[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2943 Engrossed in Senate (ES)]
<DOC>
114th CONGRESS
2d Session
S. 2943
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2017''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations.
(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. Distributed Common Ground System-Army.
Sec. 112. Multiyear procurement authority for UH-60M/HH-60M Black Hawk
helicopters.
Sec. 113. Multiyear procurement authority for AH-64E Apache
helicopters.
Subtitle C--Navy Programs
Sec. 121. Incremental funding for detail design and construction of LHA
replacement ship designated LHA 8.
Sec. 122. Littoral Combat Ship.
Sec. 123. Certification on ship deliveries.
Sec. 124. Limitation on the use of sole source shipbuilding contracts.
Sec. 125. Limitation on availability of funds for the advanced
arresting gear program.
Sec. 126. Limitation on procurement of USS JOHN F. KENNEDY (CVN-79) and
USS ENTERPRISE (CVN-80).
Sec. 127. Limitation on availability of funds for Tactical Combat
Training System Increment II.
Subtitle D--Air Force Programs
Sec. 141. Extension of prohibition on availability of funds for
retirement of A-10 aircraft.
Sec. 142. Limitation on availability of funds for destruction of A-10
aircraft in storage status.
Sec. 143. Repeal of the requirement to preserve certain retired C-5
aircraft.
Sec. 144. Repeal of requirement to preserve F-117 aircraft in
recallable condition.
Sec. 145. Limitation on availability of funds for EC-130H Compass Call
recapitalization program.
Sec. 146. Limitation on availability of funds for Joint Surveillance
Target Attack Radar System (JSTARS)
recapitalization program.
Subtitle E--Defense-wide, Joint and Multiservice Matters
Sec. 151. Report to Congress on independent study of future mix of
aircraft platforms for the Armed Forces.
Sec. 152. Limitation on availability of funds for destruction of
certain cluster munitions and report on
Department of Defense policy and cluster
munitions.
Sec. 153. Medium altitude intelligence, surveillance, and
reconnaissance aircraft.
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. Modification of mechanisms to provide funds for defense
laboratories for research and development
of technologies for military missions.
Sec. 212. Making permanent authority for defense research and
development rapid innovation program.
Sec. 213. Authorization for National Defense University and Defense
Acquisition University to enter into
cooperative research and development
agreements.
Sec. 214. Manufacturing Universities Grant Program.
Sec. 215. Increased micro-purchase threshold for basic research
programs and activities of the Department
of Defense science and technology
reinvention laboratories.
Sec. 216. Directed energy weapon system programs.
Sec. 217. Limitation on B-21 Engineering and Manufacturing Development
program funds.
Sec. 218. Pilot program on disclosure of certain sensitive information
to contractors performing under contracts
with Department of Defense federally funded
research and development centers.
Sec. 219. Pilot program on enhanced interaction between the Defense
Advanced Research Projects Agency and the
service academies.
Sec. 220. Modification of authority for use of operation and
maintenance funds for unspecified minor
construction projects consisting of
laboratory revitalization.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 302. Modified reporting requirement related to installations
energy management.
Sec. 303. Report on efforts to reduce high energy costs at military
installations.
Sec. 304. Utility data management for military facilities.
Sec. 305. Linear LED lamps.
Subtitle C--Logistics and Sustainment
Sec. 311. Deployment prioritization and readiness of Army units.
Sec. 312. Revision of guidance related to corrosion control and
prevention executives.
Sec. 313. Repair, recapitalization, and certification of dry docks at
Naval shipyards.
Subtitle D--Reports
Sec. 321. Modifications to Quarterly Readiness Report to Congress.
Sec. 322. Report on HH-60G sustainment and Combat Rescue Helicopter
(CRH) program.
Subtitle E--Other Matters
Sec. 331. Repurposing and reuse of surplus military firearms.
Sec. 332. Limitation on development and fielding of new camouflage and
utility uniforms.
Sec. 333. Hazard assessments related to new construction of
obstructions on military installations.
Sec. 334. Plan for modernized Air Force dedicated adversary air
training enterprise.
Sec. 335. Independent study to review and assess the effectiveness of
the Air Force Ready Aircrew Program.
Sec. 336. Mitigation of risks posed by certain window coverings with
accessible cords in military housing units
in which children reside.
Sec. 337. Tactical explosive detection dogs.
Sec. 338. STARBASE program.
Sec. 339. Access to Department of Defense installations for drivers of
vehicles of online transportation network
companies.
Sec. 340. Women's military service memorials and museums.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Personnel
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2017 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Technical corrections to annual authorization for personnel
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Reform of distribution and authorized strength of 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. Temporary suspension of officer grade strength tables.
Sec. 504. Enhanced authority for service credit for experience or
advanced education upon original
appointment as a commissioned officer.
Sec. 505. Authority of promotion boards to recommend officers of
particular merit be placed at the top of
the promotion list.
Sec. 506. 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. 507. Length of joint duty assignments.
Sec. 508. Modification of definitions relating to joint officer
management.
Sec. 509. Continuation of certain officers on active duty without
regard to requirement for retirement for
years of service.
Sec. 510. Extension of force management authorities allowing enhanced
flexibility for officer personnel
management.
Subtitle B--Reserve Component Management
Sec. 521. Authority for temporary waiver of limitation on term of
service of Vice Chief of the National Guard
Bureau.
Sec. 522. Authority to designate certain reserve officers as not to be
considered for selection for promotion.
Sec. 523. Rights and protections available to military technicians.
Sec. 524. Extension of suicide prevention and resilience programs for
the National Guard and Reserves.
Sec. 525. Inapplicability of certain laws to National Guard technicians
performing active Guard and Reserve duty.
Subtitle C--General Service Authorities
Sec. 531. Responsibility of Chiefs of Staff of the Armed Forces for
standards and qualifications for military
specialties within the Armed Forces.
Sec. 532. Leave matters.
Sec. 533. Transfer of provision relating to expenses incurred in
connection with leave canceled due to
contingency operations.
Sec. 534. Reduction of tenure on the temporary disability retired list.
Sec. 535. Prohibition on enforcement of military commission rulings
preventing members of the Armed Forces from
carrying out otherwise lawful duties based
on member gender.
Sec. 536. Board for the Correction of Military Records and Discharge
Review Board matters.
Sec. 536A. 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. 537. Reconciliation of contradictory provisions relating to
qualifications for enlistment in the
reserve components of the Armed Forces.
Subtitle D--Military Justice and Legal Assistance Matters
PART I--Retaliation
Sec. 541. Report to complainants of resolution of investigations into
retaliation.
Sec. 542. Training for Department of Defense personnel on sexual
assault trauma in individuals claiming
retaliation in connection with reports of
sexual assault in the Armed Forces.
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. 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.
PART II--Other Military Justice Matters
Sec. 546. Discretionary authority for military judges to designate an
individual to assume the rights of the
victim of an offense under the Uniform Code
of Military Justice when the victim is a
minor, incompetent, incapacitated, or
deceased.
Sec. 547. Appellate standing of victims in enforcing rights of victims
under the Uniform Code of Military Justice.
Sec. 548. Effective prosecution and defense in courts-martial.
Sec. 549. Pilot programs on military justice career track for judge
advocates.
Sec. 550. Modification of definition of sexual harassment for purposes
of investigations of complaints of
harassment by commanding officers.
Sec. 551. Extension and clarification of annual reports regarding
sexual assault involving members of the
Armed Forces.
Sec. 552. Expansion of authority to execute certain military
instruments.
Sec. 553. United States Court of Appeals for the Armed Forces.
Sec. 554. Medical examination before administrative separation for
members with post-traumatic stress disorder
or traumatic brain injury in connection
with sexual assault.
Subtitle E--Member Education, Training, and Transition
Sec. 561. Limitation on tuition assistance for off-duty training or
education.
Sec. 562. Modification of program to assist members of the Armed Forces
in obtaining professional credentials.
Sec. 563. Access to Department of Defense installations of institutions
of higher education providing certain
advising and student support services.
Sec. 564. Priority processing of applications for Transportation Worker
Identification Credentials for members
undergoing discharge or release from the
Armed Forces.
Subtitle F--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. Impact aid for children with severe disabilities.
Sec. 573. Impact aid amendments.
Sec. 574. One-year extension of authorities relating to the transition
and support of military dependent students
to local educational agencies.
Sec. 575. Comptroller General of the United States analysis of
unsatisfactory conditions and overcrowding
at public schools on military
installations.
Sec. 576. Enhanced flexibility in provision of relocation assistance to
members of the Armed Forces and their
families.
Sec. 577. Reporting on allegations of child abuse in military families
and homes.
Sec. 578. Background checks for employees of agencies and schools
providing elementary and secondary
education for Department of Defense
dependents.
Sec. 579. Support for programs providing camp experience for children
of military families.
Sec. 580. Comptroller General of the United States report on
Exceptional Family Member Programs.
Sec. 581. Repeal of Advisory Council on Dependents' Education.
Subtitle G--Decorations and Awards
Sec. 586. Authorization for award of the Medal of Honor to Charles S.
Kettles for acts of valor during the
Vietnam War.
Sec. 587. Authorization for award of the Medal of Honor to Gary M. Rose
for acts of valor during the Vietnam War.
Sec. 588. Authorization for award of the Distinguished Service Cross to
Chaplain (First Lieutenant) Joseph Verbis
Lafleur for acts of valor during World War
II.
Sec. 589. Posthumous advancement of Colonel George E. ``Bud'' Day,
United States Air Force, on the retired
list.
Subtitle H--Miscellaneous Reports and Other Matters
Sec. 591. Applicability of Military Selective Service Act to female
citizens and persons.
Sec. 592. Senior Military Acquisition Advisors in the Defense
Acquisition Corps.
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 career progression tracks of the Armed Forces for
women in combat arms units.
Sec. 595. Repeal of requirement for a chaplain at the United States Air
Force Academy appointed by the President.
Sec. 596. Extension of limitation on reduction in number of military
and civilian personnel assigned to duty
with service review agencies.
Sec. 597. 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.
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. Reform of basic allowance for housing.
Sec. 605. Repeal of obsolete authority for combat-related injury
rehabilitation pay.
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. Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Maximum reimbursement amount for travel expenses of Reserves
to attend inactive duty training outside or
normal commuting distances.
Sec. 622. Period for relocation of spouses and dependents of certain
members of the Armed Forces undergoing a
permanent change of station.
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 members who have completed 8 to 12 years
of service.
Sec. 634. Combat-related special compensation coordinating amendment.
Sec. 635. Sense of Congress on Roth contributions as default
contributions of members of the Armed
Forces participating in the Thrift Savings
Plan under retired pay reform.
PART II--Other Matters
Sec. 641. 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. 642. Use of member's current pay grade and years of service,
rather than final retirement pay grade and
years of service, in a division of property
involving disposable retired pay.
Sec. 643. Permanent extension of payment of special survivor indemnity
allowances under the Survivor Benefit Plan.
Sec. 644. Authority to deduct Survivor Benefit Plan premiums from
combat-related special compensation when
retired pay not sufficient.
Sec. 645. Sense of Congress on options for members of the Armed Forces
to designate payment of the death gratuity
to a trust for a special needs individual.
Sec. 646. Independent assessment of the Survivor Benefit Plan.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality
Benefits and Operations
Sec. 661. Protection and enhancement of access to and savings at
commissaries and exchanges.
Subtitle F--Other Matters
Sec. 671. Compliance with domestic source requirements for footwear
furnished to enlisted members of the Armed
Forces upon their initial entry into the
Armed Forces.
Sec. 672. Authority for payment of pay and allowances and retired and
retainer pay pursuant to power of attorney.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Reform of health care plans available under the TRICARE
program.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of
certain pharmaceutical agents.
Sec. 703. Eligibility of certain beneficiaries under the TRICARE
program for participation in the Federal
Employees Dental and Vision Insurance
Program.
Sec. 704. Coverage of medically necessary food and vitamins for
digestive and inherited metabolic disorders
under the TRICARE program.
Sec. 705. Enhancement of use of telehealth services in military health
system.
Sec. 706. Evaluation and treatment of veterans and civilians at
military treatment facilities.
Sec. 707. Pilot program to provide health insurance to members of the
reserve components of the Armed Forces.
Sec. 708. Pilot program on treatment of members of the Armed Forces for
post-traumatic stress disorder related to
military sexual trauma.
Subtitle B--Health Care Administration
Sec. 721. Consolidation of the medical departments of the Army, Navy,
and Air Force into the Defense Health
Agency.
Sec. 722. Accountability for the performance of the military health
care system of certain positions in the
system.
Sec. 723. Selection of commanders and directors of military treatment
facilities and tours of duty of commanders
of such facilities.
Sec. 724. Authority to convert military medical and dental positions to
civilian medical and dental positions.
Sec. 725. Authority to realign infrastructure of and health care
services provided by military treatment
facilities.
Sec. 726. Acquisition of medical support contracts for TRICARE program.
Sec. 727. Authority to enter into health care contracts with certain
entities to provide care under the TRICARE
program.
Sec. 728. Improvement of health outcomes and control of costs of health
care under TRICARE program through programs
to involve covered beneficiaries.
Sec. 729. Establishment of centers of excellence for specialty care in
the military health system.
Sec. 730. Program to eliminate variability in health outcomes and
improve quality of health care services
delivered in military treatment facilities.
Sec. 731. Establishment of advisory committees for military treatment
facilities.
Sec. 732. Standardized system for scheduling medical appointments at
military treatment facilities.
Sec. 733. Display of wait times at urgent care clinics, emergency
departments, and pharmacies of military
treatment facilities.
Sec. 734. Improvement and maintenance of combat casualty care and
trauma care skills of health care providers
of Department of Defense.
Sec. 735. Adjustment of medical services, personnel authorized
strengths, and infrastructure in military
health system to maintain readiness and
core competencies of health care providers.
Sec. 736. Establishment of high performance military-civilian
integrated health delivery systems.
Sec. 737. Contracts with private sector entities to provide certain
health care services at military treatment
facilities.
Sec. 738. Modification of acquisition strategy for health care
professional staffing services.
Sec. 739. Reduction of administrative requirements relating to
automatic renewal of enrollments in TRICARE
Prime.
Subtitle C--Reports and Other Matters
Sec. 751. Pilot program on expansion of use of physician assistants to
provide mental health care to members of
the Armed Forces.
Sec. 752. Implementation of plan to eliminate certain graduate medical
education programs of Department of
Defense.
Sec. 753. Modification of authority of Uniformed Services University of
the Health Sciences to include
undergraduate and other medical education
and training programs.
Sec. 754. Memoranda of agreement with institutions of higher education
that offer degrees in allopathic or
osteopathic medicine.
Sec. 755. Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical
Facility Demonstration Fund.
Sec. 756. Prohibition on conduct of certain medical research and
development projects.
Sec. 757. Authorization of reimbursement by Department of Defense to
entities carrying out State vaccination
programs for costs of vaccines provided to
covered beneficiaries.
Sec. 758. Maintenance of certain reimbursement rates for care and
services to treat autism spectrum disorder
under demonstration program.
Sec. 759. Incorporation into certain surveys by Department of Defense
of questions on servicewomen experiences
with family planning services and
counseling.
Sec. 760. 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. 761. Requirement to review and monitor prescribing practices at
military treatment facilities of
pharmaceutical agents for treatment of
post-traumatic stress.
Sec. 762. Report on plan to improve pediatric care and related services
for children of members of the Armed
Forces.
Sec. 763. Comptroller General report on health care delivery and waste
in military health system.
Sec. 764. Treatment of certain provisions relating to limitations,
transparency, and oversight regarding
medical research conducted by the
Department of Defense.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy 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. Conduct of independent cost estimation and cost analysis.
Sec. 804. Modernization of services acquisition.
Sec. 805. Modified notification requirement for exercise of waiver
authority to acquire vital national
security capabilities.
Sec. 806. Repeal of temporary suspension of public-private competitions
for conversion of Department of Defense
functions to performance by contractors.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Defense cost accounting standards.
Sec. 812. Increased micro-purchase threshold applicable to Department
of Defense procurements.
Sec. 813. Enhanced competition requirements.
Sec. 814. Elimination of bid and proposal costs and other expenses as
allowable independent research and
development costs on certain contracts.
Sec. 815. 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. 816. Modified restrictions on undefinitized contractual actions.
Sec. 817. Non-traditional contractor definition.
Sec. 818. Comprehensive small business contracting plans.
Sec. 819. Limitation on task and delivery order protests.
Sec. 820. Modified data collection requirements applicable to
procurement of services.
Sec. 821. Government Accountability Office bid protest reforms.
Sec. 822. Report on bid protests.
Sec. 823. 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. 824. Defense Acquisition Challenge Program.
Sec. 825. Use of Lowest Price Technically Acceptable source selection
process.
Sec. 826. Penalties for the use of cost-type contracts.
Sec. 827. Preference for fixed-price contracts.
Sec. 828. Requirement to use firm fixed-price contracts for foreign
military sales.
Sec. 829. Preference for performance-based contractual payments.
Sec. 829A. Share-in-savings contracts.
Sec. 829B. Competitive procurement and phase out of rocket engines from
the Russian Federation in the evolved
expendable launch vehicle program for space
launch of national security satellites.
Sec. 829C. Special emergency procurement authority to facilitate the
defense against or recovery from a cyber,
nuclear, biological, chemical, or
radiological attack.
Sec. 829D. Limitation on use of reverse auction and lowest price
technically acceptable contracting methods.
Sec. 829E. Avoidance of use of brand names or brand-name or equivalent
descriptions in solicitations.
Sec. 829F. Sunset and repeal of certain contracting provisions.
Sec. 829G. Flexibility in contracting award program.
Sec. 829H. Products and services purchased through contracting program
for firms that hire the severely disabled.
Sec. 829I. Applicability of Executive Order 13673 ``Fair Pay and Safe
Workplaces'' to Department of Defense
contractors.
Sec. 829J. Contract closeout authority.
Sec. 829K. Closeout of old Navy contracts.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Repeal of major automated information systems provisions.
Sec. 832. Revisions to definition of major defense acquisition program.
Sec. 833. Acquisition strategy.
Sec. 834. Improved life cycle cost control.
Sec. 835. Modification of certain Milestone B certification
requirements.
Sec. 836. Disclosure of risk in cost estimates.
Sec. 837. Authority to designate increments or blocks of items
delivered under major defense acquisition
programs as major subprograms for purposes
of acquisition reporting.
Sec. 838. Counting of major defense acquisition program subcontracts
toward small business goals.
Sec. 839. Use of economy-wide inflation index to calculate percentage
increase in unit costs.
Sec. 840. Waiver of notification when acquiring tactical missiles and
munitions above the budgeted quantity.
Sec. 841. Multiple program multiyear contract pilot demonstration
program.
Sec. 842. Key Performance Parameter reduction pilot program.
Sec. 843. Mission and system of systems interoperability.
Sec. 844. B-21 bomber development program baseline and cost control.
Subtitle D--Provisions Relating to Acquisition Workforce
Sec. 851. Improvement of program and project management by the
Department of Defense.
Sec. 852. Authority to waive tenure requirement for program managers
for program definition and program
execution periods.
Sec. 853. Enhanced use of data analytics to improve acquisition program
outcomes.
Sec. 854. Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used.
Subtitle E--Provision Related to Commercial Items
Sec. 861. Inapplicability of certain laws and regulations to the
acquisition of commercial items and
commercially available off-the-shelf items.
Sec. 862. Department of Defense exemptions from certain regulations.
Sec. 863. Use of performance and commercial specifications in lieu of
military specifications and standards.
Sec. 864. Preference for commercial services.
Sec. 865. Treatment of items purchased by prospective contractors prior
to release of prime contract requests for
proposals as commercial items.
Sec. 866. Treatment of services provided by nontraditional contractors
as commercial items.
Sec. 867. Use of non-cost contracts to acquire commercial items.
Sec. 868. Pilot program for authority to acquire innovative commercial
items, technologies, and services using
general solicitation competitive
procedures.
Subtitle F--Industrial Base Matters
Sec. 871. Greater Integration of the National Technical Industrial
Base.
Sec. 872. Integration of civil and military roles in attaining national
technology and industrial base objectives.
Sec. 873. Distribution support and services for weapon systems
contractors.
Sec. 874. Permanency of Department of Defense SBIR and STTR programs.
Sec. 875. Modified requirements for distribution of assistance under
procurement technical assistance
cooperative agreements.
Sec. 876. Nontraditional and small disruptive innovation prototyping
program.
Subtitle G--International Contracting Matters
Sec. 881. International sales process improvements.
Sec. 882. Working capital fund for precision guided munitions exports
in support of contingency operations.
Sec. 883. Extension of authority to acquire products and services
produced in countries along a major route
of supply to Afghanistan.
Sec. 884. Clarification of treatment of contracts performed outside the
United States.
Sec. 885. Enhanced authority to acquire products and services produced
in Africa in support of covered activities.
Sec. 886. 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.
Subtitle H--Other Matters
Sec. 891. Contractor business system requirements.
Sec. 892. Authority to provide reimbursable auditing services to
certain non-Defense Agencies.
Sec. 893. Improved management practices to reduce cost and improve
performance of certain Department of
Defense organizations.
Sec. 894. Director of Developmental Test and Evaluation.
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. Enhancement of electronic warfare capabilities.
Sec. 898. Improved transparency and oversight over Department of
Defense research, development, test, and
evaluation efforts and procurement
activities related to medical research.
Sec. 899. Extension of enhanced transfer authority for technology
developed at Department of Defense
laboratories.
Sec. 899A. Rapid prototyping funds for the military services.
Sec. 899B. Defense Modernization Account.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Under Secretary of Defense for Research and Engineering and
related acquisition position in the Office
of the Secretary of Defense.
Sec. 902. Qualifications for appointment of the Secretaries of the
military departments.
Sec. 903. Establishment of Assistant Secretary of Defense for
Information (Chief Information Officer) in
Office of Secretary of Defense.
Sec. 904. Reduction in maximum number of personnel in Office of the
Secretary of Defense and other Department
of Defense headquarters offices.
Sec. 905. Limitations on funds used for staff augmentation contracts at
management headquarters of the Department
of Defense and the military departments.
Sec. 906. Unit within the Office of the Secretary of Defense supporting
achievement of results in Department of
Defense management reform and business
transformation efforts.
Subtitle B--Combatant Command Matters
Sec. 921. Joint Chiefs of Staff and related combatant command matters.
Sec. 922. Delegation to Chairman of Joint Chiefs of Staff of authority
to direct transfer of forces.
Sec. 923. Organization of the Department of Defense for management of
special operations forces and special
operations.
Sec. 924. Pilot program on organization of subordinate commands of a
unified combatant command as joint task
forces.
Sec. 925. 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--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 941. Organizational strategy for the Department of Defense.
Sec. 942. Department of Defense management overview by the Secretary of
Defense.
Sec. 943. Modification of composition and mission of Joint Requirements
Oversight Council.
Sec. 944. Enhanced personnel management authorities for the Chief of
the National Guard Bureau.
Sec. 945. Management of defense clandestine human intelligence
collection.
Sec. 946. Repeal of Financial Management Modernization Executive
Committee.
Sec. 947. Reorganization and redesignation of Office of Family Policy
and Office of Community Support for
Military Families with Special Needs.
Sec. 948. Pilot programs on waiver of applicability of rules and
regulations to Department of Defense
science and technology reinvention
laboratories and DARPA to improve
operations and personnel management.
Sec. 949. Redesignation of Assistant Secretary of the Air Force for
Acquisition as Assistant Secretary of the
Air Force for Acquisition, Technology, and
Logistics.
Subtitle D--Whistleblower Protections for Members of the Armed Forces
Sec. 961. Improvements to whistleblower protection procedures.
Sec. 962. Modification of whistleblower protection authorities to
restrict contrary findings of prohibited
personnel action by the Secretary
concerned.
Sec. 963. Improvements to authorities and procedures for the correction
of military records.
Sec. 964. Comptroller General of the United States review of integrity
of Department of Defense whistleblower
program.
Subtitle E--Other Matters
Sec. 971. Modification of requirements for accounting for members of
the Armed Forces and Department of Defense
civilian employees listed as missing.
Sec. 972. 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. 973. Enhanced security programs for Department of Defense
personnel and innovation initiatives.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Increased use of commercial data integration and analysis
products for the purpose of preparing
financial statement audits.
Sec. 1003. Sense of Senate on sequestration.
Subtitle B--Counter-Drug Activities
Sec. 1006. Codification and modification of authority to provide
support for counter-drug activities and
activities to counter transnational
organized crime of civilian law enforcement
agencies.
Sec. 1007. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Availability of funds for retirement or inactivation of
cruisers or dock landing ships.
Sec. 1012. Prohibition on use of funds for retirement of legacy
maritime mine countermeasures platforms.
Subtitle D--Counterterrorism
Sec. 1021. Extension of prohibition on use of funds for transfer or
release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba,
to the United States.
Sec. 1022. Extension of 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. 1022A. Prohibition on reprogramming requests for funds for
transfer or release, or construction for
transfer or release, of individuals
detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1023. Designing and planning related to construction of certain
facilities in the United States.
Sec. 1024. Authority to transfer individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to the
United States temporarily for emergency or
critical medical treatment.
Sec. 1025. Authority for article III judges to take certain actions
relating to individuals detained at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1026. Extension of prohibition on use of funds for transfer or
release to certain countries of individuals
detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1027. Matters on memorandum of understanding between the United
States and governments of receiving foreign
countries and entities in certifications on
transfer of detainees at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1028. Limitation on transfer of detainees at United States Naval
Station, Guantanamo Bay, Cuba, pending a
report on their terrorist actions and
affiliations.
Sec. 1029. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to countries
covered by Department of State travel
warnings.
Sec. 1030. Extension of prohibition on use of funds for realignment of
forces at or closure of United States Naval
Station, Guantanamo Bay, Cuba.
Subtitle E--Assured Access to Space
Sec. 1036. Restrictions on use of rocket engines from the Russian
Federation for space launch of national
security satellites.
Sec. 1037. Limitation on use of rocket engines from the Russian
Federation to achieve assured access to
space.
Sec. 1038. Repeal of provision permitting the use of rocket engines
from the Russian Federation for the evolved
expendable launch vehicle program.
Subtitle F--Miscellaneous Authorities and Limitations
Sec. 1041. Assigned forces of the combatant commands.
Sec. 1042. Quadrennial independent review of United States military
strategy and force posture in the United
States Pacific Command area of
responsibility.
Sec. 1043. Designation of a Department of Defense Strategic Arctic
Port.
Sec. 1044. Modification of requirements regarding notifications to
Congress on sensitive military operations.
Sec. 1045. Reconnaissance Strike Group matters.
Sec. 1046. Transition of Air Force to operation of remotely piloted
aircraft by enlisted personnel.
Sec. 1047. Prohibition on divestment of Marine Corps Search and Rescue
Units.
Sec. 1048. Modification of requirements relating to management of
military technicians.
Sec. 1049. Support for the Associate Director of the Central
Intelligence Agency for Military Affairs.
Sec. 1050. Enhancement of interagency support during contingency
operations and transition periods.
Sec. 1051. Enhancement of information sharing and coordination of
military training between Department of
Homeland Security and Department of
Defense.
Sec. 1052. Notification on the provision of defense sensitive support.
Sec. 1053. Modification of authority to transfer Department of Defense
property for law enforcement activities.
Sec. 1054. Exemption of information on military tactics, techniques,
and procedures from release under Freedom
of Information Act.
Sec. 1055. Treatment of certain sensitive information by State and
local governments.
Sec. 1056. Recovery of excess firearms, ammunition, and parts granted
to foreign countries and transfer to
certain persons.
Sec. 1057. Sense of the Senate on development and fielding of fifth
generation airborne systems.
Sec. 1058. Technical and conforming amendments.
Subtitle G--National Commission on Military, National, and Public
Service
Sec. 1066. Purpose and scope.
Sec. 1067. National Commission on Military, National, and Public
Service.
Sec. 1068. Commission hearings and meetings.
Sec. 1069. Principles and procedure for Commission recommendations.
Sec. 1070. Executive Director and staff.
Sec. 1071. Judicial review precluded.
Sec. 1072. Termination.
Sec. 1073. Funding.
Subtitle H--Studies and Reports
Sec. 1076. Annual reports on unfunded priorities of the Armed Forces
and the combatant commands.
Sec. 1077. Assessment of the joint ground forces of the Armed Forces.
Sec. 1078. Report on independent assessment of the force structure of
the Armed Forces to meet the national
defense strategy.
Sec. 1079. Annual report on observation flights over the United States
under the Open Skies Treaty.
Sec. 1080. Reports on programs managed under alternative compensatory
control measures in the Department of
Defense.
Sec. 1081. Requirement for notice and reporting to Committees on Armed
Services on certain expenditures of funds
by Defense Intelligence Agency.
Sec. 1082. Repeal of Department of Defense reporting requirements for
which statutory requirement is from an
amendment made by an annual national
defense authorization Act.
Sec. 1083. Repeal of Department of Defense reporting requirements for
which statutory requirement is specified in
an annual national defense authorization
Act.
Sec. 1084. Repeal of requirements relating to efficiencies plan for the
civilian personnel workforce and service
contractor workforce of the Department of
Defense.
Sec. 1085. Report on priorities for bed downs, basing criteria, and
special mission units for C-130J aircraft
of the Air Force.
Subtitle I--Other Matters
Sec. 1086. Military service management of F-35 Joint Strike Fighter
program.
Sec. 1087. Treatment of follow-on modernization for the F-35 joint
strike fighter as a major defense
acquisition program.
Sec. 1088. Reduction in minimum number of Navy carrier air wings and
carrier air wing headquarters required to
be maintained.
Sec. 1089. Streamlining of the National Security Council.
Sec. 1090. Form of annual national security strategy report.
Sec. 1091. Border security metrics.
Sec. 1092. Consolidation of marketing of the Army within the Army
Marketing Research Group.
Sec. 1093. Protection against misuse of Naval Special Warfare Command
insignia.
Sec. 1094. Program to commemorate the 100th anniversary of the Tomb of
the Unknown Soldier.
Sec. 1095. Sense of Congress regarding the OCONUS basing of the KC-46A
aircraft.
Sec. 1096. Replacement of quadrennial defense review with national
defense strategy.
Sec. 1097. Project management.
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. Temporary and term appointments in the competitive service
in the Department of Defense.
Sec. 1104. Personnel authorities related to the defense acquisition
workforce.
Sec. 1105. Direct hire authority for financial management experts in
the Department of Defense workforce.
Sec. 1106. Direct-hire authority for the Department of Defense for
post-secondary students and recent
graduates.
Sec. 1107. Public-private talent exchange.
Sec. 1108. Training for employment personnel of Department of Defense
on matters relating to authorities for
recruitment and retention at United States
Cyber Command.
Sec. 1109. Increase in maximum amount of voluntary separation incentive
pay authorized for civilian employees of
the Department of Defense.
Sec. 1110. Repeal of certain basis for appointment of a retired member
of the Armed Forces to Department of
Defense position within 180 days of
retirement.
Sec. 1111. Pilot programs on career sabbaticals for Department of
Defense civilian employees.
Sec. 1112. Limitation on number of SES employees.
Sec. 1113. No time limitation for appointment of relocating military
spouses.
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. Permanent extension and modification of temporary
authorities for certain positions at
Department of Defense research and
engineering laboratories.
Sec. 1123. Direct hire authority for scientific and engineering
positions for test and evaluation
facilities of the Major Range and Test
Facility Base.
Sec. 1124. Permanent authority for the temporary exchange of
information technology personnel.
Sec. 1125. 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. 1126. Discharge of certain authorities to conduct personnel
demonstration projects.
Subtitle C--Government-Wide Matters
Sec. 1131. Expansion of personnel flexibilities relating to land
management agencies to include all
agencies.
Sec. 1132. Direct hiring for Federal wage schedule employees.
Sec. 1133. Appointment authority for uniquely qualified prevailing rate
employees.
Sec. 1134. Limitation on preference eligible hiring preferences for
permanent employees in the competitive
service.
Sec. 1135. Authority for advancement of pay for certain employees
relocating within the United States and its
territories.
Sec. 1136. Elimination of the foreign exemption provision in regard to
overtime for federal civilian employees
temporarily assigned to a foreign area.
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.
Subtitle D--Other Matters
Sec. 1151. Modification of flat rate per diem requirement for personnel
on long-term temporary duty assignments.
Sec. 1152. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Three-year extension of Commanders' Emergency Response
Program.
Sec. 1202. Increase in size of the Special Defense Acquisition Fund.
Sec. 1203. Codification of authority for support of special operations
to combat terrorism.
Sec. 1204. Prohibition on use of funds to invite, assist, or otherwise
assure the participation of Cuba in certain
joint or multilateral exercises.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority to transfer defense
articles and provide defense services to
the military and security forces of
Afghanistan.
Sec. 1212. Modification of authority for reimbursement of certain
coalition nations for support.
Sec. 1213. 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. 1214. Reimbursement of Pakistan for security enhancement
activities.
Sec. 1215. Improvement of oversight of United States Government efforts
in Afghanistan.
Subtitle C--Matters Relating to Syria and Iraq
Sec. 1221. Extension and modification of authority to provide
assistance to the vetted Syrian opposition.
Sec. 1222. Extension of authority to provide assistance to counter the
Islamic State of Iraq and the Levant.
Sec. 1223. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Subtitle D--Matters Relating to Iran
Sec. 1226. Additional elements in the annual report on the military
power of Iran.
Subtitle E--Matters Relating to the Russian Federation
Sec. 1231. Extension and enhancement of Ukraine Security Assistance
Initiative.
Sec. 1232. Extension and modification of authority on training for
Eastern European national military forces
in the course of multilateral exercises.
Sec. 1233. Additional matters in annual report on military and security
developments involving the Russian
Federation.
Sec. 1234. European investment in security and stability.
Sec. 1235. Sense of Senate on European Deterrence Initiative.
Subtitle F--Matters Relating to Asia-Pacific Region
Sec. 1241. Annual update of Department of Defense Freedom of Navigation
Report.
Sec. 1242. Inclusion of the Philippines among allied countries with
whom United States may enter into
cooperative military airlift agreements.
Sec. 1243. Military exchanges between the United States and Taiwan.
Sec. 1244. Sense of Senate on Taiwan.
Sec. 1245. Sense of Senate on enhancement of the military relationship
between the United States and Vietnam.
Sec. 1246. Redesignation of South China Sea Initiative.
Sec. 1247. Military-to-military exchanges with India.
Subtitle G--Reform of Department of Defense Security Cooperation
Sec. 1251. Sense of Congress on security sector assistance.
Sec. 1252. Enactment of new chapter for defense security cooperation.
Sec. 1253. Military-to-military exchanges.
Sec. 1254. Consolidation and revision of authorities for payment of
personnel expenses necessary for theater
security cooperation.
Sec. 1255. Transfer and revision of authority on payment of expenses in
connection with training and exercises with
friendly foreign forces.
Sec. 1256. Transfer and revision of authority to provide operational
support to forces of friendly foreign
countries.
Sec. 1257. Department of Defense State Partnership Program.
Sec. 1258. Modification of Regional Defense Combating Terrorism
Fellowship Program.
Sec. 1259. Consolidation of authorities for service academy
international engagement.
Sec. 1260. Security Cooperation Enhancement Fund.
Sec. 1261. Consolidation and standardization of reporting requirements
relating to security cooperation
authorities.
Sec. 1262. Requirement for submittal of consolidated annual budget for
security cooperation programs and
activities of the Department of Defense.
Sec. 1263. Department of Defense security cooperation workforce
development.
Sec. 1264. Coordination between Department of Defense and Department of
State on certain security cooperation and
security assistance programs and
activities.
Sec. 1265. Repeal of superseded, obsolete, or duplicative statutes
relating to security cooperation
authorities.
Subtitle H--Miscellaneous Reports and Other Matters
Sec. 1271. Free trade agreements with sub-Saharan African countries.
Sec. 1272. Extension and expansion of authority to support border
security operations of certain foreign
countries.
Sec. 1273. Modification and clarification of United States-Israel anti-
tunnel cooperation authority.
Sec. 1274. Modification to and extension of authorization of non-
conventional assisted recovery
capabilities.
Sec. 1275. Assessment of proliferation of certain remotely piloted
aircraft systems.
Sec. 1276. Efforts to end modern slavery.
Sec. 1277. Sense of Congress on commitment to the Republic of Palau.
Subtitle I--Human Rights Sanctions
Sec. 1281. Short title.
Sec. 1282. Definitions.
Sec. 1283. Authorization of imposition of sanctions.
Sec. 1284. Reports to Congress.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
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.
Sec. 1406. Security Cooperation Enhancement Fund.
Subtitle B--National Defense Stockpile
Sec. 1411. National Defense Stockpile matters.
Sec. 1412. Authority to dispose of certain materials from and to
acquire additional materials for the
National Defense Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Authority to destroy certain specified World War II-era
United States-origin chemical munitions
located on San Jose Island, Republic of
Panama.
Sec. 1422. 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.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.
Sec. 1511. Security Cooperation Enhancement Fund.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations, Reports, and Other Matters
Sec. 1531. Joint Improvised Explosive Device Defeat Fund.
Sec. 1532. Extension and modification of authorities on
Counterterrorism Partnerships Fund.
Sec. 1533. Afghanistan Security Forces Fund.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirement that pilot program for acquisition of commercial
satellite communication services
demonstrate order-of-magnitude improvements
in satellite communications capabilities.
Sec. 1602. Plan for use of allied launch vehicles.
Sec. 1603. Long-term strategy on electromagnetic spectrum for warfare.
Sec. 1604. Five-year plan for Joint Interagency Combined Space
Operations Center.
Sec. 1605. Independent assessment of Global Positioning System Next
Generation Operational Control System.
Sec. 1606. Government Accountability Office assessment of satellite
acquisition by National Reconnaissance
Office.
Sec. 1607. Cost-benefit analysis of commercial use of excess ballistic
missile solid rocket motors.
Sec. 1608. Assessment of cost-benefit analyses by Department of Defense
of use of KA-band commercial satellite
communications.
Sec. 1609. Limitation on use of funds for Joint Space Operations Center
Mission System.
Sec. 1610. Limitation on availability of fiscal year 2017 funds for the
Global Positioning System Next Generation
Operational Control System.
Sec. 1611. Availability of certain amounts to meet requirements in
connection with United States policy on
assured access to space.
Sec. 1612. Availability of funds for certain secure voice conferencing
capabilities.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Department of Defense-wide requirements for security
clearances for military intelligence
officers.
Subtitle C--Cyber Warfare, Cybersecurity, and Related Matters
Sec. 1631. Cyber protection support for Department of Defense personnel
in positions highly vulnerable to cyber
attack.
Sec. 1632. Cyber Mission Forces matters.
Sec. 1633. Limitation on ending of arrangement in which the Commander
of the United States Cyber Command is also
Director of the National Security Agency.
Sec. 1634. Pilot program on application of consequence-driven, cyber-
informed engineering to mitigate against
cybersecurity threats to operating
technologies of military installations.
Sec. 1635. Evaluation of cyber vulnerabilities of F-35 aircraft and
support systems.
Sec. 1636. Review and assessment of technology strategy and development
at Defense Information Systems Agency.
Sec. 1637. Evaluation of cyber vulnerabilities of Department of Defense
critical infrastructure.
Sec. 1638. Plan for information security continuous monitoring
capability and comply-to-connect policy.
Sec. 1639. Report on authority delegated to Secretary of Defense to
conduct cyber operations.
Sec. 1640. Deterrence of adversaries in cyberspace.
Subtitle D--Nuclear Forces
Sec. 1651. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1652. Modification of report on activities of the Council on
Oversight of the National Leadership
Command, Control, and Communications
System.
Sec. 1653. Review by Comptroller General of the United States of
recommendations relating to nuclear
enterprise of Department of Defense.
Sec. 1654. Sense of Congress on nuclear deterrence.
Sec. 1655. Expedited decision with respect to securing land-based
missile fields.
Subtitle E--Missile Defense Programs
Sec. 1661. Required testing by Missile Defense Agency of ground-based
midcourse defense element of ballistic
missile defense system.
Sec. 1662. Iron Dome short-range rocket defense system codevelopment
and coproduction.
Sec. 1663. Non-terrestrial missile defense intercept and defeat
capability for the ballistic missile
defense system.
Sec. 1664. Review of pre-launch missile defense strategy.
Sec. 1665. Modification of national missile defense policy.
Sec. 1666. Extension of prohibitions on providing certain missile
defense information to the Russian
Federation.
Subtitle F--Other Matters
Sec. 1671. Survey and review of Defense Intelligence Enterprise.
Sec. 1672. Milestone A decision for the Conventional Prompt Global
Strike Weapons System.
Sec. 1673. Cyber Center for Education and Innovation and National
Cryptologic Museum.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2014
projects.
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 authorizations of certain fiscal year 2014
projects.
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. Extension of authorization of certain fiscal year 2013
project.
Sec. 2614. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2615. Report on replacement of security forces and communications
training facility at Frances S. Gabreski
Air National Guard Base, New York.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Extension of temporary, limited authority to use operation
and maintenance funds for construction
projects in certain areas outside the
United States.
Sec. 2802. Limited authority for scope of work increase.
Sec. 2803. Permanent 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. Authority to carry out military construction projects for
energy resiliency and security projects not
previously authorized.
Sec. 2812. Authority of the Secretary concerned to accept lessee
improvements at Government-owned/
contractor-operated industrial plants or
facilities.
Sec. 2813. Treatment of insured depository institutions operating on
land leased from military installations.
Subtitle C--Land Conveyances
Sec. 2821. Land acquisitions, Arlington County, Virginia.
Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena,
Alaska.
Sec. 2823. Land conveyance, High Frequency Active Auroral Research
Program facility and adjacent property,
Gakona, Alaska.
Sec. 2824. 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. 2825. Transfer of administrative jurisdictions, Navajo Army Depot,
Arizona.
Sec. 2826. Lease, Joint Base Elmendorf-Richardson, Alaska.
Subtitle D--Utah Land Withdrawals and Exchanges.
PART I--Authorization for Temporary Closure of Certain Public Land
Adjacent to the Utah Test and Training Range
Sec. 2831. Short title.
Sec. 2832. Definitions.
Sec. 2833. Memorandum of agreement.
Sec. 2834. Temporary closures.
Sec. 2835. Liability.
Sec. 2836. Community resource advisory group.
Sec. 2837. Savings clauses.
PART II--Bureau of Land Management Land Exchange With State of Utah
Sec. 2841. Definitions.
Sec. 2842. Exchange of federal land and non-federal land.
Sec. 2843. Status and management of non-federal land acquired by the
United States.
Sec. 2844. Hazardous materials.
Subtitle E--Other Matters
Sec. 2851. Certification of optimal location for 4th and 5th generation
combat aircraft basing and for rotation of
forces at Naval Air Station El Centro or
Marine Corps Air Station Kaneohe Bay.
Sec. 2852. Replenishment of Sierra Vista Subwatershed regional aquifer,
Arizona.
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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs 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. Common financial systems for the nuclear security
enterprise.
Sec. 3112. Industry best practices in operations at National Nuclear
Security Administration facilities and
sites.
Sec. 3113. Limitation on acceleration of dismantlement of retired
nuclear weapons.
Sec. 3114. Contract for mixed-oxide fuel fabrication facility
construction project.
Sec. 3115. Unavailability for general and administrative overhead costs
of amounts specified for certain
laboratories for laboratory-directed
research and development.
Sec. 3116. Increase in certain limitations applicable to funds for
conceptual and construction design of the
Department of Energy.
Subtitle C--Plans and Reports
Sec. 3121. Estimate of total life cycle cost of tank waste cleanup at
Hanford Reservation.
Sec. 3122. Analysis of approaches for supplemental treatment of low-
activity waste at Hanford Nuclear
Reservation.
Sec. 3123. Analyses of options for disposal of high-level radioactive
waste.
Sec. 3124. Elimination of duplication in reviews by Comptroller General
of the United States.
Sec. 3125. Repeal of requirement for Comptroller General of the United
States report on the program on scientific
engagement for nonproliferation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--FEDERAL AVIATION ADMINISTRATION THIRD CLASS MEDICAL
REFORM AND GENERAL AVIATION PILOT PROTECTIONS
Sec. 3301. Short title.
Sec. 3302. Medical certification of certain small aircraft pilots.
Sec. 3303. Expansion of Pilot's Bill of Rights.
Sec. 3304. Limitations on reexamination of certificate holders.
Sec. 3305. Expediting updates to NOTAM program.
Sec. 3306. Accessibility of certain flight data.
Sec. 3307. Authority for legal counsel to issue certain notices.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
Sec. 3502. National security floating dry docks.
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.
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.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
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. Qualifications of trial counsel and defense counsel.
Sec. 5186. Assembly and impaneling of members and related matters.
Sec. 5187. Military magistrates.
TITLE LVI--PRE-TRIAL PROCEDURE
Sec. 5201. Charges and specifications.
Sec. 5202. Proceedings conducted before referral.
Sec. 5203. Preliminary hearing required before referral to general
court-martial.
Sec. 5204. Disposition guidance.
Sec. 5205. Advice to convening authority before referral for trial.
Sec. 5206. Service of charges and commencement of trial.
TITLE LVII--TRIAL PROCEDURE
Sec. 5221. Duties of assistant defense counsel.
Sec. 5222. Sessions.
Sec. 5223. Technical amendment relating to continuances.
Sec. 5224. Conforming amendments relating to challenges.
Sec. 5225. Statute of limitations.
Sec. 5226. Former jeopardy.
Sec. 5227. Pleas of the accused.
Sec. 5228. Subpoena and other process.
Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or
produce evidence.
Sec. 5230. Contempt.
Sec. 5231. Depositions.
Sec. 5232. Admissibility of sworn testimony by audiotape or videotape
from records of courts of inquiry.
Sec. 5233. Conforming amendment relating to defense of lack of mental
responsibility.
Sec. 5234. Voting and rulings.
Sec. 5235. Votes required for conviction, sentencing, and other
matters.
Sec. 5236. Findings and sentencing.
Sec. 5237. Plea agreements.
Sec. 5238. Record of trial.
TITLE LVIII--SENTENCES
Sec. 5261. Sentencing.
Sec. 5262. Effective date of sentences.
Sec. 5263. Sentence of reduction in enlisted grade.
Sec. 5264. Repeal of sentence reduction provision when interim guidance
takes effect.
TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Sec. 5281. Post-trial processing in general and special courts-martial.
Sec. 5282. Limited authority to act on sentence in specified post-trial
circumstances.
Sec. 5283. Post-trial actions in summary courts-martial and certain
general and special courts-martial.
Sec. 5284. Entry of judgment.
Sec. 5285. Waiver of right to appeal and withdrawal of appeal.
Sec. 5286. Appeal by the United States.
Sec. 5287. Rehearings.
Sec. 5288. Judge advocate review of finding of guilty in summary court-
martial.
Sec. 5289. Transmittal and review of records.
Sec. 5290. Courts of Criminal Appeals.
Sec. 5291. Review by Court of Appeals for the Armed Forces.
Sec. 5292. Supreme Court review.
Sec. 5293. Review by Judge Advocate General.
Sec. 5294. Appellate defense counsel in death penalty cases.
Sec. 5295. Authority for hearing on vacation of suspension of sentence
to be conducted by qualified judge
advocate.
Sec. 5296. Extension of time for petition for new trial.
Sec. 5297. Restoration.
Sec. 5298. Leave requirements pending review of certain court-martial
convictions.
TITLE LX--PUNITIVE ARTICLES
Sec. 5301. Reorganization of punitive articles.
Sec. 5302. Conviction of offense charged, lesser included offenses, and
attempts.
Sec. 5303. Soliciting commission of offenses.
Sec. 5304. Malingering.
Sec. 5305. Breach of medical quarantine.
Sec. 5306. Missing movement; jumping from vessel.
Sec. 5307. Offenses against correctional custody and restriction.
Sec. 5308. Disrespect toward superior commissioned officer; assault of
superior commissioned officer.
Sec. 5309. Willfully disobeying superior commissioned officer.
Sec. 5310. Prohibited activities with military recruit or trainee by
person in position of special trust.
Sec. 5311. Offenses by sentinel or lookout.
Sec. 5312. Disrespect toward sentinel or lookout.
Sec. 5313. Release of prisoner without authority; drinking with
prisoner.
Sec. 5314. Penalty for acting as a spy.
Sec. 5315. Public records offenses.
Sec. 5316. False or unauthorized pass offenses.
Sec. 5317. Impersonation offenses.
Sec. 5318. Insignia offenses.
Sec. 5319. False official statements; false swearing.
Sec. 5320. Parole violation.
Sec. 5321. Wrongful taking, opening, etc. of mail matter.
Sec. 5322. Improper hazarding of vessel or aircraft.
Sec. 5323. Leaving scene of vehicle accident.
Sec. 5324. Drunkenness and other incapacitation offenses.
Sec. 5325. Lower blood alcohol content limits for conviction of drunken
or reckless operation of vehicle, aircraft,
or vessel.
Sec. 5326. Endangerment offenses.
Sec. 5327. Communicating threats.
Sec. 5328. Technical amendment relating to murder.
Sec. 5329. Child endangerment.
Sec. 5330. Rape and sexual assault offenses.
Sec. 5331. Deposit of obscene matter in the mail.
Sec. 5332. Fraudulent use of credit cards, debit cards, and other
access devices.
Sec. 5333. False pretenses to obtain services.
Sec. 5334. Robbery.
Sec. 5335. Receiving stolen property.
Sec. 5336. Offenses concerning Government computers.
Sec. 5337. Bribery.
Sec. 5338. Graft.
Sec. 5339. Kidnapping.
Sec. 5340. Arson; burning property with intent to defraud.
Sec. 5341. Assault.
Sec. 5342. Burglary and unlawful entry.
Sec. 5343. Stalking.
Sec. 5344. Subornation of perjury.
Sec. 5345. Obstructing justice.
Sec. 5346. Misprision of serious offense.
Sec. 5347. Wrongful refusal to testify.
Sec. 5348. Prevention of authorized seizure of property.
Sec. 5349. Wrongful interference with adverse administrative
proceeding.
Sec. 5350. Retaliation.
Sec. 5351. Extraterritorial application of certain offenses.
Sec. 5352. Table of sections.
TITLE LXI--MISCELLANEOUS PROVISIONS
Sec. 5401. Technical amendments relating to courts of inquiry.
Sec. 5402. Technical amendment to article 136.
Sec. 5403. Articles of Uniform Code of Military Justice to be explained
to officers upon commissioning.
Sec. 5404. Military justice case management; data collection and
accessibility.
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
Sec. 5421. Military Justice Review Panel.
Sec. 5422. Annual reports.
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
Sec. 5441. Amendments to UCMJ subchapter tables of sections.
Sec. 5442. Effective dates.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table
in section 4101.
Subtitle B--Army Programs
SEC. 111. DISTRIBUTED COMMON GROUND SYSTEM-ARMY.
(a) Training for Operators.--The Secretary of the Army shall take
such actions as may be necessary to improve training for operators of
the Distributed Common Ground System-Army (DCGS-A) and their leaders,
at division level and below tactical units, with equipment that was
current as of the day before 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 units described in subsection (a).
(2) Commercially available equipment.--In meeting the
requirement in paragraph (1), the Secretary shall procure a
commercially available off the shelf, non-developmental
capability that--
(A) meets essential tactical operational
requirements for processing, analyzing and displaying
intelligence information;
(B) is substantially easier for personnel in
tactical units to use than the Distributed Common
Ground System-Army; and
(C) requires less training than the Distributed
Common Ground System-Army.
(3) Limitation on award of contract.--The Secretary may not
award any contract for the design, development, procurement, or
operation and maintenance of any data architecture, data
integration, ``cloud'' capability, data analysis, or data
visualization and workflow capabilities, including various
warfighting function-related tools under or contributing to any
increment of the Distributed Common Ground System-Army, for
tactical units described in subsection (a) unless the
contract--
(A) is awarded not later than 180 days after the
date of the enactment of this Act;
(B) is awarded using procedures relating to the
acquisition of commercial items pursuant to part 12 of
the Federal Acquisition Regulation (48 CFR 12.000 et
seq.);
(C) includes firm fixed-price procedures; and
(D) provides that the technology to be procured
through the contract will--
(i) begin initial fielding rapidly after
the contract award;
(ii) achieve Initial Operating Capability
(IOC) within nine months of the contract award;
and
(iii) achieve Full Operating Capability
(FOC) within 18 months of the contract award.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M/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/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. 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.
Subtitle C--Navy Programs
SEC. 121. 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. 122. LITTORAL COMBAT SHIP.
(a) Report on Littoral Combat Ship Mission Packages.--
(1) In general.--The Secretary of the Navy shall include
annually with the justification materials submitted with the
budget of the President under section 1105(a) of title 31,
United States Code, a report on Littoral Combat Ship mission
packages.
(2) Elements.--The report required under paragraph (1)
shall include for each mission package and increment therein
the following elements:
(A) A description of the current status of and
plans for development, production, and sustainment,
including--
(i) currently projected versus originally
estimated unit costs for each system composing
the mission package;
(ii) currently projected versus originally
estimated development cost, procurement cost,
and 20-year sustainment cost for each system
composing the mission package;
(iii) demonstrated versus required
performance for each system composing the
mission package and for the mission package as
a whole; and
(iv) realized and potential cost, schedule,
or performance problems with such development,
production, or sustainment and mitigation plans
to address such problems.
(B) A description, including dates, for each
developmental test, operational test, integrated test,
and follow-on test event completed in the preceding
fiscal year and forecast in the current fiscal year and
each of the next five fiscal years.
(C) The planned initial operational capability
(IOC) date and a description of the performance level
criteria that must be demonstrated to declare IOC.
(D) A description of systems that reached IOC in
the preceding fiscal year and the performance level
demonstrated versus the performance level required.
(E) The acquisition inventory objective listed by
system.
(F) The current locations and quantities of
delivered systems listed by city, State, and country.
(G) The planned locations and quantities of systems
listed city, State, and country in each of the next
five fiscal years.
(b) Certification of Littoral Combat Ship Mission Package Program
of Record.--
(1) In general.--The Undersecretary of Defense for
Acquisition, Technology, and Logistics shall include with the
justification materials submitted with the budget of the
President under section 1105(a) of title 31, United States
Code, for fiscal year 2018 a certification on Littoral Combat
Ship mission packages.
(2) Certification.--The certification required under
paragraph (1) shall include the current program of record
quantity for--
(A) surface warfare (SUW) mission packages;
(B) anti-submarine warfare (ASW) mission packages;
and
(C) mine countermeasures (MCM) mission packages.
(c) Limitation on the Use of Funds To Revise or Deviate From the
Littoral Combat Ship Acquisition Strategy.--
(1) Limitation on revisions and deviations.--Except as
provided under paragraph (2), 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 used to
revise or deviate from revision three of the Littoral Combat
Ship acquisition strategy.
(2) Waiver.--The Secretary of Defense may waive the
limitation required under paragraph (1) if the Secretary
submits to the congressional defense committees a notification
of such waiver. The waiver shall include--
(A) the rationale of the Secretary for issuing such
waiver to revise or deviate from revision three of the
Littoral Combat Ship acquisition strategy;
(B) a determination that a proposed revision to, or
deviation from, revision three of the Littoral Combat
Ship acquisition strategy is in the national security
interest;
(C) a description of the specific revisions or
deviations to the Littoral Combat Ship acquisition
strategy;
(D) the Littoral Combat Ship acquisition strategy
that is in effect following such revision or deviation;
and
(E) Independent Cost Estimates prepared by the
Assistant Secretary of the Navy for Financial
Management and Comptroller, as well as the Office of
the Secretary of Defense, that compare the cost of such
revision or deviation to revision three of the Littoral
Combat Ship acquisition strategy.
(d) Definitions.--In this section:
(1) Littoral combat ship mission package.--The term
``Littoral Combat Ship mission package'' means a mission module
combined with the crew detachment and support aircraft.
(2) Mission module.--The term ``mission module'' means the
mission systems (such as vehicles, communications, sensors,
weapons systems) combined with support equipment (such as
support containers and standard interfaces) and software
(including related to the mission package computing environment
and multiple vehicle communications system).
(e) Repeal of Reporting Requirements Related to Naval Vessels and
Merchant Marine.--Section 126 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1657) is amended by
striking subsection (b).
SEC. 123. CERTIFICATION ON SHIP DELIVERIES.
(a) In General.--The delivery of the USS JOHN F. KENNEDY (CVN-79),
the USS ZUMWALT (DDG-1000), and any other new construction ship that
employs a multiple phase delivery scheme shall be deemed to occur at
the completion of the final phase of construction.
(b) Certification Requirement.--Not later than January 1, 2017, the
Secretary of the Navy shall certify that ship delivery dates have been
adjusted in accordance with subsection (a). The certification shall
include the ship hull numbers and delivery date adjustments. The
adjustments shall be reflected in the budget of the President submitted
under section 1105(a) of title 31, United States Code, as well as
Department of Defense Selected Acquisition Reports.
SEC. 124. LIMITATION ON THE USE OF SOLE SOURCE SHIPBUILDING CONTRACTS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
Joint High Speed Vessels (JHSV) or Expeditionary Fast Transports (EPF)
may be used to enter into or prepare to enter into a sole source
contract 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.--A certification described in this subsection is
a certification by the Secretary of the Navy that a contract for one or
more Joint High Speed Vessels (JHSV) or Expeditionary Fast Transports
(EPF)--
(1) is in the national security interest of the United
States;
(2) will not result in exceeding the requirement for the
ship class, as delineated in the most recent Navy Force
Structure Assessment;
(3) will use a fixed-price contract;
(4) will include a fair and reasonable contract price, as
determined at the discretion of the Service Acquisition
Executive; and
(5) will provide for government purpose data rights of the
ship design.
(c) Report.--A report described in this subsection is a report that
contains the following elements:
(1) The basis for awarding a non-competitive sole source
contract.
(2) A description of courses of action to achieve
competitive ship or component-level contract awards in the
future, should additional ships in the class be procured,
including for each such course of action, a notional
implementation schedule and associated cost savings, as
compared to a sole source award.
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED
ARRESTING GEAR PROGRAM.
(a) Limitation on Funds.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 for research and development, design, procurement, or advanced
procurement of materials for the Advanced Arresting Gear to be
installed on USS ENTERPRISE (CVN-80) may be obligated or expended until
the Secretary of Defense submits to the congressional defense
committees the report described under section 2433a(c)(2) of title 10,
United States Code, for the Advanced Arresting Gear program.
(b) Baseline Estimate.--The Secretary of Defense shall deem the
2009 Advanced Arresting Gear acquisition program baseline as the
original Baseline Estimate and execute the requirements of sections
2433 and 2433a of title 10, United States Code, as though the
Department had submitted a Selected Acquisition Report with this
Baseline Estimate included.
SEC. 126. LIMITATION ON PROCUREMENT OF USS JOHN F. KENNEDY (CVN-79) AND
USS ENTERPRISE (CVN-80).
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for advance
procurement or procurement of USS JOHN F. KENNEDY (CVN-79) or USS
ENTERPRISE (CVN-80), not more than 25 percent may be obligated or
expended until the Secretary of the Navy and the Chief of Naval
Operations submit to the congressional defense committees the report
required under subsection (b).
(b) 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
submit to the congressional defense committees a report on
alternatives, including de-scoping requirements if necessary, to
achieve a CVN-80 procurement end cost of $12,000,000,000. In addition,
the report shall describe all applicable CVN-80 alternatives that could
be applied to CVN-79 to enable an $11,000,000,000 procurement end cost.
(c) Annual Report on CVN-79 and CVN-80.--
(1) In general.--The Secretary of the Navy and the Chief of
Naval Operations shall annually submit, with the budget of the
President submitted to Congress under section 1105(a) of title
31, United States Code, a progress report describing efforts to
attain the CVN-79 and CVN-80 procurement end costs specified in
subsection (b).
(2) Elements.--The report under paragraph (1) shall include
the following elements:
(A) A description of progress made toward achieving
the procurement end costs specified in subsection (b),
including realized cost savings.
(B) A description of specific 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 including a spend plan with phasing
of key obligations and outlays, decision points when
savings could be realized, and key events that must
take place to execute initiatives and achieve savings.
(E) Instances of lower estimates used in contract
negotiations.
(F) A description of risks to achieving the
procurement end costs specified in subsection (b).
(G) A description of incentives or rewards provided
or planned to be provided for meeting the procurement
end costs specified in subsection (b).
SEC. 127. LIMITATION ON AVAILABILITY OF FUNDS FOR TACTICAL COMBAT
TRAINING SYSTEM INCREMENT II.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the Department of Defense for
the Tactical Combat Training System Increment II, not more than 75
percent may be obligated or expended until 60 days after the Secretary
of the Navy submits to the congressional defense committees the report
required by section 235 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 780).
Subtitle D--Air Force Programs
SEC. 141. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF A-10 AIRCRAFT.
Section 142 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 755) is amended--
(1) in subsection (a)--
(A) by inserting ``or any subsequent fiscal year''
after ``fiscal year 2016''; and
(B) by inserting ``until the Secretary of the Air
Force and Chief of Staff of the Air Force submit to the
congressional defense committees the report described
in subsection (f)(2)'' before the period at the end;
(2) in subsection (b)(1)--
(A) by striking ``during the period before December
31, 2016,''; and
(B) by inserting ``until the Secretary and Chief of
Staff submit the report described in subsection
(f)(2)'' before the period at the end;
(3) in subsection (c)--
(A) by inserting ``or any subsequent fiscal year''
after ``fiscal year 2016''; and
(B) by inserting ``or to reduce manning levels to
less than those commensurate with other Air Force
fighter operational, test, or training units or
divisions until the Secretary and the Chief of Staff
submit the report described in subsection (f)(2)''
before the period at the end;
(4) in subsection (d)--
(A) by striking ``during the period before December
31, 2016,''; and
(B) by inserting ``until the Secretary and Chief of
Staff submit the report described in subsection
(f)(2)'' before the period at the end;
(5) by redesignating subsection (e) as subsection (g); and
(6) by inserting after subsection (d) the following new
subsections:
``(e) Comparison Test of the F-35A and A-10C Aircraft.--The
Director for Operational Test and Evaluation (DOT&E) shall ensure the
initial operational test and evaluation (IOT&E) of the F-35 aircraft
includes a realistic comparison and evaluation test examining the
abilities of the F-35A aircraft and A-10C aircraft in conducting close
air support, combat search and rescue, and forward air controller
(airborne) missions under a tactically representative variety of combat
conditions.
``(f) Reports Required.--
``(1) Director of operational test and evaluation.--The
Director of Operational Test and Evaluation shall submit to the
congressional defense committees a report that includes the
following elements:
``(A) The results and findings of the initial
operational test and evaluation of the F-35 aircraft
program.
``(B) The results and findings of the comparison
test and evaluation required under subsection (e) that
details the results of all scenarios tested and the
capabilities of the F-35A and the A-10C aircraft in
conducting close air support, combat search and rescue,
and forward air controller (airborne) missions in a
tactically representative variety of combat conditions.
``(C) A detailed assessment of the F-35A aircraft's
close air support, combat search and rescue, and
forward air controller (airborne) capabilities and
whether the replacement of the A-10C aircraft with the
F-35A aircraft for these missions would create a
capability gap in these missions.
``(2) Secretary of the air force and chief of staff of the
air force.--
``(A) Report required.--Not later than 180 days
after the date of the submission of the report under
paragraph (1), the Secretary of the Air Force and Chief
of Staff of the Air Force shall submit to the
congressional defense committees a report that
includes--
``(i) the views of the Secretary and Chief
of Staff 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 and Chief
of Staff with respect to such results;
``(ii) a plan for addressing any
deficiencies and carrying out any corrective
actions identified in such report; and
``(iii) short-term and long-term strategies
for preserving the capability of the Air Force
to conduct close air support, combat search and
rescue, and airborne forward air controller
missions.
``(B) Report by comptroller general of the united
states.--
``(i) In general.--Not later than 90 days
after the date that the Secretary of the Air
Force and Chief of Staff of the Air Force
submit the report required under subparagraph
(A), the Comptroller General of the United
States shall submit to the congressional
defense committees a report on the report
submitted under such subparagraph.
``(ii) Contents.--The report submitted
under clause (i) shall include the following:
``(I) An assessment of whether the
conclusions and assertions included in
the report submitted under subparagraph
(A) are comprehensive, fully supported,
and sufficiently detailed.
``(II) An identification of any
shortcomings, limitations, or other
reportable matters that affect the
quality of the report's findings or
conclusions.
``(3) Form.--The reports submitted under paragraph (1) and
paragraph (2)(B) may be submitted in classified form, but shall
contain unclassified summaries.''.
SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF A-10
AIRCRAFT IN STORAGE STATUS.
(a) Limitation.--None of the amounts authorized to be appropriated
by this Act or otherwise made available for the Air Force may be
obligated or expended to scrap, destroy, or otherwise dispose of any A-
10 aircraft in any storage status in the Aerospace Maintenance and
Regeneration Group (AMARG) that have serviceable wings or other
components that could be used to prevent total active inventory A-10
aircraft from being permanently removed from flyable status due to
unserviceable wings or other components until the F-35 initial
operational test and evaluation is complete and the Secretary of the
Air Force and Chief of Staff of the Air Force submit the report
required under subsection (f)(2) of section 142 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
755), as added by section 141 of this Act.
(b) Notification Requirement.--The Deputy Chief of Staff of the Air
Force for Logistics, Engineering and Force Protection shall notify the
congressional defense committees at least 45 calendar days in advance
of any action to scrap, destroy, or otherwise dispose of any A-10
aircraft in any storage status at AMARG. The notification shall include
a certification that the A-10 aircraft does not possess serviceable
wings or other components necessary to prevent the permanent removal
from flyable status of total active inventory A-10 aircraft.
(c) Plan To Prevent Removal of Total Active Inventory A-10 Aircraft
From Flyable Status.--The Secretary of the Air Force shall submit 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, and shall implement, a plan to prevent any total active
inventory A-10 aircraft from being permanently removed from flyable
status for unserviceable wings or any other required component over the
course of the future years defense plan.
SEC. 143. REPEAL OF THE 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--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 144. 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. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR EC-130H COMPASS CALL
RECAPITALIZATION PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 or any other fiscal year
may be obligated or expended on the Air Force EC-130H Compass Call
recapitalization program unless the Air Force conducts a full and open
competition to acquire the replacement aircraft platform.
SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT SURVEILLANCE
TARGET ATTACK RADAR SYSTEM (JSTARS) RECAPITALIZATION
PROGRAM.
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.
Subtitle E--Defense-wide, Joint and Multiservice Matters
SEC. 151. REPORT TO CONGRESS ON INDEPENDENT STUDY OF FUTURE MIX OF
AIRCRAFT PLATFORMS FOR THE ARMED FORCES.
(a) Independent Study.--
(1) In general.--The Secretary of Defense shall obtain a
study, to be performed by an organization or entity independent
of the Department of Defense selected by the Secretary for
purposes of this section, that determines the following:
(A) An optimized future mix of shorter range
fighter-class strike aircraft and long range strike
aircraft platforms for the Armed Forces.
(B) An appropriate future mix of manned aerial
platforms and unmanned aerial platforms for the Armed
Forces.
(2) Considerations in determining mix.--The mixes
determined pursuant to the study shall be determined taking
into account relevant portions of the defense strategy,
critical assumptions, priorities, force-sizing construct, and
cost.
(b) Report.--
(1) In general.--Not later than April 14, 2017, the
Secretary shall submit to the congressional defense committees
a comprehensive report on the results of the study required by
subsection (a), including, at a minimum, the following:
(A) A detailed discussion of the specific
assumptions, observations, conclusions, and
recommendations of the study.
(B) A detailed description of the modeling and
analysis techniques used for the study.
(C) An overarching plan for fielding complementary
weapons systems to meet combatant commander objectives
and fulfilling warfighting capability and capacity
requirements in the areas of an optimized force mix
of--
(i) long-range versus medium/short-range
intelligence, surveillance, and reconnaissance
(ISR)/strike platforms;
(ii) manned versus unmanned platforms;
(iii) observability characteristics;
(iv) land-based versus sea-based
capabilities;
(v) advanced fourth-generation platforms of
proven design;
(vi) next generation air superiority
capabilities; and
(vii) game-changing, advanced technology
innovations.
(2) Form.--The report required by paragraph (1) may be
submitted in classified form, but shall include an unclassified
executive summary.
(3) Other submissions.--The Secretary of Defense may refer
to other reports or efforts of the Department of Defense for
purposes of meeting the requirements of this subsection.
(4) Congressional defense committees defined.--ln this
subsection, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title 10,
United States Code.
SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
CERTAIN CLUSTER MUNITIONS AND REPORT ON DEPARTMENT OF
DEFENSE POLICY AND CLUSTER MUNITIONS.
(a) Limitation.--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 Department of Defense may be
obligated or expended for the destruction of cluster munitions before
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 any cluster munitions that the Secretary determines
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 Congress 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 methods for commanders to 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 impact 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 compliant with the
2008 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 (or a
combination of both).
SEC. 153. MEDIUM ALTITUDE INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE AIRCRAFT.
(a) Limitation on Use of Funds.--None of the funds authorized to be
appropriated for fiscal year 2017 for the Department of Defense by this
Act and available for the procurement of manned medium altitude
intelligence, surveillance, and reconnaissance aircraft by the United
States Special Operations Command may be obligated or expended for that
purpose until the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict, in consultation with the Commander of the
United States Special Operations Command, submits to the congressional
defense committees a report on the requirements of the Command for
manned intelligence, surveillance, and reconnaissance aircraft.
(b) Elements.--The report described in subsection (a) shall include
the following:
(1) An accounting of all Government-owned, Government-
operated and contractor-owned, and contractor-operated manned
intelligence, surveillance, and reconnaissance aircraft funded
by the United States Special Operations Command in fiscal year
2016.
(2) An analysis of the remaining service life of the
aircraft accounted for under paragraph (1).
(3) An explanation of the plans of the Command with regard
to the acquisition, sustainment, or divesture of Government-
owned, Government-operated and contractor-owned, and
contractor-operated manned intelligence, surveillance, and
reconnaissance aircraft over term of the future-years defense
program submitted to Congress in 2016.
(4) A timeline for establishing a program of record for
next generation manned intelligence, surveillance, and
reconnaissance aircraft for the Command.
(5) Such other matters with respect to manned intelligence,
surveillance, and reconnaissance aircraft for the Command as
the Assistant Secretary considers appropriate.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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. 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 ``three percent'' and
inserting ``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
three percent of costs.''.
(c) Modification of Cost Limit Compliance for Infrastructure
Projects.--Subsection (b)(4) of such section is amended by adding at
the end the following new subparagraph:
``(C) Section 2802 of such title, with respect to
construction projects that exceed the cost specified in
subsection (a)(2) of section 2805 of such title for
certain unspecified minor military construction
projects for laboratories.''.
(d) Repeal of Sunset.--Such section is amended by striking
subsection (d).
SEC. 212. 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. 213. 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. 214. MANUFACTURING UNIVERSITIES GRANT PROGRAM.
Section 2196 of title 10, United States Code, is amended to read as
follows:
``Sec. 2196. Manufacturing engineering education: grant program
``(a) Establishment of Manufacturing Universities Grant Program.--
(1) The Secretary of Defense shall establish a program under which the
Secretary makes grants 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 under this section may be made to institutions of
higher education or to consortia of such institutions.
``(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 Universities
Grant Program'.
``(b) New Programs in Manufacturing Engineering Education.--A
program in manufacturing engineering education to be established at an
institution of higher education may be considered to be a new program
for the purpose of subsection (a)(1)(B) regardless of whether the
program is to be conducted--
``(1) within an existing department in a school of
engineering of the institution;
``(2) within a manufacturing engineering department to be
established separately from the existing departments within
such school of engineering; or
``(3) within a manufacturing engineering school or center
to be established separately from an existing school of
engineering of such institution.
``(c) Geographical Distribution of Grants.--In awarding grants
under this subsection, the Secretary shall, to the maximum extent
practicable, avoid geographical concentration of grant awards.
``(d) Covered Programs.--(1) A program of engineering education
supported with a grant awarded pursuant to this section shall meet the
requirements of this section.
``(2) Such a grant may be made for a program of education to be
conducted at the undergraduate level, at the graduate level, or at both
the undergraduate and graduate levels.
``(e) Components of Program.--The program of education for which
such a grant is made shall be a consolidated and integrated
multidisciplinary program of education having each of 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, and visits to industrial facilities,
consortia, or centers of excellence in the United
States and foreign countries;
``(B) faculty development programs;
``(C) recruitment of educators highly qualified in
manufacturing engineering;
``(D) presentation of seminars, workshops, and
training for the development of specific research or
education skills;
``(E) activities involving interaction between the
institution of higher education conducting the program
and industry, including programs for visiting scholars
or industry executives;
``(F) development of new manufacturing curriculum,
course offerings, and education programs;
``(G) establishment of centers of excellence in
manufacturing workforce training;
``(H) establishment of joint programs with defense
laboratories and depots; and
``(I) expansion of advanced manufacturing training
and education for members of the armed forces,
veterans, Federal employees, and others.
``(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 research that is directly related
to, and supportive of, the education of undergraduate or
graduate students in advanced manufacturing science and
technology because of--
``(A) the increased understanding of advanced
manufacturing science and technology that is derived
from such research; and
``(B) the enhanced quality and effectiveness of the
instruction that result from that increased
understanding.
``(f) Grant Proposals.--The Secretary of Defense shall solicit from
institutions of higher education in the United States (and from
consortia of such institutions) proposals for grants 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.
``(g) Merit Competition.--Applications for grants shall be
evaluated on the basis of merit pursuant to competitive procedures
prescribed by the Secretary.
``(h) Selection Criteria.--The Secretary may select a proposal for
the award of a grant 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 grant is to be made.
``(3) Provides for the conduct of research 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.
``(6) Proposes to involve fully qualified faculty personnel
who are experienced in research and education in areas
associated with manufacturing engineering and technology.
``(7) Proposes a program that, within three years after the
grant 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 college graduates, from engineering or other
science and technical fields, and other members of the
technical workforce, in advanced manufacturing and in relevant
emerging technologies and production processes.
``(i) Federal Support.--The amount of financial assistance
furnished to an institution of higher education under this section may
not exceed 50 percent of the estimated cost of carrying out the
activities proposed to be supported in part with such financial
assistance for the period for which the assistance is to be provided.
``(j) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).''.
SEC. 215. INCREASED MICRO-PURCHASE THRESHOLD FOR BASIC RESEARCH
PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE
SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.
(a) Increased Micro-purchase Threshold.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Micro-purchase threshold for basic research programs and
activities of the Department of Defense science and
technology reinvention laboratories
``Notwithstanding subsection (a) of section 1902 of title 41, the
micro-purchase threshold for the Department of Defense for purposes of
such section is $10,000 for purposes of basic research programs and for
the activities of the Department of Defense science and technology
reinvention laboratories.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2338. Micro-purchase threshold for basic research programs and
activities of the Department of Defense
science and technology reinvention
laboratories.''.
(b) Conforming Amendment.--Section 1902(a) of title 41, United
States Code, is amended by striking ``For purposes'' and inserting
``Except as provided in section 2338 of title 10, for purposes''.
SEC. 216. DIRECTED ENERGY WEAPON SYSTEM PROGRAMS.
(a) Inclusion of Directed Energy Weapon System Programs in the
Rapid Acquisition Authority Program.--
(1) In general.--Section 806(c)(1) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 10 U.S.C. 2302 note) is amended by adding at the
end the following new subparagraph:
``(D)(i) In the case of any supplies and associated support
services that, as determined in writing by the Secretary of
Defense without delegation, are urgently needed to eliminate a
deficiency in directed energy weapon systems, the Secretary may
use the procedures developed under this section in order to
accomplish the rapid acquisition and deployment of needed
offensive or defensive directed energy weapon systems
capabilities, supplies, and associated support services.
``(ii) For the purposes of directed energy weapon systems
acquisition, the Secretary of Defense shall consider use of the
following procedures:
``(I) The rapid acquisition authority provided
under this section.
``(II) Use of other transactions authority provided
under section 2371 of title 10, United States Code.
``(III) The acquisition of commercial items using
simplified acquisition procedures.
``(IV) The authority for procurement for
experimental purposes provided under section 2373 of
title 10, United States Code.
``(iii) In this subparagraph, the term `directed energy
weapon systems' means military action involving the use of
directed energy to incapacitate, damage, or destroy enemy
equipment, facilities, or personnel.''.
(2) Conforming amendments.--Section 2373 of title 10,
United States Code, is amended--
(A) in subsection (a), by striking ``and
aeronautical supplies'' and inserting ``, aeronautical
supplies, and directed energy weapon systems''; and
(B) by adding at the end of the following new
subsection:
``(c) Directed Energy Weapon Systems Defined.--In this section, the
term `directed energy weapon systems' means military action involving
the use of directed energy to incapacitate, damage, or destroy enemy
equipment, facilities, or personnel.''.
(b) Joint Directed Energy Program Office.--
(1) Redesignation.--The High Energy Laser Joint Technology
Office of the Department of Defense is hereby redesignated as
the ``Joint Directed Energy Program Office'' (in this
subsection referred to as the ``Office'').
(2) Strategic plan for development and fielding of directed
energy weapons capabilities.--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 develop a strategic
plan for development and fielding of directed energy weapons
capabilities for the Department, in which the Office may define
requirements for directed energy capabilities that address the
highest priority warfighting capability gaps of the Department.
(3) Acceleration of development and fielding of directed
energy weapons capabilities.--
(A) In general.--To the degree practicable, the
Office shall use the policies of the Department that
are revised pursuant to this section and new
acquisition and management practices established
pursuant to this section to accelerate the development
and fielding of directed energy capabilities.
(B) Engagement.--The Secretary shall ensure that
use of policies and practices described in subparagraph
(A) include engagement with defense and private
industries, research universities, and unaffiliated,
nonprofit research institutions.
SEC. 217. LIMITATION ON B-21 ENGINEERING AND MANUFACTURING DEVELOPMENT
PROGRAM FUNDS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 may be made available for
the B-21 Engineering and Manufacturing Development (EMD) program until
the Air Force releases the value of the B-21 EMD contract award made on
October 27, 2015, to the congressional defense committees.
SEC. 218. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE INFORMATION
TO CONTRACTORS PERFORMING UNDER CONTRACTS WITH DEPARTMENT
OF DEFENSE FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS.
(a) In General.--The Secretary of Defense shall carry out a pilot
program to assess the feasibility and advisability of 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 such federally funded research and
development centers.
(b) FFRDCs.--The pilot program shall be carried out with one or
more federally funded research and development centers of the
Department selected by the Secretary for participation in the pilot
program.
(c) FFRDC Personnel.--Sensitive information may be disclosed to
personnel of a contractor of a federally funded research and
development center under the pilot program only if such personnel agree
to be subject to, and comply with, such ethics standards and
requirements as the Secretary shall specify for purposes of the pilot
program, 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 any relevant contractors agree to
and acknowledge that--
(1) sensitive information furnished to the federally funded
research and development center and any relevant contractor
under the pilot program will be accessed and used only for the
purposes stated in the contract between the federally funded
research and development center and such contractor;
(2) the federally funded research and development center
and any relevant contractor 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 and any relevant contractor to compete
against a third party for a Government or non-Government
contract, or to support current or future research or
technology development activities performed by the federally
funded research and development center or contractor; and
(4) any personnel of a contractor of a federally funded
research and development center participating in the pilot
program may not have access to any trade secrets, or to any
other nonpublic information which is of value to the research
and technology development activities of the private-sector
organization from which such employee is assigned, unless
specifically authorized by this section or other law.
(e) Duration.--The pilot program shall terminate on the date that
is three years after the date of the commencement of the pilot program.
(f) Assessment.--Not later than two years after the commencement of
the pilot program, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the pilot program, including an
assessment of the effectiveness of activities under the pilot program
in improving acquisition processes and the effectiveness of protections
of private-sector intellectual property in the course of such
activities.
(g) Sensitive Information Defined.--In this section, the term
``sensitive information'' means confidential commercial, financial, or
proprietary information, technical data, contract performance, contract
performance evaluation, management, and administration data, or other
privileged information owned by other contractors of the Department of
Defense that is exempt from public disclosure under section 552(b)(4)
of title 5, United States Code, or which would otherwise be prohibited
from disclosure under section 1832 or 1905 of title 18, United States
Code.
SEC. 219. PILOT PROGRAM ON ENHANCED INTERACTION BETWEEN THE DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY AND THE SERVICE
ACADEMIES.
(a) In General.--The Secretary of Defense may carry out a pilot
program to assess the feasibility and advisability of additional and
enhanced interaction between the Defense Advanced Research Projects
Agency and the service academies.
(b) Awards of Funds.--In carrying out the pilot program, the
Secretary of Defense may provide funds to current contractors and
grantees of the Department of Defense under the Defense Advanced
Research Projects Agency in order to encourage such contractors and
grantees to do as follows:
(1) Develop research partnerships with the service
academies for the purpose of utilizing the technology
transition networks service academies maintain among their
academic departments, resident research centers, and existing
partnerships with service laboratories and other Federal degree
granting institutions.
(2) Utilize technology transition insight from faculty-in-
training who are enrolled at academic institutions conducting
advanced research for the Department.
(3) Include the service academies' faculty members, cadets,
and midshipmen as participants in technology user evaluations.
(4) Provide sabbaticals and internships for faculty
members, cadets, and midshipmen at the service academies at
research agencies, laboratories, and facilities of the
Department and at university and industry research facilities.
(c) Termination.--The authority to carry out the pilot program
shall terminate on September 30, 2020.
(d) Definitions.--In this section:
(1) The term ``faculty-in-training'' means personnel
attending graduate school programs at the expense of the Armed
Forces with follow-on assignments as faculty at the service
academies.
(2) The term ``service academies'' means the following:
(A) The United States Military Academy
(B) The United States Naval Academy.
(C) Th United States Air Force Academy.
(D) The United States Coast Guard Academy
(E) The United States Merchant Marine Academy.
SEC. 220. MODIFICATION OF AUTHORITY FOR USE OF OPERATION AND
MAINTENANCE FUNDS FOR UNSPECIFIED MINOR CONSTRUCTION
PROJECTS CONSISTING OF LABORATORY REVITALIZATION.
(a) Increase in Amount Authorized.--Section 2805(d) of title 10,
United States Code, is amended by striking ``$4,000,000'' each place it
appears and inserting ``$6,000,000''.
(b) Extension of Sunset.--Paragraph (5) of such section is amended
by striking ``2018'' and inserting ``2025''.
TITLE III--OPERATION AND MAINTENANCE
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. 302. 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 ``and
resiliency'' after ``Annual report related to installations
energy management'';
(2) by striking paragraphs (2), (3), (4), (5), (6), (7),
(8), and (10); and
(3) by redesignating subsections (9) and (11) as paragraphs
(2) and (3), respectively.
SEC. 303. 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 energy costs.
(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 energy
costs.
(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 on how military services are
working collaboratively in order to leverage lessons
learned on potential energy efficiency solutions.
(E) An assessment of extent of 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 energy costs, local
communities, and other Federal departments and agencies.
(b) Definitions.--In this section, the term ``high energy costs''
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. 304. UTILITY DATA MANAGEMENT FOR MILITARY FACILITIES.
(a) Pilot Program.--The Secretary of Defense, in consultation with
the Secretary of Energy, shall develop a pilot program to investigate
the utilization of utility data management services to perform utility
bill aggregation, analysis, third-party payment, storage, and
distribution.
(b) Use of Funds.--The Secretary of Defense may use funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2017 for operation and maintenance, Navy, and available
for enterprise information to carry out the pilot program required
under subsection (a).
SEC. 305. LINEAR LED LAMPS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall amend section 2-4.1.1.2 of the
Department of Defense's Unified Facilities Criteria 3-530-1 to provide
that--
(1) linear LED lamps with luminaire conversion kits may be
UL Type B, receiving power on only one end of the lamp, 110-
277VAC compatible; and
(2) for Army, Air Force, and Navy projects, linear LED
lamps are allowed for light source retrofits.
Subtitle C--Logistics and Sustainment
SEC. 311. DEPLOYMENT PRIORITIZATION AND READINESS OF ARMY UNITS.
(a) Deployment Prioritization and Readiness.--
(1) In general.--Chapter 1003 of title 10, United States
Code, is amended by inserting after section 10102 the following
new section:
``Sec. 10102a. Deployment prioritization and readiness of Army units
``(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 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 that--
``(1) 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 back mission requirements; and
``(B) the number of personnel in the unit who are
qualified in their primary military occupational
specialty; and
``(2) the equipment readiness assessment of a unit--
``(A) documents all equipment required for
deployment;
``(B) reflects only that equipment that is directly
possessed by the unit;
``(C) specifies the effect of substitute items; and
``(D) assesses the effect of missing components and
sets on the readiness of major equipment items.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1003 of such title is amended by inserting
after the item relating to section 10102 the following new
item:
``10102a. Deployment prioritization and readiness of Army units.''.
(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. 312. REVISION OF GUIDANCE RELATED TO CORROSION CONTROL AND
PREVENTION EXECUTIVES.
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, shall revise corrosion-related guidance to clearly define
the role of the corrosion control and prevention executives of the
military departments in assisting the Office of Corrosion Policy and
Oversight in holding the appropriate project management office in each
military department accountable for submitting the 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) with an expanded emphasis on infrastructure, as required in
the long-term strategy of the Department of Defense under section
2228(d) of title 10, United States Code.
SEC. 313. REPAIR, RECAPITALIZATION, AND CERTIFICATION OF DRY DOCKS AT
NAVAL SHIPYARDS.
Amounts authorized to be appropriated for fiscal year 2017 by
section 301 for operation and maintenance and available as foreign
currency fluctuation savings as specified in the funding table in
section 4301 may be made available for the repair, recapitalization,
and certification of dry docks at Naval shipyards.
Subtitle D--Reports
SEC. 321. MODIFICATIONS TO QUARTERLY READINESS REPORT TO CONGRESS.
(a) Deadline for Report.--Subsection (a) of section 482 of title
10, United States Code, is amended by striking ``Not later than 45 days
after the end of each calendar-year quarter'' and inserting ``Not later
than 30 days after the end of each calendar-year quarter''.
(b) Elimination of Reporting Requirements Related to Prepositioned
Stocks and National Guard Civil Support Mission Readiness.--Such
section is further amended--
(1) in subsection (a), by striking ``subsections (b), (d),
(e), (f), (g), (h), and (i)'' and inserting ``subsections (b),
(d), (e), (f), and (g)'';
(2) by striking subsections (d) and (e); and
(3) by redesignating subsections (f), (g), (h), (i), and
(j) as subsections (d), (e), (f), (g), and (i) respectively.
(c) Inclusion of Information on Cannibalization Rates.--Such
section, as amended by subsection (b), is further amended by inserting
after subsection (g), as redesignated by paragraph (3) of such
subsection (b), the following new subsection:
``(h) Cannibalization Rates.--Each report under this section shall
include a separate unclassified report containing the information
collected pursuant to section 117(c)(7) of this title.''.
SEC. 322. REPORT ON HH-60G SUSTAINMENT AND COMBAT RESCUE HELICOPTER
(CRH) 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 provide depot maintenance
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
the following elements:
(1) A description of the Air Force's modernization plan for
legacy HH-60G combat rescue helicopters.
(2) A description of the Air Force's plan to maintain the
training pipeline for the HH-60G aircrew and maintenance force
required to maintain full readiness through the end of fiscal
year 2029.
(3) A description of the Air Force's depot maintenance plan
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. 331. REPURPOSING AND REUSE OF SURPLUS MILITARY FIREARMS.
(a) Army Transfers.--
(1) Required transfer.--Not later than 90 days after the
date of the enactment of this Act, and subject to paragraphs
(3) and (4), the Secretary of the Army shall transfer to Rock
Island Arsenal all excess firearms, related spare parts and
components, small arms ammunition, and ammunition components
currently stored at Defense Distribution Depot, Anniston,
Alabama, that are no longer actively issued for military
service.
(2) Repurposing and reuse.--The items specified for
transfer under paragraph (1) shall be melted and repurposed for
military use as determined by the Secretary of the Army,
including--
(A) the re-forging of new firearms or their
components; and
(B) force protection barriers and security
bollards.
(3) Transfer for historical purposes.--Notwithstanding
paragraphs (1) and (2), the Secretary may transfer up to 2,000
surplus caliber .45 M1911/M1911A1 pistols and 2,000 M-14 Rifles
to a military museum for display and preservation.
(4) Items exempt from transfer.--M-1 Garand and caliber .22
rimfire rifles are not subject to the transfer requirement
under paragraph (1).
(b) Navy Transfers.--Section 40728 of title 36, United States Code,
is amended by adding at the end the following new subsection:
``(i) Authorized Navy Transfers.--
``(1) In general.--Notwithstanding subsections (a) and (b),
the Secretary of the Navy may transfer to the corporation, in
accordance with the procedures prescribed in this subchapter,
M-1 Garand and caliber .22 rimfire rifles held within the
inventories of the United States Navy and the United States
Marine Corps and stored at Defense Distribution Depot,
Anniston, Alabama, or Naval Surface Warfare Center, Crane,
Indiana, as of the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2017.
``(2) Use as marksmanship trophies.--The items specified
for transfer under paragraph (1) shall be used as awards for
competitors in marksmanship competitions held by the United
States Marine Corps or the United States Navy and may not be
resold.''.
SEC. 332. LIMITATION ON DEVELOPMENT AND FIELDING OF NEW CAMOUFLAGE AND
UTILITY UNIFORMS.
No funds may be obligated or expended for the development or
fielding of new camouflage or utility uniforms or families of uniforms
until one year after the Secretary of Defense notifies the
congressional defense committees of the proposed development or
fielding.
SEC. 333. HAZARD ASSESSMENTS RELATED TO NEW CONSTRUCTION OF
OBSTRUCTIONS ON MILITARY INSTALLATIONS.
(a) In General.--Section 358 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4201; 49 U.S.C. 44718 note) is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraph (3), (4), and (5), respectively;
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Elements of hazard assessment.--Each hazard
assessment shall, at a minimum, include--
``(A) an analysis of--
``(i) the electromagnetic interference that
the proposed project would cause for any
military installation, military-owned or
military-operated air traffic control radar
site, military training route or range,
navigation aid, and approach systems;
``(ii) any other adverse impacts of the
proposed project on military operations,
safety, and readiness, including adverse
effects to instrument or visual flight
operations; and
``(iii) what alterations could be made to
the proposed project, including its location
and physical proximity to the affected military
installation, military-owned or military-
operated air traffic control radar site,
military training route or range, or navigation
aid, to sufficiently mitigate any adverse
impacts described under clauses (i) and (ii);
and
``(B) a determination as to whether the proposed
project will have any adverse aeronautical effects, as
described in clauses (i) and (ii) of subparagraph (A),
or other significant military operational impacts.'';
(C) in paragraph (4), as redesignated by
subparagraph (A), by striking ``paragraph (2)'' and
inserting ``paragraph (3)''; and
(D) in paragraph (5), as redesignated by such
subparagraph, by striking ``paragraph (2)'' and
inserting ``paragraph (3)''; and
(2) in subsection (j), by adding at the end the following
new paragraph:
``(4) The term `unacceptable risk to the national security
of the United States' includes any significant adverse
aeronautical effects, such as electromagnetic interference with
the affected military installation, military-owned or military-
operated air traffic control radar site, navigation aid, and
approach systems, as well as any other significant adverse
impacts on military operations, safety, and readiness, such as
adverse effects to instrument or visual flight operations.''.
(b) Review of Approved Projects.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
conduct a review of mitigation plans developed pursuant to subsection
(e) of section 358 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4201; 49 U.S.C.
44718 note) to ensure that the mitigation plans comply with the
requirements of paragraph (2) of such subsection, as added by
subsection (a) of this section.
SEC. 334. PLAN FOR MODERNIZED AIR FORCE DEDICATED ADVERSARY AIR
TRAINING ENTERPRISE.
(a) Plan Required.--The Chief of Staff of the Air Force shall
develop a plan--
(1) to provide a modernized dedicated adversary air
training enterprise for the Air Force in order to--
(A) maximize warfighting effectiveness and
synergies of the current and planned fourth and fifth
generation combat air forces through optimized training
and readiness; and
(B) harness intelligence analysis, emerging live-
virtual-constructive training technologies, range
infrastructure improvements, and results of
experimentation and prototyping efforts in operational
concept development;
(2) to explore all available opportunities 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
(3) to execute all means available 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) Plan Elements.--The plan under subsection (a) shall include
enterprise goals, objectives, concepts of operations, phased
implementation timelines, analysis of expected readiness improvements,
prioritized resource requirements, and such other matters as the Chief
of Staff considers appropriate.
(c) Submittal of 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 a written plan and a
briefing on the plan under subsection (a).
SEC. 335. INDEPENDENT STUDY TO REVIEW AND ASSESS THE EFFECTIVENESS OF
THE AIR FORCE READY AIRCREW PROGRAM.
(a) Study.--The Secretary of the Air Force shall commission an
independent review and assessment of the assumptions underlying the Air
Force's annual continuation training requirements and the efficacy of
the overall Ready Aircrew Program in the management of Air Force's
aircrew 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 conducted.
(2) Elements.--The report required under paragraph (1)
shall include an analysis, and where appropriate, an assessment
of--
(A) the total sorties required by each combat
aircraft and mission type to reach minimum and optimum
levels of proficiency;
(B) the optimal mix of live and virtual training
sorties by aircraft and mission type;
(C) the requirements for and availability of
supporting assets and infrastructure to achieve
proficiency levels;
(D) the accumulated flying hours or other
measurements needed to achieve experienced aircrew
designations, and whether different measures should be
used;
(E) the optimum mix of experienced versus
inexperienced aircrews by aircraft and mission type;
(F) the actions planned and taken, and the
estimated magnitude of resources required, to
incorporate the assessment recommendations; and
(G) 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 review the report submitted under subsection (b)
and submit to the congressional defense committees an
assessment of the matters contained in the report, including an
assessment of--
(A) the extent to which the Air Force's report
addressed the mandated reporting elements;
(B) the adequacy and completeness of the
assumptions reviewed to establish the annual training
requirements;
(C) the Air Force's actions planned to incorporate
the report results into annual training documents; and
(D) any other matters the Comptroller General
determines are relevant.
(2) Briefing.--The Comptroller General shall brief the
congressional defense committees on the preliminary results of
the review conducted under paragraph (1) not later than 60 days
after the date on which the Secretary of the Air Force submits
the report required under subsection (b).
SEC. 336. MITIGATION OF RISKS POSED BY CERTAIN WINDOW COVERINGS WITH
ACCESSIBLE CORDS IN MILITARY HOUSING UNITS IN WHICH
CHILDREN RESIDE.
(a) Removal of Certain Window Coverings.--The Secretary of Defense
shall remove and replace window coverings with accessible cords
exceeding 8 inches in length and window coverings with continuous loop/
bead cord from military housing units in which children under the age
of 9 reside.
(b) Requirement for Housing Contractors To Phase Out Window
Coverings With Accessible Cords From Military Housing Units.--The
Secretary of Defense shall require housing contractors to phase out
window coverings with accessible cords exceeding 8 inches in length and
window coverings with continuous loop/bead cords that do not contain a
cord tension device that prohibits operation when not anchored to the
wall from military housing units within one year of the date of the
enactment of this Act.
SEC. 337. TACTICAL EXPLOSIVE DETECTION DOGS.
(a) Inclusion in Definition of Military Animals.--Section 2583(h)
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) A tactical explosive detection dog (TEDD) that has
been transferred to the 341st Training Squadron from a private
contractor.''.
(b) Required Contract Clause.--
(1) Civilian contracts.--
(A) In general.--Chapter 47 of title 41, United
States Code, is amended by adding at the end the
following new section:
``Sec. 4713. Contracts for provision of tactical explosive detection
dogs: requirement to transfer animals to 341st Training
Squadron after service life
``(a) In General.--Each contract with a provider of tactical
explosive detection dogs (TEDDs) shall include a provision requiring
the contractor to transfer the dog to the 341st Training Squadron after
the animal's service life as described in subsection (b), including for
purposes of reclassification as a military animal and placement for
adoption in accordance with section 2583 of title 10.
``(b) Service Life.--For purposes of this section, an animal's
service life is over and the animal is available for transfer to the
341st Training Squadron only if--
``(1) the animal's final United States Government-wide
contractual obligation is with the Department of Defense,
military service, or defense agency; and
``(2) the animal has no additional capability to be
utilized by another United States Government agency due to age,
injury, or performance.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``4713. Contracts for provision of tactical explosive detection dogs:
requirement to transfer animals to 341st
Training Squadron after service life.''.
(2) Defense contacts.--
(A) In general.--Chapter 141 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2410r. Contracts for provision of tactical explosive detection
dogs: requirement to transfer animals to 341st Training
Squadron after service life
``Each Department of Defense contract with a provider of tactical
explosive detection dogs (TEDDs) shall include a provision requiring
the contractor to transfer the dog to the 341st Training Squadron after
the animal's service life, including for purposes of reclassification
as a military animal and placement for adoption in accordance with
section 2583 of this title.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2410r. Contracts for provision of tactical explosive detection dogs:
requirement to transfer animals to 341st
Training Squadron after service life.''.
SEC. 338. STARBASE PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The budget of the President for fiscal year 2017
requested no funding for the Department of Defense STARBASE
program.
(2) The purpose of the STARBASE program is to improve the
knowledge and skills of students in kindergarten through 12th
grade in science, technology, engineering, and mathematics
(STEM) subjects, to connect them to the military, and to
motivate them to explore science, technology, engineering, and
mathematics and possible military careers as they continue
their education.
(3) The STARBASE program currently operates at 76 locations
in 40 States and the District of Columbia and Puerto Rico,
primarily on military installations.
(4) To date, nearly 750,000 students have participated in
the STARBASE program.
(5) The STARBASE program is a highly effective program run
by dedicated members of the Armed Forces and strengthens the
relationships between the military, communities, and local
school districts.
(6) The budget of the President for fiscal year 2017 seeks
to eliminate funding for the STARBASE program for that fiscal
year due to a reorganization of science, technology,
engineering, and mathematics programs throughout the Federal
Government.
(b) Sense of Congress.--It is the sense of Congress that the
STARBASE program should continue to be funded by the Department of
Defense.
SEC. 339. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS FOR DRIVERS OF
VEHICLES OF ONLINE TRANSPORTATION NETWORK COMPANIES.
(a) Access To Be Permitted.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall establish
policies, terms and conditions under which drivers of vehicles
affiliated with online transportation network companies shall be
permitted access to installations of the Department of Defense. In
establishing such policies, terms and conditions, the Secretary shall
take into account force protection requirements and ensure the
protection and safety of members of the Armed Forces, civilian
employees of the Department, and their families.
(b) Elements.--
(1) In general.--The policies, terms, and conditions
established pursuant to this section shall--
(A) permit access to installations by drivers of
vehicles affiliated with transportation network
companies that have authorized access to installations
of the Department as of the date of the enactment of
this Act;
(B) permit access to installations by drivers of
vehicles affiliated with transportation network
companies that seek authorized access to installations
of the Department after the date of the enactment of
this Act, but only if such drivers of vehicles agree to
abide by such terms and conditions;
(C) prohibits drivers of vehicles, and personnel,
affiliated with transportation network companies, from
accessing sensitive areas of installations of the
Department;
(D) permit drivers of vehicles affiliated with
transportation network companies that have authorized
access to installations of the Department access to
barracks areas, housing areas, temporary lodging
facilities areas, and military unit areas; and
(E) require each transportation network company
whose affiliated drivers of vehicles have authorized
access to installations of the Department--
(i) to track, in real-time, the location of
the entry and exit of such drivers onto and off
such installations; and
(ii) to provide, on demand, the information
described in clause (i) to personnel and
agencies of the Department.
(2) Confidentiality of information provided.--The terms and
conditions shall provide for the treatment of any information
provided by a transportation network company in accordance with
the requirements of paragraph (1)(E) as confidential and
proprietary information of the transportation network company
exempt from public disclosure pursuant to section 552 of title
5, United States Code (commonly referred to as the ``Freedom of
Information Act''). The Department shall not disclose such
information to any person or entity without the express written
consent of the transportation network company unless required
by a court order.
(c) Transportation Network Company Defined.--In this section, the
term ``transportation network company'' means a corporation,
partnership, sole proprietorship, or other entity that uses a digital
network to connect riders to drivers affiliated with the entity in
order for a driver to provide transportation services to a rider.
SEC. 340. 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 non-profit 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).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Personnel
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, 460,000.
(2) The Navy, 322,900.
(3) The Marine Corps, 182,000.
(4) The Air Force, 317,000.
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, 335,000.
(2) The Army Reserve, 195,000.
(3) The Navy Reserve, 58,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 105,700.
(6) The Air Force Reserve, 69,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
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 subsection (d) of 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 varied
in the same manner as is provided for the variance of end strengths in
subsections (f)(1) and (g)(1)(B) of such section as if such end
strength prescribed by subsection (a) were an end strength for
personnel otherwise described by such subsection (f)(1) or (g)(1)(B),
as applicable.
SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2017, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2017, may not exceed 420.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2017, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2017, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. TECHNICAL CORRECTIONS TO ANNUAL AUTHORIZATION FOR PERSONNEL
STRENGTHS.
Section 115 of title 10, United States Code, is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``502(f)(2)''
and inserting ``502(f)(1)(B)''; and
(B) in subparagraph (C), by striking ``502(f)(2)''
and inserting ``502(f)(1)(B)''; and
(2) in subsection (i)(7), by striking ``502(f)(1)'' and
inserting ``502(f)(1)(A)''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2017 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2017.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. REFORM OF DISTRIBUTION AND AUTHORIZED STRENGTH OF GENERAL AND
FLAG OFFICERS.
(a) Distribution of Officers on Active Duty in General and Flag
Officer Grades.--
(1) Reform.--Chapter 32 of title 10, United States Code, is
amended by inserting after section 525 the following new
section:
``Sec. 525a. Distribution of commissioned officers on active duty in
general officer grades and flag officer grades after
December 31, 2017
``(a) In General.--For purposes of the applicable limitation in
section 526a(a) of this title on general and flag officers on active
duty, no appointment of an officer on the active duty list may be made
after December 31, 2017, as follows:
``(1) In the Army, if that appointment would result in more
than--
``(A) 4 officers in the grade of general;
``(B) 23 officers in a grade above the grade of
major general; or
``(C) 62 officers in the grade of major general.
``(2) In the Air Force, if that appointment would result in
more than--
``(A) 4 officers in the grade of general;
``(B) 20 officers in a grade above the grade of
major general; or
``(C) 52 officers in the grade of major general.
``(3) In the Navy, if that appointment would result in more
than--
``(A) 4 officers in the grade of admiral;
``(B) 17 officers in a grade above the grade of
rear admiral; or
``(C) 42 officers in the grade of rear admiral.
``(4) In the Marine Corps, if that appointment would result
in more than--
``(A) 2 officers in the grade of general;
``(B) 9 officers in a grade above the grade of
major general; or
``(C) 16 officers in the grade of major general.
``(b) Exclusions in Connection With Joint Duty Assignments.--The
limitations of subsection (a) do not include the following:
``(1) 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, except that the Secretary of
Defense may authorize the Secretary of a military department to
extend the 60-day period by an additional 120 days, but no more
than three officers from each armed forces may be on active
duty who are excluded under this paragraph.
``(2) The number of officers required to serve in joint
duty assignments as authorized by the Secretary of Defense
under section 526a(b) of this title for each armed force.
``(c) Appointments in Connection With Offsetting Reductions.--
``(1) In general.--Subject to paragraph (3), the
President--
``(A) may make appointments in the Army, Air Force,
and Marine Corps in the grades of lieutenant general
and general in excess of the applicable numbers
determined under this section if each such appointment
is made in conjunction with an offsetting reduction
under paragraph (2); and
``(B) may make appointments in the Navy in the
grades of vice admiral and admiral in excess of the
applicable numbers determined under this section if
each such appointment is made in conjunction with an
offsetting reduction under paragraph (2).
``(2) Offsetting reduction.--For each appointment made
under the authority of paragraph (1) in the Army, Air Force, or
Marine Corps in the grade of lieutenant general or general, or
in the Navy in the grade of vice admiral or admiral, the number
of appointments that may be made in the equivalent grade in one
of the other armed forces (other than the Coast Guard) shall be
reduced by one. When such an appointment is made, the President
shall specify the armed force in which the reduction required
by this paragraph is to be made.
``(3) Limitations.--
``(A) Grade of general or admiral.--The number of
officers that may be serving on active duty in the
grades of general and admiral by reason of appointment
made under the authority of paragraph (1) may not
exceed 1.
``(B) Grade of lieutenant general or vice
admiral.--The number of officers that may be serving on
active duty in the grades of lieutenant general and
vice admiral by reason of appointments made under the
authority of paragraph (1) may not exceed 4.
``(4) Termination.--Upon the termination of the appointment
of an officer in the grade of lieutenant general or vice
admiral or general or admiral that was made in connection with
an increase under paragraph (1) in the number of officers that
may be serving on active duty in that armed force in that
grade, the reduction made under paragraph (2) in the number of
appointments permitted in such grade in another armed force by
reason of that increase shall no longer be in effect.
``(d) Exclusion Officers Upon Relief From Chiefs of Staff Duty.--An
officer continuing to hold the grade of general or admiral under
section 601(b)(5) of this title 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 shall not be counted for purposes of
this section.
``(e) Exclusion for Retirement, Separation, Release, or Relief.--
The following officers shall not be counted for purposes of this
section:
``(1) An officer of that 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.
``(2) At the discretion of the Secretary of Defense, an
officer of that 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.
``(f) Exclusion for Reserve Officers on Certain Active Duty.--
``(1) In general.--The limitations of this section do not
apply to a reserve component general or flag officer who is on
active duty for a period in excess of 365 days, but not to
exceed three years, except that the number of officers from
each reserve component who are covered by this subsection and
are not serving in a position that is a joint duty assignment
for purposes of chapter 38 of this title may not exceed 5 per
component, unless authorized by the Secretary of Defense.
``(2) Notice to congress.--Not later than 30 days after
authorizing a number of reserve component general or flag
officers in excess of the number specified in paragraph (1),
the Secretary of Defense shall notify the Committees on Armed
Services of the Senate and the House of Representatives of such
authorization, and shall include with such notice a statement
of the reason for such authorization.''.
(2) Conforming amendment.--Section 525 of such title is
amended by adding at the end the following new subsection:
``(h) The provisions of this section shall not apply to
appointments in general officer grades and flag officer grades made
after December 31, 2017. For provisions applicable to the distribution
of appointments in such grades after that date, see section 525a of
this title.''.
(b) Authorized Strengths of General and Flag Officers on Active
Duty After December 31, 2017.--
(1) Reform.--Chapter 32 of title 10, United States Code, is
further amended by inserting after section 526 the following
new section:
``Sec. 526a. Authorized strength after December 31, 2017: general 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, 2017, may not
exceed the number specified for the armed force concerned as follows:
``(1) For the Army, 173.
``(2) For the Navy, 121.
``(3) For the Air Force, 148.
``(4) For the Marine Corps, 47.
``(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). The
Secretary shall allocate those exclusions to the armed forces
based on the number of general or flag officers required from
each armed force for assignment to these designated positions.
``(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, 63.
``(B) For the Navy, 45.
``(C) For the Air Force, 54.
``(D) For the Marine Corps, 15.
``(3) Distribution across particular grades.--The number
excluded under paragraph (1) and serving in positions
designated under that paragraph--
``(A) in the grade of general or admiral may not
exceed the aggregate number of officers serving as
Chairman of the Joint Chiefs of Staff, Vice Chairman of
the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air
Force, Commandant of the Marine Corps, commander of any
unified or specified combatant commands, Commander,
United States Forces Korea, two additional officers in
the grade of general or admiral arising from the
limitation after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2017
on the number unified combatant commands pursuant to
section 161(b) of this title, and one additional
officer in the grade of general or admiral designated
by the President and appointed by and with the advice
and consent of the Senate;
``(B) in a grade above the grade of major general
or rear admiral may not exceed 42; and
``(C) in the grade of major general or rear admiral
may not exceed 74.
``(4) Notice to congress.--Not later than 30 days after
determining to raise or lower a number specified in paragraph
(2), the Secretary of Defense shall notify the Committees on
Armed Services of the Senate and the House of Representatives
of such determination.
``(5) Positions held by reserve officers.--
``(A) In general.--The Chairman of the Joint Chiefs
of Staff may designate up to 11 general and flag
officer positions in the unified and specified
combatant commands, and up to three general and flag
officer positions on the Joint Staff, as positions to
be held only by reserve component officers who are in a
general or flag officer grade below lieutenant general
or vice admiral. Each position so designated shall be
considered to be a joint duty assignment position for
purposes of chapter 38 of this title.
``(B) Exception from limitation.--Except as
provided in subparagraph (E), a reserve component
officer serving in a position designated under
subparagraph (A) while on active duty under a call or
order to active duty that does not specify a period of
180 days or less shall not be counted for the purposes
of the limitations under subsection (a) and under
section 525a of this title if the officer was selected
for service in that position in accordance with the
procedures specified in subparagraph (C).
``(C) Procedures generally.--Whenever a vacancy
occurs, or is anticipated to occur, in a position
designated under subparagraph (A)--
``(i) the Secretary of Defense shall
require the Secretary of the Army to submit the
name of at least one Army reserve component
officer, the Secretary of the Navy to submit
the name of at least one Navy Reserve officer
and the name of at least one Marine Corps
Reserve officer, and the Secretary of the Air
Force to submit the name of at least one Air
Force reserve component officer for
consideration by the Secretary for assignment
to that position; and
``(ii) the Chairman of the Joint Chiefs of
Staff may submit to the Secretary of Defense
the name of one or more officers (in addition
to the officers whose names are submitted
pursuant to clause (i)) for consideration by
the Secretary for assignment to that position.
``(D) Performance evaluation of recommended
officers.--Whenever the Secretaries of the military
departments are required to submit the names of
officers under subparagraph (C)(i), the Chairman of the
Joint Chiefs of Staff shall submit to the Secretary of
Defense the Chairman's evaluation of the performance of
each officer whose name is submitted under that
subparagraph (and of any officer whose name the
Chairman submits to the Secretary under subparagraph
(C)(ii) for consideration for the same vacancy).
``(E) Inapplicability of exception.--Subparagraph
(B) does not apply in the case of an officer serving in
a position designated under subparagraph (A) if the
Secretary of Defense, when considering officers for
assignment to fill the vacancy in that position which
was filled by that officer, did not have a
recommendation for that assignment from each Secretary
of a military department who (pursuant to subparagraph
(C)) was required to make such a recommendation.
``(c) Exclusion of Certain Reserve Officers.--
``(1) Active duty for training or less than 180 days.--The
limitations of this section do not apply to a reserve component
general or flag officer who is on active duty for training or
who is on active duty under a call or order specifying a period
of less than 180 days.
``(2) Specified number on active duty for not more than 365
days.--The limitations of this section also do not apply to a
number, as specified by the Secretary of the military
department concerned, of reserve component general or flag
officers authorized to serve on active duty for a period of not
more than 365 days. The number so specified for an armed force
may not exceed the number equal to 10 percent of the authorized
number of general or flag officers, as the case may be, of that
armed force under section 12004a of this title. In determining
such number, any fraction shall be rounded down to the next
whole number, except that such number shall be at least one.
``(3) Limited number on active duty for more than 365
days.--The limitations of this section do not apply to a
reserve component general or flag officer who is on active duty
for a period in excess of 365 days but not to exceed three
years, except that the number of such officers from each
reserve component who are covered by this paragraph and not
serving in a position that is a joint duty assignment for
purposes of chapter 38 of this title may not exceed 5 per
component, unless authorized by the Secretary of Defense.
``(d) Exclusion of Certain Officers Pending Separation or
Retirement or Between Senior Positions.--The limitations of this
section do not apply to a general or flag officer who is covered by an
exception under section 525a(e) of this title.
``(e) Temporary Exclusion for Assignment to Certain Temporary
Billets.--
``(1) In general.--The limitations in subsection (a) and in
section 525a(a) of this title do not apply to a general or flag
officer assigned to a temporary joint duty assignment
designated by the Secretary of Defense.
``(2) Duration of exclusion.--A general 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.
``(f) 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 an extension under this sentence at the
same time.
``(g) 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,
2018, counted toward the statutory limit of general
officers or flag officers of that armed force under
subsection (a).
``(3) Limitation.--If, at any time, the actual number of
general officers or flag officers of an armed force who count
toward the statutory limit of general officers or flag officers
of that armed force under subsection (a) exceeds such statutory
limit, then no increase described in paragraph (1) for that
armed force may occur until the general officer or flag officer
total for that armed force is reduced to or below such
statutory limit.
``(h) Joint Duty Assignment Baseline.--
``(1) Notice and wait requirement.--If the Secretary of
Defense, the Secretary of a military department, or the
Chairman of the Joint Chiefs of Staff proposes an action that
would increase above the baseline the number of general
officers and flag officers of the armed forces in joint duty
assignments who count against the statutory limit under
subsection (b)(1), the action shall not take effect until after
the end of the 60-calendar day period beginning on the date on
which such Secretary or the Chairman, as the case may be,
provides notice of the proposed action, including the rationale
for the action, to the Committees on Armed Services of the
Senate and the House of Representatives.
``(2) Baseline defined.--In paragraph (1), the term
`baseline' means the lower of--
``(A) the statutory limit on general officer and
flag officer positions that are joint duty assignments
under subsection (b)(1); or
``(B) the actual number of general officers and
flag officers who, as of January 1, 2016, were in joint
duty assignments counted toward the statutory limit
under subsection (b)(1).
``(3) Limitation.--If, at any time, the actual number of
general officers and flag officers in joint duty assignments
counted toward the statutory limit under subsection (b)(1)
exceeds such statutory limit, then no increase described in
paragraph (1) may occur until the number of general officers
and flag officers in joint duty assignments is reduced to or
below such statutory limit.
``(i) 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 such title 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, 2017. For provisions applicable to the
number of such officers after that date, see section 526a of this
title''.
(c) Strength in Grade of Reserve General and Flag Officers in
Active Status.--
(1) Reform.--Chapter 1201 of title 10, United States Code,
is amended by inserting after section 12004 the following new
section:
``Sec. 12004a. Strength in grade after December 31, 2017: reserve
general and flag officers in an active status
``(a) In General.--The authorized strengths of the Army, Air Force,
and Marine Corps in reserve general officers in an active status, and
the authorized strength of the Navy in reserve flag officers in an
active status, after December 31, 2017, are as follows:
``(1) In the Army, 155.
``(2) In the Air Force, 117.
``(3) In the Navy, 36.
``(4) In the Marine Corps, 7.
``(b) Aggregate Number of Certain National Guard Officers.--
``(1) In general.--The aggregate number of general officers
described in paragraph (2) serving on active duty after
December 31, 2017, may not exceed the number equal to 75
percent of the aggregate number of such officers who were
serving on active duty as of December 31, 2015.
``(2) Covered general officers.--The general officers
described in this paragraph are the following:
``(A) General officers of the National Guard of the
States and territories.
``(B) General officers serving in the National
Guard Bureau
``(c) Exclusion of Certain Army and Air Force Officers.--The
following Army and Air Force reserve officers shall not be counted for
purposes of this section:
``(1) Officers serving as adjutants general or assistant
adjutants general of a State.
``(2) Except as provided in subsection (b), officers
serving in the National Guard Bureau.
``(3) Officers counted under section 526a of this title.
``(4) Officers serving in a joint duty assignment for
purposes of chapter 38 of this title, except that the number of
officers who may be excluded under this paragraph may not
exceed the number equal to 20 percent of the number of officers
authorized for the armed force concerned by subsection (a).
``(d) Exclusion of Certain Navy Officers.--
``(1) In general.--The following Navy reserve officers
shall not be counted for purposes of this section:
``(A) Officers counted under section 526a of this
title.
``(B) Officers serving in a joint duty assignment
for purposes of chapter 38 of this title, except that
the number of officers who may be excluded under this
paragraph may not exceed the number equal to 20 percent
of the number of officers authorized for the Navy in
subsection (a).
``(2) Scope of exclusion.--Not more than 50 percent of the
officers in an active status authorized under this section for
the Navy may serve in a grade above the grade of rear admiral
(lower half).
``(e) Exclusion of Certain Marine Corps Officers.--The following
Marine Corps reserve officers shall not be counted for purposes of this
section:
``(1) Officers counted under section 526a of this title.
``(2) Officers serving in a joint duty assignment for
purposes of chapter 38 of this title, except that the number of
officers who may be excluded under this paragraph may not
exceed the number equal to 20 percent of the number of officers
authorized for the Marine Corps in subsection (a).
``(f) 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 or other non-joint active
duty assignment, but only during the 60-day period beginning on the
date the officer departs the joint duty or other active 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 in an active status from
each reserve component may be covered by an extension under this
sentence at the same time.
``(g) Preservation of Grade.--
``(1) Army and air force officers.--A reserve general
officer of the Army or Air Force may not be reduced in grade
because of a reduction in the number of general officers
authorized under subsection (a).
``(2) Navy and marine corps officers.--An officer of the
Navy Reserve or the Marine Corps Reserve may not be reduced in
permanent grade because of a reduction in the number authorized
by this section for the officer's grade.''.
(2) Conforming amendment.--Section 12004 of such title is
amended by adding at the end the following new subsection:
``(g) The provisions of this section shall not apply to authorized
strengths for reserve general and flag officers after December 31,
2017. For provisions applicable to the authorized strengths of such
officers after that date, see section 12004a of this title.''.
(d) Clerical Amendments.--
(1) Chapter 32.--The table of sections at the beginning of
chapter 32 of title 10, United States Code, is amended--
(A) by inserting after the item relating to section
525 the following new item:
``525a. Distribution of commissioned officers on active duty in general
officer grades and flag officer grades
after December 31, 2017.''.
(B) by inserting after the item relating to section
526 the following new item:
``526a. Authorized strength after December 31, 2017: general and flag
officers on active duty.''.
(2) Chapter 1201.--The table of sections at the beginning
of chapter 1201 of such is amended by inserting after the item
relating to section 12004 the following new item:
``12004a. Strength in grade after December 31, 2017: reserve general
and flag officers in an active status.''.
SEC. 502. REPEAL OF STATUTORY SPECIFICATION OF GENERAL OR FLAG OFFICER
GRADE FOR VARIOUS POSITIONS IN THE ARMED FORCES.
(a) Assistants to CJCS for NG Matters and Reserve Matters.--
(1) In general.--Section 155a of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by striking the
item relating to section 155a.
(b) Legal Counsel to CJCS.--Section 156 of title 10, United States
Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Director of Test Resource Management Center.--Section 196(b)(1)
of title 10, United States Code, is amended by striking the second and
third sentences.
(d) Director of Missile Defense Agency.--
(1) In general.--Section 203 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 8 of such title is amended by striking the
item relating to section 203.
(e) Joint 4-star Positions.--Section 604(b) of title 10, United
States Code, is amended by striking paragraph (3).
(f) Senior Members of Military Staff Committee of UN.--Section 711
of title 10, United States Code, is amended by striking the second
sentence.
(g) Chief of Staff to President.--
(1) In general.--Section 720 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 41 of such title is amended by striking
the item relating to section 720.
(h) Attending Physician to Congress.--
(1) In general.--Section 722 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 41 of such title is amended by striking
the item relating to section 722.
(i) Physician to White House.--
(1) In general.--Section 744 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 43 of such title is amended by striking
the item relating to section 744.
(j) Chief of Legislative Liaison of the Army.--Section 3023(a) of
title 10, United States Code, is amended by striking the second
sentence.
(k) Chiefs of Branches of the Army.--Section 3036(b) of title 10,
United States Code, is amended in the flush matter following paragraph
(2)--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``, and while so
serving, has the grade of lieutenant general''.
(l) Judge Advocate General of the Army.--Section 3037(a) of title
10, United States Code, is amended by striking the last two sentences.
(m) Chief of Army Reserve.--Section 3038(c) of title 10, United
States Code, is amended--
(1) in the subsection heading, by striking ``; Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(n) Deputy and Assistant Chiefs of Branches of the Army.--
(1) In general.--Section 3039 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 305 of such title is amended by striking
the item relating to section 3039.
(o) Chief of Army Nurse Corps.--Section 3069(b) of title 10, United
States Code, is amended by striking the second sentence.
(p) Assistant Chiefs of Army Medical Specialist Corps.--
(1) In general.--Section 3070 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``and assistant
chiefs'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection
(c).
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 3070. Army Medical Specialist Corps: organization; Chief''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 307 of such title is amended by striking
the item relating to section 3070 and inserting the following
new item:
``3070. Army Medical Specialist Corps: organization; Chief.''.
(q) Judge Advocate General's Corps of the Army.--Section 3072 of
title 10, United States Code, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(r) Chief of Veterinary Corps of the Army.--
(1) In general.--Section 3084 of title 10, United States
Code, is amended by striking the second sentence.
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 3084. Chief of Veterinary Corps''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 307 is amended by striking the item
relating to section 3084 and inserting the following new item:
``3084. Chief of Veterinary Corps.''.
(s) Army Aides.--
(1) In general.--Section 3543 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 343 of such title is amended by striking
the item relating to section 3543.
(t) Principal Military Deputy to Assistant Secretary of the Navy
for RD&A.--Section 5016(b)(4)(B) of title 10, United States Code, is
amended by striking ``a vice admiral of the Navy or a lieutenant
general of the Marine Corps'' and inserting ``an officer of the Navy or
the Marine Corps''.
(u) Chief of Naval Research.--Section 5022 of title 10, United
States Code, is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(v) Chief of Legislative Affairs of the Navy.--Section 5027(a) of
title 10, United States Code, is amended by striking the second
sentence.
(w) Director for Expeditionary Warfare.--Section 5038 of title 10,
United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(x) SJA to Commandant of the Marine Corps.--Section 5046(a) of
title 10, United States Code, is amended by striking the last sentence.
(y) Legislative Assistant to Commandant of the Marine Corps.--
Section 5047 of title 10, United States Code, is amended by striking
the second sentence.
(z) Bureau Chiefs of the Navy.--
(1) In general.--Section 5133 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 513 of such title is amended by striking
the item relating to section 5133.
(aa) Chief of Dental Corps of the Navy.--Section 5138 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``not below the grade of
rear admiral (lower half)''; and
(2) in subsection (c), by striking the first sentence.
(bb) Bureau of Naval Personnel.--
(1) In general.--Section 5141 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking the first
sentence; and
(B) in subsection (b), by striking the first
sentence.
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 5141. Chief of Naval Personnel; Deputy Chief of Naval
Personnel''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 513 of such title is amended by striking
the item relating to section 5141 and inserting the following
new item:
``5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel.''.
(cc) Chief of Chaplains of the Navy.--Section 5142 of title 10,
United States Code, is amended by striking subsection (e).
(dd) Chief of Navy Reserve.--Section 5143(c) of title 10, United
States Code, is amended--
(1) in the subsection heading, by striking ``; Grade'';
(2) by striking ``(1)'';
(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)'';
(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;
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(hh) Chiefs of Staff Corps of the Navy.--Section 5150 of title 10,
United States Code, is amended--
(1) in subsection (b)(2), by striking ``Subject to
subsection (c), the Secretary'' and inserting ``The
Secretary''; and
(2) by striking subsection (c).
(ii) Principal Military Deputy to Assistant Secretary of the Air
Force for Acquisition.--Section 8016(b)(4)(B) of title 10, United
States Code, is amended by striking ``a lieutenant general'' and
inserting ``an officer''.
(jj) Chief of Legislative Liaison of the Air Force.--Section
8023(a) of title 10, United States Code, is amended by striking the
second sentence.
(kk) Judge Advocate General and Deputy Judge Advocate General of
the Air Force.--Section 8037 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking the last sentence; and
(2) in subsection (d)(1), by striking the last sentence.
(ll) Chief of the Air Force Reserve.--Section 8038(c) of title 10,
United States Code, is amended--
(1) in the subsection heading, by striking ``; Grade'';
(2) by striking ``(1)'';
(3) by striking paragraph (2).
(mm) Chief of Chaplains of the Air Force.--Section 8039 of title
10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(2) by striking subsection (c).
(nn) Chief of Air Force Nurses.--
(1) In general.--Section 8069 of title 10, United States
Code, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``Positions of Chief and Assistant Chief'' and
inserting ``Position of Chief''; and
(ii) by striking ``and assistant chief'';
(B) in subsection (b), by striking the second
sentence; and
(C) by striking subsection (c).
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 8069. Air Force nurses: Chief; appointment''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 807 of such title is amended by striking
the item relating to section 8069 and inserting the following
new item:
``8069. Air Force nurses: Chief; appointment.''.
(oo) Assistant Surgeon General for Dental Services of the Air
Force.--Section 8081 of title 10, United States Code, is amended by
striking the second sentence.
(pp) Air Force Aides.--
(1) In general.--Section 8543 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 843 is amended by striking the item
relating to section 8543.
(qq) Dean of Faculty of the Air Force Academy.--Section 9335(b) of
title 10, United States Code, is amended by striking the first and
third sentences.
(rr) Vice Chief of the National Guard Bureau.--Section 10505(a) of
title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by adding ``and'' at the
end;
(B) in subparagraph (D), by striking ``; and'' at
the end and inserting a period; and
(C) by striking subparagraph (E); and
(2) by striking subsection (c).
(ss) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of title 10, United States Code, is amended in each of
subparagraphs (A) and (B)--
(1) by striking ``general''; and
(2) by striking ``, and shall hold the grade of lieutenant
general while so serving,''.
SEC. 503. TEMPORARY SUSPENSION OF OFFICER GRADE STRENGTH TABLES.
(a) DOPMA Tables.--Section 523(a) of title 10, United States Code,
is amended--
(1) in paragraphs (1) and (2), by inserting ``paragraph (4)
and'' after ``Except as provided in''; and
(2) by adding at the end the following new paragraph:
``(4) The limitations in paragraphs (1) and (2) shall not apply
with respect to fiscal years 2017 through 2021.''.
(b) ROPMA Tables.--Section 12011(a) of title 10, United States
Code, is amended--
(1) in paragraphs (1) and (2), by striking ``Of the'' and
inserting ``Except as provided in paragraph (3), of the''; and
(2) by adding at the end the following new paragraph:
``(3) The limitations in paragraphs (1) and (2) shall not apply
with respect to fiscal years 2017 through 2021.''.
SEC. 504. ENHANCED AUTHORITY FOR SERVICE CREDIT FOR EXPERIENCE OR
ADVANCED EDUCATION UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.
