPAREDNESS.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended--
[[Page 130 STAT. 2664]]
(1) in subsection (a)(1), by striking ``and providing access
to business analysts who can refer small business concerns to
available experts:'' and inserting ``providing access to
business analysts who can refer small business concerns to
available experts; and, to the extent practicable, providing
assistance in furtherance of the Small Business Development
Center Cyber Strategy developed under section 1841(a) of the
National Defense Authorization Act for Fiscal Year 2017:''; and
(2) in subsection (c)(2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end of the following new
subparagraph:
``(G) access to cybersecurity specialists to counsel,
assist, and inform small business concern clients, in
furtherance of the Small Business Development Center Cyber
Strategy developed under section 1841(a) of the National Defense
Authorization Act for Fiscal Year 2017.''.
SEC. 1843. ADDITIONAL CYBERSECURITY ASSISTANCE FOR SMALL BUSINESS
DEVELOPMENT CENTERS.
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is
amended by adding at the end the following new paragraph:
``(8) Cybersecurity assistance.--
``(A) In general.--The Department of Homeland
Security, and any other Federal department or agency in
coordination with the Department of Homeland Security,
may leverage small business development centers to
provide assistance to small business concerns by
disseminating information relating to cybersecurity
risks and other homeland security matters to help small
business concerns in developing or enhancing
cybersecurity infrastructure, awareness of cyber threat
indicators, and cyber training programs for employees.
``(B) Definitions.--In this paragraph, the terms
`cybersecurity risk' and `cyber threat indicator' have
the meanings given such terms, respectively, under
section 227(a) of the Homeland Security Act of 2002 (6
U.S.C. 148(a)).''.
SEC. 1844. PROHIBITION ON ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to carry out
sections 1841 through 1843 or the amendments made by such sections.
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.
[[Page 130 STAT. 2665]]
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.
SEC. 1901. DEPARTMENT OF HOMELAND SECURITY COORDINATION.
(a) In General.--Subsection (d) of section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113) is amended by adding at the end the
following new paragraph:
``(5) Any Director of a Joint Task Force under section
708.''.
(b) Joint Task Forces.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 708. <<NOTE: 6 USC 348.>> JOINT TASK FORCES.
``(a) Definition.--In this section, the term `situational awareness'
means knowledge and unified understanding of unlawful cross-border
activity, including--
``(1) threats and trends concerning illicit trafficking and
unlawful crossings;
``(2) the ability to forecast future shifts in such threats
and trends;
``(3) the ability to evaluate such threats and trends at a
level sufficient to create actionable plans; and
``(4) the operational capability to conduct continuous and
integrated surveillance of the air, land, and maritime borders
of the United States.
``(b) Joint Task Forces.--
``(1) Establishment.--The Secretary may establish and
operate departmental Joint Task Forces to conduct joint
operations using personnel and capabilities of the Department
for the purposes specified in paragraph (2).
``(2) Purposes.--
``(A) In general.--Subject to subparagraph (B), the
purposes referred to in paragraph (1) are or relate to
the following:
``(i) Securing the land and maritime borders
of the United States.
``(ii) Homeland security crises.
``(iii) Establishing regionally-based
operations.
``(B) Limitation.--
``(i) In general.--The Secretary may not
establish a Joint Task Force for any major
disaster or emergency declared under the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) or an incident for
which the Federal Emergency Management Agency has
primary responsibility for management of the
response under title V of this Act, including
section 504(a)(3)(A), unless the responsibilities
of such a Joint Task Force--
``(I) do not include operational
functions related to incident
management, including coordination of
operations; and
``(II) are consistent with the
requirements of paragraphs (3) and
(4)(A) of section 503(c) and section
509(c) of this Act, and section 302 of
the
[[Page 130 STAT. 2666]]
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5143).
``(ii) Responsibilities and functions not
reduced.--Nothing in this section may be construed
to reduce the responsibilities or functions of the
Federal Emergency Management Agency or the
Administrator of the Agency under title V of this
Act or any other provision of law, including the
diversion of any asset, function, or mission from
the Agency or the Administrator of the Agency
pursuant to section 506.
``(3) Joint task force directors.--
``(A) Director.--Each Joint Task Force established
and operated pursuant to paragraph (1) shall be headed
by a Director, appointed by the President, for a term of
not more than two years. The Secretary shall submit to
the President recommendations for such appointments
after consulting with the heads of the components of the
Department with membership on any such Joint Task Force.
Any Director appointed by the President shall be--
``(i) a current senior official of the
Department with not less than one year of
significant leadership experience at the
Department; or
``(ii) if no suitable candidate is available
at the Department, an individual with--
``(I) not less than one year of
significant leadership experience in a
Federal agency since the establishment
of the Department; and
``(II) a demonstrated ability in,
knowledge of, and significant experience
working on the issues to be addressed by
any such Joint Task Force.
``(B) Extension.--The Secretary may extend the
appointment of a Director of a Joint Task Force under
subparagraph (A) for not more than two years if the
Secretary determines that such an extension is in the
best interest of the Department.
``(4) Joint task force deputy directors.--For each Joint
Task Force, the Secretary shall appoint a Deputy Director who
shall be an official of a different component or office of the
Department than the Director of such Joint Task Force.
``(5) Responsibilities.--The Director of a Joint Task Force,
subject to the oversight, direction, and guidance of the
Secretary, shall--
``(A) when established for the purpose referred to
in paragraph (2)(A)(i), maintain situational awareness
within the areas of responsibility of the Joint Task
Force, as determined by the Secretary;
``(B) provide operational plans and requirements for
standard operating procedures and contingency operations
within the areas of responsibility of the Joint Task
Force, as determined by the Secretary;
``(C) plan and execute joint task force activities
within the areas of responsibility of the Joint Task
Force, as determined by the Secretary;
``(D) set and accomplish strategic objectives
through integrated operational planning and execution;
``(E) exercise operational direction over personnel
and equipment from components and offices of the
Department
[[Page 130 STAT. 2667]]
allocated to the Joint Task Force to accomplish the
objectives of the Joint Task Force;
``(F) when established for the purpose referred to
in paragraph (2)(A)(i), establish operational and
investigative priorities within the areas of
responsibility of the Joint Task Force, as determined by
the Secretary;
``(G) coordinate with foreign governments and other
Federal, State, and local agencies, as appropriate, to
carry out the mission of the Joint Task Force; and
``(H) carry out other duties and powers the
Secretary determines appropriate.
``(6) Personnel and resources.--
``(A) In general.--The Secretary may, upon request
of the Director of a Joint Task Force, and giving
appropriate consideration of risk to the other primary
missions of the Department, allocate to such Joint Task
Force on a temporary basis personnel and equipment of
components and offices of the Department.
``(B) Cost neutrality.--A Joint Task Force may not
require more resources than would have otherwise been
required by the Department to carry out the duties
assigned to such Joint Task Force if such Joint Task
Force had not been established.
``(C) Location of operations.--In establishing a
location of operations for a Joint Task Force, the
Secretary shall, to the extent practicable, use existing
facilities that integrate efforts of components of the
Department and State, local, tribal, or territorial law
enforcement or military entities.
``(D) Consideration of impact.--When reviewing
requests for allocation of component personnel and
equipment under subparagraph (A), the Secretary shall
consider the impact of such allocation on the ability of
the donating component or office to carry out the
primary missions of the Department, and in the case of
the Coast Guard, the missions specified in section 888.
``(E) Limitation.--Personnel and equipment of the
Coast Guard allocated under this paragraph may be used
only to carry out operations and investigations related
to the missions specified in section 888.
``(F) Report.--The Secretary shall, at the time the
budget of the President is submitted to Congress for a
fiscal year under section 1105(a) of title 31, United
States Code, submit to the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and
Transportation of the Senate a report on the total
funding, personnel, and other resources that each
component or office of the Department allocated under
this paragraph to each Joint Task Force to carry out the
mission of such Joint Task Force during the fiscal year
immediately preceding each such report, and a
description of the degree to which the resources drawn
from each component or office impact the primary mission
of such component or office.
[[Page 130 STAT. 2668]]
``(7) Component resource authority.--As directed by the
Secretary--
``(A) each Director of a Joint Task Force shall be
provided sufficient resources from relevant components
and offices of the Department and the authority
necessary to carry out the missions and responsibilities
of such Joint Task Force required under this section;
``(B) the resources referred to in subparagraph (A)
shall be under the operational authority, direction, and
control of the Director of the Joint Task Force to which
such resources are assigned; and
``(C) the personnel and equipment of each Joint Task
Force shall remain under the administrative direction of
the head of the component or office of the Department
that provided such personnel or equipment.
``(8) Joint task force staff.--Each Joint Task Force shall
have a staff, composed of officials from relevant components and
offices of the Department, to assist the Director of such Joint
Task Force in carrying out the mission and responsibilities of
such Joint Task Force.
``(9) Establishment of performance metrics.--The Secretary
shall--
``(A) establish outcome-based and other appropriate
performance metrics to evaluate the effectiveness of
each Joint Task Force;
``(B) not later than 120 days after the date of the
enactment of this section and 120 days after the
establishment of a new Joint Task Force, as appropriate,
submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate the
metrics established under subparagraph (A).
``(C) not later than January 31 of each year
beginning in 2017, submit to each committee specified in
subparagraph (B) a report that contains the evaluation
described in subparagraph (A).
``(10) Joint duty training program.--
``(A) In general.--The Secretary shall--
``(i) establish a joint duty training program
in the Department for the purposes of--
``(I) enhancing coordination within
the Department; and
``(II) promoting workforce
professional development; and
``(ii) tailor such joint duty training program
to improve joint operations as part of the Joint
Task Forces.
``(B) Elements.--The joint duty training program
established under subparagraph (A) shall address, at a
minimum, the following topics:
``(i) National security strategy.
``(ii) Strategic and contingency planning.
``(iii) Command and control of operations
under joint command.
``(iv) International engagement.
[[Page 130 STAT. 2669]]
``(v) The homeland security enterprise.
``(vi) Interagency collaboration.
``(vii) Leadership.
``(viii) Specific subject matters relevant to
the Joint Task Force, including matters relating
to the missions specified in section 888, to which
the joint duty training program is assigned.
``(C) Training required.--
``(i) Directors and deputy directors.--Except
as provided in clauses (iii) and (iv), an
individual shall complete the joint duty training
program before being appointed Director or Deputy
Director of a Joint Task Force.
``(ii) Joint task force staff.--Each official
serving on the staff of a Joint Task Force shall
complete the joint duty training program within
the first year of assignment to such Joint Task
Force.
``(iii) Exception.--Clause (i) shall not apply
to the first Director or Deputy Director appointed
to a Joint Task Force on or after the date of the
enactment of this section.
``(iv) Waiver.--The Secretary may waive the
application of clause (i) if the Secretary
determines that such a waiver is in the interest
of homeland security or necessary to carry out the
mission for which a Joint Task Force was
established.
``(11) Notification of joint task force formation.--
``(A) In general.--Not later than 90 days before
establishing a Joint Task Force under this subsection,
the Secretary shall submit to the majority leader of the
Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, the majority leader of
the House of Representatives, the minority leader of the
House of Representatives, and the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and
Transportation of the Senate a notification regarding
such establishment.
``(B) Waiver authority.--The Secretary may waive the
requirement under subparagraph (A) in the event of an
emergency circumstance that imminently threatens the
protection of human life or property.
``(12) Review.--
``(A) In general.--Not later than January 31, 2018,
and January 31, 2021, the Inspector General of the
Department shall submit to the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and
Transportation of the Senate a review of the Joint Task
Forces established under this subsection.
``(B) Contents.--The reviews required under
subparagraph (A) shall include--
``(i) an assessment of the effectiveness of
the structure of each Joint Task Force; and
[[Page 130 STAT. 2670]]
``(ii) recommendations for enhancements to
such structure to strengthen the effectiveness of
each Joint Task Force.
``(13) Sunset.--This section expires on September 30, 2022.
``(c) Joint Duty Assignment Program.--After establishing the joint
duty training program under subsection (b)(10), the Secretary shall
establish a joint duty assignment program within the Department for the
purposes of enhancing coordination in the Department and promoting
workforce professional development.''.
(c) <<NOTE: 6 USC 348 note.>> Transition.--An individual serving as
a Director of a Joint Task Force of the Department of Homeland Security
in existence on the day before the date of the enactment of this section
may serve as the Director of such Joint Task Force on and after such
date of enactment until a Director of such Joint Task Force is appointed
pursuant to subparagraph (A) of section 708(b)(3), as added by
subsection (a) of this section.
(d) Conforming Amendments.--The Homeland Security Act of 2002 is
amended--
(1) in subsection (c) of section 506 (6 U.S.C. 316)--
(A) in paragraph (1), by inserting ``, including
through a Joint Task Force established under section
708,'' after ``reduce''; and
(B) in paragraph (2), by inserting ``including a
Joint Task Force established under section 708,'' after
``Department,''; and
(2) in paragraph (2) of section 509(c) (6 U.S.C. 319)--
(A) in the paragraph heading, by inserting ``; joint
task force'' after ``Official''; and
(B) in the matter preceding subparagraph (A), by
inserting ``or Director of a Joint Task Force
established under section 708'' before ``shall''.
(e) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 707 the following new item:
``Sec. 708. Joint Task Forces.''.
SEC. 1902. OFFICE OF STRATEGY, POLICY, AND PLANS OF THE DEPARTMENT
OF HOMELAND SECURITY.
(a) Office of Strategy, Policy, and Plans.--Title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by
section 1901 of this title, is further amended by adding at the end the
following new section:
``SEC. 709. <<NOTE: 6 USC 349.>> OFFICE OF STRATEGY, POLICY, AND
PLANS.
``(a) In General.--There is established in the Department an Office
of Strategy, Policy, and Plans.
``(b) Head of Office.--The Office of Strategy, Policy, and Plans
shall be headed by an Under Secretary for Strategy, Policy, and Plans,
who shall serve as the principal policy advisor to the Secretary. The
Under Secretary for Strategy, Policy, and Plans shall be appointed by
the President, by and with the advice and consent of the Senate.
``(c) Functions.--The Under Secretary for Strategy, Policy, and
Plans shall--
``(1) lead, conduct, and coordinate Department-wide policy
development and implementation and strategic planning;
[[Page 130 STAT. 2671]]
``(2) develop and coordinate policies to promote and ensure
quality, consistency, and integration for the programs,
components, offices, and activities across the Department;
``(3) develop and coordinate strategic plans and long-term
goals of the Department with risk-based analysis and planning to
improve operational mission effectiveness, including
consultation with the Secretary regarding the quadrennial
homeland security review under section 707;
``(4) manage Department leadership councils and provide
analytics and support to such councils;
``(5) manage international coordination and engagement for
the Department;
``(6) review and incorporate, as appropriate, external
stakeholder feedback into Department policy; and
``(7) carry out such other responsibilities as the Secretary
determines appropriate.
``(d) Deputy Under Secretary.--
``(1) In general.--The Secretary may--
``(A) establish within the Office of Strategy,
Policy, and Plans a position of Deputy Under Secretary
to support the Under Secretary for Strategy, Policy, and
Plans in carrying out the Under Secretary's
responsibilities; and
``(B) appoint a career employee to such position.
``(2) Limitation on establishment of deputy under secretary
positions.--A Deputy Under Secretary position (or any
substantially similar position) within the Office of Strategy,
Policy, and Plans may not be established except for the position
provided for by paragraph (1), unless the Secretary receives
prior authorization from Congress.
``(3) Definitions.--For purposes of paragraph (1)--
``(A) the term `career employee' means any employee
(as such term is defined in section 2105 of title 5,
United States Code), but does not include a political
appointee; and
``(B) the term `political appointee' means any
employee who occupies a position which has been excepted
from the competitive service by reason of its
confidential, policy-determining, policy-making, or
policy-advocating character.
``(e) Coordination by Department Components.--To ensure consistency
with the policy priorities of the Department, the head of each component
of the Department shall coordinate with the Office of Strategy, Policy,
and Plans in establishing or modifying policies or strategic planning
guidance with respect to each such component.
``(f) Homeland Security Statistics and Joint Analysis.--
``(1) Homeland security statistics.--The Under Secretary for
Strategy, Policy, and Plans shall--
``(A) establish standards of reliability and
validity for statistical data collected and analyzed by
the Department;
``(B) be provided by the heads of all components of
the Department with statistical data maintained by the
Department regarding the operations of the Department;
``(C) conduct or oversee analysis and reporting of
such data by the Department as required by law or as
directed by the Secretary; and
``(D) ensure the accuracy of metrics and statistical
data provided to Congress.
[[Page 130 STAT. 2672]]
``(2) Transfer of responsibilities.--There shall be
transferred to the Under Secretary for Strategy, Policy, and
Plans the maintenance of all immigration statistical information
of U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, and United States Citizenship and
Immigration Services, which shall include information and
statistics of the type contained in the publication entitled
`Yearbook of Immigration Statistics' prepared by the Office of
Immigration Statistics, including region-by-region statistics on
the aggregate number of applications and petitions filed by an
alien (or filed on behalf of an alien) and denied, and the
reasons for such denials, disaggregated by category of denial
and application or petition type.
``(g) Limitation.--Nothing in this section overrides or otherwise
affects the requirements specified in section 888.''.
(b) Conforming Amendment.--Subparagraph (B) of section 707(a)(3) of
the Homeland Security Act of 2002 (6 U.S.C. 347(a)(3)) is amended by
inserting before the semicolon the following: ``, including the Under
Secretary for Strategy, Policy, and Plans''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 , as amended by section 1901 of this
title, is further amended by inserting after the item relating to
section 708 the following new item:
``Sec. 709. Office of Strategy, Policy, and Plans.''.
SEC. 1903. MANAGEMENT AND EXECUTION.
(a) In General.--Section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (F), by inserting before the
period at the end the following: ``, who shall be first
assistant to the Deputy Secretary of Homeland Security
for purposes of subchapter III of chapter 33 of title 5,
United States Code''; and
(B) by adding at the end the following:
``(K) An Under Secretary for Strategy, Policy, and
Plans.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Absence, disability, or vacancy of secretary or deputy
secretary.--Notwithstanding chapter 33 of title 5, United States
Code, the Under Secretary for Management shall serve as the
Acting Secretary if by reason of absence, disability, or vacancy
in office, neither the Secretary nor Deputy Secretary is
available to exercise the duties of the Office of the Secretary.
``(2) Further order of succession.--Notwithstanding chapter
33 of title 5, United States Code, the Secretary may designate
such other officers of the Department in further order of
succession to serve as Acting Secretary.
``(3) Notification of vacancies.--The Secretary shall notify
the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the House
of Representatives of any vacancies that require notification
under sections 3345 through 3349d of title 5, United States Code
(commonly known as the `Federal Vacancies Reform Act of
1998').''.
[[Page 130 STAT. 2673]]
(b) Under Secretary for Management.--Section 701 of the Homeland
Security Act of 2002 (6 U.S.C. 341) is amended--
(1) in subsection (a)--
(A) by striking paragraph (9) and inserting the
following:
``(9) The management integration and transformation within
each functional management discipline of the Department,
including information technology, financial management,
acquisition management, and human capital management, to ensure
an efficient and orderly consolidation of functions and
personnel in the Department, including--
``(A) the development of centralized data sources
and connectivity of information systems to the greatest
extent practicable to enhance program visibility,
transparency, and operational effectiveness and
coordination;
``(B) the development of standardized and automated
management information to manage and oversee programs
and make informed decisions to improve the efficiency of
the Department;
``(C) the development of effective program
management and regular oversight mechanisms, including
clear roles and processes for program governance,
sharing of best practices, and access to timely,
reliable, and evaluated data on all acquisitions and
investments; and
``(D) the overall supervision, including the conduct
of internal audits and management analyses, of the
programs and activities of the Department, including
establishment of oversight procedures to ensure a full
and effective review of the efforts by components of the
Department to implement policies and procedures of the
Department for management integration and
transformation.'';
(B) by redesignating paragraphs (10) and (11) as
paragraphs (12) and (13), respectively; and
(C) by inserting after paragraph (9) the following:
``(10) The development of a transition and succession plan,
before December 1 of each year in which a Presidential election
is held, to guide the transition of Department functions to a
new Presidential administration, and making such plan available
to the next Secretary and Under Secretary for Management and to
the congressional homeland security committees.
``(11) Reporting to the Government Accountability Office
every six months to demonstrate measurable, sustainable progress
made in implementing the corrective action plans of the
Department to address the designation of the management
functions of the Department on the bi-annual high risk list of
the Government Accountability Office, until the Comptroller
General of the United States submits to the appropriate
congressional committees written notification of removal of the
high-risk designation.'';
(2) by striking subsection (b) and inserting the following:
``(b) Waivers for Conducting Business With Suspended or Debarred
Contractors.--Not later than five days after the date on which the Chief
Procurement Officer or Chief Financial Officer of the Department issues
a waiver of the requirement that an agency not engage in business with a
contractor or other recipient of funds listed as a party suspended or
debarred from receiving contracts, grants, or other types of Federal
assistance in the System
[[Page 130 STAT. 2674]]
for Award Management maintained by the General Services Administration,
or any successor thereto, the Under Secretary for Management shall
submit to the congressional homeland security committees and the
Inspector General of the Department notice of the waiver and an
explanation of the finding by the Under Secretary that a compelling
reason exists for the waiver.'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) System for Award Management Consultation.--The Under Secretary
for Management shall require that all Department contracting and grant
officials consult the System for Award Management (or successor system)
as maintained by the General Services Administration prior to awarding a
contract or grant or entering into other transactions to ascertain
whether the selected contractor is excluded from receiving Federal
contracts, certain subcontracts, and certain types of Federal financial
and non-financial assistance and benefits.''.
SEC. 1904. CHIEF HUMAN CAPITAL OFFICER OF THE DEPARTMENT OF
HOMELAND SECURITY.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended to read as follows:
``SEC. 704. CHIEF HUMAN CAPITAL OFFICER.
``(a) In General.--The Chief Human Capital Officer shall report
directly to the Under Secretary for Management.
``(b) Responsibilities.--In addition to the responsibilities set
forth in chapter 14 of title 5, United States Code, and other applicable
law, the Chief Human Capital Officer of the Department shall--
``(1) develop and implement strategic workforce planning
policies that are consistent with Government-wide leading
principles and in line with Department strategic human capital
goals and priorities, taking into account the special
requirements of members of the Armed Forces serving in the Coast
Guard;
``(2) develop performance measures to provide a basis for
monitoring and evaluating Department-wide strategic workforce
planning efforts;
``(3) develop, improve, and implement policies, including
compensation flexibilities available to Federal agencies where
appropriate, to recruit, hire, train, and retain the workforce
of the Department, in coordination with all components of the
Department;
``(4) identify methods for managing and overseeing human
capital programs and initiatives, in coordination with the head
of each component of the Department;
``(5) develop a career path framework and create
opportunities for leader development in coordination with all
components of the Department;
``(6) lead the efforts of the Department for managing
employee resources, including training and development
opportunities, in coordination with each component of the
Department;
``(7) work to ensure the Department is implementing human
capital programs and initiatives and effectively educating each
component of the Department about these programs and
initiatives;
[[Page 130 STAT. 2675]]
``(8) identify and eliminate unnecessary and duplicative
human capital policies and guidance;
``(9) provide input concerning the hiring and performance of
the Chief Human Capital Officer or comparable official in each
component of the Department; and
``(10) ensure that all employees of the Department are
informed of their rights and remedies under chapters 12 and 23
of title 5, United States Code.
``(c) Component Strategies.--
``(1) In general.--Each component of the Department shall,
in coordination with the Chief Human Capital Officer of the
Department, develop a 5-year workforce strategy for the
component that will support the goals, objectives, and
performance measures of the Department for determining the
proper balance of Federal employees and private labor resources.
``(2) Strategy requirements.--In developing the strategy
required under paragraph (1), each component shall consider the
effect on human resources associated with creating additional
Federal full-time equivalent positions, converting private
contractors to Federal employees, or relying on the private
sector for goods and services.
``(d) Annual Submission.--Not later than 90 days after the date on
which the Secretary submits the annual budget justification for the
Department, the Secretary shall submit to the congressional homeland
security committees a report that includes a table, delineated by
component with actual and enacted amounts, including--
``(1) information on the progress within the Department of
fulfilling the workforce strategies developed under subsection
(c);
``(2) the number of on-board staffing for Federal employees
from the prior fiscal year;
``(3) the total contract hours submitted by each prime
contractor as part of the service contract inventory required
under section 743 of the Financial Services and General
Government Appropriations Act, 2010 (division C of Public Law
111-117; 31 U.S.C. 501 note); and
``(4) the number of full-time equivalent personnel
identified under the Intergovernmental Personnel Act of 1970 (42
U.S.C. 4701 et seq.).
``(e) Limitation.--Nothing in this section overrides or otherwise
affects the requirements specified in section 888.''.
SEC. 1905. DEPARTMENT OF HOMELAND SECURITY TRANSPARENCY.
(a) Feasibility Study.--The Administrator of the Federal Emergency
Management Agency shall initiate a study to determine the feasibility of
gathering data and providing information to Congress on the use of
Federal grant awards, for expenditures of more than $5,000, by entities
that receive a Federal grant award under the Urban Area Security
Initiative and the State Homeland Security Grant Program under sections
2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and
605), respectively.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on
[[Page 130 STAT. 2676]]
Homeland Security and Governmental Affairs a report on the results of
the study required under subsection (a).
SEC. 1906. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 319. <<NOTE: 6 USC 195e.>> TRANSPARENCY IN RESEARCH AND
DEVELOPMENT.
``(a) Requirement to List Research and Development Programs.--
``(1) In general.--The Secretary shall maintain a detailed
list of the following:
``(A) Each classified and unclassified research and
development project, and all appropriate details for
each such project, including the component of the
Department responsible for each such project.
``(B) Each task order for a Federally Funded
Research and Development Center not associated with a
research and development project.
``(C) Each task order for a University-based center
of excellence not associated with a research and
development project.
``(D) The indicators developed and tracked by the
Under Secretary for Science and Technology with respect
to transitioned projects pursuant to subsection (c).
``(2) Exception for certain completed projects.--Paragraph
(1) shall not apply to a project completed or otherwise
terminated before the date of the enactment of this section.
``(3) Updates.--The list required under paragraph (1) shall
be updated as frequently as possible, but not less frequently
than once per quarter.
``(4) Research and development defined.--For purposes of the
list required under paragraph (1), the Secretary shall provide a
definition for the term `research and development'.
``(b) Requirement to Report to Congress on All Projects.--Not later
than January 1, 2017, and annually thereafter, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a classified and unclassified report, as
applicable, that lists each ongoing classified and unclassified project
at the Department, including all appropriate details of each such
project.
``(c) Indicators of Success of Transitioned Projects.--
``(1) In general.--For each project that has been
transitioned to practice from research and development, the
Under Secretary for Science and Technology shall develop and
track indicators to demonstrate the uptake of the technology or
project among customers or end-users.
``(2) Requirement.--To the fullest extent possible, the
tracking of a project required under paragraph (1) shall
continue for the three-year period beginning on the date on
which such project was transitioned to practice from research
and development.
``(d) Definitions.--In this section:
``(1) All appropriate details.--The term `all appropriate
details' means, with respect to a research and development
project--
[[Page 130 STAT. 2677]]
``(A) the name of such project, including both
classified and unclassified names if applicable;
``(B) the name of the component of the Department
carrying out such project;
``(C) an abstract or summary of such project;
``(D) funding levels for such project;
``(E) project duration or timeline;
``(F) the name of each contractor, grantee, or
cooperative agreement partner involved in such project;
``(G) expected objectives and milestones for such
project; and
``(H) to the maximum extent practicable, relevant
literature and patents that are associated with such
project.
``(2) Classified.--The term `classified' means anything
containing--
``(A) classified national security information as
defined in section 6.1 of Executive Order 13526 (50
U.S.C. 3161 note) or any successor order;
``(B) Restricted Data or data that was formerly
Restricted Data, as defined in section 11y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y));
``(C) material classified at the Sensitive
Compartmented Information (SCI) level, as defined in
section 309 of the Intelligence Authorization Act for
Fiscal Year 2001 (50 U.S.C. 3345); or
``(D) information relating to a special access
program, as defined in section 6.1 of Executive Order
13526 (50 U.S.C. 3161 note) or any successor order.
``(3) Controlled unclassified information.--The term
`controlled unclassified information' means information
described as `Controlled Unclassified Information' under
Executive Order 13556 (50 U.S.C. 3501 note) or any successor
order.
``(4) Project.--The term `project' means a research or
development project, program, or activity administered by the
Department, whether ongoing, completed, or otherwise terminated.
``(e) Limitation.--Nothing in this section overrides or otherwise
affects the requirements specified in section 888.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 318 the following new item:
``Sec. 319. Transparency in research and development.''.
SEC. 1907. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOREIGN
FIGHTERS.
(a) Review.--Not later than 30 days after the date of the enactment
of this Act, the President shall initiate a review of known instances
since 2011 in which a person has traveled or attempted to travel to a
conflict zone in Iraq or Syria from the United States to join or provide
material support or resources to a terrorist organization.
(b) Scope of Review.--The review under subsection (a) shall--
(1) include relevant unclassified and classified information
held by the United States Government related to each instance
described in subsection (a);
(2) ascertain which factors, including operational issues,
security vulnerabilities, systemic challenges, or other issues,
[[Page 130 STAT. 2678]]
which may have undermined efforts to prevent the travel of
persons described in subsection (a) to a conflict zone in Iraq
or Syria from the United States, including issues related to the
timely identification of suspects, information sharing,
intervention, and interdiction; and
(3) identify lessons learned and areas that can be improved
to prevent additional travel by persons described in subsection
(a) to a conflict zone in Iraq or Syria, or other terrorist safe
haven abroad, to join or provide material support or resources
to a terrorist organization.
(c) Information Sharing.--The President shall direct the heads of
relevant Federal agencies to provide the appropriate information that
may be necessary to complete the review required under this section.
(d) Submission to Congress.--Not later than 120 days after the date
of the enactment of this Act, the President, consistent with the
protection of classified information, shall submit a report to the
majority leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, the majority leader of the
House of Representatives, the minority leader of the House of
Representatives, and the appropriate congressional committees that
includes the results of the review required under this section,
including information on travel routes of greatest concern, as
appropriate.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Foreign Relations of the
Senate;
(F) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(G) the Committee on Appropriations of the Senate;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Permanent Select Committee on Intelligence
of the House of Representatives;
(J) the Committee on the Judiciary of the House of
Representatives;
(K) the Committee on Armed Services of the House of
Representatives;
(L) the Committee on Foreign Affairs of the House of
Representatives;
(M) the Committee on Appropriations of the House of
Representatives; and
(N) the Committee on Financial Services of the House
of Representatives.
(2) Material support or resources.--The term ``material
support or resources'' has the meaning given such term in
section 2339A of title 18, United States Code.
SEC. 1908. <<NOTE: 6 USC 123 note.>> NATIONAL STRATEGY TO COMBAT
TERRORIST TRAVEL.
(a) Sense of Congress.--It is the sense of Congress that it should
be the policy of the United States to--
[[Page 130 STAT. 2679]]
(1) continue to regularly assess the evolving terrorist
threat to the United States;
(2) catalog existing Federal Government efforts to obstruct
terrorist and foreign fighter travel into, out of, and within
the United States, and overseas;
(3) identify such efforts that may benefit from reform or
consolidation, or require elimination;
(4) identify potential security vulnerabilities in United
States defenses against terrorist travel; and
(5) prioritize resources to address any such security
vulnerabilities in a risk-based manner.
(b) National Strategy and Updates.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
majority leader of the Senate, the minority leader of the
Senate, the Speaker of the House of Representatives, the
majority leader of the House of Representatives, the minority
leader of the House of Representatives, and the appropriate
congressional committees a national strategy to combat terrorist
travel. The strategy shall address efforts to intercept
terrorists and foreign fighters and constrain the domestic and
international travel of such persons. Consistent with the
protection of classified information, the strategy shall be
submitted in unclassified form, including, as appropriate, a
classified annex.
(2) Updated strategies.--Not later than 180 days after the
date on which a new President is inaugurated, the President
shall submit to the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, the majority leader of the House of
Representatives, the minority leader of the House of
Representatives, and the appropriate congressional committees an
updated version of the strategy described in paragraph (1).
(3) Contents.--The strategy and updates required under this
subsection shall--
(A) include an accounting and description of all
Federal Government programs, projects, and activities
designed to constrain domestic and international travel
by terrorists and foreign fighters;
(B) identify specific security vulnerabilities
within the United States and outside of the United
States that may be exploited by terrorists and foreign
fighters;
(C) delineate goals for--
(i) closing the security vulnerabilities
identified under subparagraph (B); and
(ii) enhancing the ability of the Federal
Government to constrain domestic and international
travel by terrorists and foreign fighters; and
(D) describe the actions that will be taken to
achieve the goals delineated under subparagraph (C) and
the means needed to carry out such actions, including--
(i) steps to reform, improve, and streamline
existing Federal Government efforts to align with
the current threat environment;
(ii) new programs, projects, or activities
that are requested, under development, or
undergoing implementation;
[[Page 130 STAT. 2680]]
(iii) new authorities or changes in existing
authorities needed from Congress;
(iv) specific budget adjustments being
requested to enhance United States security in a
risk-based manner; and
(v) the Federal departments and agencies
responsible for the specific actions described in
this subparagraph.
(4) Sunset.--The requirement to submit updated national
strategies under this subsection shall terminate on the date
that is seven years after the date of the enactment of this Act.
(c) Development of Implementation Plans.--For each national strategy
required under subsection (b), the President shall direct the heads of
relevant Federal agencies to develop implementation plans for each such
agency.
(d) Implementation Plans.--
(1) In general.--The President shall submit to the majority
leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, the majority leader of
the House of Representatives, the minority leader of the House
of Representatives, and the appropriate congressional committees
an implementation plan developed under subsection (c) with each
national strategy required under subsection (b). Consistent with
the protection of classified information, each such
implementation plan shall be submitted in unclassified form, but
may include a classified annex.
(2) Annual updates.--The President shall submit to the
majority leader of the Senate, the minority leader of the
Senate, the Speaker of the House of Representatives, the
majority leader of the House of Representatives, the minority
leader of the House of Representatives, and the appropriate
congressional committees an annual updated implementation plan
during the ten-year period beginning on the date of the
enactment of this Act.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) in the House of Representatives--
(A) the Committee on Homeland Security;
(B) the Committee on Armed Services;
(C) the Permanent Select Committee on Intelligence;
(D) the Committee on the Judiciary;
(E) the Committee on Foreign Affairs;
(F) the Committee on Appropriations; and
(2) in the Senate--
(A) the Committee on Homeland Security and
Governmental Affairs;
(B) the Committee on Armed Services;
(C) the Select Committee on Intelligence;
(D) the Committee on the Judiciary;
(E) the Committee on Foreign Relations; and
(F) the Committee on Appropriations.
(f) Special Rule for Certain Receipt.--The definition under
subsection (e) shall be treated as including the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate for
purposes of receipt of those portions of--
[[Page 130 STAT. 2681]]
(1) the national strategy (including updates thereto), and
(2) the implementation plan (including updates thereto),
required under this section that relate to maritime travel into and out
of the United States.
SEC. 1909. NATIONAL OPERATIONS CENTER.
Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is
amended--
(1) in subsection (a)--
(A) by striking ``emergency managers and decision
makers'' and inserting ``emergency managers, decision
makers, and other appropriate officials''; and
(B) by inserting ``and steady-state activity''
before the period at the end;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``and tribal governments'' and
inserting ``tribal, and territorial governments,
the private sector, and international partners'';
(ii) by striking ``in the event of'' and
inserting ``for events, threats, and incidents
involving''; and
(iii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) enter into agreements with other Federal operations
centers and other homeland security partners, as appropriate, to
facilitate the sharing of information.'';
(4) in subsection (c)--
(A) in the subsection heading, by striking ``Fire
Service'' and inserting ``Emergency Responder'';
(B) by striking paragraph (1) and inserting the
following:
``(1) Establishment of positions.--The Secretary shall
establish a position, on a rotating basis, for a representative
of State and local emergency responders at the National
Operations Center established under subsection (b) to ensure the
effective sharing of information between the Federal Government
and State and local emergency response services.'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2).
SEC. 1910. DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR
INTERNATIONAL PROGRAMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a comprehensive three-year strategy for international programs of
the Department of Homeland Security in which personnel and resources of
the Department are deployed abroad for vetting and screening of persons
seeking to enter the United States.
(b) Contents.--The strategy required under subsection (a) shall
include, at a minimum, the following:
(1) Specific Department of Homeland Security risk-based
goals for international programs of the Department in which
personnel and resources of the Department are deployed abroad
[[Page 130 STAT. 2682]]
for vetting and screening of persons seeking to enter the United
States.
(2) A risk-based method for determining whether to establish
new international programs in new locations, given resource
constraints, or expand existing international programs of the
Department, in which personnel and resources of the Department
are deployed abroad for vetting and screening of persons seeking
to enter the United States.
(3) Alignment with the highest Department-wide and
Government-wide strategic priorities of resource allocations on
international programs of the Department in which personnel and
resources of the Department are deployed abroad for vetting and
screening of persons seeking to enter the United States.
(4) A common reporting framework for the submission of
reliable, comparable cost data by components of the Department
on overseas expenditures attributable to international programs
of the Department in which personnel and resources of the
Department are deployed abroad for vetting and screening of
persons seeking to enter the United States.
(c) Considerations.--In developing the strategy required under
subsection (a), the Secretary of Homeland Security shall consider, at a
minimum, the following:
(1) Information on existing operations of international
programs of the Department of Homeland Security in which
personnel and resources of the Department are deployed abroad
for vetting and screening of persons seeking to enter the United
States that includes corresponding information for each location
in which each such program operates.
(2) The number of Department personnel deployed to each
location at which an international program referred to in
subparagraph (A) is in operation during the current and
preceding fiscal year.
(3) Analysis of the impact of each international program
referred to in paragraph (1) on domestic activities of
components of the Department of Homeland Security.
(4) Analysis of barriers to the expansion of an
international program referred to in paragraph (1).
(d) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex if the
Secretary of Homeland Security determines that such is appropriate.
SEC. 1911. STATE AND HIGH-RISK URBAN AREA WORKING GROUPS.
Subsection (b) of section 2021 of the Homeland Security Act of 2002
(6 U.S.C. 611) is amended to read as follows:
``(b) Planning Committees.--
``(1) In general.--Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall establish a
State planning committee or urban area working group to assist
in preparation and revision of the State, regional, or local
homeland security plan or the threat and hazard identification
and risk assessment, as the case may be, and to assist in
determining effective funding priorities for grants under such
sections.
``(2) Composition.--
[[Page 130 STAT. 2683]]
``(A) In general.--The State planning committees and
urban area working groups referred to in paragraph (1)
shall include at least one representative from each of
the following significant stakeholders:
``(i) Local or tribal government officials.
``(ii) Emergency response providers, which
shall include representatives of the fire service,
law enforcement, emergency medical services, and
emergency managers.
``(iii) Public health officials and other
appropriate medical practitioners.
``(iv) Individuals representing educational
institutions, including elementary schools,
community colleges, and other institutions of
higher education.
``(v) State and regional interoperable
communications coordinators, as appropriate.
``(vi) State and major urban area fusion
centers, as appropriate.
``(B) Geographic representation.--The members of the
State planning committee or urban area working group, as
the case may be, shall be a representative group of
individuals from the counties, cities, towns, and Indian
tribes within the State or high-risk urban area,
including, as appropriate, representatives of rural,
high-population, and high-threat jurisdictions.
``(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State or high-
risk urban area create a State planning committee or urban area
working group, as the case may be, if that State or high-risk
urban area has established and uses a multijurisdictional
planning committee or commission that meets the requirements of
this subsection.''.
SEC. 1912. CYBERSECURITY STRATEGY FOR THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Subtitle C of title II of the Homeland Security Act
of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after section 228
the following new section:
``SEC. 228A. <<NOTE: 6 USC 149a.>> CYBERSECURITY STRATEGY.
``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall develop a departmental
strategy to carry out cybersecurity responsibilities as set forth in
law.
``(b) Contents.--The strategy required under subsection (a) shall
include the following:
``(1) Strategic and operational goals and priorities to
successfully execute the full range of the Secretary's
cybersecurity responsibilities.
``(2) Information on the programs, policies, and activities
that are required to successfully execute the full range of the
Secretary's cybersecurity responsibilities, including programs,
policies, and activities in furtherance of the following:
``(A) Cybersecurity functions set forth in the
section 227 (relating to the national cybersecurity and
communications integration center).
``(B) Cybersecurity investigations capabilities.
``(C) Cybersecurity research and development.
[[Page 130 STAT. 2684]]
``(D) Engagement with international cybersecurity
partners.
``(c) Considerations.--In developing the strategy required under
subsection (a), the Secretary shall--
``(1) consider--
``(A) the cybersecurity strategy for the Homeland
Security Enterprise published by the Secretary in
November 2011;
``(B) the Department of Homeland Security Fiscal
Years 2014-2018 Strategic Plan; and
``(C) the most recent Quadrennial Homeland Security
Review issued pursuant to section 707; and
``(2) include information on the roles and responsibilities
of components and offices of the Department, to the extent
practicable, to carry out such strategy.
``(d) Implementation Plan.--Not later than 90 days after the
development of the strategy required under subsection (a), the Secretary
shall issue an implementation plan for the strategy that includes the
following:
``(1) Strategic objectives and corresponding tasks.
``(2) Projected timelines and costs for such tasks.
``(3) Metrics to evaluate performance of such tasks.
``(e) Congressional Oversight.--The Secretary shall submit to
Congress for assessment the following:
``(1) A copy of the strategy required under subsection (a)
upon issuance.
``(2) A copy of the implementation plan required under
subsection (d) upon issuance, together with detailed information
on any associated legislative or budgetary proposals.
``(f) Classified Information.--The strategy required under
subsection (a) shall be in an unclassified form but may contain a
classified annex.
``(g) Rule of Construction.--Nothing in this section may be
construed as permitting the Department to engage in monitoring,
surveillance, exfiltration, or other collection activities for the
purpose of tracking an individual's personally identifiable information.
``(h) Definition.--In this section, the term `Homeland Security
Enterprise' means relevant governmental and nongovernmental entities
involved in homeland security, including Federal, State, local, and
tribal government officials, private sector representatives, academics,
and other policy experts.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 228 the following new item:
``Sec. 228A. Cybersecurity strategy.''.
SEC. 1913. EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT, AND
PROTECTION AND PREPAREDNESS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) in section 2 (6 U.S.C. 101)--
(A) by redesignating paragraphs (9) through (18) as
paragraphs (11) through (20), respectively;
(B) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively;
(C) by inserting after paragraph (6) the following
new paragraph:
[[Page 130 STAT. 2685]]
``(7) The term `EMP' means an electromagnetic pulse caused
by a nuclear device or nonnuclear device, including such a pulse
caused by an act of terrorism.''; and
(D) by inserting after paragraph (9), as so
redesignated, the following new paragraph:
``(10) The term `GMD' means a geomagnetic disturbance caused
by a solar storm or another naturally occurring phenomenon.'';
(2) in subsection (d) of section 201 (6 U.S.C. 121), by
adding at the end the following new paragraph:
``(26)(A) Not later than six months after the date of the
enactment of this paragraph, to conduct an intelligence-based
review and comparison of the risks and consequences of EMP and
GMD facing critical infrastructure, and submit to the Committee
on Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs and the Select
Committee on Intelligence of the Senate--
``(i) a recommended strategy to protect and
prepare the critical infrastructure of the
homeland against threats of EMP and GMD; and
``(ii) not less frequently than every two
years thereafter for the next six years, updates
of the recommended strategy.
``(B) The recommended strategy under subparagraph
(A) shall--
``(i) be based on findings of the research and
development conducted under section 319;
``(ii) be developed in consultation with the
relevant Federal sector-specific agencies (as
defined under Presidential Policy Directive-21)
for critical infrastructure;
``(iii) be developed in consultation with the
relevant sector coordinating councils for critical
infrastructure;
``(iv) be informed, to the extent practicable,
by the findings of the intelligence-based review
and comparison of the risks and consequences of
EMP and GMD facing critical infrastructure
conducted under subparagraph (A); and
``(v) be submitted in unclassified form, but
may include a classified annex.
``(C) The Secretary may, if appropriate, incorporate
the recommended strategy into a broader recommendation
developed by the Department to help protect and prepare
critical infrastructure from terrorism, cyber attacks,
and other threats if, as incorporated, the recommended
strategy complies with subparagraph (B).'';
(3) in title III (6 U.S.C. 181 et seq.), by adding at the
end the following new section:
``SEC. 319. <<NOTE: 6 USC 195f.>> EMP AND GMD MITIGATION RESEARCH
AND DEVELOPMENT.
``(a) In General.--In furtherance of domestic preparedness and
response, the Secretary, acting through the Under Secretary for Science
and Technology, and in consultation with other relevant executive
agencies, relevant State, local, and tribal governments, and relevant
owners and operators of critical infrastructure, shall,
[[Page 130 STAT. 2686]]
to the extent practicable, conduct research and development to mitigate
the consequences of threats of EMP and GMD.
``(b) Scope.--The scope of the research and development under
subsection (a) shall include the following:
``(1) An objective scientific analysis--
``(A) evaluating the risks to critical
infrastructure from a range of threats of EMP and GMD;
and
``(B) which shall--
``(i) be conducted in conjunction with the
Office of Intelligence and Analysis; and
``(ii) include a review and comparison of the
range of threats and hazards facing critical
infrastructure of the electrical grid.
``(2) Determination of the critical utilities and national
security assets and infrastructure that are at risk from threats
of EMP and GMD.
``(3) An evaluation of emergency planning and response
technologies that would address the findings and recommendations
of experts, including those of the Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack,
which shall include a review of the feasibility of rapidly
isolating one or more portions of the electrical grid from the
main electrical grid.
``(4) An analysis of technology options that are available
to improve the resiliency of critical infrastructure to threats
of EMP and GMD, including an analysis of neutral current
blocking devices that may protect high-voltage transmission
lines.
``(5) The restoration and recovery capabilities of critical
infrastructure under differing levels of damage and disruption
from various threats of EMP and GMD, as informed by the
objective scientific analysis conducted under paragraph (1).
``(6) An analysis of the feasibility of a real-time alert
system to inform electrical grid operators and other
stakeholders within milliseconds of a high-altitude nuclear
explosion.
``(c) Exemption From Disclosure.--
``(1) Information shared with the federal government.--
Section 214, and any regulations issued pursuant to such
section, shall apply to any information shared with the Federal
Government under this section.
``(2) Information shared by the federal government.--
Information shared by the Federal Government with a State,
local, or tribal government under this section shall be exempt
from disclosure under any provision of State, local, or tribal
freedom of information law, open government law, open meetings
law, open records law, sunshine law, or similar law requiring
the disclosure of information or records.''; and
(4) in title V (6 U.S.C. 311 et seq.), by adding at the end
the following new section:
``SEC. 527. <<NOTE: 6 USC 321p.>> NATIONAL PLANNING AND
EDUCATION.
``The Secretary shall, to the extent practicable--
``(1) include in national planning frameworks the threat of
an EMP or GMD event; and
``(2) conduct outreach to educate owners and operators of
critical infrastructure, emergency planners, and emergency
[[Page 130 STAT. 2687]]
response providers at all levels of government regarding threats
of EMP and GMD.''.
(b) Technical and Conforming Amendments.--
(1) The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended--
(A) by inserting after the item relating to section
317 the following new item:
``Sec. 319. EMP and GMD mitigation research and development.''; and
(B) by inserting after the item relating to section
525 the following:
``Sec. 526. Integrated Public Alert and Warning System modernization.
``Sec. 527. National planning and education.''.
(2) Section 501(13) of the Homeland Security Act of 2002 (6
U.S.C. 311(13)) is amended by striking ``section 2(11)(B)'' and
inserting ``section 2(13)(B)''.
(3) Section 712(a) of title 14, United States Code, is
amended by striking ``section 2(16) of the Homeland Security Act
of 2002 (6 U.S.C. 101(16))'' and inserting ``section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)''.
(c) <<NOTE: 6 USC 121 note.>> Deadline for Initial Recommended
Strategy.--Not later than one year after the date of the enactment of
this section, the Secretary of Homeland Security shall submit the
recommended strategy required under paragraph (26) of section 201(d) of
the Homeland Security Act of 2002 (6 U.S.C. 121(d)), as added by this
section.
(d) Report.--Not later than 180 days after the date of the enactment
of this section, the Secretary of Homeland Security shall submit to
Congress a report describing the progress made in, and an estimated date
by which the Department of Homeland Security will have completed--
(1) including threats of EMP and GMD (as those terms are
defined in section 2 of the Homeland Security Act of 2002, as
amended by this section) in national planning, as described in
section 527 of the Homeland Security Act of 2002, as added by
this section;
(2) research and development described in section 319 of the
Homeland Security Act of 2002, as added by this section;
(3) development of the recommended strategy required under
paragraph (26) of section 201(d) of the Homeland Security Act of
2002 (6 U.S.C. 121(d)), as added by this section; and
(4) beginning to conduct outreach to educate emergency
planners and emergency response providers at all levels of
government regarding threats of EMP and GMD events.
(e) <<NOTE: 6 USC 101 note.>> No Regulatory Authority.--Nothing in
this section, including the amendments made by this section, shall be
construed to grant any regulatory authority.
(f) No New Authorization of Appropriations.--This section, including
the amendments made by this section, may be carried out only by using
funds appropriated under the authority of other laws.
[[Page 130 STAT. 2688]]
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. <<NOTE: Military Construction Authorization Act for
Fiscal Year 2017.>> SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2017''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2019; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2020.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2019; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2020 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect on the
later of--
(1) October 1, 2016; or
(2) the date of the enactment of this Act.
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.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
[[Page 130 STAT. 2689]]
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alaska........................ Fort Wainwright....... $47,000,000
California.................... Concord............... $12,600,000
Colorado...................... Fort Carson........... $13,100,000
Georgia....................... Fort Gordon.......... $100,600,000
Fort Stewart.......... $14,800,000
Missouri...................... Fort Leonard Wood..... $6,900,000
Texas......................... Fort Hood............. $7,600,000
Utah.......................... Camp Williams......... $7,400,000
Virginia...................... Fort Belvoir.......... $23,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out the military construction
project for the installations or locations outside the United States,
and in the amount, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Cuba........................ Guantanamo Bay.......... $33,000,000
Germany...................... East Camp Grafenwoehr.. $22,000,000
Garmisch................ $9,600,000
Wiesbaden Army Airfield. $19,200,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Korea................................... Camp Humphreys........... Family Housing New $297,000,000
Construction.............
Camp Walker............... Family Housing New $54,554,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) and available for
military family housing functions as specified
[[Page 130 STAT. 2690]]
in the funding table in section 4601, the Secretary of the Army may
carry out architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $2,618,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2016, for
military construction, land acquisition, and military family housing
functions of the Department of the Army as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2014 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66; 127 Stat. 986) for Joint Base
Lewis-McChord, Washington, for construction of an aircraft maintenance
hangar at the installation, the Secretary of the Army may construct an
aircraft washing apron.
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (126
Stat. 2119) and extended by section 2107 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-92;
129 Stat. 1148), shall remain in effect until October 1, 2017, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Kansas................................. Fort Riley............... Unmanned Aerial Vehicle $12,200,000
Complex..................
Virginia............................... Fort Belvoir.............. Secure Admin/Operations $172,200,000
Facility.................
Italy.................................. Camp Ederle............... Barracks.................. $36,000,000
Japan.................................. Sagami.................... Vehicle Maintenance Shop.. $18,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 130 STAT. 2691]]
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (127
Stat. 986) shall remain in effect until October 1, 2017, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland............................... Fort Detrick.............. Entry Control Point....... $2,500,000
Marshall Islands....................... Kwajalein Atoll........... Pier...................... $63,000,000
Japan.................................. Kyotango City............. Company Operations Complex $33,000,000
----------------------------------------------------------------------------------------------------------------
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.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Navy may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Yuma............................................ $48,355,000
California.................................... Coronado........................................ $104,501,000
Lemoore......................................... $26,723,000
Miramar......................................... $193,600,000
Seal Beach...................................... $21,007,000
Florida....................................... Eglin Air Force Base............................ $20,489,000
Guam.......................................... Joint Region Marianas........................... $89,185,000
Hawaii........................................ Barking Sands................................... $43,384,000
[[Page 130 STAT. 2692]]
Kaneohe Bay..................................... $72,565,000
Maine......................................... Kittery......................................... $47,892,000
Maryland...................................... Patuxent River.................................. $40,576,000
Nevada........................................ Fallon.......................................... $13,523,000
North Carolina................................ Camp Lejeune.................................... $18,482,000
Cherry Point Marine Corps Air Station........... $12,515,000
South Carolina................................ Beaufort........................................ $83,490,000
Parris Island................................... $29,882,000
Virginia...................................... Norfolk......................................... $27,000,000
Washington.................................... Bangor.......................................... $113,415,000
Bremerton....................................... $6,704,000
Whidbey Island.................................. $75,976,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installation or location outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Kadena Air Base................................. $26,489,000
Sasebo.......................................... $16,420,000
Spain......................................... Rota............................................ $23,607,000
Worldwide Unspecified......................... Unspecified Worldwide Locations................. $41,380,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation or location, in the number of
units, and in the amount set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands........................ Guam....................... Replace Andersen Housing $78,815,000
PH 1....................
----------------------------------------------------------------------------------------------------------------
[[Page 130 STAT. 2693]]
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a) and available for
military family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount not
to exceed $4,149,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount not
to exceed $11,047,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2016, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2014 PROJECT.
In the case of the authorization contained in the table in section
2201 of the Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 989) for Pearl City, Hawaii,
for construction of a water transmission line at that location, the
Secretary of the Navy may construct a 591-meter (1,940-foot) long 16-
inch diameter water transmission line as part of the network required to
provide the main water supply to Joint Base Pearl Harbor-Hickam, Hawaii.
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in the
table in subsection (b), as provided in section 2201 of that Act (126
Stat. 2122) and extended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-92;
129 Stat. 1151), shall remain in effect until October 1, 2017, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 130 STAT. 2694]]
Navy: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton........... Comm. Information Systems $78,897,000
Ops Complex..............
Greece.................................. Souda Bay................. Intermodal Access Road.... $4,630,000
South Carolina.......................... Beaufort.................. Recycling/Hazardous Waste $3,743,000
Facility.................
Worldwide Unspecified................... Various Worldwide BAMS Operational $34,048,000
Locations................ Facilities...............
----------------------------------------------------------------------------------------------------------------
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2201 of that Act (127
Stat. 989), shall remain in effect until October 1, 2017, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.................................. Kaneohe................... Aircraft Maintenance $31,820,000
Hangar Upgrades..........
Pearl City................ Water Transmission Line... $30,100,000
Illinois................................ Great Lakes............... Unaccompanied Housing..... $35,851,000
Maine................................... Bangor.................... NCTAMS VLF Commercial $13,800,000
Power Connection.........
Nevada.................................. Fallon.................... Wastewater Treatment Plant $11,334,000
Virginia................................ Quantico.................. Academic Instruction $25,731,000
Facility TECOM Schools...
Quantico.................. Fuller Road Improvements.. $9,013,000
----------------------------------------------------------------------------------------------------------------
[[Page 130 STAT. 2695]]
SEC. 2208. STATUS OF ``NET NEGATIVE'' POLICY REGARDING NAVY
ACREAGE ON GUAM .
(a) Report on Status.--
(1) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Navy shall submit a
report to the congressional defense committees regarding the
status of the implementation of the ``net negative'' policy
regarding the total number of acres of the real property
controlled by the Department of the Navy on Guam, as described
in subsection (b).
(2) Contents.--The report required under paragraph (1) shall
include the following information:
(A) A description of the real property controlled by
the Navy on Guam which the Navy has transferred to the
control of Guam after January 20, 2011, or which the
Navy plans to transfer to the control of Guam, as well
as a description of the specific legal authority under
which the Navy has transferred or will transfer each
such property.
(B) The methodology and process the Navy will use to
determine the total number of acres of real property
that the Navy will transfer or has transferred to the
control of Guam as part of the ``net negative'' policy,
and the date on which the Navy will transfer or has
transferred control of any such property.
(C) A description of the real property controlled by
the Navy on Guam which the Navy plans to retain under
its control and the reasons for retaining such property,
including a detailed explanation of the reasons for
retaining any such property which has not been developed
or for which no development has been proposed under the
current installation master plans for major military
installations (as described in section 2864 of title 10,
United States Code).
(3) Exclusion of certain property.--In preparing and
submitting the report under this subsection, the Secretary may
not take into account any real property which has been
transferred to the Government of Guam prior to January 20, 2011,
to include property under the Guam Excess Lands Act (Public Law
103-339) or the Guam Land Use Plan (GLUP) 1977, or pursuant to
base realignment and closure authorized under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
(b) Policy Described.--The ``net negative'' policy described in this
section is the policy of the Secretary of the Navy, as expressed in the
statement released by Under Secretary of the Navy on January 20, 2011,
that the relocation of Marines to Guam occurring during 2011 will not
cause the total number of acres of real property controlled by the Navy
on Guam upon the completion of such relocation to exceed the total
number of acres of real property controlled by the Navy on Guam prior to
such relocation.
[[Page 130 STAT. 2696]]
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base $15,000,000
Alaska....................... Clear Air Force $20,000,000
Station.
Eielson Air Force Base $295,600,000
Joint Base Elmendorf- $29,000,000
Richardson...........
Arizona...................... Luke Air Force Base... $20,000,000
California................... Edwards Air Force $24,000,000
Base.
Colorado..................... Buckley Air Force $13,500,000
Base.
Delaware.................... Dover Air Force Base. $39,000,000
Florida...................... Eglin Air Force Base. $123,600,000
Patrick Air Force Base $13,500,000
Georgia...................... Moody Air Force Base.. $30,900,000
Guam......................... Joint Region Marianas. $80,658,000
Illinois..................... Scott Air Force Base.. $41,000,000
Kansas....................... McConnell Air Force $19,800,000
Base.
Louisiana.................... Barksdale Air Force $21,000,000
Base.
Maryland..................... Joint Base Andrews.... $66,500,000
Massachusetts................ Hanscom Air Force Base $30,965,000
Montana...................... Malmstrom Air Force $14,600,000
Base.
Nevada....................... Nellis Air Force Base. $10,600,000
New Mexico................... Cannon Air Force Base. $21,000,000
Holloman Air Force $10,600,000
Base.
Kirtland Air Force $7,300,000
Base.
Ohio......................... Wright-Patterson Air $12,600,000
Force Base...........
Oklahoma..................... Altus Air Force Base.. $11,600,000
Tinker Air Force Base. $43,000,000
South Carolina............... Joint Base Charleston. $17,000,000
Texas........................ Joint Base San Antonio $67,300,000
Utah......................... Hill Air Force Base... $44,500,000
[[Page 130 STAT. 2697]]
Virginia..................... Joint Base Langley- $59,200,000
Eustis.
Washington................... Fairchild Air Force $27,000,000
Base.
Wyoming...................... F.E. Warren Air Force $5,550,000
Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the Air
Force may acquire real property and carry out military construction
projects for the installation or location outside the United States, and
in the amount, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia.................... Darwin............... $30,400,000
Germany...................... Ramstein Air Base..... $13,437,000
Spangdahlem Air Base.. $43,465,000
Japan........................ Kadena Air Base....... $19,815,000
Yokota Air Base....... $32,020,000
Mariana Islands.............. Unspecified Location.. $9,000,000
Turkey....................... Incirlik Air Base..... $13,449,000
United Arab Emirates......... Al Dhafra............. $35,400,000
United Kingdom............... Royal Air Force $69,582,00
Croughton.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military family
housing functions as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,368,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the Air
Force may improve existing military family housing units in an amount
not to exceed $56,984,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2016, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force, as specified in the
funding table in section 4601.
[[Page 130 STAT. 2698]]
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2016 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114-92; 129 Stat. 1153) for Malmstrom Air
Force Base, Montana, for construction of a Tactical Response Force Alert
Facility at the installation, the Secretary of the Air Force may
construct an emergency power generator system consistent with the Air
Force's construction guidelines.
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2013
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (126
Stat. 2126) and extended by section 2309 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-92;
129 Stat. 1155), shall remain in effect until October 1, 2017, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2013 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Portugal................................ Lajes Field............... Sanitary Sewer Lift/Pump $2,000,000
Station..................
----------------------------------------------------------------------------------------------------------------
SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2014
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (127
Stat. 992), shall remain in effect until October 1, 2017, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 130 STAT. 2699]]
Air Force: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified (Italy)........... Aviano Air Base........... Guardian Angel Operations $22,047,000
Facility.................
----------------------------------------------------------------------------------------------------------------
SEC. 2308. RESTRICTION ON ACQUISITION OF PROPERTY IN NORTHERN
MARIANA ISLANDS.
The Secretary of the Air Force may not use any of the amounts
authorized to be appropriated under section 2304 to acquire property or
interests in property at an unspecified location in the Commonwealth of
the Northern Mariana Islands, as specified in the funding table set
forth in section 2301(b) and the funding table in section 4601, until
the congressional defense committees have received from the Secretary a
report providing the following information:
(1) The specific location of the property or interest in
property to be acquired.
(2) The total cost, scope, and location of the military
construction projects and the acquisition of property or
interests in property required to support the Secretary's
proposed divert activities and exercises in the Commonwealth of
the Northern Mariana Islands.
(3) An analysis of any alternative locations that the
Secretary considered acquiring, including other locations or
interests within the Commonwealth of the Northern Mariana
Islands or the Freely Associated States. For purposes of this
paragraph, the term ``Freely Associated States'' means the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
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.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of Defense may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
[[Page 130 STAT. 2700]]
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska.......................................... Clear Air Force Station.................... $155,000,000
Fort Greely................................ $9,560,000
Joint Base Elmendorf-Richardson............ $4,900,000
Arizona......................................... Fort Huachuca.............................. $4,493,000
California...................................... Coronado................................... $175,412,000
Travis Air Force Base...................... $26,500,000
Delaware........................................ Dover Air Force Base...................... $44,115,000
Florida......................................... Patrick Air Force Base..................... $10,100,000
Georgia......................................... Fort Benning............................... $4,820,000
Fort Gordon................................ $25,000,000
Maine........................................... Portsmouth................................. $27,100,000
Maryland........................................ Bethesda Naval Hospital.................... $510,000,000
Fort Meade................................. $38,000,000
Missouri........................................ St. Louis.................................. $801,000
North Carolina.................................. Camp Lejeune............................... $31,000,000
Fort Bragg................................. $86,593,000
South Carolina.................................. Joint Base Charleston...................... $17,000,000
Texas........................................... Red River Army Depot....................... $44,700,000
Sheppard Air Force Base.................... $91,910,000
Virginia........................................ Pentagon................................... $20,216,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of Defense
may acquire real property and carry out military construction projects
for the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Diego Garcia.................................... Diego Garcia............................... $30,000,000
Germany......................................... Kaiserslautern............................. $45,221,000
Japan........................................... Ikakuni.................................... $6,664,000
Kadena Air Base............................ $161,224,000
Yokota Air Base............................ $113,731,000
Kwajalein....................................... Kwajalein Atoll............................ $85,500,000
United Kingdom.................................. Royal Air Force Croughton.................. $71,424,000
Royal Air Force Lakenheath................. $13,500,000
Wake Island..................................... Wake Island................................ $11,670,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy conservation
projects under chapter 173 of title 10, United States Code, in the
amount set forth in the following table:
[[Page 130 STAT. 2701]]
Energy Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Edwards Air Force Base..................... $8,400,000
Naval Base San Diego....................... $4,230,000
Fort Hunter Liggett........................ $5,400,000
Colorado........................................ Fort Carson................................ $5,000,000
Schriever Air Force Base................... $3,295,000
Florida......................................... SUBASE Kings Bay NAS Jacksonville.......... $3,230,000
Guam............................................ NAVBASE Guam............................... $8,540,000
Hawaii.......................................... NSAH Wahiawa Kunia Oahu................... $14,890,000
Ohio............................................ Wright Patterson Air Force Base............ $14,400,000
Utah............................................ Dugway Proving Ground...................... $7,500,000
Tooele Army Depot.......................... $8,200,000
Various Locations............................... Various Locations.......................... $28,088,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects outside the United States as specified
in the funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations outside the United
States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo Bay............................ $6,080,000
Diego Garcia.................................... NSF Diego Garcia........................... $17,010,000
Japan........................................... Kadena Air Base............................ $4,007,000
Misawa Air Base............................ $5,315,000
Spain........................................... Rota....................................... $3,710,000
Various Locations............................... Various Locations.......................... $2,705,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2016, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2014 PROJECT.
In the case of the authorization in the table in section 2401(b) of
the Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 996), for Royal Air
[[Page 130 STAT. 2702]]
Force Lakenheath, United Kingdom, for construction of a high school, the
Secretary of Defense may construct a combined middle/high school.
SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in the
table in subsection (b), as provided in section 2401 of that Act (126
Stat. 2127) and amended by section 2406(a) of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-92;
129 Stat. 1160), shall remain in effect until October 1, 2017, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Location
State/Country Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................... Camp Zama................. Renovate Zama High School. $13,273,000
Pennsylvania............................ New Cumberland............ Replace reservoir......... $4,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2401 of that Act (127
Stat. 995), shall remain in effect until October 1, 2017, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Location
State/Country Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Brawley................... SOF Desert Warfare $23,095,000
Training Center..........
Germany................................. Kaiserslautern............ Replace Kaiserslautern $49,907,000
Elementary School........
Ramstein Air Base......... Replace Ramstein High $98,762,000
School...................
[[Page 130 STAT. 2703]]
Hawaii.................................. Joint Base Pearl Harbor- DISA Pacific Facility $2,615,000
Hickam................... Upgrade..................
Massachusetts........................... Hanscom Air Force Base.... Replace Hanscom Primary $36,213,000
School...................
United Kingdom.......................... RAF Lakenheath............ Replace Lakenheath High $69,638,000
School...................
Virginia................................ Marine Corps Base Quantico Replace Quantico Middle/ $40,586,000
High School..............
Pentagon.................. PFPA Support Operations $14,800,000
Center...................
Pentagon.................. Raven Rock Administrative $32,000,000
Facility Upgrade.........
Pentagon.................. Boundary Channel Access $6,700,000
Control Point............
----------------------------------------------------------------------------------------------------------------
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.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from
[[Page 130 STAT. 2704]]
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations, and in the
amounts, set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Korea............................ Army................ CP Tango............ Repair Collective $11,600,000
Protection System
(CPS).............
Army................ Camp Humphreys...... Duplex Company $10,200,00
Operations,
Zoeckler Station..
Army................ Camp Humphreys...... Vehicle Maintenance $49,500,000
Facility & Company
Ops Complex (3rd
CAB)..............
Army................ Camp Humphreys...... 8th Army $14,600,000
Correctional
Facility..........
Navy................ Camp Mujuk.......... Marine Air Ground $68,000,000
Task Force
Operations Center.
Navy................ Camp Mujuk.......... Camp Mujuk Life $14,100,000
Support Area (LSA)
Barracks #2.......
Navy................ Camp Mujuk.......... Camp Mujuk Life $14,100,000
Support Area (LSA)
Barracks #3.......
[[Page 130 STAT. 2705]]
Air Force........... Kunsan Air Base..... 3rd Generation $132,500,000
Hardened Aircraft
Shelters (HAS);
Phases 4, 5, 6....
Air Force........... Kunsan Air Base..... Upgrade Electrical $13,000,000
Distribution
System............
Air Force........... Osan Air Base....... Construct Korea Air $160,000,000
Operations Center.
Air Force........... Osan Air Base....... Air Freight $40,000,000
Terminal Facility.
Air Force........... Osan Air Base....... Construct F-16 $7,500,000
Quick Turn Pad....
Defense-Wide........ Camp Carroll........ Sustainment $74,600,000
Facilities Upgrade
Phase I - DLA
Warehouse.........
Defense-Wide........ USAG Humphreys...... Elementary School.. $42,000,000
Defense-Wide........ Icheon Special Special Operations $9,900,000
Warfare Command.... Command, Korea
(SOCKOR)
Contingency
Operations Center
and Barracks......
Defense-Wide........ K-16 Air Base....... Special Operations $11,000,000
Forces (SOF)
Operations
Facility, B-606...
----------------------------------------------------------------------------------------------------------------
[[Page 130 STAT. 2706]]
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.
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Colorado........................................ Fort Carson................................ $16,500,000
Hawaii.......................................... Hilo....................................... $31,000,000
Iowa............................................ Davenport.................................. $23,000,000
Kansas.......................................... Fort Leavenworth.......................... $29,000,000
New Hampshire................................... Hooksett................................... $11,000,000
Rochester.................................. $8,900,000
Oklahoma........................................ Ardmore.................................... $22,000,000
Pennsylvania.................................... Fort Indiantown Gap........................ $20,000,000
York....................................... $9,300,000
Rhode Island.................................... East Greenwich............................. $20,000,000
Utah............................................ Camp Williams.............................. $37,000,000
Wyoming......................................... Camp Guernsey.............................. $31,000,000
Laramie.................................... $21,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601,
[[Page 130 STAT. 2707]]
the Secretary of the Army may acquire real property and carry out
military construction projects for the Army Reserve locations inside the
United States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona......................................... Phoenix.................................... $30,000,000
California...................................... Camp Parks................................. $19,000,000
Fort Hunter Liggett........................ $21,500,000
Virginia........................................ Dublin..................................... $6,000,000
Wisconsin....................................... Fort McCoy................................. $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in the
following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans................................ $11,207,000
New York........................................ Brooklyn................................... $1,964,000
Syracuse................................... $13,229,000
Texas........................................... Galveston.................................. $8,414,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Connecticut..................................... Bradley IAP................................ $6,300,000
Florida......................................... Jacksonville IAP........................... $9,000,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............ $11,000,000
Iowa............................................ Sioux Gateway Airport...................... $12,600,000
Maryland........................................ Joint Base Andrews......................... $5,000,000
Minnesota....................................... Duluth IAP................................. $7,600,000
New Hampshire................................... Pease International Trade Port............. $1,500,000
North Carolina.................................. Charlotte/Douglas IAP...................... $50,600,000
Ohio............................................ Toledo Express Airport..................... $6,000,000
South Carolina.................................. McEntire ANGS.............................. $8,400,000
[[Page 130 STAT. 2708]]
Texas........................................... Ellington Field............................ $4,500,000
Vermont......................................... Burlington IAP............................. $4,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations inside the
United States, and in the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina................................. Seymour Johnson Air Force Base............. $97,950,000
Pennsylvania.................................... Pittsburgh International Airport........... $85,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
Subtitle B--Other Matters
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2014 PROJECT.
In the case of the authorization contained in the table in section
2602 of the Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 1001) for Bullville, New
York, for construction of a new Army Reserve Center at that location,
the Secretary of the Army may add to or alter the existing Army Reserve
Center at Bullville, New York.
SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2015 PROJECT.
In the case of the authorization contained in the table in section
2603 of the Military Construction Authorization Act for Fiscal Year 2015
(division B of Public Law 113-291; 128 Stat. 3689) for Pittsburgh,
Pennsylvania, for construction of a Reserve Training Center at that
location, the Secretary of the Navy may acquire approximately 8.5 acres
(370,260 square feet) of adjacent land, obtain necessary interest in
land, and construct road improvements and associated supporting
facilities to provide required access to the Reserve Training Center.
[[Page 130 STAT. 2709]]
SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2016 PROJECT.
In the case of the authorization contained in the table in section
2602 of the Military Construction Authorization Act for Fiscal Year 2016
(division B of Public Law 114-92; 129 Stat. 1163) for MacDill Air Force
Base, Florida, for construction of an Army Reserve Center/Aviation
Support Facility at that location, the Secretary of the Army may
relocate and construct replacement skeet and grenade launcher ranges
necessary to clear the site for the new Army Reserve facilities.
SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2013
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in the
table in subsection (b), as provided in section 2603 of that Act (126
Stat. 2135) and extended by section 2614 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-92;
129 Stat. 1166), shall remain in effect until October 1, 2017, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2013 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Iowa.................................... Fort Des Moines........... Joint Reserve Center...... $19,162,000
----------------------------------------------------------------------------------------------------------------
SEC. 2615. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in sections 2602, 2603, 2604, and
2605 of that Act (127 Stat. 1001, 1002), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Parks................ Army Reserve Center....... $17,500,000
[[Page 130 STAT. 2710]]
March Air Force Base...... NOSC Moreno Valley Reserve $11,086,000
Training Center..........
Florida................................. Homestead ARB............. Entry Control Complex..... $9,800,000
Maryland................................ Fort Meade................ 175th Network Warfare $4,000,000
Squadron Facility........
Martin State Airport...... Cyber/ISR Facility........ $8,000,000
New York................................ Bullville................. Army Reserve Center....... $14,500,000
----------------------------------------------------------------------------------------------------------------
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.
SEC. 2701. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT
AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an 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.
[[Page 130 STAT. 2711]]
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.
[[Page 130 STAT. 2712]]
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.
(a) Increase in Threshold.--Section 2805(d) of title 10, United
States Code, is amended by striking ``$4,000,000'' each place it appears
in paragraph (1)(A), (1)(B), and (2) and inserting ``$6,000,000''.
(b) Notice Requirements.--Section 2805(d) of such title is amended--
(1) by striking the second sentence of paragraph (2); and
(2) by amending paragraph (3) to read as follows:
``(3) If the Secretary concerned makes a decision to carry out an
unspecified minor military construction project to which this subsection
applies, the Secretary concerned shall notify in writing the appropriate
committees of Congress of that decision, of the justification for the
project, and of the estimated cost of the project. The project may then
be carried out only after the end of the 21-day period beginning on the
date the notification is received by the committees or, if earlier, the
end of the 14-day period beginning on the date on which a copy of the
notification is provided in an electronic medium pursuant to section 480
of this title.''.
(c) Extension of Sunset.--Paragraph (5) of section 2805(d) of such
title is amended by striking ``2018'' and inserting ``2025''.
SEC. 2802. CLASSIFICATION OF FACILITY CONVERSION PROJECTS AS
REPAIR PROJECTS.
Subsection (e) of section 2811 of title 10, United States Code, is
amended to read as follows:
``(e) Repair Project Defined.--In this section, the term `repair
project' means a project--
``(1) to restore a real property facility, system, or
component to such a condition that it may effectively be used
for its designated functional purpose; or
``(2) to convert a real property facility, system, or
component to a new functional purpose without increasing its
external dimensions.''.
SEC. 2803. LIMITED AUTHORITY FOR SCOPE OF WORK INCREASE.
(a) In General.--Section 2853 of title 10, United States Code, is
amended--
(1) in subsection (b)(2), by striking ``The scope of work''
and inserting ``Except as provided in subsection (d), the scope
of work'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) The limitation in subsection (b)(2) on an increase in the
scope of work does not apply if--
``(1) the increase in the scope of work is not more than 10
percent of the amount specified for that project, construction,
improvement, or acquisition in the justification data provided
[[Page 130 STAT. 2713]]
to Congress as part of the request for authorization of the
project, construction, improvement, or acquisition;
``(2) the increase is approved by the Secretary concerned;
``(3) the Secretary concerned notifies the congressional
defense committees in writing of the increase in scope and the
reasons therefor; and
``(4) a period of 21 days has elapsed after the date on
which the notification is received by the committees or, if over
sooner, a period of 14 days has elapsed after the date on which
a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title.''.
(b) Cross-Reference Amendments.--(1) Subsection (a) of such section
is amended by striking ``subsection (c) or (d)'' and inserting
``subsection (c), (d), or (e)''.
(2) Subsection (f) of such section, as redesignated by subsection
(a)(2), is amended by striking ``through (d)'' and inserting ``through
(e)''.
(c) Additional Technical Amendment.--Subsection (a) of such section
is further amended by inserting ``of this title'' after ``section
2805(a)''.
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.
(a) Extension of Authority.--Subsection (h) of section 2808 of the
Military Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1723), as most recently amended by
section 2802 of the Military Construction Authorization Act for Fiscal
Year 2016 (division B of Public Law 114-92; 129 Stat. 1169), is
amended--
(1) in paragraph (1), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''; and
(2) in paragraph (2), by striking ``fiscal year 2017'' and
inserting ``fiscal year 2018''.
(b) Limitation on Use of Authority.--Subsection (c)(1) of such
section is amended--
(1) by striking ``October 1, 2015'' and inserting ``October
1, 2016'';
(2) by striking ``December 31, 2016'' and inserting
``December 31, 2017''; and
(3) by striking ``fiscal year 2017'' and inserting ``fiscal
year 2018''.
SEC. 2805. AUTHORITY TO EXPAND ENERGY CONSERVATION CONSTRUCTION
PROGRAM TO INCLUDE ENERGY RESILIENCY
PROJECTS.
(a) Expansion of Authority to Energy Resiliency and Energy Security
Projects.--
(1) In general.--Section 2914 of title 10, United States
Code, is amended--
(A) in the section heading, by inserting
``resiliency and'' before ``conservation construction
projects''; and
(B) in subsection (a), by striking ``military
construction project for energy conservation'' and
inserting ``military construction project for energy
resiliency, energy security, or energy conservation''.
[[Page 130 STAT. 2714]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 173 of such title <<NOTE: 10 USC prec.
2911.>> is amended by striking the item relating to section 2914
and inserting the following new item:
``2914. Energy resiliency and conservation construction projects.''.
(b) Notice and Reporting Requirements for Projects.--
(1) Contents of notifications.--
(A) Contents.--Section 2914(b) of title 10, United
States Code, is amended--
(i) by striking ``When a decision'' and
inserting ``(1) When a decision''; and
(ii) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense shall include in each notification
submitted under paragraph (1) the following information:
``(A) In the case of a military construction project for
energy conservation, the justification and current cost estimate
for the project, the expected savings-to-investment ratio,
simple payback estimates, and the project's measurement and
verification cost estimate.
``(B) In the case of a military construction project for
energy resiliency or energy security, the rationale for how the
project would enhance mission assurance, support mission
critical functions, and address known vulnerabilities.''.
(B) <<NOTE: 10 USC 2914 note.>> Effective date.--
The amendment made by subparagraph (A) shall apply with
respect to notifications provided during fiscal year
2017 or any succeeding fiscal year.
(2) Annual report.--Section 2914 of such title is amended by
adding at the end the following new subsection:
``(c) Annual Report.--Not later than 90 days after the end of each
fiscal year (beginning with fiscal year 2017), the Secretary of Defense
shall submit to the appropriate committees of Congress a report on the
status of the planned and active projects carried out under this section
(including completed projects), and shall include in the report with
respect to each such project the following information:
``(1) The title, location, a brief description of the scope
of work, the original project cost estimate, and the current
working cost estimate.
``(2) In the case of a military construction project for
energy conservation--
``(A) the original expected savings-to-investment
ratio and simple payback estimates and measurement and
verification cost estimate;
``(B) the most current expected savings-to-
investment ratio and simple payback estimates and
measurement and verification plan and costs; and
``(C) a brief description of the measurement and
verification plan and planned funding source.
``(3) In the case of a military construction project for
energy resiliency or energy security, the rationale for how the
project would enhance mission assurance, support mission
critical functions, and address known vulnerabilities.
``(4) Such other information as the Secretary considers
appropriate.''.
[[Page 130 STAT. 2715]]
SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICIPATION IN
DEFENSE LABORATORY MODERNIZATION PILOT
PROGRAM.
Section 2803(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1169; 10 U.S.C. 2358 note) is
amended by adding at the end the following:
``(4) A Department of Defense research, development, test,
and evaluation facility that is not designated as a Science and
Technology Reinvention Laboratory, but nonetheless is involved
with developmental test and evaluation.''.
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.
Section 2804(f) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1171; 10 U.S.C. 2350j note) is
amended by striking ``September 30, 2020'' and inserting ``September 30,
2030''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS
PAYMENTS IN-KIND AND IN-KIND
CONTRIBUTIONS.
(a) Payments-In-Kind and In-Kind Contributions.--Subsection (f) of
section 2687a of title 10, United States Code, is amended to read as
follows:
``(f) Acceptance of Military Construction Projects As Payments-In-
Kind and In-Kind Contributions.--(1)(A) Except as provided in
subparagraph (B), a military construction project costing more than
$6,000,000 may be accepted as payment-in-kind or as an in-kind
contribution required by a bilateral agreement with a host country only
if that military construction project is authorized by law.
``(B) Subparagraph (A) does not apply to a military construction
project that--
``(i) was specified in a bilateral agreement with a host
country that was entered into before December 26, 2013;
``(ii) was the subject of negotiation between the United
States and a host country as of the date of the enactment of the
Military Construction Authorization Act for Fiscal Year 2015; or
``(iii) was accepted as payment-in-kind for the residual
value of improvements made by the United States at military
installations released to the host country under section 2921 of
the Military Construction Authorization Act for Fiscal Year 1991
(division B of Public Law 101-510; 10 U.S.C. 2687 note) before
December 26, 2013.
``(2)(A) If the Secretary of Defense accepts a military construction
project to be built for Department of Defense personnel outside the
United States as a payment-in-kind or an in-kind contribution required
by a bilateral agreement with a host country, the Secretary shall submit
to the congressional defense committees a written
[[Page 130 STAT. 2716]]
notification at least 30 days before the initiation date for any such
military construction project.
``(B) A notification under subparagraph (A) with respect to a
proposed military construction project shall include the following:
``(i) The requirements for, and purpose and description of,
the proposed project.
``(ii) The cost of the proposed project.
``(iii) The scope of the proposed project.
``(iv) The schedule for the proposed project.
``(v) Such other details as the Secretary considers
relevant.
``(C) Subparagraph (A) shall not apply to a military construction
project authorized in a Military Construction Authorization Act.
``(3) To the extent that a payment-in-kind or an in-kind
contribution is provided under a bilateral agreement with a host country
with respect to a military construction project for which funds have
already been obligated or expended by the Secretary of Defense, the
Secretary shall return to the Treasury funds in an amount equal to the
value of the funds already obligated or expended for the project.
``(4) In this subsection, the term `military construction project'
has the meaning given such term in section 2801 of this title.''.
(b) Conforming Amendment.--Section 2802 of such title is amended by
striking subsection (d).
(c) Repeal.--Section 2803 of the Carl Levin and Howard ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3696) is repealed, and the provisions of law
amended by subsections (a) and (b) of that section shall be restored as
if such section had not been enacted into law.
SEC. 2812. ALLOTMENT OF SPACE AND PROVISION OF SERVICES TO WIC
OFFICES OPERATING ON MILITARY
INSTALLATIONS.
(a) Allotment of Space and Provision of Services Authorized.--
Chapter 152 of title 10, United States Code, is amended by inserting
after section 2566 the following new section:
``Sec. 2567. <<NOTE: 10 USC 2567.>> Space and services: provision
to WIC offices
``(a) Allotment of Space and Provision of Services Authorized.--Upon
application by a WIC office, the Secretary of a military department may
allot space on a military installation under the jurisdiction of the
Secretary to the WIC office without charge for rent or services if the
Secretary determines that--
``(1) the WIC office provides or will provide services
solely to members of the armed forces assigned to the
installation, civilian employees of the Department of Defense
employed at the installation, or dependents of such members or
employees;
``(2) space is available on the installation;
``(3) operation of the WIC office will not hinder military
mission requirements; and
``(4) the security situation at the installation permits the
presence of a non-Federal entity on the installation.
``(b) Definitions.--In this section:
``(1) The term `services' includes the provision of
lighting, heating, cooling, and electricity.
``(2) The term `WIC office' means a local agency (as defined
in subsection (b)(6) of section 17 of the Child Nutrition Act
[[Page 130 STAT. 2717]]
of 1966 (42 U.S.C. 1786)) that participates in the special
supplemental nutrition program for women, infants, and children
under such section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 152 of title 10, United States Code, is amended by inserting
after the item relating to section 2566 the following new item:
``2567. Space and services: provision to WIC offices''.
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 .
It is the sense of Congress that the reference to a system for the
collection or treatment of wastewater in the definition of ``utility
system'' in section 2688 of title 10, United States Code, which
authorizes the Department of Defense to convey utility systems, includes
stormwater systems and components.
SEC. 2814. ASSESSMENT OF PUBLIC SCHOOLS ON DEPARTMENT OF DEFENSE
INSTALLATIONS.
(a) Report Required.--
(1) Update of 2011 assessment on school capacity and
condition.--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 an update of the assessment
on the capacity and facility condition deficiencies of
elementary and secondary public schools on military
installations conducted by the Secretary in July 2011 under
section 8109 of the Department of Defense and Full-Year
Continuing Appropriations Act, 2011 (Public Law 112-10; 125
Stat. 82). In updating the assessment, the Secretary shall take
into consideration factors including--
(A) schools that have had changes in their condition
or capacity since the original assessment; and
(B) the capacity and facility condition deficiencies
of schools that may have been inadvertently omitted from
the original assessment.
(2) Additional information.--The Secretary shall include in
the update submitted under paragraph (1) a report on the status
of the funds already appropriated, and the schedule for the
completion of projects already approved, under the programs
funded under section 8109 of the Department of Defense and Full-
Year Continuing Appropriations Act, 2011 (Public Law 112-10; 125
Stat. 82), section 8118 of the Consolidated Appropriations Act,
2012 (Public Law 112-74; 125 Stat. 833), section 8108 of the
Consolidated and Further Continuing Appropriations Act, 2013
(Public Law 113-6; 127 Stat. 322), and section 8107 of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235; 128 Stat. 2255).
(b) Comptroller General Evaluation.--Not later than 180 days after
the date of the submission of the report under subsection (a), the
Comptroller General of the United States shall submit to the
congressional defense committees an evaluation of the updated assessment
prepared by the Secretary of Defense under
[[Page 130 STAT. 2718]]
paragraph (1) of subsection (a), including an evaluation of the accuracy
and analytical sufficiency of the updated assessment.
SEC. 2815. <<NOTE: 10 USC 2556 note.>> PRIOR CERTIFICATION
REQUIRED FOR USE OF DEPARTMENT OF
DEFENSE FACILITIES BY OTHER FEDERAL
AGENCIES FOR TEMPORARY HOUSING SUPPORT.
The Secretary of Defense shall not sign a memorandum of agreement
with another Federal agency to provide the agency with a vacant facility
for purposes of temporary housing support unless the Secretary first
submits to the Committees on Armed Services of the House of
Representatives and Senate a certification that the provision of the
facility to the agency for such purpose will not negatively affect
military training, operations, readiness, or other military
requirements, including National Guard and Reserve readiness.
Subtitle C--Land Conveyances
SEC. 2821. LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL RESEARCH
PROGRAM FACILITY AND ADJACENT PROPERTY,
GAKONA, ALASKA.
(a) Conveyances Authorized.--
(1) Conveyance to university of alaska.--The Secretary of
the Air Force may convey to the University of Alaska (in this
section referred to as the ``University'') all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 1,158 acres near the Gulkana Village, Alaska,
which was purchased by the Secretary of the Air Force from
Ahtna, Incorporated, in January 1989, contain a High Frequency
Active Auroral Research Program facility, and comprise a portion
of the property more particularly described in subsection (b),
for the purpose of permitting the University to use the conveyed
property for public purposes.
(2) Conveyance to alaska native corporation.--The Secretary
of the Air Force may convey to Ahtna, Incorporated (in this
section referred to as ``Ahtna''), all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 4,259 acres near Gulkana Village, Alaska, which
was purchased by the Secretary of the Air Force from Ahtna,
Incorporated, in January 1989 and comprise the portion of the
property more particularly described in subsection (b) that does
not contain the High Frequency Active Auroral Research Program
facility. The property to be conveyed under this paragraph does
not include any of the property authorized for conveyance to the
University under paragraph (1).