(a) Service Credit Sufficient for Appointment as Regular Colonel or
Navy Captain.--Subsection (b)(2) of section 533 of title 10, United
States Code, is amended--
(1) by striking ``in the case of a medical and dental
officer'';
(2) by striking ``major'' and inserting ``colonel''; and
(3) by striking ``lieutenant commander'' and inserting
``captain''.
(b) Restatement and Modification of Service Credit for Cyberspace
Experience or Advanced Education.--
(1) Restatement and modification.--Subsection (b)(1) of
such section is amended by adding at the end the following new
subparagraph:
``(F)(i) If the Secretary concerned determines that the
number of commissioned officers with cyberspace-related
experience or advanced education serving on active duty in an
armed force under the jurisdiction of the Secretary is
critically below the number needed, a period of constructive
service for the following:
``(I) Special experience or training in a
particular cyberspace-related field if such experience
or training is directly related to the operational
needs of the armed force concerned.
``(II) Any period of advanced education in a
cyberspace-related field beyond the baccalaureate
degree level if such advanced education is directly
related to the operational needs of the armed force
concerned.
``(ii) Constructive service credited an officer under this
subparagraph shall not exceed one year for each year of special
experience, training, or advanced education.
``(iii) Constructive service credited an officer under this
subparagraph is in addition to any service credited the officer
under subsection (a), and shall be credited at the time of the
original appointment of the officer.''.
(2) Repeal of superseded authority.--Such section is
further amended by striking subsection (g).
(c) Technical Amendment.--Subsection (c) of such section is amended
by inserting ``, (e),'' after ``subsection (b)''.
SEC. 505. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND OFFICERS OF
PARTICULAR MERIT BE PLACED AT THE TOP OF THE PROMOTION
LIST.
(a) Authority of Promotion Boards To Recommend Officers of
Particular Merit Be Placed at Top of Promotion List.--Section 616 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(g)(1) In selecting the officers to be recommended for promotion,
a selection board may, when authorized by the Secretary of the military
department concerned, recommend officers of particular merit, from
among those officers selected for promotion, to be placed at the top of
the promotion list promulgated by the Secretary under section 624(a)(1)
of this title.
``(2) The number of such officers placed at the top of the
promotion list may not exceed the number equal to 20 percent of the
maximum number of officers that the board is authorized to recommend
for promotion in such competitive category. If the number determined
under this subsection is less than one, the board may recommend one
such officer.
``(3) No officer may be recommended to be placed at the top of the
promotion list unless the officer receives the recommendation of at
least a majority of the members of a board for such placement.
``(4) For the officers recommended to be placed at the top of the
promotion list, the board shall recommend the order in which these
officers should be promoted.''.
(b) Officers of Particular Merit Appearing at Top of Promotion
List.--Section 624(a)(1) of such title is amended by inserting ``,
except such officers of particular merit who were approved by the
President and recommended by the board to be placed at the top of the
promotion list under section 616(g) of this title as these officers
shall be placed at the top of the promotion list in the order
recommended by the board'' after ``officers on the active-duty list''.
SEC. 506. 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. 507. LENGTH OF JOINT DUTY ASSIGNMENTS.
(a) In General.--Subsection (a) of section 664 of title 10, United
States Code, is amended by striking ``assignment--'' and all that
follows and inserting ``assignment shall be not less than two years.''.
(b) Repeal of Authority for Shorter Length for Officers Initially
Assigned to Critical Occupational Specialties.--Such section is further
amended by striking subsection (c).
(c) Exclusions From Tour Length.--Subsection (d) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``the standards prescribed in subsection (a)'' and inserting
``the requirement in subsection (a)'';
(2) in paragraph (1)(D), by striking ``assignment--'' and
all that follows and inserting ``assignment as prescribed by
the Secretary of Defense in regulations.'';
(3) by striking paragraph (2);
(4) by redesignating paragraph (3) as paragraph (2); and
(5) in paragraph (2), as redesignated by paragraph (4) of
this subsection, by striking ``the applicable standard
prescribed in subsection (a)'' and inserting ``the requirement
in subsection (a)''.
(d) Repeal of Average Tour Length Requirements.--Such section is
further amended by striking subsection (e).
(e) Full Tour of Duty.--Subsection (f) of such section is amended--
(1) in paragraph (1), by striking ``standards prescribed in
subsection (a)'' and inserting ``the requirement in subsection
(a)'';
(2) by striking paragraphs (2) and (4);
(3) by redesignating paragraphs (3), (5), and (6) as
paragraphs (2), (3), and (4), respectively; and
(4) in paragraph (4), as redesignated by paragraph (3) of
this subsection, by striking ``, but not less than two years''.
(f) Constructive Credit.--Subsection (h) of such section is
amended--
(1) by striking ``(1)'';
(2) by striking ``accord'' and inserting ``award''; and
(3) by striking paragraph (2).
(g) Conforming Amendments.--Such section is further amended--
(1) by redesignating subsections (d), (f), (g), and (h), as
amended by this section, as subsections (c), (d), (e), and (f),
respectively;
(2) in paragraph (2) of subsection (c), as so redesignated
and amended, by striking ``subsection (f)(3)'' and inserting
``subsection (d)(2)''.
(3) paragraph (2) of subsection (d), as so redesignated and
amended, by striking ``subsection (g)'' and inserting
``subsection (e)'';
(4) in subsection (e), as so redesignated and amended, by
striking ``subsection (f)(3)'' and inserting ``subsection
(d)(2)''; and
(5) in subsection (f), as so redesignated and amended, by
striking ``paragraphs (1), (2), and (4) of subsection (f)'' and
inserting ``subsection (d)(1)''.
SEC. 508. MODIFICATION OF DEFINITIONS RELATING TO JOINT OFFICER
MANAGEMENT.
(a) Joint Matters.--Subsection (a) of section 668 of title 10,
United States Code, is amended--
(1) by striking paragraph (1), by striking ``matters
related to'' and all that follows and inserting ``matters
related to--
``(A) developing or achieving 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--
``(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; or
``(v) combined operations with military
forces of allied nations; or
``(B) acquisition matters conducted by members of
the armed forces and covered by chapter 87 of this
title involved in developing, testing, contracting,
producing, or fielding of multi-service programs or
systems;
``(C) homeland security matters conducted in close
coordination with Federal, State, or local agencies in
support of natural disasters or emergencies; or
``(D) other matters designated in regulations by
the Secretary of Defense in consultation with the
Chairman of the Joint Chiefs of Staff.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ```integrated military
forces''' and inserting ```integrated
forces'''; and
(ii) by striking ``the planning or
execution (or both) of operations involving''
and inserting ``participants from''; and
(B) in subparagraph (B), by adding at the end the
following new clause:
``(iv) State and local governments, when in
support of natural disasters or emergencies,
including planning activities relating
thereto.''.
(b) Joint Duty Assignment.--Subsection (b)(1)(A) of such section is
amended by inserting ``preponderance of the officer's duties are
involved in joint matters in which the'' after ``in which the''.
(c) Repeal of Definition of Critical Occupational Specialty.--Such
section is further amended by striking subsection (d).
SEC. 509. CONTINUATION OF CERTAIN OFFICERS ON ACTIVE DUTY WITHOUT
REGARD TO REQUIREMENT FOR RETIREMENT FOR YEARS OF
SERVICE.
(a) Authority for Continuation on Active Duty.--
(1) In general.--Subchapter IV of chapter 36 of title 10,
United States Code, is amended by inserting after section 637
the following new section:
``Sec. 637a. Continuation on active duty: officers in certain military
specialties and career tracks
``(a) In General.--The Secretary of the military department
concerned may authorize an officer in a grade above grade O-4 to remain
on active duty after the date otherwise provided for the retirement of
the officer in section 633, 634, 635, or 636 of this title, as
applicable, if the officer has a military occupational specialty,
rating, or specialty code in a military specialty designated pursuant
to subsection (b).
``(b) Military Specialties.--Each Secretary of a military
department shall designate the military specialties in which a military
occupational specialty, rating, or specialty code, as applicable,
assigned to members of the armed forces under the jurisdiction of such
Secretary authorizes the members to be eligible for continuation on
active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active
duty pursuant to this section shall, if not earlier retired, be retired
on the first day of the month after the month in which the officer
completes 40 years of active service.
``(d) Regulations.--The Secretaries of the military departments
shall carry out this section in accordance with regulations prescribed
by the Secretary of Defense. The regulations shall specify the criteria
to be used by the Secretaries of the military departments in
designating military specialities for purposes of subsection (b).''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 36 of such title is
amended by inserting after section 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. 510. 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''.
Subtitle B--Reserve Component Management
SEC. 521. 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. 522. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS AS NOT TO BE
CONSIDERED FOR SELECTION FOR PROMOTION.
Section 14301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Certain Officers Not To Be Considered for Selection for
Promotion.--The Secretary of the military department concerned may
provide that an officer who is in an active status, but is in a duty
status in which the only points the officer accrues under section
12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that
section (relating to membership in a reserve component), shall not be
considered for selection for promotion at any time the officer
otherwise would be so considered. Any such officer may remain on the
reserve active-status list.''.
SEC. 523. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY TECHNICIANS.
Section 709(f) of title 32, United States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting
the following: ``when the appeal concerns activity occurring
while the member is in a military status, or concerns fitness
for duty in the reserve components;'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) 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 section 717 of the
Civil Rights Act of 1991 (42 U.S.C. 2000e-16) shall apply;
and''.
SEC. 524. EXTENSION OF SUICIDE PREVENTION AND RESILIENCE PROGRAMS FOR
THE NATIONAL GUARD AND RESERVES.
Section 10219(g) of title 10, United States Code, is amended by
striking ``October 1, 2017'' and inserting ``October 1, 2022''.
SEC. 525. INAPPLICABILITY OF CERTAIN LAWS TO NATIONAL GUARD TECHNICIANS
PERFORMING ACTIVE GUARD AND RESERVE DUTY.
Section 709(g) of title 32, United States Code, is 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).''.
Subtitle C--General Service Authorities
SEC. 531. RESPONSIBILITY OF CHIEFS OF STAFF OF THE ARMED FORCES FOR
STANDARDS AND QUALIFICATIONS FOR MILITARY SPECIALTIES
WITHIN THE ARMED FORCES.
(a) In General.--Except as provided in subsection (d),
responsibility within an Armed Force for establishing, approving, and
modifying the criteria, standards, and qualifications for military
speciality codes within that Armed Force shall be vested solely in the
Chief of Staff of that Armed Force.
(b) Military Specialty Codes.--For purposes of this section, a
military specialty code is as follows:
(1) A Military Occupational Speciality Code (MOS) and any
other military specialty or military occupational specialty of
the Army, in the case of the Army.
(2) A Naval Enlisted Code (NEC), Unrestricted Duty code,
Restricted Duty code, Restricted Line duty code, Staff Corps
code, Limited Duty code, Warrant Officer code, and any other
military specialty or military occupational specialty of the
Navy, in the case of the Navy.
(3) An Air Force Specialty Code (AFSC) and any other
military specialty or military occupational specialty of the
Air Force, in the case of the Air Force.
(4) A Military Occupational Speciality Code (MOS) and any
other military specialty or military occupational specialty of
the Marine Corps, in the case of the Marine Corps.
(c) Chief of Staff for Marine Corps.--For purposes of this section,
the Commandant of the Marine Corps shall be deemed to be the Chief of
Staff of the Marine Corps.
(d) Gender Integration.--Nothing in this section shall be construed
to terminate, alter, or revise the authority of the Secretary of
Defense to establish, approve, modify, or otherwise regulate gender-
based criteria, standards, and qualifications for military specialties
within the Armed Forces.
SEC. 532. LEAVE MATTERS.
(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) 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 or the adoption
of a child is allowed up to 6 weeks of leave to be used in connection
with such event.
``(2) A member described in this paragraph is a member as follows:
``(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) The taking of leave by a member under this subsection in
connection with the birth of a child shall be treated as commencing at
the conclusion of any period of medical convalescent leave resulting
from childbirth. Any such convalescent leave may be for more than six
weeks only if specifically recommended, in writing, by the member's
medical provider and approved by the member's commander.
``(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 the event concerned.
``(6)(A) Any leave authorized by this subsection that is not taken
within one year of the event concerned shall be forfeited.
``(B) Any leave authorized by this subsection for a member of a
reserve component on active duty that is not taken at 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 for purposes of this subsection, a
member taking leave under paragraph (1) may, as a condition for taking
such leave, be required--
``(A) to accept an extension of the member's current
service obligation, if any, by one week for every week of leave
taken under paragraph (1); or
``(B) to incur a reduction in the member's leave account by
one week for every week of leave taken under paragraph (1).
``(9)(A) Leave authorized by this subsection is in addition to any
other leave provided under other provisions of this section.
``(B) Medical convalescent leave under paragraph (4) is in addition
to any other leave provided under other provisions of this subsection.
``(10)(A) Subject to subparagraph (B), a member taking leave under
paragraph (1) during a period of obligated service shall not be
eligible for terminal leave, or to sell back leave, at the end such
period of obligated service.
``(B) Under the regulations for purposes of this subsection, the
Secretary concerned may waive, whether in whole or in part, the
applicability of subparagraph (A) to a member who reenlists at the end
of the member's period of obligated service described in that
subparagraph if the Secretary determines that the waiver is in the
interests of the armed force concerned.
``(j)(1) Under regulations prescribed by the Secretary of Defense,
a member of the armed forces described in subsection (i)(2) who is the
secondary caregiver in the case of the birth of a child or the adoption
of a child is allowed up to 21 days of leave to be used in connection
with such event.
``(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 the event concerned.
``(4) Under the regulations for purposes of this subsection,
paragraphs (6) through (10) of subsection (i) (other than paragraph
(9)(B) of such subsection) shall apply to leave, and the taking of
leave, authorized by this subsection.''.
(b) Prohibition on Leave Not Expressly Authorized by Law.--
(1) Prohibition.--Chapter 40 of title 10, United States
Code, is amended by inserting after section 704 the following
new section:
``Sec. 704a. Administration of leave: prohibition on authorizing,
granting, or assigning leave not expressly authorized by
law
``No member or category of members of the armed forces may be
authorized, granted, or assigned leave, including uncharged leave, not
expressly authorized by a provision of this chapter or another statute
unless expressly authorized by an Act 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 such title 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. 533. TRANSFER OF PROVISION RELATING TO EXPENSES INCURRED IN
CONNECTION WITH LEAVE CANCELED DUE TO CONTINGENCY
OPERATIONS.
(a) Enactment in Title 10, United States Code, of Authority for
Reimbursement of Expenses.--Chapter 40 of title 10, United States Code,
is amended by inserting after section 709 the following new section:
``Sec. 709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned may
reimburse a member of the armed forces under the jurisdiction of the
Secretary for travel and related expenses (to the extent not otherwise
reimbursable under law) incurred by the member as a result of the
cancellation of previously approved leave when--
``(1) the leave is canceled in connection with the
members's participation in a contingency operation; and
``(2) the cancellation occurs within 48 hours of the time
the leave would have commenced.
``(b) Regulations.--The Secretary of Defense and, in the case of
the Coast Guard when it is not operating as a service in the Navy, the
Secretary of Homeland Security shall prescribe regulations to establish
the criteria for the applicability of subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final and
conclusive.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 40 of such title is amended by inserting after the item
relating to section 709 the following new item:
``709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement.''.
(c) Repeal of Superseded Authority.--Section 453 of title 37,
United States Code, is amended by striking subsection (g).
SEC. 534. REDUCTION OF TENURE ON THE TEMPORARY DISABILITY RETIRED LIST.
(a) Reduction of Tenure.--Section 1210 of title 10, United States
Code, is amended--
(1) in subsection (b), by striking ``five years'' and
inserting ``three years''; and
(2) in subsection (h), by striking ``five years'' and
inserting ``three years''.
(b) Applicability.--The amendments made by subsection (a) shall
take effect on January 1, 2017, and shall apply to members of the Armed
Forces whose names are placed on the temporary disability retired list
on or after that date.
SEC. 535. PROHIBITION ON ENFORCEMENT OF MILITARY COMMISSION RULINGS
PREVENTING MEMBERS OF THE ARMED FORCES FROM CARRYING OUT
OTHERWISE LAWFUL DUTIES BASED ON MEMBER GENDER.
(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 gender of such member.
(b) Applicability to Prior Orders, etc..--In the case of an order,
ruling, finding, or other determination described in subsection (a)
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 the
enactment of this Act, such order, ruling, finding, or determination
shall be deemed to be vacated and null and void only to the extent of
any prohibition or restriction on the duties of members of the Armed
Forces that is based on the gender of members.
(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.
SEC. 536. BOARD FOR THE CORRECTION OF MILITARY RECORDS AND DISCHARGE
REVIEW BOARD MATTERS.
(a) BCMR Matters.--
(1) Composition of boards in certain claims.--Subsection
(a) of section 1552 of title 10, United States Code, is
amended--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3)(A) In the case of a claim of a claimant described in section
1553(d)(1) of this title with respect to a discharge or dismissal
described in such section, the board established under this subsection
shall include a clinical psychologist or psychiatrist, or a physician
described in such section.
``(B) In the case of a claim of a claimant described in section
1553(e) of this title with respect to a discharge or dismissal
described in such section, the board established under this subsection
shall include a clinical psychologist or psychiatrist, or physician
described in such section.''.
(2) Information through the internet.--Such section is
further amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) 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 factor or factors alleged to have contributed,
whether in whole or part, to the original characterization of
discharge or release of claimants, including, specifically,
whether such factor or factors included conditions such as
post-traumatic stress disorder, traumatic brain injury, or
other conditions.
``(3) The periods of military service of claimants in the
claims covered by paragraph (1).
``(4) 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) Information on DRBs Through the Internet.--Section 1553 of such
title 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 factor or factors alleged to have contributed,
whether in whole or part, to the original characterization of
discharge or release of individuals covered by such motions or
requests, including, specifically, whether such factor or
factors included conditions such as post-traumatic stress
disorder, traumatic brain injury, or other conditions.
``(3) The periods of military service of former members in
the motions and requests for review covered by paragraph (1).
``(4) 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. 536A. 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 paragraph (1) and (2),
in the case of a former member described in subparagraph (B), the Board
shall--
``(i) review medical evidence of the Secretary of Veterans
Affairs or a civilian health care provider that is presented by
the former member; and
``(ii) review the case with liberal consideration to the
former member that post-traumatic stress disorder or traumatic
brain injury potentially contributed to the circumstances
resulting in the discharge of a lesser characterization.
``(B) A former member described in this subparagraph is a former
member described in paragraph (1) or a former member whose application
for relief is based in whole or in part on matters relating to post-
traumatic stress disorder or traumatic brain injury as supporting
rationale, or as justification for priority consideration, whose post-
traumatic stress disorder or traumatic brain injury is related to
combat or military sexual trauma, as determined by the Secretary
concerned.''.
SEC. 537. RECONCILIATION OF CONTRADICTORY PROVISIONS RELATING TO
QUALIFICATIONS FOR ENLISTMENT IN THE RESERVE COMPONENTS
OF THE ARMED FORCES.
Section 12102(b) of title 10, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) that person has met the requirements established in
section 504(b)(1) of this title; or
``(2) that person is authorized to enlist by the Secretary
concerned under section 504(b)(2) of this title.''.
Subtitle D--Military Justice and Legal Assistance Matters
PART I--RETALIATION
SEC. 541. REPORT TO COMPLAINANTS OF RESOLUTION OF INVESTIGATIONS INTO
RETALIATION.
(a) Report Required.--
(1) In general.--Under regulations prescribed by the
Secretary of Defense, the results of an investigation by an
office, element, or personnel of the Department of Defense or
the Armed Forces of a complaint by a member of the Armed Forces
of retaliation shall be reported to the member, 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 reports on the
results of investigations by offices, elements, or personnel of
the Department of Homeland Security or the Coast Guard of such
complaints made by members of the Coast Guard when it is not
operating as a service in the Navy.
(b) Retaliation Defined.--In this section, the term ``retaliation''
has the meaning given the term by the Secretary of Defense in the
strategy required by section 539 of the National Defense Authorization
Act of Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a
subsequent meaning specified by the Secretary.
SEC. 542. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL ON SEXUAL
ASSAULT TRAUMA IN INDIVIDUALS CLAIMING RETALIATION IN
CONNECTION WITH REPORTS OF SEXUAL ASSAULT IN THE ARMED
FORCES.
(a) In General.--The Secretary of Defense shall ensure that the
personnel of the Department of Defense specified in subsection (b) who
investigate claims of retaliation in connection with reports of sexual
assault in the Armed Forces receive training on 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) Personnel.--The personnel of the Department of Defense
specified in this subsection 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. 543. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION AND
RESPONSE EFFORTS OF THE ARMED FORCES OF INFORMATION ON
COMPLAINTS OF RETALIATION IN CONNECTION WITH REPORTS OF
SEXUAL ASSAULT IN THE ARMED FORCES.
Section 1631(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (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 Forces
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. 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.
PART II--OTHER MILITARY JUSTICE MATTERS
SEC. 546. DISCRETIONARY AUTHORITY FOR MILITARY JUDGES TO DESIGNATE AN
INDIVIDUAL TO ASSUME THE RIGHTS OF THE VICTIM OF AN
OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE WHEN
THE VICTIM IS A MINOR, INCOMPETENT, INCAPACITATED, OR
DECEASED.
Section 806b(c) of title 10, United States Code (article 6b(c) of
the Uniform Code of Military Justice), is amended by striking ``shall
designate'' and inserting ``may designate''.
SEC. 547. APPELLATE STANDING OF VICTIMS IN ENFORCING RIGHTS OF VICTIMS
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Victim as Real Party in Interest During Appellate Review.--
Section 806b of title 10, United States Code (article 6b of the Uniform
Code of Military Justice), is amended by adding at the end the
following new subsection:
``(f) Victim as Real Party in Interest During Appellate Review.--
(1) If counsel for the accused or the Government files appellate
pleadings under section 866 or 867 of this title (article 66 or 67),
the victim of an offense under this chapter may file pleadings as a
real party in interest when the victim's rights under the rules
specified in paragraph (2) are implicated. The victim's right to file
pleadings as a real party in interest includes the right to do so
through counsel, including through a Special Victims' Counsel under
section 1044e of this title.
``(2) Paragraph (1) applies with respect to the protections
afforded by the following:
``(A) Military Rule of Evidence 412, relating to the
admission of evidence regarding a victim's sexual background.
``(B) Military Rule of Evidence 513, relating to the
psychotherapist-patient privilege.
``(C) Military Rule of Evidence 514, relating to the victim
advocate-victim privilege.
``(3) In this subsection, the term `victim of an offense under this
chapter' means an individual who has suffered direct physical,
emotional, or pecuniary harm as a result of the commission of an
offense under this chapter (the Uniform Code of Military Justice) and
for which there was a guilty finding that is the subject of appeal
under section 866 or 867 of this title (article 66 or 67).''.
(b) Notice of Appellate and Post-trial Matters.--Subparagraph (C)
of subsection (a)(2)of such section (article) is amended to read as
follows:
``(C) A court-martial and any appellate matters,
including post-trial review, relating to the
offense.''.
SEC. 548. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MARTIAL.
(a) Program for Effective Prosecution and Defense.--Each 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; or
(2) there is adequate supervision and oversight of the
trial counsel and the defense counsel so detailed to ensure
effective prosecution and defense in the court-martial.
(b) Skill Identifiers.--
(1) In general.--Each Secretary concerned shall establish
and use a system of skill identifiers for purposes of
identifying judge advocates with skill and experience in
military justice proceedings in order to ensure that judge
advocates with skills identified through such skill identifiers
are assigned to supervise and oversee less experienced judge
advocates in the prosecution and defense in courts-martial when
required under a program carried out pursuant to subsection
(a).
(2) Use of civilian employees.--In addition to judge
advocates assignable pursuant to paragraph (1), a Secretary
concerned may assign the function of supervising and overseeing
prosecution or defense in courts-martial as described in that
paragraph to civilian employees of the military department
concerned or the Department of Homeland Security, as
applicable, who have extensive litigation expertise.
(3) Status as supervisor.--A judge advocate or civilian
employee assigned to supervise and oversee the prosecution or
defense in a court-martial pursuant to this subsection is not
required to be detailed to the case, but must be reasonably
available for consultation during court-martial proceedings.
(c) Definitions.--In this section
(1) The term ``judge advocate'' has the meaning given that
term in section 801(13) of title 10, United States Code
(article 1(13) of the Uniform Code of Military Justice).
(2) The term ``Secretary concerned'' means the following:
(A) The Secretary of the Army, with respect to
judge advocates and courts-martial of the Army.
(B) The Secretary of the Navy, with respect to
judge advocates and courts-martial of the Navy and the
Marine Corps.
(C) The Secretary of the Air Force, with respect to
judge advocates and courts-martial of the Air Force.
(D) The Secretary of Homeland Security with respect
to judge advocates of the Coast Guard and courts-
martial of the Coast Guard when it is not operating as
a service in the Navy.
SEC. 549. PILOT PROGRAMS ON MILITARY JUSTICE CAREER TRACK FOR JUDGE
ADVOCATES.
(a) Pilot Programs Required.--Each Secretary of each military
department shall carry out a pilot program to assess the feasibility
and advisability of a military justice career track for judge advocates
in the Armed Forces under the jurisdiction of the Secretary.
(b) Duration.--Each pilot program under this section shall be for a
period of five years.
(c) Elements.--Each pilot program under this section shall include
the following:
(1) A military justice career track for judge advocates
that leads to judge advocates with military justice expertise
in the grade of colonel, or in the grade of captain in the case
of judge advocates of the Navy, to prosecute and defend complex
cases in military courts-martial.
(2) The use of the suspension of limitations on the number
of certain commissioned officers on active duty under section
523(a) of title 10, United States Code, by reason of paragraph
(4) of that section (as added by section 503 of this Act), to
increase the number of authorized commissioned officers in pay
grades O-4 through O-6 in order to accommodate the increased
numbers of judge advocates in such grades required in
connection with the pilot program.
(3) The use of skill identifiers to identify judge
advocates for participation in the pilot program from among
judge advocates having appropriate skill and experience in
military justice matters.
(4) Guidance for promotion boards considering the selection
for promotion of officers participating in the pilot program in
order to ensure that judge advocates who are participating in
the pilot program have the same opportunity for promotion as
all other judge advocate officers being considered for
promotion by such boards.
(5) Such other matters as the Secretary of the military
department concerned considers appropriate.
(d) Report.--Not later than four years 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 pilot programs under this section. The
report shall include the following:
(1) A description and assessment of each pilot program.
(2) Such recommendations as the Secretary considers
appropriate in light of the pilot programs, including whether
any pilot program should be extended or made permanent.
SEC. 550. MODIFICATION OF DEFINITION OF SEXUAL HARASSMENT FOR PURPOSES
OF INVESTIGATIONS OF COMPLAINTS OF HARASSMENT BY
COMMANDING OFFICERS.
(a) In General.--Section 1561(i) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``(constituting a form of sex
discrimination)''; and
(B) in subparagraph (B), by striking ``the work
environment'' and inserting ``the environment''; and
(2) in paragraph (3), by striking ``in the workplace''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to complaints described in section 1561 of title 10,
United States Code, that are first received by a commanding officer or
officer in charge on or after that date.
SEC. 551. EXTENSION AND CLARIFICATION OF ANNUAL REPORTS REGARDING
SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Extension.--Subsection (a) of section 1631 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561
note) is amended by striking ``2017'' and inserting ``2025''.
(b) Scope of Reporting Requirement.--Such section is further
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Sexual Assaults Covered by Reporting Requirement.--The sexual
assaults contained in a report under subsection (a) pursuant to
paragraphs (1) and (2) of subsection (b) shall include all reported
sexual assaults, regardless of the age of the offender or victim or the
relationship status between the offender and victim, including, at a
minimum, all sexual assault reports received by the Sexual Assault
Prevention and Response Program, or equivalent, and the Family Advocacy
Program, or equivalent, of each Armed Force.''.
(c) Reporting Deadlines.--
(1) Military department reports to secretary of defense.--
Subsection (a) of such section, as amended by subsection (a) of
this section, is further amended by striking ``and each March
1, thereafter through March 1,'' and inserting ``each March 1
thereafter through March 1, 2016, and each February 1
thereafter though February 1,''.
(2) Secretary of defense reports to congress.--Subsection
(e) of such section, as redesignated by subsection (b)(1) of
this section, is amended by striking ``April 30'' and inserting
``March 31''.
SEC. 552. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY
INSTRUMENTS.
(a) Expansion of Authority To Execute Military Testamentary
Instruments.--
(1) In general.--Paragraph (2) of section 1044d(c) of title
10, United States Code, is amended to read as follows:
``(2) the execution of the instrument is notarized by--
``(A) a military legal assistance counsel;
``(B) a person who is authorized to act as a notary
under section 1044a of this title who--
``(i) is not an attorney; and
``(ii) is supervised by a military legal
assistance counsel; or
``(C) a State-licensed notary employed by a
military department or the Coast Guard who is
supervised by a military legal assistance counsel;''.
(2) Clarification.--Paragraph (3) of such section is
amended by striking ``presiding attorney'' and inserting
``person notarizing the instrument in accordance with paragraph
(2)''.
(b) Expansion of Authority To Notarize Documents to Civilians
Serving in Military Legal Assistance Offices.--Section 1044a(b) of such
title 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. 553. UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.
(a) Modification of Term of Two Judges of the Court To Restore
Rotation of Judges.--
(1) Modification of term of office.--Notwithstanding
section 942(b)(2) of title 10, United States Code (article
142(b)(2) of the Uniform Code of Military Justice)--
(A) the term of Judge Scott W. Stucky as a judge of
the United States Court of Appeals for the Armed Forces
shall expire on July 31, 2022; and
(B) the term of Judge Margaret A. Ryan as a judge
of the United States Court of Appeals for the Armed
Forces shall expire on July 31, 2020.
(2) Saving provision.--No person mentioned in paragraph
(1), and no survivor of any such person, shall be deprived of
any annuity provided by section 945 of title 10, United States
Code (article 145 of the Uniform Code of Military Justice), or
under the applicable provisions of title 5, United States Code,
by reason of that paragraph.
(b) Modification of Daily Rate of Compensation for Senior Judges
Performing Judicial Duties With the Court.--Section 942(e)(2) of such
title (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.''.
(c) Clarification of Authority of Judges of the Court To Administer
Oaths and Acknowledgments.--Subsection (c) of section 936 of such title
(article 136 of the Uniform Code of Military Justice) is amended to
read as follows:
``(c) Each judge and senior judge of the United States Court of
Appeals for the Armed Forces shall have the powers relating to oaths,
affirmations, and acknowledgments provided to justices and judges of
the United States by section 459 of title 28.''.
(d) Repeal of Requirement Relating to Political Party Status of
Judges of the Court.--Section 942(b)(3) of such title (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''.
(e) Repeal of Dual Compensation Provision Relating to Judges of the
Court.--Section 945 of such title (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. 554. 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,''.
Subtitle E--Member Education, Training, and Transition
SEC. 561. LIMITATION ON TUITION ASSISTANCE FOR OFF-DUTY TRAINING OR
EDUCATION.
Section 2007(a) of title 10, United States Code, is amended by
inserting ``, but only if the Secretary determines that such education
or training is likely to contribute to the member's professional
development'' after ``during the member's off-duty periods''.
SEC. 562. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE ARMED FORCES
IN OBTAINING PROFESSIONAL CREDENTIALS.
(a) Scope of Program.--Subsection (a)(1) of section 2015 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.--
Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``is accredited by an
accreditation body that'' and all that follows and inserting
``meets one of the requirements specified in paragraph (2).'';
and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) The requirements for a credentialing program specified in
this paragraph are that the credentialing program--
``(A) is accredited by a nationally-recognized third-party
personnel certification program accreditor;
``(B)(i) is sought or accepted by employers within the
industry or sector involved as a recognized, preferred, or
required credential for recruitment, screening, hiring,
retention, or advancement purposes; and
``(ii) where appropriate, is endorsed by a nationally-
recognized trade association or organization representing a
significant part of the industry or sector;
``(C) grants licenses that are recognized by the Federal
Government or a State government; or
``(D) meets credential standards of a Federal agency.''.
SEC. 563. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS OF INSTITUTIONS
OF HIGHER EDUCATION PROVIDING CERTAIN ADVISING AND
STUDENT SUPPORT SERVICES.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by inserting after section 2012 the following new section:
``Sec. 2012a. Access to Department of Defense installations:
institutions of higher education providing certain
advising and student support services
``(a) Access.--
``(1) Access to be permitted.--The Secretary of Defense
shall grant access to Department of Defense installations to
any institution of higher education that--
``(A) has entered into a Voluntary Education
Partnership Memorandum of Understanding with the
Department for the purpose of providing at the
installation concerned timely face-to-face student
advising and related support services to members of the
armed forces and other persons who are eligible for
assistance under Department of Defense educational
assistance programs and authorities; and
``(B) has been approved to provide such advising
and support services by the educational service office
of the installation concerned.
``(2) Scope of access.--Access shall be granted under
paragraph (1) in a nondiscriminatory manner to any institution
covered by that paragraph regardless of the particular learning
modality offered by that institution.
``(b) Regulations.--The Secretary shall prescribe in regulations
the time and place of access required pursuant to subsection (a). The
regulations shall provide the following:
``(1) The opportunity for institutions of higher education
to receive regular and recurring access at times and places
that ensure maximum opportunity for students to obtain advising
and support services described in subsection (a).
``(2) Access in a degree in proportion to the number of
students enrolled by each institution of higher education.
``(c) Definitions.--In this section:
``(1) The term `Department of Defense educational
assistance programs and authorities' has the meaning given the
term `Department of Defense educational assistance programs and
authorities covered by this section' in section 2006a(c)(1) of
this title.
``(2) The term `institution of higher education' has the
meaning given that term in section 2006a(c)(2) of this title.
``(3) The term `Voluntary Education Partnership Memorandum
of Understanding' has the meaning given that term in Department
of Defense Instruction 1322.25, entitled `Voluntary Education
Programs', or any successor Department of Defense
Instruction.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by inserting after the item
relating to section 2012 the following new item:
``2012a. Access to Department of Defense installations: institutions of
higher education providing certain advising
and student support services.''.
SEC. 564. PRIORITY PROCESSING OF APPLICATIONS FOR TRANSPORTATION WORKER
IDENTIFICATION CREDENTIALS FOR MEMBERS UNDERGOING
DISCHARGE OR RELEASE FROM THE ARMED FORCES.
(a) Priority Processing.--The Secretary of Defense shall consult
with the Secretary of Homeland Security to afford a priority in the
processing of applications for a Transportation Worker Identification
Credential (TWIC) to applications submitted by members of the Armed
Forces who are undergoing separation, discharge, or release from the
Armed Forces under honorable conditions, with such priority to provide
for the review and adjudication of such an application by not later
than 14 days after submittal, unless an appeal or waiver applies or
further application documentation is necessary. The priority shall be
so afforded commencing not later than 180 days after the date of the
enactment of this Act to members who undergo separation, discharge, or
release from the Armed Forces after the date on which the priority so
commences being afforded.
(b) Memorandum of Understanding.--The Secretary of Defense and the
Secretary of Homeland Security shall enter into a memorandum of
understanding in connection with achieving the requirement in
subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Homeland Security shall jointly submit to the appropriate committees of
Congress a report on the implementation of the requirements of this
section. The report shall set forth the following:
(1) The memorandum of understanding required pursuant to
subsection (b).
(2) A description of the number of individuals who applied
for, and the number of individuals who have been issued, a
Transportation Worker Identification Credential pursuant to the
memorandum of understanding as of the date of the report.
(3) If any applications for a Transportation Worker
Identification Credential covered by paragraph (2) were not
reviewed and adjudicated within the deadline specified in
subsection (a), a description of the reasons for the failure
and of the actions being taken to assure that future
applications for a Credential are reviewed and adjudicated
within the deadline.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
Subtitle F--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 section 4301, $25,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2017
pursuant to section 301 and available for operation and maintenance for
Defense-wide activities as specified in the funding table in section
4301, $5,000,000 shall be available for payments under section 363 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 573. IMPACT AID AMENDMENTS.
(a) 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)), as amended by sections 7001 and
7004(2)(B) of the Every Student Succeeds Act (Public Law 114-
95; 129 Stat. 2074, 2077), is further amended to read as
follows:
``(I) is a local educational
agency--
``(aa) whose boundaries are
the same as a Federal military
installation; or
``(bb)(AA) whose boundaries
are the same as an island
property designated by the
Secretary of the Interior to be
property that is held in trust
by the Federal Government; and
``(BB) that has no taxing
authority;''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect with respect to appropriations for use under
title VII of the Elementary and Secondary Education Act of
1965, as amended by the Every Student Succeeds Act (Public Law
114-95; 129 Stat. 1802), beginning with fiscal year 2017 and as
if enacted as part of title VII of the Every Student Succeeds
Act.
(b) Special Rule Regarding the Per-pupil Expenditure Requirement.--
(1) References.--Except as otherwise expressly provided,
any reference in this subsection to a section or other
provision of title VII of the Elementary and Secondary
Education Act of 1965 shall be considered to be a reference to
the section or other provision of such title VII as amended by
the Every Student Succeeds Act (Public Law 114-95; 129 Stat.
1802).
(2) In general.--Notwithstanding section 5(d) of the Every
Student Succeeds Act (Public Law 114-95; 129 Stat. 1806) or
section 7003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)), with respect to any
application submitted under section 7005 of such Act (20 U.S.C.
7705) for eligibility consideration under subclause (II) or (V)
of section 7003(b)(2)(B)(i) of such Act for fiscal year 2017,
2018, or 2019, the Secretary of Education shall determine that
a local educational agency meets the per-pupil expenditure
requirement for purposes of such subclause (II) or (V), as
applicable, only if--
(A) in the case of a local educational agency that
received a basic support payment for fiscal year 2001
under section 8003(b)(2)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)(B)) (as such section was in effect for such
fiscal year), the agency, for the year for which the
application is submitted, has a per-pupil expenditure
that is less than the average per-pupil expenditure of
the State in which the agency is located or the average
per-pupil expenditure of all States (whichever average
per-pupil expenditure is greater), except that a local
educational agency with a total student enrollment of
less than 350 students shall be deemed to have
satisfied such per-pupil expenditure requirement; or
(B) in the case of a local educational agency that
did not receive a basic support payment for fiscal year
2015 under such section 8003(b)(2)(B), as so in effect,
the agency, for the year for which the application is
submitted--
(i) has a total student enrollment of 350
or more students and a per-pupil expenditure
that is less than the average per-pupil
expenditure of the State in which the agency is
located; or
(ii) has a total student enrollment of less
than 350 students and a per-pupil expenditure
that is less than the average per-pupil
expenditure of a comparable local educational
agency or 3 comparable local educational
agencies (whichever average per-pupil
expenditure is greater), in the State in which
the agency is located.
(c) 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 (a) and sections 7001 and 7004 of the
Every Student Succeeds Act (Public Law 114-95; 129 Stat. 2074,
2077), is further amended--
(A) in subclause (IV) of subparagraph (B)(i)--
(i) in the matter preceding item (aa), by
inserting ``received a payment for fiscal year
2015 under section 8003(b)(2)(E) (as such
section was in effect for such fiscal year)
and'' before ``has'';
(ii) in item (aa), by striking ``50'' and
inserting ``35''; and
(iii) by striking item (bb) and inserting
the following:
``(bb)(AA) not less than
3,500 of such children are
children described in
subparagraphs (A) and (B) of
subsection (a)(1); or
``(BB) not less than 7,000
of such children are children
described in subparagraph (D)
of subsection (a)(1);''; and
(B) in subparagraph (D)--
(i) in clause (i)--
(I) in subclause (I), by striking
``clause (ii)'' and inserting ``clauses
(ii), (iii), and (iv)''; and
(II) in subclause (II)--
(aa) by inserting
``received a payment for fiscal
year 2015 under section
8003(b)(2)(E) (as such section
was in effect for such fiscal
year) and'' after ``agency
that'';
(bb) by striking ``50
percent'' and inserting ``35
percent'';
(cc) by striking
``subsection (a)(1) and not
less than 5,000'' and inserting
the following: ``subsection
(a)(1) and--
``(aa) not less than
3,500''; and
(dd) by striking
``subsection (a)(1).'' and
inserting the following:
``subsection (a)(1); or
``(bb) not less than 7,000
of such children are children
described in subparagraph (D)
of subsection (a)(1).'';
(ii) in clause (ii), by striking ``shall be
1.35.'' and inserting the following: ``shall
be--
``(I) for fiscal year 2016, 1.35;
``(II) for each of fiscal years
2017 and 2018, 1.38;
``(III) for fiscal year 2019, 1.40;
``(IV) for fiscal year 2020, 1.42;
and
``(V) for fiscal year 2021 and each
fiscal year thereafter, 1.45.''; and
(iii) by adding at the end the following:
``(iii) Factor for children who live off
base.--For purposes of calculating the maximum
amount described in clause (i), the factor used
in determining the weighted student units under
subsection (a)(2) with respect to children
described in subsection (a)(1)(D) shall be--
``(I) for fiscal year 2016, .20;
``(II) for each of fiscal years
2017 and 2018, .22;
``(III) for each of fiscal years
2019 and 2020, .25; and
``(IV) for fiscal year 2021 and
each fiscal year thereafter--
``(aa) .30 with respect to
each of the first 7,000
children; and
``(bb) .25 with respect to
the number of children that
exceeds 7,000.
``(iv) Special rule.--Notwithstanding
clauses (ii) and (iii), for fiscal year 2020 or
any succeeding fiscal year, if the number of
students who are children described in
subparagraphs (A) and (B) of subsection (a)(1)
for a local educational agency subject to this
subparagraph exceeds 7,000 for such year or the
number of students who are children described
in subsection (a)(1)(D) for such local
educational agency exceeds 12,750 for such
year, then--
``(I) the factor used, for the
fiscal year for which the determination
is being made, to determine the
weighted student units under subsection
(a)(2) with respect to children
described in subparagraphs (A) and (B)
of subsection (a)(1) shall be 1.40; and
``(II) the factor used, for such
fiscal year, to determine the weighted
student units under subsection (a)(2)
with respect to children described in
subsection (a)(1)(D) shall be .20.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect with respect to appropriations for use under
title VII of the Elementary and Secondary Education Act of 1965
beginning with fiscal year 2017 and as if enacted as part of
title VII of the Every Student Succeeds Act (Public Law 114-95;
129 Stat. 2074).
(3) Special rules.--
(A) Applicability for fiscal year 2016.--
Notwithstanding any other provision of law, in making
basic support payments under section 8003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(2)) for fiscal year 2016, the Secretary
of Education shall carry out subparagraphs (B)(i) and
(E) of such section as if the amendments made to
subparagraphs (B)(i)(IV) and (D) of section 7003(b)(2)
of such Act (as amended and redesignated by this
subsection and the Every Student Succeeds Act (Public
Law 114-95; 129 Stat. 1802)) had also been made to the
corresponding provisions of section 8003(b)(2) of the
Elementary and Secondary Education Act of 1965, as in
effect on the day before the date of enactment of the
Every Student Succeeds Act.
(B) Loss of eligibility.--For fiscal year 2016 or
any succeeding fiscal year, if a local educational
agency is eligible for a basic support payment under
subclause (IV) of section 7003(b)(2)(B)(i) of the
Elementary and Secondary Education Act of 1965 (as
amended by this section and the Every Student Succeeds
Act (Public Law 114-95; 129 Stat. 1802)) or through a
corresponding provision under subparagraph (A), such
local educational agency shall be ineligible to apply
for a payment for such fiscal year under any other
subclause of such section (or, for fiscal year 2016,
any other item of section 8003(b)(2)(B)(i)(II) of the
Elementary and Secondary Education Act of 1965).
(C) Payment amounts.--If, before the date of
enactment of this Act, a local educational agency
receives 1 or more payments under section 8003(b)(2)(E)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(b)(2)(E)) for fiscal year 2016, the sum
of which is greater than the amount the Secretary of
Education determines the local educational agency is
entitled to receive under such section in accordance
with subparagraph (A)--
(i) the Secretary shall allow the local
educational agency to retain the larger amount;
and
(ii) such local educational agency shall
not be eligible to receive any additional
payment under such section for fiscal year
2016.
SEC. 574. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE TRANSITION
AND SUPPORT OF MILITARY DEPENDENT STUDENTS TO LOCAL
EDUCATIONAL AGENCIES.
(a) Extension.--Section 547(c)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note)
is amended by striking ``September 30, 2016'' and inserting ``September
30, 2017''.
(b) Information To Be Included With Future Requests for
Extension.--The budget justification materials that accompany any
budget of the President for a fiscal year after fiscal year 2017 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) that includes a request for the extension of section
547(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 547(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. 575. COMPTROLLER GENERAL OF THE UNITED STATES ANALYSIS OF
UNSATISFACTORY CONDITIONS AND OVERCROWDING AT PUBLIC
SCHOOLS ON MILITARY INSTALLATIONS.
(a) In General.--The Comptroller General of the United States shall
conduct an analysis of the condition and capacity of public schools on
military installations. The analysis shall include schools that were
omitted from the July 2011 Department of Defense analysis of such
schools.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report setting forth the analysis required by subsection (a). The
report shall include the following:
(1) The Numerical Condition Index and Condition Rating of
each public school on a military installation, with a ranking
of such schools based on the severity of unsafe conditions and
facility deficiencies.
(2) The Percentage Over or Under Capacity and the Capacity
Rating for each school.
(3) An identification and assessment of the schools likely
to become overcrowded, or face condition deficiencies, during
the five-year period beginning on the date of the report, based
on anticipated changes in the force structure or deteriorating
conditions.
(4) A ranking of schools nationwide based on severity of
unsatisfactory conditions and on overcrowding.
(5) Such other information as the Comptroller General
considers appropriate to establish priorities for the
renovation, repair, or revitalization of schools in order to
address unsatisfactory conditions and overcrowding.
SEC. 576. ENHANCED FLEXIBILITY IN PROVISION OF RELOCATION ASSISTANCE TO
MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
(a) Geographic Requirement.--Paragraph (1) of subsection (c) of
section 1056 of title 10, United States Code, is amended by striking
the second, third, and fourth sentences and inserting the following new
sentence: ``Such relocation assistance programs shall ensure that
members of the armed forces and their families are provided relocation
assistance regardless of geographic location.''.
(b) Computerized Information System.--Such subsection is further
amended--
(1) in paragraph (2)--
(A) by striking ``available through each military''
and inserting ``a''; and
(B) by striking ``all other military relocation
assistance programs'' and inserting ``the relocation
assistance programs''; and
(2) in paragraph (3)--
(A) by striking ``Duties of each military
relocation assistance program shall include assisting''
and inserting ``Assistance shall be provided to''; and
(B) by striking ``the program'' and inserting ``a
relocation assistance program''.
(c) Discharge Through Program Manager.--Subsection (d) of such
section is amended to read as follows:
``(d) Program Manager.--The Secretary of Defense shall establish
the position of Program Manager of Military Relocation Assistance in
the office of the Assistant Secretary of Defense for Manpower and
Reserve Affairs. The Program Manager shall oversee the development and
implementation of relocation assistance under this section.''.
SEC. 577. 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
subsection (b) of section 226 of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13031) 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 Navy 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 subsection
(c) of section 226 of the Victims of Child Abuse Act of 1990.
(b) Reports to State Child Welfare Services.--Section 226 of the
Victims of Child Abuse Act of 1990 (title II of Public Law 101-647; 104
Stat. 4806; 42 U.S.C. 13031) is amended--
(1) in subsection (a), by inserting `` and to the agency or
agencies provided for in subsection (e), if applicable'' before
the period;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Reporters and Recipient of Report Involving Children and
Homes of Members of the Armed Forces.--
``(1) Recipients of reports.--In the case of an incident
described in subsection (a) involving a child in the family or
home of member of the Armed Forces (regardless of whether the
incident occurred on or off a military installation), the
report required by subsection (a) shall be made to the
appropriate child welfare services agency or agencies of the
State in which the child resides. The Attorney General, the
Secretary of Defense, and the Secretary of Homeland Security
(with respect to the Navy 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. 578. BACKGROUND CHECKS FOR EMPLOYEES OF AGENCIES AND SCHOOLS
PROVIDING ELEMENTARY AND SECONDARY EDUCATION FOR
DEPARTMENT OF DEFENSE DEPENDENTS.
(a) Background Checks.--Commencing not later than two years after
the date of the enactment of this Act, each covered local educational
agency and each Department of Defense domestic dependent elementary and
secondary school established pursuant to section 2164 of title 10,
United States Code, shall have in effect policies and procedures that--
(1) require that a criminal background check be conducted
for each school employee of the agency or school, respectively,
that includes--
(A) a search of the State criminal registry or
repository of the State in which the school employee
resides;
(B) a search of State-based child abuse and neglect
registries and databases of the State in which the
school employee resides;
(C) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919);
(2) prohibit the employment of a school employee as a
school employee at the agency or school, respectively, if such
employee--
(A) refuses to consent to a criminal background
check under paragraph (1);
(B) makes a false statement in connection with such
criminal background check;
(C) has been convicted of a felony consisting of--
(i) murder;
(ii) child abuse or neglect;
(iii) a crime against children, including
child pornography;
(iv) spousal abuse;
(v) a crime involving rape or sexual
assault;
(vi) kidnapping;
(vii) arson; or
(viii) physical assault, battery, or a
drug-related offense, committed on or after the
date that is five years before the date of such
employee's criminal background check under
paragraph (1); or
(D) has been convicted of any other crime that is a
violent or sexual crime against a minor;
(3) require that each criminal background check conducted
under paragraph (1) be periodically repeated or updated in
accordance with policies established by the covered local
educational agency or the Department of Defense (in the case of
a Department of Defense domestic dependent elementary and
secondary school established pursuant to section 2164 of title
10, United States Code);
(4) upon request, provide each school employee who has had
a criminal background check under paragraph (1) with a copy of
the results of the criminal background check;
(5) provide for a timely process, by which a school
employee of the school or agency may appeal, but which does not
permit the employee to be employed as a school employee during
such appeal, the results of a criminal background check
conducted under paragraph (1) which prohibit the employee from
being employed as a school employee under paragraph (2) to--
(A) challenge the accuracy or completeness of the
information produced by such criminal background check;
and
(B) establish or reestablish eligibility to be
hired or reinstated as a school employee by
demonstrating that the information is materially
inaccurate or incomplete, and has been corrected; and
(6) allow the covered local educational agency or school,
as the case may be, to share the results of a school employee's
criminal background check recently conducted under paragraph
(1) with another local educational agency that is considering
such school employee for employment as a school employee.
(b) Fees for Background Checks.--The Attorney General, attorney
general of a State, or other State law enforcement official may charge
reasonable fees for conducting a criminal background check under
subsection (a)(1), but such fees shall not exceed the actual costs for
the processing and administration of the criminal background check.
(c) Definitions.--In this section:
(1) Covered local educational agency.--The term ``covered
local educational agency'' means a local educational agency
that receives funds--
(A) under subsection (b) or (d) of section 8003, or
section 8007, of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703, 7707), as such sections
are in effect before the effective date for title VII
of the Every Student Succeeds Act (Public Law 114-95);
or
(B) under subsection (b) or (d) of section 7003, or
section 7007, of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703, 7707), beginning on the
effective date of such title VII.
(2) School employee.--The term ``school employee'' means--
(A) a person who--
(i) is an employee of, or is seeking
employment with--
(I) a covered local educational
agency; or
(II) a Department of Defense
domestic dependent elementary and
secondary school established pursuant
to section 2164 of title 10, United
States Code, such elementary and
secondary school; and
(ii) as a result of such employment, has
(or will have) a job duty that results in
unsupervised access to elementary school or
secondary school students; or
(B)(i) any person, or an employee of any person,
who has a contract or agreement to provide services to
a covered local educational agency or a Department of
Defense domestic dependent elementary and secondary
school established pursuant to section 2164 of title
10, United States Code; and
(ii) such person or employee, as a result of such
contract or agreement, has a job duty that results in
unsupervised access to elementary school or secondary
school students.
SEC. 579. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE FOR CHILDREN
OF MILITARY FAMILIES.
(a) In General.--The Secretary of Defense may provide financial or
non-monetary support to qualified nonprofit organizations in order to
assist such organizations in carrying out programs to support the
attendance at a camp or camp-like setting of children of military
families.
(b) Reports to DoD.--Each organization that receives support from
the Secretary pursuant to subsection (a) shall submit to the Secretary
a report on the use of such support containing such information as the
Secretary considers appropriate.
SEC. 580. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
EXCEPTIONAL FAMILY MEMBER PROGRAMS.
(a) Report Required.--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 Committees on Armed Services of the Senate and the
House of Representatives a report on the effectiveness of each
Exceptional Family Member Program (EFMP) of the Armed Forces.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of the differences between the
Exceptional Family Member Programs of the Armed Forces.
(2) A description and assessment of the manner in which
Exceptional Family Member Programs are implemented on joint
bases and installations.
(3) An assessment whether all children of members of each
Armed Forces are screened for potential coverage under the
Exceptional Family Member Program.
(4) An assessment of the degree to which conditions of
children of members of the Armed Forces who qualify for
coverage under an Exceptional Family Member Program are taken
into account in making assignments of military personnel.
(5) An assessment of the degree to which medical and
educational services are available to address the conditions
identified by the screening described in (3) in children of
members of the Armed Forces who qualify for coverage under an
Exceptional Family Member Program.
(6) An assessment whether the Department of Defense has
implemented specific directives for providing family support
and enhanced case management services, such as special needs
navigators, to families with special needs children.
(7) An assessment whether the Department has conducted
periodic reviews of best practices in the United States for the
provision of medical and educational services to children with
special needs.
(8) An assessment whether the Department has established an
advisory panel on community support for military families with
special needs.
(9) An assessment of the uniform policy for the Department
regarding families with special needs required by section
1781c(e) of title 10, United States Code.
(10) An assessment of the implementation of the uniform
policy described in paragraph (9).
(11) An assessment of the implementation by each Armed
Force of the recommendations in the Government Accountability
Report entitled ``Military Dependent Students, Better Oversight
Needed to Improve Services for Children with Special Needs''
(GAO-12-680).
SEC. 581. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS' EDUCATION.
Section 1411 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 929) is repealed.
Subtitle G--Decorations and Awards
SEC. 586. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO CHARLES S.
KETTLES FOR ACTS OF VALOR DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award the Medal of
Honor under section 3741 of such title to Charles S. Kettles for the
acts of valor during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Charles S. Kettles during combat
operations on May 15, 1967, while serving as Flight Commander, 176th
Aviation Company, 14th Aviation Battalion, Task Force Oregon, Republic
of Vietnam, for which he was previously awarded the Distinguished
Service Cross.
SEC. 587. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARY M. ROSE
FOR ACTS OF VALOR DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized to award
the Medal of Honor under section 3741 of such title to Gary M. Rose for
the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Gary M. Rose in Laos from September
11 through 14, 1970, during the Vietnam War while a member of the
United States Army, Military Assistance Command Vietnam-Studies and
Observation Group (MACVSOG).
SEC. 588. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS TO
CHAPLAIN (FIRST LIEUTENANT) JOSEPH VERBIS LAFLEUR FOR
ACTS OF VALOR DURING WORLD WAR II.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the Secretary of the Army may award the
Distinguished Service Cross under section 3742 of that title to
Chaplain (First Lieutenant) Joseph Verbis LaFleur for the acts of valor
referred to in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Chaplain (First Lieutenant) Joseph
Verbis LaFleur while interned as a Prisoner of War by Japan from
December 30, 1941, to September 7, 1944.
SEC. 589. 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.
Subtitle H--Miscellaneous Reports and Other Matters
SEC. 591. APPLICABILITY OF MILITARY SELECTIVE SERVICE ACT TO FEMALE
CITIZENS AND PERSONS.
Section 3 of the Military Selective Service Act (50 U.S.C. 3802) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) The duty to register imposed on male citizens and persons
residing in the United States by subsection (a) shall apply to female
citizens of the United States and female persons residing in the United
States who attain the age of 18 years on or after January 1, 2018.
``(2) The responsibilities and rights of female registrants under
this Act shall be the responsibilities and rights of male registrants
under this Act, and shall be subject to such terms, conditions, and
limitations as are applicable under the provisions of this Act to
similarly situated male registrants.
``(3) Any reference in this Act to a registrant or other person
subject to the duties, responsibilities, and rights of a registrant
under this Act shall be deemed to refer to female citizens of the
United States and female persons residing in the United States
registering pursuant to this subsection.''.
SEC. 592. 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. Senior Military Acquisition Advisors
``(a) Position.--
``(1) In general.--The Secretary of Defense may establish
in the Defense Acquisition Corps positions 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
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) 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. 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 2021, 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 causes of attrition throughout the
Entry Level Training continuum, by gender and military
occupational specialty.
(5) Reclassification rates and causes of reclassification
throughout the Entry Level Training continuum, by gender and
military occupational specialty.
(6) Injury rates and causes of injury throughout the Entry
Level Training continuum, by gender and military occupational
specialty.
(7) Injury rates and nondeployability rates in newly-opened
ground combat military occupational specialties, by gender and
military occupational specialty.
(8) A comparative analysis of injury rates, causes of
injury, and nondeployability rates under paragraphs (6) and (7)
with injury rates, causes of injury, and nondeployability rates
in similar military occupational specialties of allied
countries, including Australia, Canada, Israel, and the United
Kingdom, and a comparative analysis of the mitigation factors
used by the United States with respect to such injury and
nondeployability and the mitigation factors used by such
countries with respect to such injury and nondeployability.
(9) Lateral move approval rates into newly-opened military
occupational specialties, by gender and military occupational
specialty.
(10) Reenlistment and retention rates in newly-opened
ground combat military occupational specialties, by gender and
military occupational specialty.
(11) Promotion rates in newly-opened ground combat military
occupational specialties, by grade and gender.
(12) 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 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.
SEC. 595. REPEAL OF REQUIREMENT FOR A CHAPLAIN AT THE UNITED STATES AIR
FORCE ACADEMY APPOINTED BY THE PRESIDENT.
(a) Repeal.--Section 9337 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 903 of such title is amended by striking the item related to
section 9337.
SEC. 596. 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. 597. REPORT ON DISCHARGE BY WARRANT OFFICERS OF PILOT AND OTHER
FLIGHT OFFICER POSITIONS IN THE NAVY, MARINE, CORPS, AND
AIR FORCE CURRENTLY DISCHARGED BY COMMISSIONED OFFICERS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy and the Secretary of
the Air Force shall each submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the feasibility
and advisability of the discharge by warrant officers of pilot and
other flight officer positions in the Armed Forces under the
jurisdiction of such Secretary that are currently discharged by
commissioned officers.
(b) Elements.--Each report under subsection (a) shall set forth,
for each Armed Force covered by such report, the following:
(1) An assessment of the feasibility and advisability of
the discharge by warrant officers of pilot and other flight
officer positions that are currently discharged by commissioned
officers.
(2) An identification of each such position, if any, for
which the discharge by warrant officers is assessed to be
feasible and advisable.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2017 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2017, the rates
of monthly basic pay for members of the uniformed services are
increased by 1.6 percent.
SEC. 602. PUBLICATION BY DEPARTMENT OF DEFENSE OF ACTUAL RATES OF BASIC
PAY PAYABLE TO MEMBERS OF THE ARMED FORCES BY PAY GRADE
FOR ANNUAL OR OTHER PAY PERIODS.
Any pay table published or otherwise issued by the Department of
Defense to indicate the rates of basic pay of the Armed Forces in
effect for members of the Armed Forces for a calendar year or other
period shall state the rate of basic pay to be received by members in
each pay grade for such year or period as specified or otherwise
provided by applicable law, including any rate to be so received
pursuant during such year or period by the operation of a ceiling under
section 203(a)(2) of title 37, United States Code, or a similar
provision in an annual defense authorization Act.
SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN
CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2017''.
SEC. 604. REFORM OF BASIC ALLOWANCE FOR HOUSING.
(a) Reform.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 403 the following new
section:
``Sec. 403a. Basic allowance for housing: members first entitled after
January 1, 2018; members entitled before January 1, 2018,
with interruption in eligibility after that date
``(a) General Entitlement.--Except as otherwise provided by law, a
member of the uniformed services covered by this section who is
entitled to basic pay is entitled to a basic allowance for housing at
the monthly rate prescribed under this section or another provision of
law with regard to the applicable component of the basic allowance for
housing. The maximum amount of the basic allowance for housing for a
member will vary according to the pay grade in which the member is
assigned or distributed for basic pay purposes and the geographic
location of the member. The basic allowance for housing may be paid in
advance.
``(b) Basic Allowance for Housing Inside the United States.--
``(1) In general.--The monthly rate of basic allowance for
housing payable under this section to a member of the uniformed
services covered by this section who is assigned to duty in the
United States shall be the rate prescribed by the Secretary of
Defense for purposes of this section.
``(2) Elements.--Subject to the provisions of this
subsection, the rates of basic allowance for housing payable
under this subsection shall meet the following requirements:
``(A) A maximum amount of the allowance shall be
established for each military housing area, based on
the costs of adequate housing in such area, for each
pay grade.
``(B) The amount of the allowance payable to a
member may not exceed the lesser of--
``(i) the actual monthly cost of housing of
the member; or
``(ii) the maximum amount determined under
subparagraph (A) for members in the member's
pay grade.
``(C) In the event two or more members occupy the
same housing, the amount of the allowance payable to
such a member may not exceed--
``(i) the amount of the allowance otherwise
payable to such member pursuant to subparagraph
(B); divided by
``(ii) the total number of members
occupying such housing.
``(D) So long as a member on retains uninterrupted
eligibility to receive the allowance and the actual
monthly cost of housing for the member is not reduced,
the monthly amount of the allowance may not be reduced
as a result of changes in housing costs in the area or
the promotion of the member.
``(3) Certain rental matters.--
``(A) Lump sum payment for deposits and advance
rent.--In the case of a member authorized payment of an
allowance under this subsection, the Secretary
concerned may make a lump-sum payment to the member for
required deposits and advance rent, and for expenses
relating thereto, that are--
``(i) incurred by the member in occupying
private housing; and
``(ii) authorized or approved under
regulations prescribed by the Secretary
concerned.
``(B) Recoupment.--The Secretary concerned shall
recoup the full amount of any deposit or advance rent
payments made by the Secretary under subparagraph (A).
``(c) Basic Allowance for Housing Outside the United States.--
``(1) In general.--The monthly rate of basic allowance for
housing payable under this section to a member of the uniformed
services covered by this section who is assigned to duty
outside in the United States shall be the rate prescribed by
the Secretary of Defense for purposes of this section.
``(2) Elements.--Subject to the provisions of this
subsection, the rates of basic allowance for housing payable
under this subsection shall meet the following requirements:
``(A) The rates shall be based on the housing costs
in the overseas area in which the member is assigned
and shall be determined in the manner specified in
subparagraphs (A) and (B) of subsection (b)(2).
``(B) In the event two or more members occupy the
same housing, the amount of the allowance payable to
such a member may not exceed--
``(i) the amount of the allowance otherwise
payable to such member pursuant to subparagraph
(A); divided by
``(ii) the total number of members
occupying such housing.
``(C) So long as a member retains uninterrupted
eligibility to receive the allowance in an overseas
area and the actual monthly cost of housing for the
member is not reduced, the monthly amount of the
allowance in the area may not be reduced as a result of
changes in housing costs in the area or the promotion
of the member. The monthly amount of the allowance may
be adjusted to reflect changes in currency rates.
``(3) Rental matters.--
``(A) Lump sum payments for deposit and advance
rent.--In the case of a member authorized payment of an
allowance under this subsection, the Secretary
concerned may make a lump-sum payment to the member for
required deposits and advance rent, and for expenses
relating thereto, that are--
``(i) incurred by the member in occupying
private housing outside of the United States;
and
``(ii) authorized or approved under
regulations prescribed by the Secretary
concerned.
``(B) Currency fluctuation losses as allowance
expenses.--Expenses for which a member may be
reimbursed under this paragraph may include losses
relating to housing that are sustained by the member as
a result of fluctuations in the relative value of the
currencies of the United States and the foreign country
in which the housing is located.
``(C) Recoupment.--The Secretary concerned shall
recoup the full amount of any deposit or advance rent
payments made by the Secretary under subparagraph (A),
including any gain resulting from currency fluctuations
between the time of payment and the time of recoupment.
``(d) Reserve and Retired Members.--
``(1) In general.--A member of a reserve component
described in paragraph (2) is entitled to a basic allowance for
housing determined in accordance with this section during the
time the member is on active duty as described in that
paragraph.
``(2) Covered members.--A member of a reserve component
described in this paragraph is a member as follows:
``(A) A member of a reserve component of the
uniformed services covered by this section without
dependents who is called or ordered to active duty to
attend accession training, in support of a contingency
operation, or for a period of more than 30 days.
``(B) A retired member of the uniformed services
covered by this section without dependents who is
ordered to active duty under section 688(a) of title 10
in support of a contingency operation or for a period
of more than 30 days.
``(e) Basic Allowance for Housing When Dependents Do Not Accompany
Member.--
``(1) In general.--A member of the uniformed services
covered by this section with dependents who is on permanent
duty at a location described in paragraph (2) may be paid a
family separation basic allowance for housing under this
subsection at a monthly rate equal to the rate of the basic
allowance for housing established under subsection (b) or the
overseas basic allowance for housing established under
subsection (c), whichever applies to that location, for members
in the same grade at that location without dependents.
``(2) Duty locations.--A permanent duty location described
in this paragraph is a location--
``(A) to which the movement of the member's
dependents is not authorized at the expense of the
United States under section 476 of this title, and the
member's dependents do not reside at or near the
location; and
``(B) at which quarters of the United States are
not available for assignment to the member.
``(3) Member assigned to different location than dependents
residence.--If a member with dependents is assigned to duty in
an area that is different from the area in which the member's
dependents reside, the member is entitled to a basic allowance
for housing as provided in subsection (b) or (c), whichever
applies to the member, subject to the following:
``(A) If the member's assignment to duty in that
area, or the circumstances of that assignment, require
the member's dependents to reside in a different area,
as determined by the Secretary concerned, the amount of
the basic allowance for housing for the member shall be
based on the area in which the dependents reside or the
member's last duty station, whichever the Secretary
concerned determines to be most equitable.
``(B) If the member's assignment to duty in that
area is under the conditions of a low-cost or no-cost
permanent change of station or permanent change of
assignment, the amount of the basic allowance for
housing for the member shall be based on the member's
last duty station if the Secretary concerned determines
that it would be inequitable to base the allowance on
the cost of housing in the area to which the member is
reassigned.
``(C) If the member is reassigned for a permanent
change of station or permanent change of assignment
from a duty station in the United States to another
duty station in the United States for a period of not
more than one year for the purpose of participating in
professional military education or training classes,
the amount of the basic allowance for housing for the
member may be based on whichever of the following areas
the Secretary concerned determines will provide the
more equitable basis for the allowance:
``(i) The area of the duty station to which
the member is reassigned.
``(ii) The area in which the dependents
reside, but only if the dependents reside in
that area when the member departs for the duty
station to which the member is reassigned and
only for the period during which the dependents
reside in that area.
``(iii) The area of the former duty station
of the member, if different than the area in
which the dependents reside.
``(4) Construction with other allowances.--A family
separation basic allowance for housing paid to a member under
this subsection is in addition to any other allowance or per
diem that the member receives under this title. A member may
receive a basic allowance for housing under both paragraphs (1)
and (3).
``(f) Effect of Assignment to Quarters.--Except as otherwise
provided by law, a member of the uniformed services covered by this
section who is assigned to quarters of the United States or a housing
facility under the jurisdiction of a uniformed service appropriate to
the grade, rank, or rating of the member and adequate for the member
and dependents of the member, if with dependents, is not entitled to a
basic allowance for housing.
``(g) Ineligibility During Initial Field Duty or Sea Duty.--
``(1) Initial field duty.--A member of the uniformed
services covered by this section without dependents who makes a
permanent change of station for assignment to a unit conducting
field operations is not entitled to a basic allowance for
housing while on that initial field duty unless the commanding
officer of the member certifies that the member was necessarily
required to procure quarters at the member's expense.
``(2) Sea duty.--A member of the uniformed services covered
by this section without dependents who is in a pay grade below
pay grade E-6 is not entitled to a basic allowance for housing
while the member is on sea duty.
``(3) Definitions.--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 Department of the
Navy, shall prescribe regulations defining the terms `field
duty' and `sea duty' for purposes of this subsection.
``(h) Temporary Housing Allowance While in Travel or Leave
Status.--A member of the uniformed services covered by this section is
entitled to a temporary basic allowance for housing (at a rate
determined by the Secretary of Defense) while the member is in a travel
or leave status between permanent duty stations, including time granted
as delay en route or proceed time, when the member is not assigned to
quarters of the United States.
``(i) Temporary Continuation of Allowance for Dependents of Members
Dying on Active Duty.--
``(1) Occupation without charge following death.--The
Secretary of Defense, or the Secretary of Homeland Security in
the case of the Coast Guard when not operating as a service in
the Navy, may allow the dependents of a member of the armed
forces covered by this section who dies on active duty and
whose dependents are occupying family housing provided by the
Department of Defense, or by the Department of Homeland
Security in the case of the Coast Guard, other than on a rental
basis, on the date of the member's death to continue to occupy
such housing without charge for a period of 365 days.
``(2) Allowance.--The Secretary concerned may pay a basic
allowance for housing (at the rate otherwise payable to the
deceased member on the date of death) to the dependents of a
member of the uniformed services covered by this section who
dies while on active duty and whose dependents--
``(A) are not occupying a housing facility under
the jurisdiction of a uniformed service on the date of
death;
``(B) are occupying such housing on a rental basis
on such date; or
``(C) vacate such housing sooner than 365 days
after the date of death.
``(3) Termination of allowance.--The payment of the
allowance under paragraph (2) shall terminate 365 days after
the date of death of the member concerned.
``(j) Members Paying Child Support.--A member of the uniformed
services covered by this section with dependents may not be paid a
basic allowance for housing at the with dependents rate solely by
reason of the payment of child support by the member if--
``(1) the member is assigned to a housing facility under
the jurisdiction of a uniformed service; or
``(2) the member is assigned to sea duty, and elects not to
occupy assigned quarters for unaccompanied personnel, unless
the member is in a pay grade above pay grade E-3.
``(k) Treatment of Low-cost and No-cost Moves as Not Being
Reassignments.--In the case of a member of the uniformed services
covered by this section who is assigned to duty at a location or under
circumstances that make it necessary for the member to be reassigned
under the conditions of low-cost or no-cost permanent change of station
or permanent change of assignment, the member may be treated for the
purposes of this section as if the member were not reassigned if the
Secretary concerned determines that it would be inequitable to base the
member's entitlement to, and amount of, a basic allowance for housing
on the cost of housing in the area to which the member is reassigned.
``(l) Administration.--This section shall be administering in
accordance with such regulations as the Secretary of Defense shall
prescribe for purposes of this section.
``(m) Member Covered by This Section Defined.--In this section, the
term `member covered by this section', with respect to a member of the
uniformed services, a member or retired member of the armed forces, or
a member of a reserve component of the armed forces, as applicable,
means the following:
``(1) A member who first becomes entitled to basic pay on
or after January 1, 2018.
``(2) In the case of a member of a reserve component or
retired member described in subsection (d), a member who is not
entitled to basic allowance for housing as of December 31,
2017, and who becomes entitled to basic allowance for housing
after that date pursuant to active duty described in that
subsection.
``(3) A member who--
``(A) is entitled to basic allowance for housing
under section 403 of this title as of December 31,
2017, within a particular housing or overseas area; and
``(B) after that date, loses uninterrupted
eligibility to receive a basic allowance for housing
within an area of the United States or an area outside
the United States, as applicable.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 403 the following new item:
``403a. Basic allowance for housing: members first entitled after
January 1, 2018; members entitled before
January 1, 2018, with interruption in
eligibility after that date.''.
(b) Conforming Amendment.--Section 403 of title 37, United States
Code, is amended by adding at the end the following new subsection:
``(p) This section does not apply to members of the uniformed
services who are covered by section 403a of this title. In general,
such coverage begins on and after January 1, 2018. For provisions
applicable to the payment of basic allowance for housing for members of
the uniformed services covered by that section after that date, see
section 403a of this title.''.
(c) Submittal of Proposed Regulations to Congress.--Not later than
March 31, 2017, the Secretary of Defense shall submit to the
congressional defense committees the regulations the Secretary purposes
to prescribe under subsection (l) of section 403a of title 37, United
States Code (as added by subsection (a)), to administer basic
allowances for housing pursuant to that section.
SEC. 605. REPEAL OF OBSOLETE AUTHORITY FOR COMBAT-RELATED INJURY
REHABILITATION PAY.
(a) Repeal.--Section 328 of title 37, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by striking the item relating to
section 328.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal commuting
distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(7) Section 351(h), relating to hazardous duty pay.
(8) Section 352(g), relating to assignment pay or special
duty pay.
(9) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(10) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 316a(g), relating to incentive pay for members
of precommissioning programs pursuing foreign language
proficiency.
(6) Section 324(g), relating to accession bonus for new
officers in critical skills.
(7) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(8) Section 327(h), relating to incentive bonus for
transfer between Armed Forces.
(9) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. 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''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAVEL EXPENSES OF RESERVES
TO ATTEND INACTIVE DUTY TRAINING OUTSIDE OR NORMAL
COMMUTING DISTANCES.
Section 478a(c) of title 37, United States Code, is amended--
(1) by striking ``The amount'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), the
amount''; and
(2) by adding at the end the following new paragraph:
``(2) Higher reimbursement amount authorized.--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 inactive
duty 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 the inactive duty
training location--
``(i) using an aircraft or boat on account
of limited or nonexistent vehicular routes to
the training location or other geographical
challenges; or
``(ii) from a permanent residence located
more than 75 miles from the training
location.''.
SEC. 622. PERIOD FOR RELOCATION OF SPOUSES AND DEPENDENTS OF CERTAIN
MEMBERS OF THE ARMED FORCES UNDERGOING A PERMANENT CHANGE
OF STATION.
(a) Period of Relocation.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section 1784a
the following new section:
``Sec. 1784b. Relocation of spouses and dependents in connection with
the permanent change of station of certain members
``(a) Election of Timing of Relocation of Spouses in Connection
With PCS.--
``(1) In general.--Subject to paragraph (2) and subsection
(c), a member of the armed forces undergoing a permanent change
of station and the member's spouse may jointly elect that the
spouse may relocate to the location to which the member will
relocate in connection with the permanent change of station at
such time during the covered relocation period as the member
and spouse jointly select.
``(2) Members and spouses eligible to make elections.--A
member and spouse may make an election pursuant to paragraph
(1) as follows:
``(A) If the spouse either--
``(i) is gainfully employed at the
beginning of the covered relocation period
concerned; or
``(ii) is enrolled in a degree,
certificate, or license granting program at the
beginning of the covered relocation period.
``(B) If the member and spouse have one or more
dependents at the beginning of the covered relocation
period concerned, either--
``(i) at least one dependent is a child in
elementary or secondary school at the beginning
of the covered relocation period;
``(ii) the spouse or at least one such
dependent are covered by the Exceptional Family
Member Program at the beginning of the covered
relocation period; or
``(iii) the member and spouse are caring at
the beginning of the covered relocation period
for an immediate family member with a chronic
or long-term illness, as determined pursuant to
the regulations applicable to the member's
armed force pursuant to subsection (g).
``(C) If the member is undergoing a permanent
change of station as an individual augmentee or other
deployment arrangement specified in the regulations
applicable to the member's armed force pursuant to
subsection (h).
``(D) If the member, spouse, or both, meet such
other qualification or qualifications as are specified
in the regulations applicable to the member's armed
force pursuant to subsection (g).
``(E) In the case of a member and spouse who do not
otherwise meet any qualification in subparagraphs (A)
through (D), if the commander of the member at the
beginning of the covered relocation period determines
that eligibility to make the election is in the
interests of the member and spouse for family stability
during the covered relocation period and in the
interests of the armed force concerned. Any such
determination shall be made on a case-by-case basis.
``(b) Election of Timing of Relocation of Certain Dependents of
Unmarried Members in Connection With PCS.--
``(1) In general.--Subject to subsection (c), a member of
the armed forces undergoing a permanent change of station who
has one or more dependents described in paragraph (2) and is no
longer married to the individual who is or was the parent
(including parent by adoption) of such dependents at the
beginning of the covered period of relocation may elect that
such dependents may relocate to the location to which the
member will relocate in connection with the permanent change of
station at such time during the covered relocation period as
elected as follows:
``(A) By the member alone if such individual is
dead or has no custodial rights in such dependents at
the beginning of such period.
``(B) By the member and such individual jointly in
all other circumstances.
``(2) Dependents.--The dependents described in this
paragraph are as follows:
``(A) Dependents over the age of 19 years for whom
the member has power of attorney regarding residence.
``(B) Dependents under the age of 20 years who will
reside with a caregiver according to the Family Care
Plan of the member during the covered period of
relocation until relocated pursuant to an election
under this subsection.
``(c) Limitation on Number of Elections.--The aggregate number of
elections made by a member under subsections (a) and (b) may not exceed
three elections.
``(d) Housing.--(1)(A) If the spouse of a member relocates before
the member in accordance with an election pursuant to subsection (a),
the member shall be assigned to quarters or other housing facilities of
the United States as a bachelor, if such quarters are available, until
the date of the member's permanent change of station.
``(B) The quarters or housing facilities to which a member is
assigned pursuant to subparagraph (A) shall, to the extent practicable,
be quarters or housing facilities that do not impose or collect a lease
fee on the member for occupancy.
``(C) If quarters or housing facilities that do not impose or
collect a lease fee for occupancy are not available for a particular
member, the quarters or housing facilities to which the member is
assigned shall be quarters or housing facilities that impose or collect
the lowest reasonable lease fee for occupancy that can be obtained for
the member by the Secretary concerned for purposes of this
subparagraph.
``(2) If a spouse and any dependents of a member covered by an
election under this section reside in housing of the United States at
the beginning of the covered period of relocation, the spouse and
dependents may continue to reside in such housing throughout the
covered period of relocation, regardless of the date of the member's
permanent change of station.
``(3) If a spouse and any dependents of a member covered by an
election under this section are eligible to reside in housing of the
United States following the member's permanent change of station, the
spouse and dependents may commence residing in such housing at any time
during the covered relocation period, regardless of the date of the
member's permanent change of station.
``(e) Transportation of Property.--(1) Transportation allowances
authorized for the transportation of the personal property of a member
and spouse making an election under subsection (a) may be allocated
either to the relocation of the member or the relocation of the family,
as the member and spouse shall elect.
``(2) In this subsection, the terms `transportation allowances' and
`personal property' have the meaning given such terms in section 451(b)
of title 37.
``(f) Approval.--(1) The Secretary of Defense shall establish a
single approval process for applications for coverage under this
section. The process shall apply uniformly among the armed forces.
``(2) Applications for approval for coverage under this section
shall consist of such elements (including documentary evidence) as the
Secretary shall prescribe for purposes of the approval process required
by this subsection.
``(3) The approval process required by this subsection shall ensure
that the processing of applications for coverage under this section is
completed in a timely manner that permits a spouse and any dependents
to relocate whenever during the covered relocation period selected in
the election concerned. In meeting that requirement, the approval
process shall provide for the processing of applications at the lowest
level in the chain of command of members as it appropriate to ensure
proper administration of this section.
``(g) Regulations.--Each Secretary concerned shall prescribe
regulations for the administration of this section with respect to the
armed force or forces under the jurisdiction of such Secretary.
``(h) Covered Relocation Period Defined.--In this section, the term
`covered relocation period', in connection with the permanent change of
station of a member, means the period that--
``(1) begins 180 days before the date of the permanent
change of station; and
``(2) ends 180 days after the date of the permanent change
of station.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is
amended by inserting after the item relating to section 1784a
the following new item:
``1784b. Relocation of spouses and dependents in connection with the
permanent change of station of certain
members.''.
(3) 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 permanent changes of station of
members of the Armed Forces that occur on or after the date
that is 180 days after such effective date.
(b) Comptroller General of the United States Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on
potential actions of the Department of Defense to enhance the
stability of military families undergoing a permanent change of
station.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comparison of the current percentage of
spouses in military families who work with the
percentage of spouses in military families who worked
in the recent past, and an assessment of the impact of
the change in such percentage on military families.
(B) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on the employment, education, and licensure of
spouses of military families.
(C) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on military children, including effect on their
mental health.
(D) An identification of potential actions of the
Department to enhance the stability of military
families undergoing a permanent change of station and
to generate cost savings in connection with such
changes of station.
(E) Such other matters as the Comptroller General
considers appropriate.
(3) Additional element on funding of military family
support programs.--In addition to the elements specified in
paragraph (2), the report required by paragraph (1) shall also
include a comparison of--
(A) the average annual amount spent by each Armed
Force over the five-year period ending on December 31,
2015, on recruiting and retention bonuses and special
pays for members of such Armed Force; with
(B) the average annual amount spent by such Armed
Force over such period on programs for military
families and support of military families.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
PART I--AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM
SEC. 631. ELECTION PERIOD FOR MEMBERS IN THE SERVICE ACADEMIES AND
INACTIVE RESERVES TO PARTICIPATE IN THE MODERNIZED
RETIREMENT SYSTEM.
(a) In General.--Paragraph (4)(C) of section 1409(b) of title 10,
United States Code, is amended--
(1) in clause (i), by striking ``and (iii)'' and inserting
``, (iii), (iv) and (v)''; and
(2) by adding at the end the following new clauses:
``(iv) Cadets and midshipmen, etc.--A
member of a uniformed service who serves as a
cadet, midshipman, or member of the Senior
Reserve Officers' Training Corps during the
election period specified in clause (i) shall
make the election described in subparagraph
(B)--
``(I) on or after the date on which
such cadet, midshipman, or member of
the Senior Reserve Officers' Training
Corps is appointed as a commissioned
officer or otherwise begins to receive
basic pay; and
``(II) not later than 30 days after
such date or the end of such election
period, whichever is later.
``(v) Inactive reserves.--A member of a
reserve component who is not in an active
status during the election period specified in
clause (i) shall make the election described in
subparagraph (B)--
``(I) on or after the date on which
such member is transferred from an
inactive status to an active status or
active duty; and
``(II) not later than 30 days after
such date or the end of such election
period, whichever is later.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2018, immediately after the coming into
effect of the amendments made by section 631(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
842), to which the amendments made by subsection (a) relate.
SEC. 632. EFFECT OF SEPARATION OF MEMBERS FROM THE UNIFORMED SERVICES
ON PARTICIPATION IN THE THRIFT SAVINGS PLAN.
Effective as of the date of the enactment of this Act, paragraph
(2) of section 632(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 847) is repealed, and
the amendment proposed to be made by that paragraph shall not be made
or go into effect.
SEC. 633. CONTINUATION PAY FOR MEMBERS WHO HAVE COMPLETED 8 TO 12 YEARS
OF SERVICE.
(a) Continuation Pay.--Section 356 of title 37, United States Code,
is amended--
(1) in subsection (a)--
(A) 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
(B) in paragraph (2), by striking ``an additional 4
years'' and inserting ``not less than 3 additional
years''; and
(2) by striking subsection (d) and inserting the following
new subsection (d):
``(d) Timing of Payment.--Continuation pay may be paid to a full
TSP member under subsection (a) at any time after the member completes
8 years of service in a uniformed service, but before the member
completes 12 years of service, as the Secretary concerned shall elect
for purposes of this section.''.
(b) Conforming Amendments.--
(1) Heading amendment.--The heading for such section is
amended to read as follows:
``Sec. 356. Continuation pay: full TSP members with not less than 8 and
more than 12 years of service''.
(2) Table of sections amendment.--The table of sections at
the beginning of chapter 5 of such title is amended by striking
the item relating to section 356 and inserting the following
new item:
``356. Continuation pay: full TSP members with not less than 8 and more
than 12 years of service.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2018, immediately after the coming into effect of
the amendments made by section 634 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
850), to which the amendments made by this section relate.
SEC. 634. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING AMENDMENT.
(a) In General.--Section 1413a(b)(3)(B) of title 10, United States
Code, is amended by striking ``2\1/2\ percent'' and inserting ``the
retired pay percentage (determined for the member under section 1409(b)
of this title)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2018, immediately after the coming into
effect of the amendments made by part I of subtitle D of title VI of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 842), to which the amendment made by subsection (a)
relates.
SEC. 635. SENSE OF CONGRESS ON ROTH CONTRIBUTIONS AS DEFAULT
CONTRIBUTIONS OF MEMBERS OF THE ARMED FORCES
PARTICIPATING IN THE THRIFT SAVINGS PLAN UNDER RETIRED
PAY REFORM.
It is the sense of Congress that--
(1) having the contribution of a member of the Armed Forces
participating in the Thrift Savings Plan (TSP) under military
retired pay reform (as enacted pursuant to part I of subtitle C
of title of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92)) default to Roth contributions
until the member elects not to designate such contributions as
Roth contributions would aid enlisted and junior commissioned
members of the Armed Forces in saving for their retirement; and
(2) the Department of Defense should assess the feasibility
and advisability of making the contributions of members
participating in the Thrift Savings Plan under military retired
pay reform default to Roth contributions until members elect
otherwise.
PART II--OTHER MATTERS
SEC. 641. EXTENSION OF ALLOWANCE COVERING MONTHLY PREMIUM FOR
SERVICEMEMBERS' GROUP LIFE INSURANCE WHILE IN CERTAIN
OVERSEAS AREAS TO COVER MEMBERS IN ANY COMBAT ZONE OR
OVERSEAS DIRECT SUPPORT AREA.
(a) Expansion of Coverage.--Subsection (a) of section 437 of title
37, United States Code, is amended--
(1) by inserting ``(1)'' before ``In the case of'';
(2) by striking ``who serves in the theater of operations
for Operation Enduring Freedom or Operation Iraqi Freedom'' and
inserting ``who serves in a designated duty assignment''; and
(3) by adding at the end the following new paragraph:
``(2) In this subsection, the term `designated duty assignment'
means a permanent or temporary duty assignment outside the United
States or its possessions in support of a contingency operation in an
area that--
``(A) has been designated a combat zone; or
``(B) is in direct support of an area that has been
designated a combat zone.''.
(b) Conforming Amendments.--
(1) Cross-reference.--Subsection (b) of such section is
amended by striking ``theater of operations'' and inserting
``designated duty assignment''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 437. Allowance to cover monthly premiums for Servicemembers'
Group Life Insurance: members serving in a designated
duty assignment''.
(3) Table of sections.--The item relating to section 437 in
the table of sections at the beginning of chapter 7 of such
title is amended to read as follows:
``437. Allowance to cover monthly premium for Servicemembers' Group
Life Insurance: members serving in a
designated duty assignment.''.
(c) Effective Date.--The amendments made by this section shall
apply to service by members of the Armed Forces in a designated duty
assignment (as defined in subsection (a)(2) of section 437 of title 37,
United States Code) for any month beginning on or after the date of the
enactment of this Act.
SEC. 642. USE OF MEMBER'S CURRENT PAY GRADE AND YEARS OF SERVICE,
RATHER THAN FINAL RETIREMENT PAY GRADE AND YEARS OF
SERVICE, IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE
RETIRED PAY.
(a) 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:
the following:
``(B) In calculating the total monthly retired pay to which
a member is entitled for purposes of subparagraph (A), the
following shall be used:
``(i) The member's pay grade and years of service
at the time of the court order.
``(ii) The amount of pay that is payable at the
time of the member's retirement to a member in the
member's pay grade and years of service as fixed
pursuant to clause (i).''.
(b) Application of Amendments.--The amendments made by subsection
(a) shall apply with respect to any division of property as part of a
final decree of divorce, dissolution, annulment, or legal separation
involving a member of the Armed Forces to which section 1408 of title
10, United States Code, applies that becomes final after the date of
the enactment of this Act.
SEC. 643. PERMANENT EXTENSION OF PAYMENT OF SPECIAL SURVIVOR INDEMNITY
ALLOWANCES UNDER THE SURVIVOR BENEFIT PLAN.
Section 1450(m) of title 10, United States Code, is amended--
(1) in paragraph (2)(I), by striking ``during fiscal year
2017'' and inserting ``after fiscal year 2016''; and
(2) by striking paragraph (6).
SEC. 644. AUTHORITY TO DEDUCT SURVIVOR BENEFIT PLAN PREMIUMS FROM
COMBAT-RELATED SPECIAL COMPENSATION WHEN RETIRED PAY NOT
SUFFICIENT.
(a) Authority.--Subsection (d) of section 1452 of title 10, United
States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Deduction from combat-related special compensation
when retired pay not adequate.--In the case of a person who has
elected to participate in the Plan and who has been awarded
both retired pay and combat-related special compensation under
section 1413a of this title, if a deduction from the person's
retired pay for any period cannot be made in the full amount
required, there shall be deducted from the person's combat-
related special compensation in lieu of deduction from the
person's retired pay the amount that would otherwise have been
deducted from the person's retired pay for that period.''.
(b) Conforming Amendments to Section 1452.--
(1) Subsection (d) of such section is further amended--
(A) in the subsection heading, by inserting ``or
Not Sufficient'' after ``Not Paid'';
(B) in paragraph (1), by inserting before the
period at the end the following: ``, except to the
extent that the required deduction is made pursuant to
paragraph (2)''; and
(C) in paragraph (3), as redesignated by subsection
(a)(1), by striking ``Paragraph (1) does not'' and
inserting ``Paragraphs (1) and (2) do not''.
(2) Subsection (f)(1) of such section is amended by
inserting ``or combat-related special compensation'' after
``from retired pay''.
(3) Subsection (g)(4) of such section is amended--
(A) in the paragraph heading, by inserting ``or
crsc'' after ``retired pay''; and
(B) by inserting ``or combat-related special
compensation'' after ``from the retired pay''.
(c) Conforming Amendments to Other Provisions of SBP Statute.--
(1) Section 1449(b)(2) of such title is amended--
(A) in the paragraph heading, by inserting ``or
crsc'' after ``retired pay''; and
(B) by inserting ``or combat-related special
compensation'' after ``from retired pay''.
(2) Section 1450(e) of such title is amended--
(A) in the subsection heading, by inserting ``or
CRSC'' after ``Retired Pay''; and
(B) in paragraph (1), by inserting ``or combat-
related special compensation'' after ``from the retired
pay''.
SEC. 645. SENSE OF CONGRESS ON OPTIONS FOR MEMBERS OF THE ARMED FORCES
TO DESIGNATE PAYMENT OF THE DEATH GRATUITY TO A TRUST FOR
A SPECIAL NEEDS INDIVIDUAL.
It is the sense of Congress that the Department of Defense should
explore options to allow members of the Armed Forces to designate that,
upon their death, the death gratuity payable with respect to members of
the Armed Forces upon death may be paid to a trust that is legally
established under any Federal, State, or territorial law in order to
provide greater financial and estate planning capability for members
seeking to provide for those who require the protections of a trust,
such as minor children or incapacitated adults, or those with special
needs.
SEC. 646. 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 House of Representatives a report
setting forth the results of the assessment conducted pursuant to
subsection (a), together with such recommendations as the Secretary
considers appropriate for legislative or administration action in light
of the results of the assessment.
Subtitle E--Commissary and Non-Appropriated 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.''.
(b) Authority 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 alternative pricing program implemented
pursuant to section 2484(i) of this title.''.
(c) Alternative Pricing Program.--Section 2484 of such title is
amended by adding at the end the following new subsections:
``(i) Alternative Pricing Program.--(1) The Secretary of Defense
may establish and carry out, in accordance with the requirements of
this subsection, an alternative pricing program pursuant to which
prices may be established in response to market conditions and customer
demand. Prices under the alternative pricing program shall reflect the
uniform sales price surcharge applicable under subsection (d).
``(2) Before establishing an alternative 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 before the initiation of the alternative
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. In determining the savings baseline, the Secretary
shall take into account the effect of the surcharges added
under the pricing program by reason of subsection (d).
``(3) The Secretary shall ensure that the defense commissary system
implements the alternative 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
alternative pricing program achieves overall savings to patrons that
are reasonably consistent with the baseline savings established for the
relevant region pursuant to such paragraph.
``(j) Conversion to Nonappropriated Fund Entity or
Instrumentality.--(1) If the Secretary of Defense determines that the
alternative pricing program under subsection (i) has met the benchmarks
for success established pursuant to subsection (i)(2)(A) and the
savings requirements established pursuant to subsection (i)(3) 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
not likely, in any fiscal year, to afford the level of patron savings
required in subsection (i)(3), the Secretary may 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) The Secretary may identify positions of employees in the
defense commissary system who are paid with appropriated funds whose
status may be converted to the status of an employee of a
nonappropriated fund entity or instrumentality. The status and
conversion of such employees shall be addressed as provided in section
2491(c) of this title for employees in morale, welfare, and recreation
programs. 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 the conversion.''.
(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 operations of 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 for the
following:
``(A) Products and services that are shared by the defense
commissary system and the exchange system.
``(B) The acquisition of supplies, resale goods, and
services on behalf of both the defense commissary system and
the exchange system.
``(3) For the purpose of a contract or agreement authorized under
paragraph (2), the Secretary may--
``(A) use funds appropriated pursuant to section 2483 of
this title to reimburse a nonappropriated fund entity or
instrumentality for the portion of the cost of a contract or
agreement entered by the nonappropriated fund entity or
instrumentality that is attributable to the defense commissary
system; and
``(B) authorize the defense commissary system to accept
reimbursement from a nonappropriated fund entity or
instrumentality for the portion of the cost of a contract or
agreement entered by the defense commissary system that is
attributable to the nonappropriated fund entity or
instrumentality.''.
(e) 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.''.
(f) 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.
(g) Conforming Amendment.--Section 2643(b) of title 10, United
States Code, 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.''.
Subtitle F--Other Matters
SEC. 671. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR FOOTWEAR
FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES UPON
THEIR INITIAL ENTRY INTO THE ARMED FORCES.
Section 418 of title 37, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) In the case of athletic footwear needed by members of the
Army, Navy, Air Force, or Marine Corps upon their initial entry into
the armed forces, the Secretary of Defense shall furnish such footwear
directly to the members instead of providing a cash allowance to the
members for the purchase of such footwear.
``(2) In procuring athletic footwear to comply with paragraph (1),
the Secretary of Defense shall comply with the requirements of section
2533a of title 10, without regard to the applicability of any
simplified acquisition threshold under chapter 137 of title 10 (or any
other provision of law).
``(3) This subsection does not prohibit the provision of a cash
allowance to a member described in paragraph (1) for the purchase of
athletic footwear if such footwear--
``(A) is medically required to meet unique physiological
needs of the member; and
``(B) cannot be met with athletic footwear that complies
with the requirements of this subsection.''.
SEC. 672. 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) is subsection (d), by inserting ``, unless a court of
competent jurisdiction orders payment of such fee, commission,
or other charge'' before the period;
(5) by striking subsection (e);
(6) by redesignating subsection (f) as subsection (e); and
(7) in subsection (e), as redesignated by paragraph (6)--
(A) by inserting ``under subsection (a)(3)'' after
``who is designated''; and
(B) by striking ``$1,000'' and inserting
``$25,000''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. REFORM OF HEALTH CARE PLANS AVAILABLE UNDER THE TRICARE
PROGRAM.
(a) Reform of Health Care Plans.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074n the following
new section:
``Sec. 1075. TRICARE program: health care plans
``(a) Health Care Plans.--This section establishes the following
health care plans under which covered beneficiaries may enroll under
the TRICARE program:
``(1) TRICARE Prime (the managed care option).
``(2) TRICARE Choice (the self-managed option).
``(3) TRICARE Supplemental.
``(b) Beneficiary Categories.--In this section, the beneficiary
categories for purposes of eligibility to enroll in a health care plan
under subsection (a) and cost sharing requirements applicable to those
health care plans are as follows:
``(1) Active-duty family members.--The category of `active-
duty family members' consists of the following beneficiaries:
``(A) Beneficiaries covered by section 1079 of this
title.
``(B) Beneficiaries covered by section 1086(c)(1)
of this title by reason of being a retired member under
chapter 61 of this title or a dependent of such a
retired member.
``(C) Beneficiaries covered by section 1086(c)(2)
of this title.
``(2) Retired members.--The category of `retired members'
consists of beneficiaries covered by section 1086(c) of this
title who are not--
``(A) beneficiaries described in subparagraph (B)
or (C) of paragraph (1); or
``(B) beneficiaries described in section 1086(d)(2)
of this title.
``(c) TRICARE Prime.--
``(1) In general.--The Secretary of Defense shall establish
the TRICARE Prime health care plan in areas described in
paragraph (6).
``(2) Benefits.--TRICARE Prime is a managed care option
that provides medical services to beneficiaries enrolled in
such option at reduced cost-sharing amounts for beneficiaries
whose care is managed by a designated primary care manager and
provided by a network provider.
``(3) Eligibility.--
``(A) Active-duty family members.--Except as
provided in subparagraph (C), a beneficiary in the
active-duty family members category is eligible to
enroll in TRICARE Prime under this subsection.
``(B) Retired members.--Except as provided in
subparagraph (C), a beneficiary in the retired members
category is eligible to enroll in TRICARE Prime under
this subsection in locations in which a facility of the
uniformed services has, in the judgment of the
Secretary, a significant number of health care
providers, including specialty care providers, and
sufficient capability to support the efficient
operation of TRICARE Prime for projected enrollees in
that location.
``(C) Exclusion.--A beneficiary covered by section
1076d, 1076e, 1078a, or 1086(d)(2) of this title is not
eligible to enroll in TRICARE Prime under this
subsection.
``(4) Referral required.--
``(A) In general.--Except as otherwise provided in
this paragraph, 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.
``(B) Excused referral.--The Secretary may excuse
the requirement that a beneficiary obtain a referral
under subparagraph (A) in such circumstances as the
Secretary may establish for purposes of this section.
``(C) Specialty care.--Beneficiaries enrolled in
TRICARE Prime shall not be required to obtain a pre-
authorization for a referral for specialty care
services.
``(D) Cost-sharing.--Notwithstanding subsections
(f) and (g), the cost-sharing requirement for a
beneficiary enrolled in TRICARE Prime who does not
obtain a referral for care as required under
subparagraph (A) and is not excused from obtaining such
a referral under subparagraph (B) shall be an amount
equal to 50 percent of the allowed point-of-service
charge for such care.
``(5) Access to health care.--
``(A) In general.--The Secretary shall ensure that
beneficiaries enrolled in TRICARE Prime have access to
primary care and specialty care services from
facilities of the uniformed services or network
providers in the applicable area within specific
timeliness standards that meet or exceed those of high-
performing health care systems in the United States, as
determined by the Secretary.
``(B) Urgent care services.--
``(i) In general.--In implementing
subparagraph (A), the Secretary shall make
special provisions for appropriate access of
beneficiaries to urgent care services.
``(ii) Pre-authorization.--Beneficiaries
enrolled in TRICARE Prime shall not be subject
to a pre-authorization requirement for urgent
care services.
``(6) Areas described.--Areas described in this paragraph
are areas in which a facility of the uniformed services is
located (other than a facility limited to members of the armed
forces) that have been designated by the Secretary for purposes
of this subsection.
``(d) TRICARE Choice.--
``(1) In general.--The Secretary of Defense shall
establish, without limitation to certain areas, the TRICARE
Choice health care plan.
``(2) Benefits.--TRICARE Choice is a self-managed option
under which beneficiaries enrolled in such option may receive
care from any health care provider selected by the beneficiary,
subject to such restrictions as the Secretary may establish for
purposes of this subsection.
``(3) Eligibility.--A beneficiary in the active-duty family
members category or the retired members category is eligible to
enroll in TRICARE Choice under this subsection.
``(e) TRICARE Supplemental.--
``(1) In general.--The Secretary of Defense shall establish
the TRICARE Supplemental health care plan.
``(2) Benefits.--Under TRICARE Supplemental, the Secretary
shall pay on behalf of a beneficiary the deductible and
copayment amounts under a primary health care plan under which
the beneficiary is covered, not to exceed the amount the
Secretary would have paid as a primary payer to an out-of-
network provider under this section.
``(3) Eligibility.--A beneficiary in the retired members
category is eligible to enroll in TRICARE Supplemental under
this subsection.
``(4) Enrollment fee.--A beneficiary who enrolls in TRICARE
Supplemental shall pay an enrollment fee of \1/2\ of the
enrollment fee applicable to a beneficiary in the retired
members category who enrolls in TRICARE Choice.
``(5) Regulations.--The regulations prescribed by the
Secretary under subsection (i) may include such other
limitations and provisions for TRICARE Supplemental as the
Secretary determines appropriate.
``(f) Cost-sharing Amounts.--
``(1) In general.--During calendar year 2018, beneficiaries
enrolled in TRICARE Prime and TRICARE Choice under this section
shall be subject to cost-sharing requirements, including an
enrollment fee, a deductible amount, and copayments, in
accordance with the amounts and percentages set forth in the
following table:
----------------------------------------------------------------------------------------------------------------
``ADFM Category ADFM Category Retired Category Retired Category
---------------------------------------------------------------------------------
TRICARE Prime TRICARE Choice TRICARE Prime TRICARE Choice
----------------------------------------------------------------------------------------------------------------
Enrollment Fees, Deductible, and Catastrophic Caps
Annual Enrollment Fee......... $0............... $0............... $350 Individual.. $150 Individual
$700 Family..... $300 Family
Annual Deductible............. $0............... E4 and below (E4) $0............... $300 Individual
$100 Individual $600 Family
$200 Family.....
_______.........
E5 and above
(E5$)...........
$300 Individual
$600 Family.....
Annual Catas- trophic Cap.... $1,500........... $1,500........... $4,000........... $4,000
Copayments (by Service Type)
Outpatient MTF Visit.......... $0............... $0............... $0............... $0
Outpatient Private Sector $0............... $15 primary $20 primary...... $25 primary network
Visit........................ network without $30 specialty... without deductible
deductible...... $35 specialty network
$25 specialty without deductible
network without ________
deductible...... 25% out of network
_______......... after deductible
20% out of
network after
deductible......
ER Visit MTF.................. $0............... $0............... $0............... $0
ER Visit Private Sector....... $0............... $50 network $75 network...... $100 network without
without deductible
deductible...... ________
_______......... 25% out of network
20% out of after deductible
network after
deductible......
Urgent Care MTF............... $0............... $0............... $0............... $0
Urgent Care Private Sector.... $0............... $0 network $30 network...... $40 network without
without deductible
deductible...... ________
_______......... 25% out of network
20% out of after deductible
network after
deductible......
Ambulatory Surgery MTF........ $0............... $0............... $0............... $0
Ambulatory Surgery Private $0............... $50 network $100............. $125 network without
Sector....................... without deductible
deductible...... ________
_______......... 25% out of network
20% out of after deductible
network after
deductible......
Ambulance Service MTF......... $0............... $0............... $0............... $0
Ambulance Service Private $0............... $15.............. $50.............. $75
Sector.......................
Durable Medical Equipment MTF. $0............... $0............... $0............... $0
Durable Medical Equipment $0............... 10%.............. 20%.............. 20%
Private Sector...............
Hospitalization tion MTF...... $0............... $0............... $0............... $0
Hospitalization Private Sector $0............... $80 per admission $200 per $250 per admission -
- network Admission....... network without
without deductible
deductible...... ________
_______......... 25% out of network
20% out of after deductible
network after
deductible......
Inpatient Skilled Nursing/ $0............... $25 per day - $25 per day...... $25 per day - network
Rehabili- tation - MTF/ network without without deductible
Network...................... deductible...... ________
_______......... $250 per day or 20% of
$35 per day out billed charges
of network (whichever is less)
without out of network without
deductible...... deductible
----------------------------------------------------------------------------------------------------------------
``(2) Adjustments to amounts.--
``(A) Annual enrollment fees.--
``(i) Consumer price index.--
``(I) In general.--With respect to
enrollment in TRICARE Choice for
beneficiaries in the retired members
category, for each calendar year after
calendar year 2023, and with respect to
all other beneficiaries, for each
calendar year after calendar year 2018,
each dollar amount for an annual
enrollment fee in the table set forth
in paragraph (1) shall be increased by
the annual percentage increase of the
Consumer Price Index for Health Care
Services published by the Bureau of
Labor Statistics for such calendar year
rounded to the next lower multiple of
$1.
``(II) Addition of rounded
amount.--An amount equal to the amount
rounded down under subclause (I) for an
annual enrollment fee shall be
accumulated with such amounts for
subsequent years and added to the
amount of the increase under such
subclause when the aggregate
accumulated amount under this subclause
(and not yet so added) for such fee
equals $1 or more.
``(ii) TRICARE choice for retired
members.--With respect to enrollment in TRICARE
Choice for beneficiaries in the retired members
category, the annual enrollment fee for
calendar years 2019 through 2023 shall be--
``(I) for calendar year 2019--
``(aa) for enrollment as an
individual, $210; and
``(bb) for enrollment as a
family, $420;
``(II) for calendar year 2020--
``(aa) for enrollment as an
individual, $270; and
``(bb) for enrollment as a
family, $540;
``(III) for calendar year 2021--
``(aa) for enrollment as an
individual, $330; and
``(bb) for enrollment as a
family, $660;
``(IV) for calendar year 2022--
``(aa) for enrollment as an
individual, $390; and
``(bb) for enrollment as a
family, $780; and
``(V) for calendar year 2023--
``(aa) for enrollment as an
individual, $450; and
``(bb) for enrollment as a
family, $900.
``(B) Other amounts.--
``(i) In general.--For each calendar year
after calendar year 2018, each dollar amount
(other than a dollar amount for an annual
enrollment fee) expressed as a fixed dollar
amount in the table set forth in paragraph (1)
shall be increased by an amount equal to the
percentage by which retired pay is increased
under section 1401a(b)(2) of this title for
such calendar year rounded to the next lower
multiple of $1.
``(ii) Addition of rounded amount.--An
amount equal to the amount rounded down under
clause (i) for a fixed dollar amount specified
in the table set forth in paragraph (1) shall
be accumulated with such rounded amounts for
subsequent years and added to the amount
indexed under such clause when the aggregate
accumulated amount under this subclause (and
not yet so added) for such fixed dollar amount
equals $1 or more.
``(3) Special coverage and reimbursement.--
``(A) In general.--In the case of services and
products furnished under a health care plan under this
section, the Secretary may, under regulations
prescribed by the Secretary, adopt special coverage and
reimbursement methods, amounts, and procedures to
encourage the use of high-value services and products
and discourage the use of low-value services and
products, as determined by the Secretary.
``(B) Affect on cost-sharing requirements.--The
special coverage and reimbursement methods, amounts,
and procedures adopted under subparagraph (A) may
include a reduction, waiver, or increase, as the case
may be, of cost-sharing requirements set forth in
paragraph (1) (as modified under paragraph (2)).
``(4) Deductible amount.--The deductible amount specified
in the table set forth in paragraph (1) (as modified under
paragraph (2)) is the initial cost incurred by an individual or
family enrolled in a health care plan under this section during
a calendar year for services furnished by an out-of-network
provider before costs may be paid under the plan.
``(5) Catastrophic cap.--The catastrophic cap specified in
the table set forth in paragraph (1) (as modified under
paragraph (2)) is the annual limit on the amount of cost-
sharing that an individual or family enrolled in a health care
plan under this section may be required to pay under such plan.
Enrollment fees and point-of-service charges do not count
against the catastrophic cap.
``(6) Calendar year enrollment period.--Enrollment fees,
deductible amounts, and catastrophic caps specified in the
table set forth in paragraph (1) (as modified under paragraph
(2)) are on a calendar-year basis.
``(7) Definitions.--For purposes of the table set forth in
paragraph (1) (as modified under paragraph (2)):
``(A) ADFM category.--The term `ADFM Category'
means the active-duty family members category.
``(B) MTF.--The term `MTF', with respect to care or
services, means care or services provided at a military
treatment facility.
``(C) Private sector.--The term `private sector',
with respect to care or services, means care or
services provided in the private sector.
``(D) Network.--The term `network', with respect to
care or services, means care or services provided by a
network provider.
``(E) Out of network.--The term `out of network',
with respect to care or services, means care or
services provided by an out-of-network provider.
``(g) Special Rules Regarding Cost Sharing.--
``(1) Beneficiaries.--
``(A) TRICARE-for-life beneficiaries.--A Medicare-
eligible beneficiary enrolled in a health care plan
under this section is not responsible for cost sharing
for care covered by section 1086(d)(3) of this title,
except that the catastrophic cap specified in the table
set forth in subsection (f)(1) (as modified under
subsection (f)(2)) applies to such care.
``(B) Remote area dependents.--
``(i) Cost sharing.--A remote area
dependent (as described in section 1079(o) of
this title) enrolled in TRICARE Choice is
subject to the cost-sharing requirements for
beneficiaries under TRICARE Prime.
``(ii) Referral.--The referral requirements
for a beneficiary enrolled in TRICARE Prime
shall not apply to a remote area dependent
described in clause (i).
``(2) Benefits and programs.--
``(A) Extended benefits.--Cost sharing under this
section does not apply to extended benefits under
subsections (d) and (e) of section 1079 of this title.
``(B) Pharmacy benefits program.--
``(i) Copayments.--Copayments for the
receipt of pharmaceutical agents under a health
care plan under this section shall be the
copayments set forth in section 1074g(6) of
this title.
``(ii) Other cost sharing.--The enrollment
fee, deductible, and catastrophic cap under
this section shall apply to pharmaceutical
agents furnished under a health care plan under
this section.
``(iii) Pharmaceutical agent defined.--In
this subparagraph, the term `pharmaceutical
agent' has the meaning given that term in
section 1074g(2) of this title.
``(C) Other programs.--If a beneficiary is enrolled
in a program under this chapter for which an annual
premium applies, including a premium under Medicare
part B for care covered under section 1086(d)(3) of
this title, the beneficiary is not required to pay an
enrollment fee to enroll in a health care plan under
this section.
``(h) Open Enrollment Period.--The Secretary of Defense shall
establish--
``(1) an annual open enrollment period for beneficiaries to
enroll or modify enrollment in a health care plan under this
section; and
``(2) other appropriate circumstances under which
beneficiaries may enroll or modify enrollment in such a plan
outside of that period.
``(i) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations to
carry out this section.
``(j) Definitions.--In this section:
``(1) Network provider.--The term `network provider' means
an individual or institutional health care provider that--
``(A) has met the requirements established by the
Secretary to become a preferred provider under this
section; and
``(B) improves the experience of care, meets
established quality of care and effectiveness metrics,
and reduces the per capita costs of health care.
``(2) Out-of-network provider.--The term `out-of-network
provider' means an individual or institutional health care
provider, other than a network provider, that has met the
requirements established by the Secretary to be an authorized
provider under this section.''.
(2) Conforming amendments.--Such title is amended--
(A) in section 1072, by amending paragraph (7) to
read as follows:
``(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 care furnished under the following health care plans:
``(A) TRICARE Prime under section 1075 of this
title (a managed care option).
``(B) TRICARE Choice under such section 1075 (a
self-managed option).
``(C) TRICARE Supplemental under such section 1075.
``(D) TRICARE-for-Life under section 1086(d) of
this title.'';
(B) in section 1079--
(i) by amending subsection (b) to read as
follows:
``(b) Plans covered by subsection (a) shall include provisions for
the payment by the patient of cost-sharing amounts as specified in
section 1075 of this title.'';
(ii) by striking subsection (c); and
(iii) in subsection (g)--
(I) in paragraph (1), by striking
``(1) When'' and inserting ``When'';
and
(II) by striking paragraphs (2)
through (5);
(C) in section 1086, by amending subsection (b) to
read as follows:
``(b) For persons covered by this section, plans contracted for
under section 1079(a) of this title shall include provisions for the
payment by the patient of cost-sharing amounts as specified in section
1075 of this title.'';
(D) in section 1097, by amending subsection (e) to
read as follows:
``(e) Charges for Health Care.--The charges for health care
provided under this section shall consist of cost-sharing amounts as
specified in section 1075 of this title.''; and
(E) by striking section 1097a.
(3) Clerical amendments.--The table of sections at the
beginning of chapter 55 of such title is amended--
(A) by inserting after the item relating to section
1074n the following new item:
``1075. TRICARE program: health care plans.''; and
(B) by striking the item relating to section 1097a.
(b) Reform of Health Care Enrollment System.--
(1) In general.--Subsection (c) of section 1099 of title
10, United States Code, is amended to read as follows:
``(c) Health Care Plans Available Under System.--Covered
beneficiaries that seek to receive health care services under this
chapter shall enroll in one of the following health care plans and pay
an enrollment fee, if any, applicable to such health care plan:
``(1) TRICARE Prime under section 1075 of this title.
``(2) TRICARE Choice under such section 1075.
``(3) TRICARE Supplemental under such section 1075.
``(4) TRICARE-for-Life under section 1086(d) of this
title.''.
(2) Conforming amendment.--Subsection (b)(1) of such
section is amended by striking ``eligible health care plans
designated by the Secretary of Defense'' and inserting ``among
health care plans specified in subsection (c)''.
(c) Changes to Classification of Certain Health Care Plans.--
(1) TRICARE reserve select.--Section 1076d of title 10,
United States Code, is amended--
(A) in the section heading, by striking ``TRICARE
Standard'' and inserting ``TRICARE Reserve Select'';
and
(B) by striking ``TRICARE Standard'' each place it
appears and inserting ``TRICARE Reserve Select''.
(2) TRICARE retired reserve.--Section 1076e of such title
is amended--
(A) in the section heading, by striking ``TRICARE
Standard'' and inserting ``TRICARE Retired Reserve'';
(B) by striking ``TRICARE Standard'' each place it
appears, other than subsections (b) and (c), and
inserting ``TRICARE Retired Reserve'';
(C) in subsection (b)--
(i) in the subsection heading, by striking
``TRICARE Standard''; and
(ii) by striking ``TRICARE Standard'' the
second place it appears; and
(D) in subsection (c), by striking ``TRICARE
Standard'' the fourth place it appears.
(3) CHAMPUS.--Section 1079a of such title is amended--
(A) in the section heading, by striking ``CHAMPUS''
and inserting ``TRICARE program'';
(B) by inserting ``(including interagency transfers
of funds or obligational authority and similar
transactions)'' after ``amounts collected''; and
(C) by striking ``the Civilian Health and Medical
Program of the Uniformed Services'' and inserting ``the
TRICARE program''.
(4) Clerical amendments.--The table of sections at the
beginning of chapter 55 of such title is amended--
(A) by striking the item relating to section 1076d
and inserting the following new item:
``1076d. TRICARE program: TRICARE Reserve Select coverage for members
of the Selected Reserve.'';
(B) by striking the item relating to section 1076e
and inserting the following new item:
``1076e. TRICARE program: TRICARE Retired Reserve coverage for certain
members of the Retired Reserve who are
qualified for a non-regular retirement but
are not yet age 60.''; and
(C) by striking the item relating to section 1079a
and inserting the following new item:
``1079a. TRICARE Program: treatment of refunds and other amounts
collected.''.
(d) Transition Rules.--
(1) In general.--With respect to cost-sharing requirements
for covered beneficiaries under section 1079, 1086, or 1097 of
title 10, United States Code, during the period beginning on
October 1, 2017, and ending on December 31, 2017--
(A) any enrollment fee shall be one-fourth of the
amount in effect during fiscal year 2017;
(B) any deductible amount applicable during fiscal
year 2017 shall apply for the 15-month period beginning
on October 1, 2016, and ending on December 31, 2017.
(C) any catastrophic cap applicable during fiscal
year 2017 shall apply for the 15-month period beginning
on October 1, 2016, and ending on December 31, 2017.
(2) Covered beneficiaries defined.--In this subsection, the
term ``covered beneficiaries'' has the meaning given that term
in section 1072 of such title.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on January 1, 2018.
(2) Transition rules.--Subsection (d) shall take effect on
October 1, 2017.
SEC. 702. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE TRICARE
PHARMACY BENEFITS PROGRAM AND TREATMENT OF CERTAIN
PHARMACEUTICAL AGENTS.
(a) In General.--Paragraph (6) of section 1074g(a) of title 10,
United States Code, is amended to read as follows:
``(6)(A) In the case of any of the years 2017 through 2025, the
cost-sharing amounts under this subsection for eligible covered
beneficiaries shall be determined in accordance with the following
table:
------------------------------------------------------------------------
The cost-
The cost- sharing The cost-
sharing The cost- amount The cost- sharing
amount sharing for a 90- sharing amount for
for 30- amount for day amount for a 90-day
``For: day 30-day supply of a 90-day supply of a
supply of supply of a a mail supply of a mail order
a retail retail order mail order non-
generic formulary generic formulary formulary
is: is: is: is: is:
------------------------------------------------------------------------
2017 $10 $28 $0 $28 $54
------------------------------------------------------------------------
2018 $10 $30 $0 $30 $58
------------------------------------------------------------------------
2019 $10 $32 $0 $32 $62
------------------------------------------------------------------------
2020 $11 $34 $11 $34 $66
------------------------------------------------------------------------
2021 $11 $36 $11 $36 $70
------------------------------------------------------------------------
2022 $11 $38 $11 $38 $75
------------------------------------------------------------------------
2023 $12 $40 $12 $40 $80
------------------------------------------------------------------------
2024 $13 $42 $13 $42 $85
------------------------------------------------------------------------
2025 $14 $45 $14 $45 $90
------------------------------------------------------------------------
``(B) For any year after 2025, the cost-sharing amounts under this
subsection for eligible covered beneficiaries shall be equal to the
cost-sharing amounts for the previous year adjusted by an amount, if
any, determined by the Secretary to reflect changes in the costs of
pharmaceutical agents and prescription dispensing, rounded to the
nearest dollar.
``(C) Notwithstanding subparagraphs (A) and (B), the cost-sharing
amounts under this subsection for a dependent of a member of the
uniformed services who dies while on active duty, a member retired
under chapter 61 of this title, or a dependent of a member retired
under such chapter shall be equal to the cost-sharing amounts, if any,
for 2016.''.
(b) Treatment of Certain Pharmaceutical Agents.--
(1) Pharmacy benefits program.--Such section is amended by
adding at the end the following new paragraph:
``(10) Notwithstanding paragraphs (2), (5), and (6), in order to
encourage the use by covered beneficiaries of pharmaceutical agents
that provide the greatest value to covered beneficiaries and the
Department of Defense (as determined by the Secretary, including
considerations of better care, healthier people, and smarter spending),
the Secretary may, upon the recommendation of the Pharmacy and
Therapeutics Committee established under subsection (b) and review by
the Uniform Formulary Beneficiary Advisory Panel established under
subsection (c)--
``(A) exclude from the pharmacy benefits program any
pharmaceutical agent that the Secretary determines provides
very little or no value to covered beneficiaries and the
Department under the program; and
``(B) give preferential status to any non-generic
pharmaceutical agent on the uniform formulary by treating it,
for purposes of cost-sharing under paragraph (6), as a generic
product under the TRICARE retail pharmacy program and mail
order pharmacy program.''.
(2) Medical contracts.--Section 1079 of such title is
amended by adding at the end the following new subsection:
``(q) In the case of any pharmaceutical agent (as defined in
section 1074g(g)(2) of this title) provided under a contract entered
into under this section by a physician, in an outpatient department of
a hospital, or otherwise as part of any medical services provided under
such a contract, the Secretary of Defense may, under regulations
prescribed by the Secretary, adopt special reimbursement methods,
amounts, and procedures to encourage the use of high-value products and
discourage the use of low-value products, as determined by the
Secretary.''.
(3) Regulations.--In order to implement expeditiously the
reforms authorized by the amendments made by paragraphs (1) and
(2), the Secretary of Defense may prescribe such changes to the
regulations implementing the TRICARE program (as defined in
section 1072 of title 10, United States Code) as the Secretary
considers appropriate--
(A) by prescribing an interim final rule; and
(B) not later than one year after prescribing such
interim final rule and considering public comments with
respect to such interim final rule, by prescribing a
final rule.
SEC. 703. 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 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 of Personnel
Management 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 ``; or''; 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; and
``(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 ``; or''; 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; and
``(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 title 5 that provides
benefits similar to those benefits required to be provided under
subsection (d).''.
SEC. 704. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR
DIGESTIVE AND INHERITED METABOLIC DISORDERS UNDER THE
TRICARE PROGRAM.
(a) Findings.--Congress finds the following:
(1) Specialized food is often medically necessary for the
safe and effective management of many digestive and inherited
metabolic disorders that impact digestion, absorption, and
metabolism of nutrients.
(2) Although medically necessary food is essential for
patients, it is often expensive and not uniformly reimbursed by
health insurance, leaving many families with an insurmountable
financial burden.
(3) As a result, many patients who cannot afford medically
necessary food may experience adverse health consequences from
suboptimal disease management, including hospitalization,
intellectual impairment, behavioral dysfunction, inadequate
growth, nutrient deficiencies, and even death.
(b) Availability Under the TRICARE Program.--
(1) In general.--Section 1077 of title 10, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (3), by inserting before
the period at the end the following: ``,
including medically necessary vitamins''; and
(ii) by adding at the end the following new
paragraph:
``(18) Medically necessary food and the medical equipment
and supplies necessary to administer such food (other than
medical equipment and supplies described in section 1861(n) of
the Social Security Act (42 U.S.C. 1395x(n))).''; and
(B) by adding at the end the following new
subsection:
``(g)(1) For purposes of subsection (a)(3), the term `medically
necessary vitamins' means vitamins used for the management of a covered
disease or condition pursuant to the prescription, order, or
recommendation (as applicable) of a specified, duly authorized
provider, such as a physician (as defined in section 1861(r)(1) of the
Social Security Act (42 U.S.C. 1395x(r)(1))), or a nurse practitioner,
a clinical nurse specialist, or a physician assistant (as those terms
are defined in section 1861(aa)(5) of such Act).
``(2) For purposes of subsection (a)(18), the term `medically
necessary food'--
``(A) means 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
specified, duly authorized provider, such as a
physician (as defined in section 1861(r)(1) of the
Social Security Act (42 U.S.C. 1395x(r)(1))), or a
nurse practitioner, a clinical nurse specialist, or a
physician assistant (as those terms are defined in
section 1861(aa)(5) of such Act), 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 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 wherein the
individual requires medical care on a recurring basis
for, among other things, instructions on the use of the
food; and
``(B) does 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 they are
recommended by a physician or other health
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:
``(A) The term `covered disease or condition' means the
following diseases or conditions:
``(i) Inflammatory bowel disease, including Crohn's
disease, ulcerative colitis, and indeterminate colitis.
``(ii) Gastroesophageal reflux disease that is
nonresponsive to standard medical therapies.
``(iii) Immunoglobulin E and non-Immunoglobulin E
mediated allergies to food proteins.
``(iv) Food protein-induced enterocolitis syndrome.
``(v) Eosinophilic disorders, including
eosinophilic esophagitis, eosinophilic gastroenteritis,
eosinophilic colitis, and post-transplant eosinophilic
disorders.
``(vi) Impaired absorption of nutrients caused by
disorders affecting the absorptive surface, functional
length, and motility of the gastrointestinal tract,
including short bowel syndrome and chronic intestinal
pseudo-obstruction.
``(vii) Malabsorption due to liver or pancreatic
disease.
``(viii) Inherited metabolic disorders, including
the following:
``(I) Disorders classified as metabolic
disorders on the Recommended Uniform Screening
Panel Core Conditions list of the Secretary of
Health and Human Services' Advisory Committee
on Heritable Disorders in Newborns and
Children.
``(II) N-acetyl glutamate synthase
deficiency.
``(III) Ornithine transcarbamylase
deficiency.
``(IV) Carbamoyl phosphate synthetase
deficiency.
``(V) Inherited disorders of mitochondrial
functioning.
``(ix) Such other diseases or conditions as the
Secretary determines appropriate.
``(B) The term `low protein modified food product' means a
product formulated to have less than one gram of protein per
serving.''.
(2) Effective date.--The amendments made by paragraph (1)
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. 705. ENHANCEMENT OF USE OF TELEHEALTH SERVICES IN MILITARY HEALTH
SYSTEM.
(a) Incorporation of Telehealth.--
(1) In general.--Not later than one year 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
(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) provide real-time interactive communications
and remote patient monitoring;
(B) allow covered beneficiaries to schedule
appointments and communicate with health care
providers; 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) Location of Care.--For purposes of reimbursement, licensure,
professional liability, and other purposes relating to the provision of
telehealth services under this section, providers of such services
shall be considered to be furnishing such services at their location
and not at the location of the patient.
(e) 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.
(f) 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 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.
(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. 706. EVALUATION AND TREATMENT OF VETERANS AND CIVILIANS AT
MILITARY TREATMENT FACILITIES.
(a) In General.--The Secretary of Defense may 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--
(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) 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) may bill the
individual and accept reimbursement from the 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 understanding with the Secretary of Veterans
Affairs under which the Secretary of Veterans Affairs will
reimburse a military treatment facility 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.--Any amounts collected by a military
treatment facility under paragraph (1) or (2) for health care
services provided to an individual under subsection (a) shall
be made available to such facility to improve access to health
care, improve health outcomes, and enhance the experience of
care for covered beneficiaries at such facility.
(c) 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. PILOT PROGRAM TO PROVIDE HEALTH INSURANCE TO MEMBERS OF THE
RESERVE COMPONENTS OF THE ARMED FORCES.
(a) Pilot Program Authorized.--
(1) In general.--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 subsection (b) 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 subsection (b) during an
open enrollment period established by the Director for
purposes of this section;
(B) include a variety of national and regional
health benefits plans that--
(i) meet the requirements of this section;
(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.
(b) Health Benefits Plans.--
(1) 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.
(2) Description of plans.--Health benefits plans contracted
for under this subsection--
(A) may vary by type of plan design, covered
benefits, geography, and price;
(B) shall include maximum limitations on out-of-
pocket expenses paid by an eligible reserve component
beneficiary for the health care provided; and
(C) may not exclude an eligible reserve component
member who chooses to enroll.
(3) Quality of plans.--The Director shall ensure that each
health benefits plan offered under this section offers a high
degree of quality, as determined by criteria such as--
(A) access to an ample number of medical providers,
as determined by the Director;
(B) adherence to industry-accepted quality
measurements, as determined by the Director;
(C) access to benefits described in subsection (c),
including ease of referral for health care services;
and
(D) 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.
(c) Benefits.--A health benefits plan offered by the Director under
this section shall include, at a minimum, the following benefits:
(1) The health care benefits provided under chapter 55 of
title 10, United States Code, excluding pharmaceutical, dental,
and extended health care option benefits.
(2) The essential health benefits described in section 1302
of the Patient Protection and Affordable Care Act (42 U.S.C.
18022), excluding pharmaceutical and dental benefits.
(3) Such other benefits as the Director determines
appropriate.
(d) Care at Facilities of Uniformed Services.--
(1) In general.--If an eligible reserve component
beneficiary receives benefits described in subsection (c) 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 reasonable charges for such benefits.
(2) Military treatment facilities.--The Secretary, in
consultation with the Director--
(A) may contract with qualified carriers with which
the Director has contracted under subsection (b) to
provide health insurance coverage for health care
services provided at military treatment facilities
under this section; and
(B) may receive payments under section 1095 of
title 10, United States Code, from qualified carriers
for health care services provided at military treatment
facilities under this section.
(e) Special Rule Relating to Active Duty Period.--
(1) In general.--An eligible reserve component member may
not receive benefits under a health benefits plan under this
section during any period in which the member is serving on
active duty for more than 30 days.
(2) Treatment of dependents.--Paragraph (1) does not affect
the coverage under a health benefits plan of any dependent of
an eligible reserve component member.
(f) 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 section if the individual is eligible to
enroll in a health benefits plan under the Federal Employees Health
Benefits Program.
(g) Cost Sharing.--
(1) Responsibility for payment.--
(A) In general.--Except as provided in subparagraph
(B), an eligible reserve component member shall pay an
annual premium amount calculated under paragraph (2)
for coverage under a health benefits plan under this
section and additional amounts described in paragraph
(3) for health care services in connection with such
coverage.
(B) 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
paragraph (2) or additional amounts under
paragraph (3).
(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 section, during any period
described in clause (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.
(2) Premium amount.--
(A) In general.--The annual premium calculated
under this paragraph is an amount equal to 28 percent
of the total annual amount of a premium under the
health benefits plan selected.
(B) Types of coverage.--The premium amounts
calculated under this paragraph shall include separate
calculations for--
(i) coverage as an individual;
(ii) self plus one coverage; and
(iii) self and family coverage.
(3) Additional amounts.--The additional amounts described
in this paragraph 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.
(h) Contracting.--
(1) In general.--In contracting for health benefits plans
under subsection (b), 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--
(A) a contract under this section 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;
(B) a contract under this section shall contain a
detailed statement of benefits offered and shall
include such maximums, limitations, exclusions, and
other definitions of benefits as the Director considers
necessary or desirable;
(C) a contract under this section shall ensure that
an eligible reserve component member who is eligible to
enroll in a health benefits plan pursuant to such
contract is able to enroll in such plan; and
(D) the terms of a contract under this section
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.
(2) 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 paragraph (1).
(i) Recommendations and Data.--
(1) 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--
(A) matters involving military treatment
facilities;
(B) matters unique to eligible reserve component
members and their dependents; and
(C) such other strategic guidance necessary for the
Director to administer this section as the Secretary of
Defense, in consultation with the Secretary of Homeland
Security, considers appropriate.
(2) Limitation on implementation.--The Director shall not
implement any recommendation provided by the Secretary of
Defense under paragraph (1) if the Director determines that the
implementation of the recommendation would result in eligible
reserve components beneficiaries receiving less generous health
benefits under this section than the health benefits commonly
available to individuals under the Federal Employees Health
Benefits Program during the same period.
(j) Funding.--
(1) In general.--The Secretary of Defense and the Director
shall jointly establish an appropriate mechanism to fund the
pilot program under this section.
(2) Availability of amounts.--Amounts shall be made
available to the Director pursuant to the mechanism established
under paragraph (1), without fiscal year limitation--
(A) for payments to health benefits plans under
this section; and
(B) to pay the costs of administering this section.
(k) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(2) Eligible reserve component beneficiary.--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 this section.
(3) Eligible reserve component member.--The term ``eligible
reserve component member'' means a member of the Selected
Reserve of the Ready Reserve of an Armed Force.
(4) Extended health care option.--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) Federal employees health benefits program.--The term
``Federal Employees Health Benefits Program'' means the health
insurance program under chapter 89 of title 5, United States
Code.
(6) Qualified carrier.--The term ``qualified carrier''
means an insurance carrier that is licensed to issue group
health insurance in any State or the District of Columbia.
SEC. 708. PILOT PROGRAM ON TREATMENT OF MEMBERS OF THE ARMED FORCES FOR
POST-TRAUMATIC STRESS DISORDER RELATED TO MILITARY SEXUAL
TRAUMA.
(a) In General.--The Secretary of Defense may carry out a pilot
program to assess the feasibility and advisability of using intensive
outpatient programs to treat members of the Armed Forces suffering from
post-traumatic stress disorder resulting from military sexual trauma,
including treatment for substance use disorder, depression, and other
issues related to such conditions.
(b) Grants to Community Partners.--
(1) In general.--The pilot program authorized by subsection
(a) shall be carried out using grants, awarded on a competitive
basis, to community partners described in paragraph (2).
(2) Community partners.--A community partner described in
this paragraph is a private health care organization or
institution that--
(A) provides health care to members of the Armed
Forces;
(B) provides evidence-based treatment for
psychological and neurological conditions that are
common among members of the Armed Forces, including
post-traumatic stress disorder, traumatic brain injury,
substance use disorder, and depression;
(C) provides health care, support, and other
benefits to family members of members of the Armed
Forces; and
(D) provides health care under the TRICARE program
(as that term is defined in section 1072 of title 10,
United States Code).
(c) Requirements of Grant Recipients.--Each community partner
awarded a grant under subsection (b) shall--
(1) carry out intensive outpatient programs of short
duration to treat members of the Armed Forces suffering from
post-traumatic stress disorder resulting from military sexual
trauma, including treatment for substance use disorder,
depression, and other issues related to such conditions;
(2) use evidence-based and evidence-informed treatment
strategies in carrying out such programs;
(3) share clinical and outreach best practices with other
community partners participating in the pilot program
authorized by subsection (a); and
(4) annually assess outcomes for members of the Armed
Forces individually and throughout the community partners with
respect to the treatment of conditions described in paragraph
(1).
(d) Federal Share.--The Federal share of the costs of programs
carried out by a community partner awarded a grant under subsection (b)
using a grant under that subsection may not exceed 50 percent.
(e) Termination.--The Secretary may not carry out the pilot program
authorized by subsection (a) after the date that is three years after
the date of the enactment of this Act.
Subtitle B--Health Care Administration
SEC. 721. CONSOLIDATION OF THE MEDICAL DEPARTMENTS OF THE ARMY, NAVY,
AND AIR FORCE INTO THE DEFENSE HEALTH AGENCY.
(a) In General.--Not earlier than the date that is 60 days after
the Committees on Armed Services of the Senate and the House of
Representatives receive the consolidation plan submitted under
subsection (d), the Secretary of Defense shall disestablish the medical
departments of the Armed Forces and consolidate all activities of such
departments into the Defense Health Agency in a manner that--
(1) ensures continuity in the provision of health care
services to members of the Armed Forces and other eligible
beneficiaries; and
(2) maintains the medical force readiness capabilities of
the military health system.
(b) Medical Operations Within Defense Health Agency.--
(1) In general.--The consolidation required by this section
shall, at a minimum, meet the requirements of this subsection.
(2) Medical operations.--All medical operations of the
Department of Defense (including all military medical treatment
facilities, training organizations, and medical research
entities of the military departments) shall be discharged
through a single agency established or organized within, and
assigned to, the Defense Health Agency.
(3) Director.--The Director of the Defense Health Agency
shall be an officer of the Armed Forces who, while so serving,
holds the grade of lieutenant general or, in the case of the
Navy, vice admiral. The Director shall be appointed from among
officers of the Armed Services who are members of the medical
corps, the dental corps, the medical service corps (including
the biomedical service corps), or the nurse corps. An
individual appointed as the Director shall serve a term of not
fewer than four years.
(4) Subordinate organizations.--
(A) In general.--The Defense Health Agency shall
have four subordinate organizations as follows:
(i) An organization that includes all
military medical treatment facilities,
including facilities or elements that are
combined or operating jointly with a medical
facility of another department or agency of the
Federal Government.
(ii) An organization responsible for the
following:
(I) All medical professional
recruitment and retention activities of
the Department.
(II) All medical training,
education, research, and development
activities of the Department
(III) Any organizations designated
as executive agents of the Department
for medical operations or activities of
the Department as of December 31, 2016.
(iii) An organization responsible for the
activities and duties of the Defense Health
Agency as of December 31, 2016.
(iv) An organization responsible for all
activities and duties of the Department to
improve and maintain medical force readiness
capabilities and to ensure the combat casualty
care and trauma readiness of military health
care providers.
(B) Heads of organizations.--The head of each
subordinate organization under this paragraph shall,
while so serving, be an officer of the Armed Forces who
holds the grade of major general or, in the case of the
Navy, rear admiral, or a civilian of equivalent grade.
The head of each subordinate organization, if an
officer of the Armed Forces, shall be a member of the
medical corps, the dental corps, the medical service
corps (including the biomedical service corps), or the
nurse corps.
(5) Authority of director.--The Director of the Defense
Health Agency shall, subject to the supervision and control of
the Assistant Secretary of Defense for Health Affairs, be
responsible for and have the authority to conduct the following
functions relating to the medical operations activities of the
Department:
(A) Development of programs and doctrine.
(B) Preparation and submittal of program
recommendations and budget proposals to the Secretary
of Defense.
(C) Exercise of authority, direction, and control
over the expenditure of funds of the Defense Health
Program.
(D) Planning, budgeting, and expenditure of
military construction funds within the Defense Health
Program.
(E) Training assigned medical forces and conducting
specialized medical instruction for military personnel.
(F) Validation, establishment, and prioritizing of
requirements.
(G) Ensuring interoperability of equipment and
forces.
(H) Monitoring promotions, assignments, retention,
training, and professional military education of
military health care providers.
(6) Maintenance of unique medical capabilities and
expertise of the armed forces.--Notwithstanding a single agency
structure for medical operations of the Department, the unique
operational medical capabilities and expertise of health care
professionals of each of the Armed Forces shall, to the extent
practicable, be preserved and maintained.
(c) 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 redesignating paragraphs (2) and (3) of
subsection (d) as paragraphs (1) and (2), respectively,
of a new subsection (e); and
(D) by adding after subsection (e), as provided for
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
Army to the Defense Health Agency on matters pertaining to military
health readiness requirements and safety of members 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.
``(b) Duties.--(1) The Surgeon General shall perform duties
prescribed by the Secretary of the Navy and by law.
``(2) The Surgeon General 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.
``(3) The Surgeon General serves as the chief medical advisor of
the Navy and the Marine Corps to the Defense Health Agency on matters
pertaining to military health readiness requirements and safety of
members of the Navy and the Marine Corps.''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 513 of such title 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.
``(b) Duties.--(1) The Surgeon General shall perform duties
prescribed by the Secretary of the Air Force and by law.
``(2) 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.
``(3) The Surgeon General serves as the chief medical advisor of
the Air Force to the Defense Health Agency on matters pertaining to
military health readiness requirements and safety of members of the Air
Force.''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 805 of such title is amended
by striking the item relating to section 8036 and
inserting the following new item:
``8036. Surgeon General: appointment; duties.''.
(d) Consolidation Plan.--
(1) In general.--Before taking any action under subsection
(a) to consolidate the activities of the medical departments of
the Armed Forces, the Secretary of Defense shall submit to
Committees on Armed Services of the Senate and the House of
Representatives a plan to consolidate such activities.
(2) Elements.--The plan submitted under paragraph (1) with
respect to the consolidation of the activities of the medical
departments of the Armed Forces under subsection (a) shall
include, at a minimum, the following:
(A) A description of the organizational structure
of the Defense Health Agency under such consolidation.
(B) A description of the manning and management of
all medical personnel under such consolidation.
(C) A description of the command responsibilities
of the Director of the Defense Health Agency, the head
of each subordinate organization within the Defense
Health Agency, and the Surgeons General of the Army,
Navy, and Air Force under such consolidation.
(D) A description of the authorities and
responsibilities of each commander of an installation
or military service under such consolidation.
(E) A description of the activities carried out by
all elements of the Defense Health Agency under such
consolidation.
(F) An assessment of the impact of such
consolidation on--
(i) health care provided by the Department
of Defense, including the cost effectiveness of
such care;
(ii) the military readiness of members of
the Armed Forces; and
(iii) the ability of members of the Armed
Forces to meet deployment requirements.
(G) An assessment of the delineation of
accountability across the military health system under
such consolidation.
(3) Comptroller general review.--Not later than 180 days
after the Secretary of Defense submits the plan 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 plan.
(e) Report.--Not later than January 1, 2017, the Secretary of the
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the consolidation required
by this section.
(1) The number of military, civilian, and contractor
positions to be eliminated from headquarters staffs by the
disestablishment of the medical departments of the Armed Forces
and the consolidation of all activities of such departments
into the Defense Health Agency.
(2) The number of general and flag officer billets to be
eliminated from each Armed Force by the disestablishment and
consolidation.
(3) The cost savings expected to be realized as a result of
the disestablishment and consolidation.
(4) The complete schedule for the disestablishment and
consolidation.
(5) A description of the additional legislative
authorities, if any, required to fully carry out the
disestablishment and consolidation.
SEC. 722. ACCOUNTABILITY FOR THE PERFORMANCE OF THE MILITARY HEALTH
CARE SYSTEM OF CERTAIN POSITIONS IN THE SYSTEM.
(a) In General.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Secretaries of the military departments, as appropriate, shall
incorporate into the annual performance review of each position
specified in subsection (b) measures of accountability for the
performance of the military health care system described in subsection
(c) for which such position should be held accountable.
(b) Positions.--The positions specified in this subsection are the
following:
(1) The Director of the Defense Health Agency.
(2) The heads of the subordinate organizations of the
Defense Health Agency established pursuant to section
721(b)(4).
(3) The commanders of the military medical treatment
facilities of each Armed Force.
(4) The subordinate commanders of the military medical
treatment facilities of each Armed Force.
(c) Measures of Accountability for Performance.--The measures of
accountability for the performance of the military health care system
incorporated into the annual performance reviews of a position pursuant
to this section shall include measures to assess performance and assure
accountability for the following:
(1) Quality of care.
(2) Beneficiaries' access to care.
(3) Improvement in beneficiaries' health outcomes.
(4) Patient safety.
(5) Such other matters as the Secretary of Defense or the
Secretaries of the military departments, as appropriate,
consider appropriate.
(d) Limitation on Performance Bonus Payments.--Commencing upon the
incorporation of measures of accountability for the performance of the
military health care system into the annual performance reviews of a
position specified in subsection (b), a performance bonus payment may
not paid to a civilian employee of the Department of Defense occupying
such position unless the performance of the military health care system
for which such position is held responsible met or exceeded
expectations for performance during the period for which the
performance bonus payment would otherwise be made.
(e) Report on Implementation.--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 care system
into the annual performance reviews of positions as required by this
section. The report shall include the following:
(1) 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 care
system.
(2) For each position specified in subsection (b), a
description of the specific measures of accountability for
performance incorporated into the annual performance reviews of
such position pursuant to this section.
SEC. 723. SELECTION OF COMMANDERS AND DIRECTORS OF MILITARY TREATMENT
FACILITIES AND TOURS OF DUTY OF COMMANDERS OF SUCH
FACILITIES.
(a) In General.--Not later than January 1, 2018, the Secretary of
Defense shall do the following:
(1) Develop the common qualifications and core competencies
required of individuals for selection as commanders or
directors of military treatment facilities.
(2) Establish a minimum length for the tour of duty of an
individual as a commander of a military treatment facility.
(b) Qualifications and Competencies.--
(1) Standards.--In developing common qualifications and
core competencies required of individuals for selection as
commanders or directors of military treatment facilities
pursuant to subsection (a)(1), the Secretary shall include
standards with respect to the following:
(A) Professional competence.
(B) Moral and ethical integrity and character.
(C) Formal education in healthcare executive
leadership and healthcare management.
(D) Such other matters as the Secretary considers
appropriate.
(2) Objective.--The objective of the Secretary in
developing such qualifications and competencies shall be to
ensure that the individuals selected as commanders or directors
of military treatment facilities are highly qualified to serve
as health system executives in any medical treatment facility
of the Armed Forces.
(c) Tours of Duty.--
(1) In general.--Except as provided in paragraph (2), the
length of the tour of duty as a commander of a military
treatment facility of any individual assigned to such position
after January 1, 2018, may not be shorter than the longer of--
(A) the length established pursuant to subsection
(a)(2); or
(B) four years.
(2) Waiver.--The Secretary of the military department
concerned may authorize a tour of duty of an individual as a
commander of a military treatment facility of a shorter length
than is otherwise provided for in paragraph (1) if the
Secretary determines, in the discretion of the Secretary, that
there is good cause for a tour of duty in such position of
shorter length. Any such determination shall be made on a case-
by-case basis.
SEC. 724. AUTHORITY TO CONVERT MILITARY MEDICAL AND DENTAL POSITIONS TO
CIVILIAN MEDICAL AND DENTAL POSITIONS.
(a) Limited Authority for Conversion.--Chapter 49 of title 10,
United States Code, is amended by inserting after section 976 the
following new section:
``Sec. 977. Conversion of military medical and dental positions to
civilian medical and dental positions: limitation
``(a) Requirements Relating to Conversion.--A military medical or
dental position within the Department of Defense may not be converted
to a civilian medical or dental position unless the Secretary of
Defense determines that--
``(1) the position is not a military essential position;
``(2) conversion of the position would not result in the
degradation of medical care or the medical readiness of the
armed forces; and
``(3) conversion of the position to a civilian medical or
dental position is more cost effective than retaining the
position as a military medical or dental position, consistent
with Department of Defense Instruction 7041.04.
``(b) 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 `military essential', with respect to a
position, means that the position must be held by a member of
the armed forces, as determined in accordance with regulations
prescribed by the Secretary.
``(4) 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).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title 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.''.
(c) Repeal of Related Prohibition.--Section 721 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. 129c note) is repealed.
SEC. 725. AUTHORITY TO REALIGN INFRASTRUCTURE OF AND HEALTH CARE
SERVICES PROVIDED BY MILITARY TREATMENT FACILITIES.
(a) In General.--Except as provided in subsection (b), the
Secretary of a military department may realign the infrastructure of or
modify the health care services provided by a military treatment
facility under the jurisdiction of such Secretary if such realignment
or modification will better serve to--
(1) ensure the provision of safe, high quality health care
services to covered beneficiaries at the facility;
(2) adapt the delivery of health care at the facility to
rapid changes in health care delivery models in the private
sector; or
(3) maintain the medical readiness skills and core
competencies of health care providers at the facility.
(b) Exception.--A Secretary of a military department may not
realign the infrastructure of or modify the health care services
provided by a military treatment facility under subsection (a) unless
such Secretary can ensure that any covered beneficiary who may be
affected by such realignment or modification will be able to receive
through the purchased care component of the TRICARE program the health
care services that will not be available to the covered beneficiary at
the facility as a result of such realignment or modification.
(c) Report.--
(1) In general.--Before taking any action under subsection
(a) to realign the infrastructure of or modify the health care
services provided by a military treatment facility, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on any such proposed realignments or modifications.
(2) Elements.--The report required by paragraph (1) shall
include, at a minimum, the following:
(A) With respect to each military treatment
facility for which realignments or modifications are
proposed, the following:
(i) A comprehensive assessment of the
health care services provided at the facility.
(ii) 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.
(iii) A description of the current manning
levels at the facility and proposed
modifications to such manning levels.
(iv) 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.
(v) A description of the current level of
coordination between the facility and local
health care providers in the area in which the
facility is located and proposed modifications
to such level of coordination.
(vi) 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) An assessment of the current accessibility of
covered beneficiaries to health care from sources other
than military treatment facilities and any changes that
may be necessary to meet requirements relating to
health care for covered beneficiaries from such
sources, including access to and receipt of health
care.
(d) Comptroller General Review.--Not later than 60 days after the
Secretary of Defense submits a report under subsection (c), 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) 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. 726. ACQUISITION OF MEDICAL SUPPORT CONTRACTS FOR TRICARE PROGRAM.
(a) Acquisition of Contracts.--
(1) New competition.--
(A) In general.--Beginning not later than January
1, 2018, the Secretary of Defense shall conduct a new
competition of all medical support contracts with
private sector entities under the TRICARE program,
other than the overseas medical support contract, upon
the expiration of each such contract and enter into new
medical support contracts with private sector
entities--
(i) to improve access to health care for
covered beneficiaries;
(ii) to improve health outcomes for covered
beneficiaries;
(iii) to improve the quality of health care
received by covered beneficiaries;
(iv) to enhance the experience of covered
beneficiaries in receiving health care; and
(v) to lower per capita costs to the
Department of Defense of health care provided
to covered beneficiaries.
(B) Exercise of options.--The Secretary may not
exercise an option to extend any medical support
contract with a private sector entity under the TRICARE
program that would delay the award of a new medical
support contract pursuant to the competition of that
contract under subparagraph (A).
(2) Continuous competition.--
(A) In general.--Not later than one year after
entering into a medical support contract under
paragraph (1), the Secretary shall issue an open broad
agency announcement to allow potential contractors
under the TRICARE program to propose innovative ideas
and solutions to meet the medical support contract
needs of the Department under the TRICARE program.
(B) Competition requirement.--A medical support
contract awarded pursuant to the broad agency
announcement issued under subparagraph (A) shall be
deemed to meet the requirements under section 2304 of
title 10, United States Code, relating to the use of
competitive procedures to procure services.
(b) Types of Contracts.--
(1) In general.--Each contract entered into under
subsection (a) shall be competitively procured and
automatically renewable for a period of not more than 10 years
unless notice for termination is provided by either party not
later than 180 days before such termination.
(2) Scope.--The Secretary shall enter into under subsection
(a) a combination of local, regional, and national contracts to
develop individual and institutional high-performing networks
of health care providers.
(c) Elements of Contracts.--Each contract entered into under
subsection (a) shall, to the extent practicable, provide for the
following:
(1) 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.
(2) The creation of an integrated medical management system
between military treatment facilities and health care providers
in the private sector that, when appropriate, effectively
coordinates and integrates health care across the continuum of
care.
(3) With respect to telehealth services--
(A) 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
(B) the use of standardized payment methods to
reimburse health care providers for the provision of
such services.
(4) The use of value-based reimbursement methodologies that
transfer financial risk to health care providers and medical
support contractors.
(5) 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.
(6) The use of incentives, emphasizing prevention and
wellness, for covered beneficiaries receiving health care
services from private sector entities to seek such services
from high-value health care providers.
(7) 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.
(8) The elimination of the requirement to receive
authorization for a referral for specialty care services from
the direct or purchased care component of the military health
system.
(9) The use of incentives to encourage covered
beneficiaries to participate in medical and lifestyle
intervention programs.
(d) Rural, Remote, and Isolated Areas.--
(1) In general.--In entering into medical support contracts
under subsection (a) and implementing such contracts, the
Secretary shall--
(A) assess the unique characteristics of providing
health care services in rural, remote, or isolated
locations, such as Alaska and Hawaii and locations in
the contiguous 48 States;
(B) consider the various challenges inherent in
developing robust networks of health care providers in
those locations; and
(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.
(2) Certification.--The Secretary of Defense may not modify
existing medical support contracts under the TRICARE program in
rural, remote, or isolated locations, such as Alaska and Hawaii
and locations in the contiguous 48 States, or enter into new
medical support contracts under subsection (a) in those
locations, until the Secretary certifies to the Committees on
Armed Services of the Senate and the House of Representatives
that medical support contracts in those locations will--
(A) establish individual and institutional provider
networks that will ensure timely access to care for
covered beneficiaries; and
(B) deliver high-quality care, better health
outcomes, and a better experience of care for covered
beneficiaries.
(e) Comptroller General Report.--
(1) In general.--Not later than January 1, 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 that assesses the compliance of the
Secretary of Defense with the requirements of this section.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) Whether the approach of the Department of
Defense to acquiring medical support contracts under
this section would--
(i) improve access to care;
(ii) improve health outcomes;
(iii) improve the experience of care for
covered beneficiaries; and
(iv) lower per capita health care costs.
(B) Whether the Department has, in its requirements
for medical support contracts entered into under this
section, allowed for--
(i) maximum flexibility in network design
and development;
(ii) integrated medical management between
military 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 medical 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
certain 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 developed a plan for
continuous competition of medical support contracts to
enable the Department to incorporate innovative ideas
and solutions into those contracts.
(D) Whether the Department has considered, in
developing requirements for medical support contracts,
the following:
(i) The unique characteristics of providing
health care services in rural, remote, or
isolated locations, such as Alaska and Hawaii
and locations in the contiguous 48 states.
(ii) The various challenges inherent in
developing robust networks of health care
providers in those locations.
(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) Covered beneficiary; tricare program.--The terms
``covered beneficiary'' and ``TRICARE program'' have the
meaning given those terms in section 1072 of title 10, United
States Code.
(2) High-performing networks of health care providers.--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 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. 727. AUTHORITY TO ENTER INTO HEALTH CARE CONTRACTS WITH CERTAIN
ENTITIES TO PROVIDE CARE UNDER THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense may enter into contracts
to provide health care to covered beneficiaries, including behavioral
health care, with any of the following:
(1) The Department of Veterans Affairs.
(2) An Indian tribe or tribal organization that is party to
the Alaska Native Health Compact with the Indian Health
Service.
(3) An Indian tribe or tribal organization that has entered
into a contract with the Indian Health Service to provide
health care in rural Alaska or other locations in the United
States.
(b) Definitions.--
(1) Covered beneficiary.--The term ``covered beneficiary''
has the meaning given that term in section 1072 of title 10,
United States Code.
(2) Indian tribe, tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meaning given
those terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
SEC. 728. IMPROVEMENT OF HEALTH OUTCOMES AND CONTROL OF COSTS OF HEALTH
CARE UNDER TRICARE PROGRAM THROUGH PROGRAMS TO INVOLVE
COVERED BENEFICIARIES.
(a) In General.--Not later than January 1, 2018, the Secretary of
Defense shall implement the programs established under subsections (b)
and (c)--
(1) to increase the involvement of covered beneficiaries in
making health care decisions; and
(2) to encourage covered beneficiaries to share more
responsibility for the improvement of their health outcomes.
(b) Medical Intervention Incentive Program.--
(1) In general.--The Secretary shall establish a program to
incentivize covered beneficiaries to participate in medical
intervention programs established by the Secretary, such as
comprehensive disease management programs, by lowering fees for
enrollment in the TRICARE program by a certain percentage or by
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 in the previous year in such
medical intervention programs, as determined by the Secretary.
(2) Chronic diseases or conditions described.--Chronic
diseases or conditions described in this paragraph 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.
(c) Lifestyle Intervention Incentive Program.--The Secretary shall
establish a program to incentivize lifestyle interventions, such as
smoking cessation and weight reduction, by lowering fees for enrollment
in the TRICARE program by a certain percentage or by lowering copayment
and cost share amounts for health care services during a particular
year for covered beneficiaries who met participation milestones 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, as determined by the Secretary.
(d) Fee for Missing Scheduled Appointment.--
(1) In general.--The Secretary may establish a program to
charge and collect a fee from a covered beneficiary, other than
a member of the Armed Forces on active duty, for failure to
notify a military treatment facility within 24 hours of a
scheduled appointment with a health care provider at such
facility that the covered beneficiary will not attend the
appointment.
(2) Use of fee.--Any amounts collected under paragraph (1)
from a covered beneficiary for failure to notify a military
treatment facility that the covered beneficiary will not attend
an appointment at such facility shall be made available to such
facility to improve access to health care, improve health
outcomes, and enhance the experience of care for covered
beneficiaries at such facility.
(e) 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
(b), (c), and (d).
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A detailed description of the programs
implemented under subsections (b), (c), and (d).
(B) An assessment of the impact of the programs
implemented under subsection (b) and (c) on--
(i) improving health outcomes for covered
beneficiaries; and
(ii) lowering per capita health care costs
for the Department of Defense.
(C) An assessment of any reduction in numbers and
types of appointments missed by covered beneficiaries
at military treatment facilities resulting from
charging fees under subsection (d) for failure to
timely notify such facility of the inability to attend
a scheduled appointment.
(f) Regulations.--Not later than January 1, 2017, the Secretary
shall prescribe an interim final rule to carry out this section.
(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. 729. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN
THE MILITARY HEALTH SYSTEM.
(a) Centers of Excellence.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish regional centers of excellence for the provision of
military specialty care to covered beneficiaries at existing
major medical centers of the Department of Defense.
(2) Satellite centers.--The Secretary may establish
satellite centers of excellence to provide specialty care for
certain conditions, such as--
(A) post-traumatic stress;
(B) traumatic brain injury; and
(C) such other conditions as the Secretary
considers appropriate.
(3) Readiness and improvement of care.--Centers of
excellence established under this subsection shall--
(A) ensure the military medical force readiness of
the Department and the medical readiness of the Armed
Forces;
(B) improve the quality of health care received by
covered beneficiaries from the Department; and
(C) improve health outcomes for covered
beneficiaries.
(b) Types of Centers of Excellence.--
(1) In general.--Centers of excellence may be established
under subsection (a) for the following areas of specialty care:
(A) Cancer care.
(B) Care for burns, wounds, and other trauma.
(C) Emergency medicine.
(D) Rehabilitative care.
(E) Care for psychological health and traumatic
brain injury.
(F) Amputation and prosthetic care.
(G) Health care for women.
(H) Neurosurgical care.
(I) Orthopedic care and sports medicine.
(J) Treatment for substance use disorder, which may
include medication-assisted treatment.
(K) Infectious diseases.
(L) Such other areas of specialty care as the
Secretary considers appropriate to ensure the military
medical force readiness of the Department and the
medical readiness of the Armed Forces.
(2) Multiple specialties.--A major medical center of the
Department may be established as a center of excellence for
more than one area of specialty care.
(c) Primary Source for Specialty Care.--
(1) In general.--Centers of excellence established under
subsection (a) shall be the primary source within the military
health system for the receipt by covered beneficiaries of
specialty care.
(2) Referral.--Covered beneficiaries seeking specialty care
services through the military health system shall be referred
to a center of excellence established under subsection (a) or
to an appropriate specialty care provider in the private
sector.
(d) Report.--
(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 that sets forth a plan
for the Department to establish centers of excellence under
this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A list of the centers of excellence to be
established under this section and the locations of
such centers.
(B) A description of the specialty care services to
be provided at each such center and a staffing plan for
each such center.
(C) A comprehensive plan to refer covered
beneficiaries for specialty care services at centers of
excellence established under this section and centers
of excellence in the private sector.
(D) A plan to assist covered beneficiaries with
travel and lodging, if necessary, in connection with
the receipt of specialty care services at centers of
excellence established under this section or centers of
excellence in the private sector.
(E) A plan to transfer the majority of specialty
care providers of the Department to centers of
excellence established under this section, in a number
as determined by the Secretary to be required to
provide specialty care services to covered
beneficiaries at such centers.
(e) 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. 730. PROGRAM TO ELIMINATE VARIABILITY IN HEALTH OUTCOMES AND
IMPROVE QUALITY OF HEALTH CARE SERVICES DELIVERED IN
MILITARY TREATMENT FACILITIES.
(a) In General.--Beginning not later than January 1, 2018, the
Secretary of Defense shall conduct a program--
(1) to establish best practices for the delivery of health
care services for certain diseases or conditions at military
treatment facilities;
(2) to incorporate those best practices into the daily
operations of military treatment facilities selected by the
Secretary for purposes of the program, with priority in
selection given to military treatment facilities that are or
will be established as regional centers of excellence for the
provision of military specialty care under section 729; and
(3) to eliminate variability in health outcomes and to
improve the quality of health care services delivered at
military treatment facilities selected by the Secretary for
purposes of the program.
(b) Phases of Program.--The Secretary shall carry out the program
in phases as follows:
(1) Phase 1.--
(A) In general.--During phase 1 of the program, the
Secretary shall conduct a baseline assessment of health
care delivery and outcomes at military treatment
facilities--
(i) to evaluate and determine evidence-
based best practices, within the direct care
component of the military health system and the
private sector, for treating not fewer than
three diseases or conditions identified by the
Secretary for purposes of the program; and
(ii) to select not more than five military
treatment facilities to participate as test
sites under the program by incorporating the
evidence-based best practices determined under
subparagraph (A) into the treatment at those
facilities of the diseases or conditions
identified under such subparagraph.
(B) Timing.--The Secretary shall initiate phase 1
of the program not later than January 1, 2018, and
complete such phase not later than July 1, 2018.
(2) Phase 2.--
(A) In general.--During phase 2 of the program, the
Secretary shall--
(i) incorporate the evidence-based best
practices determined under paragraph (1)(A)(i)
for the treatment of diseases or conditions
identified under such paragraph into the
treatment for those diseases or conditions at
all military treatment facilities that provide
treatment for those diseases or conditions; and
(ii) at the military treatment facilities
selected as test sites under paragraph
(1)(A)(ii), evaluate and determine evidence-
based best practices for treating not more than
12 additional diseases or conditions identified
by the Secretary for purposes of the program.
(B) Timing.--The Secretary shall initiate phase 2
of the program immediately following the completion of
phase 1 under paragraph (1) and complete phase 2 not
later than 180 days after initiating phase 2.
(3) Phase 3.--
(A) In general.--During phase 3 of the program, the
Secretary shall incorporate the evidence-based best
practices determined under paragraph (2)(A)(ii) for the
treatment of the additional diseases or conditions
identified under such paragraph into treatment for
those diseases or conditions at all military treatment
facilities that provide treatment for those diseases or
conditions.
(B) Timing.--The Secretary shall initiate phase 3
of the program immediately following the completion of
phase 2 under paragraph (2) and complete phase 3 not
later than 180 days after initiating phase 3.
(c) Adjustment of Services Provided at Military Treatment
Facilities.--During the period in which the program is being carried
out, the Secretary shall continuously monitor and adjust the health
care services delivered at military treatment facilities and the number
of patients enrolled at military treatment facilities--
(1) to ensure a high degree of safety and quality in the
provision of health care at those facilities; and
(2) to ensure that those facilities provide only the health
care services that are critical for maintaining operational
medical force readiness and the medical readiness of the Armed
Forces.
SEC. 731. ESTABLISHMENT OF ADVISORY COMMITTEES FOR MILITARY TREATMENT
FACILITIES.
(a) In General.--The Secretary of Defense shall establish an
advisory committee for each military treatment facility.
(b) Members.--
(1) In general.--The members of each advisory committee
established under subsection (a) shall include the following
individuals selected by the Secretary:
(A) Six individuals who are eligible for health
care under the military health system, selected as
follows:
(i) Two members of the Armed Forces on
active duty, including one officer and one
enlisted member.
(ii) Two family members of a member of the
Armed Forces on active duty.
(iii) Two former members of the Armed
Forces.
(B) Such employees of the Federal Government as the
Secretary considers appropriate for purposes of the
advisory committee.
(2) Status of certain members.--A member selected under
paragraph (1)(A) who is not a member of the Armed Forces on
active duty or a 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.
SEC. 732. 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) Appointment Scheduling Process.--
(1) In general.--Under the system implemented under
subsection (a), each military treatment facility shall make a
centralized appointment scheduling process available to covered
beneficiaries that includes the ability to schedule
appointments manually via telephone or automatically via a
device that is connected to the Internet through an online
scheduling system described in paragraph (2).
(2) 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:
(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) 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.
(e) 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. 733. DISPLAY OF WAIT TIMES AT URGENT CARE CLINICS, EMERGENCY
DEPARTMENTS, AND PHARMACIES OF MILITARY TREATMENT
FACILITIES.
(a) Urgent Care Clinics and Emergency Departments.--
(1) Placement.--Not later than January 1, 2018, the
commander or director of a military treatment facility shall
place in a conspicuous location at each urgent care clinic and
emergency department of the military treatment facility 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 commander or director, as the case may be, 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 or
emergency department, as the case may be, and ending at the
time at which the patient is first seen by a qualified medical
professional.
(b) Pharmacies.--
(1) Placement.--Not later than January 1, 2018, the
commander or director of a military treatment facility shall
place in a conspicuous location at each pharmacy of the
military treatment facility 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 commander or director, as the case may be, 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.
(c) 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. 734. IMPROVEMENT AND MAINTENANCE OF COMBAT CASUALTY CARE AND
TRAUMA CARE SKILLS OF HEALTH CARE PROVIDERS OF DEPARTMENT
OF DEFENSE.
(a) In General.--Not later than January 1, 2018, the Secretary of
Defense shall implement measures to improve and maintain the combat
casualty care and trauma care skills of health care providers of the
Department of Defense.
(b) Measures To Be Implemented.--The measures required to be
implemented under subsection (a) shall include the following:
(1) The conduct of 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
submittal of the report, including an assessment of lessons
learned to improve combat casualty care in future conflicts.
(2) The expansion of the network of military-civilian
trauma combat casualty care training sites to provide
integrated combat trauma teams, such as forward surgical teams,
with maximum exposure to a high volume of patients with
critical injuries.
(3) The establishment of a personnel management plan for
important wartime medical specialties, as determined by the
Secretary, such as emergency medical services and prehospital
care, trauma surgery, critical care, anesthesiology, and
emergency medicine, that includes, at a minimum--
(A) the number of positions required in each such
medical specialty;
(B) crucial organizational and operational
assignments for personnel in each such medical
specialty; and
(C) career pathways for personnel in each such
medical specialty.
(4) The development of standardized tactical combat
casualty care instruction for all members of the Armed Forces,
including the use of standardized trauma training platforms.
(5) The development of a comprehensive trauma care registry
to compile relevant data from point of injury through
rehabilitation of members of the Armed Forces.
(6) The development of quality of care outcome measures for
combat casualty care.
(7) The conduct of research on the leading causes of
morbidity and mortality of members of the Armed Forces in
combat.
SEC. 735. 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 in subsection (c), not later
than 90 days after submitting the report required by subsection (d), or
one year after the date of the enactment of this Act, whichever occurs
first, 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 To Be Implemented.--The measures required to be
implemented under subsection (a) shall include the following:
(1) The Secretary shall ensure that each medical specialty
required for the military medical force readiness of the
Department of Defense is not substituted for any other medical
specialty.
(2) The Secretary shall modify the medical services
provided through the military health system to ensure that the
only medical services provided at military treatment facilities
are those medical services that are directly required--
(A) to maintain the critical wartime medical
readiness skills and core competencies of health care
providers within the Armed Forces; and
(B) to ensure the medical readiness of the Armed
Forces.
(3) The Secretary shall reduce authorized strengths for
military and civilian personnel throughout the military health
system to the manning levels required--
(A) to maintain the critical wartime medical
readiness skills and core competencies of health care
providers within the Armed Forces; and
(B) to ensure the medical readiness of the Armed
Forces.
(4) The Secretary shall reduce or eliminate infrastructure
in the military health system, including infrastructure of
military treatment facilities, that--
(A) does not maintain the critical wartime medical
readiness skills and core competencies of health care
providers within the Armed Forces; or
(B) does not ensure the medical readiness of the
Armed Forces.
(5) The Secretary shall ensure that any covered beneficiary
who may be affected by modifications, reductions, or
eliminations implemented under this section 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 treatment facility as a
result of such modifications, reductions, or eliminations.
(c) Exception.--The Secretary is not required to implement measures
under subsection (a) with respect to overseas military health care
facilities in a country if the Secretary determines that medical
services in addition to the medical services described in subsection
(b)(2) are necessary to ensure that covered beneficiaries located in
that country have access to a similar level of care available to
covered beneficiaries located in the United States.
(d) Report on Modifications.--
(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 modifications to
medical services, military treatment facilities, and personnel
in the military health system to be implemented pursuant to
subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include, at a minimum, the following:
(A) A description of the medical services and
associated personnel capacities necessary for the
military medical force readiness of the Department of
Defense.
(B) A comprehensive plan to modify the personnel
and infrastructure of the military health system to
exclusively provide medical services necessary for the
military medical force readiness of the Department of
Defense, including the following:
(i) A description of the planned changes or
reductions in medical services provided by the
military health system.
(ii) A description of the planned changes
or reductions in staffing of military
personnel, civilian personnel, and contractor
personnel within the military health system.
(iii) A description of the personnel
management authorities through which changes or
reductions described in clauses (i) and (ii)
will be made.
(iv) A description of the planned changes
to the infrastructure of the military health
system.
(v) An estimated timeline for completion of
the changes or reductions described in clauses
(i), (ii), and (iv) and other key milestones
for implementation of such changes or
reductions.
(e) Comptroller General Report.--
(1) In general.--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
assessing the implementation by the Secretary of Defense of
measures to maintain the critical wartime medical readiness
skills and core competencies of health care providers within
the Armed Forces, as required under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of whether the Department of
Defense provides any medical services at military
treatment facilities that are not services directly
required--
(i) to maintain the critical wartime
medical readiness skills and core competencies
of health care providers within the Armed
Forces; and
(ii) to ensure the medical readiness of the
Armed Forces.
(B) An assessment of whether the Department has
maintained authorized strengths for military and
civilian personnel throughout the military health
system at manning levels that are higher than the
levels required--
(i) to maintain the critical wartime
medical readiness skills and core competencies
of health care providers within the Armed
Forces; and
(ii) to ensure the medical readiness of the
Armed Forces.
(C) An assessment of whether the Department has
maintained infrastructure in the military health
system, including infrastructure of military treatment
facilities, that--
(i) does not maintain the critical wartime
medical readiness skills and core competencies
of health care providers within the Armed
Forces; or
(ii) does not ensure the medical readiness
of the Armed Forces.
(d) Definitions.--In this section:
(1) 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.
(2) 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.
(3) The terms ``covered beneficiary'' and ``TRICARE
program'' have the meanings given those terms in section 1072
of title 10, United States Code.
SEC. 736. 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 delivery
systems through partnerships with other health systems, including local
or regional health systems in the private sector and the Veterans
Health Administration--
(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,
the Department of Veterans Affairs, and the private sector,
including such staff, equipment, and training assets as may be
required to carry out such integrated health delivery systems;
and
(5) to transfer health care services from military
treatment facilities to other health systems that are not
essential for the maintenance of operational medical force
readiness skills of health care providers of the Department.
(b) Elements of Systems.--Each military-civilian integrated health
delivery system established under paragraph (a) shall do the following:
(1) 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.
(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.
(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,
healthcare centers of excellence, public or private academic
medical institutions, 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.
(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. 737. CONTRACTS WITH PRIVATE SECTOR ENTITIES TO PROVIDE CERTAIN
HEALTH CARE SERVICES AT MILITARY TREATMENT FACILITIES.
(a) In General.--Not later than January 1, 2018, the Secretary of
Defense shall enter into centrally-managed, performance-based contracts
under this section with private sector entities to augment the delivery
of health care services at military treatment facilities that have a
limited or restricted ability to provide health care services, such as
primary care or expanded-hours urgent care.
(b) Contracts.--In entering into contracts with private sector
entities under this section, the Secretary shall--
(1) consider the demand by covered beneficiaries for health
care services, such as primary care or expanded-hours urgent
care services;
(2) project the workload gaps at military treatment
facilities associated with the demand for such health care
services; and
(3) seek to--
(A) improve the health of covered beneficiaries;
(B) improve the access of covered beneficiaries to
health care services;
(C) produce cost savings for the Department of
Defense; and
(D) maximize the use by covered beneficiaries of
the direct care component of the military health system
to maintain operational medical force readiness and the
medical readiness of the Armed Forces.
(c) 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 Senate and
the House of Representatives a plan to carry out this section.
(2) Plan.--The plan required under paragraph (1) shall
include the following:
(A) A description of the number and types of
contracts that the Secretary intends to enter into
under this section.
(B) A description of the performance measures to be
used by the Secretary in procuring performance-based
contracts under this section.
(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. 738. MODIFICATION OF ACQUISITION STRATEGY FOR HEALTH CARE
PROFESSIONAL STAFFING SERVICES.
Section 725(a) 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 amended--
(1) in paragraph (2)--
(A) by redesignating subparagraph (G) as
subparagraph (H); and
(B) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) A plan to implement throughout the Department
a performance-based, strategic-sourcing contract for
acquiring such services for the military health system
that includes the following:
``(i) Except as provided in clause (ii), a
requirement that all components of the military
health system use such contract.
``(ii) A process for obtaining a waiver of
such requirement based on a documented
rationale to use another contract or
acquisition approach.''; and
(2) by adding at the end the following new paragraph:
``(3) Evaluation of results.--The Secretary shall use
methods and metrics established as part of the acquisition
strategy under paragraph (1) to evaluate the results of the
acquisition strategy and revise the acquisition strategy as the
Secretary considers appropriate.''.
SEC. 739. 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).
Subtitle C--Reports and Other Matters
SEC. 751. PILOT PROGRAM ON EXPANSION OF USE OF PHYSICIAN ASSISTANTS TO
PROVIDE MENTAL HEALTH CARE TO MEMBERS OF THE ARMED
FORCES.
(a) Pilot Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall commence the
conduct of 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) Eligible Individuals.--An individual eligible for participation
in the pilot program is an individual who--
(1) has successfully graduated with a masters degree in
physician assistant studies from an accredited physician
assistant program;
(2) is certified by the National Commission on
Certification of Physician Assistants;
(3) has a valid license, certification, and registration
necessary to practice medicine;
(4) does not have any pending challenge, investigation,
revocation, restriction, disciplinary action, suspension,
reprimand, probation, denial, or withdrawal with respect to any
license, certification, or registration described in paragraph
(3);
(5) is a commissioned officer in the Armed Forces; and
(6) meets the requirements necessary to be deployed as such
an officer throughout the world.
(c) Selection of Individuals.--The Secretary shall select not fewer
than five individuals described in subsection (b) to participate in the
pilot program for each round of the psychiatric fellowship program
conducted under subsection (d).
(d) Psychiatric Fellowship Program.--
(1) In general.--In carrying out the pilot program, the
Secretary shall establish a psychiatric fellowship program for
physician assistants.
(2) Rounds of program.--The psychiatric fellowship program
under paragraph (1) shall consist of two rounds, each with a
maximum duration of two years.
(3) Use of other programs.--In carrying out the psychiatric
fellowship program under paragraph (1), the Secretary shall use
resources available under existing graduate medical education
programs of the Department of Defense to the greatest extent
possible.
(e) Reports on Pilot Program.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the
date on which the Secretary completes the first round
of the psychiatric fellowship program under subsection
(d), 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) Elements.--The report required by subparagraph
(A) shall include the following:
(i) A description of the implementation of
the pilot program, including a detailed
description of the education and training
provided under the pilot program.
(ii) An assessment of potential cost
savings, if any, to the Federal Government
resulting from the pilot program.
(iii) A description of improvements, if
any, to the access of members of the Armed
Forces to mental health care resulting from the
pilot program.
(iv) A description of recommendations, if
any, of the Secretary of alternative methods to
improve the access of members of the Armed
Forces to mental health care other than through
the pilot program.
(v) A recommendation as to the feasibility
and advisability of extending or expanding the
pilot program.
(2) Final report.--Not later than 90 days after the date on
which the pilot program terminates under subsection (f), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives an update to the
report submitted under paragraph (1).
(f) Termination.--The authority of the Secretary to carry out the
pilot program shall terminate upon the completion of the second round
of the psychiatric fellowship program under subsection (d).
SEC. 752. IMPLEMENTATION OF PLAN TO ELIMINATE CERTAIN GRADUATE MEDICAL
EDUCATION PROGRAMS OF DEPARTMENT OF DEFENSE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall implement a
phased plan to eliminate graduate medical education programs of the
Department of Defense that do not directly support the operational
medical force readiness requirements for health care providers within
the Armed Forces or the medical readiness of the Armed Forces.
(b) Report.--
(1) 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 that sets forth the phased plan of the
Secretary that is required to be implemented under subsection
(a).
(2) Elements.--The report required to be submitted under
paragraph (1) shall include the following with respect to the
phased plan of the Secretary:
(A) An identification of locations at which
training under a graduate medical education program
will be eliminated under the plan, including training
at civilian institutions, disaggregated by military
department.
(B) An identification of the types of graduate
medical education programs to be eliminated under the
plan, such as intern, residency, subspecialty, and
fellowship programs, and the number of participants
affected, disaggregated by military department.
(C) An assessment of the amount of time required to
eliminate the graduate medical education programs under
the plan, including a timeline for the elimination of
each such program.
(D) An assessment of the annual cost savings to the
Department resulting from the elimination of graduate
medical education programs under the plan.
SEC. 753. 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. 754. MEMORANDA OF AGREEMENT WITH INSTITUTIONS OF HIGHER EDUCATION
THAT OFFER DEGREES IN ALLOPATHIC OR OSTEOPATHIC MEDICINE.
(a) In General.--The Secretary of Defense shall enter into
memoranda of agreement with local or regional institutions of higher
education that offer degrees in allopathic or osteopathic medicine to
establish affiliations between such institutions and military treatment
facilities.
(b) Affiliation With Military Treatment Facility.--Under each
memorandum of agreement entered into with an institution of higher
education under subsection (a), not fewer than one military treatment
facility located in the area of such institution shall serve as an
affiliated teaching hospital for such institution, including by sharing
training facilities, staff, and material resources between the military
treatment facility and such institution.
SEC. 755. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND.
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''.
SEC. 756. PROHIBITION ON CONDUCT OF CERTAIN MEDICAL RESEARCH AND
DEVELOPMENT PROJECTS.
The Secretary of Defense and each Secretary of a military
department may not fund or conduct a medical research and development
project unless the Secretary funding or conducting the project
determines that the project is designed to directly protect, enhance,
or restore the health and safety of members of the Armed Forces.
SEC. 757. AUTHORIZATION OF REIMBURSEMENT BY DEPARTMENT OF DEFENSE TO
ENTITIES CARRYING OUT STATE VACCINATION PROGRAMS FOR
COSTS OF VACCINES PROVIDED TO COVERED BENEFICIARIES.
(a) Reimbursement.--
(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 may not exceed the amount that the Department
would reimburse an entity for providing vaccines to
covered beneficiaries under the TRICARE 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.
SEC. 758. MAINTENANCE OF CERTAIN REIMBURSEMENT RATES FOR CARE AND
SERVICES TO TREAT AUTISM SPECTRUM DISORDER UNDER
DEMONSTRATION PROGRAM.
Effective as of the date of the enactment of this Act, in order to
maintain access to care and services to treat autism spectrum disorder
under the Comprehensive Autism Care Demonstration program of the
Department of Defense conducted under section 705 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 1092 note), as extended and modified by the Secretary of
Defense, the Secretary shall reinstate the reimbursement rates for the
provision of applied behavior analysis therapy under such program that
were in effect on March 31, 2016, and may not modify such reimbursement
rates throughout the duration of such program.
SEC. 759. INCORPORATION INTO CERTAIN SURVEYS BY DEPARTMENT OF DEFENSE
OF QUESTIONS ON SERVICEWOMEN EXPERIENCES WITH FAMILY
PLANNING SERVICES AND COUNSELING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall initiate action to integrate
into the surveys by the Department of Defense specified in subsection
(b) questions designed to obtain information on the experiences of
women 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.
(b) Covered Surveys.--The surveys into which questions shall be
integrated as described in subsection (a) are the following:
(1) The Health Related Behavior Survey of Active Duty
Military Personnel.
(2) The Health Care Survey of Department of Defense
Beneficiaries.
SEC. 760. 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
(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 such family members
and the Department of Defense.
(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. 761. 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;
(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; and
(4) implement a plan to address any instances in which
benzodiazepines and opioids are concurrently prescribed.
(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. 762. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND RELATED SERVICES
FOR CHILDREN OF MEMBERS OF THE ARMED FORCES.
(a) 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 setting forth a plan of the Department of
Defense to improve pediatric care and related services for children of
members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) In order to ensure that children receive
developmentally-appropriate and age-appropriate health care
services from the Department, a plan to align preventive
pediatric care under the TRICARE program with--
(A) standards for such care as required by the
Patient Protection and Affordable Care Act (Public Law
111-148);
(B) guidelines established for such care by the
Early and Periodic Screening, Diagnosis, and Treatment
program under the Medicaid program carried out under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.); and
(C) recommendations by organizations that
specialize in pediatrics.
(2) A plan to develop a uniform definition of ``pediatric
medical necessity'' for the Department that aligns with
recommendations of organizations that specialize in pediatrics
in order to ensure that a consistent definition of such term is
used in providing health care in military treatment facilities
and by health care providers under the TRICARE program.
(3) A plan to revise certification requirements for
residential treatment centers of the Department to expand the
access of children of members of the Armed Forces to services
at such centers.
(4) A plan to develop measures to evaluate and improve
access to pediatric care, coordination of pediatric care, and
health outcomes for such children.
(5) A plan to include an assessment of access to pediatric
specialty care in the annual report to Congress on the
effectiveness of the TRICARE program.
(6) A plan to improve the quality of and access to
behavioral health care under the TRICARE program for such
children, including intensive outpatient and partial
hospitalization services.
(7) A plan to mitigate the impact of permanent changes of
station and other service-related relocations of members of the
Armed Forces on the continuity of health care services received
by such children who have special medical or behavioral health
needs.
(8) A plan to mitigate deficiencies in data collection,
data utilization, and data analysis to improve pediatric care
and related services for children of members of the Armed
Forces.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072 of title 10,
United States Code.
SEC. 763. COMPTROLLER GENERAL REPORT ON HEALTH CARE DELIVERY AND WASTE
IN MILITARY HEALTH SYSTEM.
(a) Comptroller General Reports.--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 various
issues relating to the delivery of health care in the military health
system, with an emphasis on identifying potential waste and
inefficiency.
(b) Elements.--
(1) In general.--Each report 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.--Each report 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.
(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. 764. TREATMENT OF CERTAIN PROVISIONS RELATING TO LIMITATIONS,
TRANSPARENCY, AND OVERSIGHT REGARDING MEDICAL RESEARCH
CONDUCTED BY THE DEPARTMENT OF DEFENSE.
(a) Medical Research and Development Projects.--Section 756,
relating to a prohibition on funding and conduct of certain medical
research and development projects by the Department of Defense, shall
have no force or effect.
(b) Research, Development, Test, and Evaluation Efforts and
Procurement Activities Related to Medical Research.--Section 898,
relating to a limitation on authority of the Secretary of Defense to
enter into contracts, grants, or cooperative agreements for
congressional special interest medical research programs under the
congressionally directed medical research program of the Department of
Defense, shall have no force or effect.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy 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 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
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, Technology,
and Logistics.--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 Technology, and Logistics, 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. CONDUCT OF INDEPENDENT COST ESTIMATION AND COST ANALYSIS.
(a) In General.--Section 2334 of title 10, United States Code, is
amended--
(1) in subsection (a)(6), by striking ``conduct independent
cost estimates and cost analyses for major defense acquisition
programs and major automated information system programs for
which the Under Secretary of Defense for Acquisition,
Technology, and Logistics is the Milestone Decision Authority''
and inserting ``prepare or approve independent cost estimates
and cost analyses for major defense acquisition programs, major
automated information system programs, and major subprograms'';
(2) by redesignating subsections (b), (c), (d), (e), and
(f) as subsections (c), (d), (e), (f), and (g), respectively;
and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Independent Cost Estimates.--(1) The Secretary of Defense may
not approve the technology maturation and risk reduction, the
engineering and manufacturing development, or the production and
deployment of a major defense acquisition program, major automated
information system program, or major subprogram unless an independent
cost estimate of the full life-cycle cost of the program prepared or
approved by Director of Cost Assessment and Program Evaluation has been
considered by the Secretary.
``(2) The regulations governing the content and submission of
independent cost estimates shall require that the independent estimate
of the full life-cycle cost of a program include--
``(A) all costs of development, procurement, military
construction, operations and support, and manpower to operate,
maintain, and support the program upon full operational
deployment without regard to funding source or management
control; and
``(B) an analysis to support decision making that
identifies and evaluates alternative courses of action that may
reduce cost and risk and result in more affordable and less
costly systems.''.
(b) Repeal of Obsolete Authority.--
(1) In general.--Section 2434 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by striking
the item relating to section 2434.
SEC. 804. MODERNIZATION OF SERVICES ACQUISITION.
(a) Services Acquisition Categories.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
revise Department of Defense Instruction 5000.74, dated January 6, 2016
(in this section referred to as the ``Services Acquisition
Instruction'')--
(1) to provide guidance on how the acquisition community
should consider the changing nature of the technology and
professional services markets, particularly the convergence of
hardware and services, in its application of the Services
Acquisition Categories Instruction;
(2) to reflect a review of, and as appropriate revisions
to, the current categories of services acquisition referenced
in the Services Acquisition Categories Instruction in order to
ensure the categories are fully reflective of changes to the
technology and professional services market; and
(3) to reflect a review of existing service contracts of
the Department of Defense for purposes of reducing redundancy
and duplication.
(b) 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
new guidance addressing the training and development of the
acquisition workforce, particularly the components of the
workforce that are engaged in the procurement of services.
(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 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.--
The training and professional development provided pursuant to
this subsection shall be deemed to be equivalent to the
respective and appropriate training currently certified or
provided by the Defense Acquisition University.
SEC. 805. 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. 806. REPEAL OF TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS
FOR CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO
PERFORMANCE BY CONTRACTORS.
Section 325 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2253) is hereby repealed.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. DEFENSE COST ACCOUNTING STANDARDS.
(a) 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. 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 7 members. One member
is the Chief Financial Officer of the Department of Defense or his or
her designee, who serves as Chairman. The other 6 members, who shall
have experience in contract pricing, finance, or cost accounting in
either the Federal government or the private sector, are as follows:
``(A) 3 representatives of the Department of Defense
appointed by the Secretary of Defense; and
``(B) 3 individuals from the private sector, each of whom
is appointed by the Secretary, and--
``(i) 1 of whom is a representative of an
nontraditional defense contractor as defined in section
2302(9) of this title; and
``(ii) 1 of whom is a representative from a public
accounting firm.
``(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.--
``(1) The Defense Cost Accounting Standards Board has
exclusive authority, with respect to the Department of Defense,
to prescribe, amend, and rescind cost accounting standards, and
interpretations of the standards, designed to achieve
uniformity and consistency in the cost accounting standards
governing measurement, assignment, and allocation of costs to
contracts with the Department of Defense.
``(2) The Chief Financial Officer of the Department of
Defense, after consultation with the Board, shall prescribe
rules and procedures governing actions of the Board under this
section. The Under Secretary when prescribing rules shall
ensure the following:
``(A) Cost accounting standards used by contractors
to the Department of Defense shall to the maximum
extent practicable rely on commercial standards and
accounting practices and systems.
``(B)(i) The Secretary, in consultation with the
Defense Cost Accounting Standards Board, shall review
the cost accounting standards under section 1502 of
title 41 and make recommendations to the Cost
Accounting Standards Board to conform these standards
where practicable to United States Generally Accepted
Accounting Principles (GAAP).
``(ii) 180 days after this review, the Under
Secretary of Acquisitions, Technology, and Logistics
may promulgate new cost accounting standards as they
apply to direct costs under cost type contracts at the
Department of Defense to conform to the Secretary's
recommendations.
``(C) Indirect costs under cost type contracts
shall be determined under procedures developed by the
Department of Defense Cost Accounting Standards Board
using cost accounting records in compliance with United
States Generally Accepted Accounting Principles (GAAP).
``(D) Any cost information necessary to allocate
incentives on fixed-price incentive contracts shall be
determined using cost accounting records in compliance
with United States Generally Accepted Accounting
Principles (GAAP). However, incentives under fixed
price incentive contracts should to the maximum extent
practicable be performance-based and not cost-based.
``(3) The Board shall develop standards to ensure that
commercial operations performed by government employees at the
Department of Defense adhere to cost accounting standards that
inform managerial decision making. These standards should be
based on cost accounting standards established under this
section or United States Generally Accepted Accounting
Principles (GAAP).
``(d) Compensation.--(1) Members of the 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
employing department or agency of the officer or employee.
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by adding after
the item relating to section 189 the following new item:
``190. Defense Cost Accounting Standards Board.''.
(b) Use of Standards.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Defense Cost Accounting Standards
``(a) Mandatory Use of Standards.--(1) Cost accounting standards
prescribed under section 190(c)(2) of this title are mandatory for use
by the Department of Defense and by contractors and subcontractors in
estimating, accumulating, and reporting costs in connection with the
pricing and administration of, and settlement of disputes concerning,
all negotiated prime contract and subcontract procurements with the
Federal Government in excess of the amount set forth in section
2306a(a)(1)(A)(i) of this title as the amount is adjusted in accordance
with applicable requirements of law.
``(2) Paragraph (1) does not apply to--
``(A) a contract or subcontract for the acquisition of a
commercial item;
``(B) a contract or subcontract where the price negotiated
is based on a price set by law or regulation;
``(C) a firm, fixed-price contract or subcontract; or
``(D) a contract or subcontract with a value of less than
$7,500,000 if, when the contract or subcontract is entered
into, the segment of the contractor or subcontractor that will
perform the work has not been awarded at least one contract or
subcontract with a value of more than $7,500,000 that is
covered by the standards.
``(b) Exemptions and Waivers.--(1) The Defense Cost Accounting
Standards Board established under section 190 of this title may--
``(A) exempt classes of contractors and subcontractors from
the requirements of this section; and
``(B) establish procedures for the waiver of the
requirements of this section for individual contracts and
subcontracts.
``(2) The Secretary of Defense may waive the applicability of the
cost accounting standards for a contract or subcontract if the
Secretary determines in writing that the segment of the contractor or
subcontractor that will perform the work--
``(A) is primarily engaged in the sale of commercial items;
and
``(B) would not otherwise be subject to the cost accounting
standards under this section.
``(3) In exceptional circumstances, the head of a military service
or defense agency may waive the applicability of the cost accounting
standards for a contract or subcontract under exceptional circumstances
when necessary to meet the needs of the service or agency. A
determination to waive the applicability of the standards under this
paragraph shall be set forth in writing and shall include a statement
of the circumstances justifying the waiver.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such chapter is amended by adding
at the end the following new item:
``2338. Defense cost accounting standards.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on October 1, 2018.
(c) Comptroller General Report.--Not later than December 31, 2019,
the Comptroller General of the United States shall submit to the
congressional defense committees an annual report on the adequacy of
the Department of Defense's approach to applying commercial cost
accounting standards to indirect and fixed price incentive contracts.
(d) Auditing Requirements.--
(1) GAAP.--Commercial accounting firms shall audit the
adequacy of information presented in compliance with United
States Generally Accepted Accounting Principles (GAAP).
(2) DCAA audits.--DCAA shall audit direct costs on cost
contracts and rely on commercial audits of indirect costs,
except that in the case of companies or business units that
have more than 50 percent of government cost type contracts as
a percentage of sales, DCAA shall audit both direct and
indirect costs.
SEC. 812. INCREASED MICRO-PURCHASE THRESHOLD APPLICABLE TO DEPARTMENT
OF DEFENSE PROCUREMENTS.
(a) Increased Micro-purchase Threshold.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Micro-purchase threshold
``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.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2338. Micro-purchase threshold.''.
(b) Conforming Amendment.--Section 1902(a) of title 41, United
States Code, is amended by striking ``For purposes'' and inserting
``Except as provided in section 2338 of title 10, for purposes''.
SEC. 813. 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. 814. ELIMINATION OF BID AND PROPOSAL COSTS AND OTHER EXPENSES AS
ALLOWABLE INDEPENDENT RESEARCH AND DEVELOPMENT COSTS ON
CERTAIN CONTRACTS.
(a) 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.
``(b) Costs Treated as Fair and Reasonable and Allowable
Expenses.--The regulations prescribed pursuant to subsection (a) shall
provide that independent research and development costs shall be
considered a fair and reasonable and allowable expense on Department of
Defense contracts.
``(c) Additional Controls.--Subject to subsection (f), the
regulations prescribed pursuant to subsection (a) may include the
following provisions:
``(1) A limitation on the fair and reasonableness
determination with respect to costs of independent research and
development which the Secretary of Defense determines is of
potential interest to the Department of Defense.
``(2) A limitation that the total amount of the independent
research and development costs of the contractor that are
determined as fair and reasonable may not exceed the
contractor's adjusted maximum reimbursement amount.
``(3) 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
Department of Defense future technology and advanced
capability needs; and
``(B) from contractors to the Department of
Defense, in a reasonable manner, of information
regarding progress by the contractor on the
contractor's independent research and development
programs.
``(d) Adjusted Maximum Reimbursement Amount.--For purposes of
subsection (c)(2), the adjusted maximum reimbursement amount for a
contractor for a fiscal year is 5 percent of the total amount of the
work performed by the contractor during the preceding fiscal year on
Department of Defense contracts funded through procurement or research
development, test, and evaluation accounts using authorized
appropriations.
``(e) Waiver of Adjusted Maximum Reimbursement Amount.--The
Secretary of Defense may waive the applicability of any limitation
prescribed under subsection (c)(2) to any contractor for a fiscal year
to the extent that the Secretary determines that allowing the
contractor to exceed the contractor's adjusted maximum reimbursement
amount for such year is otherwise in the best interest of the
Government.
``(f) Limitations on Regulations.--Regulations prescribed pursuant
to subsection (c) 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 so long as the chief
executive officer certifies that the expenditures will advance
Department of Defense future technology and advanced capability needs
as transmitted pursuant to subsection (c)(3)(A).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by striking the item relating to
section 2372 and inserting the following new item:
``2372. Independent research and development costs: payments to
contractors.''.
SEC. 815. 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.
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--
``(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.''.
SEC. 816. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRACTUAL ACTIONS.
Section 2326 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``Any undefinitized contract shall be awarded on a fixed-price
level of effort basis.'';
(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 or head of a Defense Agency that it is in the best
interests of the military department or Defense Agency to continue the
action.
``(g) Foreign Military Contracts.--(1) Except as provided in
paragraph (2), a contracting officer of the Department of Defense may
not enter into an undefinitized contractual action for a foreign
military sale unless the contractual action provides for agreement upon
contractual terms, specifications, and price by the end of the 180-day
period 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)(1), as redesignated by paragraph
(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (A), (B), and (C), respectively.
SEC. 817. NON-TRADITIONAL CONTRACTOR DEFINITION.
Section 2302(9) of title 10, United States Code, is amended--
(1) by striking ``of this title, means an entity that is
not currently performing'' and inserting the following: ``of
this title--
``(A) means a specific business unit or function
with a unique entity identifier that is not currently
performing'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(B) does not mean a business unit that received a
transfer of procurement or transaction from another
business unit within the same corporate entity that is
currently performing or performed, for at least the
one-year period preceding the solicitation of sources
by the Department of Defense for the procurement or
transaction, any contract or subcontract for the
Department of Defense that is subject to full coverage
under the cost accounting standards prescribed pursuant
to section 1502 of title 41 and the regulations
implementing such section.''.
SEC. 818. COMPREHENSIVE SMALL BUSINESS CONTRACTING PLANS.
(a) Authority.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Comprehensive small business contracting plans
``(a) Authority.--The Secretary of Defense may negotiate and
administer comprehensive subcontracting plans for the purpose of
reducing administrative burdens on contractors while enhancing
opportunities provided under Department of Defense contracts for small
business concerns and covered small business concerns.
``(b) Comprehensive Small Business Subcontracting Plan.--
``(1) The Secretary of a military department or head of a
Defense Agency shall negotiate, monitor, and enforce compliance
with a comprehensive subcontracting plan with a Department of
Defense contractor described in paragraph (4).
``(2) The comprehensive subcontracting plan of a
contractor--
``(A) shall apply to the entire business
organization of the contractor or to one or more of the
contractor's divisions or operating elements, as
specified in the subcontracting plan; and
``(B) shall cover each Department of Defense
contract that is entered into by the contractor and
each subcontract that is entered into by the contractor
as the subcontractor under a Department of Defense
contract.
``(3) Each comprehensive subcontracting plan of a
contractor shall require that the contractor report to the
Secretary of Defense on a semi-annual basis the following
information:
``(A) The amount of first-tier subcontract dollars
awarded during the six-month period covered by the
report to covered small business concerns, with the
information set forth separately--
``(i) by North American Industrial
Classification System code;
``(ii) by major defense acquisition
program, as defined in section 2430(a) of this
title, that meets the criteria of Acquisition
Category 1;
``(iii) by contract, if the contract is for
the maintenance, overhaul, repair, servicing,
rehabilitation, salvage, modernization, or
modification of supplies, systems, or equipment
and the total value of the contract, including
options, exceeds $250,000,000; and
``(iv) by military department.
``(B) The total number of subcontracts active under
the test program during the six-month period covered by
the report that would have otherwise required a
subcontracting plan under paragraph (4) or (5) of
section 8(d) of the Small Business Act (15 U.S.C.
637(d)).
``(C) Costs incurred in negotiating, complying
with, and reporting on comprehensive subcontracting
plans.
``(D) Costs avoided by adoption of a comprehensive
subcontracting plan.
``(4) A Department of Defense contractor referred to in
paragraph (1) is, with respect to a comprehensive
subcontracting plan negotiated in any fiscal year, a business
concern that, during the immediately preceding fiscal year,
furnished the Department of Defense with supplies or services
(including professional services, research and development
services, and construction services) pursuant to at least three
Department of Defense contracts having an aggregate value of at
least $100,000,000.
``(c) Waiver of Certain Small Business Act Subcontracting Plan
Requirements.--A Department of Defense contractor is not required to
negotiate or submit a subcontracting plan under paragraph (4) or (5) of
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) with respect
to a Department of Defense contract if--
``(1) the contractor has negotiated a comprehensive
subcontracting plan under the test program that includes the
matters specified in section 8(d)(6) of the Small Business Act
(15 U.S.C. 637(d)(6));
``(2) such matters have been determined acceptable by the
Secretary of the military department or head of a Defense
Agency negotiating such comprehensive subcontracting plan; and
``(3) the comprehensive subcontracting plan applies to the
contract.
``(d) Failure To Make a Good Faith Effort To Comply With a
Comprehensive Subcontracting Plan.--
``(1) A contractor that has negotiated a comprehensive
subcontracting plan under the test program shall be subject to
section 8(d)(4)(F) of the Small Business Act (15 U.S.C.
637(d)(4)(F)) regarding the assessment of liquidated damages
for failure to make a good faith effort to comply with its
comprehensive subcontracting plan and the goals specified in
that plan. In addition, any such failure shall be a factor
considered as part of the evaluation of past performance of an
offeror.
``(2) Effective in fiscal year 2017 and each fiscal year
thereafter, the Secretary of Defense shall report to Congress
on any negotiated comprehensive subcontracting plan that the
Secretary determines did not meet the subcontracting goals
negotiated in the plan for the prior fiscal year.
``(e) Definitions.--In this section, the term `covered small
business concern' includes each of the following:
``(1) A small business concern, as that term is defined
under section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
``(2) A small business concern owned and controlled by
veterans, as that term is defined in section 3(q)(3) of such
Act (15 U.S.C. 632(q)(3)).
``(3) A small business concern owned and controlled by
service-disabled veterans, as that term is defined in section
3(q)(2) of such Act (15 U.S.C. 632(q)(2)).
``(4) A qualified HUBZone small business concern, as that
term is defined under section 3(p)(5) of such Act (15 U.S.C.
632(p)(5)).
``(5) A small business concern owned and controlled by
socially and economically disadvantaged individuals, as that
term is defined in section 8(d)(3)(C) of such Act (15 U.S.C.
637(d)(3)(C)).
``(6) A small business concern owned and controlled by
women, as that term is defined under section 3(n) of such Act
(15 U.S.C. 632(n)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2338. Comprehensive small business contracting plans.''.
(b) Repeal of Obsolete Authority.--Section 834 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637
note) is hereby repealed.
SEC. 819. LIMITATION ON TASK AND DELIVERY ORDER PROTESTS.
Section 2304c(e) 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) A protest is not authorized in connection with the issuance
or proposed issuance of a task or delivery order if the Secretary of
Defense determines that a task and delivery order ombudsman responsible
for reviewing complaints related to task and delivery order contracts
of the issuing agency has been appointed or designated pursuant to
subsection (f) and a process for reviewing such complaints has been
established.''.
SEC. 820. MODIFIED DATA COLLECTION REQUIREMENTS APPLICABLE TO
PROCUREMENT 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
$5,000,000''.
(b) Clarification of Applicability of Inventory Requirement to
Staff Augmentation Contracts.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``contracts for
services'' and inserting ``staff augmentation contracts''; and
(2) by adding at the end the following new paragraph:
``(4) The term `staff augmentation contracts' means contracts for
personnel who are subject to the direction of a government official
other than the contracting officer for the contract, including
contractor personnel who perform personal services contracts (as that
term is defined in section 2330a(g)(5) of this title).''.
(c) Elimination of Reporting Requirements.--Such section is further
amended--
(1) by striking subsections (g) and (h); and
(2) by redesignating subsections (i) and (j) as subsections
(g) and (h), respectively.
SEC. 821. GOVERNMENT ACCOUNTABILITY OFFICE BID PROTEST REFORMS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2338. Government Accountability Office bid protests
``(a) Payment of Costs for Denied Protests.--
``(1) In general.--A contractor who files a protest
described under paragraph (2) with the Government
Accountability Office on a contract with the Department of
Defense shall pay to the Government Accountability Office costs
incurred for processing a protest.
``(2) Covered protests.--A protest described under this
paragraph is a protest--
``(A) all of the elements of which are denied in an
opinion issued by the Government Accountability Office;
and
``(B) filed by a party with revenues in excess of
$100,000,000 during the previous year.
``(b) Withholding of Payments Above Incurred Costs of Incumbent
Contractors.--
``(1) In general.--Contractors who file a protest on a
contract on which they are the incumbent contractor shall have
all payments above incurred costs withheld on any bridge
contracts or temporary contract extensions awarded to the
contractor as a result of a delay in award resulting from the
filing of such protest.
``(2) Disposition of withheld payments above incurred
costs.--
``(A) Release to incumbent contractor.--All
payments above incurred costs of a protesting incumbent
contractor withheld pursuant to paragraph (1) shall be
released to the protesting incumbent contractor if--
``(i) the solicitation that is the subject
of the protest is cancelled and no subsequent
request for proposal is released or planned for
release; or
``(ii) if the Government Accountability
Office issues an opinion that upholds any of
the protest grounds filed under the protest.
``(B) Release to awardee.--Except for the
exceptions set forth in subparagraph (A), all payments
above incurred costs of a protesting incumbent
contractor withheld pursuant to paragraph (1) shall be
released to the contractor that was awarded the
protested contract prior to the protest.
``(C) Release to gao in event of no contract
award.--Except for the exceptions set forth in
subparagraph (A), if a protested contract for which
payments above incurred costs are withheld under
paragraph (1) is not awarded to a contractor, the
withheld payments shall be released to the Government
Accountability Office and deposited into an account
that can be used by the Office to offset costs
associated with Government Accountability Office bid
protests in which the Government Accountability Office
issues an opinion in favor of a small business concern,
either as a direct or third party beneficiary.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 2337 the
following new item:
``2338. Government Accountability Office bid protests.''.
SEC. 822. 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) A description of trends in the number of bid protests
filed, and the rate of such bid protests compared to contract
obligations and the number of contracts.
(2) 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.
(3) A description of trends in the number of bid protests
filed and the rate of such bid protests on--
(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; and
(D) contracts valued under $50,000,000.
(4) 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.
(5) An analysis of how often protestors win the protested
contract.
(6) A summary of the results of protests in which the
contracting agencies took unilateral corrective action,
including--
(A) the average time for remedial action to be
completed; and
(B) a determination as to what extent such
unilateral action was a result of a violation of law or
regulation by the agency, or such action was a result
of some other factor.
(7) A description of the time it takes agencies to
implement corrective actions after a ruling or decision.
(c) 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. 823. 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 shall
be considered to be the use of competitive procedures for purposes of
chapter 137 of this title, when procuring items that have been
successfully tested and found to satisfy United States military
requirements or to correct operational deficiencies.''.
SEC. 824. DEFENSE ACQUISITION CHALLENGE PROGRAM.
(a) Expansion of Scope To Include Alternatives to Existing
Acquisition Programs.--Subsection (a)(2) of section 2359b of title 10,
United States Code, is amended--
(1) by inserting ``, or an alternative approach to an
existing Department of Defense acquisition program,'' after
``of an existing Department of Defense acquisition program'';
and
(2) by inserting ``or function'' after ``capability of that
acquisition program''.
(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 Developed Procedures as Use of
Competitive Procedures.--The use of general solicitation competitive
procedures developed pursuant to subsection (c)(3) 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''.
SEC. 825. 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 inappropriate circumstances that potentially 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 Department of Defense shall revise the Defense Federal
Acquisition Regulation Supplement (DFARS) to require that, for new
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 term
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) a review of technical proposals of offerors other than
the lowest bidder would result in no, or minimal, benefit to
the Department; and
(5) the contracting officer has included a justification
for the use of a Lowest Price Technically Acceptable evaluation
methodology in the contract file, if the contract to be awarded
is predominately for the acquisition of information technology
services, systems engineering and technical assistance
services, or other knowledge-based professional services.
(c) Avoidance of Use of Lowest Price Technically Acceptable Source
Selection Criteria in Procurements of Information Technology.--To the
maximum extent practicable, the use of Lowest Price Technically
Acceptable source selection criteria shall be avoided when the
procurement is predominately for the acquisition of information
technology services, systems engineering and technical assistance
services, or other knowledge-based professional services.
(d) Reporting.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Secretary of Defense 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, including an
explanation of how the criteria in subsection (b) was considered when
making a determination to use Lowest Price Technically Acceptable
source selection criteria.
SEC. 826. PENALTIES FOR THE USE OF COST-TYPE CONTRACTS.
(a) Penalties.--Except as provided under subsection (d), for each
fiscal year beginning with fiscal year 2018, the Secretary of each
military department and the head of each of the Defense Agencies shall
pay a penalty for the use of cost-type contracts.
(b) Calculation of Cost-type Contract Penalty.--
(1) In general.--For the purposes of this section, the
amount of the cost-type contract penalty per fiscal year for a
military department or Defense Agency is the total amount of
penalties assessed in accordance with paragraph (2) for the use
by such military department or Defense Agency during such
fiscal year of cost-type contracts awarded on or after October
1, 2017, including cost no fee, cost plus award fee, cost plus
fixed fee, and cost plus incentive fee contracts.
(2) Penalty per contract.--the cost-type contract penalty
for using a cost-type contract is--
(A) 2 percent of obligated funds in the case of a
contract using procurement funds; and
(B) 1 percent of obligated funds in the case of a
contract using research, development, test and
evaluation funds.
(c) Transfer of Funds.--
(1) Reduction of research, development, test, and
evaluation, and procurement accounts.--Not later than 60 days
after the end of each fiscal year beginning with fiscal year
2018, the Secretary of each military department and the head of
each Defense Agency shall reduce the applicable research,
development, test, and evaluation account and procurement
account of the military department or Defense Agency that
incurs obligations for cost-type contracts by the percentage
determined under paragraph (2), and remit such amount to the
Secretary of Defense.
(2) Determination of amount.--The percentage reduction to
research, development, test, and evaluation and procurement
accounts of a military department or Defense Agency referred to
in paragraph (1) is the percentage reduction to such accounts
necessary to equal the cost-type contract penalty for the
fiscal year for such department or Defense Agency determined
pursuant to subsection (b).
(3) Crediting of funds.--Any amount remitted under
paragraph (1) shall be credited to the Department of Defense
Rapid Prototyping Fund established pursuant to section 804 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note).
(d) Exceptions.--
(1) First lead ships in a class.--There shall be no penalty
assessed under this section for the use of cost-type contracts
for first lead ships in a class.
(2) Delayed applicability to science and technology and
sbir/sttr programs.--There shall be no penalty assessed under
this section until fiscal year 2019 for the following types of
contracts:
(A) Contracts awarded under the Small Business
Innovation Research (SBIR) and Small Business
Technology Transfer Program (STTR) programs (as those
terms are defined in section 9(e) of the Small Business
Act (15 U.S.C. 638(e)).
(B) Contracts awarded using funds under the Basic
Research, Applied Research, and Advanced Technology
Development budget activity titles.
(e) Rule of Construction.--Nothing in this section shall be
construed as limiting or otherwise modifying transfer authorities
available to the Secretary of Defense.
(f) Sunset.--This section shall terminate at the close of September
30, 2021.
SEC. 827. 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.
(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--
(A) the Service Acquisition Executive, in the case
of a contract entered into by a military service; or
(B) the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in the case of a Defense
Agency contract.
(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 after the date
that is 180 days after the date of the enactment of
this Act and before October 1, 2018;
(B) a cost-type contract in excess of $20,000,000,
in the case of a contract entered into on or after
October 1, 2018, and before October 1, 2019; and
(C) a cost-type contract in excess of $5,000,000,
in the case of a contract entered into on or after
October 1, 2019.
SEC. 828. 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) Waiver Authority.--The regulations prescribed pursuant to
subsection (a) shall include a waiver that may be exercised by the
Secretary of Defense if the Secretary certifies that a different
contract type is in the best interest of United States taxpayers.
SEC. 829. PREFERENCE FOR PERFORMANCE-BASED CONTRACTUAL PAYMENTS.
(a) In General.--Section 2307(b) of title 10, United States Code,
is amended--
(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
milestones or events based on the performance outcomes listed in
paragraph (1).
``(3) The Secretary of Defense shall ensure that non-traditional
contractors and commercial companies shall be eligible for performance
based payments, consistent with best commercial practices.
``(4) 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 use performance-based payments.''.
(b) 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 Supplement to the Federal Acquisition Regulation
to conform with section 2307(b) of title 10, United States Code, as
amended by subsection (a).
SEC. 829A. SHARE-IN-SAVINGS CONTRACTS.
SEC. 829B. COMPETITIVE PROCUREMENT AND PHASE OUT OF ROCKET ENGINES FROM
THE RUSSIAN FEDERATION IN THE EVOLVED EXPENDABLE LAUNCH
VEHICLE PROGRAM FOR SPACE LAUNCH OF NATIONAL SECURITY
SATELLITES.
(a) Ineffectiveness of Superseded Requirements.--Sections 1036 and
1037 shall have no force or effect, and the amendments proposed to be
made by section 1037 shall not be made.
(b) In General.--Any competition for a contract for the provision
of launch services for the evolved expendable launch vehicle program
shall be open for award to all certified providers of evolved
expendable launch vehicle-class systems.
(c) Award of Contracts.--In awarding a contract under subsection
(b), the Secretary of Defense--
(1) subject to paragraphs (2) and (3), and notwithstanding
any other provision of law, may, during the period beginning on
the date of the enactment of this Act and ending on December
31, 2022, award the contract to a provider of launch services
that intends to use any certified launch vehicle in its
inventory without regard to the country of origin of the rocket
engine that will be used on that launch vehicle;
(2) may award contracts utilizing an engine designed or
manufactured in the Russian Federation for only phase 1(a) and
phase 2 evolved expendable launch vehicle procurements; and
(3) Limitation.--The total number of rocket engines
designed or manufactured in the Russian Federation and used on
launch vehicles for the evolved expendable launch vehicle
program shall not exceed 18.
Section 2332 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Training.--Not later than 180 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2017, the Defense Acquisition University shall develop and implement a
training program for Department of Defense acquisition personnel on
share-in-savings contracts.''.
SEC. 829C. SPECIAL EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE THE
DEFENSE AGAINST OR RECOVERY FROM A CYBER, NUCLEAR,
BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2338. Special emergency procurement authority
``(a) Applicability.--The authorities provided in subsections (b)
and (c) apply with respect to a procurement of property or services by
or for the Department of Defense that the Secretary of Defense
determines are to be used--
``(1) in support of a contingency operation; or
``(2) to facilitate the defense against or recovery from
cyber, nuclear, biological, chemical, or radiological attack
against the United States.
``(b) Increased Thresholds and Limitation.--For a procurement to
which this section applies under subsection (a)--
``(1) the amount specified in subsections (a), (d), and (e)
of section 1902 of title 41 shall be deemed to be--
``(A) $15,000 in the case of a contract to be
awarded and performed, or purchase to be made, in the
United States; and
``(B) $25,000 in the case of a contract to be
awarded and performed, or purchase to be made, outside
the United States;
``(2) the term `simplified acquisition threshold' means--
``(A) $750,000 in the case of a contract to be
awarded and performed, or purchase to be made, in the
United States; and
``(B) $1,500,000 in the case of a contract to be
awarded and performed, or purchase to be made, outside
the United States; and
``(3) the $5,000,000 limitation in section 1901(a)(2) of
title 41 and sections 3305(a)(2) and 2304(g)(1)(B) of this
title is deemed to be $10,000,000.
``(c) Authority To Treat Property or Service as Commercial Item.--
``(1) In general.--The Secretary of Defense, in carrying
out a procurement of property or a service to which this
section applies under subsection (a)(2), may treat the property
or service as a commercial item for the purpose of carrying out
the procurement.
``(2) Certain contracts not exempt from standards or
requirements.--A contract in an amount of more than $15,000,000
that is awarded on a sole source basis for an item or service
treated as a commercial item under paragraph (1) is not exempt
from--
``(A) cost accounting standards prescribed under
section 1502 of title 41; or
``(B) cost or pricing data requirements (commonly
referred to as truth in negotiating) under chapter 35
of title 41 and section 2306a of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2338. Special emergency procurement authority.''.
SEC. 829D. LIMITATION ON USE OF REVERSE AUCTION AND LOWEST PRICE
TECHNICALLY ACCEPTABLE CONTRACTING METHODS.
(a) Limitation.--Not later than 90 days after the date of the
enactment of this Act, the Defense Supplement to the Federal
Acquisition Regulation shall be amended--
(1) to prohibit the use by the Department of Defense of
reverse auction or lowest price technically acceptable
contracting methods for the procurement of personal protective
equipment where 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) is hereby
repealed.
SEC. 829E. AVOIDANCE OF USE OF BRAND NAMES OR BRAND-NAME OR EQUIVALENT
DESCRIPTIONS IN SOLICITATIONS.
The Secretary of Defense shall ensure that competition in
Department of Defense contracts is not limited through the use of
specifying brand names or brand-name or equivalent descriptions, or
proprietary specifications or interfaces, in solicitations unless a
justification for such specification is provided and approved in
accordance with section 2304(f) of title 10, United States Code.
SEC. 829F. 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.--This section shall terminate at the close of
September 30, 2018.''.
(2) Obligations for contract services: reporting in budget
object classes.--Section 2212 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(g) Sunset.--This section shall terminate at the close of
September 30, 2018.''.
(3) 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.--This section shall terminate at the close of
September 30, 2018.''.
(4) Government performance of certain acquisition
functions.--Section 1706 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(d) Sunset.--This section shall terminate at the close of
September 30, 2019.''.
(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 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 ``in effect under
section 2245a of this title''.
(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 is amended
by striking the item relating to section 2225.
(C) Conforming amendments.--
(i) Section 2330a of title 10, united
states code.--Section 2330a(j) of such title 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 concern.--The term `small business
concern' means a business concern that meets the applicable
size standards prescribed pursuant to section 3(a) of the Small
Business Act (15 U.S.C. 632(a)) of title 41.
``(7) Small business concern owned and controlled by
socially and economically disadvantaged individuals.--The term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
that term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).
``(8) Small business concern owned and controlled by
women.--The term `small business concern owned and controlled
by women' has the meaning given that term in section 8(d)(3)(D)
of the Small Business Act (15 U.S.C. 637(d)(3)(D)).''.
(ii) Section 222 of the national defense
authorization act for fiscal year 2012.--
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 is amended
by striking the item relating to section 2378.
(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 is amended
by striking the item relating to section 2387.
(5) Implementation of electronic commerce capability.--
(A) Repeal.--
(i) In general.--Section 2302c of title 10,
United States Code, is repealed.
(ii) Exemption from general federal
procurement requirement.--Section 2301 of title
41, United States Code, is amended by inserting
``other than the Department of Defense'' after
``each executive agency'' each place it
appears.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 137 of such title is amended
by striking the item relating to section 2302c.
SEC. 829G. 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.
(c) Benchmarks.--The Secretary of Defense shall, for purposes of
administering the award program established under this section,
establish specific, measurable benchmarks for measuring successful
application of Federal Acquisition Regulation flexibilities, both in
terms of assessing the level of innovation being applied and in terms
of program outcomes.
SEC. 829H. PRODUCTS AND SERVICES PURCHASED THROUGH CONTRACTING PROGRAM
FOR FIRMS THAT HIRE THE SEVERELY DISABLED.
(a) Limitation on Contracting With AbilityOne Program.--
(1) In general.--For purposes of procuring goods and
services on the procurement list described in section 8503 of
title 41, United States Code (in this section referred to as
the ``procurement list'') to be performed by other severely
disabled, the Secretary of Defense shall not contract with the
AbilityOne nonprofit agency or the AbilityOne Central Nonprofit
Agency responsible for contracting with other severely
disabled, or use the AbilityOne Central Nonprofit Agency
responsible for contracting with other severely disabled to
identify vendors who are other severely disabled, but shall
contract directly with qualified nonprofit agencies for other
severely disabled, until such time that the Inspector General
for the Department of Defense certifies to Congress as follows:
(A) The internal controls and financial management
systems of the AbilityOne nonprofit agency and the
AbilityOne Central Nonprofit Agency responsible for
contracting with the other severely disabled are
sufficient to protect the Department of Defense against
waste, fraud, and abuse.
(B) There are fair opportunities for qualified
nonprofit agencies for other severely disabled to
compete to provide goods and services to the Department
of Defense under the procurement list.
(C) Pass-through contracts to contractors who are
not qualified nonprofit agencies for other severely
disabled are limited to the maximum extent practicable
to providing services and supplies necessary for
qualified nonprofit agencies for other severely
disabled to assemble a final product for use by the
Department of Defense.
(D) Department of Defense contracts for items on
the procurement list to the maximum extent practicable
create opportunities in the production of products and
the provision of services by qualified nonprofit
agencies for other severely disabled during the fiscal
year that result in the employment of other severely
disabled individuals for at least 75 percent of the
hours of direct labor required for the production or
provision of the products or services.
(E) Opportunities for wounded and disabled veterans
are maximized in qualified nonprofit agencies for other
severely disabled when participating in Department of
Defense contracts.
(F) The Department of Defense is receiving fair and
reasonable prices for items on the procurement list.
(2) Recommendations by the comptroller general of the
united states.--In conducting its review of the internal
controls and financial management systems of the AbilityOne
nonprofit agency and the AbilityOne Central Nonprofit Agency
responsible for contracting with the other severely disabled,
the Inspector General of the Department of Defense shall
consider recommendations previously made by the Comptroller
General of the United States pertaining to the AbilityOne
program.
(b) Purchasing Criteria.--Contracting officers for the Department
of Defense, when purchasing items off the procurement list under
subsection (a), shall ensure that--
(1) there are fair opportunities for qualified nonprofit
agencies for other severely disabled to compete to provide
goods and services to the Department of Defense under the
procurement list;
(2) pass-through contracts to contractors that are not
qualified nonprofit agencies for other severely disabled are
limited to the maximum extent practicable to providing services
and supplies necessary for qualified nonprofit agencies for
other severely disabled to assemble a final product for use by
the Department of Defense;
(3) Department of Defense contracts for items on the
procurement list to the maximum extent practicable create
opportunities in the production of products and the provision
of services by the qualified nonprofit agencies for other
severely disabled during the fiscal year that result in the
employment of other severely disabled individuals for at least
75 percent of the hours of direct labor required for the
production or provision of the products or services;
(4) opportunities for wounded and disabled veterans are
maximized in qualified nonprofit agencies for other severely
disabled when participating in Department of Defense contracts;
and
(5) the Department of Defense is receiving fair and
reasonable prices for items on the procurement list.
(c) Qualified Nonprofit for Other Severely Disabled.--In this
section, the term ``qualified nonprofit for other severely disabled''
has the meaning given the term in section 8501(6) of title 41, United
States Code.
SEC. 829I. APPLICABILITY OF EXECUTIVE ORDER 13673 ``FAIR PAY AND SAFE
WORKPLACES'' TO DEPARTMENT OF DEFENSE CONTRACTORS.
(a) Limitation.--The Secretary of Defense shall apply any
acquisition regulations promulgated pursuant to Executive Order 13673
or any successor executive order only to contractors or subcontractors
who have been suspended or debarred as a result of a Federal labor law
violations covered by Executive Order 13673.
(b) Compliance Requirements.--The Secretary shall ensure that
Department of Defense contractors or subcontractors who are not
described under subsection (a) are not compelled or required to comply
with the conditions for contracting eligibility as stated in any
acquisition regulations promulgated to implement Executive Order 13673.
SEC. 829J. 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 existing Department of Defense
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
the year or type of appropriation previously or currently
obligated to fund each contract line item and regardless of
whether the appropriation has closed; and
(2) remaining contract balances may be offset with balances
on other contracts regardless of the year or type of
appropriation previously or currently obligated to fund each
contract and regardless of whether the appropriation has
closed.
(b) Covered Contracts.--Contracts covered by this section are
contracts or a group of contracts between the Department of Defense and
a defense contractor that--
(1) were entered into prior to fiscal year 2000;
(2) have no further supplies or services deliverables due
under their terms and conditions; and
(3) are 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 contracts
covered by this section may be closed out through a negotiated
settlement with the contractor.
(d) Waiver Authority.--The Secretary of Defense is authorized to
waive any provision of acquisition law or regulation to carry out the
authority under subsection (a).
(e) Adjustment of Records.--In any case where the authority under
this section is exercised, the cognizant payment or accounting offices
may adjust and close any open finance and accounting records.
(f) No Liability.--No liability will attach to any accounting,
certifying, or payment official or contracting officer for any
adjustments or closeout made pursuant to the authority provided under
this section.
(g) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of the authority under this section.
(h) 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.
SEC. 829K. CLOSEOUT OF OLD 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 existing Department of the Navy 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 previously or currently
obligated to fund each contract line item and regardless of
whether either appropriation has closed; and
(2) remaining contract balances may be offset with balances
on other contracts regardless of the year or type of
appropriation previously or currently obligated to find each
contract and regardless of whether either appropriation has
closed.
(b) Covered Contracts.--The contracts covered by this section are
contracts to design, construct, repair, or support the construction or
repair of Navy submarines that--
(1) were entered into between fiscal years 1974 and 1998;
(2) have no further supply or services deliverables due
under their terms and conditions;
(3) for which the Secretary of the Navy has established the
total final contract value; and
(4) the final allowable cost for which the Secretary of the
Navy has determined may have a negative or positive
unliquidated obligation balance with respect to which it would
be difficult to determine the year or type of appropriation
because--
(A) the records have been destroyed or lost; or
(B) the records are available but the contracting
officer in collaboration with the certifying official
has determined that a discrepancy is of a de minimis
value such 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 identified 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.--The Secretary of the Navy is authorized to
waive any provision of acquisition law or regulation to carry out the
authority under subsection (a).
(e) Adjustment of Records.--In any case where the authority under
this section is exercised, the cognizant payment or accounting offices
may adjust and close any open finance and accounting records.
(f) No Liability.--No liability will attach to any accounting,
certifying, or payment official or contracting officer for any
adjustments or closeout made pursuant to the authority provided under
this section.
(g) Notification Requirement.--The Secretary of the Navy 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.
(h) Expiration of Waiver Authority.--The authority under this
section shall expire upon receipt of the funds identified in subsection
(c)(1).
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 831. REPEAL OF MAJOR AUTOMATED INFORMATION SYSTEMS PROVISIONS.
(a) In General.--Chapter 144A of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--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.
(c) Conforming Amendments.--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. 832. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION PROGRAM.
(a) In General.--Section 2430 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``In this chapter'' and inserting
``(1) Except as provided under paragraph (2), in this
chapter''; and
(C) by adding at the end the following new
paragraph:
``(2) In this chapter, the term `major defense acquisition program'
does not include--
``(A) 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); or
``(B) a stand-alone prototype project that--
``(i) is not included or planned as part of an
existing major defense acquisition program; and
``(ii) is carried out under a fixed price
contract.''.
(b) 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. 833. 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 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'';
(B) in paragraph (2)(C), by striking ``, in
accordance with section 2431b of this title''; and
(C) by adding at the end the following new
subparagraph:
``(K) A sustainment strategy which includes all aspects of
the total life cycle management of the weapon system, including
product support, logistics, product support engineering, supply
chain integration, maintenance, acquisition logistics, and all
aspects of software sustainment.''; 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'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A), (B), (C),
(D), (E), (F), and (G) as paragraphs (1), (2), (3),
(4), (5), (6), and (7), respectively; and
(D) in paragraph (6), as redesignated by
subparagraph (C), by redesignating clauses (i), (ii),
(iii), and (iv) as subparagraphs (A), (B), (C), and
(D), respectively.
SEC. 834. 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) Guidance on Acquisition of Business Systems.--Section 883(e) of
such Act (Public Law 114-92; 10 U.S.C. 2223a note) is amended--
(1) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) policies to maximize use of fixed-price contracting
elements and ability to implement tradeoffs among total cost of
ownership, schedule, and performance.''.
(d) 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. Sustainment reviews
``(a) In General.--Following the earliest of (i) five years after
declaration of initial operational capability of a major defense
acquisition program, (ii) failure of the program to maintain its
availability or reliability thresholds, or (iii) breach of the
program's operations and support affordability cap, there shall be a
sustainment review with the results 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 budget, and if
budgetary shortfalls exists, an explanation of availability
implications.
``(3) A comparison between the assumed and achieved system
reliabilities.
``(4) An analysis of the most cost-effective source of
repairs and maintenance.
``(5) Data on the cost of consumables and depot-level
repairables.
``(6) Data on 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) An analysis of the effort required for contracted
sustaining engineering by contractors and the government.
``(9) As applicable, a comparison of actual manpower
requirements to previous estimates.
``(10) An analysis of whether accurate and complete data is
being reported in the relevant military department's cost
systems, and if deficiencies exist, a plan to update the data
and insure accurate and complete data is submitted in the
future.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2441. Sustainment reviews.''.
(e) Commercial Operational and Support Savings Initiative.--
(1) In general.--The Secretary of Defense shall 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 1 and Phase 2.
(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 service or Defense
Agency for adoption and sustainment of the
technology or system; and
(III) the development, fabrication, and
delivery of a prototype to a military service
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 relevant military service or Defense
Agency shall 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.
(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 as firm, fixed-price awards or as awards
for the purchase of commercial items under part 12 of
the Federal Acquisition Regulation.
(iii) The competitive procedures requirements of
chapter 173 of title 10, United States Code, and the
cost and pricing data requirements of section 2306a of
such title shall not apply to contracts awarded during
Phase II of the commercial operational and support
savings initiative.
(4) Treatment as competitive procedures.--The use of
general solicitation competitive procedures 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. 835. MODIFICATION OF CERTAIN MILESTONE B CERTIFICATION
REQUIREMENTS.
Section 2366b(a)(3) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``total resources
available during the period covered by the future-years defense
program submitted during the fiscal year in which the
certification is made'' and inserting ``total resources
available to the program''; and
(2) in subparagraph (D), by striking ``, through the period
covered by the future-years defense program submitted during
the fiscal year in which the certification is made,''.
SEC. 836. DISCLOSURE OF RISK IN COST ESTIMATES.
Subsection (d) of section 2334 of title 10, United States Code, is
amended to read as follows:
``(d) Disclosure of Risk in Cost Estimates.--The Director of Cost
Assessment and Program Evaluation, and the Secretary of the military
department concerned or the head of the Defense Agency concerned (as
applicable), shall each--
``(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;
``(2) ensure that cost estimates are developed based on
historical actual cost information that is based on
demonstrated contractor and government performance and that
such estimates provide a high degree of confidence that the
program can be completed without the need for significant
adjustment to program budgets; and
``(3) include the information required by paragraph (1)--
``(A) in any decision documentation approving a
cost estimate within the baseline description or any
other cost estimate for use at any event specified in
subsection (a)(6); and
``(B) in the next Selected Acquisition Report
pursuant to section 2432 of this title.''.
SEC. 837. 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. 838. COUNTING OF MAJOR DEFENSE ACQUISITION PROGRAM SUBCONTRACTS
TOWARD SMALL BUSINESS GOALS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2338. Counting of major defense acquisition program subcontracts
toward small business goals
``(a) Annual Procurement Goals.--First tier and second tier
subcontracts awarded by the Department of Defense under major defense
acquisition programs to small business concerns, small businesses
concerns owned and controlled by service-disabled veterans, qualified
HUBZone small business concerns, small business concerns owned and
controlled by socially and economically disadvantaged individuals, and
small business concerns owned and controlled by women shall be
considered toward annual Department of Defense management goals for
procurement contracts awarded to those concerns.
``(b) Definitions.--In this section--
``(1) the terms `qualified HUBZone small business concern',
`small business concern', `small business concern owned and
controlled by service-disabled veterans', and `small business
concern owned and controlled by women' have the meanings given
those terms in section 3 of the Small Business Act (15 U.S.C.
632); and
``(2) the term `small business concern owned and controlled
by socially and economically disadvantaged individuals' has the
meaning given the term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2338. Counting of major defense acquisition program subcontracts
toward small business goals.''.
SEC. 839. USE OF ECONOMY-WIDE INFLATION INDEX TO CALCULATE PERCENTAGE
INCREASE IN UNIT COSTS.
Section 2433(f) of title 10, United States Code, is amended by
striking ``stated in terms of constant base year dollars (as described
in section 2430 of this title).'' and inserting ``stated in terms of
constant dollars. An economy-wide inflation index, such as the Gross
Domestic Product Prince Index, shall be used to calculate unit costs in
constant dollars.''.
SEC. 840. WAIVER OF NOTIFICATION WHEN ACQUIRING TACTICAL MISSILES AND
MUNITIONS ABOVE THE BUDGETED QUANTITY.
Section 2308(c) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``However, no such
notification is required when the acquisition of a higher quantity of
an end item is for an end item under a primary tactical missile program
or a munition program.''.
SEC. 841. 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 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 (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 programs of more than 200 end-items per
year; and
(2) the term ``common facilities'' means production
facilities operating within the same general and allowable rate
structure.
(e) Sunset.--No new contracts may be issued under the authority of
this section after September 30, 2021.
SEC. 842. KEY PERFORMANCE PARAMETER REDUCTION PILOT PROGRAM.
(a) In General.--The Secretary of Defense shall identify at least
one acquisition program per military service to reduce the total number
of Key Performance Parameters (KPP) levied against the program for
purposes of determining whether operational and programmatic outcomes
are improved by limiting KPPs on a program to a small number of
program-specific performance features.
(b) Limitation on Key Performance Parameters.--Acquisition programs
identified for the pilot program established under paragraph (1) shall
establish no more than three KPPs, each of which shall describe a
program-specific performance attribute. Other mandatory KPPs for such
programs shall be treated as Key System Attributes.
SEC. 843. MISSION AND SYSTEM OF SYSTEMS INTEROPERABILITY.
(a) Implementation of Modular Open Systems Architecture in
Acquisition Programs.--In implementing section 801 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3425; 10 U.S.C. 2223a
note) to enable mission integration and systems of systems
interoperability, the Secretary of Defense shall--
(1) ensure that--
(A) system architectures are logically and
functionally segmented and interfaces between major
system elements and external-facing interfaces are
identified and exposed;
(B) interfaces are characterized clearly in terms
of form, function, and the content that flows across in
order to enable integration and interoperability,
including through automated tools; and
(C) the Department of Defense secures appropriate
rights to share and publish interface characteristics;
and
(2) establish modular open systems bodies and processes to
support standards for interfaces that are dynamically managed,
flexible, and extensible in order to enable technological
innovation and performance growth over the life cycle of
systems following the principles of system architecture,
interface characterization, and interface publication.
(b) Mission Integration Managers.--
(1) In general.--Each multi-service and multi-program
mission area specified in paragraph (2) shall have a mission
integration manager jointly designated by the Deputy Secretary
of Defense and the Vice Chairman of the Joint Chiefs of Staff,
from among the chairs of the Functional Capabilities Boards,
for purposes of such mission area.
(2) Covered mission areas.--The mission areas specified in
this paragraph are the following:
(A) Close air support.
(B) Air defense and offensive and defensive
counter-air.
(C) Interdiction.
(D) Intelligence, surveillance, and reconnaissance.
(E) Any other overlapping mission area of
significance, as jointly designated by the Deputy
Secretary and Vice Chairman for purposes of this
subsection.
(3) Qualifications.--A chair of a Functional Capability
Board may not be designated as a mission integration manager
under this subsection unless the chair has an acquisition
certification of level II or above.
(4) Responsibilities.--The mission integration manager for
a mission area under this subsection shall act as the principal
substantive advisor to the Deputy Secretary and the Vice
Chairman on all aspects of capability integration for the
mission area. In carrying out such responsibilities for a
mission area, the mission integration manager shall--
(A) sponsor and conduct tests, demonstrations, and
exercises and identify focused experiments for
compelling challenges and opportunities;
(B) oversee the establishment of interface
management processes described in subsection (a)(1) and
standards bodies and processes described in subsection
(a)(2);
(C) sponsor and oversee research on and development
of (including tests and demonstrations) automated tools
for composing systems of systems on demand;
(D) develop mission-based inputs for the
requirements process, budgeting and resource
allocation, program and portfolio management; and
(E) coordinate with commanders of the combatant
commands on the development of concepts of operation
and operational plans.
(5) Scope of responsibilities.--The responsibilities of a
mission integration manager 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.
(6) Funding for certain responsibilities.--Of the amount
authorized to be appropriated for each fiscal year after fiscal
year 2016 for the Department of Defense and available for
operational systems development, an amount equal to 0.5 percent
of such amount shall be available in such fiscal year for
mission integration managers to carry out the responsibilities
specified in subparagraphs (A) through (C) of paragraph (4).
SEC. 844. B-21 BOMBER DEVELOPMENT PROGRAM BASELINE AND COST CONTROL.
(a) Definitions.--In this section:
(1) B-21 bomber baseline developmental contract estimate.--
The term ``B-21 Bomber Baseline Developmental Contract
Estimate'', with respect to the engineering and manufacturing
development (EMD) phase of the B-21 bomber program, is the
agreed contract price as of October 27, 2015, with the selected
prime contractor for the EMD phase of the program.
(2) B-21 bomber baseline developmental estimate.--The term
``B-21 Bomber Baseline Developmental Estimate'' with respect to
the EMD phase of the B-21 bomber program is the agreed
Independent Cost Estimate for the EMD phase of the program that
received the concurrence of the Director of Cost Assessment and
Program Evaluation under the procedures of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23).
(3) B-21 bomber significant developmental cost growth
threshold.--The term ``B-21 bomber significant developmental
cost growth threshold'' means a percentage increase in the B-21
Bomber Baseline Developmental Contract Estimate of at least 15
percent.
(4) B-21 bomber critical developmental cost growth
threshold.--The term ``B-21 bomber critical developmental cost
growth threshold'' means a percentage increase in the B-21
bomber Baseline Developmental Contract Estimate of at least 25
percent.
(b) B-21 Bomber Significant Developmental Cost Growth Threshold
Breach.--If, based upon the joint determination of the Air Force
Service Acquisition Executive and the Under Secretary of Defense for
Acquisition, Technology, and Logistics, the B-21 Bomber Baseline
Developmental Contract Estimate has increased by a percentage equal to
or greater than the B-21 bomber significant developmental cost growth
threshold, the Secretary of Defense shall immediately notify Congress
in writing of such determination.
(c) B-21 Bomber Critical Developmental Cost Growth Threshold
Breach.--
(1) In general.--If, based upon joint determination of the
Air Force Service Acquisition Executive and the Under Secretary
of Defense for Acquisition, Technology, and Logistics, the B-21
Bomber Baseline Developmental Contract Estimate has increased
by a percentage equal to or greater than the B-21 bomber
critical developmental cost growth threshold, the Secretary of
Defense shall immediately halt the program and take the actions
described in paragraphs (2) through (5).
(2) Reassessment of program.--The Secretary shall determine
the root cause or causes of the critical developmental cost
growth and, in consultation with the Director of Cost
Assessment and Program Evaluation, carry out an assessment of--
(A) the projected cost of completing the EMD phase
if current requirements are not modified;
(B) the projected cost of completing the EMD phase
based on reasonable modification of such requirements;
(C) the rough order of magnitude of the costs of
any reasonable alternative system or capability; and
(D) the need to reduce funding for other programs
due to the growth in cost of the B-21 program.
(3) Presumption of termination.--
(A) In general.--After conducting the reassessment
required under paragraph (2), the Secretary shall
terminate the contract and program unless the Secretary
submits to Congress a written certification that--
(i) the continuation of the contract and
program is essential to the national security;
(ii) there are no alternatives to the
current contract and program which will provide
acceptable capability to meet the joint
military requirement (as defined in section
181(g)(1) of title 10, United States Code, at
less cost;
(iii) the new estimates of the cost to
complete the contract for the EMD phase of the
program have been determined by the Director of
Cost Assessment and Program Evaluation to be
reasonable;
(iv) the program is a higher priority than
programs the funding of which must be reduced
to accommodate the growth in cost of the
program; and
(v) the management structure for the
program is adequate to manage and control
program acquisition unit cost or procurement
unit cost.
(B) Supporting documentation.--A written
certification under paragraph (A) shall be accompanied
by a report presenting the root cause analysis and
assessment carried out pursuant to paragraph (2) and
the basis for each determination made in accordance
with clauses (i) through (v) of subparagraph (A),
together with supporting documentation.
(4) Actions if program not terminated.--
(A) If the Secretary elects not to terminate the B-
21 bomber EMD contract and program pursuant to
paragraph (3), the Secretary shall--
(i) restructure the program in a manner
that addresses the root cause or causes of the
critical cost growth, as identified pursuant to
paragraph (2), and ensures that the program has
an appropriate management structure as set
forth in the certification submitted pursuant
to paragraph (3)(A);
(ii) rescind the most recent milestone
approval for the program and withdraw any
associated certification under sections 2366a
and 2366b of title 10, United States Code;
(iii) require a new milestone approval for
the program before taking any contract action
to enter a new contract, exercise an option
under an existing contract, or otherwise extend
the scope of an existing contract under the
program, except to the extent determined
necessary by the Secretary of Defense, on a
non-delegable basis, to ensure that the program
can be restructured as intended by the
Secretary without unnecessarily wasting
resources;
(iv) include in the report required under
paragraph (3)(B) a description of all funding
changes made as a result of the growth in cost
of the program, including reductions made in
funding for other programs to accommodate such
cost growth; and
(v) conduct regular reviews of the program
in accordance with the requirements of section
205 of the Weapon Systems Acquisition Reform
Act of 2009 (Public Law 111-23; 123 Stat.
1724).
(5) Actions if program terminated.--If the B-21 bomber
program is terminated pursuant to paragraph (3), the Secretary
shall submit to Congress a written report setting forth--
(A) an explanation of the reasons for terminating
the program;
(B) the alternatives considered to address any
problems in the program; and
(C) the course the Department of Defense plans to
pursue to meet any continuing joint military
requirements otherwise intended to be met by the
program, including the modernization investments
required to ensure that B-1, B-2, or B-52 aircraft can
carry out the full range of long-range bomber aircraft
missions anticipated in operational plans of the Armed
Forces.
(d) B-21 Bomber Program Cost and Accountability.--
(1) In general.--Commencing with the first quarter of
fiscal year 2017, the Secretary of the Air Force shall submit
to the Comptroller General of the United States, not later than
the 15th day following the end of each calendar quarter, the
matrices described in paragraph (2) relating to the B-21 bomber
aircraft program updated with that quarter's information. The
Comptroller General shall review the matrices for accuracy,
identify cost, schedule, and performance trends, and report on
its assessment to the congressional defense committees not
later than the 45th day following the end of each calendar
quarter.
(2) Matrices described.--The matrices described in this
paragraph are the following:
(A) Funding profiles.--A matrix expressing 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 spending plan for
such EMD phase and production lots, both of which shall
be subdivided according to the costs of the following:
(i) Airframe.
(ii) Propulsion.
(iii) Mission systems.
(iv) Vehicle systems, including armament
and weapons delivery.
(v) Air vehicle software.
(vi) Systems engineering.
(vii) Program management.
(viii) System test and evaluation.
(ix) Support and training systems.
(x) Contractor fee.
(xi) Engineering changes.
(xii) Direct mission support.
(xiii) Government testing.
(B) Development progress goals.--A matrix detailing
progress in major development elements of the B-21
bomber program subdivided according to the following:
(i) Technology readiness levels of major
components.
(ii) Design maturity.
(iii) Software maturity.
(iv) Manufacturing readiness levels of key
manufacturing operations.
(v) Manufacturing operations.
(vi) Test and verification key target
dates.
(vii) Reliability.
(e) Transfer of Funds to Rapid Prototyping Fund.--
(1) In general.--For each fiscal year beginning with fiscal
year 2017, the difference between funds budgeted for the B-21
Bomber Baseline Developmental Estimate and funds budgeted for
the B-21 Bomber Baseline Developmental Contract Estimate, less
other government costs to manage the B-21 bomber program and
not otherwise authorized or appropriated, shall be transferred
to the Rapid Prototyping Fund.
(2) Timing.--For each fiscal year after fiscal year 2017,
the transfer shall occur in conjunction with that fiscal year's
budget submission.
(3) Re-transfer of funds to cover certain costs.--Funds may
be transferred from the Rapid Prototyping Fund back to the B-21
bomber program to cover unexpected cost increases for the
engineering and manufacturing phase of the B-21 bomber program
upon the determination of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, and notification of
such transfers to the congressional defense committees. This
notification shall include the detailed reasons why such a
transfer is needed.
Subtitle D--Provisions Relating to Acquisition Workforce
SEC. 851. IMPROVEMENT OF PROGRAM AND PROJECT MANAGEMENT BY THE
DEPARTMENT OF DEFENSE.
(a) Department-wide Responsibilities of Secretary of Defense.--In
fulfilling the responsibilities under chapter 87 of title 10, United
States Code, the Secretary of Defense shall--
(1) develop Department-wide standards, policies, and
guidelines for program and project management for the
Department of Defense based on appropriate and applicable
nationally accredited standards for program and project
management;
(2) develop mechanisms to monitor compliance with the
standards, policies, and guidelines developed under paragraph
(1); and
(3) engage with the private sector on matters relating to
program and project management for the Department.
(b) Responsibilities of Under Secretary of Defense for Acquisition,
Technology, and Logistics.--In fulfilling the responsibilities under
chapter 87 of title 10, United States Code, for the military
departments and the Defense Agencies, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall--
(1) advise and assist Secretary of Defense with respect
Department of Defense practices related to program and project
management;
(2) review programs identified as high-risk in program and
project management by the Government Accountability Office, and
make recommendations for actions to be taken by the Secretary
to mitigate such risks;
(3) assess matters of importance to the workforce in
program and project management, including--
(A) career development and workforce development;
(B) policies to support continuous improvement in
program and project management; and
(C) major challenges of the Department in managing
programs and projects; and
(4) advise on the development and applicability of
standards Department-wide for program and project management
transparency.
(c) Responsibilities of Acquisition Executives.--In fulfilling the
responsibilities under chapter 87 of title 10, United States Code, for
the military departments, the service acquisition executives (in
consultation with the Chiefs of the Armed Forces with respect to
military program managers), and the component acquisition executives
for the Defense Agencies, shall--
(1) ensure the compliance of the department or Agency
concerned with standards, policies, and guidelines for program
and project management for the Department of Defense developed
by the Secretary of Defense under subsection (a)(1); and
(2) ensure the effective career development of program
managers through--
(A) training and educational opportunities for
program managers, including exchange programs with the
private sector;
(B) mentoring of current and future program
managers by experienced public and private sector
senior executives and program managers;
(C) continued refinement of career paths and career
opportunities for program managers;
(D) incentives for the recruitment of highly
qualified individuals to serve as program managers;
(E) improved means of collecting and disseminating
best practices and lessons learned to enhance program
management; and
(F) improved methods to support improved data
gathering and analysis for program management and
oversight purposes.
(d) Deadline for Standards, Policies, and Guidelines.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall issue the standards, policies, and
guidelines required by subsection (a)(1). The Secretary shall provide
Congress an interim update on the progress made in implementing this
section not later than six months after the date of the enactment of
this Act.
SEC. 852. AUTHORITY TO WAIVE TENURE REQUIREMENT FOR PROGRAM MANAGERS
FOR PROGRAM DEFINITION AND PROGRAM EXECUTION PERIODS.
(a) 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 service, 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) 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 service, 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. 853. ENHANCED USE OF DATA ANALYTICS TO IMPROVE ACQUISITION PROGRAM
OUTCOMES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
the Deputy Chief Management Officer, and the Chief Information Officer,
and in coordination with the military services, shall establish a set
of activities that use data analysis, measurement, and other
evaluation-related methods to improve the acquisition outcomes of the
Department of Defense and enhance organizational learning.
(b) Activities.--
(1) In general.--The set of activities established under
subsection (a) may include the following:
(A) Establishment of a data analytics capabilities
and organizations within the appropriate military
service.
(B) Development of capabilities in Department of
Defense laboratories, test centers, and Federally
funded research and development centers to provide
technical support for data analytics activities that
support acquisition program management and business
process re-engineering activities.
(C) Increased use of existing analytical
capabilities available to acquisition programs and
offices to support improved acquisition outcomes.
(D) Funding of intramural and extramural research
and development activities to develop and implement
data analytics capabilities in support of improved
acquisition outcomes.
(E) Publication, to the maximum extent practicable,
and in a manner that protects classified and
proprietary information, of data collected by the
Department of Defense related to acquisition program
costs and activities for access and analyses by the
general public.
(F) Clarification by the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, and the Commandant of the Marine
Corps, in coordination with the Under Secretary of
Defense for Acquisition, Technology, and Logistics, of
a consistent policy as to the role of data analytics in
establishing budgets and holding milestone decisions
for major defense acquisition programs.
(G) Continual assessment, in consultation with the
private sector, of the efficiency of current data
collection and analyses processes, so as to minimize
the requirement for collection and delivery of data by,
from, and to government organizations.
(H) Promulgation of guidance to acquisition
programs and activities on the efficient use and
sharing of data between programs and organizations to
improve acquisition program analytics and outcomes.
(I) Promulgation of guidance on assessing and
enhancing quality of data and data analyses to support
improved acquisition outcomes.
(2) Gap analysis of current activities.--The Secretary, in
coordination with the military services, shall identify the
current activities, organizations, and groups of personnel that
are pursuing tasks similar to those described in paragraph (1)
that are being carried out as of the date of the enactment of
this Act. The Secretary shall consider such current activities,
organizations, and personnel in determining the set of
activities to establish pursuant to subsection (a).
(3) Training and education.--The Secretary of Defense,
acting through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall conduct a review of the
curriculum taught at the National Defense University, the
Defense Acquisition University, and appropriate private sector
academic institutions to determine the extent to which the
curricula includes appropriate courses on data analytics and
other evaluation-related methods and their application to
defense acquisitions.
SEC. 854. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE ACQUISITION
WORKFORCE DEVELOPMENT FUND MAY BE USED.
(a) In General.--Section 1705 of title 10, United States Code, is
amended--
(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--
``(i) providing advanced training to
Department of Defense employees;
``(ii) 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
``(iii) 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),''.
Subtitle E--Provision Related to Commercial Items
SEC. 861. 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.
``(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; or
``(2) 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) 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. 862. DEPARTMENT OF DEFENSE EXEMPTIONS FROM CERTAIN REGULATIONS.
(a) Exemptions.--
(1) In general.--The regulations to implement the executive
orders and presidential memoranda listed in paragraph (2) shall
not apply to the purchases by the Department of Defense of
commercially available off-the-shelf items.
(2) Executive orders and presidential memoranda.--The
executive orders and presidential memoranda referenced in
paragraph (1) are as follows:
(A) Executive Order 13706: Establishing Paid Sick
Leave for Federal Contractors (9/7/2015).
(B) Executive Order 13673: Fair Pay and Safe
Workplaces (7/31/2014).
(C) Executive Order 13568: Minimum Wage for
Contractors (2/12/2014).
(D) Executive Order 13655: Non-Retaliation for
Disclosure of Compensation Information (4/8/2014).
(E) Presidential Memorandum: Advancing Pay Equality
Through Compensation Data Collection (4/8/2014).
(F) Presidential Memorandum: Updating and
Modernizing Overtime Regulations (3/13/2014).
(G) Memorandum for the Heads of Executive
Departments and Agencies on Contractor Tax Delinquency
(1/20/2010).
(H) Executive Order 13495: Nondisplacement of
Qualified Workers Under Service Contracts (1/30/2009).
(I) Executive Order 13494: Economy in Government
Contracting (1/30/2009).
(J) Executive Order 13496: Notification of Employee
Rights Under Federal Labor Laws (1/30/2009).
(K) Executive Order 13514: Focused on Federal
Leadership in Environmental, Energy, and Economic
Performance (10/5/2009).
(L) Executive Order 13502 -- Use of Project Labor
Agreements for Federal Construction Projects.
(b) Waiver Authority.--The Secretary of Defense may waive any of
the regulations to implement the executive orders and presidential
memoranda listed in subsection (a) for the purchases of other items by
the Department of Defense.
SEC. 863. USE OF PERFORMANCE AND COMMERCIAL SPECIFICATIONS IN LIEU OF
MILITARY SPECIFICATIONS AND STANDARDS.
(a) In General.--The Secretary of Defense shall ensure that the
Department of Defense uses performance and commercial 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 performance
specification, a non-government standard shall 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 non-governmental standard or when the use of a
performance specification or non-government standard is not
cost effective.
(2) Waiver.--A waiver for the use of military
specifications and standards in accordance with paragraph (1)
must be approved by either the Milestone Decision Authority,
the 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 for
Acquisition, Technology, and Logistics shall revise the Defense Federal
Acquisition Regulation Supplement (DFARS) to encourage contractors to
propose 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 non-government standards
for replacement of military standards where practicable.
(e) Education and Training.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall ensure that training and
education 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.
SEC. 864. 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) to provide that the head of an
agency may not enter into a contract in excess of the simplified
acquisition threshold for facilities-related services, knowledge-based
services, equipment-related services, construction services, medical
services, logistics management services, or transportation services
that are not commercial services unless the head of the agency
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.
SEC. 865. TREATMENT OF ITEMS PURCHASED BY PROSPECTIVE CONTRACTORS PRIOR
TO RELEASE OF PRIME CONTRACT REQUESTS FOR PROPOSALS 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. Treatment of items purchased prior to release of prime
contract requests for proposals as commercial items
``Notwithstanding 2376(1) of this title, items valued at less than
$10,000 purchased prior to the release of a prime contract request for
proposal shall be treated as a commercial item for purposed of this
chapter.''.
(b) 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. 866. 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 contractor as 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 utilize the same pool
of employees as used for commercial customers and are priced using
similar methodology as 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) 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. 867. USE OF NON-COST CONTRACTS TO ACQUIRE COMMERCIAL ITEMS.
Section 2377 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Types of Contracts That May Be Used.--The Defense Supplement
to the Federal Acquisition Regulation shall include, for acquisitions
of commercial items--
``(1) a requirement that firm fixed-price, fixed-price
incentive, fixed-price with economic price adjustment, and
other fixed-price type contracts be used to the maximum extent
practicable; and
``(2) a prohibition on use of cost-type contracts.''.
SEC. 868. 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
``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 CICA 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 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 service.
(2) Fixed-price requirement.--Contracts or agreements
executed under this 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 this pilot program shall be treated
as commercial items.
(d) Definition.--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.
(e) Sunset.--The authority to enter into contracts under the pilot
program shall expire on September 30, 2022.
Subtitle F--Industrial Base Matters
SEC. 871. GREATER INTEGRATION OF THE NATIONAL TECHNICAL 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 Technical 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
Technical Industrial Base, including government entities,
universities, non-profit research entities, non-traditional 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 defense unique articles controlled under 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 Technical
Industrial Base.
(3) Identification of current authorities that could
contribute to further integration of the persons and
organizations of the National Technical 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 Technical
Industrial Base to increase the access of the Armed Forces to
commercial products, services, and research and create
incentives necessary for non-traditional and commercial item
contractors, universities, and non-profit research entities to
modify commercial products or services to meet Department of
Defense requirements.
(5) Recommendations for increasing integration of the
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) the International Trafficking in Arms
Regulations exemption for Canada contained in section
126.5 of title 22, Code of Federal 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
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 June 21 and 26, 2007; and
(D) any other agreements among the countries
comprising the National Technical Industrial Base.
(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. 872. 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'' and inserting ``The Secretary
of Defense shall ensure''.
SEC. 873. DISTRIBUTION SUPPORT AND SERVICES FOR WEAPON SYSTEMS
CONTRACTORS.
(a) Authority.--The Secretary of Defense may make available storage
and distribution services support to a contractor in support of the
performance by the contractor of a contact for the production,
modification, maintenance, or repair of a weapon system that is entered
into by an official of the Department of Defense.
(b) Support Contracts.--Any storage and distribution services to be
provided 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 the contract between
the Director of the Defense Logistics Agency and the contractor.
(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 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 this section 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 this
section, including--
(A) a statement that the storage and distribution
services are to be made available under the authority
of this section to any contractor awarded 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 this section 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.
(e) Relationship to Treaty Obligations.--The Secretary shall ensure
that the exercise of authority under this section does not conflict
with any obligation of the United States under any treaty or other
international agreement.
SEC. 874. PERMANENCY OF DEPARTMENT OF DEFENSE SBIR AND STTR PROGRAMS.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended--
(1) in the subsection heading, by striking ``Termination''
and inserting ``SBIR Program Authorization''; and
(2) by striking ``shall terminate on September 30, 2017''
and inserting ``shall--
``(1) with respect to each Federal agency other than the
Department of Defense, terminate on September 30, 2017; and
``(2) with respect to the Department of Defense, be in
effect for each fiscal year''.
(b) STTR.--Section 9(n)(1) of the Small Business Act (15 U.S.C.
638(n)(1)) is amended--
(1) in subparagraph (A), by inserting ``other than the
Department of Defense'' after ``each Federal agency'';
(2) in subparagraph (B), by inserting ``and by the
Department of Defense in accordance with subparagraph (C)''
after ``subparagraph (A)''; and
(3) by adding at the end the following:
``(C) Department of defense.--With respect to each
fiscal year, the Department of Defense shall expend
with small business concerns not less than the
percentage of the extramural budget for research, or
research and development, of the Department specified
in subparagraph (B), specifically in connection with
STTR programs that meet the requirements of this
section and any policy directives and regulations
issued under this section.''.
SEC. 875. MODIFIED REQUIREMENTS FOR DISTRIBUTION OF ASSISTANCE UNDER
PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENTS.
(a) Minimum Geographic Distribution.--Section 2413(c) of title 10,
United States Code, is amended by striking ``Department of Defense
contract administration services district'' and inserting ``State''.