(b) Property Described.--Subject to the property exclusions
specified in subsection (c), the real property authorized for conveyance
under subsection (a) consists of portions of sections within township 7
north, range 1 east; township 7 north, range 2 east; township 8 north,
range 1 east; and township 8 north, range 2 east; Copper River Meridian,
Chitina Recording District, Third Judicial District, State of Alaska, as
follows:
(1) Township 7 north, range 1 east:
(A) Section 1.
[[Page 130 STAT. 2719]]
(B) E\1/2\, S\1/2\NW\1/4\, SW\1/4\ of section 2.
(C) S\1/2\SE\1/4\, NE\1/4\SE\1/4\ of section 3.
(D) E\1/2\ of section 10.
(E) Sections 11 and 12.
(F) That portion of N\1/2\, N\1/2\S\1/2\ of section
13, excluding all lands lying southerly and easterly of
the Glenn Highway right-of-way.
(G) N\1/2\, N\1/2\S\1/2\ of section 14.
(H) NE\1/4\, NE\1/4\SE\1/4\ of section 15.
(2) Township 7 north, range 2 east:
(A) W\1/2\ of section 6.
(B) NW\1/4\ of section 7, and the portion of N\1/
2\SW\1/4\ and NW\1/4\SE\1/4\ of such section lying
northerly of the Glenn Highway right-of-way.
(3) Township 8 north, range 1 east:
(A) SE\1/4\SE\1/4\ of section 35.
(B) E\1/2\, SW\1/4\, SE\1/4\NW\1/4\ of section 36.
(4) Township 8 north, range 2 east:
(A) W\1/2\ of section 31.
(c) Exclusion of Certain Property.--The real property authorized for
conveyance under subsection (a) may not include the following:
(1) Public easements reserved pursuant to section 17(b) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)), as
described in the Warranty Deed from Ahtna, Incorporated, to the
United States, dated March 1, 1990, recorded in Book 31, pages
665 through 668 in the Chitina Recording District, Third
Judicial District, Alaska.
(2) Easement for an existing trail as described in such
Warranty Deed from Ahtna, Incorporated, to the United States.
(3) The subsurface estate.
(d) Consideration.--
(1) Conveyance to university.--As consideration for the
conveyance of property under subsection (a)(1), the University
shall provide the United States with consideration in an amount
that is acceptable to the Secretary of the Air Force, whether in
the form of cash payment, in-kind consideration, or a
combination thereof.
(2) Conveyance to ahtna.--As consideration for the
conveyance of property under subsection (a)(2), Ahtna shall
provide the United States with consideration in an amount that
is acceptable to the Secretary, whether in the form of cash
payment, in-kind consideration, a land exchange under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or a
combination thereof.
(3) Treatment of cash consideration received.--Any cash
payment received by the Secretary as consideration for a
conveyance under subsection (a) shall be deposited in the
special account in the Treasury established under subsection (b)
of section 572 of title 40, United States Code, and shall be
available in accordance with paragraph (5)(B) of such
subsection.
(e) Reversionary Interest.--If the Secretary of the Air Force
determines at any time that the real property conveyed under subsection
(a)(1) is not being used by the University in accordance with the
purposes of the conveyance specified in such subsection, all right,
title, and interest in and to the property, including any
[[Page 130 STAT. 2720]]
improvements thereto, shall, at the option of the Secretary, revert to
and become the property of the United States, and the United States
shall have the right of immediate entry onto such property. A
determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the recipient of real property under this section to
cover all costs to be incurred by the Secretary, or to reimburse
the Secretary for such costs incurred by the Secretary, to carry
out the conveyance of that property, including survey costs,
costs for environmental documentation, and any other
administrative costs related to the conveyance. If amounts are
collected in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the recipient.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out a conveyance under this section shall be
credited and made available to the Secretary as provided in
section 2695(c) of title 10, United States Code.
(g) Conveyance Agreement.--The conveyance of property under this
section shall be accomplished using a quitclaim deed or other legal
instrument and upon terms and conditions mutually satisfactory to the
Secretary of the Air Force and the recipient of the property, including
such additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2822. LAND CONVEYANCE, CAMPION AIR FORCE RADAR STATION,
GALENA, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Town of Galena, Alaska (in this
section referred to as the ``Town''), all right, title, and interest of
the United States in and to a parcel of real property, including
improvements thereon, at the former Campion Air Force Station, Alaska,
as further described in subsection (b), for the purpose of permitting
the Town to use the conveyed property for public purposes. The
conveyance under this subsection is subject to valid existing rights.
(b) Description of Property.--The property to be conveyed under
subsection (a) consists of up to approximately 1,300 acres of the
remaining land withdrawn under Public Land Order No. 843 of June 24,
1952, and Public Land Order No. 1405 of April 4, 1957, for use by the
Secretary of the Air Force as the former Campion Air Force Station. The
portions of the former Air Force Station that are not authorized to be
conveyed under subsection (a) are those portions that are subject to
environmental land use restrictions or are undergoing environmental
remediation by the Secretary of the Air Force as of the date of such
conveyance.
(c) Reversionary Interest.--If the Secretary of the Air Force
determines at any time that the real property conveyed under subsection
(a) is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and to
the land, including any improvements thereto, shall, at the option of
the Secretary, revert to and become the
[[Page 130 STAT. 2721]]
property of the United States, and the United States shall have the
right of immediate entry onto such real property. A determination by the
Secretary under this subsection shall be made on the record after an
opportunity for a hearing.
(d) Conveyance Agreement.--The conveyance of land under this section
shall be accomplished using a quitclaim deed or other legal instrument
and upon terms and conditions mutually satisfactory to the Secretary of
the Air Force, after consulting with the Secretary of the Interior, and
the Town, including such additional terms and conditions as the
Secretary of the Air Force, after consulting with the Secretary of the
Interior, considers appropriate to protect the interests of the United
States.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Town to cover all costs (except costs for
environmental remediation of the property) to be incurred by the
Secretary of the Air Force and by the Secretary of the Interior,
or to reimburse the appropriate Secretary for such costs
incurred by the Secretary, to carry out the conveyance under
this section, including survey costs, costs for environmental
documentation, and any other administrative costs related to the
conveyance. If amounts are collected from the Town in advance of
the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the appropriate Secretary shall
refund the excess amount to the Town.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary of the Air Force or by the Secretary of the Interior
to carry out the conveyance under subsection (a) shall be
credited to the fund or account that was used to cover the costs
incurred by the appropriate Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the appropriate Secretary for the purposes for
which the costs were paid. Amounts so credited shall be merged
with amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(f) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Air Force, in
consultation with the Secretary of the Interior, shall finalize a map
and the legal description of the real property to be conveyed under
subsection (a). The Secretary of the Air Force may correct any minor
errors in the map or the legal description. The map and legal
description shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(g) Supersedence of Public Land Orders.--Public Land Order Nos. 843
and 1405 are hereby superseded, but only insofar as the orders affect
the lands conveyed to the Town under subsection (a).
SEC. 2823. LEASE, JOINT BASE ELMENDORF-RICHARDSON, ALASKA.
(a) Leases Authorized.--
(1) Lease to municipality of anchorage.--The Secretary of
the Air Force may lease to the Municipality of Anchorage,
Alaska, certain real property, to include improvements thereon,
[[Page 130 STAT. 2722]]
at Joint Base Elmendorf-Richardson (``JBER''), Alaska, as more
particularly described in subsection (b) for the purpose of
permitting the Municipality to use the leased property for
recreational purposes.
(2) Lease to mountain view lions club.--The Secretary of the
Air Force may lease to the Mountain View Lions Club certain real
property, to include improvements thereon, at JBER, as more
particularly described in subsection (b) for the purpose of the
installation, operation, maintenance, protection, repair, and
removal of recreational equipment.
(b) Description of Property.--
(1) The real property to be leased under subsection (a)(1)
consists of the real property described in Department of the Air
Force Lease No. DACA85-1-99-14.
(2) The real property to be leased under subsection (a)(2)
consists of real property described in Department of the Air
Force Lease No. DACA85-1-97-36.
(c) Term and Conditions of Leases.--
(1) Term of leases.--The term of the leases authorized under
subsection (a) shall not exceed 25 years.
(2) Other terms and conditions.--Except as otherwise
provided in this section--
(A) the remaining terms and conditions of the lease
under subsection (a)(1) shall consist of the same terms
and conditions described in Department of the Air Force
Lease No. DACA85-1-99-14; and
(B) the remaining terms and conditions of the lease
under subsection (a)(2) shall consist of the same terms
and conditions described in Department of the Air Force
Lease No. DACA85-1-97-36.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the leases under this
section as the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2824. TRANSFER OF ADMINISTRATIVE JURISDICTIONS, NAVAJO ARMY
DEPOT, ARIZONA.
(a) In General.--All administrative jurisdiction of the Secretary of
Agriculture over 28,423 acres of National Forest System land located
within the Kaibab National Forest and the Coconino National Forest shown
on the map entitled ``Navajo Army Depot Jurisdiction'' and dated July
19, 2016, is hereby transferred to the Secretary of the Army.
(b) Volunteer Mountain Lookout.--
(1) Agreement.--The Secretary of the Army and the Secretary
of Agriculture shall enter into an agreement to authorize the
Secretary of Agriculture to occupy, access by vehicle, and use
Volunteer Mountain Lookout for the purposes of wildfire
detection and reporting for as long as needed by the Secretary
of Agriculture.
(2) Maintenance.--The Secretary of Agriculture shall be
responsible for maintaining the Volunteer Mountain Lookout
structure. The Secretary of the Army, in coordination with the
Secretary of Agriculture, shall be responsible for maintaining
road access to Volunteer Mountain Lookout.
(c) Restoration or Remediation.--The Secretary of the Army shall be
responsible for, and fund any environmental restoration
[[Page 130 STAT. 2723]]
or remediation that is required for, the abatement of any release of
hazardous substances, pollutants, contaminants, or petroleum products on
the land referenced in subsection (a), and shall hold harmless the
Secretary of Agriculture from any financial obligation to contribute to
any such restoration or remediation.
(d) Revocation.--Public Land Order 59 (dated November 12, 1942) and
Public Land Order 176 (dated September 29, 1943) are hereby revoked.
(e) Reversionary Interest.--On the request of the owners of the Camp
Navajo railroad 1 parcel and the Camp Navajo railroad 2 parcel, any
reversionary interest of the United States pursuant to the Act of July
27, 1866 (14 Stat. 292, chapter 278), in and to the Camp Navajo railroad
1 parcel shall be transferred to the Camp Navajo railroad 2 parcel.
(f) Release.--On transfer of the reversionary interest under
subsection (e), the Camp Navajo railroad 1 parcel shall no longer be
subject to the reversionary interest described in that subsection.
(g) Definitions.--In this section:
(1) Camp navajo railroad 1 parcel.--The term ``Camp Navajo
railroad 1 parcel'' means the land described in the deed
recorded in Coconino County, Arizona, on October 6, 2014, as
document number 3703647.
(2) Camp navajo railroad 2 parcel.--The term ``Camp Navajo
railroad 2 parcel'' means the parcel of land as described in the
deed recorded in Coconino County, Arizona, on June 2, 2006, as
document number 3386576.
SEC. 2825. EXCHANGE OF PROPERTY INTERESTS, SAN DIEGO UNIFIED PORT
DISTRICT, CALIFORNIA.
(a) Exchange of Property Interests Authorized.--
(1) Interests to be conveyed.--The Secretary of the Navy
(hereafter referred to as the ``Secretary'') may convey to the
San Diego Unified Port District (hereafter referred to as the
``District'') all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon and, without limitation, any leasehold
interests of the United States therein, consisting of
approximately 0.33 acres and identified as Parcel No. 4 on
District Drawing No. 018-107 (April 2013). This parcel contains
48 parking spaces central to the mission conducted on the site
of the Navy's leasehold interest at 1220 Pacific Highway, San
Diego, California.
(2) Interests to be acquired.--In exchange for the property
interests described in paragraph (1), the Secretary may accept
from the District property interests of equal value and similar
utility, as determined by the Secretary, located within
immediate proximity to the property described in paragraph (1),
that provide the rights to an equivalent number of parking
spaces of equal value (subject to subsection (c)(1)).
(b) Encumbrances.--
(1) No acceptance of property with encumbrances precluding
use as parking spaces.--In an exchange of property interests
under subsection (a), the Secretary may not accept any property
under subsection (a)(2) unless the property is free of
encumbrances that would preclude the Department of the Navy from
using the property for parking spaces, as determined under
paragraph (2).
[[Page 130 STAT. 2724]]
(2) Determination of freedom from encumbrances.--For
purposes of paragraph (1), a property shall be considered to be
free of encumbrances that would preclude the Department of the
Navy from using the property for parking spaces if--
(A) the District guarantees and certifies that the
property is free of such encumbrances under its own
authority to preclude the use of the property for
parking spaces; and
(B) the District obtains guarantees and
certifications from appropriate entities of the State
and units of local government that the property is free
of any such encumbrances that may be in place pursuant
to the Tidelands Trust, the North Embarcadero Visionary
Plan, the Downtown Community Plan, or any other law,
regulation, plan, or document.
(c) Equalization.--
(1) Transfer of rights to additional parking spaces.--If the
value of the property interests described in subsection (a)(1)
is greater than the value of the property interests and rights
to parking spaces described in subsection (a)(2), the values
shall be equalized by the transfer to the Secretary of rights to
additional parking spaces.
(2) No authorization of cash equalization payments from
secretary.--If the value of the property interests and parking
rights described in subsection (a)(2) are greater than the value
of the property interests described in subsection (a)(1), the
Secretary may not make a cash equalization payment to equalize
the values.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
District to cover all costs to be incurred by the Secretary, or
to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the exchange of property interests under
this section, including survey costs, costs related to
environmental documentation, real estate due diligence such as
appraisals, and any other administrative costs related to the
exchange of property interests. If amounts are collected from
the District in advance of the Secretary incurring the actual
costs and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the exchange of property
interests, the Secretary shall refund the excess amount to the
District.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the exchange of property interests.
Amounts so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property interests to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary.
(f) Conveyance Agreement.--The exchange of property interests under
this section shall be accomplished using a lease, lease amendment, or
other legal instrument and upon terms and conditions mutually
satisfactory to the Secretary and the District,
[[Page 130 STAT. 2725]]
including such additional terms and conditions as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2826. RELEASE OF PROPERTY INTERESTS RETAINED IN CONNECTION
WITH LAND CONVEYANCE, EGLIN AIR FORCE
BASE, FLORIDA.
(a) Release of Exceptions, Limitations, and Conditions in Deeds.--
With respect to approximately 126 acres of real property in Okaloosa
County, Florida, more particularly described in subsection (b), which
were conveyed by the United States to the Air Force Enlisted Mens'
Widows and Dependents Home Foundation, Incorporated (``Air Force
Enlisted Village''), the Secretary of the Air Force may release, without
consideration, any and all exceptions, limitations, and conditions
specified by the United States in the deeds conveying such real
property.
(b) Property Described.--The real property subject to subsection (a)
was part of Eglin Air Force, Florida, and consists of all parcels
conveyed in exchange for fair market value cash payment by the Air Force
Enlisted Village pursuant to section 809(c) of the Military Construction
Authorization Act, 1979 (Public Law 95-356; 92 Stat. 587), as amended by
section 2826 of the Military Construction Authorization Act, 1989
(Public Law 100-456; 102 Stat. 2123), and section 2861 of the Military
Construction Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2223).
(c) Instrument of Release and Description of Property.--The
Secretary may execute and record in the appropriate office a deed of
release, amended deed, or other appropriate instrument reflecting the
release of exceptions, limitations, and conditions under subsection (a).
(d) Payment of Administrative Costs.--
(1) Payment required.--The Secretary may require the Air
Force Enlisted Village to pay for any costs to be incurred by
the Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the release under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
release. If amounts paid to the Secretary in advance exceed the
costs actually incurred by the Secretary to carry out the
release, the Secretary shall refund the excess amount to the Air
Force Enlisted Village.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the release under subsection (a) shall be
credited and made available to the Secretary as provided in
section 2695(c) of title 10, United States Code.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the release of
exceptions, limitations, and conditions under subsection (a) as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2827. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) Exchange Authorized.--The Secretary of the Army may convey to
the City of Copperas Cove, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 437 acres at Fort Hood, Texas,
[[Page 130 STAT. 2726]]
for the purpose of permitting the City to improve arterial
transportation routes in the vicinity of Fort Hood and to promote
economic development in the area of the City and Fort Hood.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall convey to the Secretary of the Army all
right, title, and interest of the City in and to one or more parcels of
real property that are acceptable to the Secretary. The fair market
value of the real property acquired by the Secretary under this
subsection shall be at least equal to the fair market value of the real
property conveyed under subsection (a), as determined by appraisals
acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary of the
Army.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary of the Army shall
require the City to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyances under this section,
including survey costs related to the conveyances. If amounts
are collected from the City in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the
conveyances, the Secretary shall refund the excess amount to the
City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyances under this section shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyances.
Amounts so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
conveyances under this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2828. LAND CONVEYANCE, P-36 WAREHOUSE, COLBERN UNITED STATES
ARMY RESERVE CENTER, LAREDO, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Laredo Community College (in this section
referred to as the ``LCC'') all right, title, and interest of the United
States in and to a parcel of real property consisting of approximately
0.077 acres, including the approximately 725 sq. ft. Historic Building,
P-36 Warehouse, and other improvements thereon, at Colbern United States
Army Reserve Center, Laredo, Texas, for the purposes of educational use
and historic preservation.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army shall
require the LCC to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary, or
to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental documentation,
and any other administrative costs related to the conveyance.
[[Page 130 STAT. 2727]]
If amounts are collected from the LCC in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount
to the LCC.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Army.
(d) Reversionary Interest.--
(1) Reversion.--If the Secretary of the Army determines at
any time that the property conveyed under subsection (a) is not
being used in accordance with the purpose of the conveyance
specified in subsection (a), all right, title, and interest in
and to such property, including any improvements thereto, shall,
at the option of the Secretary, revert to and become the
property of the United States, and the United States shall have
the right of immediate entry onto such property. A determination
by the Secretary under this paragraph shall be made on the
record after an opportunity for a hearing.
(2) Payment of consideration in lieu of reversion.--In lieu
of exercising the right of reversion retained under paragraph
(1) with respect to the property conveyed under subsection (a),
the Secretary may require the LCC to pay to the United States an
amount equal to the fair market value of the property conveyed,
as determined by the Secretary.
(3) Treatment of cash consideration.--Any cash payment
received by the United States under paragraph (2) shall be
deposited in the special account in the Treasury established
under subsection (b) of section 572 of title 40, United States
Code, and shall be available in accordance with paragraph (5)(B)
of such subsection.
(e) Additional Terms.--The Secretary of the Army may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2829. LAND CONVEYANCE, ST. GEORGE NATIONAL GUARD ARMORY, ST.
GEORGE, UTAH.
(a) Land Conveyance Authorized.--The Secretary of the Interior may
convey, without consideration, to the State of Utah all right, title,
and interest of the United States in and to a parcel of public land in
St. George, Utah, comprising approximately 70 acres, as described in
Public Land Order 6840 published in the Federal Register on March 29,
1991 (56 Fed. Reg. 13081), and containing the St. George National Guard
Armory for the purpose of permitting the Utah National Guard to use the
conveyed land for military purposes.
[[Page 130 STAT. 2728]]
(b) Termination of Prior Administrative Action.--The Public Land
Order described in subsection (a), which provided for a 20-year
withdrawal of the public land described in the Public Land Order, is
withdrawn upon conveyance of the land under this section.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under this section shall be
determined by a survey satisfactory to the Secretary of the Interior.
(d) Conveyance Agreement.--The conveyance under this section shall
be accomplished using a quitclaim deed or other legal instrument and
upon terms and conditions mutually satisfactory to the Secretary of the
Interior and the State of Utah, including such additional terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
(e) Reversionary Interest.--If the Secretary of the Interior
determines at any time that the property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in subsection (a), all right, title, and interest in and to
such property, including any improvements thereto, shall, at the option
of the Secretary, revert to and become the property of the United
States, and the United States shall have the right of immediate entry
onto such property. A determination by the Secretary under this
paragraph shall be made on the record after an opportunity for a
hearing.
SEC. 2829A. LAND ACQUISITIONS, ARLINGTON COUNTY, VIRGINIA.
(a) Acquisition Authorized.--
(1) In general.--The Secretary of the Army may acquire by
purchase, exchange, donation, or by other means, including
condemnation, which the Secretary determines is sufficient for
the expansion of Arlington National Cemetery for purposes of
ensuring maximization of interment sites and compatible use of
adjacent properties, including any appropriate cemetery or
memorial parking, all right, title, and interest in and to
land--
(A) from Arlington County (in this section referred
to as the ``County''), one or more parcels of real
property in the area known as the Southgate Road right-
of-way, Columbia Pike right-of-way, and South Joyce
Street right-of-way located in Arlington County,
Virginia; and
(B) from the Commonwealth of Virginia (in this
section referred to as the ``Commonwealth''), one or
more parcels of property in the area known as the
Columbia Pike right-of-way, including the Washington
Boulevard-Columbia Pike interchange, but excluding the
Virginia Department of Transportation Maintenance and
Operations Facility.
(2) Selection of property for acquisition.--The Memorandum
of Understanding between the Department of the Army and
Arlington County signed in January 2013 shall be used as a guide
in determining the properties to be acquired under this section
to expand Arlington National Cemetery to the maximum extent
practicable. After consultation with the Commonwealth and the
County, the Secretary shall determine the exact parcels to be
acquired, and such determination shall be final. In selecting
the properties to be acquired under paragraph (1), the Secretary
shall seek--
[[Page 130 STAT. 2729]]
(A) to remove existing barriers to the expansion of
Arlington National Cemetery north of Columbia Pike
through a realignment of Southgate Road to the western
boundary of the former Navy Annex site; and
(B) to support the realignment and straightening of
Columbia Pike and redesign of the Washington Boulevard-
Columbia Pike interchange.
(3) Consideration.--The Secretary is authorized to expend
amounts up to fair market value consideration for the interests
in land acquired under this subsection.
(b) Exchange Authorized.--
(1) Exchange.--In carrying out the acquisition authorized in
subsection (a), in lieu of the consideration authorized under
subsection (a)(3), the Secretary may convey through land
exchange--
(A) to the County, all right, title, and interest of
the United States in and to one or more parcels of real
property, together with any improvements thereon,
located south of current Columbia Pike and west of South
Joyce Street in Arlington County, Virginia;
(B) to the Commonwealth, all right, title, and
interest of the United States in and to one or more
parcels of property east of Joyce Street in Arlington
County, Virginia, necessary for the realignment of
Columbia Pike and the Washington Boulevard-Columbia Pike
interchange, as well as for future improvements to
Interstate 395 ramps; and
(C) to either the County or the Commonwealth, other
real property under control of the Secretary determined
by the Secretary to be excess to the needs of the Army.
(2) Exchange value.--
(A) Minimum value.--The Secretary shall obtain no
less than fair market value consideration for any
property conveyed under this subsection.
(B) Cash equalization.--Where the value of property
to be exchanged is greater than the value of property to
be acquired by the Secretary, the Secretary may accept
cash equalization payments.
(C) Treatment of cash consideration received.--Any
cash payment received by the United States as
consideration for the conveyance under subparagraph (B)
shall be deposited in the special account in the
Treasury established under subsection (b) of section 572
of title 40, United States Code, and shall be available
in accordance with paragraph (5)(B) of such subsection
or, in the case of conveyance of excess property located
on a military installation closed under the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), shall
be deposited in the special account established under
section 2906 of such Act.
(c) Appraisals.--The value of property to be acquired or conveyed
under this section shall be determined by appraisals acceptable to the
Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be acquired or conveyed under this
section shall be determined by surveys satisfactory to the Secretary, in
consultation with the Commonwealth and the County where practicable.
[[Page 130 STAT. 2730]]
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with transactions
authorized under this section as is considered appropriate to protect
the interests of the United States.
(f) Repeal of Authority.--Section 2841 of the Military Construction
Authorization Act for Fiscal Year 2015 (division B of Public Law 113-
291; 128 Stat. 3712) is repealed.
SEC. 2829B. RELEASE OF RESTRICTIONS, RICHLAND INNOVATION CENTER,
RICHLAND, WASHINGTON.
(a) Release Authorized.--The Secretary of Transportation, acting
through the Maritime Administrator and in consultation with the
Administrator of General Services, may, upon receipt of full
consideration as provided in subsection (b), release all remaining
right, title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, in Richland,
Washington, consisting as of the date of the enactment of this Act of
approximately 71.5 acres and containing personal and real property, to
the Port of Benton (hereafter in this section referred to as the
``Port'').
(b) Consideration.--
(1) Consideration required.--As consideration for the
release under subsection (a), the Port shall provide an amount
that is acceptable to the Secretary of Transportation, whether
by cash payment, in-kind consideration as described under
paragraph (2), or a combination thereof, at such time as the
Secretary may require. The Secretary may determine the level of
acceptable consideration under this paragraph on the basis of
the value of the restrictions released under subsection (a), but
only if the value of such restrictions is determined without
regard to any improvements made by the Port.
(2) In-kind consideration.--In-kind consideration provided
by the Port under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facility or infrastructure under the
jurisdiction of any office of the Federal Government.
(3) Treatment of consideration received.--Consideration in
the form of cash payment received by the Secretary under
paragraph (1) shall be deposited in the separate fund in the
Treasury described in section 572(a)(1) of title 40, United
States Code.
(c) Payment of Cost of Release.--
(1) Payment required.--The Secretary of Transportation shall
require the Port to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the release under subsection (a),
including survey costs, costs for environmental documentation
related to the release, and any other administrative costs
related to the release. If amounts are collected from the Port
in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the release, the Secretary shall refund
the excess amount to the Port.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred
[[Page 130 STAT. 2731]]
by the Secretary in carrying out the release under subsection
(a) or, if the period of availability of obligations for that
appropriation has expired, to the appropriations of fund that is
currently available to the Secretary for the same purpose.
Amounts so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property which is the subject of the release
under subsection (a) shall be determined by a survey satisfactory to the
Secretary of Transportation.
(e) Additional Terms and Conditions.--The Secretary of
Transportation may require such additional terms and conditions in
connection with the release under subsection (a) as the Secretary, in
consultation with the Administrator of General Services, considers
appropriate to protect the interests of the United States.
SEC. 2829C. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN
ARSENAL NATIONAL WILDLIFE REFUGE.
Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife
Refuge Act of 1992 (Public Law 102-402; 16 U.S.C. 668dd note) is amended
by adding at the end the following new subparagraph:
``(C)(i) Notwithstanding clause (i) of subparagraph (A), the
restriction attached to any deed to any real property designated
for disposal under this section that prohibits the use of the
property for residential or industrial purposes may be modified
or removed if a determination is made that the property will be
protective of human health and the environment for the proposed
use with an adequate margin of safety following the modification
or removal of the restriction.
``(ii) The determination described in clause (i) shall be
made after--
``(I) the performance of a risk assessment pursuant
to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); and
``(II) the completion of response actions that are
necessary to protect human health and the environment to
allow for the proposed use.
``(iii) The Secretary of the Army shall not be responsible
or liable for any of the following:
``(I) The cost of the risk assessment performed
under subclause (I) of clause (ii) or any response
actions described in subclause (II) of clause (ii).
``(II) Any damages attributable to the use of
property for residential or industrial purposes as the
result of the modification or removal of a deed
restriction pursuant to clause (i), or the costs of any
actions taken in response to such damages.''.
SEC. 2829D. CLOSURE OF ST. MARYS AIRPORT.
(a) Release of Restrictions.--Subject to subsection (b), the United
States, acting through the Administrator of the Federal Aviation
Administration, shall release the city of St. Marys, Georgia, from all
restrictions, conditions, and limitations on the use, encumbrance,
conveyance, and closure of the St. Marys Airport, to the
[[Page 130 STAT. 2732]]
extent such restrictions, conditions, and limitations are enforceable by
the Administrator.
(b) Requirements for Release of Restrictions.--The Administrator
shall execute the release under subsection (a) once all of the following
occurs:
(1) The Secretary of the Navy transfers to the Georgia
Department of Transportation the amounts described in subsection
(c) and requires as an enforceable condition on such transfer
that all funds transferred shall be used only for airport
development (as defined in section 47102 of title 49, United
States Code) of a general aviation airport in Georgia,
consistent with planning efforts conducted by the Administrator
and the Georgia Department of Transportation.
(2) The city of St. Marys, for consideration as provided for
in this section, grants to the United States, under the
administrative jurisdiction of the Secretary, a restrictive use
easement in the real property used for the St. Marys Airport, as
determined acceptable by the Secretary, under such terms and
conditions as the Secretary considers necessary to protect the
interests of the United States and prohibiting the future use of
such property for all aviation-related purposes and any other
purposes deemed by the Secretary to be incompatible with the
operations, functions, and missions of Naval Submarine Base,
Kings Bay, Georgia.
(3) The Secretary obtains an appraisal to determine the fair
market value of the real property used for the St. Marys Airport
in the manner described in subsection (c)(1).
(4) The Administrator fulfills the obligations under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) in connection with the release under subsection (a). In
carrying out such obligations--
(A) the Administrator shall not assume or consider
any potential or proposed future redevelopment of the
current St. Marys airport property;
(B) any potential new general aviation airport in
Georgia shall be deemed to be not connected with the
release noted in subsection (a) nor the closure of St.
Marys Airport; and
(C) any environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a potential general aviation airport in
Georgia shall be considered through an environmental
review process separate and apart from the environmental
review made a condition of release by this section.
(c) Transfer of Amounts Described.--The amounts described in this
subsection are the following:
(1) An amount equal to the fair market value of the real
property of the St. Marys Airport, as determined by the
Secretary and concurred in by the Administrator, based on an
appraisal report and title documentation that--
(A) is prepared or adopted by the Secretary, and
concurred in by the Administrator, not more than 180
days prior to the transfer described in subsection
(b)(1); and
(B) meets all requirements of Federal law and the
appraisal and documentation standards applicable to the
acquisition and disposal of real property interests of
the United States.
[[Page 130 STAT. 2733]]
(2) An amount equal to the unamortized portion of any
Federal development grants (including grants available under a
State block grant program established pursuant to section 47128
of title 49, United States Code), other than used for the
acquisition of land, paid to the city of St. Marys for use as
the St. Marys Airport.
(3) An amount equal to the airport revenues remaining in the
airport account for the St. Marys Airport as of the date of the
enactment of this Act and as otherwise due to or received by the
city of St. Marys after such date of enactment pursuant to
sections 47107(b) and 47133 of title 49, United States Code.
(d) Authorization for Transfer of Funds.--Using funds available to
the Department of the Navy for operation and maintenance, the Secretary
may pay the amounts described in subsection (c) to the Georgia
Department of Transportation, conditioned as described in subsection
(b)(1).
(e) Additional Requirements.--
(1) Survey.--The exact acreage and legal description of St.
Marys Airport shall be determined by a survey satisfactory to
the Secretary and concurred in by the Administrator.
(2) Planning of general aviation airport.--Any planning
effort for the development of a new general aviation airport in
southeast Georgia using the amounts described in subsection (c)
shall be conducted in coordination with the Secretary, and shall
ensure that any such airport does not encroach on the
operations, functions, and missions of Naval Submarine Base,
Kings Bay, Georgia.
(f) Rule of Construction.--Nothing in this section may be construed
to limit the applicability of--
(1) the requirements and processes under section 46319 of
title 49, United States Code;
(2) the requirements and processes under part 157 of title
14, Code of Federal Regulations; or
(3) the public notice requirements under section 47107(h)(2)
of title 49, United States Code.
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.
(a) Inclusion of Mark Center Campus Under Pentagon Reservation
Authorities.--
(1) Definition of pentagon reservation.--Paragraph (1) of
subsection (f) of section 2674 of title 10, United States Code,
is amended to read as follows:
``(1) The term `Pentagon Reservation' means the Pentagon,
the Mark Center Campus, and the Raven Rock Mountain Complex.''.
(2) Other definitions.--Such subsection is further amended
by adding at the end the following new paragraphs:
``(3) The term `Pentagon' means that area of land
(consisting of approximately 227 acres) and improvements
thereon, including parking areas, located in Arlington County,
Virginia, containing the Pentagon Office Building and its
supporting facilities.
[[Page 130 STAT. 2734]]
``(4) The term `Mark Center Campus' means that area of land
(consisting of approximately 16 acres) and improvements thereon,
including parking areas, located in Alexandria, Virginia, and
known on the day before the date of the enactment of this
paragraph as the Fort Belvoir Mark Center Campus.
``(5) The term `Raven Rock Mountain Complex' means that area
of land (consisting of approximately 720 acres) and improvements
thereon, including parking areas, at the Raven Rock Mountain
Complex and its supporting facilities located in Maryland and
Pennsylvania.''.
(3) Conforming amendment relating to law enforcement
authority.--Subsection (b)(1) of such section is amended by
inserting ``for the Pentagon Reservation and'' after ``law
enforcement and security functions''.
(4) Conforming amendment relating to definitions.--
Subsection (g) of such section is repealed.
(b) Update to Reference to Secretary of Defense Authority.--
Subsection (a) of such section is amended--
(1) by striking ``Jurisdiction'' and inserting ``The
Secretary of Defense has jurisdiction''; and
(2) by striking ``is transferred to the Secretary of
Defense''.
(c) Repeal of Obsolete Reporting Requirement.--Such subsection is
further amended--
(1) by striking ``(1)'' after ``(a)''; and
(2) by striking paragraphs (2) and (3).
(d) Subsection Captions.--Such section is further amended--
(1) in subsection (a), as amended by subsection (c) of this
section, by inserting ``Pentagon Reservation.--'' after ``(a)'';
(2) in subsection (b), by striking ``(b)(1)'' and inserting
`` (b) Law Enforcement Authorities and Personnel.--(1)'';
(3) in subsection (c), by striking ``(c)(1)'' and inserting
`` (c) Regulations and Enforcement.--(1)'';
(4) in subsection (d), by inserting ``Authority To Charge
for Provision of Certain Services and Facilities.--'' after
``(d)'';
(5) in subsection (e), by striking ``(e)(1)'' and inserting
`` (e) Pentagon Reservation Maintenance Revolving Fund.--(1)'';
and
(6) in subsection (f), by inserting ``Definitions.--'' after
``(f)''.
SEC. 2829F. RETURN OF CERTAIN LANDS AT FORT WINGATE, NEW MEXICO,
TO THE ORIGINAL INHABITANTS.
(a) Division and Treatment of Lands of Former Fort Wingate Depot
Activity, New Mexico, to Benefit the Zuni Tribe and Navajo Nation.--
(1) Immediate trust on behalf of zuni tribe; exception.--
Subject to valid existing rights and to easements reserved
pursuant to subsection (b), all right, title, and interest of
the United States in and to the lands of Former Fort Wingate
Depot Activity depicted in dark blue on the map titled ``The
Fort Wingate Depot Activity Negotiated Property Division April
2016'' (in this section referred to as the ``Map'') and
transferred to the Secretary of the Interior are to be held in
trust by the Secretary of the Interior for the Zuni Tribe as
part of the Zuni Reservation, unless the Zuni Tribe otherwise
elects
[[Page 130 STAT. 2735]]
under clause (ii) of paragraph (3)(C) to have the parcel
conveyed to it in Restricted Fee Status.
(2) Immediate trust on behalf of the navajo nation;
exception.--Subject to valid existing rights and to easements
reserved pursuant to subsection (b), all right, title, and
interest of the United States in and to the lands of Former Fort
Wingate Depot Activity depicted in dark green on the Map and
transferred to the Secretary of the Interior are to be held in
trust by the Secretary of the Interior for the Navajo Nation as
part of the Navajo Reservation, unless the Navajo Nation
otherwise elects under clause (ii) of paragraph (3)(C) to have
the parcel conveyed to it in Restricted Fee Status.
(3) Subsequent transfer and trust; restricted fee status
alternative.--
(A) Transfer upon completion of remediation.--Not
later than 60 days after the date on which the Secretary
of the Army, with the concurrence of the New Mexico
Environment Department, notifies the Secretary of the
Interior that remediation of a parcel of land of Former
Fort Wingate Depot Activity has been completed
consistent with subsection (c), the Secretary of the
Army shall transfer administrative jurisdiction over the
parcel to the Secretary of the Interior.
(B) Notification of transfer.--Not later than 30
days after the date on which the Secretary of the Army
transfers administrative jurisdiction over a parcel of
land of Former Fort Wingate Depot Activity under
subparagraph (A), the Secretary of the Interior shall
notify the Zuni Tribe and Navajo Nation of the transfer
of administrative jurisdiction over the parcel.
(C) Trust or restricted fee status.--
(i) Trust.--Except as provided in clause (ii),
the Secretary of the Interior shall hold each
parcel of land of Former Fort Wingate Depot
Activity transferred under subparagraph (A) in
trust--
(I) for the Zuni Tribe, in the case
of land depicted in blue on the Map; or
(II) for the Navajo Nation, in the
case of land depicted in green on the
Map.
(ii) Restricted fee status.--In lieu of having
a parcel of land held in trust under clause (i),
the Zuni Tribe, with respect to land depicted in
blue on the Map, and the Navajo Nation, with
respect to land depicted in green on the Map, may
elect to have the Secretary of the Interior convey
the parcel or any portion of the parcel to it in
restricted fee status.
(iii) Notification of election.--Not later
than 45 days after the date on which the Zuni
Tribe or the Navajo Nation receives notice under
subparagraph (B) of the transfer of administrative
jurisdiction over a parcel of land of Former Fort
Wingate Depot Activity, the Zuni Tribe or the
Navajo Nation shall notify the Secretary of the
Interior of an election under clause (ii) for
conveyance of the parcel or any portion of the
parcel in restricted fee status.
(iv) Conveyance.--As soon as practicable after
receipt of a notice from the Zuni Tribe or the
Navajo
[[Page 130 STAT. 2736]]
Nation under clause (iii), but in no case later
than 6 months after receipt of the notice, the
Secretary of the Interior shall convey, in
restricted fee status, the parcel of land of
Former Fort Wingate Depot Activity covered by the
notice to the Zuni Tribe or the Navajo Nation, as
the case may be.
(v) Restricted fee status defined.--For
purposes of this section only, the term
``restricted fee status'', with respect to land
conveyed under clause (iv), means that the land so
conveyed--
(I) shall be owned in fee by the
Indian tribe to whom the land is
conveyed;
(II) shall be part of the Indian
tribe's Reservation and expressly made
subject to the jurisdiction of the
Indian Tribe;
(III) shall not be sold by the
Indian tribe without the consent of
Congress;
(IV) shall not be subject to
taxation by a State or local government
other than the government of the Indian
tribe; and
(V) shall not be subject to any
provision of law providing for the
review or approval by the Secretary of
the Interior before an Indian tribe may
use the land for any purpose, directly
or through agreement with another party.
(4) Survey and boundary requirements.--
(A) In general.--The Secretary of the Interior
shall--
(i) provide for the survey of lands of Former
Fort Wingate Depot Activity taken into trust for
the Zuni Tribe or the Navajo Nation or conveyed in
restricted fee status for the Zuni Tribe or the
Navajo Nation under paragraph (1), (2), or (3);
and
(ii) establish legal boundaries based on the
Map as parcels are taken into trust or conveyed in
restricted fee status.
(B) Consultation.--Not later than 90 days after the
date of the enactment of this section, the Secretary of
the Interior shall consult with the Zuni Tribe and the
Navajo Nation to determine their priorities regarding
the order in which parcels should be surveyed and, to
the greatest extent feasible, the Secretary shall follow
these priorities.
(5) Relation to certain regulations.--Part 151 of title 25,
Code of Federal Regulations, shall not apply to taking lands of
Former Fort Wingate Depot Activity into trust under paragraph
(1), (2), or (3).
(6) Fort wingate launch complex land status.--Upon
certification by the Secretary of Defense that the area
generally depicted as ``Fort Wingate Launch Complex'' on the Map
is no longer required for military purposes and can be
transferred to the Secretary of the Interior--
(A) the areas generally depicted as ``FWLC A'' and
``FWLC B'' on the Map shall be held in trust by the
Secretary of the Interior for the Zuni Tribe in
accordance with this subsection; and
[[Page 130 STAT. 2737]]
(B) the areas generally depicted as ``FWLC C'' and
``FWLC D'' on the Map shall be held in trust by the
Secretary of the Interior for the Navajo Nation in
accordance with this subsection.
(b) Temporary Retention of Necessary Easements and Access.--
(1) Treatment of existing easements, permit rights, and
rights-of-way.--
(A) In general.--The lands of Former Fort Wingate
Depot Activity held in trust or conveyed in restricted
fee status pursuant to subsection (a) shall be held in
trust with easements, permit rights, and rights-of-way,
and access associated with such easements, permit
rights, and rights-of-way, of any applicable utility
service provider in existence or for which an
application is pending for existing facilities at the
time of the conveyance or change to trust status,
including the right to upgrade applicable utility
services recognized and preserved, for a period of 40
years beginning on the date of the conveyance or change
to trust status and without the right of revocation
during such period (except as provided in subparagraph
(B)).
(B) Termination.--During the 40-year period referred
to in subparagraph (A), an easement, permit right, or
right-of-way recognized and preserved under subparagraph
(A) shall terminate only--
(i) on the relocation of an applicable utility
service referred to in subparagraph (A), but only
with respect to that portion of the utility
facilities that are relocated; or
(ii) with the consent of the holder of the
easement, permit right, or right-of-way.
(C) Additional easements.--During the 40-year period
referred to in subparagraph (A), the Secretary of the
Interior shall grant to a utility service provider,
without consideration, such additional easements across
lands held in trust or conveyed in restricted fee status
pursuant to subsection (a) as the Secretary considers
necessary to accommodate the relocation or reconnection
of a utility service existing on the date of enactment
of this section.
(2) Access for environmental response actions.--The lands of
Former Fort Wingate Depot Activity held in trust or conveyed in
restricted fee status pursuant to subsection (a) shall be
subject to reserved access by the United States as the Secretary
of the Army and the Secretary of the Interior determine are
reasonably required to permit access to lands of Former Fort
Wingate Depot Activity for administrative and environmental
response purposes. The Secretary of the Army shall provide to
the governments of the Zuni Tribe and the Navajo Nation written
copies of all access reservations under this subsection.
(3) Shared access.--
(A) Parcel 1 shared cultural and religious access.--
In the case of the lands of Former Fort Wingate Depot
Activity depicted as Parcel 1 on the Map, the lands
shall be held in trust subject to a shared easement for
cultural and religious purposes only. Both the Zuni
Tribe and the Navajo Nation shall have unhindered access
to
[[Page 130 STAT. 2738]]
their respective cultural and religious sites within
Parcel 1. Within 1 year after the date of the enactment
of this section, the Zuni Tribe and the Navajo Nation
shall exchange detailed information to document the
existence of cultural and religious sites within Parcel
1 for the purpose of carrying out this subparagraph. The
information shall also be provided to the Secretary of
the Interior.
(B) Other shared access.--Subject to the written
consent of both the Zuni Tribe and the Navajo Nation,
the Secretary of the Interior may facilitate shared
access to other lands held in trust or restricted fee
status pursuant to subsection (a), including, but not
limited to, religious and cultural sites.
(4) I-40 frontage road entrance.--The access road for the
Former Fort Wingate Depot Activity, which originates at the
frontage road for Interstate 40 and leads to the parcel of the
Former Fort Wingate Depot Activity depicted as ``administration
area'' on the Map, shall be held in common by the Zuni Tribe and
Navajo Nation to provide for equal access to Former Fort Wingate
Depot Activity.
(5) Compatibility with defense activities.--The lands of
Former Fort Wingate Depot Activity held in trust or conveyed in
restricted fee status pursuant to subsection (a) shall be
subject to reservations by the United States as the Secretary of
Defense determines are reasonably required to permit access to
lands of the Fort Wingate launch complex for administrative,
test operations, and launch operations purposes. The Secretary
of Defense shall provide the governments of the Zuni Tribe and
the Navajo Nation written copies of all reservations under this
paragraph.
(c) Environmental Remediation.--Nothing in this section shall be
construed as alleviating, altering, or affecting the responsibility of
the United States for cleanup and remediation of Former Fort Wingate
Depot Activity in accordance with the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
(d) Prohibition on Gaming.--Any real property of the Former Fort
Wingate Depot Activity and all other real property subject to this
section shall not be eligible, or used, for any gaming activity carried
out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Subtitle D--Military Memorials, Monuments, and Museums
SEC. 2831. <<NOTE: 10 USC 4781 note.>> CYBER CENTER FOR EDUCATION
AND INNOVATION-HOME OF THE NATIONAL
CRYPTOLOGIC MUSEUM.
(a) Authority To Establish and Operate Center.--Chapter 449 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 4781. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum
``(a) Establishment.--The Secretary of Defense may establish at a
publicly accessible location at Fort George G. Meade the `Cyber Center
for Education and Innovation-Home of the National Cryptologic Museum'
(in this section referred to as the `Center').
[[Page 130 STAT. 2739]]
The Center may be used for the identification, curation, storage, and
public viewing of materials relating to the activities of the National
Security Agency, its predecessor or successor organizations, and the
history of cryptology. The Center may contain meeting, conference, and
classroom facilities that will be used to support such education,
training, public outreach, and other purposes as the Secretary considers
appropriate.
``(b) Design, Construction, and Operation.--The Secretary may enter
into an agreement with the National Cryptologic Museum Foundation (in
this section referred to as the `Foundation'), a nonprofit organization,
for the design, construction, and operation of the Center.
``(c) Acceptance Authority.--
``(1) Acceptance of facility.--If the Foundation constructs
the Center pursuant to an agreement with the Foundation under
subsection (b), upon satisfactory completion of the Center's
construction or any phase thereof, as determined by the
Secretary, and upon full satisfaction by the Foundation of any
other obligations pursuant to such agreement, the Secretary may
accept the Center (or any phase thereof) from the Foundation,
and all right, title, and interest in the Center or such phase
shall vest in the United States.
``(2) Acceptance of services.--Notwithstanding section 1342
of title 31, the Secretary may accept services from the
Foundation in connection with the design, construction, and
operation of the Center. For purposes of this section and any
other provision of law, employees or personnel of the Foundation
shall not be considered to be employees of the United States.
``(d) Fees and User Charges.--
``(1) Authority to assess fees and user charges.--The
Secretary may assess fees and user charges sufficient to cover
the cost of the use of Center facilities and property, including
rental, user, conference, and concession fees.
``(2) Use of funds.--Amounts received by the Secretary under
paragraph (1) shall be deposited into the Fund established under
subsection (e).
``(e) Fund.--
``(1) Establishment.--Upon the Secretary's acceptance of the
Center under subsection (c)(1), there is established in the
Treasury a fund to be known as the Cyber Center for Education
and Innovation-Home of the National Cryptologic Museum Fund (in
this section referred to as the `Fund').
``(2) Contents.--The Fund shall consist of the following
amounts:
``(A) Fees and user charges deposited by the
Secretary under subsection (d).
``(B) Any other amounts received by the Secretary
which are attributable to the operation of the Center.
``(3) Use of fund.--Amounts in the Fund shall be available
to the Secretary for the benefit and operation of the Center,
including the costs of operation and the acquisition of books,
manuscripts, works of art, historical artifacts, drawings,
plans, models, and condemned or obsolete combat materiel.
``(4) Continuing availability of amounts.--Amounts in the
Fund shall be available without fiscal year limitation.''.
[[Page 130 STAT. 2740]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 4771.>> is amended by adding at the
end the following new item:
``4781. 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.
Section 101(b)(5) of the Dayton Aviation Heritage Preservation Act
of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking ``Aviation
Center'' and inserting ``National Museum''.
SEC. 2833. <<NOTE: 10 USC 113 note.>> WOMEN'S MILITARY SERVICE
MEMORIALS AND MUSEUMS.
(a) Authorization.--The Secretary of Defense may provide not more
than $5,000,000 in financial support for the acquisition, installation,
and maintenance of exhibits, facilities, historical displays, and
programs at military service memorials and museums that highlight the
role of women in the military. The Secretary may enter into a contract
with a nonprofit organization for the purpose of performing such
acquisition, installation, and maintenance.
(b) Offset.--Of the funds authorized to be appropriated by section
301 for operation and maintenance, Army, and available for the National
Museum of the United States Army, not more than $5,000,000 shall be
provided, at the discretion of the Secretary of Defense, to carry out
activities under subsection (a).
SEC. 2834. <<NOTE: 16 USC 423a-3.>> PETERSBURG NATIONAL
BATTLEFIELD BOUNDARY MODIFICATION.
(a) In General.--The boundary of the Petersburg National Battlefield
is modified to include the land and interests in land as generally
depicted on the map titled ``Petersburg National Battlefield Proposed
Boundary Expansion'', numbered 325/80,080, and dated June 2007/March
2016. The map shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(b) Acquisition of Properties.--
(1) Authority.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') is authorized to acquire
the land and interests in land described in subsection (a) from
willing sellers only, by donation, purchase with donated or
appropriated funds, exchange, or transfer.
(2) Technical correction.--Section 313(a) of the National
Parks and Recreation Act of 1978 (Public Law 95-625; 92 Stat.
3479) is amended by striking ``twenty-one'' and inserting
``23''.
(c) Administration.--The Secretary shall administer any land or
interests in land acquired under subsection (b) as part of the
Petersburg National Battlefield in accordance with applicable laws and
regulations.
(d) Administrative Jurisdiction Transfer.--
(1) In general.--There is transferred--
(A) from the Secretary to the Secretary of the Army
administrative jurisdiction over the approximately
1.170-acre parcel of land depicted as ``Area to be
transferred to Fort Lee Military Reservation'' on the
map described in paragraph (2); and
[[Page 130 STAT. 2741]]
(B) from the Secretary of the Army to the Secretary
administrative jurisdiction over the approximately
1.171-acre parcel of land depicted as ``Area to be
transferred to Petersburg National Battlefield'' on the
map described in paragraph (2).
(2) Map.--The parcels of land described in paragraph (1) are
depicted on the map titled ``Petersburg National Battlefield
Proposed Transfer of Administrative Jurisdiction'', numbered
325/80,801A, dated May 2011/March 2016. The map shall be on file
and available for public inspection in the appropriate offices
of the National Park Service.
(3) Conditions of transfer.--The transfer of administrative
jurisdiction under paragraph (1) is subject to the following
conditions:
(A) No reimbursement or consideration.--The transfer
shall be without reimbursement or consideration.
(B) Management.--
(i) Land transferred to the secretary of the
army.--The land transferred to the Secretary of
the Army under paragraph (1)(A) shall be excluded
from the boundary of the Petersburg National
Battlefield.
(ii) Land transferred to the secretary.--The
land transferred to the Secretary under paragraph
(1)(B)--
(I) shall be included within the
boundary of the Petersburg National
Battlefield; and
(II) shall be administered as part
of Petersburg National Battlefield in
accordance with applicable laws and
regulations.
Subtitle E--Designations and Other Matters
SEC. 2841. DESIGNATION OF PORTION OF MOFFETT FEDERAL AIRFIELD,
CALIFORNIA, AS MOFFETT AIR NATIONAL
GUARD BASE.
(a) Designation.--The 111-acre cantonment area at Moffett Federal
Airfield, California, utilized by the 129th Rescue Wing of the
California Air National Guard shall be known and designated as ``Moffett
Air National Guard Base''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the cantonment
area at Moffett Federal Airfield described in subsection (a) shall be
considered to be a reference to Moffett Air National Guard Base.
SEC. 2842. REDESIGNATION OF MIKE O'CALLAGHAN FEDERAL MEDICAL
CENTER.
Section 2867 of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2806), as
amended by section 8135(a) of the Department of Defense Appropriations
Act, 1997 (section 101(b) of division A of the Omnibus Consolidated
Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-118)), and
as amended by section 2862 of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat.
1701), is further amended--
[[Page 130 STAT. 2742]]
(1) by striking ``Mike O'Callaghan Federal Medical Center''
each place it appears and inserting ``Mike O'Callaghan Military
Medical Center''; and
(2) in the heading, by striking ``mike o'callaghan'' and all
that follows and inserting ``mike o'callaghan military medical
center.''.
SEC. 2843. REPLENISHMENT OF SIERRA VISTA SUBWATERSHED REGIONAL
AQUIFER, ARIZONA.
The Secretary of the Army or the Secretary of the Interior may enter
into agreements with the Cochise Conservation Recharge Network, Arizona,
in support of water conservation, recharge, and reuse efforts for the
regional aquifer identified under section 321(g) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1439).
SEC. 2844. LIMITED EXCEPTIONS TO RESTRICTION ON DEVELOPMENT OF
PUBLIC INFRASTRUCTURE IN CONNECTION WITH
REALIGNMENT OF MARINE CORPS FORCES IN
ASIA-PACIFIC REGION.
(a) Revision.--Notwithstanding section 2821(b) of the Military
Construction Authorization Act for Fiscal Year 2015 (division B of
Public Law 113-291; 128 Stat. 3701), the Secretary of Defense may
proceed with a public infrastructure project on Guam which is described
in subsection (b) if--
(1) the project was identified in the report prepared by the
Secretary of Defense under section 2822(d)(2) of the Military
Construction Authorization Act for Fiscal Year 2014 (division B
of Public Law 113-66; 127 Stat. 1017); and
(2) amounts have been appropriated or made available to be
expended by the Department of Defense for the project.
(b) Projects Described.--A project described in this subsection is
any of the following:
(1) A project intended to improve water and wastewater
systems.
(2) A project intended to improve curation of archeological
and cultural artifacts.
(c) Repeal of Superseded Law.--Section 2821 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. 1177) is repealed.
SEC. 2845. DURATION OF WITHDRAWAL AND RESERVATION OF PUBLIC LAND,
NAVAL AIR WEAPONS STATION CHINA LAKE,
CALIFORNIA.
Section 2979 of the Military Construction Authorization Act for
Fiscal Year 2014 (division B of Public Law 113-66; 127 Stat. 1047) is
amended by striking ``March 31, 2039'' and inserting ``March 31, 2064''.
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.
[[Page 130 STAT. 2743]]
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Navy may acquire real property and carry out
the military construction projects for the installations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonier................................. $37,409,000
Iceland........................................ Keflavik....................................... $19,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Air Force may acquire real property and carry
out the military construction projects for the installations outside the
United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Bulgaria....................................... Graf Ignatievo................................. $13,400,000
Djibouti....................................... Chabelley Airfield............................ $10,500,000
Estonia........................................ Amari Air Base................................. $6,500,000
Germany........................................ Spangdahlem Air Base........................... $18,700,000
Lithuania...................................... Siauliai....................................... $3,000,000
Poland......................................... Powidz Air Base................................ $4,100,000
Lask Air Base.................................. $4,100,000
Romania........................................ Campia Turzii.................................. $18,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for the military construction
projects outside the United States authorized by this title as specified
in the funding table in section 4602 and 4603.
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.
[[Page 130 STAT. 2744]]
Sec. 3013. Status and management of non-Federal land acquired by the
United States.
Sec. 3014. Hazardous substances.
Subtitle A--Authorization for Temporary Closure of Certain Public Land
Adjacent to the Utah Test and Training Range
SEC. 3001. DEFINITIONS.
In this subtitle:
(1) BLM land.--The term ``BLM land'' means certain public
land administered by the Bureau of Land Management in the State
comprising approximately 703,621 acres, as generally depicted on
the map entitled ``Utah Test and Training Range Enhancement/West
Desert Land Exchange'' and dated July 21, 2016.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Utah.
(4) Utah test and training range.--The term ``Utah Test and
Training Range'' means the portions of the military land and
airspace operating area of the Utah Test and Training Area that
are located in the State, including the Dugway Proving Ground.
SEC. 3002. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the
Air Force shall enter into a memorandum of agreement to
authorize the Secretary of the Air Force, in consultation with
the Secretary, to impose limited closures of the BLM land for
military operations and national security and public safety
purposes, as provided in this subtitle.
(2) Draft.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary and the
Secretary of the Air Force shall complete a draft of the
memorandum of agreement required under paragraph (1).
(B) Public comment period.--During the 30-day period
beginning on the date on which the draft memorandum of
agreement is completed under subparagraph (A), there
shall be an opportunity for public comment on the draft
memorandum of agreement, including an opportunity for
the Utah Test and Training Range Community Resource
Advisory Group established under section 3005 to provide
comments on the draft memorandum of agreement.
(3) Management by secretary.--The memorandum of agreement
entered into under paragraph (1) shall provide that the
Secretary shall continue to manage the BLM land in accordance
with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and applicable land use plans, while
allowing for the temporary closure of the BLM land in accordance
with this subtitle.
(4) Permits and rights-of-way.--
[[Page 130 STAT. 2745]]
(A) In general.--The Secretary shall consult with
the Secretary of the Air Force regarding Utah Test and
Training Range mission requirements before issuing new
use permits or rights-of-way on the BLM land.
(B) Framework.--The Secretary and the Secretary of
the Air Force shall establish within the memorandum of
agreement entered into under paragraph (1) a framework
agreed to by the Secretary and the Secretary of the Air
Force for resolving any disagreement on the issuance of
permits or rights-of-way on the BLM land.
(5) Termination.--
(A) In general.--The memorandum of agreement entered
into under paragraph (1) shall be for a term to be
determined by the Secretary and the Secretary of the Air
Force, not to exceed 25 years.
(B) Early termination.--The memorandum of agreement
may be terminated before the date determined under
subparagraph (A) if the Secretary of the Air Force
determines that the temporary closure of the BLM land is
no longer necessary to fulfill Utah Test and Training
Range mission requirements.
(b) Map.--The Secretary may correct any minor errors in the map
described in section 3001(1).
(c) Land Safety.--If decontamination of the BLM land is necessary
due to an action of the Air Force, the Secretary of the Air Force
shall--
(1) render the BLM land safe for public use; and
(2) appropriately communicate the safety of the land to the
Secretary on the date on which the BLM land is rendered safe for
public use under paragraph (1).
(d) Consultation.--The Secretary shall consult with any federally
recognized Indian tribe in the vicinity of the BLM land before entering
into any agreement under this subtitle.
(e) Grazing.--
(1) Effect.--Nothing in this subtitle affects the management
of grazing on the BLM land.
(2) Continuation of grazing management.--The Secretary shall
continue grazing management on the BLM land pursuant to the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) and applicable resource management plans.
(f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of
understanding between the Department of the Interior and the Department
of the Air Force with respect to emergency access and response, as in
existence on the date of enactment of this Act.
(g) Withdrawal.--Subject to valid existing rights, the BLM land is
withdrawn from all forms of appropriation under the public land laws,
including the mining laws, the mineral leasing laws, and the geothermal
leasing laws.
SEC. 3003. TEMPORARY CLOSURES.
(a) In General.--If the Secretary of the Air Force determines that
military operations (including operations relating to the fulfillment of
the mission of the Utah Test and Training Range), public safety, or
national security require the temporary closure to public
[[Page 130 STAT. 2746]]
use of any road, trail, or other portion of the BLM land, the Secretary
of the Air Force may take such action as the Secretary of the Air Force,
in consultation with the Secretary, determines necessary to carry out
the temporary closure.
(b) Limitations.--Any temporary closure under subsection (a)--
(1) shall be limited to the minimum areas and periods that
the Secretary of the Air Force determines are required to carry
out a closure under this section;
(2) shall not occur on a State or Federal holiday, unless
notice is provided in accordance with subsection (c)(1)(B);
(3) shall not occur on a Friday, Saturday, or Sunday, unless
notice is provided in accordance with subsection (c)(1)(B); and
(4)(A) if practicable, shall be for not longer than a 3-hour
period per day;
(B) shall only be for longer than a 3-hour period
per day--
(i) for mission essential reasons; and
(ii) as infrequently as practicable and in no
case for more than 10 days per year; and
(C) shall in no case be for longer than a 6-hour
period per day.
(c) Notice.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Air Force shall--
(A) keep appropriate warning notices posted before
and during any temporary closure; and
(B) provide notice to the Secretary, public, and
relevant stakeholders concerning the temporary closure--
(i) at least 30 days before the date on which
the temporary closure goes into effect;
(ii) in the case of a closure during the
period beginning on March 1 and ending on May 31,
at least 60 days before the date on which the
closure goes into effect; or
(iii) in the case of a closure described in
paragraph (3) or (4) of subsection (b), at least
90 days before the date on which the closure goes
into effect.
(2) Special notification procedures.--In each case for which
a mission-unique security requirement does not allow for the
notifications described in paragraph (1)(B), the Secretary of
the Air Force shall work with the Secretary to achieve a
mutually agreeable timeline for notification.
(d) Maximum Annual Closures.--The total cumulative hours of
temporary closures authorized under this section with respect to the BLM
land shall not exceed 100 hours annually.
(e) Prohibition on Certain Temporary Closures.--The northernmost
area identified as ``Newfoundland's'' on the map described in section
3001(1) shall not be subject to any temporary closure between August 21
and February 28, in accordance with the lawful hunting seasons of the
State of Utah.
(f) Emergency Ground Response.--A temporary closure of a portion of
the BLM land shall not affect the conduct of emergency response
activities on the BLM land during the temporary closure.
(g) Livestock.--Livestock authorized by a Federal grazing permit
shall be allowed to remain on the BLM land during a temporary closure of
the BLM land under this section.
[[Page 130 STAT. 2747]]
(h) Law Enforcement and Security.--The Secretary and the Secretary
of the Air Force may enter into cooperative agreements with State and
local law enforcement officials with respect to lawful procedures and
protocols to be used in promoting public safety and operation security
on or near the BLM land during noticed test and training periods.
SEC. 3004. LIABILITY.
The United States (including all departments, agencies, officers,
and employees of the United States) shall be held harmless and shall not
be liable for any injury or damage to any individual or property
suffered in the course of any mining, mineral, or geothermal activity,
or any other authorized nondefense-related activity, conducted on the
BLM land.
SEC. 3005. COMMUNITY RESOURCE ADVISORY GROUP.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, there shall be established the Utah Test and
Training Range Community Resource Advisory Group (referred to in this
section as the ``Community Group'') to provide regular and continuing
input to the Secretary and the Secretary of the Air Force on matters
involving public access to, use of, and overall management of the BLM
land.
(b) Membership.--
(1) In general.--The Secretary shall appoint members to the
Community Group, including--
(A) 1 representative of Indian tribes in the
vicinity of the BLM land, to be nominated by a majority
vote conducted among the Indian tribes in the vicinity
of the BLM land;
(B) not more than 1 county commissioner from each of
Box Elder, Tooele, and Juab Counties, Utah;
(C) 2 representatives of off-road and highway use,
hunting, or other recreational users of the BLM land;
(D) 2 representatives of livestock permittees on
public land located within the BLM land;
(E) 1 representative of the Utah Department of
Agriculture and Food; and
(F) not more than 3 representatives of State or
Federal offices or agencies, or private groups or
individuals, if the Secretary determines that such
representatives would further the goals and objectives
of the Community Group.
(2) Chairperson.--The members described in paragraph (1)
shall elect from among the members of the Community Group--
(A) 1 member to serve as Chairperson of the
Community Group; and
(B) 1 member to serve as Vice-Chairperson of the
Community Group.
(3) Air force personnel.--The Secretary of the Air Force
shall appoint appropriate operational and land management
personnel of the Air Force to serve as a liaison to the
Community Group.
(c) Conditions and Terms of Appointment.--
(1) In general.--Each member of the Community Group shall
serve voluntarily and without compensation.
(2) Term of appointment.--
[[Page 130 STAT. 2748]]
(A) In general.--Each member of the Community Group
shall be appointed for a term of 4 years.
(B) Original members.--Notwithstanding subparagraph
(A), the Secretary shall select \1/2\ of the original
members of the Community Group to serve for a term of 4
years and the other \1/2\ of the original members of the
Community Group to serve for a term of 2 years, to
ensure the replacement of members shall be staggered
from year to year.
(C) Reappointment and replacement.--The Secretary
may reappoint or replace a member of the Community Group
appointed under subsection (b)(1), if--
(i) the term of the member has expired;
(ii) the member has resigned; or
(iii) the position held by the member
described in subparagraph (A) through (F) of
paragraph (1) has changed to the extent that the
ability of the member to represent the group or
entity that the member represents has been
significantly affected.
(d) Meetings.--
(1) In general.--The Community Group shall meet not less
than once per year, and at such other frequencies as determined
by 5 or more of the members of the Community Group.
(2) Responsibilities of community group.--The Community
Group shall be responsible for determining appropriate schedules
for, details of, and actions for meetings of the Community
Group.
(3) Notice.--The Chairperson shall provide notice to each
member of the Community Group not less than 10 business days
before the date of a scheduled meeting.
(4) Exempt from federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
meetings of the Community Group.
(e) Recommendations of Community Group.--The Secretary and Secretary
of the Air Force, consistent with existing laws (including regulations),
shall take under consideration recommendations from the Community Group.
(f) Termination of Authority.--
(1) In general.--The Community Group shall terminate on the
date that is seven years after the date of enactment of this
Act.
(2) Early termination.--The Secretary and the Community
Group, acting jointly, may elect to terminate the Community
Group before the date provided in subsection (a).
SEC. 3006. SAVINGS CLAUSES.
(a) Effect on Weapon Impact Area.--Nothing in this subtitle expands
the boundaries of the weapon impact area of the Utah Test and Training
Range.
(b) Effect on Special Use Airspace and Training Routes.--Nothing in
this subtitle precludes--
(1) the designation of new units of special use airspace; or
(2) the expansion of existing units of special use airspace.
(c) Effect on Existing Military Special Use Airspace Agreement.--
Nothing in this subtitle limits or alters the Military
[[Page 130 STAT. 2749]]
Operating Areas of Airspace Use Agreement between the Federal Aviation
Administration and the Air Force in effect on the date of enactment of
this Act.
(d) Effect on Existing Rights and Agreements.--Except as otherwise
provided in section 3003, nothing in this subtitle limits or alters any
existing right or right of access to--
(1) the Knolls Special Recreation Management Area; or
(2)(A) the Bureau of Land Management Community Pits Central
Grayback and South Grayback; and
(B) any other county or community pit located within close
proximity to the BLM land.
(e) Interstate 80.--Nothing in this subtitle authorizes any
additional authority or right to the Secretary or the Secretary of the
Air Force to temporarily close Interstate 80.
(f) Effect on Limitation on Amendments to Certain Individual
Resource Management Plans.--Nothing in this subtitle affects the
limitation established under section 2815(d) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
852).
(g) Effect on Previous Memorandum of Understanding.--Nothing in this
subtitle affects the memorandum of understanding entered into by the Air
Force, the Bureau of Land Management, the Utah Department of Natural
Resources, and the Utah Division of Wildlife Resources relating to the
reestablishment of bighorn sheep in the Newfoundland Mountains and
signed by the parties to the memorandum of understanding during the
period beginning on January 24, 2000, and ending on February 4, 2000.
(h) Effect on Federally Recognized Indian Tribes.--Nothing in this
subtitle alters any right reserved by treaty or Federal law for a
Federally recognized Indian tribe for tribal use.
(i) Payments in Lieu of Taxes.--Nothing in this subtitle diminishes,
enhances, or otherwise affects any other right or entitlement of the
counties in which the BLM land is situated to payments in lieu of taxes
based on the BLM land, under section 6901 of title 31, United States
Code.
(j) Wildlife Improvements.--The Secretary and the Utah Division of
Wildlife Resources shall continue the management of wildlife
improvements, including guzzlers, in existence as of the date of
enactment of this Act on the BLM land.
Subtitle B--Bureau of Land Management Land Exchange With State of Utah
SEC. 3011. DEFINITIONS.
In this subtitle:
(1) Exchange map.--The term ``Exchange Map'' means the map
prepared by the Bureau of Land Management entitled ``Utah Test
and Training Range Enhancement/West Desert Land Exchange'' and
dated Jule 21, 2016.
(2) Federal land.--The term ``Federal land'' means the
Bureau of Land Management land located in Box Elder, Millard,
Juab, Tooele, and Beaver Counties, Utah, that is identified on
the Exchange Map as ``BLM Lands Proposed for Transfer to State
Trust Lands''.
(3) Non-federal land.--The term ``non-Federal land'' means
the land owned by the State in Box Elder, Tooele,
[[Page 130 STAT. 2750]]
and Juab Counties, Utah, that is identified on the Exchange Map
as--
(A) ``State Trust Land Proposed for Transfer to
BLM''; and
(B) ``State Trust Minerals Proposed for Transfer to
BLM''.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Utah,
acting through the School and Institutional Trust Lands
Administration.
SEC. 3012. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest in and to
the non-Federal land, convey to the State (or a designee) all
right, title, and interest of the United States in and to the
Federal land.
(b) Applicable Law.--
(1) In general.--The land exchange shall be subject to
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716) and other applicable law.
(2) Effect of study.--The Secretary shall carry out the land
exchange under this subtitle notwithstanding section 2815(d) of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 852).
(3) Land use planning.--The Secretary shall not be required
to undertake any additional land use planning under section 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712) before the conveyance of the Federal land under this
subtitle.
(c) Valid Existing Rights.--The exchange authorized under subsection
(a) shall be subject to valid existing rights.
(d) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this subtitle shall be in a format acceptable to
the Secretary and the State.
(e) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this subtitle shall be
determined by appraisals conducted by 1 or more independent and
qualified appraisers.
(2) State appraiser.--The Secretary and the State may agree
to use an independent and qualified appraiser retained by the
State, with the consent of the Secretary.
(3) Applicable law.--The appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including, as appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(4) Minerals.--
(A) Mineral reports.--The appraisals under paragraph
(1) may take into account mineral and technical reports
provided by the Secretary and the State in the
evaluation of minerals in the Federal land and non-
Federal land.
[[Page 130 STAT. 2751]]
(B) Mining claims.--Federal land that is encumbered
by a mining or millsite claim located under sections
2318 through 2352 of the Revised Statutes (commonly
known as the ``Mining Law of 1872'') (30 U.S.C. 21 et
seq.) shall be appraised in accordance with standard
appraisal practices, including, as appropriate, the
Uniform Appraisal Standards for Federal Land
Acquisition.
(C) Validity examination.--Nothing in this subtitle
requires the Secretary to conduct a mineral examination
for any mining claim on the Federal land.
(5) Approval.--An appraisal conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(6) Duration.--An appraisal conducted under paragraph (1)
shall remain valid for 3 years after the date on which the
appraisal is approved by the Secretary and the State.
(7) Cost of appraisal.--
(A) In general.--The cost of an appraisal conducted
under paragraph (1) shall be paid equally by the
Secretary and the State.
(B) Reimbursement by secretary.--If the State
retains an appraiser in accordance with paragraph (2),
the Secretary shall reimburse the State in an amount
equal to 50 percent of the costs incurred by the State.
(f) Conveyance of Title.--It is the intent of Congress that the land
exchange authorized under this subtitle shall be completed not later
than 1 year after the date of final approval by the Secretary and the
State of the appraisals conducted under subsection (e).
(g) Public Inspection and Notice.--
(1) Public inspection.--At least 30 days before the date of
conveyance of the Federal land and non-Federal land, all final
appraisals and appraisal reviews for the Federal land and non-
Federal land to be exchanged under this subtitle shall be
available for public review at the office of the State Director
of the Bureau of Land Management in the State.
(2) Notice.--The Secretary or the State, as applicable,
shall publish in a newspaper of general circulation in Salt Lake
County, Utah, a notice that the appraisals conducted under
subsection (e) are available for public inspection.
(h) Consultation With Indian Tribes.--The Secretary shall consult
with any federally recognized Indian tribe in the vicinity of the
Federal land and non-Federal land to be exchanged under this subtitle
before the completion of the land exchange.
(i) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this subtitle--
(A) shall be equal; or
(B) shall be made equal in accordance with paragraph
(2).
(2) Equalization.--
(A) Surplus of federal land.--
(i) In general.--If the value of the Federal
land exceeds the value of the non-Federal land,
the value of the Federal land and non-Federal land
shall be equalized by the State conveying to the
Secretary, as
[[Page 130 STAT. 2752]]
necessary to equalize the value of the Federal
land and non-Federal land--
(I) State trust land parcel 1, as
described in the assessment entitled
``Bureau of Land Management
Environmental Assessment UT-100-06-EA'',
numbered UTU-82090, and dated March
2008; or
(II) State trust land located within
any of the wilderness areas or national
conservation areas in Washington County,
Utah, established under subtitle O of
title I of the Omnibus Public Land
Management Act of 2009 (Public Law 111-
11; 123 Stat. 1075).
(ii) Order of conveyances.--Any non-Federal
land required to be conveyed to the Secretary
under clause (i) shall be conveyed until the value
of the Federal land and non-Federal land is
equalized.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and the non-Federal
land shall be equalized--
(i) by the Secretary making a cash
equalization payment to the State, in accordance
with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(ii) by removing non-Federal land from the
exchange.
(j) Grazing Permits.--
(1) In general.--If the Federal land or non-Federal land
exchanged under this subtitle is subject to a lease, permit, or
contract for the grazing of domestic livestock in effect on the
date of acquisition, the Secretary and the State shall allow the
grazing to continue for the remainder of the term of the lease,
permit, or contract, subject to the related terms and conditions
of user agreements, including permitted stocking rates, grazing
fee levels, access rights, and ownership and use of range
improvements.
(2) Renewal.--To the extent allowed by Federal or State law,
on expiration of any grazing lease, permit, or contract
described in paragraph (1), the holder of the lease, permit, or
contract shall be entitled to a preference right to renew the
lease, permit, or contract.
(3) Cancellation.--
(A) In general.--Nothing in this subtitle prevents
the Secretary or the State from canceling or modifying a
grazing permit, lease, or contract if the Federal land
or non-Federal land subject to the permit, lease, or
contract is sold, conveyed, transferred, or leased for
non-grazing purposes by the Secretary or the State.
(B) Limitation.--Except to the extent reasonably
necessary to accommodate surface operations in support
of mineral development, the Secretary or the State shall
not cancel or modify a grazing permit, lease, or
contract because the land subject to the permit, lease,
or contract has been leased for mineral development.
(4) Base properties.--If non-Federal land conveyed by the
State under this subtitle is used by a grazing permittee or
lessee to meet the base property requirements for a Federal
[[Page 130 STAT. 2753]]
grazing permit or lease, the land shall continue to qualify as a
base property for--
(A) the remaining term of the lease or permit; and
(B) the term of any renewal or extension of the
lease or permit.
(k) Withdrawal of Federal Land From Mineral Entry Prior To
Exchange.--Subject to valid existing rights, the Federal land to be
conveyed to the State under this subtitle is withdrawn from mineral
location, entry, and patent under the mining laws pending conveyance of
the Federal land to the State.
SEC. 3013. STATUS AND MANAGEMENT OF NON-FEDERAL LAND ACQUIRED BY
THE UNITED STATES.
(a) In General.--On conveyance to the United States under this
subtitle, the non-Federal land shall be managed by the Secretary in
accordance with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and applicable land use plans.
(b) Non-federal Land Within Cedar Mountains Wilderness.--On
conveyance to the Secretary under this subtitle, the non-Federal land
located within the Cedar Mountains Wilderness shall, in accordance with
section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C.
1716(c)), be added to, and administered as part of, the Cedar Mountains
Wilderness.
(c) Non-federal Land Within Wilderness Areas or National
Conservation Areas.--On conveyance to the Secretary under this subtitle,
non-Federal land located in a national wilderness area or national
conservation area shall be managed in accordance with the applicable
provisions of subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11).
SEC. 3014. HAZARDOUS SUBSTANCES.
(a) Costs.--Except as provided in subsection (b), the costs of
remedial actions relating to hazardous substances on land acquired under
this subtitle shall be paid by those entities responsible for the costs
under applicable law.
(b) Remediation of Prior Testing and Training Activity.--The
Secretary of the Air Force shall bear all costs of remediation required
as a result of the previous testing of military weapons systems and the
training of military forces on non-Federal land to be conveyed to the
United States under this subtitle.
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.
[[Page 130 STAT. 2754]]
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.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2017 for the
activities of the National Nuclear Security Administration in carrying
out programs as specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 17-D-630, Expand Electrical Distribution System,
Lawrence Livermore National Laboratory, Livermore, California,
$25,000,000.
Project 17-D-640, U1a Complex Enhancements Project, Nevada
National Security Site, Mercury, Nevada, $11,500,000.
Project 17-D-911, BL Fire System Upgrade, Bettis Atomic
Power Laboratory, West Mifflin, Pennsylvania, $1,400,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for
[[Page 130 STAT. 2755]]
fiscal year 2017 for defense environmental cleanup activities in
carrying out programs as specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant project:
Project 17-D-401, Saltstone Disposal Unit #7, Savannah River
Site, Aiken, South Carolina, $9,729,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2017 for other defense activities in carrying out
programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2017 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAPITAL
ASSETS ACQUISITION PROJECTS.
(a) In General.--Subtitle C of title XLVII of the Atomic Energy
Defense Act (50 U.S.C. 2772) is amended by inserting after section 4732
the following new section:
``SEC. 4733. <<NOTE: 50 USC 2773.>> INDEPENDENT ACQUISITION
PROJECT REVIEWS OF CAPITAL ASSETS
ACQUISITION PROJECTS.
``(a) Reviews.--The appropriate head shall ensure that an
independent entity conducts reviews of each capital assets acquisition
project as the project moves toward the approval of each of critical
decision 0, critical decision 1, and critical decision 2 in the
acquisition process.
``(b) Pre-critical Decision 1 Reviews.--In addition to any other
matters, with respect to each review of a capital assets acquisition
project under subsection (a) that has not reached critical decision 1
approval in the acquisition process, such review shall include--
``(1) a review using best practices of the analysis of
alternatives for the project; and
``(2) identification of any deficiencies in such analysis of
alternatives for the appropriate head to address.
``(c) Independent Entities.--The appropriate head shall ensure that
each review of a capital assets acquisition project under subsection (a)
is conducted by an independent entity with the appropriate expertise
with respect to the project and the stage in the acquisition process of
the project.
``(d) Definitions.--In this section:
``(1) The term `acquisition process' means the acquisition
process for a project, as defined in Department of Energy Order
413.3B (relating to project management and project management
for the acquisition of capital assets), or a successor order.
[[Page 130 STAT. 2756]]
``(2) The term `appropriate head' means--
``(A) the Administrator, with respect to capital
assets acquisition projects of the Administration; and
``(B) the Assistant Secretary of Energy for
Environmental Management, with respect to capital assets
acquisition projects of the Office of Environmental
Management.
``(3) The term `capital assets acquisition project' means a
project--
``(A) the total project cost of which is more than
$500,000,000; and
``(B) that is covered by Department of Energy Order
413.3, or a successor order, for the acquisition of
capital assets for atomic energy defense activities.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 4732 the
following new item:
``Sec. 4733. Independent acquisition project reviews of capital assets
acquisition projects.''.
SEC. 3112. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND ASSETS
FROM UNMANNED AIRCRAFT.
(a) In General.--Subtitle A of title XLV of the Atomic Energy
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end the
following new section:
``SEC. 4510. <<NOTE: 50 USC 2661.>> PROTECTION OF CERTAIN NUCLEAR
FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
``(a) Authority.--Notwithstanding any provision of title 18, United
States Code, the Secretary of Energy may take such actions described in
subsection (b)(1) that are necessary to mitigate the threat (as defined
by the Secretary of Energy, in consultation with the Secretary of
Transportation) that an unmanned aircraft system or unmanned aircraft
poses to the safety or security of a covered facility or asset.
``(b) Actions Described.--(1) The actions described in this
paragraph are the following:
``(A) Detect, identify, monitor, and track the unmanned
aircraft system or unmanned aircraft, without prior consent,
including by means of intercept or other access of a wire, oral,
or electronic communication used to control the unmanned
aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct or
indirect physical, electronic, radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent, including by disabling
the unmanned aircraft system or unmanned aircraft by
intercepting, interfering, or causing interference with wire,
oral, electronic, or radio communications used to control the
unmanned aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force to disable, damage, or destroy
the unmanned aircraft system or unmanned aircraft.
[[Page 130 STAT. 2757]]
``(2) The Secretary of Energy shall develop the actions described in
paragraph (1) in coordination with the Secretary of Transportation.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned aircraft
described in subsection (a) that is seized by the Secretary of Energy is
subject to forfeiture to the United States.
``(d) Regulations.--The Secretary of Energy and the Secretary of
Transportation may prescribe regulations and shall issue guidance in the
respective areas of each Secretary to carry out this section.
``(e) Definitions.--In this section:
``(1) The term `covered facility or asset' means any
facility or asset that is--
``(A) identified by the Secretary of Energy for
purposes of this section;
``(B) located in the United States (including the
territories and possessions of the United States); and
``(C) owned by the United States or contracted to
the United States, to store or use special nuclear
material.
``(2) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 331 of
the FAA Modernization and Reform Act of 2012 (Public Law 112-95;
49 U.S.C. 40101 note).''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 4509 the
following new item:
``Sec. 4510. Protection of certain nuclear facilities and assets from
unmanned aircraft.''.
SEC. 3113. <<NOTE: 50 USC 2512 note.>> COMMON FINANCIAL REPORTING
SYSTEM FOR THE NUCLEAR SECURITY
ENTERPRISE.
(a) In General.--By not later than four years after the date of the
enactment of this Act, the Administrator for Nuclear Security shall, in
consultation with the National Nuclear Security Administration Council
established by section 4102(b) of the Atomic Energy Defense Act (50
U.S.C. 2512(b)), complete, to the extent practicable, the implementation
of a common financial reporting system for the nuclear security
enterprise.
(b) Elements.--The common financial reporting system implemented
pursuant to subsection (a) shall include the following:
(1) Common data reporting requirements for work performed
using funds of the National Nuclear Security Administration,
including reporting of financial data by standardized labor
categories, labor hours, functional elements, and cost elements.
(2) A common work breakdown structure for the Administration
that aligns contractor work breakdown structures with the budget
structure of the Administration.
(3) Definitions and methodologies for identifying and
reporting costs for programs of records and base capabilities
within the Administration.
(4) A capability to leverage, where appropriate, the Defense
Cost Analysis Resource Center of the Office of Cost Assessment
and Program Evaluation of the Department of Defense using
historical costing data by the Administration.
(c) Reports.--
[[Page 130 STAT. 2758]]
(1) In general.--Not later than March 1, 2017, and annually
thereafter, the Administrator shall, in consultation with the
National Nuclear Security Administration Council, submit to the
congressional defense committees a report on progress of the
Administration toward implementing a common financial reporting
system for the nuclear security enterprise as required by
subsection (a).
(2) Report.--Each report under this subsection shall include
the following:
(A) A summary of activities, accomplishments,
challenges, benefits, and costs related to the
implementation of a common financial reporting system
for the nuclear security enterprise during the year
preceding the year in which such report is submitted.
(B) A summary of planned activities in connection
with the implementation of a common financial reporting
system for the nuclear security enterprise in the year
in which such report is submitted.
(C) A description of any anticipated modifications
to the schedule for implementing a common financial
reporting system for the nuclear security enterprise,
including an update on possible risks, challenges, and
costs related to such implementation.
(3) Termination.--No report is required under this
subsection after the completion of the implementation of a
common financial reporting system for the nuclear security
enterprise.
(d) Nuclear Security Enterprise Defined.--In this section, the term
``nuclear security enterprise'' has the meaning given that term in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3114. ROUGH ESTIMATE OF TOTAL LIFE CYCLE COST OF TANK WASTE
CLEANUP AT HANFORD NUCLEAR RESERVATION.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees a rough estimate of the total life
cycle cost of the cleanup of tank waste at Hanford Nuclear Reservation,
Richland, Washington.
(b) Elements.--The rough estimate of the total life cycle cost
required by subsection (a) shall include cost estimates for the
following:
(1) The Waste Treatment and Immobilization Plant, assuming a
hot start occurs in 2033 and initial plant operations commence
in 2036.
(2) Operations of the Waste Treatment and Immobilization
Plant, assuming operations continue through 2061.
(3) Tank waste management and treatment, assuming operations
of the Waste Treatment and Immobilization Plant continue through
2061.
(4) Anticipated increases in the volume of waste in the
double shell tanks resulting from tank waste management
activities.
(5) High-level waste canister temporary storage and
preparation for permanent disposal.
(6) Any additional facilities, including additional
evaporative capacity, that may be needed to treat tank waste at
Hanford Nuclear Reservation.
[[Page 130 STAT. 2759]]
(c) Cost Estimating Best Practices.--To the maximum extent
practicable, the rough estimate of the total life cycle cost required by
subsection (a) shall be developed in accordance with the cost estimating
best practices of the Government Accountability Office.
(d) Submission of Additional Independent Cost Estimates.--The
Secretary shall submit to the congressional defense committees, as part
of the rough estimate of the total life cycle cost required by
subsection (a), any other independent cost estimates for the Waste
Treatment and Immobilization Plant or related facilities conducted
before the date on which the rough estimate of the total life cycle cost
is required to be submitted under that subsection.
SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION
PILOT PLANT.
(a) In General.--In order to ensure that waste shipments to the
Waste Isolation Pilot Plant, Carlsbad, New Mexico (in this section
referred to as ``WIPP'') are packaged and handled properly to prevent
the release of radiation or contamination above regulatory limits, the
Secretary of Energy shall submit to the congressional defense
committees, not later than February 1 of each year during the five-year
period beginning on the date of the enactment of this Act, a written
certification that--
(1) the Secretary knew of the contents of such shipments
during the 12-month period preceding the date of the
certification and has ensured that the Secretary will know of
the contents of such shipments planned during the 12-month
period following the date of the certification; and
(2) such shipments made during the 12-month period preceding
the date of the certification were sufficiently safe and secure
for transportation and disposal and the Secretary has ensured
that such shipments planned during the 12-month period following
the date of the certification will be sufficiently safe and
secure for transportation and disposal.
(b) Additional Assurances.--The Secretary shall submit to the
congressional defense committees, with the certification required by
subsection (a), assurances that--
(1) the Carlsbad Field Office of the Department of Energy
has certified that--
(A) the contents of each shipment of waste that
arrived at WIPP during 12-month period preceding the
date of the certification met the criteria for accepting
waste at WIPP; and
(B) the Office will ensure that the waste destined
for WIPP during the 12-month period following the date
of the certification is packaged according to the
criteria for accepting waste at WIPP;
(2) the Assistant Secretary of Energy for Environmental
Management has reviewed and accepted the certification of the
Carlsbad Field Office under paragraph (1); and
(3) the Administrator for Nuclear Security has ensured that
waste destined for WIPP that was packaged at facilities of the
National Nuclear Security Administration during the 12-month
period preceding the date of the certification, and waste
planned to be packaged at such facilities during the 12-month
period following the date of the certification, and
[[Page 130 STAT. 2760]]
for which the Administration is responsible, meets the criteria
for accepting waste at WIPP.
SEC. 3116. DISPOSITION OF WEAPONS-USABLE PLUTONIUM.
(a) Construction and Project Support Activities at MOX Facility.--
(1) In general.--Using funds described in paragraph (2), the
Secretary of Energy shall carry out construction and project
support activities relating to the MOX facility.
(2) Funds described.--The funds described in this paragraph
are the following:
(A) Funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for the
National Nuclear Security Administration for the MOX
facility for construction and project support
activities.
(B) Funds authorized to be appropriated for a fiscal
year prior to fiscal year 2017 for the National Nuclear
Security Administration for the MOX facility for
construction and project support activities that are
unobligated as of the date of the enactment of this Act.
(b) Assessment of the MOX Facility Contract by Owner's Agent.--
(1) Arrangement with owner's agent.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Energy shall enter into an arrangement pursuant to sections 1535
and 1536 of title 31, United States Code, with the Chief of
Engineers to act as an owner's agent with respect to preparing
the report required by paragraph (2).
(2) Report of owner's agent.--
(A) In general.--The Chief of Engineers shall
prepare a report on the contract for the construction,
management and operations of the MOX facility, as in
effect on the date of the enactment of this Act, that
includes the following:
(i) An assessment of the contractual,
technical, and managerial risks for the Department
of Energy and the contractor.