(b) Distribution.--Section 2415 of such title is amended--
(1) in the first sentence--
(A) by striking ``The Secretary'' and inserting
``After apportioning funds available for assistance
under this chapter for any fiscal year for efficient
coverage of distressed areas referred to in paragraph
(2)(B) of section 2411 of this title by programs
operated by eligible entities referred to in paragraph
(1)(D) of such section, the Secretary'';
(B) by inserting ``the remaining'' before ``funds
available''; and
(C) by striking ``Department of Defense contract
administration services district'' and inserting
``State''; and
(2) in the second sentence--
(A) by striking ``district'' each place it appears
and inserting ``State''; and
(B) by striking ``districts'' and inserting
``States''.
SEC. 876. NONTRADITIONAL AND SMALL DISRUPTIVE INNOVATION PROTOTYPING
PROGRAM.
(a) In General.--The Secretary of Defense shall conduct a pilot
program for nontraditional 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 and within the
United States Special Operations Command.
(b) Funding.--There is authorized to be made available $250,000,000
out of the Rapid Prototype 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 execute 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 and Phase III Small Business Innovation
Research (SBIR) and Small Business Technology Transfer
(STTR) projects; and
(E) flexible acquisition authorities under
procedures developed under sections 804 and 805 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
(d) Programs To Be Included.--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 the demonstration pursuant to the pilot program 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 take off 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.
(7) Active protection system to defend against rocket-
propelled grenades and anti-tank missiles.
(8) Other systems as designated by the Secretary.
(e) Definitions.--In this section:
(1) Nontraditional contractor.--The term ``nontraditional
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 G--International Contracting Matters
SEC. 881. 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. 882. WORKING CAPITAL FUND FOR PRECISION GUIDED MUNITIONS EXPORTS
IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Establishment of Fund.--The Secretary may establish a working
capital fund under section 2208 of title 10, United States Code, to
finance inventories of supplies of precision guided munitions in
advance of partner and allied forces requirements to enhance the
effectiveness of overseas contingency operations conducted or supported
by the United States.
(b) Authorization of Appropriations.--There is authorized to be
appropriated a total of $1,000,000,000 for fiscal years 2017 and 2018
for deposit in the fund established pursuant to subsection (a) to
procure and stock precision guided munitions anticipated to be needed
by partner and allied forces to enhance the effectiveness of overseas
contingency operations conducted or supported by the United States.
(c) Replenishment of Fund.--The fund established pursuant to
subsection (a) may be replenished through purchases by foreign
governments or the United States Government or subsequent
appropriations.
(d) Rule of Construction.--Nothing in this section shall be
construed as precluding the Secretary of Defense from acquiring or
utilizing precision guided munitions to meet immediate United States
military requirements on a reimbursable basis that have been purchased
and stored through the fund established pursuant to subsection (a).
(e) Management.--The fund established pursuant to subsection (a)
and associated inventories of precision guided munitions shall be
managed by the Defense Logistics Agency and the Joint Chiefs of Staff
to optimize the storage, distribution, and deployment of such precision
guided munitions to improve the capability of partner and allied forces
to contribute to overseas contingency operations conducted or supported
by the United States.
SEC. 883. 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), is further amended by striking
``December 31, 2016'' and inserting ``December 31, 2018''.
SEC. 884. CLARIFICATION OF TREATMENT OF CONTRACTS PERFORMED OUTSIDE THE
UNITED STATES.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2338. Clarification of treatment of contracts performed outside
the United States
``(a) In General.--In accordance with section 19.000(b) of the
Federal Acquisition Regulation as in effect on May 1, 2016, Department
of Defense contracts performed outside of the United States shall not
be subject to the sole source contract requirements or goals for
procurement listed in part 19 of the Federal Acquisition Regulation.
``(b) Limitation on Funding.--No funds may be expended on any
Department of Defense contract performed outside of the United States
to which the sole source contract requirements or goals for procurement
contracts listed in Part 19 of the Federal Acquisition Regulation are
applied.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2338. Clarification of treatment of contracts performed outside the
United States.''.
SEC. 885. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN AFRICA IN SUPPORT OF COVERED ACTIVITIES.
(a) Authority.--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) Determinations.--
(1) 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,
stability, and economic prosperity in Africa.
(C) That the product or service is of equivalent
quality of a product or service that would have
otherwise been acquired.
(2) 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 States Code, is not reasonably
available to provide the required air transportation.
(c) 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
which 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) Products and services of a covered african country.--
For purposes of this section:
(A) A product is from a covered African country if
it is wholly grown, mined, manufactured, or produced in
the covered African country.
(B) A service is from a covered African country if
it is performed by a person or entity that is properly
licensed or registered by authorities of a covered
African country and--
(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, or labor of the covered African
country.
(d) Conforming Amendment.--Section 1263 of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3581) is repealed.
SEC. 886. 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''.
Subtitle H--Other Matters
SEC. 891. CONTRACTOR BUSINESS SYSTEM REQUIREMENTS.
(a) Requirements.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Contractor business system requirements
``(a) Improvement Program.--The Secretary of Defense shall develop
and initiate a program for the improvement of contractor business
systems to ensure that such systems provide timely, reliable
information for the management of Department of Defense programs by the
contractor and by the Department at reduced burden and price to the
Government and contractor.
``(b) Approval or Disapproval of Business Systems.--The program
developed pursuant to subsection (a) shall--
``(1) include system requirements for each type of
contractor business system covered by the program;
``(2) establish a process for reviewing contractor business
systems and identifying significant deficiencies in such
systems;
``(3) identify officials of the Department of Defense who
are responsible for the approval or disapproval of contractor
business systems;
``(4) provide for the approval or conditional approval of
any contractor business system that does not have a significant
deficiency; and
``(5) provide for--
``(A) the disapproval of any contractor business
system that has a significant deficiency; and
``(B) reduced reliance on, and enhanced and
effective analysis of, data provided by a contractor
business system that has been disapproved.
``(c) Earned Value Management System.--The program developed
pursuant to subsection (a) shall not require the use of earned value
management systems on other than non-firm fixed-price contracts above
the regulatory dollar threshold that have discrete, schedulable, and
measurable work scope.
``(d) Remedial Actions.--The program developed pursuant to
subsection (a) shall provide the following:
``(1) In the event a contractor business system is
conditionally approved or disapproved pursuant to subsection
(b)(5), appropriate officials of the Department of Defense will
be available to work with the contractor to develop a
corrective action plan defining specific actions to be taken to
address the significant deficiencies identified in the system
and a schedule for the implementation of such actions.
``(2) An appropriate official of the Department of Defense
may withhold a percentage, but no more than 10 percent, of
progress payments, performance-based payments, and interim
payments under covered contracts from a covered contractor, as
needed to protect the interests of the Department and ensure
compliance, if one or more of the contractor business systems
of the contractor has been conditionally approved or
disapproved pursuant to subsection (b)(5) and has not
subsequently received approval. Such percentage shall be
established in agreement with the contractor at time of
contract award or modification.
``(3) The amount of funds to be withheld under paragraph
(2) shall be reduced if a contractor adopts an effective
corrective action plan pursuant to paragraph (1) and is
effectively implementing such plan.
``(e) Guidance and Training.--The program developed pursuant to
subsection (a) shall provide guidance and training to appropriate
government officials on the data that is produced by contractor
business systems and the manner in which such data should be used to
effectively manage Department of Defense programs.
``(f) Restrictions on Review of Non-covered Contractor Business
Systems.--
``(1) In general.--Unless a specific determination in
writing has been made by the Milestone Decision Authority, the
Department of Defense may only review the contractor business
system of a non-covered contractor if the contractor has a
cost-type contract with the Department of Defense. Any such
review shall be limited to confirming that the contractor uses
the same contract business system for its government and
commercial work and that the outputs of the contract business
system based on statistical sampling are reasonable.
``(2) Third-party review.--Any review conducted under this
subsection shall be conducted by a third party commercial
auditing firm.
``(g) Definitions.--In this section:
``(1) The term `contractor business system' means an
accounting system, estimating system, purchasing system, earned
value management system, material management and accounting
system, or property management system of a contractor.
``(2) The term `covered contractor' means a contractor
that--
``(A) has contracts with the United States
Government accounting for not less than 30 percent of
its total commercial sales; and
``(B) has cost-type contracts with the United
States Government accounting for not less than 1
percent of its total commercial sales.
``(3) The term `covered contract' means a contract that is
subject to the cost accounting standards promulgated pursuant
to section 1502 of title 41, United States Code, that could be
affected if the data produced by a contractor business system
has a significant deficiency.
``(4) The term `significant deficiency', in the case of a
contractor business system, means a shortcoming in the system
that materially affects the ability of officials of the
Department of Defense and the contractor to rely upon
information produced by the system that is needed for
management purposes.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2338. Contractor business system requirements.''.
(b) Prohibition on Applying Certain Contractor Business System
Requirements to Non-covered Contractors.--The Secretary of Defense may
not apply any requirement implemented pursuant to section 893 of the
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 2302 note) or any regulation prescribed
pursuant to such section to any contractor that is not a covered
contractor (as defined in section 2338 of title 10, as added by
subsection (a)).
SEC. 892. 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--
(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. 893. 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.
(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. 894. DIRECTOR OF DEVELOPMENTAL TEST AND EVALUATION.
(a) Developmental Testing Duties.--
(1) In general.--Section 139 of title 10, United States
Code, is amended--
(A) by striking subsection (d);
(B) by redesignating subsections (e), (f), (g), and
(h) as subsections (d), (e), (f), and (g),
respectively; and
(C) by inserting after subsection (g), as
redesignated by subparagraph (B), the following new
subsection:
``(h) The Director shall be the principal advisor to the Secretary
of Defense on developmental test and evaluation in the Department of
Defense and shall--
``(1) develop policies and guidance for--
``(A) the conduct of developmental test and
evaluation in the military departments and other
elements of the Department of Defense (including
integration and developmental testing of software);
``(B) the integration of developmental test and
evaluation with operational test and evaluation; and
``(C) the conduct of developmental test and
evaluation conducted jointly by more than one military
department or Defense Agency;
``(2) review the developmental test and evaluation plan
within the test and evaluation master plan for each major
defense acquisition program of the Department of Defense;
``(3) monitor and review the developmental test and
evaluation activities of the major defense acquisition programs
in order to advise relevant technical authorities for such
programs on the incorporation of best practices for
developmental test from across the Department;
``(4) provide advocacy, oversight, and guidance to elements
of the acquisition workforce responsible for developmental test
and evaluation; and
``(5) periodically review the organizations and
capabilities of the military departments with respect to
developmental test and evaluation and identify needed changes
or improvements to such organizations and capabilities, and
provide input regarding needed changes or improvements for the
test and evaluation strategic plan developed in accordance with
section 196(d) of this title.''.
(b) Supervision of the Director of the Test Resource Management
Center.--Section 196(g) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Under
Secretary'' and inserting ``Director of Operational Test and
Evaluation''; and
(2) by striking ``subject to the supervision of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics. The Director shall report directly to the Under
Secretary'' and inserting ``subject to the supervision of the
Director of Operational Test and Evaluation. The Director of
the Center shall report directly to the Director of Operational
Test and Evaluation''.
(c) Service Chiefs and Secretaries.--The Secretary of Defense shall
ensure that the Chiefs of Services and the Secretaries of the military
departments--
(1) may inform the Secretary of Defense of concerns over
the testing of a major defense acquisition program or a major
system; and
(2) are provided a process to request waivers from the
Secretary from performing additional testing beyond the program
Test and Evaluation Master Plan to reflect cost, schedule,
risk, and expected operational use of a program.
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.
(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) 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 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 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. ENHANCEMENT OF ELECTRONIC WARFARE CAPABILITIES.
(a) Fielding of Electromagnetic Spectrum Warfare Systems and
Electronic Warfare Capabilities.--Funds authorized to be appropriated
for electromagnetic spectrum warfare systems and electronic warfare may
be used for the development and fielding of electromagnetic spectrum
warfare systems and electronic warfare capabilities.
(b) Inclusion of Electronic Warfare Programs in the Rapid
Acquisition Authority Program.--
(1) In general.--Section 806(c)(1) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 10 U.S.C. 2302 note) is amended by adding at the
end the following new subparagraph:
``(D)(i) In the case of any supplies and associated support
services that, as determined in writing by the Secretary of
Defense without delegation, are urgently needed to eliminate a
deficiency in electronic warfare that if left unfilled is
likely to result in critical mission failure, the loss of life,
property destruction, or economic effects, the Secretary may
use the procedures developed under this section in order to
accomplish the rapid acquisition and deployment of needed
offensive or defensive electronic warfare capabilities,
supplies, and associated support services.
``(ii) The Secretary of Defense shall ensure, to the extent
practicable, that for the purposes of electronic warfare
acquisition, the Department of Defense shall consider use of
the following procedures:
``(I) The rapid acquisition authority provided
under this section.
``(II) Use of other transactions authority provided
under section 2371 of title 10, United States Code.
``(III) The acquisition of commercial items using
simplified acquisition procedures.
``(IV) The authority for procurement for
experimental purposes provided under section 2373 of
title 10, United States Code.
``(V) 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).
``(iii) In this subparagraph, 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, and includes electromagnetic spectrum
warfare, which encompasses military communications and sensing
operations that occur in the electromagnetic operational
domain.''.
(2) Conforming amendments.--Section 2373 of title 10,
United States Code, is amended--
(A) in subsection (a), by striking ``and
aeronautical supplies'' and inserting ``, aeronautical
supplies, and electronic warfare''; and
(B) by adding at the end of the following new
subsection:
``(c) Electronic Warfare Defined.--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,
and includes electromagnetic spectrum warfare, which encompasses
military communications and sensing operations that occur in the
electromagnetic operational domain.''.
(c) Electronic Warfare Executive Committee Reports to Congress.--
Not later than 270 days after the date of the enactment of this Act,
the Electronic Warfare Executive Committee shall submit to the
congressional defense committees a strategic plan with measurable and
timely objectives to achieve its mission according to the following
metrics:
(1) Progress on intra-service ground and air
interoperabilities.
(2) Progress in streamlining the requirements, acquisition,
and budget process to further a rapid electronic warfare
acquisition process.
(3) The efficiency and effectiveness of the acquisition
process for priority electronic warfare items.
(4) The training methods and requirements of the military
services for training in contested electronic warfare
environments.
(5) Capability gaps with respect to near-peer adversaries
identified pursuant to a capability gap assessment.
(6) A joint strategy on achieving near real-time system
adaption to rapidly advancing modern digital electronics.
(7) Progress on increasing innovative electromagnetic
spectrum warfighting methods and operational concepts that
provide advantages within the electromagnetic spectrum
operational domain.
SEC. 898. IMPROVED TRANSPARENCY AND OVERSIGHT OVER DEPARTMENT OF
DEFENSE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
EFFORTS AND PROCUREMENT ACTIVITIES RELATED TO MEDICAL
RESEARCH.
The Secretary of Defense may not enter into a contract, grant, or
cooperative agreement for congressional special interest medical
research programs under the congressionally directed medical research
program of the Department of Defense unless the contract, grant, or
cooperative agreement meets the following conditions:
(1) Compliance with the cost and price data requirements
under section 2306a of title 10, United States Code.
(2) Compliance with the cost accounting standards under
section 1502 of title 41, United States Code.
(3) Compliance with requirements for full and open
competition under section 2304 of title 10, United States Code,
without reliance on one of the exceptions set forth in
subsection (c) of such section.
(4) Prior to obligation of any funds, review by and
certification from the Defense Contract Audit Agency regarding
the adequacy of the accounting systems of the proposed awardee,
including a forward pricing review of the awardee's proposal.
(5) Prior to any payment on the contract, grant, or
cooperative agreement, performance by the Defense Contract
Audit Agency of an incurred cost audit.
(6) Agreement that the United States Government will have
the same rights to the technical data to an item or process
developed under the contract, grant, or cooperative agreement
as applicable under section 2320(a)(2)(A) of title 10, United
States Code, to items and processes developed exclusively with
Federal funds where the medical research results in medicines
and other treatments that will be procured or otherwise paid
for by the Federal Government through the Department of
Defense, the Department of Veterans Affairs, Medicare,
Medicaid, or other Federal Government health programs.
SEC. 899. EXTENSION OF ENHANCED TRANSFER AUTHORITY FOR TECHNOLOGY
DEVELOPED AT DEPARTMENT OF DEFENSE LABORATORIES.
Section 801 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 2514 note) is amended by
striking ``2017'' and inserting ``2020''.
SEC. 899A. RAPID PROTOTYPING FUNDS FOR THE MILITARY SERVICES.
Section 804(d) 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 subsection heading, by striking ``Fund'' and
inserting ``Funds'';
(2) 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 services.--
The Secretary of the Army, Navy, and Air Force may each
establish service specific funds (and, in the case of the
Secretary of Navy, including the Marine Corps) to provide
funds, in addition to other funds that may be available for
acquisition programs under the rapid fielding and prototyping
pathways established pursuant to this section. The service
specific funds shall consist of amounts appropriated to the
funds.''.
SEC. 899B. DEFENSE MODERNIZATION ACCOUNT.
(a) In General.--Section 2216 of title 10, United States Code, is
amended--
(1) in subsection (b)(1), by striking ``commencing'';
(2) in subsection (c)--
(A) in paragraph (1)(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,'';
(B) in paragraph (2), by striking ``if--'' and all
that follows through ``(B) the balance of funds'' and
inserting ``if the balance of funds'';
(C) in paragraph (3)--
(i) by striking ``credited to'' both places
it appears and inserting ``deposited in''; and
(ii) by inserting ``and obligation'' after
``available for transfer''; and
(D) by striking paragraph (4);
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``commencing''; and
(ii) by striking ``Secretary of Defense''
and inserting ``Secretary concerned'';
(B) in paragraph (2), by striking ``procurement
program'' and inserting ``major system program'';
(C) in paragraph (3), by striking ``modernization
of an existing system or of a system being procured
under an ongoing procurement program'' and inserting
``paying costs of unforeseen contingencies that could
prevent an ongoing major system program from meeting
critical schedule or performance requirements''; and
(D) 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.'';
(4) in subsection (e)(1), by striking ``procurement
program'' both places it appears and inserting ``weapon system
program'';
(5) in subsection (f)(1), by striking ``Secretary of
Defense'' and inserting ``Secretary of a military department,
or the Secretary of Defense with respect to Defense-wide
appropriations accounts'';
(6) in subsection (g)--
(A) by striking ``in accordance with the provisions
of appropriations Acts''; and
(B) 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.'';
(7) in subsection (h)(2)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) apportionment of amounts deposited in the Fund on a
pro rate basis consistent with each military department's
deposits in the Fund.'';
(8) in subsection (i)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting before paragraph (3), as
redesignated by subparagraph (B), the following new
paragraphs:
``(1) The term `major defense acquisition program' has the
meaning given the term in section 2430(a) of this title.
``(2) The term `major system' has the meaning given the
term in section 2302(5) of this title.''; and
(9) in subsection (j)(1), by striking ``terminates at the
close of September 30, 2006'' and inserting ``terminates at the
close of September 30, 2022''.
(b) Applicability.--The authority under section 2216(c) of title
10, United States Code, as amended by subsection (a), applies to funds
appropriated for fiscal years after fiscal year 2016.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING AND
RELATED ACQUISITION POSITION IN THE OFFICE OF THE
SECRETARY OF DEFENSE.
(a) Under Secretary of Defense for Research and Engineering.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by striking section 133 and inserting the following
new section 133:
``Sec. 133. Under Secretary of Defense for Research and Engineering
``(a) Under Secretary of Defense.--
``(1) In general.--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.
``(2) Individuals qualified for appointment.--The Under
Secretary shall be appointed from among persons who have an
extensive management background and experience with managing
complex or advanced technological programs.
``(3) Limitation on appointment.--A person may not be
appointed as Under Secretary of Defense for Research and
Engineering 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 by--
``(1) serving as the chief technology officer and the chief
acquisition officer of the Department of Defense with the
primary mission of defense technology innovation;
``(2) overseeing, and serving as principal advisor to the
Secretary on, all defense research, development, prototyping,
and experimentation activities and programs, and unifying the
efforts of defense laboratories and the rapid capabilities
offices of the military departments;
``(3) establishing policies, and serving as principal
advisor to the Secretary, for all elements of the Department of
Defense relating to acquisition and the oversight of, access
to, and maintenance of the defense industrial base;
``(4) overseeing the modernization of nuclear forces and
the development of capabilities to counter weapons of mass
destruction, and serving as the chair of the Nuclear Weapons
Council;
``(5) serving as the Defense Acquisition Executive for
purposes of regulations and procedures of the Department of
Defense providing for a Defense Acquisition Executive; and
``(6) exercising advisory authority over national security
acquisition programs of the armed forces for which the Service
Acquisition Executive is the Milestone Decision Authority.
``(c) Reporting.--The following officials shall report directly to
the Under Secretary:
``(1) The Assistant Secretary of Defense for Acquisition
Policy and Oversight.
``(2) The Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense.
``(3) The Director of the Defense Advanced Research
Projects Agency.
``(4) The Director of the Missile Defense Agency.
``(5) The Director of the Strategic Capabilities Office (or
any successor organization).
``(6) The Director of the Defense Threat Reduction Agency.
``(7) The Director of the Defense Acquisition University.
``(8) The head of any office or agency of the Department of
Defense with the primary mission of defense technology
innovation that is specified by the Secretary of Defense for
purposes of this subsection.
``(d) 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) Repeal or superseded pending amendment.--Effective as
of the date of the enactment of this Act, subparagraph (A) of
section 901(j)(2) 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, and the
amendment otherwise to be made by such subparagraph shall not
be made or go into effect.
(b) Repeal and Redesignation of Certain Director Positions.--
Chapter 4 of title 10, United States Code, is further amended--
(1) by striking sections 139b and 139c; and
(2) by redesignating sections 139 and 139a as sections 139a
and 139b, respectively.
(c) Repeal of Certain ASD Positions and Establishment of Assistant
Secretary of Defense for Acquisition Policy and Oversight.--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);
(B) by inserting after paragraph (5) the following
new paragraph (6):
``(6) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Acquisition Policy and Oversight, as provided
for in section 139 of this title.''; and
(C) by redesignating paragraph (10) as paragraph
(7); and
(2) by inserting after section 138, as so amended, the
following new section 139:
``Sec. 139. Assistant Secretary of Defense for Acquisition Policy and
Oversight
``(a) Assistant Secretary of Defense.--
``(1) In general.--There is an Assistant Secretary of
Defense for Acquisition Policy and Oversight, appointed as
provided in section 138(a)(2) of this title.
``(2) Individuals qualified for appointment.--The Assistant
Secretary shall be appointed from among persons most highly
qualified for the position by reason of background and
experience, including persons with an extensive management
background and experience in acquisition, industrial
incentives, and contracting.
``(b) Reporting.--The Assistant Secretary shall report to the Under
Secretary of Defense for Research and Engineering.
``(c) Duties and Powers.--Subject to the authority, direction, and
control of the Secretary of Defense and the Under Secretary of Defense
for Research and Engineering, the Assistant Secretary shall perform
such duties and exercise such powers relating to defense acquisition as
the Secretary and the Under Secretary may prescribe, including--
``(1) overseeing, and advising the Secretary and the Under
Secretary on, matters relating to the acquisition of Department
of Defense national security capabilities;
``(2) establishing acquisition policy for the Department of
Defense, including development, production, procurement,
testing, logistics, maintenance, contracting support, and other
life-cycle considerations for all acquisition activities of the
Department;
``(3) establishing policies of the Department of Defense
for overseeing, accessing, and maintaining the defense
industrial base of the United States and its allies, including
industrial restructuring, technology release and protection,
and intellectual property matters;
``(4) exercising advisory authority on behalf of the Under
Secretary over national security acquisition programs of the
armed forces for which the Service Acquisition Executive is the
Milestone Decision Authority;
``(5) serving as the senior procurement executive for the
Department of Defense for the purposes of section 1702(c) of
title 41; and
``(6) exercising overall supervision of all military and
civilian personnel in the Office of the Secretary of Defense,
unless otherwise provided by law, with regard to matters for
which the Assistant Secretary has responsibility.
``(d) Deputy Assistant Secretary of Defense for Logistics and
Sustainment.--
``(1) In general.--There is a Deputy Assistant Secretary of
Defense for Logistics and Sustainment. The Deputy Assistant
Secretary shall be appointed by the Secretary of Defense from
among individuals who have extensive experience in military
logistics, maintenance, and sustainment support.
``(2) Duties.--The Deputy Assistant Secretary shall assist
the Assistant Secretary by overseeing logistics, maintenance,
and sustainment support for elements of the Department,
including the following:
``(A) Management and sustainment of weapon systems.
``(B) Readiness and sustainment support for the
combatant commands.
``(C) Sustainment and readiness of the organic
industrial base.
``(D) Development, management, integration, and
innovation of and within the life cycle management and
supply chain of weapon systems.
``(3) Discharge of duties.--Subject to the authority,
direction, and control of the Assistant Secretary, in carrying
out such duties, the Deputy Assistant Secretary shall work
closely with the following:
``(A) The Under Secretary of Defense for Management
and Support and the Director of the Defense Logistics
Agency.
``(B) Acquisition personnel of the armed forces,
the Department of Defense, and the military
departments.''.
(d) Matters Relating to Under Secretary of Defense for Business
Management and Information.--
(1) Redesignation as under secretary of defense for
management and support.--Section 132a of title 10, United
States Code, is amended by striking ``Under Secretary of
Defense for Business Management and Information'' each place it
appears and inserting ``Under Secretary of Defense for
Management and Support''.
(2) Enhancement of authorities.--Such section is further is
amended--
(A) in subsection (c), by adding at the end the
following new paragraphs:
``(7) Overseeing, supervising, and directing the activities
of Defense Agencies responsible for the execution of policies
and practices relating to the purchase of consumable goods,
spare parts, services, and utilities, the execution of audits,
contract administration, real property and installation
support, procurement on behalf of other nations, and logistics,
maintenance, and sustainment support for elements of the
Department of Defense.
``(8) Subject to subsection (e), ensuring that audit and
oversight of contractor activities are coordinated and executed
in a manner to prevent duplication by different elements of the
Department of Defense, and providing for coordination of the
annual plans developed by each such element for the conduct of
audit and oversight functions within each contracting
activity.''; and
(B) by striking subsection (d) and insert the
following new subsections:
``(d) Reporting.--The following officials shall report directly to
the Under Secretary:
``(1) The Director of the Defense Logistics Agency.
``(2) The Director of the Defense Contract Management
Agency.
``(3) The Director of the Defense Contract Audit Agency.
``(4) The Administrator of the Defense Technical
Information Center.
``(5) The Director of the Office of Economic Adjustment.
``(6) The Director of the Defense Commissary Agency.
``(7) The Director of the Defense Finance and Accounting
Service.
``(8) The Director of Washington Headquarters Services.
``(9) The Director of the Pentagon Force Protection Agency.
``(10) The head of any agency of the Department of Defense
with a business management mission that is specified by the
Secretary of Defense for purposes of this subsection.
``(e) Auditing and Oversight of Contractor Activities.--
``(1) Consultation.--In carrying out subsection (c)(8), the
Under Secretary shall consult with the Inspector General of the
Department of Defense.
``(2) Construction with certain other authority.--Nothing
in this section shall affect the authority of the Inspector
General of the Department of Defense to establish audit policy
for the Department of Defense under the Inspector General Act
of 1978 (5 U.S.C. App.) and otherwise to carry out the
functions of the Inspector General under that Act.''.
(3) Conforming amendments.--The following provisions of law
are each amended by striking ``Under Secretary of Defense for
Business Management and Information'' and inserting ``Under
Secretary of Defense for Management and Support'';
(A) Section 134(c) of title 10, United States Code.
(B) Section 2222 of title 10, United States Code.
(C) Section 5313 of title 5, United States Code
(D) Section 901(n)(1) of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015.
(4) Clerical amendments.--
(A) Section heading.--The heading of section 132a
of title 10, United States Code, is amended to read as
follows:
``Sec. 132a. Under Secretary of Defense for Management and Support''.
(B) Table of sections.--The table of sections at
the beginning of chapter 4 of such title is amended by
striking the item relating to section 132a and
inserting the following new item:
``132a. Under Secretary of Defense for Management and Support.''.
(5) Effective date.--The amendments made by this subsection
shall take effect on February 1, 2017, immediately after the
coming into effect of the amendments made by subsection (a)(1),
and related provisions, of section 901 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015, to which the amendments made by this
subsection relate.
(e) Office of the Secretary of Defense Organization.--
(1) Placement of usd for research and engineering.--
Subparagraph (A) of section 131(b)(2) of title 10, United
States Code, is amended to read as follows:
``(A) The Under Secretary of Defense for Research and
Engineering.''.
(2) Additional conforming amendment relating to placement
of later established usd for business management and support.--
Paragraph (2) of section 901(a) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 is amended to read as follows:
``(2) Placement in the office of the secretary of
defense.--Effective on the effective date specified in
paragraph (1), section 131(b)(2) of such title is amended--
``(A) by redesignating subparagraphs (B) through
(E) as subparagraphs (C) through (F), respectively; and
``(B) by inserting after subparagraph (A) by the
following new subparagraph (B):
```(B) The Under Secretary of Defense for Management and
Support.'.''.
(f) Additional Clerical Amendments.--The table of sections at the
beginning of chapter 4 of title 10, United States Code, is amended--
(1) by striking the item relating to section 133 and
inserting the following new item:
``133. Under Secretary of Defense for Research and Engineering.''; and
(2) by striking the items relating to sections 139, 139a,
139b, and 139c and inserting the following new items:
``139. Assistant Secretary of Defense for Acquisition Policy and
Oversight.
``139a. Director of Operational Test and Evaluation.
``139b. Director of Cost Assessment and Program Evaluation.''.
(g) Executive Schedule Level II.--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 item:
``Under Secretary of Defense for Research and
Engineering.''.
(h) Implementation.--
(1) Commencement.--Except as otherwise provided in this
section, the Secretary of Defense shall commence implementation
of this section and the amendments made by this section on the
date of the enactment of this Act.
(2) Nominations.--Any individual nominated by the President
who takes office in 2017 to a position under section 133 or 139
of title 10, United States Code (as amended by this section),
shall meet the qualifications and other requirements of such
position as specified in such section.
(3) Implementation plan.--Not later than March 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees the following:
(A) A plan for the full implementation of this
section and the amendments made by this section.
(B) A report that describes the concerns, if any,
that the Secretary has with the requirements of this
section and the amendments made by this section, and
recommendations for such legislative action to address
such concerns as the Secretary considers appropriate.
(4) Completion.--The Secretary shall complete the
implementation of this section and the amendments made by this
section not later than January 20, 2018.
(i) Incumbents.--
(1) Retention of incumbents.--The incumbent in each
position under a provision of law repealed or superseded by a
provision of this section as of the day before the date of the
enactment of this Act may, at the election of the Secretary of
Defense, remain in such position after the date of the
enactment of this Act in accordance with the terms of the
provision so repealed or superseded as in effect on the day
before the date of the enactment of this Act.
(2) Rate of pay.--The rate of pay payable under title 5,
United States Code, to an incumbent covered by paragraph (1)
for service in the applicable position after the date of the
enactment of this Act shall be the rate of pay payable for such
position under chapter 53 of title 5, United States Code, as of
the day before the date of the enactment of this Act.
(j) References.--
(1) USD for atl.--Any reference to the Under Secretary of
Defense for Acquisition, Technology, and Logistics in any law,
regulation, map, document, record, or other paper of the United
States shall be deemed to be a reference to the Under Secretary
of Defense for Research and Engineering.
(2) ASD for acquisition.--Any reference to the Assistant
Secretary of Defense for Acquisition in any law, regulation,
map, document, record, or other paper of the United States
shall be deemed to be a reference to a position designated by
the Assistant Secretary of Defense for Acquisition Policy and
Oversight.
(3) ASD for logistics and materiel readiness.--Any
reference to the Assistant Secretary of Defense for Logistics
and Materiel Readiness in any law, regulation, map, document,
record, or other paper of the United States shall be deemed to
be a reference to the position designated by the Secretary for
purposes of this paragraph.
(4) ASD for research and engineering.--Any reference to the
Assistant Secretary of Defense for Research and Engineering in
any law, regulation, map, document, record, or other paper of
the United States shall be deemed to be a reference to the
Under Secretary of Defense for Research and Engineering.
(5) ASD for energy, installations, and the environment.--
Any reference to the Assistant Secretary of Defense for Energy,
Installations, and the Environment in any law, regulation, map,
document, record, or other paper of the United States shall be
deemed to be a reference to the position designated by the
Secretary for purposes of this paragraph.
(k) Report on Additional Conforming and Other Amendments.--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 setting for
comprehensive recommendations for such conforming and other amendments
to law as the Secretary considers appropriate in light of this section
and the amendments made by this section.
SEC. 902. 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, including persons
with appropriate management experience of a large complex
organization''.
(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 experience of a large complex organization''.
(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 experience of a large complex organization''.
SEC. 903. ESTABLISHMENT OF ASSISTANT SECRETARY OF DEFENSE FOR
INFORMATION (CHIEF INFORMATION OFFICER) IN OFFICE OF
SECRETARY OF DEFENSE.
(a) In General.--Paragraph (8) of section 138(b) of title 10,
United States Code, is amended to read as follows:
``(8) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Information (Chief Information Officer), who shall
report to the Secretary and the Deputy Secretary of Defense. The
Assistant Secretary shall be the principal advisor to the Secretary and
have responsibility for all defense cyber and space policy, information
network defense, policies and standards governing information
technology systems, and related information security activities of the
Department, including oversight of the Defense Information Systems
Agency or any successor organization.''.
(b) Conforming Amendment.--
(1) In general.--Subsection (b) of section 132a of such
title is amended to read as follows:
``(b) The Under Secretary also serves as the Performance
Improvement Officer of the Department of Defense.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on February 1, 2017, immediately after the
coming into effect of the amendment made by section 901(a)(1)
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 35462), to which the amendment made by paragraph
(1) relates.
SEC. 904. REDUCTION IN MAXIMUM NUMBER OF PERSONNEL IN 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) Limitations on Personnel for the Joint Staff.--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 1,930.
``(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.''.
(c) Office of the Secretary of the Army.--Section 3014(f) of such
title is amended--
(1) in paragraph (3), by striking ``67'' and inserting
``50'';
(2) in paragraph (4), by striking ``time of war'' and all
that follows and inserting ``time of war.''; and
(3) 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 (3), by striking ``74'' and inserting
``56'';
(2) in paragraph (4), by striking ``time of war'' and all
that follows and inserting ``time of war.''; and
(3) 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 (3), by striking ``60'' and inserting
``45'';
(2) in paragraph (4), by striking ``time of war'' and all
that follows and inserting ``time of war.''; and
(3) 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.''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on January 1, 2019.
SEC. 905. 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 after fiscal year 2018.--The total
amount obligated by the Department for any fiscal year after
fiscal year 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 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.
(2) The term ``staff augmentation contracts'' means
contracts for personnel who are subject to the direction of a
Government official other than the contracting officer for the
contract, including contractor personnel who perform personal
services contracts (as that term is defined in section
2330a(g)(5) of title 10, United States Code).
SEC. 906. UNIT WITHIN THE OFFICE OF THE SECRETARY OF DEFENSE SUPPORTING
ACHIEVEMENT OF RESULTS IN DEPARTMENT OF DEFENSE
MANAGEMENT REFORM AND BUSINESS TRANSFORMATION EFFORTS.
(a) In General.--The Secretary of Defense serving in that position
as of February 1, 2017, may establish within the Office of the
Secretary of Defense on that date a unit of personnel that shall be
responsible for providing expertise and support throughout the
Department of Defense in efforts of the Department relating to
management reform and business transformation. The unit may be known as
the ``delivery unit'' for Department efforts on management reform and
business transformation.
(b) Composition.--The unit established under subsection (a) shall
consist of not more than 30 individuals selected by the Secretary
primarily from among individuals outside the Government who have
significant experience and expertise in management consulting,
organization transformation, or data analytics.
(c) Duties.--
(1) In general.--The unit established under subsection (a)
shall have the duties as follows:
(A) To assist senior managers in developing and
implementing roadmaps to achieve targets in management
reform and business transformation for the Department
of Defense established by Secretary of Defense referred
to in subsection (a).
(B) To assist that Secretary and the Deputy
Secretary of Defense in monitoring the progress of
management reform and business transformation in the
Department, and to assist that Secretary and the Deputy
Secretary in providing for corrections in actions based
on data-driven decision-making that will expedite the
business processes of the Department.
(2) Consultation with private sector.--In carrying out the
duties specified in paragraph (1), the unit shall seek to
leverage the expertise available to the Department through
current exchange programs of the Department with the private
sector in order to obtain and deploy proven data analytics and
management consulting practices.
(d) Termination.--The unit established under subsection (a) shall
cease to exist on January 31, 2021.
(e) Funding.--Of the amount authorized to be appropriated for
fiscal year 2017 for the Department of Defense and available for the
Office of the Secretary of Defense, up to $30,000,000 may be available
for activities of the unit established under subsection (a). Such
amount may not be obligated or expended for that purpose until the date
on which the unit is established.
Subtitle B--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) Repeal of advice on request.--Such section is further
amended--
(A) in subsection (b)(2), by striking ``subsections
(d) and (e)'' and inserting ``subsection (d)'';
(B) by striking subsection (e); and
(C) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
(b) Chairman of the Joint Chiefs of Staff Matters.--
(1) Term of service.--Subsection (a) of section 152 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.''; and
(B) in paragraph (3), by--
(i) by striking the first sentence;
(ii) by striking ``However, the President''
and inserting ``The President'';
(iii) by striking ``combined''; and
(iv) by striking ``in such positions'' and
inserting ``as Chairman or Vice Chairman''.
(2) Requirement for appointment.--Subsection (b)(1) of such
section is amended--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(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:
``(a) Responsibilities.--The Chairman of the Joint Chiefs of Staff
is responsible for ensuring that the President and the Secretary of
Defense receive military advice on the comprehensive organization,
training, equipping, and employment of the armed forces.
``(b) Primary Focus.--Subject to the authority, direction, and
control of the President and the Secretary of Defense, the primary
focus of the Chairman of the Joint Chiefs of Staff shall be the
development of the military elements of national security and defense
strategy, assisting the President and the Secretary in the integration
of military operations and activities worldwide, and advocating for
military requirements of the present and future joint force of the
United States, including as follows:
``(1) Strategy development and operational planning.--In
matters relating to strategy development and operational
planning:
``(A) Developing strategic frameworks and directing
planning, 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 118
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) Providing advice to the President and the
Secretary on daily and ongoing military operations.
``(D) Preparing alternative military analysis,
options, and plans, as the Chairman considers
appropriate, to recommend to the Secretary.
``(E) Preparing joint logistic, mobility, and
operational energy plans to support the national
defense strategy and recommending the assignment of
responsibilities to the armed forces in accordance with
these plans.
``(F) Providing for the preparation and review of
contingency plans which conform to policy guidance from
the President and the Secretary.
``(2) Global military integration.--In matters relating to
global military integration:
``(A) Advising the Secretary on the need for the
transfer of forces to address transregional, multi-
domain, and multifunctional threats, or multiple
threats with overlapping timeframes.
``(B) To the extent authorized by the Secretary
pursuant to a delegation of authority under section
113(g)(4) of this title, directing the transfer of
limited forces on a temporary basis.
``(3) 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 the national defense strategy 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 producing comprehensive plans to reduce
such risks.
``(C) Identifying the support functions that are
likely to require contractor performance under current
defense strategies, and the risks associated with the
assignment of such functions to contractors.
``(D) Advising the Secretary on critical
deficiencies and strengths in force capabilities
(including manpower, logistic, and mobility support)
identified during the preparation and review of the
national defense strategy and contingency plans and
assessing the effect of such deficiencies and strengths
on meeting national security objectives and policy and
on strategic plans.
``(E) Recommending to the Secretary, in accordance
with section 166 of this title, a budget proposal for
activities of each unified and specified combatant
command.
``(F) 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.
``(G) Advising the Secretary on the extent to which
the major programs and policies of the armed forces in
the area of manpower and contractor support conform
with the national defense strategy and the requirements
of contingency plans produced by the commanders of the
combatant commands, and on the ways to improve and
enhance operational contract support for the armed
forces.
``(4) Joint capability development.--In matters relating to
joint capability development:
``(A) Identifying innovative and experimental new
technologies to maintain the military technological
advantage of the armed forces, and recommending
investments in such technologies to the Secretary.
``(B) Performing net assessments of the
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 the national defense
strategy and with the priorities established for the
requirements of the unified and specified combatant
commands.
``(E) Submitting to the Secretary 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) Identifying, assessing, and approving
military requirements (including existing systems and
equipment) to meet the national defense strategy.
``(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
subsection in the most effective and efficient manner.
``(5) 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.
``(F) Advising the Secretary on development of
joint command, control, communications, and cyber
capability, including integration and interoperability
of such capability, through requirements, integrated
architectures, data standards, and assessments.
``(6) Other matters.--In other matters:
``(A) 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.
``(B) Performing such other duties as may be
prescribed by law or by the President or the Secretary
of Defense.
``(c) National Military Strategy.--
``(1) National military strategy.--
``(A) In general.--The Chairman shall determine
each even-numbered year whether to prepare a new
national military strategy in accordance with this
subparagraph 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, if any,
of the Secretary under paragraph (4).
``(B) Scope.--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 under subparagraph (A), that a
modification is needed.
``(C) Basis.--Each national military strategy or
update submitted under this paragraph shall describe
how the military will achieve support the objectives of
the United States as articulated in--
``(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 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 118 of this title; and
``(iv) any other national security or
defense strategic guidance issued by the
President or the Secretary.
``(D) Elements.--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) develop 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 strategic and
military risks pursuant to paragraph (2), and
developing risk mitigation options;
``(iv) establish a strategic framework for
the development of operational and contingency
plans;
``(v) identify the priority of joint force
capabilities, capacities, and resources; and
``(vi) establish military guidance for the
development of the joint force.
``(2) Risk assessment.--
``(A) In general.--The Chairman shall prepare each
year an assessment of the risks associated with the
most current national military strategy or update under
paragraph (1). The risk assessment shall be known as
the `Risk Assessment of the Chairman of the Joint
Chiefs of Staff'. The Chairman shall complete
preparation of the risk assessment in time for
transmittal to Congress pursuant to paragraph (3),
including in time for inclusion in the report, if any,
of the Secretary of Defense under paragraph (4).
``(B) Objectives.--Each risk assessment shall do
the following:
``(i) As the Chairman considers
appropriate, update any changes to the
strategic environment, threats, objectives,
force planning and sizing constructs,
assessments, and assumptions that informed the
national military strategy or update under
paragraph (1).
``(ii) Identify and define the strategic
risks to United States interests and the
military risks in executing the national
military strategy or update.
``(iii) Identify and define levels of risk,
including an identification of what constitutes
`significant' risk in the judgment of the
Chairman.
``(iv) Identify and assess risk in the
national military strategy or update by
category and level, including how risk is
projected to increase, decrease, or remain
stable over time.
``(v) For each category of risk identified
pursuant to clause (iv), assess the extent to
which current or future risk increases,
decreases, or is stable as a result of
budgetary priorities, tradeoffs, or fiscal
constraints or limitations as currently
estimated and applied in the most current
future-years defense program under section 221
of this title.
``(vi) Identify and assess risk associated
with the assumptions or plans of the national
military strategy or update about the
contributions or support of--
``(I) alliances, allies, and other
friendly nations (including their
capabilities, availability, and
interoperability); and
``(II) any other external support,
as appropriate.
``(vii) Identify and assess the critical
deficiencies and strengths in force
capabilities (including manpower, logistics,
intelligence, and mobility support) identified
during the preparation and review of the
contingency plans of each unified combatant
command, and identify and assess the effect of
such deficiencies and strengths for the
national military strategy or update.
``(3) Submittal of national military strategy and risk
assessment to congress.--
``(A) National military strategy.--Not later than
February 15 of each even-numbered year, the Chairman
shall, through the Secretary of Defense, submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the national
military strategy or update, if any, prepared under
paragraph (1) in such year.
``(B) Risk assessment.--Not later than February 15
each year, the Chairman shall, through the Secretary,
submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
risk assessment prepared under paragraph (2) in such
year.
``(C) Form.--The reports submitted under this
subsection shall be classified in form, but shall
include an unclassified summary.
``(4) Secretary of defense reports to congress.--
``(A) In general.--In transmitting a national
military strategy or update, or a risk assessment, to
Congress pursuant to paragraph (3), the Secretary of
Defense shall include in the transmittal such comments
of the Secretary thereon, if any, as the Secretary
considers appropriate.
``(B) Additional elements with risk assessment.--If
a risk assessment transmitted under paragraph (3) in a
year includes an assessment that a risk or risks
associated with the national military strategy or
update are significant, or that critical deficiencies
in force capabilities exist for a contingency plan
described in paragraph (2)(B)(vii), the Secretary shall
include in the transmittal of the risk assessment the
plan of the Secretary for mitigating such risk or
deficiency. A plan for mitigating risk of deficiency
under this subparagraph shall--
``(i) address the risk assumed in the
national military strategy or update concerned,
and the additional actions taken or planned to
be taken to address such risk using only
current technology and force structure
capabilities; and
``(ii) specify, for each risk addressed,
the extent of, and a schedule for expected
mitigation of, such risk, and an assessment of
the potential for residual risk, if any, after
mitigation.''.
(d) Vice Chairman of the Joint Chiefs of Staff.--
(1) Term of service.--Paragraph (3) of section 154(a) of
title 10, United States Code, is amended is amended by striking
``two years'' and inserting ``four years''.
(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) The Vice Chairman shall not be eligible for promotion to the
position of Chairman or any other position in the armed forces. The
term of the Vice Chairman shall be established so as not to begin in
the same year as the term of the Chairman.''.
(e) Responsibilities of Commanders of the Combatant Commands.--
Section 164(b) of title 10, United States Code, is amended--
(1) in paragraph (2)(A), by inserting ``and in consultation
with the Chairman of the Joint Chiefs of Staff'' before the
semicolon; and
(2) 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 the national defense strategy and respond to
significant military contingencies.
``(B) To take actions necessary to deter conflict.
``(C) To command United States armed forces in conflict, if
directed by the Secretary of Defense and approved by the
President.''.
(f) Combatant Commanders Council.--
(1) In general.--Chapter 6 of title 10, United States Code,
is amended by inserting after section 163 the following new
section:
``Sec. 163a. Combatant Commanders Council
``(a) In General.--There is in the Department of Defense a council
to be known as the `Combatant Commanders Council' (in this section
referred to as `the Council').
``(b) Composition.--The Council shall consist of the following:
``(1) The Secretary of Defense, who shall head the Council.
``(2) The Chairman of the Joint Chiefs of Staff.
``(3) The Vice Chairman of the Joint Chiefs of Staff.
``(4) The commanders of the combatant commands.
``(c) Convening Authority.--The Secretary of Defense shall convene
regular meetings of the Council as the Secretary determines necessary.
The Secretary may delegate the authority to convene meetings of the
Council to the Chairman, in which case the Secretary may designate a
representative to attend the meeting in the Secretary's place.
``(d) Duties.--The responsibilities of the Council are as follows:
``(1) To inform the requirements, production, and periodic
review of the national defense strategy required by section 118
of this title.
``(2) To advise the commanders of the combatant commands of
their roles and responsibilities in executing the national
defense strategy.
``(3) To oversee and guide the implementation of the
national defense strategy.
``(4) To support the Secretary of Defense and the Chairman
in providing for the effective global integration of all
military operations and activities across the combatant
commands in furtherance of the current national defense
strategy and the guidance of the President and the Secretary of
Defense.
``(5) Such other responsibilities as the Secretary may
prescribe.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 6 of such title is amended by inserting
after the item relating to section 163 the following new item:
``163a. Combatant Commanders Council.''.
SEC. 922. DELEGATION TO CHAIRMAN OF JOINT CHIEFS OF STAFF OF AUTHORITY
TO DIRECT TRANSFER OF FORCES.
Section 113(g) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) The Secretary of Defense may, in the Secretary's
discretion, delegate to the Chairman of the Joint Chiefs of Staff the
authority to direct the transfer of forces on behalf of the Secretary.
Any such delegation shall, at a minimum, specify the following:
``(i) The threats, areas, and missions for which the
Chairman of the Joint Chiefs of Staff is authorized to direct
the transfer of forces.
``(ii) The categories and quantities of forces that are
covered by the authorization.
``(iii) The duration of the transfer.
``(B) Any delegation under this paragraph shall require the
Chairman of the Joint Chiefs of Staff to notify the Secretary of any
decision to direct the deployment of forces pursuant to the delegation
as soon as possible.
``(C) A delegation under this paragraph shall be for a period of
not more than one year, and may be renewed.''.
SEC. 923. 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 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
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,
countering the proliferation of weapons of mass
destruction, 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 the capabilities required for
special operations missions.''.
(b) Special Operations Functional Integration and Oversight Team.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by inserting after section 139b, as redesignated by
section 901(b)(2) of this Act, the following new section:
``Sec. 139c. Special Operations Functional Integration and Oversight
Team
``(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 shall
establish and lead a team to be known as the `Special Operations
Functional Integration and Oversight Team' (in this section referred to
as the `Team').
``(b) Purpose.--The purpose of the Team is to integrate the
functional activities of the headquarters of the Department of Defense
in order to most efficiently and effectively provide the capabilities
required for special operations missions. In fulfilling this purpose,
the Team shall develop and continuously improve policy, joint
processes, and procedures that facilitate the development, acquisition,
integration, employment, and sustainment of special operations
capabilities.
``(c) Membership.--The Team shall include the following:
``(1) The Assistant Secretary, who shall act as leader of
the Team.
``(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 other Assistant Secretaries of Defense
under the Under Secretary of Defense for Policy.
``(G) The military departments.
``(H) The Joint Staff.
``(I) The United States Special Operations Command.
``(J) Such other officials or Agencies, elements,
or components of the Department of Defense as the
Secretary of Defense considers appropriate
``(d) Operation.--The Team shall operate continuously.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title, as amended by section
901(f)(2) of this Act, is further amended by inserting after
the item relating to section 139b the following new item:
``139c. Special Operations Functional Integration and Oversight
Team.''.
(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 administration and support of the special operations
command, including the readiness and organization of special operations
forces, special operations-peculiar 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. In
addition, the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict is subordinate to the Under Secretary of Defense
for Policy in all matters of policy related to special operations
activities and low intensity conflict activities of the Department of
Defense.''.
SEC. 924. PILOT PROGRAM ON ORGANIZATION OF SUBORDINATE COMMANDS OF A
UNIFIED COMBATANT COMMAND AS JOINT TASK FORCES.
(a) Pilot Program.--The Secretary of Defense shall carry out a
pilot program on organizing the subordinate commands of a unified
combatant command in the form of joint task forces.
(b) Covered Commands.--The Secretary shall carry out the pilot
program in at least one unified combatant command designated by the
Secretary for purposes of this section.
(c) Plan.--
(1) In general.--In carrying out the pilot program, the
Secretary shall develop, for each combatant command
participating in the pilot program, a plan to--
(A) disestablish, and prohibit the reestablishment
of, any subordinate command of such combatant command
that is organized by a service of the Armed Forces;
(B) identify the major missions and contingencies
in the area of responsibility of such combatant command
that would require a military response;
(C) establish subordinate commands for such
combatant command in the form of joint task forces, as
described in subsection (d);
(D) select a commander of an appropriate grade to
lead each joint task force so established based on the
scale and complexity of the mission that such task
force must perform; and
(E) describe any additional authorities,
specialized training, or other organizational elements
that such joint task forces may require to meet the
objectives of the plan.
(2) Objectives.--The objectives of each plan under this
subsection shall be--
(A) to provide for a greater emphasis on
operational military missions;
(B) to improve the effectiveness and efficiency of
the combatant command concerned in performing the
missions of the combatant command through better
integration of functional components and capabilities,
both from within the combatant command and across the
Department of Defense;
(C) to create more flexible and responsive
subordinate commands that can be established, grown,
reduced, altered, or disestablished based on the
changing nature of threats and contingencies in the
area of responsibility of the combatant command
concerned;
(D) to devolve responsibility and initiative, to
the greatest extent practicable, to lower levels in the
combatant command concerned, eliminating unnecessary
layers of management and headquarters staff, and
reducing the cost and time to perform mission critical
tasks;
(E) to enhance the ability of the combatant command
concerned to execute global defense strategies and
address threats that span multiple regions, functions,
and domains, involve different durations of time, and
lack clearly defined phases of conflict; and
(F) to enable the commander of the combatant
command concerned to integrate the activities of the
combatant command across wider spans of control with
fewer personnel and resources, and to focus more
consistently on the strategic missions of the combatant
command, including coordination with other combatant
commands and engagement with key foreign partners.
(3) Problems to overcome.--The problems that each plan
under this subsection shall seek to overcome are--
(A) deficiencies in the current organization of the
unified combatant commands that have led senior leaders
over many years to rely increasingly on the
establishment of ad hoc joint task forces to meet
critical emergent requirements for the combatant
commands;
(B) dramatic growth in the size of staffs of the
unified combatant commands that inhibit an effective
and efficient performance of missions, lead to
duplication of effort, and draw limited vital resources
away from operational units and toward bureaucratic
staffing functions;
(C) hierarchal, time-intensive, and resource-
intensive planning and decision-making processes that
are required to compensate for, and attempt to achieve
integration among, functional command structures
oriented around separate Armed Forces;
(D) antiquated approaches to persistent, trans-
regional, cross-functional, and multi-domain threats
that cannot be addressed through discrete and isolated
operational plans based on a clear commencement of
hostilities leading to combat operations; and
(E) misaligned priorities that result in unified
combatant commands being overly focused on mission
support activities (such as intelligence analysis and
regional theater engagement) and insufficiently focused
on the operational missions of the combatant commands.
(4) Preparation.--Each plan under this subsection shall be
prepared in consultation with the Chairman of the Joint Chiefs
of Staff and the commander of the combatant command concerned.
(5) Deadline for development.--Any plan to be developed
under this subsection shall be completed by not later than
March 1, 2017.
(6) Submittal to congress.--Upon completion of the
development of a plan under this subsection, the Secretary
shall submit such plan to the congressional defense committees.
(7) Implementation.--The Secretary shall commence
implementation of each plan developed under this subsection for
purposes of the pilot program by not later than September 1,
2017.
(d) Joint Task Forces.--
(1) In general.--Each joint task force established for
purposes of the pilot program pursuant to a plan under
subsection (c) shall be--
(A) established and organized as a cross-functional
team with the primary purpose of performing an
identified mission or providing essential support and
enabling capabilities to task forces performing such
missions;
(B) assigned the necessary number and mixture of
Armed Forces personnel and related capabilities to
perform the mission of such task force;
(C) organized and sized in a manner that best
reflects the scope, scale, complexity, and priority of
the mission that such task force is required to perform
or support;
(D) comprised of representatives from each
functional component from across the Department of
Defense that is relevant to the performance of the
mission of such task force, including the Armed Forces,
other unified combatant commands, other joint task
forces that are subordinate to the same or another
unified combatant command, defense intelligence
agencies, other combat support agencies, and
acquisition offices; and
(E) commanded by a military officer of appropriate
grade who would be selected as prescribed by section
164(e) of title 10, United States Code, and overseen by
the commander of the combatant command as prescribed by
section 164(d) of such title were such joint task force
the subordinate command of a unified combatant command.
(2) Purposes.--The purpose of each joint task force
established pursuant to this subsection shall be to achieve the
operational military mission of such task force, including by--
(A) integrating all the functional components
within such task force into joint efforts;
(B) producing integrated operational plans,
consistent with the orders of the commander of the
combatant command concerned and the defense strategy of
the Department of Defense;
(C) recommending to the commander of the combatant
command concerned any additional resources and
capabilities that the commander of such joint task
force determines necessary to achieve the mission of
such task force;
(D) providing better alignment and unity of effort
with other joint task forces within the combatant
command concerned or other unified combatant commands
that are performing related missions or addressing
similar threats;
(E) conducting engagements with foreign partners
from the area of responsibility of such task force that
are necessary to achieving the military mission of such
task force; and
(F) experimenting with new operational concepts and
developmental capabilities that the commander of such
task force considers essential to the mission of such
task force.
(e) Report.--Not later than September 1, 2018, the Secretary shall
submit to the congressional defense committees a report that includes,
for each plan developed under subsection (c) for purposes of the pilot
program, the following:
(1) A description of such plan.
(2) An assessment of the positive and negative effects of
such plan.
(3) A description of key factors that contributed to the
success or failure of such plan.
(4) Recommendations on whether, and in what manner, to
apply such plan to unified combatant commands not covered by
the pilot program.
SEC. 925. 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--Organization and Management of Other Department of Defense
Offices and Elements
SEC. 941. ORGANIZATIONAL STRATEGY FOR THE DEPARTMENT OF DEFENSE.
(a) Organizational Strategy Required.--
(1) In general.--Not later than July 20, 2017, the
Secretary of Defense shall formulate and issue to the
Department of Defense an organizational strategy for the
Department that--
(A) identifies the most important missions and
other organizational outputs for the Department,
including the manner in which capabilities for such
missions will be generated and objectives for such
outputs will be achieved;
(B) reforms the Office of the Secretary of Defense
and the manner in which it operates to support the
Secretary;
(C) improves management of relationships and
processes involving the Office of the Secretary of
Defense, the Joint Chiefs of Staff, the combatant
commands, the military departments, and the Defense
Agencies;
(D) improves and professionalizes the supervision
of the Defense Agencies; and
(E) improves support to the President and the
National Security Council in interagency processes and
deliberations.
(2) Objectives.--The objectives of the strategy shall be as
follows:
(A) To enable the Department to integrate the
expertise and capacities of the components of the
Department for effective and efficient achievement of
the missions of the Department.
(B) To enable the Department to focus on critical
missions that span multiple functional issues, to frame
competing and alternative courses of action, and to
make clear and effective strategic choices in a timely
manner to achieve such missions.
(C) To clarify responsibility and accountability in
the decision-making processes in the Department.
(D) To enable the Department to anticipate, adapt,
and innovate rapidly to changes in the threats facing
the United States, and to exploit the opportunities to
counter such threats offered by technological and
organizational advances.
(E) To improve the ability of the Department to
work effectively in interagency processes in order to
better serve the President and the National Security
Council and to better contribute to national security
missions.
(F) To achieve an organizational structure with
fewer layers of management and reduced levels of
staffing that performs better than the current
organizational structure of the Department.
(3) Impediments to be addressed.--The strategy shall
address, and seek to overcome, the following:
(A) Sequential, hierarchical planning and decision-
making processes oriented around functional
bureaucratic structures that are excessively parochial,
duplicative, resistant to integration, and result in
unclear, consensus-based outcomes that often constrain
the ability of the Department to achieve core missions
effectively and efficiently.
(B) Layering of management structures and processes
that result in decisions being made by higher levels of
management where the authority for cross-functional
integration exists but detailed substantive expertise
is often lacking or being reduced to lowest common
denominator recommendations to senior leaders that
suppress rather than resolve disputes across functional
organizations.
(C) Weak leadership skills and culture in the
Office of the Secretary of Defense.
(D) Misaligned incentives and a culture that
rewards bureaucratic parochialism and inertia, risk
avoidance, and the deferral or delay of decisions.
(4) Causes of impediments to be eliminated.--In connection
with the impediments specified in paragraph (3), the strategy
shall address, and seek to eliminate, the following:
(A) A noncollaborative culture within the
Department that lacks shared purpose and values.
(B) Risk aversion arising from fear of the
consequences of real or perceived failure, or from the
absence of positive or negative incentives to reduce
such risk aversion.
(C) Lack of viable alternative mechanisms for
achieving the integration of the functional components
of the Department and for aligning expertise and
decision-making authority at the most efficient levels
of management.
(5) Solutions.--In connection with the impediments
specified in paragraph (3) and the causes of such impediments
specified in paragraph (4), the strategy shall specify, and
seek to achieve, the following:
(A) Cross-functional teams to manage the major
missions and other high-priority outputs of the
Department that inherently cross functional boundaries
(in this section referred to as ``mission teams'').
(B) A collaborative, team-oriented, results-driven,
and innovative culture within the Department that
fosters an open debate of ideas and alternative courses
of action.
(C) A simplified organizational structure for the
Department with reduced layers of management and
increased spans of control.
(D) Streamlined processes designed to produce
improved performance in less time.
(b) Action in Support of Strategy.--During the period between the
date of the enactment of this Act and the appointment of the Secretary
of Defense first appointed in 2017, the current Secretary of Defense
shall take appropriate actions to assist the individual so appointed as
Secretary of Defense in the development and issuance of the
organizational strategy required by subsection (a).
(c) Mission Teams.--
(1) In general.--Not later than April 20, 2017, the
Secretary of Defense shall identify the missions, other high-
priority outputs, and important activities of the Department of
Defense for which mission teams and sub-teams shall be
established in the Department.
(2) Purposes.--The purposes of each mission team
established pursuant to this subsection shall be as follows:
(A) To produce comprehensive and fully integrated
policies, strategies, plans, resourcing, and oversight
for the mission or other priority output such team is
assigned to support, drawing upon the expertise and
capacities of all relevant functional components of the
Department.
(B) To supervise the implementation of approved
strategies with respect to such mission or other
output.
(3) Directive on teams.--Not later than May 20, 2017, the
Secretary shall issue a directive--
(A) on the role, authorities, reporting
relationships, resourcing, manning, and operations of
mission teams established pursuant to this subsection,
which directive shall specify that the mission teams
are decision-making organizations rather than advisory
bodies; and
(B) that provides clear direction that the leaders
of functional components of the Department that provide
personnel to such mission teams--
(i) may not interfere in the activities of
the mission team;
(ii) shall instruct personnel assigned to
teams to faithfully represent the views and
expertise of their functional components while
contributing to the best of their ability to
the success of the mission team concerned; and
(iii) shall be assessed for performance
review purposes according to their support to
and cooperation with mission teams interacting
with their components.
(4) Establishment.--The Secretary shall establish mission
teams, and any applicable subteams, to be established pursuant
to this subsection as follows:
(A) The first three teams, by not later than July
20, 2017.
(B) The second three teams, by not later than
October 20, 2017.
(C) Any remaining teams, by not later than January
20, 2018.
(5) Functions considered.--In establishing a mission team
pursuant to this subsection, the Secretary shall consider
representatives from the Office of the Secretary of Defense,
the Joint Staff, the military departments, and the Defense
Agencies in the functional areas of policy, strategy,
intelligence, budget, research and engineering, procurement and
services, manpower, logistics, cost assessment and program
evaluation, test and evaluation, legislative affairs, public
affairs, and any other functional area the Secretary considers
appropriate.
(6) Team personnel.--For each team established pursuant to
this subsection, the Secretary shall--
(A) designate as leader of such team a qualified
and experienced individual in a general or flag officer
grade, or a member of the Senior Executive Service, 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
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 the director of a Defense Agency;
(C) provide that the team leader has the authority
to obtain full-time support from team members, and to
co-locate all members of such team, as the team leader
considers appropriate;
(D) ensure that team members are properly trained
in teamwork, collaboration, conflict resolution, and
appropriately represent the views of their functional
components without inappropriately pursuing the
interests of their functional components; and
(E) make the team leader available to the
congressional defense committees to provide periodic
updates on the progress of such mission team.
(7) Team strategies and decision-making authority.--
(A) In general.--Each mission team established
pursuant to this subsection shall issue a charter and
strategy for such team to achieve objectives of such
team specified by the Secretary, for team training, to
specify metrics for evaluation of the achievement of
such objectives by such team, and to specify incentives
for the team and its members for the achievement of
such objectives by such team. The charter and strategy
shall not go into effect until approved by the
Secretary.
(B) Delegation of authority.--In approving the
charter and strategy of a mission team, the Secretary
shall delegate to the team such decision-making
authority as the Secretary considers appropriate in
order to permit the team to execute the strategy. The
delegation shall also specify the decision-making
authority with respect to the team and the strategy
that shall be retained by the Secretary.
(C) Scope of delegation.--Within the delegation
provided for pursuant to subparagraph (B), the leader
of a mission team shall have authority to draw upon the
resources of the functional components of the
Department and make decisions affecting such functional
components.
(D) Review.--The head of a functional component of
the Department may seek the review and modification by
the Secretary of any determination pursuant to
subparagraph (C) considered by the head of the
functional component to have, or have the potential to
have, an adverse impact on missions or capabilities of
the functional component.
(8) Review of mission teams.--Not later than 120 days after
the date of the appointment of the Secretary of Defense first
appointed in 2017, the Secretary of Defense shall complete an
analysis, with support from external experts in organizational
and management sciences, of successes and failures of mission
teams and determine how to apply the lessons learned from that
analysis.
(d) Collaborative Culture Within OSD.--
(1) Directive on purposes, values, and principles.--Not
later than April 20, 2017, the Secretary of Defense shall issue
a directive on shared purposes, values, and principles for the
operation of the Office of the Secretary of Defense that sets
forth a team-oriented, results-driven culture within the Office
to support missions and objectives of the Department of Defense
and cross-boundary collaboration within the Department.
(2) Directive on collaborative behavior.--Not later than
May 20, 2017, the Secretary shall issue a directive specifying
the collaborative behavior required of personnel of the Office
of the Secretary of Defense, including the prevailing behaviors
that the Secretary expects to be sustained and the behaviors
that the Secretary seeks to eliminate.
(3) Directive and other actions on collaboration.--Not
later than July 20, 2017, the Secretary shall--
(A) issue a directive describing the methods and
means to achieve a high degree of collaboration within
and between the Office of the Secretary of Defense and
the Joint Staff;
(B) require that cross-boundary collaboration
constitute 50 percent of the performance review
criteria for each official in such leadership positions
as the Secretary shall specify, including leaders of
mission teams and heads of functional components of the
Department within the Office of the Secretary of
Defense that provide personnel or other support to the
mission teams;
(C) for purposes of this subsection, provide for a
course of instruction in leadership, modern
organizational practice, collaboration, and the
functioning of mission teams described in subsection
(c) for personnel in the Office of the Secretary of
Defense who serve in positions in the Office pursuant
to an appointment by and with the advice and consent of
the Senate; and
(D) issue policy requiring successful service as
leader or a member of a mission team as a condition for
promotion in the Senior Executive Service above such
level as the Secretary shall specify in the directive.
(e) Streamlining of Organizational Structure and Processes of
OSD.--
(1) In general.--Not later than one year after the date of
the appointment of the Secretary of Defense first appointed in
2017, 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.
(2) Consultation and support.--In carrying out this
subsection, the Secretary shall consult with the Defense
Business Board, and shall enter into contracts with individuals
and entities outside Government with expertise in cross-
functional teams, organizational science, and private-sector
best practices to obtain advice regarding collaboration across
functional boundaries to achieve critical organizational
objectives.
(3) Report.--Not later than the date on which the Secretary
commences actions under this subsection, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
House of Representatives a report setting forth a description
of the actions the Secretary proposes to take under this
subsection. If legislative action is required in connection
with the taking of any such action, the report shall include
recommendations for such legislative action.
(f) Training for Individuals Nominated for Appointment for OSD
Positions Confirmed by Senate.--
(1) In general.--An individual may not be nominated to a
position in the Office of the Secretary of Defense appointable
by and with the advice and consent of the Senate unless the
individual has successfully completed a course of instruction
in leadership, modern organizational practice, collaboration,
and the operation of mission teams described in subsection (c).
(2) Waiver.--The President may waive the limitation in
paragraph (1) with respect to an individual if the Secretary of
Defense 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.--
(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. 942. DEPARTMENT OF DEFENSE MANAGEMENT OVERVIEW BY THE SECRETARY 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 provided
in subsection (b), a report on the management of the Department of
Defense that includes, current as of the date of such report, the
following:
(1) Human capital strategy.--A human capital strategy to
address the manner in which the Department of Defense civilian
workforce is to be managed during the five-year period
beginning on the date of the report, including an assessment of
the mix of military, civilian, and contractor personnel
required across the Department by function.
(2) Personnel cost savings targets.--In coordination with
the Secretaries of the military departments, savings targets
for personnel costs during the period of the most current
future-years defense program under section 221 of title 10,
United States Code, which targets--
(A) shall be applied across the entire Department
based on individual mission requirements, and may not
be percentage targets for each organization within the
Department;
(B) shall use cost and function as barometers of
cost savings targets, and may not achieve cost savings
by billets or raw numbers of personnel in an attempt to
manage and optimize a functional mix of senior, mid-
career, and entry-level personnel rather than preserve
an unbalanced and top-heavy upper-echelon staff based
upon tenure alone.
(3) Elimination of functions.--A plan to eliminate
unnecessary or redundant functions within each component of the
Department.
(4) Force management authorities.--Recommendations for
legislative actions for force management and shaping
authorities to achieve the savings targets specified pursuant
to paragraph (3) and the elimination of functions planned
pursuant to paragraph (4), which authorities shall focus on
rewarding talent, managing, hiring, and divestiture of
employees, and professional development of employees.
(5) Delayering organizations.--A process for delayering
headquarters organizations across the Department, beginning
with the Office of the Secretary of Defense and the Joint Staff
and subsequently including the Defense Agencies, the combatant
commands, and the Armed Forces, which process shall include--
(A) a description of low-priority or redundant
functions to be eliminated and of any organizations to
be consolidated;
(B) appropriate plans and charts for the
reorganization of such headquarters that reflect and
depict the new headquarters structure as a result of
the process; and
(C) plans and mechanisms to oversee, incentivize,
and reward cross-functional teams.
(b) Deadlines.--The deadlines for the submittal of reports under
subsection (a) are December 1, 2017, and December 1 of each year
thereafter though 2022.
SEC. 943. MODIFICATION OF COMPOSITION AND MISSION OF JOINT REQUIREMENTS
OVERSIGHT COUNCIL.
(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.--The Joint Requirements Oversight Council shall--
``(1) assist the Chairman of the Joint Chiefs of Staff--
``(A) in assessing joint military capabilities to
meet applicable requirements in the national defense
strategy under section 118 of this title;
``(B) in identifying gaps in joint military
capabilities, including gaps that could be filled by
force-specific military capabilities or the
modification of force-specific military capabilities;
``(C) in establishing requirements for new joint
military capabilities based on advances in technology
and concepts of operation;
``(D) in approving and prioritizing joint military
capability requirements or the modification of force-
specific military capabilities needed to address gaps
in joint military capabilities;
``(E) in validating proposed materiel capabilities,
non-materiel capabilities, or both to fulfill approved
joint military capability requirements;
``(F) in ensuring interoperability, where
appropriate, of joint military capabilities and between
and among joint military capabilities and force-
specific military capabilities; and
``(G) in ensuring that appropriate trade-offs are
made among life-cycle cost, schedule, performance
objectives, and procurement quantity objectives in the
establishment and approval of joint military capability
requirements in consultation with the advisors
specified in subsection (d);
``(2) assist the Chairman, in consultation with the
advisors to the Council under subsection (d), in reviewing the
estimated level of resources required in to fulfill each
approved joint military capability requirement and in ensuring
that the total cost of such resources is consistent with the
level of priority assigned to such requirement;
``(3) assist acquisition officials in 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;
and
``(4) assist the Chairman, in consultation with the
commanders of the combatant commands and the Under Secretary of
Defense for Research and Engineering, in establishing an
objective for the overall period of time within which an
initial operational capability should be delivered to meet each
approved joint military capability requirement.
``(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
for making recommendations about joint military
capabilities or the modification of force-specific
military capabilities to meet joint military capability
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) Recommendations.--In making any recommendation to the
Chairman as described in paragraph (1)(A), the Vice Chairman
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 Research
and Engineering.
``(D) The Director of Cost Assessment and Program
Evaluation.
``(E) The Director of Operational Test and
Evaluation.
``(F) 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) and in conducting periodic reviews in
accordance with the requirements of subsection (g).
``(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 trade-offs among cost,
schedule, technical feasibility, and performance in approving
and prioritizing joint military capability requirements or the
modification of force-specific military capabilities under
subsection (b)(1)(D) and in the balancing of resources with
priorities pursuant to subsection (b)(2).
``(e) Force-specific Military Capability Requirements.--
``(1) Requirements as responsibility of armed force.--The
Chief of Staff of an armed force is responsible for all force-
specific military capability requirements for that armed force.
Except as provided pursuant to paragraph (2), a force-specific
military capability requirement does not need to be validated
by the Joint Requirements Oversight Council before an
acquisition program to meet such requirement may commence.
``(2) Exception.--The following force-specific military
capability requirements shall be subject to oversight by the
Council:
``(A) A force-specific military capability
requirement designated by the Chairman of the Joint
Chiefs of Staff for purposes of this paragraph, after a
review conducted by the Chairman for purposes of this
subsection.
``(B) A force-specific military capability
requirement described by subparagraph (B), (C), or (F)
of subsection (b)(1).
``(C) A force-specific military capability
requirement that is addressed by a major defense
acquisition program.
``(f) Analytic Support From Director of Cost Assessment and Program
Evaluation.--The Director of Cost Assessment and Program Evaluation
shall provide resources and expertise in operations research and
systems analysis, and cost estimation, to the Joint Requirements
Oversight Council to assist the Council in assessing trade-offs between
cost, schedule, performance, and procurement quantity in the
identification, establishment, and approval of joint military
capability requirements.
``(g) Periodic Reviews of Core Missions of DoD.--The Joint
Requirements Oversight Council shall conduct periodic reviews of joint
military capability requirements within a core mission area of the
Department of Defense. In any such review of a core mission area, the
officer or official assigned to lead the review shall have a deputy
from a different military department.
``(h) 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.
``(i) Definitions.--In this section:
``(1) The term `military capability requirement' means a
materiel or non-materiel capability necessary to fulfill a gap
in joint or force-specific military capabilities in support of
the national defense strategy.
``(2) The term `major defense acquisition program' has the
meaning given that term in section 2430 of this title.
``(3) 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) Milestone Approvals.--
(1) Milestone a.--Section 2366a of title 10, United States
Code, is amended--
(A) in subsection (b), in the subsection heading,
by striking ``Written'' and inserting ``Milestone
Decision Authority Written'';
(B) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(C) by inserting after subsection (b) the following
new subsection:
``(c) Chairman of the Joint Chiefs of Staff Written Determination
Required.--A major defense acquisition program or subprogram may not
receive Milestone A approval or otherwise be initiated prior to
Milestone B approval until the Chairman of the Joint Chiefs of Staff
determines in writing that the program or subprogram--
``(1) complies with applicable interoperability
requirements established pursuant to section 181(b)(1)(F) of
this title; and
``(2) is an appropriate use of resources that will
effectively meet the future needs of the commanders of the
combatant commands.''.
(2) Milestone b.--Section 2366b of title 10, United States
Code, is amended--
(A) by redesignating subsections (g) as subsection
(h); and
(B) by inserting after subsection (f) the following
new subsection:
``(g) Chairman of the Joint Chiefs of Staff Written Determination
Required.--A major defense acquisition program may not receive
Milestone B approval until the Chairman of the Joint Chiefs of Staff
determines in writing that the program--
``(1) complies with applicable interoperability
requirements established pursuant to section 181(b)(1)(F) of
this title; and
``(2) is an appropriate use of resources that will
effectively meet the future needs of the commanders of the
combatant commands.''.
SEC. 944. 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, 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. 945. MANAGEMENT OF DEFENSE CLANDESTINE HUMAN INTELLIGENCE
COLLECTION.
(a) Actions Supporting Decision on Management of Clandestine Human
Intelligence Collection.--
(1) In general.--The Secretary of Defense shall, in
coordination with the Director of National Intelligence,
undertake actions to support a decision on whether--
(A) to maintain a separate clandestine human
intelligence (HUMINT) collection capability within the
Defense Intelligence Agency; or
(B) to consolidate clandestine human intelligence
collection within the Directorate of Operations of the
Central Intelligence Agency.
(2) Particular actions.--These actions undertaken under
paragraph (1) shall include the pilot program required by
subsection (b) and the assessment required by subsection (c).
(b) Pilot Program on Military Division Within Directorate of
Operations.--
(1) In general.--The Secretary of Defense shall, in
coordination with the Director of National Intelligence and the
Director of the Central Intelligence Agency, carry out a pilot
program to assess the feasability and advisability of
establishing a military division within the Directorate of
Operations of the Central Intelligence Agency.
(2) Elements.--
(A) In general.--The pilot program shall consist of
the following elements:
(i) Members of the Armed Forces and
civilian employees of the Department of Defense
who are trained to be human intelligence case
officers (in this paragraph referred to as
``Department of Defense case officers'') shall
be detailed to, and supported by, the
Directorate of Operations.
(ii) An officer of the Armed Forces shall
serve as the deputy director of the Director of
Operations for the military division under the
pilot program, in which capacity the officer
shall direct the activities of the Department
of Defense case officers and rate their
performance.
(iii) The Department of Defense case
officers, and any support personnel, detailed
under the pilot program shall be drawn from the
available pool of Defense Clandestine Service
military and civilian billets and personnel for
fiscal year 2017 or 2018, as applicable, and
shall not be in addition to any personnel
planned for the Defense Clandestine Service in
the budget of the President for such fiscal
year submitted to Congress pursuant to section
1105 of title 31, United States Code.
(iv) The Department of Defense case
officers detailed under the pilot program shall
be primarily assigned to collect human
intelligence in support of Department of
Defense requirements, with particular focus on
collection on intelligence relating to science
and technology.
(v) The information collected by the
Department of Defense case officers detailed
under the pilot program in support of
Department requirements shall be made promptly
and directly available to the Department.
(B) Duration.--The pilot program shall run for such
period as the Secretary considers appropriate, but less
than three years.
(c) Assessment of Pilot Program.--The Secretary of Defense and the
Director of National Intelligence shall jointly conduct an assessment
of the pilot program under subsection (b). The assessment shall address
the following:
(1) Whether institutional and procedural safeguards are
available to ensure that the Department of Defense can rely on
the Directorate of Operations of the Central Intelligence
Agency to support the human intelligence collection
requirements of the Department.
(2) Whether a high ratio of support personnel to deployed
case officers in the Directorate of Operations translates into
more productive collection of human intelligence when compared
with a model of a lower ratio of support personnel to deployed
case officers (as proposed by the Director of the Defense
Intelligence Agency for the Defense Clandestine Service).
(3) Whether a consolidated clandestine human intelligence
collection organization charged with meeting the needs of the
Department and the intelligence community provides a more
effective and efficient solution than two organizations, one
serving within the Department and the other serving within the
Central Intelligence Agency.
(4) Whether it is more effective and efficient to provide
support and perform oversight of the consolidated organization
described in paragraph (3) through the Directorate of
Operations or the Defense Intelligence Agency.
(5) Whether a permanent military division within the
Directorate of Operations should be funded within the Military
Intelligence Program (MIP) or the National Intelligence Program
(NIP).
(d) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall jointly submit to the
appropriate committees of Congress a report on the actions
taken to implement the pilot program required by subsection
(b).
(2) Final report.--Not later than three years after the
date of the enactment of this Act, the Secretary and the
Director shall jointly submit to the appropriate committees of
Congress a report on the actions taken under this section. The
report shall include the following:
(A) A description of the pilot program under
subsection (b).
(B) The elements of the assessment under subsection
(c).
(C) The joint decision of the Secretary and the
Director under subsection (a) on whether--
(i) to maintain a separate clandestine
human intelligence collection capability within
the Defense Intelligence Agency; or
(ii) to consolidate clandestine human
intelligence collection within the Directorate
of Operations of the Central Intelligence
Agency.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 946. 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 is amended by striking the item relating to
section 185.
SEC. 947. 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) Requirement for director to be member of senior
executive service or general or flag officer.--Such section is
further amended by adding at the end the following new
sentence: ``The Director shall be a member of the Senior
Executive Service or a general officer or flag officer.''.
(3) 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''.
(4) Conforming amendment.--Section 131(b)(7)(F) of such
title is amended by striking ``Director of Family Policy'' and
inserting ``Director of Military Family Readiness Policy''.
(5) Heading and clerical amendments.--
(A) Section heading.--The heading of section 1781
of such title is amended to read as follows:
``Sec. 1781. Office of Military Family Readiness Policy''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 88 of such title 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 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. Office of Special Needs''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 88 of such title is amended by
striking the item relating to section 1781c and
inserting the following new item:
``1781c. Office of Special Needs.''.
SEC. 948. PILOT PROGRAMS ON WAIVER OF APPLICABILITY OF RULES AND
REGULATIONS TO DEPARTMENT OF DEFENSE SCIENCE AND
TECHNOLOGY REINVENTION LABORATORIES AND DARPA TO IMPROVE
OPERATIONS AND PERSONNEL MANAGEMENT.
(a) Pilot Programs Authorized.--The director of a Department of
Defense science and technology reinvention laboratory and the Director
of the Defense Advanced Research Projects Agency may carry out a pilot
program to assess the feasability and advisability of enhancing
operations and personnel management of such laboratory or Agency
through the waiver of one or more regulations, instructions,
publications, policies, or procedures of the Department of Defense or a
military department otherwise applicable to such laboratory or the
Defense Advanced Research Projects Agency. A provision of statutory law
may not be waived under such a pilot program.
(b) Priority in Waiver of Rules and Regulations on Operations and
Personnel Management.--In carrying out a pilot program under subsection
(a), the director of a Department of Defense science and technology
reinvention laboratory or the Director of the Defense Advanced Research
Projects Agency shall place priority on the waiver of regulations,
instructions, publications, policies, or procedures relating to the
operations and personnel management of the laboratory concerned or the
Defense Advanced Research Projects Agency, as applicable, including
regulations, instructions, publications, policies, or procedures
relating to the following:
(1) Facilities management, construction, and repair.
(2) Business operations.
(3) Human resources.
(4) Public outreach.
(c) Waiver Justification.--
(1) DoD laboratories.--The director of a Department of
Defense science and technology laboratory proposing to grant a
waiver under a pilot program under subsection (a) shall submit
to the Secretary of the military department concerned and the
General Counsel of that military department a justification for
the waiver, including the matters specified in paragraph (3).
(2) DARPA.--The Director of the Defense Advanced Research
Projects Agency shall submit to the Chief Management Officer of
the Department of Defense and the General Counsel of the
Department of Defense a justification for each waiver proposed
to be issued by the Director under a pilot program under
subsection (a), including the matters specified in paragraph
(3).
(3) Waiver justification matters.--The matters to be
included in the justification for a waiver under this
subsection are the following:
(A) The regulation, instruction, publication,
policy, or procedure to be waived.
(B) The unit or activity to be affected by the
waiver.
(C) The anticipated duration of the waiver.
(D) An assessment of the anticipated monetary or
operational benefits of the waiver.
(E) A legal review of the waiver by--
(i) in the case of a waiver covered by
paragraph (1), a senior legal officer of the
laboratory concerned; or
(ii) in the case of a waiver covered by
paragraph (2), a senior legal officer of the
Defense Advanced Research Projects Agency.
(d) Waiver Effectiveness.--
(1) DoD laboratories.--A waiver proposed for a Department
of Defense science and technology laboratory under a pilot
program under subsection (a) shall go into effect at the end of
the 30-day period beginning on the date of the receipt by the
Secretary of the military department concerned of the
justification for the waiver under subsection (c)(1), unless
the Secretary disapproves the waiver during that period. The
Secretaries of the military departments shall have sole
discretion to disapprove waivers for purposes of pilot programs
under subsection (a), subject to the direction of the Secretary
of Defense.
(2) DARPA.--A waiver proposed for the Defense Advanced
Research Projects Agency under a pilot program under subsection
(a) shall go into effect at the end of the 30-day period
beginning on the date of the receipt by the Chief Management
Officer of the Department of Defense of the justification for
the waiver under subsection (c)(2), unless the Chief Management
Officer, in the Chief Management Officer's sole discretion,
disapproves the waiver during that period.
(3) Considerations.--In considering whether or not to
disapprove a waiver pursuant to this subsection, the
Secretaries of the military departments and the Chief
Management Officer shall take into account whether the waiver
will enhance the operations or personnel management of the
laboratory concerned or the Defense Advanced Research Projects
Agency, as applicable.
(e) Department of Defense Science and Technology Reinvention
Laboratory Defined.--In this section, the term ``Department of Defense
science and technology reinvention laboratory'' means a laboratory
specified in section 1105(a) of the National Defense Authorization Act
for Fiscal Year 2010 (10 U.S.C. 2358 note).
(f) Termination.--
(1) In general.--The authority to grant waivers under
subsection (a) shall expire on December 31, 2023.
(2) Continuation of prior waivers.--Nothing in paragraph
(1) shall act to terminate a waiver granted under subsection
(a) before the date specified in paragraph (1). Any such waiver
may continue according to its terms unless otherwise terminated
by the Secretary of the military department concerned or the
Chief Management Officer of the Department of Defense, as
applicable.
SEC. 949. 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) 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 D--Whistleblower Protections for Members of the Armed Forces
SEC. 961. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCEDURES.
(a) Actions Treatable as Prohibited Personnel Actions.--Paragraph
(2) of subsection (b) of section 1034 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 the threat to take any
unfavorable action, the withholding or threat to withhold any favorable
action, making or threatening to make a significant change in the
duties or responsibilities of a member of the armed forces not
commensurate with the member's grade, a retaliatory investigation, and
the failure of a superior to respond to retaliatory action or
harassment by one or more subordinates taken against a member of which
the superior knew or should have known.
``(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 for
making a protected communication.
``(C) Nothing in this paragraph shall be construed to limit the
ability of a commander to consult with a superior in the chain of
command, an inspector general, or a judge advocate general on the
disposition of a complaint against a member of the armed forces for an
allegation of collateral misconduct or for a matter unrelated to a
protected communication. Such consultation shall provide an affirmative
defense against an allegation that a member requested, directed,
initiated, or conducted a retaliatory investigation under this
section.''.
(b) Action in Response to Hardship in Connection With Personnel
Actions.--
(1) In general.--Subsection (c)(4) of such section is
amended--
(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 there are reasonable
grounds to believe that 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.''.
(2) Conforming amendment.--Subsection (e)(1) of such
section is amended 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 subsection (e) of such section 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 subsection (g) of such
section is amended to read as follows:
``(2) In resolving an application described in paragraph (1) for
which there is a report of the Inspector General under subsection
(e)(1), a correction board--
``(A) shall review the report of the Inspector General;
``(B) may request the Inspector General to gather further
evidence;
``(C) may receive oral argument, examine and cross-examine
witnesses, and take depositions; and
``(D) shall consider a request by a member or former member
in determining whether to hold an evidentiary hearing.''.
(e) Uniform Standards for Inspector General Investigations of
Prohibited Personnel Actions and Other Matters.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Inspector General of the
Department of Defense shall prescribe uniform standards for the
following:
(A) The investigation of allegations of prohibited
personnel actions under section 1034 of title 10,
United States Code (as amended by this section), by the
Inspector General and the Inspectors General of the
military departments.
(B) The training of the staffs of the Inspectors
General referred to in subparagraph (A) on the conduct
of investigations described in that subparagraph.
(2) Use.--Commencing 180 days after prescription of the
standards required by paragraph (1), the Inspectors General
referred to in that paragraph shall comply with such standards
in the conduct of investigations described in that paragraph
and in the training of the staffs of such Inspectors General in
the conduct of such investigations.
SEC. 962. MODIFICATION OF WHISTLEBLOWER PROTECTION AUTHORITIES TO
RESTRICT CONTRARY FINDINGS OF PROHIBITED PERSONNEL ACTION
BY THE SECRETARY CONCERNED.
(a) In General.--Section 1034(f) of title 10, United States Code,
is amended--
(1) in the subsection heading, by striking ``Violations''
and inserting ``Substantiated Violations''; and
(2) in paragraph (1), by striking ``there is sufficient
basis'' and all that follows and inserting ``corrective or
disciplinary action should be taken. If the Secretary concerned
determines that corrective or disciplinary action should be
taken, the Secretary shall take appropriate corrective or
disciplinary action.''.
(b) Actions Following Determinations.--Paragraph (2) of such
section is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``the Secretary concerned
determines under paragraph (1)'' and inserting ``the
Inspector General determines''; and
(B) by striking ``the Secretary shall'' and
inserting ``the Secretary concerned shall'';
(2) in subparagraph (A), by inserting ``, including
referring the report to the appropriate board for the
correction of military records'' before the semicolon; and
(3) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) submit to the Inspector General a report on the
actions taken by the Secretary pursuant to this paragraph, and
provide for the inclusion of a summary of the report under this
subparagraph (with any personally identifiable information
redacted) in the semiannual report to Congress of the Inspector
General of the Department of Defense or the Inspector General
of the Department of Homeland Security, as applicable, under
section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to reports received by the Secretaries of the military
departments and the Secretary of Homeland Security under section
1034(e) of title 10,United States Code, on or after that date.
SEC. 963. 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) Judicial Review of Determinations of Boards.--Paragraph (4) of
such section is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated, by inserting
``or subject to review or appeal as described in subparagraph
(B)'' after ``Except when procured by fraud''; and
(3) by adding at the end the following new subparagraph:
``(B) A claimant may seek judicial review of a determination of a
board under this section in an appropriate court of the United States.
The scope of judicial review under this subparagraph shall be as
specified in section 706 of title 5.''.
(c) 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.''.
(d) Training of Members of Boards.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall
develop and implement a comprehensive training curriculum for
members of boards for the correction of military records under
the jurisdiction of such Secretary in the duties of such boards
under section 1552 of title 10, United States Code. The
curriculum shall address all areas of administrative law
applicable to the duties of such boards.
(2) Uniform curricula.--The Secretary of Defense and the
Secretary of Homeland Security shall jointly ensure that the
curricula developed and implemented pursuant to this subsection
are, to the extent practicable, uniform.
(3) Training.--
(A) In general.--Each member of a board for the
correction of military records shall undergo retraining
(consistent with the curriculum developed and
implemented pursuant to this subsection) regarding the
duties of boards for the correction of military records
under section 1552 of title 10, United States Code, at
least once every five years during the member's tenure
on the board.
(B) Current members.--Each member of a board for
the correction of military records as of the date of
the implementation of the curriculum required by
paragraph (1) (in this paragraph referred to as the
``curriculum implementation date'') shall undergo
training described in subparagraph (A) not later than
90 days after the curriculum implementation date.
(C) New members.--Each individual who becomes a
member of a board for the correction of military
records after the curriculum implementation date shall
undergo training described in subparagraph (A) by not
later than 90 days after the date on which such
individual becomes a member of the board.
(4) Reports.--Not later than 18 months after the date of
the enactment of this Act, each Secretary concerned shall
submit to Congress a report setting forth the following:
(A) A description and assessment of the progress
made by such Secretary in implementing training
requirements for members of boards for the correction
of military records under the jurisdiction of such
Secretary.
(B) A detailed description of the training
curriculum required of such Secretary by paragraph (1).
(C) A description and assessment of any impediments
to the implementation of training requirements for
members of boards for the correction of military
records under the jurisdiction of such Secretary.
(5) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' means a ``Secretary concerned'' as
that term is used in section 1552 of title 10, United States
Code.
SEC. 964. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF INTEGRITY
OF DEPARTMENT OF DEFENSE WHISTLEBLOWER PROGRAM.
(a) Report Required.--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 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--Other Matters
SEC. 971. MODIFICATION OF REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF
THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES LISTED AS MISSING.
(a) Limitation of DPAA 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 in paragraphs (1), (2), and (3) by
striking ``designated Agency Director'' 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. 972. 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);
``(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. 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 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
(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. 973. ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF DEFENSE
PERSONNEL AND INNOVATION INITIATIVES.
(a) Enhancement of Security Programs Generally.--
(1) Personnel background and security investigations
required.--The Secretary of Defense shall take such actions as
may be necessary for the Defense Security Service to conduct,
before October 1, 2017, background investigations for personnel
of the Department of Defense whose investigations are
adjudicated by the Consolidated Adjudication Facility of the
Department.
(2) 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
and carry out a plan to transfer Government investigative
personnel and contracted resources to the Department in
proportion to the background and security investigative
workload to be assumed by the Department.
(3) Report.--Not later than August 15, 2016, 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 will be required
by the Defense Security Service to carry out this section.
(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 of
Defense collect, store, and retain information from the
following:
(A) Personnel security.
(B) Physical security.
(C) Information security.
(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) 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 deems 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 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.
(c) Reciprocity for Sensitive National Security Positions.--
(1) Reciprocity directive.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
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.
(2) Implementation directives.--The Secretary of Defense,
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.
(d) Insider Threat Defined.--In this section, the term ``insider
threat'' means, with respect to the Department, a threat presented by a
person who--
(1) has, or once had, authorized access to information, a
facility, a network, a person, or a resource of the Department;
and
(2) wittingly, or unwittingly, commits--
(A) 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
(B) a destructive act, which may include physical
harm to another in the workplace.
TITLE X--GENERAL PROVISIONS
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
$4,000,000,000.
(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. 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 as soon as practicable information
technology services, including non-relational database, data analysis,
and data integration platforms, to improve preparation of auditable
financial statements for the Department of Defense.
(b) Use of Funding and Resources.--The Secretary of Defense shall
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. 1003. SENSE OF SENATE ON SEQUESTRATION.
It is the sense of the Senate that--
(1) the fiscal challenges of the Nation are a top priority
for Congress, and sequestration--nonstrategic, across-the-board
budget cuts--remains an unreasonable and inadequate budgeting
tool to address the deficits and debt of the United States;
(2) sequestration relief must be accomplished for fiscal
years 2018 through 2021, the remaining years of the
discretionary spending caps under the Budget Control Act of
2011;
(3) sequestration relief should include both defense and
nondefense relief; and
(4) sequestration relief should be offset through targeted
changes in mandatory and discretionary spending and revenues.
Subtitle B--Counter-Drug Activities
SEC. 1006. CODIFICATION AND MODIFICATION OF AUTHORITY TO PROVIDE
SUPPORT FOR COUNTER-DRUG 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. Support for counter-drug activities and activities to
counter transnational organized crime
``(a) Support to Other Agencies.--The Secretary of Defense may
provide support for the counter-drug 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 that has
counter-drug 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
``(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 counter-drug
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 counter-drug 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) Counter-drug 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.--The
purposes for which the Secretary may provide support under subsection
(a) for foreign law enforcement agencies are the following:
``(1) 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 counter-drug
activities or activities to counter transnational organized
crime within or outside the United States.
``(2) The establishment (including an unspecified minor
military construction project) and operation of bases of
operations or training facilities for the purpose of
facilitating counter-drug activities or activities to counter
transnational organized crime of a foreign law enforcement
agency outside the United States.
``(d) Limitation on Counter-drug Requirements.--The Secretary may
not limit the requirements for which support may be provided under
subsection (a) only to critical, emergent, or unanticipated
requirements.
``(e) 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.
``(f) 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.
``(g) 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.
``(h) Relationship to Other Support Authorities.--
``(1) Additional authority.--The authority provided in this
section for the support of counter-drug 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.
``(i) Congressional Notification of Facilities Projects.--
``(1) In general.--When a decision is made to carry out a
military construction project described in paragraph (2), the
Secretary shall submit to the congressional defense committees
written notice of the decision, including the justification for
the project and the estimated cost of the project. The project
may be commenced only after the end of the 21-day period
beginning on the date on which the written notice is received
by Congress.
``(2) Covered projects.--Paragraph (1) applies to an
unspecified minor military construction project that--
``(A) is intended for the construction,
modification, or repair of any facility for the
purposes set forth in subsection (b)(4) or (c)(2); and
``(B) has an estimated cost of more than $250,000.
``(3) Construction of notice requirement.--This subsection
may not be construed as an authorization for the use of funds
for any military construction project that would exceed the
approved cost limitations of an unspecified minor military
construction project under section 2805(a)(2) of this title.
``(j) Definitions.--In this section:
``(1) The term `Indian tribe' means a Federally recognized
Indian tribe.
``(2) 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.
``(3) The term `tribal law enforcement agency' means the
law enforcement agency of a tribal government.
``(4) 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 is amended by adding at
the end the following new item:
``384. Support for counter-drug 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. 1007. 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 ``2021''; and
(2) in subsection (c), by striking ``2017'' and inserting
``2021''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1011. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
CRUISERS OR DOCK LANDING SHIPS.
(a) Limitation on Availability of Funds.--Except as provided in
subsections (b) through (g), none of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 may be obligated or expended to retire, prepare to retire, or
inactivate a TICONDEROGA-class cruiser, WHIDBEY ISLAND-class dock
landing ship, or HARPERS FERRY-class dock landing ship.
(b) Certification of Requirement for Operational Cruisers and Dock
Landing Ships.--The Chief of Naval Operations shall certify to the
congressional defense committees the Navy requirement for operational
cruisers and dock landing ships, as provided under subsection (d)(1),
from fiscal year 2017 through fiscal year 2030. The certification shall
also state the requirement for basic (BMD 3.X), intermediate (BMD 4.X),
and advanced (BMD 5.X) ballistic missile defense capability on
operational cruisers from fiscal year 2017 through fiscal year 2030.
(c) Ship Modernization, Operations, and Sustainment Fund (SMOSF).--
Funds within the Ship Modernization, Operations, and Sustainment Fund
(SMOSF) shall only be used for 11 TICONDEROGA-class cruisers (CG-63
through CG-73) and 3 WHIDBEY ISLAND-class dock landing ships (LSD-41,
LSD-42, and LSD-46).
(d) Phased Modernization.--The Secretary of the Navy shall retain
the current inventory of 22 TICONDEROGA-class cruisers and 12 WHIDBEY
ISLAND- or HARPERS FERRY-class dock landing ships until the end of
their service lives, as follows:
(1) Operational forces.--Through fiscal year 2030, the Navy
shall maintain not less than the Chief of Naval Operations'
requirement for operational cruisers certified under subsection
(b) or 11 operational cruisers, whichever is greater. The Navy
shall maintain no less than the Chief of Naval Operations'
requirement for dock landing ships certified under subsection
(b) or 9 operational dock landing ships, whichever is greater.
(2) Phased modernization.--The Navy is authorized to
conduct phased modernization of not more than 11 cruisers and 3
dock landing ships. During the phased modernization period, the
Navy may reduce manning on these ships to the minimal level
necessary to ensure safety and security of the ship and to
retain critical skills. Only the ships listed in subsection (c)
may undergo phased modernization. Ships undergoing phased
modernization shall comply with subsection (e).
(3) Transition from phased modernization to operational
forces.--Each of the cruisers described under paragraph (1) may
be decommissioned at the end of its service life concurrent
with being replaced by a cruiser that completes phased
modernization pursuant to paragraph (2). After being
reintroduced into the operational fleet, each of the cruisers
modernized pursuant to paragraph (2) may be decommissioned upon
reaching its expected service life.
(4) Availability for worldwide deployment.--For purposes of
this subsection, an operational cruiser or dock landing ship is
available for worldwide deployment other than during routine or
scheduled maintenance or repair.
(e) Requirements and Limitations on Phased Modernization.--
(1) In general.--During the period of phased modernization
authorized under subsection (d), the Secretary of the Navy
shall--
(A) continue to maintain the ships in a manner that
will ensure the ability of the ships to re-enter the
operational fleet in accordance with paragraph (3) of
such subsection;
(B) conduct planning activities to ensure scheduled
and deferred maintenance and modernization work items
are identified and included in maintenance availability
work packages;
(C) conduct hull, mechanical, and electrical (HM&E)
and combat system modernization necessary to achieve a
service life of 40 years;
(D) conduct basic (BMD 3.X), intermediate (BMD
4.X), and advanced (BMD 5.X) ballistic missile defense
capability upgrades to meet or exceed the Chief of
Naval Operations' requirement certified under
subsection (b); and
(E) complete maintenance and modernization of the
cruisers, including required testing and crew training,
to allow for a one-for-one replacement of operational
cruisers in accordance with subsection (d)(3).
(2) Restricted activities.--During the period of phased
modernization authorized under subsection (d), the Secretary of
the Navy may not--
(A) permit removal or cannibalization of equipment
or systems, unless planned for full replacement or
upgrade during phased modernization, other than
equipment or systems explicitly identified as--
(i) rotatable pool equipment; or
(ii) necessary to support urgent
operational requirements approved by the
Secretary of Defense;
(B) make any irreversible modifications that will
prohibit the ship from re-entering the operational
fleet;
(C) through fiscal year 2030, reduce the quantity
of operational cruisers below the number certified to
be required by the Chief of Naval Operations under
subsection (b) or 11 operational cruisers, whichever is
greater;
(D) through fiscal year 2030, reduce the quantity
of operational dock landing ships below the number
certified to be required by the Chief of Naval
Operations under subsection (b) or 9 operational dock
landing ships, whichever is greater; and
(E) through fiscal year 2030, reduce the basic,
intermediate, or advanced ballistic missile defense
capability on operational cruisers below the quantities
certified to be required by the Chief of Naval
Operations under subsection (b).
(f) Report Required.--The Secretary of the Navy shall submit to the
congressional defense committees an annual report on the status of the
phased modernization program. This report shall accompany the budget of
the President submitted to Congress under section 1105(a) of title 31,
United States Code. The report shall include, with respect to the ships
undergoing phased modernization pursuant to subsection (d)(2), the
following information:
(1) The status of modernization efforts, by vessel,
including availability schedules, equipment procurement
schedules, and annual funding requirements from the fiscal year
of induction into the phased modernization program through the
fiscal year of planned re-entry into the operational fleet.
(2) Each vessel's current readiness, operational, and
manning status.
(3) An assessment of each vessel's current materiel
condition.
(4) A list of rotatable pool equipment that is identified
across the classes of cruisers and dock landing ships as
necessary to support operations on a continuing basis.
(5) A list of equipment, other than rotatable pool
equipment, removed from each vessel, including a justification
for the removal, the disposition of the equipment, and plan for
restoration of the equipment.
(6) A list of planned obligations and expenditures, by
vessel, for the fiscal year of the budget of the President
submitted to Congress.
(g) Notification Required.--The Secretary of the Navy shall notify
the congressional defense committees in writing 30 days prior to
executing any deviations to the plans provided pursuant to paragraphs
(1) and (6) of subsection (f) of the most recent report required under
such subsection.
SEC. 1012. 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
countermeasures operational requirements currently being met by
the AVENGER-class ships and SEA DRAGON helicopters.
Subtitle D--Counterterrorism
SEC. 1021. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1031 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 968) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
SEC. 1022. EXTENSION OF 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.
Section 1032(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 968) is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2017''.
SEC. 1022A. PROHIBITION ON REPROGRAMMING REQUESTS FOR FUNDS FOR
TRANSFER OR RELEASE, OR CONSTRUCTION FOR TRANSFER OR
RELEASE, OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
While the prohibitions in sections 1031 and 1032 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 968) are in effect, the Department of Defense may not submit to
Congress a reprogramming request for funds to carry out any action
prohibited by either such section.
SEC. 1023. DESIGNING AND PLANNING RELATED TO CONSTRUCTION OF CERTAIN
FACILITIES IN THE UNITED STATES.
(a) Designing and Planning Authorized.--Notwithstanding any
provision of law limiting the use of funds for the construction or
modification of facilities in the United States or its territories or
possessions to house individuals detained at Guantanamo, the Secretary
of Defense may use amounts authorized to be appropriated or otherwise
made available for the Department of Defense for designing and planning
related to the construction or modification of such facilities.
(b) Individual Detained at Guantanamo Defined.--In this section,
the term ``individual detained at Guantanamo'' means an individual
located at United States Naval Station, Guantanamo Bay, Cuba, as of
October 1, 2009, who--
(1) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or a member of the Armed Forces of the
United States; and
(2) is--
(A) in the custody or under the control of the
Department of Defense; or
(B) otherwise detained at United States Naval
Station, Guantanamo Bay.
SEC. 1024. AUTHORITY TO TRANSFER INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES
TEMPORARILY FOR EMERGENCY OR CRITICAL MEDICAL TREATMENT.
(a) Temporary Transfer for Medical Treatment.--Notwithstanding
section 1031 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 968), or any similar provision of
law enacted after September 30, 2015, the Secretary of Defense may,
after consultation with the Secretary of Homeland Security, temporarily
transfer an individual detained at Guantanamo to a Department of
Defense medical facility in the United States for the sole purpose of
providing the individual medical treatment if the Secretary of Defense
determines that--
(1) the medical treatment of the individual is necessary to
prevent death or imminent significant injury or harm to the
health of the individual;
(2) the necessary medical treatment is not available to be
provided at United States Naval Station, Guantanamo Bay, Cuba,
without incurring excessive and unreasonable costs; and
(3) the Department of Defense has provided for appropriate
security measures for the custody and control of the individual
during any period in which the individual is temporarily in the
United States under this section.
(b) Limitation on Exercise of Authority.--The authority of the
Secretary of Defense under subsection (a) may be exercised only by the
Secretary of Defense or another official of the Department of Defense
at the level of Under Secretary of Defense or higher.
(c) Conditions of Transfer.--An individual who is temporarily
transferred under the authority in subsection (a) shall--
(1) while in the United States, remain in the custody and
control of the Secretary of Defense at all times; and
(2) be returned to United States Naval Station, Guantanamo
Bay, Cuba, as soon as feasible after a Department of Defense
physician determines, in consultation with the Commander, Joint
Task Force-Guantanamo Bay, Cuba, that any necessary follow-up
medical care may reasonably be provided the individual at
United States Naval Station, Guantanamo Bay.
(d) Status While in United States.--An individual who is
temporarily transferred under the authority in subsection (a), while in
the United States--
(1) shall be deemed at all times and in all respects to be
in the uninterrupted custody of the Secretary of Defense, as
though the individual remained physically at United States
Naval Station, Guantanamo Bay, Cuba;
(2) shall not at any time be subject to, and may not apply
for or obtain, or be deemed to enjoy, any right, privilege,
status, benefit, or eligibility for any benefit under any
provision of the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)), or any other law or regulation;
(3) shall not be permitted to avail himself of any right,
privilege, or benefit of any law of the United States beyond
those available to individuals detained at United States Naval
Station, Guantanamo Bay; and
(4) shall not, as a result of such transfer, have a change
in any designation that may have attached to that detainee
while detained at United States Naval Station, Guantanamo Bay,
pursuant to the Authorization for Use of Military Force (Public
Law 107-40), as determined in accordance with applicable law
and regulations.
(e) No Cause of Action.--Any decision to transfer or not to
transfer an individual made under the authority in subsection (a) shall
not give rise to any claim or cause of action.
(f) Limitation on Judicial Review.--
(1) Limitation.--Except as provided in paragraph (2), no
court, justice, or judge shall have jurisdiction to hear or
consider any claim or action against the United States or its
departments, agencies, officers, employees, or agents arising
from or relating to any aspect of the detention, transfer,
treatment, or conditions of confinement of an individual
transferred under this section.
(2) Exception for habeas corpus.--The United States
District Court for the District of Columbia shall have
exclusive jurisdiction to consider an application for writ of
habeas corpus seeking release from custody filed by or on
behalf of an individual who is in the United States pursuant to
a temporary transfer under the authority in subsection (a).
Such jurisdiction shall be limited to that required by the
Constitution, and relief shall be only as provided in paragraph
(3). In such a proceeding the court may not review, halt, or
stay the return of the individual who is the object of the
application to United States Naval Station, Guantanamo Bay,
Cuba, pursuant to subsection (c).
(3) Relief.--A court order in a proceeding covered by
paragraph (2)--
(A) may not order the release of the individual
within the United States; and
(B) shall be limited to an order of release from
custody which, when final, the Secretary of Defense
shall implement in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year
2016.
(g) Notification.--Whenever a temporary transfer of an individual
detained at Guantanamo is made under the authority of subsection (a),
the Secretary of Defense shall notify the Committees on Armed Services
of the Senate and the House of Representatives of the transfer not
later than five days after the date on which the transfer is made.
(h) Individual Detained at Guantanamo Defined.--In this section,
the term ``individual detained at Guantanamo'' means an individual
located at United States Naval Station, Guantanamo Bay, Cuba, as of
October 1, 2009, who--
(1) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or a member of the Armed Forces of the
United States; and
(2) is--
(A) in the custody or under the control of the
Department of Defense; or
(B) otherwise detained at United States Naval
Station, Guantanamo Bay.
(i) Applicability.--This section shall apply to an individual
temporarily transferred under the authority in subsection (a)
regardless of the status of any pending or completed proceeding or
detention on the date of the enactment of this Act.
SEC. 1025. AUTHORITY FOR ARTICLE III JUDGES TO TAKE CERTAIN ACTIONS
RELATING TO INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Use of Video Teleconferencing.--A judge of a United States
District Court shall have jurisdiction to take any of the following
actions by video teleconferencing with respect to an individual
detained at Guantanamo:
(1) Arraign the individual for a charge under the laws of
the United States.
(2) Accept a plea to a charge under the laws of the United
States.
(3) Enter a judgment of conviction and sentence the
individual for a charge upon which the individual is convicted
as a result of such a plea.
An action specified in paragraph (1), (2), or (3) may be taken by video
teleconferencing only with the consent of the individual.
(b) Venue.--A judge of a United States District Court may act by
video teleconferencing under subsection (a) only where such District
Court maintains venue concerning the offense alleged.
(c) Transfer To Serve Sentence of Imprisonment.--The Attorney
General may transfer to a foreign country an offender who is convicted
of an offense by reason of a plea entered into as described in
subsection (a) and who is under a sentence of imprisonment resulting
from such conviction. Any such transfer shall be made for the purpose
of the offender serving the sentence imposed on him, and shall be made
under chapter 306 of title 18, United States Code, without regard to
the provisions of section 4107 and subsections (a) and (b) of section
4100 of that title.
(d) Definitions.--In this section:
(1) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)) or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of
the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay.
(2) The terms ``imprisonment'', ``offender'', ``sentence'',
and ``transfer'' have the meanings given those terms in section
4101 of title 18, United States Code.
SEC. 1026. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE TO CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1033 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 968) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
SEC. 1027. MATTERS ON MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED
STATES AND GOVERNMENTS OF RECEIVING FOREIGN COUNTRIES AND
ENTITIES IN CERTIFICATIONS ON TRANSFER OF DETAINEES AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(b) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note)
is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) both--
``(A) the United States Government, on the one
hand, and the government of the foreign country or the
recognized leadership of the foreign entity, on the
other hand, have entered into a written memorandum of
understanding (MOU) regarding the transfer of the
individual; and
``(B) the memorandum of understanding--
``(i) has been transmitted to the
appropriate committees of Congress, in
classified form (if necessary); and
``(ii) includes an assessment, whether in
classified or unclassified form, of the
capacity, willingness, and past practices (if
applicable) of the foreign country or foreign
entity, as the case may be, with respect to the
matters certified by the Secretary pursuant to
paragraphs (2) and (3);''.
SEC. 1028. LIMITATION ON TRANSFER OF DETAINEES AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, PENDING A REPORT ON THEIR
TERRORIST ACTIONS AND AFFILIATIONS.
(a) Limitation.--No amounts authorized to be appropriated or
otherwise made available for fiscal year 2017 for the Department of
Defense may be used to transfer, release, or assist in the transfer or
release to any foreign government or foreign entity of an individual
detained at Guantanamo until the Secretary of Defense submits to the
appropriate committees of Congress a report on the individual that
includes the following:
(1) A description of the individual's previous terrorist
activities.
(2) A description of the individual's previous memberships
in or affiliations or associations with terrorist
organizations.
(3) A description of the individual's support for or
participation in attacks against the United States or United
States allies.
(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form, and may not include a classified annex as a means of
conveying any information of material significance to such report.
(c) Construction With Other Prohibitions and Limitations.--The
limitation in subsection (a) is in addition to any prohibition or other
limitation on the transfer or release of individuals detained at
Guantanamo under any other provision of law, including the provisions
of subtitle D of title X of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 968).
(d) Definitions.--In this section:
(1) 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.
(2) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of
the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
SEC. 1029. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO COUNTRIES COVERED BY DEPARTMENT
OF STATE TRAVEL WARNINGS.
(a) Finding.--The Senate makes the following findings:
(1) The Department of State issues travel warnings
regarding travel to foreign countries for reasons that include
``unstable government, civil war, ongoing intense crime or
violence, or frequent terrorist attacks''.
(2) These travel warnings are issued to highlight the
``risks of traveling'' to particular countries and are left in
place until the situation in the country concerned improves.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) countries that pose such a significant travel threat to
United States citizens that the Department of State feels
obliged to issue a travel warning should not be considered an
appropriate recipient of any detainee transferred from United
States Naval Station, Guantanamo Bay, Cuba; and
(2) if a country is subject to a Department of State travel
warning, it is highly unlikely that the government of the
country can provide the United States Government appropriate
security and assurances regarding the prevention of the
recidivism of any detainee so transferred.
(c) Prohibition.--
(1) In general.--Except as provided in paragraphs and (2)
and (3), no amounts authorized to be appropriated by this Act
or otherwise 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 to
the custody or control of any country subject to a Department
of State travel warning at the time the transfer or release
would otherwise occur.
(2) Exception for certain warnings.--Paragraph (1) shall
not apply with respect to any country subject to a travel
warning described in that paragraph that is issued solely on
the basis of one or more of the following:
(A) Medical deficiencies, infectious disease
outbreaks, or other health-related concerns.
(B) A natural disaster.
(C) Criminal activity.
(3) Exception for certain country.--Paragraph (1) shall not
apply with respect to the Kingdom of Saudi Arabia.
SEC. 1030. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF
FORCES AT OR CLOSURE OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1036(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 972) is amended by
inserting ``or 2017'' after ``fiscal year 2016''.
Subtitle E--Assured Access to Space
SEC. 1036. RESTRICTIONS ON USE OF ROCKET ENGINES FROM THE RUSSIAN
FEDERATION FOR SPACE LAUNCH OF NATIONAL SECURITY
SATELLITES.
(a) In General.--Except as provided by section 1608(c) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (10 U.S.C. 2271 note) (as in effect on December 1,
2015), the Secretary of Defense may not, on or after the date of the
enactment of this Act--
(1) launch any national security satellite on a space
launch vehicle with a rocket engine designed or manufactured in
the Russian Federation; or
(2) certify any entity to bid for the award or renewal of a
contract for the procurement of property or services for space
launch activities for the evolved expendable launch vehicle
program if, in carrying out such space launch activities, the
entity would use a rocket engine designed or manufactured in
the Russian Federation.
(b) National Security Satellite Defined.--In this section, the term
``national security satellite'' is a satellite launched for national
security purposes, including such a satellite launched by the Air
Force, the Navy, or the National Reconnaissance Office, or any other
element of the Department of Defense.
SEC. 1037. LIMITATION ON USE OF ROCKET ENGINES FROM THE RUSSIAN
FEDERATION TO ACHIEVE ASSURED ACCESS TO SPACE.
Section 2273 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Limitation on Use of Russian Rocket Engines.--Except as
provided by section 1608(c) of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015 (10
U.S.C. 2271 note) (as in effect on December 1, 2015), rocket engines
designed or manufactured in the Russian Federation may not be used to
pursue the attainment of the capabilities described in subsection
(a).''.
SEC. 1038. 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.
Subtitle F--Miscellaneous Authorities and Limitations
SEC. 1041. 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'';
(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. 1042. QUADRENNIAL 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.--Beginning in fiscal year 2018 and
occurring every four years thereafter, 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:
(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 appraisal of the Arctic ambitions of actors
in the Indo-Asia-Pacific region in the context of
current and projected capabilities, including an
analysis of the adequacy and relevance of the Arctic
Roadmap prepared by the Navy.
(F) 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.
(G) An evaluation of the seams between United
States Pacific Command and adjacent geographic
combatant commands and recommendations to mitigate the
effects of those seams.
(H) 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 a review pursuant to 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. 1043. DESIGNATION OF A DEPARTMENT OF DEFENSE STRATEGIC ARCTIC
PORT.
(a) 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).
(b) 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, 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 assessing the
future security requirements for one or more strategic ports in the
Arctic.
(c) Requirements.--Consistent with the Department of Defense Arctic
Strategy set forth pursuant to section 1068 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-92; 129 Stat.
992), the assessment in subsection (b) 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
subsection (c)(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 subsection (c)(2).
(d) Designation.--Upon completion of the report in subsection (b),
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, the
Administrator of the Maritime Administration, shall establish the
designation criteria for a Department of Defense ``Strategic Arctic
Port'' and shall submit recommendations for the designation of one or
more Strategic Arctic Ports within eighteen months. The recommendations
shall include an estimated cost for sufficient construction necessary
to initiate and sustain expected operations.
(e) Construction.--Nothing in this section may be construed to
authorize any additional Department of Defense appropriations for the
establishment of a port recommended pursuant to this section.
SEC. 1044. MODIFICATION OF REQUIREMENTS REGARDING NOTIFICATIONS TO
CONGRESS ON SENSITIVE MILITARY OPERATIONS.
(a) Timing of Notification Requirement.--Subsection (a) of section
130f of title 10, United States Code, is amended by inserting ``not
later than 36 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.''; and
(2) by adding at the end the following new paragraph:
``(3) In the event of an unauthorized disclosure described in
paragraph (2), the Secretary shall ensure, to the maximum extent
practicable, that the congressional defense committees are notified
immediately of the sensitive military operation concerned.''.
(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 operations conducted under the National Security Act
of 1947 (50 U.S.C. 3001 et seq.)''.
(d) Definition.--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 conducted by
the armed forces outside the United States that targets a
specific individual or individuals.
``(2) An operation conducted by the armed forces outside a
theater of major hostilities in self-defense or in defense of
foreign partners.''.
(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 is amended by striking
the item relating to section 130f and insert the following new
item:
``130f. Notification requirements for sensitive military operations.''.
SEC. 1045. RECONNAISSANCE STRIKE GROUP MATTERS.
(a) Modeling of Alternative Army Design and Operational Concept.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Chairman of the Joint Chiefs of Staff,
provide for and oversee the modeling of an alternative Army
design and operational concept for the Reconnaissance Strike
Group (RSG).
(2) 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 alternative design and
operational concept modeled as described in paragraph (1). The
report shall include an assessment of the feasibility and
advisability of a follow-on pilot program to test force designs
and concepts of operation developed pursuant to the modeling.
(b) Test, Evaluation, Development, and Validation.--
(1) Office required.--Commencing not later than 60 days
after the date of the enactment of this Act, the commander of a
combatant command designated by the Secretary for purposes of
this subsection shall establish within that combatant command
an office to carry out testing, evaluation, development and
validation of the joint warfighting concepts, and required
platforms and structure, of the Reconnaissance Strike Group.
(2) Reports.--Not later than 90 days after the date of the
enactment of this Act, and periodically thereafter, the
commander of the combatant command designated pursuant to
paragraph (1) shall submit to the committees of Congress
referred to in subsection (a)(2) a report on the office
required pursuant to paragraph (1), including the structure of
the office, the programmatic goals of the office, and the
funding required by the office to carry out the activities
specified in paragraph (1).
SEC. 1046. TRANSITION OF AIR FORCE TO OPERATION OF REMOTELY PILOTED
AIRCRAFT BY ENLISTED PERSONNEL.
(a) In General.--Not later than September 30, 2019, the Air Force
shall fully transition to an organizational model for all Air Force
remotely piloted aircraft (RPA) that uses enlisted personnel as
operators of such aircraft rather than officers as the preponderance of
operators of such aircraft.
(b) 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.
(c) Reports.--
(1) Initial report.--Not later than March 1, 2017, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
that sets forth a detailed description of the 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.
(2) Reports on progress in implementation.--Not later than
each of March 1, 2018, and March 1, 2019, 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), by not later than September 30,
2019.
SEC. 1047. 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. 1048. 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, or serving under section 328 of title 32, United States
Code, and are not military technicians. The positions to be
converted are described in paragraph (2).'';
(2) in paragraph (2), by striking ``the report'' and all
that follows and inserting ``by the Army Reserve, the Air Force
Reserve, the National Guard Bureau, and the State adjutants
general 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) On 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:
(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
required to best contribute to the readiness of the
Reserves and of the National Guard for its Federalized
and non-Federalized missions.
(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. 1049. 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 and who have served, in
the five years before selection, in a position that involved
significant interaction and coordination with the Central Intelligence
Agency.
(b) Support for Activities.--
(1) In general.--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 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
prioritize 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. 1050. 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 two 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.
(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 one year
after the date of the delivery of the covered support,
supplies, or services. Exchange entitlements not 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 or
contract placed with 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) 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.
(e) Definitions.--In this section:
(1) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
(2) 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 (and construction incident
to base operations support), use of facilities, spare parts and
components, repair and maintenance services, and calibration
services.
SEC. 1051. 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 information needs of the Department of Homeland Security relating
to civilian law enforcement activities in proximity to the borders of
the United States are identified and communicated to the Secretary of
Defense for the purposes of planning and executing military training.
(b) Formal Mechanism of Notification.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall, in coordination with the Secretary of Defense, establish
a formal mechanism through which Department of Homeland
Security information needs relating to civilian law enforcement
activities in proximity to the borders of the United States are
identified and communicated to the Secretary of Defense for the
purposes of planning and executing military training.
(2) Dissemination to the armed forces.--The Secretary of
Defense shall ensure that such information needs are
disseminated to the Armed Forces in a timely manner so that the
Armed Forces have an opportunity to schedule and design
training in accordance with section 371 of title 10, United
States Code.
(3) Coordination of training.--The Secretary of Defense
shall ensure that training scheduled and designed as described
in paragraph (2) is coordinated, to the maximum extent
practicable, with the Department of Homeland Security.
(c) Sharing of Certain Information.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Homeland
Security and the Secretary of Defense shall formulate guidance to
ensure that 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 borders of the
United States is provided promptly to civilian law enforcement
officials in accordance with section 371 of title 10, United States
Code.
SEC. 1052. 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 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.
SEC. 1053. MODIFICATION OF AUTHORITY TO TRANSFER DEPARTMENT OF DEFENSE
PROPERTY FOR LAW ENFORCEMENT ACTIVITIES.
(a) Restatement and Modification of Current Authority for Transfer
for State and Local Law Enforcement Activities.--Section 2576a of title
10, United States Code, is amended by adding at the end the following
new subsections:
``(g) Determination of Eligible Defense Items.--
``(1) Controlled defense items eligible for treatment.--
``(A) In general.--Subject to the provisions of
this paragraph, the controlled defense items that may
be treated as eligible defense items for purposes of
this section shall include items that--
``(i) can be readily put to civilian use by
State and local law enforcement agencies; and
``(ii) are suitable for transfer to State
and local law enforcement agencies pursuant to
this section.
``(B) Initial eligible defense items.--The
controlled defense items to be treated as eligible
defense items for purposes of this section as of the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017 are the
following:
``(i) Camouflage uniforms and clothing.
``(ii) Fixed wing manned aircraft.
``(iii) Rotary wing manned aircraft.
``(iv) Unmanned aerial vehicles.
``(v) Wheeled armored vehicles.
``(vi) Wheeled tactical vehicles.
``(vii) Specialized firearms and ammunition
under .50-caliber.
``(viii) Explosives and pyrotechnics,
including explosive breaching tools.
``(ix) Breathing apparatus.
``(x) Riot batons.
``(C) List of controlled defense items treatable as
eligible defense items.--The Secretary of Defense
shall, acting through the Director of the Defense
Logistics Agency and in consultation with the Working
Group established by Executive Order 13688, maintain,
and periodically update, a list of controlled defense
items that are currently appropriate for treatment as
eligible defense items for purposes of this section.
The list shall be established and maintained in
accordance with the regulations for purposes of this
section under subsection (g).
``(2) Controlled defense items not eligible for
treatment.--
``(A) In general.--A controlled defense item may
not be treated as an eligible defense item for purposes
of this section if--
``(i) the item is made exclusively for the
military; and
``(ii) the item, or a substantially similar
item, cannot be purchased by State or local law
enforcement agencies in the private sector even
after the item is demilitarized.
``(B) Initial prohibited items.--Unless and until
determined otherwise by the Secretary for purposes of
this section, the controlled defense items that may not
be treated as eligible defense items for purposes of
this section are the following:
``(i) Tracked armored vehicles.
``(ii) Weaponized aircraft, vessels, and
vehicles of any kind.
``(iii) Firearms of .50-caliber or higher.
``(iv) Ammunition of .50-caliber or higher.
``(v) Grenades, flash bang grenades,
grenade launchers, and grenade launcher
attachments.
``(vi) Bayonets.
``(vii) Mine Resistant Ambush Protected
(MRAP) vehicle.
``(viii) Tasers developed primarily for use
by the military.
``(C) List of controlled items not treatable as
eligible defense items.--The Secretary shall, acting
through the Director and in consultation with the
Working Group referred to in paragraph (1)(C),
maintain, and periodically update, a list of controlled
defense items that are currently prohibited from
treatment as eligible defense items for purposes of
this section. The list shall be established and
maintained in accordance with the regulations for
purposes of this section under subsection (g).
``(3) Return of items not treated as eligible defense items
not immediately required.--
``(A) Return of initial prohibited items not
generally required.--The regulations for purposes of
this section shall provide that a law enforcement
agency in possession on the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2017 of a controlled defense item that is not eligible
for treatment as an eligible defense item pursuant to
paragraph (2)(B) shall not be required to return such
item to the Department pursuant to Executive Order
13688.
``(B) Return of items subsequently treated as not
eligible not required.--The regulations for purposes of
this section shall provide that a law enforcement
agency in possession of a controlled defense item that
is no longer eligible for treatment as an eligible
defense item pursuant to paragraph (2)(C) shall not be
required to return such item to the Department pursuant
to Executive Order 13688.
``(C) Construction.--Nothing in this section shall
be construed to require a law enforcement agency,
pursuant to Executive Order 13688, to return to the
Department equipment obtained from the Federal
Government, or obtained using Federal funds, if such
equipment was obtained by the agency in a manner
consistent with all applicable laws and regulations.
``(D) No transfer of ownership.--Nothing in this
section shall be construed as a transfer of ownership
of any equipment obtained from the Federal Government
pursuant to this section.
``(h) Prohibition on Requirement for Timely Use of Transferred
Items.--The regulations for purposes of this section may not require
the use of an eligible defense item transferred under this section
within one year of the receipt of the item by the State or local law
enforcement agency concerned.
``(i) Notice on Requests for Transfers to State and Local
Officials.--
``(1) In general.--Except as provided in paragraph (2), a
State or local law enforcement agency may not request transfer
of an eligible defense item under this section, including
pursuant to interagency transfer under subsection (t), unless
the law enforcement agency has provided notice of the request
to the head and legislative body of the State or political
subdivision of a State of which the law enforcement agency is
an agency.
``(2) Exception.--
``(A) Items for undercover operations.--A State or
local law enforcement agency requesting transfer of an
eligible defense item is not required to comply with
paragraph (1) if the item requested is for an active
undercover operation.
``(B) Alternative notice requirement.--A State or
local law enforcement agency receiving an item under
this section pursuant to a request covered by
subparagraph (A) shall notify the head and legislative
body of the State or political subdivision of a State
of which the law enforcement agency is an agency of the
request not later than 10 business days after the
operation concerned becomes an open record.