(ii) An assessment of what elements of the
contract can be changed to--
(I) a fixed price provision;
(II) a fixed price incentive fee
provision; or
(III) another contractual mechanism
designed to minimize risk to the
Department of Energy while reducing
cost.
(iii) An assessment of the options under
clause (ii), including milestones, cost,
schedules, and any damage fees for those options.
(iv) Recommendations on changes to the
contract, based on the assessments described in
clauses (i), (ii), and (iii), to reduce risk and
cost to the Department of Energy while preserving
a fair and reasonable contract.
(v) For each element of the contract that the
Chief of Engineers does not recommend be changed
pursuant to clause (iv), an assessment of the
risks and costs associated with that element and a
description of why
[[Page 130 STAT. 2761]]
that element is not appropriate for the provision
types described in clause (ii).
(B) Consultations.--In preparing the report required
by subparagraph (A), the Chief of Engineers shall
consult with the Secretary, the contractor referred to
in subparagraph (A)(i), and other knowledgeable parties,
as the Chief of Engineers considers appropriate.
(C) Submission to secretary.--Not later than 30 days
after entering into the arrangement under paragraph (1),
the Chief of Engineers shall submit to the Secretary the
report required by subparagraph (A).
(3) Submissions by department of energy.--Not later than 60
days after receiving the report required by paragraph (2), the
Secretary shall transmit to the congressional defense committees
and the Comptroller General of the United States--
(A) the report;
(B) any comments of the Secretary with respect to
the report;
(C) a determination of whether the contractor
referred to in paragraph (2)(A)(i) will or will not
agree to the revisions to the contract recommended by
the Chief of Engineers and offered by the Secretary to
the contractor;
(D) if the contractor will not agree to such
revisions, a description of the reasons given for not
agreeing to such revisions; and
(E) any other materials relating to the potential
modification of the contract that the Secretary
considers appropriate.
(4) Briefing by government accountability office.--Not later
than 30 days after receiving the report and other matters under
paragraph (3), the Comptroller General of the United States
shall brief the congressional defense committees on the actions
taken by the Secretary under this subsection, to be followed by
a written report not later than 120 days after the briefing is
provided to Congress.
(c) Definitions.--In this section:
(1) MOX facility.--The term ``MOX facility'' means the
mixed-oxide fuel fabrication facility at the Savannah River
Site, Aiken, South Carolina.
(2) Project support activities.--The term ``project support
activities'' means activities that support the design, long-lead
equipment procurement, and site preparation of the MOX facility.
SEC. 3117. DESIGN BASIS THREAT.
(a) Update to Order.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Energy shall update Department
of Energy Order 470.3B relating to the design basis threat for
protecting nuclear weapons, special nuclear material, and other critical
assets in the custody of the Department of Energy.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community (as defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4))) should
promulgate regular, biannual updates to the Nuclear Security
Threat Capabilities Assessment to better inform nuclear security
postures within the Department of Defense and the Department of
Energy;
[[Page 130 STAT. 2762]]
(2) the Department of Defense and the Department of Energy
should closely, and in real-time, track and assess national,
regional, and local threats to the defense nuclear facilities of
the respective Departments; and
(3) the Department of Defense and the Department of Energy
should regularly review assessments and other input provided by
activities described in paragraphs (1) and (2) and adjust
security postures accordingly.
SEC. 3118. <<NOTE: 50 USC 2512 note.>> INDUSTRY BEST PRACTICES IN
OPERATIONS AT NATIONAL NUCLEAR SECURITY
ADMINISTRATION FACILITIES AND SITES.
(a) Committee on Industry Best Practices in Operations.--The
Administrator for Nuclear Security shall establish within the National
Nuclear Security Administration a committee (in this section referred to
as the ``committee'') to identify and oversee the implementation of best
practices of industry in the operations of the facilities and sites of
the Administration for the purposes of--
(1) improving mission performance and effectiveness;
(2) lowering costs and administrative burdens; and
(3) also both--
(A) maintaining or reducing risks; and
(B) preserving and protecting health, safety, and
security.
(b) Membership.--The committee shall be composed of personnel of the
Administration assigned by the Administrator to the committee as
follows:
(1) The Principal Deputy Administrator for Nuclear Security,
who shall serve as chair of the committee.
(2) Government personnel representing the headquarters of
the Administration.
(3) Government personnel representing offices of facilities
and sites of the Administration.
(4) Contractor personnel representing the national security
laboratories and the nuclear weapons production facilities (as
those terms are defined in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501)).
(5) Such other personnel as the Administrator considers
appropriate.
(c) Duties.--The duties of the committee shall include the
following:
(1) To identify and oversee the implementation of best
practices of industry in the operations of the facilities and
sites of the Administration for the purposes described in
subsection (a).
(2) To conduct surveys of the facilities and sites of the
Administration in order to assess the adoption, implementation,
and use by such facilities and sites of best practices of
industry described in subsection (a).
(3) To carry out such other activities consistent with the
duties of the committee under this subsection as the
Administrator may specify for purposes of this section.
(d) Annual Report.--
(1) In general.--Not later than 60 days after the date on
which the budget of the President for a fiscal year after fiscal
year 2017 is submitted to Congress pursuant to section 1105(a)
of title 31, United States Code, the Administrator shall
[[Page 130 STAT. 2763]]
submit to the appropriate congressional committees a report on
the activities of the committee under this section during the
preceding calendar year.
(2) Elements.--Each report under this subsection shall
include, for the calendar year covered by such report, the
following:
(A) A description of the activities of the
committee.
(B) The results of the surveys undertaken pursuant
to subsection (c)(2).
(C) As a result of the surveys, recommendations for
modifications to the scope or applicability of
regulations and orders of the Department of Energy to
particular facilities and sites of the Administration in
order to implement best practices of industry in the
operation of such facilities and sites, including--
(i) a list of the facilities and sites at
which such regulations and orders could be so
modified; and
(ii) for each such facility and site, the
manner in which the scope or applicability of such
regulations and orders could be so modified.
(D) An assessment of the progress of the
Administration in implementing best practices of
industry in the operations of the facilities and sites
of the Administration.
(E) An estimate of the costs to be saved as a result
of the best practices of industry implemented by the
Administration at the facilities and sites of the
Administration, set forth by fiscal year.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of
the House of Representatives.
(e) Termination.--The committee shall terminate after the submittal
under subsection (d) of the report required by that subsection that
covers 2021.
SEC. 3119. <<NOTE: 50 USC 2791 note.>> PILOT PROGRAM ON
UNAVAILABILITY FOR OVERHEAD COSTS OF
AMOUNTS SPECIFIED FOR LABORATORY-
DIRECTED RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Energy shall establish a pilot
program under which each national security laboratory (as defined in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) is
prohibited from using funds described in subsection (b) to cover the
costs of general and administrative overhead for the laboratory.
(b) Funds Described.--The funds described in this subsection are
funds made available for a national security laboratory under section
4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c)) for
laboratory-directed research and development.
(c) Duration.--The pilot program required by subsection (a) shall--
(1) take effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act; and
(2) terminate on the date that is three years after the day
described in paragraph (1).
[[Page 130 STAT. 2764]]
(d) Report Required.--Before the termination under subsection (c)(2)
of the pilot program required by subsection (a), the Administrator for
Nuclear Security shall submit to the congressional defense committees a
report that assesses the costs, benefits, risks, and other effects of
the pilot program.
SEC. 3120. RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL NUCLEAR FUEL
SYSTEM BASED ON LOW-ENRICHED URANIUM.
(a) Prohibition.--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 Energy may be
obligated or expended to plan or carry out research and development of
an advanced naval nuclear fuel system based on low-enriched uranium.
(b) Exception.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for defense nuclear
nonproliferation, as specified in the funding table in division D, not
more than $5,000,000 shall be made available to the Deputy Administrator
for Naval Reactors of the National Nuclear Security Administration for
initial planning and early research and development of an advanced naval
nuclear fuel system based on low-enriched uranium.
(c) Budget Matters.--Section 3118 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1196) is amended--
(1) in subsection (c), by striking paragraph (2) and
inserting the following new paragraph:
``(2) Budget requests.--If the Secretaries determine under
paragraph (1) that research and development of an advanced naval
nuclear fuel system based on low-enriched uranium should
continue, the Secretaries shall ensure that each budget of the
President submitted to Congress under section 1105(a) of title
31, United States Code, for fiscal year 2018 and each fiscal
year thereafter in which such research and development is
carried out includes in the budget line item for the `Defense
Nuclear Nonproliferation' account amounts necessary to carry out
the conceptual plan under subsection (b).''; and
(2) in subsection (d), by striking ``for material management
and minimization''.
SEC. 3121. INCREASE IN CERTAIN LIMITATIONS APPLICABLE TO FUNDS FOR
CONCEPTUAL AND CONSTRUCTION DESIGN OF
THE DEPARTMENT OF ENERGY.
(a) Requests for Conceptual Design Funds.--Subsection (a)(2) of
section 4706 of the Atomic Energy Defense Act (50 U.S.C. 2746) is
amended by striking ``$3,000,000'' and inserting ``$5,000,000''.
(b) Construction Design.--Subsection (b) of such section is amended
by striking ``$1,000,000'' each place it appears and inserting
``$2,000,000''.
SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS IN
RUSSIAN FEDERATION.
(a) Prohibition.--
(1) In general.--None of the funds described in paragraph
(2) may be obligated or expended to enter into a contract
[[Page 130 STAT. 2765]]
with, or otherwise provide assistance to, the Russian
Federation.
(2) Funds described.--The funds described in this paragraph
are the following:
(A) Funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for
atomic energy defense activities.
(B) Funds authorized to be appropriated or otherwise
made available for a fiscal year prior to fiscal year
2017 for atomic energy defense activities that are
unobligated or unexpended as of the date of the
enactment of this Act.
(b) Waiver.--The Secretary of Energy, without delegation, may waive
the prohibition in subsection (a)(1) only if--
(1) the Secretary determines, in writing, that a nuclear-
related threat arising in the Russian Federation must be
addressed urgently and it is necessary to waive the prohibition
to address that threat;
(2) the Secretary of State and the Secretary of Defense
concur in the determination under paragraph (1);
(3) the Secretary of Energy submits to the appropriate
congressional committees a report containing--
(A) a notification that the waiver is in the
national security interest of the United States;
(B) justification for the waiver, including the
determination under paragraph (1); and
(C) a description of the activities to be carried
out pursuant to the waiver, including the expected cost
and timeframe for such activities; and
(4) a period of 15 days elapses following the date on which
the Secretary submits the report under paragraph (3).
(c) Exception.--The prohibition under subsection (a)(1) and the
requirements under subsection (b) to waive that prohibition shall not
apply to an amount, not to exceed $3,000,000, that the Secretary may
make available for the Department of Energy Russian Health Studies
Program.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 3123. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL
SALARIES AND EXPENSES.
(a) In General.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the National
Nuclear Security Administration for defense-related Federal salaries and
expenses, not more than 90 percent may be obligated or expended until
the date on which the Secretary of Energy submits to the congressional
defense committees and the congressional intelligence committees the
following:
(1) The updated plan on the designing and building of
prototypes of nuclear weapons that is required--
(A) by paragraph (2) of section 4509(a) of the
Atomic Energy Defense Act (50 U.S.C. 2660(a)), to be
developed
[[Page 130 STAT. 2766]]
by not later than the date on which the budget of the
President for fiscal year 2018 is submitted to Congress;
and
(B) by paragraph (3)(B) of such section, to be
submitted to the congressional defense committees and
the congressional intelligence committees.
(2) A description of the determination of the Secretary
under paragraph (4)(B) of such section with respect to the
manner in which the designing and building of prototypes of
nuclear weapons is carried out under such updated plan.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 3124. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE
ENVIRONMENTAL CLEANUP PROGRAM DIRECTION.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for defense environmental cleanup
for program direction, not more than 90 percent may be obligated or
expended until the date on which the Secretary of Energy submits to
Congress the future-years defense environmental cleanup plan required to
be submitted during 2017 under section 4402A of the Atomic Energy
Defense Act (50 U.S.C. 2582a).
SEC. 3125. LIMITATION ON AVAILABILITY OF FUNDS FOR ACCELERATION OF
NUCLEAR WEAPONS DISMANTLEMENT.
(a) Limitation on Maximum Amount for Dismantlement.--Of the funds
authorized to be appropriated by this Act or otherwise made available
for any of fiscal years 2017 through 2021 for the National Nuclear
Security Administration, not more than $56,000,000 may be obligated or
expended in each such fiscal year to carry out the nuclear weapons
dismantlement and disposition activities of the Administration.
(b) Limitation on Acceleration of Dismantlement Activities.--Except
as provided by subsection (c), none of the funds authorized to be
appropriated by this Act or otherwise made available for any of fiscal
years 2017 through 2021 for the National Nuclear Security Administration
may be obligated or expended to accelerate the nuclear weapons
dismantlement activities of the United States to a rate that exceeds the
rate described in the Stockpile Stewardship and Management Plan
schedule.
(c) Exception.--The limitation in subsection (b) shall not apply to
the following:
(1) The dismantlement of a nuclear weapon not covered by the
Stockpile Stewardship and Management Plan schedule if the
Administrator for Nuclear Security certifies, in writing, to the
congressional defense committees that--
(A) the components of the nuclear weapon are
directly required for the purposes of a current life
extension program; or
(B) such dismantlement is necessary to conduct
maintenance or surveillance of the nuclear weapons
stockpile or to ensure the safety or reliability of the
nuclear weapons stockpile.
[[Page 130 STAT. 2767]]
(2) The dismantlement of a nuclear weapon if the President
certifies, in writing, to the congressional defense committees
that--
(A) such dismantlement is being carried out pursuant
to a nuclear arms reduction treaty or similar
international agreement that requires such
dismantlement; and
(B) such treaty or similar international agreement--
(i) has entered into force after the date of
the enactment of this Act; and
(ii) was approved--
(I) with the advice and consent of
the Senate pursuant to clause 2 of
section 2 of Article II of the
Constitution of the United States after
the date of the enactment of this Act;
or
(II) by an Act of Congress, as
described in section 303(b) of the Arms
Control and Disarmament Act (22 U.S.C.
2573(b)).
(d) Stockpile Stewardship and Management Plan Schedule Defined.--In
this section, the term ``Stockpile Stewardship and Management Plan
schedule'' means the schedule described in table 2-7 of the annex of the
report titled ``Fiscal Year 2016 Stockpile Stewardship and Management
Plan'' submitted in March 2015 by the Administrator for Nuclear Security
to the congressional defense committees under section 4203(b)(2) of the
Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)).
Subtitle C--Plans and Reports
SEC. 3131. INDEPENDENT ASSESSMENT OF TECHNOLOGY DEVELOPMENT UNDER
DEFENSE ENVIRONMENTAL CLEANUP PROGRAM.
(a) Assessment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall seek to enter into
an agreement with the National Academy of Sciences to conduct an
independent assessment of the technology development efforts of the
defense environmental cleanup program of the Department of Energy.
(b) Elements.--The assessment under subsection (a) shall include the
following:
(1) A review of the technology development efforts of the
defense environmental cleanup program of the Department of
Energy, including an assessment of the process by which the
Secretary identifies and chooses technologies to pursue under
the program.
(2) A comprehensive review and assessment of technologies or
alternative approaches to defense environmental cleanup efforts
that could--
(A) reduce the long-term costs of such efforts;
(B) accelerate schedules for carrying out such
efforts;
(C) mitigate uncertainties, vulnerabilities, or
risks relating to such efforts; or
(D) otherwise significantly improve the defense
environmental cleanup program.
(c) Submission.--Not later than the date that is 18 months after the
date of the enactment of this Act, the National Academy of Sciences
shall submit to the congressional defense committees
[[Page 130 STAT. 2768]]
and the Secretary a report on the assessment under subsection (a).
SEC. 3132. UPDATED PLAN FOR VERIFICATION AND MONITORING OF
PROLIFERATION OF NUCLEAR WEAPONS AND
FISSILE MATERIAL.
(a) Updated Plan.--
(1) Transmission.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a comprehensive and
detailed update to the plan developed under section 3133(a) of
the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3896) with respect to verification and monitoring relating
to the potential proliferation of nuclear weapons, components of
such weapons, and fissile material.
(2) Form.--The updated plan under paragraph (1) shall be
transmitted in unclassified form, but may include a classified
annex.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the Department
of Defense for supporting the Executive Office of the President,
$10,000,000 may not be obligated or expended until the date on which the
President transmits to the appropriate congressional committees the
updated plan under subsection (a)(1).
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the President shall provide to the Committees on
Armed Services of the Senate and House of Representatives (and any other
appropriate congressional committee upon request) an interim briefing on
the updated plan under subsection (a)(1).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives.
(5) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the
House of Representatives.
SEC. 3133. REPORT ON THE USE OF HIGHLY-ENRICHED URANIUM FOR NAVAL
REACTORS.
(a) Report.--Not later than 120 days after the date of the enactment
of this Act, the Director of National Intelligence, in consultation with
the Secretary of Defense, the Secretary of Energy, and the Secretary of
State, shall, in accordance with the protection of sources and methods,
submit to the appropriate congressional committees a report that
includes the following:
(1) An assessment on the current and anticipated intentions
of countries producing or using highly-enriched uranium in naval
reactors or considering the development of naval reactors.
[[Page 130 STAT. 2769]]
(2) An evaluation of the security measures each country
producing or using highly-enriched uranium in naval reactors has
in place.
(3) An evaluation of the potential effects on nuclear
nonproliferation efforts and the naval reactor programs and
related actions of other countries if the United States pursued
the development of an advanced low-enriched uranium fuel for
certain United States naval reactors as described in the report
of the Director of Naval Reactors to Congress, dated July 2016
and entitled ``Conceptual Research and Development Plan for Low-
Enriched Uranium Naval Fuel''.
(4) Such other information or updates as the Director of
National Intelligence, the Secretary of Defense, the Secretary
of Energy, and the Secretary of State consider appropriate.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 3134. ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT OF
LOW-ACTIVITY WASTE AT HANFORD NUCLEAR
RESERVATION.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall enter into an
arrangement with a federally funded research and development center to
conduct an analysis of approaches for treating the portion of low-
activity waste at the Hanford Nuclear Reservation, Richland, Washington,
that, as of such date of enactment, is intended for supplemental
treatment.
(b) Elements.--The analysis required by subsection (a) shall include
the following:
(1) An analysis of, at a minimum, the following approaches
for treating the low-activity waste described in subsection (a):
(A) Further processing of the low-activity waste to
remove long-lived radioactive constituents, particularly
technetium-99 and iodine-129, for immobilization with
high-level waste.
(B) Vitrification, grouting, and steam reforming,
and other alternative approaches identified by the
Department of Energy for immobilizing the low-activity
waste.
(2) An analysis of the following:
(A) The risks of the approaches described in
paragraph (1) relating to treatment and final
disposition.
(B) The benefits and costs of such approaches.
(C) Anticipated schedules for such approaches,
including the time needed to complete necessary
construction and to begin treatment operations.
[[Page 130 STAT. 2770]]
(D) The compliance of such approaches with
applicable technical standards associated with and
contained in regulations prescribed pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
(commonly referred to as the ``Resource Conservation and
Recovery Act of 1976''), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) (commonly referred
to as the ``Clean Water Act''), and the Clean Air Act
(42 U.S.C. 7401 et seq.).
(E) Any obstacles that would inhibit the ability of
the Department of Energy to pursue such approaches.
(c) Review of Analysis.--
(1) In general.--Concurrent with entering into an
arrangement with a federally funded research and development
center under subsection (a), the Secretary shall enter into an
arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct a review of the analysis
conducted by the federally funded research and development
center.
(2) Method of review.--The review required by paragraph (1)
shall be conducted concurrent with the analysis required by
subsection (a), and in a manner that is parallel to that
analysis, so that the results of the review may be used to
improve the quality of the analysis.
(3) Public review.--In conducting the review required
paragraph (1), the National Academies of Sciences, Engineering,
and Medicine shall provide an opportunity for public comment,
with sufficient notice, to inform and improve the quality of the
review.
(d) Consultation With State.--Prior to the submission in accordance
with subsection (e)(2) of the analysis required by subsection (a) and
the review of the analysis required by subsection (c), the federally
funded research and development center and the National Academies of
Sciences, Engineering, and Medicine shall provide to the State of
Washington--
(1) the analysis and review in draft form; and
(2) an opportunity to comment on the analysis and review for
a period of not less than 60 days.
(e) Submission to Congress.--
(1) Briefings on progress.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days
thereafter until the materials described in paragraph (2) are
submitted in accordance with that paragraph, the Secretary shall
provide to the congressional defense committees a briefing on
the progress being made on the analysis required by subsection
(a) and the review of the analysis required by subsection (c).
(2) Completed analysis and review.--Not later than two years
after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the analysis
required by subsection (a), the review of the analysis required
by subsection (c), any comments of the State of Washington under
subsection (d)(2), and any comments of the Secretary on the
analysis or the review of the analysis.
(f) Limitations.--
[[Page 130 STAT. 2771]]
(1) Secretary of energy.--This section does not conflict
with or impair the obligation of the Secretary to comply with
any requirement of--
(A) the amended consent decree in Washington v.
Moniz, No. 2:08-CV-5085-RMP (E.D. Wash.); or
(B) the Hanford Federal Facility Agreement and
Consent Order.
(2) State of washington.--This section does not conflict
with or impair the regulatory authority of the State of
Washington under the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) (commonly referred to as the ``Resource Conservation and
Recovery Act of 1976'') and any corresponding State law.
SEC. 3135. CLARIFICATION OF ANNUAL REPORT AND CERTIFICATION ON
STATUS OF SECURITY OF ATOMIC ENERGY
DEFENSE FACILITIES.
Section 4506(b)(1)(B) of the Atomic Energy Defense Act (50 U.S.C.
2657(b)(1)(B)) is amended to read as follows:
``(B) written certification that such facilities are secure
and that the security measures at such facilities meet the
security standards and requirements of the Department of
Energy.''.
SEC. 3136. REPORT ON SERVICE SUPPORT CONTRACTS AND AUTHORITY FOR
APPOINTMENT OF CERTAIN PERSONNEL.
(a) Annual Report on Service Support Contracts.--Section 3241A(f) of
the National Nuclear Security Administration Act (50 U.S.C. 2441a(f)) is
amended by adding at the end the following new paragraph:
``(5) With respect to each contract identified under
paragraph (2)--
``(A) the cost of the contract; and
``(B) identification of the program or program
direction accounts that support the contract.''.
(b) Extension of Authority for Appointment of Certain Personnel.--
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``2016'' and inserting ``2020''.
SEC. 3137. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Reports on Plan to Protect Against Inadvertent Release of
Restricted Data and Formerly Restricted Data.--Section 4522 of the
Atomic Energy Defense Act (50 U.S.C. 2672) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(b) GAO Report on Program on Scientific Engagement for
Nonproliferation.--Section 3122 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 50 U.S.C. 2571 note) is
amended--
(1) in subsection (b)(1), by striking ``, and to the
Comptroller General of the United States,'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(c) GAO Study on Adequacy of Budget Requests With Respect to
Modernization and Refurbishment of Nuclear
[[Page 130 STAT. 2772]]
Weapons Stockpile.--Section 3255 of the National Nuclear Security
Administration Act (50 U.S.C. 2455) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Temporary Suspension.--The requirements of subsection (a)
shall not apply with respect to the nuclear security budget materials
submitted for fiscal year 2018 or 2019.''.
(d) Strategy on Risks to Nonproliferation Caused by Additive
Manufacturing.--Section 3139(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1215; 50 U.S.C.
2367 note) is amended to read as follows:
``(b) Briefings.--
``(1) In general.--Not later than March 31, 2016, and
annually thereafter through 2019, the President shall provide to
the appropriate congressional committees a briefing on the
strategy developed under subsection (a).
``(2) Interim briefings.--In addition to the briefings
required by paragraph (1), the President shall provide to the
appropriate congressional committees a notification or briefing
if there is a development in additive manufacture technology, or
increased use of additive manufacture technology, that could
pose an increased risk to the United States from nuclear
proliferation.''.
SEC. 3138. REPORT ON UNITED STATES NUCLEAR DETERRENCE.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, the Secretary of Energy shall, consistent with
the protection of sources and methods, submit to the appropriate
congressional committees the full, unredacted report, and any related
materials, titled ``U.S. Nuclear Deterrence in the Coming Decades'',
dated August 15, 2014.
(b) Cover Letter.--The Secretary may submit to the appropriate
congressional committees, with the report submitted under subsection
(a), a cover letter containing any views or perspectives of the
Secretary on the report or related matters.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2017,
$31,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
[[Page 130 STAT. 2773]]
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $14,950,000 for fiscal year 2017 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
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.
[[Page 130 STAT. 2774]]
Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Department of
Transportation for fiscal year 2017, to be available without fiscal year
limitation if so provided in appropriations Acts, for programs
associated with maintaining the United States merchant marine, the
following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $99,902,000, of which--
(A) $74,851,000 shall be for Academy operations; and
(B) $25,051,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $29,550,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2018, for the Student Incentive Program;
(B) $3,000,000 shall remain available until expended
for direct payments to such academies;
(C) $22,000,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels;
(D) $1,800,000 shall remain available until expended
for training ship fuel assistance; and
(E) $350,000 shall remain available until expended
for expenses to improve the monitoring of the service
obligations of graduates.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $36,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $58,694,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $20,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a United
States flag merchant marine to serve the national security needs
of the United States under chapter 531 of title 46, United
States Code, $299,997,000.
(7) For expenses necessary to provide assistance for small
shipyards and maritime communities under section 54101 of title
46, United States Code, $30,000,000, of which--
(A) $5,000,000 shall remain available until expended
for training grants; and
(B) $25,000,000 shall remain available until
expended for capital and related improvements.
(8) For administrative expenses associated with the program
authorized by chapter 537 of title 46, United States Code,
$3,000,000, which shall remain available until expended.
SEC. 3502. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS RELATING
TO VESSELS IN THE MARITIME SECURITY
FLEET.
(a) Authority.--
[[Page 130 STAT. 2775]]
(1) In general.--Section 53102 of title 46, United States
Code, is amended by adding at the end the following:
``(g) Authority To Extend Maximum Service Age for Vessel.--The
Secretary of Defense, in conjunction with the Secretary of
Transportation, may, for a particular participating fleet vessel, treat
the ages specified in section 53101(5)(A)(ii) and section 53106(c)(3) as
increased by up to 5 years if the Secretaries jointly determine that it
is in the national interest to do so.''.
(2) Conforming amendment.--The heading of subsection (f) of
such section is amended to read as follows: ``Authority To Waive
Age Restriction for Eligibility of a Vessel To Be Included in
Fleet.--''.
(b) Repeal of Redundant Age Limitation.--Section 53106(c)(3) of such
title is amended--
(1) in subparagraph (A), by striking ``or (C);'' and
inserting ``; or'';
(2) in subparagraph (B), by striking ``; or'' and inserting
a period; and
(3) by striking subparagraph (C).
SEC. 3503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.
(a) Short Title Correction.--The Coast Guard Authorization Act of
2015 (Public Law 114-120) is amended by striking ``Coast Guard
Authorization Act of 2015'' each place it appears (including in quoted
material) and inserting ``Coast Guard Authorization Act of 2016''.
(b) Title 46, United States Code.--
(1) Exam review.--Section 7510(c) of title 46, United States
Code, is amended--
(A) in paragraph (1)(D), by striking ``engine'' and
inserting ``engineer''; and
(B) in paragraph (9), by inserting a period after
``App''.
(2) Vessel certification.--Section 4503(f)(2) of title 46,
United States Code, is amended by striking ``, that'' and
inserting ``, then''.
(c) Provisions Relating to the Pribilof Islands.--Section 521 of the
Coast Guard Authorization Act of 2016 (Public Law 114-120), as amended
by subsection (a), is amended by striking ``2015'' and inserting
``2016''.
(d) Title 14, United States Code.--
(1) Redistribution of authorizations of appropriations.--
Section 2702 of title 14, United States Code, is amended--
(A) in paragraph (1)(B), by striking
``$6,981,036,000'' and inserting ``$6,986,815,000''; and
(B) in paragraph (3)(B), by striking
``$140,016,000'' and inserting ``$134,237,000''.
(2) Clerical amendment.--The analysis at the beginning of
part III of title 14, United States Code, is amended by striking
the period at the end of the item relating to chapter 29.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of Public Law 114-120.
[[Page 130 STAT. 2776]]
SEC. 3504. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.
Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405)
is amended--
(1) in subsection (a), by adding at the end the following:
``Vessels in the National Defense Reserve Fleet, including
vessels loaned to State maritime academies, shall be considered
public vessels of the United States.''; and
(2) by adding at the end the following:
``(g) Vessel Status.--A vessel in the National Defense Reserve Fleet
determined by the Maritime Administration to be of insufficient value to
remain in the National Defense Reserve Fleet shall remain a vessel
within the meaning of that term in section 3 of title 1, United States
Code, and subject to the rights and responsibilities of a vessel under
admiralty law at least until such time as the vessel is delivered to a
dismantling facility or is disposed of otherwise from the National
Defense Reserve Fleet.''.
SEC. 3505. NDRF NATIONAL SECURITY MULTI-MISSION VESSEL.
(a) In General.--The Secretary of Transportation, in consultation
with the Chief of Naval Operations and the Commandant of the Coast
Guard, shall ensure that the Maritime Administrator takes all necessary
actions--
(1) to complete the design of a national security multi-
mission vessel for the National Defense Reserve Fleet to allow
for the construction of such vessel to begin in fiscal year
2018; and
(2) subject to the availability of appropriations, to have
an entity enter into a contract for the construction of such
vessel in accordance with this section.
(b) Use of Vessel.--A vessel constructed pursuant to this section
shall be for use--
(1) as a training vessel that can be provided to State
maritime academies under section 51504(b) of title 46, United
States Code; and
(2) in conducting humanitarian assistance, disaster
response, domestic and foreign emergency contingency operations,
and other authorized uses of vessels of the National Defense
Reserve Fleet.
(c) Construction and Documentation Requirements.--A vessel
constructed pursuant to this section shall meet the requirements for and
be issued a certificate of documentation and a coastwise endorsement
under chapter 121 of title 46, United States Code.
(d) Design Standards and Construction Practices.--Subject to
subsection (c), a vessel constructed pursuant to this section shall be
constructed using commercial design standards and commercial
construction practices that are consistent with the best interests of
the Federal Government.
(e) Consultation With Other Federal Entities.--The Maritime
Administrator may consult and coordinate with the Secretary of the Navy
regarding the vessel described in subsection (a) and activities
associated with such vessel.
(f) Contracting.--The Maritime Administrator shall provide for an
entity other than the Maritime Administration to contract for the
construction of the vessel described in subsection (a).
(g) Repeal of Plan Approval Requirement.--Section 109(j)(3) of title
49, United States Code, is repealed.
[[Page 130 STAT. 2777]]
SEC. 3506. SUPERINTENDENT OF UNITED STATES MERCHANT MARINE
ACADEMY.
(a) In General.--Section 51301 of title 46, United States Code, is
amended by adding at the end the following:
``(c) Superintendent.--
``(1) In general.--The immediate command of the United
States Merchant Marine Academy shall be in the Superintendent of
the Academy, subject to the direction of the Maritime
Administrator under the general supervision of the Secretary of
Transportation.
``(2) Appointment.--The Secretary of Transportation shall
appoint as the Superintendent--
``(A) an individual who has--
``(i) attained a general or flag officer rank
in the Navy, Army, Air Force, Marine Corps, Coast
Guard, or National Oceanic and Atmospheric
Administration; and
``(ii) served at sea in any rank;
``(B) an individual who has--
``(i)(I) served at sea in the Navy, Army, Air
Force, Marine Corps, Coast Guard, or National
Oceanic and Atmospheric Administration; or
``(II) held a valid Coast Guard merchant
mariner credential; and
``(ii) demonstrated exemplary leadership in
the education of individuals in the Armed Forces
or United States merchant marine; or
``(C) if a qualified individual described in
subparagraph (A) or (B) does not apply for the position,
an individual who has--
``(i) attained the grade of captain or above
in the Navy, Coast Guard, or National Oceanic and
Atmospheric Administration or colonel or above in
the Army, Air Force, or Marine Corps; and
``(ii) served at sea in any grade.
``(3) Rule of construction.--Notwithstanding paragraph (2),
the Secretary of Transportation may appoint an individual who is
the best qualified candidate, even if such individual does not
fully meet the criteria described in paragraph (2).''.
(b) <<NOTE: 46 USC 51301 note.>> Savings Clause.--Nothing in this
section may be construed to require any change to the current leadership
of the United States Merchant Marine Academy.
SEC. 3507. USE OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING
PROCEEDS.
(a) Funding Allocation.--Section 308704 of title 54, United States
Code, is amended--
(1) in subsection (a)(1), by amending subparagraph (C) to
read as follows:
``(C) The remainder shall be available to the
Secretary to carry out the Program, as provided in
subsection (b).''; and
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) Allocation.--
[[Page 130 STAT. 2778]]
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (2), of the amounts
available each fiscal year for the Program under
subsection (a)(1)(C)--
``(i) 50 percent shall be used for grants
under section 308703(b); and
``(ii) 50 percent shall be used for grants
under section 308703(c).
``(B) Set aside.--
``(i) In general.--Not less than 25 percent of
the amounts available each fiscal year for the
Program under subsection (a)(1)(C) shall be used
for the preservation and presentation to the
public of the maritime heritage property of the
Maritime Administration.
``(ii) Direct transfers.--The Secretary may
provide amounts used for the preservation and
presentation to the public of the maritime
heritage property of the Maritime Administration
through direct transfers to the Maritime
Administration.
``(iii) Waiver.--The Maritime Administrator
may waive the application of clause (i) for any
fiscal year.''.
(b) Conforming Amendment.--Section 308703(c)(1) of title 54, United
States Code, is amended by striking ``under section 308704(b)(1)(B)''
and inserting ``under section 308704(b)(1)(A)''.
(c) Reporting Requirement.--Section 308703(j) of title 54, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Congress'' and inserting ``the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Energy and
Natural Resources of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Armed Services of the House of Representatives, and the
Committee on Transportation and Infrastructure of the House of
Representatives'';
(2) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) the total number of grant applications submitted and
approved under the Program in the period covered by the
report;''; and
(4) in paragraph (2), as redesignated, by inserting
``detailed'' before ``description''.
(d) Annual Report by the Maritime Administration.--
(1) In general.--Not later than January 1 of each year, the
Maritime Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the management of the Ship Disposal program of the Maritime
Administration.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) the total amount of funds, attributable to the
Ship Disposal program of the Maritime Administration,
credited in the most recently completed fiscal year to--
[[Page 130 STAT. 2779]]
(i) the Vessel Operations Revolving Fund
established by section 50301(a) of title 46,
United States Code; and
(ii) any other account;
(B) the balance of funds available at the end of
that fiscal year in--
(i) the Vessel Operations Revolving Fund; and
(ii) any other account for which a credited
amount was included under subparagraph (A)(ii);
(C) a detailed description of the funds credited to
and distributions from the Vessel Operations Revolving
Fund in that fiscal year; and
(D) a summary of each maritime heritage project
selected by the Maritime Administrator, for preservation
and presentation to the public of the Maritime
Administration's maritime heritage property, for which
funds from the Vessel Operations Revolving Fund were
expended in that fiscal year.
(e) Assessments by the Maritime Administration.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, and biennially thereafter, the Maritime
Administrator shall complete an assessment of the Ship Disposal
program of the Maritime Administration.
(2) Contents.--Each assessment under paragraph (1) shall
include--
(A) an inventory of each vessel, subject to a
disposal agreement or a memorandum of agreement with
another Federal agency relating to the disposal of the
vessel, for which the Maritime Administration is acting
as the disposal agency, including--
(i) the age of the vessel; and
(ii) the name of the Federal agency that has
or had custody over the vessel prior to any
disposal agreement or memorandum of agreement with
the Maritime Administration;
(B) an inventory of each vessel of a Federal agency
that may meet the criteria for the Maritime
Administration to act as the disposal agency,
including--
(i) the age of the vessel;
(ii) the name of the applicable Federal
agency; and
(iii) whether the vessel is expected to be
declared obsolete and dismantled in the next 5
years;
(C) a plan to serve as the disposal agency, as
appropriate, for the vessels described in subparagraph
(B);
(D) a plan for the timely distribution of the
proceeds that the Maritime Administration currently has
in ship disposal accounts;
(E) a projection of future distributions of such
proceeds; and
(F) any other assessment related to the Ship
Disposal program that the Maritime Administrator
determines appropriate.
(3) Inclusion in the annual report.--A detailed description
of the results of each assessment under paragraph (1) shall be
included in the annual report under subsection (d) for the year
in which the assessment was completed.
[[Page 130 STAT. 2780]]
(f) Cessation of Effectiveness.--Subsections (d) and (e) of this
section shall cease to be effective on the date that is 5 years and 1
day after the date of the enactment of this Act.
SEC. 3508. FLOATING DRY DOCKS.
Section 55122 of title 46, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Dry Docks for Construction of Certain Naval Vessels.--
``(1) In general.--In applying subsection (a) to a floating
dry dock used for the construction of naval vessels in a
shipyard located in the United States, the ownership and
operation requirement in paragraph (1)(B) of that subsection
shall be treated as satisfied and `December 19, 2017' shall be
substituted for the date referred to in paragraph (1)(C) of that
subsection if the Secretary of the Navy determines that--
``(A) such dry dock is necessary for the timely
completion of such construction; and
``(B) such dry dock--
``(i) is owned and operated by--
``(I) a shipyard located in the
United States that is an eligible owner
specified under section 12103(b); or
``(II) an affiliate of such a
shipyard; or
``(ii) is--
``(I) owned by the State in which
the shipyard is located or a political
subdivision of that State; and
``(II) operated by a shipyard
located in the United States that is an
eligible owner specified under section
12103(b).
``(2) Notice to congress.--Not later than 30 days after
making a determination under paragraph (1), the Secretary of the
Navy shall notify 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
of such determination.''.
SEC. 3509. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS FOR
INDIVIDUALS UNDERGOING SEPARATION,
DISCHARGE, OR RELEASE FROM THE ARMED
FORCES.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in subsection (b)(2), by striking ``and'' after the
semicolon at the end of subparagraph (F), by redesignating
subparagraph (G) as subparagraph (H), and by inserting after
subparagraph (F) the following:
``(G) a member of the Armed Forces who--
``(i) is undergoing separation, discharge, or
release from the Armed Forces under honorable
conditions;
``(ii) applies for a transportation security card;
and
``(iii) is otherwise eligible for such a card;
and''; and
(2) by amending subsection (j) to read as follows:
``(j) Priority Processing for Separating Service Members.--(1) The
Secretary and the Secretary of Defense shall enter into a memorandum of
understanding regarding the submission
[[Page 130 STAT. 2781]]
and processing of applications for transportation security cards under
subsection (b)(2)(G).
``(2) Not later than 30 days after the submission of such an
application by an individual who is eligible to submit such an
application, the Secretary shall process and approve or deny the
application unless an appeal or waiver applies or further application
documentation is necessary.''.
(b) Deadline for Memorandum.--The Secretary of the department in
which the Coast Guard is operating and the Secretary of Defense shall
enter into the memorandum of understanding required by the amendment
made by subsection (a)(2) by not later than 180 days after the date of
the enactment of this Act.
(c) Application of Processing Deadline.--Section 70105(j)(2) of
title 46, United States Code, as amended by this section, shall apply to
applications for transportation security cards submitted after the
expiration of the 180-day period beginning on the date of the enactment
of this Act.
(d) Reports.--
(1) Initial report.--
(A) Requirement.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of
Defense and the Secretary of Homeland Security shall
jointly submit a report described in subparagraph (B) to
the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee
on Homeland Security and Governmental Affairs of the
Senate and the Committee on Armed Services, the
Committee on Homeland Security, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(B) Contents.--The report under subparagraph (A)
shall include the following:
(i) The memorandum of understanding required
by section 70105(j)(1) of title 46, United States
Code, as amended by this section.
(ii) The number of individuals eligible to
apply for a transportation security card under
section 70105(b)(2)(G) of title 46, United States
Code, as amended by this section, the number of
such individuals who applied for such a card, and
the number of such individuals who have been
issued such a card, as of the date of the report.
(iii) If the Secretary failed to process and
approve or deny any applications received from
individuals eligible to apply for such a card
under such section before the deadline specified
in section 70105(j)(2) of such title, as amended
by this section, a description of the reasons for
the failure and of the actions being taken to
assure that future applications are processed and
issued or denied within such deadline.
(2) Subsequent report.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall jointly submit a report to
such Committees containing the information described in clauses
(ii) and (iii) of paragraph (1)(B).
[[Page 130 STAT. 2782]]
SEC. 3510. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL ASSAULT
AT THE UNITED STATES MERCHANT MARINE
ACADEMY.
(a) Policy.--Chapter 513 of title 46, United States Code, is amended
by adding at the end the following:
``Sec. 51318. <<NOTE: 46 USC 51318.>> Policy on sexual harassment
and sexual assault
``(a) Required Policy.--
``(1) In general.--The Secretary of Transportation shall
direct the Superintendent of the United States Merchant Marine
Academy to prescribe a policy on sexual harassment and sexual
assault applicable to the cadets and other personnel of the
Academy.
``(2) Matters to be specified in policy.--The policy on
sexual harassment and sexual assault prescribed under this
subsection shall include--
``(A) a program to promote awareness of the
incidence of rape, acquaintance rape, and other sexual
offenses of a criminal nature that involve cadets or
other Academy personnel;
``(B) procedures that a cadet or other Academy
personnel should follow in the case of an occurrence of
sexual harassment or sexual assault, including--
``(i) specifying the person or persons to whom
an alleged occurrence of sexual harassment or
sexual assault should be reported by the victim
and the options for confidential reporting;
``(ii) specifying any other person whom the
victim should contact; and
``(iii) procedures on the preservation of
evidence potentially necessary for proof of
criminal sexual assault;
``(C) a procedure for disciplinary action in cases
of alleged criminal sexual assault involving a cadet or
other Academy personnel;
``(D) any other sanction authorized to be imposed in
a substantiated case of sexual harassment or sexual
assault involving a cadet or other Academy personnel in
rape, acquaintance rape, or any other criminal sexual
offense, whether forcible or nonforcible;
``(E) procedures through which--
``(i) questions regarding sexual harassment or
sexual assault can be confidentially asked and
confidentially answered;
``(ii) victims can report incidents of sexual
assault confidentially; and
``(iii) the privacy of victims of sexual
harassment and sexual assault will be protected;
and
``(F) required training on the policy for all cadets
and other Academy personnel, including the specific
training required for personnel who process allegations
of sexual harassment or sexual assault involving Academy
personnel.
``(3) Availability of policy.--The Secretary shall ensure
that the policy developed under this subsection is available
to--
``(A) all cadets and employees of the Academy; and
``(B) the public.
[[Page 130 STAT. 2783]]
``(4) Consultation and assistance.--In developing the policy
under this subsection, the Secretary may consult with or receive
assistance from such Federal, State, local, and national
organizations and subject matter experts as the Secretary
considers appropriate.
``(b) Development Program.--
``(1) In general.--The Secretary shall ensure that the
development program of the Academy includes a section that--
``(A) describes the relationship between honor,
respect, and character development and the prevention of
sexual harassment and sexual assault at the Academy;
``(B) includes a brief history of the problem of
sexual harassment and sexual assault in the merchant
marine, in the Armed Forces, and at the Academy; and
``(C) includes information relating to reporting
sexual harassment and sexual assault, victims' rights,
and dismissal for offenders.
``(2) Minimum training requirements.--The Superintendent
shall ensure that all cadets receive training on the sexual
harassment and sexual assault prevention and response sections
of the development program of the Academy, as described in
paragraph (1), as follows:
``(A) An initial training session, which shall occur
not later than 7 days after a cadet's initial arrival at
the Academy.
``(B) Additional training sessions, which shall
occur biannually following the cadet's initial training
session until the cadet graduates or leaves the Academy.
``(c) Annual Assessment.--
``(1) In general.--The Secretary, in cooperation with the
Superintendent, shall conduct an assessment at the Academy,
during each Academy program year, to determine the effectiveness
of the policies, procedures, and training program of the Academy
with respect to sexual harassment and sexual assault involving
cadets or other Academy personnel.
``(2) Biennial survey.--For each assessment of the Academy
under paragraph (1) during an Academy program year that begins
in an odd-numbered calendar year, the Secretary shall conduct a
survey of cadets and other Academy personnel--
``(A) to measure--
``(i) the incidence, during that program year,
of sexual harassment and sexual assault events
involving cadets or other Academy personnel, on or
off the Academy campus, that have been reported to
officials of the Academy; and
``(ii) the incidence, during that program
year, of sexual harassment and sexual assault
events involving cadets or other Academy
personnel, on or off the Academy campus, that have
not been reported to officials of the Academy; and
``(B) to assess the perceptions of cadets and other
Academy personnel on--
``(i) the policies, procedures, and training
programs of the Academy on sexual harassment and
sexual assault involving cadets or other Academy
personnel;
[[Page 130 STAT. 2784]]
``(ii) the enforcement of the policies
described in clause (i);
``(iii) the incidence of sexual harassment and
sexual assault involving cadets or other Academy
personnel; and
``(iv) any other issues relating to sexual
harassment and sexual assault involving cadets or
other Academy personnel.
``(3) Focus groups for years when survey not required.--In
any year in which the Secretary is not required to conduct the
survey described in paragraph (2), the Secretary shall conduct
focus groups at the Academy for the purposes of ascertaining
information relating to sexual assault and sexual harassment
issues at the Academy.
``(d) Annual Report.--
``(1) In general.--For each Academy program year, the
Superintendent shall submit to the Secretary a report that
provides information about sexual harassment and sexual assault
involving cadets or other Academy personnel.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the Academy program year covered by the
report--
``(A) the number of sexual assaults, rapes, and
other sexual offenses involving cadets or other Academy
personnel that have been reported to Academy officials;
``(B) the number of the reported cases described in
subparagraph (A) that have been substantiated;
``(C) the policies, procedures, and training
implemented by the Superintendent and the leadership of
the Academy in response to incidents of sexual
harassment and sexual assault involving cadets and other
Academy personnel; and
``(D) a plan for the actions that will be taken in
the following Academy program year regarding prevention
of, and response to, incidents of sexual harassment and
sexual assault involving cadets and other Academy
personnel.
``(3) Survey and focus group results.--
``(A) Survey results.--Each report under paragraph
(1) for an Academy program year that begins in an odd-
numbered calendar year shall include the results of the
survey conducted in that program year under subsection
(c)(2).
``(B) Focus group results.--Each report under
paragraph (1) for an Academy program year in which the
Secretary is not required to conduct the survey
described in subsection (c)(2) shall include the results
of the focus group conducted in that program year under
subsection (c)(3).
``(4) Reporting requirement.--
``(A) By the superintendent.--For each incident of
sexual harassment or sexual assault reported to the
Superintendent, the Superintendent shall provide to the
Secretary and the Board of Visitors of the Academy a
report that includes--
``(i) the facts surrounding the incident,
except for any details that would reveal the
identities of the people involved; and
``(ii) the Academy's response to the incident.
[[Page 130 STAT. 2785]]
``(B) By the secretary.--The Secretary shall submit
a copy of each report received under subparagraph (A)
and the Secretary's comments on the report to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.''.
(b) Clerical Amendment.--The table of sections for chapter 513 of
title 46, United States Code, is amended by adding at the end the
following:
``51318. Policy on sexual harassment and sexual assault.''.
SEC. 3511. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT
VICTIM ADVOCATES.
(a) Coordinators and Advocates.--Chapter 513 of title 46, United
States Code, as amended by this Act, is further amended by adding at the
end the following:
``Sec. 51319. <<NOTE: 46 USC 51319 note.>> Sexual assault
response coordinators and sexual assault
victim advocates
``(a) Sexual Assault Response Coordinators.--The United States
Merchant Marine Academy shall employ or contract with at least 1 full-
time sexual assault response coordinator who shall reside at or near the
Academy. The Secretary of Transportation may assign additional full-time
or part-time sexual assault response coordinators at the Academy as
necessary.
``(b) Volunteer Sexual Assault Victim Advocates.--
``(1) In general.--The Secretary, acting through the
Superintendent of the Academy, shall designate from among
volunteers 1 or more permanent employees of the Academy to serve
as advocates for victims of sexual assaults involving cadets of
the Academy or other Academy personnel.
``(2) Training; other duties.--Each victim advocate
designated under this subsection shall--
``(A) have or receive training in matters relating
to sexual assault and the comprehensive policy developed
under section 51318; and
``(B) serve as a victim advocate voluntarily, in
addition to the individual's other duties as an employee
of the Academy.
``(3) Primary duties.--While performing the duties of a
victim advocate under this subsection, a designated employee
shall--
``(A) support victims of sexual assault by informing
them of the rights and resources available to them as
victims;
``(B) identify additional resources to ensure the
safety of victims of sexual assault; and
``(C) connect victims of sexual assault to
companions, as described in paragraph (4).
``(4) Companions.--
``(A) In general.--At least 1 victim advocate
designated under this subsection, or a sexual assault
response coordinator designated under subsection (a),
while performing the duties of a victim advocate, shall
act as a companion to a victim described in paragraph
(1) in navigating investigative, medical, mental, and
emotional health, and recovery processes relating to
sexual assault.
[[Page 130 STAT. 2786]]
``(B) Alternate victim advocates.--If requested by
the victim, an alternate victim advocate shall be
designated under this subsection to act as a companion
to the victim, as described in subparagraph (A).
``(5) Hotline.--The Secretary shall establish a 24-hour
hotline through which the victim of a sexual assault described
in paragraph (1) can receive victim support services.
``(6) Formal relationships with other entities.--The
Secretary may enter into formal relationships with other
entities to make available additional victim advocates or to
implement paragraphs (3), (4), and (5).''.
(b) Clerical Amendment.--The table of sections for chapter 513 of
title 46, United States Code, as amended by this <<NOTE: 46 USC prec.
51301.>> Act, is further amended by adding at the end the following:
``51319. Sexual assault response coordinators and sexual assault victim
advocates.''.
SEC. 3512. REPORT FROM THE DEPARTMENT OF TRANSPORTATION INSPECTOR
GENERAL.
(a) In General.--Not later than March 31, 2018, the Inspector
General of the Department of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the effectiveness of the sexual
harassment and sexual assault prevention and response program at the
United States Merchant Marine Academy.
(b) Contents.--The report required under subsection (a) shall--
(1) assess progress toward addressing any outstanding
recommendations;
(2) include any recommendations to reduce the number of
sexual assaults involving members of the Academy, whether a
member is the victim, the alleged assailant, or both; and
(3) include any recommendations to improve the response of
the Department and the Academy to reports of sexual assaults
involving members of the Academy, whether a member is the
victim, a member is the alleged assailant, or both.
(c) Expertise.--In compiling the report required under this section,
the Inspector General shall--
(1) include on the inspection teams acting under the
direction of the Inspector General at least 1 member with
expertise and knowledge of sexual assault prevention and
response policies; or
(2) consult with subject matter experts in the prevention of
and response to sexual assaults.
SEC. 3513. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING GROUP.
(a) In General.--Not later than 21 days after the date of the
enactment of this Act, the Maritime Administrator shall convene a
working group to examine methods to improve the prevention of, and
response to, any sexual harassment, sexual assault, or other
inappropriate conduct, as well as methods to improve the shipboard
climate, that occurs during a cadet's Sea Year experience with the
United States Merchant Marine Academy.
(b) Membership.--The working group shall be composed of members
designated by the Maritime Administrator as follows:
[[Page 130 STAT. 2787]]
(1) A representative of the Maritime Administration, who
shall serve as the chair of the working group.
(2) The Superintendent of the Academy (or the
Superintendent's designee).
(3) A sexual assault response coordinator appointed under
section 51319 of title 46, United States Code, as added by this
Act.
(4) A subject matter expert from the Coast Guard.
(5) A subject matter expert from the Military Sealift
Command.
(6) A subject matter expert from the National Oceanic and
Atmospheric Administration.
(7) At least 1 representative from each State maritime
academy.
(8) At least 1 representative from each private contracting
party participating in the maritime security program.
(9) At least 1 representative from each nonprofit labor
organization representing a class or craft of employees employed
on vessels in the Maritime Security Fleet.
(10) At least 2 representatives from approved maritime
training institutions.
(11) At least 1 representative from companies that--
(A) participate in sea training of Academy cadets;
and
(B) do not participate in the maritime security
program.
(12) Such additional individuals as the Maritime
Administrator may designate.
(c) No Quorum Requirement.--The chair may convene the working group
without all members present.
(d) Responsibilities.--The working group shall--
(1) evaluate options that could promote a climate of honor
and respect, and a culture that is intolerant of sexual
harassment, sexual assault, or other inappropriate conduct and
those who commit it, with operators of vessels of the United
States;
(2) raise awareness of sexual harassment, sexual assault, or
other inappropriate conduct with operators of vessels of the
United States;
(3) assess options that could be implemented by the
operators of vessels of the United States that would remove any
barriers to the reporting of sexual harassment, sexual assault,
or other inappropriate conduct that occurs during a cadet's Sea
Year experience and protect the victim's confidentiality;
(4) assess a potential program or policy to improve the
prevention of, and response to, incidents of sexual harassment,
sexual assault, or other inappropriate conduct;
(5) assess a potential program or policy requiring crews to
complete a sexual harassment and sexual assault prevention and
response training program before the cadet's Sea Year that
includes--
(A) fostering a shipboard climate--
(i) that does not tolerate sexual harassment,
sexual assault, or other inappropriate conduct;
(ii) in which persons assigned to vessel crews
are encouraged to intervene to prevent such
potential incidents; and
[[Page 130 STAT. 2788]]
(iii) that encourages victims to report any
incident of sexual harassment, sexual assault, or
other inappropriate conduct; and
(B) promoting an understanding of the needs of, and
the resources available to, a victim after an incident
of sexual harassment, sexual assault, or other
inappropriate conduct;
(6) assess all other feasible changes to Sea Year training
at the Academy, and corresponding changes to curricula, to
improve prevention of and response to incidents of sexual
harassment, sexual assault, and other inappropriate conduct; and
(7) assess how vessel operators could ensure the
confidentiality of a report of sexual harassment, sexual
assault, or other inappropriate conduct in order to protect the
victim and prevent retribution.
(e) Report.--Not later than 9 months after the date of the enactment
of this Act, the working group shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) recommendations on each of the working group's
responsibilities described in subsection (d);
(2) a description of the trade-offs, opportunities, and
challenges associated with the recommendations described in
paragraph (1);
(3) a description of administrative actions taken as result
of the recommendations described in paragraph (1); and
(4) any other information the working group determines
appropriate.
SEC. 3514. <<NOTE: 46 USC 51318 note.>> SEA YEAR COMPLIANCE.
Not later than 90 days after the date of the enactment of this Act,
the Maritime Administrator, in consultation with operators of commercial
vessels of the United States, shall establish--
(1) criteria that vessel operators must meet in order to
participate in the Sea Year program of the United States
Merchant Marine Academy that addresses sexual harassment, sexual
assault, and other inappropriate conduct; and
(2) a process for verifying compliance with the criteria.
SEC. 3515. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND
REPORTING.
Section 51506 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``must'' and inserting ``shall'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) agree that any individual enrolled at such State
maritime academy in a merchant marine officer preparation
program--
``(A) shall, not later than 9 months after such
individual's date of enrollment, pass an examination in
form and substance satisfactory to the Secretary that
demonstrates
[[Page 130 STAT. 2789]]
that such individual meets the medical and physical
requirements--
``(i) required for the issuance of an original
license under section 7101; or
``(ii) set by the Coast Guard for issuing
merchant mariners' documentation under section
7302, with no limit to the individual's
operational authority;
``(B) following passage of the examination under
subparagraph (A), shall continue to meet the
requirements described in subparagraph (A) throughout
the remainder of the individual's enrollment at the
State maritime academy; and
``(C) if the individual has a medical or physical
condition that disqualifies the individual from meeting
the requirements referred to in subparagraph (A), shall
be transferred to a program other than a merchant marine
officer preparation program, or otherwise appropriately
disenrolled from such State maritime academy, until the
individual demonstrates to the Secretary that the
individual meets such requirements.''; and
(2) by adding at the end the following:
``(c) Secretarial Waiver Authority.--The Secretary may modify or
waive any of the terms set forth in subsection (a)(4) with respect to
any individual or State maritime academy.''.
SEC. 3516. APPOINTMENTS.
(a) In General.--Section 51303 of title 46, United States Code, is
amended by striking ``40'' and inserting ``50''.
(b) <<NOTE: 46 USC 51301 note.>> Class Profiles.--
(1) In general.--Not later than August 31 of each year, the
Superintendent of the United States Merchant Marine Academy
shall post on the Academy's public website a profile of each
class at the Academy.
(2) Contents.--Each profile posted under paragraph (1) shall
include, for the incoming class of the Academy and for the 4
classes that preceded that class at the Academy, the number and
percentage of students by--
(A) State;
(B) country;
(C) gender;
(D) race and ethnicity; and
(E) prior military service.
SEC. 3517. MARITIME WORKFORCE WORKING GROUP.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Maritime Administrator, in consultation with
the Coast Guard Merchant Marine Personnel Advisory Committee and the
Committee on the Marine Transportation System, shall convene a working
group to examine and assess the size of the pool of United States
citizen mariners necessary to support the United States flag fleet in
times of national emergency.
(b) Membership.--The Maritime Administrator shall designate
individuals to serve as members of the working group convened under
subsection (a). The working group shall include, at a minimum, at least
1 representative from each of--
(1) the Maritime Administration, who shall serve as
chairperson of the working group;
[[Page 130 STAT. 2790]]
(2) the United States Merchant Marine Academy;
(3) the Coast Guard;
(4) the Military Sealift Command;
(5) the Navy;
(6) the State maritime academies;
(7) a nonprofit labor organization representing a class of
licensed employees who are employed on vessels operating in the
United States flag fleet;
(8) a nonprofit labor organization representing a class of
unlicensed employees who are employed on vessels operating in
the United States flag fleet;
(9) the pool of owners of vessels operating in the United
States flag fleet, or their private contracting parties, that
are primarily operating in coastwise trades; and
(10) the pool of owners of vessels operating in the United
States flag fleet, or their private contracting parties, that
are primarily operating in international transportation.
(c) No Quorum Requirement.--The Maritime Administrator may convene
the working group virtually and without all members present.
(d) Responsibilities.--The working group shall--
(1) identify the number of United States citizen mariners--
(A) in total;
(B) that have a valid Coast Guard merchant mariner
credential with the necessary endorsements for service
on unlimited tonnage vessels that are subject to the
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as
amended;
(C) that are involved in Federal programs that
support the United States merchant marine and the United
States flag fleet;
(D) that are available to crew the United States
flag fleet and the surge sealift fleet in times of a
national emergency;
(E) that are full-time mariners;
(F) that have sailed in the prior 18 months;
(G) that are primarily operating in noncontiguous or
coastwise trades; and
(H) that are merchant mariner credentialed officers
in the United States Navy Reserve;
(2) assess the impact on the United States merchant marine
and United States Merchant Marine Academy if graduates from
State maritime academies and the United States Merchant Marine
Academy were assigned to, or required to fulfill, certain
maritime positions based on the overall needs of the United
States merchant marine;
(3) assess the Coast Guard Merchant Mariner Licensing and
Documentation System and its accessibility and value to the
Maritime Administration for the purposes of evaluating the pool
of United States citizen mariners; and
(4) make recommendations to enhance the availability and
quality of interagency data, including data from the United
States Transportation Command, the Coast Guard, the Navy, and
the Bureau of Transportation Statistics, for use by the Maritime
Administration for evaluating the pool of United States citizen
mariners.
[[Page 130 STAT. 2791]]
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Armed Services of the House of Representatives, and the
Committee on Transportation and Infrastructure of the House of
Representatives that contains the results of the study conducted under
this section, including--
(1) the number of United States citizen mariners identified
for each category described in subparagraphs (A) through (H) of
subsection (d)(1);
(2) the results of the assessments conducted under
paragraphs (2) and (3) of subsection (d); and
(3) the recommendations made under subsection (d)(4).
(f) Inclusion of Merchant Marine-credentialed Officers in the Navy
Reserve.--For the purposes of this section, the term ``United States
citizen mariners'' includes, but is not limited to, officers in the
United States Navy Reserve who are holders of merchant mariner
credentials, as determined by the Secretary of the Navy.
(g) Sunset.--The Maritime Administrator may disband the working
group upon submission of the report under subsection (e).
SEC. 3518. MARITIME EXTREME WEATHER TASK FORCE.
(a) Establishment of Task Force.--Not later than 15 days after the
date of the enactment of this Act, the Secretary of Transportation shall
establish a task force to analyze the impact of extreme weather events,
such as in the maritime environment (referred to in this section as the
``Task Force'').
(b) Membership.--The Task Force shall be composed of--
(1) the Secretary or the Secretary's designee; and
(2) a representative of--
(A) the Coast Guard;
(B) the National Oceanic and Atmospheric
Administration; and
(C) such other Federal agency or independent
commission as the Secretary considers appropriate.
(c) Report.--
(1) In general.--Except as provided in paragraph (4), not
later than 180 days after the date it is established under
subsection (a), the Task Force shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the analysis under subsection (a).
(2) Contents.--The report under paragraph (1) shall
include--
(A) an identification of available weather
prediction, monitoring, and routing technology
resources;
(B) an identification of industry best practices
relating to response to, and prevention of marine
casualties from, extreme weather events;
(C) a description of how the resources described in
subparagraph (A) are used in the various maritime
sectors, including by passenger and cargo vessels;
(D) recommendations for improving maritime response
operations to extreme weather events and preventing
[[Page 130 STAT. 2792]]
marine casualties from extreme weather events, such as
promoting the use of risk communications and the
technologies identified under subparagraph (A); and
(E) recommendations for any legislative or
regulatory actions for improving maritime response
operations to extreme weather events and preventing
marine casualties from extreme weather events.
(3) Publication.--The Secretary shall make the report under
paragraph (1) and any notification under paragraph (4) publicly
accessible in an electronic format.
(4) Imminent threats.--The Task Force shall immediately
notify the Secretary of any finding or recommendations that
could protect the safety of an individual on a vessel from an
imminent threat of extreme weather.
SEC. 3519. <<NOTE: 49 USC 109 note.>> WORKFORCE PLANS AND
ONBOARDING POLICIES.
(a) Workforce Plans.--Not later than 9 months after the date of the
enactment of this Act, the Maritime Administrator shall review the
Maritime Administration's workforce plans, including its Strategic Human
Capital Plan and Leadership Succession Plan, and fully implement
competency models for mission-critical occupations, including--
(1) leadership positions;
(2) human resources positions; and
(3) transportation specialist positions.
(b) Onboarding Policies.--Not later than 9 months after the date of
the enactment of this Act, the Maritime Administrator shall--
(1) review the Maritime Administration's policies related to
new hire orientation, training, and misconduct;
(2) align the onboarding policies and procedures at
headquarters and the field offices to ensure consistent
implementation and provision of critical information across the
Maritime Administration; and
(3) update the Maritime Administration's training policies
and training systems to include controls that ensure that all
completed training is tracked in a standardized training
repository.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Maritime Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives that describes the
Maritime Administration's compliance with the requirements under this
section.
SEC. 3520. <<NOTE: 49 USC 109 note.>> DRUG AND ALCOHOL POLICY.
(a) Review.--Not later than 9 months after the date of the enactment
of this Act, the Maritime Administrator shall--
(1) review the Maritime Administration's drug and alcohol
policies, procedures, and training practices;
(2) ensure that all fleet managers have received training on
the Department of Transportation's drug and alcohol policy,
including the testing procedures used by the Department and the
Maritime Administration in cases of reasonable suspicion; and
[[Page 130 STAT. 2793]]
(3) institute a system for tracking all drug and alcohol
policy training conducted under paragraph (2) in a standardized
training repository.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Maritime Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives that describes the
Maritime Administration's compliance with the requirements under this
section.
SEC. 3521. VESSEL TRANSFERS.
Not later than 9 months after the date of the enactment of this Act,
the Maritime Administrator shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Armed Services and the Committee on Transportation and Infrastructure of
the House of Representatives that describes the Maritime Administration
policies and procedures for vessel transfer, including--
(1) a summary of the actions taken to update the Vessel
Transfer Office procedures manual to reflect the current range
of program responsibilities and processes; and
(2) a copy of the updated Vessel Transfer Office procedures
to process vessel transfer applications.
SEC. 3522. CLARIFYING AMENDMENT; CONTINUATION BOARDS.
Section 290(a) of title 14, United States Code, is amended by
striking ``five officers serving in the grade of vice admiral'' and
inserting ``5 officers (other than the Commandant) serving in the grade
of admiral or vice admiral''.
SEC. 3523. POLAR ICEBREAKER RECAPITALIZATION PLAN.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Secretary, in consultation with the Secretary
of the Navy, shall submit to the appropriate committees of Congress a
detailed recapitalization plan to address the 2013 Department of
Homeland Security Mission Need Statement with respect to icebreaking.
(b) Contents.--The plan required under subsection (a) shall--
(1) detail the number of heavy and medium polar icebreakers
required to meet Coast Guard statutory missions in the polar
regions;
(2) identify the vessel specifications, capabilities,
systems, equipment, and other details required for the design of
heavy polar icebreakers capable of fulfilling the mission
requirements of the Coast Guard and the Navy, and the
requirements of other agencies and departments of the United
States, as the Secretary determines appropriate;
(3) list the specific appropriations required for the
acquisition of each icebreaker, for each fiscal year, until the
full fleet is recapitalized;
(4) describe the potential savings of serial acquisition for
new polar class icebreakers, including specific schedule and
acquisition requirements needed to realize such savings;
(5) describe any polar icebreaking capacity gaps that may
arise based on the current fleet and current procurement
outlook; and
[[Page 130 STAT. 2794]]
(6) describe any additional polar icebreaking capability
gaps that may arise due to any further delay in procurement
schedules.
(c) Definitions.--In this section, the following definitions apply:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(2) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating.
SEC. 3524. GAO REPORT ON ICEBREAKING CAPABILITY IN UNITED STATES.
(a) Requirement.--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 appropriate committees of Congress a report on the
current state of the United States Federal icebreaking fleet.
(b) Contents.--The report required under subsection (a) shall
include--
(1) an analysis of the icebreaking assets in operation in
the United States and a description of the missions completed by
such assets;
(2) an analysis of how such assets and the capabilities of
such assets are consistent, or inconsistent, with the
icebreaking mission requirements described in the 2013
Department of Homeland Security Mission Need Statement, the
Naval Operations Concept 2010, and other military and civilian
governmental missions in the United States;
(3) an analysis of the gaps in icebreaking capability of the
United States based on the expected service life of the fleet of
United States icebreaking assets;
(4) a list of countries that are allies of the United States
that have the icebreaking capacity to exercise missions during
any identified gap in United States icebreaking capacity; and
(5) a description of the policy, financial, and other
barriers that have prevented timely recapitalization of the
Coast Guard icebreaking fleet and recommendations to overcome
such barriers, including potential international fee-based
models used to compensate governments for icebreaking escorts or
maintenance of maritime routes.
(c) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
Subtitle B--Pribilof Islands Transition Completion
SEC. 3531. <<NOTE: Pribilof Islands Transition Completion
Amendments Act of 2016. 16 USC 1151
note.>> SHORT TITLE.
This subtitle may be cited as the ``Pribilof Islands Transition
Completion Amendments Act of 2016''.
[[Page 130 STAT. 2795]]
SEC. 3532. CONVEYANCE OF PROPERTY.
(a) Conveyance.--Subsection (a) of section 522 of the Pribilof
Island Transition Completion Act of 2016 (Public Law 114-120, as amended
by this Act) is amended to read as follows:
``(a) Conveyance.--In partial settlement of land claims under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and not
later than 30 days after the date of enactment of the Pribilof Islands
Transition Completion Amendments Act of 2016, the Secretary of Commerce
shall, notwithstanding section 105(a) of the Pribilof Islands Transition
Act (16 U.S.C. 1161 note; Public Law 106-562), convey to the Alaska
Native Village Corporation for St. Paul Island all right, title, and
interest of the United States in and to the following property,
including improvements on such property:
``(1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey
4943, Alaska, the plat of which was Officially Filed on January
20, 2004, aggregating 13,006 square feet (0.30 acres).
``(2) T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract
39, the plat of which was Officially Filed on May 14, 1986,
containing 0.90 acres.''.
(b) Conforming Amendments; Easement.--Section 522 of such Act, as
amended by subsection (a), is further amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by adding at the end the following:
``(c) Easement.--As part of the conveyance under subsection (a), the
Secretary of Commerce, in cooperation with the Alaska Native Village
Corporation for St. Paul Island, shall provide an easement to the
Secretary of Transportation to maintain a non-directional beacon on the
property described in subsection (a)(2).''.
SEC. 3533. TRANSFER, USE, AND DISPOSAL OF TRACT 43.
(a) In General.--Section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120, as amended by this Act) is
amended to read as follows:
``SEC. 524. TRANSFER, USE, AND DISPOSAL OF TRACT 43.
``(a) Transfer.--Not later than 30 days after the date of the
enactment of the Pribilof Islands Transition Completion Amendments Act
of 2016, the Secretary of Commerce shall--
``(1) terminate the license; and
``(2) transfer tract 43 to the Secretary of the department
in which the Coast Guard is operating.
``(b) Determination, Transfer, and Conveyance.--
``(1) In general.--Not later than the end of the 90-day
period beginning on the date of the transfer required under
subsection (a)(2), the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a determination of--
``(A) lands and improvements in tract 43 that are
not necessary to carry out Coast Guard communications
and search and rescue activities; and
``(B) the smallest practicable tract enclosing lands
and improvements in tract 43 that are necessary to carry
out such communications and activities.
``(2) Surveys, maps, descriptions, and plan.--
[[Page 130 STAT. 2796]]
``(A) Lands and improvements not necessary to coast
guard activities.--The determination under paragraph
(1)(A) shall include a metes-and-bounds survey, map, and
legal description of the lands and improvements to which
the determination applies. Such survey, map, and legal
description shall have the same force and effect as if
included in this section, except that the Secretary may
correct clerical and typographical errors in the survey,
map, and legal description.
``(B) Lands and improvements necessary to coast
guard activities.--The determination under paragraph
(1)(B) shall include with respect to the lands and
improvements to which the determination applies--
``(i) a metes-and-bounds survey, map, and
legal description of such lands and improvements,
which shall have the same force and effect as if
included in this section, except that the
Secretary may correct clerical and typographical
errors in the survey, map, and legal description;
``(ii) a description of Coast Guard actual use
and occupancy of such lands and improvements
intended to occur within 3 years after the date of
the enactment of the Pribilof Islands Transition
Completion Amendments Act of 2016; and
``(iii) a plan to maintain existing facilities
in useable condition, or demolish or replace those
facilities, including a cost estimate for carrying
out such plan.
``(3) Conveyance.--In partial settlement of land claims
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), and not later than 60 days after the submission of the
determination under paragraph (1)(A), the Secretary shall convey
to the Alaska Native Village Corporation for St. Paul Island all
right, title, and interest of the United States in and to the
land and improvements depicted on the metes-and-bounds survey,
map, and legal description of the lands and improvements to
which the determination under paragraph (1)(A) applies.
``(4) Failure to provide determination.--If a determination
under paragraph (1) is not provided within the period specified
in that paragraph, in partial settlement of land claims under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
the Secretary shall, by not later than 30 days after the end of
that period, convey all right, title, and interest of the United
States in and to tract 43 to the Alaska Native Village
Corporation for St. Paul Island.
``(5) Failure to implement use and occupancy.--If the use
and occupancy described in paragraph (2)(B)(ii) have not been
fully implemented within 5 years after the date of enactment of
the Pribilof Islands Transition Completion Amendments Act of
2016, in partial settlement of land claims under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the
Secretary shall convey to the Alaska Native Village Corporation
for St. Paul Island all right, title, and interest of the United
States in and to such portions of the lands and improvements to
which the determination under paragraph (1)(B) applies and for
which such implementation has not occurred.
[[Page 130 STAT. 2797]]
``(c) Further Determination and Conveyance.--
``(1) In general.--Not later than 5 years after the date of
the enactment of the Pribilof Islands Transition Completion
Amendments Act of 2016, and not less than once every 5 years
thereafter, the Secretary shall--
``(A) review the determination made under subsection
(b)(1)(B); and
``(B) determine if the lands and improvements to
which the determination applies are in excess of the
smallest practicable tract enclosing the lands and
improvements needed to carry out Coast Guard missions.
``(2) Report of determination.--When a determination is made
under paragraph (1), the Secretary shall report the
determination to--
``(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(C) the Alaska Native Village Corporation for St.
Paul Island.
``(3) Election to receive.--Not later than 60 days after the
date it receives a determination under paragraph (1), the Alaska
Native Village Corporation for St. Paul Island shall notify the
Secretary in writing whether the Alaska Native Village
Corporation elects to receive all right, title, and interest of
the United States in and to any lands and improvements or a
portion of any lands and improvements determined to be in excess
of those needed to carry out Coast Guard missions in partial
settlement of land claims under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
``(4) Conveyance.--If such Alaska Native Village Corporation
provides notice under paragraph (3) that the Alaska Native
Village Corporation elects to receive all right, title, and
interest of the United States in and to any lands and
improvements or a portion of any lands and improvements, in
partial settlement of land claims under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall
convey all right, title, and interest of the United States in
and to the lands and improvements or portion thereof to such
Alaska Native Village Corporation.
``(5) Other disposal.--If such Alaska Native Village
Corporation does not provide notice under paragraph (3) that the
Alaska Native Village Corporation elects to receive all right,
title, and interest of the United States in and to any lands and
improvements or a portion of any lands and improvements, the
Secretary may dispose of the lands and improvements in
accordance with other applicable law.
``(d) CERCLA Not Affected.--No transfer or conveyance of property
under this section shall be construed to affect or limit the application
of section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
``(e) Reports.--
``(1) Remediation of contaminated soil.--Not later than 2
years after the date of the enactment of the Pribilof Islands
Transition Completion Amendments Act of 2016 and not less than
once every 2 years thereafter, the Secretary shall submit
[[Page 130 STAT. 2798]]
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on--
``(A) efforts taken to remediate contaminated soils
on tract 43 and tract 39; and
``(B) a schedule for the completion of remediation
of contaminated soils on tract 43 and tract 39.
``(2) Number of coast guard personnel who carried out coast
guard missions.--On the 15th day of each month, the Commandant
of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a notice detailing the number of
Coast Guard personnel who carried out Coast Guard missions on
tract 43 during the previous month and what Coast Guard missions
were carried out by such personnel.
``(f) Redundant Capability.--
``(1) Rule of construction.--Except as provided in paragraph
(2), section 681 of title 14, United States Code, shall not be
construed to prohibit any conveyance of lands or improvements
under this subtitle or any actions that involve the dismantling
or disposal of infrastructure that supported the former LORAN
system that are associated with the conveyance of lands or
improvements under this subtitle.
``(2) Redundant capability.--If, within the 5-year period
beginning on the date of the enactment of the Pribilof Islands
Transition Completion Amendments Act of 2016, the Secretary
determines that communication equipment, including towers,
antennae, and transmitters, on property conveyed in accordance
with this subtitle is subsequently required to provide a
positioning, navigation, and timing system to provide redundant
capability in the event GPS signals are disrupted, the Secretary
may--
``(A) operate, maintain, keep, locate, inspect,
repair, and replace such equipment; and
``(B) in carrying out the activities described in
subparagraph (A), enter, at any time, a facility without
notice, to the extent that it is not possible to provide
advance notice, for as long as such equipment is needed
to provide such capability.
``(g) Federal Use.--In addition to entry under subsection (f)(2)(B),
the Secretary may enter property conveyed in accordance with this
subtitle for purposes of environmental compliance and remediation after
providing advance notice to the property owner to the extent that it is
possible to provide such notice.
``(h) High Frequency Communications.--
``(1) Restriction.--Except as provided in paragraph (2), on
property contained within the boundaries of tract 43 as in
effect on the date of enactment of the Pribilof Islands
Transition Completion Amendments Act of 2016, no person may
operate or maintain--
``(A) radio frequency transmitting equipment that
produces a signal that exceeds 5 microvolts per meter
field intensity, other than such equipment that was in
use on the site before the date of the enactment of such
Act; or
[[Page 130 STAT. 2799]]
``(B) electric welding equipment, electric
generating equipment, a diathermy machine, electric
motors of any kind having greater than 5 horsepower, or
any other machinery, engine, or equipment that causes
any electromagnetic interference.
``(2) Exception.--A person may engage in operations or
maintenance otherwise prohibited by paragraph (1) with the
concurrence of the Secretary.
``(i) Definitions.--For purposes of this section:
``(1) License.--The term `license' means the agreement dated
January 9, 2006, entitled `License Agreement Between The
Department of Homeland Security, United States Coast Guard, and
The Department of Commerce, National Oceanic and Atmospheric
Administration'.
``(2) Tract 39.--The term `tract 39' means T. 35 S., R. 131
W., Seward Meridian, Alaska, Tract 39, the plat of which was
Officially Filed on May 14, 1986, containing 0.90 acres.
``(3) Tract 43.--The term `tract 43' means T. 35 S., R. 131
W., Seward Meridian, Alaska, Tract 43, the plat of which was
Officially Filed on May 14, 1986, containing 84.88 acres, and
any improvements on such tract.
``(4) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.''.
(b) Chargeability for Lands Conveyed.--The Secretary of the Interior
shall charge against the remaining entitlement of the Alaska Native
Village Corporation for St. Paul Island under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) any conveyance of land to such
corporation under this subtitle, including the amendments made by this
subtitle.
(c) Clerical Amendment.--The table of contents in section 2 of the
Coast Guard Authorization Act of 2016 (Public Law 114-120, as amended by
this Act) is amended by striking the item relating to section 524 and
inserting the following:
``Sec. 524. Transfer, use, and disposal of tract 43.''.
(d) Conforming Amendments.--Section 105 of the Pribilof Islands
Transition Act (16 U.S.C. 1161 note; Public Law 106-562) is amended--
(1) in subsection (e)(1), by striking ``or section 522 of
the Pribilof Island Transition Completion Act of 2015'' and
inserting ``or section 522 of the Pribilof Island Transition
Completion Act of 2016, or transferred to the Secretary of the
department in which the Coast Guard is operating under section
524 of such Act,''; and
(2) in subsection (f)(1), by striking ``and not
transferred'' and inserting ``and not transferred to the
Secretary of the department in which the Coast Guard is
operating under section 524 of the Pribilof Island Transition
Completion Act of 2016 or''.
(e) Savings Clause.--The Memorandum of Understanding among the
Tanadgusix Corporation, St. Paul Island, Alaska, the Tanaq Corporation,
St. George Island, Alaska, and the National Marine Fisheries Service of
the National Oceanic and Atmospheric Administration of the Department of
Commerce, dated December 22, 1976, regarding Pribilof Islands Land
Selections and the establishment and operation of a Joint Management
Board, shall remain in effect with respect to land selections and
conveyances
[[Page 130 STAT. 2800]]
until all obligations for conveyances under that agreement have been
met, and the obligation to maintain a Joint Management Board remains in
effect.
Subtitle C--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration
SEC. 3541. <<NOTE: 33 USC 894 note.>> ACTIONS TO ADDRESS SEXUAL
HARASSMENT AT NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Required Policy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce shall, acting through
the Under Secretary for Oceans and Atmosphere, develop a policy on the
prevention of and response to sexual harassment involving employees of
the National Oceanic and Atmospheric Administration, members of the
commissioned officer corps of the Administration, and individuals who
work with or conduct business on behalf of the Administration.
(b) Matters to Be Specified in Policy.--The policy developed under
subsection (a) shall include--
(1) establishment of a program to promote awareness of the
incidence of sexual harassment;
(2) clear procedures an individual should follow in the case
of an occurrence of sexual harassment, including--
(A) a specification of the person or persons to whom
an alleged occurrence of sexual harassment should be
reported by an individual and options for confidential
reporting, including--
(i) options and contact information for after-
hours contact; and
(ii) a procedure for obtaining assistance and
reporting sexual harassment while working in a
remote scientific field camp, at sea, or in
another field status; and
(B) a specification of any other person whom the
victim should contact;
(3) establishment of a mechanism by which--
(A) questions regarding sexual harassment can be
confidentially asked and confidentially answered; and
(B) incidents of sexual harassment can be
confidentially reported; and
(4) a prohibition on retaliation and consequences for
retaliatory actions.
(c) Consultation and Assistance.--In developing the policy required
by subsection (a), the Secretary may consult or receive assistance from
such State, local, and national organizations and subject matter experts
as the Secretary considers appropriate.
(d) Availability of Policy.--The Secretary shall ensure that the
policy developed under subsection (a) is available to--
(1) all employees of the Administration and members of the
commissioned officer corps of the Administration, including
those employees and members who conduct field work for the
Administration; and
(2) the public.
[[Page 130 STAT. 2801]]
(e) Geographic Distribution of Equal Employment Opportunity
Personnel.--The Secretary shall designate out of existing staff at least
1 employee of the Administration who is tasked with handling matters
relating to equal employment opportunity or sexual harassment at each
marine and aviation center of the Administration.
(f) Quarterly Reports.--
(1) In general.--Not less frequently than 4 times each year,
the Director of the Civil Rights Office of the Administration
shall submit to the Under Secretary a report on sexual
harassment in the Administration.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) The number of sexual harassment cases, both
actionable and non-actionable, involving individuals
covered by the policy developed under subsection (a).
(B) The number of open actionable sexual harassment
cases and how long the cases have been open.
(C) Such trends or region-specific issues as the
Director may have discovered with respect to sexual
harassment in the Administration.
(D) Such recommendations as the Director may have
with respect to sexual harassment in the Administration.
SEC. 3542. <<NOTE: 33 USC 894 note.>> ACTIONS TO ADDRESS SEXUAL
ASSAULT AT NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Comprehensive Policy on Prevention of and Response to Sexual
Assaults.--Not later than 1 year after the date of the enactment of this
Act, the Secretary of Commerce shall, acting through the Under Secretary
for Oceans and Atmosphere, develop a comprehensive policy on the
prevention of and response to sexual assaults involving employees of the
National Oceanic and Atmospheric Administration, members of the
commissioned officer corps of the Administration, and individuals who
work with or conduct business on behalf of the Administration.
(b) Elements of Comprehensive Policy.--The comprehensive policy
developed under subsection (a) shall, at minimum, address the following
matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) A list of support resources an individual may use in the
occurrence of sexual assault, including--
(A) options and contact information for after-hours
contact; and
(B) a procedure for obtaining assistance and
reporting sexual assault while working in a remote
scientific field camp, at sea, or in another field
status.
(4) Easy and ready availability of information described in
paragraph (3).
(5) Establishing a mechanism by which--
(A) questions regarding sexual assault can be
confidentially asked and confidentially answered; and
(B) incidents of sexual assault can be
confidentially reported.
(6) Protocols for the investigation of complaints by command
and law enforcement personnel.
[[Page 130 STAT. 2802]]
(7) Prohibiting retaliation and consequences for retaliatory
actions against someone who reports a sexual assault.
(8) Oversight by the Under Secretary of administrative and
disciplinary actions in response to substantiated incidents of
sexual assault.
(9) Victim advocacy, including establishment of and the
responsibilities and training requirements for victim advocates
as described in subsection (c).
(10) Availability of resources for victims of sexual assault
within other Federal agencies and State, local, and national
organizations.
(c) Victim Advocacy.--
(1) In general.--The Secretary, acting through the Under
Secretary, shall establish victim advocates to advocate for
victims of sexual assaults involving employees of the
Administration, members of the commissioned officer corps of the
Administration, and individuals who work with or conduct
business on behalf of the Administration.
(2) Victim advocates.--For purposes of this subsection, a
victim advocate is an existing permanent employee of the
Administration who--
(A) is trained in matters relating to sexual assault
and the comprehensive policy developed under subsection
(a); and
(B) serves as a victim advocate voluntarily and in
addition to the employee's other duties as an employee
of the Administration.
(3) Primary duties.--The primary duties of a victim advocate
established under paragraph (1) shall include the following:
(A) Supporting victims of sexual assault and
informing them of their rights and the resources
available to them as victims.
(B) Acting as a companion in navigating
investigative, medical, mental and emotional health, and
recovery processes relating to sexual assault.
(C) Helping to identify resources to ensure the
safety of victims of sexual assault.
(4) Location.--The Secretary shall ensure that at least 1
victim advocate established under paragraph (1) is stationed--
(A) in each region in which the Administration
conducts operations; and
(B) in each marine and aviation center of the
Administration.
(5) Hotline.--
(A) In general.--In carrying out this subsection,
the Secretary shall provide a telephone number at which
a victim of a sexual assault can contact a victim
advocate.
(B) 24-hour access.--The Secretary shall ensure that
the telephone number established under subparagraph (A)
is monitored at all times.
(C) Partnership.--The Secretary shall, where
possible, use established hotlines for purposes of this
paragraph.
(6) Formal relationships with other entities.--The Secretary
may enter into formal relationships with other entities to make
available additional victim advocates.
[[Page 130 STAT. 2803]]
(d) Availability of Policy.--The Secretary shall ensure that the
policy developed under subsection (a) is available to--
(1) all employees of the Administration and members of the
commissioned officer corps of the Administration, including
those employees and members who conduct field work for the
Administration; and
(2) the public.
(e) Consultation and Assistance.--In developing the policy required
by subsection (a), the Secretary may consult or receive assistance from
such State, local, and national organizations and subject matter experts
as the Secretary considers appropriate.
SEC. 3543. <<NOTE: 33 USC 894b note.>> RIGHTS OF THE VICTIM OF A
SEXUAL ASSAULT.
A victim of a sexual assault covered by the comprehensive policy
developed under section 3542(a) has the right to be reasonably protected
from the accused.
SEC. 3544. <<NOTE: 33 USC 894c note.>> CHANGE OF STATION.
(a) Change of Station, Unit Transfer, or Change of Work Location of
Victims.--
(1) Timely consideration and action upon request.--The
Secretary of Commerce, acting through the Under Secretary for
Oceans and Atmosphere, shall--
(A) in the case of a member of the commissioned
officer corps of the National Oceanic and Atmospheric
Administration who was a victim of a sexual assault, in
order to reduce the possibility of retaliation or
further sexual assault, provide for timely determination
and action on an application submitted by the victim for
consideration of a change of station or unit transfer of
the victim; and
(B) in the case of an employee of the Administration
who was a victim of a sexual assault, to the degree
practicable and in order to reduce the possibility of
retaliation against the employee for reporting the
sexual assault, accommodate a request for a change of
work location of the victim.
(2) Procedures.--
(A) Period for approval and disapproval.--The
Secretary, acting through the Under Secretary, shall
ensure that an application or request submitted under
paragraph (1) for a change of station, unit transfer, or
change of work location is approved or denied within 72
hours of the submission of the application or request.
(B) Review.--If an application or request submitted
under paragraph (1) by a victim of a sexual assault for
a change of station, unit transfer, or change of work
location of the victim is denied--
(i) the victim may request the Secretary to
review the denial; and
(ii) the Secretary, acting through the Under
Secretary, shall, not later than 72 hours after
receiving such request, affirm or overturn the
denial.
(b) Change of Station, Unit Transfer, and Change of Work Location of
Alleged Perpetrators.--
(1) In general.--The Secretary, acting through the Under
Secretary, shall develop a policy for the protection of victims
of sexual assault described in subsection (a)(1) by providing
the alleged perpetrator of the sexual assault with a change
[[Page 130 STAT. 2804]]
of station, unit transfer, or change of work location, as the
case may be, if the alleged perpetrator is a member of the
commissioned officer corps of the Administration or an employee
of the Administration.