``(j) Training Requirements.--
``(1) Minimum training requirements for law enforcement
officers.--
``(A) In general.--On and after the date that is
three years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2017, eligible defense items may not be transferred to
a State or local law enforcement agency of a State
under this section unless the Governor of the State (or
the designee of the Governor) certifies to the Director
of the Defense Logistics Agency that the State has in
place minimum training requirements for all sworn law
enforcement officers in the State, including--
``(i) a requirement that anyone that has
decisionmaking authority on the deployment of a
SWAT team attends the National Tactical
Officers Association unit commanders course or
an equivalent within one year of commencing the
exercise of such authority;
``(ii) specialized leadership training
requirements for unit commanders who have--
``(I) decisionmaking authority on
the deployment of SWAT teams and
tactical military vehicles; or
``(II) responsibility for drafting
policies on the use of force and SWAT
team deployment;
``(iii) annual specialized SWAT team
training requirements for all SWAT team
members, including in law enforcement tactics
used in tactical operations;
``(iv) annual training requirements for all
law enforcement officers that are members of
specialized tactical units other than SWAT
teams (including high-risk warrant service
teams, hostage rescue teams, and drug
enforcement task forces);
``(v) annual training on the general
policing standards of the law enforcement
agency on equipment such as eligible defense
items;
``(vi) annual training on sensitivity,
including training on ethnic and racial bias,
cultural diversity, and police interaction with
the disabled, mentally ill, and new immigrants;
``(vii) annual training in crowd control
tactics for any officers that may be called
upon to participate in crowd control efforts;
and
``(viii) such other training as recommended
by the evaluation conducted pursuant to section
1051(d) of the National Defense Authorization
Act for Fiscal Year 2016.
``(B) Satisfaction by recent hirees.--The
requirements under subparagraph (A) shall provide for
the first completion of the training concerned by an
individual who becomes an officer in a law enforcement
agency by not later than one year after the date on
which the individual becomes an officer in the law
enforcement agency.
``(C) Record-keeping.--Each law enforcement agency
to which eligible defense items are transferred
pursuant to this section shall retain training records
of each office authorized to use such items, either in
the personnel file of the officer or by the training
division or equivalent entity of the agency, for not
less than three years after the date on which the
training occurs, and shall provide a copy of such
records to the Director upon request.
``(k) Suspension and Termination.--
``(1) For lost or stolen items.--In the event an offensive
weapon or ordnance transferred to a State or local law
enforcement agency under this section is lost, stolen, or
misappropriated, the Director of the Defense Logistics Agency,
after providing the law enforcement agency with notice and the
opportunity to contest the allegation, shall suspend the law
enforcement agency from eligibility for receipt of items under
this section for a period of six months.
``(2) Intentional falsification of information.--In the
event a State or local law enforcement agency is determined by
the Director (or the designee of the Director) to have
intentionally falsified any information in requesting or
applying for items under this section, the Director, after
providing the law enforcement agency with notice and the
opportunity to contest the determination, shall terminate the
law enforcement agency from eligibility for receipt of items
under this section until such time as the head of the law
enforcement agency is replaced.
``(l) Construction With Other DLA Authority.--Nothing in this
section shall be construed to override, alter, or supersede the
authority of the Director of the Defense Logistics Agency to dispose of
property of the Department of Defense that is not a controlled defense
item to law enforcement agencies under another provision of law.
``(m) Definitions.--In this section:
``(1) The term `bayonet' means a large knife designed to be
attached to the muzzle of a rifle, shotgun, or long gun for the
purposes of hand-to-hand combat.
``(2) The term `breaching apparatus' means a tool designed
to provide law enforcement rapid entry into a building or
through a secured doorway, including battering rams or similar
entry devices, ballistic devices, and explosive devices.
``(3) The term `controlled defense item' means property of
the Department of Defense that is subject to the restriction of
the United States Munitions List (22 Code of Federal
Regulations Part 121) or the Commerce Control List (15 Code of
Federal Regulations Part 774).
``(4) The term `eligible defense item' means a controlled
defense item that is eligible for transfer to a law enforcement
agency pursuant to this section.
``(5) The term `fixed wing manned aircraft' means a powered
aircraft with a crew aboard, such as airplanes, that uses a
fixed wing for lift.
``(6) The term `grenade launcher' means a firearm or
firearm accessory designed to launch small explosive
projectiles.
``(7) The term `riot baton' means a nonexpandable baton of
greater length than service-issued types that are intended to
protect its wielder during melees by providing distance from
assailants. The term does not include a service-issued
telescopic or fixed length straight baton.
``(8) The term `specialized firearm and ammunition under
.50 caliber' means a weapon and corresponding ammunition for
specialized operations or assignments. The term does not
include service-issued handguns, rifles, or shotguns that are
issued or approved by an agency to be used during the course of
regularly assigned duties.
``(9) The term `State Coordinator' means an individual
appointed by the Governor of a State--
``(A) to manage requests of State and local law
enforcement agencies of the State for eligible defense
items; and
``(B) to ensure the appropriate use of eligible
defense items transferred under this section by such
law enforcement agencies.
``(10) The term `State or local law enforcement agency'
means a State or local agency or entity with law enforcement
officers that have arrest and apprehension authority and whose
primary function is to enforce the laws. The term includes a
local educational agency with such officers. The term does not
include a firefighting agency or entity.
``(11) The term `SWAT team' means a Special Weapons and
Tactics team or other specialized tactical team composed of
State or local sworn law enforcement officers.
``(12) The term `tactical military vehicle' means an
armored vehicle having military characteristics resulting from
military research and development processes that is designed
primarily for use by forces in the field in direct connection
with, or support of, combat or tactical operations.
``(13) The term `tracked armored vehicle' means a vehicle
that provides ballistic protection to their occupants and
utilizes a tracked system instead of wheels for forward motion.
``(14) The term `unmanned aerial vehicle' means a remotely
piloted, powered aircraft without a crew aboard.
``(15) The term `wheeled armored vehicle' means any wheeled
vehicle either purpose-built or modified to provide ballistic
protection to its occupants, such as a Mine Resistant Ambush
Protected (MRAP) vehicle of an Armored Personnel Carrier.
``(16) The term `wheeled tactical vehicle' means a vehicle
purpose-built to operate onroad and offroad in support of
military operations, such as a HMMWV (`Humvee'), 2.5ton truck,
5ton truck, or a vehicle with a breaching or entry apparatus
attached.''.
(b) In General.--Chapter 153 of title 10, United States Code, is
amended by inserting after section 2576b the following new section:
``Sec. 2576c. Excess property: priority in transfer to other Federal
agencies of property also transferrable to State and
local agencies
``(a) In General.--In transferring excess property of the
Department of Defense under authorities specified in subsection (b)
that authorize the transfer of such property to both other Federal
agencies and State and local agencies, the Secretary of Defense shall
afford a priority to other Federal agencies in the transfer of any
property that is not a controlled defense item.
``(b) Authorities.--The authorities specified in this subsection
are the following:
``(1) The authority to transfer personal property for law
enforcement activities under section 2576a of this title.
``(2) The authority to transfer personal property to assist
firefighting activities under section 2576b of this title.
``(3) The authority to transfer documents, artifacts, and
other materiel under section 2572 of this title.
``(4) The authority to transfer nonlethal supplies for
homeless and humanitarian relief under section 2557 of this
title.
``(5) The authority to make foreign military sales under
the Arms Export Control Act (22 U.S.C. 2751 et seq.).
``(6) The authority to transfer research equipment under
section 11(i) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710(i)).
``(7) Such other authorities relating to transfer of
property of the Department as the Secretary designates for
purposes of this section.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of such title is amended by inserting after the item
relating to section 2576b the following new item:
``2576c. Excess property: priority in transfer to other Federal
agencies of property also transferrable to
State and local agencies.''.
SEC. 1054. EXEMPTION OF INFORMATION ON MILITARY TACTICS, TECHNIQUES,
AND PROCEDURES FROM RELEASE UNDER FREEDOM OF INFORMATION
ACT.
(a) Exemption.--Subsection (a) of section 130e of title 10, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``or information related to military tactics, techniques, and
procedures'' after ``security information'';
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) the information is--
``(A) Department of Defense critical infrastructure
security information; or
``(B) related to a military tactic, technique, or
procedure, including a military rule of engagement;'';
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) the public disclosure of the information could
reasonably be expected to risk impairment of the effective
operation of Department of Defense by providing an advantage to
an adversary or potential adversary; and''.
(b) Definitions.--Subsection (c) of such section--
(1) is transferred to the end of such section and
redesignated as subsection (f); and
(2) as so transferred and redesignated, is amended--
(A) by striking ``Definition.--In this section,
the''and inserting the following: ``Definitions.--In
this section:''
``(1) Department of defense critical infrastructure
security information.--The''; and
(B) by adding at the end the following new
paragraphs:
``(2) Tactic.--The term `tactic' means the employment and
ordered arrangement of forces in relation to each other.
``(3) Technique.--The term `technique' means a non-
prescriptive way or method used to perform a mission, function,
or task.
``(4) Rule of engagement.--The term `rule of engagement'
means a directive issued by a competent military authority that
delineates the circumstances and limitations under which the
armed forces will initiate or continue combat engagement with
other forces encountered.''.
(c) Delegation and Transparency.--Such section is further amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e) and (f) (as
transferred and redesignated by subsection (b)(1) of this
section) as subsections (c) and (e), respectively; and
(3) in subsection (c), as redesignated by paragraph (2)--
(A) by striking ``, or the Secretary's designee,'';
and
(B) by striking ``through the Office of the
Director of Administration and Management'' and
inserting ``in accordance with guidelines prescribed by
the Secretary''.
(d) Citation for Purposes of Open FOIA Act of 2009.--Such section
is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking ``pursuant to section 552(b)(3) of title
5'' in the matter preceding paragraph (1); and
(2) by inserting after subsection (c), as redesignated by
subsection (c)(2) of this section, the following new subsection
(d):
``(d) Citation for Purposes of Open FOIA Act of 2009.--This section
is a statute that specifically exempts certain matters from disclosure
under section 552 of title 5, as described in subsection (b)(3) of that
section.''.
(e) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 130e. Nondisclosure of information: critical infrastructure;
military tactics, techniques, and procedures''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking the
item relating to section 130e and inserting the following new
item:
``130e. Nondisclosure of information: critical infrastructure; military
tactics, techniques, and procedures''.
SEC. 1055. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY STATE AND
LOCAL GOVERNMENTS.
(a) Special Nuclear Material.--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.''.
(b) Critical Infrastructure Security Information.--Section 130e of
such title 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 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).''.
(c) Conforming Amendments.--
(1) Section 128.--The heading of section 128 of such title
is amended to read as follows:
``Sec. 128. Control and physical protection of special nuclear
material: limitation on dissemination of unclassified
information''.
(2) Section 130e.--Section 130e of such title is further
amended--
(A) by striking the section heading and inserting
the following new section heading:
``Sec. 130e. Control and protection of critical infrastructure security
information'';
(B) in subsection (a), by striking the subsection
heading and inserting the following new subsection
heading; ``Exemption From Freedom of Information Act.--
'';
(C) in subsection (d), by striking the subsection
heading and inserting the following new subsection
heading: ``Delegation of Determination Authority.--'';
and
(D) in subsection (e), by striking the subsection
heading and inserting the following new subsection
heading: ``Transparency of Determinations.--''.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 3 of such title is amended--
(1) 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.''; and
(2) by striking the item relating to section 130e and
inserting the following new item:
``130e. Control and protection of critical infrastructure security
information.''.
SEC. 1056. RECOVERY OF EXCESS FIREARMS, 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. Recovery of excess firearms, 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 firearm, 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 firearms, 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 firearms, 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
``(2) uses an ammunition depot of the Army that is an
eligible facility for receipt of any firearms, ammunition,
repair parts, or supplies under this paragraph.
``(d) 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.
``(e) Firearm Defined.--In this section, the term `firearm' 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 firearm or
any ammunition, repair parts, or supplies under section 40728B(c) of
this title may sell, at fair market value, such firearm, ammunition,
repair parts, or supplies.''; and
(2) in subsection (c), in the heading, by inserting ``by
the Corporation'' after ``Limitation on Sales''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 407 of such title is amended by inserting after the item
relating to section 40728A the following new item:
``40728B. Recovery of excess firearms, ammunition, and parts granted to
foreign countries and transfer to certain
persons.''.
SEC. 1057. SENSE OF THE SENATE ON DEVELOPMENT AND FIELDING OF FIFTH
GENERATION AIRBORNE SYSTEMS.
(a) Findings.--The Senate makes the following findings:
(1) The term ``fifth generation'', with respect to airborne
systems, means those airborne systems capable of operating
effectively in highly contested battle spaces defined by the
most capable currently fielded threats, and those reasonably
expected to be operational in the foreseeable future.
(2) Continued modernization of Department of Defense
airborne systems such as fighters, bombers, and intelligence,
surveillance, and reconnaissance (ISR) aircraft with fifth
generation capabilities is required because--
(A) adversary integrated air defense systems (IADS)
have created regions where fourth generation airborne
systems may be limited in their ability to effectively
operate;
(B) adversary aircraft, air-to-air missiles, and
airborne electronic attack or electronic protection
systems are advancing beyond the capabilities of fourth
generation airborne systems; and
(C) fifth generation airborne systems provide a
wider variety of options for a given warfighting
challenge, preserve the technological advantage of the
United States over near-peer threats, and serve as a
force multiplier by increasing situational awareness
and combat effectiveness of fourth generation airborne
systems.
(b) Sense of the Senate.--It is the sense of the Senate 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.
SEC. 1058. TECHNICAL AND CONFORMING AMENDMENTS.
(a) National Defense Authorization Act for Fiscal Year 2016.--The
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) is amended--
(1) in section 804(d)(3), by inserting ``within 5 business
days after such transfer'' before the period at the end of the
first sentence; and
(2) in section 809(e)(2)(A), by striking ``repealed'' and
inserting ``rescinded''.
(b) Section 2431b of Title 10, United States Code.--Subsection (d)
of section 2431b of title 10, United States Code, 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 programs and major
systems.--The terms `major defense acquisition programs' and
`major systems' have the meanings provided in section 2431a of
this title.''.
Subtitle G--National Commission on Military, National, and Public
Service
SEC. 1066. PURPOSE AND SCOPE.
(a) Purpose.--The purpose of this subtitle is to establish the
National Commission on Military, National, and Public Service to--
(1) conduct a review of the military selective service
process (commonly referred to as ``the draft''); and
(2) consider methods to increase participation in military,
national, and public service in order to address national
security and other public service needs of the Nation.
(b) Scope of Review.--In order to provide the fullest understanding
of the matters required under the review under subsection (a), the
Commission shall consider--
(1) the need for a military selective service process,
including the continuing need for a mechanism to draft large
numbers of replacement combat troops;
(2) means by which to foster a greater attitude and ethos
of service among United States youth, including an increased
propensity for military service;
(3) the feasibility and advisability of modifying the
military selective service process in order to obtain for
military, national, and public service individuals with skills
(such as medical, dental, and nursing skills, language skills,
cyber skills, and science, technology, engineering, and
mathematics (STEM) skills) for which the Nation has a critical
need, without regard to age or sex; and
(4) the feasibility and advisability of including in the
military selective service process, as so modified, an
eligibility or entitlement for the receipt of one or more
Federal benefits (such as educational benefits, subsidized or
secured student loans, grants or hiring preferences) specified
by the Commission for purposes of the review.
(c) Definitions.--In this subtitle:
(1) The term ``military service'' means active service (as
that term is defined in subsection (d)(3) of section 101 of
title 10, United States Code) in one of the uniformed services
(as that term is defined in subsection (a)(5) of such section).
(2) The term ``national service'' means civilian employment
in Federal or State Government in a field in which the Nation
and the public have critical needs.
(3) The term ``public service'' means civilian employment
in any non-governmental capacity, including with private for-
profit organizations and non-profit organizations (including
with appropriate faith-based organizations), that pursues and
enhances the common good and meets the needs of communities,
the States, or the Nation in sectors related to security,
health, care for the elderly, and other areas considered
appropriate by the Commission for purposes of this subtitle.
SEC. 1067. 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 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 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 amount its members.
(d) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its powers,
and shall be filled in the same manner as the original appointment was
made.
(e) Status as Federal Employees.--Notwithstanding the requirements
of section 2105 of title 5, United States Code, including the required
supervision under subsection (a)(3) of such section, the members of the
Commission shall be deemed to be Federal employees.
(f) Pay for Members of the Commission.--
(1) In general.--Each member, other than the Chair, of the
Commission shall be paid at a rate equal to the daily
equivalent of the annual rate of basic pay payable for level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which
the member is engaged in the actual performance of duties
vested in the Commission.
(2) Chair.--The Chair of the Commission shall be paid at a
rate equal to the daily equivalent of the annual rate of basic
pay payable for level III of the Executive Schedule under
section 5314, of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Commission.
(g) Use of Government Information.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out its
duties. Upon such request of the Chair of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(h) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(i) Authority To Accept Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and property from
non-Federal entities for the purposes of aiding and facilitating the
work of the Commission. The authority in this subsection does not
extend to gifts of money.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants
(or of organizations of experts or consultants) in
accordance with the provisions of section 3109 of title
5, United States Code; and
(B) pay in connection with such services travel
expenses of individuals, including transportation and
per diem in lieu of subsistence, while such individuals
are traveling from their homes or places of business to
duty stations.
(2) Limitation.--The total number of experts or consultants
procured pursuant to paragraph (1) may not exceed five experts
or consultants.
(3) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
SEC. 1068. 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 1069(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. 1069. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS.
(a) Context of Commission Review.--The Commission shall--
(1) conduct review of the military selective service
process; and
(2) consider methods to increase participation in military,
national and public service opportunities to address national
security and other public service needs of the Nation.
(b) Development of Commission Recommendations.--The Commission
shall develop recommendations on the matters subject to its review
under subsection (a) that are consistent with the principles
established by the President under subsection (c).
(c) Presidential Principles.--
(1) In general.--Not later than three months after the
Commission establishment date, the President shall establish
and transmit to the Commission and Congress principles for
reform of the military selective service process, including
means by which to best acquire for the Nation skills necessary
to meet the military, national, and public service requirements
of the Nation in connection with that process.
(2) Elements.--The principles required under this
subsection shall address the following:
(A) Whether, in light of the current and predicted
global security environment and the changing nature of
warfare, there continues to be a continuous or
potential need for a military selective service process
designed to produce large numbers of combat members of
the Armed Forces, and if so, whether such a system
should include mandatory registration by all citizens
and residents, regardless of sex.
(B) The need, and how best to meet the need, of the
Nation, the military, the Federal civilian sector, and
the private sector (including the non-profit sector)
for individuals possessing critical skills and
abilities, and how best to employ individuals
possessing those skills and abilities for military,
national, or public service.
(C) How to foster within the Nation, particularly
among United States youth, an increased sense of
service and civic responsibility in order to enhance
the acquisition by the Nation of critically needed
skills through education and training, and how best to
acquire those skills for military, national, or public
service.
(D) How to increase a propensity among United
States youth for service in the military, or
alternatively in national or public service, including
how to increase the pool of qualified applicants for
military service.
(E) The need in Government, including the military,
and in the civilian sector to increase interest,
education, and employment in certain critical fields,
including science, technology, engineering, and
mathematics (STEM), national security, cyber,
linguistics and foreign language, education, health
care, and the medical professions.
(F) How military, national, and public service may
be incentivized, including through educational
benefits, grants, Federally-insured loans, Federal or
State hiring preferences, or other mechanisms that the
President considers appropriate.
(G) Any other matters the President considers
appropriate for purposes of this subtitle.
(d) Cabinet Recommendations.--Not later than seven months after the
Commission establishment date, the Secretary of Defense, the Attorney
General, the Secretary of Homeland Security, the Secretary of Labor,
and such other Government officials, and such experts, as the President
shall designate for purposes of this subsection shall jointly transmit
to the Commission and Congress recommendations for the reform of the
military selective service process and military, national, and public
service in connection with that process.
(e) Commission Report and Recommendations.--
(1) Report.--Not later than 30 months after the Commission
establishment date, the Commission shall transmit to the
President and Congress a report containing the findings and
conclusions of the Commission, together with the
recommendations of the Commission regarding the matters
reviewed by the Commission pursuant to this subtitle. The
Commission shall include in the report legislative language and
recommendations for administrative action to implement the
recommendations of the Commission. The findings and conclusions
in the report shall be based on the review and analysis by the
Commission of the recommendations made under subsection (d).
(2) Requirement for approval.--The recommendations of the
Commission must be approved by at least five members of the
Commission before the recommendations may be transmitted to the
President and Congress under paragraph (1).
(3) Public availability.--The Commission shall publish a
copy of the report required by paragraph (1) on an Internet
website available to the public on the same date on which it
transmits that report to the President and Congress under that
paragraph.
SEC. 1070. EXECUTIVE DIRECTOR AND STAFF.
(a) Executive Director.--The Commission shall appoint and fix the
rate of basic pay for an Executive Director in accordance with section
3161 of title 5, United States Code.
(b) Staff.--Subject to subsections (c) and (d), the Executive
Director, with the approval of the Commission, may appoint and fix the
rate of basic pay for additional personnel as staff of the Commission
in accordance with section 3161 of title 5, United States Code.
(c) Limitations on Staff.--
(1) Number of detailees from executive departments.--Not
more than one-third of the personnel employed by or detailed to
the Commission may be on detail from the Department of Defense
and other executive branch departments.
(2) Prior duties within executive branch.--A person may not
be detailed from the Department of Defense or other executive
branch department to the Commission if, in the year before the
detail is to begin, that person participated personally and
substantially in any matter concerning the preparation of
recommendations for the military selective service process and
military and public service in connection with that process.
(d) Limitations on Performance Reviews.--No member of the uniformed
services, and no officer or employee of the Department of Defense or
other executive branch department (other than a member of the uniformed
services or officer or employee who is detailed to the Commission),
may--
(1) prepare any report concerning the effectiveness,
fitness, or efficiency of the performance of the staff of the
Commission or any person detailed to that staff;
(2) review the preparation of such a report (other than for
administrative accuracy); or
(3) approve or disapprove such a report.
SEC. 1071. JUDICIAL REVIEW PRECLUDED.
Actions under section 1069 of the President, the officials
specified or designated under subsection (d) of such section, and the
Commission shall not be subject to judicial review.
SEC. 1072. TERMINATION.
Except as otherwise provided in this subtitle, the Commission shall
terminate not later than 36 months after the Commission establishment
date.
SEC. 1073. FUNDING.
Of the amounts authorized to be appropriated by this Act for fiscal
year 2017 for the Department of Defense, up to $15,000,000 shall be
made available to the Commission to carry out its duties under this
subtitle. Funds made available to the Commission under the preceding
sentence shall remain available until expended.
Subtitle H--Studies and Reports
SEC. 1076. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE ARMED FORCES
AND THE COMBATANT COMMANDS.
(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. Unfunded priorities of the armed forces and combatant
commands: annual report
``(a) Annual Report.--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 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 current 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 geographic combatant commands
and the commanders of the functional combatant commands.
``(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 funds required to fully fund
such priority.
``(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 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 global force 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
had emerged before the budget was so submitted.''.
(2) 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.
SEC. 1077. ASSESSMENT OF THE JOINT GROUND FORCES OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall, in consultation
with the Chairman of the Joint Chiefs of Staff, 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:
(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.
SEC. 1078. REPORT ON INDEPENDENT ASSESSMENT OF THE FORCE STRUCTURE OF
THE ARMED FORCES TO MEET THE NATIONAL DEFENSE STRATEGY.
(a) Report Required.--The Secretary of Defense shall, as provided
in subsection (d), submit to Congress a report setting forth an
assessment, obtained by the Secretary from an organization independent
of the Department of Defense, of the adequacy and sufficiency of the
force structure of the Armed Forces to meet future threats to the
United States.
(b) Conduct of Review.--
(1) Contract.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall contract with an
organization independent of the Department for the review
required pursuant to subsection (a).
(2) Entity qualifications.--The entity with which the
Secretary contracts under this subsection shall be an
organization that has--
(A) recognized credentials and expertise in
national security and military affairs; and
(B) access to policy experts throughout the United
States.
(c) Elements.--The report under subsection (a) shall include the
following:
(1) An identification and assessment of the threats to the
United States from Russia, China, North Korea, Iran, the
Islamic State of Iraq and the Levant, global terrorism, and
other sources.
(2) A description of potential conflicts arising from the
threats identified pursuant to paragraph (1) and the proposed
responses of the Department and the Armed Forces to meet such
threats, including the concepts of operations, the end states
desired, the timelines required, the availability of host
nation and allied support, the use of weapons of mass
destruction, the anticipated duration of the conflicts, and the
need, if any, for post-hostilities stabilization operations.
(3) An identification and assessment of the forces,
warfighting systems, acquisition programs, and associated
personnel strengths required to execute such responses at
moderate risk, including the demands of simultaneous or nearly
simultaneous conflicts in connection with such threats and
ongoing global commitments, with such strengths to include
strengths for the regular and reserve components of each Armed
Force, for the United States Special Operations Command, and
for Government civilian and operational contractor personnel.
(4) An identification and assessment of the funding
required to build and sustain the forces, warfighting systems,
acquisition programs, and personnel identified pursuant to
paragraph (3).
(5) A comparison of the forces, warfighting systems,
acquisition programs, manpower, and funding identified pursuant
to paragraphs (3) and (4) with the forces, warfighting systems,
acquisition programs, manpower, and funding planned in the
future-years defense program for fiscal year 2017, as amended
by any announced changes.
(6) An assessment of the ability of the forces planned in
the future-years defense program for fiscal year 2017 to meet
the day-to-day requirements of the commanders of the combatant
commands for forward deployments, forward stationing (such as
in Korea, Japan, and Europe), crisis response (such as Freedom
of Navigation operations), humanitarian assistance and disaster
response, no-fly zones, evacuation operations, peacekeeping,
counterterrorism, operations in Iraq (Operation Inherent
Resolve) and Afghanistan (Operation Resolute Support), allied
and partner engagement, and homeland security (including
missile defense), including a specification of appropriate
dwell times for forces and members of the Armed Forces, an
assessment of the ability of the Armed Forces to meet such
specified dwell times, and a specification of the readiness
levels needed for deployed and nondeployed forces.
(d) Deadline for Report; Interim Briefings.--
(1) Submittal to secretary of defense.--Not later than 180
days after the date on which the Secretary enters into the
contract described in subsection (b)(1), the organization with
which the Secretary contracts shall submit to the Secretary a
report containing the results of the review required pursuant
to subsection (a).
(2) Interim reports.--The organization shall provide the
Secretary such interim briefings as the Secretary considers
appropriate to assist the Department in the preparation of the
national defense strategy required by section 118 of title 10,
United States Code (as amended by section 1096 of this Act),
and the quadrennial roles and missions review required by
section 118b of such title.
(3) Transmittal to congress.--Not later than 90 days after
the date of the receipt of the report under paragraph (1), the
Secretary shall transmit the report to the congressional
defense committees, together with any comments on the report
that the Secretary considers appropriate. The report and such
comments shall be transmitted in unclassified form, but may
contain a classified annex.
SEC. 1079. ANNUAL REPORT ON OBSERVATION FLIGHTS OVER THE UNITED STATES
UNDER THE OPEN SKIES TREATY.
(a) Annual Report on Observation Flights.--
(1) In general.--Not less frequently than once each year,
the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the observation flights over
the United States under the Open Skies Treaty during the
previous year.
(2) Contents.--Each report required by paragraph (1) shall
include, for each observation flight described in such
paragraph covered by such report, the following:
(A) A description of the flight path of such
observation flight.
(B) An analysis of whether and the extent to which
any critical infrastructure of the United States or any
covered state party critical was the subject of image
capture activities of such observation flight.
(C) A description of the mitigation measures and
costs imposed on the Department of Defense or other
departments and agencies of the United States
Government by such observation flight.
(b) Upgrade Roadmap.--In the first report submitted under
subsection (a), the Secretary shall also include an upgrade roadmap for
the observation aircraft of the United States under the Open Skies
Treaty that are located at Offutt Air Force Base, Nebraska, and for any
analysis and support staff and equipment required in connection with
such aircraft.
(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 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 not the Russian Federation or Belarus.
(3) Observation flight; observation aircraft.--The terms
``observation flight'' and ``observation aircraft'' have the
meaning given such terms in Article II of the Open Skies
Treaty.
(4) Open skies treaty.--The term ``Open Skies Treaty''
means the Treaty on Open Skies, done at Helsinki March 24,
1992, and entered into force January 1, 2002.
SEC. 1080. 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. 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.
``(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.
``(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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 2 of such title is amended by adding at the end the following
new item:
``119a. Programs managed under alternative compensatory control
measures: congressional oversight.''.
SEC. 1081. 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. 1082. REPEAL OF DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS FOR
WHICH STATUTORY REQUIREMENT IS FROM AN AMENDMENT MADE BY
AN ANNUAL NATIONAL DEFENSE AUTHORIZATION ACT.
(a) Provisions of Title 10, United States Dode.--The following
provisions of title 10, United States Code, are repealed: sections
113(c)(2), 113(l), 115a, 115b(a), 118(a)(3), 127d(d), 129(f), 153(c),
179(f)(4) and (5)(B), 229(a), 235, 401(d), 428(f), 974(d)(3), 1705(f),
1722b(c), 2011(e), 2166(i), 2193b(g), 2218(h), 2225(e), 2249c(c),
2249d(f), 2262(d), 2263(b), 2306b(l)(4), 2313a, 2330a(c), 2330a(g),
2350j(f), 2410i(c) (second sentence), 2445b(a), 2475(a), 2506(b),
2537(b), 2561(c), 2564(e), 2674(a)(2), 2687a(a), 2687a(b)(4),
2687a(d)(2), 2711, 2831(e), 2859(c), 2861(d), 2866(b)(3), 2884(c),
2912(d), 4316, 4721(e), 5144(d)(2), 7310(c), 10504(b), 10543(a), and
10543(c).
(b) Other Provisions of Law.--The following provisions of law are
repealed:
(1) Section 9902(f)(2)(B) of title 5, United States Code.
(2) Section 509(k) of title 32, United States Code.
(3) Section 103a(b)(3) of the Sikes Act (16 U.S.C. 670c-
1(b)(3)).
(4) Section 1003(c) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928
note).
(5) Section 3002(c)(4) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3343(c)(4)).
SEC. 1083. REPEAL OF DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS FOR
WHICH STATUTORY REQUIREMENT IS SPECIFIED IN AN ANNUAL
NATIONAL DEFENSE AUTHORIZATION ACT.
(a) National Defense Authorization Act for Fiscal Years 1990 and
1991.--Section 211(e) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1394) is
repealed.
(b) National Defense Authorization Act for Fiscal Year 1991.--
Section 1518(e) of the National Defense Authorization Act for Fiscal
Year 1991 (24 U.S.C. 418(e)) is amended by striking paragraph (2).
(c) National Defense Authorization Act for Fiscal Year 1994.--
Section 1603 of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 2751 note) is amended by striking subsection (d).
(d) National Defense Authorization Act for Fiscal Year 2000.--
Section 366 of the National Defense Authorization Act for Fiscal Year
2000 (10 U.S.C. 113 note) is amended by striking subsection (f).
(e) National Defense Authorization Act for Fiscal Year 2002.--The
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107) is amended as follows:
(1) Section 346 (115 Stat. 1062) is amended by striking
subsection (b).
(2) Section 1008(d) (10 U.S.C. 113 note) is amended by
striking paragraph (2).
(f) Bob Stump National Defense Authorization Act for Fiscal Year
2003.--Section 817 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (10 U.S.C. 2306a note) is amended by striking
subsection (d).
(g) National Defense Authorization Act for Fiscal Year 2004.--
Section 1022 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 10 U.S.C. 371 note) is amended by striking
subsection (c).
(h) National Defense Authorization Act for Fiscal Year 2006.--The
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) is amended as follows:
(1) Section 123(d) (119 Stat. 3157) is amended by striking
paragraph (1).
(2) Section 218(c) (119 Stat. 3172) is amended by striking
paragraph (3).
(3) Section 1224 (10 U.S.C. 113 note) is repealed.
(i) John Warner National Defense Authorization Act for Fiscal Year
2007.--The John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) is amended as follows:
(1) Section 357 (22 U.S.C. 4865 note) is amended by
striking subsection (b).
(2) Section 1017 (120 Stat. 2379) is amended by striking
subsection (e).
(j) National Defense Authorization Act for Fiscal Year 2008.--The
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended as follows:
(1) Section 328(b) (10 U.S.C. 4544 note) is amended by
striking paragraph (1).
(2) Section 330 (122 Stat. 68) is amended by striking
subsection (e).
(3) Section 845 (5 U.S.C. App. 5 note) is repealed.
(k) Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009.--The Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417) is amended as follows:
(1) Section 943 (122 Stat. 4578) is amended by striking
subsection (e).
(2) Section 1014 (122 Stat. 4586), as most recently amended
by section 1023 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), is amended by striking
subsection (c).
(l) National Defense Authorization Act for Fiscal Year 2010.--
Section 121 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2212) is amended by striking
subsection (e).
(m) Ike Skelton National Defense Authorization Act for Fiscal Year
2011.--The Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383) is amended as follows:
(1) Section 112(b) (124 Stat. 4153) is amended by striking
paragraph (3).
(2) Section 243 (10 U.S.C. 2358 note) is amended by
striking subsection (c).
(3) Section 866(d) (10 U.S.C. 2302 note) is amended by
striking paragraph (1).
(4) Section 1054 (10 U.S.C. 113 note) is repealed.
(n) National Defense Authorization Act for Fiscal Year 2012.--The
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81) is amended as follows:
(1) Section 1081 (10 U.S.C. 168 note) is amended by
striking subsection (e).
(2) Section 1102 (5 U.S.C. 9902 note) is amended by
striking subsection (b).
(3) Section 1207 (22 U.S.C. 2151 note) is amended by
striking subsection (n).
(4) Section 2828 (10 U.S.C. 7291 note) is amended by
striking subsection (b).
(5) Section 2867 (10 U.S.C. 2223a note) is amended by
striking subsection (d).
(o) National Defense Authorization Act for Fiscal Year 2013.--The
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239) is amended as follows:
(1) Section 126 (126 Stat. 1657) is amended by striking
subsection (b).
(2) Section 144 (126 Stat. 1663) is amended by striking
subsection (c).
(3) Section 716 (10 U.S.C. 1074g note) is amended by
striking subsection (e).
(4) Section 865 (126 Stat. 1861) is repealed.
(5) Section 917 (126 Stat. 1878) is repealed.
(6) Section 921(c) (126 Stat. 1878), as amended by section
1622 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3632), is repealed.
(7) Section 955(d) (10 U.S.C. 129a note) is amended by
striking paragraph (2).
(8) Section 1009 (126 Stat. 1906) is amended by striking
subsection (a).
(9) Section 1079(c) (10 U.S.C. 221 note) is repealed.
(10) Section 1211(d)(3) (126 Stat. 1983), as amended by
section 1214(d) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 907), is
repealed.
(11) Section 1273 (22 U.S.C. 2421f) is amended by striking
subsection (d).
(12) Section 1276 (10 U.S.C. 2350c note) is amended by
striking subsection (e).
(p) National Defense Authorization Act for Fiscal Year 2014.--The
National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66) is amended as follows:
(1) Section 907 (10 U.S.C. 1564 note) is amended by
striking subparagraph (B) of subsection (c)(3).
(2) Section 923 (10 U.S.C. prec. 421 note) is amended by
striking subsection (b).
(3) Section 1107 (10 U.S.C. 2358 note) is amended by
striking subsection (g).
(4) Section 1203 (10 U.S.C. 2011 note) is amended by
striking subsection (e).
(5) Section 1249 (127 Stat. 925) is repealed.
(6) Section 1601 (10 U.S.C. 2533a note) is amended by
striking subsection (b).
(7) Section 1611 (127 Stat. 947) is amended by striking
subsection (d).
(8) Section 2916 (127 Stat. 1028) is amended by striking
subsection (b).
(q) Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015.--The Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291) is amended as follows:
(1) Section 232(e) (10 U.S.C. 2358 note) is repealed.
(2) Section 914 (5 U.S.C. 5911 note) is amended by striking
paragraphs (2) and (3) of subsection (d).
(3) Section 1026(d) (128 Stat. 3490) is amended by striking
paragraph (1).
(4) Section 1052(b) (128 Stat. 3497) is amended by striking
paragraph (2).
(5) Section 1204(b) (10 U.S.C. 2249e note) is repealed.
(6) Section 1205 (128 Stat. 3537) is amended by striking
subsection (e).
(7) Section 1206 (10 U.S.C. 2282 note) is amended by
striking subsection (e).
(8) Section 1207 (10 U.S.C. 2342 note) is amended by
striking subsection (d).
(9) Section 1209 (128 Stat. 3542) is amended by striking
subsection (d).
(10) Section 1236(d) (128 Stat. 3559), as amended by
section 1223(b)(1) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92), is repealed.
(11) Section 1268 (10 U.S.C. 9411 note) is amended by
striking subsection (g).
(12) Section 1275(b) (128 Stat. 3591) is amended by
striking ``and every 180 days thereafter'' and inserting ``and
every year thereafter''.
(13) Section 1325 (50 U.S.C. 3715) is amended by striking
subsection (e).
(14) Section 1341 (50 U.S.C. 3741) is repealed.
(15) Section 1342 (50 U.S.C. 3742) is repealed.
(16) Section 1534 (128 Stat. 3616) is amended by striking
subsection (g).
(17) Section 1607 (128 Stat. 3625) is amended by striking
subsection (b).
(18) Section 2821 (10 U.S.C. 2687 note) is amended by
striking subsection (a)(3).
(r) Conforming Repeal.--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) is repealed.
SEC. 1084. 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.
SEC. 1085. REPORT ON PRIORITIES FOR BED DOWNS, BASING CRITERIA, AND
SPECIAL MISSION UNITS FOR C-130J AIRCRAFT OF THE AIR
FORCE.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the Air Force Reserve Command contributes unique
capabilities to the total force, including all the weather
reconnaissance and aerial spray capabilities, and 25 percent of
the Modular Airborne Firefighting System capabilities, of the
Air Force; and
(2) special mission units of the Air Force Reserve Command
currently operate aging aircraft, which jeopardizes future
mission readiness and operational capabilities.
(b) Report on Priorities for C-130J Bed Downs, Basing Criteria, and
Special Mission Units.--Not later than February 1, 2017, the Secretary
of the Air Force shall submit to the congressional defense committees a
report on the following:
(1) The overall prioritization scheme of the Air Force for
future C-130J aircraft unit bed downs.
(2) The strategic basing criteria of the Air Force for C-
130J aircraft unit conversions.
(3) The unit conversion priorities for special mission
units of the Air Force Reserve Command, the Air National Guard,
and the regular Air Force, and the manner which considerations
such as age of airframes factor into such priorities.
(4) Such other information relating to C-130J aircraft unit
conversions and bed downs as the Secretary considers
appropriate.
Subtitle I--Other Matters
SEC. 1086. MILITARY SERVICE MANAGEMENT OF F-35 JOINT STRIKE FIGHTER
PROGRAM.
(a) Disestablishment of F-35 Joint Program Office.--
(1) In general.--Except as provided under subsection (d),
not later than 180 days after Milestone C approval for the F-35
Joint Strike Fighter program, the Secretary of Defense shall
disestablish the F-35 Joint Program Office and devolve relevant
responsibilities to the Department of the Air Force and the
Department of the Navy. The Department of the Air Force and the
Department of the Navy shall establish separate program offices
to manage the production, sustainment, and modernization of
their respective aircraft.
(2) Responsibilities of the department of the air force.--
The Department of the Air Force shall manage all aspects
related to the F-35A variant.
(3) Responsibilities of the department of the navy.--The
Department of the Navy shall manage all aspects related to the
F-35B and F-35C variants.
(4) Coordination.--The Department of the Air Force and the
Department of the Navy shall establish processes to coordinate
on F-35 Joint Strike Fighter issues where commonality exists.
(b) Report.--Not later than February 1, 2017, the Secretary of
Defense shall submit to the congressional defense committees a report
outlining the Department's plan for implementing the changes to
management of the F-35 Joint Strike Fighter program required under
subsection (a).
(c) GAO Review.--Not later than 90 days after the Secretary of
Defense submits the report and implementation plan required under
subsection (b), the Comptroller General of the United States shall
review the implementation plan and brief the congressional defense
committees on its findings.
(d) Waiver.--The Secretary of Defense may waive the requirements of
this section if the Secretary certifies to the congressional defense
committees that the current Joint Program Office management structure
is the optimal management structure for the F-35 Joint Strike Fighter
program, including a business case analysis demonstrating that the
current management structure is the optimal structure.
SEC. 1087. TREATMENT OF FOLLOW-ON MODERNIZATION FOR THE F-35 JOINT
STRIKE FIGHTER AS A MAJOR DEFENSE ACQUISITION PROGRAM.
(a) In General.--The Secretary of Defense shall treat the programs
referred to in subsection (b) for the F-35 Joint Strike Fighter as a
major defense acquisition program for which Selected Acquisition
Reports shall be submitted to Congress in accordance with the
requirements of section 2432 of title 10, United States Code.
(b) Covered Programs.--The programs referred to in this subsection
for the F-35 Joint Strike Fighter are the Block 4 Follow-on
Modernization and any future F-35 Joint Strike Fighter modernization
program that would otherwise, if a standalone program, qualify for
treatment as a major defense acquisition program for purposes of
chapter 144 of title 10, United States Code.
SEC. 1088. 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 the Navy
maintains--
``(1) a minimum of 9 carrier air wings; and
``(2) for each such carrier air wing, 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. 1089. STREAMLINING OF THE NATIONAL SECURITY COUNCIL.
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, 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 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 150
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 wholly in support or
administrative positions.''.
SEC. 1090. 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 ``in classified form, but may include
an unclassified summary''.
SEC. 1091. 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;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Committee on the Judiciary of the Senate;
and
(D) the Committee on the Judiciary of the House of
Representatives.
(2) Consequence delivery system.--The term ``Consequence
Delivery System'' means the series of consequences applied by
the Border Patrol to persons unlawfully entering the United
States 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; and
(B) is not a turn back and is not apprehended.
(4) Known migrant flow.--The term ``known migrant flow''
means the sum of the number of undocumented migrants--
(A) interdicted at sea;
(B) identified at sea, but not interdicted;
(C) that successfully entered the United States
through the maritime border; or
(D) not described in subparagraph (A), (B), or (C),
which 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--
(A) possession of illicit drugs;
(B) smuggling of prohibited products;
(C) human smuggling;
(D) weapons possession;
(E) use of fraudulent United States documents; or
(F) other offenses that are serious enough to
result in arrest.
(6) Situational awareness.--The term ``situational
awareness'' means knowledge and unified understanding of
current unlawful cross-border activity, including--
(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; and
(D) the operational capability to conduct
persistent and integrated surveillance of the
international borders of the United States.
(7) 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.
(8) Turn back.--The term ``turn back'' means an unlawful
border crosser who, after making an unlawful entry into the
United States, promptly returns to the country from which such
crosser entered.
(9) Unlawful border crossing effectiveness rate.--The term
``unlawful border crossing effectiveness rate'' means the
percentage that results from dividing--
(A) the number of apprehensions and turn backs; and
(B) the number of apprehensions, estimated unlawful
entries, turn backs, and got aways.
(10) 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 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
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--
(A) estimates, including recidivism data, survey
data, known-flow data, technologically-measured data,
and alternative methodologies considered appropriate by
the Secretary, of--
(i) total attempted unlawful border
crossings;
(ii) the rate of apprehension of attempted
unlawful border crossers; and
(iii) the number of unlawful entries;
(B) measurement of situational awareness achieved
in each Border Patrol sector;
(C) an unlawful border crossing effectiveness rate;
(D) a probability of detection, which compares the
estimated total unlawful border crossing attempts not
detected by the Border Patrol to the unlawful border
crossing effectiveness rate, as informed by
subparagraph (A);
(E) an illicit drugs seizure rate for drugs seized
by the Border Patrol, which compares the ratio of the
amount and type of illicit drugs seized by the Border
Patrol in any fiscal year to the average of the amount
and type of illicit drugs seized by the Border Patrol
in the immediately preceding 5 fiscal years;
(F) estimates of the impact of the Consequence
Delivery System on the rate of recidivism of unlawful
border crossers over multiple fiscal years; and
(G) an examination of each consequence referred to
in subparagraph (F), including--
(i) voluntary return;
(ii) warrant of arrest or notice to appear;
(iii) expedited removal;
(iv) reinstatement of removal;
(v) alien transfer exit program;
(vi) Operation Streamline;
(vii) standard prosecution; and
(viii) Operation Against Smugglers
Initiative on Safety and Security.
(2) Metrics consultation.--In developing the metrics
required under paragraph (1), the Secretary shall--
(A) consult with the appropriate components of the
Department of Homeland Security; and
(B) as appropriate, work with 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, to ensure that authoritative
data sources are utilized.
(3) Manner of collection.--The data used by the Secretary
of Homeland Security shall be collected and reported in a
consistent and standardized manner across all Border Patrol
sectors, informed by situational awareness.
(c) Metrics for Securing the Border at Ports of Entry.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
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--
(A) estimates, using alternative methodologies,
including survey data and randomized secondary
screening data, of--
(i) total attempted inadmissible border
crossings;
(ii) the rate of apprehension of attempted
inadmissible border crossings; and
(iii) the number of unlawful entries;
(B) the amount and type of illicit drugs seized by
the Office of Field Operations of U.S. Customs and
Border Protection at United States land, air, and sea
ports 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 5 fiscal years;
(D) the number of infractions related to travelers
and cargo committed by major violators who are
apprehended by the Office of Field Operations at ports
of entry, and the estimated number of such infractions
committed by major violators who are not apprehended;
(E) a measurement of how border security operations
affect crossing times, including--
(i) a wait time ratio that compares the
average wait times to total commercial and
private vehicular traffic volumes at each port
of entry;
(ii) an infrastructure capacity utilization
rate that measures traffic volume against the
physical and staffing capacity at each port of
entry;
(iii) a secondary examination rate that
measures the frequency of secondary
examinations at each port of entry; and
(iv) an enforcement rate that measures the
effectiveness of secondary examinations at
detecting major violators; and
(F) a cargo scanning rate that includes--
(i) a comparison of the number of high-risk
cargo containers scanned by the Office of Field
Operations at each United States seaport during
the fiscal year to the total number of high-
risk cargo containers entering the United
States at each seaport during the previous
fiscal year;
(ii) the percentage of all cargo that is
considered ``high-risk'' cargo; and
(iii) the percentage of high-risk cargo
scanned--
(I) upon arrival at a United States
seaport before entering United States
commerce; and
(II) before being laden on a vessel
destined for the United States.
(2) Metrics consultation.--In developing the metrics
required under paragraph (1), the Secretary shall--
(A) consult with the appropriate components of the
Department of Homeland Security; and
(B) as appropriate, work with 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, to ensure that authoritative
data sources are utilized.
(3) Manner of collection.--The data used by the Secretary
of Homeland Security shall be collected and reported in a
consistent and standardized manner across all field offices,
informed by situational awareness.
(d) Metrics for Securing the Maritime Border.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
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--
(A) situational awareness achieved in the maritime
environment;
(B) an undocumented migrant interdiction rate,
which compares the migrants interdicted at sea to the
total known migrant flow;
(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 Department of
Homeland Security's maritime security components in any
fiscal year to the average of the amount and type of
illicit drugs removed by the Department of Homeland
Security's maritime components for the immediately
preceding 5 fiscal years;
(D) 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 and 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; and
(E) an intergovernmental response rate, which
compares the ability of the maritime security
components of the Department of Homeland Security or
other United States Government entities to respond to
and resolve actionable maritime threats, whether inside
or outside the Western Hemisphere transit zone, by
targeting maritime threats in order to detect them, and
of those threats detected, the total number of maritime
threats interdicted or disrupted.
(2) Metrics consultation.--In developing the metrics
required under paragraph (1), the Secretary shall--
(A) consult with the appropriate components of the
Department of Homeland Security; and
(B) as appropriate, work with other agencies,
including the Drug Enforcement Agency, the Department
of Defense, and the Department of Justice, to ensure
that authoritative data sources are utilized.
(3) Manner of collection.--The data used by the Secretary
of Homeland Security shall be collected and reported in a
consistent and standardized manner, informed by situational
awareness.
(e) Air and Marine Security Metrics in the Land Domain.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall develop metrics, informed by situational awareness, to
measure the effectiveness of the aviation assets and operations
of the Office of Air and Marine of U.S. Customs and Border
Protection. The Secretary shall annually implement the metrics
developed under this subsection, which shall include--
(A) an effectiveness rate, which compares Office of
Air and Marine flight hours requirements to the number
of flight hours flown by such Office;
(B) a funded flight hour effectiveness rate, which
compares the number of funded flight hours appropriated
to the Office of Air and Marine to the number of actual
flight hours flown by such Office;
(C) a readiness rate, which compares the number of
aviation missions flown by the Office of Air and Marine
to the number of aviation missions cancelled by such
Office due to maintenance, operations, or other causes;
(D) the number of missions cancelled by such Office
due to weather compared to the total planned missions;
(E) the number of subjects detected by the Office
of Air and Marine through the use of unmanned aerial
systems and manned aircrafts;
(F) the number of apprehensions assisted by the
Office of Air and Marine through the use of unmanned
aerial systems and manned aircrafts;
(G) the number and quantity of illicit drug
seizures assisted by the Office of Air and Marine
through the use of unmanned aerial systems and manned
aircrafts; and
(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.--In developing the metrics
required under paragraph (1), the Secretary shall--
(A) consult with the appropriate components of the
Department of Homeland Security; and
(B) as appropriate, work with other departments and
agencies, including the Department of Justice, to
ensure that authoritative data sources are utilized.
(3) Manner of collection.--The data used by the Secretary
of Homeland Security shall be collected and reported in a
consistent and standardized manner, informed by situational
awareness.
(f) Data Transparency.--The Secretary of Homeland Security 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, academic
research, and law enforcement communities; and
(2) provide the Office of Immigration Statistics of the
Department of Homeland Security with unfettered access to the
data described in paragraph (1).
(g) Evaluation by the Government Accountability Office and the
Secretary of Homeland Security.--
(1) Metrics report.--
(A) Mandatory disclosures.--The Secretary of
Homeland Security shall submit an annual report
containing the metrics required under subsections (b)
through (e) and the data and methodology used to
develop such metrics to--
(i) the appropriate congressional
committees; and
(ii) the Comptroller General of the United
States.
(B) Permissible disclosures.--The Secretary of
Homeland Security, for the purpose of validation and
verification, may submit the annual report described in
subparagraph (A) to--
(i) the National Center for Border Security
and Immigration;
(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 sponsored by the Department
of Homeland Security.
(2) GAO report.--Not later than 270 days after receiving
the first report under paragraph (1)(A), and biennially
thereafter for the following 10 years, the Comptroller General
of the United States, shall submit a report to the appropriate
congressional committees that--
(A) analyzes the suitability and statistical
validity of the data and methodology contained in such
report; and
(B) includes recommendations to Congress 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 2025, the
Secretary of Homeland Security shall submit a ``State of the
Border'' report to the appropriate congressional committees
that--
(A) provides trends for each metric under
subsections (b) through (e) for the last 10 years, to
the extent possible;
(B) provides selected analysis into related aspects
of illegal flow rates, including legal flows and stock
estimation techniques; and
(C) includes any other information that the
Secretary determines appropriate.
(4) Metrics update.--
(A) In general.--After submitting the final report
to the Comptroller General under paragraph (2), the
Secretary of Homeland Security may reevaluate and
update any of the metrics required under subsections
(b) through (e) to ensure that such metrics--
(i) meet the Department of Homeland
Security's performance management needs; and
(ii) are suitable to measure the
effectiveness of border security.
(B) Congressional notification.--Not later than 30
days before updating the metrics under subparagraph
(A), the Secretary shall notify the appropriate
congressional committees of such updates.
SEC. 1092. CONSOLIDATION OF MARKETING OF THE ARMY WITHIN THE ARMY
MARKETING RESEARCH GROUP.
(a) Nature of Responsibility.--The marketing the Army, and each of
the components of the Army, is the responsibility of the Secretary of
the Army in the Secretary's duty as the principal officer responsible
for the authority, direction, and control of the Army and each of the
components of the Army.
(b) Consolidation Within AMRG.--
(1) Consolidation required.--Not later than October 1,
2017, the Secretary of the Army shall consolidate within the
Army Marketing Research Group 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.
(2) Report.--Not later than October 1, 2016, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth the
plan of the Secretary to carry out the consolidation required
by paragraph (1).
SEC. 1093. PROTECTION AGAINST MISUSE OF NAVAL SPECIAL WARFARE COMMAND
INSIGNIA.
(a) In General.--Chapter 663 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7882. Protection against misuse of insignia of Naval Special
Warfare Command
``(a) Protection Against Misuse.--Subject to subsection (b), no
person may use any covered Naval Special Warfare insignia in connection
with any promotion, good, service, or other commercial activity when a
particular use would be likely to suggest a false affiliation,
connection, or association with, endorsement by, or approval of, the
United States, the Department of Defense, or the Department of the
Navy.
``(b) Exception.--Subsection (a) shall not apply to the use of a
covered Naval Special Warfare insignia for purposes such as criticism,
comment, news reporting, analysis, research, or scholarship.
``(c) Treatment of Disclaimers.--Any determination of whether a
person has violated this section shall be made without regard to any
use of a disclaimer of affiliation, connection, or association with,
endorsement by, or approval of the United States Government, the
Department of Defense, the Department of the Navy, or any subordinate
organization thereof to the extent consistent with international
obligations of the United States.
``(d) Enforcement.--Whenever it appears to the Attorney General
that any person is engaged in, or is about to engage in, an act or
practice that constitutes or will constitute conduct prohibited by this
section, the Attorney General may initiate a civil proceeding in a
district court of the United States to enjoin such act or practice, and
such court may take such injunctive or other action as is warranted to
prevent the act, practice, or conduct.
``(e) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of the Navy to
register any symbol, name, phrase, term, acronym, or abbreviation
otherwise capable of registration under the provisions of the Act of
July 5, 1946, popularly known as the Lanham Act or the Trademark Act of
1946 (15 U.S.C. 1051 et seq.).
``(f) Covered Naval Special Warfare Insignia Defined.--In this
section, the term `covered Naval Special Warfare insignia' means any of
the following:
``(1) The Naval Special Warfare insignia comprising or
consisting of the design of an eagle holding an anchor,
trident, and flint-lock pistol.
``(2) The Special Warfare Combatant Craft Crewman insignia
comprising or consisting of the design of the bow and
superstructure of a Special Operations Craft on a crossed
flint-lock pistol and enlisted cutlass, on a background of
ocean swells.
``(3) Any colorable imitation of the insignia referred to
in paragraphs (1) and (2), in a manner which could reasonably
be interpreted or construed as conveying the false impression
that an advertisement, solicitation, business activity, or
product is in any manner approved, endorsed, sponsored, or
authorized by, or associated with, the United States
Government, the Department of Defense, or the Department of the
Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 663 of such title is amended by adding at the end the following
new item:
``7882. Protection against misuse of insignia of Naval Special Warfare
Command.''.
SEC. 1094. 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.
(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 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. 1095. 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. 1096. REPLACEMENT OF QUADRENNIAL DEFENSE REVIEW WITH NATIONAL
DEFENSE STRATEGY.
(a) Replacement of Quadrennial Review With National Defense
Strategy.--Section 118 of title 10, United States Code, is amended to
read as follows:
``Sec. 118. National defense strategy
``(a) Presentation of Defense Strategy.--
``(1) In general.--Except as provided in paragraph (5), in
January each year, the Secretary of Defense shall present to
the congressional defense committees a defense strategy for
such year. The strategy shall be known as the `national defense
strategy' for the year concerned.
``(2) Elements.--The defense strategy for a year shall
include the following:
``(A) The highest priority missions for the
Department of Defense.
``(B) The most critical and enduring threats to the
national security of the United States and its allies
posed by states or non-state actors, and the strategies
that the Department will employ to counter such threats
and provide for the national defense.
``(C) A strategic framework that conforms to
resource levels prescribed by the Secretary for the
manner in which the Department will prioritize among
the threats described in subparagraph (B) and the
missions specified pursuant to subparagraph (A),
allocate the resulting risks, and seek to mitigate such
risks.
``(D) The major investments in defense
capabilities, force readiness, global posture, and
technological innovation that the Department will make
over the following five-year period in accordance with
the strategic framework described in subparagraph (C).
``(3) Advice of chairman of jcs.--The Secretary shall seek
the military advice of the Chairman of the Joint Chiefs of
Staff in preparing each defense strategy required by this
subsection.
``(4) Form.--Each defense strategy under this subsection
shall be presented in classified form, and shall also include a
written unclassified summary.
``(5) Submittal in years of new administration.--In a year
following an election for President, which election results in
the President appointing a new Secretary of Defense, the
Secretary shall present the defense strategy required by this
subsection as soon as possible after appointment by and with
the advice and consent of the Senate.
``(b) National Defense Panel.--
``(1) Quadrennial panel required.--Not later than February
1 of a year following a year evenly divisible by four, there
shall be established an independent panel to be known as the
National Defense Panel (in this subsection referred to as the
`Panel').
``(2) Membership.--The Panel shall be composed of ten
members from private civilian life who are recognized experts
in matters relating to the national security of the United
States. Eight of the members shall be appointed as follows:
``(A) Two by the chair of the Committee on Armed
Services of the Senate.
``(B) Two by the chair of the Committee on Armed
Services of the House of Representatives.
``(C) Two by the ranking member of the Committee on
Armed Services of the Senate.
``(D) Two by the ranking member of the Committee on
Armed Services of the House of Representatives.
``(3) Co-chairs panel.--In addition to the members
appointed under paragraph (2), the Secretary of Defense shall
appoint two members of the Panel from private civilian life to
serve as co-chairs of the Panel.
``(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Panel. Any vacancy in the Panel
shall be filled in the same manner as the original appointment.
``(5) First meeting.--If the Secretary of Defense has not
made appointments to the Panel under paragraph (3) by March 1
of a year in which the Panel is established, the Panel shall
convene for its first meeting with its other members on that
date.
``(6) Receipt of national defense strategy.--The national
defense strategy under subsection (a) for a year in which the
Panel is established under this subsection shall be submitted
to the Panel by the Secretary not later than March 1 of such
year.
``(7) Duties.--The Panel shall have the following duties:
``(A) Assessing the current national defense
strategy submitted to the Panel pursuant to paragraph
(5).
``(B) Identifying any changes in domestic or
international circumstances that could undermine or
limit the effectiveness of the national defense
strategy.
``(C) Assessing the key assumptions on which the
national defense strategy is based.
``(D) Evaluating the efforts of the Department of
Defense to mitigate risks in connection with the
strategic framework and choices in the national defense
strategy.
``(E) Assessing the extent to which the current
annual budget, future-years defense program, and other
critical activities of the Department align with the
national defense strategy.
``(F) Considering alternative national defense
strategies.
``(G) Providing to the Secretary and Congress, in
the report required by paragraph (8), any
recommendations the Panel considers appropriate for
consideration.
``(8) Report.--Not later than November 1 of each year in
which the Panel is established, the Panel shall submit to the
Secretary and the congressional defense committees a report on
the results of the discharge of the duties of the Panel in that
year under paragraph (7). The report shall be submitted to the
congressional defense committees in an unclassified summary,
but shall also include with such summary the full report in a
classified annex.
``(9) Administrative provisions.--The following
administrative provisions apply to a Panel:
``(A) The Panel may request directly from the
Department and any of its components such information
as the Panel considers necessary to carry out its
duties under this subsection. The head of the
department or agency concerned shall cooperate with the
Panel to ensure that information requested by the Panel
under this paragraph is promptly provided to the
maximum extent practical.
``(B) Upon the request of the co-chairs, the
Secretary shall make available to the Panel the
services of any Federally funded research and
development center that is covered by a sponsoring
agreement of the Department of Defense.
``(C) The Panel shall have the authorities provided
in section 3161 of title 5, and shall be subject to the
conditions set forth in such section.
``(D) Funds for activities of the Panel shall be
derived from amounts available to the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 2 of such title is amended by striking the item relating to
section 118 and inserting the following new item:
``118. National defense strategy.''.
SEC. 1097. 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);
``(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 the provisions of chapter 87 of title 10.''.
(2) 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) 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
``(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.
``(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 General 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;
``(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) Other individuals as determined
appropriate 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.
``(6) Committee duration.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Council.''.
(2) Report required.--Not later than 1 year after the date
of 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) Definition.--In this subsection, the term ``agency''
means each agency described in section 901(b) of title 31,
United States Code.
(2) Regulations required.--Not later than 180 days after
the date on which the standards, policies, and guidelines are
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 Government Accountability Office 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).
TITLE XI--CIVILIAN PERSONNEL MATTERS
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:
``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 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 is amended by striking the item relating to
section 115b.
SEC. 1103. 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. 1104. PERSONNEL AUTHORITIES RELATED TO THE DEFENSE ACQUISITION
WORKFORCE.
(a) Replacement for Acquisition Demonstration Program.--Chapter 87
of title 10, United States Code, is amended by inserting after section
1762 the following new section.
``Sec. 1763. Special system of personnel authorities related to the
acquisition workforce
``(a) Authority.--The Secretary of Defense may establish, and from
time to time adjust, a special system of personnel programs under the
authorities provided by this section for employees in the acquisition
workforce of the Department of Defense and supporting personnel
assigned to work directly with the acquisition workforce.
``(b) Covered Employees.--
``(1) In general.--The Secretary of Defense may determine
which employees who meet the requirements in subparagraphs (A)
and (B) of subsection (k)(1) are covered by system established
under this section, subject to the requirements in subsection
(i).
``(2) Notice and wait of coverage of categories of
employees.--A determination by the Secretary under paragraph
(1) to cover a category of employees under a system established
under this section may not take effect until--
``(A) a general notice of the proposed coverage is
provided to affected employees; and
``(B) a period of 30 days has elapsed from the date
of the notice, during which those employees (for their
representatives) shall be provided an opportunity to
provide comments.
``(c) Classification and Rates of Basic Pay.--The Secretary of
Defense may determine classification and fix rates of basic pay for
covered employees without regard to chapter 51 and subchapter III of
chapter 53 of title 5, subject to the following requirements:
``(1) Broadband or classification levels under the system
shall be linked to specific levels of the General Schedule and
associated minimum and maximum rates of basic pay.
``(2) Rates of basic pay fixed under this subsection may
not exceed the maximum rate of basic pay for a position at GS-
15 of the General Schedule under section 5332 of title 5,
except for a retained rate established under section 3594 or
5363 of such title.
``(3) Covered employees shall receive locality-based
comparability payments under section 5304 of title 5 on the
same basis as if they were in a General Schedule position, with
rates of basic pay fixed under this subsection treated as
scheduled rates of basic pay.
``(4) A covered employee shall be treated as if the covered
employee is in a General Schedule position for the purposes of
determining eligibility under the following provisions of title
5:
``(A) The pay retention provisions in sections
5363-5366.
``(B) Section 5545(d) (relating to eligibility for
hazardous duty differentials).
``(C) Sections 5753-5755 (relating to recruitment,
relocation, and retention bonuses, and supervisory
differentials).
``(D) Section 5941 (relating to allowances based on
living costs and environmental conditions for employees
stationed in parts of the United States outside the
continental United States or Alaska).
``(d) Performance Management Appraisals and Adverse Actions.--In
applying the provisions of chapter 43 (relating to performance
appraisal), chapter 45 (relating to incentive awards), and chapter 75
(relating to adverse actions) of title 5 to a covered employee, the
Secretary of Defense--
``(1) shall exclude from the provisions in chapters 43 and
75 dealing with a reduction in grade any reduction in broadband
or classification level under the system established under this
section, if such reduction in broadband or classification level
is the result of a covered employee's rate of basic pay falling
below the minimum rate of basic pay for the level to which the
covered employee is assigned (because the covered employee did
not receive the full amount of an increase in the rate of basic
pay based on inadequate performance or contributions); and
``(2) may provide awards that are integrated within the
system of providing performance-based or contribution-based
salary adjustments without regard to the limitations on awards
in subsections (a) and (b) of section 4502.
``(e) Authority To Waive Certain Provisions of Law.--In applying
the provisions of chapter 31 (relating to employment), chapter 33
(relating to examination, selection, and placement, chapter 43
(relating to performance appraisals), chapter 71, and chapter 75 of
title 5 to a covered employee, the Secretary of Defense may act without
regard to the following provisions:
``(1) Section 3111 (relating to acceptance of volunteer
service), to the extent necessary to allow volunteer service
under the provisions of a voluntary emeritus program
established by the Secretary for covered employees.
``(2) Section 3308 (relating to examination for the
competitive service), to the extent necessary to accommodate
the requirement for a college degree appointment as part of a
scholastic achievement program established by the Secretary for
covered employees.
``(3) Section 3317(a) (relating to competitive service
registers) and section 3318(a) (relating to competitive service
selection).
``(4) Subchapter I of chapter 33 (other than sections 3303
and 3328), to the extent necessary to structure streamlined
external recruitment and appointment programs that afford the
swiftest and best access to qualified candidates for direct
appointment to positions covered by this chapter.
``(5) Section 3341(b) (relating to details within executive
or military departments).
``(6) Section 4304(b) (relating to OPM review of agency
performance appraisal systems).
``(7) Sections 7105(a)(2)(E), 7114, and 7116, to the extent
those provisions are inconsistent with this section or would
prohibit the Department or a labor organization from
unilaterally terminating negotiations over whether the system
will apply to employees represented by a labor organization or
would allow for review of such a termination.
``(8) Section 7119 (relating to negotiation impasses and
the Federal Service Impasses Panel), to the extent it gives the
Federal Service Impasses Panel jurisdiction to resolve impasses
referred to it by either party or both parties during or after
implementation of the system.
``(9) Section 7512(4) (relating to adverse actions), to the
extent necessary to exclude a conversion from a General
Schedule position for which a special rate of pay is in effect
under section 5305, or similar provision of law, to a rate of
pay under the system that does not result in a reduction in the
covered employee's total rate of pay.
``(f) Status of Certain Volunteers.--A volunteer under a voluntary
emeritus program established by the Secretary of Defense for covered
employees shall be considered to be an employee of the Federal
Government for the purposes specified in section 1588(d) of this title.
``(g) Authority To Waive Certain Opm Regulations.--The Secretary of
Defense may waive application of regulations of the Office of Personnel
Management to a system established under this section to the same
extent that such regulations were waived for the demonstration project
that applied to certain employees in the Department of Defense
acquisition workforce under section 1762 of this title as of the day
before the date of the enactment of this section.
``(h) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the system of personnel programs established
under this section.
``(i) Labor Organizations.--
``(1) In general.--An employee within a unit with respect
to which a labor organization is accorded exclusive recognition
under chapter 71 of title 5 shall not be covered by a system
established under this section unless the labor organization
and the Department of Defense have entered into a written
agreement covering participation in such system.
``(2) New units for labor organization representation.--If
a labor organization is accorded exclusive recognition for a
newly recognized unit that includes employees who are
designated as covered employees before being included in an
appropriate unit under section 7112 of title 5, the labor
organization has the right to determine that affected employees
(including vacant positions) will be removed from such system
and placed under the system that would otherwise apply, under
applicable law and regulation. If a labor organization notifies
the Secretary of Defense in writing of its determination to
remove such an employee (or vacant position) from a system
established under this section, the removal may not take effect
earlier than 6 months after the date of the receipt by the
Secretary of the written notification, unless there is an
agreement by the labor organization and the Secretary for an
earlier date.
``(3) Limitation on scope of negotiations.--For purposes of
section 7117(a)(1) of title 5, the duty to bargain in good
faith with a labor organization regarding a matter arising
under a system established under this section shall not extend
to any matter relating to the establishment of rates of pay or
any other matter which is the subject of any regulation of the
Secretary regarding the system in the same manner as if the
regulation were a Government-wide regulation.
``(4) Limitation on appeals.--Section 7117(c) of title 5
does not apply to a determination by the Secretary that a
matter is the subject of regulations prescribed under this
section by the Secretary.
``(j) Status of Employees Moving Out of System.--An employee who,
while continuously employed, moves from a position as a covered
employee to a General Schedule position--
``(1) shall be treated as if the employee were in a General
Schedule position immediately before such movement for the
purpose of applying the promotion provision in section 5334(b)
of such title; and
``(2) shall be converted to an equivalent level of the
General Schedule and rate of basic pay immediately before such
movement, under regulations prescribed by the Director of the
Office of Personnel Management, for the purpose of applying
paragraph (1).
``(k) Definitions.--In this section:
``(1) The term `covered employee' means an employee who--
``(A) is--
``(i) in the acquisition workforce of the
Department of Defense; or
``(ii) is a supporting employee assigned to
work directly with the acquisition workforce;
``(B) would be in a General Schedule position,
except for the exercise of the authority under this
section; and
``(C) is designated by the Secretary of Defense to
be covered under a system established under this
section in accordance with subsection (b).
``(2) The term `General Schedule position' means a position
to which subchapter III of chapter 53 of title 5 applies.''.
(b) Repeal of ACQDemo Statue.--Section 1762 of such title is
repealed.
(c) Clerical Amendment.--The table of sections at the beginning of
subchapter V of chapter 87 of such title is amended by striking the
item relating to section 1762 and inserting the following new item:
``1763. Special system of personnel authorities related to the
acquisition workforce.''.
(d) Transition Provisions.--
(1) Continuity of acqdemo system.--The system established
under the demonstration project authority under section 1762 of
title 10, United States Code, as in effect on the day before
the date of the enactment of this Act, shall be considered a
system established under section 1763 of title 10, United
States Code, as added by subsection (a).
(2) Continuity of acqdemo regulations.--The demonstration
project plan published in the Federal Register under section
1762 of title, United States Code, for the Department of
Defense acquisition workforce, as in effect on the day before
the date of the enactment of this Act, shall be considered to
be a regulation prescribed by the Secretary of Defense under
subsection (h) of section 1763 of title 10, United States Code,
as so added. The provisions of such plan related to the
conversion of employees back to the General Schedule pay system
shall not apply, except as necessary to allow for possible
application of the General Schedule promotion rule in section
5334(b) of title 5, United States Code, pending the issuance of
regulation under subsection (j)(2) of section 1763, as so
added.
(3) Continuity of covered employees.--The categories of
employees covered on the day before the day of the enactment of
this Act by the demonstration project referred to in paragraph
(1) shall be covered by a system established by the Secretary
under section 1763 of title 10, United States Code, as so
added, without regard to subsection (b) of that section.
(e) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month beginning
more than 60 days after the date of the enactment of this Act.
SEC. 1105. 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.
(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. 1106. DIRECT-HIRE AUTHORITY FOR THE DEPARTMENT OF DEFENSE FOR
POST-SECONDARY STUDENTS AND RECENT GRADUATES.
(a) Hiring Authority.--For purposes of sections 3304, 5333, and
5753 of title 5, United States Code, the Secretary of Defense may
recruit and appoint qualified recent graduates and current post-
secondary students to positions within the Department of Defense.
(b) Limitation on Appointments.--Subject to subsection (c)(2), the
total number of employees appointed by the Secretary under 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.
(d) Sunset.--The authority in this section terminates on the date
that is four years after the date on which the Secretary first appoints
a recent graduate or current post-secondary student to a position under
this section.
(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. PUBLIC-PRIVATE TALENT EXCHANGE.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599g. Public-private exchange
``(a) Assignment Authority.--The Secretary of Defense may, with the
agreement of the private-sector organization concerned, arrange for the
temporary assignment of a Department of Defense employee to such
private-sector organization, or from such private-sector organization
to a Department organization under this section.
``(b) Agreements.--
``(1) In general.--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 an employee of the
Department, upon completion of the assignment, will
serve in the Department, or elsewhere in the civil
service if approved by the Secretary, for a period
equal to the length of the assignment; and
``(B) shall provide that if the employee of the
Department or the private-sector organization (as the
case may be) fails to carry out the agreement, the
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.
``(2) Treatment of employee liability.--An amount for which
an employee is liable under paragraph (1) shall be treated as a
debt due the United States.
``(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) In general.--Except as provided in paragraph (2), an
assignment under this section shall be for a period of not less
than three months and not more than two years.
``(2) Exception to meet critical mission or program
requirements.--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) 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) may continue to receive pay and benefits from the
private-sector organization from which such employee is
assigned;
``(2) is deemed to be an employee of the Department for the
purposes of--
``(A) chapter 73 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; and
``(3) may 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.
``(f) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge the
Department of Defense 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 the
Department under this section for the period of the assignment.
``(g) Considerations.--In carrying out this section, the Secretary
of Defense shall take into consideration 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
81 of such title is amended by adding at the end the following new
item:
``1599g. Public-private exchange.''.
SEC. 1108. 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) through (j) as
subsections (h) through (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''.
SEC. 1109. INCREASE IN MAXIMUM AMOUNT OF VOLUNTARY SEPARATION INCENTIVE
PAY AUTHORIZED FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT
OF DEFENSE.
Section 9902(f)(5)(A)(ii) of title 5, United States Code, is
amended by striking ``$25,000'' and inserting ``an amount determined by
the Secretary, not to exceed $40,000''.
SEC. 1110. 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).
SEC. 1111. PILOT PROGRAMS ON CAREER SABBATICALS FOR DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military department
may carry out one or more pilot programs under which civilian
employees of the Department of Defense under the jurisdiction
of such Secretary are permitted periods of recess of not more
than one year from full-time employment by the Department in
order to meet personal, familial, or professional needs and
return to their full-time civilian employment by the Department
at the end of such periods of recess without loss of civil
service status or privilege.
(2) Purpose.--The purpose of the pilot programs is to
assess whether permitting periods of recess from civilian
employment for civilian employees of the Department provides an
effective means of enhancing retention of civilian employees of
the Department and the capacity of the Department to respond to
the personal, familial, and professional needs of individual
members of its civilian workforce.
(b) Ineligible Employees.--A civilian employee of the Department is
not eligible to participate in a pilot program under this section
during any period of service required of the employee--
(1) during the initial probationary period before the
appointment of the employee in the competitive service becomes
final; or
(2) in connection with any recruitment, retention, or
relocation bonus, incentive payment, or other additional
payment for employment received by the employee pursuant to a
provision of title 5 or 10, United States Code, or any other
provision of law.
(c) Participation.--
(1) In general.--Civilian employees of a military
department shall be selected for participation in pilot
programs of the military department under this section by the
Secretary of the military department in accordance with such
procedures as the Secretary of Defense shall establish for
purposes of the pilot programs.
(2) Limitation on number of participants.--Not more than
300 civilian employees of each military department may be
selected during each of calendar years 2017 through 2022 to
participate in pilot programs under this section.
(d) Period of Recess From Civilian Employment.--
(1) Period or recess.--The period of recess from civilian
employment by the Department under a pilot program under this
section of an employee participating in the pilot program shall
be such period as the Secretary of the military department
concerned shall specify in the agreement of the employee under
subsection (e), except that such period may not exceed one
year.
(2) Period not creditable toward retirement benefits.--Any
period of recess of a civilian employee of the Department under
a pilot program shall not count as creditable service for
purposes of chapter 83 or 84 of title 5, United States Code.
(3) Continuation of enrollment in health benefits plans.--A
civilian employee of the Department who undertakes a period of
recess from full-time employment under a pilot program shall,
at the election of the employee, be treated as an employee in
nonpay status during such period of recess for purposes of
section 890.303(e) of title 5, Code of Federal Regulations
(relating to continuation in enrollment in Federal health
benefits plans), as such section is in effect on December 15,
2015, for purposes of the eligibility of the employee and any
dependents of the employee for enrollment in a Federal health
benefits plan.
(4) Continuation of life insurance.--A civilian employee of
the Department who undertakes a period of recess from full-time
employment under a pilot program shall be treated as an
employee in nonpay status during such period of recess for
purposes of continuation of life insurance under the Federal
Employees' Group Life Insurance Program without requirement for
employee premium payments under section 870.508(a) of title 5,
Code of Federal Regulations, or agency premium payments under
section 870.404(c) of title 5, Code of Federal Regulations, as
such sections are in effect on December 31, 2015.
(e) Agreement.--
(1) In general.--Each civilian employee of the Department
who participates in a pilot program under this section shall
enter into a written agreement with the Secretary of the
military department concerned under which agreement such
employee shall agree as follows:
(A) To undergo during each period of the recess of
such employee from full-time employment by the
Department under the pilot program such skills training
as the Secretary shall require in order to ensure that
such employee retains proficiency, at a level
determined by the Secretary to be sufficient, in such
employee's professional qualifications and
certifications.
(B) Following completion of a period of the recess
of such civilian employee under the pilot program, to
serve two months as a civilian employee of the
Department on a full-time basis for each month of such
period of the recess of such employee under the pilot
program.
(2) Notice on obligated service.--Each employee entering
into an agreement under this subsection for purposes of a pilot
program shall be notified at the time of entry into the
agreement of the obligated service required of the employee as
a result of a period of recess from full-time employment by the
Department under the pilot program pursuant to paragraph
(1)(B).
(f) Terms and Conditions of Release for Period of Recess.--A
civilian employee of the Department who participates in a pilot program
under this section shall be eligible for periods of release from full-
time employment by the Department under the pilot program in accordance
with such terms and conditions as are specified in the agreement of the
employee under subsection (e). Such terms and conditions shall conform
to guidelines issued by the Secretary of Defense for purposes of the
pilot programs under this section.
(g) Involuntary Return to Full-time Employment.--
(1) In general.--Under guidelines issued by the Secretary
of the military department concerned for the purpose of pilots
programs of such military department under this section, a
civilian employee of the Department who is in a period of
recess from full-time employment by the Department under a
pilot program may, at the election of Secretary and without the
consent of the employee, be required to return to full-time
employment by the Department at any time during such period of
recess.
(2) Guidelines and procedures.--The circumstances under
which a civilian employee may be required to return to full-
time employment pursuant to paragraph (1), and the procedures
applicable to requiring such return, shall be specified in
guidelines issued by the Secretary of Defense for purposes of
the pilot programs.
(h) Pay and Allowances.--
(1) Prohibition on receipt of basic pay and allowances.--
While undertaking a period of recess from full-time employment
by the Department under a pilot program under this section, a
civilian employee of the Department is not entitled to any pay
or allowances otherwise payable to the employee under title 5
or 10, United States Code.
(2) Prohibition on receipt of special and incentive pays.--
While undertaking a period of recess from employment under a
pilot program, an employee may not be paid any special or
incentive pay or bonus to which the employee would otherwise
entitled under an employment agreement under a provision of
title 5 or 10, United States Code, or any other provision of
law, that is in force when the employee commences such period
of recess.
(3) Revival of special pays upon return to full-time
department employment.--
(A) Revival required.--Subject to subparagraph (B),
upon the return of an employee to full-time employment
by the Department after completion by the employee of a
period of recess from employment under a pilot
program--
(i) any employment agreement entered into
by the employee under a provision of law
referred to in paragraph (2) for the payment of
a special or incentive pay or bonus that was in
force when the employee commenced such period
of recess shall be revived, with the term of
such agreement after revival being the period
of the agreement remaining to run when the
employee commenced such period of recess; and
(ii) any special or incentive pay or bonus
shall be payable to the employee in accordance
with the terms of the agreement described in
clause (i) for the term specified in that
clause.
(B) Limitations.--
(i) Limitations at time of return to full-
time department employment.--Subparagraph (A)
shall not apply to any special or incentive pay
or bonus otherwise covered by that subparagraph
with respect to an employee if, at the time of
the return of the employee to full-time
employment as described in that subparagraph--
(I) such pay or bonus is no longer
authorized by law; or
(II) the employee does not satisfy
eligibility criteria for such pay or
bonus as in effect at the time of the
return of the employee to full-time
employment by the Department.
(ii) Cessation during later service.--
Subparagraph (A) shall cease to apply to any
special or incentive pay or bonus otherwise
covered by that subparagraph with respect to an
employee if, during the term of the revived
agreement of the employee under subparagraph
(A)(i), such pay or bonus ceases being
authorized by law.
(C) Repayment.--An employee who is ineligible for
payment of a special or incentive pay or bonus
otherwise covered by this paragraph by reason of
subparagraph (B)(i)(II) shall be subject to the
requirements for repayment of such pay or bonus in
accordance with the terms of the applicable employment
agreement of the employee under a provision of law
referred to in paragraph (2).
(D) Construction of required service.--Any service
required of an employee under an agreement covered by
this paragraph after the employee returns to full-time
employment by the Department as described in
subparagraph (A) shall be in addition to any service
required of the employee under an agreement under
subsection (e).
(i) Reports.--
(1) Interim reports.--Not later than June 1, 2018, each
Secretary of a military department shall submit to the
congressional defense committees a report on the implementation
and current status of the pilot programs carried out by such
Secretary under this section.
(2) Final report.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot programs carried out under
this section.
(3) Elements of report.--The interim reports under
paragraph (1) and the final report under paragraph (2) shall
include the following:
(A) A description of each pilot program covered by
such report, including a description of the number of
applicants for participation in such pilot program and
the criteria used to select applicants for
participation in such pilot program.
(B) An assessment by the Secretary submitting such
report of the pilot programs covered by such report,
including an evaluation of the following:
(i) Whether the authorities of this section
provided an effective means of enhancing the
retention of civilian employees of the
Department possessing critical skills, talents,
and leadership abilities.
(ii) Whether the career progression in the
Department of civilian employees who
participated in the pilot programs has been or
will be adversely affected.
(iii) Whether the pilot programs were
useful in responding to the personal, familial,
and professional needs of individual civilian
employees of the Department.
(C) Such recommendations for legislative or
administrative action as the Secretary submitting such
report considers appropriate for the modification or
continuation of the pilot programs covered by such
report.
(j) Duration of Authority.--
(1) Commencement.--The authority to carry out a pilot
program under this section shall commence on January 1, 2017.
(2) Cessation.--No civilian employee of the Department may
be granted a period of recess from full-time employment by the
Department under a pilot program under this section after
December 31, 2022.
SEC. 1112. LIMITATION ON NUMBER OF SES EMPLOYEES.
(a) Definition of Covered SES Employee.--In this section:
(1) In general.--The term ``covered SES employee'' means an
employee of the Department of Defense--
(A) who is serving in a Senior Executive Service
position, as defined under section 3132(a)(2) of title
5, United States Code; and
(B) subject to paragraph (2), who is not serving in
such position under an appointment as a highly
qualified expert under section 9903 of title 5, United
States Code.
(2) Maximum number of highly qualified experts.--Not more
than 200 employees may be excluded under paragraph (1)(B) for
purposes of determining the number of covered SES employees.
(b) Limitation.--On and after January 1, 2019, the number of
covered SES employees may not exceed the number equal to the product
obtained by multiplying--
(1) number of covered SES employees on December 31, 2015;
and
(2) 0.75.
SEC. 1113. NO TIME LIMITATION FOR APPOINTMENT OF RELOCATING MILITARY
SPOUSES.
Section 3330d(c) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(3) No time limitation.--A relocating spouse of a member
of the Armed Forces may receive an appointment under this
section with no time limitation for eligibility from the date
of such member's permanent change of station orders.''.
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 1107 of this Act, is further
amended by adding at the end the following new section:
``Sec. 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 15 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 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, 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 (5
U.S.C. 3104 note) is repealed.
(c) 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 (as in effect on the day before such date) shall remain
employed under section 1599h of title 105, United States Code
(as added by subsection (a)), after 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 (as so in effect).
SEC. 1122. PERMANENT EXTENSION AND MODIFICATION OF TEMPORARY
AUTHORITIES FOR CERTAIN POSITIONS AT DEPARTMENT OF
DEFENSE RESEARCH AND ENGINEERING LABORATORIES.
(a) Increase of Appointment Ceiling for Students Enrolled in
Scientific and Engineering Programs.--Subsection (c)(3) of section 1107
of the National Defense Authorization Act for Fiscal Year 2014 (10
U.S.C. 2358 note) is amended by striking ``3 percent'' and inserting
``10 percent''.
(b) Permanent Authorities.--
(1) In general.--Such section is further amended by
striking subsection (e).
(2) Appointment of senior scientific technical managers.--
Subsection (f) of such section is amended by striking paragraph
(3).
(c) Repeal of Annual Reporting Requirement.--Such section is
further amended by striking subsection (g).
(d) Conforming Amendments.--Such section is further amended--
(1) by transferring subsection (d) so as to appear after
subsection (h); and
(2) by redesignating subsections (f), (h), and (d) (as so
transferred) as subsections (d), (e), and (f), respectively.
SEC. 1123. DIRECT HIRE AUTHORITY FOR SCIENTIFIC AND ENGINEERING
POSITIONS FOR TEST AND EVALUATION FACILITIES OF THE MAJOR
RANGE AND TEST FACILITY BASE.
(a) In General.--The Secretary of Defense may, acting through the
Director of Operational Test and Evaluation and the Directors of the
test and evaluation facilities of the Major Range and Test Facility
Base of the Department of Defense, appoint qualified candidates
possessing an advanced degree to scientific and engineering positions
within the Office of the Director of Operational Test and Evaluation
and the test and evaluation facilities of the Major Range and Test
Facility Base 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.
(b) Limitation on Number.--
(1) In general.--Authority under this section may not, in
any calendar year and with respect to the Office of the
Director of Operational Test and Evaluation or any test and
evaluation facility, be exercised with respect to a number of
candidates greater than the number equal to 3 percent of the
total number of scientific and engineering positions within the
Office or such facility that are filled as of the close of the
fiscal year last ending before the start of such calendar year.
(2) Nature of appointment.--For purposes of this
subsection, any candidate appointed to a position under this
section shall be treated as appointed on a full-time equivalent
basis.
(c) Termination.--The authority to make appointments under this
section shall not be available after December 31, 2021.
(d) Major Range and Test Facility Base Defined.--In this section,
the term ``Major Range and Test Facility Base'' means the test and
evaluation facilities that are designated by the Secretary as
facilities and resources comprising the Major Range and Test Facility
Base of the Department.
SEC. 1124. PERMANENT AUTHORITY FOR THE TEMPORARY EXCHANGE OF
INFORMATION TECHNOLOGY PERSONNEL.
(a) Permanent Authority.--Subsection (d) of section 1110 of the
National Defense Authorization Act for Fiscal Year 2010 (5 U.S.C. 3702
note) is amended by striking ``; however'' and all that follows and
inserting a period.
(b) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 1110. PROGRAM FOR TEMPORARY EXCHANGE OF INFORMATION TECHNOLOGY
PERSONNEL.''.
SEC. 1125. 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.
(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, of
basic pay at rates fixed under this section before that date
for positions whose terms 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. 1126. 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 Under
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)''.
Subtitle C--Government-Wide Matters
SEC. 1131. EXPANSION OF PERSONNEL FLEXIBILITIES RELATING TO LAND
MANAGEMENT AGENCIES TO INCLUDE ALL AGENCIES.
(a) In General.--Chapter 96 of title 5, United States Code, is
amended as follows:
(1) In section 9601, by striking paragraph (1) and
inserting the following:
``(1) the term `agency' has the meaning given the term in
section 101 of title 31; and''.
(2) In section 9602--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``a land management
agency'' and inserting ``an agency'';
(II) by inserting after
``appointment in the competitive
service'' the following: ``or a time-
limited appointment under section
306(b)(1) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C.
5149(b)(1))''; and
(III) 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 agency when the
agency is accepting applications from
individuals within the agency's
workforce under merit promotion
procedures, or any agency when the
agency is accepting applications from
individuals outside its own workforce
under the merit promotion procedures of
the applicable agency,'';
(ii) in paragraph (1), by inserting after
``chapter 33'' the following: ``, or under
section 306(b)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5149(b)(1)) (regardless of the
competitive nature of the appointment),''; and
(iii) in paragraph (2)--
(I) by striking ``a land management
agency'' and inserting ``an agency'';
(II) by striking ``more than'' and
inserting ``not less than''; and
(III) by inserting before the
semicolon the following: ``, or, in the
case of an employee appointed under
section 306(b)(1) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149(b)(1))
and serving under an intermittent,
time-limited appointment, has been
deployed for a period or periods
totaling not less than 4,160 hours
within a 48-month period without a
break of 2 or more years''; and
(B) in subsection (d), in the matter preceding
paragraph (1)--
(i) by striking ``a land management
agency'' and inserting ``an agency''; and
(ii) by inserting ``of the agency from
which the former employee was most recently
separated'' after ``deemed a time-limited
employee''.
(b) Conforming Amendments.--
(1) Chapter heading.--The heading of chapter 96 of such
title is amended to read as follows:
``CHAPTER 96--PERSONNEL FLEXIBILITIES FOR FEDERAL AGENCIES''.
(2) Table of chapters.--The table of chapters for part III
of such title is amended by striking the item relating to
chapter 96 and inserting the following new item:
``96. Personnel Flexibilities for Federal Agencies.......... 9601''.
SEC. 1132. 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. 1133. APPOINTMENT AUTHORITY FOR UNIQUELY QUALIFIED PREVAILING RATE
EMPLOYEES.
Section 5343 of title 5, United States Code, is amended by adding
at the end the following:
``(g)(1) The head of an agency may appoint an individual to a
position in accordance with regulations prescribed under paragraph (2)
at such a rate of basic pay above the minimum rate of the appropriate
grade as the Office of Personnel Management may authorize.
``(2) The Office of Personnel Management may prescribe regulations
that authorize the head of an agency to exercise the authority under
paragraph (1) in the case of--
``(A) an unusually large shortage of qualified candidates
for employment;
``(B) unique qualifications of a candidate for employment;
or
``(C) a special need of the Government for the services of
a candidate for employment.''.
SEC. 1134. LIMITATION ON PREFERENCE ELIGIBLE HIRING PREFERENCES FOR
PERMANENT EMPLOYEES IN THE COMPETITIVE SERVICE.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended--
(1) in section 3309--
(A) in the matter preceding paragraph (1), by
striking ``A preference eligible'' and inserting ``(a)
Additional Points.--Except as provided in subsection
(b), a preference eligible''; and
(B) by adding at the end the following:
``(b) Additional Points Only for First Appointment.--If a
preference eligible is selected for a permanent position in the
competitive service after the application of subsection (a) or the
application of section 3319(b), the preference eligible shall not be
awarded any additional points under subsection (a) with respect to a
subsequent examination for any position in the competitive service.'';
(2) in section 3319--
(A) in subsection (b), in the first sentence, by
striking ``Within'' and inserting ``Except as provided
in subsection (d), within''; and
(B) by striking subsection (d) and inserting the
following:
``(d) If a preference eligible is selected for a permanent position
in the competitive service after the application of subsection (b) or
the application of section 3309(a), such individual shall not be listed
ahead of individuals who are not preference eligibles due to the
application of subsection (b) on a subsequent list under this section
for any position in the competitive service.''; and
(3) in section 3320, by striking ``3318'' and inserting
``3319''.
(b) Technical and Conforming Amendment.--Section 703 of the
District of Columbia Government Comprehensive Merit Personnel Act of
1978 (sec. 1-607.3, D.C. Official Code) is amended by striking
``3309(1)'' each place it appears and inserting ``3309(a)(1)''.
SEC. 1135. AUTHORITY FOR ADVANCEMENT OF PAY FOR CERTAIN EMPLOYEES
RELOCATING WITHIN THE UNITED STATES AND ITS TERRITORIES.
(a) Coverage.--Subsection (a) of section 5524a of title 5, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The head of each agency may provide for the advance payment
of basic pay, covering not more than 2 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 an area not covered by section 5927.''.
(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 to read as follows:
``Sec. 5524a. Advance payments for new appointees and for certain
current employees relocating within the United States and
its territories''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 55 of such
title is amended to read as follows:
``5524a. Advance payments for new appointees and for certain current
employees relocating within the United
States and its territories.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 1136. ELIMINATION OF THE FOREIGN EXEMPTION PROVISION IN REGARD TO
OVERTIME FOR FEDERAL CIVILIAN EMPLOYEES TEMPORARILY
ASSIGNED TO A FOREIGN AREA.
(a) In General.--Section 5542 of title 5, United States Code, is
amended by adding at the end the following:
``(h) Notwithstanding section 13(f) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 213(f)), an employee who is working at a location in
a foreign country, or in a territory under the jurisdiction of the
United States to which the exemption under such section 13(f) applies,
in temporary duty travel status while maintaining an official duty
station or worksite in an area of the United States that is not
exempted under such section 13(f) shall not be considered, for all
purposes, to be exempted from section 7 of such Act (29 U.S.C. 207) on
the basis of the employee performing work at such a location.''.
(b) Federal Wage System Employees.--Section 5544 of title 5, United
States Code, is amended by adding at the end the following:
``(d) Notwithstanding section 13(f) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 213(f)), an employee whose overtime pay is
determined in accordance with subsection (a) who is working at a
location in a foreign country, or in a territory under the jurisdiction
of the United States to which the exemption under such section 13(f)
applies, in temporary duty travel status while maintaining an official
duty station or worksite in an area of the United States that is not
exempted under such section 13(f) shall not be considered, for all
purposes, to be exempted from section 7 of such Act (29 U.S.C. 207) on
the basis of the employee performing work at such a location.''.
(c) Conforming Repeal.--Section 5542(a) of title 5, United States
Code, is amended by striking paragraph (6).
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''.
Subtitle D--Other Matters
SEC. 1151. 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 any commander or
head of an agency, component, or systems command of the Department of
Defense at the level of lieutenant general or vice admiral, or above,
or civilian equivalent thereof.
(c) Waiver of Collection of Receipts.--The commander or head of an
agency, component, or systems command to which the authority pursuant
to subsection (a) is delegated pursuant to subsection (b) may waive any
requirement for the submittal of receipts by travelers of such agency,
component, or systems command for the purpose of receiving the full per
diem rate pursuant to subsection (a) if the commander or head
personally certifies that requiring such travelers to submit receipts
for that purpose will negatively affect mission performance, create an
undue administrative burden, or result in significant additional
administrative processing costs for such agency, component, or systems
command.
(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.
SEC. 1152. 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 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''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. THREE-YEAR EXTENSION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM.
(a) Extension of Program Generally.--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(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1042), is further amended in subsections (a), (b),
and (f) by striking ``fiscal year 2016'' and inserting ``fiscal years
2017, 2018, and 2019''.
(b) Extension and Expansion of Authority for Payments To Redress
Injury and Loss in Iraq.--Section 1211(d) of the National Defense
Authorization Act for Fiscal Year 2016 is amended--
(1) in the subsection heading, by striking ``Iraq'' and
inserting ``Afghanistan, Iraq, and Syria'';
(2) in paragraph (1)--
(A) by striking ``fiscal year 2016'' and inserting
``fiscal years 2017, 2018, and 2019''; and
(B) by striking ``Iraq'' and inserting
``Afghanistan, Iraq, or Syria''; and
(3) in paragraph (3), by striking ``in fiscal year 2016''
and inserting ``in a fiscal year in which the authority in this
subsection is in effect''.
SEC. 1202. INCREASE IN SIZE OF THE SPECIAL DEFENSE ACQUISITION FUND.
(a) Increase in Size.--Effective on October 1, 2016, section
114(c)(1) of title 10, United States Code, is amended by striking
``$1,070,000,000'' and inserting ``$2,000,000,000''.
(b) 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 amendment made by subsection (a), 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) Annual spending plan.--Not later than August 1 each
year, 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 the fiscal year beginning in the
year in which such report is submitted.
(3) Quarterly updates.--Not later than 30 days after the
end of each fiscal quarter, 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 quarter.
(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 1252(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. 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 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) Limitation.--Of the funds available for support under this
section in a fiscal year, not more than $10,000,000 may be used for
support in connection with any particular military operation.
``(d) 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.
``(e) 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.
``(f) 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.
``(g) 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)).
``(h) Annual Report.--
``(1) Report required.--The Secretary shall submit to the
congressional defense committees each year a report on support
provided under this section during the fiscal year ending in
the preceding calendar year.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) A description of supported operations.
``(B) A summary of operations.
``(C) The type of recipients that received support,
identified by authorized category (foreign forces,
irregular forces, groups, or individuals).
``(D) The total amount obligated in such fiscal
year, 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.
``(G) A description of support or training provided
to the recipients of support.
``(H) A value assessment of the operational support
provided.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title 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. 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 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 United States and Cuba until the Secretary, in
coordination with the Director of National Intelligence, submits to
Congress written assurances 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) Exception.--The prohibition in subsection (a) shall not apply
to any joint or multilateral exercise or operation related to
humanitarian assistance or disaster response.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. 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)--
(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. 1212. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT.
(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 amended by striking ``fiscal year 2016'' and inserting
``fiscal year 2017''.
(b) Military Operations Covered.--Such section 1233 is further
amended in subsection (a)(1), by striking ``in Iraq or in Operation
Enduring Freedom in Afghanistan'' and inserting ``in Afghanistan, Iraq,
or Syria''.
(c) Limitation on Amounts Available.--Subsection (d)(1) of such
section 1233, 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 fiscal year 2017 may not exceed $350,000,000''; and
(2) by striking the last sentence
(d) Treatment of 2016 Unobligated Balances.--Of the $100,000,000
made available pursuant to section 1212(f) of the National Defense
Authorization Act for Fiscal Year 2016, amounts that are unobligated as
of September 30, 2016, shall continue to be available in fiscal year
2017 for the purposes specified in such section, in addition to the
total amount of reimbursements and support authorized for Pakistan
during fiscal year 2017 pursuant to section 1233(d)(1) of the National
Defense Authorization Act for Fiscal Year 2008, as amended by this
section.
(e) Repeal Authority for Other Support.--Subsection (b) of section
1233 of the National Defense Authorization Act for Fiscal Year 2008, as
most recently amended by section 1212 of the National Defense
Authorization Act for Fiscal Year 2016, is repealed.
SEC. 1213. 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 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 $40,000,000, by the Commander of United
States Forces-Afghanistan.
(C) 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 (C) 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. 1214. REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCEMENT
ACTIVITIES.
(a) Authority.--
(1) In general.--The Secretary of Defense is authorized to
reimburse Pakistan for certain activities meant to enhance the
security situation in the northwest regions of Pakistan,
including the Federally Administered Tribal Areas and Khyber
Pakhtunkhwa.
(2) Funds available.--Reimbursement under the authority of
this subsection may be provided from amounts available to the
Department of Defense for the Security Cooperation Enhancement
Fund under section 381 of title 10, United States Code (as
added by subtitle G of this title).
(3) Citation.--This section may be referred to as the
``Pakistan Security Enhancement Authorization''.
(b) Activities.--Reimbursement may be provided under the authority
in subsection (a) for activities as follows:
(1) Counterterrorism activities in the Federally
Administered Tribal Areas and Khyber Pakhtunkhwa, including the
following:
(A) Eliminating infrastructure, training areas, and
sanctuaries used by terrorist groups, and preventing
the establishment of new or additional infrastructure,
training areas, and sanctuaries.
(B) Direct action against individuals that are
involved in or supporting terrorist activities.
(C) Any other activity recognized by the Secretary
of Defense as a counterterrorism activity for purposes
of this subsection.
(2) Border security activities along the Afghanistan-
Pakistan border, including the following:
(A) Building and maintaining border outposts.
(B) Strengthening cooperative efforts between the
Pakistan military and the Afghan National Defense and
Security Forces, including border security cooperation.
(C) Maintaining access to and securing key ground
lines of communication.
(D) Providing training and equipment for the
Pakistan Frontier Corps Khyber Pakhtunkhwa.
(E) Improving interoperability between the Pakistan
military and the Pakistan Frontier Corps Khyber
Pakhtunkhwa.
(c) Limitations.--
(1) In general.--Funds available under the authority in
subsection (a) may not be used for reimbursement for any
activities described in subsection (b) during any period of
time when the ground lines of communication through Pakistan to
Afghanistan were closed to the transshipment of equipment and
supplies in support of United States military operations in
Afghanistan and the retrograde of United States equipment out
of Afghanistan.
(2) Waiver.--The Secretary may waive the limitation in
paragraph (1) if the Secretary of Defense certifies to the
congressional defense committees in writing that the waiver is
in the national security interests of the United States and
includes with such certification a justification for the
waiver.
(3) Amount.--The total amount of reimbursements made under
the authority in subsection (a) during fiscal year 2017 may not
exceed $800,000,000.
(4) Prohibition on contractual obligations to make
payments.--The Secretary may not enter into any contractual
obligation to make a reimbursement under the authority in
paragraph (1).
(d) Additional Limitation on Reimbursement of Pakistan Pending
Certification.--Of the funds available under the authority in
subsection (a), $300,000,000 shall not be available for use as
reimbursement described in that subsection unless the Secretary of
Defense certifies to the congressional defense committees that the
Government of Pakistan is taking demonstrable actions--
(1) to significantly disrupt the safe haven and freedom of
movement of the Haqqani Network in Pakistan;
(2) to prevent the Haqqani Network from using Pakistan
territory as a safe haven; and
(3) to actively coordinate with the Government of
Afghanistan to restrict the movement of militants, such as the
Haqqani Network, along the Afghanistan-Pakistan border.
(e) Amounts of Reimbursement.--Reimbursement authorized by the
authority in subsection (a) may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of State
and in consultation with the Director of the Office of Management and
Budget, may determine, based on documentation determined by the
Secretary of Defense to adequately account for the activities
undertaken.
(f) Report.--Not later than December 31, 2017, the Secretary of
Defense shall submit to the congressional defense committees a report
on the expenditure of funds under the authority in subsection (a),
including a description of the following:
(1) The purpose for which such funds were expended.
(2) 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.
(3) Any limitation imposed on the expenditure of funds
under subsection (a), including on any recipient of funds or
any use of funds expended.
(g) Notice to Congress.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense shall notify the congressional defense
committees not later than 15 days before making any
reimbursement under the authority in subsection (a).
(2) Exception.--The requirement to provide notice under
paragraph (1) shall not apply with respect to reimbursement for
access based on an international agreement.
(3) Elements.--Each notification under paragraph (1) shall
include an itemized description of the activities conducted by
the Government of Pakistan for which the United States will
provide reimbursement.
(4) Form.--Each notification under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(h) Information on Claims Disallowed or Deferred by the United
States.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees, in the manner specified
in paragraph (2), an itemized description of the costs claimed
by the Government of Pakistan for activities specified in
subsection (b) 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) Manner of submittal.--
(A) In general.--To the maximum extent practicable,
the Secretary shall submit each itemized description of
costs required by paragraph (1) not later than 180 days
after the date on which a decision to disallow or defer
reimbursement for the costs claimed is made.
(B) Form.--Each itemized description of costs under
subparagraph (A) shall be submitted in an unclassified
form, but may include a classified annex.
SEC. 1215. 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.
(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) 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.
Subtitle C--Matters Relating to Syria and Iraq
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO THE VETTED SYRIAN OPPOSITION.
(a) Notice on New Initiatives.--
(1) In general.--Subsection (f) 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), 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 to read as follows:
``(f) Notice to Congress Before Initiation of New Initiatives.--Not
later than 30 days before initiating a new initiative under subsection
(a), the Secretary of Defense shall submit to the appropriate
congressional committees a notice setting forth the following:
``(1) The initiative to be carried out, including a
detailed description of the assistance provided.
``(2) The budget, implementation timeline and anticipated
delivery schedule for the assistance to which the initiative
relates, the military department responsible for management and
the associated program executive office, and the completion
date for the initiative.
``(3) The amount, source, and planned expenditure of funds
to carry out the initiative.
``(4) Any financial or other support for the initiation
provided by foreign governments.
``(5) Any other information with respect to the initiative
that the Secretary considers appropriate.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to new initiatives initiated under
section 1209 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 on or
after the date that is 30 days after the date of the enactment
of this Act.
(b) Extension of Authority.--Subsection (a) of such section is
amended by striking ``December 31, 2016'' and inserting ``December 31,
2019''.
SEC. 1222. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE
ISLAMIC STATE OF IRAQ AND THE LEVANT.
(a) In General.--Section 1236(a) 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, 2019''.
(b) Additional Assessment on Certain Actions by Government of
Iraq.--Subsection (l)(1)(A) 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 by striking ``120 days
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2016'' and inserting ``each of March 25, 2016, and
the date that is 120 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2017''.
SEC. 1223. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Extension.--Subsection (f)(1) of section 1215 of the National
Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is
amended by striking ``fiscal year 2016'' and inserting ``fiscal year
2017''.
(b) Amount Available.--Such section is further amended--
(1) in subsection (c), by striking ``fiscal year 2016'' and
all that follows and inserting ``fiscal year 2017 may not
exceed $60,000,000''; and
(2) in subsection (d), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017''.
Subtitle D--Matters Relating to Iran
SEC. 1226. ADDITIONAL ELEMENTS IN THE ANNUAL REPORT ON THE MILITARY
POWER OF IRAN.
Section 1245(b)(3) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2542), as most recently
amended by section 1231(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1057), is further
amended--
(1) by striking subparagraph (F) and inserting the
following new subparagraph (F):
``(F) an assessment of Iran's cyber capabilities,
including an assessment of Iran's ability to mask its
cyber operations through the use of proxies, irregular
forces, the Iranian Revolutionary Guard Corps, and
other actors;''; and
(2) by adding at the end the following new subparagraph:
``(H) an assessment of any assistance to,
assistance from, or cooperation by Iran with other
countries and non-state actors to increase cyber
capabilities.''.
Subtitle E--Matters Relating to the Russian Federation
SEC. 1231. 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
(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, the following shall be available for purposes
of subsection (a):
``(1) For fiscal year 2016, $300,000,000.
``(2) For fiscal year 2017, $500,000,000.''.
(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) in paragraph (1), by inserting ``for a fiscal year''
after ``pursuant to subsection (a)'';
(2) in paragraph (2), by striking ``pursuant to subsection
(a)'' and all that follows and inserting ``pursuant to
subsection (a) for a fiscal year, the amount as follows shall
be available only for lethal assistance described in paragraphs
(2) and (3) of subsection (b) in that fiscal year:
``(A) In fiscal year 2016, $50,000,000.
``(B) In fiscal year 2017, $150,000,000.'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``Other
purposes'' and inserting ``Availability for non-ukraine
purposes of certain amount otherwise available for
ukraine defensive lethal assistance'';
(B) in the matter preceding subparagraph (A), by
striking the first sentence and inserting the following
new sentence: ``Subject to paragraph (5), the amount
described in paragraph (2)(B) for fiscal year 2017
shall be available for purposes other than assistance
and support described in subsection (a) commencing on
the date that is 90 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2017 if the Secretary of Defense, with the
concurrence of the Secretary of State, determines that
the use of such amount for lethal assistance described
in paragraphs (2) and (3) of subsection (b) is not in
the national security interests of the United
States.''; and
(C) in subparagraph (B), by striking ``or the
Government of Ukraine''; and
(4) by adding at the end the following new paragraphs:
``(4) Availability for non-ukraine purposes of certain
amount otherwise available for ukraine generally.--
``(A) In general.--If the certification described
in subparagraph (B) is not made to the congressional
defense committees by the end of the 90-day period
beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2017,
commencing as of the end of that period $250,000,000 of
the amount available for this section for fiscal year
2017 under subsection (f) shall be available in
accordance with paragraph (5)(B).
``(B) Certification.--A certification described in
this subparagraph 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 to decrease corruption, increase
accountability, and sustain improvements of combat
capability enabled by such security assistance. The
certification shall include an assessment of the
substantial actions taken to make defense institutional
reforms and the areas in which additional action is
needed.
``(5) Use.--In the event funds described in paragraph
(2)(B) are not used in fiscal year 2017 for defensive lethal
assistance described in paragraphs (2) and (3) of subsection
(b) by reason of a determination under paragraph (3), and funds
described in paragraph (4) are available under that paragraph
in that fiscal year by reason of the lack of a certification
described in paragraph (4)(B), of the amount available for this
section under subsection (f) for fiscal year 2017--
``(A) $250,000,000 may be used for assistance and
support described in subsection (a) for the Government
of Ukraine; and
``(B) $250,000,000 may be used for purposes
described in paragraph (3), of which not more than
$150,000,000 may be used for such purposes for a
particular foreign country.
``(6) Notice to congress.--Not later than 15 days before
providing assistance or training under paragraph (3), (4), or
(5), 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.
``(B) A detailed description of the assistance or
training to be provided, including--
``(i) the objectives of such assistance or
training;
``(ii) the budget for such assistance or
training; and
``(iii) the expected or estimated timeline
for delivery of such assistance or training.
``(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 training 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, 2019''.
(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 ``December 31, 2020''.
SEC. 1232. EXTENSION AND MODIFICATION OF AUTHORITY ON TRAINING FOR
EASTERN EUROPEAN NATIONAL MILITARY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
(a) Additional Source of Funding.--Subsection (d)(2) 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
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 under
Land Forces Operations Support for the European
Reassurance Initiative for that fiscal year.''.
(b) Two-year Extension.--Subsection (h) of such section is
amended--
(1) by striking ``September 30, 2017'' and inserting
``September 30, 2019''; and
(2) by striking ``through 2017'' and inserting ``through
2019''.
SEC. 1233. ADDITIONAL MATTERS IN ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.
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) in subsection (b)--
(A) by redesignating paragraphs (10) through (18)
as paragraphs (11) through (19), respectively;
(B) by inserting after paragraph (9) the following
new paragraph:
``(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.'';
(C) by striking paragraph (13), as redesignated by
subparagraph (A), and inserting the following new
paragraph:
``(13) An analysis of the nuclear strategy and associated
doctrine of Russia, based on current assessments, including--
``(A) the capacity, capability, and readiness of
Russia's active and inactive strategic and tactical
nuclear systems;
``(B) the estimated minimum and maximum flight
ranges of each of Russia's active and inactive
strategic and tactical nuclear systems;
``(C) an assessment of whether Russia's SAM and ABM
systems possess surface-to-surface launch capability,
and if so, an estimate of the minimum and maximum
surface-to-surface flight range of these systems; and
``(D) an assessment of Russia's investments in
alternative delivery systems, including--
``(i) air-launched ICBMs;
``(ii) rail-mobile ICBMs; and
``(iii) nuclear-armed, nuclear-powered
unmanned underwater vehicles, including the
Maritime Multifunctional System Status-6
(Kanyon).''; and
(D) in subparagraph (B) of paragraph (17), as
redesignated by subparagraph (A) of this paragraph, by
striking ``day'' and inserting ``month'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) 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
Department of Defense website.''; and
(4) in subsection (g), as redesignated by paragraph (3), by
striking ``2018'' and inserting ``2022''.
SEC. 1234. EUROPEAN INVESTMENT IN SECURITY AND STABILITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the North Atlantic Treaty Organization (NATO) allies
and European partners of the United States are indispensable to
addressing global security challenges;
(2) the security and stability of Europe is an enduring
vital national security interest of the United States;
(3) while the investments of the United States are
important to the security and stability of Europe, the
investments of North Atlantic Treaty Organization allies and
European partners in developing and employing their own
security capabilities should meet or exceed such investments of
the United States, including in efforts such as the European
Deterrence Initiative;
(4) Congress expects an increase in the forward presence of
the military forces of the North Atlantic Treaty Organization
allies and European partners, especially by the most capable
North Atlantic Treaty Organization allies; and
(5) the forces described in paragraph (4) must be
interoperable with the additional United States troops in
Eastern Europe, as enabled by the European Deterrence
Initiative, and are a critical component of the forward
presence of the North Atlantic Treaty Organization to provide
improved collective security and increased effective
deterrence.
(b) Accounting of European Investment.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall present to the congressional defense committees an accounting of
European investment in security capabilities including current and
planned efforts to contribute to global security operations such as
maintaining security and stability in Afghanistan and countering the
Islamic State of Iraq and the Levant, programs and projects designed to
deter Russia and maintain the security and stability of Europe, and any
other initiative that matches or compliments the efforts the United
States is making (such as the European Deterrence Initiative).
(c) Elements.--The accounting presented pursuant to subsection (b)
shall include the following:
(1) A summary of the major outcomes of the 2014 NATO Wales
Summit and the 2016 NATO Warsaw Summit including progress
towards fulfilment of pledges to increase defense spending as
agreed to by Heads of State and Government.
(2) A description of initiatives by other members of the
North Atlantic Treaty Organization and European partners to--
(A) deter security challenges posed by Russia;
(B) increase capabilities to respond to
unconventional or hybrid warfare tactics such as those
used by the Russian Federation to annex Crimea and
foment instability in Eastern Ukraine;
(C) enhance security in Europe in ways that match
or exceed United States contributions to conventional
deterrence in the region;
(D) contribute to the counter-Islamic State of Iraq
and the Levant campaign and the North Atlantic Treaty
Organization-led mission in Afghanistan; and
(E) counter terrorism elsewhere in Europe and
Africa.
(3) Any other matters the Secretary of Defense considers
appropriate.
SEC. 1235. SENSE OF SENATE ON EUROPEAN DETERRENCE INITIATIVE.
It is the sense of the Senate that--
(1) the European Deterrence Initiative will bolster efforts
to deter further Russian aggression by providing resources to--
(A) train and equip the military forces of North
Atlantic Treaty Organization (NATO) and non-North
Atlantic Treaty Organization partners in order to
improve responsiveness, expand expeditionary
capability, and strengthen combat effectiveness across
the spectrum of security environments;
(B) enhance the indications and warning,
interoperability and logistics capabilities of Allied
and partner military forces to increase their ability
to respond to external aggression, defend their
sovereignty and territorial integrity, and preserve
regional stability; and
(C) improve the agility and flexibility of military
forces required to address threats across the full
spectrum of domains and effectively operate in a wide
array of coalition operations across diverse global
environments from North Africa and the Middle East to
Eastern Europe and the Arctic;
(2) investments that support the security and stability of
Europe and that assist European nations in further developing
their security capabilities are in the long-term vital national
security interests of the United States; and
(3) funds for such efforts should be authorized and
appropriated in the base budget of the Department of Defense in
order to ensure continued and planned funding to address long-
term stability on the European continent, reassure our European
allies and partners, and deter further Russian aggression.
Subtitle F--Matters Relating to Asia-Pacific Region
SEC. 1241. 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.
SEC. 1242. INCLUSION OF THE PHILIPPINES AMONG ALLIED COUNTRIES WITH
WHOM UNITED STATES MAY ENTER INTO COOPERATIVE MILITARY
AIRLIFT AGREEMENTS.
Section 2350c(d)(1)(B) of title 10, United States Code, is amended
by inserting ``the Philippines,'' after ``Japan,''.
SEC. 1243. MILITARY EXCHANGES BETWEEN THE UNITED STATES AND TAIWAN.
(a) Military Exchanges Between Senior Officers and Officials of the
United States and Taiwan.--
(1) In general.--The Secretary of Defense shall 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.
(2) Exchanges described.--For the purposes of this
subsection, 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.
(3) Focus of exchanges.--The exchanges under the program
carried out pursuant to paragraph (1) shall include exchanges
focused on the following:
(A) Threat analysis.
(B) Military doctrine.
(C) Force planning.
(D) Logistical support.
(E) Intelligence collection and analysis.
(F) Operational tactics, techniques, and
procedures.
(G) Humanitarian assistance and disaster relief.
(4) Civil-military affairs.--The exchanges under the
program carried out pursuant to paragraph (1) shall include
activities and exercises focused on civil-military relations,
including parliamentary relations.
(5) Location of exchanges.--The exchanges under the program
carried out pursuant to paragraph (1) shall be conducted in
both the United States and Taiwan.
(6) Definitions.--In this subsection:
(A) The term ``senior military officer'', with
respect to the Armed Forces, means a general or flag
officer of the Armed Forces on active duty.
(B) 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.
(b) Sense of Senate on Participation of Taiwan in Certain Advanced
Aerial Combat Training Exercises.--It is the sense of the Senate that--
(1) the military forces of Taiwan, in accordance with the
Taiwan Relations Act (Public Law 96-8), should be permitted to
participate in bilateral training activities hosted by the
United States that increase the credible deterrent capabilities
of Taiwan;
(2) Taiwan should be extended an invitation to participate
in advanced aerial combat training exercises alongside the
United States Air Force upon the completion of the upgrades to
the 45 F-16A/B fighter aircraft of Taiwan; and
(3) to maintain a high state of readiness, Taiwan must
strive to invest at least 3 percent of its annual gross
domestic product on defense.
SEC. 1244. SENSE OF SENATE ON TAIWAN.
It is the sense of the Senate that the United States should
strengthen and enhance its long-standing partnership and strategic
cooperation with Taiwan, and reinforce its commitment to the Taiwan
Relations Act and the ``Six Assurances'' as both countries work toward
mutual security objectives, by--
(1) conducting regular transfers of defense articles and
defense services necessary to enable Taiwan to secure common
interests and objectives with the United States;
(2) supporting the efforts of Taiwan to integrate
innovative and asymmetric capabilities to balance the growing
military capabilities of the People's Republic of China,
including fast-attack craft, coastal-defense cruise missiles,
rapid-runway repair training, and undersea warfare capabilities
optimized for the defense of the Taiwan Straits;
(3) assisting Taiwan in building an effective air defense
capability consisting of a balance of fighters and more mobile
air defense systems; and
(4) permitting Taiwan to participate in bilateral training
activities hosted by the United States that increase the
credible deterrent capabilities of Taiwan.
SEC. 1245. SENSE OF SENATE ON ENHANCEMENT OF THE MILITARY RELATIONSHIP
BETWEEN THE UNITED STATES AND VIETNAM.
It is the sense of the Senate that--
(1) removing the prohibition on the sale of lethal military
equipment to the Government of Vietnam at this time would
further United States national security interests;
(2) any future sale of arms by the United States Government
to the Government of Vietnam should be monitored to ensure
that--
(A) the Government of Vietnam is continuing to make
progress on human rights; and
(B) the arms sold are not being used in ways that
violate the human rights and freedoms of civilians in
Vietnam; and
(3) the United States Government should continue to expand
the military-to-military relationship with the Government of
Vietnam, including by--
(A) increasing participation in bilateral and
multilateral naval exercises;
(B) increasing naval port visits by the United
States, including at Cam Ranh Bay and Da Nang, Vietnam;
(C) increasing International Military Education and
Training (IMET) and Expanded-IMET (E-IMET) programs for
military officers of Vietnam;
(D) establishing bilateral arrangements to support
increased cooperation on humanitarian assistance and
disaster relief and joint personnel accounting
cooperative activities; and
(E) seeking opportunities to promote military
observation and participation by Vietnam in regional
exercises such as the Rim of the Pacific (RIMPAC)
exercise, the COBRA GOLD multinational exercises held
in Thailand, and the BALIKITAN exercise of the United
States and the Philippines.
SEC. 1246. 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. 1247. MILITARY-TO-MILITARY EXCHANGES WITH INDIA.
To enhance military cooperation and encourage engagement in joint
military operations between the United States and India, the Secretary
of Defense may take appropriate actions to ensure that exchanges
between senior military officers and senior civilian defense officials
of the Government of India and the United States Government--
(1) are at a level appropriate to enhance engagement
between the militaries of the two countries for developing
threat analysis, military doctrine, force planning, logistical
support, intelligence collection and analysis, tactics,
techniques, and procedures, and humanitarian assistance and
disaster relief;
(2) include exchanges of general and flag officers; and
(3) significantly enhance joint military operations,
including maritime security, counter-piracy, counter-terror
cooperation, and domain awareness in the Indo-Asia-Pacific
region.
Subtitle G--Reform of Department of Defense Security Cooperation
SEC. 1251. SENSE OF CONGRESS ON SECURITY SECTOR ASSISTANCE.
It is the sense of Congress that--
(1) United States security sector assistance is aimed at
strengthening the ability of United States allies and partner
nations to build their own security capacity, consistent with
the principles of good governance and rule of law;
(2) in an environment of limited resources and diverse
security challenges, it is essential that the United States be
selective and focus targeted assistance where it can be most
effective and where it is most aligned with broader foreign
policy and national security objectives of the United States;
(3) the goals of United States security sector assistance
are to--
(A) help partner nations build sustainable capacity
to address common security challenges;
(B) promote partner support for United States
interests;
(C) promote universal values, such as good
governance, citizen security, and respect for human
rights;
(D) strengthen collective security and
multinational defense arrangements and organizations;
and
(E) promote the adoption of United States products
and technology, which increases interoperability and
interdependence;
(4) the Department of State is the coordinator of United
State foreign policy, and is responsible for policy direction
on all matters relating to security sector assistance;
(5) the Department of Defense provides critical
implementing support to the Department of State on security
assistance programs, and conducts critical security cooperation
programs of its own;
(6) other United States Government agencies, such as the
United States Agency for International Development, the
Department of Treasury, the Department of Justice, and the
Department of Homeland Security, also play critical roles in
executing a whole-of-government approach to security sector
assistance;
(7) security sector assistance must be discharged as a
shared responsibility across all departments and agencies of
the United States Government, with all departments and agencies
operating with a shared commitment to agility, effectiveness,
and coordination; and
(8) as the two leading implementers of security sector
assistance, the Department of State and Department of Defense
should work collaboratively in all matters relating to security
sector assistance, including by undertaking joint planning to
determine the best application of security sector assistance
programs under title 10, United States Code, the Foreign
Assistance Act of 1961, and other laws relating to such
programs for the Department of Defense and the Department of
State, particularly when the United States Government seeks to
introduce a significant new military capability into a foreign
country or region, significantly enhance the security capacity
of a foreign country, or engage a diplomatically sensitive
foreign country.
SEC. 1252. 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) 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 1006 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 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
``V. Educational and Training Activities................... 341
``VI. Limitations on Use of Department of Defense Funds..... 361
``VII. Administrative and Miscellaneous Matters............. 381
``SUBCHAPTER I--GENERAL MATTERS
``Sec.
``301. Definitions.
``Sec. 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' means--
``(A) any weapon, weapon system, munition,
aircraft, boat, or other implement of war;
``(B) any machinery, tool, material, supply, or
other item necessary for the repair, servicing,
operation, or use of any article listed in this
paragraph; and
``(C) any component or part of any article listed
in this paragraph.
``(3) The term `defense service' means any service, test,
inspection, repair, training, publication, technical or other
assistance related to a defense article.
``(4) 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.
``(5) 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:
``(A) To build relationships that promote specific
United States security interests.
``(B) To build and develop allied and friendly
security capabilities for self-defense and
multinational operations.
``(C) To provide the armed forces with access to
the foreign country during peacetime or a contingency
operation.
``(6) The term `small-scale construction' means
construction at a cost not to exceed $750,000 for any project.
``(7) The term `training' includes formal or informal
instruction of foreign students in the United States or
overseas by officers or employees of the United States,
contract technicians, or contractors, or technical,
educational, or information publications and media of all
kinds, training aid, orientation, training exercise, and
military advice to foreign military units and forces.
``SUBCHAPTER 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 III--TRAINING WITH FOREIGN FORCES
``Sec.
``321. Training with friendly foreign countries: payment of training
and exercise expenses.
``SUBCHAPTER 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 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. Defense Cooperation 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 Force Academy.
``350. Inter-European Air Force Academy.
``SUBCHAPTER 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.
``SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS MATTERS
``Sec.
``381. Security Cooperation Enhancement Fund.
``382. Policy oversight and resource allocation; execution and
administration of programs and activities.
``383. Annual assessment, monitoring, and evaluation of programs and
activities.
``384. 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. Friendly foreign countries; international and regional
organizations: defense institution capacity building'';
and
(B) a text consisting of the text of subsections
(a) through (d) of section 1081 of the National Defense
Authorization Act for Fiscal Year 2012 (10 U.S.C. 168
note).
(2) Conforming repeal.--Section 1081 of the National
Defense Authorization Act for Fiscal Year 2012 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. 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 conducting 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 in support of lawful
military operations.
``(7) Humanitarian and disaster assistance operations.
``(8) 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.
``(9) National territorial defense of the foreign country
concerned.
``(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 any program
authorized by subsection (a).
``(2) 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, 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 program, human
rights training that includes a comprehensive curriculum on
human rights and the law of armed conflict to such national
security forces.
``(4) Defense institution 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 defense
institution building with appropriate defense 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 defense institution 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
(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 205 or 2016, for a period in excess of five years
unless the Secretary provides to the congressional defense
committees a written justification that the provision of such
support for a period in excess of five years will enhance the
security interests of the United States.
``(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 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.
``(2) The cost, implementation timeline and delivery
schedule for assistance under the program.
``(3) 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.
``(4) 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.
``(5) A description of the elements of the theater security
cooperation plan of the geographic combatant command concerned
that will be advanced by the program.
``(f) Quarterly Monitoring Reports.--The Secretary of Defense
shall, on a quarterly basis, submit to the appropriate committees of
Congress a report setting forth, for the preceding calendar quarter,
the following:
``(1) Information, by recipient country, of the delivery
and execution status of all defense articles, training, defense
services, and small-scale construction under programs under
subsection (a).
``(2) Information on the timeliness of delivery of defense
articles, defense services, and small-scale construction when
compared with delivery schedules for such articles 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.--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, shall be derived from
amounts available for such programs and purposes for such fiscal year
in the Security Cooperation Enhancement Fund under section 381 of this
title or as otherwise provided by law.
``(h) National Security Forces Defined.--In this section, the term
`national security forces', in the case of a foreign country, means the
national military and national-level security forces of the foreign
country that have among their functional responsibilities the
operations and activities specified in subsection (a).''.
(2) Funding for fiscal year 2017.--Amounts shall 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 such programs and purposes as
specified in the funding table in section 4301.
(B) Amounts authorized to be appropriated by
section 1504 for operation and maintenance, Defense-
wide, for overseas contingency operations and available
for such programs and purposes as specified in the
funding table in section 4302.
(C) Amounts authorized to be appropriated by
section 1510 for the Counterterrorism Partnerships Fund
and available for such programs and purposes as
specified in the funding table in section 4502.
(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 under 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,
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.
(5) Conforming amendments.--Effective as of the date that
is 180 days after the date of the enactment of this Act,
section 1004 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 374 note) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``tribal, or foreign'' and
inserting ``or tribal'';
(ii) in paragraph (1), by adding ``or'' at
the end;
(iii) in paragraph (2), by striking ``;
or'' and inserting a period; and
(iv) by striking paragraph (3); and
(B) in subsection (b)(4), by striking ``or for the
purpose'' and all that follows and inserting a period.
(6) Conforming repeals.--Effective as of the date that is
180 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 1203 (127 Stat. 894; 10 U.S.C.
2011 note).
(ii) Section 1204 (127 Stat. 896; 10 U.S.C.
401 note).
(iii) Section 1207 (127 Stat. 902; 22
U.S.C. 2151 note).
(C) Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881).