(2) Policy requirements.--The policy required by paragraph
(1) shall include the following:
(A) A means to control access to the victim.
(B) Due process for the victim and the alleged
perpetrator.
(c) Regulations.--
(1) In general.--The Secretary shall promulgate regulations
to carry out this section.
(2) Consistency.--When practicable, the Secretary shall make
regulations promulgated under this section consistent with
similar regulations promulgated by the Secretary of Defense.
SEC. 3545. <<NOTE: 33 USC 894 note.>> APPLICABILITY OF POLICIES
TO CREWS OF VESSELS SECURED BY NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION
UNDER CONTRACT.
The Under Secretary for Oceans and Atmosphere shall ensure that each
contract into which the Under Secretary enters for the use of a vessel
by the National Oceanic and Atmospheric Administration that covers the
crew of the vessel, if any, shall include as a condition of the contract
a provision that subjects such crew to the policy developed under
section 3541(a) and the comprehensive policy developed under section
3542(a).
SEC. 3546. <<NOTE: 33 USC 894 note.>> ANNUAL REPORT ON SEXUAL
ASSAULTS IN THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) In General.--Not later than January 15 of each year, the
Secretary of Commerce shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the sexual
assaults involving employees of the National Oceanic and Atmospheric
Administration, members of the commissioned officer corps of the
Administration, and individuals who work with or conduct business on
behalf of the Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include, with respect to the previous calendar year, the following:
(1) The number of alleged sexual assaults involving
employees, members, and individuals described in subsection (a).
(2) A synopsis of each case and the disciplinary action
taken, if any, in each case.
(3) The policies, procedures, and processes implemented by
the Secretary, and any updates or revisions to such policies,
procedures, and processes.
(4) A summary of the reports received by the Under Secretary
for Oceans and Atmosphere under section 3541(f).
(c) Privacy Protection.--In preparing and submitting a report under
subsection (a), the Secretary shall ensure that no individual involved
in an alleged sexual assault can be identified by the contents of the
report.
[[Page 130 STAT. 2805]]
SEC. 3547. SEXUAL ASSAULT DEFINED.
In this subtitle, the term ``sexual assault'' shall have the meaning
given such term in section 40002(a) of the Violence Against Women Act of
1994 (42 U.S.C. 13925(a)).
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.
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division specifies
a dollar amount authorized for a project, program, or activity, the
obligation and expenditure of the specified dollar amount for the
project, program, or activity is hereby authorized, subject to the
availability of appropriations.
(b) Merit-Based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374 of
title 10, United States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this
[[Page 130 STAT. 2806]]
division may be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this Act or by
other law. The transfer or reprogramming of an amount specified in such
funding tables shall not count against a ceiling on such transfers or
reprogrammings under section 1001 or section 1522 of this Act or any
other provision of law, unless such transfer or reprogramming would move
funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 57,529 57,529
003 MQ-1 UAV............. 55,388 55,388
ROTARY
006 AH-64 APACHE BLOCK 803,084 803,084
IIIA REMAN.
007 ADVANCE 185,160 185,160
PROCUREMENT (CY).
008 UH-60 BLACKHAWK M 755,146 755,146
MODEL (MYP).
009 ADVANCE 174,107 174,107
PROCUREMENT (CY).
010 UH-60 BLACK HAWK A 46,173 46,173
AND L MODELS.
011 CH-47 HELICOPTER..... 556,257 556,257
012 ADVANCE 8,707 8,707
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
013 MQ-1 PAYLOAD (MIP)... 43,735 43,735
015 MULTI SENSOR ABN 94,527 94,527
RECON (MIP).
016 AH-64 MODS........... 137,883 137,883
017 CH-47 CARGO 102,943 102,943
HELICOPTER MODS
(MYP).
018 GRCS SEMA MODS (MIP). 4,055 4,055
019 ARL SEMA MODS (MIP).. 6,793 6,793
020 EMARSS SEMA MODS 13,197 13,197
(MIP).
021 UTILITY/CARGO 17,526 17,526
AIRPLANE MODS.
022 UTILITY HELICOPTER 10,807 10,807
MODS.
023 NETWORK AND MISSION 74,752 74,752
PLAN.
024 COMMS, NAV 69,960 69,960
SURVEILLANCE.
025 GATM ROLLUP.......... 45,302 45,302
026 RQ-7 UAV MODS........ 71,169 71,169
027 UAS MODS............. 21,804 21,804
GROUND SUPPORT
AVIONICS
028 AIRCRAFT 67,377 67,377
SURVIVABILITY
EQUIPMENT.
029 SURVIVABILITY CM..... 9,565 9,565
030 CMWS................. 41,626 41,626
OTHER SUPPORT
032 AVIONICS SUPPORT 7,007 7,007
EQUIPMENT.
033 COMMON GROUND 48,234 48,234
EQUIPMENT.
034 AIRCREW INTEGRATED 30,297 30,297
SYSTEMS.
035 AIR TRAFFIC CONTROL.. 50,405 50,405
036 INDUSTRIAL FACILITIES 1,217 1,217
037 LAUNCHER, 2.75 ROCKET 3,055 3,055
TOTAL AIRCRAFT 3,614,787 3,614,787
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 126,470 126,470
MISSILE DEFENSE
(AMD).
[[Page 130 STAT. 2807]]
002 MSE MISSILE.......... 423,201 423,201
003 ADVANCE 19,319 19,319
PROCUREMENT (CY).
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 42,013 42,013
005 JOINT AIR-TO-GROUND 64,751 64,751
MSLS (JAGM).
006 ADVANCE 37,100 37,100
PROCUREMENT (CY).
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 73,508 72,904
SYSTEM SUMMARY.
Engineering [-604]
services cost
growth.
008 TOW 2 SYSTEM SUMMARY. 64,922 64,922
009 ADVANCE 19,949 10,716
PROCUREMENT (CY).
Advance [-9,233]
procurement cost
growth.
010 GUIDED MLRS ROCKET 172,088 172,088
(GMLRS).
011 MLRS REDUCED RANGE 18,004 18,004
PRACTICE ROCKETS
(RRPR).
MODIFICATIONS
013 PATRIOT MODS......... 197,107 197,107
014 ATACMS MODS.......... 150,043 150,043
015 GMLRS MOD............ 395 395
017 AVENGER MODS......... 33,606 33,606
018 ITAS/TOW MODS........ 383 383
019 MLRS MODS............ 34,704 34,704
020 HIMARS MODIFICATIONS. 1,847 1,847
SPARES AND REPAIR
PARTS
021 SPARES AND REPAIR 34,487 34,487
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
022 AIR DEFENSE TARGETS.. 4,915 4,915
024 PRODUCTION BASE 1,154 1,154
SUPPORT.
TOTAL MISSILE 1,519,966 1,510,129
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 STRYKER VEHICLE...... 71,680 71,680
MODIFICATION OF
TRACKED COMBAT
VEHICLES
002 STRYKER (MOD)........ 74,348 74,348
003 STRYKER UPGRADE...... 444,561 433,561
Early to need.... [-11,000]
005 BRADLEY PROGRAM (MOD) 276,433 273,333
Excess program [-3,100]
management growth.
006 HOWITZER, MED SP FT 63,138 63,138
155MM M109A6 (MOD).
007 PALADIN INTEGRATED 469,305 469,305
MANAGEMENT (PIM).
008 IMPROVED RECOVERY 91,963 91,963
VEHICLE (M88A2
HERCULES).
009 ASSAULT BRIDGE (MOD). 3,465 3,465
010 ASSAULT BREACHER 2,928 2,928
VEHICLE.
011 M88 FOV MODS......... 8,685 8,685
012 JOINT ASSAULT BRIDGE. 64,752 64,752
013 M1 ABRAMS TANK (MOD). 480,166 480,166
014 ABRAMS UPGRADE 100,000
PROGRAM.
Realign APS Unit [100,000]
Set Requirements
from OCO.
WEAPONS & OTHER
COMBAT VEHICLES
016 INTEGRATED AIR BURST 9,764 9,764
WEAPON SYSTEM FAMILY.
017 MORTAR SYSTEMS....... 8,332 8,332
018 XM320 GRENADE 3,062 3,062
LAUNCHER MODULE
(GLM).
019 COMPACT SEMI- 992 992
AUTOMATIC SNIPER
SYSTEM.
020 CARBINE.............. 40,493 40,493
021 COMMON REMOTELY 25,164 25,164
OPERATED WEAPONS
STATION.
MOD OF WEAPONS AND
OTHER COMBAT VEH
022 MK-19 GRENADE MACHINE 4,959 4,959
GUN MODS.
023 M777 MODS............ 11,913 11,913
024 M4 CARBINE MODS...... 29,752 29,752
025 M2 50 CAL MACHINE GUN 48,582 48,582
MODS.
026 M249 SAW MACHINE GUN 1,179 1,179
MODS.
027 M240 MEDIUM MACHINE 1,784 1,784
GUN MODS.
028 SNIPER RIFLES 971 971
MODIFICATIONS.
029 M119 MODIFICATIONS... 6,045 6,045
030 MORTAR MODIFICATION.. 12,118 12,118
031 MODIFICATIONS LESS 3,157 3,157
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
[[Page 130 STAT. 2808]]
032 ITEMS LESS THAN $5.0M 2,331 2,331
(WOCV-WTCV).
035 SMALL ARMS EQUIPMENT 3,155 3,155
(SOLDIER ENH PROG).
TOTAL 2,265,177 2,351,077
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 40,296 40,296
TYPES.
002 CTG, 7.62MM, ALL 39,237 39,237
TYPES.
003 CTG, HANDGUN, ALL 5,193 5,193
TYPES.
004 CTG, .50 CAL, ALL 46,693 46,693
TYPES.
005 CTG, 20MM, ALL TYPES. 7,000 7,000
006 CTG, 25MM, ALL TYPES. 7,753 6,453
Program reduction [-1,300]
007 CTG, 30MM, ALL TYPES. 47,000 47,000
008 CTG, 40MM, ALL TYPES. 118,178 111,824
Early to need.... [-6,354]
MORTAR AMMUNITION
009 60MM MORTAR, ALL 69,784 69,784
TYPES.
010 81MM MORTAR, ALL 36,125 36,125
TYPES.
011 120MM MORTAR, ALL 69,133 69,133
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 120,668 117,868
105MM AND 120MM, ALL
TYPES.
Early to need.... [-2,800]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 64,800 61,300
75MM & 105MM, ALL
TYPES.
75mm blanks early [-3,500]
to need.
014 ARTILLERY PROJECTILE, 109,515 109,515
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 39,200 39,200
RANGE M982.
016 ARTILLERY 70,881 70,881
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
019 SHOULDER LAUNCHED 38,000 38,000
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 87,213 87,213
TYPES.
OTHER AMMUNITION
021 CAD/PAD, ALL TYPES... 4,914 4,914
022 DEMOLITION MUNITIONS, 6,380 6,380
ALL TYPES.
023 GRENADES, ALL TYPES.. 22,760 22,760
024 SIGNALS, ALL TYPES... 10,666 10,666
025 SIMULATORS, ALL TYPES 7,412 7,412
MISCELLANEOUS
026 AMMO COMPONENTS, ALL 12,726 12,726
TYPES.
027 NON-LETHAL 6,100 5,900
AMMUNITION, ALL
TYPES.
Early to need.... [-200]
028 ITEMS LESS THAN $5 10,006 9,506
MILLION (AMMO).
Early to need.... [-500]
029 AMMUNITION PECULIAR 17,275 13,575
EQUIPMENT.
Early to need.... [-3,700]
030 FIRST DESTINATION 14,951 14,951
TRANSPORTATION
(AMMO).
PRODUCTION BASE
SUPPORT
032 INDUSTRIAL FACILITIES 222,269 242,269
Program increase. [20,000]
033 CONVENTIONAL 157,383 157,383
MUNITIONS
DEMILITARIZATION.
034 ARMS INITIATIVE...... 3,646 3,646
TOTAL 1,513,157 1,514,803
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 3,733 3,733
DOLLY SETS.
002 SEMITRAILERS, 3,716 3,716
FLATBED:.
003 HI MOB MULTI-PURP 50,000
WHLD VEH (HMMWV).
HMMWV M997A3 [50,000]
ambulance
recapitalization
for Active
Component.
004 GROUND MOBILITY 4,907 4,907
VEHICLES (GMV).
006 JOINT LIGHT TACTICAL 587,514 587,514
VEHICLE.
007 TRUCK, DUMP, 20T 3,927 3,927
(CCE).
008 FAMILY OF MEDIUM 53,293 53,293
TACTICAL VEH (FMTV).
009 FIRETRUCKS & 7,460 7,460
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 39,564 39,564
TACTICAL VEHICLES
(FHTV).
[[Page 130 STAT. 2809]]
011 PLS ESP.............. 11,856 11,856
013 TACTICAL WHEELED 49,751 49,751
VEHICLE PROTECTION
KITS.
014 MODIFICATION OF IN 64,000 54,000
SVC EQUIP.
Program reduction [-10,000]
015 MINE-RESISTANT AMBUSH- 10,611 10,611
PROTECTED (MRAP)
MODS.
NON-TACTICAL VEHICLES
016 HEAVY ARMORED SEDAN.. 394 394
018 NONTACTICAL VEHICLES, 1,755 1,755
OTHER.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 427,598 427,598
TACTICAL NETWORK.
020 SIGNAL MODERNIZATION 58,250 58,250
PROGRAM.
021 JOINT INCIDENT SITE 5,749 5,749
COMMUNICATIONS
CAPABILITY.
022 JCSE EQUIPMENT 5,068 5,068
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
023 DEFENSE ENTERPRISE 143,805 143,805
WIDEBAND SATCOM
SYSTEMS.
024 TRANSPORTABLE 36,580 36,580
TACTICAL COMMAND
COMMUNICATIONS.
025 SHF TERM............. 1,985 1,985
027 SMART-T (SPACE)...... 9,165 9,165
COMM--C3 SYSTEM
031 ARMY GLOBAL CMD & 2,530 2,530
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
033 HANDHELD MANPACK 273,645 273,645
SMALL FORM FIT (HMS).
034 MID-TIER NETWORKING 25,017 25,017
VEHICULAR RADIO
(MNVR).
035 RADIO TERMINAL SET, 12,326 12,326
MIDS LVT(2).
037 TRACTOR DESK......... 2,034 2,034
038 TRACTOR RIDE......... 2,334 2,334
039 SPIDER APLA REMOTE 1,985 1,985
CONTROL UNIT.
040 SPIDER FAMILY OF 10,796 10,796
NETWORKED MUNITIONS
INCR.
042 TACTICAL 3,607 3,607
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
043 UNIFIED COMMAND SUITE 14,295 14,295
045 FAMILY OF MED COMM 19,893 19,893
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 1,388 1,388
ARCHITECTURE.
048 ARMY CA/MISO GPF 5,494 5,494
EQUIPMENT.
INFORMATION SECURITY
049 FAMILY OF BIOMETRICS. 2,978 2,978
051 COMMUNICATIONS 131,356 131,356
SECURITY (COMSEC).
052 DEFENSIVE CYBER 15,132 15,132
OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
053 BASE SUPPORT 27,452 27,452
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
054 INFORMATION SYSTEMS.. 122,055 122,055
055 EMERGENCY MANAGEMENT 4,286 4,286
MODERNIZATION
PROGRAM.
056 INSTALLATION INFO 131,794 131,794
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
059 JTT/CIBS-M........... 5,337 5,337
062 DCGS-A (MIP)......... 242,514 217,814
Program reduction [-24,700]
063 JOINT TACTICAL GROUND 4,417 4,417
STATION (JTAGS).
064 TROJAN (MIP)......... 17,455 17,455
065 MOD OF IN-SVC EQUIP 44,965 44,965
(INTEL SPT) (MIP).
066 CI HUMINT AUTO 7,658 7,658
REPRTING AND
COLL(CHARCS).
067 CLOSE ACCESS TARGET 7,970 7,970
RECONNAISSANCE
(CATR).
068 MACHINE FOREIGN 545 545
LANGUAGE TRANSLATION
SYSTEM-M.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
070 LIGHTWEIGHT COUNTER 74,038 68,453
MORTAR RADAR.
Unit cost growth. [-5,585]
071 EW PLANNING & 3,235 3,235
MANAGEMENT TOOLS
(EWPMT).
072 AIR VIGILANCE (AV)... 733 733
074 FAMILY OF PERSISTENT 1,740 1,740
SURVEILLANCE
CAPABILITIE.
075 COUNTERINTELLIGENCE/ 455 455
SECURITY
COUNTERMEASURES.
076 CI MODERNIZATION..... 176 176
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
077 SENTINEL MODS........ 40,171 40,171
078 NIGHT VISION DEVICES. 163,029 163,029
079 SMALL TACTICAL 15,885 15,885
OPTICAL RIFLE
MOUNTED MLRF.
[[Page 130 STAT. 2810]]
080 INDIRECT FIRE 48,427 48,427
PROTECTION FAMILY OF
SYSTEMS.
081 FAMILY OF WEAPON 55,536 55,536
SIGHTS (FWS).
082 ARTILLERY ACCURACY 4,187 4,187
EQUIP.
085 JOINT BATTLE COMMAND-- 137,501 137,501
PLATFORM (JBC-P).
086 JOINT EFFECTS 50,726 50,726
TARGETING SYSTEM
(JETS).
087 MOD OF IN-SVC EQUIP 28,058 28,058
(LLDR).
088 COMPUTER BALLISTICS: 5,924 5,924
LHMBC XM32.
089 MORTAR FIRE CONTROL 22,331 22,331
SYSTEM.
090 COUNTERFIRE RADARS... 314,509 281,509
Unit cost savings [-33,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
091 FIRE SUPPORT C2 8,660 8,660
FAMILY.
092 AIR & MSL DEFENSE 54,376 54,376
PLANNING & CONTROL
SYS.
093 IAMD BATTLE COMMAND 204,969 204,969
SYSTEM.
094 LIFE CYCLE SOFTWARE 4,718 4,718
SUPPORT (LCSS).
095 NETWORK MANAGEMENT 11,063 11,063
INITIALIZATION AND
SERVICE.
096 MANEUVER CONTROL 151,318 151,318
SYSTEM (MCS).
097 GLOBAL COMBAT SUPPORT 155,660 155,660
SYSTEM-ARMY (GCSS-A).
098 INTEGRATED PERSONNEL 4,214 4,214
AND PAY SYSTEM-ARMY
(IPP.
099 RECONNAISSANCE AND 16,185 16,185
SURVEYING INSTRUMENT
SET.
100 MOD OF IN-SVC 1,565 1,565
EQUIPMENT (ENFIRE).
ELECT EQUIP--
AUTOMATION
101 ARMY TRAINING 17,693 17,693
MODERNIZATION.
102 AUTOMATED DATA 107,960 107,960
PROCESSING EQUIP.
103 GENERAL FUND 6,416 6,416
ENTERPRISE BUSINESS
SYSTEMS FAM.
104 HIGH PERF COMPUTING 58,614 58,614
MOD PGM (HPCMP).
105 CONTRACT WRITING 986 986
SYSTEM.
106 RESERVE COMPONENT 23,828 23,828
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
107 TACTICAL DIGITAL 1,191 1,191
MEDIA.
108 ITEMS LESS THAN $5M 1,995 1,995
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
109 PRODUCTION BASE 403 403
SUPPORT (C-E).
CLASSIFIED PROGRAMS
110A CLASSIFIED PROGRAMS.. 4,436 4,436
CHEMICAL DEFENSIVE
EQUIPMENT
111 PROTECTIVE SYSTEMS... 2,966 2,966
112 FAMILY OF NON-LETHAL 9,795 9,795
EQUIPMENT (FNLE).
114 CBRN DEFENSE......... 17,922 17,922
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING.... 13,553 13,553
116 TACTICAL BRIDGE, 25,244 25,244
FLOAT-RIBBON.
117 BRIDGE SUPPLEMENTAL 983 983
SET.
118 COMMON BRIDGE 25,176 25,176
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
119 GRND STANDOFF MINE 39,350 39,350
DETECTN SYSM
(GSTAMIDS).
120 AREA MINE DETECTION 10,500 10,500
SYSTEM (AMDS).
121 HUSKY MOUNTED 274 274
DETECTION SYSTEM
(HMDS).
122 ROBOTIC COMBAT 2,951 2,951
SUPPORT SYSTEM
(RCSS).
123 EOD ROBOTICS SYSTEMS 1,949 1,949
RECAPITALIZATION.
124 ROBOTICS AND APPLIQUE 5,203 5,203
SYSTEMS.
125 EXPLOSIVE ORDNANCE 5,570 5,570
DISPOSAL EQPMT (EOD
EQPMT).
126 REMOTE DEMOLITION 6,238 6,238
SYSTEMS.
127 < $5M, COUNTERMINE 836 836
EQUIPMENT.
128 FAMILY OF BOATS AND 3,171 3,171
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 18,707 18,707
130 SOLDIER ENHANCEMENT.. 2,112 2,112
131 PERSONNEL RECOVERY 10,856 10,856
SUPPORT SYSTEM
(PRSS).
132 GROUND SOLDIER SYSTEM 32,419 32,419
133 MOBILE SOLDIER POWER. 30,014 30,014
135 FIELD FEEDING 12,544 12,544
EQUIPMENT.
136 CARGO AERIAL DEL & 18,509 18,509
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 29,384 29,384
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,487 4,487
EQUIPMENT.
140 DISTRIBUTION SYSTEMS, 42,656 35,656
PETROLEUM & WATER.
[[Page 130 STAT. 2811]]
Program decrease. [-7,000]
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 59,761 59,761
MEDICAL.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 35,694 32,194
EQUIPMENT SYSTEMS.
Program reduction [-3,500]
143 ITEMS LESS THAN $5.0M 2,716 2,716
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 1,742 1,742
HVY, 6X4 (CCE).
145 SCRAPERS, EARTHMOVING 26,233 26,233
147 HYDRAULIC EXCAVATOR.. 1,123 1,123
149 ALL TERRAIN CRANES... 65,285 65,285
151 HIGH MOBILITY 1,743 1,743
ENGINEER EXCAVATOR
(HMEE).
152 ENHANCED RAPID 2,779 2,779
AIRFIELD
CONSTRUCTION CAPAP.
154 CONST EQUIP ESP...... 26,712 22,212
Program reduction [-4,500]
155 ITEMS LESS THAN $5.0M 6,649 6,649
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
156 ARMY WATERCRAFT ESP.. 21,860 21,860
157 ITEMS LESS THAN $5.0M 1,967 1,967
(FLOAT/RAIL).
GENERATORS
158 GENERATORS AND 113,266 113,266
ASSOCIATED EQUIP.
159 TACTICAL ELECTRIC 7,867 7,867
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 2,307 2,307
TRAINING EQUIPMENT
161 COMBAT TRAINING 75,359 75,359
CENTERS SUPPORT.
162 TRAINING DEVICES, 253,050 253,050
NONSYSTEM.
163 CLOSE COMBAT TACTICAL 48,271 48,271
TRAINER.
164 AVIATION COMBINED 40,000 40,000
ARMS TACTICAL
TRAINER.
165 GAMING TECHNOLOGY IN 11,543 11,543
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
166 CALIBRATION SETS 4,963 4,963
EQUIPMENT.
167 INTEGRATED FAMILY OF 29,781 29,781
TEST EQUIPMENT
(IFTE).
168 TEST EQUIPMENT 6,342 6,342
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
169 M25 STABILIZED 3,149 3,149
BINOCULAR.
170 RAPID EQUIPPING 18,003 18,003
SOLDIER SUPPORT
EQUIPMENT.
171 PHYSICAL SECURITY 44,082 44,082
SYSTEMS (OPA3).
172 BASE LEVEL COMMON 2,168 2,168
EQUIPMENT.
173 MODIFICATION OF IN- 67,367 67,367
SVC EQUIPMENT (OPA-
3).
174 PRODUCTION BASE 1,528 1,528
SUPPORT (OTH).
175 SPECIAL EQUIPMENT FOR 8,289 8,289
USER TESTING.
177 TRACTOR YARD......... 6,888 6,888
OPA2
179 INITIAL SPARES--C&E.. 27,243 27,243
TOTAL OTHER 5,873,949 5,835,664
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
003 JOINT STRIKE FIGHTER 890,650 890,650
CV.
004 ADVANCE 80,908 80,908
PROCUREMENT (CY).
005 JSF STOVL............ 2,037,768 2,037,768
006 ADVANCE 233,648 233,648
PROCUREMENT (CY).
007 CH-53K (HEAVY LIFT).. 348,615 348,615
008 ADVANCE 88,365 88,365
PROCUREMENT (CY).
009 V-22 (MEDIUM LIFT)... 1,264,134 1,249,134
Support cost [-15,000]
growth.
010 ADVANCE 19,674 19,674
PROCUREMENT (CY).
011 H-1 UPGRADES (UH-1Y/ 759,778 756,586
AH-1Z).
Airframe unit [-3,192]
cost growth.
012 ADVANCE 57,232 57,232
PROCUREMENT (CY).
014 MH-60R (MYP)......... 61,177 53,177
Line shutdown [-8,000]
costs--early to
need.
016 P-8A POSEIDON........ 1,940,238 1,863,238
Airfrane unit [-77,000]
cost growth.
017 ADVANCE 123,140 123,140
PROCUREMENT (CY).
[[Page 130 STAT. 2812]]
018 E-2D ADV HAWKEYE..... 916,483 916,483
019 ADVANCE 125,042 125,042
PROCUREMENT (CY).
TRAINER AIRCRAFT
020 JPATS................ 5,849 5,849
OTHER AIRCRAFT
021 KC-130J.............. 128,870 128,870
022 ADVANCE 24,848 24,848
PROCUREMENT (CY).
023 MQ-4 TRITON.......... 409,005 396,125
Unit cost savings [-12,880]
024 ADVANCE 55,652 55,652
PROCUREMENT (CY).
025 MQ-8 UAV............. 72,435 72,435
MODIFICATION OF
AIRCRAFT
029 AEA SYSTEMS.......... 51,900 51,900
030 AV-8 SERIES.......... 60,818 60,818
031 ADVERSARY............ 5,191 5,191
032 F-18 SERIES.......... 1,023,492 986,192
Unobligated [-37,300]
balances.
034 H-53 SERIES.......... 46,095 46,095
035 SH-60 SERIES......... 108,328 108,328
036 H-1 SERIES........... 46,333 46,333
037 EP-3 SERIES.......... 14,681 14,681
038 P-3 SERIES........... 2,781 2,781
039 E-2 SERIES........... 32,949 32,949
040 TRAINER A/C SERIES... 13,199 13,199
041 C-2A................. 19,066 19,066
042 C-130 SERIES......... 61,788 59,788
Training [-2,000]
equipment
unjustified
growth (OSIP 022-
07).
043 FEWSG................ 618 618
044 CARGO/TRANSPORT A/C 9,822 9,822
SERIES.
045 E-6 SERIES........... 222,077 222,077
046 EXECUTIVE HELICOPTERS 66,835 66,835
SERIES.
047 SPECIAL PROJECT 16,497 16,497
AIRCRAFT.
048 T-45 SERIES.......... 114,887 114,887
049 POWER PLANT CHANGES.. 16,893 14,893
Excess support [-2,000]
growth.
050 JPATS SERIES......... 17,401 17,401
051 COMMON ECM EQUIPMENT. 143,773 143,773
052 COMMON AVIONICS 164,839 164,839
CHANGES.
053 COMMON DEFENSIVE 4,403 4,403
WEAPON SYSTEM.
054 ID SYSTEMS........... 45,768 45,768
055 P-8 SERIES........... 18,836 18,836
056 MAGTF EW FOR AVIATION 5,676 5,676
057 MQ-8 SERIES.......... 19,003 19,003
058 RQ-7 SERIES.......... 3,534 3,534
059 V-22 (TILT/ROTOR 141,545 141,545
ACFT) OSPREY.
060 F-35 STOVL SERIES.... 34,928 34,928
061 F-35 CV SERIES....... 26,004 26,004
062 QRC.................. 5,476 5,476
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR 1,407,626 1,407,626
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
064 COMMON GROUND 390,103 390,103
EQUIPMENT.
065 AIRCRAFT INDUSTRIAL 23,194 23,194
FACILITIES.
066 WAR CONSUMABLES...... 40,613 40,613
067 OTHER PRODUCTION 860 860
CHARGES.
068 SPECIAL SUPPORT 36,282 36,282
EQUIPMENT.
069 FIRST DESTINATION 1,523 1,523
TRANSPORTATION.
TOTAL AIRCRAFT 14,109,148 13,951,776
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,103,086 1,103,086
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 6,776 6,776
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 186,905 179,905
Tomahawk unit [-7,000]
cost growth.
[[Page 130 STAT. 2813]]
TACTICAL MISSILES
004 AMRAAM............... 204,697 197,447
Unit cost growth. [-7,250]
005 SIDEWINDER........... 70,912 70,912
006 JSOW................. 2,232 2,232
007 STANDARD MISSILE..... 501,212 497,968
Diminishing [-3,244]
manufacturing
sources excess
growth.
008 RAM.................. 71,557 71,557
009 JOINT AIR GROUND 26,200 21,922
MISSILE (JAGM).
Unit cost savings [-4,278]
012 STAND OFF PRECISION 3,316 3,316
GUIDED MUNITIONS
(SOPGM).
013 AERIAL TARGETS....... 137,484 137,484
014 OTHER MISSILE SUPPORT 3,248 3,248
015 LRASM................ 29,643 29,643
MODIFICATION OF
MISSILES
016 ESSM................. 52,935 52,935
018 HARM MODS............ 178,213 178,213
019 STANDARD MISSILES 8,164 8,164
MODS.
SUPPORT EQUIPMENT &
FACILITIES
020 WEAPONS INDUSTRIAL 1,964 1,964
FACILITIES.
021 FLEET SATELLITE COMM 36,723 36,723
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
022 ORDNANCE SUPPORT 59,096 59,096
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
023 SSTD................. 5,910 5,910
024 MK-48 TORPEDO........ 44,537 44,537
025 ASW TARGETS.......... 9,302 9,302
MOD OF TORPEDOES AND
RELATED EQUIP
026 MK-54 TORPEDO MODS... 98,092 98,092
027 MK-48 TORPEDO ADCAP 46,139 46,139
MODS.
028 QUICKSTRIKE MINE..... 1,236 1,236
SUPPORT EQUIPMENT
029 TORPEDO SUPPORT 60,061 60,061
EQUIPMENT.
030 ASW RANGE SUPPORT.... 3,706 3,706
DESTINATION
TRANSPORTATION
031 FIRST DESTINATION 3,804 3,804
TRANSPORTATION.
GUNS AND GUN MOUNTS
032 SMALL ARMS AND 18,002 18,002
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
033 CIWS MODS............ 50,900 50,900
034 COAST GUARD WEAPONS.. 25,295 25,295
035 GUN MOUNT MODS....... 77,003 77,003
036 LCS MODULE WEAPONS... 2,776 2,776
038 AIRBORNE MINE 15,753 15,753
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
040 SPARES AND REPAIR 62,383 62,383
PARTS.
TOTAL WEAPONS 3,209,262 3,187,490
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 91,659 91,659
002 AIRBORNE ROCKETS, ALL 65,759 65,759
TYPES.
003 MACHINE GUN 8,152 8,152
AMMUNITION.
004 PRACTICE BOMBS....... 41,873 41,873
005 CARTRIDGES & CART 54,002 54,002
ACTUATED DEVICES.
006 AIR EXPENDABLE 57,034 57,034
COUNTERMEASURES.
007 JATOS................ 2,735 2,735
009 5 INCH/54 GUN 19,220 19,220
AMMUNITION.
010 INTERMEDIATE CALIBER 30,196 30,196
GUN AMMUNITION.
011 OTHER SHIP GUN 39,009 39,009
AMMUNITION.
012 SMALL ARMS & LANDING 46,727 46,727
PARTY AMMO.
013 PYROTECHNIC AND 9,806 9,806
DEMOLITION.
014 AMMUNITION LESS THAN 2,900 2,900
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 27,958 27,958
017 40 MM, ALL TYPES..... 14,758 14,758
018 60MM, ALL TYPES...... 992 992
[[Page 130 STAT. 2814]]
020 120MM, ALL TYPES..... 16,757 12,157
120mm early to [-4,600]
need.
021 GRENADES, ALL TYPES.. 972 972
022 ROCKETS, ALL TYPES... 14,186 14,186
023 ARTILLERY, ALL TYPES. 68,656 68,656
024 DEMOLITION MUNITIONS, 1,700 1,700
ALL TYPES.
025 FUZE, ALL TYPES...... 26,088 26,088
027 AMMO MODERNIZATION... 14,660 14,660
028 ITEMS LESS THAN $5 8,569 6,069
MILLION.
Early to need.... [-2,500]
TOTAL 664,368 657,268
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 773,138 773,138
SUBMARINE ADVANCE
PROCUREMENT.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 1,291,783 1,291,783
PROGRAM.
003 ADVANCE 1,370,784 1,370,784
PROCUREMENT (CY).
004 VIRGINIA CLASS 3,187,985 3,187,985
SUBMARINE.
005 ADVANCE 1,767,234 1,852,234
PROCUREMENT (CY).
Long-lead Time [85,000]
Materiel Orders
for Virginia
Class.
006 CVN REFUELING 1,743,220 1,743,220
OVERHAULS.
007 ADVANCE 248,599 248,599
PROCUREMENT (CY).
008 DDG 1000............. 271,756 271,756
009 DDG-51............... 3,211,292 3,261,092
Fund additional [49,800]
FY16 destroyer.
011 LITTORAL COMBAT SHIP. 1,125,625 1,097,625
Unjustified [-28,000]
growth.
AMPHIBIOUS SHIPS
012A AMPHIBIOUS SHIP 440,000
REPLACEMENT LX(R).
Procurement of [440,000]
LPD-29 or LX (R).
016 LHA REPLACEMENT...... 1,623,024 1,623,024
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
020 ADVANCE 73,079 73,079
PROCUREMENT (CY).
022 MOORED TRAINING SHIP. 624,527 624,527
025 OUTFITTING........... 666,158 645,054
Outfitting and [-21,104]
post delivery
funds early to
need.
026 SHIP TO SHORE 128,067 128,067
CONNECTOR.
027 SERVICE CRAFT........ 65,192 65,192
028 LCAC SLEP............ 1,774 1,774
029 YP CRAFT MAINTENANCE/ 21,363 21,363
ROH/SLEP.
030 COMPLETION OF PY 160,274 160,274
SHIPBUILDING
PROGRAMS.
TOTAL 18,354,874 18,880,570
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
003 SURFACE POWER 15,514 15,514
EQUIPMENT.
004 HYBRID ELECTRIC DRIVE 40,132 39,282
(HED).
Installation [-850]
early to need.
GENERATORS
005 SURFACE COMBATANT 29,974 29,974
HM&E.
NAVIGATION EQUIPMENT
006 OTHER NAVIGATION 63,942 63,942
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
008 SUB PERISCOPE, 136,421 136,421
IMAGING AND SUPT
EQUIP PROG.
009 DDG MOD.............. 367,766 367,766
010 FIREFIGHTING 14,743 14,743
EQUIPMENT.
011 COMMAND AND CONTROL 2,140 2,140
SWITCHBOARD.
012 LHA/LHD MIDLIFE...... 24,939 24,939
014 POLLUTION CONTROL 20,191 19,342
EQUIPMENT.
HF062 lightering [-849]
systems unit cost
growth.
015 SUBMARINE SUPPORT 8,995 8,995
EQUIPMENT.
016 VIRGINIA CLASS 66,838 66,838
SUPPORT EQUIPMENT.
017 LCS CLASS SUPPORT 54,823 54,823
EQUIPMENT.
018 SUBMARINE BATTERIES.. 23,359 23,359
019 LPD CLASS SUPPORT 40,321 40,321
EQUIPMENT.
[[Page 130 STAT. 2815]]
020 DDG 1000 CLASS 33,404 33,404
SUPPORT EQUIPMENT.
021 STRATEGIC PLATFORM 15,836 15,836
SUPPORT EQUIP.
022 DSSP EQUIPMENT....... 806 806
024 LCAC................. 3,090 3,090
025 UNDERWATER EOD 24,350 24,350
PROGRAMS.
026 ITEMS LESS THAN $5 88,719 86,899
MILLION.
LSD boat davit [-993]
kit cost growth.
Propellers and [-827]
shafts unit cost
growth.
027 CHEMICAL WARFARE 2,873 2,873
DETECTORS.
028 SUBMARINE LIFE 6,043 6,043
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
030 REACTOR COMPONENTS... 342,158 342,158
OCEAN ENGINEERING
031 DIVING AND SALVAGE 8,973 8,973
EQUIPMENT.
SMALL BOATS
032 STANDARD BOATS....... 43,684 43,684
PRODUCTION FACILITIES
EQUIPMENT
034 OPERATING FORCES IPE. 75,421 75,421
OTHER SHIP SUPPORT
035 NUCLEAR ALTERATIONS.. 172,718 172,718
036 LCS COMMON MISSION 27,840 17,840
MODULES EQUIPMENT.
RMMV program [-10,000]
restructure.
037 LCS MCM MISSION 57,146 57,146
MODULES.
038 LCS ASW MISSION 31,952 21,952
MODULES.
Early to need.... [-10,000]
039 LCS SUW MISSION 22,466 21,064
MODULES.
MK-46 gun weapon [-1,402]
system contract
delays.
LOGISTIC SUPPORT
041 LSD MIDLIFE.......... 10,813 10,813
SHIP SONARS
042 SPQ-9B RADAR......... 14,363 14,363
043 AN/SQQ-89 SURF ASW 90,029 90,029
COMBAT SYSTEM.
045 SSN ACOUSTIC 248,765 248,765
EQUIPMENT.
046 UNDERSEA WARFARE 7,163 7,163
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
048 SUBMARINE ACOUSTIC 21,291 21,291
WARFARE SYSTEM.
049 SSTD................. 6,893 6,893
050 FIXED SURVEILLANCE 145,701 145,701
SYSTEM.
051 SURTASS.............. 36,136 36,136
ELECTRONIC WARFARE
EQUIPMENT
053 AN/SLQ-32............ 274,892 266,641
Block 3 excess [-4,270]
support.
Block 3T excess [-1,000]
support.
Block 3T [-2,981]
installation
prior year
carryover.
RECONNAISSANCE
EQUIPMENT
054 SHIPBOARD IW EXPLOIT. 170,733 170,733
055 AUTOMATED 958 958
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
057 COOPERATIVE 22,034 22,034
ENGAGEMENT
CAPABILITY.
059 NAVAL TACTICAL 12,336 12,336
COMMAND SUPPORT
SYSTEM (NTCSS).
060 ATDLS................ 30,105 30,105
061 NAVY COMMAND AND 4,556 4,556
CONTROL SYSTEM
(NCCS).
062 MINESWEEPING SYSTEM 56,675 32,198
REPLACEMENT.
Ahead of need.... [-24,477]
063 SHALLOW WATER MCM.... 8,875 8,875
064 NAVSTAR GPS RECEIVERS 12,752 12,752
(SPACE).
065 AMERICAN FORCES RADIO 4,577 4,577
AND TV SERVICE.
066 STRATEGIC PLATFORM 8,972 8,972
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
069 ASHORE ATC EQUIPMENT. 75,068 75,068
070 AFLOAT ATC EQUIPMENT. 33,484 33,484
076 ID SYSTEMS........... 22,177 22,177
077 NAVAL MISSION 14,273 14,273
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
080 TACTICAL/MOBILE C4I 27,927 27,927
SYSTEMS.
081 DCGS-N............... 12,676 12,676
082 CANES................ 212,030 212,030
[[Page 130 STAT. 2816]]
083 RADIAC............... 8,092 8,092
084 CANES-INTELL......... 36,013 36,013
085 GPETE................ 6,428 6,428
087 INTEG COMBAT SYSTEM 8,376 8,376
TEST FACILITY.
088 EMI CONTROL 3,971 3,971
INSTRUMENTATION.
089 ITEMS LESS THAN $5 58,721 58,721
MILLION.
SHIPBOARD
COMMUNICATIONS
090 SHIPBOARD TACTICAL 17,366 17,366
COMMUNICATIONS.
091 SHIP COMMUNICATIONS 102,479 102,479
AUTOMATION.
092 COMMUNICATIONS ITEMS 10,403 10,403
UNDER $5M.
SUBMARINE
COMMUNICATIONS
093 SUBMARINE BROADCAST 34,151 34,151
SUPPORT.
094 SUBMARINE 64,529 64,529
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
095 SATELLITE 14,414 14,414
COMMUNICATIONS
SYSTEMS.
096 NAVY MULTIBAND 38,365 38,365
TERMINAL (NMT).
SHORE COMMUNICATIONS
097 JCS COMMUNICATIONS 4,156 4,156
EQUIPMENT.
CRYPTOGRAPHIC
EQUIPMENT
099 INFO SYSTEMS SECURITY 85,694 85,694
PROGRAM (ISSP).
100 MIO INTEL 920 920
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
101 CRYPTOLOGIC 21,098 21,098
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
102 COAST GUARD EQUIPMENT 32,291 32,291
SONOBUOYS
103 SONOBUOYS--ALL TYPES. 162,588 159,541
Excess unit cost [-3,047]
growth.
AIRCRAFT SUPPORT
EQUIPMENT
104 WEAPONS RANGE SUPPORT 58,116 58,116
EQUIPMENT.
105 AIRCRAFT SUPPORT 120,324 120,324
EQUIPMENT.
106 METEOROLOGICAL 29,253 29,253
EQUIPMENT.
107 DCRS/DPL............. 632 632
108 AIRBORNE MINE 29,097 29,097
COUNTERMEASURES.
109 AVIATION SUPPORT 39,099 39,099
EQUIPMENT.
SHIP GUN SYSTEM
EQUIPMENT
110 SHIP GUN SYSTEMS 6,191 6,191
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
111 SHIP MISSILE SUPPORT 320,446 310,946
EQUIPMENT.
Program execution [-9,500]
112 TOMAHAWK SUPPORT 71,046 71,046
EQUIPMENT.
FBM SUPPORT EQUIPMENT
113 STRATEGIC MISSILE 215,138 215,138
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
114 SSN COMBAT CONTROL 130,715 130,715
SYSTEMS.
115 ASW SUPPORT EQUIPMENT 26,431 26,431
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 11,821 11,821
DISPOSAL EQUIP.
117 ITEMS LESS THAN $5 6,243 6,243
MILLION.
OTHER EXPENDABLE
ORDNANCE
118 SUBMARINE TRAINING 48,020 48,020
DEVICE MODS.
120 SURFACE TRAINING 97,514 94,979
EQUIPMENT.
Unjustified [-2,535]
growth.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
121 PASSENGER CARRYING 8,853 8,853
VEHICLES.
122 GENERAL PURPOSE 4,928 4,928
TRUCKS.
123 CONSTRUCTION & 18,527 18,527
MAINTENANCE EQUIP.
124 FIRE FIGHTING 13,569 13,569
EQUIPMENT.
125 TACTICAL VEHICLES.... 14,917 14,917
126 AMPHIBIOUS EQUIPMENT. 7,676 7,676
127 POLLUTION CONTROL 2,321 2,321
EQUIPMENT.
128 ITEMS UNDER $5 12,459 12,459
MILLION.
129 PHYSICAL SECURITY 1,095 1,095
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
131 SUPPLY EQUIPMENT..... 16,023 16,023
133 FIRST DESTINATION 5,115 5,115
TRANSPORTATION.
134 SPECIAL PURPOSE 295,471 295,471
SUPPLY SYSTEMS.
[[Page 130 STAT. 2817]]
TRAINING DEVICES
136 TRAINING AND 9,504 9,504
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
137 COMMAND SUPPORT 37,180 29,980
EQUIPMENT.
CNIC building [-7,200]
control systems
unjustified
request.
139 MEDICAL SUPPORT 4,128 4,128
EQUIPMENT.
141 NAVAL MIP SUPPORT 1,925 1,925
EQUIPMENT.
142 OPERATING FORCES 4,777 4,777
SUPPORT EQUIPMENT.
143 C4ISR EQUIPMENT...... 9,073 9,073
144 ENVIRONMENTAL SUPPORT 21,107 21,107
EQUIPMENT.
145 PHYSICAL SECURITY 100,906 100,906
EQUIPMENT.
146 ENTERPRISE 67,544 67,544
INFORMATION
TECHNOLOGY.
OTHER
150 NEXT GENERATION 98,216 98,216
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS.. 9,915 9,915
SPARES AND REPAIR
PARTS
151 SPARES AND REPAIR 199,660 199,660
PARTS.
TOTAL OTHER 6,338,861 6,258,930
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 73,785 71,785
Production [-2,000]
engineering
support excess
growth.
002 LAV PIP.............. 53,423 53,423
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 3,360 3,360
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 3,318 3,318
TOWED HOWITZER.
005 HIGH MOBILITY 33,725 33,725
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 8,181 8,181
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 15,250 15,250
GUIDED MISSILES
009 GROUND BASED AIR 9,170 9,170
DEFENSE.
010 JAVELIN.............. 1,009 1,009
011 FOLLOW ON TO SMAW.... 24,666 24,666
012 ANTI-ARMOR WEAPONS 17,080 17,080
SYSTEM-HEAVY (AAWS-
H).
COMMAND AND CONTROL
SYSTEMS
015 COMMON AVIATION 47,312 47,312
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
016 REPAIR AND TEST 16,469 16,469
EQUIPMENT.
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 ITEMS UNDER $5 7,433 7,433
MILLION (COMM &
ELEC).
020 AIR OPERATIONS C2 15,917 15,917
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
021 RADAR SYSTEMS........ 17,772 17,772
022 GROUND/AIR TASK 123,758 123,758
ORIENTED RADAR (G/
ATOR).
023 RQ-21 UAS............ 80,217 80,217
INTELL/COMM EQUIPMENT
(NON-TEL)
024 GCSS-MC.............. 1,089 1,089
025 FIRE SUPPORT SYSTEM.. 13,258 13,258
026 INTELLIGENCE SUPPORT 56,379 56,379
EQUIPMENT.
029 RQ-11 UAV............ 1,976 1,976
031 DCGS-MC.............. 1,149 1,149
032 UAS PAYLOADS......... 2,971 2,971
OTHER SUPPORT (NON-
TEL)
034 NEXT GENERATION 76,302 76,302
ENTERPRISE NETWORK
(NGEN).
035 COMMON COMPUTER 41,802 39,477
RESOURCES.
Prior year [-2,325]
carryover.
036 COMMAND POST SYSTEMS. 90,924 90,924
037 RADIO SYSTEMS........ 43,714 43,714
038 COMM SWITCHING & 66,383 66,383
CONTROL SYSTEMS.
039 COMM & ELEC 30,229 30,229
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
039A CLASSIFIED PROGRAMS.. 2,738 2,738
ADMINISTRATIVE
VEHICLES
041 COMMERCIAL CARGO 88,312 88,312
VEHICLES.
[[Page 130 STAT. 2818]]
TACTICAL VEHICLES
043 MOTOR TRANSPORT 13,292 13,292
MODIFICATIONS.
045 JOINT LIGHT TACTICAL 113,230 113,230
VEHICLE.
046 FAMILY OF TACTICAL 2,691 2,691
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
048 ENVIRONMENTAL CONTROL 18 18
EQUIP ASSORT.
050 TACTICAL FUEL SYSTEMS 78 78
051 POWER EQUIPMENT 17,973 17,973
ASSORTED.
052 AMPHIBIOUS SUPPORT 7,371 7,371
EQUIPMENT.
053 EOD SYSTEMS.......... 14,021 14,021
MATERIALS HANDLING
EQUIPMENT
054 PHYSICAL SECURITY 31,523 31,523
EQUIPMENT.
GENERAL PROPERTY
058 TRAINING DEVICES..... 33,658 33,658
060 FAMILY OF 21,315 21,315
CONSTRUCTION
EQUIPMENT.
061 FAMILY OF INTERNALLY 9,654 9,654
TRANSPORTABLE VEH
(ITV).
OTHER SUPPORT
062 ITEMS LESS THAN $5 6,026 6,026
MILLION.
SPARES AND REPAIR
PARTS
064 SPARES AND REPAIR 22,848 22,848
PARTS.
TOTAL 1,362,769 1,358,444
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,401,894 4,188,894
Program [-213,000]
efficiencies.
002 ADVANCE 404,500 404,500
PROCUREMENT (CY).
TACTICAL AIRLIFT
003 KC-46A TANKER........ 2,884,591 2,884,591
OTHER AIRLIFT
004 C-130J............... 145,655 145,655
006 HC-130J.............. 317,576 317,576
007 ADVANCE 20,000 20,000
PROCUREMENT (CY).
008 MC-130J.............. 548,358 548,358
009 ADVANCE 50,000 50,000
PROCUREMENT (CY).
HELICOPTERS
010 UH-1N REPLACEMENT.... 18,337 18,337
MISSION SUPPORT
AIRCRAFT
012 CIVIL AIR PATROL A/C. 2,637 2,637
OTHER AIRCRAFT
013 TARGET DRONES........ 114,656 114,656
014 RQ-4................. 12,966 12,966
015 MQ-9................. 122,522 122,522
STRATEGIC AIRCRAFT
016 B-2A................. 46,729 46,729
017 B-1B................. 116,319 116,319
018 B-52................. 109,020 109,020
TACTICAL AIRCRAFT
020 A-10................. 1,289 1,289
021 F-15................. 105,685 105,685
022 F-16................. 97,331 114,331
Active missile [12,000]
warning system.
Anti-jam global [5,000]
positioning
system (GPS)
upgrade.
023 F-22A................ 163,008 163,008
024 F-35 MODIFICATIONS... 175,811 175,811
025 INCREMENT 3.2B....... 76,410 76,410
026 ADVANCE 2,000 2,000
PROCUREMENT (CY).
AIRLIFT AIRCRAFT
027 C-5.................. 24,192 24,192
029 C-17A................ 21,555 21,555
030 C-21................. 5,439 5,439
031 C-32A................ 35,235 35,235
032 C-37A................ 5,004 5,004
TRAINER AIRCRAFT
033 GLIDER MODS.......... 394 394
034 T-6.................. 12,765 12,765
035 T-1.................. 25,073 17,073
[[Page 130 STAT. 2819]]
Production [-8,000]
schedule slip.
036 T-38................. 45,090 45,090
OTHER AIRCRAFT
037 U-2 MODS............. 36,074 36,074
038 KC-10A (ATCA)........ 4,570 4,570
039 C-12................. 1,995 1,995
040 VC-25A MOD........... 102,670 102,670
041 C-40................. 13,984 13,984
042 C-130................ 9,168 81,668
8-Bladed [16,000]
Propellers.
Electronic [13,500]
Propeller Control
Systems.
In-flight [1,500]
Propeller
Balancing System
Certification.
T56 3.5 Engine [41,500]
Upgrade Kits.
043 C-130J MODS.......... 89,424 89,424
044 C-135................ 64,161 64,161
045 COMPASS CALL MODS.... 130,257 59,857
Compass Call [-70,400]
Program
Restructure.
046 RC-135............... 211,438 211,438
047 E-3.................. 82,786 82,786
048 E-4.................. 53,348 53,348
049 E-8.................. 6,244 6,244
050 AIRBORNE WARNING AND 223,427 223,427
CONTROL SYSTEM.
051 FAMILY OF BEYOND LINE- 4,673 4,673
OF-SIGHT TERMINALS.
052 H-1.................. 9,007 9,007
054 H-60................. 91,357 91,357
055 RQ-4 MODS............ 32,045 32,045
056 HC/MC-130 30,767 30,767
MODIFICATIONS.
057 OTHER AIRCRAFT....... 33,886 33,886
059 MQ-9 MODS............ 141,929 141,929
060 CV-22 MODS........... 63,395 63,395
AIRCRAFT SPARES AND
REPAIR PARTS
061 INITIAL SPARES/REPAIR 686,491 673,291
PARTS.
Compass Call [-13,200]
Program
Restructure.
COMMON SUPPORT
EQUIPMENT
062 AIRCRAFT REPLACEMENT 121,935 121,935
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
063 B-2A................. 154 154
064 B-2A................. 43,330 43,330
065 B-52................. 28,125 28,125
066 C-17A................ 23,559 23,559
069 F-15................. 2,980 2,980
070 F-16................. 15,155 39,955
Additional [24,800]
mission trainers.
071 F-22A................ 48,505 48,505
074 RQ-4 POST PRODUCTION 99 99
CHARGES.
INDUSTRIAL
PREPAREDNESS
075 INDUSTRIAL 14,126 14,126
RESPONSIVENESS.
WAR CONSUMABLES
076 WAR CONSUMABLES...... 120,036 120,036
OTHER PRODUCTION
CHARGES
077 OTHER PRODUCTION 1,252,824 1,252,824
CHARGES.
CLASSIFIED PROGRAMS
077A CLASSIFIED PROGRAMS.. 16,952 119,952
Compass Call [103,000]
Program
Restructure.
TOTAL AIRCRAFT 13,922,917 13,835,617
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 70,247 70,247
EQ-BALLISTIC.
TACTICAL
002 JOINT AIR-SURFACE 431,645 431,645
STANDOFF MISSILE.
003 LRASM0............... 59,511 59,511
004 SIDEWINDER (AIM-9X).. 127,438 127,438
005 AMRAAM............... 350,144 339,392
Pricing [-10,752]
adjustment.
006 PREDATOR HELLFIRE 33,955 33,955
MISSILE.
007 SMALL DIAMETER BOMB.. 92,361 92,361
[[Page 130 STAT. 2820]]
INDUSTRIAL FACILITIES
008 INDUSTR'L PREPAREDNS/ 977 977
POL PREVENTION.
CLASS IV
009 ICBM FUZE MOD........ 17,095 17,095
010 MM III MODIFICATIONS. 68,692 68,692
011 AGM-65D MAVERICK..... 282 282
013 AIR LAUNCH CRUISE 21,762 21,762
MISSILE (ALCM).
014 SMALL DIAMETER BOMB.. 15,349 15,349
MISSILE SPARES AND
REPAIR PARTS
015 INITIAL SPARES/REPAIR 81,607 81,607
PARTS.
SPECIAL PROGRAMS
030 SPECIAL UPDATE 46,125 46,125
PROGRAMS.
CLASSIFIED PROGRAMS
030A CLASSIFIED PROGRAMS.. 1,009,431 1,009,431
TOTAL MISSILE 2,426,621 2,415,869
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 645,569 645,569
002 AF SATELLITE COMM 42,375 42,375
SYSTEM.
003 COUNTERSPACE SYSTEMS. 26,984 26,984
004 FAMILY OF BEYOND LINE- 88,963 88,963
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 86,272 86,272
SATELLITES(SPACE).
006 GPS III SPACE SEGMENT 34,059 34,059
007 GLOBAL POSTIONING 2,169 2,169
(SPACE).
008 SPACEBORNE EQUIP 46,708 46,708
(COMSEC).
009 GLOBAL POSITIONING 13,171 10,271
(SPACE).
Excess to Need... [-2,900]
010 MILSATCOM............ 41,799 41,799
011 EVOLVED EXPENDABLE 768,586 742,586
LAUNCH CAPABILITY.
Early to need.... [-26,000]
012 EVOLVED EXPENDABLE 737,853 536,853
LAUNCH VEH(SPACE).
Early to need.... [-201,000]
013 SBIR HIGH (SPACE).... 362,504 362,504
014 NUDET DETECTION 4,395 4,395
SYSTEM.
015 SPACE MODS........... 8,642 8,642
016 SPACELIFT RANGE 123,088 123,088
SYSTEM SPACE.
SSPARES
017 INITIAL SPARES/REPAIR 22,606 22,606
PARTS.
TOTAL SPACE 3,055,743 2,825,843
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 18,734 18,734
CARTRIDGES
002 CARTRIDGES........... 220,237 220,237
BOMBS
003 PRACTICE BOMBS....... 97,106 97,106
004 GENERAL PURPOSE BOMBS 581,561 581,561
005 MASSIVE ORDNANCE 3,600 3,600
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 303,988 297,988
MUNITION.
Pricing [-6,000]
adjustment for
increased
quantity.
OTHER ITEMS
007 CAD/PAD.............. 38,890 38,890
008 EXPLOSIVE ORDNANCE 5,714 5,714
DISPOSAL (EOD).
009 SPARES AND REPAIR 740 740
PARTS.
010 MODIFICATIONS........ 573 573
011 ITEMS LESS THAN $5 5,156 5,156
MILLION.
FLARES
012 FLARES............... 134,709 134,709
FUZES
013 FUZES................ 229,252 229,252
SMALL ARMS
014 SMALL ARMS........... 37,459 37,459
TOTAL 1,677,719 1,671,719
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
[[Page 130 STAT. 2821]]
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 14,437 14,437
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 24,812 24,812
VEHICLE.
003 CAP VEHICLES......... 984 984
004 ITEMS LESS THAN $5 11,191 11,191
MILLION.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 5,361 5,361
VEHICLES.
006 ITEMS LESS THAN $5 4,623 4,623
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 12,451 12,451
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 18,114 18,114
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV & 2,310 2,310
CLEANING EQUIP.
010 ITEMS LESS THAN $5 46,868 46,868
MILLION.
COMM SECURITY
EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT..... 72,359 72,359
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 6,982 6,982
EQUIPMENT.
015 INTELLIGENCE COMM 30,504 30,504
EQUIPMENT.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 55,803 55,803
LANDING SYS.
017 NATIONAL AIRSPACE 2,673 2,673
SYSTEM.
018 BATTLE CONTROL 5,677 5,677
SYSTEM--FIXED.
019 THEATER AIR CONTROL 1,163 1,163
SYS IMPROVEMENTS.
020 WEATHER OBSERVATION 21,667 21,667
FORECAST.
021 STRATEGIC COMMAND AND 39,803 39,803
CONTROL.
022 CHEYENNE MOUNTAIN 24,618 24,618
COMPLEX.
023 MISSION PLANNING 15,868 15,868
SYSTEMS.
025 INTEGRATED STRAT PLAN 9,331 9,331
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 41,779 41,779
TECHNOLOGY.
027 AF GLOBAL COMMAND & 15,729 15,729
CONTROL SYS.
028 MOBILITY COMMAND AND 9,814 9,814
CONTROL.
029 AIR FORCE PHYSICAL 99,460 99,460
SECURITY SYSTEM.
030 COMBAT TRAINING 34,850 34,850
RANGES.
031 MINIMUM ESSENTIAL 198,925 198,925
EMERGENCY COMM N.
032 WIDE AREA 6,943 6,943
SURVEILLANCE (WAS).
033 C3 COUNTERMEASURES... 19,580 19,580
034 GCSS-AF FOS.......... 1,743 1,743
036 THEATER BATTLE MGT C2 9,659 9,659
SYSTEM.
037 AIR & SPACE 15,474 15,474
OPERATIONS CTR-WPN
SYS.
038 AIR OPERATIONS CENTER 30,623 15,323
(AOC) 10.2.
Fielding......... [-15,300]
AIR FORCE
COMMUNICATIONS
039 INFORMATION TRANSPORT 40,043 40,043
SYSTEMS.
040 AFNET................ 146,897 146,897
041 JOINT COMMUNICATIONS 5,182 5,182
SUPPORT ELEMENT
(JCSE).
042 USCENTCOM............ 13,418 13,418
ORGANIZATION AND BASE
052 TACTICAL C-E 109,836 109,836
EQUIPMENT.
053 RADIO EQUIPMENT...... 16,266 16,266
054 CCTV/AUDIOVISUAL 7,449 7,449
EQUIPMENT.
055 BASE COMM 109,215 109,215
INFRASTRUCTURE.
MODIFICATIONS
056 COMM ELECT MODS...... 65,700 65,700
PERSONAL SAFETY &
RESCUE EQUIP
058 ITEMS LESS THAN $5 54,416 54,416
MILLION.
DEPOT PLANT+MTRLS
HANDLING EQ
059 MECHANIZED MATERIAL 7,344 7,344
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
060 BASE PROCURED 6,852 6,852
EQUIPMENT.
063 MOBILITY EQUIPMENT... 8,146 8,146
064 ITEMS LESS THAN $5 28,427 28,427
MILLION.
SPECIAL SUPPORT
PROJECTS
[[Page 130 STAT. 2822]]
066 DARP RC135........... 25,287 25,287
067 DCGS-AF.............. 169,201 169,201
069 SPECIAL UPDATE 576,710 576,710
PROGRAM.
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS.. 15,119,705 15,119,705
SPARES AND REPAIR
PARTS
072 SPARES AND REPAIR 15,784 15,784
PARTS.
TOTAL OTHER 17,438,056 17,422,756
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, WHS
037 MAJOR EQUIPMENT, OSD. 29,211 29,211
MAJOR EQUIPMENT, NSA
036 INFORMATION SYSTEMS 4,399 4,399
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
040 MAJOR EQUIPMENT, WHS. 24,979 24,979
MAJOR EQUIPMENT, DISA
006 INFORMATION SYSTEMS 21,347 21,347
SECURITY.
007 TELEPORT PROGRAM..... 50,597 50,597
008 ITEMS LESS THAN $5 10,420 10,420
MILLION.
009 NET CENTRIC 1,634 1,634
ENTERPRISE SERVICES
(NCES).
010 DEFENSE INFORMATION 87,235 87,235
SYSTEM NETWORK.
011 CYBER SECURITY 4,528 4,528
INITIATIVE.
012 WHITE HOUSE 36,846 36,846
COMMUNICATION AGENCY.
013 SENIOR LEADERSHIP 599,391 599,391
ENTERPRISE.
015 JOINT REGIONAL 150,221 150,221
SECURITY STACKS
(JRSS).
MAJOR EQUIPMENT, DLA
017 MAJOR EQUIPMENT...... 2,055 2,055
MAJOR EQUIPMENT, DSS
020 MAJOR EQUIPMENT...... 1,057 1,057
MAJOR EQUIPMENT, DCAA
001 ITEMS LESS THAN $5 2,964 2,964
MILLION.
MAJOR EQUIPMENT, TJS
038 MAJOR EQUIPMENT, TJS. 7,988 7,988
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
023 THAAD................ 369,608 369,608
024 AEGIS BMD............ 463,801 528,801
Increasing BMD [65,000]
capability for
Aegis Ships.
025 BMDS AN/TPY-2 RADARS. 5,503 5,503
026 ARROW UPPER TIER..... 120,000
Increase for [120,000]
Arrow 3
Coproduction
subject to Title
XVI.
027 DAVID'S SLING........ 150,000
Increase for DSWS [150,000]
Coproduction
subject to Title
XVI.
028 AEGIS ASHORE PHASE 57,493 57,493
III.
029 IRON DOME............ 42,000 62,000
Increase for [20,000]
Coproduction of
Iron Dome Tamir
Interceptors
subject to Title
XVI.
030 AEGIS BMD HARDWARE 50,098 50,098
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 14,232 14,232
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
021 VEHICLES............. 200 200
022 OTHER MAJOR EQUIPMENT 6,437 6,437
MAJOR EQUIPMENT,
DODEA
019 AUTOMATION/ 288 288
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 92 92
MAJOR EQUIPMENT,
DMACT
018 MAJOR EQUIPMENT...... 8,060 8,060
CLASSIFIED PROGRAMS
040A CLASSIFIED PROGRAMS.. 568,864 568,864
AVIATION PROGRAMS
042 ROTARY WING UPGRADES 150,396 150,396
AND SUSTAINMENT.
043 UNMANNED ISR......... 21,190 21,190
045 NON-STANDARD AVIATION 4,905 4,905
046 U-28................. 3,970 3,970
[[Page 130 STAT. 2823]]
047 MH-47 CHINOOK........ 25,022 25,022
049 CV-22 MODIFICATION... 19,008 19,008
051 MQ-9 UNMANNED AERIAL 10,598 10,598
VEHICLE.
053 PRECISION STRIKE 213,122 200,072
PACKAGE.
SOCOM requested [-13,050]
transfer.
054 AC/MC-130J........... 73,548 86,598
SOCOM requested [13,050]
transfer.
055 C-130 MODIFICATIONS.. 32,970 32,970
SHIPBUILDING
056 UNDERWATER SYSTEMS... 37,098 37,098
AMMUNITION PROGRAMS
057 ORDNANCE ITEMS 105,267 105,267
<$5M.
OTHER PROCUREMENT
PROGRAMS
058 INTELLIGENCE SYSTEMS. 79,963 79,963
059 DISTRIBUTED COMMON 13,432 13,432
GROUND/SURFACE
SYSTEMS.
060 OTHER ITEMS <$5M.. 66,436 66,436
061 COMBATANT CRAFT 55,820 55,820
SYSTEMS.
062 SPECIAL PROGRAMS..... 107,432 107,432
063 TACTICAL VEHICLES.... 67,849 67,849
064 WARRIOR SYSTEMS 245,781 245,781
<$5M.
065 COMBAT MISSION 19,566 19,566
REQUIREMENTS.
066 GLOBAL VIDEO 3,437 3,437
SURVEILLANCE
ACTIVITIES.
067 OPERATIONAL 17,299 17,299
ENHANCEMENTS
INTELLIGENCE.
069 OPERATIONAL 219,945 219,945
ENHANCEMENTS.
CBDP
070 CHEMICAL BIOLOGICAL 148,203 148,203
SITUATIONAL
AWARENESS.
071 CB PROTECTION & 161,113 161,113
HAZARD MITIGATION.
TOTAL 4,524,918 4,879,918
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,300 0
OPERATIONAL NEEDS
FUND.
Program decrease. [-99,300]
TOTAL JOINT 99,300 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 MISCELLANEOUS 250,000
EQUIPMENT.
Program increase. [250,000]
TOTAL NATIONAL 250,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 101,971,592 102,422,660
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
MODIFICATION OF
AIRCRAFT
015 MULTI SENSOR ABN 21,400 21,400
RECON (MIP).
020 EMARSS SEMA MODS 42,700 42,700
(MIP).
026 RQ-7 UAV MODS........ 1,775 1,775
027 UAS MODS............. 4,420 4,420
GROUND SUPPORT
AVIONICS
030 CMWS................. 56,115 56,115
031 CIRCM................ 108,721 108,721
TOTAL AIRCRAFT 235,131 235,131
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
[[Page 130 STAT. 2824]]
004 HELLFIRE SYS SUMMARY. 305,830 305,830
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 15,567 15,567
SYSTEM SUMMARY.
008 TOW 2 SYSTEM SUMMARY. 80,652 80,652
010 GUIDED MLRS ROCKET 75,991 75,991
(GMLRS).
012 LETHAL MINIATURE 51,277 51,277
AERIAL MISSILE
SYSTEM (LMAMS.
TOTAL MISSILE 529,317 529,317
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
MODIFICATION OF
TRACKED COMBAT
VEHICLES
007 PALADIN INTEGRATED 125,184 125,184
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 5,950 5,950
014 ABRAMS UPGRADE 72,000
PROGRAM.
Army requested [172,000]
realignment (ERI).
Realign APS Unit [-100,000]
Set Requirements
to Base.
WEAPONS & OTHER
COMBAT VEHICLES
017 MORTAR SYSTEMS....... 22,410 22,410
SUPPORT EQUIPMENT &
FACILITIES
036 BRADLEY PROGRAM...... 72,800
Army requested [72,800]
realignment (ERI).
TOTAL 153,544 298,344
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
002 CTG, 7.62MM, ALL 9,642 9,642
TYPES.
004 CTG, .50 CAL, ALL 6,607 6,607
TYPES.
005 CTG, 20MM, ALL TYPES. 1,077 1,077
006 CTG, 25MM, ALL TYPES. 28,534 28,534
007 CTG, 30MM, ALL TYPES. 20,000 20,000
008 CTG, 40MM, ALL TYPES. 7,423 7,423
MORTAR AMMUNITION
009 60MM MORTAR, ALL 10,000 10,000
TYPES.
010 81MM MORTAR, ALL 2,677 2,677
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 8,999 8,999
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
014 ARTILLERY PROJECTILE, 30,348 30,348
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 140 140
RANGE M982.
016 ARTILLERY 29,655 29,655
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
017 MINES & CLEARING 16,866 16,866
CHARGES, ALL TYPES.
NETWORKED MUNITIONS
018 SPIDER NETWORK 10,353 10,353
MUNITIONS, ALL TYPES.
ROCKETS
019 SHOULDER LAUNCHED 63,210 63,210
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 42,851 42,851
TYPES.
OTHER AMMUNITION
022 DEMOLITION MUNITIONS, 6,373 6,373
ALL TYPES.
023 GRENADES, ALL TYPES.. 4,143 4,143
024 SIGNALS, ALL TYPES... 1,852 1,852
MISCELLANEOUS
027 NON-LETHAL 773 773
AMMUNITION, ALL
TYPES.
TOTAL 301,523 301,523
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 4,180 4,180
FLATBED:.
008 FAMILY OF MEDIUM 147,476 147,476
TACTICAL VEH (FMTV).
010 FAMILY OF HEAVY 6,122 6,122
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 106,358 106,358
012 HVY EXPANDED MOBILE 203,766 203,766
TACTICAL TRUCK EXT
SERV.
013 TACTICAL WHEELED 101,154 101,154
VEHICLE PROTECTION
KITS.
014 MODIFICATION OF IN 155,456 155,456
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 9,572 9,572
TACTICAL NETWORK.
COMM--SATELLITE
COMMUNICATIONS
025 SHF TERM............. 24,000 24,000
[[Page 130 STAT. 2825]]
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 1,550 1,550
ARCHITECTURE.
INFORMATION SECURITY
051 COMMUNICATIONS 1,928 1,928
SECURITY (COMSEC).
052 DEFENSIVE CYBER 26,500 26,500
OPERATIONS.
COMM--BASE
COMMUNICATIONS
056 INSTALLATION INFO 20,510 20,510
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
062 DCGS-A (MIP)......... 33,032 33,032
064 TROJAN (MIP)......... 3,305 3,305
066 CI HUMINT AUTO 7,233 7,233
REPRTING AND
COLL(CHARCS).
069 BIOMETRIC TACTICAL 5,670 5,670
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
070 LIGHTWEIGHT COUNTER 25,892 25,892
MORTAR RADAR.
074 FAMILY OF PERSISTENT 11,610 11,610
SURVEILLANCE
CAPABILITIE.
075 COUNTERINTELLIGENCE/ 23,890 23,890
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 INDIRECT FIRE 76,270 76,270
PROTECTION FAMILY OF
SYSTEMS.
089 MORTAR FIRE CONTROL 2,572 2,572
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 AIR & MSL DEFENSE 69,958 69,958
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
102 AUTOMATED DATA 9,900 9,900
PROCESSING EQUIP.
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
108 ITEMS LESS THAN $5M 96 96
(SURVEYING
EQUIPMENT).
CHEMICAL DEFENSIVE
EQUIPMENT
114 CBRN DEFENSE......... 1,841 1,841
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING.... 26,000 26,000
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 268 268
SYSTEMS.
128 FAMILY OF BOATS AND 280 280
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 894 894
134 FORCE PROVIDER....... 53,800 53,800
135 FIELD FEEDING 2,665 2,665
EQUIPMENT.
136 CARGO AERIAL DEL & 2,400 2,400
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 9,789 9,789
AND CONSTRUCTION
SETS.
138 ITEMS LESS THAN $5M 300 300
(ENG SPT).
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,800 4,800
EQUIPMENT.
140 DISTRIBUTION SYSTEMS, 78,240 78,240
PETROLEUM & WATER.
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 5,763 5,763
MEDICAL.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 1,609 1,609
EQUIPMENT SYSTEMS.
143 ITEMS LESS THAN $5.0M 145 145
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 3,047 3,047
HVY, 6X4 (CCE).
148 TRACTOR, FULL TRACKED 4,426 4,426
151 HIGH MOBILITY 2,900 2,900
ENGINEER EXCAVATOR
(HMEE).
155 ITEMS LESS THAN $5.0M 96 96
(CONST EQUIP).
GENERATORS
158 GENERATORS AND 21,861 21,861
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 846 846
TEST MEASURE AND DIG
EQUIPMENT (TMD)
168 TEST EQUIPMENT 1,140 1,140
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
170 RAPID EQUIPPING 8,500 8,500
SOLDIER SUPPORT
EQUIPMENT.
TOTAL OTHER 1,309,610 1,309,610
PROCUREMENT,
ARMY.
JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 332,000 332,000
THREAT RESPONSE.
STAFF AND
INFRASTRUCTURE
002 MISSION ENABLERS..... 62,800 62,800
[[Page 130 STAT. 2826]]
TOTAL JOINT 394,800 394,800
IMPROVISED-
THREAT DEFEAT
FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 184,912 184,912
HORNET.
OTHER AIRCRAFT
026 STUASL0 UAV.......... 70,000 70,000
MODIFICATION OF
AIRCRAFT
037 EP-3 SERIES.......... 7,505 7,505
047 SPECIAL PROJECT 14,869 14,869
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 70,780 70,780
059 V-22 (TILT/ROTOR 8,740 8,740
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR 1,500 1,500
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
065 AIRCRAFT INDUSTRIAL 524 524
FACILITIES.
TOTAL AIRCRAFT 358,830 358,830
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
010 HELLFIRE............. 8,600 8,600
TOTAL WEAPONS 8,600 8,600
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 40,366 40,366
002 AIRBORNE ROCKETS, ALL 8,860 8,860
TYPES.
006 AIR EXPENDABLE 7,060 7,060
COUNTERMEASURES.
013 PYROTECHNIC AND 1,122 1,122
DEMOLITION.
014 AMMUNITION LESS THAN 3,495 3,495
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 1,205 1,205
017 40 MM, ALL TYPES..... 539 539
018 60MM, ALL TYPES...... 909 909
020 120MM, ALL TYPES..... 530 530
022 ROCKETS, ALL TYPES... 469 469
023 ARTILLERY, ALL TYPES. 1,196 1,196
024 DEMOLITION MUNITIONS, 261 261
ALL TYPES.
025 FUZE, ALL TYPES...... 217 217
TOTAL 66,229 66,229
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHORE
ELECTRONIC EQUIPMENT
081 DCGS-N............... 12,000 12,000
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 40,000 40,000
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
124 FIRE FIGHTING 630 630
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
133 FIRST DESTINATION 25 25
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
137 COMMAND SUPPORT 10,562 10,562
EQUIPMENT.
139 MEDICAL SUPPORT 5,000 5,000
EQUIPMENT.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS.. 1,660 1,660
TOTAL OTHER 69,877 69,877
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
ARTILLERY AND OTHER
WEAPONS
006 WEAPONS AND COMBAT 572 572
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
010 JAVELIN.............. 1,606 1,606
OTHER SUPPORT (TEL)
018 MODIFICATION KITS.... 2,600 2,600
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 ITEMS UNDER $5 2,200 2,200
MILLION (COMM &
ELEC).
[[Page 130 STAT. 2827]]
INTELL/COMM EQUIPMENT
(NON-TEL)
026 INTELLIGENCE SUPPORT 20,981 20,981
EQUIPMENT.
029 RQ-11 UAV............ 3,817 3,817
OTHER SUPPORT (NON-
TEL)
035 COMMON COMPUTER 2,600 2,600
RESOURCES.
037 RADIO SYSTEMS........ 9,563 9,563
ENGINEER AND OTHER
EQUIPMENT
053 EOD SYSTEMS.......... 75,000 75,000
TOTAL 118,939 118,939
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRLIFT
004 C-130J............... 73,000 73,000
OTHER AIRCRAFT
015 MQ-9................. 273,600 186,600
Air Force [-87,000]
requested
transfer to line
61 for spares.
STRATEGIC AIRCRAFT
019 LARGE AIRCRAFT 135,801 135,801
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
020 A-10................. 23,850 23,850
OTHER AIRCRAFT
047 E-3.................. 6,600 6,600
056 HC/MC-130 13,550 13,550
MODIFICATIONS.
057 OTHER AIRCRAFT....... 7,500 7,500
059 MQ-9 MODS............ 112,068 112,068
AIRCRAFT SPARES AND
REPAIR PARTS
061 INITIAL SPARES/REPAIR 25,600 87,000
PARTS.
Air Force [87,000]
requested
transfer from
line 15 for
spares.
Compass Call [-25,600]
Program
Restructure.
OTHER PRODUCTION
CHARGES
077 OTHER PRODUCTION 8,400 8,400
CHARGES.
TOTAL AIRCRAFT 679,969 654,369
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
006 PREDATOR HELLFIRE 145,125 145,125
MISSILE.
CLASS IV
011 AGM-65D MAVERICK..... 9,720 9,720
TOTAL MISSILE 154,845 154,845
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
CARTRIDGES
002 CARTRIDGES........... 9,830 9,830
BOMBS
004 GENERAL PURPOSE BOMBS 7,921 7,921
006 JOINT DIRECT ATTACK 140,126 130,876
MUNITION.
Pricing [-9,250]
adjustment.
FLARES
012 FLARES............... 6,531 6,531
TOTAL 164,408 155,158
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,003 2,003
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 9,066 9,066
VEHICLE.
004 ITEMS LESS THAN $5 12,264 12,264
MILLION.
SPECIAL PURPOSE
VEHICLES
006 ITEMS LESS THAN $5 16,789 16,789
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 48,590 48,590
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 2,366 2,366
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV & 6,468 6,468
CLEANING EQUIP.
010 ITEMS LESS THAN $5 9,271 9,271
MILLION.
[[Page 130 STAT. 2828]]
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 42,650 42,650
LANDING SYS.
SPCL COMM-ELECTRONICS
PROJECTS
029 AIR FORCE PHYSICAL 7,500 7,500
SECURITY SYSTEM.
033 C3 COUNTERMEASURES... 620 620
ORGANIZATION AND BASE
052 TACTICAL C-E 8,100 8,100
EQUIPMENT.
MODIFICATIONS
056 COMM ELECT MODS...... 3,800 3,800
BASE SUPPORT
EQUIPMENT
061 ENGINEERING AND EOD 53,900 53,900
EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
067 DCGS-AF.............. 800 800
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS.. 3,609,978 3,609,978
TOTAL OTHER 3,834,165 3,834,165
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
007 TELEPORT PROGRAM..... 1,900 1,900
CLASSIFIED PROGRAMS
040A CLASSIFIED PROGRAMS.. 32,482 32,482
AVIATION PROGRAMS
041 MC-12................ 5,000 5,000
043 UNMANNED ISR......... 11,880 11,880
046 U-28................. 38,283 38,283
AMMUNITION PROGRAMS
057 ORDNANCE ITEMS 52,504 52,504
<$5M.
OTHER PROCUREMENT
PROGRAMS
058 INTELLIGENCE SYSTEMS. 22,000 22,000
060 OTHER ITEMS <$5M.. 11,580 11,580
062 SPECIAL PROGRAMS..... 13,549 13,549
063 TACTICAL VEHICLES.... 3,200 3,200
069 OPERATIONAL 42,056 22,806
ENHANCEMENTS.
Classified [-19,250]
adjustment.
TOTAL 234,434 215,184
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 8,614,221 8,704,921
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE
REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
ROTARY
006 AH-64 APACHE BLOCK 78,040 78,040
IIIA REMAN.
TOTAL AIRCRAFT 78,040 78,040
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 150,000 150,000
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 104,200
SYSTEM SUMMARY.
Army unfunded [104,200]
requirement.
010 GUIDED MLRS ROCKET 76,000
(GMLRS).
Army unfunded [76,000]
requirement.
MODIFICATIONS
014 ATACMS MODS.......... 15,900
Army unfunded [15,900]
requirement.
TOTAL MISSILE 150,000 346,100
PROCUREMENT,
ARMY.
[[Page 130 STAT. 2829]]
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 4,000
TYPES.
Army unfunded [4,000]
requirement.
002 CTG, 7.62MM, ALL 14,000
TYPES.
Army unfunded [14,000]
requirement.
003 CTG, HANDGUN, ALL 9,000
TYPES.
Army unfunded [9,000]
requirement.
004 CTG, .50 CAL, ALL 20,000
TYPES.
Army unfunded [20,000]
requirement.
005 CTG, 20MM, ALL TYPES. 14,000
Army unfunded [14,000]
requirement.
007 CTG, 30MM, ALL TYPES. 8,200
Army unfunded [8,200]
requirement.
MORTAR AMMUNITION
011 120MM MORTAR, ALL 30,000
TYPES.
Army unfunded [30,000]
requirement.
TANK AMMUNITION
012 CARTRIDGES, TANK, 35,000
105MM AND 120MM, ALL
TYPES.
Army unfunded [35,000]
requirement.
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 23,500
RANGE M982.
Army unfunded [23,500]
requirement.
016 ARTILLERY 10,000
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Army unfunded [10,000]
requirement.
ROCKETS
019 SHOULDER LAUNCHED 30,000
MUNITIONS, ALL TYPES.
Army unfunded [30,000]
requirement.
020 ROCKET, HYDRA 70, ALL 42,500
TYPES.
Army unfunded [27,500]
requirement.
Army unfunded [15,000]
requirement-
guided hydra
rockets.
TOTAL 240,200
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
008 FAMILY OF MEDIUM 152,000 152,000
TACTICAL VEH (FMTV).
GENERATORS
158 GENERATORS AND 9,900 9,900
ASSOCIATED EQUIP.
TOTAL OTHER 161,900 161,900
PROCUREMENT,
ARMY.
JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 113,272 113,272
THREAT RESPONSE.
TOTAL JOINT 113,272 113,272
IMPROVISED-
THREAT DEFEAT
FUND.
AIRCRAFT PROCUREMENT,
NAVY
MODIFICATION OF
AIRCRAFT
035 SH-60 SERIES......... 3,000 3,000
036 H-1 SERIES........... 3,740 3,740
051 COMMON ECM EQUIPMENT. 27,460 27,460
TOTAL AIRCRAFT 34,200 34,200
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
STRATEGIC MISSILES
003 TOMAHAWK............. 84,200
Scope Increase... [84,200]
TACTICAL MISSILES
005 SIDEWINDER........... 33,000
Navy unfunded [33,000]
requirement.
TOTAL WEAPONS 117,200
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 58,000
Navy unfunded [58,000]
requirement--JDAM
components.
[[Page 130 STAT. 2830]]
MARINE CORPS
AMMUNITION
023 ARTILLERY, ALL TYPES. 19,200
Marine Corps [19,200]
unfunded
requirement-
GMLRS AW
munitions.
TOTAL 77,200
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 59,329 59,329
DISPOSAL EQUIP.
TOTAL OTHER 59,329 59,329
PROCUREMENT,
NAVY.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
015 MQ-9................. 179,430 179,430
TOTAL AIRCRAFT 179,430 179,430
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
007 SMALL DIAMETER BOMB.. 167,800 167,800
CLASS IV
011 AGM-65D MAVERICK..... 16,900 16,900
TOTAL MISSILE 184,700 184,700
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 60,000 60,000
BOMBS
006 JOINT DIRECT ATTACK 263,000 263,000
MUNITION.
TOTAL 323,000 323,000
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
007 TELEPORT PROGRAM..... 2,000 2,000
016 DEFENSE INFORMATION 2,000 2,000
SYSTEMS NETWORK.
TOTAL 4,000 4,000
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 1,287,871 1,918,571
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
Program FY 2017 Conference
Line Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... BASIC RESEARCH
001 0601101A IN-HOUSE 12,381 12,381
LABORATORY
INDEPENDENT
RESEARCH.
002 0601102A DEFENSE RESEARCH 253,116 253,116
SCIENCES.
003 0601103A UNIVERSITY 69,166 69,166
RESEARCH
INITIATIVES.
004 0601104A UNIVERSITY AND 94,280 94,280
INDUSTRY
RESEARCH
CENTERS.
............... SUBTOTAL 428,943 428,943
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
005 0602105A MATERIALS 31,533 37,033
TECHNOLOGY.
............... Ground [5,500]
vehicle
coating
system.
006 0602120A SENSORS AND 36,109 38,109
ELECTRONIC
SURVIVABILITY.
............... Program [2,000]
increase.
[[Page 130 STAT. 2831]]
007 0602122A TRACTOR HIP..... 6,995 6,995
008 0602211A AVIATION 65,914 65,914
TECHNOLOGY.
009 0602270A ELECTRONIC 25,466 25,466
WARFARE
TECHNOLOGY.
010 0602303A MISSILE 44,313 44,313
TECHNOLOGY.
011 0602307A ADVANCED WEAPONS 28,803 28,803
TECHNOLOGY.
012 0602308A ADVANCED 27,688 27,688
CONCEPTS AND
SIMULATION.
013 0602601A COMBAT VEHICLE 67,959 67,959
AND AUTOMOTIVE
TECHNOLOGY.
014 0602618A BALLISTICS 85,436 85,436
TECHNOLOGY.
015 0602622A CHEMICAL, SMOKE 3,923 3,923
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 5,545 5,545
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 53,581 53,581
MUNITIONS
TECHNOLOGY.
018 0602705A ELECTRONICS AND 56,322 56,322
ELECTRONIC
DEVICES.
019 0602709A NIGHT VISION 36,079 36,079
TECHNOLOGY.
020 0602712A COUNTERMINE 26,497 26,497
SYSTEMS.
021 0602716A HUMAN FACTORS 23,671 23,671
ENGINEERING
TECHNOLOGY.
022 0602720A ENVIRONMENTAL 22,151 22,151
QUALITY
TECHNOLOGY.
023 0602782A COMMAND, 37,803 37,803
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 13,811 13,811
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 67,416 67,416
ENGINEERING
TECHNOLOGY.
026 0602785A MANPOWER/ 26,045 26,045
PERSONNEL/
TRAINING
TECHNOLOGY.
027 0602786A WARFIGHTER 37,403 42,403
TECHNOLOGY.
............... Program [5,000]
Increase.
028 0602787A MEDICAL 77,111 77,111
TECHNOLOGY.
............... SUBTOTAL 907,574 920,074
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 38,831 38,831
ADVANCED
TECHNOLOGY.
030 0603002A MEDICAL ADVANCED 68,365 68,365
TECHNOLOGY.
031 0603003A AVIATION 94,280 94,280
ADVANCED
TECHNOLOGY.
032 0603004A WEAPONS AND 68,714 68,714
MUNITIONS
ADVANCED
TECHNOLOGY.
033 0603005A COMBAT VEHICLE 122,132 152,132
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
............... Emerging [30,000]
requirement.
034 0603006A SPACE 3,904 3,904
APPLICATION
ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, 14,417 14,417
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE.... 8,074 21,374
............... Classified [13,300]
adjustment.
038 0603015A NEXT GENERATION 18,969 18,969
TRAINING &
SIMULATION
SYSTEMS.
039 0603020A TRACTOR ROSE.... 11,910 11,910
040 0603125A COMBATING 27,686 27,686
TERRORISM--TECH
NOLOGY
DEVELOPMENT.
041 0603130A TRACTOR NAIL.... 2,340 2,340
042 0603131A TRACTOR EGGS.... 2,470 2,470
043 0603270A ELECTRONIC 27,893 27,893
WARFARE
TECHNOLOGY.
044 0603313A MISSILE AND 52,190 52,190
ROCKET ADVANCED
TECHNOLOGY.
045 0603322A TRACTOR CAGE.... 11,107 11,107
046 0603461A HIGH PERFORMANCE 177,190 179,190
COMPUTING
MODERNIZATION
PROGRAM.
............... Program [2,000]
increase.
047 0603606A LANDMINE WARFARE 17,451 17,451
AND BARRIER
ADVANCED
TECHNOLOGY.
048 0603607A JOINT SERVICE 5,839 5,839
SMALL ARMS
PROGRAM.
049 0603710A NIGHT VISION 44,468 44,468
ADVANCED
TECHNOLOGY.
050 0603728A ENVIRONMENTAL 11,137 11,137
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
051 0603734A MILITARY 20,684 20,684
ENGINEERING
ADVANCED
TECHNOLOGY.
052 0603772A ADVANCED 44,239 44,239
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
053 0603794A C3 ADVANCED 35,775 35,775
TECHNOLOGY.
[[Page 130 STAT. 2832]]
............... SUBTOTAL 930,065 975,365
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
054 0603305A ARMY MISSLE 9,433 9,433
DEFENSE SYSTEMS
INTEGRATION.
055 0603308A ARMY SPACE 23,056 23,056
SYSTEMS
INTEGRATION.
056 0603619A LANDMINE WARFARE 72,117 72,117
AND BARRIER--
ADV DEV.
057 0603627A SMOKE, OBSCURANT 28,244 28,244
AND TARGET
DEFEATING SYS-
ADV DEV.
058 0603639A TANK AND MEDIUM 40,096 40,096
CALIBER
AMMUNITION.
059 0603747A SOLDIER SUPPORT 10,506 10,506
AND
SURVIVABILITY.
060 0603766A TACTICAL 15,730 15,730
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
061 0603774A NIGHT VISION 10,321 10,321
SYSTEMS
ADVANCED
DEVELOPMENT.
062 0603779A ENVIRONMENTAL 7,785 7,785
QUALITY
TECHNOLOGY--DEM/
VAL.
063 0603790A NATO RESEARCH 2,300 2,300
AND DEVELOPMENT.
064 0603801A AVIATION--ADV 10,014 10,014
DEV.
065 0603804A LOGISTICS AND 20,834 20,834
ENGINEER
EQUIPMENT--ADV
DEV.
066 0603807A MEDICAL SYSTEMS-- 33,503 33,503
ADV DEV.
067 0603827A SOLDIER SYSTEMS-- 31,120 40,520
ADVANCED
DEVELOPMENT.
............... Accelerate [9,400]
small arms
improvement.
068 0604100A ANALYSIS OF 6,608 6,608
ALTERNATIVES.
069 0604114A LOWER TIER AIR 35,132 35,132
MISSILE DEFENSE
(LTAMD) SENSOR.
070 0604115A TECHNOLOGY 70,047 61,038
MATURATION
INITIATIVES.
............... Excess [-9,009]
growth.
071 0604120A ASSURED 83,279 83,279
POSITIONING,
NAVIGATION AND
TIMING (PNT).
073 0305251A CYBERSPACE 40,510 30,510
OPERATIONS
FORCES AND
FORCE SUPPORT.
............... Inadequate [-10,000]
justificatio
n.
............... SUBTOTAL 550,635 541,026
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
074 0604201A AIRCRAFT 83,248 83,248
AVIONICS.
075 0604270A ELECTRONIC 34,642 34,642
WARFARE
DEVELOPMENT.
077 0604290A MID-TIER 12,172 12,172
NETWORKING
VEHICULAR RADIO
(MNVR).
078 0604321A ALL SOURCE 3,958 3,958
ANALYSIS SYSTEM.
079 0604328A TRACTOR CAGE.... 12,525 12,525
080 0604601A INFANTRY SUPPORT 66,943 66,943
WEAPONS.
082 0604611A JAVELIN......... 20,011 20,011
083 0604622A FAMILY OF HEAVY 11,429 11,429
TACTICAL
VEHICLES.
084 0604633A AIR TRAFFIC 3,421 3,421
CONTROL.
085 0604641A TACTICAL 39,282 39,282
UNMANNED GROUND
VEHICLE (TUGV).
086 0604642A LIGHT TACTICAL 494 494
WHEELED
VEHICLES.
087 0604645A ARMORED SYSTEMS 9,678 9,678
MODERNIZATION
(ASM)--ENG DEV.
088 0604710A NIGHT VISION 84,519 84,519
SYSTEMS--ENG
DEV.
089 0604713A COMBAT FEEDING, 2,054 2,054
CLOTHING, AND
EQUIPMENT.
090 0604715A NON-SYSTEM 30,774 30,774
TRAINING
DEVICES--ENG
DEV.
091 0604741A AIR DEFENSE 53,332 61,332
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
............... Program [8,000]
increase-
all digital
radar
technology
for CRAM.
092 0604742A CONSTRUCTIVE 17,887 17,887
SIMULATION
SYSTEMS
DEVELOPMENT.
093 0604746A AUTOMATIC TEST 8,813 8,813
EQUIPMENT
DEVELOPMENT.
094 0604760A DISTRIBUTIVE 10,487 10,487
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
095 0604780A COMBINED ARMS 15,068 15,068
TACTICAL
TRAINER (CATT)
CORE.
[[Page 130 STAT. 2833]]
096 0604798A BRIGADE 89,716 89,716
ANALYSIS,
INTEGRATION AND
EVALUATION.
097 0604802A WEAPONS AND 80,365 80,365
MUNITIONS--ENG
DEV.
098 0604804A LOGISTICS AND 75,098 86,198
ENGINEER
EQUIPMENT--ENG
DEV.
............... Program [11,100]
Increase-
next
generation
signature
management.
099 0604805A COMMAND, 4,245 4,245
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
100 0604807A MEDICAL MATERIEL/ 41,124 41,124
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
101 0604808A LANDMINE WARFARE/ 39,630 39,630
BARRIER--ENG
DEV.
102 0604818A ARMY TACTICAL 205,590 205,590
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
103 0604820A RADAR 15,983 15,983
DEVELOPMENT.
104 0604822A GENERAL FUND 6,805 6,805
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
105 0604823A FIREFINDER...... 9,235 9,235
106 0604827A SOLDIER SYSTEMS-- 12,393 12,393
WARRIOR DEM/VAL.
107 0604854A ARTILLERY 1,756 1,756
SYSTEMS--EMD.
108 0605013A INFORMATION 74,236 74,236
TECHNOLOGY
DEVELOPMENT.
109 0605018A INTEGRATED 155,584 144,584
PERSONNEL AND
PAY SYSTEM-ARMY
(IPPS-A).
............... Unjustified [-11,000]
growth.
110 0605028A ARMORED MULTI- 184,221 184,221
PURPOSE VEHICLE
(AMPV).
111 0605029A INTEGRATED 4,980 4,980
GROUND SECURITY
SURVEILLANCE
RESPONSE
CAPABILITY
(IGSSR-C).
112 0605030A JOINT TACTICAL 15,041 15,041
NETWORK CENTER
(JTNC).
113 0605031A JOINT TACTICAL 16,014 16,014
NETWORK (JTN).
114 0605032A TRACTOR TIRE.... 27,254 27,254
115 0605033A GROUND-BASED 5,032 5,032
OPERATIONAL
SURVEILLANCE
SYSTEM--EXPEDIT
IONARY (GBOSS-
E).
116 0605034A TACTICAL 2,904 2,904
SECURITY SYSTEM
(TSS).
117 0605035A COMMON INFRARED 96,977 96,977
COUNTERMEASURES
(CIRCM).
118 0605036A COMBATING 2,089 2,089
WEAPONS OF MASS
DESTRUCTION
(CWMD).
119 0605041A DEFENSIVE CYBER 33,836 33,836
TOOL
DEVELOPMENT.
120 0605042A TACTICAL NETWORK 18,824 18,824
RADIO SYSTEMS
(LOW-TIER).
121 0605047A CONTRACT WRITING 20,663 20,663
SYSTEM.
122 0605051A AIRCRAFT 41,133 41,133
SURVIVABILITY
DEVELOPMENT.
123 0605052A INDIRECT FIRE 83,995 83,995
PROTECTION
CAPABILITY INC
2--BLOCK 1.
125 0605380A AMF JOINT 5,028 5,028
TACTICAL RADIO
SYSTEM (JTRS).
126 0605450A JOINT AIR-TO- 42,972 42,972
GROUND MISSILE
(JAGM).
128 0605457A ARMY INTEGRATED 252,811 252,811
AIR AND MISSILE
DEFENSE (AIAMD).
131 0605766A NATIONAL 4,955 4,955
CAPABILITIES
INTEGRATION
(MIP).
132 0605812A JOINT LIGHT 11,530 11,530
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
133 0605830A AVIATION GROUND 2,142 2,142
SUPPORT
EQUIPMENT.
134 0210609A PALADIN 41,498 41,498
INTEGRATED
MANAGEMENT
(PIM).
135 0303032A TROJAN--RH12.... 4,273 4,273
136 0304270A ELECTRONIC 14,425 14,425
WARFARE
DEVELOPMENT.
............... SUBTOTAL 2,265,094 2,273,194
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
137 0604256A THREAT SIMULATOR 25,675 25,675
DEVELOPMENT.
138 0604258A TARGET SYSTEMS 19,122 19,122
DEVELOPMENT.
139 0604759A MAJOR T&E 84,777 84,777
INVESTMENT.
140 0605103A RAND ARROYO 20,658 20,658
CENTER.
141 0605301A ARMY KWAJALEIN 236,648 236,648
ATOLL.
142 0605326A CONCEPTS 25,596 25,596
EXPERIMENTATION
PROGRAM.
144 0605601A ARMY TEST RANGES 293,748 293,748
AND FACILITIES.
[[Page 130 STAT. 2834]]
145 0605602A ARMY TECHNICAL 52,404 52,404
TEST
INSTRUMENTATION
AND TARGETS.
146 0605604A SURVIVABILITY/ 38,571 38,571
LETHALITY
ANALYSIS.
147 0605606A AIRCRAFT 4,665 4,665
CERTIFICATION.
148 0605702A METEOROLOGICAL 6,925 6,925
SUPPORT TO
RDT&E
ACTIVITIES.
149 0605706A MATERIEL SYSTEMS 21,677 21,677
ANALYSIS.
150 0605709A EXPLOITATION OF 12,415 12,415
FOREIGN ITEMS.
151 0605712A SUPPORT OF 49,684 49,684
OPERATIONAL
TESTING.
152 0605716A ARMY EVALUATION 55,905 55,905
CENTER.
153 0605718A ARMY MODELING & 7,959 7,959
SIM X-CMD
COLLABORATION &
INTEG.
154 0605801A PROGRAMWIDE 51,822 51,822
ACTIVITIES.
155 0605803A TECHNICAL 33,323 33,323
INFORMATION
ACTIVITIES.
156 0605805A MUNITIONS 40,545 40,545
STANDARDIZATION
, EFFECTIVENESS
AND SAFETY.
157 0605857A ENVIRONMENTAL 2,130 2,130
QUALITY
TECHNOLOGY MGMT
SUPPORT.
158 0605898A MANAGEMENT HQ-- 49,885 49,885
R&D.
159 0303260A DEFENSE MILITARY 2,000 2,000
DECEPTION
INITIATIVE.
............... SUBTOTAL 1,136,134 1,136,134
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
161 0603778A MLRS PRODUCT 9,663 9,663
IMPROVEMENT
PROGRAM.
162 0603813A TRACTOR PULL.... 3,960 3,960
163 0605024A ANTI-TAMPER 3,638 3,638
TECHNOLOGY
SUPPORT.
164 0607131A WEAPONS AND 14,517 14,517
MUNITIONS
PRODUCT
IMPROVEMENT
PROGRAMS.
165 0607133A TRACTOR SMOKE... 4,479 4,479
166 0607134A LONG RANGE 39,275 39,275
PRECISION FIRES
(LRPF).
167 0607135A APACHE PRODUCT 66,441 66,441
IMPROVEMENT
PROGRAM.
168 0607136A BLACKHAWK 46,765 46,765
PRODUCT
IMPROVEMENT
PROGRAM.
169 0607137A CHINOOK PRODUCT 91,848 91,848
IMPROVEMENT
PROGRAM.
170 0607138A FIXED WING 796 796
PRODUCT
IMPROVEMENT
PROGRAM.
171 0607139A IMPROVED TURBINE 126,105 126,105
ENGINE PROGRAM.
172 0607140A EMERGING 2,369 2,369
TECHNOLOGIES
FROM NIE.
173 0607141A LOGISTICS 4,563 4,563
AUTOMATION.
174 0607665A FAMILY OF 12,098 12,098
BIOMETRICS.
175 0607865A PATRIOT PRODUCT 49,482 49,482
IMPROVEMENT.
176 0202429A AEROSTAT JOINT 45,482 2,482
PROJECT--COCOM
EXERCISE.
............... Program [-43,000]
reduction.
178 0203728A JOINT AUTOMATED 30,455 30,455
DEEP OPERATION
COORDINATION
SYSTEM (JADOCS).
179 0203735A COMBAT VEHICLE 316,857 316,857
IMPROVEMENT
PROGRAMS.
180 0203740A MANEUVER CONTROL 4,031 4,031
SYSTEM.
181 0203744A AIRCRAFT 35,793 35,793
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
182 0203752A AIRCRAFT ENGINE 259 259
COMPONENT
IMPROVEMENT
PROGRAM.
183 0203758A DIGITIZATION.... 6,483 6,483
184 0203801A MISSILE/AIR 5,122 5,122
DEFENSE PRODUCT
IMPROVEMENT
PROGRAM.
185 0203802A OTHER MISSILE 7,491 7,491
PRODUCT
IMPROVEMENT
PROGRAMS.
186 0203808A TRACTOR CARD.... 20,333 20,333
188 0205410A MATERIALS 124 124
HANDLING
EQUIPMENT.
190 0205456A LOWER TIER AIR 69,417 69,417
AND MISSILE
DEFENSE (AMD)
SYSTEM.
191 0205778A GUIDED MULTIPLE- 22,044 22,044
LAUNCH ROCKET
SYSTEM (GMLRS).
192 0208053A JOINT TACTICAL 12,649 12,649
GROUND SYSTEM.
194 0303028A SECURITY AND 11,619 11,619
INTELLIGENCE
ACTIVITIES.
195 0303140A INFORMATION 38,280 38,280
SYSTEMS
SECURITY
PROGRAM.
196 0303141A GLOBAL COMBAT 27,223 27,223
SUPPORT SYSTEM.
197 0303142A SATCOM GROUND 18,815 18,815
ENVIRONMENT
(SPACE).
198 0303150A WWMCCS/GLOBAL 4,718 4,718
COMMAND AND
CONTROL SYSTEM.
[[Page 130 STAT. 2835]]
202 0305204A TACTICAL 8,218 8,218
UNMANNED AERIAL
VEHICLES.
203 0305206A AIRBORNE 11,799 11,799
RECONNAISSANCE
SYSTEMS.
204 0305208A DISTRIBUTED 32,284 32,284
COMMON GROUND/
SURFACE SYSTEMS.
205 0305219A MQ-1C GRAY EAGLE 13,470 13,470
UAS.
206 0305232A RQ-11 UAV....... 1,613 1,613
207 0305233A RQ-7 UAV........ 4,597 4,597
209 0310349A WIN-T INCREMENT 4,867 4,867
2--INITIAL
NETWORKING.
210 0708045A END ITEM 62,287 62,287
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
210A 9999999999 CLASSIFIED 4,625 4,625
PROGRAMS.
............... SUBTOTAL 1,296,954 1,253,954
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 7,515,399 7,528,690
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... BASIC RESEARCH
001 0601103N UNIVERSITY 101,714 121,714
RESEARCH
INITIATIVES.
............... Program [20,000]
increase.
002 0601152N IN-HOUSE 18,508 18,508
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE RESEARCH 422,748 422,748
SCIENCES.
............... SUBTOTAL 542,970 562,970
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602114N POWER PROJECTION 41,371 41,371
APPLIED
RESEARCH.
005 0602123N FORCE PROTECTION 158,745 158,745
APPLIED
RESEARCH.
006 0602131M MARINE CORPS 51,590 51,590
LANDING FORCE
TECHNOLOGY.
007 0602235N COMMON PICTURE 41,185 41,185
APPLIED
RESEARCH.
008 0602236N WARFIGHTER 45,467 45,467
SUSTAINMENT
APPLIED
RESEARCH.
009 0602271N ELECTROMAGNETIC 118,941 118,941
SYSTEMS APPLIED
RESEARCH.
010 0602435N OCEAN 42,618 72,618
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
............... Service Life [30,000]
Extension
Program--AGO
R.
011 0602651M JOINT NON-LETHAL 6,327 6,327
WEAPONS APPLIED
RESEARCH.
012 0602747N UNDERSEA WARFARE 126,313 126,313
APPLIED
RESEARCH.
013 0602750N FUTURE NAVAL 165,103 165,103
CAPABILITIES
APPLIED
RESEARCH.
014 0602782N MINE AND 33,916 33,916
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
015 0602898N SCIENCE AND 29,575 29,575
TECHNOLOGY
MANAGEMENT--ONR
HEADQUARTERS.
............... SUBTOTAL 861,151 891,151
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
016 0603114N POWER PROJECTION 96,406 96,406
ADVANCED
TECHNOLOGY.
017 0603123N FORCE PROTECTION 48,438 48,438
ADVANCED
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC 26,421 26,421
SYSTEMS
ADVANCED
TECHNOLOGY.
019 0603640M USMC ADVANCED 140,416 140,416
TECHNOLOGY
DEMONSTRATION
(ATD).
020 0603651M JOINT NON-LETHAL 13,117 13,117
WEAPONS
TECHNOLOGY
DEVELOPMENT.
021 0603673N FUTURE NAVAL 249,092 247,092
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
............... Capable [-2,000]
manpower,
and power
and energy.
022 0603680N MANUFACTURING 56,712 56,712
TECHNOLOGY
PROGRAM.
023 0603729N WARFIGHTER 4,789 4,789
PROTECTION
ADVANCED
TECHNOLOGY.
024 0603747N UNDERSEA WARFARE 25,880 25,880
ADVANCED
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING 60,550 60,550
EXPERIMENTS AND
DEMONSTRATIONS.
[[Page 130 STAT. 2836]]
026 0603782N MINE AND 15,167 15,167
EXPEDITIONARY
WARFARE
ADVANCED
TECHNOLOGY.
............... SUBTOTAL 736,988 734,988
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
027 0603207N AIR/OCEAN 48,536 48,536
TACTICAL
APPLICATIONS.
028 0603216N AVIATION 5,239 5,239
SURVIVABILITY.
030 0603251N AIRCRAFT SYSTEMS 1,519 1,519
031 0603254N ASW SYSTEMS 7,041 7,041
DEVELOPMENT.
032 0603261N TACTICAL 3,274 3,274
AIRBORNE
RECONNAISSANCE.
033 0603382N ADVANCED COMBAT 57,034 15,496
SYSTEMS
TECHNOLOGY.
............... Rapid [-30,267]
prototype
development
excess
growth.
............... Unmanned [-11,271]
rapid
prototype
development
excess
growth.
034 0603502N SURFACE AND 165,775 143,548
SHALLOW WATER
MINE
COUNTERMEASURES.
............... Excess prior [-1,500]
year funds.
............... LDUUV [-13,800]
product
development
excess
growth.
............... USV with AQS- [-5,750]
20 product
development
excess
growth.
............... USV with AQS- [-1,177]
20 support
excess
growth.
035 0603506N SURFACE SHIP 87,066 87,066
TORPEDO DEFENSE.
036 0603512N CARRIER SYSTEMS 7,605 7,605
DEVELOPMENT.
037 0603525N PILOT FISH...... 132,068 132,068
038 0603527N RETRACT LARCH... 14,546 14,546
039 0603536N RETRACT JUNIPER. 115,435 115,435
040 0603542N RADIOLOGICAL 702 702
CONTROL.
041 0603553N SURFACE ASW..... 1,081 1,081
042 0603561N ADVANCED 100,565 100,565
SUBMARINE
SYSTEM
DEVELOPMENT.
043 0603562N SUBMARINE 8,782 8,782
TACTICAL
WARFARE SYSTEMS.
044 0603563N SHIP CONCEPT 14,590 14,590
ADVANCED DESIGN.
045 0603564N SHIP PRELIMINARY 15,805 15,805
DESIGN &
FEASIBILITY
STUDIES.
046 0603570N ADVANCED NUCLEAR 453,313 453,313
POWER SYSTEMS.
047 0603573N ADVANCED SURFACE 36,655 36,655
MACHINERY
SYSTEMS.
048 0603576N CHALK EAGLE..... 367,016 367,016
049 0603581N LITTORAL COMBAT 51,630 51,630
SHIP (LCS).
050 0603582N COMBAT SYSTEM 23,530 23,530
INTEGRATION.
051 0603595N OHIO REPLACEMENT 700,811 700,811
052 0603596N LCS MISSION 160,058 129,187
MODULES.
............... Program [-30,871]
Restructure.
053 0603597N AUTOMATED TEST 8,000
AND ANALYSIS.
............... Program [8,000]
increase.
054 0603599N FRIGATE 84,900 84,900
DEVELOPMENT.
055 0603609N CONVENTIONAL 8,342 8,342
MUNITIONS.
056 0603611M MARINE CORPS 158,682 138,762
ASSAULT
VEHICLES.
............... Product [-19,920]
development
prior year
carryover.
057 0603635M MARINE CORPS 1,303 1,303
GROUND COMBAT/
SUPPORT SYSTEM.
058 0603654N JOINT SERVICE 46,911 46,911
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
060 0603713N OCEAN 4,556 4,556
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
061 0603721N ENVIRONMENTAL 20,343 20,343
PROTECTION.
062 0603724N NAVY ENERGY 52,479 52,479
PROGRAM.
063 0603725N FACILITIES 5,458 5,458
IMPROVEMENT.
064 0603734N CHALK CORAL..... 245,860 245,860
065 0603739N NAVY LOGISTIC 3,089 3,089
PRODUCTIVITY.
066 0603746N RETRACT MAPLE... 323,526 323,526
067 0603748N LINK PLUMERIA... 318,497 318,497
068 0603751N RETRACT ELM..... 52,834 52,834
069 0603764N LINK EVERGREEN.. 48,116 48,116
070 0603787N SPECIAL 13,619 13,619
PROCESSES.
071 0603790N NATO RESEARCH 9,867 9,867
AND DEVELOPMENT.
072 0603795N LAND ATTACK 6,015 6,015
TECHNOLOGY.
[[Page 130 STAT. 2837]]
073 0603851M JOINT NON-LETHAL 27,904 27,904
WEAPONS TESTING.
074 0603860N JOINT PRECISION 104,144 102,722
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
............... UCLASS test [-1,422]
support
unjustified
request.
075 0603925N DIRECTED ENERGY 32,700 32,700
AND ELECTRIC
WEAPON SYSTEMS.
076 0604112N GERALD R. FORD 70,528 70,528
CLASS NUCLEAR
AIRCRAFT
CARRIER (CVN
78--80).
077 0604122N REMOTE 3,001 3,001
MINEHUNTING
SYSTEM (RMS).
078 0604272N TACTICAL AIR 34,920 34,920
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
080 0604292N MH-XX........... 1,620 1,620
081 0604454N LX (R).......... 6,354 6,354
082 0604536N ADVANCED 78,589 44,189
UNDERSEA
PROTOTYPING.
............... Ahead of [-34,400]
need.
084 0604659N PRECISION STRIKE 9,910 9,910
WEAPONS
DEVELOPMENT
PROGRAM.
085 0604707N SPACE AND 23,971 23,971
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
086 0604786N OFFENSIVE ANTI- 252,409 250,371
SURFACE WARFARE
WEAPON
DEVELOPMENT.
............... Increment II [-2,038]
early to
need.
087 0605812M JOINT LIGHT 23,197 23,197
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
088 0303354N ASW SYSTEMS 9,110 9,110
DEVELOPMENT--MI
P.
089 0304270N ELECTRONIC 437 437
WARFARE
DEVELOPMENT--MI
P.
............... SUBTOTAL 4,662,867 4,518,451
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0603208N TRAINING SYSTEM 19,938 19,938
AIRCRAFT.
091 0604212N OTHER HELO 6,268 6,268
DEVELOPMENT.
092 0604214N AV-8B AIRCRAFT-- 33,664 33,664
ENG DEV.
093 0604215N STANDARDS 1,300 1,300
DEVELOPMENT.
094 0604216N MULTI-MISSION 5,275 5,275
HELICOPTER
UPGRADE
DEVELOPMENT.
095 0604218N AIR/OCEAN 3,875 3,875
EQUIPMENT
ENGINEERING.
096 0604221N P-3 1,909 1,909
MODERNIZATION
PROGRAM.
097 0604230N WARFARE SUPPORT 13,237 13,237
SYSTEM.
098 0604231N TACTICAL COMMAND 36,323 36,323
SYSTEM.
099 0604234N ADVANCED HAWKEYE 363,792 363,792
100 0604245N H-1 UPGRADES.... 27,441 27,441
101 0604261N ACOUSTIC SEARCH 34,525 34,525
SENSORS.
102 0604262N V-22A........... 174,423 157,698
............... Hardware [-8,474]
development
airframe
excess
growth.
............... Refueling [-8,251]
system
development
excess
growth.
103 0604264N AIR CREW SYSTEMS 13,577 13,577
DEVELOPMENT.
104 0604269N EA-18........... 116,761 116,761
105 0604270N ELECTRONIC 48,766 48,766
WARFARE
DEVELOPMENT.
106 0604273N EXECUTIVE HELO 338,357 338,357
DEVELOPMENT.
107 0604274N NEXT GENERATION 577,822 577,822
JAMMER (NGJ).
108 0604280N JOINT TACTICAL 2,365 2,365
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
109 0604282N NEXT GENERATION 52,065 42,065
JAMMER (NGJ)
INCREMENT II.
............... Program [-10,000]
growth.
110 0604307N SURFACE 282,764 282,764
COMBATANT
COMBAT SYSTEM
ENGINEERING.
111 0604311N LPD-17 CLASS 580 580
SYSTEMS
INTEGRATION.
112 0604329N SMALL DIAMETER 97,622 97,622
BOMB (SDB).
113 0604366N STANDARD MISSILE 120,561 120,561
IMPROVEMENTS.
114 0604373N AIRBORNE MCM.... 45,622 45,622
116 0604378N NAVAL INTEGRATED 25,750 25,750
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
118 0604501N ADVANCED ABOVE 85,868 85,868
WATER SENSORS.
119 0604503N SSN-688 AND 117,476 117,476
TRIDENT
MODERNIZATION.
120 0604504N AIR CONTROL..... 47,404 47,404
[[Page 130 STAT. 2838]]
121 0604512N SHIPBOARD 112,158 112,158
AVIATION
SYSTEMS.
122 0604518N COMBAT 6,283 6,283
INFORMATION
CENTER
CONVERSION.
123 0604522N AIR AND MISSILE 144,395 144,395
DEFENSE RADAR
(AMDR) SYSTEM.
124 0604558N NEW DESIGN SSN.. 113,013 113,013
125 0604562N SUBMARINE 43,160 43,160
TACTICAL
WARFARE SYSTEM.
126 0604567N SHIP CONTRACT 65,002 85,002
DESIGN/ LIVE
FIRE T&E.
............... CVN Design.. [20,000]
127 0604574N NAVY TACTICAL 3,098 3,098
COMPUTER
RESOURCES.
128 0604580N VIRGINIA PAYLOAD 97,920 97,920
MODULE (VPM).
129 0604601N MINE DEVELOPMENT 10,490 10,490
130 0604610N LIGHTWEIGHT 20,178 20,178
TORPEDO
DEVELOPMENT.
131 0604654N JOINT SERVICE 7,369 7,369
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
132 0604703N PERSONNEL, 4,995 4,995
TRAINING,
SIMULATION, AND
HUMAN FACTORS.
133 0604727N JOINT STANDOFF 412 412
WEAPON SYSTEMS.
134 0604755N SHIP SELF 134,619 134,619
DEFENSE (DETECT
& CONTROL).
135 0604756N SHIP SELF 114,475 105,475
DEFENSE
(ENGAGE: HARD
KILL).
............... Program [-9,000]
Execution.
136 0604757N SHIP SELF 114,211 111,211
DEFENSE
(ENGAGE: SOFT
KILL/EW).
............... Decoy [-3,000]
development
effort
unjustified
growth.
137 0604761N INTELLIGENCE 11,029 11,029
ENGINEERING.
138 0604771N MEDICAL 9,220 9,220
DEVELOPMENT.
139 0604777N NAVIGATION/ID 42,723 42,723
SYSTEM.
140 0604800M JOINT STRIKE 531,426 531,426
FIGHTER (JSF)--
EMD.
141 0604800N JOINT STRIKE 528,716 528,716
FIGHTER (JSF)--
EMD.
142 0604810M JOINT STRIKE 74,227 71,977
FIGHTER FOLLOW
ON DEVELOPMENT--
MARINE CORPS.
............... Follow-on [-2,250]
development
excess funds.
143 0604810N JOINT STRIKE 63,387 61,137
FIGHTER FOLLOW
ON DEVELOPMENT--
NAVY.
............... Follow-on [-2,250]
development
excess funds.
144 0605013M INFORMATION 4,856 4,856
TECHNOLOGY
DEVELOPMENT.
145 0605013N INFORMATION 97,066 97,066
TECHNOLOGY
DEVELOPMENT.
146 0605024N ANTI-TAMPER 2,500 2,500
TECHNOLOGY
SUPPORT.
147 0605212N CH-53K RDTE..... 404,810 373,297
............... Program [-31,513]
delay.
148 0605215N MISSION PLANNING 33,570 33,570
149 0605217N COMMON AVIONICS. 51,599 51,599
150 0605220N SHIP TO SHORE 11,088 11,088
CONNECTOR (SSC).
151 0605327N T-AO (X)........ 1,095 1,095
152 0605414N MQ-XX........... 89,000 77,000
............... Excess [-12,000]
Obligation.
153 0605450N JOINT AIR-TO- 17,880 17,880
GROUND MISSILE
(JAGM).
154 0605500N MULTI-MISSION 59,126 59,126
MARITIME
AIRCRAFT (MMA).
155 0605504N MULTI-MISSION 182,220 152,220
MARITIME (MMA)
INCREMENT III.
............... Program [-30,000]
execution.
156 0204202N DDG-1000........ 45,642 45,642
159 0304231N TACTICAL COMMAND 676 676
SYSTEM--MIP.
160 0304785N TACTICAL 36,747 36,747
CRYPTOLOGIC
SYSTEMS.
161 0305124N SPECIAL 35,002 35,002
APPLICATIONS
PROGRAM.
162 0306250M CYBER OPERATIONS 4,942 4,942
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL 6,025,655 5,928,917
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
163 0604256N THREAT SIMULATOR 16,633 16,633
DEVELOPMENT.
164 0604258N TARGET SYSTEMS 36,662 36,662
DEVELOPMENT.
165 0604759N MAJOR T&E 42,109 42,109
INVESTMENT.
166 0605126N JOINT THEATER 2,998 2,998
AIR AND MISSILE
DEFENSE
ORGANIZATION.
167 0605152N STUDIES AND 3,931 3,931
ANALYSIS
SUPPORT--NAVY.
168 0605154N CENTER FOR NAVAL 46,634 46,634
ANALYSES.
169 0605285N NEXT GENERATION 1,200 1,200
FIGHTER.
171 0605804N TECHNICAL 903 903
INFORMATION
SERVICES.
[[Page 130 STAT. 2839]]
172 0605853N MANAGEMENT, 87,077 87,077
TECHNICAL &
INTERNATIONAL
SUPPORT.
173 0605856N STRATEGIC 3,597 3,597
TECHNICAL
SUPPORT.
174 0605861N RDT&E SCIENCE 62,811 62,811
AND TECHNOLOGY
MANAGEMENT.
175 0605863N RDT&E SHIP AND 106,093 106,093
AIRCRAFT
SUPPORT.
176 0605864N TEST AND 349,146 349,146
EVALUATION
SUPPORT.
177 0605865N OPERATIONAL TEST 18,160 18,160
AND EVALUATION
CAPABILITY.
178 0605866N NAVY SPACE AND 9,658 9,658
ELECTRONIC
WARFARE (SEW)
SUPPORT.
179 0605867N SEW SURVEILLANCE/ 6,500 6,500
RECONNAISSANCE
SUPPORT.
180 0605873M MARINE CORPS 22,247 22,247
PROGRAM WIDE
SUPPORT.
181 0605898N MANAGEMENT HQ-- 16,254 16,254
R&D.
182 0606355N WARFARE 21,123 21,123
INNOVATION
MANAGEMENT.
............... SUBTOTAL 853,736 853,736
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
188 0607658N COOPERATIVE 84,501 84,501
ENGAGEMENT
CAPABILITY
(CEC).
189 0607700N DEPLOYABLE JOINT 2,970 2,970
COMMAND AND
CONTROL.
190 0101221N STRATEGIC SUB & 136,556 136,556
WEAPONS SYSTEM
SUPPORT.
191 0101224N SSBN SECURITY 33,845 33,845
TECHNOLOGY
PROGRAM.
192 0101226N SUBMARINE 9,329 9,329
ACOUSTIC
WARFARE
DEVELOPMENT.
193 0101402N NAVY STRATEGIC 17,218 17,218
COMMUNICATIONS.
195 0204136N F/A-18 SQUADRONS 189,125 189,125
196 0204163N FLEET 48,225 48,225
TELECOMMUNICATI
ONS (TACTICAL).
197 0204228N SURFACE SUPPORT. 21,156 21,156
198 0204229N TOMAHAWK AND 71,355 71,355
TOMAHAWK
MISSION
PLANNING CENTER
(TMPC).
199 0204311N INTEGRATED 58,542 57,058
SURVEILLANCE
SYSTEM.
............... TASW [-1,484]
prototypes
excess
growth.
200 0204413N AMPHIBIOUS 13,929 13,929
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
201 0204460M GROUND/AIR TASK 83,538 83,538
ORIENTED RADAR
(G/ATOR).
202 0204571N CONSOLIDATED 38,593 38,593
TRAINING
SYSTEMS
DEVELOPMENT.
203 0204574N CRYPTOLOGIC 1,122 1,122
DIRECT SUPPORT.
204 0204575N ELECTRONIC 99,998 99,998
WARFARE (EW)
READINESS
SUPPORT.
205 0205601N HARM IMPROVEMENT 48,635 48,635
206 0205604N TACTICAL DATA 124,785 124,785
LINKS.
207 0205620N SURFACE ASW 24,583 24,583
COMBAT SYSTEM
INTEGRATION.
208 0205632N MK-48 ADCAP..... 39,134 39,134
209 0205633N AVIATION 120,861 120,861
IMPROVEMENTS.
210 0205675N OPERATIONAL 101,786 101,786
NUCLEAR POWER
SYSTEMS.
211 0206313M MARINE CORPS 82,159 82,159
COMMUNICATIONS
SYSTEMS.
212 0206335M COMMON AVIATION 11,850 11,850
COMMAND AND
CONTROL SYSTEM
(CAC2S).
213 0206623M MARINE CORPS 47,877 47,877
GROUND COMBAT/
SUPPORTING ARMS
SYSTEMS.
214 0206624M MARINE CORPS 13,194 13,194
COMBAT SERVICES
SUPPORT.
215 0206625M USMC 17,171 17,171
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
216 0206629M AMPHIBIOUS 38,020 38,020
ASSAULT VEHICLE.
217 0207161N TACTICAL AIM 56,285 56,285
MISSILES.
218 0207163N ADVANCED MEDIUM 40,350 40,350
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
219 0219902M GLOBAL COMBAT 9,128 9,128
SUPPORT SYSTEM--
MARINE CORPS
(GCSS-MC).
223 0303109N SATELLITE 37,372 37,372
COMMUNICATIONS
(SPACE).
224 0303138N CONSOLIDATED 23,541 23,541
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
225 0303140N INFORMATION 38,510 38,510
SYSTEMS
SECURITY
PROGRAM.
228 0305192N MILITARY 6,019 6,019
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
229 0305204N TACTICAL 8,436 8,436
UNMANNED AERIAL
VEHICLES.
230 0305205N UAS INTEGRATION 36,509 33,509
AND
INTEROPERABILIT
Y.
[[Page 130 STAT. 2840]]
............... Prior year [-3,000]
carryover.
231 0305208M DISTRIBUTED 2,100 2,100
COMMON GROUND/
SURFACE SYSTEMS.
232 0305208N DISTRIBUTED 44,571 44,571
COMMON GROUND/
SURFACE SYSTEMS.
233 0305220N MQ-4C TRITON.... 111,729 111,729
234 0305231N MQ-8 UAV........ 26,518 26,518
235 0305232M RQ-11 UAV....... 418 418
236 0305233N RQ-7 UAV........ 716 716
237 0305234N SMALL (LEVEL 0) 5,071 5,071
TACTICAL UAS
(STUASL0).
238 0305239M RQ-21A.......... 9,497 9,497
239 0305241N MULTI- 77,965 77,965
INTELLIGENCE
SENSOR
DEVELOPMENT.
240 0305242M UNMANNED AERIAL 11,181 11,181
SYSTEMS (UAS)
PAYLOADS (MIP).
241 0305421N RQ-4 181,266 181,266
MODERNIZATION.
242 0308601N MODELING AND 4,709 4,709
SIMULATION
SUPPORT.
243 0702207N DEPOT 49,322 49,322
MAINTENANCE
(NON-IF).
245 0708730N MARITIME 3,204 3,204
TECHNOLOGY
(MARITECH).
245A 9999999999 CLASSIFIED 1,228,460 1,228,460
PROGRAMS.
............... SUBTOTAL 3,592,934 3,588,450
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 17,276,301 17,078,663
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... BASIC RESEARCH
001 0601102F DEFENSE RESEARCH 340,812 340,812
SCIENCES.
002 0601103F UNIVERSITY 145,044 145,044
RESEARCH
INITIATIVES.
003 0601108F HIGH ENERGY 14,168 14,168
LASER RESEARCH
INITIATIVES.
............... SUBTOTAL 500,024 500,024
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602102F MATERIALS....... 126,152 131,152
............... Precision [5,000]
measuring
tools.
005 0602201F AEROSPACE 122,831 127,831
VEHICLE
TECHNOLOGIES.
............... Reusable [5,000]
Hypersonic
vehicle
structures
development.
006 0602202F HUMAN 111,647 111,647
EFFECTIVENESS
APPLIED
RESEARCH.
007 0602203F AEROSPACE 185,671 190,671
PROPULSION.
............... Program [5,000]
increase.
008 0602204F AEROSPACE 155,174 155,174
SENSORS.
009 0602601F SPACE TECHNOLOGY 117,915 117,915
010 0602602F CONVENTIONAL 109,649 109,649
MUNITIONS.
011 0602605F DIRECTED ENERGY 127,163 127,163
TECHNOLOGY.
012 0602788F DOMINANT 161,650 161,650
INFORMATION
SCIENCES AND
METHODS.
013 0602890F HIGH ENERGY 42,300 42,300
LASER RESEARCH.
............... SUBTOTAL 1,260,152 1,275,152
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
014 0603112F ADVANCED 35,137 45,137
MATERIALS FOR
WEAPON SYSTEMS.
............... Metals [10,000]
Affordabilit
y Initiative.
015 0603199F SUSTAINMENT 20,636 20,636
SCIENCE AND
TECHNOLOGY
(S&T).
016 0603203F ADVANCED 40,945 40,945
AEROSPACE
SENSORS.
017 0603211F AEROSPACE 130,950 130,950
TECHNOLOGY DEV/
DEMO.
018 0603216F AEROSPACE 94,594 99,594
PROPULSION AND
POWER
TECHNOLOGY.
............... Silicon [5,000]
Carbide for
aerospace
power
application.
019 0603270F ELECTRONIC 58,250 58,250
COMBAT
TECHNOLOGY.
020 0603401F ADVANCED 61,593 61,593
SPACECRAFT
TECHNOLOGY.
021 0603444F MAUI SPACE 11,681 11,681
SURVEILLANCE
SYSTEM (MSSS).
022 0603456F HUMAN 26,492 26,492
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603601F CONVENTIONAL 102,009 102,009
WEAPONS
TECHNOLOGY.
024 0603605F ADVANCED WEAPONS 39,064 39,064
TECHNOLOGY.
025 0603680F MANUFACTURING 46,344 46,344
TECHNOLOGY
PROGRAM.
[[Page 130 STAT. 2841]]
026 0603788F BATTLESPACE 58,110 58,110
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
............... SUBTOTAL 725,805 740,805
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
027 0603260F INTELLIGENCE 5,598 5,598
ADVANCED
DEVELOPMENT.
028 0603438F SPACE CONTROL 7,534 7,534
TECHNOLOGY.
029 0603742F COMBAT 24,418 24,418
IDENTIFICATION
TECHNOLOGY.
030 0603790F NATO RESEARCH 4,333 4,333
AND DEVELOPMENT.
032 0603830F SPACE SECURITY 32,399 32,399
AND DEFENSE
PROGRAM.
033 0603851F INTERCONTINENTAL 108,663 108,663
BALLISTIC
MISSILE--DEM/
VAL.
035 0604015F LONG RANGE 1,358,309 1,358,309
STRIKE--BOMBER.
036 0604257F ADVANCED 34,818 34,818
TECHNOLOGY AND
SENSORS.
037 0604317F TECHNOLOGY 3,368 3,368
TRANSFER.
038 0604327F HARD AND DEEPLY 74,308 74,308
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
039 0604422F WEATHER SYSTEM 118,953 113,953
FOLLOW-ON.
............... Transfer [-5,000]
Cloud
Characteriza
tion and
Theater
Weather
Imagery to
NRO.
040 0604425F SPACE SITUATION 9,901 9,901
AWARENESS
SYSTEMS.
041 0604776F DEPLOYMENT & 25,890 25,890
DISTRIBUTION
ENTERPRISE R&D.
042 0604857F OPERATIONALLY 7,921 18,421
RESPONSIVE
SPACE.
............... Program [10,500]
increase.
043 0604858F TECH TRANSITION 347,304 347,304
PROGRAM.
044 0605230F GROUND BASED 113,919 113,919
STRATEGIC
DETERRENT.
046 0207110F NEXT GENERATION 20,595 20,595
AIR DOMINANCE.
047 0207455F THREE 49,491 49,491
DIMENSIONAL
LONG-RANGE
RADAR (3DELRR).
048 0305164F NAVSTAR GLOBAL 278,147 278,147
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
049 0305236F COMMON DATA LINK 42,338 42,338
EXECUTIVE AGENT
(CDL EA).
050 0306250F CYBER OPERATIONS 158,002 158,002
TECHNOLOGY
DEVELOPMENT.
051 0306415F ENABLED CYBER 15,842 15,842
ACTIVITIES.
052 0901410F CONTRACTING 5,782 5,782
INFORMATION
TECHNOLOGY
SYSTEM.
............... SUBTOTAL 2,847,833 2,853,333
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
054 0604270F ELECTRONIC 12,476 9,176
WARFARE
DEVELOPMENT.
............... Improved GPS [-3,300]
055 0604281F TACTICAL DATA 82,380 82,380
NETWORKS
ENTERPRISE.
056 0604287F PHYSICAL 8,458 8,458
SECURITY
EQUIPMENT.
057 0604329F SMALL DIAMETER 54,838 47,038
BOMB (SDB)--EMD.
............... Improved GPS [-7,800]
058 0604421F COUNTERSPACE 34,394 34,394
SYSTEMS.
059 0604425F SPACE SITUATION 23,945 23,945
AWARENESS
SYSTEMS.
060 0604426F SPACE FENCE..... 168,364 168,364
061 0604429F AIRBORNE 9,187 9,187
ELECTRONIC
ATTACK.
062 0604441F SPACE BASED 181,966 181,966
INFRARED SYSTEM
(SBIRS) HIGH
EMD.
063 0604602F ARMAMENT/ 20,312 20,312
ORDNANCE
DEVELOPMENT.
064 0604604F SUBMUNITIONS.... 2,503 2,503
065 0604617F AGILE COMBAT 53,680 53,680
SUPPORT.
066 0604618F JOINT DIRECT 9,901 9,901
ATTACK MUNITION.
067 0604706F LIFE SUPPORT 7,520 7,520
SYSTEMS.
068 0604735F COMBAT TRAINING 77,409 77,409
RANGES.
069 0604800F F-35--EMD....... 450,467 450,467
070 0604853F EVOLVED 296,572 160,000
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
............... Launch [160,000]
System
Development.
............... Next [-296,572]
Generation
Launch
System
Investment.
070A 0604XXXF ROCKET 220,000
PROPULSION
SYSTEM.
[[Page 130 STAT. 2842]]
............... Rocket [220,000]
Propulsion
System
Replacement
of RD-180.
071 0604932F LONG RANGE 95,604 95,604
STANDOFF WEAPON.
072 0604933F ICBM FUZE 189,751 189,751
MODERNIZATION.
073 0605030F JOINT TACTICAL 1,131 1,131
NETWORK CENTER
(JTNC).
074 0605213F F-22 70,290 70,290
MODERNIZATION
INCREMENT 3.2B.
075 0605214F GROUND ATTACK 937 937
WEAPONS FUZE
DEVELOPMENT.
076 0605221F KC-46........... 261,724 121,724
............... Scope [-140,000]
Reduction.
077 0605223F ADVANCED PILOT 12,377 7,377
TRAINING.
............... Early to [-5,000]
need.
078 0605229F CSAR HH-60 319,331 304,331
RECAPITALIZATIO
N.
............... Forward [-15,000]
financing.
080 0605431F ADVANCED EHF 259,131 229,131
MILSATCOM
(SPACE).
............... Delayed [-30,000]
analysis of
alternatives.
081 0605432F POLAR MILSATCOM 50,815 50,815
(SPACE).
082 0605433F WIDEBAND GLOBAL 41,632 51,632
SATCOM (SPACE).
............... COMSATCOM [10,000]
pilot
program.
083 0605458F AIR & SPACE OPS 28,911 28,911
CENTER 10.2
RDT&E.
084 0605931F B-2 DEFENSIVE 315,615 288,915
MANAGEMENT
SYSTEM.
............... Scope [-26,700]
Reduction.
085 0101125F NUCLEAR WEAPONS 137,909 137,909
MODERNIZATION.
086 0207171F F-15 EPAWSS..... 256,669 256,669
087 0207701F FULL COMBAT 12,051 12,051
MISSION
TRAINING.
088 0305176F COMBAT SURVIVOR 29,253 29,253
EVADER LOCATOR.
089 0307581F JSTARS RECAP.... 128,019 128,019
090 0401319F PRESIDENTIAL 351,220 351,220
AIRCRAFT
REPLACEMENT
(PAR).
091 0701212F AUTOMATED TEST 19,062 19,062
SYSTEMS.
............... SUBTOTAL 4,075,804 3,941,432
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
092 0604256F THREAT SIMULATOR 21,630 21,630
DEVELOPMENT.
093 0604759F MAJOR T&E 66,385 66,385
INVESTMENT.
094 0605101F RAND PROJECT AIR 34,641 34,641
FORCE.
096 0605712F INITIAL 11,529 11,529
OPERATIONAL
TEST &
EVALUATION.
097 0605807F TEST AND 661,417 661,417
EVALUATION
SUPPORT.
098 0605860F ROCKET SYSTEMS 11,198 11,198
LAUNCH PROGRAM
(SPACE).
099 0605864F SPACE TEST 27,070 27,070
PROGRAM (STP).
100 0605976F FACILITIES 134,111 134,111
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
101 0605978F FACILITIES 28,091 28,091
SUSTAINMENT--TE
ST AND
EVALUATION
SUPPORT.
102 0606017F REQUIREMENTS 29,100 29,100
ANALYSIS AND
MATURATION.
103 0606116F SPACE TEST AND 18,528 18,528
TRAINING RANGE
DEVELOPMENT.
104 0606392F SPACE AND 176,666 176,666
MISSILE CENTER
(SMC) CIVILIAN
WORKFORCE.
105 0308602F ENTEPRISE 4,410 4,410
INFORMATION
SERVICES (EIS).
106 0702806F ACQUISITION AND 14,613 14,613
MANAGEMENT
SUPPORT.
107 0804731F GENERAL SKILL 1,404 1,404
TRAINING.
109 1001004F INTERNATIONAL 4,784 4,784
ACTIVITIES.
............... SUBTOTAL 1,245,577 1,245,577
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
110 0603423F GLOBAL 393,268 393,268
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL SEGMENT.
111 0604233F SPECIALIZED 15,427 15,427
UNDERGRADUATE
FLIGHT TRAINING.
112 0604445F WIDE AREA 46,695 46,695
SURVEILLANCE.
115 0605018F AF INTEGRATED 10,368 10,368
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
116 0605024F ANTI-TAMPER 31,952 31,952
TECHNOLOGY
EXECUTIVE
AGENCY.
117 0605117F FOREIGN MATERIEL 42,960 42,960
ACQUISITION AND
EXPLOITATION.
118 0605278F HC/MC-130 RECAP 13,987 13,987
RDT&E.
119 0101113F B-52 SQUADRONS.. 78,267 78,267
120 0101122F AIR-LAUNCHED 453 453
CRUISE MISSILE
(ALCM).
[[Page 130 STAT. 2843]]
121 0101126F B-1B SQUADRONS.. 5,830 5,830
122 0101127F B-2 SQUADRONS... 152,458 152,458
123 0101213F MINUTEMAN 182,958 182,958
SQUADRONS.
124 0101313F STRAT WAR 39,148 39,148
PLANNING
SYSTEM--USSTRAT
COM.
126 0101316F WORLDWIDE JOINT 6,042 6,042
STRATEGIC
COMMUNICATIONS.
128 0102110F UH-1N 14,116 14,116
REPLACEMENT
PROGRAM.
129 0102326F REGION/SECTOR 10,868 10,868
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
130 0105921F SERVICE SUPPORT 8,674 8,674
TO STRATCOM--
SPACE
ACTIVITIES.
131 0205219F MQ-9 UAV........ 151,373 161,373
............... Auto take- [10,000]
off and
landing
capability.
133 0207131F A-10 SQUADRONS.. 14,853 14,853
134 0207133F F-16 SQUADRONS.. 132,795 132,795
135 0207134F F-15E SQUADRONS. 356,717 356,717
136 0207136F MANNED 14,773 14,773
DESTRUCTIVE
SUPPRESSION.
137 0207138F F-22A SQUADRONS. 387,564 379,464
............... Improved GPS [-8,100]
138 0207142F F-35 SQUADRONS.. 153,045 147,545
............... Follow-on [-5,500]
development-
-excess
funds.
139 0207161F TACTICAL AIM 52,898 52,898
MISSILES.
140 0207163F ADVANCED MEDIUM 62,470 62,470
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
143 0207227F COMBAT RESCUE-- 362 362
PARARESCUE.
144 0207247F AF TENCAP....... 28,413 28,413
145 0207249F PRECISION ATTACK 649 649
SYSTEMS
PROCUREMENT.
146 0207253F COMPASS CALL.... 13,723 50,823
............... Compass Call [37,100]
Program
Restructure.
147 0207268F AIRCRAFT ENGINE 109,859 109,859
COMPONENT
IMPROVEMENT
PROGRAM.
148 0207325F JOINT AIR-TO- 30,002 30,002
SURFACE
STANDOFF
MISSILE (JASSM).
149 0207410F AIR & SPACE 37,621 25,343
OPERATIONS
CENTER (AOC).
............... Weapon [-12,278]
system
modification.
150 0207412F CONTROL AND 13,292 13,292
REPORTING
CENTER (CRC).
151 0207417F AIRBORNE WARNING 86,644 86,644
AND CONTROL
SYSTEM (AWACS).
152 0207418F TACTICAL 2,442 2,442
AIRBORNE
CONTROL SYSTEMS.
154 0207431F COMBAT AIR 10,911 15,911
INTELLIGENCE
SYSTEM
ACTIVITIES.
............... Geospatial [5,000]
software
development.
155 0207444F TACTICAL AIR 11,843 11,843
CONTROL PARTY-
MOD.
156 0207448F C2ISR TACTICAL 1,515 1,515
DATA LINK.
157 0207452F DCAPES.......... 14,979 14,979
158 0207590F SEEK EAGLE...... 25,308 25,308
159 0207601F USAF MODELING 16,666 16,666
AND SIMULATION.
160 0207605F WARGAMING AND 4,245 4,245
SIMULATION
CENTERS.
161 0207697F DISTRIBUTED 3,886 3,886
TRAINING AND
EXERCISES.
162 0208006F MISSION PLANNING 71,785 71,785
SYSTEMS.
164 0208087F AF OFFENSIVE 25,025 25,025
CYBERSPACE
OPERATIONS.
165 0208088F AF DEFENSIVE 29,439 29,439
CYBERSPACE
OPERATIONS.
168 0301017F GLOBAL SENSOR 3,470 3,470
INTEGRATED ON
NETWORK (GSIN).
169 0301112F NUCLEAR PLANNING 4,060 4,060
AND EXECUTION
SYSTEM (NPES).
175 0301400F SPACE 13,880 13,880
SUPERIORITY
INTELLIGENCE.
176 0302015F E-4B NATIONAL 30,948 30,948
AIRBORNE
OPERATIONS
CENTER (NAOC).
177 0303001F FAMILY OF 42,378 42,378
ADVANCED BLOS
TERMINALS (FAB-
T).
178 0303131F MINIMUM 47,471 47,471
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
179 0303140F INFORMATION 46,388 46,388
SYSTEMS
SECURITY
PROGRAM.
180 0303141F GLOBAL COMBAT 52 52
SUPPORT SYSTEM.
181 0303142F GLOBAL FORCE 2,099 2,099
MANAGEMENT--DAT
A INITIATIVE.
184 0304260F AIRBORNE SIGINT 90,762 90,762
ENTERPRISE.
187 0305099F GLOBAL AIR 4,354 4,354
TRAFFIC
MANAGEMENT
(GATM).
188 0305110F SATELLITE 15,624 15,624
CONTROL NETWORK
(SPACE).
[[Page 130 STAT. 2844]]
189 0305111F WEATHER SERVICE. 19,974 22,974
............... Commercial [3,000]
Weather
Pilot
Program.
190 0305114F AIR TRAFFIC 9,770 9,770
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
191 0305116F AERIAL TARGETS.. 3,051 3,051
194 0305128F SECURITY AND 405 405
INVESTIGATIVE
ACTIVITIES.
195 0305145F ARMS CONTROL 4,844 4,844
IMPLEMENTATION.
196 0305146F DEFENSE JOINT 339 339
COUNTERINTELLIG
ENCE ACTIVITIES.
199 0305173F SPACE AND 3,989 3,989
MISSILE TEST
AND EVALUATION
CENTER.
200 0305174F SPACE 3,070 3,070
INNOVATION,
INTEGRATION AND
RAPID
TECHNOLOGY
DEVELOPMENT.
201 0305179F INTEGRATED 8,833 8,833
BROADCAST
SERVICE (IBS).
202 0305182F SPACELIFT RANGE 11,867 11,867
SYSTEM (SPACE).
203 0305202F DRAGON U-2...... 37,217 37,217
205 0305206F AIRBORNE 3,841 18,841
RECONNAISSANCE
SYSTEMS.
............... Wide area [15,000]
motion
imagery.
206 0305207F MANNED 20,975 20,975
RECONNAISSANCE
SYSTEMS.
207 0305208F DISTRIBUTED 18,902 18,902
COMMON GROUND/
SURFACE SYSTEMS.
208 0305220F RQ-4 UAV........ 256,307 256,307
209 0305221F NETWORK-CENTRIC 22,610 22,610
COLLABORATIVE
TARGETING.
211 0305238F NATO AGS........ 38,904 38,904
212 0305240F SUPPORT TO DCGS 23,084 23,084
ENTERPRISE.
213 0305258F ADVANCED 116,143 116,143
EVALUATION
PROGRAM.
214 0305265F GPS III SPACE 141,888 141,888
SEGMENT.
215 0305600F INTERNATIONAL 2,360 2,360
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
216 0305614F JSPOC MISSION 72,889 72,889
SYSTEM.
217 0305881F RAPID CYBER 4,280 4,280
ACQUISITION.
218 0305906F NCMC--TW/AA 4,951 4,951
SYSTEM.
219 0305913F NUDET DETECTION 21,093 21,093
SYSTEM (SPACE).
220 0305940F SPACE SITUATION 35,002 35,002
AWARENESS
OPERATIONS.
222 0308699F SHARED EARLY 6,366 6,366
WARNING (SEW).
223 0401115F C-130 AIRLIFT 15,599 15,599
SQUADRON.
224 0401119F C-5 AIRLIFT 66,146 66,146
SQUADRONS (IF).
225 0401130F C-17 AIRCRAFT 12,430 12,430
(IF).
226 0401132F C-130J PROGRAM.. 16,776 16,776
227 0401134F LARGE AIRCRAFT 5,166 5,166
IR
COUNTERMEASURES
(LAIRCM).
229 0401314F OPERATIONAL 13,817 13,817
SUPPORT AIRLIFT.
230 0401318F CV-22........... 16,702 16,702
231 0408011F SPECIAL TACTICS / 7,164 7,164
COMBAT CONTROL.
232 0702207F DEPOT 1,518 1,518
MAINTENANCE
(NON-IF).
233 0708610F LOGISTICS 61,676 61,676
INFORMATION
TECHNOLOGY
(LOGIT).
234 0708611F SUPPORT SYSTEMS 9,128 9,128
DEVELOPMENT.
235 0804743F OTHER FLIGHT 1,653 1,653
TRAINING.
236 0808716F OTHER PERSONNEL 57 57
ACTIVITIES.
237 0901202F JOINT PERSONNEL 3,663 3,663
RECOVERY AGENCY.
238 0901218F CIVILIAN 3,735 3,735
COMPENSATION
PROGRAM.
239 0901220F PERSONNEL 5,157 5,157
ADMINISTRATION.
240 0901226F AIR FORCE 1,523 1,523
STUDIES AND
ANALYSIS AGENCY.
242 0901538F FINANCIAL 10,581 10,581
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
242A 9999999999 CLASSIFIED 13,091,557 13,091,557
PROGRAMS.
............... SUBTOTAL 17,457,056 17,501,278
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 28,112,251 28,057,601
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... BASIC RESEARCH
001 0601000BR DTRA BASIC 35,436 35,436
RESEARCH
INITIATIVE.
002 0601101E DEFENSE RESEARCH 362,297 362,297
SCIENCES.
003 0601110D8Z BASIC RESEARCH 36,654 36,654
INITIATIVES.
[[Page 130 STAT. 2845]]
004 0601117E BASIC 57,791 57,791
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE 69,345 79,345
EDUCATION
PROGRAM.
............... K-12 STEM [10,000]
program
increase.
006 0601228D8Z HISTORICALLY 23,572 33,572
BLACK COLLEGES
AND
UNIVERSITIES/
MINORITY
INSTITUTIONS.
............... Program [10,000]
increase.
007 0601384BP CHEMICAL AND 44,800 44,800
BIOLOGICAL
DEFENSE PROGRAM.
............... SUBTOTAL 629,895 649,895
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS 17,745 17,745
TECHNOLOGY.
009 0602115E BIOMEDICAL 115,213 115,213
TECHNOLOGY.
010 0602230D8Z DEFENSE 30,000 0
TECHNOLOGY
INNOVATION.
............... Program [-30,000]
decrease.
011 0602234D8Z LINCOLN 48,269 48,269
LABORATORY
RESEARCH
PROGRAM.
012 0602251D8Z APPLIED RESEARCH 42,206 42,206
FOR THE
ADVANCEMENT OF
S&T PRIORITIES.
013 0602303E INFORMATION & 353,635 353,635
COMMUNICATIONS
TECHNOLOGY.
014 0602383E BIOLOGICAL 21,250 21,250
WARFARE DEFENSE.
015 0602384BP CHEMICAL AND 188,715 188,715
BIOLOGICAL
DEFENSE PROGRAM.
016 0602668D8Z CYBER SECURITY 12,183 12,183
RESEARCH.
017 0602702E TACTICAL 313,843 313,843
TECHNOLOGY.
018 0602715E MATERIALS AND 220,456 214,456
BIOLOGICAL
TECHNOLOGY.
............... Program [-6,000]
reduction.
019 0602716E ELECTRONICS 221,911 221,911
TECHNOLOGY.
020 0602718BR WEAPONS OF MASS 154,857 154,857
DESTRUCTION
DEFEAT
TECHNOLOGIES.
021 0602751D8Z SOFTWARE 8,420 8,420
ENGINEERING
INSTITUTE (SEI)
APPLIED
RESEARCH.
022 1160401BB SOF TECHNOLOGY 37,820 37,820
DEVELOPMENT.
............... SUBTOTAL 1,786,523 1,750,523
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS 23,902 23,902
ADVANCED
TECHNOLOGY.
025 0603122D8Z COMBATING 73,002 73,002
TERRORISM
TECHNOLOGY
SUPPORT.
026 0603133D8Z FOREIGN 19,343 29,343
COMPARATIVE
TESTING.
............... Anti-tunnel [10,000]
defense
systems.
027 0603160BR COUNTERPROLIFERA 266,444 266,444
TION
INITIATIVES--PR
OLIFERATION
PREVENTION AND
DEFEAT.
028 0603176C ADVANCED 17,880 17,880
CONCEPTS AND
PERFORMANCE
ASSESSMENT.
030 0603178C WEAPONS 71,843 71,843
TECHNOLOGY.
031 0603179C ADVANCED C4ISR.. 3,626 3,626
032 0603180C ADVANCED 23,433 23,433
RESEARCH.
033 0603225D8Z JOINT DOD-DOE 17,256 17,256
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
035 0603274C SPECIAL PROGRAM-- 83,745 11,795
MDA TECHNOLOGY.
............... Program [-71,950]
reduction.
036 0603286E ADVANCED 182,327 182,327
AEROSPACE
SYSTEMS.
037 0603287E SPACE PROGRAMS 175,240 165,240
AND TECHNOLOGY.
............... Program [-10,000]
reduction.
038 0603288D8Z ANALYTIC 12,048 12,048
ASSESSMENTS.
039 0603289D8Z ADVANCED 57,020 57,020
INNOVATIVE
ANALYSIS AND
CONCEPTS.
041 0603375D8Z TECHNOLOGY 39,923 19,923
INNOVATION.
............... Program [-20,000]
decrease.
042 0603384BP CHEMICAL AND 127,941 127,941
BIOLOGICAL
DEFENSE
PROGRAM--ADVANC
ED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH... 181,977 181,977
044 0603618D8Z JOINT ELECTRONIC 22,030 22,030
ADVANCED
TECHNOLOGY.
045 0603648D8Z JOINT CAPABILITY 148,184 132,184
TECHNOLOGY
DEMONSTRATIONS.
............... Program [-16,000]
decrease.
046 0603662D8Z NETWORKED 9,331 9,331
COMMUNICATIONS
CAPABILITIES.
[[Page 130 STAT. 2846]]
047 0603680D8Z DEFENSE-WIDE 158,398 158,398
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
048 0603680S MANUFACTURING 31,259 31,259
TECHNOLOGY
PROGRAM.
049 0603699D8Z EMERGING 49,895 49,895
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
050 0603712S GENERIC 11,011 11,011
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
052 0603716D8Z STRATEGIC 65,078 65,078
ENVIRONMENTAL
RESEARCH
PROGRAM.
053 0603720S MICROELECTRONICS 97,826 97,826
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
054 0603727D8Z JOINT 7,848 5,348
WARFIGHTING
PROGRAM.
............... Prior year [-2,500]
carryover.
055 0603739E ADVANCED 49,807 49,807
ELECTRONICS
TECHNOLOGIES.
056 0603760E COMMAND, CONTROL 155,081 155,081
AND
COMMUNICATIONS
SYSTEMS.
057 0603766E NETWORK-CENTRIC 428,894 428,894
WARFARE
TECHNOLOGY.
058 0603767E SENSOR 241,288 241,288
TECHNOLOGY.
060 0603781D8Z SOFTWARE 14,264 14,264
ENGINEERING
INSTITUTE.
061 0603826D8Z QUICK REACTION 74,943 72,943
SPECIAL
PROJECTS.
............... QRSP........ [-2,000]
063 0603833D8Z ENGINEERING 17,659 17,659
SCIENCE &
TECHNOLOGY.
064 0603941D8Z TEST & 87,135 87,135
EVALUATION
SCIENCE &
TECHNOLOGY.
065 0604055D8Z OPERATIONAL 37,329 41,329
ENERGY
CAPABILITY
IMPROVEMENT.
............... Competitive [4,000]
technology
investment.
066 0303310D8Z CWMD SYSTEMS.... 44,836 21,236
............... Constellatio [-23,600]
n program
reduction.
067 1160402BB SOF ADVANCED 61,620 61,620
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL 3,190,666 3,058,616
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
............... ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
068 0603161D8Z NUCLEAR AND 28,498 28,498
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
ADC&P.
069 0603600D8Z WALKOFF......... 89,643 89,643
071 0603821D8Z ACQUISITION 2,136 2,136
ENTERPRISE DATA
& INFORMATION
SERVICES.
072 0603851D8Z ENVIRONMENTAL 52,491 52,491
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
073 0603881C BALLISTIC 206,834 206,834
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT.
074 0603882C BALLISTIC 862,080 862,080
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
075 0603884BP CHEMICAL AND 138,187 138,187
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
076 0603884C BALLISTIC 230,077 230,077
MISSILE DEFENSE
SENSORS.
077 0603890C BMD ENABLING 401,594 401,594
PROGRAMS.
078 0603891C SPECIAL 321,607 304,707
PROGRAMS--MDA.
............... Program [-16,900]
reduction.
079 0603892C AEGIS BMD....... 959,066 939,066
............... SM-3 IIA [-20,000]
development
excess
growth.
080 0603893C SPACE TRACKING & 32,129 32,129
SURVEILLANCE
SYSTEM.
081 0603895C BALLISTIC 20,690 20,690
MISSILE DEFENSE
SYSTEM SPACE
PROGRAMS.
082 0603896C BALLISTIC 439,617 443,517
MISSILE DEFENSE
COMMAND AND
CONTROL, BATTLE
MANAGEMENT AND
COMMUNICATI.
............... Post [3,900]
Intercept
Assessment
Acceleration.
083 0603898C BALLISTIC 47,776 47,776
MISSILE DEFENSE
JOINT
WARFIGHTER
SUPPORT.
084 0603904C MISSILE DEFENSE 54,750 54,750
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
085 0603906C REGARDING TRENCH 8,785 8,785
[[Page 130 STAT. 2847]]
086 0603907C SEA BASED X-BAND 68,787 68,787
RADAR (SBX).
087 0603913C ISRAELI 103,835 268,735
COOPERATIVE
PROGRAMS.
............... Increase for [164,900]
Cooperative
Development
Programs
subject to
Title XVI.
088 0603914C BALLISTIC 293,441 293,441
MISSILE DEFENSE
TEST.
089 0603915C BALLISTIC 563,576 563,576
MISSILE DEFENSE
TARGETS.
090 0603920D8Z HUMANITARIAN 10,007 10,007
DEMINING.
091 0603923D8Z COALITION 10,126 10,126
WARFARE.
092 0604016D8Z DEPARTMENT OF 3,893 8,893
DEFENSE
CORROSION
PROGRAM.
............... Corrosion [5,000]
prevention.
093 0604115C TECHNOLOGY 90,266 90,266
MATURATION
INITIATIVES.
094 0604132D8Z MISSILE DEFEAT 45,000 45,000
PROJECT.
095 0604250D8Z ADVANCED 844,870 829,870
INNOVATIVE
TECHNOLOGIES.
............... SCO......... [-15,000]
097 0604400D8Z DEPARTMENT OF 3,320 3,320
DEFENSE (DOD)
UNMANNED SYSTEM
COMMON
DEVELOPMENT.
099 0604682D8Z WARGAMING AND 4,000 4,000
SUPPORT FOR
STRATEGIC
ANALYSIS (SSA).
102 0604826J JOINT C5 23,642 23,642
CAPABILITY
DEVELOPMENT,
INTEGRATION AND
INTEROPERABILIT
Y ASSESSMENTS.
104 0604873C LONG RANGE 162,012 162,012
DISCRIMINATION
RADAR (LRDR).
105 0604874C IMPROVED 274,148 274,148
HOMELAND
DEFENSE
INTERCEPTORS.
106 0604876C BALLISTIC 63,444 63,444
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT
TEST.
107 0604878C AEGIS BMD TEST.. 95,012 95,012
108 0604879C BALLISTIC 83,250 83,250
MISSILE DEFENSE
SENSOR TEST.
109 0604880C LAND-BASED SM-3 43,293 43,293
(LBSM3).
110 0604881C AEGIS SM-3 BLOCK 106,038 106,038
IIA CO-
DEVELOPMENT.
111 0604887C BALLISTIC 56,481 56,481
MISSILE DEFENSE
MIDCOURSE
SEGMENT TEST.
112 0604894C MULTI-OBJECT 71,513 71,513
KILL VEHICLE.
114 0303191D8Z JOINT 2,636 2,636
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
115 0305103C CYBER SECURITY 969 969
INITIATIVE.
............... SUBTOTAL 6,919,519 7,041,419
ADVANCED
COMPONENT
DEVELOPMENT
AND
PROTOTYPES.
115A 0604XXXD WEATHER SYSTEM 5,000
FOLLOW-ON.
............... Transfer [5,000]
Cloud
Characteriza
tion and
Theater
Weather
Imagery from
USAF.
............... SUBTOTAL 0 5,000
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT AND
DEMONSTRATION
116 0604161D8Z NUCLEAR AND 10,324 10,324
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
SDD.
117 0604165D8Z PROMPT GLOBAL 181,303 181,303
STRIKE
CAPABILITY
DEVELOPMENT.
118 0604384BP CHEMICAL AND 266,231 266,231
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
120 0604771D8Z JOINT TACTICAL 16,288 16,288
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
121 0605000BR WEAPONS OF MASS 4,568 4,568
DESTRUCTION
DEFEAT
CAPABILITIES.
122 0605013BL INFORMATION 11,505 11,505
TECHNOLOGY
DEVELOPMENT.
123 0605021SE HOMELAND 1,658 1,658
PERSONNEL
SECURITY
INITIATIVE.
124 0605022D8Z DEFENSE 2,920 2,920
EXPORTABILITY
PROGRAM.
126 0605070S DOD ENTERPRISE 12,631 12,631
SYSTEMS
DEVELOPMENT AND
DEMONSTRATION.
128 0605080S DEFENSE AGENCY 26,657 26,657
INTIATIVES
(DAI)--FINANCIA
L SYSTEM.
129 0605090S DEFENSE RETIRED 4,949 4,949
AND ANNUITANT
PAY SYSTEM
(DRAS).
130 0605140D8Z TRUSTED FOUNDRY. 69,000 69,000
131 0605210D8Z DEFENSE-WIDE 9,881 9,881
ELECTRONIC
PROCUREMENT
CAPABILITIES.
132 0303141K GLOBAL COMBAT 7,600 7,600
SUPPORT SYSTEM.
[[Page 130 STAT. 2848]]
133 0305304D8Z DOD ENTERPRISE 2,703 2,703
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
............... SUBTOTAL 628,218 628,218
SYSTEM
DEVELOPMENT
AND
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
134 0604774D8Z DEFENSE 4,678 4,678
READINESS
REPORTING
SYSTEM (DRRS).
135 0604875D8Z JOINT SYSTEMS 4,499 4,499
ARCHITECTURE
DEVELOPMENT.
136 0604940D8Z CENTRAL TEST AND 219,199 219,199
EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
137 0604942D8Z ASSESSMENTS AND 28,706 28,706
EVALUATIONS.
138 0605001E MISSION SUPPORT. 69,244 69,244
139 0605100D8Z JOINT MISSION 87,080 67,080
ENVIRONMENT
TEST CAPABILITY
(JMETC).
............... Prior year [-20,000]
carryover
and minimize
growth.
140 0605104D8Z TECHNICAL 23,069 23,069
STUDIES,
SUPPORT AND
ANALYSIS.
142 0605126J JOINT INTEGRATED 32,759 32,759
AIR AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
144 0605142D8Z SYSTEMS 32,429 32,429
ENGINEERING.
145 0605151D8Z STUDIES AND 3,797 3,797
ANALYSIS
SUPPORT--OSD.
146 0605161D8Z NUCLEAR MATTERS- 5,302 5,302
PHYSICAL
SECURITY.
147 0605170D8Z SUPPORT TO 7,246 7,246
NETWORKS AND
INFORMATION
INTEGRATION.
148 0605200D8Z GENERAL SUPPORT 1,874 1,874
TO USD
(INTELLIGENCE).
149 0605384BP CHEMICAL AND 85,754 85,754
BIOLOGICAL
DEFENSE PROGRAM.
158 0605790D8Z SMALL BUSINESS 2,187 2,187
INNOVATION
RESEARCH (SBIR)/
SMALL BUSINESS
TECHNOLOGY
TRANSFER.
159 0605798D8Z DEFENSE 22,650 22,650
TECHNOLOGY
ANALYSIS.
160 0605801KA DEFENSE 43,834 43,834
TECHNICAL
INFORMATION
CENTER (DTIC).
161 0605803SE R&D IN SUPPORT 22,240 22,240
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
162 0605804D8Z DEVELOPMENT TEST 19,541 23,541
AND EVALUATION.
............... Program [4,000]
increase.
163 0605898E MANAGEMENT HQ-- 4,759 4,759
R&D.
164 0605998KA MANAGEMENT HQ-- 4,400 4,400
DEFENSE
TECHNICAL
INFORMATION
CENTER (DTIC).
165 0606100D8Z BUDGET AND 4,014 4,014
PROGRAM
ASSESSMENTS.
166 0203345D8Z DEFENSE 2,072 2,072
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
167 0204571J JOINT STAFF 7,464 7,464
ANALYTICAL
SUPPORT.
170 0303166J SUPPORT TO 857 857
INFORMATION
OPERATIONS (IO)
CAPABILITIES.
171 0303260D8Z DEFENSE MILITARY 916 916
DECEPTION
PROGRAM OFFICE
(DMDPO).
172 0305172K COMBINED 15,336 15,336
ADVANCED
APPLICATIONS.
173 0305193D8Z CYBER 18,523 13,523
INTELLIGENCE.
............... Program [-5,000]
decrease.
175 0804767D8Z COCOM EXERCISE 34,384 34,384
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2)--MHA.
176 0901598C MANAGEMENT HQ-- 31,160 31,160
MDA.
179 0903235D8W JOINT SERVICE 827 827
PROVIDER (JSP).
180A 9999999999 CLASSIFIED 56,799 56,799
PROGRAMS.
............... SUBTOTAL 897,599 876,599
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEM
DEVELOPMENT
181 0604130V ENTERPRISE 4,241 4,241
SECURITY SYSTEM
(ESS).
182 0605127T REGIONAL 1,424 1,424
INTERNATIONAL
OUTREACH (RIO)
AND PARTNERSHIP
FOR PEACE
INFORMATION
MANA.
183 0605147T OVERSEAS 287 287
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM (OHASIS).
184 0607210D8Z INDUSTRIAL BASE 16,195 16,195
ANALYSIS AND
SUSTAINMENT
SUPPORT.
185 0607310D8Z CWMD SYSTEMS: 4,194 4,194
OPERATIONAL
SYSTEMS
DEVELOPMENT.
186 0607327T GLOBAL THEATER 7,861 7,861
SECURITY
COOPERATION
MANAGEMENT
INFORMATION
SYSTEMS (G-
TSCMIS).
[[Page 130 STAT. 2849]]
187 0607384BP CHEMICAL AND 33,361 33,361
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
189 0208043J PLANNING AND 3,038 3,038
DECISION AID
SYSTEM (PDAS).
190 0208045K C4I 57,501 57,501
INTEROPERABILIT
Y.
192 0301144K JOINT/ALLIED 5,935 5,935
COALITION
INFORMATION
SHARING.
196 0302016K NATIONAL 575 575
MILITARY
COMMAND SYSTEM-
WIDE SUPPORT.
197 0302019K DEFENSE INFO 18,041 18,041
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
198 0303126K LONG-HAUL 13,994 13,994
COMMUNICATIONS-
-DCS.
199 0303131K MINIMUM 12,206 12,206
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
200 0303135G PUBLIC KEY 34,314 34,314
INFRASTRUCTURE
(PKI).
201 0303136G KEY MANAGEMENT 36,602 36,602
INFRASTRUCTURE
(KMI).
202 0303140D8Z INFORMATION 8,876 8,876
SYSTEMS
SECURITY
PROGRAM.
203 0303140G INFORMATION 159,068 161,068
SYSTEMS
SECURITY
PROGRAM.
............... SHARKSEER [2,000]
Program
Increase.
204 0303150K GLOBAL COMMAND 24,438 24,438
AND CONTROL
SYSTEM.
205 0303153K DEFENSE SPECTRUM 13,197 13,197
ORGANIZATION.
207 0303228K JOINT 2,789 2,789
INFORMATION
ENVIRONMENT
(JIE).
209 0303430K FEDERAL 75,000 75,000
INVESTIGATIVE
SERVICES
INFORMATION
TECHNOLOGY.
210 0303610K TELEPORT PROGRAM 657 657
215 0305103K CYBER SECURITY 1,553 1,553
INITIATIVE.
220 0305186D8Z POLICY R&D 6,204 4,204
PROGRAMS.
............... Program [-2,000]
decrease.
221 0305199D8Z NET CENTRICITY.. 17,971 17,971
223 0305208BB DISTRIBUTED 5,415 5,415
COMMON GROUND/
SURFACE SYSTEMS.
226 0305208K DISTRIBUTED 3,030 3,030
COMMON GROUND/
SURFACE SYSTEMS.
229 0305327V INSIDER THREAT.. 5,034 5,034
230 0305387D8Z HOMELAND DEFENSE 2,037 2,037
TECHNOLOGY
TRANSFER
PROGRAM.
236 0307577D8Z INTELLIGENCE 13,800 13,800
MISSION DATA
(IMD).
238 0708012S PACIFIC DISASTER 1,754 1,754
CENTERS.
239 0708047S DEFENSE PROPERTY 2,154 2,154
ACCOUNTABILITY
SYSTEM.
240 0902298J MANAGEMENT HQ-- 826 826
OJCS.
241 1105219BB MQ-9 UAV........ 17,804 17,804
244 1160403BB AVIATION SYSTEMS 159,143 159,143
245 1160405BB INTELLIGENCE 7,958 7,958
SYSTEMS
DEVELOPMENT.
246 1160408BB OPERATIONAL 64,895 64,895
ENHANCEMENTS.
247 1160431BB WARRIOR SYSTEMS. 44,885 44,885
248 1160432BB SPECIAL PROGRAMS 1,949 1,949
249 1160434BB UNMANNED ISR.... 22,117 22,117
250 1160480BB SOF TACTICAL 3,316 3,316
VEHICLES.
251 1160483BB MARITIME SYSTEMS 54,577 54,577
252 1160489BB GLOBAL VIDEO 3,841 3,841
SURVEILLANCE
ACTIVITIES.
253 1160490BB OPERATIONAL 11,834 11,834
ENHANCEMENTS
INTELLIGENCE.
253A 9999999999 CLASSIFIED 3,270,515 3,270,515
PROGRAMS.
............... SUBTOTAL 4,256,406 4,256,406
OPERATIONAL
SYSTEM
DEVELOPMENT.
...............
............... TOTAL 18,308,826 18,266,676
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... OPERATIONAL TEST
& EVAL, DEFENSE
............... MANAGEMENT
SUPPORT
001 0605118OTE OPERATIONAL TEST 78,047 78,047
AND EVALUATION.
002 0605131OTE LIVE FIRE TEST 48,316 48,316
AND EVALUATION.
003 0605814OTE OPERATIONAL TEST 52,631 52,631
ACTIVITIES AND
ANALYSES.
............... SUBTOTAL 178,994 178,994
MANAGEMENT
SUPPORT.
...............
............... TOTAL 178,994 178,994
OPERATIONAL
TEST &
EVAL,
DEFENSE.
...............
[[Page 130 STAT. 2850]]
............... TOTAL RDT&E 71,391,771 71,110,624
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
Program Element FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
055 0603308A ARMY SPACE 9,375 9,375
SYSTEMS
INTEGRATION.
................ SUBTOTAL 9,375 9,375
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
091 0604741A AIR DEFENSE 78,700 78,700
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
114 0605032A TRACTOR TIRE.... 10,000 10,000
117 0605035A COMMON INFRARED 10,900 10,900
COUNTERMEASURES
(CIRCM).
119 0605041A DEFENSIVE CYBER 50,500 50,500
TOOL
DEVELOPMENT.
122 0605051A AIRCRAFT 73,110 73,110
SURVIVABILITY
DEVELOPMENT.
................ SUBTOTAL 223,210 223,210
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
208 0307665A BIOMETRICS 7,104 7,104
ENABLED
INTELLIGENCE.
................ SUBTOTAL 7,104 7,104
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 239,689 239,689
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
038 0603527N RETRACT LARCH... 3,907 3,907
................ SUBTOTAL 3,907 3,907
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
245A 9999999999 CLASSIFIED 36,426 36,426
PROGRAMS.
................ SUBTOTAL 36,426 36,426
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 40,333 40,333
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
058 0604421F COUNTERSPACE 425 425
SYSTEMS.
................ SUBTOTAL 425 425
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
200 0305174F SPACE 4,715 4,715
INNOVATION,
INTEGRATION AND
RAPID
TECHNOLOGY
DEVELOPMENT.
242A 9999999999 CLASSIFIED 27,765 27,765
PROGRAMS.
................ SUBTOTAL 32,480 32,480
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 32,905 32,905
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
253A 9999999999 CLASSIFIED 165,419 165,419
PROGRAMS.
[[Page 130 STAT. 2851]]
................ SUBTOTAL 165,419 165,419
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL 165,419 165,419
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
................
................ TOTAL RDT&E 478,346 478,346
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS FOR BASE
REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS FOR BASE OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
Program Element FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0604715A NON-SYSTEM 33 33
TRAINING
DEVICES--ENG
DEV.
................ SUBTOTAL 33 33
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ TOTAL 33 33
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
078 0604272N TACTICAL AIR 37,990 37,990
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
................ SUBTOTAL 37,990 37,990
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ TOTAL 37,990 37,990
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................ TOTAL RDT&E 38,023 38,023
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 791,450 841,450
Home station training [50,000]
unfunded requirement......
020 MODULAR SUPPORT BRIGADES...... 68,373 68,373
030 ECHELONS ABOVE BRIGADE........ 438,823 438,823
040 THEATER LEVEL ASSETS.......... 660,258 660,258
050 LAND FORCES OPERATIONS SUPPORT 863,928 863,928
060 AVIATION ASSETS............... 1,360,597 1,461,097
Eleventh CAB.............. [32,500]
[[Page 130 STAT. 2852]]
Flying hour program [68,000]
unfunded requirement......
070 FORCE READINESS OPERATIONS 3,086,443 3,086,443
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 439,488 439,488
090 LAND FORCES DEPOT MAINTENANCE. 1,013,452 1,032,852
Depot maintenance unfunded [19,400]
requirement...............
100 BASE OPERATIONS SUPPORT....... 7,816,343 7,838,443
Eleventh CAB Support...... [22,100]
110 FACILITIES SUSTAINMENT, 2,234,546 2,319,946
RESTORATION & MODERNIZATION..
Restore Sustainment [85,400]
shortfalls................
120 MANAGEMENT AND OPERATIONAL 452,105 452,105
HEADQUARTERS.................
130 COMBATANT COMMANDERS CORE 155,658 155,658
OPERATIONS...................
170 COMBATANT COMMANDS DIRECT 441,143 441,143
MISSION SUPPORT..............
SUBTOTAL OPERATING FORCES. 19,822,607 20,100,007
MOBILIZATION
180 STRATEGIC MOBILITY............ 336,329 336,329
190 ARMY PREPOSITIONED STOCKS..... 390,848 415,848
Program increase.......... [25,000]
200 INDUSTRIAL PREPAREDNESS....... 7,401 7,401
SUBTOTAL MOBILIZATION..... 734,578 759,578
TRAINING AND RECRUITING
210 OFFICER ACQUISITION........... 131,942 131,942
220 RECRUIT TRAINING.............. 47,846 47,846
230 ONE STATION UNIT TRAINING..... 45,419 45,419
240 SENIOR RESERVE OFFICERS 482,747 482,747
TRAINING CORPS...............
250 SPECIALIZED SKILL TRAINING.... 921,025 927,525
Defense Foreign Language [6,500]
Program...................
260 FLIGHT TRAINING............... 902,845 945,779
Graduate pilot training [5,405]
unfunded requirement......
School Air OPTEMPO [31,125]
unfunded requirement......
Train full ARPINT load of [6,404]
990.......................
270 PROFESSIONAL DEVELOPMENT 216,583 248,183
EDUCATION....................
Military Training and PME. [31,600]
280 TRAINING SUPPORT.............. 607,534 607,534
290 RECRUITING AND ADVERTISING.... 550,599 525,599
Unjustified program growth [-25,000]
300 EXAMINING..................... 187,263 187,263
310 OFF-DUTY AND VOLUNTARY 189,556 189,556
EDUCATION....................
320 CIVILIAN EDUCATION AND 182,835 182,835
TRAINING.....................
330 JUNIOR RESERVE OFFICER 171,167 171,167
TRAINING CORPS...............
SUBTOTAL TRAINING AND 4,637,361 4,693,395
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.... 230,739 295,739
Restore cricital [65,000]
shortfalls................
360 CENTRAL SUPPLY ACTIVITIES..... 850,060 850,060
370 LOGISTIC SUPPORT ACTIVITIES... 778,757 778,757
380 AMMUNITION MANAGEMENT......... 370,010 370,010
390 ADMINISTRATION................ 451,556 451,556
400 SERVICEWIDE COMMUNICATIONS.... 1,888,123 1,888,123
410 MANPOWER MANAGEMENT........... 276,403 276,403
420 OTHER PERSONNEL SUPPORT....... 369,443 369,443
430 OTHER SERVICE SUPPORT......... 1,096,074 1,096,074
440 ARMY CLAIMS ACTIVITIES........ 207,800 207,800
450 REAL ESTATE MANAGEMENT........ 240,641 240,641
[[Page 130 STAT. 2853]]
460 FINANCIAL MANAGEMENT AND AUDIT 250,612 250,612
READINESS....................
470 INTERNATIONAL MILITARY 416,587 416,587
HEADQUARTERS.................
480 MISC. SUPPORT OF OTHER NATIONS 36,666 36,666
530 CLASSIFIED PROGRAMS........... 1,151,023 1,151,023
SUBTOTAL ADMIN & SRVWIDE 8,614,494 8,679,494
ACTIVITIES................
UNDISTRIBUTED
540 UNDISTRIBUTED................. -400,200
Excessive standard price [-56,100]
for fuel..................
Foreign Currency [-194,100]
adjustments...............
Working Capital Fund [-150,000]
Carryover Above Allowable
Ceiling...................
SUBTOTAL UNDISTRIBUTED.... -400,200
TOTAL OPERATION & 33,809,040 33,832,274
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 11,435 11,435
020 ECHELONS ABOVE BRIGADE........ 491,772 511,772
Home station training [20,000]
unfunded requirement......
030 THEATER LEVEL ASSETS.......... 116,163 116,163
040 LAND FORCES OPERATIONS SUPPORT 563,524 563,524
050 AVIATION ASSETS............... 91,162 91,162
060 FORCE READINESS OPERATIONS 347,459 347,659
SUPPORT......................
Defense Language Program.. [200]
070 LAND FORCES SYSTEMS READINESS. 101,926 101,926
080 LAND FORCES DEPOT MAINTENANCE. 56,219 56,219
090 BASE OPERATIONS SUPPORT....... 573,843 573,843
100 FACILITIES SUSTAINMENT, 214,955 223,055
RESTORATION & MODERNIZATION..
Restore Sustainment [8,100]
shortfalls................
110 MANAGEMENT AND OPERATIONAL 37,620 37,620
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 2,606,078 2,634,378
ADMIN & SRVWD ACTIVITIES
120 SERVICEWIDE TRANSPORTATION.... 11,027 11,027
130 ADMINISTRATION................ 16,749 16,749
140 SERVICEWIDE COMMUNICATIONS.... 17,825 17,825
150 MANPOWER MANAGEMENT........... 6,177 6,177
160 RECRUITING AND ADVERTISING.... 54,475 54,475
SUBTOTAL ADMIN & SRVWD 106,253 106,253
ACTIVITIES................
UNDISTRIBUTED
180 UNDISTRIBUTED................. -6,800
Excessive standard price [-6,800]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -6,800
TOTAL OPERATION & 2,712,331 2,733,831
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 708,251 758,251
Home station training [50,000]
unfunded requirement......