(7) Clerical amendment.--Effective as of the date that is
180 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, 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 ``and training'';
(B) in subsection (b)--
(i) in paragraph (1)(B), by striking ``and
exchange of ideas'' and inserting ``and
training'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``European'';
(II) in subparagraph (B), by
striking ``Asia-Pacific'';
(III) in subparagraph (C), by
striking ``Hemispheric Defense'' and
inserting ``Security''; and
(IV) by striking subparagraphs (D)
and (E); and
(iii) 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 assign
regional areas of focus to each Regional Center, and
shall prioritize within their respective areas of focus
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)''; and
(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 interests 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 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) 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.--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.
(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 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 subsection (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:
``Sec. 348. 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) 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:
``Sec. 350. Inter-European Air Forces Academy''; and
(B) a text consisting of the text of subsections
(a) through (g) 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 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 title 10, United
States Code, 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. Policy oversight and resource allocation; 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 Assistant 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 or a combatant command
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.
``Sec. 383. 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) 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 assessment of the efficacy of the
activities under the program.
``(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
interests of the United States or the foreign country or
countries covered by such evaluation.''.
(n) 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, 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, 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 chapter 53 is
amended by striking the item relating to section 1051b.
(5) The table of sections at the beginning of 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 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 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, 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. 1253. 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 1252(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:
``Sec. 311. 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)(2)--
(A) 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'';
(B) in subparagraph (A), by striking ``military''
and inserting ``members of the armed forces''; and
(C) 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'';
(2) 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
(3) 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).
SEC. 1254. 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 1252(a)(3) of this Act, is amended by
inserting after section 311, as added by section 1253(a) of this Act,
the following new section:
``Sec. 312. 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 and subsistence of, and special compensation for,
defense and other security-related personnel of friendly
foreign governments that the Secretary considers necessary for
theater security cooperation.
``(2) Administrative services and support for liaison
officers.--The Secretary may provide administrative services
and support for the performance of duties by a liaison officer
of another 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 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.
``(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 may pay
such other limited expenses in connection with conferences,
seminars, and similar meeting covered by paragraph (4) as the
Secretary considers appropriate in the national security
interests of the United States.
``(c) Limitation.--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.
``(d) Reimbursement.--The Secretary 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) Limitations.--
``(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
shall be submitted to the Committees on Armed Services of the Senate
and the House of Representatives.''.
(b) Conforming Amendments.--
(1) Repeals.--Sections 1050, 1050a, 1051, and 1051a of
title 10, United States Code, are repealed.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 53 of such title is amended by striking
the items relating to sections 1050, 1050a, 1051, and 1051a.
(c) 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. 1255. TRANSFER AND REVISION OF AUTHORITY ON PAYMENT OF EXPENSES IN
CONNECTION WITH TRAINING AND EXERCISES WITH FRIENDLY
FOREIGN FORCES.
(a) In General.--Section 2011 of title 10, United States Code, is
transferred to 16 of such title, as added by section 1252(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.--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 interests of the United States to do so.
``(2) 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 armed forces participating in such
training is responsible.
``(3) 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.
``(b) Authority To Pay Training and Exercise Expenses.--Under
regulations prescribed pursuant to subsection (e), 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 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 the forces available to the combatant command
concerned.
``(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) 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 developing countries, except in
the case of exceptional circumstances as specified in
the regulations.
``(e) Reports.--Not later than January 31 each year, the Secretary
of Defense shall submit to the congressional defense committees a
report regarding training and exercises during the preceding fiscal
year for which expenses were paid under this section. Each report shall
specify the following:
``(1) All countries in which that training was conducted.
``(2) The type of training conducted, the duration of that
training, the number of members of the armed forces involved,
and expenses paid.
``(3) The extent of participation by foreign military
forces, including the number and service affiliation of foreign
military personnel involved and the physical and financial
contribution, if any, of each host nation to the training
effort.
``(4) The relationship of that training to other overseas
training programs conducted by the armed forces, such as
military exercise programs sponsored by the Joint Chiefs of
Staff, military exercise programs sponsored by a combatant
command, and military training activities sponsored by a
military department (including deployments for training, short
duration exercises, and other similar unit training events).
``(5) A summary of the expenditures resulting from the
training and exercises for which expenses were paid under this
section.
``(6) A discussion of the unique military training benefit
to United States forces derived from the activities for which
expenses were paid under this section.''.
(b) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 2010 of title 10, United States Code.
(2) 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).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of title 10, United States Code, is amended by striking the
items relating to sections 2010 and 2011.
SEC. 1256. 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
1252(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--
``(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.
``(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 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.
``(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 subsection (b)(1) in any
fiscal year may not exceed $450,000,000.
``(2) The aggregate value of all logistic support,
supplies, and services provided under subsection (b)(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 is amended by striking the item relating to
section 127d.
SEC. 1257. 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 1252(a)(3) of this Act, is amended by inserting after the table
of sections at the beginning of subchapter IV a new section 341
consisting of--
(1) a heading as follows:
``Sec. 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 (Public Law 113-66; 127 Stat. 897; 32 U.S.C.
107 note), as amended by section 1203 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1037).
(b) Revisions To Strike Obsolete Provisions and Conform to
Provisions in New Chapter.--Section 341 of title 10, United States
Code, as added by subsection (a), is amended--
(1) by striking subsection (d) and inserting the following
new subsection (d):
``(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.'';
(2) in subsection (f)--
(A) by striking ``(f) Reports and Notifications.--
'' and all that follows through ``(B) Matters to be
included.--'' and inserting the following:
``(f) Annual Report.--
``(1) In general.--Not later than February 1 of each year
following a fiscal year in which activities under each program
established under subsection (a) are carried out, the Secretary
of Defense shall submit to the appropriate congressional
committees a report on such activities under such program.
``(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)''; and
(3) in subsection (g), by striking ``under title 10'' and
all that follows and inserting ``under title 10 as in effect on
December 26, 2013.''.
(c) Prohibition on Activities With Units Having Committed Gross
Violations of Human Rights.--Subsection (b) of such 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.''.
(d) Conforming Repeal.--Section 1205 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
897; 32 U.S.C. 107 note) is repealed.
SEC. 1258. MODIFICATION OF REGIONAL DEFENSE COMBATING TERRORISM
FELLOWSHIP PROGRAM.
(a) In General.--Section 2249c of title 10, United States Code, is
transferred to chapter 16 of such title, as added by section 1252(a)(3)
of this Act, inserted after section 344, as transferred and
redesignated by section 1252(g) of this Act, redesignated as section
345, and amended to read as follows:
``Sec. 345. Defense Cooperation Fellowship Program
``(a) Authority.--
``(1) In general.--The Secretary of Defense is authorized
to carry out a program (to be known as the `Defense Cooperation
Fellowship Program') under which the Secretary may pay any
costs associated with the education and training described in
paragraph (2) of foreign military officers, ministry of defense
officials, or national-level security officials of friendly
foreign countries. Costs for which payment may be made under
this section include the costs of transportation and travel and
subsistence costs.
``(2) Education and training.--Education and training
described in this paragraph is defense cooperation education
and training at a military or civilian educational institution
of the United States Government, regional center, conference,
seminar, or other training program that is conducted as part of
the program under this section.
``(b) Regulations.--The program authorized by subsection (a) shall
be carried out under regulations prescribed by the Secretary of
Defense. The regulations shall ensure that, to the maximum extent
practicable, activities under the program do not duplicate or conflict
with activities under International Military Education and Training
(IMET). The Secretary shall submit a current copy of the regulations to
the Committees on Armed Services of the Senate and the House of
Representatives.
``(c) Availability of Funds.--
``(1) Limitation.--Except as provided in paragraph (2), the
total amount of costs that may be paid under the program
authorized by subsection (a) in any fiscal year may not exceed
$35,000,000.
``(2) Availability for activities that cross fiscal
years.--Funds available under the authority in subsection (a)
for a fiscal year may be used for activities that begin in such
fiscal year but end in the next fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 134 of such title is amended by striking the
item relating to section 2249c.
SEC. 1259. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY
INTERNATIONAL ENGAGEMENT.
(a) Consolidation of Authorities.--Chapter 16 of title 10, United
States Code, as added by section 1252(a)(3) of this Act, is amended by
inserting after section 346, as transferred and redesignated by section
1252(h) of this Act, the following new section:
``Sec. 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 selection.--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 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 midshipmen 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 midshipmen
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
midshipmen 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
midshipmen 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 midshipmen 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.
``(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 midshipmen 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 students 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
midshipmen 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 midshipmen 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 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.
``(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)--
``(i) from funds appropriated for that
Academy; and
``(ii) 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, United States Code,
are repealed.
(2) Clerical amendments.--
(A) The table of sections at the beginning of
chapter 403 of such title 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 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 is amended by striking the
items relating to sections 9344, 9345, and 9345a.
SEC. 1260. SECURITY COOPERATION ENHANCEMENT FUND.
(a) In General.--Chapter 16 of title 10, United States Code, as
added by section 1252(a)(3) of this Act, is amended by inserting after
the table of sections at the beginning of subchapter VII the following
new section:
``Sec. 381. Security Cooperation Enhancement Fund
``(a) Availability of Funds.--Amounts authorized to be appropriated
for the Security Cooperation Enhancement Fund (in this section referred
to as the `Fund') shall be available for the purposes provided in
subsections (b) and (c).
``(b) Purposes Generally .--
``(1) Purposes.--Subject to subsection (c), amounts in the
Fund shall be available for security cooperation programs and
activities of the Department of Defense.
``(2) Duration after obligation.--Upon obligation, amounts
in the Fund so obligated shall remain available until expended.
``(c) Availability for Specific Purposes.--Of the amounts in the
Fund for a fiscal year, up to four percent of such amounts may be used
to carry out the following:
``(1) Execution and administration of security cooperation
programs and activities of the Department of Defense pursuant
to section 382 of this title.
``(2) Annual assessment, monitoring, and evaluation of
security cooperation programs and activities of the Department
of Defense pursuant to section 383 of this title.
``(3) Incremental expenses associated with the
implementation of the Department of Defense Security
Cooperation Workforce Development Program pursuant to section
1263 of the National Defense Authorization Act for Fiscal Year
2017.
``(d) Transfers From Fund.--
``(1) Transfers authorized.--Amounts in the Fund may be
transferred to any account of the Department of Defense for
operation and maintenance for the purposes specified in
subsection (b).
``(2) Effect on authorization amounts.--The transfer of an
amount to an account under the authority paragraph (1) shall be
deemed to increase the amount authorized for such account by an
amount equal to the amount transferred.
``(3) Transfers back to fund.--Upon a determination that
all or part of the funds transferred from the Fund under
paragraph (1) are not necessary for the purpose provided, such
funds may be transferred back to the Fund.
``(e) Contributions.--
``(1) Authority to accept.--The Secretary of Defense may
accept and retain contributions to the Fund from any person,
foreign government, or international organization.
``(2) Availability.--An amount contributed to the Fund
pursuant to this subsection shall remain available until
expended for purposes of the Fund.
``(3) Notice on contributions.--The Secretary shall notify
the congressional defense committees, in writing, upon the
receipt, and upon the obligation, of any contribution to the
Fund pursuant to this subsection, setting forth the source and
amount of such contribution and the intended, and actual, use
of such contribution.
``(e) Construction With Other Limitations.--Nothing in this section
may be construed to terminate, alter, or override any requirement or
limitation applicable to activities funded with amounts in the Fund
under the authority of the Department of Defense that authorizes such
activities.
``(f) Quarterly Reports.--Not later than 30 days after each
calendar quarter, the Secretary of Defense shall submit to the
congressional defense committees a report on the obligation and
expenditure of amounts in the Fund during the preceding calendar
quarter.''.
(b) Discharge of Certain Activities Under New Security Cooperation
Chapter.--
(1) In general.--Not later than October 1, 2018, the
Secretary of Defense shall provide for the discharge of all
activities funded by accounts specified in paragraph (2) or
funds specified in paragraph (3) under applicable authorities
in chapter 16 of title 10, United States Code, as added by
section 1252(a)(3) of this Act, rather than the provision of
law or other authority under which such activities are carried
out on the day before the date on which discharge in accordance
with this paragraph commences.
(2) Covered accounts.--The accounts specified in this
paragraph are the following:
(A) The Afghanistan Security Forces Fund.
(B) The Iraq Train and Equip Fund.
(C) The Southeast Asia Maritime Security
Initiative.
(3) Other security cooperation funds.--The funds specified
in this paragraph are all unobligated balances as of the date
of transfer provided for in subsection (c)(1) in any account or
fund of the Department of Defense (other than an account
specified in paragraph (2) of this subsection) of amounts for
security cooperation programs and activities of the Department
of Defense.
(4) Report.--Not later than October 1, 2017, the Secretary
shall submit to the congressional defense committees a report
setting forth a description of any gaps that exist between the
authorities in chapter 16 of title 10, United States Code, as
so added, and current law or other authorities under which
activities covered by paragraph (1) are carried out. The report
shall include the following:
(A) A description of each discrete set of
activities covered by paragraph (1) for which gaps
exist between the 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.
(c) Transfer to SCEF of Funds in Connection With Activities
Discharged Under New Security Cooperation Chapter.--
(1) In general.--Not later than October 1, 2017, the
Secretary of Defense shall transfer all the unobligated
balances that remain in the accounts specified in subsection
(b)(2) as of the date of such transfer to the Security
Cooperation Enhancement Fund under section 381 of title 10,
United States Code, as added by subsection (a).
(2) Other security cooperation funds.--In addition to the
transfer required by paragraph (1), the Secretary shall also
transfer to the Security Cooperation Enhancement Fund on the
date provided in that paragraph all unobligated balances as of
such date in any other account or fund of the Department of
Defense of amounts for security cooperation programs and
activities of the Department of Defense.
(4) Treatment of funds transferred.--Amounts transferred to
the Security Cooperation Enhancement Fund under this subsection
shall be merged with amounts in the Fund, and shall be
available for the same purposes, and subject to the same terms
and conditions, as other amounts in the Fund.
(d) Security Cooperation Programs and Activities of the Department
of Defense Defined.--In this section, the term ``security cooperation
programs and activities of the Department of Defense'' has the meaning
given that term in section 301(5) of title 10, United States Code, as
added by section 1252(a)(3) of this Act.
SEC. 1261. CONSOLIDATION AND STANDARDIZATION OF REPORTING REQUIREMENTS
RELATING TO SECURITY COOPERATION AUTHORITIES.
(a) Codification.--Chapter 16 of title 10, United States Code, as
added by section 1252(a)(3) of this Act, is amended by inserting after
section 383, as added by section 1252(m) of this Act, a new section 384
consisting of--
(1) a heading as follows:
``Sec. 384. Annual report''; and
(2) a text consisting of the text 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 384 of title 10, United States Code, as added by
subsection (a), is amended--
(1) by striking ``Biennial'' and all that follows through
``the Secretary'' and inserting ``Annual Report Required.--Not
later than January 31 each year, the Secretary''; and
(2) by striking ``the two fiscal years'' and inserting
``the fiscal year''.
(c) Revision to Covered Authorities.--Subsection (c) of such
section is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The following sections of this chapter: 332, 333,
344, 346, and 347.'';
(2) by striking paragraphs (3) through (7);
(3) by redesignating paragraph (8) as paragraph (3) and in
that paragraph by striking ``Section'' and inserting ``Sections
401 and'';
(4) by inserting after paragraph (3), as redesignated by
paragraph (3) of this subsection, the following new paragraph:
``(4) Section 1206 of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015
(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 paragraphs (9) and (10) as paragraphs
(5) and (6), respectively;
(6) by striking paragraph (11); and
(7) by redesignating paragraphs (12) through (17) as
paragraphs (7) through (12), respectively.
(d) Annual Report on Workforce Development.--Such section is
further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Annual Report on Workforce Development.--
``(1) In general.--At the same time the reports required by
subsection (a) are submitted pursuant to that subsection, the
Secretary shall submit to the congressional defense committees
a report on funding for the Department of Defense Security
Cooperation Workforce Development Program under section 1263 of
the National Defense Authorization Act for Fiscal Year 2017 and
the security cooperation workforce during 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 for the 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.''; and
(3) in subsections (e) and (f), as redesignated by
paragraph (1) of this section, by striking ``subsection (a)''
each place it appears and inserting ``this section''.
(e) Repeal of Codified Statute.--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) is amended by striking
subsections (a) through (e).
(f) Repeal of Other Reporting Requirements.--The following
provisions of law are repealed:
(1) Section 401(d) of title 10, United States Code,
requiring an annual report on humanitarian and civic assistance
activities under that section.
(2) Section 1534(g) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3618), requiring
semiannual reports on the Counterterrorism Partnerships Fund.
(3) Section 1233(f) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394),
requiring a quarterly report on the use of authority to
reimburse certain coalition nations for support provided to
United States military operations.
(4) Section 1234(e) of the National Defense Authorization
Act for Fiscal Year 2008 (122 Stat. 394), requiring a quarterly
report on the use of authorization for logistical support for
coalition forces supporting certain United States military
operations.
SEC. 1262. REQUIREMENT FOR SUBMITTAL OF CONSOLIDATED ANNUAL BUDGET FOR
SECURITY COOPERATION PROGRAMS AND ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--The budget of the President for each fiscal year
after fiscal year 2018, as submitted to Congress by the President
pursuant to section 1105 of title 31, United States Code, shall set
forth 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 to be conducted in such fiscal
year, including the specific country or region, to the extent
practicable, for the Security Cooperation Enhancement Fund under
section 381 of title 10, United States Code, as added by section 1260
of this Act.
(b) Security Cooperation Programs and Activities of the Department
of Defense Defined.--In this section, the term ``security cooperation
programs and activities of the Department of Defense'' has the meaning
given that term in section 301(5) of title 10, United States Code, as
added by section 1252(a)(3) of this Act.
SEC. 1263. 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) monitoring, execution, and administration of such
programs and activities under chapter 16 of title 10, United
States Code, as added by section 1252(a)(3) of this Act; and
(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 planning, monitoring, execution, and evaluation 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 this Act, 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 this Act, 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 military departments on
the establishment of professional career paths for the
personnel of the security cooperation workforce,
addressing promotion opportunities and requirements,
retention policies, and scope of workforce demands.
(B) Provide for a mechanism for issuing
professional certifications for personnel of the
security cooperation workforce at different levels of
advancement based on requisite training, experience,
and seniority.
(C) Establish minimum requirements for training and
professional development associated with each level of
certification provided for under subparagraph (B).
(D) Provide for a mechanism for assigning
appropriately certified personnel of the security
cooperation workforce to assignments associated with
high-priority missions in connection with security
cooperation programs and activities, and for allocating
such personnel assignments based on priority, volume of
activity, and other relevant factors.
(E) Identify the appropriate composition of career
and temporary personnel necessary to constitute the
security cooperation workforce.
(F) Identify specific positions throughout the
security cooperation workforce to be managed and
assigned through the Program.
(f) 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.
(g) Definitions.--In this section:
(1) The term ``security cooperation programs and activities
of the Department of Defense'' has the meaning given that term
in section 301(5) of title 10, United States Code, added by
section 1252(a)(3) of this Act.
(2) The term ``security cooperation workforce'' means the
following:
(A) Members of the Armed Forces and civilian
employees of the Department of Defense working in the
security cooperation organizations of United States
missions overseas.
(B) Members of the Armed Forces and civilian
employees of the Department of Defense in the
geographic combatant commands and functional combatant
commands conducting security cooperation activities.
(C) 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.
(D) Other personnel of Defense Agencies who perform
security cooperation activities.
(E) Personnel of the Department of Defense who
perform assessments of security cooperation programs
and activities of the Department of Defense, including
assessments under section 383 of title 10, United
States Code, as added by section 1252(m) of this Act.
(F) 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).
SEC. 1264. COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND DEPARTMENT OF
STATE ON CERTAIN SECURITY COOPERATION AND SECURITY
ASSISTANCE PROGRAMS AND ACTIVITIES.
(a) Regulations Governing Coordination Required.--
(1) Interim regulations.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense and
the Secretary of State shall jointly issue interim regulations
to facilitate and streamline coordination between the
Department of Defense and the Department of State on all
matters relating to the policy, planning, and implementation of
covered security cooperation and security assistance programs
and activities.
(2) Final regulations.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense and
the Secretary of State shall jointly prescribe final
regulations on the matters described in paragraph (1).
(3) Periodic update.--The Secretary of Defense and the
Secretary of State shall from time to time jointly update the
final regulations prescribed pursuant to paragraph (2) in order
to ensure that the regulations under this subsection remain
current with developments in law and other regulations relating
to the matters described in paragraph (1).
(b) Elements.--The regulations required under subsection (a) shall
provide for the following:
(1) Coordination between the Department of Defense and the
Department of State on covered security cooperation and
security assistance programs and activities.
(2) Wherever the concurrence of, coordination with, or
consultation with the Secretary of Defense or the Secretary of
State is required by law or regulation for the conduct of
covered security cooperation and security assistance programs
and activities, mechanisms as follows:
(A) A mechanism to provide for the delegation of
such concurrence, coordination, or consultation to an
official at the lowest appropriate level of
headquarters-based management in the Department
concerned.
(B) A mechanism to limit, to the maximum extent
practicable, procedural delays in completion of any
review required for such concurrence, coordination, or
consultation, and in the issuance of such concurrence,
coordination, or consultation.
(c) Submittal to Congress.--The Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate committees
of Congress the interim regulations issued pursuant to subsection
(a)(1), the final regulations prescribed pursuant to subsection (a)(2),
and any update of the final regulations prescribed pursuant to
subsection (a)(3).
(d) Definitions.--In this section:
(1) 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 1252(a)(3) of this Act.
(2) The term ``covered security cooperation and security
assistance programs and activities'' means the following:
(A) Security cooperation programs and activities
under section 333 of title 10, United States Code, as
added by section 1252(d) of this Act.
(B) Operational support to foreign national
security forces.
(C) Cooperative Threat Reduction programs and
activities.
(D) Defense institution building.
(E) Foreign Military Financing (FMF).
(F) International Military Education and Training
(IMET).
(G) Peacekeeping operations and activities.
SEC. 1265. REPEAL OF SUPERSEDED, OBSOLETE, OR DUPLICATIVE STATUTES
RELATING TO SECURITY COOPERATION AUTHORITIES.
(a) Repeals.--The following provisions of title 10, United States
Code, are repealed:
(1) Section 168, relating to military-to-military contacts
and comparable activities.
(2) 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.
(3) 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.
(4) Sections 4681 and 9681, relating to sale of surplus war
material to States and foreign governments.
(b) Clerical Amendments.--Title 10, United States Code, is amended
as follows:
(1) The table of sections at the beginning of chapter 6 is
amended by striking the item relating to section 168.
(2) The table of sections at the beginning of chapter 53 is
amended by striking the item relating to section 1051c.
(3) The table of sections at the beginning of chapter 152
is amended by striking the item relating to section 2562.
(4) The tables of sections at the beginning of chapter 443
is amended by striking the item relating to section 4681.
(5) The table of sections at the beginning of chapter 943
is amended by striking the item relating to section 9681.
Subtitle H--Miscellaneous Reports and Other Matters
SEC. 1271. FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES.
(a) Plan Requirements and Reporting.--
(1) In general.--Section 116 of the African Growth and
Opportunity Act (19 U.S.C. 3723) is amended by striking
subsections (b) and (c) and inserting the following:
``(b) Plan Requirement.--
``(1) In general.--The President shall develop a plan for
the purpose of negotiating and entering into one or more free
trade agreements with eligible sub-Saharan African countries.
The plan shall include a list of eligible sub-Saharan African
countries that are most ready for a free trade agreement with
the United States.
``(2) Elements of plan.--The plan required by paragraph (1)
shall include, for each country on the list required by that
paragraph, the following:
``(A) The steps the country needs to take to be
ready to enter into a free trade agreement with the
United States, consistent with the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015 (title I of Public Law 114-26; 129 Stat. 320),
including--
``(i) the effective implementation of the
commitments of the country under WTO
Agreements; and
``(ii) the development of a bilateral
investment treaty or equivalent obligations.
``(B) Milestones for accomplishing each step
identified in subparagraph (A) for the country, with
the goal of establishing a free trade agreement with
the country not later than 10 years after the date on
which the country is included on the list required by
paragraph (1).
``(C) A description of the resources required to
assist the country in accomplishing each milestone
described in subparagraph (B).
``(D) The extent to which steps described in
subparagraph (A), the milestones described in
subparagraph (B), and resources described in
subparagraph (C) may be accomplished through regional
or subregional organizations in sub-Saharan Africa,
including the East African Community, the Economic
Community of West African States, the Common Market for
Eastern and Southern Africa, and the Economic Community
of Central African States.
``(E) Procedures to ensure the following:
``(i) Adequate consultation with Congress
and the private sector during the negotiations.
``(ii) Consultation with Congress regarding
all matters relating to implementation of the
agreement.
``(iii) Approval by Congress of the
agreement.
``(iv) Adequate consultations with the
relevant African governments and African
regional and subregional intergovernmental
organizations during the negotiation of the
agreement.
``(3) Reporting requirement.--The President shall prepare
and submit to Congress a report containing the plan developed
pursuant to paragraph (1)--
``(A) not later than 1 year after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2017; and
``(B) at the same time as the submission of the
report required by section 110(b) of the Trade
Preferences Extension Act of 2015 (Public Law 114-27;
129 Stat. 370) thereafter.
``(4) Coordination with other agencies.--The United States
Trade Representative shall consult and coordinate with other
relevant Federal agencies to assist countries on the list
required by paragraph (1), including through the deployment of
resources from those agencies to such countries and through
trade capacity building, in addressing the steps identified
under subparagraph (A) of paragraph (2) and the milestones
identified under subparagraph (B) of that paragraph.
``(5) Definitions.--In this subsection:
``(A) Eligible sub-saharan african country.--The
term `eligible sub-Saharan African country' means a
country designated as an eligible sub-Saharan African
country under section 104.
``(B) WTO.--The term `WTO' means the World Trade
Organization.
``(C) WTO agreement.--The term `WTO Agreement' has
the meaning given that term in section 2(9) of the
Uruguay Round Agreements Act (19 U.S.C. 3501(9)).
``(D) WTO agreements.--The term `WTO Agreements'
means the WTO Agreement and agreements annexed to that
Agreement.''.
(2) Conforming amendments.--Section 110(b) of the Trade
Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat.
370) is amended--
(A) in the matter preceding paragraph (1), by
striking ``5'' and inserting ``3''; and
(B) in paragraph (3), by striking ``(E)'' and
inserting ``(D)''.
(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 steps and milestones identified in the plan
developed under subsection (b) of section 116 of the
African Growth and Opportunity Act (19 U.S.C. 3723), as
amended by subsection (a); and
(B) to assist eligible countries in the
implementation of the commitments of those countries
under agreements with the United States and the WTO
Agreements (as defined in subsection (b)(4) of such
section 116).
(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).
(c) Coordination With Millennium Challenge Corporation.--
(1) In general.--After the date of the enactment of this
Act, the United States Trade Representative and the
Administrator of the United States Agency for International
Development shall consult and coordinate with the Chief
Executive Officer of the Millennium Challenge Corporation
regarding countries described in paragraph (2) for the purpose
of developing and carrying out the plan required by subsection
(b) of section 116 of the African Growth and Opportunity Act
(19 U.S.C. 3723), as amended by subsection (a).
(2) Countries described.--A country is described in this
paragraph if the country--
(A) has entered into a Millennium Challenge Compact
pursuant to section 609 of the Millennium Challenge Act
of 2003 (22 U.S.C. 7708); or
(B) is selected by the Board of Directors of the
Millennium Challenge Corporation under subsection (c)
of section 607 of that Act (22 U.S.C. 7706) from among
the countries determined to be eligible countries under
subsection (a) of that section.
SEC. 1272. 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) Extension.--Subsection (f) of such section is amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019''.
(c) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 1226. SUPPORT TO CERTAIN GOVERNMENTS FOR BORDER SECURITY
OPERATIONS.''.
SEC. 1273. 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 US.--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. 1274. MODIFICATION TO AND EXTENSION OF AUTHORIZATION OF NON-
CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.
(a) Modification of Authorized Activities.--Subsection (c) of
section 943 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578), as amended by
section 1205(b) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1623), is further amended by
inserting ``and other individuals as determined by the Secretary of
Defense'' before the period at the end of the first sentence.
(b) Extension of Authority.--Subsection (h) of such section 943, 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''.
SEC. 1275. ASSESSMENT OF PROLIFERATION OF CERTAIN REMOTELY PILOTED
AIRCRAFT SYSTEMS.
(a) Report on Assessment of Proliferation of Remotely Piloted
Aircraft Systems.--Not later than six 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 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.
SEC. 1276. 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
implement policies and promulgate guidance to ensure that
personnel of the Armed Forces, including uniformed personnel
and civilians engaged in partnership with foreign nations,
receive education and training on human slavery and the
appropriate role of the United States Armed Forces in
combatting trafficking in persons.
(2) Elements.--The training implemented pursuant to
paragraph (1) shall include--
(A) a description of 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 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;
(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 provide annually 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 for Fiscal Years 2017 Through
2022.--There is authorized to be appropriated to the Department of
State for the purpose of making the grants authorized under this
section to a single nonprofit organization, for each fiscal year from
2017 through 2022, $37,500,000.
(h) Comptroller General Review of Existing Programs.--
(1) In general.--Not later than September 30, 2018, and
September 30, 2022, 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.
SEC. 1277. SENSE OF CONGRESS ON COMMITMENT TO THE REPUBLIC OF PALAU.
(a) Findings.--Congress makes the following findings:
(1) The Republic of Palau is comprised of 300 islands and
covers roughly 177 square miles strategically located in the
western Pacific Ocean between the Philippines and the United
States territory of Guam.
(2) The United States and Palau have forged close security,
economic and cultural ties since the United States defeated the
armed forces of Imperial Japan in Palau in 1944.
(3) The United States administered Palau as a District of
the United Nations Trust Territory of the Pacific Islands from
1947 to 1994.
(4) In 1994, the United States and Palau entered into a 50-
year Compact of Free Association which provided for the
independence of Palau and set forth the terms for close and
mutually beneficial relations in security, economic, and
governmental affairs.
(5) The security terms of the Compact grant the United
States full authority and responsibility for the security and
defense of Palau, including the exclusive right to deny any
nation's military forces access to the territory of Palau
except the United States, an important element of our Pacific
strategy for defense of the United States homeland, and the
right to establish and use defense sites in Palau.
(6) The Compact entitles any citizen of Palau to volunteer
for service in the United States Armed Forces, and they do so
at a rate that exceeds that of any of the 50 States.
(7) In 2009, and in accordance with section 432 of the
Compact, the United States and Palau reviewed their overall
relationship. In 2010, the two nations signed an agreement
updating and extending several provisions of the Compact,
including an extension of United States financial and program
assistance to Palau, and establishing increased post-9/11
immigration protections. However, the United States has not yet
approved this Agreement or provided the assistance as called
for in the Agreement.
(8) Beginning in 2010 and most recently on February 22,
2016, the Department of the Interior, the Department of State,
and the Department of Defense have sent letters to Speaker of
the House of Representatives and the President Pro Tempore of
the Senate transmitting the legislation to approve the 2010
United States Palau Agreement including an analysis of the
budgetary impact of the legislation.
(9) The February 22, 2016, letter concluded, ``Approving
the results of the Agreement is important to the national
security of the United States, stability in the Western Pacific
region, our bilateral relationship with Palau and to the United
States' broader strategic interest in the Asia-Pacific
region.''
(10) On May 20, 2016, the Department of Defense submitted a
letter to the Chairmen and Ranking Members of the congressional
defense committees in support of including legislation enacting
the agreement in the fiscal year 2017 National Defense
Authorization Act and concluded that its inclusion advances
United States national security objectives in the region.
(b) Sense of Congress.--It is the sense of Congress that--
(1) to fulfill the promise and commitment of the United
States to its ally, the Republic of Palau, and reaffirm this
special relationship and strengthen the ability of the United
States to defend the homeland, Congress and the President
should promptly enact the Compact Review Agreement signed by
the United States and Palau in 2010; and
(2) Congress and the President should immediately seek a
mutually acceptable solution to approving the Compact Review
Agreement and ensuring adequate budgetary resources are
allocated to meet United States obligations under the Compact
through enacting legislation, including through this Act.
Subtitle I--Human Rights Sanctions
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Global Magnitsky Human Rights
Accountability Act''.
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(2) Person.--The term ``person'' means an individual or
entity.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 1283. 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 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 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 Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person has engaged in an activity described in subsection (a), the
President shall--
(1) determine if that person has engaged in such an
activity; and
(2) submit a report to the chairperson and ranking member
of that committee with respect to that determination that
includes--
(A) a statement of whether or not the President
imposed or intends to impose sanctions with respect to
the person; and
(B) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(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.
(f) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued to carry
out subsection (b)(2) 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 vital
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. 1284. 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 __03 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 __03(a) during
that year; and
(B) terminated sanctions under section __03(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 __03.
(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 __03(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.
(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.
TITLE XIII--COOPERATIVE THREAT REDUCTION
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 section 4301 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 section 4301 for the Department of Defense
Cooperative Threat Reduction Program shall be available for obligation
for fiscal years 2017, 2018, and 2019.
SEC. 1302. FUNDING ALLOCATIONS.
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 section 4301 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.
(6) For threat reduction engagement, $2,000,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $27,279,000.
TITLE XIV--OTHER AUTHORIZATIONS
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.
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.
SEC. 1406. SECURITY COOPERATION ENHANCEMENT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the Security Cooperation Enhancement Fund, as specified in the
funding table in section 4501, for use for authorized purposes of the
Security Cooperation Enhancement Fund.
Subtitle B--National Defense Stockpile
SEC. 1411. 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.''.
SEC. 1412. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM AND TO
ACQUIRE ADDITIONAL MATERIALS FOR THE NATIONAL DEFENSE
STOCKPILE.
(a) Disposal Authority.--
(1) In general.--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 shall dispose of materials
contained in the National Defense Stockpile and specified in
paragraph (2) so as to result in receipts to the United States
in amounts equal to--
(A) $10,000,000 by the end of fiscal year 2017;
(B) $50,000,000 by the end of fiscal year 2022; and
(C) $150,000,000 by the end of fiscal year 2026.
(2) Materials and disposal amounts.--The total quantities
of materials authorized for disposal pursuant to paragraph (1)
may not exceed the amounts as follows:
(A) 27 short tons of beryllium.
(B) 111,149 short tons of chromium, ferroalloy.
(C) 2,973 short tons of chromium metal.
(D) 8,380 troy ounces of platinum.
(E) 275,741 pounds of contained tungsten metal
powder.
(F) 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
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 the 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.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. 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 (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) Funds.--Of the amounts authorized to be appropriated for fiscal
year 2017 for the Department of Defense for Chemical Agents and
Munitions Destruction, Defense by section 1402, up to $30,000,000 may
be used to carry out the authority in subsection (a).
SEC. 1422. 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 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 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.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2017 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. 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. 1503. 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 the funding
table in section 4102.
SEC. 1504. 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 the funding table in section
4202.
SEC. 1505. 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 the funding table in section
4302.
SEC. 1506. 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 the funding table in section 4402.
SEC. 1507. 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. 1508. 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 4502.
SEC. 1509. 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. 1510. 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.
SEC. 1511. SECURITY COOPERATION ENHANCEMENT FUND.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for the Security Cooperation Enhancement Fund, as specified in the
funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1521. 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. 1522. 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). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $3,500,000,000.
(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. 1531. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439), as in effect before the
amendments made by section 1503 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4649), shall apply to the funds made available to the Department of
Defense for the Joint Improvised Explosive Device Defeat Fund for
fiscal year 2017.
(b) Extension of Improvised Explosive Device Precursor Chemicals
Authority.--Section 1532(c) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2057), as most
recently amended by section 1532(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1091), is further amended--
(1) in paragraph (1), by striking ``fiscal year 2016'' and
inserting ``fiscal years 2016 and 2017''; and
(2) in paragraph (4), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
SEC. 1532. 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 2017.--
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 2017.--
Amounts authorized to be appropriated for fiscal year 2017 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
(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)''.
SEC. 1533. 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 (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)--
(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) 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 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) Repeal of Superseded Requirements.--Section 1531 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1088) is amended by striking subsections (b) and (c).
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. REQUIREMENT THAT PILOT PROGRAM FOR ACQUISITION OF COMMERCIAL
SATELLITE COMMUNICATION SERVICES DEMONSTRATE ORDER-OF-
MAGNITUDE IMPROVEMENTS IN SATELLITE COMMUNICATIONS
CAPABILITIES.
(a) In General.--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) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Use of Funds.--None of the funds authorized to
be appropriated or otherwise made available to carry out the pilot
program under subsection (a)(1) may be obligated or expended until the
Secretary submits to the congressional defense committees a plan to
demonstrate that the pilot program will achieve order-of-magnitude
improvements in satellite communications capability, as required by
subsection (b)(5).''.
(b) Sense of Congress.--It is the sense of Congress that it is
disappointing that, despite numerous requests to the Air Force for its
plan to meet the requirement of subsection (b)(5) of 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) in carrying out the pilot program under that section, the
Air Force has not only failed to meet the statutorily imposed
requirement to provide a briefing on that pilot program at the same
time as the President submitted to Congress the budget for fiscal year
2017 pursuant to section 1105 of title 31, United States Code, but has
also been nonresponsive to requests for information relating to that
requirement.
SEC. 1602. PLAN FOR USE OF ALLIED LAUNCH VEHICLES.
(a) In General.--The Commander of the Air Force Space Command 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 of time, using only
United States launch vehicles.
(b) Assessments.--In developing the plan required by subsection
(a), the Commander shall conduct assessments of--
(1) what United States satellites would be appropriate to
be launched on an allied launch vehicle; and
(2) whether any legislation would be necessary to allow for
the launch of a national security satellite on an allied launch
vehicle.
(c) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Commander shall submit to the
congressional defense committees a report on the plan required by
subsection (a) and the assessments required by subsection (b).
(d) Definitions.--In this section:
(1) Allied launch vehicle.--
(A) In general.--The term ``allied launch vehicle''
means a launch vehicle of the government of a country
that is an ally of the United States.
(B) Exclusions.--A launch vehicle of the government
of the Russian Federation, the People's Republic of
China, Iran, or North Korea may not be considered an
allied launch vehicle for purposes of this section.
(2) National security satellite.--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 Reconnaissance Office, or
any other element of the Department of Defense.
SEC. 1603. LONG-TERM STRATEGY ON ELECTROMAGNETIC SPECTRUM FOR WARFARE.
(a) Strategy Required.--Not later than February 28, 2017, the
Commander of the United States Strategic Command shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a strategy for the Department of Defense for the
availability, use, and protection of electromagnetic spectrum for
warfare during the 10-year period beginning on the date of the
submittal of the strategy.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) A description of the current intelligence and threat
environment for electromagnetic spectrum for warfare.
(2) An assessment of the interoperability among the
Agencies, components, elements, and forces of the Department
needed to carry out the strategy, and a plan to remedy any
shortfalls identified by the assessment.
(3) A plan for developing and maintaining the capability to
conduct large-scale simulated exercises involving spectrum with
near peer competitors.
(4) A plan to address meaningful capability gaps in
providing electromagnetic spectrum for warfare for ground, air,
and space layers not currently addressed by any element of the
Department.
SEC. 1604. FIVE-YEAR PLAN FOR JOINT INTERAGENCY COMBINED SPACE
OPERATIONS CENTER.
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 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 and responsibilities of the
Center;
(2) an estimate of funding needed for the Center that
includes a description of contributions from other Federal
agencies;
(3) an estimate of the personnel needed for the Center;
(4) a description of planned activities of the Center; and
(5) a description of how the Center will complement and
support the mission of the Joint Space Operations Center.
SEC. 1605. INDEPENDENT ASSESSMENT OF GLOBAL POSITIONING SYSTEM NEXT
GENERATION OPERATIONAL CONTROL SYSTEM.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
arrangement with a federally funded research and development center 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 the following:
(A) The rate of software defects.
(B) Earned value management.
(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.
(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 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.
(c) Submission to Congress.--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).
SEC. 1606. GOVERNMENT ACCOUNTABILITY OFFICE ASSESSMENT OF SATELLITE
ACQUISITION BY NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--The Comptroller General of the United States shall
conduct an assessment, for calendar year 2017 and each calendar year
thereafter, of the cost, schedule, and performance of each program of
the National Reconnaissance Office for developing, acquiring,
launching, and deploying satellites or overhead reconnaissance systems
that, before, on, or after the date of the enactment of this Act,
receives funding from the Military Intelligence Program or is supported
by personnel of the Department of Defense.
(b) Reporting to Congress.--The Comptroller General shall regularly
inform the appropriate congressional committees with respect to any
matters relating to the cost, schedule, or performance of a program
assessed under subsection (a) that the Comptroller General considers
significant.
(c) Provision of Information by National Reconnaissance Office.--
The Director of the National Reconnaissance Office shall provide to the
Comptroller General, in a timely manner, access to the information the
Comptroller General requires to conduct the assessment required by
subsection (a).
(d) 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.
SEC. 1607. 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) Briefing.--Not later than September 1, 2016, the Comptroller
General shall provide a briefing on the analysis required by subsection
(a) to the congressional defense committees, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Science, Space, and Technology of the House of Representatives.
SEC. 1608. ASSESSMENT OF COST-BENEFIT ANALYSES BY DEPARTMENT OF DEFENSE
OF USE OF KA-BAND COMMERCIAL SATELLITE COMMUNICATIONS.
(a) In General.--The Comptroller General of the United States shall
assess the types of analyses the Department of Defense has conducted to
understand the costs and benefits of the use of KA-band commercial
satellite communications by the Department.
(b) Elements.--In conducting the assessment required by subsection
(a), the Comptroller General shall--
(1) assess whether the Department of Defense has evaluated
the use of KA-band commercial satellite communications, based
on total cost, capabilities, and interoperability with existing
or planned terminals; and
(2) consider such other matters as the Comptroller General
considers appropriate.
(c) Briefing.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall provide a briefing
on the assessment required by subsection (a) to the congressional
defense committees.
SEC. 1609. LIMITATION ON USE OF FUNDS FOR JOINT SPACE OPERATIONS CENTER
MISSION SYSTEM.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act and made available for the Joint Space Operations Center
Mission System may be obligated or expended for increment three of that
System until the Secretary of the Air Force submits to the
congressional defense committees a report setting forth a strategy for
acquiring a common software and hardware framework for space operating
systems described in paragraphs (1) and (2) of subsection (b).
(b) Elements of Report.--The report described in subsection (a)
shall include a description of the following:
(1) Space operating systems that perform space battlement
management, communication, and control as of the date of the
enactment of this Act.
(2) Space operating systems planned to perform space
battlement management, communication, and control in the
future.
(3) Schedules for acquisition and an estimate of the cost
of space operating systems described in paragraph (2).
(4) Critical elements of space operating systems described
in paragraphs (1) and (2) that will require common software and
hardware to promote a common operating environment and reduce
acquisition costs and long-term maintenance requirements.
SEC. 1610. LIMITATION ON AVAILABILITY OF FISCAL YEAR 2017 FUNDS FOR THE
GLOBAL POSITIONING SYSTEM NEXT GENERATION OPERATIONAL
CONTROL SYSTEM.
Amounts authorized to be appropriated for fiscal year 2017 by this
Act and available for the Global Positioning System Next Generation
Operational Control System (GPS-OCX) may not be obligated or expended
for the current product development contract for that System, or for
any other purpose in connection with that System, until the Secretary
of Defense submits to Congress the certification on the System required
pursuant to section 2433a(c)(2) of title 10, United States Code, as a
result of the determination not to terminate procurement of that
System.
SEC. 1611. AVAILABILITY OF CERTAIN AMOUNTS TO MEET REQUIREMENTS IN
CONNECTION WITH UNITED STATES POLICY ON ASSURED ACCESS TO
SPACE.
(a) Fiscal Year 2017 Amounts.--Of the amount authorized to be
appropriated for fiscal year 2017 by section 201 for research,
development, test, and evaluation, Air Force, and available for the
Evolved Expendable Launch Vehicle (PE 0604853F) as specified in the
funding table in section 4201, not more than 50 percent may be
available in that fiscal year to meet requirements in connection with
the United States policy on assured access to space specified in
section 2273 of title 10, United States Code.
(b) Fiscal Year 2016 Amounts.--Of the amount authorized to be
appropriated for fiscal year 2016 for research, development, test, and
evaluation, Air Force, available for the Evolved Expendable Launch
Vehicle, and available for obligation for that purpose as of the date
of the enactment of this Act, not more than 50 percent may be available
in fiscal year 2017 to meet requirements in connection with the policy
described in subsection (a).
(c) Amounts for Fiscal Years After Fiscal Year 2017.--Of the amount
authorized to be appropriated for any fiscal year after fiscal year
2017 for research, development, test, and evaluation, Air Force, and
available for the Evolved Expendable Launch Vehicle, not more than 50
percent may be available in that fiscal year to meet requirements in
connection with the policy described in subsection (a).
SEC. 1612. AVAILABILITY OF FUNDS FOR CERTAIN SECURE VOICE CONFERENCING
CAPABILITIES.
Of amounts authorized to be appropriated or otherwise made
available for fiscal year 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.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. DEPARTMENT OF DEFENSE-WIDE REQUIREMENTS FOR SECURITY
CLEARANCES FOR MILITARY INTELLIGENCE OFFICERS.
The Secretary of Defense shall ensure that each military
intelligence officer serving as a unit or service intelligence officer,
or in command of an intelligence unit or activity, has an active
security clearance.
Subtitle C--Cyber Warfare, Cybersecurity, and Related Matters
SEC. 1631. CYBER PROTECTION SUPPORT FOR DEPARTMENT OF DEFENSE PERSONNEL
IN POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
(a) Authority To Provide Support.--The Secretary of Defense may
provide cyber protection support to personnel of the Department of
Defense while such personnel occupy positions in the Department
determined by the Secretary to be of highest risk of vulnerability to
cyber attacks on their personal devices, networks, and persons.
(b) Nature of Support.--Subject to the availability of resources,
in providing cyber protection support pursuant to subsection (a), the
Secretary may provide personnel described in that subsection training,
advisement, and assistance regarding cyber attacks described in that
subsection.
(c) 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 pursuant to subsection
(a). The report shall include a description of the methodology used by
the Secretary to determine the positions in the Department that are of
highest vulnerability to cyber attacks for purposes of subsection (a).
SEC. 1632. 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 Cyber Mission Force (CMF) positions
in accordance with the implementation plan required by subsection (d)
of such section, the Secretary shall do each of the following:
(1) Provide for and implement an interagency transfer
agreement between excepted service position and competitive
service position systems in applicable agencies and components
of the Department in order to satisfy the requirements for
Cyber Mission Force positions from among a mix of employees in
the excepted service and the competitive service in such
agencies and components.
(2) Direct the Armed Forces to implement in their Defense
Civilian Intelligence Personnel Systems for Cyber Mission Force
positions a so-called ``Rank-in-Person'' classification system
similar to the classification system used by the National
Security Agency.
(3) Implement direct hiring authority for Cyber Mission
Force positions up to the GG or GS-15 level.
(4) Authorize officials conducting hiring in the
competitive service for Cyber Mission Force 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 shall, working
through the cross-functional team established by section 932(c)(3) of
the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C.
2224 note) and in coordination with the Commander of the United States
Cyber Command, 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 for tool
development personnel.
SEC. 1633. LIMITATION ON ENDING OF ARRANGEMENT IN WHICH THE COMMANDER
OF THE UNITED STATES CYBER COMMAND IS ALSO DIRECTOR OF
THE NATIONAL SECURITY AGENCY.
(a) Sense of Congress.--It is the sense of Congress that the
arrangement (commonly referred to as a ``dual-hat arrangement'') under
which the Commander of the United States Cyber Command also serves as
the Director of the National Security Agency is in the national
security interests of the United States.
(b) Limitation on Ending of Current Arrangement.--The Secretary of
Defense may not take action to end the arrangement described in
subsection (a) until the Secretary and the Chairman of the Joint Chiefs
of Staff jointly determine and certify to the appropriate committees of
Congress that the end of that arrangement will not pose risks to the
military effectiveness of the United States Cyber Command that are
unacceptable in the national security interests of the United States.
(c) Conditions-based Criteria.--The Secretary and the Chairman
shall develop criteria for assessing the military and intelligence
necessity and benefit of the arrangement described in subsection (a).
The criteria shall be based on measures of the operational dependence
of the United States Cyber Command on the National Security Agency and
the ability of each organization to accomplish their roles and
responsibilities independent of the other. The conditions to be
evaluated shall include the following:
(1) The sufficiency of operational infrastructure.
(2) The sufficiency of command and control systems and
processes for planning, deconflicting, and executing military
cyber operations, tools and weapons for achieving required
effects.
(3) Technical intelligence collection and operational
preparation of the environment capabilities.
(4) The ability to train personnel, test capabilities, and
rehearse missions.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1634. PILOT PROGRAM ON APPLICATION OF CONSEQUENCE-DRIVEN, CYBER-
INFORMED ENGINEERING TO MITIGATE AGAINST CYBERSECURITY
THREATS TO OPERATING TECHNOLOGIES OF MILITARY
INSTALLATIONS.
(a) Pilot Program Required.--Commencing not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall, in coordination with the Secretaries of the military
departments, carry out a pilot program to assess the feasibility and
advisability of applying consequence-driven, cyber-informed engineering
methodologies to the operating technologies of military installations,
including industrial control systems, in order to increase the
resilience of military installations against cybersecurity threats and
prevent or mitigate the potential for high-consequence cyberattacks.
(b) Elements.--
(1) Discharging entity.--The Secretary shall carry out the
pilot program through a research laboratory of the Department
of Defense or, with the approval of the Secretary of Energy, a
research laboratory of the Department of Energy, selected by
the Secretary for purposes of the pilot program.
(2) Locations.--The Secretary shall carry out the pilot
program at not fewer than two military installations selected
by the Secretary for purposes of the pilot program from among
military installations supporting the most critical mission-
essential functions of the Department of Defense.
(c) Duration.--The duration of the pilot program shall be two
years.
(d) Reports.--
(1) Reports required.--Not later than September 30, 2017,
and each year thereafter through 2019, the Secretary shall
submit to the congressional defense committees a report on the
pilot program.
(2) Recurring elements.--Each report under paragraph (1)
shall include, current as of the date of such report, the
following:
(A) A description of the activities carried out
under the pilot program.
(B) An assessment of the value of the methodologies
applied during the pilot program in increasing the
resilience of military installations against
cybersecurity threats.
(3) Additional element in final report.--The report under
paragraph (1) in 2019 shall also include such recommendations
for administrative or legislative action as the Secretary
considers appropriate in light of the pilot program, including
for actions as follows:
(A) To apply methodologies identified through the
pilot program across the Department of Defense.
(B) To require the Armed Forces to build capability
of determining whether such methodologies should be
included as requirement in applicable future military
construction projects.
SEC. 1635. EVALUATION OF CYBER VULNERABILITIES OF F-35 AIRCRAFT AND
SUPPORT SYSTEMS.
(a) In General.--Subsection (a) of section 1647 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1118) is amended--
(1) in paragraph (2), by striking ``The'' and inserting
``Other than a weapon system described in paragraph (3), the'';
and
(2) by adding at the end the following new paragraph:
``(3) F-35 aircraft.--The Secretary shall ensure that a
complete evaluation of the F-35 aircraft and its support
systems, such as the Autonomic Logistics Information System, is
completed under paragraph (1) before February 1, 2017.''.
(b) Report.--Such section is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
``(c) Tools and Solutions.--The Secretary of Defense may--
``(1) develop tools that improve assessments of cyber
vulnerabilities;
``(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.
``(d) Report on F-35 Aircraft.--
``(1) In general.--Not later than February 28, 2017, the
Secretary of Defense shall submit to the congressional defense
committees a report on the evaluation completed under
subsection (a)(3).
``(2) Contents.--The report submitted under paragraph (1)
shall include the following:
``(A) The findings of the Secretary with respect to
the evaluation completed under subsection (a)(3).
``(B) Identification of any major information
assurance deficiencies relating to the F-35 aircraft or
its support systems.
``(C) A cyber vulnerability mitigation strategy for
such aircraft and systems.''.
SEC. 1636. REVIEW AND ASSESSMENT OF TECHNOLOGY STRATEGY AND DEVELOPMENT
AT DEFENSE INFORMATION SYSTEMS AGENCY.
(a) Strategy Required.--The Director of the Defense Information
Systems Agency shall develop a research and technology development
strategy in support of Defense Information Systems Agency missions.
(b) Strategic Plan for Defense Information Systems Agency Research,
Development, Test, and Evaluation Activities.--
(1) In general.--(A) Not less frequently than once every
two fiscal years through fiscal year 2022, the Director, in
coordination with the Under Secretary of Defense for
Acquisition, Technology and Logistics and the Chief Information
Officer of the Department of Defense, shall complete a
strategic plan, in unclassified and classified formats as
necessary, reflecting the needs of the Department of Defense
with respect to research, development, test, and evaluation
activities, facilities, workforce, and resources of the Agency.
(B) Each such strategic plan required by subparagraph (A)
shall cover the period of five fiscal years beginning with the
fiscal year in which the plan is developed.
(C) The strategic plan shall be based on a comprehensive
review of the research, development, test, and evaluation
requirements and missions of the Agency and the adequacy of
research, development, test, and evaluation activities,
facilities, workforce, and resources of the Agency to meet
those requirements and missions.
(2) Elements.--Each strategic plan required by paragraph
(1)(A) shall include the following:
(A) An assessment of the research, development,
test, and evaluation requirements of the Department to
be supported by the Agency for the period covered by
the plan.
(B) An identification of performance measures
associated with the successful achievement of
objectives for the period covered by the plan.
(C) An assessment of the research and development
programs and plans of the Agency.
(D) An assessment of the current state of the test
and evaluation facilities and resources of the Agency.
(E) An assessment of plans and business case
analyses supporting any significant modification of the
facilities, workforce, and resources project, proposed,
or recommended by the Director, including with respect
to the expansion, divestment, consolidation, or
curtailment of activities.
SEC. 1637. EVALUATION OF CYBER VULNERABILITIES OF DEPARTMENT OF DEFENSE
CRITICAL INFRASTRUCTURE.
(a) Evaluation Required.--The Secretary of Defense shall, in
accordance with the plan under subsection (b), complete an evaluation
of the cyber vulnerabilities of Department of Defense critical
infrastructure by not later than December 31, 2020.
(b) 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 the plan of the Secretary for
the evaluation of Department of Defense critical infrastructure
under subsection (a), including an identification of each of
the facilities and locations to be evaluated and an estimate of
the funding required to conduct the evaluation.
(2) Priority in evaluation.--The plan under paragraph (1)
shall accord a priority among evaluations based on the
criticality of supporting infrastructure, as determined by the
Chairman of the Joint Chiefs of Staff based on an assessment of
employment of forces and threats.
(3) Integration with other efforts.--The plan under
paragraph (1) shall build upon existing efforts regarding the
identification and mitigation of cyber vulnerabilities of major
weapon systems and Department of Defense critical
infrastructure, and shall not duplicate similar ongoing
efforts.
(c) Status on Progress.--The Secretary shall inform the
congressional defense committees of the activities undertaken in the
evaluation of Department of Defense critical infrastructure under this
section as part of the quarterly cyber operations briefings under
section 484 of title 10, United States Code.
(d) Risk Mitigation Strategies.--As part of the evaluation of cyber
vulnerabilities of Department of Defense critical infrastructure, the
Secretary shall develop strategies for mitigating the risks of cyber
vulnerabilities identified in the course of the evaluation.
(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) Department of Defense Critical Infrastructure Defined.--In this
section, the term ``Department of Defense critical infrastructure''
means any asset of the Department of Defense of such extraordinary
importance to the functioning of the Department and the operation of
the military that its incapacitation or destruction from a cyber attack
would have a debilitating effect on the ability of the Department to
fulfill its missions.
SEC. 1638. PLAN FOR INFORMATION SECURITY CONTINUOUS MONITORING
CAPABILITY AND COMPLY-TO-CONNECT POLICY.
(a) Development of Plan.--
(1) In general.--The Chief Information Officer of the
Department of Defense and the Commander of the United States
Cyber Command, in coordination with the Principal Cyber
Adviser, shall jointly develop a plan for a modernized,
enterprise-wide information security continuous monitoring
(ISCM) capability and a comply-to-connect policy.
(2) Elements.--The plan required by paragraph (1) shall
include an architecture, a concept of operations, component
functionality, and interoperability requirements for the tools,
sensors, systems, and processes that comprise the information
security continuous monitoring capability operating under a
comply-to-connect policy.
(b) Implementation of Plan.--The Chief Information Officer and the
Commander shall each issue such directives for Department of Defense
components as they each consider appropriate to take actions to comply
with the plan and policy developed under paragraph (1).
(c) Timeframe.--The Chief Information Officer and the Commander
shall ensure that the plan and policy required by subsection (a) is
developed, and the directives required by subsection (b) are issued,
before such time as is necessary for components of the Department of
Defense to include necessary funding and program plans in program
objective memoranda for the budget submitted by the President under
section 1105(a) of title 31, United States Code, for fiscal year 2019.
(d) Software License Compliance Matters.--The plan and policy
required by subsection (a) shall enable compliance 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).
(e) Limitation on Future Software Licensing.--
(1) In general.--The Secretary of Defense may not obligate
or expend any funds for a software license for the Department
of Defense for which the Department would spend in excess of
$5,000,000 annually 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 take effect--
(A) in the case of a contract for new software
licensing, on January 1, 2018; and
(B) in the case of a contract relating to software
licensing that was already in effect, on January 1,
2020.
(f) Integration With Other Capabilities.--The Chief Information
Officer and the Commander of United States Cyber Command shall ensure
that information generated through automated- and automation assisted
processes for continuous monitoring, asset management, and comply-to-
connect policies and processes is accessible and usable in machine-
readable form by cyber protection teams and computer network defense
service providers.
SEC. 1639. REPORT ON AUTHORITY DELEGATED TO SECRETARY OF DEFENSE TO
CONDUCT CYBER OPERATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report outlining in detail the
authorities that have been delegated by the President to the Secretary
for the conduct of cyber operations.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) A detailed description of the standing authorities and
limitations that authorize or limit the Secretary's response
to--
(A) a malicious cyber activity carried out against
the United States or a United States person by a
foreign power (as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)); or
(B) malicious cyber activity against an entity of
the Department of Defense.
(2) A detailed description of how the authorities described
in subsection (a) compare to the authorities delegated to the
Secretary regarding activities in non-cyber domains.
SEC. 1640. DETERRENCE OF ADVERSARIES IN CYBERSPACE.
(a) Report on Deterrence of Adversaries in Cyberspace.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, 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 to deter Russia, China,
Iran, North Korea, and terrorist organizations in cyberspace.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A description of the options described in
paragraph (1).
(B) For each option described under subparagraph
(A), an assessment of the effectiveness of the option.
(C) An integrated priorities list for cyber
deterrence capabilities of the Department of Defense
that identifies, at a minimum, high priority capability
needs prioritized across armed force and functional
lines, risk areas, and long-term strategic planning
issues.
(b) Report on Acts of War in Cyberspace.--
(1) In general.--Not later than 60 days after the date on
which the Chairman submits the report required by subsection
(a)(1), the President shall submit to the congressional defense
committees a report on determining when an action carried out
in cyberspace constitutes an act of war against the United
States.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Identification of what actions carried out in
cyberspace constitute an act of war against the United
States.
(B) Identification of how the law of war applies to
cyber operations of the Department of Defense.
(C) Identification of the circumstances required
for responding to a cyber attack against the United
States.
(D) A declaratory policy on the use of cyber
weapons by the United States.
(3) Considerations.--In preparing the report required by
paragraph (1), the President shall consider the following:
(A) Whether a cyber attack must demonstrate a use
of force to be considered an act of war.
(B) The ways in which the effects of a cyber attack
may be equivalent to effects of an attack using
conventional weapons, including with respect to
physical destruction or casualties.
(C) Intangible effects of significant scope,
intensity, or duration.
(D) How the law of neutrality applies, how the
utilization or exploitation of communications
infrastructure in neutral States applies, and what
limitations, if any, apply in exercising the right of
the United States to act in self-defense through a
cyber-operation.
Subtitle D--Nuclear Forces
SEC. 1651. 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. 1652. MODIFICATION OF REPORT ON ACTIVITIES OF THE COUNCIL ON
OVERSIGHT OF THE NATIONAL LEADERSHIP COMMAND, CONTROL,
AND COMMUNICATIONS SYSTEM.
Section 171a(e) of title 10, United States Code, is amended 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. 1653. 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. 1654. SENSE OF CONGRESS ON NUCLEAR DETERRENCE.
The following is the sense of Congress:
(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 its allies in an
increasingly dangerous world in which foreign adversaries,
including the Russian Federation, are making explicit nuclear
threats against the United States and its allies. Strong United
States nuclear forces assure United States allies 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.
(2) 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. Possessing a range of capabilities and options to
counter nuclear threats assures United States allies and
enhances the credibility of United States nuclear deterrence by
reinforcing the resolve of the United States in the minds of
United States allies and potential adversaries.
(3) 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.
(4) 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 United
States allies in nuclear defense planning, training,
and exercises to demonstrate the commitment of the
United States and its allies and their solidarity
against nuclear threats and coercion.
(5) The North Atlantic Treaty Organization (NATO) must make
it clear at the NATO summit in Warsaw, Poland, in July 2016
that NATO has taken steps to address the nuclear provocations
of the Russian Federation, particularly including steps to
counter any calculation by the Russian Federation that the use
of nuclear weapons against NATO members could have other than
incalculable consequences for the Russian Federation. Effective
deterrence requires that NATO clearly communicate that reality
to the leaders of the Russian Federation, conduct realistic
nuclear planning and exercises, and modernize the full suite of
dual-capable aircraft and associated command and control
networks and facilities.
SEC. 1655. EXPEDITED DECISION WITH RESPECT TO 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.
Subtitle E--Missile Defense Programs
SEC. 1661. 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) It 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 that 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).
SEC. 1662. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM CODEVELOPMENT
AND COPRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated for Procurement, Defense-wide, and available for
the Missile Defense Agency, not more than $42,000,000 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 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 agreement specified in subparagraph
(A) is being implemented as provided in such
bilateral agreement; and
(ii) an assessment detailing any risks
relating to the implementation of such
bilateral agreement.
(b) 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 on the date of the enactment of
this Act may be expended or obligated until the appropriate
congressional committees receive the plan required by subsection (d) of
such section (Public Law 114-92; 129 Stat. 1136).
(c) 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. 1663. 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. 1664. REVIEW OF PRE-LAUNCH MISSILE DEFENSE STRATEGY.
(a) Review.--The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff shall jointly conduct a review of the strategy,
programs, and capabilities to counter cruise and ballistic missiles
prior to launch in support of regional and homeland missile defense,
using the full range of active, passive, kinetic, and nonkinetic
defense measures.
(b) Elements.--The review under subsection (a) shall address the
following:
(1) The pre-launch missile defense policy, strategy, and
objectives of the United States.
(2) The existing and planned programs across the services
and the Department to develop pre-launch missile defense
capabilities.
(3) 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.
(4) The process for determining requirements for pre-launch
missile defense capabilities under such programs, including
input from the joint military requirements process.
(5) The plans to include such programs into the
Department's Integrated Air and Missile Defense architecture.
(6) The budget profile for such programs across the Future
Years Defense Program.
(7) The role of international cooperation on pre-launch
missile defense capabilities and the plans, policies, and
requirements for integration and interoperability of such
capabilities with allies.
(8) Any other matters the Secretary determines relevant.
(c) Report.--
(1) Results.--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 setting forth the
results of the review under subsection (a).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Threat report.--In conjunction with the report
submitted under paragraph (1), the Secretary, in coordination
with the Director of National Intelligence, shall submit to the
congressional defense committees a classified report with an
assessment of the tactical ballistic and cruise missile threat
to the United States, deployed forces of the United States, and
allies of the United States.
(d) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(D) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Pre-launch missile defense programs.--The term ``pre-
launch missile defense programs'' means programs that would
lead to improving the capabilities of the United States to
counter cruise and ballistic missiles before they are launched
against the United States homeland, United States deployed
forces, or allies of the United States.
SEC. 1665. MODIFICATION OF NATIONAL MISSILE DEFENSE POLICY.
Section 2 of the National Missile Defense Act of 1999 (Public Law
106-38; 10 U.S.C. 2431 note) is amended by striking ``limited''.
SEC. 1666. EXTENSION OF PROHIBITIONS ON PROVIDING CERTAIN MISSILE
DEFENSE INFORMATION TO THE RUSSIAN FEDERATION.
Section 130h(d) of title 10, United States Code, is amended by
striking ``2017'' and inserting ``2018''.
Subtitle F--Other Matters
SEC. 1671. 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;
(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) Requirement for report.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Joint Chiefs of Staff shall submit to the congressional defense
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) Defense Intelligence Enterprise Defined.--In this section, 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:
(1) The Department of Defense.
(2) The Joint Staff.
(3) The combatant commands.
(4) The military departments.
(5) Other elements of the Department of Defense that
perform national intelligence, defense intelligence,
intelligence-related, counterintelligence, or security
functions.
SEC. 1672. MILESTONE A DECISION FOR THE CONVENTIONAL PROMPT GLOBAL
STRIKE WEAPONS SYSTEM.
The Secretary of Defense shall make a Milestone A decision for the
Conventional Prompt Global Strike Weapons System not later than the
earlier of--
(1) September 30, 2020; or
(2) the date that is 8 months after the successful
completion of Intermediate Range Flight 2 of that System.
SEC. 1673. CYBER CENTER FOR EDUCATION AND INNOVATION AND NATIONAL
CRYPTOLOGIC MUSEUM.
(a) In General.--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 and National
Cryptologic Museum
``(a) Establishment Authorized.--The Secretary of Defense may
establish at Fort George G. Meade, Maryland, a center to be known as
the `Cyber Center for Education and Innovation and the National
Cryptologic Museum' (in this section referred to as the `Center'). The
Center may be used for the identification, curation, storage, and
public viewing of materials relating to the activities of the National
Security Agency and the Central Security Service, any 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 non-profit
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 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 such phase 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. For purposes of this section and any other
provision of law, employees or personnel of the Foundation may
not be considered to be employees of the United States.
``(d) Use of Certain Gifts.--
``(1) Management of smaller gifts.--Under regulations
prescribed by the Secretary, the Director of the National
Security Agency may, without regard to section 2601 of this
title, accept, hold, administer, invest, and spend for the
benefit of the Center any gift, devise, or bequest of personal
property, or of money of a value of $500,000 or less, made for
the benefit of the Center.
``(2) Payment of expenses.--The Director may pay or
authorize the payment of any reasonable and necessary expenses
in connection with the conveyance or transfer of a gift,
devise, or bequest under this subsection.
``(e) Authority To Assess Fees and Use of Funds.--
``(1) Fees and user charges.--Under regulations prescribed
by the Secretary, the Director may assess fees and user charges
for 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 used for the benefit of the
Center.
``(f) Fund.--If the Center is established pursuant to subsection
(a), there shall be established on the books of the Treasury a fund to
be known as the `Cyber Center for Education and Innovation and National
Cryptologic Museum Fund'. Gifts of money under subsection (d), and fees
and user charges received under subsection (e), shall be deposited in
the fund and be available until expended for the benefit of the Center,
including costs of operation and of the acquisition of books,
manuscripts, works of art, historical artifacts, drawings, plans,
models, and condemned or obsolete combat materiel.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 449 is amended by adding at the end the following new item:
``4781. Cyber Center for Education and Innovation and National
Cryptologic Museum.''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. 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 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 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.
(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:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location 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
Texas....................................... Fort Hood........................................ $7,600,000
Utah........................................ Camp Williams.................................... $7,400,000
----------------------------------------------------------------------------------------------------------------
(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
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
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 or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Korea.................................. Camp Humphreys............. Family Housing New $143,563,000
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 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
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Kansas............................. Fort Riley............ Unmanned Aerial Vehicle $12,200,000
Complex..................
Japan.............................. Sagami................ Vehicle Maintenance Shop.. $18,000,000
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Installation or
State or Country 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.
(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......................................... $74,700,000
Seal Beach...................................... $21,007,000
Florida..................................... Eglin Air Force Base........................... $20,489,000
Hawaii....................................... Barking Sands................................... $43,384,000
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 Naval Station........................... $27,000,000
Washington................................... Bangor.......................................... $40,415,000
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 installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam.......................................... Joint Region Marianas........................... $89,185,000
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....................
----------------------------------------------------------------------------------------------------------------
(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:
Navy: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Greece................................. Souda Bay................ Intermodal Access Road... $4,630,000
South Carolina......................... Beaufort................. Recycling/Hazardous Waste $3,743,000
Facility................
Worldwide Unspecified.................. Various Worldwide........ BAMS Operation Facilities $34,048,000
----------------------------------------------------------------------------------------------------------------
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 $11,334,000
Plant...................
Virginia............................... Quantico................. Academic Instruction $25,731,000
Facility TECOM Schools..
Quantico................. Fuller Road Improvements. $9,013,000
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Clear Air Force Station..................... $20,000,000
Eielson Air Force Base...................... $295,600,000
Joint Base Elmendorf-Richardson............. $29,000,000
Arizona........................................ Luke Air Force Base......................... $20,000,000
California..................................... Edwards Air Force Base...................... $24,000,000
Colorado....................................... Buckley Air Force Base...................... $13,500,000
Delaware....................................... Dover Air Force Base........................ $39,000,000
Florida........................................ Eglin Air Force Base........................ $88,600,000
Patrick Air Force Base...................... $13,500,000
Georgia........................................ Moody Air Force Base........................ $30,900,000
Kansas......................................... McConnell Air Force Base.................... $19,800,000
Louisiana...................................... Barksdale Air Force Base.................... $21,000,000
Maryland...................................... Joint Base Andrews.......................... $66,500,000
Massachusetts.................................. Hanscom Air Force Base...................... $20,000,000
Montana........................................ Malmstrom Air Force Base.................... $14,600,000
Nevada......................................... Nellis Air Force Base....................... $10,600,000
New Mexico..................................... Cannon Air Force Base....................... $21,000,000
Holloman Air Force Base..................... $10,600,000
Kirtland Air Force Base..................... $7,300,000
Ohio........................................... Wright-Patterson Air Force Base............. $12,600,000
Oklahoma....................................... Altus Air Force Base........................ $11,600,000
Tinker Air Force Base....................... $43,000,000
Texas.......................................... Joint Base San Antonio...................... $67,300,000
Utah........................................... Hill Air Force Base......................... $44,500,000
Virginia....................................... Joint Base Langley-Eustis................... $59,200,000
Washington..................................... Fairchild Air Force Base.................... $27,000,000
Wyoming........................................ F. E. Warren Air Force Base................. $5,550,000
----------------------------------------------------------------------------------------------------------------
(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 installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Darwin...................................... $30,400,000
Germany........................................ Ramstein Air Base........................... $43,465,000
Spangdahlem Air Base........................ $13,437,000
Guam........................................... Joint Region Marianas....................... $80,658,000
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 Croughton................... $69,582,000
----------------------------------------------------------------------------------------------------------------
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.
(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 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 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:
Air Force: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands........................ Saipan..................... PAR--Airport Pol/Bulk $18,500,000
Storage AST.............
Saipan..................... PAR--Hazardous Cargo Pad. $8,000,000
Saipan..................... PAR--Maintenance Facility $2,800,000
Worldwide Unspecified (Italy).......... Aviano Air Base............ Guardian Angel Operations $22,047,000
Facility................
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
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:
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........................................ $8,105,000
CONUS Classified.............................. Battalion Complex............................... $179,924,000
----------------------------------------------------------------------------------------------------------------
(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........................................ Iwakuni....................................... $6,664,000
Kadena Air Base............................... $161,224,000
Yokata Air Base............................... $113,731,000
Marshall Islands............................ 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, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
Energy Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
American Samoa................................ American Samoa.................................. $2,100,000
Alaska........................................ Joint Base Elmendorf Richardson................. $1,107,000
California.................................... Edwards Air Force Base.......................... $8,400,000
Fort Hunter Liggett............................. $5,400,000
Naval Base San Diego............................ $4,230,000
Colorado...................................... Fort Carson..................................... $5,000,000
Schriever Air Force Base........................ $3,295,000
Georgia....................................... Fort Benning.................................... $2,200,000
Naval Submarine Base Kings Bay.................. $3,230,000
Guam.......................................... Naval Base Guam................................. $9,780,000
Louisiana..................................... Fort Polk....................................... $1,900,000
Maryland..................................... Naval Support Activity South Potomac............ $1,410,000
Michigan...................................... Detroit Arsenal................................. $2,050,000
New Mexico.................................... Kirtland Air Force Base......................... $1,350,000
New York...................................... Fort Drum....................................... $4,500,000
Ohio.......................................... Wright Patterson Air Force Base................. $14,400,000
Pennsylvania.................................. Tobyhanna Army Dept............................. $850,000
South Carolina................................ Marine Corps Air Station Beaufort............... $1,395,000
Tennessee..................................... Arnold Air Force Base........................... $1,215,000
Texas......................................... Fort Hood....................................... $1,300,000
Utah.......................................... Dugway Proving Ground........................... $7,500,000
Hill Air Force Base............................. $1,638,000
Tooele Army Depot............................... $8,200,000
Virginia...................................... Fort Lee........................................ $1,250,000
Various Locations............................. Various Locations............................... $17,473,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects 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
----------------------------------------------------------------------------------------------------------------
Bahamas....................................... Andros Island Naval Air Station Key West........ $980,000
Diego Garcia.................................. Naval Support Facility Diego Garcia............. $17,010,000
Guantanamo Bay................................ Naval Station Guantanamo Bay.................... $6,080,000
Japan......................................... Kadena Air Base................................. $4,007,000
Misawa Air Base................................. $5,315,000
Yokota Air Base................................. $1,725,000
Various Locations............................. Various Locations............................... $3,710,000
----------------------------------------------------------------------------------------------------------------
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 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
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location 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
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location 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..................
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.
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 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.... Doppler Very High $4,100,000
Frequency
Omnidirectional
Radio Range (VOR)
Infrastructure.....
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.............. Chinhae........... Upgrade Electrical $4,600,000
System, Pier 11....
Navy.............. Chinhae........... Indoor Training Pool $2,800,000
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........
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 Terminal $40,000,000
Facility...........
Air Force......... Osan Air Base..... Construct F-16 Quick $7,500,000
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....
----------------------------------------------------------------------------------------------------------------
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.
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
----------------------------------------------------------------------------------------------------------------
Hawaii...................................... Hilo............................................. $31,000,000
Colorado.................................... Fort Carson...................................... $16,500,000
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................................ York............................................. $9,300,000
Rhode Island................................ East Greenwich................................... $20,000,000
Utah........................................ Camp Williams.................................... $37,000,000
Wyoming..................................... 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, 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..................................... $6,000,000
----------------------------------------------------------------------------------------------------------------
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 International Airport.................. $6,300,000
Florida....................................... Jacksonville International Airport............. $9,000,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam................. $11,000,000
Iowa.......................................... Sioux Gateway Airport.......................... $12,600,000
Minnesota..................................... Duluth International Airport................... $7,600,000
New Hampshire................................. Pease International Trade Port................. $1,500,000
North Carolina................................ Charlotte/Douglas International Airport........ $50,600,000
South Carolina................................ McEntire Air National Guard Station............ $8,400,000
Texas......................................... Ellington Field................................ $4,500,000
Vermont....................................... Burlington International Airport............... $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.
SEC. 2613. 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 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. 2614. 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 Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................. Camp Parks................. Army Reserve Center...... $17,500,000
March Air Force Base....... NOSC Moreno Valley $11,086,000
Reserve Training Center.
Florida................................ Homestead Air Reserve Base. 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
----------------------------------------------------------------------------------------------------------------
SEC. 2615. REPORT ON REPLACEMENT OF SECURITY FORCES AND COMMUNICATIONS
TRAINING FACILITY AT FRANCES S. GABRESKI AIR NATIONAL
GUARD BASE, NEW YORK.
(a) Findings.--Congress makes the following findings:
(1) The 106th Rescue Wing at Francis S. Gabreski Air
National Guard Base, New York, provides combat search and
rescue coverage for United States and allied forces.
(2) The mission of 106th Rescue Wing is to provide
worldwide Personnel Recovery, Combat Search and Rescue
Capability, Expeditionary Combat Support, and Civil Search and
Rescue Support to Federal and State entities.
(3) The current security forces and communications facility
at Frances S. Gabreski Air National Guard Base, specifically
building 250, has fire safety deficiencies and does not comply
with anti-terrorism/force protection standards, creating
hazardous conditions for members of the Armed Forces and
requiring expeditious abatement.
(b) Report.--Not later than 180 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 setting forth an
assessment of the need to replace the security forces and
communications training facility at Frances S. Gabreski Air National
Guard Base.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
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
Changes
SEC. 2801. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN
CERTAIN AREAS OUTSIDE THE UNITED STATES.
Section 2808 of the National Defense 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 National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1169), is
further amended--
(1) in subsection (c)(1)--
(A) by striking ``October 1, 2015'' and inserting
``October 1, 2016'';
(B) by striking ``December 31, 2016'' and inserting
``December 31, 2017''; and
(C) by striking ``fiscal year 2017'' and inserting
``fiscal year 2018''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``December 31,
2016'' and inserting ``December 31, 2017''; and
(B) in paragraph (2), by striking ``fiscal year
2017'' and inserting ``fiscal year 2018''.
SEC. 2802. 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
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. 2803. PERMANENT 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.
(a) Permanent Authority.--Section 2804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
2350j note) is amended by striking subsection (f).
(b) Conforming Amendment.--The heading of such section is amended
by striking ``temporary''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION PROJECTS FOR
ENERGY RESILIENCY AND SECURITY PROJECTS NOT PREVIOUSLY
AUTHORIZED.
(a) In General.--Section 2914 of title 10, United States Code, is
amended--
(1) in the section heading, by inserting ``resiliency and''
before ``conservation construction projects''; and
(2) in subsection (a), by striking ``military construction
project for energy conservation'' and inserting ``military
construction project for energy resiliency and security, in
addition to energy conservation''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 173 of such title is amended by striking the item relating to
section 2914 and inserting the following new item:
``2914. Energy resiliency and conservation construction projects.''.
SEC. 2812. AUTHORITY OF THE SECRETARY CONCERNED TO ACCEPT LESSEE
IMPROVEMENTS AT GOVERNMENT-OWNED/CONTRACTOR-OPERATED
INDUSTRIAL PLANTS OR FACILITIES.
Section 2535 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Acceptance of Lessee Improvements at Government-owned/
contractor-operated Industrial Plants.--(1) A lease of a Government-
owned/contractor-operated industrial plant or facility may permit the
lessee, with the approval of the Secretary concerned, to alter, expand,
or otherwise improve the plant or facility as necessary for the
development or production of military weapons systems, munitions,
components, or supplies. Such lease may provide, notwithstanding
section 2802 of this title, that such alteration, expansion or other
improvement shall, upon completion, become the property of the
Government, regardless of whether such alteration, expansion, or other
improvement constitutes all or part of the consideration for the lease
pursuant to section 2667(b)(5) of this title or represents a
reimbursable cost allocable to any contract, cooperative agreement,
grant, or other instrument with respect to activity undertaken at such
industrial plant or facility.
``(2) When a decision is made to approve a project to which
paragraph (1) applies costing more than the threshold specified under
section 2805(c) of this title, the Secretary concerned shall notify the
congressional defense committees in writing of that decision, the
justification for the project, and the estimated cost of the project.
The project may 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.''.
SEC. 2813. TREATMENT OF INSURED DEPOSITORY INSTITUTIONS OPERATING ON
LAND LEASED FROM MILITARY INSTALLATIONS.
Section 2667 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(l) Treatment of Insured Depository Institutions.--All Federal or
State chartered insured depository institutions operating on a military
installation may be treated equally with respect to the financial terms
of leases, services, and utilities.''.
Subtitle C--Land Conveyances
SEC. 2821. 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 Virginia
Transportation Maintenance Yard, and the Washington
Boulevard-Columbia Pike interchange.
(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--
(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) 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.
(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. 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 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 quit claim 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. 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.
(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 the 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 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 quit claim 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. 2824. 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.
``(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. 2825. TRANSFER OF ADMINISTRATIVE JURISDICTIONS, NAVAJO ARMY DEPOT,
ARIZONA.
(a) In General.--Except as provided under subsection (b), all
administrative jurisdiction of the Secretary of Agriculture over 23,682
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 May 9, 2016, is hereby
transferred to the Secretary of the Army.
(b) Volunteer Mountain Lookout.--The Secretary of Agriculture shall
retain road access to the Volunteer Lookout Mountain as depicted on the
map referred to in subsection (a).
(c) Restoration or Remediation.--
(1) Jurisdiction transferred to the secretary of the
army.--The Secretary of the Army shall be responsible for, and
fund any environmental restoration 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.
(2) Jurisdiction retained by secretary of agriculture.--
With respect to the approximately 4,741 acres of land that were
withdrawn and reserved for use by the Secretary of the Army
pursuant to the Public Land Orders referenced in subsection (d)
for which the Secretary of Agriculture will retain
administrative jurisdiction, the Secretary of the Army shall be
responsible for, and fund any environmental restoration or
remediation that is required for, the abatement of any release
of hazardous substances, pollutants, contaminants, or petroleum
products on the lands that occurred prior to the date of the
enactment of this section.
(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. 2826. 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,
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.
Subtitle D--Utah Land Withdrawals and Exchanges.
PART I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND
ADJACENT TO THE UTAH TEST AND TRAINING RANGE
SEC. 2831. SHORT TITLE.
This part may be cited as the ``Utah Test and Training Range
Encroachment Prevention and Temporary Closure Act''.
SEC. 2832. DEFINITIONS.
In this part:
(1) BLM land.--The term ``BLM land'' means certain public
land administered by the Bureau of Land Management land 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 May 7, 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. 2833. 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 part.
(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 2836 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 part.
(4) Permits and rights-of-way.--
(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 2832(1).
(c) Land Safety.--If corrective action is necessary on the BLM land
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 part.
(e) Grazing.--
(1) Effect.--Nothing in this part impacts 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. 2834. 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 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
during which 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
2832(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.
(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. 2835. 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. 2836. 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.--
(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 \1/2\ 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 retired; 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.--The Community Group shall terminate
on the date that is 10 years after the date of enactment of this Act.
SEC. 2837. SAVINGS CLAUSES.
(a) Effect on Weapon Impact Area.--Nothing in this part 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 part 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 part limits or alters the Military 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.--
(1) Knolls special recreation management area; blm
community pits.--Except as otherwise provided in section 2834,
nothing in this part limits or alters any existing right or
right of access to--
(A) the Knolls Special Recreation Management Area;
or
(B)(i) the Bureau of Land Management Community Pits
Central Grayback and South Grayback; and
(ii) any other county or community pit located
within close proximity to the BLM land.
(e) Interstate 80.--Nothing in this part 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 part 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 part 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
part 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 part 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.
PART II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH STATE OF UTAH
SEC. 2841. DEFINITIONS.
In this part:
(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 May 7, 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, 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. 2842. 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 title 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 part.
(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 part 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 part 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.
(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 part
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 part 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 part 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 part
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 part--
(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 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 part 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 part 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 part is used by a grazing permittee or lessee
to meet the base property requirements for a Federal 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 part is withdrawn from mineral
location, entry, and patent under the mining laws pending conveyance of
the Federal land to the State.
SEC. 2843. STATUS AND MANAGEMENT OF NON-FEDERAL LAND ACQUIRED BY THE
UNITED STATES.
(a) In General.--On conveyance to the United States under this
part, 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 part, 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 part,
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. 2844. HAZARDOUS MATERIALS.
(a) Costs.--Except as provided in subsection (b), the costs of
remedial actions relating to hazardous materials on land acquired under
this part 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 evaluation,
management, and remediation caused by 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 part.
Subtitle E--Other Matters
SEC. 2851. CERTIFICATION OF OPTIMAL LOCATION FOR 4TH AND 5TH GENERATION
COMBAT AIRCRAFT BASING AND FOR ROTATION OF FORCES AT
NAVAL AIR STATION EL CENTRO OR MARINE CORPS AIR STATION
KANEOHE BAY.
(a) Next Generation Facility Certification.--No amounts may be
expended for the construction of hangars, housing, maintenance or
related facilities to support any current or future F/A-18 or F-35
squadrons at Naval Air Station Lemoore, California, as authorized by
section 2201, until the Secretary of Defense certifies to the
congressional defense committees that the Secretary has determined,
based on an analysis of United States operational requirements, that
Naval Air Station Lemoore remains the optimal location for F/A-18 or F-
35 squadrons. The certification shall include an explanation of the
basis for the certification.
(b) El Centro and Kaneohe Bay Utilization.--
(1) Determination.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Chief of Naval Operations, shall submit
to the congressional defense committees a determination of the
operational viability of the use of Naval Air Facility El
Centro, California, or Marine Corps Air Station Kaneohe Bay,
Hawaii, for the rotational presence of--
(A) fighter aircraft for air-to-air training; or
(B) naval forces.
(2) Basis of determination.--The submission to the
congressional defense committees under paragraph (1) shall
include an explanation of the basis for the determination.
(3) Plan.--If the Secretary of Defense determines that
Naval Air Facility El Centro or Marine Corps Air Station
Kaneohe Bay is a viable option for one or more of the uses
specified in paragraph (1), the Secretary shall, not later than
April 1, 2018, submit to the congressional defense committees a
plan for such uses that includes the following elements:
(A) The types and number of naval forces or air-to-
air training fighter aircraft considered for rotational
purposes.
(B) The duration and frequency of such assignment.
(C) A description of any additional infrastructure
investment required to support such assignment.
(D) An assessment of the impact to permanent
manpower levels necessary to support such assignment.
SEC. 2852. 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).
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs 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-401, Saltstone Disposal Unit Number 7,
Savannah River Site, Aiken, South Carolina, $125,443,000.
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.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2017 for defense environmental cleanup
activities in carrying out programs as specified in the funding table
in section 4701.
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. COMMON FINANCIAL SYSTEMS FOR THE NUCLEAR SECURITY
ENTERPRISE.
(a) In General.--By not later than three years after the date of
the enactment of this Act, the Administrator for Nuclear Security shall
complete the implementation of a common financial system for the
nuclear security enterprise.
(b) Elements.--The common financial system implemented pursuant to
subsection (a) shall include the following:
(1) Common data reporting requirements for work performed
using funds for 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 costs for
programs of records and base capabilities within the
Administration.
(4) A capability to use 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.--
(1) In general.--Not later than March 1, 2017, and each
year thereafter, the Administrator shall submit to the
congressional defense committees a report on progress of the
Administration toward implementing a common financial 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, and
challenges in connection with the implementation of a
common financial 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 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
system for the nuclear security enterprise, including
an update on possible risks or challenges in connection
with the implementation.
(3) Termination.--No report is required under this
subsection after the completion of the implementation of a
common financial 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. 3112. 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 purpose of--
(1) lowering costs and administrative burdens; while
(2) 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 facilities and sites
of the Administration, including the following:
(A) Laboratories.
(B) Production plants.
(C) Such other facilities and sites as the
Administrator considers appropriate.
(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 purpose 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
Administration 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 submit to the congressional defense 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 such 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.
(e) Termination.--The committee shall terminate after the submittal
under subsection (d) of the report required by that subsection that
covers 2026.
SEC. 3113. LIMITATION ON ACCELERATION OF DISMANTLEMENT OF RETIRED
NUCLEAR WEAPONS.
(a) Limitation.--Except as provided in subsections (b) and (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 dismantlement of the nuclear weapons of the
United States to a rate faster than the rate mandated by the total
projected dismantlement schedule included in table 2-7 of the annex to
the stockpile stewardship and management plan for fiscal year 2016
submitted to Congress in March 2015 under section 4203 of the Atomic
Energy Defense Act (50 U.S.C. 2523).
(b) Exception for Compliance With Certain Commitments.--
(1) Certification.--The limitation under subsection (a)
shall not apply with respect to a fiscal year if the President
submits to the appropriate congressional committees a
certification that the President has--
(A) requested, in the budget of the President for
that fiscal year submitted to Congress under section
1105(a) of title 31, United States Code, sufficient
amounts to fulfill for that fiscal year all commitments
related to nuclear modernization funding, capabilities,
and schedules that the President made to the Senate
during the consideration by the Senate of the
resolution of advice and consent to ratification of the
New START Treaty, as described in--
(i) the document entitled, ``Message from
the President on the New START Treaty'', dated
February 2, 2011; and
(ii) the fiscal year 2012 update to the
report required by section 1251 of the National
Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2549), submitted
to Congress in February 2011; and
(B) except as provided in paragraph (2), fulfilled
all such commitments.
(2) Exception.--If, for any fiscal year covered by the
limitation under subsection (a), an appropriations Act is
enacted that appropriates amounts that are insufficient for the
President to fulfill the commitments described in paragraph
(1)(A), the President may certify under paragraph (1)(B) that
the President has fulfilled such commitments to the extent
possible with available funds.
(c) Exception for Certain Stockpile Management and Life Extension
Components.--The limitation under subsection (a) shall not apply if the
President submits to the appropriate congressional committees a written
certification that the funds described in subsection (a) are required
for activities necessary to obtain critical components that could not
reasonably be acquired elsewhere for use in life extension, weapon
alteration, or weapon modification programs as described in the
stockpile stewardship and management plan for fiscal year 2016
submitted to Congress in March 2015 under section 4203 of the Atomic
Energy Defense Act (50 U.S.C. 2523).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) New start treaty.--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. 3114. CONTRACT FOR MIXED-OXIDE FUEL FABRICATION FACILITY
CONSTRUCTION PROJECT.
(a) In General.--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 the following:
(1) Assessing the contractual, technical, and managerial
risks for the Department of Energy and the contractor
responsible for the mixed-oxide fuel fabrication facility at
the Savannah River Site, Aiken, South Carolina, as of such date
of enactment.
(2) Assessing what elements of the contract in effect on
such date of enactment between the Department of Energy and
that contractor can be changed to--
(A) a fixed price provision;
(B) a fixed price incentive fee provision; or
(C) another contractual mechanism designed to
minimize risk to the Department of Energy while
reducing cost.
(3) Assessing the options under paragraph (2), including
milestones, cost, schedules, and any damage fees for those
options.
(4) Making recommendations on changes to the contract,
based on the assessments described in paragraphs (1), (2), and
(3), to reduce risk and cost to the Department of Energy while
preserving a fair and reasonable contract.
(5) For each element of the contract that the Chief of
Engineers does not recommend be changed pursuant to paragraph
(4), an assessment of the risks and costs associated with that
element and a description of why that element is not
appropriate for the provision types described in paragraph (2).
(b) Consultations.--In acting as an owner's agent under subsection
(a), the Chief of Engineers shall consult with the Secretary of Energy,
the contractor described in subsection (a)(1), and other knowledgeable
parties, as appropriate.
(c) Report of Owner's Agent.--Not later than 30 days after entering
into the arrangement under subsection (a), the Chief of Engineers shall
submit to the Secretary of Energy a report on the matters assessed
under that subsection.
(d) Submissions by Department of Energy.--Not later than 60 days
after receiving the report required by subsection (c), the Secretary of
Energy shall transmit to the congressional defense committees and the
Comptroller General of the United States--
(1) the report;
(2) any comments of the Secretary with respect to the
report;
(3) a determination of whether the contractor described in
subsection (a)(1) 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; and
(4) if the contractor will not agree to such revisions, a
description of the reasons given for not agreeing to such
revisions.
(e) Assessment by Government Accountability Office.--Not later than
30 days after receiving the report and other matters under subsection
(d), the Comptroller General of the United States shall submit to the
congressional defense committees an assessment of the actions taken by
the Secretary of Energy under this section.
SEC. 3115. UNAVAILABILITY FOR GENERAL AND ADMINISTRATIVE OVERHEAD COSTS
OF AMOUNTS SPECIFIED FOR CERTAIN LABORATORIES FOR
LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
(a) In General.--Section 4811(c) of the Atomic Energy Defense Act
(50 U.S.C. 2791(c)) is amended--
(1) by striking ``(c) Funding.--Of the funds'' and
inserting the following:
``(c) Funding.--
``(1) In general.--Of the funds''; and
(2) by adding at the end the following new paragraph:
``(2) Unavailability for certain costs.--The amount
specified for such laboratories pursuant to paragraph (1) may
not be used to cover the costs of such laboratories for general
and administrative overhead.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act.
SEC. 3116. 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''.
Subtitle C--Plans and Reports
SEC. 3121. ESTIMATE OF TOTAL LIFE CYCLE COST OF TANK WASTE CLEANUP AT
HANFORD RESERVATION.
(a) In General.--Not later than one year 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 Reservation,
Richland, Washington.
(b) Elements.--The total life cycle cost estimate required by
subsection (a) shall include the following:
(1) Cost estimates for the following:
(A) The Waste Treatment and Immobilization Plant,
assuming full startup and commissioning in 2036.
(B) Operations of the Waste Treatment and
Immobilization Plant, for two scenarios, assuming
operations continue to 2047 and assuming operations
continue to 2057.
(C) Tank waste management and treatment operations
for two scenarios, assuming operations continue through
2047 and assuming operations continue through 2057.
(2) Cost estimates associated with the following:
(A) Anticipated increases in the volume of tank
waste.
(B) A second, supplemental low-activity waste
treatment facility.
(C) The effects of extending the schedule for
cleanup of tank waste at Hanford Reservation from 2047
to 2057.
(D) High-level waste canister temporary storage,
transportation, and permanent disposal.
(E) Any additional facilities that may be needed to
treat tank waste at Hanford Reservation.
(c) Cost Estimating Best Practices.--The total life cycle cost
estimate 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, with
the total life cycle cost estimate 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 total life cycle cost estimate is required to be submitted
under subsection (a).
SEC. 3122. 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, in whole or after further processing or
reclassification.
(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.
(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''), 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) Analytical Approach.--The analysis required by subsection (a)
shall be conducted using state-of-the art risk assessment practices
such as probabilistic risk assessment.
(d) 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.
(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, 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 required by
subsection (d).
(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 (d), and any comments of the
Secretary on the analysis or review.
SEC. 3123. ANALYSES OF OPTIONS FOR DISPOSAL OF HIGH-LEVEL RADIOACTIVE
WASTE.
(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 comprehensive analyses of the costs, schedules, benefits, and
risks of the options for the disposal of high-level radioactive waste
managed by the Department of Energy referenced in the report of the
Department, dated October 2014, on the disposal of high-level
radioactive waste and spent nuclear fuel managed by the Department.
(b) Elements.--The analyses required by subsection (a) shall
include the following:
(1) An analysis of, at a minimum, the following options for
the disposal of high-level radioactive waste managed by the
Department of Energy:
(A) A single common repository for commercial and
defense high-level radioactive waste.
(B) Various options for separate repositories for
commercial and defense high-level radioactive waste.
(2) An estimate of the total system life cycle cost and
schedule for each of the options described in subparagraphs (A)
and (B) of paragraph (1) that--
(A) includes estimates for each phase of work on
each such option, including site selection and
characterization, licensing activities, design and
construction of the repositories, operation of the
repositories, transportation of waste, and closure and
monitoring; and
(B) is developed in accordance with the cost and
schedule best practices of the Government
Accountability Office.
(3) An assessment of the benefits and risks associated with
each of the options described in subparagraphs (A) and (B) of
paragraph (1) that--
(A) uses sensitivity analysis and other techniques,
as appropriate, to determine the potential effects of
those benefit and risks on the cost and schedule
estimates required by paragraph (2); and
(B) includes benefit-cost or cost-effectiveness
analyses following the guidelines established by the
Office of Management and Budget in Circular A-94.
(c) Submission of Analyses.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees and the Comptroller General of the
United States the analyses required by subsection (a).
(d) Review by Government Accountability Office.--Not later than 60
days after receiving the analyses pursuant to subsection (c), the
Comptroller General shall submit to the congressional defense
committees a review of the design, methodology, and conclusions of the
analyses.
(e) Limitation on Use of Funds.--Except to the extent necessary to
execute the arrangement required by subsection (a), the Secretary may
not obligate or expend any amounts authorized to be appropriated by
this Act for fiscal year 2017 for the Department of Energy for the
development of a repository for only defense waste until the
Comptroller General submits the review required by subsection (d) to
the congressional defense committees.
SEC. 3124. ELIMINATION OF DUPLICATION IN REVIEWS BY COMPTROLLER GENERAL
OF THE UNITED STATES.
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.''.
SEC. 3125. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL OF THE UNITED
STATES REPORT ON THE PROGRAM ON SCIENTIFIC ENGAGEMENT FOR
NONPROLIFERATION.
Section 3122 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 2176), as amended by section
3125 of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 1063), is further amended--
(1) in subsection (b)(1), by striking ``, and to the
Comptroller General of the United States,''; and
(2) by striking subsection (e).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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.).
TITLE XXXIII--FEDERAL AVIATION ADMINISTRATION THIRD CLASS MEDICAL
REFORM AND GENERAL AVIATION PILOT PROTECTIONS
SEC. 3301. SHORT TITLE.
This subtitle may be cited as the ``Pilot's Bill of Rights 2''.
SEC. 3302. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue or revise regulations to ensure that an
individual may operate as pilot in command of a covered aircraft if--
(1) the individual possesses a valid driver's license
issued by a State, territory, or possession of the United
States and complies with all medical requirements or
restrictions associated with that license;
(2) the individual holds a medical certificate issued by
the Federal Aviation Administration on the date of the
enactment of this Act, held such a certificate at any point
during the 10-year period preceding such date of the enactment,
or obtains such a certificate after such date of enactment;
(3) the most recent medical certificate issued by the
Federal Aviation Administration to the individual--
(A) indicates whether the certificate is first,
second, or third class;
(B) may include authorization for special issuance;
(C) may be expired;
(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;
(4) the most recent application for airman medical
certification submitted to the Federal Aviation Administration
by the individual cannot have been completed and denied;
(5) the individual has completed a medical education course
described in subsection (c) during the 24 calendar months
before acting as pilot in command of a covered aircraft and
demonstrates proof of completion of the course;
(6) the individual, when serving as a pilot in command, is
under the care and treatment of a physician if the individual
has been diagnosed with any medical condition that may impact
the ability of the individual to fly;
(7) the individual has received a comprehensive medical
examination from a State-licensed physician during the previous
48 months and--
(A) prior to the examination, the individual--
(i) completed the individual's section of
the checklist described in subsection (b); and
(ii) provided the completed checklist to
the physician performing the examination; and
(B) the physician conducted the comprehensive
medical examination in accordance with the checklist
described in subsection (b), checking each item
specified during the examination and addressing, as
medically appropriate, every medical condition listed,
and any medications the individual is taking; and
(8) the individual is operating in accordance with the
following conditions:
(A) The covered aircraft is carrying not more than
5 passengers.
(B) The individual is operating the covered
aircraft under visual flight rules or instrument flight
rules.
(C) The flight, including each portion of that
flight, is not carried out--
(i) for compensation or hire, including
that no passenger or property on the flight is
being carried for compensation or hire;
(ii) at an altitude that is more than
18,000 feet above mean sea level;
(iii) outside the United States, unless
authorized by the country in which the flight
is conducted; or
(iv) at an indicated air speed exceeding
250 knots.
(b) Comprehensive Medical Examination.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall develop a
checklist for an individual to complete and provide to the
physician performing the comprehensive medical examination
required in subsection (a)(7).
(2) Requirements.--The checklist shall contain--
(A) a section, for the individual to complete that
contains--
(i) boxes 3 through 13 and boxes 16 through
19 of the Federal Aviation Administration Form
8500-8 (3-99);
(ii) a signature line for the individual to
affirm that--
(I) the answers provided by the
individual on that checklist, including
the individual's answers regarding
medical history, are true and complete;
(II) the individual understands
that he or she is prohibited under
Federal Aviation Administration
regulations from acting as pilot in
command, or any other capacity as a
required flight crew member, if he or
she knows or has reason to know of any
medical deficiency or medically
disqualifying condition that would make
the individual unable to operate the
aircraft in a safe manner; and
(III) the individual is aware of
the regulations pertaining to the
prohibition on operations during
medical deficiency and has no medically
disqualifying conditions in accordance
with applicable law;
(B) a section with instructions for the individual
to provide the completed checklist to the physician
performing the comprehensive medical examination
required in subsection (a)(7); and
(C) a section, for the physician to complete, that
instructs the physician--
(i) to perform a clinical examination of--
(I) head, face, neck, and scalp;
(II) nose, sinuses, mouth, and
throat;
(III) ears, general (internal and
external canals), and eardrums
(perforation);
(IV) eyes (general),
ophthalmoscopic, pupils (equality and
reaction), and ocular motility
(associated parallel movement,
nystagmus);
(V) lungs and chest (not including
breast examination);
(VI) heart (precordial activity,
rhythm, sounds, and murmurs);
(VII) vascular system (pulse,
amplitude, and character, and arms,
legs, and others);
(VIII) abdomen and viscera
(including hernia);
(IX) anus (not including digital
examination);
(X) skin;
(XI) G-U system (not including
pelvic examination);
(XII) upper and lower extremities
(strength and range of motion);
(XIII) spine and other
musculoskeletal;
(XIV) identifying body marks,
scars, and tattoos (size and location);
(XV) lymphatics;
(XVI) neurologic (tendon reflexes,
equilibrium, senses, cranial nerves,
and coordination, etc.);
(XVII) psychiatric (appearance,
behavior, mood, communication, and
memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near, and
intermediate vision, field of vision,
color vision, and ocular alignment);
(XXI) blood pressure and pulse; and
(XXII) anything else the physician,
in his or her medical judgment,
considers necessary;
(ii) to exercise medical discretion to
address, as medically appropriate, any medical
conditions identified, and to exercise medical
discretion in determining whether any medical
tests are warranted as part of the
comprehensive medical examination;
(iii) to discuss all drugs the individual
reports taking (prescription and
nonprescription) and their potential to
interfere with the safe operation of an
aircraft or motor vehicle;
(iv) to sign the checklist, stating: ``I
certify that I discussed all items on this
checklist with the individual during my
examination, discussed any medications the
individual is taking that could interfere with
their ability to safely operate an aircraft or
motor vehicle, and performed an examination
that included all of the items on this
checklist. I certify that I am not aware of any
medical condition that, as presently treated,
could interfere with the individual's ability
to safely operate an aircraft.''; and
(v) to provide the date the comprehensive
medical examination was completed, and the
physician's full name, address, telephone
number, and State medical license number.
(3) Logbook.--The completed checklist shall be retained in
the individual's logbook and made available on request.
(c) Medical Education Course Requirements.--The medical education
course described in this subsection shall--
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit
general aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
(6) increase awareness of the impacts of potentially
impairing over-the-counter and prescription drug medications;
(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and
medically disqualifying conditions;
(9) provide the checklist developed by the Federal Aviation
Administration in accordance with subsection (b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit to the
Federal Aviation Administration--
(A) a certification of completion of the medical
education course, which shall be printed and retained
in the individual's logbook and made available upon
request, and shall contain the individual's name,
address, and airman certificate number;
(B) subject to subsection (d), a release
authorizing the National Driver Register through a
designated State Department of Motor Vehicles to
furnish to the Federal Aviation Administration
information pertaining to the individual's driving
record;
(C) a certification by the individual that the
individual is under the care and treatment of a
physician if the individual has been diagnosed with any
medical condition that may impact the ability of the
individual to fly, as required under (a)(6);
(D) a form that includes--
(i) the name, address, telephone number,
and airman certificate number of the
individual;
(ii) the name, address, telephone number,
and State medical license number of the
physician performing the comprehensive medical
examination required in subsection (a)(7);
(iii) the date of the comprehensive medical
examination required in subsection (a)(7); and
(iv) a certification by the individual that
the checklist described in subsection (b) was
followed and signed by the physician in the
comprehensive medical examination required in
subsection (a)(7); and
(E) a statement, which shall be printed, and signed
by the individual certifying that the individual
understands the existing prohibition on operations
during medical deficiency by stating: ``I understand
that I cannot act as pilot in command, or any other
capacity as a required flight crew member, if I know or
have reason to know of any medical condition that would
make me unable to operate the aircraft in a safe
manner.''.
(d) National Driver Register.--The authorization under subsection
(c)(10)(B) shall be an authorization for a single access to the
information contained in the National Driver Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection (a)
and is seeking to serve as a pilot in command of a covered
aircraft shall be required to have completed the process for
obtaining an Authorization for Special Issuance of a Medical
Certificate for each of the following:
(A) A mental health disorder, limited to an
established medical history or clinical diagnosis of--
(i) personality disorder that is severe
enough to have repeatedly manifested itself by
overt acts;
(ii) psychosis, defined as a case in which
an individual--
(I) has manifested delusions,
hallucinations, grossly bizarre or
disorganized behavior, or other
commonly accepted symptoms of
psychosis; or
(II) may reasonably be expected to
manifest delusions, hallucinations,
grossly bizarre or disorganized
behavior, or other commonly accepted
symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the
previous 2 years, as defined in section
67.307(a)(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an
established medical history or clinical diagnosis of
any of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness without
satisfactory medical explanation of the cause.
(iii) A transient loss of control of
nervous system functions without satisfactory
medical explanation of the cause.
(C) A cardiovascular condition, limited to a one-
time special issuance for each diagnosis of the
following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has
required treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a cardiovascular condition, the
process for obtaining an Authorization for Special Issuance of
a Medical Certificate shall be satisfied with the successful
completion of an appropriate clinical evaluation without a
mandatory wait period.
(3) Special rule for mental health conditions.--
(A) In the case of an individual with a clinically
diagnosed mental health condition, the third-class
medical certificate exemption under subsection (a)
shall not apply if--
(i) in the judgment of the individual's
State-licensed medical specialist, the
condition--
(I) renders the individual unable
to safely perform the duties or
exercise the airman privileges
described in subsection (a)(8); or
(II) may reasonably be expected to
make the individual unable to perform
the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is
revoked by the issuing agency as a result of a
clinically diagnosed mental health condition.
(B) Subject to subparagraph (A), an individual
clinically diagnosed with a mental health condition
shall certify every 2 years, in conjunction with the
certification under subsection (c)(10)(C), that the
individual is under the care of a State-licensed
medical specialist for that mental health condition.
(4) Special rule for neurological conditions.--
(A) In the case of an individual with a clinically
diagnosed neurological condition, the third-class
medical certificate exemption under subsection (a)
shall not apply if--
(i) in the judgment of the individual's
State-licensed medical specialist, the
condition--
(I) renders the individual unable
to safely perform the duties or
exercise the airman privileges
described in subsection (a)(8); or
(II) may reasonably be expected to
make the individual unable to perform
the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is
revoked by the issuing agency as a result of a
clinically diagnosed neurological condition.
(B) Subject to subparagraph (A), an individual
clinically diagnosed with a neurological condition
shall certify every 2 years, in conjunction with the
certification under subsection (c)(10)(C), that the
individual is under the care of a State-licensed
medical specialist for that neurological condition.
(f) Identification of Additional Medical Conditions for the CACI
Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall review and
identify additional medical conditions that could be added to
the program known as the Conditions AMEs Can Issue (CACI)
program.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Administrator 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 listing the medical conditions that
have been added to the CACI program under paragraph (1).
(g) Expedited Authorization for Special Issuance of a Medical
Certificate.--
(1) In general.--The Administrator shall implement
procedures to expedite the process for obtaining an
Authorization for Special Issuance of a Medical Certificate
under section 67.401 of title 14, Code of Federal Regulations.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 1 year after the date
of the enactment of this Act, the Administrator 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 describing how the
procedures implemented under paragraph (1) will streamline the
process for obtaining an Authorization for Special Issuance of
a Medical Certificate and reduce the amount of time needed to
review and decide special issuance cases.
(h) Report Required.--Not later than 5 years after the date of the
enactment of this Act, the Administrator, in coordination with the
National Transportation Safety Board, 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 effect of the regulations issued or revised
under subsection (a) and includes statistics with respect to changes in
small aircraft activity and safety incidents.
(i) Prohibition on Enforcement Actions.--Beginning on the date that
is 1 year after the date of the enactment of this Act, the
Administrator may not take an enforcement action for not holding a
valid third-class medical certificate against a pilot of a covered
aircraft for a flight, through a good faith effort, if the pilot and
the flight meet the applicable requirements under subsection (a),
except paragraph (5) of that subsection, unless the Administrator has
published final regulations in the Federal Register under that
subsection.
(j) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft that--
(1) is authorized under Federal law to carry not more than
6 occupants; and
(2) has a maximum certificated takeoff weight of not more
than 6,000 pounds.
(k) Operations Covered.--The provisions and requirements covered in
this section do not apply to pilots who elect to operate under the
medical requirements under subsection (b) or subsection (c) of section
61.23 of title 14, Code of Federal Regulations.
(l) Authority To Require Additional Information.--
(1) In general.--If the Administrator receives credible or
urgent information, including from the National Driver Register
or the Administrator's Safety Hotline, that reflects on an
individual's ability to safely operate a covered aircraft under
the third-class medical certificate exemption in subsection
(a), the Administrator may require the individual to provide
additional information or history so that the Administrator may
determine whether the individual is safe to continue operating
a covered aircraft.
(2) Use of information.--The Administrator may use credible
or urgent information received under paragraph (1) to request
an individual to provide additional information or to take
actions under section 44709(b) of title 49, United States Code.
SEC. 3303. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Appeals of Suspended and Revoked Airman Certificates.--Section
2(d)(1) of the Pilot's Bill of Rights (Public Law 112-153; 49 U.S.C.
44703 note) is amended by striking ``or imposing a punitive civil
action or an emergency order of revocation under subsections (d) and
(e) of section 44709 of such title'' and inserting ``suspending or
revoking an airman certificate under section 44709(d) of such title, or
imposing an emergency order of revocation under subsections (d) and (e)
of section 44709 of such title''.
(b) De Novo Review by District Court; Burden of Proof.--Section
2(e) of the Pilot's Bill of Rights (Public Law 112-153; 49 U.S.C. 44703
note) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--In an appeal filed under subsection (d)
in a United States district court with respect to a denial,
suspension, or revocation of an airman certificate by the
Administrator--
``(A) the district court shall review the denial,
suspension, or revocation de novo, including by--
``(i) conducting a full independent review
of the complete administrative record of the
denial, suspension, or revocation;
``(ii) permitting additional discovery and
the taking of additional evidence; and
``(iii) making the findings of fact and
conclusions of law required by Rule 52 of the
Federal Rules of Civil Procedure without being
bound to any findings of fact of the
Administrator or the National Transportation
Safety Board.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Burden of proof.--In an appeal filed under subsection
(d) in a United States district court after an exhaustion of
administrative remedies, the burden of proof shall be as
follows:
``(A) In an appeal of the denial of an application
for the issuance or renewal of an airman certificate
under section 44703 of title 49, United States Code,
the burden of proof shall be upon the applicant denied
an airman certificate by the Administrator.
``(B) In an appeal of an order issued by the
Administrator under section 44709 of title 49, United
States Code, the burden of proof shall be upon the
Administrator.''; and
(4) by adding at the end the following:
``(4) Applicability of administrative procedure act.--
Notwithstanding paragraph (1)(A) of this subsection or
subsection (a)(1) of section 554 of title 5, United States
Code, section 554 of such title shall apply to adjudications of
the Administrator and the National Transportation Safety Board
to the same extent as that section applied to such
adjudications before the date of the enactment of the Pilot's
Bill of Rights 2.''.
(c) Notification of Investigation.--Subsection (b) of section 2 of
the Pilot's Bill of Rights (Public Law 112-153; 49 U.S.C. 44703 note)
is amended--
(1) in paragraph (2)(A), by inserting ``and the specific
activity on which the investigation is based'' after ``nature
of the investigation'';
(2) in paragraph (3), by striking ``timely''; and
(3) in paragraph (5), by striking ``section 44709(c)(2)''
and inserting ``section 44709(e)(2)''.
(d) Release of Investigative Reports.--Section 2 of the Pilot's
Bill of Rights (Public Law 112-153; 49 U.S.C. 44703 note) is further
amended by inserting after subsection (e) the following:
``(f) Release of Investigative Reports.--
``(1) In general.--
``(A) Emergency orders.--In any proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to the amendment, modification,
suspension, or revocation of an airman certificate, in
which the Administrator issues an emergency order under
subsections (d) and (e) of section 44709, section
44710, or section 46105(c) of title 49, United States
Code, or another order that takes effect immediately,
the Administrator shall provide to the individual
holding the airman certificate the releasable portion
of the investigative report at the time the
Administrator issues the order. If the complete Report
of Investigation is not available at the time the
Emergency Order is issued, the Administrator shall
issue all portions of the report that are available at
the time and shall provide the full report within 5
days of its completion.
``(B) Other orders.--In any non-emergency
proceeding conducted under part 821 of title 49, Code
of Federal Regulations, relating to the amendment,
modification, suspension, or revocation of an airman
certificate, in which the Administrator notifies the
certificate holder of a proposed certificate action
under subsections (b) and (c) of section 44709 or
section 44710 of title 49, United States Code, the
Administrator shall, upon the written request of the
covered certificate holder and at any time after that
notification, provide to the covered certificate holder
the releasable portion of the investigative report.
``(2) Motion for dismissal.--If the Administrator does not
provide the releasable portions of the investigative report to
the individual holding the airman certificate subject to the
proceeding referred to in paragraph (1) by the time required by
that paragraph, the individual may move to dismiss the
complaint of the Administrator or for other relief and, unless
the Administrator establishes good cause for the failure to
provide the investigative report or for a lack of timeliness,
the administrative law judge shall order such relief as the
judge considers appropriate.
``(3) Releasable portion of investigative report.--For
purposes of paragraph (1), the releasable portion of an
investigative report is all information in the report, except
for the following:
``(A) Information that is privileged.
``(B) Information that constitutes work product or
reflects internal deliberative process.
``(C) Information that would disclose the identity
of a confidential source.
``(D) Information the disclosure of which is
prohibited by any other provision of law.
``(E) Information that is not relevant to the
subject matter of the proceeding.
``(F) Information the Administrator can demonstrate
is withheld for good cause.
``(G) Sensitive security information, as defined in
section 15.5 of title 49, Code of Federal Regulations
(or any corresponding similar ruling or regulation).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from releasing
to an individual subject to an investigation described in
subsection (b)(1)--
``(A) information in addition to the information
included in the releasable portion of the investigative
report; or
``(B) a copy of the investigative report before the
Administrator issues a complaint.''.
SEC. 3304. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.
(a) In General.--Section 44709(a) of title 49, United States Code,
is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator'';
(2) by striking ``reexamine'' and inserting ``, except as
provided in paragraph (2), reexamine''; and
(3) by adding at the end the following:
``(2) Limitation on the reexamination of airman
certificates.--
``(A) In general.--The Administrator may not
reexamine an airman holding a student, sport,
recreational, or private pilot certificate issued under
section 44703 of this title if the reexamination is
ordered as a result of an event involving the fault of
the Federal Aviation Administration or its designee,
unless the Administrator has reasonable grounds--
``(i) to establish that the airman may not
be qualified to exercise the privileges of a
particular certificate or rating, based upon an
act or omission committed by the airman while
exercising those privileges, after the
certificate or rating was issued by the Federal
Aviation Administration or its designee; or
``(ii) to demonstrate that the airman
obtained the certificate or the rating through
fraudulent means or through an examination that
was substantially and demonstrably inadequate
to establish the airman's qualifications.
``(B) Notification requirements.--Before taking any
action to reexamine an airman under subparagraph (A),
the Administrator shall provide to the airman--
``(i) a reasonable basis, described in
detail, for requesting the reexamination; and
``(ii) any information gathered by the
Federal Aviation Administration, that the
Administrator determines is appropriate to
provide, such as the scope and nature of the
requested reexamination, that formed the basis
for that justification.''.
(b) Amendment, Modification, Suspension, or Revocation of Airman
Certificates After Reexamination.--Section 44709(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A), as
redesignated, by striking ``The Administrator'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2), the
Administrator''; and
(4) by adding at the end the following:
``(2) Amendments, modifications, suspensions, and
revocations of airman certificates after reexamination.--
``(A) In general.--The Administrator may not issue
an order to amend, modify, suspend, or revoke an airman
certificate held by a student, sport, recreational, or
private pilot and issued under section 44703 of this
title after a reexamination of the airman holding the
certificate unless the Administrator determines that
the airman--
``(i) lacks the technical skills and
competency, or care, judgment, and
responsibility, necessary to hold and safely
exercise the privileges of the certificate; or
``(ii) materially contributed to the
issuance of the certificate by fraudulent
means.
``(B) Standard of review.--Any order of the
Administrator under this paragraph shall be subject to
the standard of review provided for under section 2 of
the Pilot's Bill of Rights (49 U.S.C. 44703 note).''.
(c) Conforming Amendments.--Section 44709(d)(1) of title 49, United
States Code, is amended--
(1) in subparagraph (A), by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
(2) in subparagraph (B), by striking ``subsection
(b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.
SEC. 3305. EXPEDITING UPDATES TO NOTAM PROGRAM.
(a) In General.--Beginning on the date that is 180 days after the
date of the enactment of this Act, the Administrator of the Federal
Aviation Administration may not take any enforcement action against any
individual for a violation of a NOTAM (as defined in section 3 of the
Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1162; 49 U.S.C.
44701 note)) until the Administrator submits a certification that the
Administrator has complied with the requirements of section 3 of the
Pilot's Bill of Rights, as amended by this section, to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Amendments.--Section 3 of the Pilot's Bill of Rights (Public
Law 112-153; 49 U.S.C. 44701 note) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``this Act'' and inserting
``the Pilot's Bill of Rights 2''; and
(ii) by striking ``begin'' and inserting
``complete the implementation of'';
(B) by amending subparagraph (B) to read as
follows:
``(B) to continue developing and modernizing the
NOTAM repository, in a public central location, to
maintain and archive all NOTAMs, including the original
content and form of the notices, the original date of
publication, and any amendments to such notices with
the date of each amendment, in a manner that is
Internet-accessible, machine-readable, and
searchable;'';
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) to specify the times during which temporary
flight restrictions are in effect and the duration of a
designation of special use airspace in a specific
area.''; and
(2) by amending subsection (d) to read as follows:
``(d) Designation of Repository as Sole Source for NOTAMs.--
``(1) In general.--The Administrator--
``(A) shall consider the repository for NOTAMs
under subsection (a)(2)(B) to be the sole location for
airmen to check for NOTAMs; and
``(B) may not consider a NOTAM to be announced or
published until the NOTAM is included in the repository
for NOTAMs under subsection (a)(2)(B).
``(2) Prohibition on taking action for violations of notams
not in repository.--
``(A) In general.--Except as provided in
subparagraph (B), beginning on the date that the
repository under subsection (a)(2)(B) is final and
published, the Administrator may not take any
enforcement action against an airman for a violation of
a NOTAM during a flight if--
``(i) that NOTAM is not available through
the repository before the commencement of the
flight; and
``(ii) that NOTAM is not reasonably
accessible and identifiable to the airman.
``(B) Exception for national security.--
Subparagraph (A) shall not apply in the case of an
enforcement action for a violation of a NOTAM that
directly relates to national security.''.
SEC. 3306. ACCESSIBILITY OF CERTAIN FLIGHT DATA.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by inserting after section 47124 the following:
``Sec. 47124a. Accessibility of certain flight data
``(a) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
Federal Aviation Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(3) Applicable individual.--The term `applicable
individual' means an individual who is the subject of an
investigation initiated by the Administrator related to a
covered flight record.
``(4) Contract tower.--The term `contract tower' means an
air traffic control tower providing air traffic control
services pursuant to a contract with the Administration under
the contract air traffic control tower program under section
47124(b)(3).
``(5) Covered flight record.--The term `covered flight
record' means any air traffic data (as defined in section
2(b)(4)(B) of the Pilot's Bill of Rights (Public Law 112-153;
49 U.S.C. 44703 note)), created, maintained, or controlled by
any program of the Administration, including any program of the
Administration carried out by employees or contractors of the
Administration, such as contract towers, flight service
stations, and controller training programs.
``(b) Provision of Covered Flight Record to Administration.--
``(1) Requests.--Whenever the Administration receives a
written request for a covered flight record from an applicable
individual and the covered flight record is not in the
possession of the Administration, the Administrator shall
request the covered flight record from the contract tower or
other contractor of the Administration in possession of the
covered flight record.
``(2) Provision of records.--Any covered flight record
created, maintained, or controlled by a contract tower or
another contractor of the Administration that maintains covered
flight records shall be provided to the Administration if the
Administration requests the record pursuant to paragraph (1).
``(3) Notice of proposed certificate action.--If the
Administrator has issued, or subsequently issues, a Notice of
Proposed Certificate Action relying on evidence contained in
the covered flight record and the individual who is the subject
of an investigation has requested the record, the Administrator
shall promptly produce the record and extend the time the
individual has to respond to the Notice of Proposed Certificate
Action until the covered flight record is provided.
``(c) Implementation.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Pilot's Bill of Rights 2, the
Administrator shall promulgate regulations or guidance to
ensure compliance with this section.
``(2) Compliance by contractors.--
``(A) Compliance with this section by a contract
tower or other contractor of the Administration that
maintains covered flight records shall be included as a
material term in any contract between the
Administration and the contract tower or contractor
entered into or renewed on or after the date of the
enactment of the Pilot's Bill of Rights 2.
``(B) Subparagraph (A) shall not apply to any
contract or agreement in effect on the date of the
enactment of the Pilot's Bill of Rights 2 unless the
contract or agreement is renegotiated, renewed, or
modified after that date.''.
(b) Technical and Conforming Amendments.--The table of contents for
chapter 471 is amended by inserting after the item relating to section
47124 the following:
``47124a. Accessibility of certain flight data.''.
SEC. 3307. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN NOTICES.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration shall
revise section 13.11 of title 14, Code of Federal Regulations, to
authorize legal counsel of the Federal Aviation Administration to close
enforcement actions covered by that section with a warning notice,
letter of correction, or other administrative action.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to read as
follows:
``Sec. 109. Maritime Administration
``(a) Organization and Mission.--The Maritime Administration is an
administration in the Department of Transportation. The mission of the
Maritime Administration is to foster, promote, and develop the merchant
maritime industry of the United States.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is appointed by the
President by and with the advice and consent of the Senate. The
Administrator shall report directly to the Secretary of Transportation
and carry out the duties prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime Administration
shall have a Deputy Maritime Administrator, who is appointed in the
competitive service by the Secretary, after consultation with the
Administrator. The Deputy Administrator shall carry out the duties
prescribed by the Administrator. The Deputy Administrator shall be
Acting Administrator during the absence or disability of the
Administrator and, unless the Secretary designates another individual,
during a vacancy in the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties and powers
of the Maritime Administration are vested in the Secretary.
``(e) Regional Offices.--The Maritime Administration shall have
regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port
ranges, and may have other regional offices as necessary. The Secretary
shall appoint a qualified individual as Director of each regional
office. The Secretary shall carry out appropriate activities and
programs of the Maritime Administration through the regional offices.
``(f) Interagency and Industry Relations.--The Secretary shall
establish and maintain liaison with other agencies, and with
representative trade organizations throughout the United States,
concerned with the transportation of commodities by water in the export
and import foreign commerce of the United States, for the purpose of
securing preference to vessels of the United States for the
transportation of those commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the Maritime
Administration, not more than five officers of the armed forces may be
detailed to the Secretary at any one time, in addition to details
authorized by any other law. During the period of a detail, the
Secretary shall pay the officer an amount that, when added to the
officer's pay and allowances as an officer in the armed forces, makes
the officer's total pay and allowances equal to the amount that would
be paid to an individual performing work the Secretary considers to be
of similar importance, difficulty, and responsibility as that performed
by the officer during the detail.
``(h) Contracts, Cooperative Agreements, and Audits.--
``(1) Contracts and cooperative agreements.--In the same
manner that a private corporation may make a contract within
the scope of its authority under its charter, the Secretary may
make contracts and cooperative agreements for the United States
Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers
under this section, subtitle V of title 46, and all
other Maritime Administration programs; and
``(B) protect, preserve, and improve collateral
held by the Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of the
business activities authorized by this section or subtitle V of
title 46. At least once a year, the Comptroller General shall
report to Congress any departure by the Secretary from this
section or subtitle V of title 46.
``(i) Grant Administrative Expenses.--Except as otherwise provided
by law, the administrative and related expenses for the administration
of any grant programs by the Maritime Administrator may not exceed 3
percent.
``(j) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and powers
of the Secretary relating to the Maritime Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
``(A) acquisition, construction, or reconstruction
of vessels;
``(B) construction-differential subsidies incident
to the construction, reconstruction, or reconditioning
of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for
operating-differential subsidies;
``(E) expenses necessary for research and
development activities, including reimbursement of the
Vessel Operations Revolving Fund for losses resulting
from expenses of experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of
subtitle V of title 46; and
``(I) other operations and training expenses
related to the development of waterborne transportation
systems, the use of waterborne transportation systems,
and general administration.
``(3) Training vessels.--Amounts may not be appropriated
for the purchase or construction of training vessels for State
maritime academies unless the Secretary has approved a plan for
sharing training vessels between State maritime academies.''.
SEC. 3502. NATIONAL SECURITY FLOATING DRY DOCKS.
Section 55122(a)(1)(C) of title 46, United States Code, is amended
by striking ``the date of the enactment of the Carl Levin and Howard P.
`Buck' McKeon National Defense Authorization Act for Fiscal Year 2015''
and inserting ``December 19, 2017''.
DIVISION D--FUNDING TABLES
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 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 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.
(a) Procurement.--
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
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FY 2017 Senate
Line Item Request Authorized
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AIRCRAFT PROCUREMENT, ARMY
FIXED WING
1 UTILITY F/W AIRCRAFT............ 57,529 57,529
3 MQ-1 UAV........................ 55,388 55,388
ROTARY
6 AH-64 APACHE BLOCK IIIA REMAN... 803,084 803,084
7 AH-64 APACHE BLOCK IIIA REMAN 185,160 185,160
(AP)...........................
8 UH-60 BLACKHAWK M MODEL (MYP)... 755,146 755,146
9 UH-60 BLACKHAWK M MODEL (MYP) 174,107 174,107
(AP)...........................
10 UH-60 BLACK HAWK A AND L MODELS. 46,173 46,173
11 CH-47 HELICOPTER................ 556,257 556,257
12 CH-47 HELICOPTER (AP)........... 8,707 8,707
MODIFICATION OF AIRCRAFT
13 MQ-1 PAYLOAD (MIP).............. 43,735 43,735
15 MULTI SENSOR ABN RECON (MIP).... 94,527 94,527
16 AH-64 MODS...................... 137,883 137,883
17 CH-47 CARGO HELICOPTER MODS 102,943 102,943
(MYP)..........................