[[Page 130 STAT. 2854]]
020 MODULAR SUPPORT BRIGADES...... 197,251 197,251
030 ECHELONS ABOVE BRIGADE........ 792,271 792,271
040 THEATER LEVEL ASSETS.......... 80,341 80,341
050 LAND FORCES OPERATIONS SUPPORT 37,138 37,138
060 AVIATION ASSETS............... 887,625 884,825
Unjustified program growth [-2,800]
070 FORCE READINESS OPERATIONS 696,267 690,152
SUPPORT......................
Defense Language Program.. [200]
Unjustified program growth [-6,315]
080 LAND FORCES SYSTEMS READINESS. 61,240 61,240
090 LAND FORCES DEPOT MAINTENANCE. 219,948 219,948
100 BASE OPERATIONS SUPPORT....... 1,040,012 1,040,012
110 FACILITIES SUSTAINMENT, 676,715 691,115
RESTORATION & MODERNIZATION..
Restore Sustainment [14,400]
shortfalls................
120 MANAGEMENT AND OPERATIONAL 1,021,144 1,021,144
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 6,418,203 6,473,688
ADMIN & SRVWD ACTIVITIES
130 SERVICEWIDE TRANSPORTATION.... 6,396 6,396
140 ADMINISTRATION................ 68,528 69,678
State Partnership Program. [1,150]
150 SERVICEWIDE COMMUNICATIONS.... 76,524 76,524
160 MANPOWER MANAGEMENT........... 7,712 7,712
170 OTHER PERSONNEL SUPPORT....... 245,046 245,046
180 REAL ESTATE MANAGEMENT........ 2,961 2,961
SUBTOTAL ADMIN & SRVWD 407,167 408,317
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. -29,000
Excessive standard price [-29,000]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -29,000
TOTAL OPERATION & 6,825,370 6,853,005
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 4,094,765 4,094,765
OPERATIONS...................
020 FLEET AIR TRAINING............ 1,722,473 1,722,473
030 AVIATION TECHNICAL DATA & 52,670 52,670
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 97,584 97,584
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 446,733 453,233
Marine Corps unfunded [5,300]
requirement--accelerate
readiness - H-1...........
Marine Corps unfunded [1,200]
requirement--accelerate
readiness - MV-22B........
060 AIRCRAFT DEPOT MAINTENANCE.... 1,007,681 1,071,681
AC Depot maintenance [34,000]
unfunded requirement......
Navy unfunded requirement-- [30,000]
Improve Afloat Readiness..
070 AIRCRAFT DEPOT OPERATIONS 38,248 38,248
SUPPORT......................
080 AVIATION LOGISTICS............ 564,720 598,220
E-6B and F-35 sustainment [16,000]
unfunded requirement......
Marine Corps unfunded [6,800]
requirement--accelerate
readiness - KC-130J.......
[[Page 130 STAT. 2855]]
Marine Corps unfunded [10,700]
requirement--accelerate
readiness - MV-22B........
090 MISSION AND OTHER SHIP 3,513,083 3,861,283
OPERATIONS...................
Cruiser Modernization..... [90,200]
Navy unfunded requirement-- [158,000]
Improve Afloat Readiness..
Navy unfunded requirement-- [41,000]
Restore 3 CG Deployments..
Navy unfunded requirement-- [59,000]
Reverse PONCE (LPD-15)
Inactivation..............
100 SHIP OPERATIONS SUPPORT & 743,765 763,465
TRAINING.....................
Navy unfunded requirement-- [19,700]
Restore Fleet Training....
110 SHIP DEPOT MAINTENANCE........ 5,168,273 5,486,873
Cruiser Modernization..... [71,100]
Navy unfunded requirement-- [238,000]
Ship Depot Wholeness......
Program increase.......... [9,500]
120 SHIP DEPOT OPERATIONS SUPPORT. 1,575,578 1,654,578
Navy unfunded requirement-- [79,000]
Increase Alfoat Readiness.
130 COMBAT COMMUNICATIONS......... 558,727 558,727
140 ELECTRONIC WARFARE............ 105,680 105,680
150 SPACE SYSTEMS AND SURVEILLANCE 180,406 180,406
160 WARFARE TACTICS............... 470,032 470,032
170 OPERATIONAL METEOROLOGY AND 346,703 346,703
OCEANOGRAPHY.................
180 COMBAT SUPPORT FORCES......... 1,158,688 1,158,688
190 EQUIPMENT MAINTENANCE......... 113,692 113,692
200 DEPOT OPERATIONS SUPPORT...... 2,509 2,509
210 COMBATANT COMMANDERS CORE 91,019 91,019
OPERATIONS...................
220 COMBATANT COMMANDERS DIRECT 74,780 74,780
MISSION SUPPORT..............
230 CRUISE MISSILE................ 106,030 106,030
240 FLEET BALLISTIC MISSILE....... 1,233,805 1,233,805
250 IN-SERVICE WEAPONS SYSTEMS 163,025 163,025
SUPPORT......................
260 WEAPONS MAINTENANCE........... 553,269 553,269
270 OTHER WEAPON SYSTEMS SUPPORT.. 350,010 350,010
280 ENTERPRISE INFORMATION........ 790,685 790,685
290 SUSTAINMENT, RESTORATION AND 1,642,742 1,697,842
MODERNIZATION................
Restore Sustainment [55,100]
shortfalls................
300 BASE OPERATING SUPPORT........ 4,206,136 4,206,136
SUBTOTAL OPERATING FORCES. 31,173,511 32,098,111
MOBILIZATION
310 SHIP PREPOSITIONING AND SURGE. 893,517 893,517
320 READY RESERVE FORCE........... 274,524 274,524
330 AIRCRAFT ACTIVATIONS/ 6,727 6,727
INACTIVATIONS................
340 SHIP ACTIVATIONS/INACTIVATIONS 288,154 288,154
350 EXPEDITIONARY HEALTH SERVICES 95,720 95,720
SYSTEMS......................
360 INDUSTRIAL READINESS.......... 2,109 2,109
370 COAST GUARD SUPPORT........... 21,114 21,114
SUBTOTAL MOBILIZATION..... 1,581,865 1,581,865
TRAINING AND RECRUITING
380 OFFICER ACQUISITION........... 143,815 143,815
390 RECRUIT TRAINING.............. 8,519 8,519
400 RESERVE OFFICERS TRAINING 143,445 143,445
CORPS........................
[[Page 130 STAT. 2856]]
410 SPECIALIZED SKILL TRAINING.... 699,214 699,214
420 FLIGHT TRAINING............... 5,310 5,310
430 PROFESSIONAL DEVELOPMENT 172,852 172,852
EDUCATION....................
440 TRAINING SUPPORT.............. 222,728 222,728
450 RECRUITING AND ADVERTISING.... 225,647 225,647
460 OFF-DUTY AND VOLUNTARY 130,569 130,569
EDUCATION....................
470 CIVILIAN EDUCATION AND 73,730 73,730
TRAINING.....................
480 JUNIOR ROTC................... 50,400 50,400
SUBTOTAL TRAINING AND 1,876,229 1,876,229
RECRUITING................
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION................ 917,453 917,453
500 EXTERNAL RELATIONS............ 14,570 14,570
510 CIVILIAN MANPOWER AND 124,070 124,070
PERSONNEL MANAGEMENT.........
520 MILITARY MANPOWER AND 369,767 369,767
PERSONNEL MANAGEMENT.........
530 OTHER PERSONNEL SUPPORT....... 285,927 285,927
540 SERVICEWIDE COMMUNICATIONS.... 319,908 319,908
570 SERVICEWIDE TRANSPORTATION.... 171,659 171,659
590 PLANNING, ENGINEERING AND 270,863 270,863
DESIGN.......................
600 ACQUISITION AND PROGRAM 1,112,766 1,112,766
MANAGEMENT...................
610 HULL, MECHANICAL AND 49,078 49,078
ELECTRICAL SUPPORT...........
620 COMBAT/WEAPONS SYSTEMS........ 24,989 24,989
630 SPACE AND ELECTRONIC WARFARE 72,966 72,966
SYSTEMS......................
640 NAVAL INVESTIGATIVE SERVICE... 595,711 595,711
700 INTERNATIONAL HEADQUARTERS AND 4,809 4,809
AGENCIES.....................
730 CLASSIFIED PROGRAMS........... 517,440 517,440
SUBTOTAL ADMIN & SRVWD 4,851,976 4,851,976
ACTIVITIES................
UNDISTRIBUTED
740 UNDISTRIBUTED................. -416,900
Excessive standard price [-390,500]
for fuel..................
Foreign Currency [-26,400]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -416,900
TOTAL OPERATION & 39,483,581 39,991,281
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 674,613 760,313
Enterprise network defense [5,700]
unfunded requirement......
Exercise program unfunded [58,000]
requirement...............
Marine Corps unfunded [22,000]
requirement- enhanced
combat helmets............
020 FIELD LOGISTICS............... 947,424 983,674
Critical/ no fail EOD [600]
unfunded requirement......
Marine Corps unfunded [13,200]
requirement- rifle combat
optic modernization.......
Marine Corps unfunded [8,250]
requirement- SPMAGTF--C4
UUNS......................
Nano/VTOL unfunded [14,200]
requirement...............
030 DEPOT MAINTENANCE............. 206,783 214,583
Depot maintenance unfunded [7,800]
requirement...............
[[Page 130 STAT. 2857]]
040 MARITIME PREPOSITIONING....... 85,276 85,276
050 SUSTAINMENT, RESTORATION & 632,673 694,673
MODERNIZATION................
Facility demolition [39,200]
unfunded requirement......
Restore Sustainment [22,800]
shortfalls................
060 BASE OPERATING SUPPORT........ 2,136,626 2,136,626
SUBTOTAL OPERATING FORCES. 4,683,395 4,875,145
TRAINING AND RECRUITING
070 RECRUIT TRAINING.............. 15,946 15,946
080 OFFICER ACQUISITION........... 935 935
090 SPECIALIZED SKILL TRAINING.... 99,305 99,305
100 PROFESSIONAL DEVELOPMENT 45,495 45,495
EDUCATION....................
110 TRAINING SUPPORT.............. 369,979 369,979
120 RECRUITING AND ADVERTISING.... 165,566 165,566
130 OFF-DUTY AND VOLUNTARY 35,133 35,133
EDUCATION....................
140 JUNIOR ROTC................... 23,622 23,622
SUBTOTAL TRAINING AND 755,981 755,981
RECRUITING................
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 34,534 34,534
160 ADMINISTRATION................ 355,932 355,932
180 ACQUISITION AND PROGRAM 76,896 76,896
MANAGEMENT...................
200 CLASSIFIED PROGRAMS........... 47,520 47,520
SUBTOTAL ADMIN & SRVWD 514,882 514,882
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. -6,400
Excessive standard price [-4,900]
for fuel..................
Foreign Currency [-1,500]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -6,400
TOTAL OPERATION & 5,954,258 6,139,608
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 526,190 526,190
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 6,714 6,714
030 AIRCRAFT DEPOT MAINTENANCE.... 86,209 90,209
Navy unfunded requirement-- [4,000]
Improve Afloat Readiness..
040 AIRCRAFT DEPOT OPERATIONS 389 389
SUPPORT......................
050 AVIATION LOGISTICS............ 10,189 10,189
070 SHIP OPERATIONS SUPPORT & 560 860
TRAINING.....................
Navy unfunded requirement-- [300]
Restore Fleet Training....
090 COMBAT COMMUNICATIONS......... 13,173 13,173
100 COMBAT SUPPORT FORCES......... 109,053 109,053
120 ENTERPRISE INFORMATION........ 27,226 27,226
130 SUSTAINMENT, RESTORATION AND 27,571 28,671
MODERNIZATION................
Restore Sustainment [1,100]
shortfalls................
140 BASE OPERATING SUPPORT........ 99,166 99,166
SUBTOTAL OPERATING FORCES. 906,440 911,840
ADMIN & SRVWD ACTIVITIES
150 ADMINISTRATION................ 1,351 1,351
160 MILITARY MANPOWER AND 13,251 13,251
PERSONNEL MANAGEMENT.........
[[Page 130 STAT. 2858]]
170 SERVICEWIDE COMMUNICATIONS.... 3,445 3,445
180 ACQUISITION AND PROGRAM 3,169 3,169
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 21,216 21,216
ACTIVITIES................
UNDISTRIBUTED
200 UNDISTRIBUTED................. -26,600
Excessive standard price [-26,600]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -26,600
TOTAL OPERATION & 927,656 906,456
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 94,154 94,154
020 DEPOT MAINTENANCE............. 18,594 18,594
030 SUSTAINMENT, RESTORATION AND 25,470 26,170
MODERNIZATION................
Restore Sustainment [700]
shortfalls................
040 BASE OPERATING SUPPORT........ 111,550 111,550
SUBTOTAL OPERATING FORCES. 249,768 250,468
ADMIN & SRVWD ACTIVITIES
050 SERVICEWIDE TRANSPORTATION.... 902 902
060 ADMINISTRATION................ 11,130 11,130
070 RECRUITING AND ADVERTISING.... 8,833 8,833
SUBTOTAL ADMIN & SRVWD 20,865 20,865
ACTIVITIES................
UNDISTRIBUTED
090 UNDISTRIBUTED................. -800
Excessive standard price [-800]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -800
TOTAL OPERATION & 270,633 270,533
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 3,294,124 3,294,124
020 COMBAT ENHANCEMENT FORCES..... 1,682,045 1,684,845
HH-60 unfunded requirement [2,800]
030 AIR OPERATIONS TRAINING (OJT, 1,730,757 1,730,757
MAINTAIN SKILLS).............
040 DEPOT MAINTENANCE............. 7,042,988 7,156,064
Compass Call Program [-56,500]
Restructure...............
Weapon system sustainment [169,576]
unfunded requirement......
050 FACILITIES SUSTAINMENT, 1,657,019 1,710,019
RESTORATION & MODERNIZATION..
Restore Sustainment [53,000]
shortfalls................
060 BASE SUPPORT.................. 2,787,216 2,787,216
070 GLOBAL C3I AND EARLY WARNING.. 887,831 927,831
Air Force unfunded [40,000]
requirement--Ground Based
Radars....................
080 OTHER COMBAT OPS SPT PROGRAMS. 1,070,178 1,070,178
100 LAUNCH FACILITIES............. 208,582 208,582
110 SPACE CONTROL SYSTEMS......... 362,250 362,250
120 COMBATANT COMMANDERS DIRECT 907,245 907,245
MISSION SUPPORT..............
[[Page 130 STAT. 2859]]
130 COMBATANT COMMANDERS CORE 199,171 199,171
OPERATIONS...................
135 CLASSIFIED PROGRAMS........... 930,757 930,757
SUBTOTAL OPERATING FORCES. 22,760,163 22,969,039
MOBILIZATION
140 AIRLIFT OPERATIONS............ 1,703,059 1,703,059
150 MOBILIZATION PREPAREDNESS..... 138,899 138,899
160 DEPOT MAINTENANCE............. 1,553,439 1,619,863
Weapon system sustainment [66,424]
unfunded requirement......
170 FACILITIES SUSTAINMENT, 258,328 266,628
RESTORATION & MODERNIZATION..
Restore Sustainment [8,300]
shortfalls................
180 BASE SUPPORT.................. 722,756 722,756
SUBTOTAL MOBILIZATION..... 4,376,481 4,451,205
TRAINING AND RECRUITING
190 OFFICER ACQUISITION........... 120,886 120,886
200 RECRUIT TRAINING.............. 23,782 23,782
210 RESERVE OFFICERS TRAINING 77,692 77,692
CORPS (ROTC).................
220 FACILITIES SUSTAINMENT, 236,254 243,854
RESTORATION & MODERNIZATION..
Restore Sustainment [7,600]
shortfalls................
230 BASE SUPPORT.................. 819,915 819,915
240 SPECIALIZED SKILL TRAINING.... 387,446 387,446
250 FLIGHT TRAINING............... 725,134 725,134
260 PROFESSIONAL DEVELOPMENT 264,213 264,213
EDUCATION....................
270 TRAINING SUPPORT.............. 86,681 86,681
280 DEPOT MAINTENANCE............. 305,004 305,004
290 RECRUITING AND ADVERTISING.... 104,754 104,754
300 EXAMINING..................... 3,944 3,944
310 OFF-DUTY AND VOLUNTARY 184,841 184,841
EDUCATION....................
320 CIVILIAN EDUCATION AND 173,583 173,583
TRAINING.....................
330 JUNIOR ROTC................... 58,877 58,877
SUBTOTAL TRAINING AND 3,573,006 3,580,606
RECRUITING................
ADMIN & SRVWD ACTIVITIES
340 LOGISTICS OPERATIONS.......... 1,107,846 1,107,846
350 TECHNICAL SUPPORT ACTIVITIES.. 924,185 924,185
360 DEPOT MAINTENANCE............. 48,778 48,778
370 FACILITIES SUSTAINMENT, 321,013 331,313
RESTORATION & MODERNIZATION..
Restore Sustainment [10,300]
shortfalls................
380 BASE SUPPORT.................. 1,115,910 1,115,910
390 ADMINISTRATION................ 811,650 811,650
400 SERVICEWIDE COMMUNICATIONS.... 269,809 269,809
410 OTHER SERVICEWIDE ACTIVITIES.. 961,304 961,304
420 CIVIL AIR PATROL.............. 25,735 28,535
Civil Air Patrol O&M [2,800]
Support...................
450 INTERNATIONAL SUPPORT......... 90,573 90,573
460 CLASSIFIED PROGRAMS........... 1,131,603 1,131,603
SUBTOTAL ADMIN & SRVWD 6,808,406 6,821,506
ACTIVITIES................
UNDISTRIBUTED
470 UNDISTRIBUTED................. -484,700
Excessive standard price [-368,000]
for fuel..................
Foreign Currency [-116,700]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -484,700
[[Page 130 STAT. 2860]]
TOTAL OPERATION & 37,518,056 37,337,656
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,707,882 1,707,882
020 MISSION SUPPORT OPERATIONS.... 230,016 230,016
030 DEPOT MAINTENANCE............. 541,743 541,743
040 FACILITIES SUSTAINMENT, 113,470 116,170
RESTORATION & MODERNIZATION..
Restore Sustainment [2,700]
shortfalls................
050 BASE SUPPORT.................. 384,832 384,832
SUBTOTAL OPERATING FORCES. 2,977,943 2,980,643
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
060 ADMINISTRATION................ 54,939 54,939
070 RECRUITING AND ADVERTISING.... 14,754 14,754
080 MILITARY MANPOWER AND PERS 12,707 12,707
MGMT (ARPC)..................
090 OTHER PERS SUPPORT (DISABILITY 7,210 7,210
COMP)........................
100 AUDIOVISUAL................... 376 376
SUBTOTAL ADMINISTRATION 89,986 89,986
AND SERVICEWIDE ACTIVITIES
UNDISTRIBUTED
110 UNDISTRIBUTED................. -59,700
Excessive standard price [-59,700]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -59,700
TOTAL OPERATION & 3,067,929 3,010,929
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 3,282,238 3,278,238
Unjustifed growth......... [-4,000]
020 MISSION SUPPORT OPERATIONS.... 723,062 723,062
030 DEPOT MAINTENANCE............. 1,824,329 1,867,529
Weapon system sustainment [3,200]
engines unfunded
requirement...............
Weapon system sustainment [40,000]
unfunded requirement......
040 FACILITIES SUSTAINMENT, 245,840 254,940
RESTORATION & MODERNIZATION..
Restore Sustainment [9,100]
shortfalls................
050 BASE SUPPORT.................. 575,548 575,548
SUBTOTAL OPERATING FORCES. 6,651,017 6,699,317
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
060 ADMINISTRATION................ 23,715 23,715
070 RECRUITING AND ADVERTISING.... 28,846 28,846
SUBTOTAL ADMINISTRATION 52,561 52,561
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
080 UNDISTRIBUTED................. -117,700
Excessive standard price [-117,700]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -117,700
[[Page 130 STAT. 2861]]
TOTAL OPERATION & 6,703,578 6,634,178
MAINTENANCE, ANG.........
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 506,113 506,113
020 OFFICE OF THE SECRETARY OF 524,439 524,439
DEFENSE......................
030 SPECIAL OPERATIONS COMMAND/ 4,898,159 4,889,359
OPERATING FORCES.............
Unjustified growth in [-8,800]
total civilian
compensation..............
SUBTOTAL OPERATING FORCES. 5,928,711 5,919,911
TRAINING AND RECRUITING
040 DEFENSE ACQUISITION UNIVERSITY 138,658 138,658
050 JOINT CHIEFS OF STAFF......... 85,701 85,701
070 SPECIAL OPERATIONS COMMAND/ 365,349 365,349
TRAINING AND RECRUITING......
SUBTOTAL TRAINING AND 589,708 589,708
RECRUITING................
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 CIVIL MILITARY PROGRAMS....... 160,480 195,819
National Guard Youth [10,339]
Challenge Program.........
STARBASE.................. [25,000]
100 DEFENSE CONTRACT AUDIT AGENCY. 630,925 630,925
110 DEFENSE CONTRACT MANAGEMENT 1,356,380 1,356,380
AGENCY.......................
120 DEFENSE HUMAN RESOURCES 683,620 683,620
ACTIVITY.....................
130 DEFENSE INFORMATION SYSTEMS 1,439,891 1,439,891
AGENCY.......................
150 DEFENSE LEGAL SERVICES AGENCY. 24,984 24,984
160 DEFENSE LOGISTICS AGENCY...... 357,964 352,164
Price Comparability Office [-5,800]
unjustified growth........
170 DEFENSE MEDIA ACTIVITY........ 223,422 223,422
180 DEFENSE PERSONNEL ACCOUNTING 112,681 112,681
AGENCY.......................
190 DEFENSE SECURITY COOPERATION 496,754 621,754
AGENCY.......................
Transfer from Drug [125,000]
Interdiction and Counter-
Drug Activities...........
200 DEFENSE SECURITY SERVICE...... 538,711 538,711
230 DEFENSE TECHNOLOGY SECURITY 35,417 35,417
ADMINISTRATION...............
240 DEFENSE THREAT REDUCTION 448,146 448,146
AGENCY.......................
260 DEPARTMENT OF DEFENSE 2,671,143 2,701,143
EDUCATION ACTIVITY...........
Impact Aid................ [25,000]
Impact Aid severe [5,000]
disabilities..............
270 MISSILE DEFENSE AGENCY........ 446,975 446,975
290 OFFICE OF ECONOMIC ADJUSTMENT. 155,399 136,199
Guam public health lab.... [-19,200]
300 OFFICE OF THE SECRETARY OF 1,481,643 1,487,293
DEFENSE......................
BRAC 2017 Round Planning [-3,530]
and Analyses..............
CWMD Sustainment: [-3,800]
Constellation program
reduction.................
DOD rewards early to need. [-1,000]
Intelligence Management-- [-1,000]
program reduction.........
Reeadiness environmental [14,980]
protection initiative.....
310 SPECIAL OPERATIONS COMMAND/ 89,429 89,429
ADMIN & SVC-WIDE ACTIVITIES..
320 WASHINGTON HEADQUARTERS 629,874 629,874
SERVICES.....................
[[Page 130 STAT. 2862]]
330 CLASSIFIED PROGRAMS........... 14,069,333 14,069,333
SUBTOTAL ADMINISTRATION 26,053,171 26,224,160
AND SERVICEWIDE ACTIVITIES
UNDISTRIBUTED
340 UNDISTRIBUTED................. -47,100
Excessive standard price [-17,800]
for fuel..................
Foreign Currency [-34,300]
adjustments...............
Temporary Duty Assignment [5,000]
Per Diem Rate Waiver......
SUBTOTAL UNDISTRIBUTED.... -47,100
TOTAL OPERATION & 32,571,590 32,686,679
MAINTENANCE, DEFENSE-WIDE
MISCELLANEOUS APPROPRIATIONS
MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE 14,194 14,194
ARMED FORCES, DEFENSE........
020 OVERSEAS HUMANITARIAN, 105,125 105,125
DISASTER AND CIVIC AID.......
030 COOPERATIVE THREAT REDUCTION.. 325,604 325,604
050 ENVIRONMENTAL RESTORATION, 170,167 170,167
ARMY.........................
060 ENVIRONMENTAL RESTORATION, 281,762 281,762
NAVY.........................
070 ENVIRONMENTAL RESTORATION, AIR 371,521 371,521
FORCE........................
080 ENVIRONMENTAL RESTORATION, 9,009 9,009
DEFENSE......................
090 ENVIRONMENTAL RESTORATION 197,084 197,084
FORMERLY USED SITES..........
SUBTOTAL MISCELLANEOUS 1,474,466 1,474,466
APPROPRIATIONS............
TOTAL MISCELLANEOUS 1,474,466 1,474,466
APPROPRIATIONS...........
TOTAL OPERATION & 171,318,488 171,870,896
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................. 427,063 416,263
Army requested realignment [-10,800]
(ERI)......................
040 THEATER LEVEL ASSETS........... 1,834,423 1,834,423
050 LAND FORCES OPERATIONS SUPPORT. 558,086 426,086
Army requested realignment [-132,000]
(ERI)......................
060 AVIATION ASSETS................ 58,620 58,620
070 FORCE READINESS OPERATIONS 1,552,468 1,550,468
SUPPORT.......................
Army requested realignment [-2,000]
(ERI)......................
080 LAND FORCES SYSTEMS READINESS.. 476,853 476,853
100 BASE OPERATIONS SUPPORT........ 45,749 45,749
140 ADDITIONAL ACTIVITIES.......... 8,234,566 8,234,566
150 COMMANDERS EMERGENCY RESPONSE 5,000 5,000
PROGRAM.......................
160 RESET.......................... 1,100,722 1,100,722
[[Page 130 STAT. 2863]]
170 COMBATANT COMMANDS DIRECT 79,568 79,568
MISSION SUPPORT...............
SUBTOTAL OPERATING FORCES.. 14,373,118 14,228,318
MOBILIZATION
190 ARMY PREPOSITIONED STOCKS...... 350,200 130,000
Army requested realignment [-220,200]
(ERI)......................
SUBTOTAL MOBILIZATION...... 350,200 130,000
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION..... 720,399 840,399
Army requested realignment [120,000]
(ERI)......................
380 AMMUNITION MANAGEMENT.......... 13,974 13,974
420 OTHER PERSONNEL SUPPORT........ 105,508 105,508
450 REAL ESTATE MANAGEMENT......... 185,904 185,904
530 CLASSIFIED PROGRAMS............ 909,278 909,278
SUBTOTAL ADMIN & SRVWIDE 1,935,063 2,055,063
ACTIVITIES.................
TOTAL OPERATION & 16,658,381 16,413,381
MAINTENANCE, ARMY.........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE......... 6,252 6,252
040 LAND FORCES OPERATIONS SUPPORT. 2,075 2,075
060 FORCE READINESS OPERATIONS 1,140 1,140
SUPPORT.......................
090 BASE OPERATIONS SUPPORT........ 14,653 14,653
SUBTOTAL OPERATING FORCES.. 24,120 24,120
TOTAL OPERATION & 24,120 24,120
MAINTENANCE, ARMY RES.....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................. 10,564 10,564
020 MODULAR SUPPORT BRIGADES....... 748 748
030 ECHELONS ABOVE BRIGADE......... 5,751 5,751
040 THEATER LEVEL ASSETS........... 200 200
060 AVIATION ASSETS................ 27,183 27,183
070 FORCE READINESS OPERATIONS 2,741 2,741
SUPPORT.......................
100 BASE OPERATIONS SUPPORT........ 18,800 18,800
120 MANAGEMENT AND OPERATIONAL 920 920
HEADQUARTERS..................
SUBTOTAL OPERATING FORCES.. 66,907 66,907
TOTAL OPERATION & 66,907 66,907
MAINTENANCE, ARNG.........
AFGHANISTAN SECURITY FORCES
FUND
MINISTRY OF DEFENSE
010 SUSTAINMENT.................... 2,173,341 2,173,341
020 INFRASTRUCTURE................. 48,262 48,262
030 EQUIPMENT AND TRANSPORTATION... 821,716 821,716
040 TRAINING AND OPERATIONS........ 289,139 289,139
SUBTOTAL MINISTRY OF 3,332,458 3,332,458
DEFENSE....................
MINISTRY OF INTERIOR
050 SUSTAINMENT.................... 860,441 860,441
060 INFRASTRUCTURE................. 20,837 20,837
[[Page 130 STAT. 2864]]
070 EQUIPMENT AND TRANSPORTATION... 8,153 8,153
080 TRAINING AND OPERATIONS........ 41,326 41,326
SUBTOTAL MINISTRY OF 930,757 930,757
INTERIOR...................
TOTAL AFGHANISTAN SECURITY 4,263,215 4,263,215
FORCES FUND...............
IRAQ TRAIN AND EQUIP FUND
IRAQ TRAIN AND EQUIP FUND
010 IRAQ TRAIN AND EQUIP FUND...... 919,500 0
Transfer to Counter-ISIL [-919,500]
Fund.......................
SUBTOTAL IRAQ TRAIN AND 919,500 0
EQUIP FUND.................
TOTAL IRAQ TRAIN AND EQUIP 919,500 0
FUND......................
SYRIA TRAIN AND EQUIP FUND
SYRIA TRAIN AND EQUIP FUND
010 SYRIA TRAIN AND EQUIP FUND..... 250,000 0
Transfer to Counter-ISIL [-250,000]
Fund.......................
SUBTOTAL SYRIA TRAIN AND 250,000 0
EQUIP FUND.................
TOTAL SYRIA TRAIN AND 250,000 0
EQUIP FUND................
COUNTER-ISIL FUND
COUNTER-ISIL FUND
010 COUNTER-ISIL FUND.............. 1,169,500
Transfer from Iraq Train [919,500]
and Equip..................
Transfer from Syria Train [250,000]
and Equip..................
SUBTOTAL COUNTER-ISIL FUND. 1,169,500
TOTAL COUNTER-ISIL FUND... 1,169,500
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 427,452 427,452
OPERATIONS....................
040 AIR OPERATIONS AND SAFETY 4,603 4,603
SUPPORT.......................
050 AIR SYSTEMS SUPPORT............ 159,049 159,049
060 AIRCRAFT DEPOT MAINTENANCE..... 113,994 113,994
070 AIRCRAFT DEPOT OPERATIONS 1,840 1,840
SUPPORT.......................
080 AVIATION LOGISTICS............. 35,529 35,529
090 MISSION AND OTHER SHIP 1,073,080 1,073,080
OPERATIONS....................
100 SHIP OPERATIONS SUPPORT & 17,306 17,306
TRAINING......................
110 SHIP DEPOT MAINTENANCE......... 2,128,431 2,128,431
130 COMBAT COMMUNICATIONS.......... 21,257 21,257
160 WARFARE TACTICS................ 22,603 22,603
170 OPERATIONAL METEOROLOGY AND 22,934 22,934
OCEANOGRAPHY..................
180 COMBAT SUPPORT FORCES.......... 575,305 575,305
190 EQUIPMENT MAINTENANCE.......... 11,358 11,358
250 IN-SERVICE WEAPONS SYSTEMS 61,000 61,000
SUPPORT.......................
260 WEAPONS MAINTENANCE............ 309,045 309,045
270 OTHER WEAPON SYSTEMS SUPPORT... 8,000 8,000
290 SUSTAINMENT, RESTORATION AND 7,819 7,819
MODERNIZATION.................
300 BASE OPERATING SUPPORT......... 61,493 61,493
SUBTOTAL OPERATING FORCES.. 5,062,098 5,062,098
MOBILIZATION
330 AIRCRAFT ACTIVATIONS/ 1,530 1,530
INACTIVATIONS.................
[[Page 130 STAT. 2865]]
350 EXPEDITIONARY HEALTH SERVICES 6,713 6,713
SYSTEMS.......................
370 COAST GUARD SUPPORT............ 162,692 162,692
SUBTOTAL MOBILIZATION...... 170,935 170,935
TRAINING AND RECRUITING
410 SPECIALIZED SKILL TRAINING..... 43,365 43,365
SUBTOTAL TRAINING AND 43,365 43,365
RECRUITING.................
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION................. 3,764 3,764
500 EXTERNAL RELATIONS............. 515 515
520 MILITARY MANPOWER AND PERSONNEL 5,409 5,409
MANAGEMENT....................
530 OTHER PERSONNEL SUPPORT........ 1,578 1,578
570 SERVICEWIDE TRANSPORTATION..... 126,700 126,700
600 ACQUISITION AND PROGRAM 9,261 9,261
MANAGEMENT....................
640 NAVAL INVESTIGATIVE SERVICE.... 1,501 1,501
730 CLASSIFIED PROGRAMS............ 16,280 16,280
SUBTOTAL ADMIN & SRVWD 165,008 165,008
ACTIVITIES.................
TOTAL OPERATION & 5,441,406 5,441,406
MAINTENANCE, NAVY.........
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............. 571,935 571,935
020 FIELD LOGISTICS................ 266,094 266,094
030 DEPOT MAINTENANCE.............. 147,000 147,000
060 BASE OPERATING SUPPORT......... 18,576 18,576
SUBTOTAL OPERATING FORCES.. 1,003,605 1,003,605
TRAINING AND RECRUITING
110 TRAINING SUPPORT............... 31,750 31,750
SUBTOTAL TRAINING AND 31,750 31,750
RECRUITING.................
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION..... 73,800 73,800
200 CLASSIFIED PROGRAMS............ 3,650 3,650
SUBTOTAL ADMIN & SRVWD 77,450 77,450
ACTIVITIES.................
TOTAL OPERATION & 1,112,805 1,112,805
MAINTENANCE, MARINE CORPS.
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
030 AIRCRAFT DEPOT MAINTENANCE..... 16,500 16,500
050 AVIATION LOGISTICS............. 2,522 2,522
100 COMBAT SUPPORT FORCES.......... 7,243 7,243
SUBTOTAL OPERATING FORCES.. 26,265 26,265
TOTAL OPERATION & 26,265 26,265
MAINTENANCE, NAVY RES.....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES............... 2,500 2,500
040 BASE OPERATING SUPPORT......... 804 804
SUBTOTAL OPERATING FORCES.. 3,304 3,304
[[Page 130 STAT. 2866]]
TOTAL OPERATION & 3,304 3,304
MAINTENANCE, MC RESERVE...
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES.......... 1,852,159 1,890,159
Enhancing readiness levels [10,000]
of DCA aircraft............
ERI nuclear readiness...... [28,000]
020 COMBAT ENHANCEMENT FORCES...... 1,127,319 1,127,319
030 AIR OPERATIONS TRAINING (OJT, 152,278 152,278
MAINTAIN SKILLS)..............
040 DEPOT MAINTENANCE.............. 1,061,506 1,087,106
Compass Call Program [25,600]
Restructure................
050 FACILITIES SUSTAINMENT, 56,700 56,700
RESTORATION & MODERNIZATION...
060 BASE SUPPORT................... 941,714 941,714
070 GLOBAL C3I AND EARLY WARNING... 30,219 30,219
080 OTHER COMBAT OPS SPT PROGRAMS.. 213,696 218,696
Promoting additional DCA [5,000]
burden sharing.............
100 LAUNCH FACILITIES.............. 869 869
110 SPACE CONTROL SYSTEMS.......... 5,008 5,008
120 COMBATANT COMMANDERS DIRECT 100,081 100,081
MISSION SUPPORT...............
135 CLASSIFIED PROGRAMS............ 79,893 79,893
SUBTOTAL OPERATING FORCES.. 5,621,442 5,690,042
MOBILIZATION
140 AIRLIFT OPERATIONS............. 2,606,729 2,606,729
150 MOBILIZATION PREPAREDNESS...... 108,163 108,163
160 DEPOT MAINTENANCE.............. 891,102 891,102
180 BASE SUPPORT................... 3,686 3,686
SUBTOTAL MOBILIZATION...... 3,609,680 3,609,680
TRAINING AND RECRUITING
230 BASE SUPPORT................... 52,740 52,740
240 SPECIALIZED SKILL TRAINING..... 4,500 4,500
SUBTOTAL TRAINING AND 57,240 57,240
RECRUITING.................
ADMIN & SRVWD ACTIVITIES
340 LOGISTICS OPERATIONS........... 86,716 86,716
380 BASE SUPPORT................... 59,133 59,133
400 SERVICEWIDE COMMUNICATIONS..... 165,348 165,348
410 OTHER SERVICEWIDE ACTIVITIES... 141,883 116,825
Program reduction.......... [-25,058]
450 INTERNATIONAL SUPPORT.......... 61 61
460 CLASSIFIED PROGRAMS............ 15,823 15,823
SUBTOTAL ADMIN & SRVWD 468,964 443,906
ACTIVITIES.................
TOTAL OPERATION & 9,757,326 9,800,868
MAINTENANCE, AIR FORCE....
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT MAINTENANCE.............. 51,086 51,086
050 BASE SUPPORT................... 6,500 6,500
SUBTOTAL OPERATING FORCES.. 57,586 57,586
TOTAL OPERATION & 57,586 57,586
MAINTENANCE, AF RESERVE...
[[Page 130 STAT. 2867]]
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS..... 3,400 3,400
050 BASE SUPPORT................... 16,600 16,600
SUBTOTAL OPERATING FORCES.. 20,000 20,000
TOTAL OPERATION & 20,000 20,000
MAINTENANCE, ANG..........
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF.......... 10,000
Enhancing exercise of DCA [10,000]
aircraft...................
030 SPECIAL OPERATIONS COMMAND/ 2,853,363 2,853,363
OPERATING FORCES..............
SUBTOTAL OPERATING FORCES.. 2,853,363 2,863,363
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
100 DEFENSE CONTRACT AUDIT AGENCY.. 13,436 13,436
110 DEFENSE CONTRACT MANAGEMENT 13,564 13,564
AGENCY........................
130 DEFENSE INFORMATION SYSTEMS 34,299 34,299
AGENCY........................
150 DEFENSE LEGAL SERVICES AGENCY.. 111,986 111,986
170 DEFENSE MEDIA ACTIVITY......... 13,317 13,317
190 DEFENSE SECURITY COOPERATION 1,412,000 2,162,000
AGENCY........................
Transfer from [750,000]
Counterterrorism
Partnership Fund...........
260 DEPARTMENT OF DEFENSE EDUCATION 67,000 67,000
ACTIVITY......................
300 OFFICE OF THE SECRETARY OF 31,106 31,106
DEFENSE.......................
320 WASHINGTON HEADQUARTERS 3,137 3,137
SERVICES......................
330 CLASSIFIED PROGRAMS............ 1,803,880 1,803,880
SUBTOTAL ADMINISTRATION AND 3,503,725 4,253,725
SERVICEWIDE ACTIVITIES.....
TOTAL OPERATION & 6,357,088 7,117,088
MAINTENANCE, DEFENSE-WIDE.
TOTAL OPERATION & 44,957,903 45,516,445
MAINTENANCE...............
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS FOR BASE REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS FOR BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................. 317,093 317,093
020 MODULAR SUPPORT BRIGADES....... 5,904 5,904
030 ECHELONS ABOVE BRIGADE......... 38,614 38,614
040 THEATER LEVEL ASSETS........... 8,361 8,361
050 LAND FORCES OPERATIONS SUPPORT. 279,072 279,072
060 AVIATION ASSETS................ 106,424 106,424
070 FORCE READINESS OPERATIONS 253,533 253,533
SUPPORT.......................
090 LAND FORCES DEPOT MAINTENANCE.. 350,000 350,000
110 FACILITIES SUSTAINMENT, 113,800
RESTORATION & MODERNIZATION...
Increase Restoration & [113,800]
Modernization funding......
[[Page 130 STAT. 2868]]
140 ADDITIONAL ACTIVITIES.......... 11,200 11,200
SUBTOTAL OPERATING FORCES.. 1,370,201 1,484,001
TRAINING AND RECRUITING
250 SPECIALIZED SKILL TRAINING..... 3,565 3,565
270 PROFESSIONAL DEVELOPMENT 9,021 9,021
EDUCATION.....................
280 TRAINING SUPPORT............... 2,434 2,434
290 RECRUITING AND ADVERTISING..... 284,800
Recruiting and Advertising [284,800]
Add........................
320 CIVILIAN EDUCATION AND TRAINING 1,254 1,254
SUBTOTAL TRAINING AND 16,274 301,074
RECRUITING.................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION..... 200,000 200,000
SUBTOTAL ADMIN & SRVWIDE 200,000 200,000
ACTIVITIES.................
UNDISTRIBUTED
540 UNDISTRIBUTED.................. 563,400
Additional funding to [563,400]
support increase in Army
end strength...............
SUBTOTAL UNDISTRIBUTED..... 563,400
TOTAL OPERATION & 1,586,475 2,548,475
MAINTENANCE, ARMY.........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES....... 708 708
020 ECHELONS ABOVE BRIGADE......... 8,570 8,570
030 THEATER LEVEL ASSETS........... 375 375
040 LAND FORCES OPERATIONS SUPPORT. 13 13
050 AVIATION ASSETS................ 608 608
060 FORCE READINESS OPERATIONS 4,285 4,285
SUPPORT.......................
100 FACILITIES SUSTAINMENT, 13,100
RESTORATION & MODERNIZATION...
Increase Restoration & [13,100]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 14,559 27,659
UNDISTRIBUTED
180 UNDISTRIBUTED.................. 82,700
Additional funding to [82,700]
support increase in Army
Reserve end strength.......
SUBTOTAL UNDISTRIBUTED..... 82,700
TOTAL OPERATION & 14,559 110,359
MAINTENANCE, ARMY RES.....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................. 5,585 5,585
030 ECHELONS ABOVE BRIGADE......... 28,956 28,956
040 THEATER LEVEL ASSETS........... 10,272 10,272
060 AVIATION ASSETS................ 5,621 5,621
070 FORCE READINESS OPERATIONS 9,694 9,694
SUPPORT.......................
110 FACILITIES SUSTAINMENT, 1,500
RESTORATION & MODERNIZATION...
Increase Restoration & [1,500]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 60,128 61,628
[[Page 130 STAT. 2869]]
UNDISTRIBUTED
190 UNDISTRIBUTED.................. 127,300
Additional funding to [127,300]
support increase in Army
National Guard end strength
SUBTOTAL UNDISTRIBUTED..... 127,300
TOTAL OPERATION & 60,128 188,928
MAINTENANCE, ARNG.........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 500,000 500,000
OPERATIONS....................
110 SHIP DEPOT MAINTENANCE......... 775,000 775,000
290 SUSTAINMENT, RESTORATION AND 19,270 45,370
MODERNIZATION.................
Increase Restoration & [26,100]
Modernization funding......
300 BASE OPERATING SUPPORT......... 158,032 158,032
SUBTOTAL OPERATING FORCES.. 1,452,302 1,478,402
MOBILIZATION
350 EXPEDITIONARY HEALTH SERVICES 3,597 3,597
SYSTEMS.......................
SUBTOTAL MOBILIZATION...... 3,597 3,597
ADMIN & SRVWD ACTIVITIES
540 SERVICEWIDE COMMUNICATIONS..... 25,617 25,617
SUBTOTAL ADMIN & SRVWD 25,617 25,617
ACTIVITIES.................
TOTAL OPERATION & 1,481,516 1,507,616
MAINTENANCE, NAVY.........
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............. 300,000 300,000
050 SUSTAINMENT, RESTORATION & 7,200
MODERNIZATION.................
Increase Restoration & [7,200]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 300,000 307,200
TOTAL OPERATION & 300,000 307,200
MAINTENANCE, MARINE CORPS.
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
130 SUSTAINMENT, RESTORATION AND 500
MODERNIZATION.................
Increase Restoration & [500]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 500
TOTAL OPERATION & 500
MAINTENANCE, NAVY RES.....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
030 SUSTAINMENT, RESTORATION AND 1,000
MODERNIZATION.................
Increase Restoration & [1,000]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 1,000
TOTAL OPERATION & 1,000
MAINTENANCE, MC RESERVE...
[[Page 130 STAT. 2870]]
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
040 DEPOT MAINTENANCE.............. 124,000 124,000
050 FACILITIES SUSTAINMENT, 32,900
RESTORATION & MODERNIZATION...
Increase Restoration & [32,900]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 124,000 156,900
MOBILIZATION
170 FACILITIES SUSTAINMENT, 5,100
RESTORATION & MODERNIZATION...
Increase Restoration & [5,100]
Modernization funding......
SUBTOTAL MOBILIZATION...... 5,100
TRAINING AND RECRUITING
220 FACILITIES SUSTAINMENT, 4,700
RESTORATION & MODERNIZATION...
Increase Restoration & [4,700]
Modernization funding......
SUBTOTAL TRAINING AND 4,700
RECRUITING.................
ADMIN & SRVWD ACTIVITIES
370 FACILITIES SUSTAINMENT, 6,400
RESTORATION & MODERNIZATION...
Increase Restoration & [6,400]
Modernization funding......
SUBTOTAL ADMIN & SRVWD 6,400
ACTIVITIES.................
TOTAL OPERATION & 124,000 173,100
MAINTENANCE, AIR FORCE....
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 1,600
RESTORATION & MODERNIZATION...
Increase Restoration & [1,600]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 1,600
TOTAL OPERATION & 1,600
MAINTENANCE, AF RESERVE...
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 4,300
RESTORATION & MODERNIZATION...
Increase Restoration & [4,300]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 4,300
TOTAL OPERATION & 4,300
MAINTENANCE, ANG..........
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
030 SPECIAL OPERATIONS COMMAND/ 14,344 14,344
OPERATING FORCES..............
SUBTOTAL OPERATING FORCES.. 14,344 14,344
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
130 DEFENSE INFORMATION SYSTEMS 14,700 14,700
AGENCY........................
330 CLASSIFIED PROGRAMS............ 9,000 9,000
[[Page 130 STAT. 2871]]
SUBTOTAL ADMINISTRATION AND 23,700 23,700
SERVICEWIDE ACTIVITIES.....
TOTAL OPERATION & 38,044 38,044
MAINTENANCE, DEFENSE-WIDE.
TOTAL OPERATION & 3,604,722 4,881,122
MAINTENANCE...............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 128,902,332 128,202,564
Military Personnel Pay Raise.......... [330,000]
Marine Corps--Bonus Pay/PCS Resotral/ [49,000]
Foreign Language Bonus...............
Foreign currency adjustments.......... [-200,400]
Historical unobligated balances....... [-880,050]
National Guard State Partnership [841]
Program, Army, Special Training......
National Guard State Partnership [841]
Program, Air Force, Special Training.
Medicare-Eligible Retiree Health Fund 6,366,908 6,366,908
Contributions........................
Total, Military Personnel........... 135,269,240 134,569,472
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 3,644,161 3,644,161
Total, Military Personnel 3,644,161 3,644,161
Appropriations.....................
------------------------------------------------------------------------
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS
FOR BASE REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 62,965 1,350,465
Fund Active Army End Strength to 476k. [719,000]
Fund Army National Guard End Strength [129,600]
to 343k..............................
Fund Army Reserves End Strength to [53,300]
199k.................................
Fund Active Navy End Strength to [29,600]
323.9k...............................
[[Page 130 STAT. 2872]]
Fund Active Air Force End Strength to [116,000]
321k.................................
Fund Active Marine Corps End Strength [240,000]
to 185k..............................
Total, Military Personnel........... 62,965 1,350,465
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
SUPPLY MANAGEMENT--ARMY............... 56,469 56,469
TOTAL WORKING CAPITAL FUND, ARMY... 56,469 56,469
WORKING CAPITAL FUND, AIR FORCE
SUPPLIES AND MATERIALS................ 63,967 63,967
TOTAL WORKING CAPITAL FUND, AIR 63,967 63,967
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF.......... 37,132 37,132
TOTAL WORKING CAPITAL FUND, DEFENSE- 37,132 37,132
WIDE...............................
WORKING CAPITAL FUND, DECA
COMMISSARY............................ 1,214,045 1,214,045
TOTAL WORKING CAPITAL FUND, DECA... 1,214,045 1,214,045
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 147,282 147,282
RDT&E................................. 388,609 388,609
PROCUREMENT........................... 15,132 15,132
TOTAL CHEM AGENTS & MUNITIONS 551,023 551,023
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 730,087 605,087
ACTIVITIES, DEFENSE..................
Transfer to Defense Security [-125,000]
Cooperation Agency...............
DRUG DEMAND REDUCTION PROGRAM......... 114,713 114,713
TOTAL DRUG INTERDICTION & CTR-DRUG 844,800 719,800
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE............. 318,882 318,882
RDT&E................................. 3,153 3,153
TOTAL OFFICE OF THE INSPECTOR 322,035 322,035
GENERAL............................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE......................... 9,240,160 9,240,160
PRIVATE SECTOR CARE................... 15,738,759 15,738,759
CONSOLIDATED HEALTH SUPPORT........... 2,367,759 2,367,759
INFORMATION MANAGEMENT................ 1,743,749 1,743,749
[[Page 130 STAT. 2873]]
MANAGEMENT ACTIVITIES................. 311,380 311,380
EDUCATION AND TRAINING................ 743,231 743,231
BASE OPERATIONS/COMMUNICATIONS........ 2,086,352 2,086,352
SUBTOTAL OPERATION & MAINTENANCE... 32,231,390 32,231,390
RDT&E
RESEARCH.............................. 9,097 9,097
EXPLORATRY DEVELOPMENT................ 58,517 58,517
ADVANCED DEVELOPMENT.................. 221,226 221,226
DEMONSTRATION/VALIDATION.............. 96,602 96,602
ENGINEERING DEVELOPMENT............... 364,057 364,057
MANAGEMENT AND SUPPORT................ 58,410 58,410
CAPABILITIES ENHANCEMENT.............. 14,998 14,998
SUBTOTAL RDT&E..................... 822,907 822,907
PROCUREMENT
INITIAL OUTFITTING.................... 20,611 20,611
REPLACEMENT & MODERNIZATION........... 360,727 360,727
JOINT OPERATIONAL MEDICINE INFORMATION 2,413 2,413
SYSTEM...............................
DOD HEALTHCARE MANAGEMENT SYSTEM 29,468 29,468
MODERNIZATION........................
SUBTOTAL PROCUREMENT............... 413,219 413,219
UNDISTRIBUTED
Historical unobligated balances.. [-399,100]
Reduction for unjustified travel [-6,500]
expenses.........................
Reimbursement rates for [32,000]
Comprehensive Autism Care
Demonstration program............
SUBTOTAL UNDISTRIBUTED............. -373,600
TOTAL DEFENSE HEALTH PROGRAM....... 33,467,516 33,093,916
TOTAL OTHER AUTHORIZATIONS......... 36,556,987 36,058,387
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY............... 46,833 46,833
TOTAL WORKING CAPITAL FUND, ARMY... 46,833 46,833
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA)........ 93,800 93,800
TOTAL WORKING CAPITAL FUND, DEFENSE- 93,800 93,800
WIDE...............................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 191,533 191,533
ACTIVITIES, DEFENSE..................
TOTAL DRUG INTERDICTION & CTR-DRUG 191,533 191,533
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
[[Page 130 STAT. 2874]]
OPERATION AND MAINTENANCE............. 22,062 22,062
TOTAL OFFICE OF THE INSPECTOR 22,062 22,062
GENERAL............................
DEFENSE HEALTH PROGRAM
OPERATION AND MAINTENANCE
IN-HOUSE CARE......................... 95,366 95,366
PRIVATE SECTOR CARE................... 235,620 235,620
CONSOLIDATED HEALTH SUPPORT........... 3,325 3,325
SUBTOTAL OPERATION AND MAINTENANCE. 334,311 334,311
TOTAL DEFENSE HEALTH PROGRAM....... 334,311 334,311
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE........... 350,000
Program increase................. [350,000]
TOTAL UKRAINE SECURITY ASSISTANCE.. 350,000
COUNTERTERRORISM PARTNERSHIPS FUND
COUNTERTERRORISM PARTNERSHIPS FUND.... 1,000,000 0
Program decrease................. [-250,000]
Transfer to Counter-ISIL Fund.... [-750,000]
TOTAL COUNTERTERRORISM PARTNERSHIPS 1,000,000 0
FUND...............................
TOTAL OTHER AUTHORIZATIONS......... 1,688,539 1,038,539
------------------------------------------------------------------------
SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS FOR BASE REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request Authorized
------------------------------------------------------------------------
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 23,800 23,800
ACTIVITIES, DEFENSE..................
TOTAL DRUG INTERDICTION & CTR-DRUG 23,800 23,800
ACTIVITIES, DEF....................
TOTAL OTHER AUTHORIZATIONS......... 23,800 23,800
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2017 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alaska
Army Fort Wainwright Unmanned Aerial Vehicle 47,000 47,000
Hangar.
California
Army Concord Access Control Point....... 12,600 12,600
Colorado
Army Fort Carson Automated Infantry Platoon 8,100 8,100
Battle Course.
Army Fort Carson Unmanned Aerial Vehicle 5,000 5,000
Hangar.
[[Page 130 STAT. 2875]]
Cuba
Army Guantanamo Bay Guantanamo Bay Naval 33,000 33,000
Station Migration Complex.
Georgia
Army Fort Gordon Access Control Point....... 0 0
Army Fort Gordon Company Operations Facility 0 10,600
Army Fort Gordon Cyber Protection Team Ops 90,000 90,000
Facility.
Army Fort Stewart Automated Qualification/ 14,800 14,800
Training Range.
Germany
Army East Camp Grafenwoehr Training Support Center.... 22,000 22,000
Army Garmisch Dining Facility............ 9,600 9,600
Army Wiesbaden Army Controlled Humidity 16,500 16,500
Airfield Warehouse.
Army Wiesbaden Army Hazardous Material Storage 2,700 2,700
Airfield Building.
Hawaii
Army Fort Shafter Command and Control 40,000 40,000
Facility, Incr 2.
Missouri
Army Fort Leonard Wood Fire Station............... 0 6,900
Texas
Army Fort Hood Automated Infantry Platoon 7,600 7,600
Battle Course.
Utah
Army Camp Williams Live Fire Exercise 7,400 7,400
Shoothouse.
Virginia
Army Fort Belvoir Secure Admin/Operations 64,000 64,000
Facility, Incr 2.
Army Fort Belvoir Vehicle Maintenance Shop... 0 23,000
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support FY17... 18,000 18,000
Locations
Army Unspecified Worldwide Minor Construction FY17.... 25,000 35,000
Locations
Army Unspecified Worldwide Planning and Design FY17... 80,159 80,159
Locations
........................
Military Construction, Army Total 503,459 553,959
......................
Arizona
Navy Yuma VMX-22 Maintenance Hangar.. 48,355 48,355
California
Navy Coronado Coastal Campus Entry 13,044 13,044
Control Point.
Navy Coronado Coastal Campus Utilities 81,104 81,104
Infrastructure.
Navy Coronado Grace Hopper Data Center 10,353 10,353
Power Upgrades.
Navy Lemoore F-35C Engine Repair 26,723 26,723
Facility.
Navy Miramar Aircraft Maintenance 0 79,399
Hangar, Incr 1.
Navy Miramar Communications Complex & 0 34,700
Infrastructure Upgrade.
Navy Miramar F-35 Aircraft Parking Apron 0 40,000
Navy San Diego Energy Security Hospital 6,183 0
Microgrid.
Navy Seal Beach Missile Magazines.......... 21,007 21,007
Florida
Navy Eglin AFB WMD Field Training 20,489 20,489
Facilities.
Navy Mayport NS Advanced Wastewater 0 0
Treatment Plant.
Navy Pensacola A-School Dormitory......... 0 0
Guam
Navy Joint Region Marianas Hardening of Guam POL 26,975 26,975
Infrastructure.
Navy Joint Region Marianas Power Upgrade--Harmon...... 62,210 62,210
Hawaii
[[Page 130 STAT. 2876]]
Navy Barking Sands Upgrade Power Plant & 43,384 43,384
Electrical Distrib Sys.
Navy Kaneohe Bay Regimental Consolidated 72,565 72,565
Comm/Elec Facility.
Japan
Navy Kadena AB Aircraft Maintenance 26,489 26,489
Complex.
Navy Sasebo Shore Power (Juliet Pier).. 16,420 16,420
Maine
Navy Kittery Unaccompanied Housing...... 17,773 17,773
Navy Kittery Utility Improvements for 30,119 30,119
Nuclear Platforms.
Maryland
Navy Patuxent River UCLASS RDT&E Hangar........ 40,576 40,576
Nevada
Navy Fallon Air Wing Simulator Facility 13,523 13,523
North Carolina
Navy Camp Lejeune Range Facilities Safety 18,482 18,482
Improvements.
Navy Cherry Point Central Heating Plant 12,515 12,515
Conversion.
South Carolina
Navy Beaufort Aircraft Maintenance Hangar 83,490 83,490
Navy Parris Island Recruit Reconditioning 29,882 29,882
Center & Barracks.
Spain
Navy Rota Communication Station...... 23,607 23,607
Virginia
Navy Norfolk Chambers Field Magazine 0 27,000
Recap Ph I.
Washington
Navy Bangor SEAWOLF Class Service Pier. 0 73,000
Navy Bangor Service Pier Electrical 18,939 18,939
Upgrades.
Navy Bangor Submarine Refit Maint 21,476 21,476
Support Facility.
Navy Bremerton Nuclear Repair Facility.... 6,704 6,704
Navy Whidbey Island EA-18G Maintenance Hangar.. 45,501 45,501
Navy Whidbey Island Triton Mission Control 30,475 30,475
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design........ 88,230 88,230
Locations
Navy Unspecified Worldwide Unspecified Minor 29,790 29,790
Locations Construction.
Navy Various Worldwide Triton Forward Operating 41,380 41,380
Locations Base Hangar.
........................
Military Construction, Navy Total 1,027,763 1,275,679
......................
Alabama
AF Maxwell AFB Jag School Expansion....... 0 15,500
Alaska
AF Clear AFS Fire Station............... 20,000 20,000
AF Eielson AFB F-35A ADAL Field Training 22,100 22,100
Detachment Fac.
AF Eielson AFB F-35A Aircraft Weather 82,300 82,300
Shelter (Sqd 2).
AF Eielson AFB F-35A Aircraft Weather 79,500 79,500
Shelters (Sqd 1).
AF Eielson AFB F-35A Earth Covered 11,300 11,300
Magazines.
AF Eielson AFB F-35A Hangar/Propulsion MX/ 44,900 44,900
Dispatch.
AF Eielson AFB F-35A Hangar/Squad Ops/AMU 42,700 42,700
Sq #2.
AF Eielson AFB F-35A Missile Maintenance 12,800 12,800
Facility.
AF Joint Base Elmendorf- Add/Alter AWACS Alert 29,000 29,000
Richardson Hangar.
Arizona
AF Luke AFB F-35A Squad Ops/Aircraft 20,000 20,000
Maint Unit #5.
Australia
AF Darwin APR--Aircraft MX Support 1,800 1,800
Facility.
AF Darwin APR--Expand Parking Apron.. 28,600 28,600
California
[[Page 130 STAT. 2877]]
AF Edwards AFB Flightline Fire Station.... 24,000 24,000
Colorado
AF Buckley AFB Small Arms Range Complex... 13,500 13,500
Delaware
AF Dover AFB Aircraft Maintenance Hangar 39,000 39,000
Florida
AF Eglin AFB Advanced Munitions 75,000 75,000
Technology Complex.
AF Eglin AFB Dormitories (288 rooms).... 0 35,000
AF Eglin AFB Flightline Fire Station.... 13,600 13,600
AF Patrick AFB Fire/Crash Rescue Station.. 13,500 13,500
Georgia
AF Moody AFB Personnel Recovery 4-Bay 30,900 30,900
Hangar/Helo MX Unit.
Germany
AF Ramstein AB 37 AS Squadron Operations/ 13,437 13,437
Aircraft Maint Unit.
AF Spangdahlem AB EIC--Site Development and 43,465 43,465
Infrastructure.
Guam
AF Joint Region Marianas APR--Munitions Storage 35,300 35,300
Igloos, Ph 2.
AF Joint Region Marianas APR--SATCOM C4I Facility... 14,200 14,200
AF Joint Region Marianas Block 40 Maintenance Hangar 31,158 31,158
Illinois
AF Scott AFB Consolidated Corrosion 0 41,000
Facility add/alter.
Japan
AF Kadena AB APR--Replace Munitions 19,815 19,815
Structures.
AF Yokota AB C-130J Corrosion Control 23,777 23,777
Hangar.
AF Yokota AB Construct Combat Arms 8,243 8,243
Training & Maint Fac.
Kansas
AF McConnell AFB Air Traffic Control Tower.. 11,200 11,200
AF McConnell AFB KC-46A ADAL Taxiway Delta.. 5,600 5,600
AF McConnell AFB KC-46A Alter Flight 3,000 3,000
Simulator Bldgs.
Louisiana
AF Barksdale AFB Consolidated Communication 21,000 21,000
Facility.
Mariana Islands
AF Unspecified Location APR--Land Acquisition...... 9,000 9,000
Maryland
AF Joint Base Andrews 21 Points Enclosed Firing 13,000 13,000
Range.
AF Joint Base Andrews Consolidated Communications 0 50,000
Center.
AF Joint Base Andrews PAR Relocate JADOC 3,500 3,500
Satellite Site.
Massachusetts
AF Hanscom AFB Construct Vandenberg Gate 0 10,965
Complex.
AF Hanscom AFB System Management 20,000 20,000
Engineering Facility.
Montana
AF Malmstrom AFB Missile Maintenance 14,600 14,600
Facility.
Nevada
AF Nellis AFB F-35A POL Fill Stand 10,600 10,600
Addition.
New Mexico
AF Cannon AFB North Fitness Center....... 21,000 21,000
AF Holloman AFB Hazardous Cargo Pad and 10,600 10,600
Taxiway.
AF Kirtland AFB Combat Rescue Helicopter 7,300 7,300
Simulator.
Ohio
AF Wright-Patterson AFB Relocated Entry Control 12,600 12,600
Facility 26A.
Oklahoma
AF Altus AFB KC-46A FTU/FTC Simulator 11,600 11,600
Facility Ph 2.
[[Page 130 STAT. 2878]]
AF Tinker AFB E-3G Mission and Flight 0 26,000
Simulator Training
Facility.
AF Tinker AFB KC-46A Depot System 17,000 17,000
Integration Laboratory.
South Carolina
AF Joint Base Charleston Fire & Rescue Station...... 0 17,000
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 6.... 67,300 67,300
Turkey
AF Incirlik AB Airfield Fire/Crash Rescue 13,449 13,449
Station.
United Arab Emirates
AF Al Dhafra Large Aircraft Maintenance 35,400 35,400
Hangar.
United Kingdom
AF RAF Croughton JIAC Consolidation--Ph 3... 53,082 53,082
AF RAF Croughton Main Gate Complex.......... 16,500 16,500
Utah
AF Hill AFB 649 MUNS Munitions Storage 6,600 6,600
Magazines.
AF Hill AFB 649 MUNS Precision Guided 8,700 8,700
Missile MX Facility.
AF Hill AFB 649 MUNS STAMP/Maint & 12,000 12,000
Inspection Facility.
AF Hill AFB Composite Aircraft Antenna 7,100 7,100
Calibration Fac.
AF Hill AFB F-35A Munitions Maintenance 10,100 10,100
Complex.
Virginia
AF Joint Base Langley- Air Force Targeting Center. 45,000 45,000
Eustis
AF Joint Base Langley- Fuel System Maintenance 14,200 14,200
Eustis Dock.
Washington
AF Fairchild AFB Pipeline Dorm, USAF SERE 27,000 27,000
School (150 RM).
Worldwide Unspecified
AF Various Worldwide Planning & Design.......... 143,582 143,582
Locations
AF Various Worldwide Unspecified Minor Military 30,000 40,000
Locations Construction.
Wyoming
AF F. E. Warren AFB Missile Transfer Facility 5,550 5,550
Bldg 4331.
........................
Military Construction, Air Force Total 1,481,058 1,686,523
......................
Alaska
Def-Wide Clear AFS Long Range Discrim Radar 155,000 155,000
Sys Complex Ph 1.
Def-Wide Fort Greely Missile Defense Complex 9,560 9,560
Switchgear Facility.
Def-Wide Joint Base Elmendorf- Construct Truck Offload 4,900 4,900
Richardson Facility.
Arizona
Def-Wide Fort Huachuca JITC Building 52110 4,493 4,493
Renovation.
California
Def-Wide Coronado SOF Human Performance 15,578 15,578
Training Center.
Def-Wide Coronado SOF Seal Team Ops Facility. 47,290 47,290
Def-Wide Coronado SOF Seal Team Ops Facility. 47,290 47,290
Def-Wide Coronado SOF Special RECON Team ONE 20,949 20,949
Operations Fac.
Def-Wide Coronado SOF Training Detachment ONE 44,305 44,305
Ops Facility.
Def-Wide Travis AFB Replace Hydrant Fuel System 26,500 26,500
Delaware
[[Page 130 STAT. 2879]]
Def-Wide Dover AFB Welch ES/Dover MS 44,115 44,115
Replacement.
Diego Garcia
Def-Wide Diego Garcia Improve Wharf Refueling 30,000 30,000
Capability.
Florida
Def-Wide Patrick AFB Replace Fuel Tanks......... 10,100 10,100
Georgia
Def-Wide Fort Benning SOF Tactical Unmanned 4,820 4,820
Aerial Vehicle Hangar.
Def-Wide Fort Gordon Medical Clinic Replacement. 25,000 25,000
Germany
Def-Wide Kaiserlautern AB Sembach Elementary/Middle 45,221 45,221
School Replacement.
Def-Wide Rhine Ordnance Medical Center Replacement 58,063 58,063
Barracks Incr 6.
Japan
Def-Wide Iwakuni Construct Truck Offload & 6,664 6,664
Loading Facilities.
Def-Wide Kadena AB Kadena Elementary School 84,918 84,918
Replacement.
Def-Wide Kadena AB Medical Materiel Warehouse. 20,881 20,881
Def-Wide Kadena AB SOF Maintenance Hangar..... 42,823 42,823
Def-Wide Kadena AB SOF Simulator Facility (MC- 12,602 12,602
130).
Def-Wide Yokota AB Airfield Apron............. 41,294 41,294
Def-Wide Yokota AB Hangar/AMU................. 39,466 39,466
Def-Wide Yokota AB Operations and Warehouse 26,710 26,710
Facilities.
Def-Wide Yokota AB Simulator Facility......... 6,261 6,261
Kwajalein
Def-Wide Kwajalein Atoll Replace Fuel Storage Tanks. 85,500 85,500
Maine
Def-Wide Kittery Medical/Dental Clinic 27,100 27,100
Replacement.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Alteration 50,000 50,000
Hospital Incr 1.
Def-Wide Fort Meade Access Control Facility.... 21,000 21,000
Def-Wide Fort Meade NSAW Campus Feeders Phase 3 17,000 17,000
Def-Wide Fort Meade NSAW Recapitalize Building 195,000 195,000
#2 Incr 2.
Missouri
Def-Wide St. Louis Land Acquisition--Next NGA 801 801
West Campus.
North Carolina
Def-Wide Camp Lejeune Dental Clinic Replacement.. 31,000 31,000
Def-Wide Fort Bragg SOF Combat Medic Training 10,905 10,905
Facility.
Def-Wide Fort Bragg SOF Parachute Rigging 21,420 21,420
Facility.
Def-Wide Fort Bragg SOF Special Tactics 30,670 30,670
Facility (Ph 3).
Def-Wide Fort Bragg SOF Tactical Equipment 23,598 23,598
Maintenance Facility.
South Carolina
Def-Wide Joint Base Charleston Construct Hydrant Fuel 17,000 17,000
System.
Texas
Def-Wide Red River Army Depot Construct Warehouse & Open 44,700 44,700
Storage.
Def-Wide Sheppard AFB Medical/Dental Clinic 91,910 91,910
Replacement.
United Kingdom
Def-Wide RAF Croughton Croughton Elem/Middle/High 71,424 71,424
School Replacement.
Def-Wide RAF Lakenheath Construct Hydrant Fuel 13,500 13,500
System.
Virginia
Def-Wide Pentagon Pentagon Metro Entrance 12,111 12,111
Facility.
Def-Wide Pentagon Upgrade IT Facilities 8,105 8,105
Infrastructure--RRMC.
Wake Island
Def-Wide Wake Island Test Support Facility...... 11,670 11,670
Worldwide Unspecified
Def-Wide Unspecified Worldwide Battalion Complex.......... 0 0
Locations
[[Page 130 STAT. 2880]]
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Conservation 10,000 0
Locations Investment Program Design.
Def-Wide Unspecified Worldwide Energy Conservation 150,000 150,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Exercise Related Minor 8,631 8,631
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design, 13,450 23,450
Locations Defense Wide.
Def-Wide Unspecified Worldwide Planning and Design, DODEA. 23,585 23,585
Locations
Def-Wide Unspecified Worldwide Planning and Design, NGA... 71,647 36,000
Locations
Def-Wide Unspecified Worldwide Planning and Design, NSA... 24,000 24,000
Locations
Def-Wide Unspecified Worldwide Planning and Design, WHS... 3,427 3,427
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 5,994 5,994
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 8,500 8,500
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor Milcon... 3,913 3,913
Locations
Def-Wide Unspecified Worldwide Worldwide Unspecified Minor 2,414 2,414
Locations Construction.
Def-Wide Various Worldwide Planning & Design, DLA..... 27,660 27,660
Locations
Def-Wide Various Worldwide Planning and Design, SOCOM. 27,653 27,653
Locations
Worldwide Unspecified
Locations
Def-Wide Unspecified Worldwide Planning & Design, MDA..... 0 15,000
Locations
........................
Military Construction, Defense-Wide Total 2,056,091 2,025,444
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 177,932 177,932
Investment Program Program.
........................
NATO Security Investment Program Total 177,932 177,932
......................
Colorado
Army NG Fort Carson National Guard Readiness 0 16,500
Center.
[[Page 130 STAT. 2881]]
Hawaii
Army NG Hilo Combined Support 31,000 31,000
Maintenance Shop.
Iowa
Army NG Davenport National Guard Readiness 23,000 23,000
Center.
Kansas
Army NG Fort Leavenworth National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Hooksett National Guard Vehicle 11,000 11,000
Maintenance Shop.
Army NG Rochester National Guard Vehicle 8,900 8,900
Maintenance Shop.
Oklahoma
Army NG Ardmore National Guard Readiness 22,000 22,000
Center.
Pennsylvania
Army NG Fort Indiantown Gap Access Control Buildings... 0 20,000
Army NG York National Guard Readiness 9,300 9,300
Center.
Rhode Island
Army NG East Greenwich National Guard/Reserve 20,000 20,000
Center Building (JFHQ).
Utah
Army NG Camp Williams National Guard Readiness 37,000 37,000
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 8,729 8,729
Locations
Army NG Unspecified Worldwide Unspecified Minor 12,001 12,001
Locations Construction.
Wyoming
Army NG Camp Guernsey General Instruction 0 31,000
Building.
Army NG Laramie National Guard Readiness 21,000 21,000
Center.
........................
Military Construction, Army National Guard Total 232,930 300,430
......................
Arizona
Army Res Phoenix Army Reserve Center........ 0 30,000
California
Army Res Barstow Equipment Concentration 0 0
Site.
Army Res Camp Parks Transient Training Barracks 19,000 19,000
Army Res Fort Hunter Liggett Emergency Services Center.. 21,500 21,500
Virginia
Army Res Dublin Organizational Maintenance 6,000 6,000
Shop/AMSA.
Washington
Army Res Joint Base Lewis- Army Reserve Center........ 0 0
McChord
Wisconsin
Army Res Fort McCoy AT/MOB Dining Facility..... 11,400 11,400
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 7,500 7,500
Locations
Army Res Unspecified Worldwide Unspecified Minor 2,830 2,830
Locations Construction.
........................
Military Construction, Army Reserve Total 68,230 98,230
......................
Louisiana
N/MC Res New Orleans Joint Reserve Intelligence 11,207 11,207
Center.
New York
N/MC Res Brooklyn Electric Feeder Ductbank... 1,964 1,964
N/MC Res Syracuse Marine Corps Reserve Center 13,229 13,229
Texas
[[Page 130 STAT. 2882]]
N/MC Res Galveston Reserve Center Annex....... 8,414 8,414
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Planning & Design..... 3,783 3,783
Locations
........................
Military Construction, Naval Reserve Total 38,597 38,597
......................
Connecticut
Air NG Bradley IAP Construct Small Air 6,300 6,300
Terminal.
Florida
Air NG Jacksonville IAP Replace Fire Crash/Rescue 9,000 9,000
Station.
Hawaii
Air NG Joint Base Pearl F-22 Composite Repair 11,000 11,000
Harbor-Hickam Facility.
Iowa
Air NG Sioux Gateway Airport Construct Consolidated 12,600 12,600
Support Functions.
Maryland
Air NG Joint Base Andrews Munitions Load Crew Trng/ 0 5,000
Corrosion Cntrl Facility.
Minnesota
Air NG Duluth IAP Load Crew Training/Weapon 7,600 7,600
Shops.
New Hampshire
Air NG Pease International KC-46A Install Fuselage 1,500 1,500
Trade Port Trainer Bldg 251.
North Carolina
Air NG Charlotte/Douglas IAP C-17 Corrosion Control/Fuel 29,600 29,600
Cell Hangar.
Air NG Charlotte/Douglas IAP C-17 Type III Hydrant 21,000 21,000
Refueling System.
Ohio
Air NG Toledo Express Airport Indoor Small Arms Range.... 0 6,000
South Carolina
Air NG McEntire ANGS Replace Operations and 8,400 8,400
Training Facility.
Texas
Air NG Ellington Field Consolidate Crew Readiness 4,500 4,500
Facility.
Vermont
Air NG Burlington IAP F-35 Beddown 4-Bay Flight 4,500 4,500
Simulator.
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 17,495 17,495
Locations Construction.
Air NG Various Worldwide Planning and Design........ 10,462 10,462
Locations
........................
Military Construction, Air National Guard Total 143,957 154,957
......................
Guam
AF Res Andersen AFB Reserve Medical Training 0 0
Facility.
Massachusetts
AF Res Westover ARB Indoor Small Arms Range.... 0 0
North Carolina
AF Res Seymour Johnson AFB KC-46A ADAL Bldg for AGE/ 5,700 5,700
Fuselage Training.
AF Res Seymour Johnson AFB KC-46A ADAL Squadron 2,250 2,250
Operations Facilities.
AF Res Seymour Johnson AFB KC-46A Two Bay Corrosion/ 90,000 90,000
Fuel Cell Hangar.
Pennsylvania
AF Res Pittsburgh IAP C-17 ADAL Fuel Hydrant 22,800 22,800
System.
AF Res Pittsburgh IAP C-17 Const/OverlayTaxiway 8,200 8,200
and Apron.
[[Page 130 STAT. 2883]]
AF Res Pittsburgh IAP C-17 Construct Two Bay 54,000 54,000
Corrosion/Fuel Hangar.
Utah
AF Res Hill AFB ADAL Life Support Facility. 0 0
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design.......... 4,500 4,500
Locations
AF Res Unspecified Worldwide Unspecified Minor 1,500 1,500
Locations Construction.
........................
Military Construction, Air Force Reserve Total 188,950 188,950
......................
Korea
FH Con Army Camp Humphreys Family Housing New 143,563 100,000
Construction, Incr 1.
FH Con Army Camp Walker Family Housing New 54,554 54,554
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Planning & Design.......... 2,618 2,618
Locations
........................
Family Housing Construction, Army Total 200,735 157,172
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 10,178 10,178
Locations
FH Ops Army Unspecified Worldwide Housing Privatization 19,146 19,146
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 131,761 131,761
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 60,745 60,745
Locations
FH Ops Army Unspecified Worldwide Management................. 40,344 40,344
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 400 400
Locations
FH Ops Army Unspecified Worldwide Services................... 7,993 7,993
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 55,428 55,428
Locations
........................
Family Housing Operation And Maintenance, Army Total 325,995 325,995
......................
Mariana Islands
FH Con Navy Guam Replace Andersen Housing Ph 78,815 78,815
I.
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 11,047 11,047
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 4,149 4,149
Locations
........................
[[Page 30 STAT. 2884]]
Family Housi 94,011
n4,011
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 17,457 17,457
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 26,320 26,320
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 54,689 54,689
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 81,254 81,254
Locations
FH Ops Navy Unspecified Worldwide Management................. 51,291 51,291
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 364 364
Locations
FH Ops Navy Unspecified Worldwide Services................... 12,855 12,855
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 56,685 56,685
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 300,915 300,915
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 56,984 56,984
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 4,368 4,368
Locations
........................
Family Housing Construction, Air Force Total 61,352 61,352
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 31,690 31,690
Locations
FH Ops AF Unspecified Worldwide Housing Privatization 41,809 41,809
Locations Support.
FH Ops AF Unspecified Worldwide Leasing.................... 20,530 20,530
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 85,469 85,469
Locations
FH Ops AF Unspecified Worldwide Management................. 42,919 42,919
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 1,745 1,745
Locations
FH Ops AF Unspecified Worldwide Services................... 13,026 13,026
Locations
[[Page 130 STAT. 2885]]
FH Ops AF Unspecified Worldwide Utilities.................. 37,241 37,241
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 274,429 274,429
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings................ 20 20
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 500 500
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 399 399
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 40,984 40,984
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 11,044 11,044
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 349 349
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 800 800
Locations
FH Ops DW Unspecified Worldwide Management................. 388 388
Locations
FH Ops DW Unspecified Worldwide Services................... 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 4,100 4,100
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 174 174
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 367 367
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 59,157 59,157
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Program Expenses........... 3,258 3,258
Locations
........................
DoD Family Housing Improvement Fund Total 3,258 3,258
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 14,499 24,499
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 14,499 24,499
......................
Worldwide Unspecified
[[Page 130 STAT. 2886]]
BRAC Base Realignment & Base Realignment & Closure. 110,606 135,606
Closure, Navy
BRAC Unspecified Worldwide DON-100: Planning, Design 4,604 4,604
Locations and Management.
BRAC Unspecified Worldwide DON-101: Various Locations. 10,461 10,461
Locations
BRAC Unspecified Worldwide DON-138: NAS Brunswick, ME. 557 557
Locations
BRAC Unspecified Worldwide DON-157: MCSA Kansas City, 100 100
Locations MO.
BRAC Unspecified Worldwide DON-172: NWS Seal Beach, 4,648 4,648
Locations Concord, CA.
BRAC Unspecified Worldwide DON-84: JRB Willow Grove & 3,397 3,397
Locations Cambria Reg AP.
........................
Base Realignment and Closure--Navy Total 134,373 159,373
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DoD BRAC Activities--Air 56,365 56,365
Locations Force.
........................
Base Realignment and Closure--Air Force Total 56,365 56,365
......................
Worldwide Unspecified
PYS Unspecified Worldwide Planning and Design, 0 -30,000
Locations Defense Wide.
PYS Worldwide Air Force.................. 0 -51,460
PYS Worldwide Army....................... 0 -29,602
PYS Worldwide Defense-Wide............... 0 -141,600
PYS Worldwide Navy....................... 0 0
Worldwide Unspecified
Locations
PYS Worldwide HAP........................ 0 -25,000
PYS Worldwide NSIP....................... 0 -30,000
........................
Prior Year Savings Total 0 -307,662
......................
Total, Military Construction 7,444,056 7,709,565
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2017 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified
Army Unspecified Worldwide ERI: Planning and Design.... 18,900 18,900
Locations
.........................
Military Construction, Army Total 18,900 18,900
.......................
Iceland
[[Page 130 STAT. 2887]]
Navy Keflavik ERI: P-8A Aircraft Rinse 5,000 5,000
Rack.
Navy Keflavik ERI: P-8A Hangar Upgrade.... 14,600 14,600
Worldwide Unspecified
Navy Unspecified Worldwide ERI: Planning and Design.... 1,800 1,800
Locations
.........................
Military Construction, Navy Total 21,400 21,400
.......................
Bulgaria
AF Graf Ignatievo ERI: Construct Sq Ops/ 3,800 3,800
Operational Alert Fac.
AF Graf Ignatievo ERI: Fighter Ramp Extension. 7,000 7,000
AF Graf Ignatievo ERI: Upgrade Munitions 2,600 2,600
Storage Area.
Djibouti
AF Chabelley Airfield OCO: Construct Chabelley 3,600 3,600
Access Road.
AF Chabelley Airfield OCO: Construct Parking Apron 6,900 6,900
and Taxiway.
Estonia
AF Amari AB ERI: Construct Bulk Fuel 6,500 6,500
Storage.
Germany
AF Spangdahlem AB ERI: Construct High Cap Trim 1,000 1,000
Pad & Hush House.
AF Spangdahlem AB ERI: F/A-22 Low Observable/ 12,000 12,000
Comp Repair Fac.
AF Spangdahlem AB ERI: F/A-22 Upgrade 1,600 1,600
Infrastructure/Comm/Util.
AF Spangdahlem AB ERI: Upgrade Hardened 2,700 2,700
Aircraft Shelters.
AF Spangdahlem AB ERI: Upgrade Munitions 1,400 1,400
Storage Doors.
Lithuania
AF Siauliai ERI: Munitions Storage...... 3,000 3,000
Poland
AF Lask AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
AF Powidz AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
Romania
AF Campia Turzii ERI: Construct Munitions 3,000 3,000
Storage Area.
AF Campia Turzii ERI: Construct Squadron 3,400 3,400
Operations Facility.
AF Campia Turzii ERI: Construct Two-Bay 6,100 6,100
Hangar.
AF Campia Turzii ERI: Extend Parking Aprons.. 6,000 6,000
Worldwide Unspecified
AF Unspecified Worldwide CTP: Planning and Design.... 9,000 8,551
Locations
AF Unspecified Worldwide OCO: Planning and Design.... 940 940
Locations
.........................
Military Construction, Air Force Total 88,740 88,291
.......................
Worldwide Unspecified
Def-Wide Unspecified Worldwide ERI: Unspecified Minor 5,000 5,000
Locations Construction.
.........................
Military Construction, Defense-Wide Total 5,000 5,000
.......................
Total, Military Construction 134,040 133,591
----------------------------------------------------------------------------------------------------------------
[[Page 130 STAT. 2888]]
SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS FOR BASE REQUIREMENTS.
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Djibouti
Navy Camp Lemonier OCO: Medical/Dental 37,409 37,409
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning and Design....... 1,000 1,000
.................................
Military Construction, Navy Total 38,409 38,409
...............................
Total, Military Construction 38,409 38,409
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 151,876 136,616
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 9,243,147 9,429,029
Defense nuclear nonproliferation.. 1,807,916 1,886,916
Naval reactors.................... 1,420,120 1,417,620
Federal salaries and expenses..... 412,817 395,517
Total, National nuclear security 12,884,000 13,129,082
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,382,050 5,273,558
Other defense activities.......... 791,552 789,552
Total, Environmental & other defense 6,173,602 6,063,110
activities.........................
Total, Atomic Energy Defense 19,057,602 19,192,192
Activities...........................
Total, Discretionary Funding.............. 19,209,478 19,328,808
Nuclear Energy
Idaho sitewide safeguards and security.. 129,303 129,303
Idaho operations and maintenance........ 7,313 7,313
Consent Based Siting.................... 15,260 0
Denial of funds for defense-only [-15,260]
repository...........................
Total, Nuclear Energy..................... 151,876 136,616
Weapons Activities
Directed stockpile work
Life extension programs
B61 Life extension program.......... 616,079 616,079
W76 Life extension program.......... 222,880 222,880
W88 Alt 370......................... 281,129 281,129
W80-4 Life extension program........ 220,253 220,253
[[Page 130 STAT. 2889]]
Total, Life extension programs........ 1,340,341 1,340,341
Stockpile systems
B61 Stockpile systems............... 57,313 57,313
W76 Stockpile systems............... 38,604 38,604
W78 Stockpile systems............... 56,413 56,413
W80 Stockpile systems............... 64,631 64,631
B83 Stockpile systems............... 41,659 41,659
W87 Stockpile systems............... 81,982 81,982
W88 Stockpile systems............... 103,074 103,074
Total, Stockpile systems.............. 443,676 443,676
Weapons dismantlement and disposition
Operations and maintenance.......... 68,984 56,000
Denial of dismantlement [-12,984]
acceleration.....................
Stockpile services
Production support.................. 457,043 457,043
Research and development support.... 34,187 34,187
R&D certification and safety........ 156,481 156,481
Management, technology, and 251,978 251,978
production.........................
Total, Stockpile services............. 899,689 899,689
Nuclear material commodities
Uranium sustainment................. 20,988 20,988
Plutonium sustainment............... 184,970 184,970
Tritium sustainment................. 109,787 109,787
Domestic uranium enrichment......... 50,000 50,000
Strategic materials sustainment..... 212,092 212,092
Total, Nuclear material commodities... 577,837 577,837
Total, Directed stockpile work.......... 3,330,527 3,317,543
Research, development, test and
evaluation (RDT&E)
Science
Advanced certification.............. 58,000 58,000
Primary assessment technologies..... 99,000 99,000
Dynamic materials properties........ 106,000 106,000
Advanced radiography................ 50,500 50,500
Secondary assessment technologies... 76,000 76,000
Academic alliances and partnerships. 52,484 52,484
Total, Science........................ 441,984 441,984
Engineering
Enhanced surety..................... 37,196 37,196
Weapon systems engineering 16,958 16,958
assessment technology..............
Nuclear survivability............... 43,105 43,105
Enhanced surveillance............... 42,228 42,228
Total, Engineering ................... 139,487 139,487
Inertial confinement fusion ignition
and high yield
Ignition............................ 75,432 75,432
Support of other stockpile programs. 23,363 23,363
Diagnostics, cryogenics and 68,696 68,696
experimental support...............
Pulsed power inertial confinement 5,616 5,616
fusion.............................
Joint program in high energy density 9,492 9,492
laboratory plasmas.................
Facility operations and target 340,360 340,360
production.........................
Total, Inertial confinement fusion and 522,959 522,959
high yield...........................
[[Page 130 STAT. 2890]]
Advanced simulation and computing..... 663,184 656,184
Program decrease.................... [-7,000]
Stockpile Responsiveness Program...... 0 40,000
Program increase.................... [40,000]
Advanced manufacturing
Additive manufacturing.............. 12,000 12,000
Component manufacturing development. 46,583 46,583
Processing technology development... 28,522 28,522
Total, Advanced manufacturing......... 87,105 87,105
Total, RDT&E............................ 1,854,719 1,887,719
Infrastructure and operations (formerly
RTBF)
Operating
Operations of facilities
Kansas City Plant................. 101,000 101,000
Lawrence Livermore National 70,500 70,500
Laboratory.......................
Los Alamos National Laboratory.... 196,500 196,500
Nevada Test Site.................. 92,500 92,500
Pantex............................ 55,000 55,000
Sandia National Laboratory........ 118,000 118,000
Savannah River Site............... 83,500 83,500
Y-12 National security complex.... 107,000 107,000
Total, Operations of facilities..... 824,000 824,000
Safety and environmental operations... 110,000 110,000
Maintenance and repair of facilities.. 294,000 324,000
Address high-priority preventative [30,000]
maintenance........................
Recapitalization:
Infrastructure and safety........... 554,643 630,509
Address high-priority deferred [75,866]
maintenance......................
Capability based investment......... 112,639 112,639
Total, Recapitalization............... 667,282 743,148
Construction:
17-D-640 U1a Complex Enhancements 11,500 11,500
Project, NNSS......................
17-D-630 Electrical Infrastructure 25,000 25,000
Upgrades, LLNL.....................
16-D-515 Albuquerque complex 15,047 15,047
upgrades project...................
15-D-613 Emergency Operations 2,000 2,000
Center, Y-12.......................
15-D-302 TA-55 Reinvestment project, 21,455 21,455
Phase 3, LANL......................
07-D-220-04 Transuranic liquid waste 17,053 17,053
facility, LANL.....................
06-D-141 PED/Construction, UPF Y-12, 575,000 575,000
Oak Ridge, TN......................
04-D-125 Chemistry and metallurgy 159,615 159,615
research replacement project, LANL.
Total, Construction................... 826,670 826,670
Total, Infrastructure and operations.... 2,721,952 2,827,818
Secure transportation asset
Operations and equipment.............. 179,132 179,132
Program direction..................... 103,600 103,600
Total, Secure transportation asset...... 282,732 282,732
[[Page 130 STAT. 2891]]
Defense nuclear security
Operations and maintenance............ 657,133 693,133
Support to physical security [36,000]
infrastructure recapitalization and
CSTART.............................
Construction:
14-D-710 Device assembly facility 13,000 13,000
argus installation project, NV.....
17-D-710 West end protected area 0 24,000
reduction project, Y-12............
Total, Defense nuclear security......... 670,133 730,133
Information technology and cybersecurity 176,592 176,592
Legacy contractor pensions.............. 248,492 248,492
Rescission of prior year balances....... -42,000 -42,000
Total, Weapons Activities................. 9,243,147 9,429,029
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Defense Nuclear Nonproliferation R&D
Global material security............ 337,108 337,108
Material management and minimization 341,094 321,094
Program decrease.................. [-20,000]
Nonproliferation and arms control... 124,703 124,703
Defense Nuclear Nonproliferation R&D 393,922 417,922
Acceleration of low-yield [4,000]
detection experiments............
Nuclear detection technology and [20,000]
new challenges such as 3D
printing.........................
Low Enriched Uranium R&D for Naval 0 5,000
Reactors...........................
Low Enriched Uranium R&D for Naval [5,000]
Reactors.........................
Nonproliferation Construction:
99-D-143 Mixed Oxide (MOX) Fuel 270,000 340,000
Fabrication Facility, SRS........
Increase to support construction [70,000]
Total, Nonproliferation construction 270,000 340,000
Total, Defense Nuclear 1,466,827 1,545,827
Nonproliferation Programs............
Legacy contractor pensions.............. 83,208 83,208
Nuclear counterterrorism and incident 271,881 271,881
response program.......................
Rescission of prior year balances....... -14,000 -14,000
Total, Defense Nuclear Nonproliferation... 1,807,916 1,886,916
Naval Reactors
Naval reactors operations and 449,682 447,182
infrastructure.........................
Naval reactors development.............. 437,338 437,338
Ohio replacement reactor systems 213,700 213,700
development............................
S8G Prototype refueling................. 124,000 124,000
Program direction....................... 47,100 47,100
Construction:
17-D-911, BL Fire System Upgrade...... 1,400 1,400
15-D-904 NRF Overpack Storage 700 700
Expansion 3..........................
15-D-902 KS Engineroom team trainer 33,300 33,300
facility.............................
14-D-901 Spent fuel handling 100,000 100,000
recapitalization project, NRF........
10-D-903, Security upgrades, KAPL..... 12,900 12,900
Total, Construction..................... 148,300 148,300
Total, Naval Reactors..................... 1,420,120 1,417,620
[[Page 130 STAT. 2892]]
Federal Salaries And Expenses
Program direction....................... 412,817 395,517
Program decrease...................... [-17,300]
Total, Office Of The Administrator........ 412,817 395,517
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 9,389 9,389
Hanford site:
River corridor and other cleanup 69,755 114,755
operations...........................
Acceleration of priority programs... [45,000]
Central plateau remediation........... 620,869 644,369
Acceleration of priority programs... [23,500]
Richland community and regulatory 14,701 14,701
support..............................
Construction:
15-D-401 Containerized sludge 11,486 11,486
removal annex, RL..................
Total, Hanford site..................... 716,811 785,311
Idaho National Laboratory:
Idaho cleanup and waste disposition... 359,088 359,088
Idaho community and regulatory support 3,000 3,000
Total, Idaho National Laboratory........ 362,088 362,088
Los Alamos National Laboratory
EMLA cleanup activities............... 185,606 195,606
Program Increase.................... [10,000]
EMLA community and regulatory support. 3,394 3,394
Total, Los Alamos National Laboratory... 189,000 199,000
NNSA sites
Lawrence Livermore National Laboratory 1,396 1,396
Separations Process Research Unit..... 3,685 3,685
Nevada................................ 62,176 62,176
Sandia National Laboratories.......... 4,130 4,130
Total, NNSA sites and Nevada off-sites.. 71,387 71,387
Oak Ridge Reservation:
OR Nuclear facility D & D
OR Nuclear facility D & D........... 93,851 93,851
Construction:
14-D-403 Outfall 200 Mercury 5,100 5,100
Treatment Facility...............
Total, OR Nuclear facility D & D...... 98,951 98,951
U233 Disposition Program.............. 37,311 37,311
OR cleanup and disposition............ 54,557 54,557
OR reservation community and 4,400 4,400
regulatory support...................
Oak Ridge technology development...... 3,000 3,000
Total, Oak Ridge Reservation............ 198,219 198,219
Office of River Protection:
Waste treatment and immobilization
plant
WTP operations...................... 3,000 3,000
15-D-409 Low activity waste 73,000 73,000
pretreatment system, ORP...........
[[Page 130 STAT. 2893]]
01-D-416 A-D/ORP-0060 / Major 690,000 690,000
construction.......................
Total, Waste treatment and 766,000 766,000
immobilization plant.................
Tank farm activities
Rad liquid tank waste stabilization 721,456 721,456
and disposition....................
Total, Tank farm activities........... 721,456 721,456
Total, Office of River protection....... 1,487,456 1,487,456
Savannah River sites:
Nuclear Material Management........... 311,062 311,062
Environmental Cleanup................. 152,504 152,504
SR community and regulatory support... 11,249 11,249
Radioactive liquid tank waste:
Radioactive liquid tank waste 645,332 645,332
stabilization and disposition......
Construction:
15-D-402--Saltstone Disposal Unit 7,577 7,577
#6, SRS..........................
17-D-401--Saltstone Disposal Unit 9,729 9,729
#7...............................
05-D-405 Salt waste processing 160,000 160,000
facility, Savannah River Site....
Total, Construction................. 177,306 177,306
Total, Radioactive liquid tank waste.. 822,638 822,638
Total, Savannah River site.............. 1,297,453 1,297,453
Waste Isolation Pilot Plant
Operations and maintenance............ 257,188 267,188
Program increase.................... [10,000]
Construction:
15-D-411 Safety significant 2,532 2,532
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 2,533 2,533
Total, Construction................... 5,065 5,065
Total, Waste Isolation Pilot Plant...... 262,253 272,253
Program direction....................... 290,050 290,050
Program support......................... 14,979 14,979
Safeguards and Security................. 255,973 255,973
Technology development.................. 30,000 30,000
Infrastructure recapitalization......... 41,892 0
Defense Uranium enrichment D&D.......... 155,100 0
Ahead of need......................... [-155,100]
Subtotal, Defense environmental cleanup... 5,382,050 5,273,558
Total, Defense Environmental Cleanup...... 5,382,050 5,273,558
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 130,693 128,693
security.............................
Program direction..................... 66,519 66,519
Total, Environment, health, safety and 197,212 195,212
security...............................
Independent enterprise assessments
Independent enterprise assessments.... 24,580 24,580
Program direction..................... 51,893 51,893
Total, Independent enterprise 76,473 76,473
assessments............................
Specialized security activities......... 237,912 237,912
[[Page 130 STAT. 2894]]
Office of Legacy Management
Legacy management..................... 140,306 140,306
Program direction..................... 14,014 14,014
Total, Office of Legacy Management...... 154,320 154,320
Defense-related activities
Defense related administrative support
Chief financial officer............... 23,642 23,642
Chief information officer............. 93,074 93,074
Project management oversight and 3,000 3,000
assessments..........................
Total, Defense related administrative 119,716 116,716
support................................
Office of hearings and appeals.......... 5,919 5,919
Subtotal, Other defense activities........ 791,552 789,552
Total, Other Defense Activities........... 791,552 789,552
------------------------------------------------------------------------
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM
SEC. 5001. <<NOTE: Military Justice Act of 2016. 10 USC 101
note.>> SHORT TITLE.
This division may be cited as the ``Military Justice Act of 2016''.
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.
SEC. 5101. DEFINITIONS.
(a) Military Judge.--Paragraph (10) of section 801 of title 10,
United States Code (article 1 of the Uniform Code of Military Justice),
is amended to read as follows:
``(10) The term `military judge' means a judge advocate
designated under section 826(c) of this title (article 26(c))
who is detailed under section 826(a) or section 830a of this
title (article 26(a) or 30a).''.
(b) Judge Advocate.--Paragraph (13) of such section (article) is
amended--
(1) in subparagraph (A), by striking ``the Army or the
Navy'' and inserting ``the Army, the Navy, or the Air Force'';
and
(2) in subparagraph (B), by striking ``the Air Force or''.
SEC. 5102. CLARIFICATION OF PERSONS SUBJECT TO UCMJ WHILE ON
INACTIVE-DUTY TRAINING.
Paragraph (3) of section 802(a) of title 10, United States Code
(article 2(a) of the Uniform Code of Military Justice), is amended to
read as follows:
``(3)(A) While on inactive-duty training and during any of
the periods specified in subparagraph (B)--
[[Page 130 STAT. 2895]]
``(i) members of a reserve component; and
``(ii) members of the Army National Guard of the
United States or the Air National Guard of the United
States, but only when in Federal service.
``(B) The periods referred to in subparagraph (A) are the
following:
``(i) Travel to and from the inactive-duty training
site of the member, pursuant to orders or regulations.
``(ii) Intervals between consecutive periods of
inactive-duty training on the same day, pursuant to
orders or regulations.
``(iii) Intervals between inactive-duty training on
consecutive days, pursuant to orders or regulations.''.
SEC. 5103. STAFF JUDGE ADVOCATE DISQUALIFICATION DUE TO PRIOR
INVOLVEMENT IN CASE.
Subsection (c) of section 806 of title 10, United States Code
(article 6 of the Uniform Code of Military Justice), is amended to read
as follows:
``(c)(1) No person who, with respect to a case, serves in a capacity
specified in paragraph (2) may later serve as a staff judge advocate or
legal officer to any reviewing or convening authority upon the same
case.
``(2) The capacities referred to in paragraph (1) are, with respect
to the case involved, any of the following:
``(A) Preliminary hearing officer, court member, military
judge, military magistrate, or appellate judge.
``(B) Counsel who have acted in the same case or appeared in
any proceeding before a military judge, military magistrate,
preliminary hearing officer, or appellate court.''.
SEC. 5104. CONFORMING AMENDMENT RELATING TO MILITARY MAGISTRATES.
The first sentence of section 806a(a) of title 10, United States
Code (article 6a(a) of the Uniform Code of Military Justice), is amended
by striking ``military judge'' and all that follows through the end of
the sentence and inserting ``military appellate judge, military judge,
or military magistrate to perform the duties of the position
involved.''.
SEC. 5105. RIGHTS OF VICTIM.
(a) Designation of Representative.--Subsection (c) of section 806b
of title 10, United States Code (article 6b of the Uniform Code of
Military Justice), is amended in the first sentence by striking ``the
military judge'' and all that follows through the end of the sentence
and inserting the following: ``the legal guardians of the victim or the
representatives of the victim's estate, family members, or any other
person designated as suitable by the military judge, may assume the
rights of the victim under this section.''.
(b) Rule of Construction.--Subsection (d) of such section (article)
is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) to impair the exercise of discretion under sections
830 and 834 of this title (articles 30 and 34).''.
[[Page 130 STAT. 2896]]
(c) Interview of Victim.--Such section (article) is amended by
adding at the end the following new subsection:
``(f) Counsel for Accused Interview of Victim of Alleged Offense.--
(1) Upon notice by counsel for the Government to counsel for the accused
of the name of an alleged victim of an offense under this chapter who
counsel for the Government intends to call as a witness at a proceeding
under this chapter, counsel for the accused shall make any request to
interview the victim through the Special Victims' Counsel or other
counsel for the victim, if applicable.
``(2) If requested by an alleged victim who is subject to a request
for interview under paragraph (1), any interview of the victim by
counsel for the accused shall take place only in the presence of the
counsel for the Government, a counsel for the victim, or, if applicable,
a victim advocate.''.
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.
SEC. 5121. RESTRAINT OF PERSONS CHARGED.
Section 810 of title 10, United States Code (article 10 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 810. Art. 10. Restraint of persons charged
``(a) In General.--(1) Subject to paragraph (2), any person subject
to this chapter who is charged with an offense under this chapter may be
ordered into arrest or confinement as the circumstances require.
``(2) When a person subject to this chapter is charged only with an
offense that is normally tried by summary court-martial, the person
ordinarily shall not be ordered into confinement.
``(b) Notification to Accused and Related Procedures.--(1) When a
person subject to this chapter is ordered into arrest or confinement
before trial, immediate steps shall be taken--
``(A) to inform the person of the specific offense of which
the person is accused; and
``(B) to try the person or to dismiss the charges and
release the person.
``(2) To facilitate compliance with paragraph (1), the President
shall prescribe regulations setting forth procedures relating to
referral for trial, including procedures for prompt forwarding of the
charges and specifications and, if applicable, the preliminary hearing
report submitted under section 832 of this title (article 32).''.
SEC. 5122. MODIFICATION OF PROHIBITION OF CONFINEMENT OF MEMBERS
OF THE ARMED FORCES WITH ENEMY PRISONERS
AND CERTAIN OTHERS.
Section 812 of title 10, United States Code (article 12 of the
Uniform Code of Military Justice), is amended to read as follows:
[[Page 130 STAT. 2897]]
``Sec. 812. Art. 12. Prohibition of confinement of members of the
armed forces with enemy prisoners and certain
others
``No member of the armed forces may be placed in confinement in
immediate association with--
``(1) enemy prisoners; or
``(2) other individuals--
``(A) who are detained under the law of war and are
foreign nationals; and
``(B) who are not members of the armed forces.''.
TITLE LIII--NON-JUDICIAL PUNISHMENT
Sec. 5141. Modification of confinement as non-judicial punishment.
SEC. 5141. MODIFICATION OF CONFINEMENT AS NON-JUDICIAL PUNISHMENT.
Section 815 of title 10, United States Code (article 15 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (b)--
(A) in paragraph (2)(A), by striking ``on bread and
water or diminished rations''; and
(B) in the undesignated matter after paragraph (2),
by striking ``on bread and water or diminished rations''
in the sentence beginning ``No two or more''; and
(2) in subsection (d), by striking ``on bread and water or
diminished rations'' in paragraphs (2) and (3).
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.
SEC. 5161. COURTS-MARTIAL CLASSIFIED.
Section 816 of title 10, United States Code (article 16 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 816. Art 16. Courts-martial classified
``(a) In General.--The three kinds of courts-martial in each of the
armed forces are the following:
``(1) General courts-martial, as described in subsection
(b).
``(2) Special courts-martial, as described in subsection
(c).
``(3) Summary courts-martial, as described in subsection
(d).
``(b) General Courts-martial.--General courts-martial are of the
following three types:
``(1) A general court-martial consisting of a military judge
and eight members, subject to sections 825(d)(3) and 829 of this
title (articles 25(d)(3) and 29).
``(2) In a capital case, a general court-martial consisting
of a military judge and the number of members determined
[[Page 130 STAT. 2898]]
under section 825a of this title (article 25a), subject to
sections 825(d)(3) and 829 of this title (articles 25(d)(3) and
29).
``(3) A general court-martial consisting of a military judge
alone, if, before the court is assembled, the accused, knowing
the identity of the military judge and after consultation with
defense counsel, requests, orally on the record or in writing, a
court composed of a military judge alone and the military judge
approves the request.
``(c) Special Courts-martial.--Special courts-martial are of the
following two types:
``(1) A special court-martial consisting of a military judge
and four members, subject to sections 825(d)(3) and 829 of this
title (articles 25(d)(3) and 29).
``(2) A special court-martial consisting of a military judge
alone--
``(A) if the case is so referred by the convening
authority, subject to section 819 of this title (article
19) and such limitations as the President may prescribe
by regulation; or
``(B) if the case is referred under paragraph (1)
and, before the court is assembled, the accused, knowing
the identity of the military judge and after
consultation with defense counsel, requests, orally on
the record or in writing, a court composed of a military
judge alone and the military judge approves the request.
``(d) Summary Court-martial.--A summary court-martial consists of
one commissioned officer.''.
SEC. 5162. JURISDICTION OF GENERAL COURTS-MARTIAL.
Section 818 of title 10, United States Code (article 18 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (b), by striking ``section 816(1)(B) of
this title (article 16(1)(B))'' and inserting ``section
816(b)(3) of this title (article 16(b)(3))''; and
(2) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Consistent with sections 819 and 820 of this title (articles
19 and 20), only general courts-martial have jurisdiction over the
following offenses:
``(1) A violation of subsection (a) or (b) of section 920 of
this title (article 120).
``(2) A violation of subsection (a) or (b) of section 920b
of this title (article 120b).
``(3) An attempt to commit an offense specified in paragraph
(1) or (2) that is punishable under section 880 of this title
(article 80).''.
SEC. 5163. JURISDICTION OF SPECIAL COURTS-MARTIAL.
Section 819 of title 10, United States Code (article 19 of the
Uniform Code of Military Justice), is amended--
(1) by striking ``Subject to'' in the first sentence and
inserting the following:
``(a) In General.--Subject to'';
(2) by striking ``A bad-conduct discharge'' and all that
follows through the end; and
(3) by adding after subsection (a), as designated by
paragraph (1), the following new subsections:
[[Page 130 STAT. 2899]]
``(b) Additional Limitation.--Neither a bad-conduct discharge, nor
confinement for more than six months, nor forfeiture of pay for more
than six months may be adjudged if charges and specifications are
referred to a special court-martial consisting of a military judge alone
under section 816(c)(2)(A) of this title (article 16(c)(2)(A)).
``(c) Military Magistrate.--If charges and specifications are
referred to a special court-martial consisting of a military judge alone
under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), the
military judge, with the consent of the parties, may designate a
military magistrate to preside over the special court-martial.''.
SEC. 5164. SUMMARY COURT-MARTIAL AS NON-CRIMINAL FORUM.
Section 820 of title 10, United States Code (article 20 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a) In General.--'' before ``Subject
to''; and
(2) by adding at the end the following new subsection:
``(b) Non-criminal Forum.--A summary court-martial is a non-criminal
forum. A finding of guilty at a summary court-martial does not
constitute a criminal conviction.''.
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.
SEC. 5181. TECHNICAL AMENDMENT RELATING TO PERSONS AUTHORIZED TO
CONVENE GENERAL COURTS-MARTIAL.
Section 822(a)(6) of title 10, United States Code (article 22(a)(6)
of the Uniform Code of Military Justice), is amended by striking ``in
chief''.
SEC. 5182. WHO MAY SERVE ON COURTS-MARTIAL AND RELATED MATTERS.
(a) Who May Serve on Courts-martial.--Subsection (c) of section 825
of title 10, United States Code (article 25 of the Uniform Code of
Military Justice), is amended to read as follows:
``(c)(1) Any enlisted member on active duty is eligible to serve on
a general or special court-martial for the trial of any other enlisted
member.
``(2) Before a court-martial with a military judge and members is
assembled for trial, an enlisted member who is an accused may personally
request, orally on the record or in writing, that--
``(A) the membership of the court-martial be comprised
entirely of officers; or
``(B) enlisted members comprise at least one-third of the
membership of the court-martial, regardless of whether enlisted
members have been detailed to the court-martial.
``(3) Except as provided in paragraph (4), after such a request, the
accused may not be tried by a general or special court-martial
[[Page 130 STAT. 2900]]
if the membership of the court-martial is inconsistent with the request.
``(4) If, because of physical conditions or military exigencies, a
sufficient number of eligible officers or enlisted members, as the case
may be, is not available to carry out paragraph (2), the trial may
nevertheless be held. In that event, the convening authority shall make
a detailed written statement of the reasons for nonavailability. The
statement shall be appended to the record.''.
(b) Who May Sentence.--Such section (article) is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as provided in paragraph (2) for capital offenses,
the accused in a court-martial with a military judge and members may,
after the findings are announced and before any matter is presented in
the sentencing phase, request, orally on the record or in writing,
sentencing by members.
``(2) In a capital case, the accused shall be sentenced by the
members for all offenses for which the court-martial may sentence the
accused to death in accordance with section 853(c) of this title
(article 53(c)).
``(3) In a capital case, if the accused is convicted of a non-
capital offense, the accused shall be sentenced for such non-capital
offense in accordance with section 853(b) of this title (article 53(b)),
regardless of whether the accused is convicted of an offense for which
the court-martial may sentence the accused to death.''.
(c) Detail of Members.--Subsection (e) of such section (article), as
redesignated by subsection (b)(1) of this section, is amended by adding
at the end the following new paragraph:
``(3) The convening authority shall detail not less than the number
of members necessary to impanel the court-martial under section 829 of
this title (article 29).''.
SEC. 5183. NUMBER OF COURT-MARTIAL MEMBERS IN CAPITAL CASES.
Section 825a of title 10, United States Code (article 25a of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 825a. Art. 25a. Number of court-martial members in capital
cases
``(a) In General.--In a case in which the accused may be sentenced
to death, the number of members shall be 12.
``(b) Case No Longer Capital.--Subject to section 829 of this title
(article 29)--
``(1) if a case is referred for trial as a capital case and,
before the members are impaneled, the accused may no longer be
sentenced to death, the number of members shall be eight; and
``(2) if a case is referred for trial as a capital case and,
after the members are impaneled, the accused may no longer be
sentenced to death, the number of members shall remain 12.''.
[[Page 130 STAT. 2901]]
SEC. 5184. DETAILING, QUALIFICATIONS, AND OTHER MATTERS RELATING
TO MILITARY JUDGES.
(a) Detail to Special Courts-martial.--Subsection (a) of section 826
of title 10, United States Code (article 26 of the Uniform Code of
Military Justice), is amended--
(1) in the first sentence, by inserting after ``each
general'' the following: ``and special''; and
(2) by striking the second sentence.
(b) Qualifications.--Subsection (b) of such section (article) is
amended by striking ``qualified for duty'' and inserting ``qualified, by
reason of education, training, experience, and judicial temperament, for
duty''.
(c) Detail and Assignment.--Subsection (c) of such section (article)
is amended to read as follows:
``(c)(1) In accordance with regulations prescribed under subsection
(a), a military judge of a general or special court-martial shall be
designated for detail by the Judge Advocate General of the armed force
of which the military judge is a member.
``(2) Neither the convening authority nor any member of the staff of
the convening authority shall prepare or review any report concerning
the effectiveness, fitness, or efficiency of the military judge so
detailed, which relates to the military judge's performance of duty as a
military judge.
``(3) A commissioned officer who is certified to be qualified for
duty as a military judge of a general court-martial--
``(A) may perform such duties only when the officer is
assigned and directly responsible to the Judge Advocate General
of the armed force of which the military judge is a member; and
``(B) may perform duties of a judicial or nonjudicial nature
other than those relating to the officer's primary duty as a
military judge of a general court-martial when such duties are
assigned to the officer by or with the approval of that Judge
Advocate General.
``(4) In accordance with regulations prescribed by the President,
assignments of military judges under this section (article) shall be for
appropriate minimum periods, subject to such exceptions as may be
authorized in the regulations.''.
(d) Detail to a Different Armed Force.--Such section (article) is
further amended by adding at the end the following new subsection:
``(f) A military judge may be detailed under subsection (a) to a
court-martial or a proceeding under section 830a of this title (article
30a) that is convened in a different armed force, when so permitted by
the Judge Advocate General of the armed force of which the military
judge is a member.''.
(e) Chief Trial Judges.--Such section (article), as amended by
subsection (d), is further amended by adding at the end the following
new subsection:
``(g) In accordance with regulations prescribed by the President,
each Judge Advocate General shall designate a chief trial judge from
among the members of the applicable trial judiciary.''.
SEC. 5185. MILITARY MAGISTRATES.
Subchapter V of chapter 47 of title 10, United States Code, is
amended by inserting after section 826 (article 26 of the Uniform Code
of Military Justice) the following new section (article):
[[Page 130 STAT. 2902]]
``Sec. 826a. <<NOTE: 10 USC 826a note.>> Art. 26a. Military
magistrates
``(a) Qualifications.--A military magistrate shall be a commissioned
officer of the armed forces who--
``(1) is a member of the bar of a Federal court or a member
of the bar of the highest court of a State; and
``(2) is certified to be qualified, by reason of education,
training, experience, and judicial temperament, for duty as a
military magistrate by the Judge Advocate General of the armed
force of which the officer is a member.
``(b) Duties.--In accordance with regulations prescribed by the
Secretary concerned, in addition to duties when designated under section
819 or 830a of this title (article 19 or 30a), a military magistrate may
be assigned to perform other duties of a nonjudicial nature.''.
SEC. 5186. QUALIFICATIONS OF TRIAL COUNSEL AND DEFENSE COUNSEL.
Section 827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice), is amended--
(1) in the first sentence of paragraph (2) of subsection
(a), by striking ``No person'' and all that follows through
``trial counsel,'' the first place it appears and inserting ``No
person who, with respect to a case, has served as a preliminary
hearing officer, court member, military judge, military
magistrate, or appellate judge, may later serve as trial
counsel,'';
(2) in the first sentence of subsection (b), by striking
``Trial counsel or defense counsel'' and inserting ``Trial
counsel, defense counsel, or assistant defense counsel''; and
(3) by striking subsection (c) and inserting the following
new subsections:
``(c)(1) Defense counsel and assistant defense counsel detailed for
a special court-martial shall have the qualifications set forth in
subsection (b).
``(2) Trial counsel and assistant trial counsel detailed for a
special court-martial and assistant trial counsel detailed for a general
court-martial must be determined to be competent to perform such duties
by the Judge Advocate General, under such rules as the President may
prescribe.
``(d) To the greatest extent practicable, in any capital case, at
least one defense counsel shall, as determined by the Judge Advocate
General, be learned in the law applicable to such cases. If necessary,
this counsel may be a civilian and, if so, may be compensated in
accordance with regulations prescribed by the Secretary of Defense.''.
SEC. 5187. ASSEMBLY AND IMPANELING OF MEMBERS AND RELATED MATTERS.
Section 829 of title 10, United States Code (article 29 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 829. Art 29. Assembly and impaneling of members; detail of
new members and military judges
``(a) Assembly.--The military judge shall announce the assembly of a
general or special court-martial with members. After such a court-
martial is assembled, no member may be absent, unless the member is
excused--
``(1) as a result of a challenge;
[[Page 130 STAT. 2903]]
``(2) under subsection (b)(1)(B); or
``(3) by order of the military judge or the convening
authority for disability or other good cause.
``(b) Impaneling.--(1) Under rules prescribed by the President, the
military judge of a general or special court-martial with members
shall--
``(A) after determination of challenges, impanel the court-
martial; and
``(B) excuse the members who, having been assembled, are not
impaneled.
``(2) In a general court-martial, the military judge shall impanel--
``(A) 12 members in a capital case; and
``(B) eight members in a noncapital case.
``(3) In a special court-martial, the military judge shall impanel
four members.
``(c) Alternate Members.--In addition to members under subsection
(b), the military judge shall impanel alternate members, if the
convening authority authorizes alternate members.
``(d) Detail of New Members.--(1) If, after members are impaneled,
the membership of the court-martial is reduced to--
``(A) fewer than 12 members with respect to a general court-
martial in a capital case;
``(B) fewer than six members with respect to a general
court-martial in a noncapital case; or
``(C) fewer than four members with respect to a special
court-martial;
the trial may not proceed unless the convening authority details new
members and, from among the members so detailed, the military judge
impanels new members sufficient in number to provide the membership
specified in paragraph (2).
``(2) The membership referred to in paragraph (1) is as follows:
``(A) 12 members with respect to a general court-martial in
a capital case.
``(B) At least six but not more than eight members with
respect to a general court-martial in a noncapital case.
``(C) Four members with respect to a special court-martial.
``(e) Detail of New Military Judge.--If the military judge is unable
to proceed with the trial because of disability or otherwise, a new
military judge shall be detailed to the court-martial.
``(f) Evidence.--(1) In the case of new members under subsection
(d), the trial may proceed with the new members present after the
evidence previously introduced is read or, in the case of audiotape,
videotape, or similar recording, is played, in the presence of the new
members, the military judge, the accused, and counsel for both sides.
``(2) In the case of a new military judge under subsection (e), the
trial shall proceed as if no evidence had been introduced, unless the
evidence previously introduced is read or, in the case of audiotape,
videotape, or similar recording, is played, in the presence of the new
military judge, the accused, and counsel for both sides.''.
TITLE LVI--PRE-TRIAL PROCEDURE
Sec. 5201. Charges and specifications.
Sec. 5202. Certain proceedings conducted before referral.
[[Page 130 STAT. 2904]]
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.
SEC. 5201. CHARGES AND SPECIFICATIONS.
Section 830 of title 10, United States Code (article 30 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 830. Art 30. Charges and specifications
``(a) In General.--Charges and specifications--
``(1) may be preferred only by a person subject to this
chapter; and
``(2) shall be preferred by presentment in writing, signed
under oath before a commissioned officer of the armed forces who
is authorized to administer oaths.
``(b) Required Content.--The writing under subsection (a) shall
state that--
``(1) the signer has personal knowledge of, or has
investigated, the matters set forth in the charges and
specifications; and
``(2) the matters set forth in the charges and
specifications are true, to the best of the knowledge and belief
of the signer.
``(c) Duty of Proper Authority.--When charges and specifications are
preferred under subsection (a), the proper authority shall, as soon as
practicable--
``(1) inform the person accused of the charges and
specifications; and
``(2) determine what disposition should be made of the
charges and specifications in the interest of justice and
discipline.''.
SEC. 5202. CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL.
Subchapter VI of chapter 47 of title 10, United States Code, is
amended by inserting after section 830 (article 30 of the Uniform Code
of Military Justice) the following new section (article):
``Sec. 830a. <<NOTE: 10 USC 830a.>> Art. 30a. Certain proceedings
conducted before referral
``(a) In General.--(1) Proceedings may be conducted to review the
following matters before referral of charges and specifications to
court-martial for trial in accordance with regulations prescribed by the
President:
``(A) Pre-referral investigative subpoenas.
``(B) Pre-referral warrants or orders for electronic
communications.
``(C) Pre-referral matters referred by an appellate court.
``(2) The regulations prescribed under paragraph (1) shall--
``(A) include procedures for the review of such rulings that
may be ordered under this section as the President considers
appropriate; and
``(B) provide such limitations on the relief that may be
ordered under this section as the President considers
appropriate.
``(3) If any matter in a proceeding under this section becomes a
subject at issue with respect to charges that have been referred to a
general or special court-martial, the matter shall be transferred to the
military judge detailed to the court-martial.
[[Page 130 STAT. 2905]]
``(b) Detail of Military Judge.--The Secretary concerned shall
prescribe regulations providing for the manner in which military judges
are detailed to proceedings under subsection (a)(1).
``(c) Discretion to Designate Magistrate to Preside.--In accordance
with regulations prescribed by the Secretary concerned, a military judge
detailed to a proceeding under subsection (a)(1), other than a
proceeding described in subparagraph (B) of that subsection, may
designate a military magistrate to preside over the proceeding.''.
SEC. 5203. PRELIMINARY HEARING REQUIRED BEFORE REFERRAL TO GENERAL
COURT-MARTIAL.
(a) In General.--Section 832 of title 10, United States Code
(article 32 of the Uniform Code of Military Justice), is amended by
striking the section heading and subsections (a), (b), and (c) and
inserting the following:
``Sec. 832. Art. 32. Preliminary hearing required before referral
to general court-martial
``(a) In General.--(1)(A) Except as provided in subparagraph (B), a
preliminary hearing shall be held before referral of charges and
specifications for trial by general court-martial. The preliminary
hearing shall be conducted by an impartial hearing officer, detailed by
the convening authority in accordance with subsection (b).
``(B) Under regulations prescribed by the President, a preliminary
hearing need not be held if the accused submits a written waiver to the
convening authority and the convening authority determines that a
hearing is not required.
``(2) The purpose of the preliminary hearing shall be limited to
determining the following:
``(A) Whether or not the specification alleges an offense
under this chapter.
``(B) Whether or not there is probable cause to believe that
the accused committed the offense charged.
``(C) Whether or not the convening authority has court-
martial jurisdiction over the accused and over the offense.
``(D) A recommendation as to the disposition that should be
made of the case.
``(b) Hearing Officer.--(1) A preliminary hearing under this section
shall be conducted by an impartial hearing officer, who--
``(A) whenever practicable, shall be a judge advocate who is
certified under section 827(b)(2) of this title (article
27(b)(2)); or
``(B) when it is not practicable to appoint a judge advocate
because of exceptional circumstances, is not a judge advocate so
certified.
``(2) In the case of a hearing officer under paragraph (1)(B), a
judge advocate who is certified under section 827(b)(2) of this title
(article 27(b)(2)) shall be available to provide legal advice to the
hearing officer.
``(3) Whenever practicable, the hearing officer shall be equal in
grade or senior in grade to military counsel who are detailed to
represent the accused or the Government at the preliminary hearing.
``(c) Report to Convening Authority.--After a preliminary hearing
under this section, the hearing officer shall submit to the convening
authority a written report (accompanied by a
[[Page 130 STAT. 2906]]
recording of the preliminary hearing under subsection (e)) that includes
the following:
``(1) For each specification, a statement of the reasoning
and conclusions of the hearing officer with respect to
determinations under subsection (a)(2), including a summary of
relevant witness testimony and documentary evidence presented at
the hearing and any observations of the hearing officer
concerning the testimony of witnesses and the availability and
admissibility of evidence at trial.
``(2) Recommendations for any necessary modifications to the
form of the charges or specifications.
``(3) An analysis of any additional information submitted
after the hearing by the parties or by a victim of an offense,
that, under such rules as the President may prescribe, is
relevant to disposition under sections 830 and 834 of this title
(articles 30 and 34).
``(4) A statement of action taken on evidence adduced with
respect to uncharged offenses, as described in subsection
(f).''.
(b) Sundry Amendments.--Subsection (d) of such section (article) is
amended--
(1) in paragraph (1), by striking ``subsection (a)'' in the
first sentence and inserting ``this section'';
(2) in paragraph (2), by striking ``in defense'' and all
that follows through the end and inserting ``that is relevant to
the issues for determination under subsection (a)(2).'';
(3) in paragraph (3), by adding at the end the following new
sentence: ``A declination under this paragraph shall not serve
as the sole basis for ordering a deposition under section 849 of
this title (article 49).''; and
(4) in paragraph (4), by striking ``the limited purposes of
the hearing, as provided in subsection (a)(2)'' and inserting
``determinations under subsection (a)(2)''.
(c) Reference to MCM.--Subsection (e) of such section (article) is
amended by striking ``as prescribed by the Manual for Courts-Martial''
in the second sentence and inserting ``under such rules as the President
may prescribe''.
(d) Effect of Violation.--Subsection (g) of such section (article)
is amended by adding at the end the following new sentence: ``A defect
in a report under subsection (c) is not a basis for relief if the report
is in substantial compliance with that subsection.''.
(e) Conforming Amendments.--The following provisions are each
amended by striking ``investigating officer'' and inserting
``preliminary hearing officer'':
(1) Section 806b(a)(3) of title 10, United States Code
(article 6b(a)(3) of the Uniform Code of Military Justice).
(2) Section 825(d)(2) of such title (article 25(d)(2) of the
Uniform Code of Military Justice).
(3) Section 826(d) of such title (article 26(d) of the
Uniform Code of Military Justice).
SEC. 5204. DISPOSITION GUIDANCE.
Section 833 of title 10, United States Code (article 33 of the
Uniform Code of Military Justice), is amended to read as follows:
[[Page 130 STAT. 2907]]
``Sec. 833. Art 33. Disposition guidance
``The President shall direct the Secretary of Defense to issue, in
consultation with the Secretary of the department in which the Coast
Guard is operating when it is not operating as a service in the Navy,
non-binding guidance regarding factors that commanders, convening
authorities, staff judge advocates, and judge advocates should take into
account when exercising their duties with respect to disposition of
charges and specifications in the interest of justice and discipline
under sections 830 and 834 of this title (articles 30 and 34). Such
guidance shall take into account, with appropriate consideration of
military requirements, the principles contained in official guidance of
the Attorney General to attorneys for the Government with respect to
disposition of Federal criminal cases in accordance with the principle
of fair and evenhanded administration of Federal criminal law.''.
SEC. 5205. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR
TRIAL.
Section 834 of title 10, United States Code (article 34 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 834. Art. 34. Advice to convening authority before referral
for trial
``(a) General Court-martial.--
``(1) Staff judge advocate advice required before
referral.--Before referral of charges and specifications to a
general court-martial for trial, the convening authority shall
submit the matter to the staff judge advocate for advice, which
the staff judge advocate shall provide to the convening
authority in writing. The convening authority may not refer a
specification under a charge to a general court-martial unless
the staff judge advocate advises the convening authority in
writing that--
``(A) the specification alleges an offense under
this chapter;
``(B) there is probable cause to believe that the
accused committed the offense charged; and
``(C) a court-martial would have jurisdiction over
the accused and the offense.
``(2) Staff judge advocate recommendation as to
disposition.--Together with the written advice provided under
paragraph (1), the staff judge advocate shall provide a written
recommendation to the convening authority as to the disposition
that should be made of the specification in the interest of
justice and discipline.
``(3) Staff judge advocate advice and recommendation to
accompany referral.--When a convening authority makes a referral
for trial by general court-martial, the written advice of the
staff judge advocate under paragraph (1) and the written
recommendation of the staff judge advocate under paragraph (2)
with respect to each specification shall accompany the referral.
``(b) Special Court-martial; Convening Authority Consultation With
Judge Advocate.--Before referral of charges and specifications to a
special court-martial for trial, the convening authority shall consult a
judge advocate on relevant legal issues.
[[Page 130 STAT. 2908]]
``(c) General and Special Courts-martial; Correction of Charges and
Specifications Before Referral.--Before referral for trial by general
court-martial or special court-martial, changes may be made to charges
and specifications--
``(1) to correct errors in form; and
``(2) when applicable, to conform to the substance of the
evidence contained in a report under section 832(c) of this
title (article 32(c)).
``(d) Referral Defined.--In this section, the term `referral' means
the order of a convening authority that charges and specifications
against an accused be tried by a specified court-martial.''.
SEC. 5206. SERVICE OF CHARGES AND COMMENCEMENT OF TRIAL.
Section 835 of title 10, United States Code (article 35 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 835. Art. 35. Service of charges; commencement of trial
``(a) In General.--Trial counsel detailed for a court-martial under
section 827 of this title (article 27) shall cause to be served upon the
accused a copy of the charges and specifications referred for trial.
``(b) Commencement of Trial.--(1) Subject to paragraphs (2) and (3),
no trial or other proceeding of a general court-martial or a special
court-martial (including any session under section 839(a) of this title
(article 39(a)) may be held over the objection of the accused--
``(A) with respect to a general court-martial, from the time
of service through the fifth day after the date of service; or
``(B) with respect to a special court-martial, from the time
of service through the third day after the date of service.
``(2) An objection under paragraph (1) may be raised only at the
first session of the trial or other proceeding and only if the first
session occurs before the end of the applicable period under paragraph
(1)(A) or (1)(B). If the first session occurs before the end of the
applicable period, the military judge shall, at that session, inquire as
to whether the defense objects under this subsection.
``(3) This subsection shall not apply in time of war.''.
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.
[[Page 130 STAT. 2909]]
SEC. 5221. DUTIES OF ASSISTANT DEFENSE COUNSEL.
Section 838(e) of title 10, United States Code (article 38(e) of the
Uniform Code of Military Justice), is amended by striking ``, under the
direction'' and all that follows through ``(article 27),''.
SEC. 5222. SESSIONS.
Section 839 of title 10, United States Code (article 39 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by striking ``if permitted by regulations
of the Secretary concerned,''; and
(ii) by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5);
and
(C) by inserting after paragraph (3) the following
new paragraph (4):
``(4) conducting a sentencing proceeding and sentencing the
accused in non-capital cases unless the accused requests
sentencing by members under section 825 of this title (article
25); and''; and
(2) in the second sentence of subsection (c), by striking
``, in cases in which a military judge has been detailed to the
court,''.
SEC. 5223. TECHNICAL AMENDMENT RELATING TO CONTINUANCES.
Section 840 of title 10, United States Code (article 40 of the
Uniform Code of Military Justice), is amended by striking ``court-
martial without a military judge'' and inserting ``summary court-
martial''.
SEC. 5224. CONFORMING AMENDMENTS RELATING TO CHALLENGES.
Section 841 of title 10, United States Code (article 41 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1), by striking ``, or, if none, the
court,'' in the second sentence;
(2) in subsection (a)(2), by striking ``minimum'' in the
first sentence; and
(3) in subsection (b)(2), by striking ``minimum''.
SEC. 5225. STATUTE OF LIMITATIONS.
(a) Increase in Period for Child Abuse Offenses.--Subsection
(b)(2)(A) of section 843 of title 10, United States Code (article 43 of
the Uniform Code of Military Justice), is amended by striking ``five
years'' and inserting ``ten years''.
(b) Increase in Period for Fraudulent Enlistment or Appointment
Offenses.--Such section (article) is further amended by adding at the
end the following new subsection:
``(h) Fraudulent Enlistment or Appointment.--A person charged with
fraudulent enlistment or fraudulent appointment under section 904a(1) of
this title (article 104a(1)) may be tried by court-martial if the sworn
charges and specifications are received by an officer exercising summary
court-martial jurisdiction with respect to that person, as follows:
``(1) In the case of an enlisted member, during the period
of the enlistment or five years, whichever provides a longer
period.
[[Page 130 STAT. 2910]]
``(2) In the case of an officer, during the period of the
appointment or five years, whichever provides a longer
period.''.
(c) DNA Evidence.--Such section (article), as amended by subsection
(b) of this section, is further amended by adding at the end the
following new subsection:
``(i) Dna Evidence.--If DNA testing implicates an identified person
in the commission of an offense punishable by confinement for more than
one year, no statute of limitations that would otherwise preclude
prosecution of the offense shall preclude such prosecution until a
period of time following the implication of the person by DNA testing
has elapsed that is equal to the otherwise applicable limitation
period.''.
(d) Conforming Amendments.--Subsection (b)(2)(B) of such section
(article) is amended by striking clauses (i) through (v) and inserting
the following new clauses:
``(i) Any offense in violation of section 920, 920a, 920b,
920c, or 930 of this title (article 120, 120a, 120b, 120c, or
130), unless the offense is covered by subsection (a).
``(ii) Maiming in violation of section 928a of this title
(article 128a).
``(iii) Aggravated assault, assault consummated by a
battery, or assault with intent to commit specified offenses in
violation of section 928 of this title (article 128).
``(iv) Kidnapping in violation of section 925 of this title
(article 125).''.
(e) Subsection Heading Amendments for Stylistic Consistency.--Such
section (article) is further amended--
(1) in subsection (a), by inserting ``No Limitation for
Certain Offenses.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Five-year Limitation
for Trial by Court-martial.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Tolling for Absence
Without Leave or Flight From Justice.--'' after ``(c)'';
(4) in subsection (d), by inserting ``Tolling for Absence
From US or Military Jurisdiction.--'' after ``(d)'';
(5) in subsection (e), by inserting ``Extension for Offenses
in Time of War Detrimental to Prosecution of War.--'' after
``(e)'';
(6) in subsection (f), by inserting ``Extension for Other
Offenses in Time of War.--'' after ``(f)''; and
(7) in subsection (g), by inserting ``Defective or
Insufficient Charges.--'' after ``(g)''.
(f) <<NOTE: 10 USC 843 note.>> Application.--The amendments made by
subsections (a), (b), (c), and (d) shall apply to the prosecution of any
offense committed before, on, or after the date of the enactment of this
subsection if the applicable limitation period has not yet expired.
SEC. 5226. FORMER JEOPARDY.
Subsection (c) of section 844 of title 10, United States Code
(article 44 of the Uniform Code of Military Justice), is amended to read
as follows:
``(c)(1) A court-martial with a military judge alone is a trial in
the sense of this section (article) if, without fault of the accused--
``(A) after introduction of evidence; and
``(B) before announcement of findings under section 853 of
this title (article 53);
[[Page 130 STAT. 2911]]
the case is dismissed or terminated by the convening authority or on
motion of the prosecution for failure of available evidence or
witnesses.
``(2) A court-martial with a military judge and members is a trial
in the sense of this section (article) if, without fault of the
accused--
``(A) after the members, having taken an oath as members
under section 842 of this title (article 42) and after
completion of challenges under section 841 of this title
(article 41), are impaneled; and
``(B) before announcement of findings under section 853 of
this title (article 53);
the case is dismissed or terminated by the convening authority or on
motion of the prosecution for failure of available evidence or
witnesses.''.
SEC. 5227. PLEAS OF THE ACCUSED.
(a) Pleas of Guilty.--Subsection (b) of section 845 of title 10,
United States Code (article 45 of the Uniform Code of Military Justice),
is amended--
(1) in the first sentence, by striking ``may be adjudged''
and inserting ``is mandatory''; and
(2) in the second sentence--
(A) by striking ``or by a court-martial without a
military judge''; and
(B) by striking ``, if permitted by regulations of
the Secretary concerned,''.
(b) Harmless Error.--Such section (article) is further amended by
adding at the end the following new subsection:
``(c) Harmless Error.--A variance from the requirements of this
article is harmless error if the variance does not materially prejudice
the substantial rights of the accused.''.
(c) Subsection Heading Amendments for Stylistic Consistency.--Such
section (article) is further amended--
(1) in subsection (a), by inserting ``Irregular and Similar
Pleas.--'' after ``(a)''; and
(2) in subsection (b), by inserting ``Pleas of Guilty.--''
after ``(b)''.
SEC. 5228. SUBPOENA AND OTHER PROCESS.
(a) Amendments to UCMJ Article.--
(1) In general.--Subsection (a) of section 846 of title 10,
United States Code (article 46 of the Uniform Code of Military
Justice), is amended by striking ``The counsel for the
Government, the counsel for the accused,'' and inserting ``In a
case referred for trial by court-martial, the trial counsel, the
defense counsel,''.
(2) Subpoena and other process generally.--Subsection (b) of
such section (article) is amended to read as follows:
``(b) Subpoena and Other Process Generally.--Any subpoena or other
process issued under this section (article)--
``(1) shall be similar to that which courts of the United
States having criminal jurisdiction may issue;
``(2) shall be executed in accordance with regulations
prescribed by the President; and
``(3) shall run to any part of the United States and to the
Commonwealths and possessions of the United States.''.
[[Page 130 STAT. 2912]]
(3) Subpoena and other process for witnesses.--Subsection
(c) of such section (article) is amended to read as follows:
``(c) Subpoena and Other Process for Witnesses.--A subpoena or other
process may be issued to compel a witness to appear and testify--
``(1) before a court-martial, military commission, or court
of inquiry;
``(2) at a deposition under section 849 of this title
(article 49); or
``(3) as otherwise authorized under this chapter.''.
(4) Other matters.--Such section (article) is further
amended by adding at the end the following new subsections:
``(d) Subpoena and Other Process for Evidence.--
``(1) In general.--A subpoena or other process may be issued
to compel the production of evidence--
``(A) for a court-martial, military commission, or
court of inquiry;
``(B) for a deposition under section 849 of this
title (article 49);
``(C) for an investigation of an offense under this
chapter; or
``(D) as otherwise authorized under this chapter.
``(2) Investigative subpoena.--An investigative subpoena
under paragraph (1)(C) may be issued before referral of charges
to a court-martial only if a general court-martial convening
authority has authorized counsel for the Government to issue
such a subpoena or a military judge issues such a subpoena
pursuant to section 830a of this title (article 30a).
``(3) Warrant or order for wire or electronic
communications.--With respect to an investigation of an offense
under this chapter, a military judge detailed in accordance with
section 826 or 830a of this title (article 26 or 30a) may issue
warrants or court orders for the contents of, and records
concerning, wire or electronic communications in the same manner
as such warrants and orders may be issued by a district court of
the United States under chapter 121 of title 18, subject to such
limitations as the President may prescribe by regulation.
``(e) Request for Relief From Subpoena or Other Process.--If a
person requests relief from a subpoena or other process under this
section (article) on grounds that compliance is unreasonable or
oppressive or is prohibited by law, a military judge detailed in
accordance with section 826 or 830a of this title (article 26 or 30a)
shall review the request and shall--
``(1) order that the subpoena or other process be modified
or withdrawn, as appropriate; or
``(2) order the person to comply with the subpoena or other
process.''.
(5) Section heading.--The heading of such section (article)
is amended to read as follows:
``Sec. 846. Art. 46. Opportunity to obtain witnesses and other
evidence in trials by court-martial''.
(b) Conforming Amendments to Title 18, United States Code.--
(1) Section 2703 of title 18, United States Code, is
amended--
[[Page 130 STAT. 2913]]
(A) in the first sentence of subsection (a);
(B) in subsection (b)(1)(A); and
(C) in subsection (c)(1)(A);
by inserting after ``warrant procedures'' the following: ``and,
in the case of a court-martial or other proceeding under chapter
47 of title 10 (the Uniform Code of Military Justice), issued
under section 846 of that title, in accordance with regulations
prescribed by the President''.
(2) Section 2711(3) of title 18, United States Code, is
amended--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following new
subparagraph:
``(C) a court-martial or other proceeding under
chapter 47 of title 10 (the Uniform Code of Military
Justice) to which a military judge has been detailed;
and''.
SEC. 5229. REFUSAL OF PERSON NOT SUBJECT TO UCMJ TO APPEAR,
TESTIFY, OR PRODUCE EVIDENCE.
(a) In General.--Subsection (a) of section 847 of title 10, United
States Code (article 47 of the Uniform Code of Military Justice), is
amended to read as follows:
``(a) In General.--(1) Any person described in paragraph (2) who--
``(A) willfully neglects or refuses to appear; or
``(B) willfully refuses to qualify as a witness or to
testify or to produce any evidence which that person is required
to produce;
is guilty of an offense against the United States.
``(2) The persons referred to in paragraph (1) are the following:
``(A) Any person not subject to this chapter who--
``(i) is issued a subpoena or other process
described in subsection (c) of section 846 of this title
(article 46); and
``(ii) is provided a means for reimbursement from
the Government for fees and mileage at the rates allowed
to witnesses attending the courts of the United States
or, in the case of extraordinary hardship, is advanced
such fees and mileage.
``(B) Any person not subject to this chapter who is issued a
subpoena or other process described in subsection (d) of section
846 of this title (article 46).''.
(b) Section Heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 847. Art. 47. Refusal of person not subject to chapter to
appear, testify, or produce evidence''.
SEC. 5230. CONTEMPT.
(a) Authority To Punish.--Subsection (a) of section 848 of title 10,
United States Code (article 48 of the Uniform Code of Military Justice),
is amended to read as follows:
``(a) Authority To Punish.--(1) With respect to any proceeding under
this chapter, a judicial officer specified in paragraph (2) may punish
for contempt any person who--
[[Page 130 STAT. 2914]]
``(A) uses any menacing word, sign, or gesture in the
presence of the judicial officer during the proceeding;
``(B) disturbs the proceeding by any riot or disorder; or
``(C) willfully disobeys a lawful writ, process, order,
rule, decree, or command issued with respect to the proceeding.
``(2) A judicial officer referred to in paragraph (1) is any of the
following:
``(A) Any judge of the Court of Appeals for the Armed Forces
and any judge of a Court of Criminal Appeals under section 866
of this title (article 66).
``(B) Any military judge detailed to a court-martial, a
provost court, a military commission, or any other proceeding
under this chapter.
``(C) Any military magistrate designated to preside under
section 819 of this title (article 19).
``(D) The president of a court of inquiry.''.
(b) Review.--Such section (article) is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Review.--A punishment under this section--
``(1) if imposed by a military judge or military magistrate,
may be reviewed by the Court of Criminal Appeals in accordance
with the uniform rules of procedure for the Courts of Criminal
Appeals under section 866(g) of this title (article 66(g));
``(2) if imposed by a judge of the Court of Appeals for the
Armed Forces or a judge of a Court of Criminal Appeals, shall
constitute a judgment of the court, subject to review under the
applicable provisions of section 867 or 867a of this title
(article 67 or 67a); and
``(3) if imposed by a court of inquiry, shall be subject to
review by the convening authority in accordance with rules
prescribed by the President.''.
(c) Section Heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 848. Art. 48. Contempt''.
SEC. 5231. DEPOSITIONS.
Section 849 of title 10, United States Code (article 49 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 849. Art. 49. Depositions
``(a) In General.--(1) Subject to paragraph (2), a convening
authority or a military judge may order depositions at the request of
any party.
``(2) A deposition may be ordered under paragraph (1) only if the
requesting party demonstrates that, due to exceptional circumstances, it
is in the interest of justice that the testimony of a prospective
witness be preserved for use at a court-martial, military commission,
court of inquiry, or other military court or board.
``(3) A party who requests a deposition under this section shall
give to every other party reasonable written notice of the time and
place for the deposition.
``(4) A deposition under this section shall be taken before, and
authenticated by, an impartial officer, as follows:
[[Page 130 STAT. 2915]]
``(A) Whenever practicable, by an impartial judge advocate
certified under section 827(b) of this title (article 27(b)).
``(B) In exceptional circumstances, by an impartial military
or civil officer authorized to administer oaths by (i) the laws
of the United States or (ii) the laws of the place where the
deposition is taken.
``(b) Representation by Counsel.--Representation of the parties with
respect to a deposition shall be by counsel detailed in the same manner
as trial counsel and defense counsel are detailed under section 827 of
this title (article 27). In addition, the accused shall have the right
to be represented by civilian or military counsel in the same manner as
such counsel are provided for in section 838(b) of this title (article
38(b)).
``(c) Admissibility and Use as Evidence.--A deposition order under
subsection (a) does not control the admissibility of the deposition in a
court-martial or other proceeding under this chapter. Except as provided
by subsection (d), a party may use all or part of a deposition as
provided by the rules of evidence.
``(d) Capital Cases.--Testimony by deposition may be presented in
capital cases only by the defense.''.
SEC. 5232. ADMISSIBILITY OF SWORN TESTIMONY BY AUDIOTAPE OR
VIDEOTAPE FROM RECORDS OF COURTS OF
INQUIRY.
(a) In General.--Section 850 of title 10, United States Code
(article 50 of the Uniform Code of Military Justice), is amended by
adding at the end the following new subsection:
``(d) Audiotape or Videotape.--Sworn testimony that--
``(1) is recorded by audiotape, videotape, or similar
method; and
``(2) is contained in the duly authenticated record of
proceedings of a court of inquiry;
is admissible before a court-martial, military commission, court of
inquiry, or military board, to the same extent as sworn testimony may be
read in evidence before any such body under subsection (a), (b), or
(c).''.
(b) Section Heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 850. Art. 50. Admissibility of sworn testimony from records
of courts of inquiry''.
(c) Subsection Heading Amendments for Stylistic Consistency.--Such
section (article) is further amended--
(1) in subsection (a), by inserting ``Use as Evidence by Any
Party.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Use as Evidence by
Defense.--'' after ``(b)''; and
(3) in subsection (c), by inserting ``Use in Courts of
Inquiry and Military Boards.--'' after ``(c)''.
SEC. 5233. CONFORMING AMENDMENT RELATING TO DEFENSE OF LACK OF
MENTAL RESPONSIBILITY.
Section 850a(c) of title 10, United States Code (article 50a(c) of
the Uniform Code of Military Justice), is amended by striking ``, or the
president of a court-martial without a military judge,''.
SEC. 5234. VOTING AND RULINGS.
Section 851 of title 10, United States Code (article 51 of the
Uniform Code of Military Justice), is amended--
[[Page 130 STAT. 2916]]
(1) in subsection (a), by striking ``, and by members of a
court-martial without a military judge upon questions of
challenge,'' in the first sentence;
(2) in subsection (b)--
(A) in the first sentence, by striking ``and, except
for questions of challenge, the president of a court-
martial without a military judge''; and
(B) in the second sentence, by striking ``, or by
the president'' and all that follows through the end of
the subsection and inserting ``is final and constitutes
the ruling of the court, except that the military judge
may change a ruling at any time during trial.''; and
(3) in subsection (c), by striking ``or the president of a
court-martial without a military judge'' in the matter before
paragraph (1).
SEC. 5235. VOTES REQUIRED FOR CONVICTION, SENTENCING, AND OTHER
MATTERS.
Section 852 of title 10, United States Code (article 52 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 852. Art. 52. Votes required for conviction, sentencing,
and other matters
``(a) In General.--No person may be convicted of an offense in a
general or special court-martial, other than--
``(1) after a plea of guilty under section 845(b) of this
title (article 45(b));
``(2) by a military judge in a court-martial with a military
judge alone, under section 816 of this title (article 16); or
``(3) in a court-martial with members under section 816 of
this title (article 16), by the concurrence of at least three-
fourths of the members present when the vote is taken.
``(b) Level of Concurrence Required.--
``(1) In general.--Except as provided in subsection (a) and
in paragraph (2), all matters to be decided by members of a
general or special court-martial shall be determined by a
majority vote, but a reconsideration of a finding of guilty or
reconsideration of a sentence, with a view toward decreasing the
sentence, may be made by any lesser vote which indicates that
the reconsideration is not opposed by the number of votes
required for that finding or sentence.
``(2) Sentencing.--A sentence of death requires (A) a
unanimous finding of guilty of an offense in this chapter
expressly made punishable by death and (B) a unanimous
determination by the members that the sentence for that offense
shall include death. All other sentences imposed by members
shall be determined by the concurrence of at least three-fourths
of the members present when the vote is taken.''.
SEC. 5236. FINDINGS AND SENTENCING.
Section 853 of title 10, United States Code (article 53 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 853. Art. 53. Findings and sentencing
``(a) Announcement.--A court-martial shall announce its findings and
sentence to the parties as soon as determined.
``(b) Sentencing Generally.--
``(1) General and special courts-martial.--
[[Page 130 STAT. 2917]]
``(A) Sentencing by military judge.--Except as
provided in subparagraph (B), and in subsection (c) for
capital offenses, if the accused is convicted of an
offense in a trial by general or special court-martial,
the military judge shall sentence the accused.
``(B) Sentencing by members.--If the accused is
convicted of an offense in a trial by general or special
court-martial consisting of a military judge and members
and the accused elects sentencing by members under
section 825 of this title (article 25), the members
shall sentence the accused.
``(C) Sentence of the accused.--The sentence
determined pursuant to this paragraph constitutes the
sentence of the accused.
``(2) Summary courts-martial.--If the accused is convicted
of an offense in a trial by summary court-martial, the court-
martial shall sentence the accused.
``(c) Sentencing for Capital Offenses.--
``(1) In general.--In a capital case, if the accused is
convicted of an offense for which the court-martial may sentence
the accused to death, the members shall determine whether the
sentence for that offense shall be death or a lesser authorized
punishment.
``(2) Lesser authorized punishments.--In accordance with
regulations prescribed by the President, the court-martial may
include in any sentence to death or life in prison without
eligibility for parole other lesser punishments authorized under
this chapter.
``(3) Other non-capital offenses.--In a capital case, if the
accused is convicted of a non-capital offense, the accused shall
be sentenced for such non-capital offense in accordance with
subsection (b), regardless of whether the accused is convicted
of an offense for which the court-martial may sentence the
accused to death.''.
SEC. 5237. PLEA AGREEMENTS.
Subchapter VII of chapter 47 of title 10, United States Code, is
amended by inserting after section 853 (article 53 of the Uniform Code
of Military Justice), as amended by section 5236 of this Act, the
following new section (article):
``Sec. 853a. <<NOTE: 10 USC 853a.>> Art. 53a. Plea agreements
``(a) In General.--(1) At any time before the announcement of
findings under section 853 of this title (article 53), the convening
authority and the accused may enter into a plea agreement with respect
to such matters as--
``(A) the manner in which the convening authority will
dispose of one or more charges and specifications; and
``(B) limitations on the sentence that may be adjudged for
one or more charges and specifications.
``(2) The military judge of a general or special court-martial may
not participate in discussions between the parties concerning
prospective terms and conditions of a plea agreement.
``(b) Limitation on Acceptance of Plea Agreements.--The military
judge of a general or special court-martial shall reject a plea
agreement that--
[[Page 130 STAT. 2918]]
``(1) contains a provision that has not been accepted by
both parties;
``(2) contains a provision that is not understood by the
accused; or
``(3) except as provided in subsection (c), contains a
provision for a sentence that is less than the mandatory minimum
sentence applicable to an offense referred to in section
856(b)(2) of this title (article 56(b)(2)).
``(c) Limited Conditions for Acceptance of Plea Agreement for
Sentence Below Mandatory Minimum for Certain Offenses.--With respect to
an offense referred to in section 856(b)(2) of this title (article
56(b)(2))--
``(1) the military judge may accept a plea agreement that
provides for a sentence of bad conduct discharge; and
``(2) upon recommendation of the trial counsel, in exchange
for substantial assistance by the accused in the investigation
or prosecution of another person who has committed an offense,
the military judge may accept a plea agreement that provides for
a sentence that is less than the mandatory minimum sentence for
the offense charged.
``(d) Binding Effect of Plea Agreement.--Upon acceptance by the
military judge of a general or special court-martial, a plea agreement
shall bind the parties and the military judge.''.
SEC. 5238. RECORD OF TRIAL.
Section 854 of title 10, United States Code (article 54 of the
Uniform Code of Military Justice), is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) General and Special Courts-martial.--Each general or special
court-martial shall keep a separate record of the proceedings in each
case brought before it. The record shall be certified by a court-
reporter, except that in the case of death, disability, or absence of a
court reporter, the record shall be certified by an official selected as
the President may prescribe by regulation.'';
(2) in subsection (b)--
(A) by striking ``(b) Each special and summary
court-martial'' and inserting `` (b) Summary Courts-
martial.--Each summary court-martial''; and
(B) by striking ``authenticated'' and inserting
``certified'';
(3) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Contents of Record.--(1) Except as provided in paragraph (2),
the record shall contain such matters as the President may prescribe by
regulation.
``(2) In accordance with regulations prescribed by the President, a
complete record of proceedings and testimony shall be prepared in any
case of a sentence of death, dismissal, discharge, confinement for more
than six months, or forfeiture of pay for more than six months.'';
(4) in subsection (d)--
(A) by striking ``(d) A copy'' and inserting ``(d)
Copy to Accused.--A copy''; and
(B) by striking ``authenticated'' and inserting
``certified''; and
(5) in subsection (e)--
[[Page 130 STAT. 2919]]
(A) by striking ``(e) In the case'' and inserting
``(e) Copy to Victim.--In the case'';
(B) by striking ``involving a sexual assault or
other offense covered by section 920 of this title
(article 120),'' in the first sentence and inserting ``,
upon request,''; and
(C) by striking ``authenticated'' in the second
sentence and inserting ``certified''.
TITLE LVIII--SENTENCES
Sec. 5301. Sentencing.
Sec. 5302. Effective date of sentences.
Sec. 5303. Sentence of reduction in enlisted grade.
SEC. 5301. SENTENCING.
(a) In General.--Section 856 of title 10, United States Code
(article 56 of the Uniform Code of Military Justice), is amended to read
as follows:
``Sec. 856. Art. 56. Sentencing
``(a) Sentence Maximums.--The punishment which a court-martial may
direct for an offense may not exceed such limits as the President may
prescribe for that offense.
``(b) Sentence Minimums for Certain Offenses.--(1) Except as
provided in subsection (d) of section 853a of this title (article 53a),
punishment for any offense specified in paragraph (2) shall include
dismissal or dishonorable discharge, as applicable.
``(2) The offenses referred to in paragraph (1) are as follows:
``(A) Rape under subsection (a) of section 920 of this title
(article 120).
``(B) Sexual assault under subsection (b) of such section
(article).
``(C) Rape of a child under subsection (a) of section 920b
of this title (article 120b).
``(D) Sexual assault of a child under subsection (b) of such
section (article).
``(E) An attempt to commit an offense specified in
subparagraph (A), (B), (C), or (D) that is punishable under
section 880 of this title (article 80).
``(F) Conspiracy to commit an offense specified in
subparagraph (A), (B), (C), or (D) that is punishable under
section 881 of this title (article 81).
``(c) Imposition of Sentence.--
``(1) In general.--In sentencing an accused under section
853 of this title (article 53), a court-martial shall impose
punishment that is sufficient, but not greater than necessary,
to promote justice and to maintain good order and discipline in
the armed forces, taking into consideration--
``(A) the nature and circumstances of the offense
and the history and characteristics of the accused;
``(B) the impact of the offense on--
``(i) the financial, social, psychological, or
medical well-being of any victim of the offense;
and
``(ii) the mission, discipline, or efficiency
of the command of the accused and any victim of
the offense;
``(C) the need for the sentence--
``(i) to reflect the seriousness of the
offense;
[[Page 130 STAT. 2920]]
``(ii) to promote respect for the law;
``(iii) to provide just punishment for the
offense;
``(iv) to promote adequate deterrence of
misconduct;
``(v) to protect others from further crimes by
the accused;
``(vi) to rehabilitate the accused; and
``(vii) to provide, in appropriate cases, the
opportunity for retraining and return to duty to
meet the needs of the service; and
``(D) the sentences available under this chapter.
``(2) Sentencing by military judge.--In announcing the
sentence in a general or special court-martial in which the
accused is sentenced by a military judge alone under section 853
of this title (article 53), the military judge shall, with
respect to each offense of which the accused is found guilty,
specify the term of confinement, if any, and the amount of the
fine, if any. If the accused is sentenced to confinement for
more than one offense, the military judge shall specify whether
the terms of confinement are to run consecutively or
concurrently.
``(3) Sentencing by members.--In a general or special court-
martial in which the accused has elected sentencing by members,
the court-martial shall announce a single sentence for all of
the offenses of which the accused was found guilty.
``(4) Sentence of confinement for life without eligibility
for parole.--(A) If an offense is subject to a sentence of
confinement for life, a court-martial may impose a sentence of
confinement for life without eligibility for parole.
``(B) An accused who is sentenced to confinement for life
without eligibility for parole shall be confined for the
remainder of the accused's life unless--
``(i) the sentence is set aside or otherwise
modified as a result of--
``(I) action taken by the convening authority
or the Secretary concerned; or
``(II) any other action taken during post-
trial procedure and review under any other
provision of subchapter IX of this chapter;
``(ii) the sentence is set aside or otherwise
modified as a result of action taken by a Court of
Criminal Appeals, the Court of Appeals for the Armed
Forces, or the Supreme Court; or
``(iii) the accused is pardoned.
``(d) Appeal of Sentence by the United States.--(1) With the
approval of the Judge Advocate General concerned, the Government may
appeal a sentence to the Court of Criminal Appeals, on the grounds
that--
``(A) the sentence violates the law; or
``(B) the sentence is plainly unreasonable.
``(2) An appeal under this subsection must be filed within 60 days
after the date on which the judgment of a court-martial is entered into
the record under section 860c of this title (article 60c).''.
(b) Conforming Amendment.--Section 856a of title 10, United States
Code (article 56a of the Uniform Code of Military Justice), is repealed.
[[Page 130 STAT. 2921]]
SEC. 5302. EFFECTIVE DATE OF SENTENCES.
(a) In General.--Section 857 of title 10, United States Code
(article 57 of the Uniform Code of Military Justice), is amended to read
as follows:
``Sec. 857. Art. 57. Effective date of sentences
``(a) Execution of Sentences.--A court-martial sentence shall be
executed and take effect as follows:
``(1) Forfeiture and reduction.--A forfeiture of pay or
allowances shall be applicable to pay and allowances accruing on
and after the date on which the sentence takes effect. Any
forfeiture of pay or allowances or reduction in grade that is
included in a sentence of a court-martial takes effect on the
earlier of--
``(A) the date that is 14 days after the date on
which the sentence is adjudged; or
``(B) in the case of a summary court-martial, the
date on which the sentence is approved by the convening
authority.
``(2) Confinement.--Any period of confinement included in a
sentence of a court-martial begins to run from the date the
sentence is adjudged by the court-martial, but periods during
which the sentence to confinement is suspended or deferred shall
be excluded in computing the service of the term of confinement.
``(3) Approval of sentence of death.--If the sentence of the
court-martial extends to death, that part of the sentence
providing for death may not be executed until approved by the
President. In such a case, the President may commute, remit, or
suspend the sentence, or any part thereof, as the President sees
fit. That part of the sentence providing for death may not be
suspended.
``(4) Approval of dismissal.--If in the case of a
commissioned officer, cadet, or midshipman, the sentence of a
court-martial extends to dismissal, that part of the sentence
providing for dismissal may not be executed until approved by
the Secretary concerned or such Under Secretary or Assistant
Secretary as may be designated by the Secretary concerned. In
such a case, the Secretary, Under Secretary, or Assistant
Secretary, as the case may be, may commute, remit, or suspend
the sentence, or any part of the sentence, as the Secretary sees
fit. In time of war or national emergency he may commute a
sentence of dismissal to reduction to any enlisted grade. A
person so reduced may be required to serve for the duration of
the war or emergency and six months thereafter.
``(5) Completion of appellate review.--If a sentence extends
to death, dismissal, or a dishonorable or bad-conduct discharge,
that part of the sentence extending to death, dismissal, or a
dishonorable or bad-conduct discharge may be executed, in
accordance with service regulations, after completion of
appellate review (and, with respect to death or dismissal,
approval under paragraph (3) or (4), as appropriate).
``(6) Other sentences.--Except as otherwise provided in this
subsection, a general or special court-martial sentence is
effective upon entry of judgment and a summary court-martial
sentence is effective when the convening authority acts on the
sentence.
[[Page 130 STAT. 2922]]
``(b) Deferral of Sentences.--
``(1) In general.--On application by an accused, the
convening authority or, if the accused is no longer under his or
her jurisdiction, the officer exercising general court-martial
jurisdiction over the command to which the accused is currently
assigned, may, in his or her sole discretion, defer the
effective date of a sentence of confinement, reduction, or
forfeiture. The deferment shall terminate upon entry of judgment
or, in the case of a summary court-martial, when the convening
authority acts on the sentence. The deferment may be rescinded
at any time by the officer who granted it or, if the accused is
no longer under his jurisdiction, by the officer exercising
general court-martial jurisdiction over the command to which the
accused is currently assigned.
``(2) Deferral of certain persons sentenced to
confinement.--In any case in which a court-martial sentences a
person referred to in paragraph (3) to confinement, the
convening authority may defer the service of the sentence to
confinement, without the consent of that person, until after the
person has been permanently released to the armed forces by a
State or foreign country referred to in that paragraph.
``(3) Covered persons.--Paragraph (2) applies to a person
subject to this chapter who--
``(A) while in the custody of a State or foreign
country is temporarily returned by that State or foreign
country to the armed forces for trial by court-martial;
and
``(B) after the court-martial, is returned to that
State or foreign country under the authority of a mutual
agreement or treaty, as the case may be.
``(4) State defined.--In this subsection, the term `State'
includes the District of Columbia and any Commonwealth,
territory, or possession of the United States.
``(5) Deferral while review pending.--In any case in which a
court-martial sentences a person to confinement, but in which
review of the case under section 867(a)(2) of this title
(article 67(a)(2)) is pending, the Secretary concerned may defer
further service of the sentence to confinement while that review
is pending.
``(c) Appellate Review.--
``(1) Completion of appellate review.--Appellate review is
complete under this section when--
``(A) a review under section 865 of this title
(article 65) is completed; or
``(B) a review under section 866 of this title
(article 66) is completed by a Court of Criminal Appeals
and--
``(i) the time for the accused to file a
petition for review by the Court of Appeals for
the Armed Forces has expired and the accused has
not filed a timely petition for such review and
the case is not otherwise under review by that
Court;
``(ii) such a petition is rejected by the
Court of Appeals for the Armed Forces; or
``(iii) review is completed in accordance with
the judgment of the Court of Appeals for the Armed
Forces and--
[[Page 130 STAT. 2923]]
``(I) a petition for a writ of
certiorari is not filed within the time
limits prescribed by the Supreme Court;
``(II) such a petition is rejected
by the Supreme Court; or
``(III) review is otherwise
completed in accordance with the
judgment of the Supreme Court.
``(2) Completion as final judgment of legality of
proceedings.--The completion of appellate review shall
constitute a final judgment as to the legality of the
proceedings.''.
(b) Conforming Amendments.--
(1) Subchapter VIII of chapter 47 of title 10, United States
Code, is amended by striking section 857a (article 57a of the
Uniform Code of Military Justice).
(2) Subchapter IX of chapter 47 of title 10, United States
Code, is amended by striking section 871 (article 71 of the
Uniform Code of Military Justice).
(3) The second sentence of subsection (a)(1) of section 858b
of title 10, United States Code (article 58b of the Uniform Code
of Military Justice), is amended by striking ``section 857(a) of
this title (article 57(a))'' and inserting ``section 857 of this
title (article 57)''.
SEC. 5303. SENTENCE OF REDUCTION IN ENLISTED GRADE.
Section 858a of title 10, United States Code (article 58a of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)--
(A) by striking ``Unless otherwise provided in
regulations to be prescribed by the Secretary concerned,
a'' and inserting ``A'';
(B) by striking ``as approved by the convening
authority'' and inserting ``as set forth in the judgment
of the court-martial entered into the record under
section 860c of this title (article 60c)''; and
(C) in the matter after paragraph (3), by striking
``of that approval'' and inserting ``on which the
judgment is so entered''; and
(2) in subsection (b), by striking ``disapproved, or, as
finally approved'' and inserting ``reduced, or, as finally
affirmed''.
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.
[[Page 130 STAT. 2924]]
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.
SEC. 5321. POST-TRIAL PROCESSING IN GENERAL AND SPECIAL COURTS-
MARTIAL.
Section 860 of title 10, United States Code (article 60 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 860. Art 60. Post-trial processing in general and special
courts-martial
``(a) Statement of Trial Results.--(1) The military judge of a
general or special court-martial shall enter into the record of trial a
document entitled `Statement of Trial Results', which shall set forth--
``(A) each plea and finding;
``(B) the sentence, if any; and
``(C) such other information as the President may prescribe
by regulation.
``(2) Copies of the Statement of Trial Results shall be provided
promptly to the convening authority, the accused, and any victim of the
offense.
``(b) Post-trial Motions.--In accordance with regulations prescribed
by the President, the military judge in a general or special court-
martial shall address all post-trial motions and other post-trial
matters that--
``(1) may affect a plea, a finding, the sentence, the
Statement of Trial Results, the record of trial, or any post-
trial action by the convening authority; and
``(2) are subject to resolution by the military judge before
entry of judgment.''.
SEC. 5322. LIMITED AUTHORITY TO ACT ON SENTENCE IN SPECIFIED POST-
TRIAL CIRCUMSTANCES.
Subchapter IX of chapter 47 of title 10, United States Code, is
amended by inserting after section 860 (article 60 of the Uniform Code
of Military Justice), as amended by section 5321 of this Act, the
following new section (article):
``Sec. 860a. <<NOTE: 10 USC 860a note.>> Art. 60a. Limited
authority to act on sentence in specified post-
trial circumstances
``(a) In General.--(1) The convening authority of a general or
special court-martial described in paragraph (2)--
``(A) may act on the sentence of the court-martial only as
provided in subsection (b), (c), or (d); and
``(B) may not act on the findings of the court-martial.
``(2) The courts-martial referred to in paragraph (1) are the
following:
``(A) A general or special court-martial in which the
maximum sentence of confinement established under subsection (a)
of section 856 of this title (article 56) for any offense of
which the accused is found guilty is more than two years.
``(B) A general or special court-martial in which the total
of the sentences of confinement imposed, running consecutively,
is more than six months.
[[Page 130 STAT. 2925]]
``(C) A general or special court-martial in which the
sentence imposed includes a dismissal, dishonorable discharge,
or bad-conduct discharge.
``(D) A general or special court-martial in which the
accused is found guilty of a violation of subsection (a) or (b)
of section 920 of this title (article 120), section 920b of this
title (article 120b), or such other offense as the Secretary of
Defense may specify by regulation.
``(3) Except as provided in subsection (d), the convening authority
may act under this section only before entry of judgment.
``(4) Under regulations prescribed by the Secretary concerned, a
commissioned officer commanding for the time being, a successor in
command, or any person exercising general court-martial jurisdiction may
act under this section in place of the convening authority.
``(b) Reduction, Commutation, and Suspension of Sentences
Generally.--(1) Except as provided in subsection (c) or (d), the
convening authority may not reduce, commute, or suspend any of the
following sentences:
``(A) A sentence of confinement, if the total period of
confinement imposed for all offenses involved, running
consecutively, is greater than six months.
``(B) A sentence of dismissal, dishonorable discharge, or
bad-conduct discharge.
``(C) A sentence of death.
``(2) The convening authority may reduce, commute, or suspend any
sentence not specified in paragraph (1).
``(c) Suspension of Certain Sentences Upon Recommendation of
Military Judge.--(1) Upon recommendation of the military judge, as
included in the Statement of Trial Results, together with an explanation
of the facts supporting the recommendation, the convening authority may
suspend--
``(A) a sentence of confinement, in whole or in part; or
``(B) a sentence of dismissal, dishonorable discharge, or
bad-conduct discharge.
``(2) The convening authority may not, under paragraph (1)--
``(A) suspend a mandatory minimum sentence; or
``(B) suspend a sentence to an extent in excess of the
suspension recommended by the military judge.
``(d) Reduction of Sentence for Substantial Assistance by Accused.--
(1) Upon a recommendation by the trial counsel, if the accused, after
sentencing and before entry of judgment, provides substantial assistance
in the investigation or prosecution of another person, the convening
authority may reduce, commute, or suspend a sentence, in whole or in
part, including any mandatory minimum sentence.
``(2) Upon a recommendation by a trial counsel, designated in
accordance with rules prescribed by the President, if the accused, after
entry of judgment, provides substantial assistance in the investigation
or prosecution of another person, a convening authority, designated
under such regulations, may reduce, commute, or suspend a sentence, in
whole or in part, including any mandatory minimum sentence.
``(3) In evaluating whether the accused has provided substantial
assistance under this subsection, the convening authority may consider
the presentence assistance of the accused.
``(e) Submissions by Accused and Victim.--(1) In accordance with
rules prescribed by the President, in determining whether
[[Page 130 STAT. 2926]]
to act under this section, the convening authority shall consider
matters submitted in writing by the accused or any victim of an offense.
Such rules shall include--
``(A) procedures for notice of the opportunity to make such
submissions;
``(B) the deadlines for such submissions; and
``(C) procedures for providing the accused and any victim of
an offense with a copy of the recording of any open sessions of
the court-martial and copies of, or access to, any admitted,
unsealed exhibits.
``(2) The convening authority shall not consider under this section
any submitted matters that relate to the character of a victim unless
such matters were presented as evidence at trial and not excluded at
trial.
``(f) Decision of Convening Authority.--(1) The decision of the
convening authority under this section shall be forwarded to the
military judge, with copies provided to the accused and to any victim of
the offense.
``(2) If, under this section, the convening authority reduces,
commutes, or suspends the sentence, the decision of the convening
authority shall include a written explanation of the reasons for such
action.
``(3) If, under subsection (d)(2), the convening authority reduces,
commutes, or suspends the sentence, the decision of the convening
authority shall be forwarded to the chief trial judge for appropriate
modification of the entry of judgment, which shall be transmitted to the
Judge Advocate General for appropriate action.''.
SEC. 5323. POST-TRIAL ACTIONS IN SUMMARY COURTS-MARTIAL AND
CERTAIN GENERAL AND SPECIAL COURTS-
MARTIAL.
Subchapter IX of chapter 47 of title 10, United States Code, is
amended by inserting after section 860a (article 60a of the Uniform Code
of Military Justice), as added by section 5322 of this Act, the
following new section (article):
``Sec. 860b. <<NOTE: 10 USC 860b note.>> Art. 60b. Post-trial
actions in summary courts-martial and certain
general and special courts-martial
``(a) In General.--(1) In a court-martial not specified in section
860a(a)(2) of this title (article 60a(a)(2)), the convening authority
may--
``(A) dismiss any charge or specification by setting aside
the finding of guilty;
``(B) change a finding of guilty to a charge or
specification to a finding of guilty to a lesser included
offense;
``(C) disapprove the findings and the sentence and dismiss
the charges and specifications;
``(D) disapprove the findings and the sentence and order a
rehearing as to the findings and the sentence;
``(E) disapprove, commute, or suspend the sentence, in whole
or in part; or
``(F) disapprove the sentence and order a rehearing as to
the sentence.
``(2) In a summary court-martial, the convening authority shall
approve the sentence or take other action on the sentence under
paragraph (1).
``(3) Except as provided in paragraph (4), the convening authority
may act under this section only before entry of judgment.
[[Page 130 STAT. 2927]]
``(4) The convening authority may act under this section after entry
of judgment in a general or special court-martial in the same manner as
the convening authority may act under section 860a(d)(2) of this title
(article 60a(d)(2)). Such action shall be forwarded to the chief trial
judge, who shall ensure appropriate modification to the entry of
judgment and shall transmit the entry of judgment to the Judge Advocate
General for appropriate action.
``(5) Under regulations prescribed by the Secretary concerned, a
commissioned officer commanding for the time being, a successor in
command, or any person exercising general court-martial jurisdiction may
act under this section in place of the convening authority.
``(b) Limitations on Rehearings.--The convening authority may not
order a rehearing under this section--
``(1) as to the findings, if there is insufficient evidence
in the record to support the findings;
``(2) to reconsider a finding of not guilty of any
specification or a ruling which amounts to a finding of not
guilty; or
``(3) to reconsider a finding of not guilty of any charge,
unless there has been a finding of guilty under a specification
laid under that charge, which sufficiently alleges a violation
of some article of this chapter.
``(c) Submissions by Accused and Victim.--In accordance with rules
prescribed by the President, in determining whether to act under this
section, the convening authority shall consider matters submitted in
writing by the accused or any victim of the offense. Such rules shall
include the matter required by section 860a(e) of this title (article
60a(e)).
``(d) Decision of Convening Authority.--(1) In a general or special
court-martial, the decision of the convening authority under this
section shall be forwarded to the military judge, with copies provided
to the accused and to any victim of the offense.
``(2) If the convening authority acts on the findings or the
sentence under subsection (a)(1), the decision of the convening
authority shall include a written explanation of the reasons for such
action.''.
SEC. 5324. ENTRY OF JUDGMENT.
Subchapter IX of chapter 47 of title 10, United States Code, is
amended by inserting after section 860b (article 60b of the Uniform Code
of Military Justice), as added by section 5323 of this Act, the
following new section (article):
``Sec. 860c. <<NOTE: 10 USC 860c note.>> Art. 60c. Entry of
judgment
``(a) Entry of Judgment of General or Special Court-martial.--(1) In
accordance with rules prescribed by the President, in a general or
special court-martial, the military judge shall enter into the record of
trial the judgment of the court. The judgment of the court shall consist
of the following:
``(A) The Statement of Trial Results under section 860 of
this title (article 60).
``(B) Any modifications of, or supplements to, the Statement
of Trial Results by reason of--
``(i) any post-trial action by the convening
authority; or
``(ii) any ruling, order, or other determination of
the military judge that affects a plea, a finding, or
the sentence.
[[Page 130 STAT. 2928]]
``(2) Under rules prescribed by the President, the judgment under
paragraph (1) shall be--
``(A) provided to the accused and to any victim of the
offense; and
``(B) made available to the public.
``(b) Summary Court-martial Judgment.--The findings and sentence of
a summary court-martial, as modified by any post-trial action by the
convening authority under section 860b of this title (article 60b),
constitutes the judgment of the court-martial and shall be recorded and
distributed under rules prescribed by the President.''.
SEC. 5325. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OF APPEAL.
Section 861 of title 10, United States Code (article 61 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 861. Art. 61. Waiver of right to appeal; withdrawal of
appeal
``(a) Waiver of Right to Appeal.--After entry of judgment in a
general or special court-martial, under procedures prescribed by the
Secretary concerned, the accused may waive the right to appellate review
in each case subject to such review under section 866 of this title
(article 66). Such a waiver shall be--
``(1) signed by the accused and by defense counsel; and
``(2) attached to the record of trial.
``(b) Withdrawal of Appeal.--In a general or special court-martial,
the accused may withdraw an appeal at any time.
``(c) Death Penalty Case Exception.--Notwithstanding subsections (a)
and (b), an accused may not waive the right to appeal or withdraw an
appeal with respect to a judgment that includes a sentence of death.
``(d) Waiver or Withdrawal as Bar.--A waiver or withdrawal under
this section bars review under section 866 of this title (article
66).''.
SEC. 5326. APPEAL BY THE UNITED STATES.
Section 862 of title 10, United States Code (article 62 of the
Uniform Code of Military Justice), is amended--
(1) in paragraph (1) of subsection (a)--
(A) in the matter before subparagraph (A), by
striking ``court-martial'' and all that follows through
the colon at the end and inserting ``general or special
court-martial, or in a pretrial proceeding under section
830a of this title (article 30a), the United States may
appeal the following:''; and
(B) by adding at the end the following new
subparagraph:
``(G) An order or ruling of the military judge entering a
finding of not guilty with respect to a charge or specification
following the return of a finding of guilty by the members.'';
(2) in paragraph (2) of subsection (a)--
(A) by striking ``(2)'' and inserting ``(2)(A)'';
and
(B) by adding at the end the following new
subparagraph:
``(B) An appeal of an order or ruling may not be taken when
prohibited by section 844 of this title (article 44).''; and
(3) by adding at the end the following:
[[Page 130 STAT. 2929]]
``(d) The United States may appeal a ruling or order of a military
magistrate in the same manner as had the ruling or order been made by a
military judge, except that the issue shall first be presented to the
military judge who designated the military magistrate or to a military
judge detailed to hear the issue.
``(e) The provisions of this section shall be liberally construed to
effect its purposes.''.
SEC. 5327. REHEARINGS.
Section 863 of title 10, United States Code (article 63 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a)'' before ``Each rehearing'';
(2) in the second sentence, by striking ``may be approved''
and inserting ``may be adjudged'';
(3) by striking the third sentence; and
(4) by adding at the end the following new subsections:
``(b) If the sentence adjudged by the first court-martial was in
accordance with a plea agreement under section 853a of this title
(article 53a) and the accused at the rehearing does not comply with the
agreement, or if a plea of guilty was entered for an offense at the
first court-martial and a plea of not guilty was entered at the
rehearing, the sentence as to those charges or specifications may
include any punishment not in excess of that which could have been
adjudged at the first court-martial.
``(c) If, after appeal by the Government under section 856(d) of
this title (article 56(d)), the sentence adjudged is set aside and a
rehearing on sentence is ordered by the Court of Criminal Appeals or
Court of Appeals for the Armed Forces, the court-martial may impose any
sentence that is in accordance with the order or ruling setting aside
the adjudged sentence, subject to such limitations as the President may
prescribe by regulation.''.
SEC. 5328. JUDGE ADVOCATE REVIEW OF FINDING OF GUILTY IN SUMMARY
COURT-MARTIAL.
(a) In General.--Subsection (a) of section 864 of title 10, United
States Code (article 64 of the Uniform Code of Military Justice), is
amended by striking the first two sentences and inserting the following:
``(a) In General.--Under regulations prescribed by the Secretary
concerned, each summary court-martial in which there is a finding of
guilty shall be reviewed by a judge advocate. A judge advocate may not
review a case under this subsection if the judge advocate has acted in
the same case as an accuser, preliminary hearing officer, member of the
court, military judge, or counsel or has otherwise acted on behalf of
the prosecution or defense.''.
(b) Technical and Conforming Amendments.--
(1) The heading of such section (article) is amended to read
as follows:
``Sec. 864. Art. 64. Judge advocate review of finding of guilty in
summary court-martial''.