18 GRCS SEMA MODS (MIP)............ 4,055 4,055
19 ARL SEMA MODS (MIP)............. 6,793 6,793
20 EMARSS SEMA MODS (MIP).......... 13,197 13,197
21 UTILITY/CARGO AIRPLANE MODS..... 17,526 17,526
22 UTILITY HELICOPTER MODS......... 10,807 10,807
23 NETWORK AND MISSION PLAN........ 74,752 74,752
24 COMMS, NAV SURVEILLANCE......... 69,960 69,960
25 GATM ROLLUP..................... 45,302 45,302
26 RQ-7 UAV MODS................... 71,169 71,169
27 UAS MODS........................ 21,804 21,804
GROUND SUPPORT AVIONICS
28 AIRCRAFT SURVIVABILITY EQUIPMENT 67,377 67,377
29 SURVIVABILITY CM................ 9,565 35,565
ASE PNT unfunded requirement [26,000]
30 CMWS............................ 41,626 41,626
OTHER SUPPORT
32 AVIONICS SUPPORT EQUIPMENT...... 7,007 7,007
33 COMMON GROUND EQUIPMENT......... 48,234 48,234
34 AIRCREW INTEGRATED SYSTEMS...... 30,297 30,297
35 AIR TRAFFIC CONTROL............. 50,405 50,405
36 INDUSTRIAL FACILITIES........... 1,217 1,217
37 LAUNCHER, 2.75 ROCKET........... 3,055 3,055
TOTAL AIRCRAFT PROCUREMENT, ARMY 3,614,787 3,640,787
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
1 LOWER TIER AIR AND MISSILE 126,470 126,470
DEFENSE (AMD)..................
2 MSE MISSILE..................... 423,201 423,201
3 INDIRECT FIRE PROTECTION 19,319 19,319
CAPABILITY INC 2-I (AP)........
AIR-TO-SURFACE MISSILE SYSTEM
4 HELLFIRE SYS SUMMARY............ 42,013 42,013
5 JOINT AIR-TO-GROUND MSLS (JAGM). 64,751 64,751
6 JOINT AIR-TO-GROUND MSLS (JAGM) 37,100 37,100
(AP)...........................
ANTI-TANK/ASSAULT MISSILE SYS
7 JAVELIN (AAWS-M) SYSTEM SUMMARY. 73,508 73,508
8 TOW 2 SYSTEM SUMMARY............ 64,922 64,922
9 TOW 2 SYSTEM SUMMARY (AP)....... 19,949 19,949
10 GUIDED MLRS ROCKET (GMLRS)...... 172,088 172,088
11 MLRS REDUCED RANGE PRACTICE 18,004 18,004
ROCKETS (RRPR).................
MODIFICATIONS
13 PATRIOT MODS.................... 197,107 197,107
14 ATACMS MODS..................... 150,043 150,043
15 GMLRS MOD....................... 395 395
17 AVENGER MODS.................... 33,606 33,606
18 ITAS/TOW MODS................... 383 383
19 MLRS MODS....................... 34,704 34,704
20 HIMARS MODIFICATIONS............ 1,847 1,847
SPARES AND REPAIR PARTS
21 SPARES AND REPAIR PARTS......... 34,487 34,487
SUPPORT EQUIPMENT & FACILITIES
22 AIR DEFENSE TARGETS............. 4,915 4,915
24 PRODUCTION BASE SUPPORT......... 1,154 1,154
TOTAL MISSILE PROCUREMENT, ARMY. 1,519,966 1,519,966
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
1 STRYKER VEHICLE................. 71,680 71,680
MODIFICATION OF TRACKED COMBAT
VEHICLES
2 STRYKER (MOD)................... 74,348 74,348
3 STRYKER UPGRADE................. 444,561 433,561
Early to need............... [-11,000]
5 BRADLEY PROGRAM (MOD)........... 276,433 276,433
6 HOWITZER, MED SP FT 155MM M109A6 63,138 63,138
(MOD)..........................
7 PALADIN INTEGRATED MANAGEMENT 469,305 469,305
(PIM)..........................
8 IMPROVED RECOVERY VEHICLE (M88A2 91,963 91,963
HERCULES)......................
9 ASSAULT BRIDGE (MOD)............ 3,465 3,465
10 ASSAULT BREACHER VEHICLE........ 2,928 2,928
11 M88 FOV MODS.................... 8,685 8,685
12 JOINT ASSAULT BRIDGE............ 64,752 64,752
13 M1 ABRAMS TANK (MOD)............ 480,166 620,166
APS Unfunded requirement.... [82,000]
M1 industrial base Unfunded [58,000]
requirement.................
WEAPONS & OTHER COMBAT VEHICLES
16 INTEGRATED AIR BURST WEAPON 9,764 9,764
SYSTEM FAMILY..................
17 MORTAR SYSTEMS.................. 8,332 8,332
18 XM320 GRENADE LAUNCHER MODULE 3,062 3,062
(GLM)..........................
19 COMPACT SEMI-AUTOMATIC SNIPER 992 992
SYSTEM.........................
20 CARBINE......................... 40,493 40,493
21 COMMON REMOTELY OPERATED WEAPONS 25,164 25,164
STATION........................
36 HANDGUN......................... 0 1,000
Program increase for Modular [1,000]
Handgun System..............
MOD OF WEAPONS AND OTHER COMBAT
VEH
22 MK-19 GRENADE MACHINE GUN MODS.. 4,959 4,959
23 M777 MODS....................... 11,913 11,913
24 M4 CARBINE MODS................. 29,752 28,752
Program decrease............ [-1,000]
25 M2 50 CAL MACHINE GUN MODS...... 48,582 48,582
26 M249 SAW MACHINE GUN MODS....... 1,179 1,179
27 M240 MEDIUM MACHINE GUN MODS.... 1,784 1,784
28 SNIPER RIFLES MODIFICATIONS..... 971 971
29 M119 MODIFICATIONS.............. 6,045 6,045
30 MORTAR MODIFICATION............. 12,118 12,118
31 MODIFICATIONS LESS THAN $5.0M 3,157 3,157
(WOCV-WTCV)....................
SUPPORT EQUIPMENT & FACILITIES
32 ITEMS LESS THAN $5.0M (WOCV- 2,331 2,331
WTCV)..........................
35 SMALL ARMS EQUIPMENT (SOLDIER 3,155 3,155
ENH PROG)......................
TOTAL PROCUREMENT OF W&TCV, ARMY 2,265,177 2,394,177
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES.......... 40,296 37,696
Early to need............... [-2,600]
2 CTG, 7.62MM, ALL TYPES.......... 39,237 38,937
Early to need............... [-300]
3 CTG, HANDGUN, ALL TYPES......... 5,193 3,893
Early to need............... [-1,300]
4 CTG, .50 CAL, ALL TYPES......... 46,693 41,993
Early to need............... [-4,700]
5 CTG, 20MM, ALL TYPES............ 7,000 7,000
6 CTG, 25MM, ALL TYPES............ 7,753 6,453
Early to need............... [-1,300]
7 CTG, 30MM, ALL TYPES............ 47,000 47,000
8 CTG, 40MM, ALL TYPES............ 118,178 111,878
Early to need............... [-6,300]
MORTAR AMMUNITION
9 60MM MORTAR, ALL TYPES.......... 69,784 69,784
10 81MM MORTAR, ALL TYPES.......... 36,125 36,125
11 120MM MORTAR, ALL TYPES......... 69,133 69,133
TANK AMMUNITION
12 CARTRIDGES, TANK, 105MM AND 120,668 117,868
120MM, ALL TYPES...............
Early to need............... [-2,800]
ARTILLERY AMMUNITION
13 ARTILLERY CARTRIDGES, 75MM & 64,800 60,800
105MM, ALL TYPES...............
75mm blanks early to need... [-4,000]
14 ARTILLERY PROJECTILE, 155MM, ALL 109,515 109,515
TYPES..........................
15 PROJ 155MM EXTENDED RANGE M982.. 39,200 39,200
16 ARTILLERY PROPELLANTS, FUZES AND 70,881 70,881
PRIMERS, ALL...................
ROCKETS
19 SHOULDER LAUNCHED MUNITIONS, ALL 38,000 38,000
TYPES..........................
20 ROCKET, HYDRA 70, ALL TYPES..... 87,213 87,213
OTHER AMMUNITION
21 CAD/PAD, ALL TYPES.............. 4,914 4,914
22 DEMOLITION MUNITIONS, ALL TYPES. 6,380 6,380
23 GRENADES, ALL TYPES............. 22,760 22,760
24 SIGNALS, ALL TYPES.............. 10,666 10,666
25 SIMULATORS, ALL TYPES........... 7,412 7,412
MISCELLANEOUS
26 AMMO COMPONENTS, ALL TYPES...... 12,726 12,726
27 NON-LETHAL AMMUNITION, ALL TYPES 6,100 5,900
Early to need............... [-200]
28 ITEMS LESS THAN $5 MILLION 10,006 9,506
(AMMO).........................
Early to need............... [-500]
29 AMMUNITION PECULIAR EQUIPMENT... 17,275 13,575
Early to need............... [-3,700]
30 FIRST DESTINATION TRANSPORTATION 14,951 14,951
(AMMO).........................
PRODUCTION BASE SUPPORT
32 INDUSTRIAL FACILITIES........... 222,269 222,269
33 CONVENTIONAL MUNITIONS 157,383 157,383
DEMILITARIZATION...............
34 ARMS INITIATIVE................. 3,646 3,646
TOTAL PROCUREMENT OF AMMUNITION, 1,513,157 1,485,457
ARMY...........................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
1 TACTICAL TRAILERS/DOLLY SETS.... 3,733 3,733
2 SEMITRAILERS, FLATBED:.......... 3,716 3,716
3 HI MOB MULTI-PURP WHLD VEH 0 21,000
(HMMWV)........................
Ambulance recapitalization.. [21,000]
4 GROUND MOBILITY VEHICLES (GMV).. 4,907 4,907
6 JOINT LIGHT TACTICAL VEHICLE.... 587,514 587,514
7 TRUCK, DUMP, 20T (CCE).......... 3,927 3,927
8 FAMILY OF MEDIUM TACTICAL VEH 53,293 53,293
(FMTV).........................
9 FIRETRUCKS & ASSOCIATED 7,460 7,460
FIREFIGHTING EQUIP.............
10 FAMILY OF HEAVY TACTICAL 39,564 39,564
VEHICLES (FHTV)................
11 PLS ESP......................... 11,856 11,856
13 TACTICAL WHEELED VEHICLE 49,751 49,751
PROTECTION KITS................
14 MODIFICATION OF IN SVC EQUIP.... 64,000 52,000
Higher priorities........... [-12,000]
15 MINE-RESISTANT AMBUSH-PROTECTED 10,611 10,611
(MRAP) MODS....................
NON-TACTICAL VEHICLES
16 HEAVY ARMORED SEDAN............. 394 394
18 NONTACTICAL VEHICLES, OTHER..... 1,755 1,755
COMM--JOINT COMMUNICATIONS
19 WIN-T--GROUND FORCES TACTICAL 427,598 327,598
NETWORK........................
Ahead of need............... [-100,000]
20 SIGNAL MODERNIZATION PROGRAM.... 58,250 58,250
21 JOINT INCIDENT SITE 5,749 5,749
COMMUNICATIONS CAPABILITY......
22 JCSE EQUIPMENT (USREDCOM)....... 5,068 5,068
COMM--SATELLITE COMMUNICATIONS
23 DEFENSE ENTERPRISE WIDEBAND 143,805 143,805
SATCOM SYSTEMS.................
24 TRANSPORTABLE TACTICAL COMMAND 36,580 36,580
COMMUNICATIONS.................
25 SHF TERM........................ 1,985 1,985
27 SMART-T (SPACE)................. 9,165 9,165
COMM--C3 SYSTEM
31 ARMY GLOBAL CMD & CONTROL SYS 2,530 2,530
(AGCCS)........................
COMM--COMBAT COMMUNICATIONS
33 HANDHELD MANPACK SMALL FORM FIT 273,645 273,645
(HMS)..........................
34 MID-TIER NETWORKING VEHICULAR 25,017 25,017
RADIO (MNVR)...................
35 RADIO TERMINAL SET, MIDS LVT(2). 12,326 12,326
37 TRACTOR DESK.................... 2,034 2,034
38 TRACTOR RIDE.................... 2,334 2,334
39 SPIDER APLA REMOTE CONTROL UNIT. 1,985 1,985
40 SPIDER FAMILY OF NETWORKED 10,796 10,796
MUNITIONS INCR.................
42 TACTICAL COMMUNICATIONS AND 3,607 3,607
PROTECTIVE SYSTEM..............
43 UNIFIED COMMAND SUITE........... 14,295 14,295
45 FAMILY OF MED COMM FOR COMBAT 19,893 19,893
CASUALTY CARE..................
COMM--INTELLIGENCE COMM
47 CI AUTOMATION ARCHITECTURE...... 1,388 1,388
48 ARMY CA/MISO GPF EQUIPMENT...... 5,494 5,494
INFORMATION SECURITY
49 FAMILY OF BIOMETRICS............ 2,978 2,978
51 COMMUNICATIONS SECURITY (COMSEC) 131,356 131,356
52 DEFENSIVE CYBER OPERATIONS...... 15,132 15,132
COMM--LONG HAUL COMMUNICATIONS
53 BASE SUPPORT COMMUNICATIONS..... 27,452 27,452
COMM--BASE COMMUNICATIONS
54 INFORMATION SYSTEMS............. 122,055 122,055
55 EMERGENCY MANAGEMENT 4,286 4,286
MODERNIZATION PROGRAM..........
56 INSTALLATION INFO INFRASTRUCTURE 131,794 131,794
MOD PROGRAM....................
ELECT EQUIP--TACT INT REL ACT
(TIARA)
59 JTT/CIBS-M...................... 5,337 5,337
62 DCGS-A (MIP).................... 242,514 149,514
Changing requirement, [-93,000]
tactical....................
63 JOINT TACTICAL GROUND STATION 4,417 4,417
(JTAGS)........................
64 TROJAN (MIP).................... 17,455 17,455
65 MOD OF IN-SVC EQUIP (INTEL SPT) 44,965 44,965
(MIP)..........................
66 CI HUMINT AUTO REPRTING AND 7,658 7,658
COLL(CHARCS)...................
67 CLOSE ACCESS TARGET 7,970 7,970
RECONNAISSANCE (CATR)..........
68 MACHINE FOREIGN LANGUAGE 545 545
TRANSLATION SYSTEM-M...........
ELECT EQUIP--ELECTRONIC WARFARE
(EW)
70 LIGHTWEIGHT COUNTER MORTAR RADAR 74,038 61,538
Reduce to FY16 level........ [-12,500]
71 EW PLANNING & MANAGEMENT TOOLS 3,235 3,235
(EWPMT)........................
72 AIR VIGILANCE (AV).............. 733 733
74 FAMILY OF PERSISTENT 1,740 1,740
SURVEILLANCE CAPABILITIE.......
75 COUNTERINTELLIGENCE/SECURITY 455 455
COUNTERMEASURES................
76 CI MODERNIZATION................ 176 176
ELECT EQUIP--TACTICAL SURV. (TAC
SURV)
77 SENTINEL MODS................... 40,171 40,171
78 NIGHT VISION DEVICES............ 163,029 163,029
79 SMALL TACTICAL OPTICAL RIFLE 15,885 15,885
MOUNTED MLRF...................
80 INDIRECT FIRE PROTECTION FAMILY 48,427 48,427
OF SYSTEMS.....................
81 FAMILY OF WEAPON SIGHTS (FWS)... 55,536 55,536
82 ARTILLERY ACCURACY EQUIP........ 4,187 4,187
85 JOINT BATTLE COMMAND--PLATFORM 137,501 137,501
(JBC-P)........................
86 JOINT EFFECTS TARGETING SYSTEM 50,726 50,726
(JETS).........................
87 MOD OF IN-SVC EQUIP (LLDR)...... 28,058 21,558
Reduce to FY16 levels....... [-6,500]
88 COMPUTER BALLISTICS: LHMBC XM32. 5,924 5,924
89 MORTAR FIRE CONTROL SYSTEM...... 22,331 22,331
90 COUNTERFIRE RADARS.............. 314,509 278,509
Smooth production profile... [-36,000]
ELECT EQUIP--TACTICAL C2 SYSTEMS
91 FIRE SUPPORT C2 FAMILY.......... 8,660 8,660
92 AIR & MSL DEFENSE PLANNING & 54,376 54,376
CONTROL SYS....................
93 IAMD BATTLE COMMAND SYSTEM...... 204,969 204,969
94 LIFE CYCLE SOFTWARE SUPPORT 4,718 4,718
(LCSS).........................
95 NETWORK MANAGEMENT 11,063 11,063
INITIALIZATION AND SERVICE.....
96 MANEUVER CONTROL SYSTEM (MCS)... 151,318 124,318
Reduce to FY16 level........ [-27,000]
97 GLOBAL COMBAT SUPPORT SYSTEM- 155,660 155,660
ARMY (GCSS-A)..................
98 INTEGRATED PERSONNEL AND PAY 4,214 4,214
SYSTEM-ARMY (IPP...............
99 RECONNAISSANCE AND SURVEYING 16,185 16,185
INSTRUMENT SET.................
100 MOD OF IN-SVC EQUIPMENT (ENFIRE) 1,565 1,565
ELECT EQUIP--AUTOMATION
101 ARMY TRAINING MODERNIZATION..... 17,693 17,693
102 AUTOMATED DATA PROCESSING EQUIP. 107,960 98,560
Program reduction........... [-9,400]
103 GENERAL FUND ENTERPRISE BUSINESS 6,416 6,416
SYSTEMS FAM....................
104 HIGH PERF COMPUTING MOD PGM 58,614 58,614
(HPCMP)........................
105 CONTRACT WRITING SYSTEM......... 986 0
Contract writing unjustified [-986]
requirement.................
106 RESERVE COMPONENT AUTOMATION SYS 23,828 23,828
(RCAS).........................
ELECT EQUIP--AUDIO VISUAL SYS (A/
V)
107 TACTICAL DIGITAL MEDIA.......... 1,191 1,191
108 ITEMS LESS THAN $5M (SURVEYING 1,995 1,995
EQUIPMENT).....................
ELECT EQUIP--SUPPORT
109 PRODUCTION BASE SUPPORT (C-E)... 403 403
CLASSIFIED PROGRAMS
110 CLASSIFIED PROGRAMS............. 4,436 4,436
CHEMICAL DEFENSIVE EQUIPMENT
111 PROTECTIVE SYSTEMS.............. 2,966 2,966
112 FAMILY OF NON-LETHAL EQUIPMENT 9,795 9,795
(FNLE).........................
114 CBRN DEFENSE.................... 17,922 17,922
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING............... 13,553 13,553
116 TACTICAL BRIDGE, FLOAT-RIBBON... 25,244 25,244
117 BRIDGE SUPPLEMENTAL SET......... 983 983
118 COMMON BRIDGE TRANSPORTER (CBT) 25,176 25,176
RECAP..........................
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
119 GRND STANDOFF MINE DETECTN SYSM 39,350 39,350
(GSTAMIDS).....................
120 AREA MINE DETECTION SYSTEM 10,500 10,500
(AMDS).........................
121 HUSKY MOUNTED DETECTION SYSTEM 274 274
(HMDS).........................
122 ROBOTIC COMBAT SUPPORT SYSTEM 2,951 2,951
(RCSS).........................
123 EOD ROBOTICS SYSTEMS 1,949 1,949
RECAPITALIZATION...............
124 ROBOTICS AND APPLIQUE SYSTEMS... 5,203 5,203
125 EXPLOSIVE ORDNANCE DISPOSAL 5,570 5,570
EQPMT (EOD EQPMT)..............
126 REMOTE DEMOLITION SYSTEMS....... 6,238 6,238
127 < $5M, COUNTERMINE EQUIPMENT.... 836 836
128 FAMILY OF BOATS AND MOTORS...... 3,171 3,171
COMBAT SERVICE SUPPORT EQUIPMENT
129 HEATERS AND ECU'S............... 18,707 18,707
130 SOLDIER ENHANCEMENT............. 2,112 2,112
131 PERSONNEL RECOVERY SUPPORT 10,856 10,856
SYSTEM (PRSS)..................
132 GROUND SOLDIER SYSTEM........... 32,419 32,419
133 MOBILE SOLDIER POWER............ 30,014 30,014
135 FIELD FEEDING EQUIPMENT......... 12,544 12,544
136 CARGO AERIAL DEL & PERSONNEL 18,509 18,509
PARACHUTE SYSTEM...............
137 FAMILY OF ENGR COMBAT AND 29,384 29,384
CONSTRUCTION SETS..............
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE EQUIPMENT.. 4,487 4,487
140 DISTRIBUTION SYSTEMS, PETROLEUM 42,656 32,656
& WATER........................
Program decrease............ [-10,000]
MEDICAL EQUIPMENT
141 COMBAT SUPPORT MEDICAL.......... 59,761 59,761
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE EQUIPMENT 35,694 30,694
SYSTEMS........................
Reduce to FY16 level........ [-5,000]
143 ITEMS LESS THAN $5.0M (MAINT EQ) 2,716 2,716
CONSTRUCTION EQUIPMENT
144 GRADER, ROAD MTZD, HVY, 6X4 1,742 1,742
(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 ENGINEER EXCAVATOR 1,743 1,743
(HMEE).........................
152 ENHANCED RAPID AIRFIELD 2,779 2,779
CONSTRUCTION CAPAP.............
154 CONST EQUIP ESP................. 26,712 22,212
Reduce to FY16 level........ [-4,500]
155 ITEMS LESS THAN $5.0M (CONST 6,649 6,649
EQUIP).........................
RAIL FLOAT CONTAINERIZATION
EQUIPMENT
156 ARMY WATERCRAFT ESP............. 21,860 10,860
Program decrease............ [-11,000]
157 ITEMS LESS THAN $5.0M (FLOAT/ 1,967 1,967
RAIL)..........................
GENERATORS
158 GENERATORS AND ASSOCIATED EQUIP. 113,266 113,266
159 TACTICAL ELECTRIC POWER 7,867 7,867
RECAPITALIZATION...............
MATERIAL HANDLING EQUIPMENT
160 FAMILY OF FORKLIFTS............. 2,307 2,307
TRAINING EQUIPMENT
161 COMBAT TRAINING CENTERS SUPPORT. 75,359 75,359
162 TRAINING DEVICES, NONSYSTEM..... 253,050 253,050
163 CLOSE COMBAT TACTICAL TRAINER... 48,271 48,271
164 AVIATION COMBINED ARMS TACTICAL 40,000 40,000
TRAINER........................
165 GAMING TECHNOLOGY IN SUPPORT OF 11,543 11,543
ARMY TRAINING..................
TEST MEASURE AND DIG EQUIPMENT
(TMD)
166 CALIBRATION SETS EQUIPMENT...... 4,963 4,963
167 INTEGRATED FAMILY OF TEST 29,781 29,781
EQUIPMENT (IFTE)...............
168 TEST EQUIPMENT MODERNIZATION 6,342 6,342
(TEMOD)........................
OTHER SUPPORT EQUIPMENT
169 M25 STABILIZED BINOCULAR........ 3,149 3,149
170 RAPID EQUIPPING SOLDIER SUPPORT 18,003 18,003
EQUIPMENT......................
171 PHYSICAL SECURITY SYSTEMS (OPA3) 44,082 44,082
172 BASE LEVEL COMMON EQUIPMENT..... 2,168 2,168
173 MODIFICATION OF IN-SVC EQUIPMENT 67,367 62,367
(OPA-3)........................
Reduce to FY16 level........ [-5,000]
174 PRODUCTION BASE SUPPORT (OTH)... 1,528 1,528
175 SPECIAL EQUIPMENT FOR USER 8,289 8,289
TESTING........................
177 TRACTOR YARD.................... 6,888 6,888
OPA2
179 INITIAL SPARES--C&E............. 27,243 27,243
TOTAL OTHER PROCUREMENT, ARMY... 5,873,949 5,562,063
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
3 JOINT STRIKE FIGHTER CV......... 890,650 890,650
4 JOINT STRIKE FIGHTER CV (AP).... 80,908 80,908
5 JSF STOVL....................... 2,037,768 2,037,768
6 JSF STOVL (AP).................. 233,648 233,648
7 CH-53K (HEAVY LIFT)............. 348,615 348,615
8 CH-53K (HEAVY LIFT) (AP)........ 88,365 88,365
9 V-22 (MEDIUM LIFT).............. 1,264,134 1,264,134
10 V-22 (MEDIUM LIFT) (AP)......... 19,674 19,674
11 H-1 UPGRADES (UH-1Y/AH-1Z)...... 759,778 759,778
12 H-1 UPGRADES (UH-1Y/AH-1Z) (AP). 57,232 57,232
14 MH-60R (MYP).................... 61,177 61,177
16 P-8A POSEIDON................... 1,940,238 1,940,238
17 P-8A POSEIDON (AP).............. 123,140 123,140
18 E-2D ADV HAWKEYE................ 916,483 916,483
19 E-2D ADV HAWKEYE (AP)........... 125,042 125,042
TRAINER AIRCRAFT
20 JPATS........................... 5,849 5,849
OTHER AIRCRAFT
21 KC-130J......................... 128,870 128,870
22 KC-130J (AP).................... 24,848 24,848
23 MQ-4 TRITON..................... 409,005 409,005
24 MQ-4 TRITON (AP)................ 55,652 55,652
25 MQ-8 UAV........................ 72,435 72,435
MODIFICATION OF AIRCRAFT
29 AEA SYSTEMS..................... 51,900 51,900
30 AV-8 SERIES..................... 60,818 60,818
31 ADVERSARY....................... 5,191 5,191
32 F-18 SERIES..................... 1,023,492 1,023,492
34 H-53 SERIES..................... 46,095 46,095
35 SH-60 SERIES.................... 108,328 108,328
36 H-1 SERIES...................... 46,333 46,333
37 EP-3 SERIES..................... 14,681 14,681
38 P-3 SERIES...................... 2,781 2,781
39 E-2 SERIES...................... 32,949 32,949
40 TRAINER A/C SERIES.............. 13,199 13,199
41 C-2A............................ 19,066 19,066
42 C-130 SERIES.................... 61,788 61,788
43 FEWSG........................... 618 618
44 CARGO/TRANSPORT A/C SERIES...... 9,822 9,822
45 E-6 SERIES...................... 222,077 222,077
46 EXECUTIVE HELICOPTERS SERIES.... 66,835 66,835
47 SPECIAL PROJECT AIRCRAFT........ 16,497 16,497
48 T-45 SERIES..................... 114,887 114,887
49 POWER PLANT CHANGES............. 16,893 16,893
50 JPATS SERIES.................... 17,401 17,401
51 COMMON ECM EQUIPMENT............ 143,773 143,773
52 COMMON AVIONICS CHANGES......... 164,839 164,839
53 COMMON DEFENSIVE WEAPON SYSTEM.. 4,403 4,403
54 ID SYSTEMS...................... 45,768 45,768
55 P-8 SERIES...................... 18,836 18,836
56 MAGTF EW FOR AVIATION........... 5,676 5,676
57 MQ-8 SERIES..................... 19,003 19,003
58 RQ-7 SERIES..................... 3,534 3,534
59 V-22 (TILT/ROTOR ACFT) OSPREY... 141,545 141,545
60 F-35 STOVL SERIES............... 34,928 34,928
61 F-35 CV SERIES.................. 26,004 26,004
62 QRC............................. 5,476 5,476
AIRCRAFT SPARES AND REPAIR PARTS
63 SPARES AND REPAIR PARTS......... 1,407,626 1,458,426
F-35B spares unfunded [50,800]
requirement.................
AIRCRAFT SUPPORT EQUIP &
FACILITIES
64 COMMON GROUND EQUIPMENT......... 390,103 390,103
65 AIRCRAFT INDUSTRIAL FACILITIES.. 23,194 23,194
66 WAR CONSUMABLES................. 40,613 40,613
67 OTHER PRODUCTION CHARGES........ 860 860
68 SPECIAL SUPPORT EQUIPMENT....... 36,282 36,282
69 FIRST DESTINATION TRANSPORTATION 1,523 1,523
TOTAL AIRCRAFT PROCUREMENT, NAVY 14,109,148 14,159,948
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 TRIDENT II MODS................. 1,103,086 1,103,086
SUPPORT EQUIPMENT & FACILITIES
2 MISSILE INDUSTRIAL FACILITIES... 6,776 6,776
STRATEGIC MISSILES
3 TOMAHAWK........................ 186,905 271,105
Program increase............ [84,200]
TACTICAL MISSILES
4 AMRAAM.......................... 204,697 204,697
5 SIDEWINDER...................... 70,912 70,912
6 JSOW............................ 2,232 2,232
7 STANDARD MISSILE................ 501,212 501,212
8 RAM............................. 71,557 71,557
9 JOINT AIR GROUND MISSILE (JAGM). 26,200 26,200
12 STAND OFF PRECISION GUIDED 3,316 3,316
MUNITIONS (SOPGM)..............
13 AERIAL TARGETS.................. 137,484 137,484
14 OTHER MISSILE SUPPORT........... 3,248 3,248
15 LRASM........................... 29,643 29,643
MODIFICATION OF MISSILES
16 ESSM............................ 52,935 52,935
18 HARM MODS....................... 178,213 148,213
Advanced Anti-Radiation [-30,000]
Guided Missile production
issues......................
19 STANDARD MISSILES MODS.......... 8,164 8,164
SUPPORT EQUIPMENT & FACILITIES
20 WEAPONS INDUSTRIAL FACILITIES... 1,964 1,964
21 FLEET SATELLITE COMM FOLLOW-ON.. 36,723 36,723
ORDNANCE SUPPORT EQUIPMENT
22 ORDNANCE SUPPORT EQUIPMENT...... 59,096 66,066
Program increase............ [6,970]
TORPEDOES AND RELATED EQUIP
23 SSTD............................ 5,910 5,910
24 MK-48 TORPEDO................... 44,537 44,537
25 ASW TARGETS..................... 9,302 9,302
MOD OF TORPEDOES AND RELATED
EQUIP
26 MK-54 TORPEDO MODS.............. 98,092 98,092
27 MK-48 TORPEDO ADCAP MODS........ 46,139 46,139
28 QUICKSTRIKE MINE................ 1,236 1,236
SUPPORT EQUIPMENT
29 TORPEDO SUPPORT EQUIPMENT....... 60,061 60,061
30 ASW RANGE SUPPORT............... 3,706 3,706
DESTINATION TRANSPORTATION
31 FIRST DESTINATION TRANSPORTATION 3,804 3,804
GUNS AND GUN MOUNTS
32 SMALL ARMS AND WEAPONS.......... 18,002 18,002
MODIFICATION OF GUNS AND GUN
MOUNTS
33 CIWS MODS....................... 50,900 50,900
34 COAST GUARD WEAPONS............. 25,295 25,295
35 GUN MOUNT MODS.................. 77,003 77,003
36 LCS MODULE WEAPONS.............. 2,776 2,776
38 AIRBORNE MINE NEUTRALIZATION 15,753 15,753
SYSTEMS........................
SPARES AND REPAIR PARTS
40 SPARES AND REPAIR PARTS......... 62,383 62,383
TOTAL WEAPONS PROCUREMENT, NAVY. 3,209,262 3,270,432
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS........... 91,659 91,659
2 AIRBORNE ROCKETS, ALL TYPES..... 65,759 65,759
3 MACHINE GUN AMMUNITION.......... 8,152 8,152
4 PRACTICE BOMBS.................. 41,873 41,873
5 CARTRIDGES & CART ACTUATED 54,002 54,002
DEVICES........................
6 AIR EXPENDABLE COUNTERMEASURES.. 57,034 57,034
7 JATOS........................... 2,735 2,735
9 5 INCH/54 GUN AMMUNITION........ 19,220 19,220
10 INTERMEDIATE CALIBER GUN 30,196 30,196
AMMUNITION.....................
11 OTHER SHIP GUN AMMUNITION....... 39,009 39,009
12 SMALL ARMS & LANDING PARTY AMMO. 46,727 46,727
13 PYROTECHNIC AND DEMOLITION...... 9,806 9,806
14 AMMUNITION LESS THAN $5 MILLION. 2,900 2,900
MARINE CORPS AMMUNITION
15 SMALL ARMS AMMUNITION........... 27,958 27,958
17 40 MM, ALL TYPES................ 14,758 14,758
18 60MM, ALL TYPES................. 992 992
20 120MM, ALL TYPES................ 16,757 12,757
120mm early to need......... [-4,000]
21 GRENADES, ALL TYPES............. 972 972
22 ROCKETS, ALL TYPES.............. 14,186 14,186
23 ARTILLERY, ALL TYPES............ 68,656 68,656
24 DEMOLITION MUNITIONS, ALL TYPES. 1,700 1,700
25 FUZE, ALL TYPES................. 26,088 26,088
27 AMMO MODERNIZATION.............. 14,660 14,660
28 ITEMS LESS THAN $5 MILLION...... 8,569 6,069
early to need............... [-2,500]
TOTAL PROCUREMENT OF AMMO, NAVY 664,368 657,868
& MC...........................
SHIPBUILDING AND CONVERSION,
NAVY
FLEET BALLISTIC MISSILE SHIPS
1 OHIO REPLACEMENT SUBMARINE (AP). 773,138 773,138
OTHER WARSHIPS
2 CARRIER REPLACEMENT PROGRAM..... 1,291,783 1,291,783
3 CARRIER REPLACEMENT PROGRAM (AP) 1,370,784 1,370,784
4 VIRGINIA CLASS SUBMARINE........ 3,187,985 3,187,985
5 VIRGINIA CLASS SUBMARINE (AP)... 1,767,234 1,767,234
6 CVN REFUELING OVERHAULS......... 1,743,220 1,743,220
7 CVN REFUELING OVERHAULS (AP).... 248,599 248,599
8 DDG 1000........................ 271,756 271,756
9 DDG-51.......................... 3,211,292 3,261,092
Fund additional FY16 [49,800]
destroyer...................
11 LITTORAL COMBAT SHIP............ 1,125,625 1,097,625
Unjustified growth.......... [-28,000]
AMPHIBIOUS SHIPS
13 AMPHIBIOUS SHIP REPLACEMENT 0 50,000
LX(R) (AP).....................
Advanced procurement for LX [50,000]
(R).........................
16 LHA REPLACEMENT................. 1,623,024 1,623,024
AUXILIARIES, CRAFT AND PRIOR YR
PROGRAM COST
20 TAO FLEET OILER (AP)............ 73,079 73,079
22 MOORED TRAINING SHIP............ 624,527 624,527
25 OUTFITTING...................... 666,158 666,158
26 SHIP TO SHORE CONNECTOR......... 128,067 128,067
27 SERVICE CRAFT................... 65,192 65,192
28 LCAC SLEP....................... 1,774 1,774
29 YP CRAFT MAINTENANCE/ROH/SLEP... 21,363 21,363
30 COMPLETION OF PY SHIPBUILDING 160,274 160,274
PROGRAMS.......................
TOTAL SHIPBUILDING AND 18,354,874 18,426,674
CONVERSION, NAVY...............
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
3 SURFACE POWER EQUIPMENT......... 15,514 15,514
4 HYBRID ELECTRIC DRIVE (HED)..... 40,132 40,132
GENERATORS
5 SURFACE COMBATANT HM&E.......... 29,974 29,974
NAVIGATION EQUIPMENT
6 OTHER NAVIGATION EQUIPMENT...... 63,942 63,942
OTHER SHIPBOARD EQUIPMENT
8 SUB PERISCOPE, IMAGING AND SUPT 136,421 136,421
EQUIP PROG.....................
9 DDG MOD......................... 367,766 432,766
BMD upgrade unfunded [65,000]
requirement.................
10 FIREFIGHTING EQUIPMENT.......... 14,743 14,743
11 COMMAND AND CONTROL SWITCHBOARD. 2,140 2,140
12 LHA/LHD MIDLIFE................. 24,939 24,939
14 POLLUTION CONTROL EQUIPMENT..... 20,191 20,191
15 SUBMARINE SUPPORT EQUIPMENT..... 8,995 8,995
16 VIRGINIA CLASS SUPPORT EQUIPMENT 66,838 66,838
17 LCS CLASS SUPPORT EQUIPMENT..... 54,823 54,823
18 SUBMARINE BATTERIES............. 23,359 23,359
19 LPD CLASS SUPPORT EQUIPMENT..... 40,321 40,321
20 DDG 1000 CLASS SUPPORT EQUIPMENT 33,404 33,404
21 STRATEGIC PLATFORM SUPPORT EQUIP 15,836 15,836
22 DSSP EQUIPMENT.................. 806 806
24 LCAC............................ 3,090 3,090
25 UNDERWATER EOD PROGRAMS......... 24,350 24,350
26 ITEMS LESS THAN $5 MILLION...... 88,719 88,719
27 CHEMICAL WARFARE DETECTORS...... 2,873 2,873
28 SUBMARINE LIFE SUPPORT SYSTEM... 6,043 6,043
REACTOR PLANT EQUIPMENT
30 REACTOR COMPONENTS.............. 342,158 342,158
OCEAN ENGINEERING
31 DIVING AND SALVAGE EQUIPMENT.... 8,973 8,973
SMALL BOATS
32 STANDARD BOATS.................. 43,684 43,684
PRODUCTION FACILITIES EQUIPMENT
34 OPERATING FORCES IPE............ 75,421 75,421
OTHER SHIP SUPPORT
35 NUCLEAR ALTERATIONS............. 172,718 172,718
36 LCS COMMON MISSION MODULES 27,840 24,140
EQUIPMENT......................
Cancelled program (RMS)..... [-3,700]
37 LCS MCM MISSION MODULES......... 57,146 57,146
38 LCS ASW MISSION MODULES......... 31,952 31,952
39 LCS SUW MISSION MODULES......... 22,466 22,466
LOGISTIC SUPPORT
41 LSD MIDLIFE..................... 10,813 10,813
SHIP SONARS
42 SPQ-9B RADAR.................... 14,363 14,363
43 AN/SQQ-89 SURF ASW COMBAT SYSTEM 90,029 90,029
45 SSN ACOUSTIC EQUIPMENT.......... 248,765 248,765
46 UNDERSEA WARFARE SUPPORT 7,163 7,163
EQUIPMENT......................
ASW ELECTRONIC EQUIPMENT
48 SUBMARINE ACOUSTIC WARFARE 21,291 21,291
SYSTEM.........................
49 SSTD............................ 6,893 6,893
50 FIXED SURVEILLANCE SYSTEM....... 145,701 145,701
51 SURTASS......................... 36,136 46,136
Additional SURTASS array [10,000]
unfunded requirement........
ELECTRONIC WARFARE EQUIPMENT
53 AN/SLQ-32....................... 274,892 297,892
Additional SEWIP Blk 3 [23,000]
unfunded requirement........
RECONNAISSANCE EQUIPMENT
54 SHIPBOARD IW EXPLOIT............ 170,733 170,733
55 AUTOMATED IDENTIFICATION SYSTEM 958 958
(AIS)..........................
OTHER SHIP ELECTRONIC EQUIPMENT
57 COOPERATIVE ENGAGEMENT 22,034 22,034
CAPABILITY.....................
59 NAVAL TACTICAL COMMAND SUPPORT 12,336 12,336
SYSTEM (NTCSS).................
60 ATDLS........................... 30,105 30,105
61 NAVY COMMAND AND CONTROL SYSTEM 4,556 4,556
(NCCS).........................
62 MINESWEEPING SYSTEM REPLACEMENT. 56,675 32,175
Ahead of need............... [-24,500]
63 SHALLOW WATER MCM............... 8,875 8,875
64 NAVSTAR GPS RECEIVERS (SPACE)... 12,752 12,752
65 AMERICAN FORCES RADIO AND TV 4,577 4,577
SERVICE........................
66 STRATEGIC PLATFORM SUPPORT EQUIP 8,972 8,972
AVIATION ELECTRONIC EQUIPMENT
69 ASHORE ATC EQUIPMENT............ 75,068 75,068
70 AFLOAT ATC EQUIPMENT............ 33,484 33,484
76 ID SYSTEMS...................... 22,177 22,177
77 NAVAL MISSION PLANNING SYSTEMS.. 14,273 14,273
OTHER SHORE ELECTRONIC EQUIPMENT
80 TACTICAL/MOBILE C4I SYSTEMS..... 27,927 27,927
81 DCGS-N.......................... 12,676 12,676
82 CANES........................... 212,030 212,030
83 RADIAC.......................... 8,092 8,092
84 CANES-INTELL.................... 36,013 36,013
85 GPETE........................... 6,428 6,428
87 INTEG COMBAT SYSTEM TEST 8,376 8,376
FACILITY.......................
88 EMI CONTROL INSTRUMENTATION..... 3,971 3,971
89 ITEMS LESS THAN $5 MILLION...... 58,721 58,721
SHIPBOARD COMMUNICATIONS
90 SHIPBOARD TACTICAL 17,366 17,366
COMMUNICATIONS.................
91 SHIP COMMUNICATIONS AUTOMATION.. 102,479 102,479
92 COMMUNICATIONS ITEMS UNDER $5M.. 10,403 10,403
SUBMARINE COMMUNICATIONS
93 SUBMARINE BROADCAST SUPPORT..... 34,151 34,151
94 SUBMARINE COMMUNICATION 64,529 64,529
EQUIPMENT......................
SATELLITE COMMUNICATIONS
95 SATELLITE COMMUNICATIONS SYSTEMS 14,414 14,414
96 NAVY MULTIBAND TERMINAL (NMT)... 38,365 38,365
SHORE COMMUNICATIONS
97 JCS COMMUNICATIONS EQUIPMENT.... 4,156 4,156
CRYPTOGRAPHIC EQUIPMENT
99 INFO SYSTEMS SECURITY PROGRAM 85,694 85,694
(ISSP).........................
100 MIO INTEL EXPLOITATION TEAM..... 920 920
CRYPTOLOGIC EQUIPMENT
101 CRYPTOLOGIC COMMUNICATIONS EQUIP 21,098 21,098
OTHER ELECTRONIC SUPPORT
102 COAST GUARD EQUIPMENT........... 32,291 32,291
SONOBUOYS
103 SONOBUOYS--ALL TYPES............ 162,588 162,588
AIRCRAFT SUPPORT EQUIPMENT
104 WEAPONS RANGE SUPPORT EQUIPMENT. 58,116 58,116
105 AIRCRAFT SUPPORT EQUIPMENT...... 120,324 120,324
106 METEOROLOGICAL EQUIPMENT........ 29,253 29,253
107 DCRS/DPL........................ 632 632
108 AIRBORNE MINE COUNTERMEASURES... 29,097 29,097
109 AVIATION SUPPORT EQUIPMENT...... 39,099 39,099
SHIP GUN SYSTEM EQUIPMENT
110 SHIP GUN SYSTEMS EQUIPMENT...... 6,191 6,191
SHIP MISSILE SYSTEMS EQUIPMENT
111 SHIP MISSILE SUPPORT EQUIPMENT.. 320,446 320,446
112 TOMAHAWK SUPPORT EQUIPMENT...... 71,046 71,046
FBM SUPPORT EQUIPMENT
113 STRATEGIC MISSILE SYSTEMS EQUIP. 215,138 215,138
ASW SUPPORT EQUIPMENT
114 SSN COMBAT CONTROL SYSTEMS...... 130,715 130,715
115 ASW SUPPORT EQUIPMENT........... 26,431 26,431
OTHER ORDNANCE SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE DISPOSAL 11,821 11,821
EQUIP..........................
117 ITEMS LESS THAN $5 MILLION...... 6,243 6,243
OTHER EXPENDABLE ORDNANCE
118 SUBMARINE TRAINING DEVICE MODS.. 48,020 48,020
120 SURFACE TRAINING EQUIPMENT...... 97,514 97,514
CIVIL ENGINEERING SUPPORT
EQUIPMENT
121 PASSENGER CARRYING VEHICLES..... 8,853 8,853
122 GENERAL PURPOSE TRUCKS.......... 4,928 4,928
123 CONSTRUCTION & MAINTENANCE EQUIP 18,527 18,527
124 FIRE FIGHTING EQUIPMENT......... 13,569 13,569
125 TACTICAL VEHICLES............... 14,917 14,917
126 AMPHIBIOUS EQUIPMENT............ 7,676 7,676
127 POLLUTION CONTROL EQUIPMENT..... 2,321 2,321
128 ITEMS UNDER $5 MILLION.......... 12,459 12,459
129 PHYSICAL SECURITY VEHICLES...... 1,095 1,095
SUPPLY SUPPORT EQUIPMENT
131 SUPPLY EQUIPMENT................ 16,023 16,023
133 FIRST DESTINATION TRANSPORTATION 5,115 5,115
134 SPECIAL PURPOSE SUPPLY SYSTEMS.. 295,471 295,471
TRAINING DEVICES
136 TRAINING AND EDUCATION EQUIPMENT 9,504 9,504
COMMAND SUPPORT EQUIPMENT
137 COMMAND SUPPORT EQUIPMENT....... 37,180 37,180
139 MEDICAL SUPPORT EQUIPMENT....... 4,128 4,128
141 NAVAL MIP SUPPORT EQUIPMENT..... 1,925 1,925
142 OPERATING FORCES SUPPORT 4,777 4,777
EQUIPMENT......................
143 C4ISR EQUIPMENT................. 9,073 9,073
144 ENVIRONMENTAL SUPPORT EQUIPMENT. 21,107 21,107
145 PHYSICAL SECURITY EQUIPMENT..... 100,906 100,906
146 ENTERPRISE INFORMATION 67,544 67,544
TECHNOLOGY.....................
OTHER
150 NEXT GENERATION ENTERPRISE 98,216 98,216
SERVICE........................
CLASSIFIED PROGRAMS
160 CLASSIFIED PROGRAMS............. 9,915 9,915
SPARES AND REPAIR PARTS
151 SPARES AND REPAIR PARTS......... 199,660 199,660
TOTAL OTHER PROCUREMENT, NAVY... 6,338,861 6,408,661
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
1 AAV7A1 PIP...................... 73,785 73,785
2 LAV PIP......................... 53,423 53,423
ARTILLERY AND OTHER WEAPONS
3 EXPEDITIONARY FIRE SUPPORT 3,360 3,360
SYSTEM.........................
4 155MM LIGHTWEIGHT TOWED HOWITZER 3,318 3,318
5 HIGH MOBILITY ARTILLERY ROCKET 33,725 33,725
SYSTEM.........................
6 WEAPONS AND COMBAT VEHICLES 8,181 8,181
UNDER $5 MILLION...............
OTHER SUPPORT
7 MODIFICATION KITS............... 15,250 15,250
GUIDED MISSILES
9 GROUND BASED AIR DEFENSE........ 9,170 9,170
10 JAVELIN......................... 1,009 1,009
11 FOLLOW ON TO SMAW............... 24,666 24,666
12 ANTI-ARMOR WEAPONS SYSTEM-HEAVY 17,080 17,080
(AAWS-H).......................
COMMAND AND CONTROL SYSTEMS
15 COMMON AVIATION COMMAND AND 47,312 47,312
CONTROL SYSTEM (C..............
REPAIR AND TEST EQUIPMENT
16 REPAIR AND TEST EQUIPMENT....... 16,469 16,469
COMMAND AND CONTROL SYSTEM (NON-
TEL)
19 ITEMS UNDER $5 MILLION (COMM & 7,433 7,433
ELEC)..........................
20 AIR OPERATIONS C2 SYSTEMS....... 15,917 15,917
RADAR + EQUIPMENT (NON-TEL)
21 RADAR SYSTEMS................... 17,772 17,772
22 GROUND/AIR TASK ORIENTED RADAR 123,758 123,758
(G/ATOR).......................
23 RQ-21 UAS....................... 80,217 80,217
INTELL/COMM EQUIPMENT (NON-TEL)
24 GCSS-MC......................... 1,089 1,089
25 FIRE SUPPORT SYSTEM............. 13,258 13,258
26 INTELLIGENCE SUPPORT EQUIPMENT.. 56,379 56,379
29 RQ-11 UAV....................... 1,976 1,976
31 DCGS-MC......................... 1,149 1,149
32 UAS PAYLOADS.................... 2,971 2,971
OTHER SUPPORT (NON-TEL)
34 NEXT GENERATION ENTERPRISE 76,302 76,302
NETWORK (NGEN).................
35 COMMON COMPUTER RESOURCES....... 41,802 41,802
36 COMMAND POST SYSTEMS............ 90,924 90,924
37 RADIO SYSTEMS................... 43,714 43,714
38 COMM SWITCHING & CONTROL SYSTEMS 66,383 66,383
39 COMM & ELEC INFRASTRUCTURE 30,229 30,229
SUPPORT........................
CLASSIFIED PROGRAMS
40 CLASSIFIED PROGRAMS............. 2,738 2,738
ADMINISTRATIVE VEHICLES
41 COMMERCIAL CARGO VEHICLES....... 88,312 88,312
TACTICAL VEHICLES
43 MOTOR TRANSPORT MODIFICATIONS... 13,292 13,292
45 JOINT LIGHT TACTICAL VEHICLE.... 113,230 113,230
46 FAMILY OF TACTICAL TRAILERS..... 2,691 2,691
ENGINEER AND OTHER EQUIPMENT
48 ENVIRONMENTAL CONTROL EQUIP 18 18
ASSORT.........................
50 TACTICAL FUEL SYSTEMS........... 78 78
51 POWER EQUIPMENT ASSORTED........ 17,973 17,973
52 AMPHIBIOUS SUPPORT EQUIPMENT.... 7,371 7,371
53 EOD SYSTEMS..................... 14,021 14,021
MATERIALS HANDLING EQUIPMENT
54 PHYSICAL SECURITY EQUIPMENT..... 31,523 31,523
GENERAL PROPERTY
58 TRAINING DEVICES................ 33,658 33,658
60 FAMILY OF CONSTRUCTION EQUIPMENT 21,315 21,315
61 FAMILY OF INTERNALLY 9,654 9,654
TRANSPORTABLE VEH (ITV)........
OTHER SUPPORT
62 ITEMS LESS THAN $5 MILLION...... 6,026 6,026
SPARES AND REPAIR PARTS
64 SPARES AND REPAIR PARTS......... 22,848 22,848
TOTAL PROCUREMENT, MARINE CORPS. 1,362,769 1,362,769
AIRCRAFT PROCUREMENT, AIR FORCE
TACTICAL FORCES
1 F-35............................ 4,401,894 4,401,894
2 F-35 (AP)....................... 404,500 404,500
TACTICAL AIRLIFT
3 KC-46A TANKER................... 2,884,591 2,884,591
OTHER AIRLIFT
4 C-130J.......................... 145,655 145,655
6 HC-130J......................... 317,576 317,576
7 HC-130J (AP).................... 20,000 20,000
8 MC-130J......................... 548,358 548,358
9 MC-130J (AP).................... 50,000 50,000
HELICOPTERS
10 UUH-1N REPLACEMENT.............. 18,337 320,637
HH-60 Blackhawks, initial [302,300]
spares, and support
equipment...................
MISSION SUPPORT AIRCRAFT
12 CIVIL AIR PATROL A/C............ 2,637 2,637
OTHER AIRCRAFT
13 TARGET DRONES................... 114,656 114,656
14 RQ-4............................ 12,966 12,966
15 MQ-9............................ 122,522 35,522
Air Force requested [-87,000]
realignment.................
STRATEGIC AIRCRAFT
16 B-2A............................ 46,729 46,729
17 B-1B............................ 116,319 116,319
18 B-52............................ 109,020 109,020
TACTICAL AIRCRAFT
20 A-10............................ 1,289 1,289
21 F-15............................ 105,685 105,685
22 F-16............................ 97,331 185,631
Active missile warning [12,000]
system......................
Anti-jam global positioning [5,000]
system (GPS) upgrade........
Digital radar warning system [23,000]
Multi-mission computer and [48,300]
MIDS-JTRS...................
23 F-22A........................... 163,008 163,008
24 F-35 MODIFICATIONS.............. 175,811 175,811
25 INCREMENT 3.2B.................. 76,410 76,410
26 INCREMENT 3.2B (AP)............. 2,000 2,000
AIRLIFT AIRCRAFT
27 C-5............................. 24,192 24,192
29 C-17A........................... 21,555 21,555
30 C-21............................ 5,439 5,439
31 C-32A........................... 35,235 35,235
32 C-37A........................... 5,004 5,004
TRAINER AIRCRAFT
33 GLIDER MODS..................... 394 394
34 T-6............................. 12,765 12,765
35 T-1............................. 25,073 25,073
36 T-38............................ 45,090 45,090
OTHER AIRCRAFT
37 U-2 MODS........................ 36,074 36,074
38 KC-10A (ATCA)................... 4,570 4,570
39 C-12............................ 1,995 1,995
40 VC-25A MOD...................... 102,670 102,670
41 C-40............................ 13,984 13,984
42 C-130........................... 9,168 9,168
43 C-130J MODS..................... 89,424 89,424
44 C-135........................... 64,161 64,161
45 COMPASS CALL MODS............... 130,257 155,857
Air Force requested [25,600]
realignment from Initial
Spares......................
46 RC-135.......................... 211,438 211,438
47 E-3............................. 82,786 82,786
48 E-4............................. 53,348 53,348
49 E-8............................. 6,244 6,244
50 AIRBORNE WARNING AND CONTROL 223,427 223,427
SYSTEM.........................
51 FAMILY OF BEYOND LINE-OF-SIGHT 4,673 4,673
TERMINALS......................
52 H-1............................. 9,007 9,007
54 H-60............................ 91,357 91,357
55 RQ-4 MODS....................... 32,045 32,045
56 HC/MC-130 MODIFICATIONS......... 30,767 30,767
57 OTHER AIRCRAFT.................. 33,886 33,886
59 MQ-9 MODS....................... 141,929 141,929
60 CV-22 MODS...................... 63,395 63,395
AIRCRAFT SPARES AND REPAIR PARTS
61 INITIAL SPARES/REPAIR PARTS..... 686,491 747,891
Air Force requested [-25,600]
realignment.................
Air Force requested [87,000]
realignment from MQ-9.......
COMMON SUPPORT EQUIPMENT
62 AIRCRAFT REPLACEMENT SUPPORT 121,935 121,935
EQUIP..........................
POST PRODUCTION SUPPORT
63 B-2A............................ 154 154
64 B-2A............................ 43,330 43,330
65 B-52............................ 28,125 28,125
66 C-17A........................... 23,559 23,559
69 F-15............................ 2,980 2,980
70 F-16............................ 15,155 15,155
71 F-22A........................... 48,505 48,505
74 RQ-4 POST PRODUCTION CHARGES.... 99 99
INDUSTRIAL PREPAREDNESS
75 INDUSTRIAL RESPONSIVENESS....... 14,126 14,126
WAR CONSUMABLES
76 WAR CONSUMABLES................. 120,036 120,036
OTHER PRODUCTION CHARGES
77 OTHER PRODUCTION CHARGES........ 1,252,824 1,252,824
CLASSIFIED PROGRAMS
78 CLASSIFIED PROGRAMS............. 16,952 16,952
TOTAL AIRCRAFT PROCUREMENT, AIR 13,922,917 14,313,517
FORCE..........................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT--
BALLISTIC
1 MISSILE REPLACEMENT EQ-BALLISTIC 70,247 70,247
TACTICAL
2 JOINT AIR-SURFACE STANDOFF 431,645 431,645
MISSILE........................
3 LRASM0.......................... 59,511 59,511
4 SIDEWINDER (AIM-9X)............. 127,438 127,438
5 AMRAAM.......................... 350,144 350,144
6 PREDATOR HELLFIRE MISSILE....... 33,955 33,955
7 SMALL DIAMETER BOMB............. 92,361 92,361
INDUSTRIAL FACILITIES
8 INDUSTR'L PREPAREDNS/POL 977 977
PREVENTION.....................
CLASS IV
9 ICBM FUZE MOD................... 17,095 17,095
10 MM III MODIFICATIONS............ 68,692 68,692
11 AGM-65D MAVERICK................ 282 282
13 AIR LAUNCH CRUISE MISSILE (ALCM) 21,762 21,762
14 SMALL DIAMETER BOMB............. 15,349 15,349
MISSILE SPARES AND REPAIR PARTS
15 INITIAL SPARES/REPAIR PARTS..... 81,607 81,607
SPECIAL PROGRAMS
30 SPECIAL UPDATE PROGRAMS......... 46,125 46,125
CLASSIFIED PROGRAMS
31 CLASSIFIED PROGRAMS............. 1,009,431 1,009,431
TOTAL MISSILE PROCUREMENT, AIR 2,426,621 2,426,621
FORCE..........................
SPACE PROCUREMENT, AIR FORCE
SPACE PROGRAMS
1 ADVANCED EHF.................... 645,569 645,569
2 AF SATELLITE COMM SYSTEM........ 42,375 42,375
3 COUNTERSPACE SYSTEMS............ 26,984 26,984
4 FAMILY OF BEYOND LINE-OF-SIGHT 88,963 88,963
TERMINALS......................
5 WIDEBAND GAPFILLER 86,272 86,272
SATELLITES(SPACE)..............
6 GPS III SPACE SEGMENT........... 34,059 34,059
7 GLOBAL POSTIONING (SPACE)....... 2,169 2,169
8 SPACEBORNE EQUIP (COMSEC)....... 46,708 46,708
9 GLOBAL POSITIONING (SPACE)...... 13,171 13,171
10 MILSATCOM....................... 41,799 41,799
11 EVOLVED EXPENDABLE LAUNCH 768,586 768,586
CAPABILITY.....................
12 EVOLVED EXPENDABLE LAUNCH 737,853 737,853
VEH(SPACE).....................
13 SBIR HIGH (SPACE)............... 362,504 362,504
14 NUDET DETECTION SYSTEM.......... 4,395 4,395
15 SPACE MODS...................... 8,642 8,642
16 SPACELIFT RANGE SYSTEM SPACE.... 123,088 123,088
SPARES
17 INITIAL SPARES/REPAIR PARTS..... 22,606 22,606
TOTAL SPACE PROCUREMENT, AIR 3,055,743 3,055,743
FORCE..........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS......................... 18,734 18,734
CARTRIDGES
2 CARTRIDGES...................... 220,237 220,237
BOMBS
3 PRACTICE BOMBS.................. 97,106 97,106
4 GENERAL PURPOSE BOMBS........... 581,561 581,561
5 MASSIVE ORDNANCE PENETRATOR 3,600 3,600
(MOP)..........................
6 JOINT DIRECT ATTACK MUNITION.... 303,988 303,988
OTHER ITEMS
7 CAD/PAD......................... 38,890 38,890
8 EXPLOSIVE ORDNANCE DISPOSAL 5,714 5,714
(EOD)..........................
9 SPARES AND REPAIR PARTS......... 740 740
10 MODIFICATIONS................... 573 573
11 ITEMS LESS THAN $5 MILLION...... 5,156 5,156
FLARES
12 FLARES.......................... 134,709 134,709
FUZES
13 FUZES........................... 229,252 229,252
SMALL ARMS
14 SMALL ARMS...................... 37,459 37,459
TOTAL PROCUREMENT OF AMMUNITION, 1,677,719 1,677,719
AIR FORCE......................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES..... 14,437 14,437
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE......... 24,812 24,812
3 CAP VEHICLES.................... 984 984
4 ITEMS LESS THAN $5 MILLION...... 11,191 11,191
SPECIAL PURPOSE VEHICLES
5 SECURITY AND TACTICAL VEHICLES.. 5,361 5,361
6 ITEMS LESS THAN $5 MILLION...... 4,623 4,623
FIRE FIGHTING EQUIPMENT
7 FIRE FIGHTING/CRASH RESCUE 12,451 12,451
VEHICLES.......................
MATERIALS HANDLING EQUIPMENT
8 ITEMS LESS THAN $5 MILLION...... 18,114 18,114
BASE MAINTENANCE SUPPORT
9 RUNWAY SNOW REMOV & CLEANING 2,310 2,310
EQUIP..........................
10 ITEMS LESS THAN $5 MILLION...... 46,868 46,868
COMM SECURITY EQUIPMENT(COMSEC)
12 COMSEC EQUIPMENT................ 72,359 72,359
INTELLIGENCE PROGRAMS
14 INTELLIGENCE TRAINING EQUIPMENT. 6,982 6,982
15 INTELLIGENCE COMM EQUIPMENT..... 30,504 35,604
Air Force requested [5,100]
realignment from AFNET......
ELECTRONICS PROGRAMS
16 AIR TRAFFIC CONTROL & LANDING 55,803 55,803
SYS............................
17 NATIONAL AIRSPACE SYSTEM........ 2,673 2,673
18 BATTLE CONTROL SYSTEM--FIXED.... 5,677 5,677
19 THEATER AIR CONTROL SYS 1,163 1,163
IMPROVEMENTS...................
20 WEATHER OBSERVATION FORECAST.... 21,667 21,667
21 STRATEGIC COMMAND AND CONTROL... 39,803 39,803
22 CHEYENNE MOUNTAIN COMPLEX....... 24,618 24,618
23 MISSION PLANNING SYSTEMS........ 15,868 15,868
25 INTEGRATED STRAT PLAN & ANALY 9,331 9,331
NETWORK (ISPAN)................
SPCL COMM-ELECTRONICS PROJECTS
26 GENERAL INFORMATION TECHNOLOGY.. 41,779 41,779
27 AF GLOBAL COMMAND & CONTROL SYS. 15,729 15,729
28 MOBILITY COMMAND AND CONTROL.... 9,814 9,814
29 AIR FORCE PHYSICAL SECURITY 99,460 99,460
SYSTEM.........................
30 COMBAT TRAINING RANGES.......... 34,850 34,850
31 MINIMUM ESSENTIAL EMERGENCY COMM 198,925 198,925
N..............................
32 WIDE AREA SURVEILLANCE (WAS).... 6,943 6,943
33 C3 COUNTERMEASURES.............. 19,580 19,580
34 GCSS-AF FOS..................... 1,743 1,743
36 THEATER BATTLE MGT C2 SYSTEM.... 9,659 9,659
37 AIR & SPACE OPERATIONS CTR-WPN 15,474 15,474
SYS............................
38 AIR OPERATIONS CENTER (AOC) 10.2 30,623 30,623
AIR FORCE COMMUNICATIONS
39 INFORMATION TRANSPORT SYSTEMS... 40,043 40,043
40 AFNET........................... 146,897 141,797
Air Force requested [-5,100]
realignment.................
41 JOINT COMMUNICATIONS SUPPORT 5,182 5,182
ELEMENT (JCSE).................
42 USCENTCOM....................... 13,418 13,418
ORGANIZATION AND BASE
52 TACTICAL C-E EQUIPMENT.......... 109,836 109,836
53 RADIO EQUIPMENT................. 16,266 16,266
54 CCTV/AUDIOVISUAL EQUIPMENT...... 7,449 7,449
55 BASE COMM INFRASTRUCTURE........ 109,215 109,215
MODIFICATIONS
56 COMM ELECT MODS................. 65,700 65,700
PERSONAL SAFETY & RESCUE EQUIP
58 ITEMS LESS THAN $5 MILLION...... 54,416 54,416
DEPOT PLANT+MTRLS HANDLING EQ
59 MECHANIZED MATERIAL HANDLING 7,344 7,344
EQUIP..........................
BASE SUPPORT EQUIPMENT
60 BASE PROCURED EQUIPMENT......... 6,852 6,852
63 MOBILITY EQUIPMENT.............. 8,146 8,146
64 ITEMS LESS THAN $5 MILLION...... 28,427 28,427
SPECIAL SUPPORT PROJECTS
66 DARP RC135...................... 25,287 25,287
67 DCGS-AF......................... 169,201 169,201
69 SPECIAL UPDATE PROGRAM.......... 576,710 576,710
CLASSIFIED PROGRAMS
70 CLASSIFIED PROGRAMS............. 15,119,705 15,119,705
SPARES AND REPAIR PARTS
72 SPARES AND REPAIR PARTS......... 15,784 15,784
TOTAL OTHER PROCUREMENT, AIR 17,438,056 17,438,056
FORCE..........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, OSD
37 MAJOR EQUIPMENT, OSD............ 29,211 6,111
Mentor Prot�g�.... [-23,100]
MAJOR EQUIPMENT, NSA
36 INFORMATION SYSTEMS SECURITY 4,399 4,399
PROGRAM (ISSP).................
MAJOR EQUIPMENT, WHS
40 MAJOR EQUIPMENT, WHS............ 24,979 24,979
MAJOR EQUIPMENT, DISA
6 INFORMATION SYSTEMS SECURITY.... 21,347 21,347
7 TELEPORT PROGRAM................ 50,597 50,597
8 ITEMS LESS THAN $5 MILLION...... 10,420 10,420
9 NET CENTRIC ENTERPRISE SERVICES 1,634 1,634
(NCES).........................
10 DEFENSE INFORMATION SYSTEM 87,235 87,235
NETWORK........................
11 CYBER SECURITY INITIATIVE....... 4,528 4,528
12 WHITE HOUSE COMMUNICATION AGENCY 36,846 36,846
13 SENIOR LEADERSHIP ENTERPRISE.... 599,391 599,391
15 JOINT REGIONAL SECURITY STACKS 150,221 150,221
(JRSS).........................
MAJOR EQUIPMENT, DLA
17 MAJOR EQUIPMENT................. 2,055 2,055
MAJOR EQUIPMENT, DSS
20 MAJOR EQUIPMENT................. 1,057 1,057
MAJOR EQUIPMENT, DCAA
1 ITEMS LESS THAN $5 MILLION...... 2,964 2,964
MAJOR EQUIPMENT, TJS
38 MAJOR EQUIPMENT, TJS............ 7,988 7,988
MAJOR EQUIPMENT, MISSILE DEFENSE
AGENCY
23 THAAD........................... 369,608 369,608
24 AEGIS BMD....................... 463,801 463,801
25 BMDS AN/TPY-2 RADARS............ 5,503 5,503
28 AEGIS ASHORE PHASE III.......... 57,493 57,493
29 IRON DOME....................... 42,000 42,000
30 AEGIS BMD HARDWARE AND SOFTWARE. 50,098 50,098
MAJOR EQUIPMENT, DHRA
3 PERSONNEL ADMINISTRATION........ 14,232 14,232
MAJOR EQUIPMENT, DEFENSE THREAT
REDUCTION AGENCY
21 VEHICLES........................ 200 200
22 OTHER MAJOR EQUIPMENT........... 6,437 6,437
MAJOR EQUIPMENT, DODEA
19 AUTOMATION/EDUCATIONAL SUPPORT & 288 288
LOGISTICS......................
MAJOR EQUIPMENT, DCMA
2 MAJOR EQUIPMENT................. 92 92
MAJOR EQUIPMENT, DMACT
18 MAJOR EQUIPMENT................. 8,060 8,060
CLASSIFIED PROGRAMS
41 CLASSIFIED PROGRAMS............. 568,864 568,864
AVIATION PROGRAMS
42 ROTARY WING UPGRADES AND 150,396 168,996
SUSTAINMENT....................
OCONUS training loss [18,600]
replacement.................
43 UNMANNED ISR.................... 21,190 21,190
45 NON-STANDARD AVIATION........... 4,905 4,905
46 U-28............................ 3,970 3,970
47 MH-47 CHINOOK................... 25,022 25,022
49 CV-22 MODIFICATION.............. 19,008 19,008
51 MQ-9 UNMANNED AERIAL VEHICLE.... 10,598 25,398
MQ-9 capability enhancements [14,800]
53 PRECISION STRIKE PACKAGE........ 213,122 200,022
SOCOM requested transfer.... [-13,100]
54 AC/MC-130J...................... 73,548 86,648
SOCOM requested transfer.... [13,100]
55 C-130 MODIFICATIONS............. 32,970 32,970
SHIPBUILDING
56 UNDERWATER SYSTEMS.............. 37,098 37,098
AMMUNITION PROGRAMS
57 ORDNANCE ITEMS <$5M............. 105,267 105,267
OTHER PROCUREMENT PROGRAMS
58 INTELLIGENCE SYSTEMS............ 79,963 79,963
59 DISTRIBUTED COMMON GROUND/ 13,432 13,432
SURFACE SYSTEMS................
60 OTHER ITEMS <$5M................ 66,436 66,436
61 COMBATANT CRAFT SYSTEMS......... 55,820 55,820
62 SPECIAL PROGRAMS................ 107,432 107,432
63 TACTICAL VEHICLES............... 67,849 67,849
64 WARRIOR SYSTEMS <$5M............ 245,781 245,781
65 COMBAT MISSION REQUIREMENTS..... 19,566 19,566
66 GLOBAL VIDEO SURVEILLANCE 3,437 3,437
ACTIVITIES.....................
67 OPERATIONAL ENHANCEMENTS 17,299 17,299
INTELLIGENCE...................
69 OPERATIONAL ENHANCEMENTS........ 219,945 219,945
CBDP
70 CHEMICAL BIOLOGICAL SITUATIONAL 148,203 148,203
AWARENESS......................
71 CB PROTECTION & HAZARD 161,113 161,113
MITIGATION.....................
TOTAL PROCUREMENT, DEFENSE-WIDE. 4,524,918 4,535,218
JOINT URGENT OPERATIONAL NEEDS
FUND
JOINT URGENT OPERATIONAL NEEDS
FUND
1 JOINT URGENT OPERATIONAL NEEDS 99,300 99,300
FUND...........................
TOTAL JOINT URGENT OPERATIONAL 99,300 99,300
NEEDS FUND.....................
TOTAL PROCUREMENT............... 101,971,592 102,434,976
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
(a) Procurement.--
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2017 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
ROTARY
6 AH-64 APACHE BLOCK IIIA REMAN... 78,040 78,040
MODIFICATION OF AIRCRAFT
15 MULTI SENSOR ABN RECON (MIP).... 21,400 21,400
20 EMARSS SEMA MODS (MIP).......... 42,700 42,700
26 RQ-7 UAV MODS................... 1,775 1,775
27 UAS MODS........................ 4,420 4,420
GROUND SUPPORT AVIONICS
30 CMWS............................ 56,115 56,115
31 CIRCM........................... 108,721 108,721
TOTAL AIRCRAFT PROCUREMENT, ARMY 313,171 313,171
MISSILE PROCUREMENT, ARMY
AIR-TO-SURFACE MISSILE SYSTEM
4 HELLFIRE SYS SUMMARY............ 455,830 455,830
ANTI-TANK/ASSAULT MISSILE SYS
7 JAVELIN (AAWS-M) SYSTEM SUMMARY. 15,567 15,567
8 TOW 2 SYSTEM SUMMARY............ 80,652 80,652
10 GUIDED MLRS ROCKET (GMLRS)...... 75,991 75,991
12 LETHAL MINIATURE AERIAL MISSILE 4,777 4,777
SYSTEM (LMAMS..................
TOTAL MISSILE PROCUREMENT, ARMY. 632,817 632,817
PROCUREMENT OF W&TCV, ARMY
MODIFICATION OF TRACKED COMBAT
VEHICLES
7 PALADIN INTEGRATED MANAGEMENT 125,184 125,184
(PIM)..........................
9 ASSAULT BRIDGE (MOD)............ 5,950 5,950
WEAPONS & OTHER COMBAT VEHICLES
17 MORTAR SYSTEMS.................. 22,410 22,410
TOTAL PROCUREMENT OF W&TCV, ARMY 153,544 153,544
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
2 CTG, 7.62MM, ALL TYPES.......... 9,642 9,642
4 CTG, .50 CAL, ALL TYPES......... 6,607 6,607
5 CTG, 20MM, ALL TYPES............ 1,077 1,077
6 CTG, 25MM, ALL TYPES............ 28,534 28,534
7 CTG, 30MM, ALL TYPES............ 20,000 20,000
8 CTG, 40MM, ALL TYPES............ 7,423 7,423
MORTAR AMMUNITION
9 60MM MORTAR, ALL TYPES.......... 10,000 10,000
10 81MM MORTAR, ALL TYPES.......... 2,677 2,677
TANK AMMUNITION
12 CARTRIDGES, TANK, 105MM AND 8,999 8,999
120MM, ALL TYPES...............
ARTILLERY AMMUNITION
14 ARTILLERY PROJECTILE, 155MM, ALL 30,348 30,348
TYPES..........................
15 PROJ 155MM EXTENDED RANGE M982.. 140 140
16 ARTILLERY PROPELLANTS, FUZES AND 29,655 29,655
PRIMERS, ALL...................
MINES
17 MINES & CLEARING CHARGES, ALL 16,866 16,866
TYPES..........................
NETWORKED MUNITIONS
18 SPIDER NETWORK MUNITIONS, ALL 10,353 0
TYPES..........................
Early to need............... [-10,353]
ROCKETS
19 SHOULDER LAUNCHED MUNITIONS, ALL 63,210 63,210
TYPES..........................
20 ROCKET, HYDRA 70, ALL TYPES..... 42,851 42,851
OTHER AMMUNITION
22 DEMOLITION MUNITIONS, ALL TYPES. 6,373 6,373
23 GRENADES, ALL TYPES............. 4,143 4,143
24 SIGNALS, ALL TYPES.............. 1,852 1,852
MISCELLANEOUS
27 NON-LETHAL AMMUNITION, ALL TYPES 773 773
TOTAL PROCUREMENT OF AMMUNITION, 301,523 291,170
ARMY...........................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
2 SEMITRAILERS, FLATBED:.......... 4,180 4,180
8 FAMILY OF MEDIUM TACTICAL VEH 299,476 299,476
(FMTV).........................
10 FAMILY OF HEAVY TACTICAL 6,122 6,122
VEHICLES (FHTV)................
11 PLS ESP......................... 106,358 106,358
12 HVY EXPANDED MOBILE TACTICAL 203,766 203,766
TRUCK EXT SERV.................
13 TACTICAL WHEELED VEHICLE 101,154 101,154
PROTECTION KITS................
14 MODIFICATION OF IN SVC EQUIP.... 155,456 155,456
COMM--JOINT COMMUNICATIONS
19 WIN-T--GROUND FORCES TACTICAL 9,572 9,572
NETWORK........................
COMM--SATELLITE COMMUNICATIONS
25 SHF TERM........................ 24,000 24,000
COMM--INTELLIGENCE COMM
47 CI AUTOMATION ARCHITECTURE...... 1,550 1,550
INFORMATION SECURITY
51 COMMUNICATIONS SECURITY (COMSEC) 1,928 1,928
COMM--BASE COMMUNICATIONS
56 INSTALLATION INFO INFRASTRUCTURE 20,510 20,510
MOD PROGRAM....................
ELECT EQUIP--TACT INT REL ACT
(TIARA)
62 DCGS-A (MIP).................... 33,032 33,032
64 TROJAN (MIP).................... 3,305 3,305
66 CI HUMINT AUTO REPRTING AND 7,233 7,233
COLL(CHARCS)...................
69 BIOMETRIC TACTICAL COLLECTION 5,670 5,670
DEVICES (MIP)..................
ELECT EQUIP--ELECTRONIC WARFARE
(EW)
70 LIGHTWEIGHT COUNTER MORTAR RADAR 25,892 25,892
74 FAMILY OF PERSISTENT 11,610 11,610
SURVEILLANCE CAPABILITIE.......
75 COUNTERINTELLIGENCE/SECURITY 23,890 23,890
COUNTERMEASURES................
ELECT EQUIP--TACTICAL SURV. (TAC
SURV)
80 INDIRECT FIRE PROTECTION FAMILY 4,270 4,270
OF SYSTEMS.....................
89 MORTAR FIRE CONTROL SYSTEM...... 2,572 2,572
ELECT EQUIP--TACTICAL C2 SYSTEMS
92 AIR & MSL DEFENSE PLANNING & 69,958 69,958
CONTROL SYS....................
ELECT EQUIP--AUTOMATION
102 AUTOMATED DATA PROCESSING EQUIP. 9,900 9,900
ELECT EQUIP--AUDIO VISUAL SYS (A/
V)
108 ITEMS LESS THAN $5M (SURVEYING 96 96
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 SYSTEMS... 268 268
128 FAMILY OF BOATS AND MOTORS...... 280 280
COMBAT SERVICE SUPPORT EQUIPMENT
129 HEATERS AND ECU'S............... 894 894
134 FORCE PROVIDER.................. 53,800 53,800
135 FIELD FEEDING EQUIPMENT......... 2,665 2,665
136 CARGO AERIAL DEL & PERSONNEL 2,400 2,400
PARACHUTE SYSTEM...............
137 FAMILY OF ENGR COMBAT AND 9,789 9,789
CONSTRUCTION SETS..............
138 ITEMS LESS THAN $5M (ENG SPT)... 300 300
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE EQUIPMENT.. 4,800 4,800
140 DISTRIBUTION SYSTEMS, PETROLEUM 78,240 78,240
& WATER........................
MEDICAL EQUIPMENT
141 COMBAT SUPPORT MEDICAL.......... 5,763 5,763
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE EQUIPMENT 1,609 1,609
SYSTEMS........................
143 ITEMS LESS THAN $5.0M (MAINT EQ) 145 145
CONSTRUCTION EQUIPMENT
144 GRADER, ROAD MTZD, HVY, 6X4 3,047 3,047
(CCE)..........................
148 TRACTOR, FULL TRACKED........... 4,426 4,426
151 HIGH MOBILITY ENGINEER EXCAVATOR 2,900 2,900
(HMEE).........................
155 ITEMS LESS THAN $5.0M (CONST 96 96
EQUIP).........................
GENERATORS
158 GENERATORS AND ASSOCIATED EQUIP. 31,761 31,761
MATERIAL HANDLING EQUIPMENT
160 FAMILY OF FORKLIFTS............. 846 846
TEST MEASURE AND DIG EQUIPMENT
(TMD)
168 TEST EQUIPMENT MODERNIZATION 1,140 1,140
(TEMOD)........................
OTHER SUPPORT EQUIPMENT
170 RAPID EQUIPPING SOLDIER SUPPORT 8,500 8,500
EQUIPMENT......................
TOTAL OTHER PROCUREMENT, ARMY... 1,373,010 1,373,010
JOINT IMPROVISED-THREAT DEFEAT
FUND
NETWORK ATTACK
1 RAPID ACQUISITION AND THREAT 345,472 345,472
RESPONSE.......................
STAFF AND INFRASTRUCTURE
2 MISSION ENABLERS................ 62,800 62,800
TOTAL JOINT IMPROVISED-THREAT 408,272 408,272
DEFEAT FUND....................
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
2 F/A-18E/F (FIGHTER) HORNET...... 184,912 184,912
OTHER AIRCRAFT
26 STUASL0 UAV..................... 70,000 70,000
MODIFICATION OF AIRCRAFT
35 SH-60 SERIES.................... 3,000 3,000
36 H-1 SERIES...................... 3,740 3,740
37 EP-3 SERIES..................... 7,505 7,505
47 SPECIAL PROJECT AIRCRAFT........ 14,869 14,869
51 COMMON ECM EQUIPMENT............ 98,240 98,240
59 V-22 (TILT/ROTOR ACFT) OSPREY... 8,740 8,740
AIRCRAFT SPARES AND REPAIR PARTS
63 SPARES AND REPAIR PARTS......... 1,500 1,500
AIRCRAFT SUPPORT EQUIP &
FACILITIES
65 AIRCRAFT INDUSTRIAL FACILITIES.. 524 524
TOTAL AIRCRAFT PROCUREMENT, NAVY 393,030 393,030
WEAPONS PROCUREMENT, NAVY
TACTICAL MISSILES
10 HELLFIRE........................ 8,600 8,600
TOTAL WEAPONS PROCUREMENT, NAVY. 8,600 8,600
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS........... 40,366 40,366
2 AIRBORNE ROCKETS, ALL TYPES..... 8,860 8,860
6 AIR EXPENDABLE COUNTERMEASURES.. 7,060 7,060
13 PYROTECHNIC AND DEMOLITION...... 1,122 1,122
14 AMMUNITION LESS THAN $5 MILLION. 3,495 3,495
MARINE CORPS AMMUNITION
15 SMALL ARMS AMMUNITION........... 1,205 1,205
17 40 MM, ALL TYPES................ 539 539
18 60MM, ALL TYPES................. 909 909
20 120MM, ALL TYPES................ 530 530
22 ROCKETS, ALL TYPES.............. 469 469
23 ARTILLERY, ALL TYPES............ 1,196 1,196
24 DEMOLITION MUNITIONS, ALL TYPES. 261 261
25 FUZE, ALL TYPES................. 217 217
TOTAL PROCUREMENT OF AMMO, NAVY 66,229 66,229
& MC...........................
OTHER PROCUREMENT, NAVY
OTHER SHORE ELECTRONIC EQUIPMENT
81 DCGS-N.......................... 12,000 12,000
OTHER ORDNANCE SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE DISPOSAL 99,329 99,329
EQUIP..........................
CIVIL ENGINEERING SUPPORT
EQUIPMENT
124 FIRE FIGHTING EQUIPMENT......... 630 630
SUPPLY SUPPORT EQUIPMENT
133 FIRST DESTINATION TRANSPORTATION 25 25
COMMAND SUPPORT EQUIPMENT
137 COMMAND SUPPORT EQUIPMENT....... 10,562 10,562
CLASSIFIED PROGRAMS
138 CLASSIFIED PROGRAMS............. 1,660 1,660
TOTAL OTHER PROCUREMENT, NAVY... 124,206 124,206
PROCUREMENT, MARINE CORPS
ARTILLERY AND OTHER WEAPONS
6 WEAPONS AND COMBAT VEHICLES 572 572
UNDER $5 MILLION...............
GUIDED MISSILES
10 JAVELIN......................... 1,606 1,606
OTHER SUPPORT (TEL)
18 MODIFICATION KITS............... 2,600 2,600
COMMAND AND CONTROL SYSTEM (NON-
TEL)
19 ITEMS UNDER $5 MILLION (COMM & 2,200 2,200
ELEC)..........................
INTELL/COMM EQUIPMENT (NON-TEL)
26 INTELLIGENCE SUPPORT EQUIPMENT.. 20,981 20,981
29 RQ-11 UAV....................... 3,817 3,817
OTHER SUPPORT (NON-TEL)
35 COMMON COMPUTER RESOURCES....... 2,600 2,600
37 RADIO SYSTEMS................... 9,563 9,563
ENGINEER AND OTHER EQUIPMENT
53 EOD SYSTEMS..................... 75,000 75,000
TOTAL PROCUREMENT, MARINE CORPS. 118,939 118,939
AIRCRAFT PROCUREMENT, AIR FORCE
OTHER AIRLIFT
4 C-130J.......................... 73,000 73,000
OTHER AIRCRAFT
15 MQ-9............................ 453,030 453,030
STRATEGIC AIRCRAFT
19 LARGE AIRCRAFT INFRARED 135,801 135,801
COUNTERMEASURES................
TACTICAL AIRCRAFT
20 A-10............................ 23,850 23,850
OTHER AIRCRAFT
47 E-3............................. 6,600 6,600
56 HC/MC-130 MODIFICATIONS......... 13,550 13,550
57 OTHER AIRCRAFT.................. 7,500 7,500
59 MQ-9 MODS....................... 112,068 112,068
AIRCRAFT SPARES AND REPAIR PARTS
61 INITIAL SPARES/REPAIR PARTS..... 25,600 25,600
OTHER PRODUCTION CHARGES
77 OTHER PRODUCTION CHARGES........ 8,400 8,400
TOTAL AIRCRAFT PROCUREMENT, AIR 859,399 859,399
FORCE..........................
MISSILE PROCUREMENT, AIR FORCE
TACTICAL
6 PREDATOR HELLFIRE MISSILE....... 145,125 145,125
7 SMALL DIAMETER BOMB............. 167,800 167,800
CLASS IV
11 AGM-65D MAVERICK................ 26,620 26,620
TOTAL MISSILE PROCUREMENT, AIR 339,545 339,545
FORCE..........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS......................... 60,000 60,000
CARTRIDGES
2 CARTRIDGES...................... 9,830 9,830
BOMBS
4 GENERAL PURPOSE BOMBS........... 7,921 7,921
6 JOINT DIRECT ATTACK MUNITION.... 403,126 403,126
FLARES
12 FLARES.......................... 6,531 6,531
TOTAL PROCUREMENT OF AMMUNITION, 487,408 487,408
AIR FORCE......................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES..... 2,003 2,003
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE......... 9,066 9,066
4 ITEMS LESS THAN $5 MILLION...... 12,264 12,264
SPECIAL PURPOSE VEHICLES
6 ITEMS LESS THAN $5 MILLION...... 16,789 16,789
FIRE FIGHTING EQUIPMENT
7 FIRE FIGHTING/CRASH RESCUE 48,590 48,590
VEHICLES.......................
MATERIALS HANDLING EQUIPMENT
8 ITEMS LESS THAN $5 MILLION...... 2,366 2,366
BASE MAINTENANCE SUPPORT
9 RUNWAY SNOW REMOV & CLEANING 6,468 6,468
EQUIP..........................
10 ITEMS LESS THAN $5 MILLION...... 9,271 9,271
ELECTRONICS PROGRAMS
16 AIR TRAFFIC CONTROL & LANDING 42,650 42,650
SYS............................
SPCL COMM-ELECTRONICS PROJECTS
29 AIR FORCE PHYSICAL SECURITY 7,500 7,500
SYSTEM.........................
33 C3 COUNTERMEASURES.............. 620 620
ORGANIZATION AND BASE
52 TACTICAL C-E EQUIPMENT.......... 8,100 8,100
MODIFICATIONS
56 COMM ELECT MODS................. 3,800 3,800
BASE SUPPORT EQUIPMENT
61 ENGINEERING AND EOD EQUIPMENT... 53,900 53,900
SPECIAL SUPPORT PROJECTS
67 DCGS-AF......................... 800 800
CLASSIFIED PROGRAMS
68 CLASSIFIED PROGRAMS............. 3,472,094 3,472,094
TOTAL OTHER PROCUREMENT, AIR 3,696,281 3,696,281
FORCE..........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
7 TELEPORT PROGRAM................ 3,900 3,900
16 DEFENSE INFORMATION SYSTEMS 2,000 2,000
NETWORK........................
CLASSIFIED PROGRAMS
17 CLASSIFIED PROGRAMS............. 32,482 32,482
AVIATION PROGRAMS
41 MC-12........................... 5,000 5,000
43 UNMANNED ISR.................... 11,880 11,880
46 U-28............................ 38,283 38,283
AMMUNITION PROGRAMS
57 ORDNANCE ITEMS <$5M............. 52,504 52,504
OTHER PROCUREMENT PROGRAMS
58 INTELLIGENCE SYSTEMS............ 22,000 22,000
60 OTHER ITEMS <$5M................ 11,580 11,580
62 SPECIAL PROGRAMS................ 13,549 13,549
63 TACTICAL VEHICLES............... 3,200 3,200
69 OPERATIONAL ENHANCEMENTS........ 42,056 42,056
TOTAL PROCUREMENT, DEFENSE-WIDE. 238,434 238,434
TOTAL PROCUREMENT............... 9,514,408 9,504,055
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
(a) Research, Development, Test, and Evaluation.--
------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
Program FY 2017 Senate
Line Element Item Request Authorized
------------------------------------------------------------------------
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
.............. BASIC RESEARCH
1 0601101A IN-HOUSE 12,381 12,381
LABORATORY
INDEPENDENT
RESEARCH.
2 0601102A DEFENSE 253,116 253,116
RESEARCH
SCIENCES.
3 0601103A UNIVERSITY 69,166 69,166
RESEARCH
INITIATIVES.
4 0601104A UNIVERSITY AND 94,280 94,280
INDUSTRY
RESEARCH
CENTERS.
.............. SUBTOTAL BASIC 428,943 428,943
RESEARCH.
..............
.............. APPLIED
RESEARCH
5 0602105A MATERIALS 31,533 37,033
TECHNOLOGY.
.............. Ground [5,500]
vehicle
coating
system.
6 0602120A SENSORS AND 36,109 38,109
ELECTRONIC
SURVIVABILITY.
.............. Program [2,000]
increase.
7 0602122A TRACTOR HIP.... 6,995 6,995
8 0602211A AVIATION 65,914 65,914
TECHNOLOGY.
9 0602270A ELECTRONIC 25,466 25,466
WARFARE
TECHNOLOGY.
10 0602303A MISSILE 44,313 44,313
TECHNOLOGY.
11 0602307A ADVANCED 28,803 28,803
WEAPONS
TECHNOLOGY.
12 0602308A ADVANCED 27,688 27,688
CONCEPTS AND
SIMULATION.
13 0602601A COMBAT VEHICLE 67,959 67,959
AND AUTOMOTIVE
TECHNOLOGY.
14 0602618A BALLISTICS 85,436 85,436
TECHNOLOGY.
15 0602622A CHEMICAL, SMOKE 3,923 3,923
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
16 0602623A JOINT SERVICE 5,545 5,545
SMALL ARMS
PROGRAM.
17 0602624A WEAPONS AND 53,581 53,581
MUNITIONS
TECHNOLOGY.
18 0602705A ELECTRONICS AND 56,322 56,322
ELECTRONIC
DEVICES.
19 0602709A NIGHT VISION 36,079 36,079
TECHNOLOGY.
20 0602712A COUNTERMINE 26,497 26,497
SYSTEMS.
21 0602716A HUMAN FACTORS 23,671 23,671
ENGINEERING
TECHNOLOGY.
22 0602720A ENVIRONMENTAL 22,151 22,151
QUALITY
TECHNOLOGY.
23 0602782A COMMAND, 37,803 37,803
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
24 0602783A COMPUTER AND 13,811 13,811
SOFTWARE
TECHNOLOGY.
25 0602784A MILITARY 67,416 67,416
ENGINEERING
TECHNOLOGY.
26 0602785A MANPOWER/ 26,045 21,045
PERSONNEL/
TRAINING
TECHNOLOGY.
.............. Decrease [-5,000]
for social
science
research.
27 0602786A WARFIGHTER 37,403 37,403
TECHNOLOGY.
28 0602787A MEDICAL 77,111 77,111
TECHNOLOGY.
.............. SUBTOTAL 907,574 910,074
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
29 0603001A WARFIGHTER 38,831 38,831
ADVANCED
TECHNOLOGY.
30 0603002A MEDICAL 68,365 68,365
ADVANCED
TECHNOLOGY.
31 0603003A AVIATION 94,280 94,280
ADVANCED
TECHNOLOGY.
32 0603004A WEAPONS AND 68,714 68,714
MUNITIONS
ADVANCED
TECHNOLOGY.
33 0603005A COMBAT VEHICLE 122,132 172,132
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
.............. Emerging [50,000]
requirement.
34 0603006A SPACE 3,904 3,904
APPLICATION
ADVANCED
TECHNOLOGY.
35 0603007A MANPOWER, 14,417 14,417
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
37 0603009A TRACTOR HIKE... 8,074 8,074
38 0603015A NEXT GENERATION 18,969 18,969
TRAINING &
SIMULATION
SYSTEMS.
39 0603020A TRACTOR ROSE... 11,910 11,910
40 0603125A COMBATING 27,686 27,686
TERRORISM--TEC
HNOLOGY
DEVELOPMENT.
41 0603130A TRACTOR NAIL... 2,340 2,340
42 0603131A TRACTOR EGGS... 2,470 2,470
43 0603270A ELECTRONIC 27,893 22,893
WARFARE
TECHNOLOGY.
.............. General [-5,000]
decrease.
44 0603313A MISSILE AND 52,190 52,190
ROCKET
ADVANCED
TECHNOLOGY.
45 0603322A TRACTOR CAGE... 11,107 11,107
46 0603461A HIGH 177,190 177,190
PERFORMANCE
COMPUTING
MODERNIZATION
PROGRAM.
47 0603606A LANDMINE 17,451 17,451
WARFARE AND
BARRIER
ADVANCED
TECHNOLOGY.
48 0603607A JOINT SERVICE 5,839 5,839
SMALL ARMS
PROGRAM.
49 0603710A NIGHT VISION 44,468 44,468
ADVANCED
TECHNOLOGY.
50 0603728A ENVIRONMENTAL 11,137 11,137
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
51 0603734A MILITARY 20,684 20,684
ENGINEERING
ADVANCED
TECHNOLOGY.
52 0603772A ADVANCED 44,239 39,239
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
.............. General [-5,000]
program
decrease.
53 0603794A C3 ADVANCED 35,775 35,775
TECHNOLOGY.
.............. SUBTOTAL 930,065 970,065
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
54 0603305A ARMY MISSLE 9,433 9,433
DEFENSE
SYSTEMS
INTEGRATION.
55 0603308A ARMY SPACE 23,056 23,056
SYSTEMS
INTEGRATION.
56 0603619A LANDMINE 72,117 72,117
WARFARE AND
BARRIER--ADV
DEV.
57 0603627A SMOKE, 28,244 28,244
OBSCURANT AND
TARGET
DEFEATING SYS-
ADV DEV.
58 0603639A TANK AND MEDIUM 40,096 40,096
CALIBER
AMMUNITION.
59 0603747A SOLDIER SUPPORT 10,506 10,506
AND
SURVIVABILITY.
60 0603766A TACTICAL 15,730 15,730
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV
DEV.
61 0603774A NIGHT VISION 10,321 10,321
SYSTEMS
ADVANCED
DEVELOPMENT.
62 0603779A ENVIRONMENTAL 7,785 7,785
QUALITY
TECHNOLOGY--DE
M/VAL.
63 0603790A NATO RESEARCH 2,300 2,300
AND
DEVELOPMENT.
64 0603801A AVIATION--ADV 10,014 10,014
DEV.
65 0603804A LOGISTICS AND 20,834 20,834
ENGINEER
EQUIPMENT--ADV
DEV.
66 0603807A MEDICAL 33,503 33,503
SYSTEMS--ADV
DEV.
67 0603827A SOLDIER 31,120 40,520
SYSTEMS--ADVAN
CED
DEVELOPMENT.
.............. Accelerate [9,400]
small arms
improvement.
68 0604100A ANALYSIS OF 6,608 6,608
ALTERNATIVES.
69 0604114A LOWER TIER AIR 35,132 35,132
MISSILE
DEFENSE
(LTAMD) SENSOR.
70 0604115A TECHNOLOGY 70,047 70,047
MATURATION
INITIATIVES.
71 0604120A ASSURED 83,279 83,279
POSITIONING,
NAVIGATION AND
TIMING (PNT).
73 0305251A CYBERSPACE 40,510 40,510
OPERATIONS
FORCES AND
FORCE SUPPORT.
.............. SUBTOTAL 550,635 560,035
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
74 0604201A AIRCRAFT 83,248 83,248
AVIONICS.
75 0604270A ELECTRONIC 34,642 34,642
WARFARE
DEVELOPMENT.
77 0604290A MID-TIER 12,172 12,172
NETWORKING
VEHICULAR
RADIO (MNVR).
78 0604321A ALL SOURCE 3,958 3,958
ANALYSIS
SYSTEM.
79 0604328A TRACTOR CAGE... 12,525 12,525
80 0604601A INFANTRY 66,943 66,943
SUPPORT
WEAPONS.
82 0604611A JAVELIN........ 20,011 20,011
83 0604622A FAMILY OF HEAVY 11,429 11,429
TACTICAL
VEHICLES.
84 0604633A AIR TRAFFIC 3,421 3,421
CONTROL.
85 0604641A TACTICAL 39,282 39,282
UNMANNED
GROUND VEHICLE
(TUGV).
86 0604642A LIGHT TACTICAL 494 494
WHEELED
VEHICLES.
87 0604645A ARMORED SYSTEMS 9,678 9,678
MODERNIZATION
(ASM)--ENG DEV.
88 0604710A NIGHT VISION 84,519 84,519
SYSTEMS--ENG
DEV.
89 0604713A COMBAT FEEDING, 2,054 2,054
CLOTHING, AND
EQUIPMENT.
90 0604715A NON-SYSTEM 30,774 30,774
TRAINING
DEVICES--ENG
DEV.
91 0604741A AIR DEFENSE 53,332 53,332
COMMAND,
CONTROL AND
INTELLIGENCE--
ENG DEV.
92 0604742A CONSTRUCTIVE 17,887 17,887
SIMULATION
SYSTEMS
DEVELOPMENT.
93 0604746A AUTOMATIC TEST 8,813 8,813
EQUIPMENT
DEVELOPMENT.
94 0604760A DISTRIBUTIVE 10,487 10,487
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
95 0604780A COMBINED ARMS 15,068 15,068
TACTICAL
TRAINER (CATT)
CORE.
96 0604798A BRIGADE 89,716 89,716
ANALYSIS,
INTEGRATION
AND EVALUATION.
97 0604802A WEAPONS AND 80,365 80,365
MUNITIONS--ENG
DEV.
98 0604804A LOGISTICS AND 75,098 75,098
ENGINEER
EQUIPMENT--ENG
DEV.
99 0604805A COMMAND, 4,245 4,245
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
100 0604807A MEDICAL 41,124 41,124
MATERIEL/
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
101 0604808A LANDMINE 39,630 39,630
WARFARE/
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 12,393 12,393
SYSTEMS--WARRI
OR DEM/VAL.
107 0604854A ARTILLERY 1,756 1,756
SYSTEMS--EMD.
108 0605013A INFORMATION 74,236 74,236
TECHNOLOGY
DEVELOPMENT.
109 0605018A INTEGRATED 155,584 135,584
PERSONNEL AND
PAY SYSTEM-
ARMY (IPPS-A).
.............. Unjustified [-20,000]
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--EXPEDI
TIONARY (GBOSS-
E).
116 0605034A TACTICAL 2,904 2,904
SECURITY
SYSTEM (TSS).
117 0605035A COMMON INFRARED 96,977 96,977
COUNTERMEASURE
S (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 18,824 18,824
NETWORK RADIO
SYSTEMS (LOW-
TIER).
121 0605047A CONTRACT 20,663 0
WRITING SYSTEM.
.............. Unjustified [-20,663]
request.
122 0605051A AIRCRAFT 41,133 54,133
SURVIVABILITY
DEVELOPMENT.
.............. ASE [13,000]
unfunded
requirement.
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 SYSTEM 2,265,094 2,237,431
DEVELOPMENT &
DEMONSTRATION.
..............
.............. RDT&E
MANAGEMENT
SUPPORT
137 0604256A THREAT 25,675 25,675
SIMULATOR
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
EXPERIMENTATIO
N PROGRAM.
144 0605601A ARMY TEST 293,748 293,748
RANGES AND
FACILITIES.
145 0605602A ARMY TECHNICAL 52,404 52,404
TEST
INSTRUMENTATIO
N 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 21,677 21,677
SYSTEMS
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 35,823
INFORMATION
ACTIVITIES.
.............. Program [2,500]
increase
Geospatial.
156 0605805A MUNITIONS 40,545 40,545
STANDARDIZATIO
N,
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 2,000 2,000
MILITARY
DECEPTION
INITIATIVE.
.............. SUBTOTAL RDT&E 1,136,134 1,138,634
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 126,105 126,105
TURBINE 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 4,482
PROJECT--COCOM
EXERCISE.
.............. Change in [-41,000]
program
requirement.
178 0203728A JOINT AUTOMATED 30,455 30,455
DEEP OPERATION
COORDINATION
SYSTEM
(JADOCS).
179 0203735A COMBAT VEHICLE 316,857 328,857
IMPROVEMENT
PROGRAMS.
.............. APS [12,000]
unfunded
requirement.
180 0203740A MANEUVER 4,031 4,031
CONTROL 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 2,023
SUPPORT SYSTEM.
.............. GCSS [-25,200]
unjustified
request.
197 0303142A SATCOM GROUND 18,815 18,815
ENVIRONMENT
(SPACE).
198 0303150A WWMCCS/GLOBAL 4,718 4,718
COMMAND AND
CONTROL SYSTEM.
202 0305204A TACTICAL 8,218 8,218
UNMANNED
AERIAL
VEHICLES.
203 0305206A AIRBORNE 11,799 11,799
RECONNAISSANCE
SYSTEMS.
204 0305208A DISTRIBUTED 32,284 284
COMMON GROUND/
SURFACE
SYSTEMS.
.............. Change in [-32,000]
tactical
requirement
s.
205 0305219A MQ-1C GRAY 13,470 13,470
EAGLE 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.
220 9999999999 CLASSIFIED 4,625 4,625
PROGRAMS.
.............. SUBTOTAL 1,296,954 1,210,754
OPERATIONAL
SYSTEMS
DEVELOPMENT.
..............
.............. TOTAL RESEARCH, 7,515,399 7,455,936
DEVELOPMENT,
TEST & EVAL,
ARMY.
..............
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
.............. BASIC RESEARCH
1 0601103N UNIVERSITY 101,714 101,714
RESEARCH
INITIATIVES.
2 0601152N IN-HOUSE 18,508 18,508
LABORATORY
INDEPENDENT
RESEARCH.
3 0601153N DEFENSE 422,748 422,748
RESEARCH
SCIENCES.
.............. SUBTOTAL BASIC 542,970 542,970
RESEARCH.
..............
.............. APPLIED
RESEARCH
4 0602114N POWER 41,371 41,371
PROJECTION
APPLIED
RESEARCH.
5 0602123N FORCE 158,745 158,745
PROTECTION
APPLIED
RESEARCH.
6 0602131M MARINE CORPS 51,590 51,590
LANDING FORCE
TECHNOLOGY.
7 0602235N COMMON PICTURE 41,185 41,185
APPLIED
RESEARCH.
8 0602236N WARFIGHTER 45,467 45,467
SUSTAINMENT
APPLIED
RESEARCH.
9 0602271N ELECTROMAGNETIC 118,941 118,941
SYSTEMS
APPLIED
RESEARCH.
10 0602435N OCEAN 42,618 42,618
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
11 0602651M JOINT NON- 6,327 6,327
LETHAL WEAPONS
APPLIED
RESEARCH.
12 0602747N UNDERSEA 126,313 136,313
WARFARE
APPLIED
RESEARCH.
.............. Program [10,000]
increase.
13 0602750N FUTURE NAVAL 165,103 165,103
CAPABILITIES
APPLIED
RESEARCH.
14 0602782N MINE AND 33,916 33,916
EXPEDITIONARY
WARFARE
APPLIED
RESEARCH.
15 0602898N SCIENCE AND 29,575 29,575
TECHNOLOGY
MANAGEMENT--ON
R HEADQUARTERS.
.............. SUBTOTAL 861,151 871,151
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
16 0603114N POWER 96,406 81,406
PROJECTION
ADVANCED
TECHNOLOGY.
.............. General [-15,000]
decrease.
17 0603123N FORCE 48,438 48,438
PROTECTION
ADVANCED
TECHNOLOGY.
18 0603271N ELECTROMAGNETIC 26,421 26,421
SYSTEMS
ADVANCED
TECHNOLOGY.
19 0603640M USMC ADVANCED 140,416 140,416
TECHNOLOGY
DEMONSTRATION
(ATD).
20 0603651M JOINT NON- 13,117 13,117
LETHAL WEAPONS
TECHNOLOGY
DEVELOPMENT.
21 0603673N FUTURE NAVAL 249,092 239,092
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
.............. Capable [-10,000]
manpower,
and power
and energy.
22 0603680N MANUFACTURING 56,712 56,712
TECHNOLOGY
PROGRAM.
23 0603729N WARFIGHTER 4,789 4,789
PROTECTION
ADVANCED
TECHNOLOGY.
24 0603747N UNDERSEA 25,880 25,880
WARFARE
ADVANCED
TECHNOLOGY.
25 0603758N NAVY 60,550 60,550
WARFIGHTING
EXPERIMENTS
AND
DEMONSTRATIONS.
26 0603782N MINE AND 15,167 15,167
EXPEDITIONARY
WARFARE
ADVANCED
TECHNOLOGY.
.............. SUBTOTAL 736,988 711,988
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
27 0603207N AIR/OCEAN 48,536 48,536
TACTICAL
APPLICATIONS.
28 0603216N AVIATION 5,239 5,239
SURVIVABILITY.
30 0603251N AIRCRAFT 1,519 1,519
SYSTEMS.
31 0603254N ASW SYSTEMS 7,041 7,041
DEVELOPMENT.
32 0603261N TACTICAL 3,274 3,274
AIRBORNE
RECONNAISSANCE.
33 0603382N ADVANCED COMBAT 57,034 57,034
SYSTEMS
TECHNOLOGY.
34 0603502N SURFACE AND 165,775 164,275
SHALLOW WATER
MINE
COUNTERMEASURE
S.
.............. Excess [-1,500]
prior year
funds.
35 0603506N SURFACE SHIP 87,066 87,066
TORPEDO
DEFENSE.
36 0603512N CARRIER SYSTEMS 7,605 7,605
DEVELOPMENT.
37 0603525N PILOT FISH..... 132,068 132,068
38 0603527N RETRACT LARCH.. 14,546 14,546
39 0603536N RETRACT JUNIPER 115,435 115,435
40 0603542N RADIOLOGICAL 702 702
CONTROL.
41 0603553N SURFACE ASW.... 1,081 1,081
42 0603561N ADVANCED 100,565 100,565
SUBMARINE
SYSTEM
DEVELOPMENT.
43 0603562N SUBMARINE 8,782 8,782
TACTICAL
WARFARE
SYSTEMS.
44 0603563N SHIP CONCEPT 14,590 14,590
ADVANCED
DESIGN.
45 0603564N SHIP 15,805 15,805
PRELIMINARY
DESIGN &
FEASIBILITY
STUDIES.
46 0603570N ADVANCED 453,313 453,313
NUCLEAR POWER
SYSTEMS.
47 0603573N ADVANCED 36,655 36,655
SURFACE
MACHINERY
SYSTEMS.
48 0603576N CHALK EAGLE.... 367,016 367,016
49 0603581N LITTORAL COMBAT 51,630 51,630
SHIP (LCS).
50 0603582N COMBAT SYSTEM 23,530 23,530
INTEGRATION.
51 0603595N OHIO 700,811 700,811
REPLACEMENT.
52 0603596N LCS MISSION 160,058 129,158
MODULES.
.............. Available [-30,900]
prior year
funding.
54 0603599N FRIGATE 84,900 84,900
DEVELOPMENT.
55 0603609N CONVENTIONAL 8,342 8,342
MUNITIONS.
56 0603611M MARINE CORPS 158,682 158,682
ASSAULT
VEHICLES.
57 0603635M MARINE CORPS 1,303 1,303
GROUND COMBAT/
SUPPORT SYSTEM.
58 0603654N JOINT SERVICE 46,911 46,911
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
60 0603713N OCEAN 4,556 4,556
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
61 0603721N ENVIRONMENTAL 20,343 20,343
PROTECTION.
62 0603724N NAVY ENERGY 52,479 52,479
PROGRAM.
63 0603725N FACILITIES 5,458 5,458
IMPROVEMENT.
64 0603734N CHALK CORAL.... 245,860 245,860
65 0603739N NAVY LOGISTIC 3,089 3,089
PRODUCTIVITY.
66 0603746N RETRACT MAPLE.. 323,526 323,526
67 0603748N LINK PLUMERIA.. 318,497 318,497
68 0603751N RETRACT ELM.... 52,834 52,834
69 0603764N LINK EVERGREEN. 48,116 48,116
70 0603787N SPECIAL 13,619 13,619
PROCESSES.
71 0603790N NATO RESEARCH 9,867 9,867
AND
DEVELOPMENT.
72 0603795N LAND ATTACK 6,015 6,015
TECHNOLOGY.
73 0603851M JOINT NON- 27,904 27,904
LETHAL WEAPONS
TESTING.
74 0603860N JOINT PRECISION 104,144 104,144
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
75 0603925N DIRECTED ENERGY 32,700 32,700
AND ELECTRIC
WEAPON SYSTEMS.
76 0604112N GERALD R. FORD 70,528 70,528
CLASS NUCLEAR
AIRCRAFT
CARRIER (CVN
78--80).
77 0604122N REMOTE 3,001 3,001
MINEHUNTING
SYSTEM (RMS).
78 0604272N TACTICAL AIR 34,920 34,920
DIRECTIONAL
INFRARED
COUNTERMEASURE
S (TADIRCM).
80 0604292N MH-XX.......... 1,620 1,620
81 0604454N LX (R)......... 6,354 25,354
.............. Needed to [19,000]
maintain
schedule.
82 0604536N ADVANCED 78,589 44,189
UNDERSEA
PROTOTYPING.
.............. Ahead of [-34,400]
need.
84 0604659N PRECISION 9,910 9,910
STRIKE WEAPONS
DEVELOPMENT
PROGRAM.
85 0604707N SPACE AND 23,971 23,971
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
86 0604786N OFFENSIVE ANTI- 252,409 252,409
SURFACE
WARFARE WEAPON
DEVELOPMENT.
87 0605812M JOINT LIGHT 23,197 23,197
TACTICAL
VEHICLE (JLTV)
ENGINEERING
AND
MANUFACTURING
DEVELOPMENT PH.
88 0303354N ASW SYSTEMS 9,110 9,110
DEVELOPMENT--M
IP.
89 0304270N ELECTRONIC 437 437
WARFARE
DEVELOPMENT--M
IP.
.............. SUBTOTAL 4,662,867 4,615,067
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
90 0603208N TRAINING SYSTEM 19,938 19,938
AIRCRAFT.
91 0604212N OTHER HELO 6,268 6,268
DEVELOPMENT.
92 0604214N AV-8B AIRCRAFT-- 33,664 33,664
ENG DEV.
93 0604215N STANDARDS 1,300 1,300
DEVELOPMENT.
94 0604216N MULTI-MISSION 5,275 5,275
HELICOPTER
UPGRADE
DEVELOPMENT.
95 0604218N AIR/OCEAN 3,875 3,875
EQUIPMENT
ENGINEERING.
96 0604221N P-3 1,909 1,909
MODERNIZATION
PROGRAM.
97 0604230N WARFARE SUPPORT 13,237 13,237
SYSTEM.
98 0604231N TACTICAL 36,323 36,323
COMMAND SYSTEM.
99 0604234N ADVANCED 363,792 363,792
HAWKEYE.
100 0604245N H-1 UPGRADES... 27,441 27,441
101 0604261N ACOUSTIC SEARCH 34,525 34,525
SENSORS.
102 0604262N V-22A.......... 174,423 174,423
103 0604264N AIR CREW 13,577 13,577
SYSTEMS
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 52,065
JAMMER (NGJ)
INCREMENT II.
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 120,561 120,561
MISSILE
IMPROVEMENTS.
114 0604373N AIRBORNE MCM... 45,622 45,622
116 0604378N NAVAL 25,750 25,750
INTEGRATED
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
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 65,002
DESIGN/ LIVE
FIRE T&E.
127 0604574N NAVY TACTICAL 3,098 3,098
COMPUTER
RESOURCES.
128 0604580N VIRGINIA 97,920 97,920
PAYLOAD MODULE
(VPM).
129 0604601N MINE 10,490 10,490
DEVELOPMENT.
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 114,475 114,475
DEFENSE
(ENGAGE: HARD
KILL).
136 0604757N SHIP SELF 114,211 114,211
DEFENSE
(ENGAGE: SOFT
KILL/EW).
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 74,227
FIGHTER FOLLOW
ON
DEVELOPMENT--M
ARINE CORPS.
143 0604810N JOINT STRIKE 63,387 63,387
FIGHTER FOLLOW
ON
DEVELOPMENT--N
AVY.
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.... 404,810 404,810
148 0605215N MISSION 33,570 33,570
PLANNING.
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 CARRIER BASED 89,000 89,000
AERIAL
REFUELING
SYSTEM (CBARS).
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 182,220 182,220
MARITIME (MMA)
INCREMENT III.
156 0204202N DDG-1000....... 45,642 45,642
159 0304231N TACTICAL 676 676
COMMAND
SYSTEM--MIP.
160 0304785N TACTICAL 36,747 36,747
CRYPTOLOGIC
SYSTEMS.
161 0305124N SPECIAL 35,002 35,002
APPLICATIONS
PROGRAM.
162 0306250M CYBER 4,942 6,726
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
.............. Full [1,784]
spectrum
cyber
operations
unfunded
requirement.
.............. SUBTOTAL SYSTEM 6,025,655 6,027,439
DEVELOPMENT &
DEMONSTRATION.
..............
.............. MANAGEMENT
SUPPORT
163 0604256N THREAT 16,633 16,633
SIMULATOR
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 46,634 46,634
NAVAL ANALYSES.
169 0605285N NEXT GENERATION 1,200 1,200
FIGHTER.
171 0605804N TECHNICAL 903 903
INFORMATION
SERVICES.
172 0605853N MANAGEMENT, 87,077 76,277
TECHNICAL &
INTERNATIONAL
SUPPORT.
.............. Unjustified [-10,800]
growth.
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 18,160 18,160
TEST AND
EVALUATION
CAPABILITY.
178 0605866N NAVY SPACE AND 9,658 9,658
ELECTRONIC
WARFARE (SEW)
SUPPORT.
179 0605867N SEW 6,500 6,500
SURVEILLANCE/
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 853,736 842,936
MANAGEMENT
SUPPORT.
..............
.............. OPERATIONAL
SYSTEMS
DEVELOPMENT
188 0607658N COOPERATIVE 84,501 84,501
ENGAGEMENT
CAPABILITY
(CEC).
189 0607700N DEPLOYABLE 2,970 2,970
JOINT 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-18 189,125 189,125
SQUADRONS.
196 0204163N FLEET 48,225 48,225
TELECOMMUNICAT
IONS
(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 58,542
SURVEILLANCE
SYSTEM.
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 48,635 48,635
IMPROVEMENT.
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 36,509
AND
INTEROPERABILI
TY.
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).
250 9999999999 CLASSIFIED 1,228,460 1,228,460
PROGRAMS.
.............. SUBTOTAL 3,592,934 3,592,934
OPERATIONAL
SYSTEMS
DEVELOPMENT.
..............
.............. TOTAL RESEARCH, 17,276,301 17,204,485
DEVELOPMENT,
TEST & EVAL,
NAVY.
..............
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
.............. BASIC RESEARCH
1 0601102F DEFENSE 340,812 340,812
RESEARCH
SCIENCES.
2 0601103F UNIVERSITY 145,044 145,044
RESEARCH
INITIATIVES.
3 0601108F HIGH ENERGY 14,168 14,168
LASER RESEARCH
INITIATIVES.
.............. SUBTOTAL BASIC 500,024 500,024
RESEARCH.
..............
.............. APPLIED
RESEARCH
4 0602102F MATERIALS...... 126,152 126,152
5 0602201F AEROSPACE 122,831 122,831
VEHICLE
TECHNOLOGIES.
6 0602202F HUMAN 111,647 111,647
EFFECTIVENESS
APPLIED
RESEARCH.
7 0602203F AEROSPACE 185,671 190,671
PROPULSION.
.............. Program [5,000]
increase.
8 0602204F AEROSPACE 155,174 155,174
SENSORS.
9 0602601F SPACE 117,915 117,915
TECHNOLOGY.
10 0602602F CONVENTIONAL 109,649 109,649
MUNITIONS.
11 0602605F DIRECTED ENERGY 127,163 127,163
TECHNOLOGY.
12 0602788F DOMINANT 161,650 161,650
INFORMATION
SCIENCES AND
METHODS.
13 0602890F HIGH ENERGY 42,300 47,300
LASER RESEARCH.
.............. Joint [5,000]
technology
office.
.............. SUBTOTAL 1,260,152 1,270,152
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
14 0603112F ADVANCED 35,137 35,137
MATERIALS FOR
WEAPON SYSTEMS.
15 0603199F SUSTAINMENT 20,636 20,636
SCIENCE AND
TECHNOLOGY
(S&T).
16 0603203F ADVANCED 40,945 40,945
AEROSPACE
SENSORS.
17 0603211F AEROSPACE 130,950 130,950
TECHNOLOGY DEV/
DEMO.
18 0603216F AEROSPACE 94,594 99,594
PROPULSION AND
POWER
TECHNOLOGY.
.............. Development [5,000]
of
application-
specific
power
circuit.
19 0603270F ELECTRONIC 58,250 53,250
COMBAT
TECHNOLOGY.
.............. General [-5,000]
decrease.
20 0603401F ADVANCED 61,593 61,593
SPACECRAFT
TECHNOLOGY.
21 0603444F MAUI SPACE 11,681 11,681
SURVEILLANCE
SYSTEM (MSSS).
22 0603456F HUMAN 26,492 26,492
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
23 0603601F CONVENTIONAL 102,009 102,009
WEAPONS
TECHNOLOGY.
24 0603605F ADVANCED 39,064 39,064
WEAPONS
TECHNOLOGY.
25 0603680F MANUFACTURING 46,344 46,344
TECHNOLOGY
PROGRAM.
26 0603788F BATTLESPACE 58,110 48,110
KNOWLEDGE
DEVELOPMENT
AND
DEMONSTRATION.
.............. Unjustified [-10,000]
increase.
.............. SUBTOTAL 725,805 715,805
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
27 0603260F INTELLIGENCE 5,598 5,598
ADVANCED
DEVELOPMENT.
28 0603438F SPACE CONTROL 7,534 7,534
TECHNOLOGY.
29 0603742F COMBAT 24,418 24,418
IDENTIFICATION
TECHNOLOGY.
30 0603790F NATO RESEARCH 4,333 4,333
AND
DEVELOPMENT.
32 0603830F SPACE SECURITY 32,399 32,399
AND DEFENSE
PROGRAM.
33 0603851F INTERCONTINENTA 108,663 108,663
L BALLISTIC
MISSILE--DEM/
VAL.
35 0604015F LONG RANGE 1,358,309 1,056,009
STRIKE--BOMBER.
.............. Excess to [-302,300]
contract
award.
36 0604257F ADVANCED 34,818 34,818
TECHNOLOGY AND
SENSORS.
37 0604317F TECHNOLOGY 3,368 3,368
TRANSFER.
38 0604327F HARD AND DEEPLY 74,308 74,308
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
39 0604422F WEATHER SYSTEM 118,953 118,953
FOLLOW-ON.
40 0604425F SPACE SITUATION 9,901 9,901
AWARENESS
SYSTEMS.
41 0604776F DEPLOYMENT & 25,890 25,890
DISTRIBUTION
ENTERPRISE R&D.
42 0604857F OPERATIONALLY 7,921 17,921
RESPONSIVE
SPACE.
.............. Program [10,000]
increase.
43 0604858F TECH TRANSITION 347,304 347,304
PROGRAM.
44 0605230F GROUND BASED 113,919 113,919
STRATEGIC
DETERRENT.
46 0207110F NEXT GENERATION 20,595 20,595
AIR DOMINANCE.
47 0207455F THREE 49,491 49,491
DIMENSIONAL
LONG-RANGE
RADAR (3DELRR).
48 0305164F NAVSTAR GLOBAL 278,147 278,147
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
49 0305236F COMMON DATA 42,338 42,338
LINK EXECUTIVE
AGENT (CDL EA).
50 0306250F CYBER 158,002 158,002
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
51 0306415F ENABLED CYBER 15,842 15,842
ACTIVITIES.
52 0901410F CONTRACTING 5,782 5,782
INFORMATION
TECHNOLOGY
SYSTEM.
.............. SUBTOTAL 2,847,833 2,555,533
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
54 0604270F ELECTRONIC 12,476 12,476
WARFARE
DEVELOPMENT.
55 0604281F TACTICAL DATA 82,380 82,380
NETWORKS
ENTERPRISE.
56 0604287F PHYSICAL 8,458 8,458
SECURITY
EQUIPMENT.
57 0604329F SMALL DIAMETER 54,838 54,838
BOMB (SDB)--
EMD.
58 0604421F COUNTERSPACE 34,394 34,394
SYSTEMS.
59 0604425F SPACE SITUATION 23,945 23,945
AWARENESS
SYSTEMS.
60 0604426F SPACE FENCE.... 168,364 168,364
61 0604429F AIRBORNE 9,187 9,187
ELECTRONIC
ATTACK.
62 0604441F SPACE BASED 181,966 181,966
INFRARED
SYSTEM (SBIRS)
HIGH EMD.
63 0604602F ARMAMENT/ 20,312 20,312
ORDNANCE
DEVELOPMENT.
64 0604604F SUBMUNITIONS... 2,503 2,503
65 0604617F AGILE COMBAT 53,680 53,680
SUPPORT.
66 0604618F JOINT DIRECT 9,901 9,901
ATTACK
MUNITION.
67 0604706F LIFE SUPPORT 7,520 7,520
SYSTEMS.
68 0604735F COMBAT TRAINING 77,409 77,409
RANGES.
69 0604800F F-35--EMD...... 450,467 450,467
70 0604853F EVOLVED 296,572 296,572
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
71 0604932F LONG RANGE 95,604 95,604
STANDOFF
WEAPON.
72 0604933F ICBM FUZE 189,751 189,751
MODERNIZATION.
73 0605030F JOINT TACTICAL 1,131 1,131
NETWORK CENTER
(JTNC).
74 0605213F F-22 70,290 70,290
MODERNIZATION
INCREMENT 3.2B.
75 0605214F GROUND ATTACK 937 937
WEAPONS FUZE
DEVELOPMENT.
76 0605221F KC-46.......... 261,724 121,724
.............. Ahead of [-140,000]
need.
77 0605223F ADVANCED PILOT 12,377 4,477
TRAINING.
.............. Early to [-7,900]
need.
78 0605229F CSAR HH-60 319,331 319,331
RECAPITALIZATI
ON.
80 0605431F ADVANCED EHF 259,131 229,131
MILSATCOM
(SPACE).
.............. Delayed [-30,000]
analysis of
alternative
s.
81 0605432F POLAR MILSATCOM 50,815 50,815
(SPACE).
82 0605433F WIDEBAND GLOBAL 41,632 41,632
SATCOM (SPACE).
83 0605458F AIR & SPACE OPS 28,911 28,911
CENTER 10.2
RDT&E.
84 0605931F B-2 DEFENSIVE 315,615 288,915
MANAGEMENT
SYSTEM.
.............. Unobligated [-26,700]
prior year
funds.
85 0101125F NUCLEAR WEAPONS 137,909 137,909
MODERNIZATION.
86 0207171F F-15 EPAWSS.... 256,669 256,669
87 0207701F FULL COMBAT 12,051 12,051
MISSION
TRAINING.
88 0305176F COMBAT SURVIVOR 29,253 29,253
EVADER LOCATOR.
89 0307581F JSTARS RECAP... 128,019 128,019
90 0401319F PRESIDENTIAL 351,220 351,220
AIRCRAFT
REPLACEMENT
(PAR).
91 0701212F AUTOMATED TEST 19,062 19,062
SYSTEMS.
.............. SUBTOTAL SYSTEM 4,075,804 3,871,204
DEVELOPMENT &
DEMONSTRATION.
..............
.............. MANAGEMENT
SUPPORT
92 0604256F THREAT 21,630 21,630
SIMULATOR
DEVELOPMENT.
93 0604759F MAJOR T&E 66,385 66,385
INVESTMENT.
94 0605101F RAND PROJECT 34,641 34,641
AIR FORCE.
96 0605712F INITIAL 11,529 11,529
OPERATIONAL
TEST &
EVALUATION.
97 0605807F TEST AND 661,417 661,417
EVALUATION
SUPPORT.
98 0605860F ROCKET SYSTEMS 11,198 11,198
LAUNCH PROGRAM
(SPACE).
99 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--T
EST 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 42,960 42,960
MATERIEL
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).
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--USSTRA
TCOM.
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....... 151,373 186,473
.............. Automatic [35,100]
Takeoff and
Landing
Control
System.
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 387,564 387,564
138 0207142F F-35 SQUADRONS. 153,045 153,045
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 649 649
ATTACK SYSTEMS
PROCUREMENT.
146 0207253F COMPASS CALL... 13,723 13,723
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 37,621
OPERATIONS
CENTER (AOC).
150 0207412F CONTROL AND 13,292 13,292
REPORTING
CENTER (CRC).
151 0207417F AIRBORNE 86,644 86,644
WARNING AND
CONTROL SYSTEM
(AWACS).
152 0207418F TACTICAL 2,442 2,442
AIRBORNE
CONTROL
SYSTEMS.
154 0207431F COMBAT AIR 10,911 10,911
INTELLIGENCE
SYSTEM
ACTIVITIES.
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 71,785 71,785
PLANNING
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 4,060 4,060
PLANNING 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--DA
TA 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).
189 0305111F WEATHER SERVICE 19,974 19,974
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
COUNTERINTELLI
GENCE
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 3,841
RECONNAISSANCE
SYSTEMS.
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
COUNTERMEASURE
S (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 3,781
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
.............. Cost [-4,900]
estimating
unjustified
requset.
.............. PBES [-1,900]
unjustified
request.
250 9999999999 CLASSIFIED 13,091,557 13,091,557
PROGRAMS.
.............. SUBTOTAL 17,457,056 17,485,356
OPERATIONAL
SYSTEMS
DEVELOPMENT.
..............
.............. TOTAL RESEARCH, 28,112,251 27,643,651
DEVELOPMENT,
TEST & EVAL,
AF.
..............
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
.............. BASIC RESEARCH
1 0601000BR DTRA BASIC 35,436 35,436
RESEARCH
INITIATIVE.
2 0601101E DEFENSE 362,297 362,297
RESEARCH
SCIENCES.
3 0601110D8Z BASIC RESEARCH 36,654 36,654
INITIATIVES.
4 0601117E BASIC 57,791 57,791
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
5 0601120D8Z NATIONAL 69,345 69,345
DEFENSE
EDUCATION
PROGRAM.
6 0601228D8Z HISTORICALLY 23,572 23,572
BLACK COLLEGES
AND
UNIVERSITIES/
MINORITY
INSTITUTIONS.
7 0601384BP CHEMICAL AND 44,800 44,800
BIOLOGICAL
DEFENSE
PROGRAM.
.............. SUBTOTAL BASIC 629,895 629,895
RESEARCH.
..............
.............. APPLIED
RESEARCH
8 0602000D8Z JOINT MUNITIONS 17,745 17,745
TECHNOLOGY.
9 0602115E BIOMEDICAL 115,213 115,213
TECHNOLOGY.
10 0602230D8Z DEFENSE 30,000 30,000
TECHNOLOGY
INNOVATION.
11 0602234D8Z LINCOLN 48,269 48,269
LABORATORY
RESEARCH
PROGRAM.
12 0602251D8Z APPLIED 42,206 42,206
RESEARCH FOR
THE
ADVANCEMENT OF
S&T PRIORITIES.
13 0602303E INFORMATION & 353,635 353,635
COMMUNICATIONS
TECHNOLOGY.
14 0602383E BIOLOGICAL 21,250 21,250
WARFARE
DEFENSE.
15 0602384BP CHEMICAL AND 188,715 188,715
BIOLOGICAL
DEFENSE
PROGRAM.
16 0602668D8Z CYBER SECURITY 12,183 12,183
RESEARCH.
17 0602702E TACTICAL 313,843 313,843
TECHNOLOGY.
18 0602715E MATERIALS AND 220,456 220,456
BIOLOGICAL
TECHNOLOGY.
19 0602716E ELECTRONICS 221,911 221,911
TECHNOLOGY.
20 0602718BR WEAPONS OF MASS 154,857 154,857
DESTRUCTION
DEFEAT
TECHNOLOGIES.
21 0602751D8Z SOFTWARE 8,420 8,420
ENGINEERING
INSTITUTE
(SEI) APPLIED
RESEARCH.
22 1160401BB SOF TECHNOLOGY 37,820 37,820
DEVELOPMENT.
.............. SUBTOTAL 1,786,523 1,786,523
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
23 0603000D8Z JOINT MUNITIONS 23,902 23,902
ADVANCED
TECHNOLOGY.
25 0603122D8Z COMBATING 73,002 73,002
TERRORISM
TECHNOLOGY
SUPPORT.
26 0603133D8Z FOREIGN 19,343 19,343
COMPARATIVE
TESTING.
27 0603160BR COUNTERPROLIFER 266,444 266,444
ATION
INITIATIVES--P
ROLIFERATION
PREVENTION AND
DEFEAT.
28 0603176C ADVANCED 17,880 17,880
CONCEPTS AND
PERFORMANCE
ASSESSMENT.
30 0603178C WEAPONS 71,843 71,843
TECHNOLOGY.
31 0603179C ADVANCED C4ISR. 3,626 3,626
32 0603180C ADVANCED 23,433 23,433
RESEARCH.
33 0603225D8Z JOINT DOD-DOE 17,256 17,256
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
35 0603274C SPECIAL 83,745 83,745
PROGRAM--MDA
TECHNOLOGY.
36 0603286E ADVANCED 182,327 182,327
AEROSPACE
SYSTEMS.
37 0603287E SPACE PROGRAMS 175,240 175,240
AND TECHNOLOGY.
38 0603288D8Z ANALYTIC 12,048 12,048
ASSESSMENTS.
39 0603289D8Z ADVANCED 57,020 57,020
INNOVATIVE
ANALYSIS AND
CONCEPTS.
41 0603375D8Z TECHNOLOGY 39,923 39,923
INNOVATION.
42 0603384BP CHEMICAL AND 127,941 127,941
BIOLOGICAL
DEFENSE
PROGRAM--ADVAN
CED
DEVELOPMENT.
43 0603527D8Z RETRACT LARCH.. 181,977 181,977
44 0603618D8Z JOINT 22,030 22,030
ELECTRONIC
ADVANCED
TECHNOLOGY.
45 0603648D8Z JOINT 148,184 148,184
CAPABILITY
TECHNOLOGY
DEMONSTRATIONS.
46 0603662D8Z NETWORKED 9,331 9,331
COMMUNICATIONS
CAPABILITIES.
47 0603680D8Z DEFENSE-WIDE 158,398 158,398
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
48 0603680S MANUFACTURING 31,259 31,259
TECHNOLOGY
PROGRAM.
49 0603699D8Z EMERGING 49,895 49,895
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
50 0603712S GENERIC 11,011 11,011
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
52 0603716D8Z STRATEGIC 65,078 65,078
ENVIRONMENTAL
RESEARCH
PROGRAM.
53 0603720S MICROELECTRONIC 97,826 97,826
S TECHNOLOGY
DEVELOPMENT
AND SUPPORT.
54 0603727D8Z JOINT 7,848 7,848
WARFIGHTING
PROGRAM.
55 0603739E ADVANCED 49,807 49,807
ELECTRONICS
TECHNOLOGIES.
56 0603760E COMMAND, 155,081 155,081
CONTROL AND
COMMUNICATIONS
SYSTEMS.
57 0603766E NETWORK-CENTRIC 428,894 428,894
WARFARE
TECHNOLOGY.
58 0603767E SENSOR 241,288 241,288
TECHNOLOGY.
60 0603781D8Z SOFTWARE 14,264 14,264
ENGINEERING
INSTITUTE.
61 0603826D8Z QUICK REACTION 74,943 74,943
SPECIAL
PROJECTS.
63 0603833D8Z ENGINEERING 17,659 17,659
SCIENCE &
TECHNOLOGY.
64 0603941D8Z TEST & 87,135 87,135
EVALUATION
SCIENCE &
TECHNOLOGY.
65 0604055D8Z OPERATIONAL 37,329 41,329
ENERGY
CAPABILITY
IMPROVEMENT.
.............. Competitive [4,000]
technology
investment.
66 0303310D8Z CWMD SYSTEMS... 44,836 44,836
67 1160402BB SOF ADVANCED 61,620 61,620
TECHNOLOGY
DEVELOPMENT.
.............. SUBTOTAL 3,190,666 3,194,666
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES
68 0603161D8Z NUCLEAR AND 28,498 28,498
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT
RDT&E ADC&P.
69 0603600D8Z WALKOFF........ 89,643 89,643
71 0603821D8Z ACQUISITION 2,136 2,136
ENTERPRISE
DATA &
INFORMATION
SERVICES.
72 0603851D8Z ENVIRONMENTAL 52,491 52,491
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
73 0603881C BALLISTIC 206,834 206,834
MISSILE
DEFENSE
TERMINAL
DEFENSE
SEGMENT.
74 0603882C BALLISTIC 862,080 862,080
MISSILE
DEFENSE
MIDCOURSE
DEFENSE
SEGMENT.
75 0603884BP CHEMICAL AND 138,187 138,187
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
76 0603884C BALLISTIC 230,077 230,077
MISSILE
DEFENSE
SENSORS.
77 0603890C BMD ENABLING 401,594 401,594
PROGRAMS.
78 0603891C SPECIAL 321,607 321,607
PROGRAMS--MDA.
79 0603892C AEGIS BMD...... 959,066 959,066
80 0603893C SPACE TRACKING 32,129 32,129
& SURVEILLANCE
SYSTEM.
81 0603895C BALLISTIC 20,690 20,690
MISSILE
DEFENSE SYSTEM
SPACE PROGRAMS.
82 0603896C BALLISTIC 439,617 449,617
MISSILE
DEFENSE
COMMAND AND
CONTROL,
BATTLE
MANAGEMENT AND
COMMUNICATI.
.............. Post [10,000]
Intercept
Assessment
Acceleratio
n.
83 0603898C BALLISTIC 47,776 47,776
MISSILE
DEFENSE JOINT
WARFIGHTER
SUPPORT.
84 0603904C MISSILE DEFENSE 54,750 54,750
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
85 0603906C REGARDING 8,785 8,785
TRENCH.
86 0603907C SEA BASED X- 68,787 68,787
BAND RADAR
(SBX).
87 0603913C ISRAELI 103,835 238,835
COOPERATIVE
PROGRAMS.
.............. Arrow (base [50,000]
program).
.............. Arrow-3.... [25,000]
.............. David's [60,000]
Sling.
88 0603914C BALLISTIC 293,441 293,441
MISSILE
DEFENSE TEST.
89 0603915C BALLISTIC 563,576 563,576
MISSILE
DEFENSE
TARGETS.
90 0603920D8Z HUMANITARIAN 10,007 10,007
DEMINING.
91 0603923D8Z COALITION 10,126 11,126
WARFARE.
.............. Long [1,000]
Endurance
UAS.
92 0604016D8Z DEPARTMENT OF 3,893 8,893
DEFENSE
CORROSION
PROGRAM.
.............. Corrosion [5,000]
prevention.
93 0604115C TECHNOLOGY 90,266 90,266
MATURATION
INITIATIVES.
94 0604132D8Z MISSILE DEFEAT 45,000 45,000
PROJECT.
95 0604250D8Z ADVANCED 844,870 844,870
INNOVATIVE
TECHNOLOGIES.
96 0604342D8Z DEFENSE 0 25,000
TECHNOLOGY
OFFSET.
.............. Directed [25,000]
energy
systems
prototyping.
97 0604400D8Z DEPARTMENT OF 3,320 3,320
DEFENSE (DOD)
UNMANNED
SYSTEM COMMON
DEVELOPMENT.
99 0604682D8Z WARGAMING AND 4,000 4,000
SUPPORT FOR
STRATEGIC
ANALYSIS (SSA).
102 0604826J JOINT C5 23,642 23,642
CAPABILITY
DEVELOPMENT,
INTEGRATION
AND
INTEROPERABILI
TY ASSESSMENTS.
104 0604873C LONG RANGE 162,012 162,012
DISCRIMINATION
RADAR (LRDR).
105 0604874C IMPROVED 274,148 329,148
HOMELAND
DEFENSE
INTERCEPTORS.
.............. GBI Booster [30,000]
Acceleratio
n.
.............. RKV Risk [25,000]
Reduction.
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-3 106,038 106,038
BLOCK IIA CO-
DEVELOPMENT.
111 0604887C BALLISTIC 56,481 56,481
MISSILE
DEFENSE
MIDCOURSE
SEGMENT TEST.
112 0604894C MULTI-OBJECT 71,513 121,513
KILL VEHICLE.
.............. Technology [50,000]
maturation.
114 0303191D8Z JOINT 2,636 2,636
ELECTROMAGNETI
C TECHNOLOGY
(JET) PROGRAM.
115 0305103C CYBER SECURITY 969 969
INITIATIVE.
.............. SUBTOTAL 6,919,519 7,200,519
ADVANCED
COMPONENT
DEVELOPMENT
AND 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)--FINANCI
AL 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.
133 0305304D8Z DOD ENTERPRISE 2,703 2,703
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
.............. SUBTOTAL SYSTEM 628,218 628,218
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 219,199 219,199
AND EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
137 0604942D8Z ASSESSMENTS AND 28,706 128,706
EVALUATIONS.
.............. Classified [100,000]
assessment.
138 0605001E MISSION SUPPORT 69,244 69,244
139 0605100D8Z JOINT MISSION 87,080 87,080
ENVIRONMENT
TEST
CAPABILITY
(JMETC).
140 0605104D8Z TECHNICAL 23,069 23,069
STUDIES,
SUPPORT AND
ANALYSIS.
142 0605126J JOINT 32,759 32,759
INTEGRATED 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 19,541 24,541
TEST AND
EVALUATION.
.............. Program [5,000]
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 916 916
MILITARY
DECEPTION
PROGRAM OFFICE
(DMDPO).
172 0305172K COMBINED 15,336 15,336
ADVANCED
APPLICATIONS.
173 0305193D8Z CYBER 18,523 18,523
INTELLIGENCE.
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).
180 9999999999 CLASSIFIED 56,799 56,799
PROGRAMS.
.............. SUBTOTAL 897,599 1,002,599
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).
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
INTEROPERABILI
TY.
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 159,068 172,068
SYSTEMS
SECURITY
PROGRAM.
.............. Cross [5,000]
Domain
Solutions.
.............. Reduction [-8,000]
to NSA
Information
Systems and
Security
Programs.
.............. Sharkseer.. [16,000]
204 0303150K GLOBAL COMMAND 24,438 24,438
AND CONTROL
SYSTEM.
205 0303153K DEFENSE 13,197 13,197
SPECTRUM
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 657 657
PROGRAM.
215 0305103K CYBER SECURITY 1,553 1,553
INITIATIVE.
220 0305186D8Z POLICY R&D 6,204 6,204
PROGRAMS.
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 2,037 2,037
DEFENSE
TECHNOLOGY
TRANSFER
PROGRAM.
236 0307577D8Z INTELLIGENCE 13,800 13,800
MISSION DATA
(IMD).
238 0708012S PACIFIC 1,754 1,754
DISASTER
CENTERS.
239 0708047S DEFENSE 2,154 2,154
PROPERTY
ACCOUNTABILITY
SYSTEM.
240 0902298J MANAGEMENT HQ-- 826 826
OJCS.
241 1105219BB MQ-9 UAV....... 17,804 29,804
.............. MQ-9 [12,000]
capability
enhancement
s.
244 1160403BB AVIATION 159,143 159,143
SYSTEMS.
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 1,949 1,949
PROGRAMS.
249 1160434BB UNMANNED ISR... 22,117 22,117
250 1160480BB SOF TACTICAL 3,316 3,316
VEHICLES.
251 1160483BB MARITIME 54,577 54,577
SYSTEMS.
252 1160489BB GLOBAL VIDEO 3,841 3,841
SURVEILLANCE
ACTIVITIES.
253 1160490BB OPERATIONAL 11,834 11,834
ENHANCEMENTS
INTELLIGENCE.
254 9999999999 CLASSIFIED 3,270,515 3,270,515
PROGRAMS.
255 0303140K INFORMATION 0 16,300
SYSTEMS
SECURITY
PROGRAM.
.............. Sharkseer [16,300]
email
protection.
.............. SUBTOTAL 4,256,406 4,297,706
OPERATIONAL
SYSTEM
DEVELOPMENT.
..............
.............. TOTAL RESEARCH, 18,308,826 18,740,126
DEVELOPMENT,
TEST & EVAL,
DW.
..............
.............. OPERATIONAL
TEST & EVAL,
DEFENSE
.............. MANAGEMENT
SUPPORT
1 0605118OTE OPERATIONAL 78,047 78,047
TEST AND
EVALUATION.
2 0605131OTE LIVE FIRE TEST 48,316 48,316
AND EVALUATION.
3 0605814OTE OPERATIONAL 52,631 52,631
TEST
ACTIVITIES AND
ANALYSES.
.............. SUBTOTAL 178,994 178,994
MANAGEMENT
SUPPORT.
..............
.............. TOTAL 178,994 178,994
OPERATIONAL
TEST & EVAL,
DEFENSE.
..............
.............. UNDISTRIBUTED
.............. UNDISTRIBUTED
99 999999 UNDISTRIBUTED.. 0 4,000
.............. Cyber pilot [4,000]
program for
installatio
ns.
.............. SUBTOTAL 0 4,000
UNDISTRIBUTED.
..............
.............. TOTAL 0 4,000
UNDISTRIBUTED.
..............
.............. TOTAL RDT&E.... 71,391,771 71,227,192
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
(a) Research, Development, Test, and Evaluation.--
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 Senate
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
55 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 9,375 9,375
.................................. SUBTOTAL ADVANCED COMPONENT 9,375 9,375
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
90 0604715A NON-SYSTEM TRAINING DEVICES--ENG 33 33
DEV.
117 0605035A COMMON INFRARED COUNTERMEASURES 10,900 10,900
(CIRCM).
122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 73,110 73,110
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 84,043 84,043
DEMONSTRATION.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
208 0307665A BIOMETRICS ENABLED INTELLIGENCE... 7,104 7,104
.................................. SUBTOTAL OPERATIONAL SYSTEMS 7,104 7,104
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 100,522 100,522
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
38 0603527N RETRACT LARCH..................... 3,907 3,907
78 0604272N TACTICAL AIR DIRECTIONAL INFRARED 37,990 37,990
COUNTERMEASURES (TADIRCM).
.................................. SUBTOTAL ADVANCED COMPONENT 41,897 41,897
DEVELOPMENT & PROTOTYPES.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
80 9999999999 CLASSIFIED PROGRAMS............... 36,426 36,426
.................................. SUBTOTAL OPERATIONAL SYSTEMS 36,426 36,426
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 78,323 78,323
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
58 0604421F COUNTERSPACE SYSTEMS.............. 425 425
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 425 425
DEMONSTRATION.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
200 0305174F SPACE INNOVATION, INTEGRATION AND 4,715 4,715
RAPID TECHNOLOGY DEVELOPMENT.
220 9999999999 CLASSIFIED PROGRAMS............... 27,765 27,765
.................................. SUBTOTAL OPERATIONAL SYSTEMS 32,480 32,480
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 32,905 32,905
& EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. OPERATIONAL SYSTEM DEVELOPMENT
250 9999999999 CLASSIFIED PROGRAMS............... 162,419 162,419
.................................. SUBTOTAL OPERATIONAL SYSTEM 162,419 162,419
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 162,419 162,419
& EVAL, DW.
..................................
.................................. TOTAL RDT&E....................... 374,169 374,169
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
(a) Operation and Maintenance.--
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 Senate
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS....................................................... 791,450 841,450
Home station training unfunded requirement....................... [50,000]
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 1,428,597
Flying hour program unfunded requirement......................... [68,000]
070 FORCE READINESS OPERATIONS SUPPORT................................... 3,086,443 3,086,443
080 LAND FORCES SYSTEMS READINESS........................................ 439,488 439,488
090 LAND FORCES DEPOT MAINTENANCE........................................ 1,013,452 1,032,852
Depot maintenance unfunded requirement........................... [19,400]
100 BASE OPERATIONS SUPPORT.............................................. 7,816,343 7,816,343
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 2,234,546 2,588,946
FSRM unfunded requirement........................................ [354,400]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 452,105 452,105
130 COMBATANT COMMANDERS CORE OPERATIONS................................. 155,658 155,658
170 COMBATANT COMMANDS DIRECT MISSION SUPPORT............................ 441,143 447,843
SOUTHCOM LIDAR unfunded requirement.............................. [6,700]
SUBTOTAL OPERATING FORCES............................................ 19,822,607 20,321,107
MOBILIZATION
180 STRATEGIC MOBILITY................................................... 336,329 361,329
Army prepositioned stock unfunded requirement.................... [25,000]
190 ARMY PREPOSITIONED STOCKS............................................ 390,848 390,848
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 TRAINING CORPS............................... 482,747 482,747
250 SPECIALIZED SKILL TRAINING........................................... 921,025 921,025
260 FLIGHT TRAINING...................................................... 902,845 939,445
Graduate pilot training unfunded requirement..................... [5,400]
School Air OPTEMPO unfunded requirement.......................... [31,200]
270 PROFESSIONAL DEVELOPMENT EDUCATION................................... 216,583 216,583
280 TRAINING SUPPORT..................................................... 607,534 607,534
290 RECRUITING AND ADVERTISING........................................... 550,599 515,599
Advertising reduction............................................ [-35,000]
300 EXAMINING............................................................ 187,263 187,263
310 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 189,556 189,556
320 CIVILIAN EDUCATION AND TRAINING...................................... 182,835 182,835
330 JUNIOR RESERVE OFFICER TRAINING CORPS................................ 171,167 171,167
SUBTOTAL TRAINING AND RECRUITING..................................... 4,637,361 4,638,961
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION........................................... 230,739 230,739
360 CENTRAL SUPPLY ACTIVITIES............................................ 850,060 850,060
370 LOGISTIC SUPPORT ACTIVITIES.......................................... 778,757 782,757
Corrosion oil assistance unfunded requirement.................... [4,000]
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 1,066,574
Army museum early to need........................................ [-29,500]
440 ARMY CLAIMS ACTIVITIES............................................... 207,800 207,800
450 REAL ESTATE MANAGEMENT............................................... 240,641 240,641
460 FINANCIAL MANAGEMENT AND AUDIT READINESS............................. 250,612 250,612
470 INTERNATIONAL MILITARY HEADQUARTERS.................................. 416,587 416,587
480 MISC. SUPPORT OF OTHER NATIONS....................................... 36,666 36,666
500 CLASSIFIED PROGRAMS.................................................. 1,151,023 1,157,023
SOUTHCOM unfunded requirement.................................... [6,000]
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 8,614,494 8,594,994
UNDISTRIBUTED
901 UNDISTRIBUTED ARMY PRINTING.......................................... 0 -34,300
15% printing reduction........................................... [-34,300]
906 UNDISTRIBUTED DCGS-A................................................. 0 -63,000
DCGS-A undistributed reduction................................... [-63,000]
907 UNDISTRIBUTED FOREIGN CURRENCY....................................... 0 -59,180
Foreign currency gains........................................... [-59,180]
912 UNDISTRIBUTED FUEL................................................... 0 -123,300
Fuel cost savings................................................ [-123,300]
SUBTOTAL UNDISTRIBUTED............................................... 0 -279,780
TOTAL OPERATION & MAINTENANCE, ARMY.................................. 33,809,040 34,034,860
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES............................................. 11,435 11,435
020 ECHELONS ABOVE BRIGADE............................................... 491,772 537,772
Home station training unfunded requirement....................... [20,000]
Lodging in kind unfunded requirement............................. [26,000]
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 SUPPORT................................... 347,459 347,759
Range increase unfunded requirement.............................. [300]
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, RESTORATION & MODERNIZATION.................. 214,955 236,455
FSRM unfunded requirement........................................ [21,500]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 37,620 37,620
SUBTOTAL OPERATING FORCES............................................ 2,606,078 2,673,878
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 ACTIVITIES.................................... 106,253 106,253
TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 2,712,331 2,780,131
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS....................................................... 708,251 778,251
Home station training unfunded requirement....................... [70,000]
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 39,538
Range increase unfunded requirement.............................. [2,400]
060 AVIATION ASSETS...................................................... 887,625 887,625
070 FORCE READINESS OPERATIONS SUPPORT................................... 696,267 696,267
080 LAND FORCES SYSTEMS READINESS........................................ 61,240 61,240
090 LAND FORCES DEPOT MAINTENANCE........................................ 219,948 274,548
Depot maintenance unfunded requirement........................... [42,300]
TWV depot maintenance unfunded requirement....................... [12,300]
100 BASE OPERATIONS SUPPORT.............................................. 1,040,012 1,040,012
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 676,715 708,815
FSRM unfunded requirement........................................ [32,100]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 1,021,144 1,021,144
SUBTOTAL OPERATING FORCES............................................ 6,418,203 6,577,303
ADMIN & SRVWD ACTIVITIES
130 SERVICEWIDE TRANSPORTATION........................................... 6,396 6,396
140 ADMINISTRATION....................................................... 68,528 68,528
150 SERVICEWIDE COMMUNICATIONS........................................... 76,524 76,524
160 MANPOWER MANAGEMENT.................................................. 7,712 7,712
170 OTHER PERSONNEL SUPPORT.............................................. 245,046 249,546
Director of Psychological Health (DPH) Positions................. [9,500]
Program decrease................................................. [-5,000]
180 REAL ESTATE MANAGEMENT............................................... 2,961 2,961
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 407,167 411,667
TOTAL OPERATION & MAINTENANCE, ARNG.................................. 6,825,370 6,988,970
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 4,094,765 4,094,765
020 FLEET AIR TRAINING................................................... 1,722,473 1,722,473
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 52,670 52,670
040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 97,584 97,584
050 AIR SYSTEMS SUPPORT.................................................. 446,733 446,733
060 AIRCRAFT DEPOT MAINTENANCE........................................... 1,007,681 1,041,681
AC Depot maintenance unfunded requirement........................ [34,000]
070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 38,248 38,248
080 AVIATION LOGISTICS................................................... 564,720 586,120
E-6B and F-35 sustainment unfunded requirement................... [16,000]
MV-22 JPBL unfunded requirement.................................. [5,400]
090 MISSION AND OTHER SHIP OPERATIONS.................................... 3,513,083 3,513,083
100 SHIP OPERATIONS SUPPORT & TRAINING................................... 743,765 743,765
110 SHIP DEPOT MAINTENANCE............................................... 5,168,273 5,168,273
120 SHIP DEPOT OPERATIONS SUPPORT........................................ 1,575,578 1,575,578
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 OCEANOGRAPHY............................. 346,703 346,703
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 OPERATIONS................................. 91,019 91,019
220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 74,780 74,780
230 CRUISE MISSILE....................................................... 106,030 106,030
240 FLEET BALLISTIC MISSILE.............................................. 1,233,805 1,233,805
250 IN-SERVICE WEAPONS SYSTEMS SUPPORT................................... 163,025 163,025
260 WEAPONS MAINTENANCE.................................................. 553,269 553,269
270 OTHER WEAPON SYSTEMS SUPPORT......................................... 350,010 350,010
280 ENTERPRISE INFORMATION............................................... 790,685 736,385
Underexecution................................................... [-54,300]
290 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 1,642,742 1,803,642
FSRM unfunded requirement........................................ [160,900]
300 BASE OPERATING SUPPORT............................................... 4,206,136 4,206,136
SUBTOTAL OPERATING FORCES............................................ 31,173,511 31,335,511
MOBILIZATION
310 SHIP PREPOSITIONING AND SURGE........................................ 893,517 893,517
320 READY RESERVE FORCE.................................................. 274,524 274,524
330 AIRCRAFT ACTIVATIONS/INACTIVATIONS................................... 6,727 6,727
340 SHIP ACTIVATIONS/INACTIVATIONS....................................... 288,154 288,154
350 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 95,720 95,720
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 CORPS...................................... 143,445 143,445
410 SPECIALIZED SKILL TRAINING........................................... 699,214 699,214
420 FLIGHT TRAINING...................................................... 5,310 5,310
430 PROFESSIONAL DEVELOPMENT EDUCATION................................... 172,852 172,852
440 TRAINING SUPPORT..................................................... 222,728 222,728
450 RECRUITING AND ADVERTISING........................................... 225,647 225,647
460 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 130,569 130,569
470 CIVILIAN EDUCATION AND TRAINING...................................... 73,730 73,730
480 JUNIOR ROTC.......................................................... 50,400 50,400
SUBTOTAL TRAINING AND RECRUITING..................................... 1,876,229 1,876,229
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION....................................................... 917,453 917,453
500 EXTERNAL RELATIONS................................................... 14,570 14,570
510 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................... 124,070 124,070
520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 369,767 369,767
530 OTHER PERSONNEL SUPPORT.............................................. 285,927 281,927
NHHC unjustified growth.......................................... [-4,000]
540 SERVICEWIDE COMMUNICATIONS........................................... 319,908 319,908
570 SERVICEWIDE TRANSPORTATION........................................... 171,659 171,659
580 ENVIRONMENTAL PROGRAMS............................................... 0 18,000
Environmental program shortfall unfunded requirement............. [18,000]
590 PLANNING, ENGINEERING AND DESIGN..................................... 270,863 270,863
600 ACQUISITION AND PROGRAM MANAGEMENT................................... 1,112,766 1,112,766
610 HULL, MECHANICAL AND ELECTRICAL SUPPORT.............................. 49,078 49,078
620 COMBAT/WEAPONS SYSTEMS............................................... 24,989 24,989
630 SPACE AND ELECTRONIC WARFARE SYSTEMS................................. 72,966 72,966
640 NAVAL INVESTIGATIVE SERVICE.......................................... 595,711 595,711
700 INTERNATIONAL HEADQUARTERS AND AGENCIES.............................. 4,809 4,809
800 CLASSIFIED PROGRAMS.................................................. 517,440 517,440
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 4,851,976 4,865,976
UNDISTRIBUTED
902 UNDISTRIBUTED NAVY PRINTING.......................................... 0 -7,300
15% printing reduction........................................... [-7,300]
908 UNDISTRIBUTED FOREIGN CURRENCY....................................... 0 -14,610
Foreign currency gains........................................... [-14,610]
913 UNDISTRIBUTED FUEL................................................... 0 -238,380
Fuel cost savings................................................ [-238,380]
SUBTOTAL UNDISTRIBUTED............................................... 0 -260,290
TOTAL OPERATION & MAINTENANCE, NAVY.................................. 39,483,581 39,399,291
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................... 674,613 738,313
Enterprise network defense unfunded requirement.................. [5,700]
Exercise program unfunded requirement............................ [58,000]
020 FIELD LOGISTICS...................................................... 947,424 975,524
Combat optics mods unfunded requirement.......................... [13,300]
Critical/ no fail EOD unfunded requirement....................... [600]
Nano/VTOL unfunded requirement................................... [14,200]
030 DEPOT MAINTENANCE.................................................... 206,783 214,583
Depot maintenance unfunded requirement........................... [7,800]
040 MARITIME PREPOSITIONING.............................................. 85,276 85,276
050 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 632,673 711,173
Facility demolition unfunded requirement......................... [39,200]
FSRM unfunded requirement........................................ [39,300]
060 BASE OPERATING SUPPORT............................................... 2,136,626 2,136,626
SUBTOTAL OPERATING FORCES............................................ 4,683,395 4,861,495
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 EDUCATION................................... 45,495 45,495
110 TRAINING SUPPORT..................................................... 369,979 369,979
120 RECRUITING AND ADVERTISING........................................... 165,566 165,566
130 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 35,133 35,133
140 JUNIOR ROTC.......................................................... 23,622 23,622
SUBTOTAL TRAINING AND RECRUITING..................................... 755,981 755,981
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................... 34,534 34,534
160 ADMINISTRATION....................................................... 355,932 355,932
180 ACQUISITION AND PROGRAM MANAGEMENT................................... 76,896 76,896
200 CLASSIFIED PROGRAMS.................................................. 47,520 47,520
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 514,882 514,882
UNDISTRIBUTED
903 UNDISTRIBUTED MARINE CORPS PRINTING.................................. 0 -14,300
15% printing reduction........................................... [-14,300]
909 UNDISTRIBUTED FOREIGN CURRENCY....................................... 0 -2,870
Foreign currency gains........................................... [-2,870]
914 UNDISTRIBUTED FUEL................................................... 0 -24,660
Fuel cost savings................................................ [-24,660]
SUBTOTAL UNDISTRIBUTED............................................... 0 -41,830
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 5,954,258 6,090,528
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 526,190 526,190
020 INTERMEDIATE MAINTENANCE............................................. 6,714 6,714
030 AIRCRAFT DEPOT MAINTENANCE........................................... 86,209 86,209
040 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 389 389
050 AVIATION LOGISTICS................................................... 10,189 10,189
070 SHIP OPERATIONS SUPPORT & TRAINING................................... 560 560
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 MODERNIZATION........................... 27,571 33,371
FSRM unfunded requirement........................................ [5,800]
140 BASE OPERATING SUPPORT............................................... 99,166 99,166
SUBTOTAL OPERATING FORCES............................................ 906,440 912,240
ADMIN & SRVWD ACTIVITIES
150 ADMINISTRATION....................................................... 1,351 1,351
160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 13,251 13,251
170 SERVICEWIDE COMMUNICATIONS........................................... 3,445 3,445
180 ACQUISITION AND PROGRAM MANAGEMENT................................... 3,169 3,169
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 21,216 21,216
TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 927,656 933,456
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES..................................................... 94,154 94,154
020 DEPOT MAINTENANCE.................................................... 18,594 18,594
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 25,470 30,970
FSRM unfunded requirement........................................ [5,500]
040 BASE OPERATING SUPPORT............................................... 111,550 111,550
SUBTOTAL OPERATING FORCES............................................ 249,768 255,268
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 ACTIVITIES.................................... 20,865 20,865
TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 270,633 276,133
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, MAINTAIN SKILLS)....................... 1,730,757 1,730,757
040 DEPOT MAINTENANCE.................................................... 7,042,988 7,193,388
Weapon system sustainment unfunded requirement................... [150,400]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 1,657,019 1,657,019
060 BASE SUPPORT......................................................... 2,787,216 2,787,216
070 GLOBAL C3I AND EARLY WARNING......................................... 887,831 887,831
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 MISSION SUPPORT.......................... 907,245 907,245
130 COMBATANT COMMANDERS CORE OPERATIONS................................. 199,171 199,171
131 CLASSIFIED PROGRAMS.................................................. 930,757 930,757
SUBTOTAL OPERATING FORCES............................................ 22,760,163 22,913,363
MOBILIZATION
140 AIRLIFT OPERATIONS................................................... 1,703,059 1,703,059
150 MOBILIZATION PREPAREDNESS............................................ 138,899 138,899
160 DEPOT MAINTENANCE.................................................... 1,553,439 1,619,839
Weapon system sustainment unfunded requirement................... [66,400]
170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 258,328 258,328
180 BASE SUPPORT......................................................... 722,756 722,756
SUBTOTAL MOBILIZATION................................................ 4,376,481 4,442,881
TRAINING AND RECRUITING
190 OFFICER ACQUISITION.................................................. 120,886 120,886
200 RECRUIT TRAINING..................................................... 23,782 23,782
210 RESERVE OFFICERS TRAINING CORPS (ROTC)............................... 77,692 77,692
220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 236,254 393,954
FSRM unfunded requirement........................................ [157,700]
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 EDUCATION................................... 264,213 264,213
270 TRAINING SUPPORT..................................................... 86,681 86,681
280 DEPOT MAINTENANCE.................................................... 305,004 305,004
290 RECRUITING AND ADVERTISING........................................... 104,754 77,754
Advertising unjustified growth................................... [-27,000]
300 EXAMINING............................................................ 3,944 3,944
310 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 184,841 184,841
320 CIVILIAN EDUCATION AND TRAINING...................................... 173,583 173,583
330 JUNIOR ROTC.......................................................... 58,877 58,877
SUBTOTAL TRAINING AND RECRUITING..................................... 3,573,006 3,703,706
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, RESTORATION & MODERNIZATION.................. 321,013 321,013
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 25,735
450 INTERNATIONAL SUPPORT................................................ 90,573 90,573
460 CLASSIFIED PROGRAMS.................................................. 1,131,603 1,131,603
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 6,808,406 6,808,406
UNDISTRIBUTED
904 UNDISTRIBUTED AIR FORCE PRINTING..................................... 0 -8,900
15% printing reduction........................................... [-8,900]
910 UNDISTRIBUTED FOREIGN CURRENCY....................................... 0 -33,450
Foreign currency gains........................................... [-33,450]
915 UNDISTRIBUTED FUEL................................................... 0 -394,560
Fuel cost savings................................................ [-394,560]
SUBTOTAL UNDISTRIBUTED............................................... 0 -436,910
TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 37,518,056 37,431,446
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 1,707,882 1,707,882
020 MISSION SUPPORT OPERATIONS........................................... 230,016 259,016
Lodging in kind unfunded requirement............................. [29,000]
030 DEPOT MAINTENANCE.................................................... 541,743 541,743
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 113,470 125,170
FSRM unfunded requirement........................................ [11,700]
050 BASE SUPPORT......................................................... 384,832 384,832
SUBTOTAL OPERATING FORCES............................................ 2,977,943 3,018,643
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
060 ADMINISTRATION....................................................... 54,939 54,939
070 RECRUITING AND ADVERTISING........................................... 14,754 14,754
080 MILITARY MANPOWER AND PERS MGMT (ARPC)............................... 12,707 12,707
090 OTHER PERS SUPPORT (DISABILITY COMP)................................. 7,210 7,210
100 AUDIOVISUAL.......................................................... 376 376
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................... 89,986 89,986
TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 3,067,929 3,108,629
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS.................................................. 3,282,238 3,282,238
020 MISSION SUPPORT OPERATIONS........................................... 723,062 723,062
030 DEPOT MAINTENANCE.................................................... 1,824,329 1,867,529
Weapon system sustainment engines unfunded requirement........... [3,200]
Weapon system sustainment unfunded requirement................... [40,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 245,840 259,840
FSRM unfunded requirement........................................ [14,000]
050 BASE SUPPORT......................................................... 575,548 575,548
SUBTOTAL OPERATING FORCES............................................ 6,651,017 6,708,217
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
060 ADMINISTRATION....................................................... 23,715 23,715
070 RECRUITING AND ADVERTISING........................................... 28,846 28,846
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES.................. 52,561 52,561
TOTAL OPERATION & MAINTENANCE, ANG................................... 6,703,578 6,760,778
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF................................................ 506,113 506,113
020 OFFICE OF THE SECRETARY OF DEFENSE................................... 524,439 524,439
030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES.......................... 4,898,159 4,852,859
Unjustified growth in total civilian compensation................ [-45,300]
SUBTOTAL OPERATING FORCES............................................ 5,928,711 5,883,411
TRAINING AND RECRUITING
040 DEFENSE ACQUISITION UNIVERSITY....................................... 138,658 138,658
050 JOINT CHIEFS OF STAFF................................................ 85,701 95,701
Model alternative design of reconnaissance strike group........... [10,000]
070 SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING................... 365,349 365,349
SUBTOTAL TRAINING AND RECRUITING..................................... 589,708 599,708
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 CIVIL MILITARY PROGRAMS.............................................. 160,480 185,480
Starbase......................................................... [25,000]
100 DEFENSE CONTRACT AUDIT AGENCY........................................ 630,925 630,925
110 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 1,356,380 1,356,380
120 DEFENSE HUMAN RESOURCES ACTIVITY..................................... 683,620 683,620
130 DEFENSE INFORMATION SYSTEMS AGENCY................................... 1,439,891 1,439,891
150 DEFENSE LEGAL SERVICES AGENCY........................................ 24,984 24,984
160 DEFENSE LOGISTICS AGENCY............................................. 357,964 352,164
Price Comparability Office unjustified growth.................... [-5,800]
170 DEFENSE MEDIA ACTIVITY............................................... 223,422 223,422
180 DEFENSE PERSONNEL ACCOUNTING AGENCY.................................. 112,681 112,681
190 DEFENSE SECURITY COOPERATION AGENCY.................................. 496,754 81,954
Transfer Combatting Terrorism Fellowship to to Security [-26,800]
Cooperation Enhancement Fund.....................................
Transfer Defense Institute of International Legal Studies to [-2,600]
Security Cooperation Enhancement Fund............................
Transfer Defense Institution Reform Initiative to to Security [-25,600]
Cooperation Enhancement Fund.....................................
Transfer Global Train and Equip to Security Cooperation [-270,200]
Enhancement Fund.................................................
Transfer Ministry of Defense Advisors to to Security Cooperation [-9,200]
Enhancement Fund.................................................
Transfer Regional Centers to Security Cooperation Enhancement [-58,600]
Fund.............................................................
Transfer Wales initaitive Fund/Partnership for Peace to Security [-21,800]
Cooperation Enhancement Fund.....................................
200 DEFENSE SECURITY SERVICE............................................. 538,711 538,711
230 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................... 35,417 35,417
240 DEFENSE THREAT REDUCTION AGENCY...................................... 448,146 448,146
260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 2,671,143 2,701,143
Impact Aid....................................................... [25,000]
Impact Aid severe disabilities................................... [5,000]
270 MISSILE DEFENSE AGENCY............................................... 446,975 446,975
290 OFFICE OF ECONOMIC ADJUSTMENT........................................ 155,399 123,199
Guam public health lab........................................... [-32,200]
300 OFFICE OF THE SECRETARY OF DEFENSE................................... 1,481,643 1,502,643
Cuts for BRAC planning........................................... [-4,000]
DOD rewards early to need........................................ [-5,000]
Secretary of Defense Delivery Unit............................... [30,000]
310 SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE ACTIVITIES............... 89,429 89,429
320 WASHINGTON HEADQUARTERS SERVICES..................................... 629,874 629,874
330 CLASSIFIED PROGRAMS.................................................. 14,069,333 14,054,033
Reduction to NSA Information Systems and Security Program (4GT4). [-27,000]
Sharkseer email protection....................................... [11,700]
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................... 26,053,171 25,661,071
UNDISTRIBUTED
905 UNDISTRIBUTED TO DEFENSE-WIDE........................................ 0 -1,400
15% printing reduction........................................... [-1,400]
911 UNDISTRIBUTED FOREIGN CURRENCY....................................... 0 -10,580
Foreign currency gains........................................... [-10,580]
916 UNDISTRIBUTED FUEL................................................... 0 -41,100
Fuel cost savings................................................ [-41,100]
SUBTOTAL UNDISTRIBUTED............................................... 0 -53,080
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 32,571,590 32,091,110
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR ARMED FORCES, DEF
4GTT US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE.................... 14,194 14,194
SUBTOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF................... 14,194 14,194
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
4GTD OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID........................ 105,125 105,125
SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.............. 105,125 105,125
COOPERATIVE THREAT REDUCTION ACCOUNT
1PL3 FORMER SOVIET UNION (FSU) THREAT REDUCTION........................... 325,604 325,604
SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT........................ 325,604 325,604
ENVIRONMENTAL RESTORATION, ARMY
493 ENVIRONMENTAL RESTORATION, ARMY...................................... 170,167 170,167
SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 170,167 170,167
ENVIRONMENTAL RESTORATION, NAVY
044G ENVIRONMENTAL RESTORATION, NAVY...................................... 281,762 281,762
SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 281,762 281,762
ENVIRONMENTAL RESTORATION, AIR FORCE
042G ENVIRONMENTAL RESTORATION, AIR FORCE................................. 371,521 371,521
SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 371,521 371,521
ENVIRONMENTAL RESTORATION, DEFENSE
045G ENVIRONMENTAL RESTORATION, DEFENSE................................... 9,009 9,009
SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE.......................... 9,009 9,009
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
047G ENVIRONMENTAL RESTORATION FORMERLY USED SITES........................ 197,084 197,084
SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 197,084 197,084
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 1,474,466 1,474,466
UNDISTRIBUTED
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 20,000
Commission on Military, National, and Public Service............. [15,000]
Temporary Duty Assignment Per Diem Rate Waiver................... [5,000]
SUBTOTAL UNDISTRIBUTED............................................... 0 20,000
TOTAL UNDISTRIBUTED.................................................. 0 20,000
TOTAL OPERATION & MAINTENANCE........................................ 171,318,488 171,389,798
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
(a) Operation and Maintenance.--
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Senate
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 723,945 723,945
020 MODULAR SUPPORT BRIGADES...... 5,904 5,904
030 ECHELONS ABOVE BRIGADE........ 38,614 38,614
040 THEATER LEVEL ASSETS.......... 1,651,817 1,651,817
050 LAND FORCES OPERATIONS SUPPORT 835,138 835,138
060 AVIATION ASSETS............... 165,044 165,044
070 FORCE READINESS OPERATIONS 1,756,378 1,756,378
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 348,174 348,174
090 LAND FORCES DEPOT MAINTENANCE. 350,000 350,000
100 BASE OPERATIONS SUPPORT....... 40,000 40,000
140 ADDITIONAL ACTIVITIES......... 5,990,878 5,990,878
150 COMMANDERS EMERGENCY RESPONSE 5,000 5,000
PROGRAM......................
160 RESET......................... 1,092,542 1,092,542
170 COMBATANT COMMANDS DIRECT 79,568 79,568
MISSION SUPPORT..............
SUBTOTAL OPERATING FORCES..... 13,083,002 13,083,002
MOBILIZATION
190 ARMY PREPOSITIONED STOCKS..... 350,200 350,200
SUBTOTAL MOBILIZATION......... 350,200 350,200
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
320 CIVILIAN EDUCATION AND 1,254 1,254
TRAINING.....................
SUBTOTAL TRAINING AND 16,274 16,274
RECRUITING...................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.... 740,400 740,400
380 AMMUNITION MANAGEMENT......... 13,974 13,974
420 OTHER PERSONNEL SUPPORT....... 105,508 105,508
450 REAL ESTATE MANAGEMENT........ 165,678 165,678
460 CLASSIFIED PROGRAMS........... 835,551 835,551
SUBTOTAL ADMIN & SRVWIDE 1,861,111 1,861,111
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 15,310,587 15,310,587
ARMY.........................
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 708 708
020 ECHELONS ABOVE BRIGADE........ 14,822 14,822
030 THEATER LEVEL ASSETS.......... 375 375
040 LAND FORCES OPERATIONS SUPPORT 2,088 2,088
050 AVIATION ASSETS............... 608 608
060 FORCE READINESS OPERATIONS 5,425 5,425
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 14,653 14,653
SUBTOTAL OPERATING FORCES..... 38,679 38,679
TOTAL OPERATION & MAINTENANCE, 38,679 38,679
ARMY RES.....................
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 16,149 16,149
020 MODULAR SUPPORT BRIGADES...... 748 748
030 ECHELONS ABOVE BRIGADE........ 34,707 34,707
040 THEATER LEVEL ASSETS.......... 10,472 10,472
060 AVIATION ASSETS............... 32,804 32,804
070 FORCE READINESS OPERATIONS 12,435 12,435
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 18,800 18,800
120 MANAGEMENT AND OPERATIONAL 920 920
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES..... 127,035 127,035
TOTAL OPERATION & MAINTENANCE, 127,035 127,035
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.. 76,216 76,216
040 TRAINING AND OPERATIONS....... 220,139 220,139
SUBTOTAL MINISTRY OF DEFENSE.. 2,517,958 2,517,958
MINISTRY OF INTERIOR
050 SUSTAINMENT................... 860,441 860,441
060 INFRASTRUCTURE................ 20,837 20,837
070 EQUIPMENT AND TRANSPORTATION.. 8,153 8,153
080 TRAINING AND OPERATIONS....... 41,326 41,326
SUBTOTAL MINISTRY OF INTERIOR. 930,757 930,757
TOTAL AFGHANISTAN SECURITY 3,448,715 3,448,715
FORCES FUND..................
COUNTER ISLAMIC STATE IN IRAQ
AND THE LEVANT FUND
COUNTER ISLAMIC STATE IN IRAQ
AND THE LEVANT FUND
010 COUNTER ISLAMIC STATE IN IRAQ 630,000 1,260,000
AND THE LEVANT FUND..........
Transfer from Coalition [180,000]
Support Fund..............
Transfer from [200,000]
Counterterrorism
Partnership Fund..........
Transfer from Syria Train [250,000]
and Equip.................
SUBTOTAL COUNTER ISLAMIC STATE 630,000 1,260,000
IN IRAQ AND THE LEVANT FUND..
TOTAL COUNTER ISLAMIC STATE IN 630,000 1,260,000
IRAQ AND THE LEVANT FUND.....
SYRIA TRAIN AND EQUIP FUND
SYRIA TRAIN AND EQUIP FUND
010 SYRIA TRAIN AND EQUIP FUND.... 250,000 0
Transfer to Counter [-250,000]
Islamic State in Iraq and
the Levant Fund (former
Iraq Train and Equip).....
SUBTOTAL SYRIA TRAIN AND EQUIP 250,000 0
FUND.........................
TOTAL SYRIA TRAIN AND EQUIP 250,000 0
FUND.........................
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 860,621 860,621
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........ 2,903,431 2,903,431
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......... 568,511 568,511
190 EQUIPMENT MAINTENANCE......... 11,358 11,358
250 IN-SERVICE WEAPONS SYSTEMS 61,000 61,000
SUPPORT......................
260 WEAPONS MAINTENANCE........... 289,045 289,045
270 OTHER WEAPON SYSTEMS SUPPORT.. 8,000 8,000
290 SUSTAINMENT, RESTORATION AND 27,089 27,089
MODERNIZATION................
300 BASE OPERATING SUPPORT........ 219,525 219,525
SUBTOTAL OPERATING FORCES..... 6,420,775 6,420,775
MOBILIZATION
330 AIRCRAFT ACTIVATIONS/ 1,530 1,530
INACTIVATIONS................
350 EXPEDITIONARY HEALTH SERVICES 8,904 8,904
SYSTEMS......................
370 COAST GUARD SUPPORT........... 162,692 162,692
SUBTOTAL MOBILIZATION......... 173,126 173,126
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 5,409 5,409
PERSONNEL MANAGEMENT.........
530 OTHER PERSONNEL SUPPORT....... 1,578 1,578
540 SERVICEWIDE COMMUNICATIONS.... 25,617 25,617
570 SERVICEWIDE TRANSPORTATION.... 126,700 126,700
600 ACQUISITION AND PROGRAM 9,261 9,261
MANAGEMENT...................
640 NAVAL INVESTIGATIVE SERVICE... 1,501 1,501
650 CLASSIFIED PROGRAMS........... 15,780 15,780
SUBTOTAL ADMIN & SRVWD 190,125 190,125
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 6,827,391 6,827,391
NAVY.........................
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 703,489 703,489
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..... 1,135,159 1,135,159
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
160 CLASSIFIED PROGRAMS........... 3,650 3,650
SUBTOTAL ADMIN & SRVWD 77,450 77,450
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 1,244,359 1,244,359
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 & MAINTENANCE, 26,265 26,265
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
TOTAL OPERATION & MAINTENANCE, 3,304 3,304
MC RESERVE...................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,339,461 1,367,461
ERI nuclear readiness..... [28,000]
020 COMBAT ENHANCEMENT FORCES..... 1,096,021 1,096,021
030 AIR OPERATIONS TRAINING (OJT, 152,278 152,278
MAINTAIN SKILLS).............
040 DEPOT MAINTENANCE............. 1,185,506 1,185,506
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. 207,696 207,696
100 LAUNCH FACILITIES............. 869 869
110 SPACE CONTROL SYSTEMS......... 5,008 5,008
120 COMBATANT COMMANDERS DIRECT 100,081 100,081
MISSION SUPPORT..............
130 CLASSIFIED PROGRAMS........... 79,893 79,893
SUBTOTAL OPERATING FORCES..... 5,195,446 5,223,446
MOBILIZATION
140 AIRLIFT OPERATIONS............ 2,774,729 2,774,729
150 MOBILIZATION PREPAREDNESS..... 108,163 108,163
160 DEPOT MAINTENANCE............. 891,102 891,102
180 BASE SUPPORT.................. 3,686 3,686
SUBTOTAL MOBILIZATION......... 3,777,680 3,777,680
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.. 141,883 116,783
Program reduction......... [-25,100]
450 INTERNATIONAL SUPPORT......... 61 61
460 CLASSIFIED PROGRAMS........... 15,323 15,323
SUBTOTAL ADMIN & SRVWD 468,464 443,364
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 9,498,830 9,501,730
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 & MAINTENANCE, 57,586 57,586
AF RESERVE...................
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 & MAINTENANCE, 20,000 20,000
ANG..........................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
030 SPECIAL OPERATIONS COMMAND/ 2,650,651 2,650,651
OPERATING FORCES.............
SUBTOTAL OPERATING FORCES..... 2,650,651 2,650,651
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 47,579 47,579
AGENCY.......................
150 DEFENSE LEGAL SERVICES AGENCY. 111,986 111,986
170 DEFENSE MEDIA ACTIVITY........ 13,317 13,317
190 DEFENSE SECURITY COOPERATION 1,412,000 312,000
AGENCY.......................
Reduction to Coalition [-100,000]
Support Funds.............
Transfer to Counter [-180,000]
Islamic State in Iraq and
the Levant Fund (former
Iraq Train and Equip).....
Transfer to Security [-820,000]
Cooperation Enhancement
Fund......................
260 DEPARTMENT OF DEFENSE 67,000 67,000
EDUCATION ACTIVITY...........
300 OFFICE OF THE SECRETARY OF 31,106 31,106
DEFENSE......................
320 WASHINGTON HEADQUARTERS 3,137 3,137
SERVICES.....................
330 CLASSIFIED PROGRAMS........... 1,618,397 1,618,397
SUBTOTAL ADMINISTRATION AND 3,331,522 2,231,522
SERVICEWIDE ACTIVITIES.......
TOTAL OPERATION AND 5,982,173 4,882,173
MAINTENANCE, DEFENSE-WIDE....
UKRAINE SECURITY ASSISTANCE
INITIATIVE
UKRAINE SECURITY ASSISTANCE
INITIATIVE
888 UKRAINE SECURITY ASSISTANCE 0 350,000
INITIATIVE...................
Ukraine Security [350,000]
Assistance Initiative.....
SUBTOTAL UKRAINE SECURITY 0 350,000
ASSISTANCE INITIATIVE........
TOTAL UKRAINE SECURITY 0 350,000
ASSISTANCE INITIATIVE........
TOTAL OPERATION & MAINTENANCE. 43,464,924 43,097,824
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
(a) Military Personnel.--
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 128,902,332 127,651,442
Defense Officer Personnel [100,000]
Management Act reforms...........
Foreign currency gains........... [-72,940]
Military Personnel underexecution [-880,450]
Non-adoption of Air Force Pilot [-2,500]
Bonus Increase...................
Non-adoption of DOD retirement [-400,000]
reforms..........................
Rural Guard Act.................. [5,000]
SUBTOTAL MILITARY PERSONNEL 128,902,332 127,651,442
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH FUND
CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH FUND 6,366,908 6,366,908
CONTRIBUTIONS........................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 6,366,908 6,366,908
HEALTH FUND CONTRIBUTIONS............
TOTAL MILITARY PERSONNEL.............. 135,269,240 134,018,350
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
(a) Military Personnel.--
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 3,562,258 3,562,258
SUBTOTAL MILITARY PERSONNEL 3,562,258 3,562,258
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH FUND
CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH FUND 0 0
CONTRIBUTIONS........................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 0 0
HEALTH FUND CONTRIBUTIONS............
TOTAL MILITARY PERSONNEL.............. 3,562,258 3,562,258
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
(a) Other Authorizations.--
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
020 ARMY SUPPLY MANAGEMENT......... 56,469 56,469
SUBTOTAL WORKING CAPITAL FUND, 56,469 56,469
ARMY..........................
WORKING CAPITAL FUND, AIR FORCE
020 WORKING CAPITAL FUND........... 63,967 63,967
SUBTOTAL WORKING CAPITAL FUND, 63,967 63,967
AIR FORCE.....................
WORKING CAPITAL FUND, DEFENSE-
WIDE
020 WORKING CAPITAL FUND SUPPORT... 37,132 37,132
SUBTOTAL WORKING CAPITAL FUND, 37,132 37,132
DEFENSE-WIDE..................
WORKING CAPITAL FUND, DECA
010 WORKING CAPITAL FUND SUPPORT... 1,214,045 1,214,045
SUBTOTAL WORKING CAPITAL FUND, 1,214,045 1,214,045
DECA..........................
TOTAL WORKING CAPITAL FUND..... 1,371,613 1,371,613
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION AND MAINTENANCE
1 O&M............................ 147,282 147,282
SUBTOTAL OPERATION AND 147,282 147,282
MAINTENANCE...................
RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION
2 RDT&E.......................... 388,609 388,609
SUBTOTAL RESEARCH, DEVELOPMENT, 388,609 388,609
TEST, AND EVALUATION..........
PROCUREMENT
3 PROC........................... 15,132 15,132
SUBTOTAL 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 ACTIVITIES
010 DEFENSEWIDE ACTIVITIES......... 730,087 471,787
Transfer to Security [-258,300]
Cooperation Enhancement
Fund.......................
SUBTOTAL DRUG INTERDICTION AND 730,087 471,787
COUNTER DRUG ACTIVITIES.......
DRUG DEMAND REDUCTION PROGRAM
020 DRUG INTRDCT & CNTR-DRG ACT, 114,713 114,713
DEF...........................
SUBTOTAL DRUG DEMAND REDUCTION 114,713 114,713
PROGRAM.......................
TOTAL DRUG INTERDICTION & CTR- 844,800 586,500
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE
010 DEFENSEWIDE ACTIVITIES......... 318,882 311,582
Audit FTE unjustified [-7,300]
growth.....................
SUBTOTAL OPERATION AND 318,882 311,582
MAINTENANCE...................
RDT&E
020 DEFENSEWIDE ACTIVITIES......... 3,153 3,153
SUBTOTAL RDT&E................. 3,153 3,153
TOTAL OFFICE OF THE INSPECTOR 322,035 314,735
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 9,240,160 9,240,160
020 PRIVATE SECTOR CARE............ 15,738,759 15,738,759
030 CONSOLIDATED HEALTH SUPPORT.... 2,367,759 2,367,759
040 INFORMATION MANAGEMENT......... 1,743,749 1,743,749
050 MANAGEMENT ACTIVITIES.......... 311,380 311,380
060 EDUCATION AND TRAINING......... 743,231 743,231
070 BASE OPERATIONS/COMMUNICATIONS. 2,086,352 2,086,352
210 UNDISTRIBUTED FOREIGN CURRENCY. 0 -6,470
Foreign currency gains..... [-6,470]
SUBTOTAL OPERATION & 32,231,390 32,224,920
MAINTENANCE...................
RDT&E
080 R&D RESEARCH................... 9,097 9,097
090 R&D EXPLORATRY DEVELOPMENT..... 58,517 58,517
100 R&D ADVANCED DEVELOPMENT....... 221,226 221,226
110 R&D DEMONSTRATION/VALIDATION... 96,602 96,602
120 R&D ENGINEERING DEVELOPMENT.... 364,057 364,057
130 R&D MANAGEMENT AND SUPPORT..... 58,410 58,410
140 R&D CAPABILITIES ENHANCEMENT... 14,998 14,998
SUBTOTAL RDT&E................. 822,907 822,907
PROCUREMENT
150 PROC INITIAL OUTFITTING........ 20,611 20,611
160 PROC REPLACEMENT & 360,727 360,727
MODERNIZATION.................
180 PROC JOINT OPERATIONAL MEDICINE 2,413 2,413
INFORMATION SYSTEM............
200 PROC DOD HEALTHCARE MANAGEMENT 29,468 29,468
SYSTEM MODERNIZATION..........
SUBTOTAL PROCUREMENT........... 413,219 413,219
UNDISTRIBUTED
220 UNDISTRIBUTED DEFENSE HEALTH 0 440,000
PROGRAM.......................
Incorporation of value- [24,500]
based health care into
TRICARE program............
Pilot program on health [20,000]
insurance for reserve
component members..........
Reduction for unauthorized [-38,000]
fertility treatment
benefits...................
Reduction for unjustified [-6,500]
travel expenses............
Reimbursement rates for [40,000]
Comprehensive Autism Care
Demonstration program......
TRICARE reform [400,000]
implementation.............
SUBTOTAL UNDISTRIBUTED......... 0 440,000
TOTAL DEFENSE HEALTH PROGRAM... 33,467,516 33,901,046
SECURITY COOPERATION
ENHANCEMENT FUND (SCEF)
SECURITY COOPERATION
ENHANCEMENT FUND (SCEF)
99 SECURITY COOPERATION 0 673,100
ENHANCEMENT FUND (SCEF).......
Transfer from Drug [258,300]
Interdiction and Counter-
Drug Activities............
Transfer of Combatting [26,800]
Terrorism Fellowship
Program....................
Transfer of Defense [2,600]
Institute of International
Legal Studies..............
Transfer of Defense [25,600]
Institution Reform
Initiative.................
Transfer of Global Train [270,200]
and Equip Program..........
Transfer of Ministry of [9,200]
Defense Advisors...........
Transfer of Regional [58,600]
Centers....................
Transfer of Wales [21,800]
Initaitive Fund/Partnership
for Peace..................
SUBTOTAL SECURITY COOPERATION 0 673,100
ENHANCEMENT FUND (SCEF).......
TOTAL SECURITY COOPERATION 0 673,100
ENHANCEMENT FUND (SCEF).......
TOTAL OTHER AUTHORIZATIONS..... 36,556,987 37,398,017
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
(a) Other Authorizations.--
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
020 ARMY SUPPLY MANAGEMENT......... 46,833 46,833
SUBTOTAL WORKING CAPITAL FUND, 46,833 46,833
ARMY..........................
DLA WORKING CAPITAL FUNDS
030 DLA WORKING CAPITAL FUNDS...... 93,800 93,800
SUBTOTAL DLA WORKING CAPITAL 93,800 93,800
FUNDS.........................
TOTAL WORKING CAPITAL FUND..... 140,633 140,633
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER
DRUG ACTIVITIES
010 DEFENSEWIDE ACTIVITIES......... 215,333 215,333
SUBTOTAL DRUG INTERDICTION AND 215,333 215,333
COUNTER DRUG ACTIVITIES.......
TOTAL DRUG INTERDICTION & CTR- 215,333 215,333
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE
010 OPERATION AND MAINTENANCE...... 22,062 22,062
SUBTOTAL OPERATION AND 22,062 22,062
MAINTENANCE...................
TOTAL OFFICE OF THE INSPECTOR 22,062 22,062
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 95,366 95,366
020 PRIVATE SECTOR CARE............ 233,073 233,073
030 CONSOLIDATED HEALTH SUPPORT.... 3,325 3,325
SUBTOTAL OPERATION & 331,764 331,764
MAINTENANCE...................
TOTAL DEFENSE HEALTH PROGRAM... 331,764 331,764
COUNTERTERRORISM PARTNERSHIPS
FUND
COUNTERTERRORISM PARTNERSHIPS
FUND
090 COUNTERTERRORISM PARTNERSHIPS 1,000,000 0
FUND..........................
Ahead of need.............. [-150,000]
Transfer to Counter Islamic [-200,000]
State in Iraq and the
Levant Fund (former Iraq
Train and Equip)...........
Transfer to Security [-650,000]
Cooperation Enhancement
Fund.......................
SUBTOTAL COUNTERTERRORISM 1,000,000 0
PARTNERSHIPS FUND.............
TOTAL COUNTERTERRORISM 1,000,000 0
PARTNERSHIPS FUND.............
SECURITY COOPERATION
ENHANCEMENT FUND (SCEF)
SECURITY COOPERATION
ENHANCEMENT FUND (SCEF)
99 SECURITY COOPERATION 0 1,470,000
ENHANCEMENT FUND (SCEF).......
Transfer from Coalition [820,000]
Support Fund...............
Transfer from [650,000]
Counterterrorism
Partnership Fund...........
SUBTOTAL SECURITY COOPERATION 0 1,470,000
ENHANCEMENT FUND (SCEF).......
TOTAL SECURITY COOPERATION 0 1,470,000
ENHANCEMENT FUND (SCEF).......
TOTAL OTHER AUTHORIZATIONS..... 1,709,792 2,179,792
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
(a) Military Construction.--
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
MILCON, ARMY
Alaska
MILCON, ARMY Fort Wainwright Unmanned Aerial Vehicle 47,000 47,000
Hangar.
California
MILCON, ARMY Concord Access Control Point...... 12,600 12,600
Colorado
MILCON, ARMY Fort Carson Guard Readiness Center.... 0 16,500
MILCON, ARMY Fort Carson Automated Infantry Platoon 8,100 8,100
Battle Course.
MILCON, ARMY Fort Carson Unmanned Aerial Vehicle 5,000 5,000
Hangar.
Georgia
MILCON, ARMY Fort Gordon Company Operations 0 10,600
Facility.
MILCON, ARMY Fort Gordon CYBER Protection Team Ops 90,000 90,000
Facility.
MILCON, ARMY Fort Stewart Automated Qualification/ 14,800 14,800
Training Range.
Germany
MILCON, ARMY East Camp Grafenwoehr Training Support Center... 22,000 22,000
MILCON, ARMY Garmisch Dining Facility........... 9,600 9,600
MILCON, ARMY Wiesbaden Army Airfield Controlled Humidity 16,500 16,500
Warehouse.
MILCON, ARMY Wiesbaden Army Airfield Hazardous Material Storage 2,700 2,700
Building.
Guantanamo Bay, Cuba
MILCON, ARMY Guantanamo Bay Mass Migration Complex.... 33,000 0
Hawaii
MILCON, ARMY Fort Shafter Command and Control 40,000 40,000
Facility, Incr 2.
Texas
MILCON, ARMY Fort Hood Automated Infantry Platoon 7,600 7,600
Battle Course.
Utah
MILCON, ARMY Camp Williams Live Fire Exercise 7,400 7,400
Shoothouse.
Virginia
MILCON, ARMY Fort Belvoir Secure Admin/Operations 64,000 64,000
Facility, Incr 2.
Worldwide Unspecified
MILCON, ARMY Unspecified Worldwide Prior Year Savings........ 0 -30,000
Locations
MILCON, ARMY Unspecified Worldwide Minor Construction FY17... 25,000 25,000
Locations
MILCON, ARMY Unspecified Worldwide Planning and Design FY17.. 80,159 80,159
Locations
MILCON, ARMY Unspecified Worldwide Host Nation Support FY17.. 18,000 18,000
Locations
.........................
SUBTOTAL MILCON, ARMY 503,459 467,559
.......................
MIL CON, NAVY
Arizona
MIL CON, NAVY Yuma Vmx-22 Maintenance Hangar. 48,355 48,355
California
MIL CON, NAVY Coronado Coastal Campus Entry 13,044 13,044
Control Point.
MIL CON, NAVY Coronado Grace Hopper Data Center 10,353 10,353
Power Upgrades.
MIL CON, NAVY Coronado Coastal Campus Utilities 81,104 81,104
Infrastructure.
MIL CON, NAVY Lemoore F-35C Engine Repair 26,723 26,723
Facility.
MIL CON, NAVY Miramar Communications Complex and 0 34,700
Infrastructure.
MIL CON, NAVY Miramar F-35 Parking Apron........ 0 40,000
MIL CON, NAVY San Diego Energy Security Hospital 6,183 0
Microgrid.
MIL CON, NAVY Seal Beach Missile Magazines......... 21,007 21,007
Florida
MIL CON, NAVY Eglin AFB WMD Field Training 20,489 20,489
Facilities.
Guam
MIL CON, NAVY Joint Region Marianas Power Upgrade--Harmon..... 62,210 62,210
MIL CON, NAVY Joint Region Marianas Hardening of Guam Pol 26,975 26,975
Infrastructure.
Hawaii
MIL CON, NAVY Barking Sands Upgrade Power Plant & 43,384 43,384
Electrical Distrib Sys.
MIL CON, NAVY Kaneohe Bay Regimental Consolidated 72,565 72,565
Comm/Elec Facility.
Japan
MIL CON, NAVY Kadena AB Aircraft Maintenance 26,489 26,489
Complex.
MIL CON, NAVY Sasebo Shore Power (Juliet Pier). 16,420 16,420
Maine
MIL CON, NAVY Kittery Unaccompanied Housing..... 17,773 17,773
MIL CON, NAVY Kittery Utility Improvements for 30,119 30,119
Nuclear Platforms.
Maryland
MIL CON, NAVY Patuxent River Uclass RDT&E Hangar....... 40,576 40,576
Nevada
MIL CON, NAVY Fallon Air Wing Simulator 13,523 13,523
Facility.
North Carolina
MIL CON, NAVY Camp Lejeune, North Range Facilities Safety 18,482 18,482
Carolina Improvements.
MIL CON, NAVY Cherry Point Marine Central Heating Plant 12,515 12,515
Corps Air Station Conversion.
South Carolina
MIL CON, NAVY Beaufort Aircraft Maintenance 83,490 83,490
Hangar.
MIL CON, NAVY Parris Island Recruit Reconditioning 29,882 29,882
Center & Barracks.
Spain
MIL CON, NAVY Rota Communication Station..... 23,607 23,607
Virginia
MIL CON, NAVY Norfolk Chambers Field Magazine 0 27,000
Recap.
Washington
MIL CON, NAVY Bangor Service Pier Electrical 18,939 18,939
Upgrades.
MIL CON, NAVY Bremerton Submarine Refit Maint 21,476 21,476
Support Facility.
MIL CON, NAVY Bremerton Nuclear Repair Facility... 6,704 6,704
MIL CON, NAVY Whidbey Island Triton Mission Control 30,475 30,475
Facility.
MIL CON, NAVY Whidbey Island EA-18G Maintenance Hangar. 45,501 45,501
Worldwide Unspecified
MIL CON, NAVY Unspecified Worldwide Unspecified Minor 29,790 29,790
Locations Construction.
MIL CON, NAVY Unspecified Worldwide Planning and Design....... 88,230 88,230
Locations
MIL CON, NAVY Various Worldwide Triton Forward Operating 41,380 41,380
Locations Base Hangar.
.........................
SUBTOTAL MIL CON, NAVY 1,027,763 1,123,280
.......................
MILCON, AIR FORCE
Alaska
MILCON, AIR FORCE Clear AFS Fire Station.............. 20,000 20,000
MILCON, AIR FORCE Eielson AFB F-35A ADAL Field Training 22,100 22,100
Detachment Fac.
MILCON, AIR FORCE Eielson AFB F-35A Hangar/Propulsion Mx/ 44,900 44,900
Dispatch.
MILCON, AIR FORCE Eielson AFB F-35A Missile Maintenance 12,800 12,800
Facility.
MILCON, AIR FORCE Eielson AFB F-35A Aircraft Weather 79,500 79,500
Shelters (Sqd 1).
MILCON, AIR FORCE Eielson AFB F-35A Earth Covered 11,300 11,300
Magazines.
MILCON, AIR FORCE Eielson AFB F-35A Hangar/Squad Ops/AMU 42,700 42,700
Sq #2.
MILCON, AIR FORCE Eielson AFB F-35A Aircraft Weather 82,300 82,300
Shelter (Sqd 2).
MILCON, AIR FORCE Joint Base Elmendorf- Add/Alter Awacs Alert 29,000 29,000
Richardson Hangar.
Arizona
MILCON, AIR FORCE Luke AFB F-35A Squad Ops/Aircraft 20,000 20,000
Maint Unit #5.
Australia
MILCON, AIR FORCE Darwin APR--Expand Parking Apron. 28,600 28,600
MILCON, AIR FORCE Darwin APR--Aircraft Mx Support 1,800 1,800
Facility.
California
MILCON, AIR FORCE Edwards Air Force Base Flightline Fire Station... 24,000 24,000
Colorado
MILCON, AIR FORCE Buckley Air Force Base Small Arms Range Complex.. 13,500 13,500
Delaware
MILCON, AIR FORCE Dover AFB Aircraft Maintenance 39,000 39,000
Hangar.
Florida
MILCON, AIR FORCE Eglin AFB Flightline Fire Station... 13,600 13,600
MILCON, AIR FORCE Eglin AFB Advanced Munitions 75,000 75,000
Technology Complex.
MILCON, AIR FORCE Patrick AFB Fire/Crash Rescue Station. 13,500 13,500
Georgia
MILCON, AIR FORCE Moody AFB Personnel Recovery 4-Bay 30,900 30,900
Hangar/Helo Mx Unit.
Germany
MILCON, AIR FORCE Ramstein AB 37 AS Squadron Operations/ 13,437 13,437
Aircraft Maint Unit.
MILCON, AIR FORCE Spangdahlem AB Eic--Site Development and 43,465 43,465
Infrastructure.
Guam
MILCON, AIR FORCE Joint Region Marianas APR--Munitions Storage 35,300 35,300
Igloos, PH 2.
MILCON, AIR FORCE Joint Region Marianas Block 40 Maintenance 31,158 31,158
Hangar.
MILCON, AIR FORCE Joint Region Marianas APR--SATCOM C4i Facility.. 14,200 14,200
Japan
MILCON, AIR FORCE Kadena AB APR--Replace Munitions 19,815 19,815
Structures.
MILCON, AIR FORCE Yokota AB Construct Combat Arms 8,243 8,243
Training & Maint Fac.
MILCON, AIR FORCE Yokota AB C-130J Corrosion Control 23,777 23,777
Hangar.
Kansas
MILCON, AIR FORCE McConnell AFB Air Traffic Control Tower. 11,200 11,200
MILCON, AIR FORCE McConnell AFB KC-46A Alter Flight 3,000 3,000
Simulator Bldgs.
MILCON, AIR FORCE McConnell AFB KC-46A ADAL Taxiway Delta. 5,600 5,600
Louisiana
MILCON, AIR FORCE Barksdale AFB Consolidated Communication 21,000 21,000
Facility.
Mariana Islands
MILCON, AIR FORCE Unspecified Location APR--Land Acquisition..... 9,000 9,000
Maryland
MILCON, AIR FORCE Joint Base Andrews Consolidated 0 50,000
Communications Center.
MILCON, AIR FORCE Joint Base Andrews 21 Points Enclosed Firing 13,000 13,000
Range.
MILCON, AIR FORCE Joint Base Andrews Par Relocate Jadoc 3,500 3,500
Satellite Site.
Massachusetts
MILCON, AIR FORCE Hanscom AFB System Management 20,000 20,000
Engineering Facility.
Montana
MILCON, AIR FORCE Malmstrom AFB Missile Maintenance 14,600 14,600
Facility.
Nevada
MILCON, AIR FORCE Nellis AFB F-35A Pol Fill Stand 10,600 10,600
Addition.
New Mexico
MILCON, AIR FORCE Cannon AFB North Fitness Center...... 21,000 21,000
MILCON, AIR FORCE Holloman AFB Hazardous Cargo Pad and 10,600 10,600
Taxiway.
MILCON, AIR FORCE Kirtland AFB Combat Rescue Helicopter 7,300 7,300
(Crh) Simulator.
Ohio
MILCON, AIR FORCE Wright-Patterson AFB Relocated Entry Control 12,600 12,600
Facility 26a.
Oklahoma
MILCON, AIR FORCE Altus AFB KC-46A FTU/Ftc Simulator 11,600 11,600
Facility PH 2.
MILCON, AIR FORCE Tinker AFB E3 Mission and Flight 0 26,000
Simulator.
MILCON, AIR FORCE Tinker AFB KC-46A Depot System 17,000 17,000
Integration Laboratory.
Texas
MILCON, AIR FORCE Joint Base San Antonio BMT Recruit Dormitory 6... 67,300 67,300
Turkey
MILCON, AIR FORCE Incirlik AB Airfield Fire/Crash Rescue 13,449 13,449
Station.
United Arab Emirates
MILCON, AIR FORCE AL Dhafra Large Aircraft Maintenance 35,400 35,400
Hangar.
United Kingdom
MILCON, AIR FORCE RAF Croughton Main Gate Complex......... 16,500 16,500
MILCON, AIR FORCE RAF Croughton JIAC Consolidation--PH 3.. 53,082 53,082
Utah
MILCON, AIR FORCE Hill AFB 649 Muns Stamp/Maint & 12,000 12,000
Inspection Facility.
MILCON, AIR FORCE Hill AFB F-35A Munitions 10,100 10,100
Maintenance Complex.
MILCON, AIR FORCE Hill AFB Composite Aircraft Antenna 7,100 7,100
Calibration Fac.
MILCON, AIR FORCE Hill AFB 649 Muns Precision Guided 8,700 8,700
Missile Mx Facility.
MILCON, AIR FORCE Hill AFB 649 Muns Munitions Storage 6,600 6,600
Magazines.
Virginia
MILCON, AIR FORCE Joint Base Langley- Fuel System Maintenance 14,200 14,200
Eustis Dock.
MILCON, AIR FORCE Joint Base Langley- Air Force Targeting Center 45,000 45,000
Eustis
Washington
MILCON, AIR FORCE Fairchild AFB Pipeline Dorm, Usaf Sere 27,000 27,000
School (150 RM).
Worldwide Unspecified
MILCON, AIR FORCE Unspecified Worldwide Prior Year Savings........ 0 -22,300
Locations
MILCON, AIR FORCE Various Worldwide Planning & Design......... 143,582 143,582
Locations
MILCON, AIR FORCE Various Worldwide Unspecified Minor Military 30,000 30,000
Locations Construction.
Wyoming
MILCON, AIR FORCE F. E. Warren AFB Missile Transfer Facility 5,550 5,550
Bldg 4331.
.........................
SUBTOTAL MILCON, AIR FORCE 1,481,058 1,534,758
.......................
MIL CON, DEF-WIDE
Alaska
MIL CON, DEF-WIDE Clear AFS Long Range Discrim Radar 155,000 155,000
Sys Complex Ph1.
MIL CON, DEF-WIDE Fort Greely Missile Defense Complex 9,560 9,560
Switchgear Facility.
MIL CON, DEF-WIDE Joint Base Elmendorf- Construct Truck Offload 4,900 4,900
Richardson Facility.
Arizona
MIL CON, DEF-WIDE Fort Huachuca JITC Building 52110 4,493 4,493
Renovation.
California
MIL CON, DEF-WIDE Coronado SOF Seal Team Ops Facility 47,290 47,290
MIL CON, DEF-WIDE Coronado SOF Seal Team Ops Facility 47,290 47,290
MIL CON, DEF-WIDE Coronado SOF Special Recon Team One 20,949 20,949
Operations Fac.
MIL CON, DEF-WIDE Coronado SOF Human Performance 15,578 15,578
Training Center.
MIL CON, DEF-WIDE Coronado SOF Training Detachment 44,305 44,305
One Ops Facility.
MIL CON, DEF-WIDE Travis AFB Replace Hydrant Fuel 26,500 26,500
System.
Delaware
MIL CON, DEF-WIDE Dover AFB Welch ES/Dover MS 44,115 44,115
Replacement.
Diego Garcia
MIL CON, DEF-WIDE Diego Garcia Improve Wharf Refueling 30,000 30,000
Capability.
Florida
MIL CON, DEF-WIDE Patrick AFB Replace Fuel Tanks........ 10,100 10,100
Georgia
MIL CON, DEF-WIDE Fort Benning SOF Tactical Unmanned 4,820 4,820
Aerial Vehicle Hangar.
MIL CON, DEF-WIDE Fort Gordon Medical Clinic Replacement 25,000 25,000
Germany
MIL CON, DEF-WIDE Kaiserlautern AB Sembach Elementary/Middle 45,221 45,221
School Replacement.
MIL CON, DEF-WIDE Rhine Ordnance Barracks Medical Center Replacement 58,063 58,063
Incr 6.
Japan
MIL CON, DEF-WIDE Iwakuni Construct Truck Offload & 6,664 6,664
Loading Facilities.
MIL CON, DEF-WIDE Kadena AB Kadena Elementary School 84,918 84,918
Replacement.
MIL CON, DEF-WIDE Kadena AB SOF Simulator Facility (MC- 12,602 12,602
130).
MIL CON, DEF-WIDE Kadena AB SOF Maintenance Hangar.... 42,823 42,823
MIL CON, DEF-WIDE Kadena AB Medical Materiel Warehouse 20,881 20,881
MIL CON, DEF-WIDE Yokota AB Hangar/AMU................ 39,466 39,466
MIL CON, DEF-WIDE Yokota AB Operations and Warehouse 26,710 26,710
Facilities.
MIL CON, DEF-WIDE Yokota AB Simulator Facility........ 6,261 6,261
MIL CON, DEF-WIDE Yokota AB Airfield Apron............ 41,294 41,294
Kwajalein
MIL CON, DEF-WIDE Kwajalein Atoll Replace Fuel Storage Tanks 85,500 85,500
Maine
MIL CON, DEF-WIDE Kittery Medical/Dental Clinic 27,100 27,100
Replacement.
Maryland
MIL CON, DEF-WIDE Bethesda Naval Hospital Medcen Addition/Alteration 50,000 50,000
Incr 1.
MIL CON, DEF-WIDE Fort Meade NSAW Recapitalize Building 195,000 195,000
#2 Incr 2.
MIL CON, DEF-WIDE Fort Meade NSAW Campus Feeders Phase 17,000 17,000
3.
MIL CON, DEF-WIDE Fort Meade Access Control Facility... 21,000 21,000
Missouri
MIL CON, DEF-WIDE ST Louis Land Acquisition-Next NGA 801 801
West (N2w) Campus.
North Carolina
MIL CON, DEF-WIDE Camp Lejeune, North Dental Clinic Replacement. 31,000 31,000
Carolina
MIL CON, DEF-WIDE Fort Bragg SOF Tactical Equipment 23,598 23,598
Maintenance Facility.
MIL CON, DEF-WIDE Fort Bragg SOF Parachute Rigging 21,420 21,420
Facility.
MIL CON, DEF-WIDE Fort Bragg SOF Special Tactics 30,670 30,670
Facility (Ph3).
MIL CON, DEF-WIDE Fort Bragg SOF Combat Medic Training 10,905 10,905
Facility.
South Carolina
MIL CON, DEF-WIDE Joint Base Charleston Construct Hydrant Fuel 17,000 17,000
System.
Texas
MIL CON, DEF-WIDE Red River Army Depot Construct Warehouse & Open 44,700 44,700
Storage.
MIL CON, DEF-WIDE Sheppard AFB Medical/Dental Clinic 91,910 91,910
Replacement.
United Kingdom
MIL CON, DEF-WIDE RAF Croughton Croughton Elem/Middle/High 71,424 71,424
School Replacement.
MIL CON, DEF-WIDE Royal Air Force Construct Hydrant Fuel 13,500 13,500
Lakenheath System.
Virginia
MIL CON, DEF-WIDE Pentagon Pentagon Metro Entrance 12,111 0
Facility.
MIL CON, DEF-WIDE Pentagon Upgrade It Facilities 8,105 8,105
Infrastructure-Rrmc.
Wake Island
MIL CON, DEF-WIDE Wake Island Test Support Facility..... 11,670 11,670
Worldwide Unspecified
MIL CON, DEF-WIDE Unspecified Worldwide Battalion Complex......... 0 64,400
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Prior Year Savings........ 0 -132,200
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
MIL CON, DEF-WIDE Unspecified Worldwide Planning and Design....... 23,585 23,585
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Planning and Design....... 71,647 71,647
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Worldwide Unspecified 2,414 2,414
Locations Minor Construction.
MIL CON, DEF-WIDE Unspecified Worldwide Unspecified Minor 5,994 5,994
Locations Construction.
MIL CON, DEF-WIDE Unspecified Worldwide Energy Conservation 150,000 150,000
Locations Investment Program.
MIL CON, DEF-WIDE Unspecified Worldwide Contingency Construction.. 10,000 10,000
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
MIL CON, DEF-WIDE Unspecified Worldwide Planning and Design....... 13,450 13,450
Locations
MIL CON, DEF-WIDE Unspecified Worldwide ECIP Design............... 10,000 10,000
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Unspecified Minor Milcon.. 3,913 3,913
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Planning and Design....... 24,000 24,000
Locations
MIL CON, DEF-WIDE Unspecified Worldwide Unspecified Minor 8,500 8,500
Locations Construction.
MIL CON, DEF-WIDE Unspecified Worldwide Exercise Related Minor 8,631 8,631
Locations Construction.
MIL CON, DEF-WIDE Unspecified Worldwide Planning and Design....... 3,427 3,427
Locations
MIL CON, DEF-WIDE Various Worldwide Planning and Design....... 27,653 27,653
Locations
MIL CON, DEF-WIDE Various Worldwide Planning & Design......... 27,660 27,660
Locations
.........................
SUBTOTAL MIL CON, DEF-WIDE 2,056,091 1,976,180
.......................
MILCON, ARNG
Hawaii
MILCON, ARNG Hilo Combined Support 31,000 31,000
Maintenance Shop.
Iowa
MILCON, ARNG Davenport National Guard Readiness 23,000 23,000
Center.
Kansas
MILCON, ARNG Fort Leavenworth National Guard Readiness 29,000 29,000
Center.
New Hampshire
MILCON, ARNG Hooksett National Guard Vehicle 11,000 11,000
Maintenance Shop.
MILCON, ARNG Rochester National Guard Vehicle 8,900 8,900
Maintenance Shop.
Oklahoma
MILCON, ARNG Ardmore National Guard Readiness 22,000 22,000
Center.
Pennsylvania
MILCON, ARNG York National Guard Readiness 9,300 9,300
Center.
Rhode Island
MILCON, ARNG East Greenwich National Guard/Reserve 20,000 20,000
Center Building (JFHQ).
Utah
MILCON, ARNG Camp Williams National Guard Readiness 37,000 37,000
Center.
Worldwide Unspecified
MILCON, ARNG Unspecified Worldwide Unspecified Minor 12,001 12,001
Locations Construction.
MILCON, ARNG Unspecified Worldwide Planning and Design....... 8,729 8,729
Locations
Wyoming
MILCON, ARNG Laramie National Guard Readiness 21,000 21,000
Center.
.........................
SUBTOTAL MILCON, ARNG 232,930 232,930
.......................
MILCON, ANG
Connecticut
MILCON, ANG Bradley IAP Construct Small Air 6,300 6,300
Terminal.
Florida
MILCON, ANG Jacksonville IAP Replace Fire Crash/Rescue 9,000 9,000
Station.
Hawaii
MILCON, ANG Joint Base Pearl Harbor- F-22 Composite Repair 11,000 11,000
Hickam Facility.
Iowa
MILCON, ANG Sioux Gateway Airport Construct Consolidated 12,600 12,600
Support Functions.
Minnesota
MILCON, ANG Duluth IAP Load Crew Training/Weapon 7,600 7,600
Shops.
New Hampshire
MILCON, ANG Pease International KC-46A Install Fuselage 1,500 1,500
Trade Port Trainer Bldg 251.
North Carolina
MILCON, ANG Charlotte/Douglas IAP C-17 Corrosion Control/ 29,600 29,600
Fuel Cell Hangar.
MILCON, ANG Charlotte/Douglas IAP C-17 Type Iii Hydrant 21,000 21,000
Refueling System.
South Carolina
MILCON, ANG McEntire ANGS Replace Operations and 8,400 8,400
Training Facility.
Texas
MILCON, ANG Ellington Field Consolidate Crew Readiness 4,500 4,500
Facility.
Vermont
MILCON, ANG Burlington IAP F-35 Beddown 4-Bay Flight 4,500 4,500
Simulator.
Worldwide Unspecified
MILCON, ANG Unspecified Worldwide Unspecified Minor 17,495 17,495
Locations Construction.
MILCON, ANG Various Worldwide Planning and Design....... 10,462 10,462
Locations
.........................
SUBTOTAL MILCON, ANG 143,957 143,957
.......................
MILCON, ARMY R
Arizona
MILCON, ARMY R Phoenix Army Reserve Center....... 0 30,000
California
MILCON, ARMY R Fort Hunter Liggett Emergency Services Center. 21,500 21,500
MILCON, ARMY R Fort Hunter Liggett Transient Training 19,000 19,000
Barracks.
Virginia
MILCON, ARMY R Dublin Organizational Maintenance 6,000 6,000
Shop/AMSA.
Wisconsin
MILCON, ARMY R Fort McCoy AT/Mob Dining Facility.... 11,400 11,400
Worldwide Unspecified
MILCON, ARMY R Unspecified Worldwide Planning and Design....... 7,500 7,500
Locations
MILCON, ARMY R Unspecified Worldwide Unspecified Minor 2,830 2,830
Locations Construction.
.........................
SUBTOTAL MILCON, ARMY R 68,230 98,230
.......................
MIL CON, NAVY RES
Louisiana
MIL CON, NAVY RES New Orleans Joint Reserve Intelligence 11,207 11,207
Center.
New York
MIL CON, NAVY RES Brooklyn Electric Feeder Ductbank.. 1,964 1,964
MIL CON, NAVY RES Syracuse Marine Corps Reserve 13,229 13,229
Center.
Texas
MIL CON, NAVY RES Galveston Reserve Center Annex...... 8,414 8,414
Worldwide Unspecified
MIL CON, NAVY RES Unspecified Worldwide MCNR Planning & Design.... 3,783 3,783
Locations
.........................
SUBTOTAL MIL CON, NAVY RES 38,597 38,597
.......................
MILCON, AF RES
North Carolina
MILCON, AF RES Seymour Johnson AFB KC-46A Two Bay Corrosion/ 90,000 90,000
Fuel Cell Hangar.
MILCON, AF RES Seymour Johnson AFB KC-46A ADAL Bldg for Age/ 5,700 5,700
Fuselage Training.
MILCON, AF RES Seymour Johnson AFB KC-46A ADAL Squadron 2,250 2,250
Operations Facilities.
Pennsylvania
MILCON, AF RES Pittsburgh IAP C-17 Construct Two Bay 54,000 54,000
Corrosion/Fuel Hangar.
MILCON, AF RES Pittsburgh IAP C-17 ADAL Fuel Hydrant 22,800 22,800
System.
MILCON, AF RES Pittsburgh IAP C-17 Const/Overlaytaxiway 8,200 8,200
and Apron.
Worldwide Unspecified
MILCON, AF RES Unspecified Worldwide Planning & Design......... 4,500 4,500
Locations
MILCON, AF RES Unspecified Worldwide Unspecified Minor 1,500 1,500
Locations Construction.
.........................
SUBTOTAL MILCON, AF RES 188,950 188,950
.......................
NATO SEC INV PRGM
Worldwide Unspecified
NATO SEC INV PRGM NATO Security NATO Security Investment 177,932 177,932
Investment Program Program.
NATO SEC INV PRGM Unspecified Worldwide Prior Year Savings........ 0 -30,000
Locations
.........................
SUBTOTAL NATO SEC INV PRGM 177,932 147,932
.......................
TOTAL MILITARY CONSTRUCTION 5,918,967 5,952,373
.......................
FAMILY HOUSING
FAM HSG CON, ARMY
Korea
FAM HSG CON, ARMY Camp Humphreys Family Housing New 143,563 143,563
Construction.
FAM HSG CON, ARMY Camp Walker Family Housing New 54,554 54,554
Construction.
Worldwide Unspecified
FAM HSG CON, ARMY Unspecified Worldwide Planning & Design......... 2,618 2,618
Locations
.........................
SUBTOTAL FAM HSG CON, ARMY 200,735 200,735
.......................
FAM HSG O&M, ARMY
Worldwide Unspecified
FAM HSG O&M, ARMY Unspecified Worldwide Management................ 40,344 40,344
Locations
FAM HSG O&M, ARMY Unspecified Worldwide Services.................. 7,993 7,993
Locations
FAM HSG O&M, ARMY Unspecified Worldwide Furnishings............... 10,178 10,178
Locations
FAM HSG O&M, ARMY Unspecified Worldwide Miscellaneous............. 400 400
Locations
FAM HSG O&M, ARMY Unspecified Worldwide Maintenance............... 60,745 60,745
Locations
FAM HSG O&M, ARMY Unspecified Worldwide Utilities................. 55,428 55,428
Locations
FAM HSG O&M, ARMY Unspecified Worldwide Leasing................... 131,761 131,761
Locations
FAM HSG O&M, ARMY Unspecified Worldwide Housing Privitization 19,146 19,146
Locations Support.
.........................
SUBTOTAL FAM HSG O&M, ARMY 325,995 325,995
.......................
FAM HSG CON, N/MC
Mariana Islands
FAM HSG CON, N/MC Guam Replace Andersen Housing 78,815 78,815
PH I.
Worldwide Unspecified
FAM HSG CON, N/MC Unspecified Worldwide Construction Improvements. 11,047 11,047
Locations
FAM HSG CON, N/MC Unspecified Worldwide Planning & Design......... 4,149 4,149
Locations
.........................
SUBTOTAL FAM HSG CON, N/MC 94,011 94,011
.......................
FAM HSG O&M, N/MC
Worldwide Unspecified
FAM HSG O&M, N/MC Unspecified Worldwide Utilities................. 56,685 56,685
Locations
FAM HSG O&M, N/MC Unspecified Worldwide Furnishings............... 17,457 17,457
Locations
FAM HSG O&M, N/MC Unspecified Worldwide Management................ 51,291 51,291
Locations
FAM HSG O&M, N/MC Unspecified Worldwide Miscellaneous............. 364 364
Locations
FAM HSG O&M, N/MC Unspecified Worldwide Services.................. 12,855 12,855
Locations
FAM HSG O&M, N/MC Unspecified Worldwide Leasing................... 54,689 54,689
Locations
FAM HSG O&M, N/MC Unspecified Worldwide Maintenance............... 81,254 81,254
Locations
FAM HSG O&M, N/MC Unspecified Worldwide Housing Privatization 26,320 26,320
Locations Support.
.........................
SUBTOTAL FAM HSG O&M, N/MC 300,915 300,915
.......................
FAM HSG CON, AF
Worldwide Unspecified
FAM HSG CON, AF Unspecified Worldwide Construction Improvements. 56,984 56,984
Locations
FAM HSG CON, AF Unspecified Worldwide Planning & Design......... 4,368 4,368
Locations
.........................
SUBTOTAL FAM HSG CON, AF 61,352 61,352
.......................
FAM HSG O&M, AF
Worldwide Unspecified
FAM HSG O&M, AF Unspecified Worldwide Housing Privatization 41,809 41,809
Locations Support.
FAM HSG O&M, AF Unspecified Worldwide Utilities................. 37,241 37,241
Locations
FAM HSG O&M, AF Unspecified Worldwide Management................ 42,919 42,919
Locations
FAM HSG O&M, AF Unspecified Worldwide Services.................. 13,026 13,026
Locations
FAM HSG O&M, AF Unspecified Worldwide Furnishings............... 31,690 31,690
Locations
FAM HSG O&M, AF Unspecified Worldwide Miscellaneous............. 1,745 1,745
Locations
FAM HSG O&M, AF Unspecified Worldwide Leasing................... 20,530 20,530
Locations
FAM HSG O&M, AF Unspecified Worldwide Maintenance............... 85,469 85,469
Locations
.........................
SUBTOTAL FAM HSG O&M, AF 274,429 274,429
.......................
FAM HSG O&M, DW
Worldwide Unspecified
FAM HSG O&M, DW Unspecified Worldwide Utilities................. 4,100 4,100
Locations
FAM HSG O&M, DW Unspecified Worldwide Furnishings............... 399 399
Locations
FAM HSG O&M, DW Unspecified Worldwide Utilities................. 367 367
Locations
FAM HSG O&M, DW Unspecified Worldwide Leasing................... 11,044 11,044
Locations
FAM HSG O&M, DW Unspecified Worldwide Maintenance............... 800 800
Locations
FAM HSG O&M, DW Unspecified Worldwide Furnishings............... 500 500
Locations
FAM HSG O&M, DW Unspecified Worldwide Leasing................... 40,984 40,984
Locations
FAM HSG O&M, DW Unspecified Worldwide Furnishings............... 20 20
Locations
FAM HSG O&M, DW Unspecified Worldwide Services.................. 32 32
Locations
FAM HSG O&M, DW Unspecified Worldwide Utilities................. 174 174
Locations
FAM HSG O&M, DW Unspecified Worldwide Maintenance............... 349 349
Locations
FAM HSG O&M, DW Unspecified Worldwide Management................ 388 388
Locations
.........................
SUBTOTAL FAM HSG O&M, DW 59,157 59,157
.......................
FAM HSG IMPROVE FUND
Worldwide Unspecified
FAM HSG IMPROVE FUND Unspecified Worldwide Program Expenses.......... 3,258 3,258
Locations
.........................
SUBTOTAL FAM HSG IMPROVE FUND 3,258 3,258
.......................
TOTAL FAMILY HOUSING 1,319,852 1,319,852
.......................
DEFENSE BASE REALIGNMENT AND CLOSURE
DOD BRAC--ARMY
Worldwide Unspecified
DOD BRAC--ARMY Base Realignment & Base Realignment and 14,499 14,499
Closure, Army Closure.
.........................
SUBTOTAL DOD BRAC--ARMY 14,499 14,499
.......................
DOD BRAC--NAVY
Worldwide Unspecified
DOD BRAC--NAVY Base Realignment & Base Realignment & Closure 110,606 110,606
Closure, Navy
DOD BRAC--NAVY Unspecified Worldwide DON-172: NWS Seal Beach, 4,648 4,648
Locations Concord, CA.
DOD BRAC--NAVY Unspecified Worldwide DON-138: NAS Brunswick, ME 557 557
Locations
DOD BRAC--NAVY Unspecified Worldwide DON-157: MCSA Kansas City, 100 100
Locations MO.
DOD BRAC--NAVY Unspecified Worldwide DON-84: JRB Willow Grove & 3,397 3,397
Locations Cambria Reg AP.
DOD BRAC--NAVY Unspecified Worldwide DON-100: Planing, Design 4,604 4,604
Locations and Management.
DOD BRAC--NAVY Unspecified Worldwide DON-101: Various Locations 10,461 10,461
Locations
.........................
SUBTOTAL DOD BRAC--NAVY 134,373 134,373
.......................
DOD BRAC--AIR FORCE
Worldwide Unspecified
DOD BRAC--AIR FORCE Unspecified Worldwide DoD BRAC Activities--Air 56,365 56,365
Locations Force.
.........................
SUBTOTAL DOD BRAC--AIR FORCE 56,365 56,365
.......................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 205,237 205,237
.......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 7,444,056 7,477,462
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
(a) Military Construction.--
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State or Country and Budget Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
MILCON, ARMY
Worldwide Unspecified
MILCON, ARMY Unspecified Worldwide ERI: Planning and Design.. 18,900 18,900
Locations
.........................
SUBTOTAL MILCON, ARMY 18,900 18,900
.......................
MIL CON, NAVY
Djibouti
MIL CON, NAVY Camp Lemonier OCO: Medical/Dental 37,409 37,409
Facility.
Iceland
MIL CON, NAVY Keflavik ERI: P-8A Hangar Upgrade.. 14,600 14,600
MIL CON, NAVY Keflavik ERI: P-8A Aircraft Rinse 5,000 5,000
Rack.
Worldwide Unspecified
MIL CON, NAVY Unspecified Worldwide Planning and Design....... 1,000 1,000
Locations
MIL CON, NAVY Unspecified Worldwide ERI: Planning and Design.. 1,800 1,800
Locations
.........................
SUBTOTAL MIL CON, NAVY 59,809 59,809
.......................
MILCON, AIR FORCE
Bulgaria
MILCON, AIR FORCE Graf Ignatievo ERI: Fighter Ramp 7,000 7,000
Extension.
MILCON, AIR FORCE Graf Ignatievo ERI: Construct Sq Ops/ 3,800 3,800
Operational Alert Fac.
MILCON, AIR FORCE Graf Ignatievo ERI: Upgrade Munitions 2,600 2,600
Storage Area.
Djibouti
MILCON, AIR FORCE Chabelley Airfield OCO: Construct Chabelley 3,600 3,600
Access Road.
MILCON, AIR FORCE Chabelley Airfield OCO: Construct Parking 6,900 6,900
Apron and Taxiway.
Estonia
MILCON, AIR FORCE Amari Air Base ERI: Construct Bulk Fuel 6,500 6,500
Storage.
Germany
MILCON, AIR FORCE Spangdahlem AB ERI: Upgrade Hardened 2,700 2,700
Aircraft Shelters.
MILCON, AIR FORCE Spangdahlem AB ERI: F/A-22 Upgrade 1,600 1,600
Infrastructure/Comm/Util.
MILCON, AIR FORCE Spangdahlem AB ERI: F/A-22 Low Observable/ 12,000 12,000
Comp Repair Fac.
MILCON, AIR FORCE Spangdahlem AB ERI: Construct High Cap 1,000 1,000
Trim Pad & Hush House.
MILCON, AIR FORCE Spangdahlem AB ERI: Upgrade Munitions 1,400 1,400
Storage Doors.
Lithuania
MILCON, AIR FORCE Siauliai ERI: Munitions Storage.... 3,000 3,000
Poland
MILCON, AIR FORCE Lask AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
MILCON, AIR FORCE Powidz AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
Romania
MILCON, AIR FORCE Campia Turzii ERI: Extend Parking Aprons 6,000 6,000
MILCON, AIR FORCE Campia Turzii ERI: Construct Munitions 3,000 3,000
Storage Area.
MILCON, AIR FORCE Campia Turzii ERI: Construct Two-Bay 6,100 6,100
Hangar.
MILCON, AIR FORCE Campia Turzii ERI: Construct Squadron 3,400 3,400
Operations Facility.
Worldwide Unspecified
MILCON, AIR FORCE Unspecified Worldwide OCO: Planning and Design.. 940 940
Locations
MILCON, AIR FORCE Unspecified Worldwide CTP: Planning and Design.. 9,000 9,000
Locations
.........................
SUBTOTAL MILCON, AIR FORCE 88,740 88,740
.......................
MIL CON, DEF-WIDE
Worldwide Unspecified
MIL CON, DEF-WIDE Unspecified Worldwide ERI: Unspecified Minor 5,000 5,000
Locations Construction.
.........................
SUBTOTAL MIL CON, DEF-WIDE 5,000 5,000
.......................
TOTAL MILITARY CONSTRUCTION 172,449 172,449
.......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 172,449 172,449
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
(a) Department of Energy National Security Programs.--
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2017 Senate
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 151,876 151,876
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 9,243,147 9,235,397
Defense nuclear nonproliferation.. 1,807,916 1,877,916
Naval reactors.................... 1,420,120 1,420,120
Federal salaries and expenses..... 412,817 412,817
Total, National nuclear security 12,884,000 12,946,250
administration.........................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,382,050 5,246,950
Other defense activities.......... 791,552 791,552
Total, Environmental & other defense 6,173,602 6,038,502
activities.............................
Total, Atomic Energy Defense Activities. 19,057,602 18,984,752
Total, Discretionary Funding............ 19,209,478 19,136,628
Nuclear Energy
Idaho sitewide safeguards and security.. 129,303 129,303
Idaho operations and maintenance........ 7,313 7,313
Consent Based Siting.................... 15,260 15,260
Total, Nuclear Energy................... 151,876 151,876
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
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 56,234
Program reduction................. [-12,750]
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 matrials sustainment...... 212,092 212,092
Total, Nuclear material commodities..... 577,837 577,837
Total, Directed stockpile work.......... 3,330,527 3,317,777
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.............................
Advanced simulation and computing..... 663,184 663,184
Stockpile Responsiveness Program...... 0 5,000
Program Increase.................... [5,000]
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 1,859,719
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.. 294,000 294,000
Recapitalization:
Infrastructure and safety........... 554,643 554,643
Capability based investment......... 112,639 112,639
Total, Recapitalization................. 667,282 667,282
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 21,455 21,455
project, 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--04 RLUOB equipment 159,615 159,615
installation.......................
Total, Construction..................... 826,670 826,670
Total, Infrastructure and operations.... 2,721,952 2,721,952
Secure transportation asset
Operations and equipment.............. 179,132 179,132
Program direction..................... 103,600 103,600
Total, Secure transportation asset...... 282,732 282,732
Defense nuclear security
Operations and maintenance............ 657,133 657,133
Construction:
14-D-710 Device assembly facility 13,000 13,000
argus installation project, NV.....
Total, Defense nuclear security......... 670,133 670,133
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 9,235,397
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Defense Nuclear Nonproliferation R&D
Global material security............ 337,108 337,108
Material management and minimization 341,094 341,094
Nonproliferation and arms control... 124,703 124,703
Defense Nuclear Nonproliferation R&D 393,922 393,922
Nonproliferation Construction:
99-D-143 Mixed Oxide (MOX) Fuel 270,000 340,000
Fabrication Facility, SRS........
MOX Fuel Fabrication Facility [70,000]
Construction...................
Total, Nonproliferation construction.... 270,000 340,000
Total, Defense Nuclear Nonproliferation 1,466,827 1,536,827
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 1,877,916
Naval Reactors
Naval reactors operations and 449,682 449,682
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 1,420,120
Federal Salaries And Expenses
Program direction....................... 412,817 412,817
Total, Office Of The Administrator...... 412,817 412,817
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 9,389 9,389
Hanford site:
River corridor and other cleanup 69,755 69,755
operations...........................
Central plateau remediation........... 620,869 620,869
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..................... 716,811 716,811
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...........
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 41,892
Defense Uranium enrichment D&D.......... 155,100 0
Program decrease...................... [-155,100]
Total, Defense Environmental Cleanup.... 5,382,050 5,246,950
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 130,693 130,693
security.............................
Program direction..................... 66,519 66,519
Total, Environment, Health, safety and 197,212 197,212
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
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 116,716 116,716
support................................
Office of hearings and appeals.......... 5,919 5,919
Subtotal, Other defense activities...... 791,552 791,552
Total, Other Defense Activities......... 791,552 791,552
------------------------------------------------------------------------
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Military Justice Act of 2016''.
TITLE LI--GENERAL PROVISIONS
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)--
``(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).''.
(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.
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:
``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.
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.
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 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:
``(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.
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 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, are 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) Detail of Members.--Subsection (d) of such section (article) 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.''.
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. 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. 5186. 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;
``(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.''.
SEC. 5187. 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):
``Sec. 826a. 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.''.
TITLE LVI--PRE-TRIAL PROCEDURE
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. 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. Art. 30a. Proceedings conducted before referral
``(a) In General.--(1) The President shall prescribe regulations
for proceedings conducted before referral of charges and specifications
to court-martial for trial.
``(2) The regulations prescribed under paragraph (1) shall--
``(A) set forth the matters that a military judge may rule
upon in such proceedings;
``(B) include procedures for the review of such rulings;
``(C) include appropriate limitations to ensure that
proceedings under this section extend only to matters that
would be subject to consideration by a military judge in a
general or special court-martial; and
``(D) 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 paragraph (1) 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.
``(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) 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 issues for determination at a preliminary hearing are
limited to 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.
``(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 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 heating 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:
``Sec. 833. Art 33. Disposition guidance
``The President shall direct the Secretary of Defense to issue, in
consultation with the Secretary of Homeland Security, 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.
``(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.
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) by redesignating paragraph (4) as paragraph
(5); and
(B) by striking paragraph (3) and inserting the
following new paragraphs:
``(3) holding the arraignment and receiving the pleas of
the accused;
``(4) conducting a sentencing proceeding and sentencing the
accused; 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), in the second sentence, by
striking ``, or, if none, the court,'';
(2) in subsection (a)(2), in the first sentence, by
striking ``minimum''; 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.
``(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)''.
(e) 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);
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.''.
(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.
``(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--
(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''.
(D) Section 2711(3) of title 18, United States
Code, is amended--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking
``and'' at the end and inserting ``or''; and
(iii) 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--
``(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 or 830a of this title (article 19 or 30a).
``(D) Any commissioned officer detailed as a summary court-
martial.
``(E) 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(i) of this title (article
66(i));
``(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 summary court-martial or 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:
``(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--
(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) Except as provided 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. The sentence determined by the military judge
constitutes the sentence of the court-martial.
``(2) 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 a capital case, if
the accused is convicted of an offense for which the court-martial may
sentence the accused to death--
``(A) the members shall determine whether the sentence for
that offense shall be death, life in prison without eligibility
for parole, or a lesser punishment determined by the military
judge; and
``(B) the military judge shall sentence the accused for
that offense in accordance with the determination of the
members under subparagraph (A).
``(2) In accordance with regulations prescribed by the President,
the military judge may include in any sentence to death or life in
prison without eligibility for parole other lesser punishments
authorized under this chapter.''.
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) the following new section:
``Sec. 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) Acceptance of Plea Agreement.--Subject to subsection (c), the
military judge of a general or special court-martial shall accept a
plea agreement submitted by the parties, except that--
``(1) in the case of an offense with a sentencing parameter
under section 856 of this title (article 56), the military
judge may reject a plea agreement that proposes a sentence that
is outside the sentencing parameter if the military judge
determines that the proposed sentence is plainly unreasonable;
and
``(2) in the case of an offense with no sentencing
parameter under section 856 of this title (article 56), the
military judge may reject a plea agreement that proposes a
sentence if the military judge determines that the proposed
sentence is plainly unreasonable.
``(c) Limitation on Acceptance of Plea Agreements.--The military
judge of a general or special court-martial shall reject a plea
agreement that--
``(1) contains a provision that has not been accepted by
both parties;
``(2) contains a provision that is not understood by the
accused;
``(3) except as provided in subsection (d), 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)); or
``(4) is prohibited by law or by regulation prescribed by
the President.
``(d) 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.
``(e) 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 Court-
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)--
(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. 5261. 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) In general.--Except as provided in section 853a(d) of
this title (article 53a(d)), punishment for any offense
specified in paragraph (2) shall include dismissal or
dishonorable discharge, as applicable.
``(2) Offenses.--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).
``(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;
``(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;
``(D) the sentences available under this chapter;
and
``(E) the applicable sentencing parameters or
sentencing criteria prescribed under this section.
``(2) Application of sentencing parameters in general and
special courts-martial.--
``(A) In general.--Except as provided in
subparagraph (B), in a general or special court-martial
in which the accused is convicted of an offense with a
sentencing parameter under subsection (d), the military
judge shall sentence the accused for that offense
within the applicable parameter.
``(B) Exception.--The military judge may impose a
sentence outside a sentencing parameter upon finding
specific facts that warrant such a sentence. The
military judge shall include in the record a written
statement of the factual basis for any sentence under
this subparagraph.
``(3) Use of sentencing criteria in general and special
courts-martial.--In a general or special court-martial in which
the accused is convicted of an offense with sentencing criteria
under subsection (d), the military judge shall consider the
applicable sentencing criteria in determining the sentence for
that offense.
``(4) Offense based sentencing in general and special
courts-martial.--In announcing the sentence under section 853
of this title (article 53) in a general or special court-
martial, 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.
``(5) Nonapplicability to death penalty.--Sentencing
parameters and sentencing criteria are not applicable to the
issue of whether an offense should be punished by death.
``(6) Sentence of confinement for life without eligibility
for parole.--
``(A) In general.--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) Confinement.--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) Establishment of Sentencing Parameters and Sentencing
Criteria.--
``(1) In general.--The President shall prescribe
regulations establishing sentencing parameters and sentencing
criteria in accordance with this subsection.
``(2) Sentencing parameters.--
``(A) In general.--A sentencing parameter provides
a delineated sentencing range for an offense that is
appropriate for a typical violation of the offense,
taking into consideration--
``(i) the severity of the offense;
``(ii) the guideline or offense category
that would apply to the offense if the offense
were tried in a United States district court;
``(iii) any military-specific sentencing
factors; and
``(iv) the need for the sentencing
parameter to be sufficiently broad to allow for
individualized consideration of the offense and
the accused.
``(B) Elements and scope.--Sentencing parameters
established under paragraph (1)--
``(i) shall include no fewer than seven and
no more than twelve offense categories;
``(ii) other than for offenses identified
under paragraph (5)(B), shall assign each
offense under this chapter to an offense
category;
``(iii) shall delineate the confinement
range for each offense category by setting an
upper confinement limit and a lower confinement
limit; and
``(iv) shall be neutral as to the race,
sex, national origin, creed, sexual
orientation, and socioeconomic status of
offenders.
``(3) Sentencing criteria.--Sentencing criteria are factors
concerning available punishments that may aid the military
judge in determining an appropriate sentence when there is no
applicable sentencing parameter for a specific offense.
``(4) Military sentencing parameters and criteria board.--
``(A) In general.--There is established within the
Department of Defense a board, to be known as the
`Military Sentencing Parameters and Criteria Board' (in
this subsection referred to as `Board').
``(B) Voting members.--The Board shall have five
voting members, as follows:
``(i) The four chief trial judges
designated under section 826(g) of this title
(article 26(g)), except that, if the chief
trial judge of the Coast Guard is not
available, the Judge Advocate General of the
Coast Guard may designate as a voting member a
judge advocate of the Coast Guard with
substantial military justice experience.
``(ii) A trial judge of the Navy,
designated under regulations prescribed by the
President, if the chief trial judges designated
under section 826(g) of this title (article
26(g)) do not include a trial judge of the
Navy.
``(iii) A trial judge of the Marine Corps,
designated under regulations prescribed by the
President, if the chief trial judges designated
under section 826(g) of this title (article
26(g)) do not include a trial judge of the
Marine Corps.
``(C) Nonvoting members.--The Attorney General, the
Chief Judge of the Court of Appeals for the Armed
Forces, the Chairman of the Joint Chiefs of Staff, and
the General Counsel of the Department of Defense shall
each designate one nonvoting member of the Board.
``(D) Chair and vice-chair.--The Secretary of
Defense shall designate one voting member as chair of
the Board and one voting member as vice-chair of the
Board.
``(5) Duties of board.--
``(A) In general.--As directed by the President,
the Board shall submit to the President for approval--
``(i) sentencing parameters for all
offenses under this chapter, other than
offenses that are identified by the Board as
unsuitable for sentencing parameters; and
``(ii) sentencing criteria to be used by
military judges in determining appropriate
sentences for offenses that are identified as
unsuitable for sentencing parameters.
``(B) Offenses unsuitable for sentencing
parameters.--For purposes of this paragraph, an offense
is unsuitable for sentencing parameters if--
``(i) the nature of the offense is
indeterminate and unsuitable for
categorization; and
``(ii) there is no similar criminal offense
under the laws of the United States or the laws
of the District of Columbia.
``(C) Scope of duties.--The Board shall consider
the appropriateness of sentencing parameters for
punitive discharges, fines, reductions, forfeitures,
and other punishments authorized under this chapter.
``(D) Regular review of parameters and criteria.--
The Board shall regularly review, and propose revision
to, in consideration of comments and data coming to its
attention, the sentencing parameters and sentencing
criteria prescribed under subsection (d)(1).
``(E) Assessment of effectiveness.--The Board shall
develop means of measuring the degree to which
applicable sentencing, penal, and correctional
practices are effective with respect to the sentencing
factors and policies set forth in this section.
``(F) Consultation.--In fulfilling its duties and
in exercising its powers, the Board shall consult
authorities on, and individual and institutional
representatives of, various aspects of the military
criminal justice system. The Board shall establish
separate advisory groups consisting of individuals with
current or recent experience in command and in senior
enlisted positions, individuals with experience in the
trial of courts-martial, and such other groups as the
Board deems appropriate.
``(G) Proposals for amendments to rules for courts-
martial.--The Board shall submit to the President
proposed amendments to the rules for courts-martial
with respect to sentencing proceedings and maximum
punishments, together with statements explaining the
basis for the proposed amendments.
``(H) Proposals for amendments to parameters and
criteria.--The Board shall submit to the President
proposed amendments to the sentencing parameters and
sentencing criteria, together with statements
explaining the basis for the proposed amendments.
``(I) Nonbinding guidance.--The Board may issue
nonbinding policy statements to achieve the Board's
purposes and to guide military judges in fashioning
appropriate sentences, including guidance on factors
that may be relevant in determining where in a
sentencing parameter a specification may fall, or
whether a deviation outside of the sentencing range may
be warranted.
``(J) Inapplicability of faca.--The Federal
Advisory Committee Act shall not apply with respect to
the Board or any advisory group established by the
Board.
``(6) Voting requirement.--An affirmative vote of at least
three members is required for any action of the Board under
this subsection.
``(e) Review of Certain Sentences.--
``(1) In general.--The Judge Advocate General concerned may
send a case to the Court of Criminal Appeals for review of the
sentence on the grounds that--
``(A) the sentence violates the law;
``(B) in the case of a sentence for an offense with
a sentencing parameter under this section, the sentence
is a result of an incorrect application of the
parameter; or
``(C) the sentence is plainly unreasonable.
``(2) Timeliness.--A case submitted for review 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 Repeal.--Section 856a of title 10, United States
Code (article 56a of the Uniform Code of Military Justice), is
repealed.
(c) Implementation of Sentencing Parameters and Criteria.--
(1) Regulations.--Not later than four years after the date
of the enactment of this Act, the President shall prescribe the
regulations for sentencing parameters and criteria required by
subsection (d) of section 856 of title 10, United States Code
(article 56 of the Uniform Code of Military Justice), as
amended by subsection (a) of this section.
(2) Interim guidance.--Not later than two years after the
date of the enactment of this Act, the President shall
prescribe interim guidance for use in sentencing at courts-
martial before the implementation of sentencing parameters and
criteria pursuant to the regulations referred to in paragraph
(1). Insofar as the President considers practicable, the
interim guidance shall be consistent with the purposes and
procedures set forth in subsections (c) and (d) of section 856
of title 10, United States Code (article 56 of the Uniform Code
of Military Justice), as so amended, taking into account the
interim nature of the guidance. For purposes of sentencing
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), the interim guidance shall be
treated as sentencing parameters and criteria.
(3) Effective dates.--The President shall prescribe the
effective dates of the regulations referred to in paragraph (1)
and of the interim guidance referred to in paragraph (2).
(d) Prospective Repeal of Sentence Minimums for Certain Offenses.--
Upon the taking effect of the interim guidance prescribed under
subsection (c)(2) for offenses specified in paragraph (2) of subsection
(b) of section 856 of title 10, United States Code (article 56 of the
Uniform Code of Military Justice), as in effect on the day after the
date of the enactment of this Act--
(1) section 856 of title 10, United States Code (article 56
of the Uniform Code of Military Justice), as amended by
subsection (a) of this section, is further amended--
(A) in subsection (a), by striking ``(a) Sentence
Maximums.--''; and
(B) by striking subsection (b); and
(2) section 853a of title 10, United States Code (article
53a of the Uniform Code of Military Justice), as added by
section 5237 of this Act, is amended by striking subsections
(c) and (d) and inserting the following new subsection:
``(c) Limitation on Acceptance of Plea Agreements.--The military
judge shall reject a plea agreement that--
``(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) is prohibited by law or by regulation prescribed by
the President.''.
(e) Applicability of Authority for Review of Certain Sentences.--A
case may be sent to the Court of Criminal Appeals for review of the
sentence in accordance with subsection (e) of section 856 of title 10,
United States Code (article 56 of the Uniform Code of Military
Justice), as amended by subsection (a), only if the sentence is
adjudged on or after the effective date of the interim guidance
prescribed under subsection (c)(2).
SEC. 5262. 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 or she 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.
``(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 or her 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) an appeal is filed with a Court of Criminal
Appeals or the sentence includes death, and review 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--
``(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) Section 857a of title 10, United States Code (article
57a of the Uniform Code of Military Justice), is repealed.
(2) Section 871 of title 10, United States Code, (article
71 of the Uniform Code of Military Justice), is repealed.
(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. 5263. 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 ``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
(B) 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''.
SEC. 5264. REPEAL OF SENTENCE REDUCTION PROVISION WHEN INTERIM GUIDANCE
TAKES EFFECT.
Effective on the effective date of the interim guidance prescribed
by the President pursuant to section 5261(c)(2):
(1) Section 858a of title 10, United States Code (article
58a of the Uniform Code of Military Justice), is repealed.
(2) The table of sections at the beginning of subchapter
VIII of chapter 47 of such title is amended by striking the
item relating to section 858a.
TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
SEC. 5281. 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. 5282. 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 5281 of this Act, the
following new section (article):
``Sec. 860a. 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 section
856(a) of this title (article 56(a)) 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.
``(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 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. 5283. 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 5282 of this Act, the
following new section (article):
``Sec. 860b. 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.
``(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. 5284. 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 5283 of this Act, the
following new section (article):
``Sec. 860c. 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.
``(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. 5285. 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 appeal. 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. 5286. 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 subsection (a)--
(A) in paragraph (1)--
(i) 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
(ii) 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.'';
and
(B) in paragraph (2)--
(i) by striking ``(2)'' and inserting
``(2)(A)''; and
(ii) 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).'';
(2) in subsection (b), by striking ``section 866(c) of this
title (article 66(c))'' and inserting ``section 866 of this
title (article 66))''; and
(3) by adding at the end the following new subsections:
``(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 (article) shall be liberally
construed to effect its purposes.''.
SEC. 5287. REHEARINGS.
Section 863 of title 10, United States Code (article 63 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a) In General.--'' 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) Plea Agreements.--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) Sentences Set Aside on Appeal by Government.--If, after
review of a sentence under section 866(b)(2) of this title (article
66(b)(2)), 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.''.
SEC. 5288. 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 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).
(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. 5289. 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 Eligible for Direct Appeal.--
``(1) Mandatory review.--If the judgment includes a
sentence of death, the Judge Advocate General shall forward the
record of trial to the Court of Criminal Appeals for review
under section 866(b)(3) of this title (article 66(b)(3)).
``(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).
``(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.''.
SEC. 5290. 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 (i)'';
(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 (h), (i), (j), and (k), 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 of 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 dismissal of a commissioned
officer, cadet, or midshipman, dishonorable or bad-
conduct discharge, or confinement for more than six
months.
``(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(e) of this title (article 56(e)).
``(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 of all cases that the Judge
Advocate General orders sent to the Court for review under
section 856(e) of this title (article 56(e)).
``(3) Review of capital cases.--A Court of Criminal Appeals
shall have jurisdiction of a court-martial in which the
judgment entered into the record under section 860c of this
title (article 60c) includes a sentence of death.
``(c) Timeliness.--An appeal under subsection (b) 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--
``(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 paragraph (1) of subsection
(b), the Court shall affirm, set aside, or modify the findings,
sentence, or order appealed.
``(2) Capital cases.--In any case before the Court of
Criminal Appeals under paragraph (3) of subsection (b), the
Court shall review the record of trial and affirm, set aside,
or modify the findings or sentence.
``(3) Error or excessive delay.--In any case before the
Court of Criminal Appeals under paragraph (1), (2), or (3) of
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 the Evidence.--
``(1) In general.--In an appeal of a finding of guilty
under paragraph (1)(A), (1)(B), (1)(C), (2), or (3) of
subsection (b), the Court of Criminal Appeals, upon request of
the accused, may consider the weight of the evidence upon a
specific showing by the accused of deficiencies in proof. The
Court may set aside and dismiss a finding if clearly convinced
that the finding was against the weight of the evidence. The
Court may affirm a lesser finding. A rehearing may not be
ordered.
``(2) Deference in consideration.--When considering a case
under paragraph (1)(A), (1)(B), (1)(C), (2), or (3) of
subsection (b), the Court may weigh the evidence and determine
controverted questions of fact, subject to--
``(A) appropriate deference to the fact that the
court-martial saw and heard the witnesses and other
evidence; and
``(B) appropriate deference to findings of fact
entered into the record by the military judge.
``(f) Consideration of Sentence.--
``(1) In general.--In considering a sentence on appeal or
review under subsection (b)(1) or (b)(3), the Court of Criminal
Appeals may consider--
``(A) whether the sentence violates the law;
``(B) whether the sentence is inappropriately
severe--
``(i) if the sentence is for an offense for
which there is no sentencing parameter under
section 856(d) of this title (article 56(d));
or
``(ii) in the case of an offense with a
sentencing parameter under section 856(d) of
this title (article 56(d)), if the sentence is
above the upper range under paragraph
(2)(B)(iii) of such section (article).
``(C) in the case of a sentence for an offense with
a sentencing parameter under this section, whether the
sentence is a result of an incorrect application of the
parameter;
``(D) whether the sentence is plainly unreasonable;
and
``(E) in review of a sentence to death or to life
in prison without eligibility for parole determined by
the members in a capital case under section 853(c) of
this title (article 53(c)), whether the sentence is
otherwise appropriate, under rules prescribed by the
President.
``(2) Record on appeal or review.--In an appeal or review
under subsection (b)(1) or (b)(3), 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.
``(g) 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
``(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 (h) 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 (h), as redesignated by subsection (b)(1)
of this section, by inserting ``Action in Accordance With
Decisions of Courts.--'' after ``(h)'';
(3) in subsection (i), as so redesignated, by inserting
``Rules of Procedure.--'' after ``(i)'';
(4) in subsection (j), as so redesignated, by inserting
``Prohibition on Evaluation of Other Members of Courts.--''
after ``(j)''; and
(5) in subsection (k), as so redesignated, by inserting
``Ineligibility of Members of Courts To Review Records of Cases
Involving Certain Prior Member Service.--'' after ``(k)''.
SEC. 5291. 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)'';
(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. 5292. 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. 5293. 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(d)
of this title (article 64 or 65(d)), 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(d) of this title
(article 65(d)), review under this section is limited to the issue of
whether the waiver, withdrawal, or failure to file an appeal was
invalid under the law. If the Judge Advocate General determines that
the waiver, withdrawal, or failure to file 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. 5294. 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. 5295. 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.''.
(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. 5296. 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. 5297. 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. 5298. 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. 5301. 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).
(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.--Section 924 (article 124) is transferred so
as to appear after section 928 (article 128) and is
redesignated as section 928a (article 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. 5302. 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. 5303. 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 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. 5304. 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 5303 of this Act, the
following new section (article):
``Sec. 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. 5305. 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 5304 of this Act, the
following new section (article):
``Sec. 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. 5306. 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.''.
SEC. 5307. 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
5301(2) of this Act, the following new section (article):
``Sec. 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. 5308. 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.''.
SEC. 5309. 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. 5310. 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. 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, 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) 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. 5311. 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 5301(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. 5312. 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 5311 of this Act, the
following new section (article):
``Sec. 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 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. 5313. 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. 5314. 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 5301(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. 5315. 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 5301(5) of this
Act, the following new section (article):
``Sec. 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. 5316. 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
5301(12) of this Act, the following new section (article):
``Sec. 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. 5317. 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 5316 of this Act, the
following new section (article):
``Sec. 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. 5318. 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 5317 of this Act, the
following new section (article):
``Sec. 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
``(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. 5319. 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. 5320. 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 5319 of this Act, the
following new section (article):
``Sec. 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. 5321. 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. 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 received by the
addressee shall be punished as a court-martial may direct.''.
SEC. 5322. 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. 5323. 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 5322 of this Act, the
following new section (article):
``Sec. 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. 5324. 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.
``(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. 5325. 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 5301(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. 5326. 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. 5327. 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 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. 5328. 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. 5329. 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. 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. 5330. 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;
(2) in paragraph (2)--
(A) by striking ``another person when'' and
inserting ``another person--
``(B) when'';
(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''; and
(C) in subparagraph (B), as so added, by striking
``or'' at the end; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) commits a sexual act upon another person by
wrongfully using position, rank, or authority to coerce the
acquiescence of the other person in the sexual act;''.
(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--
``(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 `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. 5331. 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. 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. 5332. 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. 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. 5333. 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 5332 of this Act, the
following new section (article):
``Sec. 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. 5334. 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 at the time of the robbery,
is guilty of robbery and shall be punished as a court-martial may
direct.''.
SEC. 5335. 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 5334 of this Act, the
following new section (article):
``Sec. 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. 5336. 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 5335 of this Act, the
following new section (article):
``Sec. 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 such 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. 5337. 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
5301(14) of this Act, the following new section (article):
``Sec. 924a. Art. 124a. Bribery
``(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 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. 5338. 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 5337 of this Act, the
following new section (article):
``Sec. 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. 5339. 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. 5340. 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 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. 5341. 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. 5342. 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 5301(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
``(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. 5343. STALKING.
Section 930 of title 10, United States Code (article 130 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 5301(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
``(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. 5344. 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. 5345. 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 5344 of this Act, the
following new section (article):
``Sec. 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. 5346. 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 5345 of this Act, the
following new section (article):
``Sec. 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
``(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. 5347. 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 5346 of this Act, the
following new section (article):
``Sec. 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, 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. 5348. 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 5347 of this Act, the
following new section (article):
``Sec. 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. 5349. 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
5301(3) of this Act, the following new section (article):
``Sec. 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. 5350. 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 5349 of this Act, the
following new section (article):
``Sec. 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. 5351. 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. 5352. 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.
``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.
``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. 5401. 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) employed by
the Department of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, and''.
SEC. 5402. TECHNICAL AMENDMENT TO ARTICLE 136.
The heading of 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.
SEC. 5403. 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:
``(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. 5404. 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. 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) Implementation.--
(1) Implementation.--The Secretary of Defense shall
commence carrying out section 940a of title 10, United States
Code (article 140a of the Uniform Code of Military Justice), as
added by subsection (a), by not later than two years after the
date of the enactment of this Act.
(2) Effective date of standards and criteria.--The
standards and criteria under section 940a of title 10, United
States Code (article 140a of the Uniform Code of Military
Justice), as so added, shall take effect on such date, not
later than four years after the date of the enactment of this
Act, as the Secretary shall provide in implementing such
section (article).
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
SEC. 5421. 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 Homeland Security).
``(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.
``(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) 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.
``(3) 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.
``(4) 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 a report on the
results, including the Panel's findings and recommendations,
through the Secretary of Defense to the Committees on Armed
Services of the Senate and the House of Representatives.
``(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.
``(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. 5422. 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. 946. Art. 146a. Annual reports
``(a) Court of Appeals for the Armed Forces.--Not later than
December 31 of 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 of 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 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 Homeland
Security.''.
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
SEC. 5441. AMENDMENTS TO UCMJ SUBCHAPTER TABLES OF SECTIONS.
The tables of sections for the specified subchapters of chapter 47
of title 10, United States Code (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 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 is amended--
(A) by inserting after the item relating to section
830 (article 30) the following new item:
``830. Art. 30a. 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 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.''; and
(C) by striking the items relating to sections 852
and 853 (articles 52 and 53) and inserting the
following new items:
``852. Art. 52. Votes required for conviction, sentencing, and other
matters.
``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 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 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.'';
(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 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 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. 5442. 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 by 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
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 the authorized punishments for the offense, as in effect
at the time the offense is committed.
Passed the Senate June 14, 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 2943
_______________________________________________________________________
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.