(2) Subsection (b) of such section (article) is amended--
(A) by striking ``(b) The record'' and inserting
``(b) Record.--The record'';
(B) in paragraph (1), by adding ``or'' at the end;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2).
[[Page 130 STAT. 2930]]
(3) Subsection (c)(3) of such section (article) is amended
by striking ``section 869(b) of this title (article 69(b)).''
and inserting ``section 869 of this title (article 69).''.
SEC. 5329. TRANSMITTAL AND REVIEW OF RECORDS.
Section 865 of title 10, United States Code (article 65 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 865. Art. 65. Transmittal and review of records
``(a) Transmittal of Records.--
``(1) Finding of guilty in general or special court-
martial.--If the judgment of a general or special court-martial
entered under section 860c of this title (article 60c) includes
a finding of guilty, the record shall be transmitted to the
Judge Advocate General.
``(2) Other cases.--In all other cases, records of trial by
court-martial and related documents shall be transmitted and
disposed of as the Secretary concerned may prescribe by
regulation.
``(b) Cases for Direct Appeal.--
``(1) Automatic review.--If the judgment includes a sentence
of death, dismissal of a commissioned officer, cadet, or
midshipman, dishonorable discharge or bad-conduct discharge, or
confinement for 2 years or more, the Judge Advocate General
shall forward the record of trial to the Court of Criminal
Appeals for review under section 866(b)(2) of this title
(article 66(b)(2)).
``(2) Cases eligible for direct appeal review.--
``(A) In general.--If the case is eligible for
direct review under section 866(b)(1) of this title
(article 66(b)(1)), the Judge Advocate General shall--
``(i) forward a copy of the record of trial to
an appellate defense counsel who shall be detailed
to review the case and, upon request of the
accused, to represent the accused before the Court
of Criminal Appeals; and
``(ii) upon written request of the accused,
forward a copy of the record of trial to civilian
counsel provided by the accused.
``(B) Inapplicability.--Subparagraph (A) shall not
apply if the accused--
``(i) waives the right to appeal under section
861 of this title (article 61); or
``(ii) declines in writing the detailing of
appellate defense counsel under subparagraph
(A)(i).
``(c) Notice of Right to Appeal.--
``(1) In general.--The Judge Advocate General shall provide
notice to the accused of the right to file an appeal under
section 866(b)(1) of this title (article 66(b)(1)) by means of
depositing in the United States mails for delivery by first
class certified mail to the accused at an address provided by
the accused or, if no such address has been provided by the
accused, at the latest address listed for the accused in the
official service record of the accused.
``(2) Inapplicability upon waiver of appeal.--Paragraph (1)
shall not apply if the accused waives the right to appeal under
section 861 of this title (article 61).
[[Page 130 STAT. 2931]]
``(d) Review by Judge Advocate General.--
``(1) By whom.--A review conducted under this subsection may
be conducted by an attorney within the Office of the Judge
Advocate General or another attorney designated under
regulations prescribed by the Secretary concerned.
``(2) Review of cases not eligible for direct appeal.--
``(A) In general.--A review under subparagraph (B)
shall be completed in each general and special court-
martial that is not eligible for direct appeal under
paragraph (1) or (3) of section 866(b) of this title
(article 66(b)).
``(B) Scope of review.--A review referred to in
subparagraph (A) shall include a written decision
providing each of the following:
``(i) A conclusion as to whether the court had
jurisdiction over the accused and the offense.
``(ii) A conclusion as to whether the charge
and specification stated an offense.
``(iii) A conclusion as to whether the
sentence was within the limits prescribed as a
matter of law.
``(iv) A response to each allegation of error
made in writing by the accused.
``(3) Review when direct appeal is waived, withdrawn, or not
filed.--
``(A) In general.--A review under subparagraph (B)
shall be completed in each general and special court-
martial if--
``(i) the accused waives the right to appeal
or withdraws appeal under section 861 of this
title (article 61); or
``(ii) the accused does not file a timely
appeal in a case eligible for direct appeal under
subparagraph (A), (B), or (C) of section 866(b)(1)
of this title (article 66(b)(1)).
``(B) Scope of review.--A review referred to in
subparagraph (A) shall include a written decision
limited to providing conclusions on the matters
specified in clauses (i), (ii), and (iii) of paragraph
(2)(B).
``(e) Remedy.--
``(1) In general.--If after a review of a record under
subsection (d), the attorney conducting the review believes
corrective action may be required, the record shall be forwarded
to the Judge Advocate General, who may set aside the findings or
sentence, in whole or in part.
``(2) Rehearing.--In setting aside findings or sentence, the
Judge Advocate General may order a rehearing, except that a
rehearing may not be ordered in violation of section 844 of this
title (article 44).
``(3) Remedy without rehearing.--
``(A) Dismissal when no rehearing ordered.--If the
Judge Advocate General sets aside findings and sentence
and does not order a rehearing, the Judge Advocate
General shall dismiss the charges.
``(B) Dismissal when rehearing impractical.--If the
Judge Advocate General sets aside findings and orders a
rehearing and the convening authority determines that a
rehearing would be impractical, the convening authority
shall dismiss the charges.''.
[[Page 130 STAT. 2932]]
SEC. 5330. COURTS OF CRIMINAL APPEALS.
(a) Appellate Military Judges.--Subsection (a) of section 866 of
title 10, United States Code (article 66 of the Uniform Code of Military
Justice), is amended--
(1) in the second sentence, by striking ``subsection (f)''
and inserting ``subsection (h)'';
(2) in the fourth sentence, by inserting after ``highest
court of a State'' the following: ``and must be certified by the
Judge Advocate General as qualified, by reason of education,
training, experience, and judicial temperament, for duty as an
appellate military judge''; and
(3) by adding at the end the following new sentence: ``In
accordance with regulations prescribed by the President,
assignments of appellate military judges under this section
(article) shall be for appropriate minimum periods, subject to
such exceptions as may be authorized in the regulations.''.
(b) Revision of Appellate Procedures.--Such section (article) is
further amended--
(1) by redesignating subsections (e), (f), (g), and (h) as
subsections (g), (h), (i), and (j), respectively; and
(2) by striking subsections (b), (c), and (d) and inserting
the following new subsections:
``(b) Review.--
``(1) Appeals by accused.--A Court of Criminal Appeals shall
have jurisdiction over a timely appeal from the judgment of a
court-martial, entered into the record under section 860c of
this title (article 60c), as follows:
``(A) On appeal by the accused in a case in which
the sentence extends to confinement for more than six
months and the case is not subject to automatic review
under paragraph (3).
``(B) On appeal by the accused in a case in which
the Government previously filed an appeal under section
862 of this title (article 62).
``(C) On appeal by the accused in a case that the
Judge Advocate General has sent to the Court of Criminal
Appeals for review of the sentence under section 856(d)
of this title (article 56(d)).
``(D) In a case in which the accused filed an
application for review with the Court under section
869(d)(1)(B) of this title (article 69(d)(1)(B)) and the
application has been granted by the Court.
``(2) Review of certain sentences.--A Court of Criminal
Appeals shall have jurisdiction over all cases that the Judge
Advocate General orders sent to the Court for review under
section 856(d) of this title (article 56(d)).
``(3) Automatic review.--A Court of Criminal Appeals shall
have jurisdiction over a court-martial in which the judgment
entered into the record under section 860c of this title
(article 60c) includes a sentence of death, dismissal of a
commissioned officer, cadet, or midshipman, dishonorable
discharge or bad-conduct discharge, or confinement for 2 years
or more.
``(c) Timeliness.--An appeal under subsection (b)(1) is timely if it
is filed as follows:
``(1) In the case of an appeal by the accused under
subsection (b)(1)(A) or (b)(1)(B), if filed before the later
of--
[[Page 130 STAT. 2933]]
``(A) the end of the 90-day period beginning on the
date the accused is provided notice of appellate rights
under section 865(c) of this title (article 65(c)); or
``(B) the date set by the Court of Criminal Appeals
by rule or order.
``(2) In the case of an appeal by the accused under
subsection (b)(1)(C), if filed before the later of--
``(A) the end of the 90-day period beginning on the
date the accused is notified that the application for
review has been granted by letter placed in the United
States mails for delivery by first class certified mail
to the accused at an address provided by the accused or,
if no such address has been provided by the accused, at
the latest address listed for the accused in his
official service record; or
``(B) the date set by the Court of Criminal Appeals
by rule or order.
``(d) Duties.--
``(1) Cases appealed by accused.--In any case before the
Court of Criminal Appeals under subsection (b), the Court may
act only with respect to the findings and sentence as entered
into the record under section 860c of this title (article 60c).
The Court may affirm only such findings of guilty, and the
sentence or such part or amount of the sentence, as the Court
finds correct in law and fact and determines, on the basis of
the entire record, should be approved. In considering the
record, the Court may weigh the evidence, judge the credibility
of witnesses, and determine controverted questions of fact,
recognizing that the trial court saw and heard the witnesses.
``(2) Error or excessive delay.--In any case before the
Court of Criminal Appeals under subsection (b), the Court may
provide appropriate relief if the accused demonstrates error or
excessive delay in the processing of the court-martial after the
judgment was entered into the record under section 860c of this
title (article 60c).
``(e) Consideration of Appeal of Sentence by the United States.--
``(1) In general.--In considering a sentence on appeal or
review as provided in section 856(d) of this title (article
56(d)), the Court of Criminal Appeals may consider--
``(A) whether the sentence violates the law; and
``(B) whether the sentence is plainly unreasonable.
``(2) Record on appeal or review.--In an appeal or review
under this subsection or section 856(d) of this title (article
56(d)), the record on appeal or review shall consist of--
``(A) any portion of the record in the case that is
designated as pertinent by either of the parties;
``(B) the information submitted during the
sentencing proceeding; and
``(C) any information required by rule or order of
the Court of Criminal Appeals.
``(f) Limits of Authority.--
``(1) Set aside of findings.--
``(A) In general.--If the Court of Criminal Appeals
sets aside the findings, the Court--
``(i) may affirm any lesser included offense;
and
[[Page 130 STAT. 2934]]
``(ii) may, except when prohibited by section
844 of this title (article 44), order a rehearing.
``(B) Dismissal when no rehearing ordered.--If the
Court of Criminal Appeals sets aside the findings and
does not order a rehearing, the Court shall order that
the charges be dismissed.
``(C) Dismissal when rehearing impracticable.--If
the Court of Criminal Appeals orders a rehearing on a
charge and the convening authority finds a rehearing
impracticable, the convening authority may dismiss the
charge.
``(2) Set aside of sentence.--If the Court of Criminal
Appeals sets aside the sentence, the Court may--
``(A) modify the sentence to a lesser sentence; or
``(B) order a rehearing.
``(3) Additional proceedings.--If the Court determines that
additional proceedings are warranted, the Court may order a
hearing as may be necessary to address a substantial issue,
subject to such limitations as the Court may direct and under
such regulations as the President may prescribe.''.
(c) Action When Rehearing Impracticable After Rehearing Order.--
Subsection (g) of such section (article), as redesignated by subsection
(b)(1) of this section, is amended--
(1) in the first sentence, by striking ``convening
authority'' and inserting ``appropriate authority''; and
(2) by striking the last sentence.
(d) Section Heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 866. Art. 66. Courts of Criminal Appeals''.
(e) Subsection Heading Amendments for Stylistic Consistency.--Such
section (article) is further amended--
(1) in subsection (a), by inserting ``Courts of Criminal
Appeals.--'' after ``(a)'';
(2) in subsection (g), as redesignated by subsection (b)(1)
of this section, by inserting ``Action in Accordance With
Decisions of Courts.--'' after ``(g)'';
(3) in subsection (h), as so redesignated, by inserting
``Rules of Procedure.--'' after ``(h)'';
(4) in subsection (i), as so redesignated, by inserting
``Prohibition on Evaluation of Other Members of Courts.--''
after ``(i)''; and
(5) in subsection (j), as so redesignated, by inserting
``Ineligibility of Members of Courts To Review Records of Cases
Involving Certain Prior Member Service.--'' after ``(j)''.
SEC. 5331. REVIEW BY COURT OF APPEALS FOR THE ARMED FORCES.
(a) JAG Notification.--Subsection (a)(2) of section 867 of title 10,
United States Code (article 67 of the Uniform Code of Military Justice),
is amended by inserting after ``the Judge Advocate General'' the
following: ``, after appropriate notification to the other Judge
Advocates General and the Staff Judge Advocate to the Commandant of the
Marine Corps,''.
(b) Basis for Review.--Subsection (c) of such section (article) is
amended--
(1) by inserting ``(1)'' after ``(c)'';
[[Page 130 STAT. 2935]]
(2) by designating the second sentence as paragraph (2);
(3) by designating the third sentence as paragraph (3);
(4) by designating the fourth sentence as paragraph (4); and
(5) in paragraph (1), as designated by paragraph (1) of this
subsection, by striking ``only with respect to'' and all that
follows through the end of the sentence and inserting ``only
with respect to--
``(A) the findings and sentence set forth in the entry of
judgment, as affirmed or set aside as incorrect in law by the
Court of Criminal Appeals; or
``(B) a decision, judgment, or order by a military judge, as
affirmed or set aside as incorrect in law by the Court of
Criminal Appeals.''.
SEC. 5332. SUPREME COURT REVIEW.
The second sentence of section 867a(a) of title 10, United States
Code (article 67a(a) of the Uniform Code of Military Justice), is
amended by inserting before ``Court of Appeals'' the following: ``United
States''.
SEC. 5333. REVIEW BY JUDGE ADVOCATE GENERAL.
Section 869 of title 10, United States Code (article 69 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 869. Art. 69. Review by Judge Advocate General
``(a) In General.--Upon application by the accused and subject to
subsections (b), (c), and (d), the Judge Advocate General may modify or
set aside, in whole or in part, the findings and sentence in a court-
martial that is not reviewed under section 866 of this title (article
66).
``(b) Timing.--To qualify for consideration, an application under
subsection (a) must be submitted to the Judge Advocate General not later
than one year after the date of completion of review under section 864
or 865 of this title (article 64 or 65), as the case may be. The Judge
Advocate General may, for good cause shown, extend the period for
submission of an application, but may not consider an application
submitted more than three years after such completion date.
``(c) Scope.--(1)(A) In a case reviewed under section 864 or 865(b)
of this title (article 64 or 65(b)), the Judge Advocate General may set
aside the findings or sentence, in whole or in part on the grounds of
newly discovered evidence, fraud on the court, lack of jurisdiction over
the accused or the offense, error prejudicial to the substantial rights
of the accused, or the appropriateness of the sentence.
``(B) In setting aside findings or sentence, the Judge Advocate
General may order a rehearing, except that a rehearing may not be
ordered in violation of section 844 of this title (article 44).
``(C) If the Judge Advocate General sets aside findings and sentence
and does not order a rehearing, the Judge Advocate General shall dismiss
the charges.
``(D) If the Judge Advocate General sets aside findings and orders a
rehearing and the convening authority determines that a rehearing would
be impractical, the convening authority shall dismiss the charges.
``(2) In a case reviewed under section 865(b) of this title (article
65(b)), review under this section is limited to the issue of whether
[[Page 130 STAT. 2936]]
the waiver or withdrawal of an appeal was invalid under the law. If the
Judge Advocate General determines that the waiver or withdrawal of an
appeal was invalid, the Judge Advocate General shall order appropriate
corrective action under rules prescribed by the President.
``(d) Court of Criminal Appeals.--(1) A Court of Criminal Appeals
may review the action taken by the Judge Advocate General under
subsection (c)--
``(A) in a case sent to the Court of Criminal Appeals by
order of the Judge Advocate General; or
``(B) in a case submitted to the Court of Criminal Appeals
by the accused in an application for review.
``(2) The Court of Criminal Appeals may grant an application under
paragraph (1)(B) only if--
``(A) the application demonstrates a substantial basis for
concluding that the action on review under subsection (c)
constituted prejudicial error; and
``(B) the application is filed not later than the earlier
of--
``(i) 60 days after the date on which the accused is
notified of the decision of the Judge Advocate General;
or
``(ii) 60 days after the date on which a copy of the
decision of the Judge Advocate General is deposited in
the United States mails for delivery by first-class
certified mail to the accused at an address provided by
the accused or, if no such address has been provided by
the accused, at the latest address listed for the
accused in his official service record.
``(3) The submission of an application for review under this
subsection does not constitute a proceeding before the Court of Criminal
Appeals for purposes of section 870(c)(1) of this title (article
70(c)(1)).
``(e) Action Only on Matters of Law.--Notwithstanding section 866 of
this title (article 66), in any case reviewed by a Court of Criminal
Appeals under subsection (d), the Court may take action only with
respect to matters of law.''.
SEC. 5334. APPELLATE DEFENSE COUNSEL IN DEATH PENALTY CASES.
Section 870 of title 10, United States Code (article 70 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(f) To the greatest extent practicable, in any capital case, at
least one defense counsel under subsection (c) shall, as determined by
the Judge Advocate General, be learned in the law applicable to such
cases. If necessary, this counsel may be a civilian and, if so, may be
compensated in accordance with regulations prescribed by the Secretary
of Defense.''.
SEC. 5335. AUTHORITY FOR HEARING ON VACATION OF SUSPENSION OF
SENTENCE TO BE CONDUCTED BY QUALIFIED
JUDGE ADVOCATE.
(a) In General.--Subsection (a) of section 872 of title 10, United
States Code (article 72 of the Uniform Code of Military Justice), is
amended by inserting after the first sentence the following new
sentence: ``The special court-martial convening authority may detail a
judge advocate, who is certified under section 827(b) of this title
(article 27(b)), to conduct the hearing.''.
[[Page 130 STAT. 2937]]
(b) Technical Amendments.--Such section (article) is further
amended--
(1) in the last sentence of subsection (a), by striking ``if
he so desires'' and inserting ``if the probationer so desires'';
and
(2) in the second sentence of subsection (b)--
(A) by striking ``If he'' and inserting ``If the
officer exercising general court-martial jurisdiction'';
and
(B) by striking ``section 871(c) of this title
(article 71(c))'' and inserting ``section 857 of this
title (article 57)''.
SEC. 5336. EXTENSION OF TIME FOR PETITION FOR NEW TRIAL.
The first sentence of section 873 of title 10, United States Code
(article 73 of the Uniform Code of Military Justice), is amended by
striking ``two years after approval by the convening authority of a
court-martial sentence'' and inserting ``three years after the date of
the entry of judgment under section 860c of this title (article 60c)''.
SEC. 5337. RESTORATION.
Section 875 of title 10, United States Code (article 75 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(d) The President shall prescribe regulations, with such
limitations as the President considers appropriate, governing
eligibility for pay and allowances for the period after the date on
which an executed part of a court-martial sentence is set aside.''.
SEC. 5338. LEAVE REQUIREMENTS PENDING REVIEW OF CERTAIN COURT-
MARTIAL CONVICTIONS.
Section 876a of title 10, United States Code (article 76a of the
Uniform Code of Military Justice), is amended--
(1) in the first sentence, by striking ``, as approved under
section 860 of this title (article 60),''; and
(2) in the second sentence, by striking ``on which the
sentence is approved under section 860 of this title (article
60)'' and inserting ``of the entry of judgment under section
860c of this title (article 60c)''.
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.
[[Page 130 STAT. 2938]]
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.
SEC. 5401. REORGANIZATION OF PUNITIVE ARTICLES.
Sections of subchapter X of chapter 47 of title 10, United States
Code (articles of the Uniform Code of Military Justice), are transferred
within subchapter X and redesignated as follows:
(1) Enlistment and separation.--Sections 883 and 884
(articles 83 and 84) are transferred so as to appear (in that
order) after section 904 (article 104) and are redesignated as
sections 904a and 904b (articles 104a and 104b), respectively.
(2) Resistance, flight, breach of arrest, and escape.--
Section 895 (article 95) is transferred so as to appear after
section 887 (article 87) and is redesignated as section 887a
(article 87a).
(3) Noncompliance with procedural rules.--Section 898
(article 98) is transferred so as to appear after section 931
(article 131) and is redesignated as section 931f (article
131f).
(4) Captured or abandoned property.--Section 903 (article
103) is transferred so as to appear after section 908 (article
108) and is redesignated as section 908a (article 108a).
(5) Aiding the enemy.--Section 904 (article 104) is
redesignated as section 903b (article 103b).
(6) Misconduct as prisoner.--Section 905 (article 105) is
transferred so as to appear after section 897 (article 97) and
is redesignated as section 898 (article 98).
(7) Spies; espionage.--Sections 906 and 906a (articles 106
and 106a) are transferred so as to appear (in that order) after
section 902 (article 102) and are redesignated as sections 903
and 903a (articles 103 and 103a), respectively.
(8) Misbehavior of sentinel.--Section 913 (article 113) is
transferred so as to appear after section 894 (article 94) and
is redesignated as section 895 (article 95).
[[Page 130 STAT. 2939]]
(9) Drunken or reckless operation of a vehicle, aircraft, or
vessel.--Section 911 (article 111) is transferred so as to
appear after section 912a (article 912a) and is redesignated as
section 913 (article 113).
(10) Housebreaking.--Section 930 (article 130) is
redesignated as section 929a (article 129a).
(11) Stalking.--Section 920a (article 120a) is transferred
so as to appear after section 929a (article 129a), as
redesignated by paragraph (10), and is redesignated as section
930 (article 130).
(12) Forgery.--Section 923 (article 123) is transferred so
as to appear after section 904b (article 104b), as transferred
and redesignated by paragraph (1), and is redesignated as
section 905 (article 105).
(13) Maiming.--
(A) In general.--Section 924 (article 124) is
transferred so as to appear after section 928 (article
128) and is redesignated as section 928a (article 128a).
(B) Conforming amendments.--Section 919a(b) (article
919a(b)) is amended--
(i) by striking ``924,'' and inserting
``928a,''; and
(ii) by striking ``124,'' and inserting
``128a''.
(14) Frauds against the united states.--Section 932 of
(article 132) is transferred so as to appear after section 923a
(article 123a) and is redesignated as section 924 (article 124).
SEC. 5402. CONVICTION OF OFFENSE CHARGED, LESSER INCLUDED
OFFENSES, AND ATTEMPTS.
Section 879 of title 10, United States Code (article 79 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 879. Art. 79. Conviction of offense charged, lesser
included offenses, and attempts
``(a) In General.--An accused may be found guilty of any of the
following:
``(1) The offense charged.
``(2) A lesser included offense.
``(3) An attempt to commit the offense charged.
``(4) An attempt to commit a lesser included offense, if the
attempt is an offense in its own right.
``(b) Lesser Included Offense Defined.--In this section (article),
the term `lesser included offense' means--
``(1) an offense that is necessarily included in the offense
charged; and
``(2) any lesser included offense so designated by
regulation prescribed by the President.
``(c) Regulatory Authority.--Any designation of a lesser included
offense in a regulation referred to in subsection (b) shall be
reasonably included in the greater offense.''.
SEC. 5403. SOLICITING COMMISSION OF OFFENSES.
Section 882 of title 10, United States Code (article 82 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 882. Art. 82. Soliciting commission of offenses
``(a) Soliciting Commission of Offenses Generally.--Any person
subject to this chapter who solicits or advises another to
[[Page 130 STAT. 2940]]
commit an offense under this chapter (other than an offense specified in
subsection (b)) shall be punished as a court-martial may direct.
``(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before
the Enemy.--Any person subject to this chapter who solicits or advises
another to violate section 885 of this title (article 85), section 894
of this title (article 94), or section 99 of this title (article 99)--
``(1) if the offense solicited or advised is attempted or is
committed, shall be punished with the punishment provided for
the commission of the offense; and
``(2) if the offense solicited or advised is not attempted
or committed, shall be punished as a court-martial may
direct.''.
SEC. 5404. MALINGERING.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 882 (article 82 of the Uniform Code
of Military Justice), as amended by section 5403 of this Act, the
following new section (article):
``Sec. 883. <<NOTE: 10 USC 883.>> Art. 83. Malingering
``Any person subject to this chapter who, with the intent to avoid
work, duty, or service--
``(1) feigns illness, physical disablement, mental lapse, or
mental derangement; or
``(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.''.
SEC. 5405. BREACH OF MEDICAL QUARANTINE.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 883 (article 83 of the Uniform Code
of Military Justice), as added by section 5404 of this Act, the
following new section (article):
``Sec. 884. <<NOTE: 10 USC 884.>> Art. 84. Breach of medical
quarantine
``Any person subject to this chapter--
``(1) who is ordered into medical quarantine by a person
authorized to issue such order; and
``(2) who, with knowledge of the quarantine and the limits
of the quarantine, goes beyond those limits before being
released from the quarantine by proper authority;
shall be punished as a court-martial may direct.''.
SEC. 5406. MISSING MOVEMENT; JUMPING FROM VESSEL.
Section 887 of title 10, United States Code (article 87 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 887. Art. 87. Missing movement; jumping from vessel
``(a) Missing Movement.--Any person subject to this chapter who,
through neglect or design, misses the movement of a ship, aircraft, or
unit with which the person is required in the course of duty to move
shall be punished as a court-martial may direct.
``(b) Jumping From Vessel Into the Water.--Any person subject to
this chapter who wrongfully and intentionally jumps into the water from
a vessel in use by the armed forces shall be punished as a court-martial
may direct.''.
[[Page 130 STAT. 2941]]
SEC. 5407. OFFENSES AGAINST CORRECTIONAL CUSTODY AND RESTRICTION.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 887a (article 87a of the Uniform Code
of Military Justice), as transferred and redesignated by section 5401(2)
of this Act, the following new section (article):
``Sec. 887b. <<NOTE: 10 USC 887b.>> Art. 87b. Offenses against
correctional custody and restriction
``(a) Escape From Correctional Custody.--Any person subject to this
chapter--
``(1) who is placed in correctional custody by a person
authorized to do so;
``(2) who, while in correctional custody, is under physical
restraint; and
``(3) who escapes from the physical restraint before being
released from the physical restraint by proper authority;
shall be punished as a court-martial may direct.
``(b) Breach of Correctional Custody.--Any person subject to this
chapter--
``(1) who is placed in correctional custody by a person
authorized to do so;
``(2) who, while in correctional custody, is under restraint
other than physical restraint; and
``(3) who goes beyond the limits of the restraint before
being released from the correctional custody or relieved of the
restraint by proper authority;
shall be punished as a court-martial may direct.
``(c) Breach of Restriction.--Any person subject to this chapter--
``(1) who is ordered to be restricted to certain limits by a
person authorized to do so; and
``(2) who, with knowledge of the limits of the restriction,
goes beyond those limits before being released by proper
authority;
shall be punished as a court-martial may direct.''.
SEC. 5408. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER;
ASSAULT OF SUPERIOR COMMISSIONED
OFFICER.
Section 889 of title 10, United States Code (article 89 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 889. Art. 89. Disrespect toward superior commissioned
officer; assault of superior commissioned
officer
``(a) Disrespect.--Any person subject to this chapter who behaves
with disrespect toward that person's superior commissioned officer shall
be punished as a court-martial may direct.
``(b) Assault.--Any person subject to this chapter who strikes that
person's superior commissioned officer or draws or lifts up any weapon
or offers any violence against that officer while the officer is in the
execution of the officer's office shall be punished--
``(1) if the offense is committed in time of war, by death
or such other punishment as a court-martial may direct; and
``(2) if the offense is committed at any other time, by such
punishment, other than death, as a court-martial may direct.''.
[[Page 130 STAT. 2942]]
SEC. 5409. WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Section 890 of title 10, United States Code (article 90 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 890. Art. 90. Willfully disobeying superior commissioned
officer
``Any person subject to this chapter who willfully disobeys a lawful
command of that person's superior commissioned officer shall be
punished--
``(1) if the offense is committed in time of war, by death
or such other punishment as a court-martial may direct; and
``(2) if the offense is committed at any other time, by such
punishment, other than death, as a court-martial may direct.''.
SEC. 5410. PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE
BY PERSON IN POSITION OF SPECIAL TRUST.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 893 (article 93 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 893a. <<NOTE: 10 USC 893a.>> Art. 93a. Prohibited
activities with military recruit or trainee by
person in position of special trust
``(a) Abuse of Training Leadership Position.--Any person subject to
this chapter--
``(1) who is an officer, a noncommissioned officer, or a
petty officer;
``(2) who is in a training leadership position with respect
to a specially protected junior member of the armed forces; and
``(3) who engages in prohibited sexual activity with such
specially protected junior member of the armed forces;
shall be punished as a court-martial may direct.
``(b) Abuse of Position as Military Recruiter.--Any person subject
to this chapter--
``(1) who is a military recruiter and engages in prohibited
sexual activity with an applicant for military service; or
``(2) who is a military recruiter and engages in prohibited
sexual activity with a specially protected junior member of the
armed forces who is enlisted under a delayed entry program;
shall be punished as a court-martial may direct.
``(c) Consent.--Consent is not a defense for any conduct at issue in
a prosecution under this section (article).
``(d) Definitions.--In this section (article):
``(1) Specially protected junior member of the armed
forces.--The term `specially protected junior member of the
armed forces' means--
``(A) a member of the armed forces who is assigned
to, or is awaiting assignment to, basic training or
other initial active duty for training, including a
member who is enlisted under a delayed entry program;
``(B) a member of the armed forces who is a cadet, a
midshipman, an officer candidate, or a student in any
other officer qualification program; and
``(C) a member of the armed forces in any program
that, by regulation prescribed by the Secretary
concerned,
[[Page 130 STAT. 2943]]
is identified as a training program for initial career
qualification.
``(2) Training leadership position.--The term `training
leadership position' means, with respect to a specially
protected junior member of the armed forces, any of the
following:
``(A) Any drill instructor position or other
leadership position in a basic training program, an
officer candidate school, a reserve officers' training
corps unit, a training program for entry into the armed
forces, or any program that, by regulation prescribed by
the Secretary concerned, is identified as a training
program for initial career qualification.
``(B) Faculty and staff of the United States
Military Academy, the United States Naval Academy, the
United States Air Force Academy, and the United States
Coast Guard Academy.
``(3) Applicant for military service.--The term `applicant
for military service' means a person who, under regulations
prescribed by the Secretary concerned, is an applicant for
original enlistment or appointment in the armed forces.
``(4) Military recruiter.--The term `military recruiter'
means a person who, under regulations prescribed by the
Secretary concerned, has the primary duty to recruit persons for
military service.
``(5) Prohibited sexual activity.--The term `prohibited
sexual activity' means, as specified in regulations prescribed
by the Secretary concerned, inappropriate physical intimacy
under circumstances described in such regulations.''.
SEC. 5411. OFFENSES BY SENTINEL OR LOOKOUT.
Section 895 of title 10, United States Code (article 95 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 5401(8) of this Act, is amended to read as follows:
``Sec. 895. Art. 95. Offenses by sentinel or lookout
``(a) Drunk or Sleeping on Post, or Leaving Post Before Being
Relieved.--Any sentinel or lookout who is drunk on post, who sleeps on
post, or who leaves post before being regularly relieved, shall be
punished--
``(1) if the offense is committed in time of war, by death
or such other punishment as a court-martial may direct; and
``(2) if the offense is committed other than in time of war,
by such punishment, other than death, as a court-martial may
direct.
``(b) Loitering or Wrongfully Sitting on Post.--Any sentinel or
lookout who loiters or wrongfully sits down on post shall be punished as
a court-martial may direct.''.
SEC. 5412. DISRESPECT TOWARD SENTINEL OR LOOKOUT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 895 (article 95 of the Uniform Code
of Military Justice), as amended by section 5411 of this Act, the
following new section (article):
``Sec. 895a. <<NOTE: 10 USC 895a.>> Art. 95a. Disrespect toward
sentinel or lookout
``(a) Disrespectful Language Toward Sentinel or Lookout.--Any person
subject to this chapter who, knowing that another person is a sentinel
or lookout, uses wrongful and disrespectful
[[Page 130 STAT. 2944]]
language that is directed toward and within the hearing of the sentinel
or lookout, who is in the execution of duties as a sentinel or lookout,
shall be punished as a court-martial may direct.
``(b) Disrespectful Behavior Toward Sentinel or Lookout.--Any person
subject to this chapter who, knowing that another person is a sentinel
or lookout, behaves in a wrongful and disrespectful manner that is
directed toward and within the sight of the sentinel or lookout, who is
in the execution of duties as a sentinel or lookout, shall be punished
as a court-martial may direct.''.
SEC. 5413. RELEASE OF PRISONER WITHOUT AUTHORITY; DRINKING WITH
PRISONER.
Section 896 of title 10, United States Code (article 96 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 896. Art. 96. Release of prisoner without authority;
drinking with prisoner
``(a) Release of Prisoner Without Authority.--Any person subject to
this chapter--
``(1) who, without authority to do so, releases a prisoner;
or
``(2) who, through neglect or design, allows a prisoner to
escape;
shall be punished as a court-martial may direct, whether or not the
prisoner was committed in strict compliance with the law.
``(b) Drinking With Prisoner.--Any person subject to this chapter
who unlawfully drinks any alcoholic beverage with a prisoner shall be
punished as a court-martial may direct.''.
SEC. 5414. PENALTY FOR ACTING AS A SPY.
Section 903 of title 10, United States Code (article 103 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 5401(7) of this Act, is amended by inserting before the period
at the end of the first sentence the following: ``or such other
punishment as a court-martial or a military commission may direct''.
SEC. 5415. PUBLIC RECORDS OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 903b (article 103b of the Uniform
Code of Military Justice), as redesignated by section 5401(5) of this
Act, the following new section (article):
``Sec. 904. <<NOTE: 10 USC 904.>> Art. 104. Public records
offenses
``Any person subject to this chapter who, willfully and unlawfully--
``(1) alters, conceals, removes, mutilates, obliterates, or
destroys a public record; or
``(2) takes a public record with the intent to alter,
conceal, remove, mutilate, obliterate, or destroy the public
record;
shall be punished as a court-martial may direct.''.
SEC. 5416. FALSE OR UNAUTHORIZED PASS OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 905 (article 105 of the Uniform Code
of Military Justice), as transferred and redesignated by section
5401(12) of this Act, the following new section (article):
[[Page 130 STAT. 2945]]
``Sec. 905a. <<NOTE: 10 USC 905a.>> Art. 105a. False or
unauthorized pass offenses
``(a) Wrongful Making, Altering, etc.--Any person subject to this
chapter who, wrongfully and falsely, makes, alters, counterfeits, or
tampers with a military or official pass, permit, discharge certificate,
or identification card shall be punished as a court-martial may direct.
``(b) Wrongful Sale, etc.--Any person subject to this chapter who
wrongfully sells, gives, lends, or disposes of a false or unauthorized
military or official pass, permit, discharge certificate, or
identification card, knowing that the pass, permit, discharge
certificate, or identification card is false or unauthorized, shall be
punished as a court-martial may direct.
``(c) Wrongful Use or Possession.--Any person subject to this
chapter who wrongfully uses or possesses a false or unauthorized
military or official pass, permit, discharge certificate, or
identification card, knowing that the pass, permit, discharge
certificate, or identification card is false or unauthorized, shall be
punished as a court-martial may direct.''.
SEC. 5417. IMPERSONATION OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 905a (article 105a of the Uniform
Code of Military Justice), as added by section 5416 of this Act, the
following new section (article):
``Sec. 906. <<NOTE: 10 USC 906.>> Art. 106. Impersonation of
officer, noncommissioned or petty officer,
or agent or official
``(a) In General.--Any person subject to this chapter who,
wrongfully and willfully, impersonates--
``(1) an officer, a noncommissioned officer, or a petty
officer;
``(2) an agent of superior authority of one of the armed
forces; or
``(3) an official of a government;
shall be punished as a court-martial may direct.
``(b) Impersonation With Intent to Defraud.--Any person subject to
this chapter who, wrongfully, willfully, and with intent to defraud,
impersonates any person referred to in paragraph (1), (2), or (3) of
subsection (a) shall be punished as a court-martial may direct.
``(c) Impersonation of Government Official Without Intent to
Defraud.--Any person subject to this chapter who, wrongfully, willfully,
and without intent to defraud, impersonates an official of a government
by committing an act that exercises or asserts the authority of the
office that the person claims to have shall be punished as a court-
martial may direct.''.
SEC. 5418. INSIGNIA OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 906 (article 106 of the Uniform Code
of Military Justice), as added by section 5417 of this Act, the
following new section (article):
``Sec. 906a. <<NOTE: 10 USC 906a.>> Art. 106a. Wearing
unauthorized insignia, decoration, badge,
ribbon, device, or lapel button
``Any person subject to this chapter--
``(1) who is not authorized to wear an insignia, decoration,
badge, ribbon, device, or lapel button; and
[[Page 130 STAT. 2946]]
``(2) who wrongfully wears such insignia, decoration, badge,
ribbon, device, or lapel button upon the person's uniform or
civilian clothing;
shall be punished as a court-martial may direct.''.
SEC. 5419. FALSE OFFICIAL STATEMENTS; FALSE SWEARING.
Section 907 of title 10, United States Code (article 107 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 907. Art. 107. False official statements; false swearing
``(a) False Official Statements.--Any person subject to this chapter
who, with intent to deceive--
``(1) signs any false record, return, regulation, order, or
other official document, knowing it to be false; or
``(2) makes any other false official statement knowing it to
be false;
shall be punished as a court-martial may direct.
``(b) False Swearing.--Any person subject to this chapter--
``(1) who takes an oath that--
``(A) is administered in a matter in which such oath
is required or authorized by law; and
``(B) is administered by a person with authority to
do so; and
``(2) who, upon such oath, makes or subscribes to a
statement;
if the statement is false and at the time of taking the oath, the person
does not believe the statement to be true, shall be punished as a court-
martial may direct.''.
SEC. 5420. PAROLE VIOLATION.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 907 (article 107 of the Uniform Code
of Military Justice), as amended by section 5419 of this Act, the
following new section (article):
``Sec. 907a. <<NOTE: 10 USC 907a.>> Art. 107a. Parole violation
``Any person subject to this chapter--
``(1) who, having been a prisoner as the result of a court-
martial conviction or other criminal proceeding, is on parole
with conditions; and
``(2) who violates the conditions of parole;
shall be punished as a court-martial may direct.''.
SEC. 5421. WRONGFUL TAKING, OPENING, ETC. OF MAIL MATTER.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 909 (article 109 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 909a. <<NOTE: 10 USC 909a.>> Art. 109a. Mail matter:
wrongful taking, opening, etc.
``(a) Taking.--Any person subject to this chapter who, with the
intent to obstruct the correspondence of, or to pry into the business or
secrets of, any person or organization, wrongfully takes mail matter
before the mail matter is delivered to or received by the addressee
shall be punished as a court-martial may direct.
``(b) Opening, Secreting, Destroying, Stealing.--Any person subject
to this chapter who wrongfully opens, secretes, destroys, or steals mail
matter before the mail matter is delivered to or
[[Page 130 STAT. 2947]]
received by the addressee shall be punished as a court-martial may
direct.''.
SEC. 5422. IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.
Section 910 of title 10, United States Code (article 110 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 910. Art. 110. Improper hazarding of vessel or aircraft
``(a) Willful and Wrongful Hazarding.--Any person subject to this
chapter who, willfully and wrongfully, hazards or suffers to be hazarded
any vessel or aircraft of the armed forces shall be punished by death or
such other punishment as a court-martial may direct.
``(b) Negligent Hazarding.--Any person subject to this chapter who
negligently hazards or suffers to be hazarded any vessel or aircraft of
the armed forces shall be punished as a court-martial may direct.''.
SEC. 5423. LEAVING SCENE OF VEHICLE ACCIDENT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 910 (article 110 of the Uniform Code
of Military Justice), as amended by section 5422 of this Act, the
following new section (article):
``Sec. 911. <<NOTE: 10 USC 911.>> Art. 111. Leaving scene of
vehicle accident
``(a) Driver.--Any person subject to this chapter--
``(1) who is the driver of a vehicle that is involved in an
accident that results in personal injury or property damage; and
``(2) who wrongfully leaves the scene of the accident--
``(A) without providing assistance to an injured
person; or
``(B) without providing personal identification to
others involved in the accident or to appropriate
authorities;
shall be punished as a court-martial may direct.
``(b) Senior Passenger.--Any person subject to this chapter--
``(1) who is a passenger in a vehicle that is involved in an
accident that results in personal injury or property damage;
``(2) who is the superior commissioned or noncommissioned
officer of the driver of the vehicle or is the commander of the
vehicle; and
``(3) who wrongfully and unlawfully orders, causes, or
permits the driver to leave the scene of the accident--
``(A) without providing assistance to an injured
person; or
``(B) without providing personal identification to
others involved in the accident or to appropriate
authorities;
shall be punished as a court-martial may direct.''.
SEC. 5424. DRUNKENNESS AND OTHER INCAPACITATION OFFENSES.
Section 912 of title 10, United States Code (article 112 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 912. Art. 112. Drunkenness and other incapacitation
offenses
``(a) Drunk on Duty.--Any person subject to this chapter who is
drunk on duty shall be punished as a court-martial may direct.
[[Page 130 STAT. 2948]]
``(b) Incapacitation for Duty From Drunkenness or Drug Use.--Any
person subject to this chapter who, as a result of indulgence in any
alcoholic beverage or any drug, is incapacitated for the proper
performance of duty shall be punished as a court-martial may direct.
``(c) Drunk Prisoner.--Any person subject to this chapter who is a
prisoner and, while in such status, is drunk shall be punished as a
court-martial may direct.''.
SEC. 5425. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR CONVICTION OF
DRUNKEN OR RECKLESS OPERATION OF
VEHICLE, AIRCRAFT, OR VESSEL.
Subsection (b)(3) of section 913 of title 10, United States Code
(article 113 of the Uniform Code of Military Justice), as transferred
and redesignated by section 5401(9) of this Act, is amended--
(1) by striking ``0.10 grams'' both places it appears and
inserting ``0.08 grams''; and
(2) by adding at the end the following new sentence: ``The
Secretary may by regulation prescribe limits that are lower than
the limits specified in the preceding sentence, if such lower
limits are based on scientific developments, as reflected in
Federal law of general applicability.''.
SEC. 5426. ENDANGERMENT OFFENSES.
Section 914 of title 10, United States Code (article 114 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 914. Art. 114. Endangerment offenses
``(a) Reckless Endangerment.--Any person subject to this chapter who
engages in conduct that--
``(1) is wrongful and reckless or is wanton; and
``(2) is likely to produce death or grievous bodily harm to
another person;
shall be punished as a court-martial may direct.
``(b) Dueling.--Any person subject to this chapter--
``(1) who fights or promotes, or is concerned in or connives
at fighting, a duel; or
``(2) who, having knowledge of a challenge sent or about to
be sent, fails to report the facts promptly to the proper
authority;
shall be punished as a court-martial may direct.
``(c) Firearm Discharge, Endangering Human Life.--Any person subject
to this chapter who, willfully and wrongly, discharges a firearm, under
circumstances such as to endanger human life shall be punished as a
court-martial may direct.
``(d) Carrying Concealed Weapon.--Any person subject to this chapter
who unlawfully carries a dangerous weapon concealed on or about his
person shall be punished as a court-martial may direct.''.
SEC. 5427. COMMUNICATING THREATS.
Section 915 of title 10, United States Code (article 115 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 915. Art. 115. Communicating threats
``(a) Communicating Threats Generally.--Any person subject to this
chapter who wrongfully communicates a threat to injure
[[Page 130 STAT. 2949]]
the person, property, or reputation of another shall be punished as a
court-martial may direct.
``(b) Communicating Threat to Use Explosive, etc.--Any person
subject to this chapter who wrongfully communicates a threat to injure
the person or property of another by use of (1) an explosive, (2) a
weapon of mass destruction, (3) a biological or chemical agent,
substance, or weapon, or (4) a hazardous material, shall be punished as
a court-martial may direct.
``(c) Communicating False Threat Concerning Use of Explosive, etc.--
Any person subject to this chapter who maliciously communicates a false
threat concerning injury to the person or property of another by use of
(1) an explosive, (2) a weapon of mass destruction, (3) a biological or
chemical agent, substance, or weapon, or (4) a hazardous material, shall
be punished as a court-martial may direct. As used in the preceding
sentence, the term `false threat' means a threat that, at the time the
threat is communicated, is known to be false by the person communicating
the threat.''.
SEC. 5428. TECHNICAL AMENDMENT RELATING TO MURDER.
Section 918(4) of title 10, United States Code (article 118(4) of
the Uniform Code of Military Justice), is amended by striking ``forcible
sodomy,''.
SEC. 5429. CHILD ENDANGERMENT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 919a (article 119a of the Uniform
Code of Military Justice), the following new section (article):
``Sec. 919b. <<NOTE: 10 USC 919b.>> Art. 119b. Child endangerment
``Any person subject to this chapter--
``(1) who has a duty for the care of a child under the age
of 16 years; and
``(2) who, through design or culpable negligence, endangers
the child's mental or physical health, safety, or welfare;
shall be punished as a court-martial may direct.''.
SEC. 5430. RAPE AND SEXUAL ASSAULT OFFENSES.
(a) Offense of Sexual Assault.--Subsection (b) of section 920 of
title 10, United States Code (article 120 of the Uniform Code of
Military Justice), is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(2) in paragraph (2)--
(A) by striking ``another person when'' and
inserting ``another person--
``(B) when''; and
(B) by inserting before subparagraph (B), as added
by subparagraph (A) of this paragraph, the following new
subparagraph:
``(A) without the consent of the other person; or''.
(b) Definitions.--
(1) Sexual act.--Paragraph (1) of subsection (g) of such
section (article) is amended to read as follows:
``(1) Sexual act.--The term `sexual act' means--
[[Page 130 STAT. 2950]]
``(A) the penetration, however slight, of the penis
into the vulva or anus or mouth;
``(B) contact between the mouth and the penis,
vulva, scrotum, or anus; or
``(C) the penetration, however slight, of the vulva
or penis or anus of another by any part of the body or
any object, with an intent to abuse, humiliate, harass,
or degrade any person or to arouse or gratify the sexual
desire of any person.''.
(2) Sexual contact.--Paragraph (2) of such subsection is
amended to read as follows:
``(2) Sexual contact.--The term `sexual contact' means
touching, or causing another person to touch, either directly or
through the clothing, the vulva, penis, scrotum, anus, groin,
brest, inner thigh, or buttocks of any person, with an intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person. Touching may be
accomplished by any part of the body or an object.''.
(3) Repeal of definition of bodily harm.--Such subsection is
further amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(4) Consent.--Paragraph (7) of such subsection, as
redesignated by paragraph (3)(B) of this subsection, is further
amended--
(A) in subparagraph (A)--
(i) in the second sentence, by striking ``or
submission resulting from the use of force, threat
of force, or placing another in fear'';
(ii) by inserting after the second sentence,
as amended by clause (i) of this subparagraph the
following new sentence: ``Submission resulting
from the use of force, threat of force, or placing
another person in fear also does not constitute
consent.''; and
(iii) in the last sentence, by striking
``shall not'' and inserting ``does not'';
(B) in subparagraph (B), by striking ``subparagraph
(B) or (D)'' and inserting ``subparagraph (B) or (C)'';
and
(C) in subparagraph (C)--
(i) by striking the first sentence; and
(ii) in the last sentence, by striking ``, or
whether'' and all that follows and inserting a
period.
(5) Incapable of consenting.--Such subsection is further
amended by adding at the end the following new paragraph (8):
``(8) Incapable of consenting.--The term `incapable of
consenting' means the person is--
``(A) incapable of appraising the nature of the
conduct at issue; or
``(B) physically incapable of declining
participation in, or communicating unwillingess to
engage in, the sexual act at issue.''.
(c) Rape and Sexual Assault of a Child.--Subsection (h)(1) of
section 920b of title 10, United States Code (article 120b of the
Uniform Code of Military Justice), is amended by inserting before the
period at the end the following: ``, except that the term
[[Page 130 STAT. 2951]]
`sexual act' also includes the intentional touching, not through the
clothing, of the genitalia of another person who has not attained the
age of 16 years with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person''.
SEC. 5431. DEPOSIT OF OBSCENE MATTER IN THE MAIL.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 920 (article 120 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 920a. <<NOTE: 10 USC 920a.>> Art. 120a. Mails: deposit of
obscene matter
``Any person subject to this chapter who, wrongfully and knowingly,
deposits obscene matter for mailing and delivery shall be punished as a
court-martial may direct.''.
SEC. 5432. FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND OTHER
ACCESS DEVICES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 921 (article 121 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 921a. <<NOTE: 10 USC 921a.>> Art. 121a. Fraudulent use of
credit cards, debit cards, and other access
devices
``(a) In General.--Any person subject to this chapter who, knowingly
and with intent to defraud, uses--
``(1) a stolen credit card, debit card, or other access
device;
``(2) a revoked, cancelled, or otherwise invalid credit
card, debit card, or other access device; or
``(3) a credit card, debit card, or other access device
without the authorization of a person whose authorization is
required for such use;
to obtain money, property, services, or anything else of value shall be
punished as a court-martial may direct.
``(b) Access Device Defined.--In this section (article), the term
`access device' has the meaning given that term in section 1029 of title
18.''.
SEC. 5433. FALSE PRETENSES TO OBTAIN SERVICES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 921a (article 121a of the Uniform
Code of Military Justice), as added by section 5432 of this Act, the
following new section (article):
``Sec. 921b. <<NOTE: 10 USC 921b.>> Art. 121b. False pretenses to
obtain services
``Any person subject to this chapter who, with intent to defraud,
knowingly uses false pretenses to obtain services shall be punished as a
court-martial may direct.''.
SEC. 5434. ROBBERY.
Section 922 of title 10, United States Code (article 122 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 922. Art. 122. Robbery
``Any person subject to this chapter who takes anything of value
from the person or in the presence of another, against his will, by
means of force or violence or fear of immediate or future injury to his
person or property or to the person or property of a relative or member
of his family or of anyone in his company
[[Page 130 STAT. 2952]]
at the time of the robbery, is guilty of robbery and shall be punished
as a court-martial may direct.''.
SEC. 5435. RECEIVING STOLEN PROPERTY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 922 (article 122 of the Uniform Code
of Military Justice), as amended by section 5434 of this Act, the
following new section (article):
``Sec. 922a. <<NOTE: 10 USC 922a.>> Art. 122a. Receiving stolen
property
``Any person subject to this chapter who wrongfully receives, buys,
or conceals stolen property, knowing the property to be stolen property,
shall be punished as a court-martial may direct.''.
SEC. 5436. OFFENSES CONCERNING GOVERNMENT COMPUTERS.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 922a (article 122a of the Uniform
Code of Military Justice), as added by section 5435 of this Act, the
following new section (article):
``Sec. 923. <<NOTE: 10 USC 923.>> Art. 123. Offenses concerning
Government computers
``(a) In General.--Any person subject to this chapter who--
``(1) knowingly accesses a Government computer, with an
unauthorized purpose, and by doing so obtains classified
information, with reason to believe such information could be
used to the injury of the United States, or to the advantage of
any foreign nation, and intentionally communicates, delivers,
transmits, or causes to be communicated, delivered, or
transmitted such information to any person not entitled to
receive it;
``(2) intentionally accesses a Government computer, with an
unauthorized purpose, and thereby obtains classified or other
protected information from any Government computer; or
``(3) knowingly causes the transmission of a program,
information, code, or command, and as a result of such conduct,
intentionally causes damage without authorization to a
Government computer;
shall be punished as a court-martial may direct.
``(b) Definitions.--In this section:
``(1) The term `computer' has the meaning given that term in
section 1030 of title 18.
``(2) The term `Government computer' means a computer owned
or operated by or on behalf of the United States Government.
``(3) The term `damage' has the meaning given that term in
section 1030 of title 18.''.
SEC. 5437. BRIBERY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 924 (article 124 of the Uniform Code
of Military Justice), as transferred and redesignated by section
5401(14) of this Act, the following new section (article):
``Sec. 924a. <<NOTE: 10 USC 924a.>> Art. 124a. Bribery
``(a) Asking, Accepting, or Receiving Thing of Value.--Any person
subject to this chapter--
[[Page 130 STAT. 2953]]
``(1) who occupies an official position or who has official
duties; and
``(2) who wrongfully asks, accepts, or receives a thing of
value with the intent to have the person's decision or action
influenced with respect to an official matter in which the
United States is interested;
shall be punished as a court-martial may direct.
``(b) Promising, Offering, or Giving Thing of Value.--Any person
subject to this chapter who wrongfully promises, offers, or gives a
thing of value to another person, who occupies an official position or
who has official duties, with the intent to influence the decision or
action of the other person with respect to an official matter in which
the United States is interested, shall be punished as a court-martial
may direct.''.
SEC. 5438. GRAFT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 924a (article 124a of the Uniform
Code of Military Justice), as added by section 5437 of this Act, the
following new section (article):
``Sec. 924b. <<NOTE: 10 USC 924b.>> Art. 124b. Graft
``(a) Asking, Accepting, or Receiving Thing of Value.--Any person
subject to this chapter--
``(1) who occupies an official position or who has official
duties; and
``(2) who wrongfully asks, accepts, or receives a thing of
value as compensation for or in recognition of services rendered
or to be rendered by the person with respect to an official
matter in which the United States is interested;
shall be punished as a court-martial may direct.
``(b) Promising, Offering, or Giving Thing of Value.--Any person
subject to this chapter who wrongfully promises, offers, or gives a
thing of value to another person, who occupies an official position or
who has official duties, as compensation for or in recognition of
services rendered or to be rendered by the other person with respect to
an official matter in which the United States is interested, shall be
punished as a court-martial may direct.''.
SEC. 5439. KIDNAPPING.
Section 925 of title 10, United States Code (article 125 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 925. Art. 125. Kidnapping
``Any person subject to this chapter who wrongfully--
``(1) seizes, confines, inveigles, decoys, or carries away
another person; and
``(2) holds the other person against that person's will;
shall be punished as a court-martial may direct.''.
SEC. 5440. ARSON; BURNING PROPERTY WITH INTENT TO DEFRAUD.
Section 926 of title 10, United States Code (article 126 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 926. Art. 126. Arson; burning property with intent to
defraud
``(a) Aggravated Arson.--Any person subject to this chapter who,
willfully and maliciously, burns or sets on fire an inhabited
[[Page 130 STAT. 2954]]
dwelling, or any other structure, movable or immovable, wherein, to the
knowledge of that person, there is at the time a human being, is guilty
of aggravated arson and shall be punished as a court-martial may direct.
``(b) Simple Arson.--Any person subject to this chapter who,
willfully and maliciously, burns or sets fire to the property of another
is guilty of simple arson and shall be punished as a court-martial may
direct.
``(c) Burning Property With Intent to Defraud.--Any person subject
to this chapter who, willfully, maliciously, and with intent to defraud,
burns or sets fire to any property shall be punished as a court-martial
may direct.''.
SEC. 5441. ASSAULT.
Section 928 of title 10, United States Code (article 128 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 928. Art. 128. Assault
``(a) Assault.--Any person subject to this chapter who, unlawfully
and with force or violence--
``(1) attempts to do bodily harm to another person;
``(2) offers to do bodily harm to another person; or
``(3) does bodily harm to another person;
is guilty of assault and shall be punished as a court-martial may
direct.
``(b) Aggravated Assault.--Any person subject to this chapter--
``(1) who, with the intent to do bodily harm, offers to do
bodily harm with a dangerous weapon; or
``(2) who, in committing an assault, inflicts substantial
bodily harm, or grievous bodily harm on another person;
is guilty of aggravated assault and shall be punished as a court-martial
may direct.
``(c) Assault With Intent to Commit Specified Offenses.--
``(1) In general.--Any person subject to this chapter who
commits assault with intent to commit an offense specified in
paragraph (2) shall be punished as a court-martial may direct.
``(2) Offenses specified.--The offenses referred to in
paragraph (1) are murder, voluntary manslaughter, rape, sexual
assault, rape of a child, sexual assault of a child, robbery,
arson, burglary, and kidnapping.''.
SEC. 5442. BURGLARY AND UNLAWFUL ENTRY.
Section 929 of title 10, United States Code (article 129 of the
Uniform Code of Military Justice), and section 929a of such title
(article 129a), as redesignated by section 5401(10) of this Act, are
amended to read as follows:
``Sec. 929. Art. 129. Burglary; unlawful entry
``(a) Burglary.--Any person subject to this chapter who, with intent
to commit an offense under this chapter, breaks and enters the building
or structure of another shall be punished as a court-martial may direct.
``(b) Unlawful Entry.--Any person subject to this chapter who
unlawfully enters--
``(1) the real property of another; or
[[Page 130 STAT. 2955]]
``(2) the personal property of another which amounts to a
structure usually used for habitation or storage;
shall be punished as a court-martial may direct.''.
SEC. 5443. STALKING.
Section 930 of title 10, United States Code (article 130 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 5401(11) of this Act, is amended to read as follows:
``Sec. 930. Art. 130. Stalking
``(a) In General.--Any person subject to this chapter--
``(1) who wrongfully engages in a course of conduct directed
at a specific person that would cause a reasonable person to
fear death or bodily harm, including sexual assault, to himself
or herself, to a member of his or her immediate family, or to
his or her intimate partner;
``(2) who has knowledge, or should have knowledge, that the
specific person will be placed in reasonable fear of death or
bodily harm, including sexual assault, to himself or herself, to
a member of his or her immediate family, or to his or her
intimate partner; and
``(3) whose conduct induces reasonable fear in the specific
person of death or bodily harm, including sexual assault, to
himself or herself, to a member of his or her immediate family,
or to his or her intimate partner;
is guilty of stalking and shall be punished as a court-martial may
direct.
``(b) Definitions.--In this section:
``(1) The term `conduct' means conduct of any kind,
including use of surveillance, the mails, an interactive
computer service, an electronic communication service, or an
electronic communication system.
``(2) The term `course of conduct' means--
``(A) a repeated maintenance of visual or physical
proximity to a specific person;
``(B) a repeated conveyance of verbal threat,
written threats, or threats implied by conduct, or a
combination of such threats, directed at or toward a
specific person; or
``(C) a pattern of conduct composed of repeated acts
evidencing a continuity of purpose.
``(3) The term `repeated', with respect to conduct, means
two or more occasions of such conduct.
``(4) The term `immediate family', in the case of a specific
person, means--
``(A) that person's spouse, parent, brother or
sister, child, or other person to whom he or she stands
in loco parentis; or
``(B) any other person living in his or her
household and related to him or her by blood or
marriage.
``(5) The term `intimate partner', in the case of a specific
person, means--
``(A) a former spouse of the specific person, a
person who shares a child in common with the specific
person, or a person who cohabits with or has cohabited
as a spouse with the specific person; or
[[Page 130 STAT. 2956]]
``(B) a person who has been in a social relationship
of a romantic or intimate nature with the specific
person, as determined by the length of the relationship,
the type of relationship, and the frequency of
interaction between the persons involved in the
relationship.''.
SEC. 5444. SUBORNATION OF PERJURY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931 (article 131 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 931a. Art. 131a. Subornation of perjury
``(a) In General.--Any person subject to this chapter who induces
and procures another person--
``(1) to take an oath; and
``(2) to falsely testify, depose, or state upon such oath;
shall, if the conditions specified in subsection (b) are satisfied, be
punished as a court-martial may direct.
``(b) Conditions.--The conditions referred to in subsection (a) are
the following:
``(1) The oath is administered with respect to a matter for
which such oath is required or authorized by law.
``(2) The oath is administered by a person having authority
to do so.
``(3) Upon the oath, the other person willfully makes or
subscribes a statement.
``(4) The statement is material.
``(5) The statement is false.
``(6) When the statement is made or subscribed, the person
subject to this chapter and the other person do not believe that
the statement is true.''.
SEC. 5445. OBSTRUCTING JUSTICE.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931a (article 131a of the Uniform
Code of Military Justice), as added by section 5444 of this Act, the
following new section (article):
``Sec. 931b. <<NOTE: 10 USC 931b.>> Art. 131b. Obstructing
justice
``Any person subject to this chapter who engages in conduct in the
case of a certain person against whom the accused had reason to believe
there were or would be criminal or disciplinary proceedings pending,
with intent to influence, impede, or otherwise obstruct the due
administration of justice shall be punished as a court-martial may
direct.''.
SEC. 5446. MISPRISION OF SERIOUS OFFENSE.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931b (article 131b of the Uniform
Code of Military Justice), as added by section 5445 of this Act, the
following new section (article):
``Sec. 931c. <<NOTE: 10 USC 931c.>> Art. 131c. Misprision of
serious offense
``Any person subject to this chapter--
``(1) who knows that another person has committed a serious
offense; and
[[Page 130 STAT. 2957]]
``(2) wrongfully conceals the commission of the offense and
fails to make the commission of the offense known to civilian or
military authorities as soon as possible;
shall be punished as a court-martial may direct.''.
SEC. 5447. WRONGFUL REFUSAL TO TESTIFY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931c (article 131c of the Uniform
Code of Military Justice), as added by section 5446 of this Act, the
following new section (article):
``Sec. 931d. <<NOTE: 10 USC 931d.>> Art. 131d. Wrongful refusal
to testify
``Any person subject to this chapter who, in the presence of a
court-martial, a board of officers, a military commission, a court of
inquiry, a preliminary hearing, or an officer taking a deposition, of or
for the United States, wrongfully refuses to qualify as a witness or to
answer a question after having been directed to do so by the person
presiding shall be punished as a court-martial may direct.''.
SEC. 5448. PREVENTION OF AUTHORIZED SEIZURE OF PROPERTY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931d (article 131d of the Uniform
Code of Military Justice), as added by section 5447 of this Act, the
following new section (article):
``Sec. 931e. <<NOTE: 10 USC 931e.>> Art. 131e. Prevention of
authorized seizure of property
``Any person subject to this chapter who, knowing that one or more
persons authorized to make searches and seizures are seizing, are about
to seize, or are endeavoring to seize property, destroys, removes, or
otherwise disposes of the property with intent to prevent the seizure
thereof shall be punished as a court-martial may direct.''.
SEC. 5449. WRONGFUL INTERFERENCE WITH ADVERSE ADMINISTRATIVE
PROCEEDING.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931f (article 131f of the Uniform
Code of Military Justice), as transferred and redesignated by section
5401(3) of this Act, the following new section (article):
``Sec. 931g. <<NOTE: 10 USC 931g.>> Art. 131g. Wrongful
interference with adverse administrative
proceeding
``Any person subject to this chapter who, having reason to believe
that an adverse administrative proceeding is pending against any person
subject to this chapter, wrongfully acts with the intent--
``(1) to influence, impede, or obstruct the conduct of the
proceeding; or
``(2) otherwise to obstruct the due administration of
justice;
shall be punished as a court-martial may direct.''.
SEC. 5450. RETALIATION.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931g (article 131g of the Uniform
Code of Military Justice), as added by section 5449 of this Act, the
following new section (article):
[[Page 130 STAT. 2958]]
``Sec. 932. <<NOTE: 10 USC 932.>> Art. 132. Retaliation
``(a) In General.--Any person subject to this chapter who, with the
intent to retaliate against any person for reporting or planning to
report a criminal offense, or making or planning to make a protected
communication, or with the intent to discourage any person from
reporting a criminal offense or making or planning to make a protected
communication--
``(1) wrongfully takes or threatens to take an adverse
personnel action against any person; or
``(2) wrongfully withholds or threatens to withhold a
favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.
``(b) Definitions.--In this section:
``(1) The term `protected communication' means the
following:
``(A) A lawful communication to a Member of Congress
or an Inspector General.
``(B) A communication to a covered individual or
organization in which a member of the armed forces
complains of, or discloses information that the member
reasonably believes constitutes evidence of, any of the
following:
``(i) A violation of law or regulation,
including a law or regulation prohibiting sexual
harassment or unlawful discrimination.
``(ii) Gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and
specific danger to public health or safety.
``(2) The term `Inspector General' has the meaning given
that term in section 1034(h) of this title.
``(3) The term `covered individual or organization' means
any recipient of a communication specified in clauses (i)
through (v) of section 1034(b)(1)(B) of this title.
``(4) The term `unlawful discrimination' means
discrimination on the basis of race, color, religion, sex, or
national origin.''.
SEC. 5451. EXTRATERRITORIAL APPLICATION OF CERTAIN OFFENSES.
Section 934 of title 10, United States Code (article 134 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new sentence: ``As used in the preceding sentence, the term
`crimes and offenses not capital' includes any conduct engaged in
outside the United States, as defined in section 5 of title 18, that
would constitute a crime or offense not capital if the conduct had been
engaged in within the special maritime and territorial jurisdiction of
the United States, as defined in section 7 of title 18.''.
SEC. 5452. TABLE OF SECTIONS.
The table of sections at the beginning of subchapter X of chapter 47
of title 10, United States Code (the Uniform Code of Military Justice),
is amended to read as follows:
``subchapter x--punitive articles
``Sec. Art.
``877. Art. 77. Principals.
``878. Art. 78. Accessory after the fact.
``879. Art. 79. Conviction of offense charged, lesser included offenses,
and attempts.
``880. Art. 80. Attempts.
``881. Art. 81. Conspiracy.
``882. Art. 82. Soliciting commission of offenses.
[[Page 130 STAT. 2959]]
``883. Art. 83. Malingering.
``884. Art. 84. Breach of medical quarantine.
``885. Art. 85. Desertion.
``886. Art. 86. Absence without leave.
``887. Art. 87. Missing movement; jumping from vessel.
``887a. Art. 87a. Resistence, flight, breach of arrest, and escape.
``887b. Art. 87b. Offenses against correctional custody and restriction.
``888. Art. 88. Contempt toward officials.
``889. Art. 89. Disrespect toward superior commissioned officer; assault
of superior commissioned officer.
``890. Art. 90. Willfully disobeying superior commissioned officer.
``891. Art. 91. Insubordinate conduct toward warrant officer,
noncommissioned officer, or petty officer.
``892. Art. 92. Failure to obey order or regulation.
``893. Art. 93. Cruelty and maltreatment.
``893a. Art. 93a. Prohibited activities with military recruit or trainee
by person in position of special trust.
``894. Art. 94. Mutiny or sedition.
``895. Art. 95. Offenses by sentinel or lookout.
``895a. Art. 95a. Disrespect toward sentinel or lookout.
``896. Art. 96. Release of prisoner without authority; drinking with
prisoner.
``897. Art. 97. Unlawful detention.
``898. Art. 98. Misconduct as prisoner.
``899. Art. 99. Misbehavior before the enemy.
``900. Art. 100. Subordinate compelling surrender.
``901. Art. 101. Improper use of countersign.
``902. Art. 102. Forcing a safeguard.
``903. Art. 103. Spies.
``903a. Art. 103a. Espionage.
``903b. Art. 103b. Aiding the enemy.
``904. Art. 104. Public records offenses.
``904a. Art. 104a. Fraudulent enlistment, appointment, or separation.
``904b. Art. 104b. Unlawful enlistment, appointment, or separation.
``905. Art. 105. Forgery.
``905a. Art. 105a. False or unauthorized pass offenses.
``906. Art. 106. Impersonation of officer, noncommissioned or petty
officer, or agent or official.
``906a. Art. 106a. Wearing unauthorized insignia, decoration, badge,
ribbon, device, or lapel button.
``907. Art. 107. False official statements; false swearing.
``907a. Art. 107a. Parole violation.
``908. Art. 108. Military property of the United States--Loss damage,
destruction, or wrongful disposition.
``908a. Art. 108a. Captured or abandoned property.
``909. Art. 109. Property other than military property of the United
States--Waste, spoilage, or destruction.
``909a. Art. 109a. Mail matter: wrongful taking, opening, etc..
``910. Art. 110. Improper hazarding of vessel or aircraft.
``911. Art. 111. Leaving scene of vehicle accident.
``912. Art. 112. Drunkenness and other incapacitation offenses.
``912a. Art. 112a. Wrongful use, possession, etc., of controlled
substances.
``913. Art. 113. Drunken or reckless operation of a vehicle, aircraft,
or vessel.
``914. Art. 114. Endangerment offenses.
``915. Art. 115. Communicating threats.
``916. Art. 116. Riot or breach of peace.
``917. Art. 117. Provoking speeches or gestures.
``918. Art. 118. Murder.
``919. Art. 119. Manslaughter.
``919a. Art. 119a. Death or injury of an unborn child.
``919b. Art. 119b. Child endangerment.
``920. Art. 120. Rape and sexual assault generally.
``920a. Art. 120a. Mails: deposit of obscene matter.
``920b. Art. 120b. Rape and sexual assault of a child.
``920c. Art. 120c. Other sexual misconduct.
``921. Art. 121. Larceny and wrongful appropriation.
``921a. Art. 121a. Fraudulent use of credit cards, debit cards, and
other access devices.
``921b. Art. 121b. False pretenses to obtain services.
``922. Art. 122. Robbery.
``922a. Art. 122a. Receiving stolen property.
``923. Art. 123. Offenses concerning Government computers.
``923a. Art. 123a. Making, drawing, or uttering check, draft, or order
without sufficient funds.
[[Page 130 STAT. 2960]]
``924. Art. 124. Frauds against the United States.
``924a. Art. 124a. Bribery.
``924b. Art. 124b. Graft.
``925. Art. 125. Kidnapping.
``926. Art. 126. Arson; burning property with intent to defraud.
``927. Art. 127. Extortion.
``928. Art. 128. Assault.
``928a. Art 128a. Maiming.
``929. Art. 129. Burglary; unlawful entry.
``930. Art. 130. Stalking.
``931. Art. 131. Perjury.
``931a. Art. 131a. Subornation of perjury.
``931b. Art. 131b. Obstructing justice.
``931c. Art. 131c. Misprision of serious offense.
``931d. Art. 131d. Wrongful refusal to testify.
``931e. Art. 131e. Prevention of authorized seizure of property.
``931f. Art. 131f. Noncompliance with procedural rules.
``931g. Art. 131g. Wrongful interference with adverse administrative
proceeding.
``932. Art. 132. Retaliation.
``933. Art. 133. Conduct unbecoming an officer and a gentleman.
``934. Art. 134. General article.''.
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.
SEC. 5501. TECHNICAL AMENDMENTS RELATING TO COURTS OF INQUIRY.
Section 935(c) of title 10, United States Code (article 135(c) of
the Uniform Code of Military Justice), is amended--
(1) by striking ``(c) Any person'' and inserting ``(c)(1)
Any person'';
(2) by designating the second and third sentences as
paragraphs (2) and (3), respectively; and
(3) in paragraph (2), as so designated, by striking
``subject to this chapter or employed by the Department of
Defense'' and inserting ``who is (A) subject to this chapter,
(B) employed by the Department of Defense, or (C) with respect
to the Coast Guard, employed by the department in which the
Coast Guard is operating when it is not operating as a service
in the Navy, and''.
SEC. 5502. TECHNICAL AMENDMENT TO ARTICLE 136.
Section 936 of title 10, United States Code (article 136 of the
Uniform Code of Military Justice), is amended by striking the last five
words in the section heading.
SEC. 5503. ARTICLES OF UNIFORM CODE OF MILITARY JUSTICE TO BE
EXPLAINED TO OFFICERS UPON
COMMISSIONING.
Section 937 of title 10, United States Code (article 137 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a), by striking ``(a)(1) The sections of
this title (articles of the Uniform Code of Military Justice)''
and inserting `` (a) Enlisted Members.--(1) The sections
(articles) of this chapter (the Uniform Code of Military
Justice)'';
(2) by striking subsection (b); and
(3) by adding after subsection (a) the following new
subsections:
[[Page 130 STAT. 2961]]
``(b) Officers.--(1) The sections (articles) of this chapter (the
Uniform Code of Military Justice) specified in paragraph (2) shall be
carefully explained to each officer at the time of (or within six months
after)--
``(A) the initial entrance of the officer on active duty as
an officer; or
``(B) the initial commissioning of the officer in a reserve
component.
``(2) This subsection applies with respect to the sections
(articles) specified in subsection (a)(3) and such other sections
(articles) as the Secretary concerned may prescribe by regulation.
``(c) Training for Certain Officers.--Under regulations prescribed
by the Secretary concerned, officers with the authority to convene
courts-martial or to impose non-judicial punishment shall receive
periodic training regarding the purposes and administration of this
chapter. Under regulations prescribed by the Secretary of Defense,
officers assigned to duty in a joint command or a combatant command, who
have such authority, shall receive additional specialized training
regarding the purposes and administration of this chapter with respect
to joint commands and the combatant commands.
``(d) Availability and Maintenance of Text.--The text of this
chapter (the Uniform Code of Military Justice) and the text of the
regulations prescribed by the President under this chapter shall be--
``(1) made available to a member on active duty or to a
member of a reserve component, upon request by the member, for
the member's personal examination; and
``(2) maintained by the Secretary of Defense in electronic
formats that are updated periodically and made available on the
Internet.''.
SEC. 5504. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION AND
ACCESSIBILITY.
(a) In General.--Subchapter XI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by adding
at the end the following new section (article):
``Sec. 940a. <<NOTE: 10 USC 940a.>> Art. 140a. Case management;
data collection and accessibility
``The Secretary of Defense shall prescribe uniform standards and
criteria for conduct of each of the following functions at all stages of
the military justice system, including pretrial, trial, post-trial, and
appellate processes, using, insofar as practicable, the best practices
of Federal and State courts:
``(1) Collection and analysis of data concerning substantive
offenses and procedural matters in a manner that facilitates
case management and decision making within the military justice
system, and that enhances the quality of periodic reviews under
section 946 of this title (article 146).
``(2) Case processing and management.
``(3) Timely, efficient, and accurate production and
distribution of records of trial within the military justice
system.
``(4) Facilitation of access to docket information, filings,
and records, taking into consideration restrictions appropriate
to judicial proceedings and military records.''.
(b) <<NOTE: 10 USC 940a note.>> Effective Dates.--
[[Page 130 STAT. 2962]]
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Defense shall carry
out section 940a of title 10, United States Code (article 140a
of the Uniform Code of Military Justice), as added by subsection
(a).
(2) Standards and criteria.--Not later than 4 years after
the date of the enactment of this Act, the standards and
criteria under section 940a of title 10, United States Code
(article 140a of the Uniform Code of Military Justice), as added
by subsection (a), shall take effect.
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
Sec. 5521. Military Justice Review Panel.
Sec. 5522. Annual reports.
SEC. 5521. MILITARY JUSTICE REVIEW PANEL.
Section 946 of title 10, United States Code (article 146 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 946. Art. 146. Military Justice Review Panel
``(a) Establishment.--The Secretary of Defense shall establish a
panel to conduct independent periodic reviews and assessments of the
operation of this chapter. The panel shall be known as the `Military
Justice Review Panel' (in this section referred to as the `Panel').
``(b) Members.--
``(1) Number of members.--The Panel shall be composed of
thirteen members.
``(2) Appointment of certain members.--Each of the following
shall appoint one member of the Panel:
``(A) The Secretary of Defense (in consultation with
the Secretary of the department in which the Coast Guard
is operating when it is not operating as a service in
the Navy).
``(B) The Attorney General.
``(C) The Judge Advocates General of the Army, Navy,
Air Force, and Coast Guard, and the Staff Judge Advocate
to the Commandant of the Marine Corps.
``(3) Appointment of remaining members by secretary of
defense.--The Secretary of Defense shall appoint the remaining
members of the Panel, taking into consideration recommendations
made by each of the following:
``(A) The chairman and ranking minority member of
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives.
``(B) The Chief Justice of the United States.
``(C) The Chief Judge of the United States Court of
Appeals for the Armed Forces.
``(c) Qualifications of Members.--The members of the Panel shall be
appointed from among private United States citizens with expertise in
criminal law, as well as appropriate and diverse experience in
investigation, prosecution, defense, victim representation, or
adjudication with respect to courts-martial, Federal civilian courts, or
State courts.
[[Page 130 STAT. 2963]]
``(d) Chair.--The Secretary of Defense shall select the chair of the
Panel from among the members.
``(e) Term; Vacancies.--Each member shall be appointed for a term of
eight years, and no member may serve more than one term. Any vacancy
shall be filled in the same manner as the original appointment.
``(f) Reviews and Reports.--
``(1) Initial review of recent amendments to ucmj.--During
fiscal year 2020, the Panel shall conduct an initial review and
assessment of the implementation of the amendments made to this
chapter during the preceding five years. In conducting the
initial review and assessment, the Panel may review such other
aspects of the operation of this chapter as the Panel considers
appropriate.
``(2) Sentencing data collection and report.--During fiscal
year 2020, the Panel shall gather and analyze sentencing data
collected from each of the armed forces from general and special
courts-martial applying offense-based sentencing under section
856 of this title (article 56). The sentencing data shall
include the number of accused who request member sentencing and
the number who request sentencing by military judge alone, the
offenses which the accused were convicted of, and the resulting
sentence for each offense in each case. The Judge Advocates
General and the Staff Judge Advocate to the Commandant of the
Marine Corps shall provide the sentencing data in the format and
for the duration established by the chair of the Panel. Not
later than October 31, 2020, the Panel shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives through the Secretary of Defense a report
setting forth the Panel's findings and recommendations on the
need for sentencing reform.
``(3) Periodic comprehensive reviews.--During fiscal year
2024 and every eight years thereafter, the Panel shall conduct a
comprehensive review and assessment of the operation of this
chapter.
``(4) Periodic interim reviews.--During fiscal year 2028 and
every eight years thereafter, the Panel shall conduct an interim
review and assessment of such other aspects of the operation of
this chapter as the Panel considers appropriate. In addition, at
the request of the Secretary of Defense, the Panel may, at any
time, review and assess other specific matters relating to the
operation of this chapter.
``(5) Reports.--Not later than December 31 of each year
during which the Panel conducts a review and assessment under
this subsection, the Panel shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report setting forth the results of such review and assessment,
including the Panel's findings and recommendations.
``(g) Hearings.--The Panel may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence as
the Panel considers appropriate to carry out its duties under this
section.
``(h) Information From Federal Agencies.--Upon request of the chair
of the Panel, a department or agency of the Federal Government shall
provide information that the Panel considers necessary to carry out its
duties under this section.
[[Page 130 STAT. 2964]]
``(i) Administrative Matters.--
``(1) Members to serve without pay.--Members of the Panel
shall serve without pay, but shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of
title 5, while away from their homes or regular places of
business in the performance of services for the Panel.
``(2) Staffing and resources.--The Secretary of Defense
shall provide staffing and resources to support the Panel.
``(j) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Panel.''.
SEC. 5522. ANNUAL REPORTS.
Subchapter XII of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), is amended by adding at the end the
following new section (article):
``Sec. 946a. <<NOTE: 10 USC 946a.>> Art. 146a. Annual reports
``(a) Court of Appeals for the Armed Forces.--Not later than
December 31 each year, the Court of Appeals for the Armed Forces shall
submit a report that, with respect to the previous fiscal year, provides
information on the number and status of completed and pending cases
before the Court, and such other matters as the Court considers
appropriate regarding the operation of this chapter.
``(b) Service Reports.--Not later than December 31 each year, the
Judge Advocates General and the Staff Judge Advocate to the Commandant
of the Marine Corps shall each submit a report, with respect to the
preceding fiscal year, containing the following:
``(1) Data on the number and status of pending cases.
``(2) Information on the appellate review process,
including--
``(A) information on compliance with processing time
goals;
``(B) descriptions of the circumstances surrounding
cases in which general or special court-martial
convictions were (i) reversed because of command
influence or denial of the right to speedy review or
(ii) otherwise remitted because of loss of records of
trial or other administrative deficiencies; and
``(C) an analysis of each case in which a provision
of this chapter was held unconstitutional.
``(3)(A) An explanation of measures implemented by the armed
force concerned to ensure the ability of judge advocates--
``(i) to participate competently as trial counsel
and defense counsel in cases under this chapter;
``(ii) to preside as military judges in cases under
this chapter; and
``(iii) to perform the duties of Special Victims'
Counsel, when so designated under section 1044e of this
title.
``(B) The explanation under subparagraph (A) shall
specifically identify the measures that focus on capital cases,
national security cases, sexual assault cases, and proceedings
of military commissions.
``(4) The independent views of each Judge Advocate General
and of the Staff Judge Advocate to the Commandant of the Marine
Corps as to the sufficiency of resources available within
[[Page 130 STAT. 2965]]
the respective armed forces, including total workforce, funding,
training, and officer and enlisted grade structure, to capably
perform military justice functions.
``(5) Such other matters regarding the operation of this
chapter as may be appropriate.
``(c) Submission.--Each report under this section shall be
submitted--
``(1) to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives;
and
``(2) to the Secretary of Defense, the Secretaries of the
military departments, and the Secretary of the department in
which the Coast Guard is operating when it is not operating as a
service in the Navy.''.
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
Sec. 5541. Amendments to UCMJ subchapter tables of sections.
Sec. 5542. Effective dates.
SEC. 5541. AMENDMENTS TO UCMJ SUBCHAPTER TABLES OF SECTIONS.
The tables of sections for the specified subchapters of chapter 47
of title 10, United States Code <<NOTE: 10 USC prec. 807.>> (the Uniform
Code of Military Justice), are amended as follows:
(1) Subchapter ii; apprehension and restraint.--The table of
sections at the beginning of subchapter II is amended--
(A) by striking the item relating to section 810
(article 10) and inserting the following new item:
``810. Art. 10. Restraint of persons charged.''; and
(B) by striking the item relating to section 812
(article 12) and inserting the following new item:
``812. Art. 12. Prohibition of confinement of members of the armed
forces with enemy prisoners and certain others.''.
(2) Subchapter v; composition of courts-martial.--The table
of sections at the beginning of subchapter V <<NOTE: 10
USC prec. 822.>> is amended--
(A) by striking the item relating to section 825a
(article 25a) and inserting the following new item:
``825. Art. 25a. Number of court-martial members in capital cases.'';
(B) by inserting after the item relating to section
826 (article 26) the following new item:
``826a. Art. 26a. Military magistrates.''; and
(C) by striking the item relating to section 829
(article 29) and inserting the following new item:
``829. Art. 29. Assembly and impaneling of members; detail of new
members and military judges.''.
(3) Subchapter vi; pre-trial procedure.--The table of
sections at the beginning of subchapter VI <<NOTE: 10 USC prec.
830.>> is amended--
[[Page 130 STAT. 2966]]
(A) by inserting after the item relating to section
830 (article 30) the following new item:
``830. Art. 30a. Certain proceedings conducted before referral.''; and
(B) by striking the items relating to sections 832
through 835 (articles 32 through 35) and inserting the
following new items:
``832. Art. 32. Preliminary hearing required before referral to general
court-martial.
``833. Art. 33. Disposition guidance.
``834. Art. 34. Advice to convening authority before referral for trial.
``835. Art. 35. Service of charges; commencement of trial.''.
(4) Subchapter vii; trial procedure.--The table of sections
at the beginning of subchapter VII <<NOTE: 10 USC prec.
836.>> is amended--
(A) by striking the items relating to sections 846
through 848 (articles 46 through 48) and inserting the
following new items:
``846. Art. 46. Opportunity to obtain witnesses and other evidence in
trials by court-martial.
``847. Art. 47. Refusal of person not subject to chapter to appear,
testify, or produce evidence.
``848. Art. 48. Contempt.'';
(B) by striking the item relating to section 850
(article 50) and inserting the following new item:
``850. Art. 50. Admissibility of sworn testimony from records of courts
of inquiry.'';
(C) by striking the items relating to section 852
(article 52) and inserting the following new item:
``852. Art. 52. Votes required for conviction, sentencing, and other
matters.''; and
(D) by striking the item relating to section 853
(article 53) and inserting the following new items:
``853. Art. 53. Findings and sentencing.
``853a. Art. 53a. Plea agreements.''.
(5) Subchapter viii; sentences.--The table of sections at
the beginning of subchapter VIII <<NOTE: 10 USC prec. 855.>> is
amended--
(A) by striking the item relating to section 856
(article 56) and inserting the following new item:
``856. Art. 56. Sentencing.''; and
(B) by striking the items relating to sections 856a
and 857a (articles 56a and 57a).
(6) Subchapter ix; post-trial procedure.--The table of
sections at the beginning of subchapter IX <<NOTE: 10 USC prec.
859.>> is amended--
(A) by striking the items relating to sections 860
and 61 (articles 60 and 61) and inserting the following
new items:
``860. Art. 60. Post-trial processing in general and special courts-
martial.
``860a. Art. 60a. Limited authority to act on sentence in specified
post-trial circumstances.
``860b. Art. 60b. Post-trial actions in summary courts-martial and
certain general and special courts-martial.
``860c. Art. 60c. Entry of judgment.
``861. Art. 61. Waiver of right to appeal; withdrawal of appeal.'';
[[Page 130 STAT. 2967]]
(B) by striking the items relating to sections 864
through 866 (articles 64 through 66) and inserting the
following new items:
``864. Art. 64. Judge advocate review of finding of guilty in summary
court-martial.
``865. Art. 65. Transmittal and review of records.
``866. Art. 66. Courts of Criminal Appeals.'';
(C) by striking the item relating to section 869
(article 69) and inserting the following new item:
``869. Art. 69. Review by Judge Advocate General.''; and
(D) by striking the item relating to section 871
(article 71).
(7) Subchapter xi; miscellaneous provisions.--The table of
sections at the beginning of subchapter XI <<NOTE: 10 USC prec.
935.>> is amended--
(A) by striking the item relating to section 936
(article 136) and inserting the following new item:
``936. Art. 136. Authority to administer oaths.''; and
(B) by inserting after the item relating to section
940 (article 140) the following new item:
``940a. Art. 140a. Case management; data collection and
accessibility.''.
(8) Subchapter xii; united states court of appeals for the
armed forces.--The table of sections at the beginning of
subchapter XII <<NOTE: 10 USC prec. 941.>> is amended by
striking the item relating to section 946 (article 146) and
inserting the following new items:
``946. Art. 146. Military Justice Review Panel.
``946a. Art. 146a. Annual reports.''.
SEC. 5542. <<NOTE: 10 USC 801 note.>> EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this division, the
amendments made by this division shall take effect on the date
designated by the President, which date shall be not later than the
first day of the first calendar month that begins two years after the
date of the enactment of this Act.
(b) Implementing Regulations.--The President shall prescribe
regulations implementing this division and the amendments made by this
division by not later than one year after the date of the enactment of
this Act, except as otherwise provided in this division.
(c) Applicability.--
(1) In general.--Subject to the provisions of this division
and the amendments made by this division, the President shall
prescribe in regulations whether, and to what extent, the
amendments made by this division shall apply to a case in which
one or more actions under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), have been taken
before the effective date of such amendments.
(2) Inapplicability to cases in which charges already
referred to trial on effective date.--Except as otherwise
provided in this division or the amendments made by this
division, the amendments made by this division shall not apply
to any case in which charges are referred to trial by court-
martial before the effective date of such amendments.
Proceedings in any such case shall be held in the same manner
[[Page 130 STAT. 2968]]
and with the same effect as if such amendments had not been
enacted.
(3) Punitive article amendments.--
(A) In general.--The amendments made by title LX
shall not apply to any offense committed before the
effective date of such amendments.
(B) Construction.--Nothing in subparagraph (A) shall
be construed to invalidate the prosecution of any
offense committed before the effective date of such
amendments.
(4) Sentencing amendments.--The regulations prescribing the
authorized punishments for any offense committed before the
effective date of the amendments made by title LVIII shall apply
to the authorized punishments for the offense, as in effect at
the time the offense is committed.
Approved December 23, 2016.
LEGISLATIVE HISTORY--S. 2943 (H.R. 4909):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 114-840 (Comm. of Conference) and 114-537, Pt. 2
(Comm. on Armed Services) accompanying H.R. 4909.
SENATE REPORTS: No. 114-255 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 162 (2016):
June 6-10, 13, 14, considered and passed Senate.
July 7, considered and passed House, amended, in lieu of
H.R. 4909, pursuant to H. Res. 809.
Dec. 2, House agreed to conference report.
Dec. 7, 8, Senate considered and agreed to conference
report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016):
Dec. 23, Presidential statement.
<all>